A Fair Test of State Privatization?

By Kalman R. Hettleman

State educators in Maryland are cheating on the controversial "takeover" test. The test is whether the state department of education can improve academic scores in three low-performing Baltimore schools by taking over the schools and contracting them out, beginning this month, to Edison Schools Inc., a national, for-profit company.

As reported in these pages, the contract "appears to be a national first in state education policy." ( "Private Firms Tapped To Fix Md. Schools," Feb. 9, 2000.) More importantly, it opens up another front in the nationwide battle over privatization of public schools, with state departments of education in a position to lead the charge.

Nearly half the states have "academic bankruptcy" laws that allow interventions in failing local districts or individual schools. According to one recent study, there have been 25 interventions since 1989, including state operation of entire districts and "reconstitution" processes. Maryland officials have relied upon an aggressive reconstitution strategy. The first step places schools with chronic poor achievement in reconstitution-eligible status: Districts must undertake their own restructuring of staff and instructional programs under strict state supervision. Since 1994, 97 schools—including 83 in Baltimore—have undergone this process. The second step allows reconstitution- eligible schools that still do not show significant progress to be reconstituted: that is, taken over by the state and operated by a third party. Earlier this year, the state education department chose to go that route with three Baltimore elementary schools. After soliciting bids, the state chose Edison to...