CSI New York

Will you close my school? Transfer school staff, parents and students worry about the new federal education law

PHOTO: Alex Zimmerman
A class at Brooklyn Frontiers High School

Jamie Hawkins marched to the front of a Brooklyn auditorium Tuesday night holding two pieces of paper.

One had information from her son’s Individualized Education Program, which showed that when he entered high school, he read at a second-grade level and did math at a sixth-grade level. The other, she said proudly, proved he graduated from high school.

The reason her son finished school is he attended Brooklyn Frontiers High School, she said, one of several schools in New York City designed specifically for students who have fallen behind.

“He got the skills that he needed,” she explained after her testimony. When asked if he would have graduated without Brooklyn Frontiers she said, “No. Absolutely not.”

Students, teachers and parents from the city’s transfer high schools — which serve students who are over-age and under-credited — crowded into the Prospect Heights Educational Campus on Tuesday for a hearing on the Every Student Succeeds Act, which they fear will treat their schools unfairly.

These schools present a conundrum for state officials. The new law requires that schools with graduation rates under 67 percent are targeted for improvement. But for transfer schools, many people testified at the hearing, that is often an unrealistic standard.

“The language of this legislation, the ESSA legislation, puts our schools in grave danger,” said Rachel Forsyth, director of partnership schools at Good Shepherd Services, a nonprofit that works in multiple transfer schools.

So what will happen to transfer schools under New York’s draft ESSA plan? Are they really in danger? Here’s what we found out:

What does the plan currently say?

The state’s draft plan does not separate the way it evaluates transfer schools from how it judges traditional high schools — but it does gives all high schools some wiggle room.

Instead of using on-time (four-year) graduation rates, the state allows six-year graduation rates in its draft plan. That might not be enough for transfer schools, though. The average six-year graduation rate for transfer schools is 46.7 percent.

If a school does not meet a six-year graduation rate of 67 percent, it will be identified as a school that needs improvement.

Can the state make an exception for transfer schools under the law?

The state says all high schools have to reach a 67 percent graduation rate. Based on information the state’s education department has received from the U.S. Department of Education, there is no exemption for transfer high schools, state officials said.

But advocates say the law offers more leeway. Under the regulations approved by former U.S. Education Secretary John King, schools that serve special populations — such as alternative schools — were permitted to use different metrics than traditional high schools.

Those regulations have been undone by Congress, but the fact that they existed before shows the law allows that flexibility, said Ian Rosenblum, executive director of EdTrust-NY.

“We believe that the state can and should propose a different methodology for identifying specialized schools, such as transfer schools,” Rosenblum said.

What will happen if transfer schools are identified for improvement?

At one point during the hearing, a transfer school advocate gestured to the crowd and declared that if this plan moves forward, all the transfer schools represented in the room would soon cease to exist.

That is very unlikely to come to pass. Even if a school is identified as needing improvement, it would probably be several years before it could face any serious consequences under the new law, according to the state’s draft.

If a school is identified for Comprehensive School Improvement (CSI), it has three years to receive extra support and to implement an improvement plan. Then, it could be put into the state’s receivership program, which means it would likely have another two years to demonstrate improvement. If it does not demonstrate enough improvement, it risks being taken over by an outside receiver.

The state has already proven itself lenient in forcing an independent receiver on schools. So far, only one school in New York state has been threatened with takeover. According to state officials, once schools are in receivership, the state education commissioner has some flexibility in tracking their progress and determining whether schools should still be deemed struggling.

Still, any threat looms large for transfer schools, whose advocates say even if the worst-case scenario never plays out, they are still being rated by unfair metrics.

“We’re already working with kids who have been told repeatedly they are failures. Now we’re looking at a system where 90 percent of the [transfer] schools in the city will be looked at as failing schools,” Forsyth said. “I don’t think it’s really understanding the population we’re working with.”

State officials said they are aware of these concerns and will work to come up with a solution.

an almost-deal

Albany deal appears close after Assembly passes two-year extension of mayoral control

Assembly Speaker Carl Heastie at a 2015 press conference with Democratic colleagues

After weeks of haggling by state lawmakers — and a day spent huddling behind closed doors — the stage is set for a possible two-year extension of Mayor Bill de Blasio’s control of city schools.

The Assembly passed a bill in the wee hours of Thursday morning that outlines both the extension and a number of other provisions, including the reauthorization of local taxes and the renaming of the Tappan Zee Bridge for the late Governor Mario Cuomo. Notably, it does not include sweeteners for the charter school sector, which Assembly Speaker Carl Heastie has forcefully opposed.

The state Senate is expected to return for a vote Thursday afternoon, though it is not yet clear if a deal has been reached. Scott Reif, a spokesman for Senate Majority Leader John Flanagan, did not confirm a final agreement, but told reporters Wednesday night that negotiations were “moving in the right direction.”

According to Politico, the text of the bill was released just before 11:30 p.m. and passed the Assembly around 1 a.m., by a vote of 115-15.

The bill was passed in an “extraordinary session” called by Governor Andrew Cuomo this week after lawmakers failed to reach a deal during the regular legislative session, which ended last Wednesday. Mayoral control is set to expire Friday at midnight, an imminent deadline that’s led to a flurry of “what-ifs.”

If the Senate approves the deal, it would be a victory for Mayor Bill de Blasio, who has repeatedly sought multi-year extensions but been granted only one-year reprieves. It would also allay the fears of education experts on both sides of the political aisle, who have spoken out on the need to retain mayoral control rather than returning to a decentralized system run by 32 community school boards.

Losing mayoral control “would be devastating,” wrote schools Chancellor Carmen Fariña in a June 19 op-ed. “If Albany lets mayoral control lapse, there will be no one accountable for progress.”

But not everyone was pleased with the way things have gone down this week. “Today’s extraordinary session produced nothing to celebrate,” wrote Assembly Minority Leader Brian Kolb in a statement released after the vote. “There is no victory in completing work that should have been done weeks ago. No one deserves applause for passing bills in the middle of the night out of public view.”

'a bit stuck'

Impasse declared in Denver teacher contract negotiations, prompting criticism from union

PHOTO: Marissa Page
Teachers watch a bargaining session between Denver Public Schools and the Denver teachers union on June 22.

For the first time in recent history, Denver Public Schools has declared an impasse in ongoing negotiations with the teachers union over a contract governing teacher pay, workload and more.

The declaration means the two sides, which have been bargaining since January, will continue negotiations but with the aid of a mediator. In the past, DPS and the Denver Classroom Teachers Association have mutually agreed to mediation without one side having to call an impasse to trigger it, said DPS deputy general counsel and lead negotiator Michelle Berge.

But this year, the union refused. DCTA wanted to keep negotiations as public as possible and avoid private meetings with mediators, said DCTA deputy executive director Corey Kern.

In 2014, Colorado voters approved a change to state law that requires contract negotiations between school districts and employee groups to be open to the public. The Denver teachers union has been taking advantage of the public sessions, inviting teachers to attend and talk to negotiators about their experiences and how various proposals would affect them.

Union leaders see the impasse as a way to silence that voice. Their belief stems in part from the fact that the district wants to use a mediator from the Federal Mediation and Conciliation Service, which helps resolve collective bargaining disputes free of charge.

Although the bargaining sessions would still be public, the mediator could meet with each side separately in private to help them craft proposals, a spokesman for the service said.

That’s not true public bargaining, Kern said.

He said it’s been DCTA’s experience that “the two parties spend most of the time in two rooms apart and the mediator is shuttling back and forth between those two rooms and talking about issues without the public present.” The two sides’ proposals would be shared publicly, but the public would miss out on hearing the thought processes behind them, Kern said.

Even though the district had requested several times to move to mutually agreed-upon mediation, Kern said DCTA was “blindsided” by the impasse declaration a day after a bargaining session that the union felt was productive.

Berge said the district decided to call an impasse because “a number of challenging issues remain where we’re a bit stuck.” Those issues include how much teachers should be paid, the benefits they receive and how they should be evaluated.

The hope, Berge said, is that a mediator will help the two sides find common ground. The mediator DPS wants to use is someone whom the district and union have worked with before.

“Those of us who are involved, we are deep in on this,” Berge said. “Sometimes we’re emotional. It’s tough stuff. A mediator is an independent person who can step above that.”

The current teachers contract expires Aug. 31. The two sides are scheduled to meet again July 24 at McKinley-Thatcher Elementary School in Denver. There are two bargaining sessions set for late July and five scheduled for early and mid-August.