open sesame

After a defeat in court, New York City is quietly opening school leadership meetings to the public

Public Advocate Letitia James (center) and parent advocate Leonie Haimson (right), seen here in 2013, joined a lawsuit to make school leadership team meetings open to the public.

The city has ordered principals to allow members of the public to attend their school leadership team meetings, ending a multi-year legal battle in which the city tried to restrict access to them.

“Effective immediately, SLTs must allow members of the general public and the press to be admitted to their meetings,” education officials wrote in an email newsletter to principals this week.

The only exceptions to opening the parent-educator teams, the letter states, should be discussions around “certain confidential topics” such as school safety plans, administration of exams, current or future investigations, and litigation.

Under state law, every school must have a leadership team that includes the principal, parent association president, teachers union representative, and an equal number of elected parents and staff members. The teams are charged with creating annual comprehensive education plans, and must be consulted on certain key decisions, including hiring principals and assistant principals, and moving other schools into their buildings.

The city’s announcement to principals comes after an appellate court ruled last month that since the SLTs are part of the education department’s “governance structure,” their deliberations must be public. It was the second time a court ordered the city to open the meetings; in 2015, the city was granted a stay to keep them closed during the appeals process.

On Thursday afternoon, Law Department spokesman Nick Paolucci confirmed the city would not appeal last month’s ruling.

“I’m grateful that the [education department] did finally make the right decision,” said Leonie Haimson, executive director of Class Size Matters, an organization that joined the lawsuit to open SLT meetings, along with the public advocate’s office. “We have said all along that the law is crystal clear on this.”

While Haimson praised the decision to drop the legal battle, she expressed frustration that the city did not make a more public announcement, and pointed out inconsistencies on the city’s website, which still indicates that parents must check their SLT’s bylaws for guidance on whether they are allowed to attend.

The education department did not immediately respond to requests for comment about those concerns. But in their letter to principals, officials wrote that principals will receive training on how to comply with the Open Meetings Law, and public notice of the meetings must be given at least a week beforehand. The media must be notified 72 hours in advance, according to the letter, and meetings should be listed on the school’s website.

“The message has to be wide and loud that these meetings are open to the public,” Haimson said. “We don’t want any ambiguity or confusion on this issue.”

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.”