Going to court

Detroit school board readies for legal fight to stop school closings

PHOTO: Alan Petersime
Detroit's new school board is gearing up to fight state-mandated school closings

Detroit’s new school board isn’t planning on letting state officials shut down city schools without a fight.

Even as the state School Reform Office is still conducting the 30-45 day review that will determine which of the 38 struggling Michigan schools identified for closure will ultimately be forced to close their doors, the Detroit school board is holding a special meeting tonight to consider legal action.

An agenda for the meeting, which is scheduled for 5 p.m. at the Fisher Building, shows the board plans to “vote around litigation.”

Of the 38 schools on the closure list, 25 are in the city of Detroit, including 16 that are part of the Detroit Public Schools Community District. Also on the list are eight schools that are part of the state-run Education Achievement Authority, which will revert back to the main Detroit district this summer. All of the schools were put on the list because they have been in the bottom 5 percent of state rankings for three or more years.

The board took over the district last month after years of control by state-appointed emergency managers.

Board members say Detroit schools should get a fresh start — and not face penalties for decisions made when the state ran the district.

“The schools in question absolutely have to improve their performance and achievement level. There’s no debate about that,” said Sonya Mays, who is the new board’s treasurer. “This is all centered around the process and this question of ‘Does the district actually have a clean financial and operational start to control its own destiny?’”

State officials last summer created the Detroit Public Schools Community District as a new district that would not have the massive debts that hobbled the predecessor district, the Detroit Public Schools. The new district absorbed all of the old district’s schools and staff but is officially a new legal entity.

That’s expected to be one of the arguments the board will make when it files suit to stop closures. While the state is required by law to close all schools in the city of Detroit that have been in the bottom 5 percent of state rankings for three years, a legal opinion obtained by the district last summer asserted that creating the new district restarted the clock.

Attorney General Bill Schuette issued a different finding in September. He asserted that the law does require the state to close the low-performing Detroit schools regardless of their status in a new district.

As a state agency, the School Reform Office was required to follow Schuette’s opinion, said Steven Rhodes, the former federal bankruptcy judge who was leading the Detroit district last year when it first sought legal guidance on the issue.

But that doesn’t mean Schuette’s opinion will win in court, Rhodes said: “In a court of law, the attorney general’s opinion is entitled to no particular weight or deference. The judge is going to determine what the law is.”

At a meeting last month, Mays said she made a motion to ask the district’s general counsel to write a legal opinion mapping out the board’s options.

She said she expected the board to review that opinion tonight. The board could vote tonight to formally take legal action.

Rhodes predicted that if the board does file suit, it will prevail.

“I think that a court looking at this will rule in the same way that Miller Canfield gave its opinion and so I think the result of the litigation will be that the (School Reform Office) cannot close any Detroit schools for three years.”

The legal memorandum from the Miller Canfield law firm that could be the basis of a lawsuit can be read here:

https://www.documentcloud.org/documents/3457003-Miller-Canfield.html

Struggling Detroit schools

Scores of Detroit schools are empty eyesores. Here’s why it’s so hard to bring them back to life.

PHOTO: Anna Clark
Blackboards in the former Anna M. Joyce Elementary School still hold memories. The school closed in 2009.

The school building that Detroit Prep founder Kyle Smitley is trying — and struggling — to buy for her charter school is far from the only one sitting empty across the city.

A wave of about 200 school closures since 2000 has pockmarked the city with large, empty, often architecturally significant buildings. Some closed schools were repurposed, most often as charter schools; others were torn down. But most remain vacant, although the exact number is unclear.

Vacant schools can become crime hubs or crumbling dangers. But even if that doesn’t happen, they are disheartening reminders of Detroit’s struggle to prioritize education for its children — at the heart of communities where good schools could make a big difference.

Most residents would like to see the buildings come back to life, if not as schools, as something. But even as developers rework other vacant structures, these school buildings are rarely repurposed.

Understanding why illuminates the complexities facing Detroit’s main school district’s effort to get itself back on track.

For one, school district policies — some of which were created to discourage flipping and the opening of charter schools  —  have made selling these buildings difficult.

Smitley, the co-founder of two charter schools, wants to move Detroit Prep into the former Anna M. Joyce Elementary School by fall 2018. Detroit Prep opened in 2016 in the basement of an Indian Village church and will eventually serve 430 K-8 students.

“We’d like to be part of a positive story for Detroit, and turn a decrepit building back into a school that serves the neighborhood,” Smitley said.

Smitley is preparing to do a $4 million rehab on a building where flaking paint litters the hardwood floors. Lockers gape open. Natural sunlight floods classrooms where instructions from the last day of school are still chalked on the blackboard: “Spelling Test … George Washington Carver Reading – Timed  … Clean Desks … Take Books.”

Landlord Dennis Kefallinos bought the former Joyce school from the public school district in 2014 for $600,000. The general manager of Kefallinos’ company told Chalkbeat that they planned to repurpose it for residential use when the market seemed right, or wait a few more years to re-sell it for a large profit.

But another challenge of repurposing schools is that their complex layouts and their residential locations far from downtown do not easily adapt to other uses. And the market for former school buildings was flooded with closed public and parochial schools in recent years, which further reduced demand.  

Some developers have transformed empty Detroit schools into apartments, luxury condominiums, or a boutique office building. However, these were former Catholic schools, or, in the case of Leland Lofts, sold to a private developer more than 35 years ago. Catholic schools generally have smaller footprints, which are more manageable to renovate, and they do not have the same deed restrictions as more recently closed public schools.

PHOTO: Anna Clark
The former Anna M. Joyce Elementary School in Detroit closed in 2009.

In the case of Joyce school, Smitley’s persistence and the intervention of a mutual friend convinced the Kefallinos company to sell to Detroit Prep. She agreed to buy the building for $750,000, and to pay the district $75,000 on top of the sales price, per a condition in the original deed.

But the status of the sale is uncertain, as she and the district spar over the law and whether the district can halt the sale of the building — which it no longer owns.

On the northwest side of Detroit,  two Detroiters have been trying for years to buy the former Cooley High School to turn it into a community center, as part of the much-lauded Cooley ReUse Project. This summer, it was crowdfunding the last $10,000 it needed to finally become Cooley’s owners.

But on August 31, the project’s social media account announced that “after meeting with Detroit Public Schools Community District’s (DPSCD) new leadership, it has been confirmed that Thomas M. Cooley High School is no longer for sale. We were told that Cooley will be secured and redeveloped by its current owner, DPSCD.”

Donations are being returned to the contributors. In the meantime, the 322,000-square-foot building is vulnerable to theft and vandalism, destabilizing its northwest Detroit neighborhood.

The Cooley and Joyce schools were built when Detroit schools faced a different challenge: capacity. They opened during the fast-moving period between 1910 and 1930 when 180 new schools were built to keep up with growth. In 1966, the district peaked with 299,962 students. Since then, it has shrunk to fewer than 50,000 students.

No matter who owns a closed school building, its revival depends on its security. Failure to secure it results in profound damage by scrappers, criminals, and natural elements. That will either add millions to the cost of rehabilitation or doom it to demolition. It also threatens the neighborhood.

John Grover co-authored a major Loveland report, spending 18 months investigating 200 years of archives about public schools in Detroit, and visiting every school in the city.

Boarding vacant schools with plywood isn’t enough, he learned. As its buildings were continually vandalized, the district escalated security with welded steel doors and cameras, though even these are vulnerable. Securing a building properly costs about $100,000 upfront, and $50,000 per year ever after, according to the Loveland report. In 2007, it cost the district more than $1.5 million a year to maintain empty buildings.

Chris Mihailovich, general manager of Dennis Kefallinos’ company, said that it hasn’t been cheap to own the empty Joyce building. Taxes are high, security is expensive, grass has to be mowed in summer and snow has to be shoveled in winter.

The Joyce school is in better condition than most, which Grover credits to its dense neighborhood. “At least up until a few years ago, a retired cop lived across the street, and he watched the block and would call in if he saw anything,” Grover said.

But he remembered the fate of one elementary school in east Detroit that was in a stable neighborhood when it closed.

“It became like a hotbed for prostitution and drug dealing,” he said. “There were mattresses stacked in the gymnasium. It definitely had a negative impact on the neighborhood. … I can’t imagine people would want to live around that, and those who could get out did.”

 

measuring progress

Fixing Detroit’s schools won’t happen overnight. Here’s what new Superintendent Nikolai Vitti says he can do by next year.

PHOTO: Erin Einhorn
Detroit schools superintendent Nikolai Vitti.

It could be years before Detroiters see significant improvement in their struggling city schools, but Detroit’s new schools boss says there are some very specific ways that he expects to see some progress by next year.

Among them: improvements on test scores, attendance rates, teacher hiring and the amount of money district grads receive in college scholarships.

Those goals are spelled out in the documents that the Detroit school board plans to use to evaluate the new superintendent, Nikolai Vitti.

State law requires districts to evaluate superintendents on both their skills and how students perform on things like annual state exams, but Vitti asserted at a forum last week that his evaluation is “more rigorous than any superintendent in the state.”

The evaluation, he said, spells out “very clear metrics linked to reading proficiency, math proficiency, college readiness, college going, graduation rates, fully staffed status for teachers.”

The Detroit district faces countless problems including some of the nation’s lowest test scores, buildings in poor repair and a reputation so diminished among Detroiters that fewer than half of the city’s children are currently enrolled in the district’s schools.

Since arriving in May, Vitti has promised that he can transform the Detroit schools, but cautions that change won’t happen overnight.

“People have to be patient,” he said at last week’s forum. “We’re going to work with a sense of urgency. We’re working night and day, but this is not going to be rebuilt in a year. It took two decades in my calculation to break one of the best urban school districts in this country … We’re not going to rebuild it in a year.”

To see what Vitti says he can do in a year, read his evaluation targets below. The targets were approved by the Detroit school board last week.