open sesame

Requesting public records from NYC’s education department? Be prepared to wait… 103 days

PHOTO: Patrick Wall
Mayor Bill de Blasio

The education department is among the least responsive agencies in New York City when it comes to public records requests.

Worse than the Mayor’s Office, the Department of Environmental Protection, the Administration for Children’s Services — and far worse than the NYPD. That’s according to an analysis of a year’s worth of open records requests initially gathered by the Village Voice and subsequently provided to Chalkbeat.

In fact, the Department of Education’s 103-day average response time to public records requests under the state’s Freedom of Information Law makes it the least responsive of more than a dozen city agencies. (The NYPD’s 34-day average response time, by contrast, is three times faster.)

Between April 2015 and April 2016, the education department received 1,071 public records requests. Some were either fulfilled or denied in a matter of days, but nearly half the requests they answered took 60 days or longer to be resolved. Seventeen percent dragged on over six months.

Just over 14 percent had not been resolved, despite having been requested at least a year ago.

Public records are a key mechanism for members of the public, including journalists, to look behind the veil of local government. It is important enough that then-Public Advocate Bill de Blasio released a scathing report in 2013 — the year before he became mayor — blasting the city for its scattershot response to records requests (the education department earned a “D” on an A-F scale).

The Voice requested logs that see what’s happened since, and how responsive nearly two dozen city agencies are to public records requests. They reveal, in large part, that Mayor de Blasio did not act on his own critique. The education department was largely left out of the analysis, though: Eleven months after the Voice inquiry, the department had yet to provide statistics on their responses to records requests.

But officials eventually turned the data over, and it shows the education department is the least responsive agency of the 14 that responded to the Voice. The average response time across those agencies was just over 33 days — three times faster than the education department average. Under the state open records law, agencies are expected to respond to most requests within 25 business days. (The fastest city agency was the Taxi and Limousine Commission, with a nearly four-day average response time.)

Bob Freeman, director of the state Committee on Open Government, has been disappointed with the city’s response to open records requests under de Blasio. “My thought was, ‘Gee things are going to get so much better’ and the reverse has occurred,” said Freeman. “His record regarding FOIL is terribly disappointing.”

When a department responds, that doesn’t mean that records were provided. Agencies sometimes deny requests they are legally bound to fulfill, Freeman said, assuming many requesters simply won’t bother to appeal or fight the city in court. (The education department has faced multiple lawsuits in recent years for “a pattern and practice” of failing to disclose public records.)

Education department spokesman Michael Aciman defended his agency’s response to public records, arguing that it is in compliance with the law and that nearly 86 percent of all requests were closed within one year.

“The DOE employs multiple, complex data systems, and houses hard copy records in over 1,500 schools and dozens of other facilities,” he wrote in an email. “In an agency as large as the [education department], locating, collecting and reviewing records responsive to FOIL requests can pose challenges.”

The number of requests jumped 35 percent between 2013 and 2015, Aciman added, and the city has expanded the office that handles those requests to seven full-time employees up from four in 2014.

But five other agencies received far more requests — and responded more quickly than the Department of Education. The Department of Environmental Protection, for instance, received 14,797 open records requests — nearly 14 times as many as the education department — yet responded 45 days faster on average.

Freeman, of the Committee on Open Government, acknowledged that some requests may be complex and require time to track down, but said that wouldn’t explain an overall pattern of non-responsiveness.

“There’s often no particularly good reason for delaying disclosure,” he said. “Why should it take so long?”

New role

Principal Donna Taylor retiring from Brooklyn School of Inquiry, moving to DOE

PHOTO: Christina Veiga
Kindergarten students at Brooklyn School of Inquiry

Brooklyn School of Inquiry Principal Donna Taylor announced this week she is stepping down from her position next month.

Taylor, who has been with the Bensonhurst school since it opened in 2009, will take a position with the Department of Education, where she will support principals implementing progressive education and gifted and talented programs — two focuses of BSI. The school, which runs from kindergarten to eighth grade, is one of five gifted and talented schools open to children citywide.

“BSI was created by a team who believes that students need an inquiry-based, arts-infused curriculum, steeped in technology, where everyone is encouraged to think critically,” Taylor said in a statement. “We came together down here in Bensonhurst to grow our practice and build capacity. I am proud of the work I’ve done together with the school’s community to build and grow BSI.”

Her announcement comes the same week that BSI graduated its first cohort of eighth-graders. Moving forward, Taylor is working with other school staff and her superintendent, Karina Constantino, to ensure a smooth transition. A new principal has not yet been named.

BSI is the only citywide gifted school that participates in the city’s Diversity in Admissions program. The admissions pilot allows principals to set aside a percentage of seats for students who are low-income, English learners or meet other criteria. In the case of BSI, the school set aside 40 percent of its available kindergarten seats for low-income students.

While it met that target in its admissions offers this year, it had few open seats because siblings of current BSI students get priority. That meant that only 20 slots were reserved for low-income students.

It will be up to Taylor’s successor, alongside city officials, to decide where to take the pilot program next.

“We have no way of knowing what the new leadership will do or who they will be or what their position will be on the program,” said Sara Mogulescu, the parent of two children currently studying at BSI. “But I know there is a very strong core of commitment to that pilot and to continue to strengthen our community in all kinds of ways, regardless of whether Donna is the principal.”

Despite her many accomplishments, Taylor’s eight years at the helm of BSI were not without controversy. In 2014, Taylor made headlines for a comment she made at an open-house meeting at BSI. She remarked to prospective parents, “If you don’t speak Spanish, you’re going to clean your own house.” Taylor subsequently apologized.

Mogulescu said Taylor had built a solid foundation at BSI, and she and other parents were confident about the school’s future — and Taylor’s.

“As much as we are all sad to see her go,” she said, “I think the parents take solace in the fact that she is going to be spreading her wisdom and experience to other schools.”

planning ahead

Big assignment for group of Colorado education leaders: rethink the state’s education priorities

File photo of student at Marrama Elementary School in northeast Denver. (The Denver Post)

A newly constituted group of educators, lawmakers and state officials led by Lt. Gov. Donna Lynne will be charged with creating a sweeping new strategic plan for education in Colorado.

Democratic Gov. John Hickenlooper signed an executive order this week giving that task to a reconstituted Education Leadership Council, which formed in 2011 but has become inactive.

The new-look council will identify statewide priorities for how to better educate the state’s children so they can contribute to Colorado’s workforce, according to the order.

In an interview Thursday with Chalkbeat, Lynne said she expects the plan to include recommendations for how the governor’s office, relevant state departments, the legislature or others can work toward the state’s goals.

The group will begin meeting in August and will spend its first year setting priorities. It is supposed to give recommendations for possible legislation by 2018 or 2019.

Lynne said various state departments and groups already work on initiatives tied to education, but “we don’t have a place where we weave it all together.”

For example, Lynne said, the group could examine whether certain districts still need help getting access to the internet, whether students are being introduced to STEM careers early enough and whether graduates are prepared for the workforce.

Having a strategic plan and clear goals for what schools should be accomplishing could also give officials a better chance of changing school finance, Lynne said, if the group determines that is needed. Reports routinely rank Colorado near the bottom in per pupil funding among states.

“I think it’s hard when people want to talk about changing school finance or they want to address things like compensation for teachers, if you don’t have the core foundation of what do we want to achieve and how do we get there,” Lynne said.

Bipartisan legislation introduced this spring would have created a group with similar goals, but Republicans killed the so-called “vision” bill. Critics said the bill would have created more state bureaucracy and potentially conflicted with school districts’ strategic plans, and called it a ploy to ultimately ask taxpayers for more money.

Lynne said the group commissioned by the governor — which will have as many as 25 members — will include a diverse group of people representing different interests across the state to ensure local districts have a say in the statewide work. It will include directors from five state departments, a superintendent, a school board member, a teacher and a principal.

The original Education Leadership Council was commissioned in 2011 by a Hickenlooper executive order. Recently the group stopped meeting. Members’ terms had expired, and excitement had decreased after the 2013 defeat of Amendment 66, which would have raised taxes for schools. The council helped push for the measure.

When Lynne succeeded Joe Garcia as lieutenant governor, she said she knew she wanted to revive the group.

Her office started planning to regroup the Education Leadership Council in late 2016 before the legislature considered the same work, but she said she paused while legislators considered their bill. When that effort failed, Lynne said her office got back to organizing the council.

The group, Lynne said, will work under a shorter timeline than the one outlined in the failed bill.

Rep. Bob Rankin, a Carbondale Republican who sponsored the “vision” bill, said the council is the right avenue for this kind of work.

“The legislature is not suited for long-term strategic thinking,” Rankin said. “It’s more about shorter-term action. This is a better way to do it — with our involvement.”

Sponsors of the vision bill, including Rankin, will be part of the leadership council.

Here is a copy of the executive order:



EO Education (Text)