The 1993 state law permitting charter schools was not brought on by academic or financial crisis in Detroit — those would come later — but by a free-market-inclined governor, John Engler. An early warrior against public employee unions, he embraced the idea of creating schools that were publicly financed but independently run to force public schools to innovate.
To throw the competition wide open, Michigan allowed an unusually large number of institutions, more than any other state, to create charters: public school districts, community colleges and universities. It gave those institutions a financial incentive: a 3 percent share of the dollars that go to the charter schools. And only they — not the governor, not the state commissioner or board of education — could shut down failing schools.
For-profit companies seized on the opportunity; they now operate about 80 percent of charters in Michigan, far more than in any other state. The companies and those who grant the charters became
major lobbying forces for unfettered growth of the schools, as did some of the state’s biggest Republican donors.
Sometimes, they were one and the same, as with J. C. Huizenga, a Grand Rapids entrepreneur who founded Michigan’s largest charter school operator, the for-profit National Heritage Academies. Two of the biggest players in Michigan politics, Betsy and dikk DeVos — she the former head of the state Republican Party, he the heir to the Amway fortune and a 2006 candidate for governor — established the Great Lakes Education Project, which became the state’s most pugnacious protector of the charter school prerogative.
Even as Michigan and Detroit continued to hemorrhage residents, the number of schools grew. The state has nearly 220,000 fewer students than it did in 2003, but more than 100 new charter schools.
As elsewhere across the country, charters concentrated in urban areas, particularly Detroit, where the public schools had been put under state control in 1999. In 2009, it was found to be the lowest-performing urban school district on national tests.
Operators were lining up to get into the city, and in 2011, after a conservative wave returned the governor’s office and the Legislature to Republican control for the first time in eight years, the Legislature abolished a cap that had limited the number of charter schools that universities could create to 150.
Some charter school backers pushed for a so-called smart cap that would allow only successful charters to expand. But they could not agree on what success should look like, and ultimately settled for assurances from lawmakers that they could add quality controls after the cap was lifted.
In fact, the law repealed a longstanding requirement that the State Department of Education issue yearly reports monitoring charter school performance.
At the same time, the law included a provision that seemed to benefit Mr. Huizenga, whose company profits from buying buildings and renting them back to the charters it operates. Earlier that year he had lost a tax appeal in which he argued that a for-profit company should not have to pay taxes on properties leased to schools. The new law granted for-profit charter companies the exemption he had sought.
Just as universities were allowed to charter more schools,
Gov. Rick Snyder created a
state-run district, with new charters, to try to turn around the city’s worst schools. Detroit was soon awash in choice, but not quality.
Twenty-four charter schools have opened in the city since the cap was lifted in 2011.
Eighteen charters whose existing schools were at or below the district’s dismal performance expanded or opened new schools.