State labor board agrees to appoint mediator in evaluation talks

The state’s labor relations board has heeded a teachers union request to appoint a mediator to broker a compromise on teacher evaluations at 33 struggling schools.

City officials say will contest the decision, which could undermine the Department of Education’s chief justification for pursuing a reform strategy at the schools that would require many teachers to be displaced.

The ruling by the Public Employees Relations Board is a response to a request for mediation filed by the United Federation of Teachers in January. That request came a day after Mayor Bloomberg said that he would circumvent a collective bargaining requirement at the schools, which had been receiving federal funds to help them improve.

Because the city and union had not been able to agree on new teacher evaluations at the schools by a Dec. 31 deadline, Bloomberg announced that the city would switch the schools from the “transformation” and “restart” reform processes, which require new evaluations, to “turnaround,” which does not. Chancellor Dennis Walcott argued at the time that the switch made PERB’s intervention moot because the board has authority only in collective bargaining matters, and turnaround does not require collective bargaining.

But the city has not formally asked the state for permission to assign the schools to turnaround or withdrawn its application, submitted last summer, for funding for transformation and restart. PERB’s director of conciliation, Richard Curreri, said those facts led him to conclude that the city is still bound by its 2011 agreement to negotiate new teacher evaluations at the 33 schools.

In a letter explaining his decision to Walcott and UFT President Michael Mulgrew, Curreri says he would appoint a mediator to help broker a compromise.

But the city won’t return to the bargaining table without a fight. “We strongly disagree with this decision and will take all appropriate legal action to have it reversed,” Matthew Mittenthal, a Department of Education spokesman, said in a statement.

The ruling carries high stakes for both parties. The union wants to avoid turnaround’s requirement that schools replace half of their teachers. The city, on the other hand, is committed to carrying out the turnaround plans, with or without federal funds, in part because Bloomberg believes that turnaround would be speedier than tougher evaluations at moving weak teachers out of the classroom.

A deal on evaluations at the 33 schools would remove the city’s chief justification for turnaround. And a deal would seem to be more in reach than in January, when the city and union were seemingly irreconcilably divided on how to handle appeals of teachers who receive low ratings under a new evaluation system. Since then, Gov. Andrew Cuomo pushed the city and union to agree on an appeals process, meaning that there is no longer an obvious obstacle to new evaluations and less disruptive overhaul strategies for the schools.

It would be very difficult for the city to execute new evaluations in the 33 schools this semester, a requirement for receiving the federal funds. Had a deal been reached in December, the schools would have issued assessments this semester to generate the 40 percent of teachers’ ratings that must be based on student performance. When the talks fell apart, so did that plan.

Curreri’s letter suggests that one way for the department to avoid resuming evaluation talks for the 33 schools would be to submit applications for turnaround at the schools. Mittenthal said again today the department planned to do so but did not set a timeline.

Originally, department officials had set an early-February deadline to submit the turnaround applications to the state, but it did not meet that deadline. Lately, officials have been indicating that they would wait until the planning process is farther underway at the schools before formally notifying the state of the plans.

Curreri’s letter, in which he says the decision required him to parse a “seemingly arcane issue,” is below.

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Sayonara, SESIS: New York City to scrap its beleaguered special education data system

PHOTO: Patrick Wall/Chalkbeat

New York City is scrapping a special education data system that has frustrated educators since it launched nearly a decade ago.

The troubles of SESIS, as the city’s Special Education Student Information System is called, are well known. Since its launch in 2011, the system — which required over $130 million to build — cost the city tens of millions of dollars in settlements, at times malfunctioned more than 800,000 times a day, and made it difficult to track whether students with disabilities are getting the services they need.

Education department officials said they have been able to “stabilize” the system in recent years. But they also have concluded that an entirely different system is needed. On Friday, they announced that they would phase SESIS out and replace it with something new — at a cost and on a timeline that is not yet clear.

The announcement comes on the eve of a City Council hearing set for Monday where council members say they will press for more transparency about special education.

“It was originally designed as a document management system,” Lauren Siciliano, the education department’s Deputy Chief Operating Officer, said about SESIS. “Think more of a filing cabinet right now as opposed to being able to follow a student through the process.”

Special education teachers often spent hours navigating a maze of drop-down menus — inputting data such as whether they met with a student and for how long — only to experience error messages that erased their answers.

Megan Moskop, a former special education teacher at M.S. 324 in Washington Heights, said she once encountered 41 error messages in two hours. What’s more, she said, the system didn’t reflect the experiences she had with her students.

“At the end of the day, I would be expected to go in, mark that they are present, mark whether they made progress toward a goal,” Moskop said. “It’s very standardized.”

It is not yet clear how quickly the education department will phase SESIS out. Officials said the city would begin a multistage process of identifying a vendor to create a new system by the end of March, then would ask for more detailed plans by the end of 2019. An official purchasing process would happen after that, Siciliano said, meaning that construction of  a new system will not begin for well over a year. Families and educators would be consulted throughout, officials said.

Linda Chen, the department’s chief academic officer, said a new system would lead to tangible improvements for students with disabilities.

“I do think that if we have clear and reliable visibility into the data it would absolutely allow us to better serve our students,” Chen said.

Flaws with SESIS have made it difficult to know how well the city is serving students with disabilities. Because the system was not set up to communicate with other city databases, city officials have had to manually tabulate data across systems. And the annual reports that show whether students are receiving required services may not be accurate because of the system’s flaws, officials have warned.

The system’s glitches also made the user experience so cumbersome that teachers had to spend time on nights and weekends entering data. An arbitrator eventually ordered the city to pay over $38 million in teacher overtime.

Additionally, the system has sparked legal action. Former Public Advocate Letitia James filed a lawsuit claiming that SESIS was to blame for some children not receiving services as well as lost Medicaid payments. Between 2012 and 2015, according to the IBO, the city collected $373 million less in Medicaid reimbursements than officials projected.

Some advocates said that given SESIS’s troubled history, it makes sense to find alternatives.

“There has to be a strong data system in place,” said Maggie Moroff, a disability policy expert at Advocates for Children, a nonprofit advocacy organization. “We are eager to see a better system to be put in place, but are really worried about that transition period.”

Advocates have also pushed the city to make the data SESIS tracks directly available to parents.

“We will absolutely be looking at that,” Siciliano said.

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Charter schools racing to find new buildings as district ends their leases

PHOTO: Koby Levin
Escuela Avancemos will move to a new building.

At least two Detroit charter schools are racing against the clock to find new buildings for more than 500 students next fall after the city district decided not to renew their leases.

It’s the latest move in an ongoing effort by the Detroit Public Schools Community District to get out of the charter business, and it means another bout of uncertainty for schools that enroll hundreds of children in Detroit.

Leaders of GEE-Edmonson Academy and GEE-White Academy face the daunting challenge of finding new buildings before the start of the next school year. Another school, Escuela Avancemos, already found a new building. More schools, including Rutherford Winans Academy, have leases that expire this year, but their representatives did not return requests for comment on whether their lease was renewed.

Most students at the two schools run by Global Educational Excellence (GEE) walk every day, Superintendent Michael Conran said. If a new building can’t be found in those neighborhoods, the school’s would face new transportation challenges, casting doubt on their ability to maintain their enrollment.

“We were clearly not anticipating that the leases would not be renewed,” Conran said. “That news came pretty late, I believe it was after the New Year. That’s quite a notification to the boards in such a short period of time.”

The challenges for these schools don’t end there. The district could also decline to renew their charters for the GEE schools when they expire in June, potentially forcing them to find new backers as well as new buildings.

More than one charter school has already jumped ship. Escuela Avancemos, a small school in southwest Detroit, will begin the coming year in a new building and with a new authorizer, Central Michigan University. Officials had begun searching for a new building even before they were notified last month that their lease would not be renewed.

“For the protection of our school, we’ve had to take matters into our own hands to guarantee our future,” said Sean Townsin, principal at Escuela Avancemos.

Superintendent Nikolai Vitti made clear soon after he took the helm of the district in 2017 that he believed the district’s resources should be channeled toward its own students, not toward charter schools.

He reiterated that position last year when the district severed its ties with a three-school network of charter schools, forcing it to scramble to find new buildings and a new charter. Parents were forced to choose between an extraordinarily long commute to the new site and making an unwanted switch to another school. Enrollment was cut in half.

Supporters of the move pointed out at the time that those schools had been district schools until they were spun off by state-appointed emergency managers. In a city with lots of school options and few quality schools, they argued, some consolidation is necessary.

Most charters in Detroit are overseen by Michigan’s public universities, but 10 schools are supervised by the Detroit district.

A handful of those schools also rent their school buildings from the district, putting them in a particularly vulnerable position should the district decide that it would rather not support charter schools — its chief competitors for students and state funding.

In a statement about those schools, Chrystal Wilson, a spokeswoman for the district, said the the charter schools could eventually be replaced with district schools.

“Now that we have the leadership to rebuild the district, we need to review and maximize our property assets. This means possibly re-using currently leased schools for new DPSCD schools, replacing older buildings with high repair costs, or adding a school in an area where facility usage and class sizes are high where another traditional public school does not exist. We understand and accept if district charters are leaving for other authorizers.”

No matter the district’s plans, Conran said the Global Educational Excellence schools would continue trying to serve students.

But he asked for transparency from the district and time to plan.

“I’m just simply waiting to hear from DPS any decisions they anticipate making in as timely a manner as we need to make sure we can continue to support these students and their families,” he said.