aftermath

Few hard details about 24 schools as city prepares legal action

Mayor Bloomberg speaks at a press conference this afternoon in Union Square.

The city canceled meetings with the teachers and principals unions today as its lawyers prepare to seek a restraining order against a ruling that reverses thousands of hiring decisions at 24 struggling schools.

Both the United Federation of Teachers and the Council of School Supervisors and Administrators planned to meet with city officials this afternoon to figure out what would come next for the schools, which had been slated to undergo an overhaul process called “turnaround.” The process involved radically shaking up the schools’ staffs, which total more than 3,500 people. But the arbitrator’s ruling undid all of the changes.

UFT President Michael Mulgrew said the meeting was already on his agenda by Friday afternoon, just hours after the arbitrator ruled that the city’s staffing plans for the schools violated its contracts with the unions.

A main agenda item would have been figuring out a mechanism for staff members who were not rehired at the schools to reclaim their positions. Another issue, Mulgrew said on Friday, was whether the city and unions might instead try to hash out a teacher evaluation agreement for the 24 schools so they could undergo less aggressive overhaul processes and still qualify for federal funding.

But this morning, the city told the unions that the meetings were off.

Mayor Bloomberg explained this afternoon that he thinks the city should not have to abide by the arbitrator’s ruling until the arbitrator explains his reasoning.

The arbitrator, Scott Buchheit, released only his conclusions, not the legal rationale he used to get there. That would come separately, he wrote. The city and unions agreed to fast-track the arbitration, which was binding, on the grounds that schools would be harmed if hiring decisions were not made before the end of the school year.

“I have no idea what was going through the arbitrator’s mind,” Bloomberg said after a press conference about a city greenmarket initiative.

“I can just tell you, there are 24 schools, [and] almost all students there are minorities, single-digit-proficiency levels,” Bloomberg said. “These kids, if they’re there for one more year, will never recover in their entire lives.”

City lawyers are preparing papers to present to a judge as early as this afternoon — but more likely tomorrow — that will make Bloomberg’s case.

The lawyers are not at all assured success: They will be seeking a restraining order in New York State Supreme Court, the same court that urged the city and unions into the binding arbitration in the first place. Plus, they will be asking to put on hold the results of a refereeing process the city willingly entered, with a referee that the city and union both approved.

Meanwhile, teachers at the schools are weighing their options. Any teacher who was rehired as part of the turnaround staffing process will automatically keep his or her job, and any teacher who took a job in another school for the fall can choose whether to keep that position or retake his spot at his former school, according to a message from the UFT to teachers at the schools distributed on Friday.

Teachers who weren’t rehired will be able to reclaim their spots and slide right back into the seniority rank they occupied before. Seniority will come into play if the schools lose students and must shed teachers, which contractually must be done according to the principle of “last in, first out” in each subject area.

All of the principals who were in place last week are also entitled to stay on, even if they had been told they would not return this fall. But a handful of principals who left their schools early in the turnaround planning process this winter — including Barry Fried at John Dewey High School and Anthony Cromer at August Martin High School — will not share that right, according to a principals union spokeswoman.

And staff members at the schools are worrying that even if the rehiring reversal stands, the uncertainty that has hung over the schools since last fall will not abate.

A teacher from Long Island City High School who listened in on the hearing where the city and unions agreed to arbitration said at the time that the turnaround schools would be harmed regardless of the lawsuit’s outcome. “It’s like they’re pushing Humpty Dumpty off a wall,” the teacher said. “You will have a lot of trouble putting [the schools] back together again.”

A teacher at Lehman High School said he’s moving on to another school and expects many of his former colleagues to make the same choice. “The administration and principal completely ignored the school these past few months while they planned for next year,” he said. “I believe that it is very likely that our stats went down from last year.”

Among the unanswered questions is whether the nonprofit organizations that had been working with a dozen of the schools will continue to play a role in their operations. The city had hoped to use federal School Improvement Grants to pay the groups, but the grants are almost certainly off the table because the arbitrator’s decision will mean few if any schools meet federal and state eligibility rules.

“Everyone is nervous about what happens next,” said Lisa Jimenez, a teacher at Newtown High School, which has been working with a group called Diplomas Now. “Do we need to worry about getting closed next June? Do we continue with the original plan of these schools having three years to improve?”

second chance

An embattled Harlem charter school that serves kids with disabilities will be allowed to keep its middle school — for now

PHOTO: Alex Zimmerman
Opportunity Charter School

A Harlem charter school will be allowed to keep its middle school next school year, despite the fact that top city education officials have repeatedly ruled that it is too low performing to stay open.

That decision offers at least temporary relief for Opportunity Charter School, which has been embroiled in a dispute with the education department since March. The disagreement centers on whether city officials properly took into account the school’s students — over half of whom have a disability — when it judged the school’s performance.

The city’s education department, which oversees the school as its charter authorizer, tried to close the middle school and offered only a short-term renewal for the high school when the school’s charter came up for review earlier this year. The school appealed that decision, and was denied late last month.

But the education department is backing down from its position — at least for now. That reversal appears to be based mostly on logistics: A Manhattan Supreme Court judge has temporarily blocked the closure through at least mid-July in response to a lawsuit filed by the school and some of its parents last month, complicating the process of finding students new schools outside the normal admissions cycle.

“Students always come first, and given where we are in the school year, we will allow the middle school grades to remain open in 2017-18,” education department spokesman Michael Aciman wrote in an email on Thursday. Still, he noted, the department will continue to push to close the middle school in the future.

Kevin Quinn, a lawyer representing Opportunity Charter, said the city’s decision was the only responsible one, given that the school has already held its admissions lottery and made offers to parents.

“This is a wise decision by the [education department],” Quinn wrote in an email, “and [we] appreciate their acknowledgment that placement of this population at this time would be significantly disruptive.”

language proficiency

Educators working on creating more bilingual students worry new state requirements aren’t high enough

A second grade class at Bryant Webster K-8 school in Denver (Joe Amon, The Denver Post).

Colorado educators who led the way in developing high school diploma endorsements recognizing bilingual students worry that new legislation establishing statewide standards for such “seals of biliteracy” sets the bar too low.

Two years ago, Denver Public Schools, Eagle County Schools and the Adams County School District 14 started offering the seal of biliteracy to their students. The three districts worked together to find a common way to assess whether students are fluent in English and another language, and recognize that on high school diplomas. Advocates say the seal is supposed to indicate to colleges and employers that students are truly bilingual.

A bill passed by state legislators this year that will go into effect in August sets a path for districts that want to follow that lead by outlining the minimum that students must do to prove they are fluent in English and in another language.

According to the new law, students must meet a 3.0 grade point average in their English classes and also earn a proficient score on the 11th grade state test, or on Advanced Placement or IB tests. For showing proficiency in the second language, students can either earn proficient scores on nationally recognized tests — or meet a 3.0 grade point average after four years of language classes.

Although educators say the law sends a message of support for bilingual education, that last criteria is one part of what has some concerned.

“It allows for proficiency in a world language to be established solely by completing four years of high school language classes,” said Jorge Garcia, executive director of the Colorado Association for Bilingual Education. “Language classes in one school district may have a different degree of rigor than they do in another.”

The second language criteria should be comparable to the English criteria, several educators said. In the requirements set by Denver, Eagle County and Adams 14, students must at a minimum demonstrate language proficiency through a test score, or in some cases with a portfolio review and interview if a test is not available.

The three districts also catered their requirements based on what each community said was important. In Adams 14 and in Eagle schools, students must perform community service using their language skills. Students also have to do an interview in both languages with a community panel.

“Our school district team developed the community service criteria because we wanted our kids to have authentic practice in their languages,” said Jessica Martinez, director of multilingual education for Eagle County Schools. “We also wanted students to be a bridge to another community than their own. For example, one group of students created academic tutoring services for their peers who don’t yet speak a lot of English. Another student started tutoring her mom and her parents’ friends so they could get their GED.”

The state law doesn’t require students to do community service. But it does allow school districts to go above the state’s requirements when setting up their biliteracy programs.

“Thoughtful school districts can absolutely address these concerns,” Garcia said.

Several school districts in the state are looking to start their own programs. In March, the school board for the Roaring Fork School District in Glenwood Springs voted to start offering the seal. Summit School District also began offering the seal this year.

Leslie Davison, the dual language coordinator for Summit, said that although her program will change in the next year as she forms more clear requirements around some new tests, she will continue to have higher requirements than the state has set.

This year her students had prove proficiency in their second language by taking a test in that language. They also had to demonstrate English proficiency through the ACT. In addition, students did oral presentations to the community in both languages.

“Their expectations aren’t as high as mine are,” Davison said. “We’ll probably stay with our higher-level proficiencies. I do have some work to do in terms of how that’s going to look for next year, but I certainly don’t want to just use seat time.”

Meanwhile, the districts that started the seal are increasing their commitment to biliteracy so as many students as possible can be eligible to earn seals in the future.

The Adams 14 school district in Commerce City is using Literacy Squared, a framework written by local researchers for teaching students to read English by strengthening literacy in the native language. The program is being rolled up year by year and will serve students in 34 classrooms from preschool through fourth grade in the fall.

In Eagle County, Martinez said parents have shown such a strong demand for biliteracy that most elementary schools are now dual language schools providing instruction to all students in English for half of the school day and in Spanish for the other half.

Both districts are also increasing the offerings of language classes in middle and high school. The options are important for students who are native English speakers so they too can become bilingual and access the seal. For students whose primary language is not English, the classes can help ensure they don’t lose their primary language as they learn English.

Of Eagle’s 25 students who graduated with a seal of biliteracy this year, 17 were native Spanish speakers and eight were native English speakers.

“We want all kids to see their bilingualism is an asset,” Martinez said. “It’s huge for them.”