There has been plenty of discussion about U.S. Secretary of Education Nominee Betsy DeVos in the weeks since your editor wrote a series of commentaries about why reformers shouldn’t support her, much less anyone in the incoming Trump Administration. The resulting discussion and sparring among reformers over DeVos exemplifies the splits that have been developing within the movement for some time. Just as importantly, the discussions around DeVos’ efforts to oppose the closing of failing charter schools is another reminder of why the movement must rally around strong accountability for all schools serving our children.

The latest example of the split came yesterday when Leadership Council for Civil and Human Rights, a prominent champion for the kind of strong accountability measures promulgated by the now-abolished No Child Left Behind Act, issued a letter calling out DeVos for her support for anti-gay rights measures and her opposition to holding charters in Detroit and the rest of Michigan accountable for poor performance.[Leadership Council also wrongly chastised DeVos for supporting vouchers. It should rethink its position on that aspect of choice.]

Naturally, Leadership Council was able to get the American Federation of Teachers, National Education Association, and their vassals to sign on to the letter. But Leadership Council also got support from Stand for Children and the NAACP Legal Defense Fund, two of the other key players among civil rights players in advancing systemic reform. That three key players within the civil rights wing of the movement have explicitly declared opposition to DeVos — and joined hands with traditionalists to boot — won’t make conservative and even some centrist Democrat reformers very happy. As it is, your editor’s commentaries, along with a piece cowritten by Democrats for Education Reform President Shavar Jeffries, comments from Catherine Brown of Center for American Progress, and the pronouncement last month by Teach For America has rankled them.

Conservative reformers have come out of the woodwork to back her. This included Jason Crye of the Thomas B. Fordham Institute, who complained that arguments that DeVos’ place in the Trump Administration tarred school choice with bigotry were “simplistic and unfair”; and Philip Stutts, a public relations man who works for outfits such as the DeVos-funded American Federation for Children, who took to Fox News to tout her school reform bona fides. [Among other conservatives, DeVos has already won the endorsement of National Review.]

Former CNN anchor-turned-reformer Campbell Brown, who wrote a valentine to in her news outlet (which is funded by DeVos’ family foundation). After reformers and traditionalists criticized the column, Brown later announced that she wouldn’t write again about DeVos and stay out of coverage of the incoming federal official. Harvard Professor Paul Peterson, the former editor-in-chief of Education Next, wrote approvingly of DeVos in the Wall Street Journal.

Meanwhile Daniel Quisenberry, who runs the Michigan Association of Public School Academies, the lobbying group which DeVos helped cofound, took to the pages of Education Next to defend her and her record on advancing systemic reform in Michigan. Declaring that “DeVos has put kids before adults, parents before institutions, and students’ success before politics”, Quisenberry proclaimed that she would do the same as head of federal education policymaking. Expect even more public support from conservative reformers in the coming days, especially as some (most-notably the American Enterprise Institute) are reminded that the DeVos family is among their most-important donors.

But even more questions from civil rights-oriented and centrist Democrat reformers about DeVos will likely come today after they read Kate Zernike’s New York Times report detailing how the Amway heiress worked zealously this year to oppose efforts by a cadre of reformers (including Gov. Rick Snyder and Detroit Mayor Mike Duggan) to overhaul oversight of Motown’s traditional district and charter schools. The plan, which would have created an oversight board, called the Detroit Education Commission, which would have developed an A-F grading of performance for all Detroit schools, shut down failing charters, and pushed for high-quality options to be opened in sparsely-served parts of the city, was scuttled by Republicans who control the Wolverine State’s legislature after DeVos and her family reminded them who finances their campaigns. [The A-to-F grading eventually made it into final legislation that included other reforms for charters statewide.]

Some conservative reformers have already criticized Zernike’s report. Thomas B. Fordham Institute President Michael Petrilli argues that Zernike failed to mention that DeVos opposed the creation of the school oversight board because of fears that it would end up being captured by the AFT’s local there. [Zernike responds by noting that the local lacked the influence needed to make that fear a reality, though, of course, politics can always change.] Others argue that DEC  was worrisome because the board would be appointed by the mayor instead of elected. This is a strange concern given that many charter school authorizers are neither elected nor even politically appointed. A few even note (reasonably) that Duggan, who supported the legislation, also signed a measure restricting charters from acquiring city-owned property, thus making him unreliable on advancing school choice. You can also expect MAPSA and Jeanne Allen’s Center for Education Reform, both of which have strongly defended Michigan’s charter school sector from criticism, to offer more strongly-worded polemics.

As you can imagine, Zernike’s report is another reminder of a point that folks such as Robin Lake of Center for Reinventing Public Education have been making for some time: That strong accountability is key to expanding school choice throughout the nation.

Certainly over the past three decades, charter schools (along with vouchers and other choice programs) have proven that its schools help kids succeed academically and economically in their adulthoods. As Stanford University’s Center for Research on Educational Outcomes determined in its study of charters in 41 cities, the average child gained more than 28 additional days of learning in reading than peers attending traditional district schools. Other data has shown that charters and other form of choice improve the chances that poor and minority kids will graduate from higher education and attain lifelong success.

But as seen in Michigan, not every charter school does the job. As CREDO notes, the average child in a Michigan charter gained 36 additional days of learning in reading over a traditional district peer. More than likely, that is because of the high-quality operators within the sector; as CREDO reported in a special study on the state, 65 percent of charters in the Wolverine State perform either at the same level or worse than traditional districts, making the sector among the lowest-performing in the nation. That 14 percent of Michigan’s charters are both low-performing and do little to improve student achievement is especially troubling.

DeVos’ allies argue that Michigan has closed more charter schools than the national average. What they fail to note is that few charters close because of academic failure. Just one of the 11 charters shut down in 2015-2016 were closed because of academic failure, according to data from the Wolverine State’s Department of Education. The rest were shut down because of financial problems, low enrollment, lost its contract, or were never opened in the first place. [Meanwhile the state is looking to shut down some of the 100 district-run failure mills in coming years.]

Charters in Detroit perform better on average than counterparts in the rest of the state. On average, children in Detroit’s charter schools gain 50.4 days of additional learning in reading over their peers in the failing traditional district, according to CREDO in its urban charter schools study. But as in the rest of Michigan, the performance is driven by the high-quality schools. Fifty-three percent of charters in Detroit either keep pace or do significantly worse in reading than district schools. Just as importantly, because children in Detroit are struggling academically compared to peers in the rest of the Wolverine State, the need to replace failing charters with higher-quality options becomes ever more necessary.

Meanwhile, as CRPE has noted, Detroit also has a charter distribution problem. Most of the high-quality charters in Motown are located in the city’s downtown core, far away from the neighborhoods where the poorest children and families reside. Because Michigan doesn’t require charters in Detroit or elsewhere to provide transportation — and authorizers don’t make that a condition of approval (something that the mayor of another Midwestern hub, Indianapolis, has done for the past two decades) — poor kids are often kept from the highest quality options. What this means is that the mission of the school reform movement to help all children succeed isn’t being fulfilled for those in the most need.

The key problem lies with charter authorizers — including traditional districts — who have been far too willing to allow shoddy charters to remain in operation long after it is clear that they should be shut down. Traditional districts such as Detroit Public Schools are allowed to be charter authorizers even though they lack the manpower (and, given their awful performance, even the credibility) to do a good job of it. But as Education Trust-Midwest noted in its review of charter authorizers in the Wolverine State, even the independent oversight groups do poorly in keeping tabs on charter school performance. One key reason why: They derive revenue from charters, especially through the provision of services to schools that effectively lead to conflict of interests; it’s hard for an authorizer to provide proper oversight to schools if they also collect money from them for providing services.

Some of these issues could have been dealt with through the creation of the oversight board. In fact, the DEC could have actually made it easier to increase the number of charters serving Detroit children by assuring taxpayers and others that high-quality operators would come in to serve children still bereft of choice. But DeVos and her allies among hardcore school choice activists were far less concerned about addressing legitimate issues facing children in Detroit than with ideological opposition to any accountability (as well as the possibility that some charters would be shut down, reducing revenue for authorizers and operators alike). By successfully opposing the creation of the DEC, many of the problems remain in place.

Certainly there are reasonable concerns about putting in accountability measures for charters that can end up being regulatory strangulation of choice by traditionalists opposed to them. That failure clusters such as Detroit’s district continue to operate partly justifies some of the skepticism about holding failing charter counterparts accountable.

But as your editor noted two years ago, support for choice cannot continue without assuring taxpayers that the programs will be operated effectively and that they will do a better job than traditional districts of improving student achievement. Otherwise all we are doing is creating a second system of public education that fails children as badly as the traditional system already in place. The fact that failing districts continue to operate doesn’t justify keeping equally laggard charters open for business.

It is bad enough that DeVos is undercutting support for expanding choice by incoming President and administration that engages in race-baiting, religious bigotry, and anti-immigrant sentiment. Even worse is that DeVos has continually remained quiet and not disavowed Trump’s bigotry. But the report on her opposition to reasonable accountability for charters adds another strike against her possible tenure overseeing federal education policy. DeVos doesn’t merit much of a defense.