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?”

talking it out

At NAACP hearing on charter school moratorium, foes and fans find common ground

PHOTO: Cassi Feldman
Nyla Jenkins, a first-grader at KIPP STAR Harlem College Prep Charter School

When the NAACP called for a moratorium on charter schools last fall, the group’s president and CEO Cornell Brooks said the group wanted a “reasoned pause,” not a “doomsday destruction” of charters.

Still, it ignited a firestorm among charter school supporters and sparked a series of hearings nationwide, the last of which was held Thursday in New York City. But rather than a heated debate, the panelists and public speakers took pains to find common ground.

“We cannot have a situation where schools are pitted against each other,” Randi Weingarten, president of the American Federation of Teachers, told the packed auditorium at Harlem Hospital Center.

Many panelists said the problem wasn’t school choice, but the fact that too many parents felt compelled to seek alternatives to struggling district schools.

“If you go into communities where education is working, you don’t see people scrambling around, trying to figure out what school to put their child in,” said Lester Young, a member of the state Board of Regents. “We have communities in New York City right now where parents say there is not one middle school I can place my child in. Now, that’s the issue.”

Still, many of the speakers also acknowledged problems with charter schools, particularly in states where the laws governing them are more lax than they are in New York.

“We want to make sure that those schools are going to accept students that have special needs,” said Rebecca Pringle, vice president of the National Education Association. “We want to make sure that we do not create separate systems that are unequal.”

The charter school advocates on the panel seemed to agree that some charters weren’t working. They were quick to denounce for-profit charters, for instance. “For-profit operators have no business in education,” said Katie Duffy, CEO of Democracy Prep Charter School. Our children “are not assets and liabilities and they shouldn’t be treated as such.”

Rafiq Kalam id-Din II, who founded a charter school in Bedford-Stuyvesant, spoke about the need for more schools like his, founded and staffed by black and Hispanic community members. Without naming names, he called out charter schools that believe “if you don’t sit a certain way, you can’t learn” or are using suspension as a “first response” rather than a last resort.

“Criminalizing the behavior of our children — there should be a moratorium on that,” he said.

But it was Nyla Jenkins, 7, a first-grader at KIPP STAR Harlem College Prep Charter School, who drew the most applause of the night when she took the microphone and declared herself a junior lifetime member of the NAACP. “Let’s find a solution for all of us,” she said.

Building Better Schools

IPS broke its own rules to work with a for-profit charter operator. Now it’s having second thoughts.

PHOTO: Scott Elliott
Donnan Middle School was taken over by the state and handed off to be run by Charter Schools USA in 2012. The school now includes an elementary school in partnership with Indianapolis Public Schools.

An unusual partnership between a for-profit charter operator and Indianapolis Public Schools could be on the rocks.

That’s because during its first year of operation, Emma Donnan Elementary School students had some of the lowest test scores in the district and did not make significant gains from the prior year — landing it on the shortlist for district intervention.

If scores are not good this year or in 2018, the district might terminate its contract with Charter Schools USA to operate Donnan, according to Superintendent Lewis Ferebee.

“They struggled in last year’s performance,” he said. “They did not perform at our standard.”

Florida-based CSUSA began managing three Indianapolis schools, including Emma Donnan Middle School, after the schools were taken over by the Indiana State Board of Education six years ago. In 2015, they opened Donnan Elementary as an IPS innovation school in the same building as the middle school. The district is responsible for the school’s — so far low — test scores, but the staff are employed by the charter operator, which handles daily operations.

IPS suspended a policy against working with for-profit operators when it agreed to work with CSUSA to launch Donnan Elementary. The move was intended to give the district more involvement in a building that otherwise would be state-controlled and give CSUSA a chance to work with students earlier. Middle schoolers at Donnan often enroll far behind grade level.

Eric Lewis, a senior official with CSUSA, said the organization is “thrilled to be in partnership” with IPS, and he is not concerned about pressure from the district to improve test scores because “we always intend to improve.”

CSUSA operates 77 schools across the country, many of which also have struggled academically. In the six years since Indiana handed management of three IPS schools over to the charter-manager, those schools have not shown significant improvement.

In recent years, CSUSA has appeared poised to expand in Indiana, but earlier this week the Indiana Charter School Board canceled charters for two schools that were expected to be managed by CSUSA because the company had stopped communicating about its plans.

IPS board members have been skeptical of Donnan Elementary’s progress in the past, but they were relatively quiet during a presentation from CSUSA at their meeting Thursday. (Innovation schools must present their progress to their board twice a year.)

Board member Diane Arnold said the report, which included information on enrollment and scores on tests used to track student progress throughout the year, showed more improvement than the last report school leaders presented to the board.

She is cautiously optimistic Donnan will improve with support.

“We kind of pushed the envelope to give them the elementary school,” she said. “My expectation is we should see results. … And I am hopeful.”

But it’s unclear what help the school will get from the district to improve test scores. Lewis said he did not “have any sense” of what resources the district could provide the school through its new intervention process, but “we look forward to partnering with them.”

Board president Mary Ann Sullivan said she was concerned that Donnan appeared on the list of low-performing schools, and she is relying on the staff overseeing innovation schools to track its progress.

“When we have partners … their purpose is to improve student achievement, and (if) that doesn’t happen, then yes, we will absolutely intervene in those schools,” she said. “We are going to be looking for accountability.”