crime and punishment

New York City plans to expand programs to keep students away from the criminal justice system

PHOTO: Monica Disare
Advocates protest school suspension policies.

Two programs meant to limit student involvement with the criminal justice system will be expanded, city officials announced Monday.

This spring, 71 total schools will be allowed to issue warning cards instead of a criminal summons to students 16 and older for disorderly conduct or possessing small amounts of marijuana — expanding on a 37-school pilot program in the Bronx that currently operates under that policy.

Officials are also expanding the School Justice Project, a program that offers free legal help for students who have become tangled in the criminal justice system, along with “know your rights” trainings. Eleven total school campuses will join that program, up from just one, according to the city.

The programs are in keeping with Mayor Bill de Blasio’s push for less punitive approaches to school discipline, including “restorative” justice, and a plan to significantly reduce suspensions for the city’s youngest students.

But some advocates said the new measures are too incremental and unlikely to make a significant dent in the number of students — disproportionately black or Hispanic — who are slapped with criminal offenses at school.

“What the city is proposing to do is really minimal,” said Dawn Yuster, a student justice expert at Advocates for Children. She pointed out that school safety agents — who are posted in schools but employed by the NYPD — still have discretion to issue criminal summonses for what amount to schoolyard fights or minor drug violations, even in schools with the warning card program.

Even doubling the number of schools covered by the policy would only cover a fraction of the city’s high school students, Yuster added. “If they wanted to make a big change, there’s no reason why they couldn’t expand the program to all schools.”

But Dana Kaplan, executive director of youth and strategic initiatives for the Mayor’s Office of Criminal Justice, defended the city’s approach.

She said expanding the warning card and School Justice Project programs is part of the city’s effort at “improving school climate while reducing unnecessary exclusionary measures.”

The warning card approach has had an effect: In the program’s first year, there was a 14 percent decline in summonses for small marijuana possession and disorderly conduct in the pilot schools, Kaplan said.

The city is implementing the program in schools that issue a larger share of summonses, she added, and expanding the program requires training school safety agents and other staff in the building. “We’ll be evaluating the warning card program and looking to how we can continue to increase its impact and scale.”

Other advocates cheered the expansion of those programs. “We are really happy with anything that reduces criminal court contacts for minor misbehavior,” said Johanna Miller, advocacy director for the New York Civil Liberties Union. Though “we would like to see the city dispense with using summonses in schools altogether.”

Also on Monday, the NYPD released new quarterly school safety data for the end of 2016 that show school-based arrests and summonses generally decreased last year. The City Council did not start requiring the NYPD to release these statistics before last year, making historical comparisons difficult. (Quarter three shows large declines because it covers much of the summer break.)

Still, the first six months of data collected last year show 91 percent of school-based arrests, and nearly 93 percent of summonses, were issued to black or Hispanic students (a population that represents nearly 70 percent of the school population). Black and Hispanic students are also much more likely to be handcuffed.

“The decrease in arrests and summonses is an indication the administration is trying to go in the right direction,” wrote Kesi Foster, a coordinator at Urban Youth Collaborative, an organization that promotes student voices in conversations about school discipline. But, he said, the numbers show hundreds of students each quarter are still coming into contact with the criminal justice system for minor violations.

“City Hall can and must do more to keep young people in the classrooms and out of courtrooms.”

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.”