legal action

Lawsuit over poor conditions in Detroit schools gets its first day in court, as state officials seek to end it

PHOTO: Public Counsel
Attorneys behind a new federal civil rights lawsuit meet with Osborn High School college advisor Andrea Jackson and student Jamarria Hall.

A lawsuit filed nearly a year ago over the conditions in Detroit schools had its first day in court Thursday, but it could be a month before a judge rules whether it can proceed.

The suit, filed in September on behalf of seven Detroit students, argues that Gov. Rick Snyder and state education officials have deprived city students of their right to literacy by not spending adequately on local schools.

The 136-page complaint paints a bleak picture of life in the city’s schools, describing condoms strewn on playgrounds, bathrooms leaking sewage into hallways, students left to grieve without support, and classrooms without qualified teachers. The suit claims that these conditions make learning difficult in Detroit schools — a conclusion that a recent study bears out.

Snyder petitioned in November to have the suit dismissed, arguing that the condition of Detroit’s schools isn’t the state’s fault. The hearing today focused largely on that question, and the judge in the case, Stephen Murphy, said he would rule within 30 days on whether to let the case move forward.

State-appointed emergency managers ran Detroit’s schools directly for six years, until one year ago, and union leaders issued a statement Thursday laying the blame for local schools’ struggles solidly on state officials.

“The state created these poor learning conditions, and now Gov. Rick Snyder and Attorney General Bill Schuette are further abdicating their responsibility to the children of Detroit by moving to dismiss this case,” said the leaders of the Detroit, Michigan, and national chapters of the American Federation of Teachers. “All these children and families are asking for is what we owe all families — great, well-resourced public schools where parents want to send their kids, teachers want to teach, and children are engaged.”

If the case does move forward, it could take years to resolve. School funding equity cases —  currently pending in more than a dozen states, including Tennessee and New Mexico, where arguments ended earlier this month — typically take years to wend their way through the courts.

Detroit schools chief Nikolai Vitti, the first superintendent hired by the new locally elected school board, told Chalkbeat that Michigan does need to spend education dollars differently.

“I don’t think the state has recognized that simply providing equal funding or near-equal funding for all children in the state of Michigan on a per pupil basis does not go deep enough and broad enough to address the issues and challenges that children in Detroit face,” he said. “There is a need for a deeper weighted formula that recognizes [special education] status, [English Language Learner] status and poverty. That would give educators in Detroit more confidence that the state is supporting the children of Detroit differently than those throughout the state.”

But he said he found the lawsuit’s core allegation, that the state had deprived city students of a right to literacy, more complicated. “It’s not the state’s responsibility in and of itself,” Vitti said. “The school district, community partners, teachers, the faith-based community, the business community — everyone has to put shoulder to the wheel when talking about literacy.”

Indiana's 2018 legislative session

Indiana lawmakers OK up to $100 million to address funding shortage for schools

PHOTO: Scott Elliott

Indiana lawmakers agreed to dip into reserves to make up a shortfall to get public schools the money they were promised — and they’re trying to make sure it doesn’t happen again.

Both the House and Senate overwhelmingly voted to approve the final plan in House Bill 1001. The bill now heads to Gov. Eric Holcomb’s desk.

Rep. Tim Brown, a co-author of the bill and chairman of the House Ways & Means Committee, said it was necessary to take the uncommon step and have the state to use reserve funds to make up the gap, but in the next budget year making up that difference will be a priority. Brown said he, other lawmakers, and the Legislative Services Agency will work to make sure projections are more accurate going forward.

“Do procedures need to be changed?” Brown said. “We’re going to be asking those questions” during the next budget cycle.

Estimates on the size of the shortfall have ranged widely this year, beginning around $9 million and growing as new information and student counts came in. Projections from the Legislative Services Agency reported by the Indianapolis Star had the gap at $22 million this year and almost $60 million next year.

The final bill requires the state to transfer money from reserves if public school enrollment is higher than expected, as well as to make up any shortages for students with disabilities or students pursuing career and technical education. The state budget director would have to sign off first. Transfers from reserves are already allowed if more voucher students enroll in private schools than projected, or if state revenue is less than expected.

The budget shortfall, discovered late last year, resulted from miscalculations in how many students were expected to attend public schools over the next two years. Lawmakers proposed two bills to address the shortfall, and the House made it its highest legislative priority. The compromise bill would set aside up to $25 million for this year and up to $75 million next year. The money would be transferred from reserve funds to the state general fund and then distributed to districts.

The bill also takes into account two other programs that lawmakers think could be contributing to underestimated public school enrollment: virtual education programs and kids who repeat kindergarten.

District-based virtual education programs would be required to report to the state by October of each year on virtual program enrollment, total district enrollment, what grades the virtual students are in, where they live, and how much of their day is spent in a virtual learning program. These programs, unlike virtual charter schools, are not separate schools, so it can be hard for state officials and the public to know they even exist.

The report will help lawmakers understand how the programs are growing and how much they might cost, but it won’t include information about whether students in the programs are learning or graduating. Virtual charter schools in the state have typically posted poor academic results, and Holcomb has called for more information and action, though legislative efforts have failed.

Finally, the bill changes how kindergarteners are counted for state funding. The state changed the cut-off age for kindergarten to 5 years old by Aug. 1 — if students are younger than that, they can still enroll, but the district won’t receive state dollars for them. Some districts were allowing 4-year-olds to enroll in kindergarten early, Sen. Ryan Mishler said earlier this month. Then those same students would enroll in kindergarten again the next year.

Despite increases passed last year to boost the total education budget, many school leaders have said they struggle to pay salaries and maintain buildings, which is why funding shortfalls — even small ones — matter. This year’s unexpected shortfall was particularly problematic because districts had already made plans based on the state budget.

Find all of Chalkbeat’s 2018 legislative coverage here.

let the games begin

Assembly pushes for $1.5 billion boost to education spending

PHOTO: Photo by Jonathan Fickies for UFT
UFT President Michael Mulgrew interviews New York State Assembly Speaker Carl Heastie.

In a tight budget year, New York State’s Democratic-led Assembly wants to increase education spending by $1.5 billion, officials announced late Monday night.

The proposed increase  which would bring total education spending to $27.1 billion  is significantly more than the governor’s suggested $769 million increase. Still, the amount is a slightly smaller boost than the Assembly backed last year, which is likely a reflection of a difficult fiscal situation faced by the state this year.

State officials are fighting against a budget deficit, a federal tax plan that could harm New York, and the threat of further federal cuts. The potential lack of funding could be the only sticking point in an otherwise quiet budget year for education matters.

As part of its education agenda, the Assembly backed a number of programs it has in the past. The plan supports the My Brother’s Keeper initiative, which is designed to help boys and young men of color reach their potential, and “community schools,” which act as service hubs that provide healthcare and afterschool programs.

The release of this plan kicks off the final stretch of the state’s budget process. The governor has already outlined his proposals and the Senate will likely follow soon, setting up the state’s annual last-minute haggling.

The budget is due by April 1, but could always be resolved later similar to last year.