breaking news

Parents, Weingarten sue DOE, Klein over charter school siting

Parents and a slew of community leaders filed a lawsuit today against the Department of Education, demanding that the department reverse its decision to shutter three struggling elementary schools and replace them with charter schools. The parents say the decisions violated state law, because they happened without any consultation of the elected parent councils that have replaced community school boards.

Randi Weingarten, the president of the teachers union; Betsy Gotbaum, the city’s public advocate, and a slew of parents of children at the schools are among the plaintiffs to the suit, which personally singles out Chancellor Joel Klein as a defendant. (Read the full suit here, in PDF form.)

Suing Klein and his department is a dramatic escalation of the ongoing saga over the city’s decision this year to shut down three elementary schools — two in Harlem and one in the Brownsville section of Brooklyn — and fill their buildings with charter schools instead. Charter schools are publicly funded, but operate outside of the regular district bureaucracy, meaning they usually lack teachers unions and can only serve a limited number of students.

A central complaint in the lawsuit is that the changes would leave families in the schools’ neighborhoods with no zoned elementary school dedicated to educating them. Instead, the families could either go to a traditional public school in another neighborhood or they could enter the lottery that determines charter school admissions. The charter schools being installed in their old school building would give them preference in the lottery.

The lawsuit, written jointly by the United Federation of Teachers and the New York Civil Liberties Union, says the city’s decision “disenfranchises” families. It also accuses the city of violating state law by leaving a neighborhood without a zoned school without the approval of elected parent boards called Community Education Councils, or CEC’s. CEC’s are legally required to approve any change in school zones.

The city Department of Education had no comment today. A spokeswoman for the city’s law department, Elizabeth Thomas, said in a statement, “We have not yet received the legal papers. We will review them thoroughly upon receipt.”

In the past, the DOE has defended its decisions as the best way to serve children in Harlem and Brownsville. Just before the lawsuit became public, I spoke to John White, the city’s chief portfolio officer, about the three schools: P.S. 194 and P.S. 241 in Harlem and P.S. 150 in Brownsville, Brooklyn.

White argued that school officials and the chancellor have an obligation to provide students with the best quality school they can find. He pointed out that while at P.S. 194, for instance, the most recent test scores show that about 60% of students cannot read on grade level, every charter school in the same district, District 5, that received a city report card last year got an A.

The charter school tentatively slated to enter P.S. 194, Harlem Success Academy 2, has not yet had students take state tests, and does not yet have a progress report. But city school officials point out that the school network is massively popular: Last year, 6,000 students applied for 500 seats at Harlem Success.

“The overwhelming evidence in New York City is that charter schools en mass are performing as well as or better than the larger set of our schools that have the same populations or the same challenges,” White said. “That’s just not something that we can disregard.”

Parents filing the lawsuit counter that what they deserve is to be included in the process of school improvement. “It’s not that we’re not aware of what things need to be improved,” said a parent leader at P.S. 194, Ta-Tanisha Rice. “But you didn’t even ask us as parents! You didn’t even ask the students themselves.”

Rice said she only learned that P.S. 194 was being shut down in a meeting in December, where White and the city’s chief parent engagement officer, Martine Guerrier, asked parents not whether they wanted the school to be shut down, but what kind of a school they wanted to create in its place. “You’re not considering our goals, you’re not considering our ideals for our students!” Rice said she told White and Guerrier that day.

call out

Our readers had a lot to say in 2017. Make your voice heard in 2018.

PHOTO: Chris Hill/Whitney Achievement School
Teacher Carl Schneider walks children home in 2015 as part of the after-school walking program at Whitney Achievement Elementary School in Memphis. This photograph went viral and inspired a First Person reflection from Schneider in 2017.

Last year, some of our most popular pieces came from readers who told their stories in a series that we call First Person.

For instance, Carl Schneider wrote about the 2015 viral photograph that showed him walking his students home from school in a low-income neighborhood of Memphis. His perspective on what got lost in the shuffle continues to draw thousands of readers.

First Person is also a platform to influence policy. Recent high school graduate Anisah Karim described the pressure she felt to apply to 100 colleges in the quest for millions of dollars in scholarships. Because of her piece, the school board in Memphis is reviewing the so-called “million-dollar scholar” culture at some high schools.

Do you have a story to tell or a point to make? In 2018, we want to give an even greater voice to students, parents, teachers, administrators, advocates and others who are trying to improve public education in Tennessee. We’re looking for essays of 500 to 750 words grounded in personal experience.

Whether your piece is finished or you just have an idea to discuss, drop a line to Community Editor Caroline Bauman at

But first, check out these top First Person pieces from Tennesseans in 2017:

My high school told me to apply to 100 colleges — and I almost lost myself in the process

“A counselor never tried to determine what the absolute best school for me would be. I wasted a lot of time, money and resources trying to figure that out. And I almost lost myself in the process.” —Anisah Karim     

Why I’m not anxious about where my kids go to school — but do worry about the segregation that surrounds us

“In fact, it will be a good thing for my boys to learn alongside children who are different from them in many ways — that is one advantage they will have that I did not, attending parochial schools in a lily-white suburb.” —Mary Jo Cramb

I covered Tennessee’s ed beat for Chalkbeat. Here’s what I learned.

“Apathy is often cited as a major problem facing education. That’s not the case in Tennessee.” —Grace Tatter

I went viral for walking my students home from school in Memphis. Here’s what got lost in the shuffle.

“When #blacklivesmatter is a controversial statement; when our black male students have a one in three chance of facing jail time; when kids in Memphis raised in the bottom fifth of the socioeconomic bracket have a 2.6 percent chance of climbing to the top fifth — our walking students home does not fix that, either.” —Carl Schneider

I think traditional public schools are the backbone of democracy. My child attends a charter school. Let’s talk.

“It was a complicated choice to make. The dialogue around school choice in Nashville, though, doesn’t often include much nuance — or many voices of parents like me.” —Aidan Hoyal

I grew up near Charlottesville and got a misleading education about Civil War history. Students deserve better.

“In my classroom discussions, the impetus for the Civil War was resigned to a debate over the balance of power between federal and state governments. Slavery was taught as a footnote to the cause of the war.” —Laura Faith Kebede

Weekend Reads

Need classroom decor inspiration? These educators have got you covered.

This school year, students will spend about 1,000 hours in school —making their classrooms a huge part of their learning experience.

We’re recognizing educators who’ve poured on the pizazz to make students feel welcome. From a 9th-grade “forensics lab” decked out in caution tape to a classroom stage complete with lights to get first graders pumped about public speaking, these crafty teachers have gone above and beyond to create great spaces.

Got a classroom of your own to show off? Know someone that should be on this list? Let us know!

Jaclyn Flores, First Grade Dual Language, Rochester, New York
“Having a classroom that is bright, cheerful, organized and inviting allows my students to feel pride in their classroom as well as feel welcome. My students look forward to standing on the stage to share or sitting on special chairs to dive into their learning. This space is a safe place for my students and we take pride in what it has become.”

Jasmine, Pre-K, Las Vegas, Nevada
“My classroom environment helps my students because providing calming colors and a home-like space makes them feel more comfortable in the classroom and ready to learn as first-time students!”


Oneika Osborne, 10th Grade Reading, Miami Southridge Senior High School, Miami, Florida
“My classroom environment invites all of my students to constantly be in a state of celebration and self-empowerment at all points of the learning process. With inspirational quotes, culturally relevant images, and an explosion of color, my classroom sets the tone for the day every single day as soon as we walk in. It is one of optimism, power, and of course glitter.”

Kristen Poindexter, Kindergarten, Spring Mill Elementary School, Indianapolis, Indiana
“I try very hard to make my classroom a place where memorable experiences happen. I use songs, finger plays, movement, and interactive activities to help cement concepts in their minds. It makes my teacher heart so happy when past students walk by my classroom and start their sentence with, “Remember when we…?”. We recently transformed our classroom into a Mad Science Lab where we investigated more about our 5 Senses.”


Brittany, 9th Grade Biology, Dallas, Texas
“I love my classroom environment because I teach Biology, it’s easy to relate every topic back to Forensics and real-life investigations! Mystery always gets the students going!”


Ms. Heaton, First Grade, Westampton, New Jersey
“As an educator, it is my goal to create a classroom environment that is positive and welcoming for students. I wanted to create a learning environment where students feel comfortable and in return stimulates student learning. A classroom is a second home for students so I wanted to ensure that the space was bright, friendly, and organized for the students to be able to use each and every day.”

D’Essence Grant, 8th Grade ELA, KIPP Houston, Houston, Texas
“Intentionally decorating my classroom was my first act of showing my students I care about them. I pride myself on building relationships with my students and them knowing I care about them inside and outside of the classroom. Taking the time to make the classroom meaningful and creative as well building a safe place for our community helps establish an effective classroom setting.”


Jayme Wiertzema, Elementary Art, Worthington, Minnesota
“I’m looking forward to having a CLASSROOM this year. The past two years I have taught from a cart and this year my amazing school district allowed me to have a classroom in our school that is busting at the seams! I’m so excited to use my classroom environment to inspire creativity in my students, get to know them and learn from their amazing imaginations in art class!”


Melissa Vecchio, 4th Grade, Queens, New York
“Since so much of a student’s time is spent inside their classroom, the environment should be neat, organized, easy to move around in but most of all positive. I love to use a theme to reinforce great behavior. I always give the students a choice in helping to design bulletin boards and desk arrangements. When they are involved they take pride in the classroom, and enjoy being there.”