OCR Complaint Re Moyer Academy (de)(2)

June 29, 2010 OCR Complaint from African American Association of Charter School Administrators

To: OCR

COMPLAINANT:

U.S. DEPARTMENT OF EDUCATION

OFFICE OF CIVIL RIGHTS

Rev. Ozie Lee Ha!l, Jr.Legal Redress ChairmanAfrican American Association of Charter School AdministratorsPost Office Box 1699Winterville, NC 28590Telephone Contact: (252)520-3397Email: [email protected]

PERSONS OR CLASS OF PERSONS INJURED:

All African American (Black) students that now attend public charter schools in the State

of Delaware, and all African American (Black) students that may attend public charter schools in

the future in the State of Delaware. All students, and particularly African American (Black)

students, that attended Maurice J. Moyer Academy during the 2009/2010 school year, and whom

would otherwise be eligible to attend in the future.

NAME AND LOCATION OF INSTITUTION THAT COMMITTED THE ALLEGEDDISCRIMINATORY ACTS:

Delaware State Board of EducationJohn G. Townsend Building401 Federal StreetDover, DE 19901Telephone: (302) 735-4000Fax: (252) 739-4654Att: Teri Quinn Gray, Ph. D., President

Delaware Department of EducationJohn G. Townsend Building401 Federal StreetDover, DE 19901Telephone: (302) 735-4000Fax: (252) 739-4654Att: Lillian Lowery, Ed. D., Superintendent

Page I1


DESCRIPTION OF THE ALLEGED DISCRIMINATORY ACT(S):

The Delaware State Board of Education and the Delaware Department of Education are

recipients of federal financial assistance. Delaware State Board of Education and the Delaware

Department of Education discriminated against Af~can American (Black) students that attend

Maurice J. Moyer Academy, and the Charter School they attended on the basis of race in

violation of Title VI of the Civil Rights Act of 1964. The Delaware State Board of Education

and the Delaware Department of Education maintains a charter school authorization/renewal

policy that is designed to constructively discriminate and disparately impacts African American

(Black) students on the basis of race in violation of Title VI of the Civil Rights Act of 1964. The

policy also discriminates against Hispanic students, Handicapped students, and limited English

proficient students.

On or about February 19, 2010, the Delaware State Board of Education voted not to

renew Maurice J. Moyer Academy’s charter. Paramount in the reasons given for non-renewal

included alleged deficiencies in student performance.

Delaware Department of Education Regulations, Section 275 Charter Schools 4.2.1.3

provides, in pertinent part, that "... the Charter School’s average student performance on the

DSTP assessments in each content area will meet or exceed the statewide average student

performance of students in the same grades for each year of test administration..." Section 10.3

says "Charters shall be renewed only if the school receives a satisfactory Performance Review."

In Delaware’s public schools the consistent historical trend is that there has been a

substantial achievement gap between black and white students in all subject areas (Reading,

Math, Science, Social Studies, and Writing) on the DSTP since it has been being administered.

It is well known that the mean performance level of Black students (Hispanic, Handicapped, and

page 12


limited English proficient as well) in all subjects is wel! below the average performance

composite of all students on the DSTP assessments. The impact of said policy is that no charter

school can obtain renewal in Delaware that serves a majority population of black students. The

policy is a deterrent to anyone who would invest in capital or equipment financing for charter

schools that serve large populations of black students. The policy tends to limit the school

choice option for black students and their parents.

Under the subject policy, the only scenario wherein a majority black charter school could

exist is if that school unlawfully screened students and only admitted already high performing

black students that perform at about two standard deviations above the mean performance for

black students (cherry picking). Moyer Academy, without cherry picking students, out

performed the state average and the average for its surrounding traditiona! school districts

(Brandywine, Red Clay, Colonial, and Christiana School Districts) for their comparable

population of low income black students. Black students at Moyer Academy are better off at

Moyer Academy based on a comparison of DSTP scores controlled tbr race and social economic

status. There is no rational basis to close Moyer due to its performance. The data indicates that

but for the constructive discriminatory intent and actual discriminatory impact of the policy,

Moyer Academy’s charter would have been renewed.

The typical charter school in Delaware that serves a majority white student population

does not face the same threat of non-renewal as charter schools that serve black students. The

policy is created based upon the composite mean scores of all students where the majority

population is white. The historical data trend informs the policy makers as to the demographic

profile of historical student performance by race, ethnicity, low income status, and limited

English speaking proficiency. The policy makers chose to set a bench mark of success that

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discriminates against black students, Hispanic students, handicapped students, and limited

English proficient students. The threshold of performance success is set well above the level of

reasonable incremental success and severely punishes charter schools that serve significant size

populations of black students even though those students are significantly outperforming the

state and local district composite for similarly situated groups of students.

(The attached Study of Moyer Academy Student Performance is hereby incorporated by this

reference.)

REQUEST FOR RELIEF

It is requested that the Office of Civil Rights investigate these matters and make a finding

that the Delaware State Board of Education and the Delaware Department of Public Instruction

charter renewal policy is discriminatory and seek to compel the Delaware State Board of

Education and the Delaware Department of Public Instruction to restore and renew the charter of

Maurice J. Moyer Academy.

This the 29th day of June, 2010.

Don McQueenPresident

Susan SlocumBoard Secretary

Ozie Lee Hall, Jr.Treasurer and Legal Redress Chair

Eugene SlocumBoard Member

Simon JohnsonBoard Member

Dr. Cynthia McQueenBoard Member

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AFFIDAVIT

I, Ozie Lee Hall, Jr., hereby affirm that the foregoing OCR Complaint is true and correctto the best of my knowledge, information, and belief.

Dated: June 29, 2010

Ozie L’~e Hall, Jr., Legal Redress Chair

SWORN TO AND SUBSCRIBED BEFORE ME A NOTARY PULCI OF THE ~TATE OFNORTH CAROLINA, i~i~2~j COUNTY. THIS THE DAY OFJune, 2010.

NOTARY PUBLIC

My Commission Expires: (~_~° i.rx£

Page I 5

Study" of Moyer Academy Student Performance. Revised and Updated March 19, 2010,

STUDY OF THE MAURICE 3. MOYER ACADEMY:

STUDENT PERFORMANCE

(Revised and Up-Dated)

Prepared for:

Theo K. Gregory, Sr, DirectorThe Maurice J. Moyer Academy

610 E. 17th StreetWilmington, DE 19802

and the

Association of African American Charter School Adnfinistrators3211 Bramer DriveRaleigh, NC 27604

Don McQueenPresident

(919)538-8060

,prepared by:

O. Lee Hall Associates, Inc.Post Office Box 1699

Winterville, NC 28590Contact: Ozie Lee Hall, Jr.

Presidentoziehall(~hotmail.com

(252)520-3397

Dated:

March 19, 2010

Study of Moyer Academy Student Performance. Revised and Updated March 19, 2010.

EXECUTIVE SUMMARY

The public data on The Maurice J. Moyer Academy, as published on the website of the

Delaware Department of Education demonstrates that Moyer out performed statewide composite

test scores when the numbers are controlled for race and low-income status. The Delaware

Department ot" Education website list Moyer Academy’s school rating as "Commendable."

Moyer serves a student population profile that is about 96.9 percent African American, 2.2

percent Hispanic, and 22.5 percent Special Education. Moyer’s student population is 89.2

percent low-income. Each of these groups have historically and significantly underachieved

Asian and White students. Comparison to state composite scores including all groups skews the

picture of progress of schools such as Moyer Academy that has a more homogeneous student

population.

In order to ascertain an accurate comparison the state and local district composite scores

have to be controlled and adjusted for race and low-income status to obtain accurate comparison.

The Delaware Department of Education did not report accurate comparison data to the State

Board of Education prior to its’ consideration of Moyer’ charter renewal application.

The State Board of Education’s vote to not renew Moyer Academy’s charter is based

upon erroneous information regarding Moyer’s student performance. In addition to out

performing the statewide composite for the student population it serves, Moyer out performed

the Brandywine, Red Clay, Christiana, and Colonial School Districts with this high risk

population. The data illustrates that students at Moyer Academy are better off at Moyer’s than

they would be in the traditional publie school system.

It is recommended that the State Board of Education reconsider its decision to not renew

Moyer Academy’s charter based upon this evidence of its students’ performance.


About the Author and Principal Investi

OZIE LEE HALL, JR. - served as the author and principal investigator in this study. He is theCEOiPrincipat of Kinston Charter Academy, located in Kinston, North Carolina. Mr. Hallearned a Bachelor’s Degree in Business Administration from Mount Olive College and a Masterof Science in Administration Degree from Central Michigan University where he completedcourse work in Quantitative Analysis and Statistics. Mr. Hall has completed course work andwill receive his Master of Arts Degree in Education in June 2010. Mr. Hall chairs the ResearchCommittee for the National Association of African American Charter School Administrators.Mr. Hall is President of the Pitt County Coalition for Educating Black Children.

Study of Moyer Academy Student Pertbrmance. Revised and Updated March 19, 2010.

TABLE OF CONTENTS

EXECUTIVE SUMMARY ..................................................................2

ABOUT THE AUTHOR AND PRINCIPAL INVESTIGATOR ....................... 3

INTRODUCTION .............................................................................5

PROBLEM STATEMENT ....................................................................7

METHODOLOGY ............................................................................7

DATA ANALYSIS ........................................................................... 8

CONCLUSIONS/RECOMMENDATIONS ............................................... 15

Study of Moyer Academy Student Performance. Revised and Updated March 19, 2010,

INTRODUCTION

The Delaware State Board of Education granted Maurice J. Moyer Academy (Moyer) a

State charter, pursuant to I4 Del. Code. ,~ 50.I el seq., to operate a charter school for a period of

four years. The charter expires at the end of 2010 academic school year. Moyer applied to

renew its charter in the fall of 2009. On or about February 19, 2010, the State Board of

Education voted not to renew Moyer Academy’s charter. The reasons for non-renewal cited

included deficiencies in (1) student performance, (2) cumculum, and (3) highly qualified

teachers.

In its "Race to the Top" application to the U.S. Department of Education, dated January

19, 2010, the State of Delaware states "In January 2009, the Delaware Department of Education

recommended non-renewal of Moyer Academy’s charter after it failed to meet student

performance goals. This record shows that the state is willing to close charter schools when they

are not meeting standards."

This study demonstrates that Moyer Academy out performed the surrounding school

districts in reading and math when making a direct comparison between the student groups it

predominately serves and the comparable student profile in the local districts.

Subject

ReadingMathTotal

BrandywineSchool District22.5716.2219.40

Reading and Math ScoresAdjusted for Race and Low-Income Status

2008-2009

Red ClaySchool District26.6418.4022.52

ColonialSchool District31.2119.2425.23

i Christiana

School District27.90I 18.01

22.96

MoyerAcademy44.6523.4734.06


Moyer Academy, overall, out performed the statewide composite for low-income African

American students for the prior two years. See Below.

MOYER ACADEMY AND STATE OF DELAWAILEDATA COMPARISON

2008-2009

Subj ect

Reading__Math

ScienceWriting

Social StudiesTotal

State Score

27.7319.2316.1327.8715.4121.27

Moyer AcademyScore

44.6523.479.9158.4414.8730.27

, Variance

i6.924.24

(6.22)30.57(0.54)9.00

!StandardDeviation

4.112.06

(2.49)5.53

(0.73)3.00

MOYER ACADEMY AND STATE OF DELAWAREDATA COMPARISON

2007-2008

Subject

ReadingMath

ScienceWriting

Social StudiesTotal

State Score

26.1017.9813.4925.5220.2220.66

Moyer AcademyScore

Variance

35.3716.658.40

41.7423.6025.15

9.27(1.33)(5.09)16.223.384.49

StandardDeviation

3.04(1.15)(2.26)4.031.842.12

Moyer serves a high risk student population of about 96.9 percent African American and

2.2 percent Hispanic with its Low-income population at 89.2 percent, and Special Education

population at 22.5 percent. The State composite numbers include the entire population of White,

Hispanic, Asian American, American Indian, and African American. African American students

make up only 33.2 percent of the state total population and Low-income status make up about

42.2 percent. Special education makes up about 12 percent of the State composite nmnber.

These at-risk populations (African American, Low-income, and Special Education) have

historically scored below the White and Asian population. In order to accurately compare the


public school composite scores to a charter school like Mover that is 96.9 percent African

American with 89.2 percent Low-income the State composite scores of all students must first

be adjusted for race, Low-income status, and Special Education status.I The actual

performance of Statewide students that are African American and Low-income should be

isolated for comparison to make an accurate assessment of Mover’s student performance.

PROBLEM STATEMENT

Across the nation States are attempting to carry out the President’s mandate to close low

performing charter schools without developing fair and mathematically sound methods to

determine whether majority African American, Low-income, and Special Education populations

are better served by the Charter school than the traditional public schools. The result is states are

closing Charter schools that serve special targeted populations that are out performing traditional

public schools due to erroneous information. This does a disservice to our educational

infrastructure and to high risk African American students.

METHODOLOGY

The State composite scores for reading, math, science, writing, and social studies for the years

2008-2009 and 2007-2008 were adjusted for race and low-income status for grades 6, 7, 8, 9 and 10.

Reading and math composite scores were adjusted for race and low-income status for the 2008-2009

school years for the Brandywine, Red Clay, Christiana, and Colonial Schools Districts and compared to

Moyer. Adjustments to state and district composite scores were made based upon published low-income

data for all entities adjusted. Data was collected from the Delaware Department of Education website at

http:i/dstp.doe.k 12.de.us/.

i Please note that in this analysis we did not adjust for Special Education. It should be noted that Mover’s Special

Education population is nearly double the State composite. Adjusting for Special Education would result in morefavorable scores for Mover.

7


DATA ANALYSIS

Existing data published on the Delaware Department of Education website was complied and

analyzed. Table 1.1 illustrates the data comparison between Moyer and Statewide composite scores for

low-income African American students in reading. Moyer significantly out performed the statewide

composite during the 2008-2009 school year in reading, grades 6-10.

COMPARISON OF MOYER ACADEMY AND STATE OF DELAWAREREADING SCORES CONTROLLED FOR RACE AND LOW INCOME STATUS

2008-2009

GradeLevel

678910

StateCompositeScores

82.5187.1381.1373.717!.00

StateAfricanAmericanCompositeScores

72.1378.3368.9460.0052.95

I StateAfricanAmericanCompositeAdjusted

. for LowIncome

Status32.1734.0729.8524.1818.37

MoyerAcademyCompositeScores

65.7963.2745.6835.5640.00

MoyerAcademyCompositeAdjustedfor LowIncomeStatus(89.2%)

58.6856.4440,7531.7235.68Total

Variance

26.5122.3710.907.5417.3116.92

StandardDeviation

5.154.733.302.754,164.11

Table 1:1

Data comparisons between Moyer and the statewide composite for low-income African American

students illustrated below demonstrate that Moyer out performed the statewide composites for grades 6, 7

and 10. See: Table 1:2.


COMPARISON OF MOYER ACADEMY AND STATE OF DE_LAWAREMATH SCORES CONTROLLED FOR RACE AND LOW INCOM__~ STATUS

2008-2009

GradeLevel




StateAfricanAmericanCompositeAdjustedfor LowIncomeStatus

26.4823.3320.10t 4.4211.81

6 74.71 59.32 45.837 70.63 53.64 43.868 65.86 46.43 22.229 54.80 35.77 5.3610 56.53 34.03 14.29


40.8839.1219.824.7812.75Total

Variance

14.4015.79(0.28)(9.64)0.944.24

StandardDeviation

3.793.97

(0.53)(3.10)0.972.06

Table 1:2

Data comparisons below illustrate that Moyer did not out perform the statewide composite for

low-income African Americans in Science for the 2008-2009 school year. Data was available for only

one grade level. See: Table 1:3.

GradeLevel

6

7

89

10

COMPARISON OF MOYER ACADEMY AND STATE OF DELAWARESCIENCE SCORES CONTROLLED FOR RACE AND LOW INCOME STATUS

2008-2009


NotReported

NotReported

59.47Not

ReportedNot

Reported


37.26


16.13


11.11

MoyerAcademyCompositeAdjustedfor LowIncomeStatus

9.91

Total

Variance

(6.22)

(6.22)

StandardDeviation

(2.49)

(2.49)


Table 1:3

Data comparisons of Moyer and Statewide composite scores in Writing show Moyer out

performing the statewide composite for low-income African Americans for the 2008-2009 school years.

See: Table 1:4.

COMPARISON OF MOYER ACADEMY AND STATE OF DELAWAREWRITING SCORES CONTROLLED FOR RACE AND LOW INCOME STATUS

2008-2009

GradeLevel

6

7

89

10


NotReported

NotReported

77.51Not

Reported83.88


NotReported

NotReported

68.71Not

Reported74.91


29.75

25.99


60.44

70.59


53.91

62.97Total

Variance

24.16

36.9830.57

StandardDeviation

4.92

6.085.53

Table 1:4

Data analysis comparing Moyer and Statewide Social Studies composite scores illustrate that

Moyer under performed the statewide composite fbr low-income African Americans by a small margin.

See: Table 1:5.

i0


Moyer out performed the statewide composite in reading for the previous year (2007-2008) for

low-income African American students in grades 6, 7, 9 and 10. See: Table 2:1_.

COMPARISON OF MOYER ACADEMY AND STATE OF DELAWAP~READING SCORES CONTROLLED FOR RACE AND LOW D’,IC.OME STATUS

2007-2008

GradeLevel

678910


81.11"84.9380.7975.4570.70


State Moyer Moyer

50.0064.6329.6343.7526.09

AcademyCompositeAdjustedfor LowIncomeStatus(82.6%)

41.3070.0575.1568.0262.5754.17

African

AmericanCompositeAdjustedfor LowIncomeStatus

29.9131.4927.7523.7817.55

AcademyCompositeScores

Variance

53.3824.4736.1421.55Total

tl.3921.89(3.28)12.364.009.27

StandardDeviation

3.374.68

(1.81)3.522.003.04

Table 2:1

Data comparison illustrates that Moyer under performed the statewide composite in math tbr the

2007-2008 schools year. See: Table 2:2.

COMPARISON OF MOYER ACADEMY AND STATE OF DELAWAREMATH SCORES CONTROLLED FOR RACE AND LOW INCOME STATUS

2007-2008

GradeLevel

678910

i State[Compositei Scores

74.7568.3264.9153.4957.87


58.4251.0546.3733.7236.52


24.9521.3918.9212.8111.83


32.6125.8424.59<5.012.77


26.9421.3420.314.1310.55Total

Variance

(1.33)

iStandardDeviation

(I.15)

Table 2.2

12

Study of Mayer Academy Student Performance. Revised and Updated March 19, 2010.

Moyer under performed the statewide composite in science for low-income African American

students during the 2007-2008 school years. See: Table 2:3.

COMPARISON OF MOYER ACADEMY AND STATE OF DI~LAWARESCIENCE SCORES CONTROLLED FOR RACE AND LOW INCO_ME STATUS

2007-2008

GradeLevel

6789t0

Table 2:3


No Data

55.44


33.07


13.49

MoyerAcadernyCompositeScores

10.17

MoyerAcademyCompositAdjustedfor LowIncomeStatus

8.40

Total

Variance

(5.09)

(5.09)

StandardDeviation

(2.26)

(2.26)

Moyer out performed the statewide composite scores in writing for tow-income African

American students during the 2007-2008 school years. See: Table 2:4.

COMPARISON OF MOYER ACADEMY AND STATE OF DELAWAREWRITING SCORES CONTROLLED FOR RACE AND LOW INCOME STATUS

2007-2008

GradeLevel

6789l0


70.4057.9881.4079.2480.77


62.9747.3275.3371.4370.96

StateAthcanAmericanCompositeAdjustedfor LowIncomeStatus

26.8919.8330.7327.1422.99



58.70 48.4939.33 32.4947.46 39.2055.00 45.4352.17 I 43.09

I Total

Variance

21.6012.668,4718.2920.10t6.22

StandardDeviation

4.653.562.914.284.484.03

Table 2:4

13

Study of Moyer Academy Student Performance. Revised and Updated March 19, 2010,

Moyer out performed the statewide composite in social studies for low-income African American

students in the 2007-2008 school years. See: Table 2:5.

COMPARISON OF MOYER ACADEMY AND STATE OF DE___LAWARESOCIAL STUDIES SCORES CONTROLLED FOR RACE AND LOW_INCOME STATUS

2007-2008

GradeLevel

678910


65.41No Data


47.36


20.22


28.57


23.60

Variance

3.38

StandardDeviation

t .84

Total 3.38 1.84

Table 2:5

Moyer overall out performed the statewide composite for all subjects with the exceptions of math

and science. See: Table 2:6.

MOYER ACADEMY AND STATE OF DELAWAREDATA COMPARISON

2007-2008

Subject

ReadingMath

ScienceWriting

Social StudiesTotal

State Score

26.1017.9813.4925.5220.2220.66

Moyer AcademyScore

35.3716.658.40

41.7423.6025.15

Variance

9.27(1.33)(5.09)16.223.384.49

t StandardDeviation

3.04(1.15)(2.26)4.031.842.12

Table 2:6

Moyer out performed Brandywine, Red Clay, Christiana, and Colonial School Districts in reading

and math during the 2008-2009 school years in serving low-income African American students. See:

Table 3:1.

14


MOYER ACADEMY READING AN~ MATH SCORESAS COMPARED TO LOCAL SCHOOL DISTRICTS

Adiusted for Race and Low-Income Status

Subject BrandywineSchool District

Reading 22.57Math 16.22Total 19.40

Table 3:1

2008-2009

Red ClaySchool District26.6418.4022.52

Colonial i ChrisSchool District i Scho31.21 ! 27.9(19.24 I 18.0125.23 !22.9(

.ha

DistrictMoyerAcademy44.6523.4734.06

CONCLUSION/RECOMMENDATIONS

It is concluded that non-renewal of The Maurice J. Moyer Academy for low student performance

is based upon erroneous comparison of Moyer composite test scores with statewide traditional public

school test score without first controlling for race and Iow-income status. The Delaware Department of

Education did not make equitable comparisons and has reached an erroneous conclusion about the

performance of Moyer Academy. The data contained herein illustrates that Moyer out performed the

statewide composites for the 2007-2008 and 2008-2009 school years. Moyer also out performed the

Brandywine, Red Clay, Christina, and Colonial School Districts when reported scores are controlled to

isolate comparison of low-income African American scores to low-income African American scores.

It is recommended that the Delaware State Board of Education renew the charter of Moyer

Academy and revise its policies on student performance to provide for equitable comparisons of student

performance when considering charter renewal applications.

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OCR Complaint Re Moyer Academy (de)(2)

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