Dividing Line

City moves to delete contentious footnote in admissions rules that limits role of race

PHOTO: Patrick Wall
Chancellor Carmen Fariña at a high school this week. She agreed Tuesday to consider removing a contentious footnote from the city's admissions regulations.

The city schools chief paved the way Tuesday for the removal of a contentious footnote in the city’s admissions code, which had been criticized for potentially blocking efforts to create more diverse schools.

In agreeing to begin the process of deleting the footnote, Chancellor Carmen Fariña bowed to pressure from advocates for school integration who argued that the line misinterpreted a Supreme Court ruling on admissions policies. They insisted that the footnote, which forbids the use of race in enrollment decisions except by court order, could deter schools from using perfectly legal methods to enroll a more diverse mix of students.

“My concern is the chilling effect that the footnote has on efforts to increase diversity and reduce segregation across the system,” said Norm Fruchter, a Panel for Educational Policy member who introduced the resolution to remove the line.

The footnote appears to spring from the city’s reading of a 2007 U.S. Supreme Court ruling that struck down two school districts’ admissions policies that factored in race. In an email to an advocate the following year, the city education department’s top lawyer wrote that the “Court’s decision made clear that consideration of the race of individual students in school admissions is unconstitutional.”

But advocates say the footnote is an overly restrictive and inaccurate summary of the ruling. They point to a 2011 memo on the ruling issued by the federal education and justice departments that says districts should first try “race-neutral approaches” to achieve school diversity, which could include considering students’ socioeconomic backgrounds. If those fail, then districts can consider students’ race along with other characteristics, the memo says.

The footnote could even discourage schools from pursuing admissions policies that don’t directly mention race, advocates worried. In the past, city officials have claimed that admissions policies that set aside some seats for low-income students or non-native English speakers amount to a “slippery slope” toward illegal policies, according to advocates. Recently, Fariña said she wanted to make sure that in their attempts to enroll more needy students, schools do not unintentionally “disenfranchise” other students.

The footnote is part of a much larger debate around diversity in New York City’s schools, which a 2014 report found to be among the most segregated in the country. Like his predecessors, Mayor Bill de Blasio has not made school integration a top education priority, dismaying advocates who had hoped his vow to combat inequality would extend to school segregation.

The resolution to remove the footnote was unanimously approved Tuesday by the education panel, an oversight board where the majority of members are appointed by the mayor. Fariña accepted the panel’s recommendation, and now will create a new version of the admissions regulations that omits the footnote. After a public comment period, the panel will vote on and almost certainly approve the new regulations.

Meanwhile, nearly three dozen parent-leaders, educators, and other advocates have signed onto a letter urging the administration to replace the footnote with a line encouraging school districts to adopt policies that “promote diversity and reduce racial segregation.” An education department spokesman said Tuesday that the forthcoming revised regulations would not contain such a line, but that members of the public could suggest changes to the regulations during the comment period.

survey says

More bullying reported at New York City schools, study shows

PHOTO: Anthony Lanzilote

More New York City students say there is bullying in their schools, a report released Monday showed. The findings also revealed that many schools reporting the greatest number of violent incidents on campus have no social workers on staff.

The report was commissioned by New York City Comptroller Scott Stringer.

Stringer also released an audit of how school safety matters are recorded, and concluded that the education department should provide more oversight and streamline incident reporting rules.

“The audit found clear breakdowns in communication in the reporting and tracking of incidents and actions taken,” according to a press release from Stringer’s office.

The education department disputed some of the comptroller’s findings, and in a written statement, spokeswoman Miranda Barbot wrote: “We have detailed protocols in place to ensure allegations of bullying are immediately reported, investigated and addressed, and are investing in both anti-bullying initiatives and mental health supports.”

But the pair of reports raises scrutiny of Mayor Bill de Blasio’s school discipline reforms, which favor  “restorative” practices that emphasize mediation over punishment, and make it harder to suspend students.

Advocates of the de Blasio reforms say the shift is necessary because black and Hispanic students are more likely to be arrested or disciplined at school. Research has shown such disciplinary action can lead to higher dropout rates. Critics of the reforms, meanwhile, say the changes have created more chaotic schools.

The findings are also likely to add to a chorus of parents and elected officials who say more emotional supports are needed for the city’s most vulnerable students. Students who experience a mental health crisis during the school day may be handcuffed and shuttled to hospitals. The city’s latest budget, which was approved last week, includes an additional $2 million to hire social workers and guidance counselors in schools that currently don’t have any.

Here are some highlights from the reports.

More students report there is bullying in their schools — but the data comes with a catch.

Last year, the education department’s annual survey showed that 82 percent of students said their peers “harass, bully, or intimidate others in school.” That’s up year over year, and up significantly from 65 percent of students in 2012, which was the lowest rate recorded since at least 2010. (De Blasio’s discipline reforms started to take effect around 2015.)

A note about these numbers: Prior to 2017, the survey asked whether students harass, bully or intimidate other students none, some, most, or all of the time. The most recent survey responses were slightly different: none of the time, rarely, some of the time, or most of the time — a change that may have artificially inflated the bullying numbers.

That’s enough to render the survey data unreliable said Max Eden, a researcher who has studied school climate for the conservative-leaning Manhattan Institute — a critic of the mayor’s discipline reforms. Still, taken with other findings, it’s reasonable to think that bullying is on the rise at city schools, he said.

Among the other evidence: A first-of-its-kind report, released this month under a new city law, that showed substantiated bullying incidents are on track to increase this year.

Schools that log the most violent incidents often lack mental health supports.

Guidance counselors and social workers are key when it comes to creating safe schools because they can help address the root cause of violent or troublesome behavior, advocates who want more mental health supports say.

But many of the city’s neediest schools go without that help.

Of the schools reporting the most violent incidents on campus, 36 percent lack a full-time social worker, the comptroller found. On campuses where there are social workers, caseloads are a staggering 700 to one. That far exceeds the recommended ratio from the National Association of Social Workers of 250 general education students per social worker — and it’s higher than the citywide average of 612 students per social worker, according to the comptroller.

The comptroller’ compares that to the ratio of New York Police Department school safety agents who are placed in schools: There is one safety agent per 228 students, according to the report.

“Our city is failing to meet the social and emotional needs of our students,” Councilman Mark Treyger, of Brooklyn, who has pushed the city to report more up-to-date bullying data and to hire more school counselors, said in an emailed statement.

Schools may be underreporting violent incidents, something the education department disputes.

In a separate audit, the comptroller compared logs kept by school safety agents to incident reports filed by school leaders. In 21 percent of cases, incidents that were noted by safety agents were not reflected in the school reports.

The school data, in turn, are used to report incidents to the state for its Violent and Disruptive Incident Report, or VADIR. The discrepancy could raise questions about the already-controversial reporting system. (VADIR has been criticized for classifying schoolyard incidents as serious offenses, and the state has tweaked its definitions in response to those kinds of concerns.)

This finding also comes with some caveats. The comptroller looked at only 10 schools — a tiny sample of the city’s portfolio of about 1,800. And the education department took issue with the methodology.

In its response to the audit, education department officials said that the police data doesn’t align with the state’s reporting categories, and that the information may not be comparable because of student privacy concerns and recordkeeping issues on campuses where multiple schools share a building.  

Enrollment 101

Should ‘Newark Enrolls’ be scrapped? A guide to the debate over Newark’s controversial enrollment system

PHOTO: Patrick Wall

Now that Newark’s school board has appointed a new school superintendent, both face a fundamental question that has long roiled the district: How should its 51,000 public-school students enroll in school?

Some in the city want to keep the current system, which folds together admissions for district and charter schools, insisting that it reduces the burdens placed on parents. Others want to overhaul or even abolish the system, arguing that it shuts some students out of their top choices and boosts charter-school enrollment at the expense of district schools. It’s a heated debate that’s now coming to a head.

In the not-so-distant past, enrollment meant walking to your neighborhood school to register, or submitting an application directly to one of the city’s many charter schools. But in 2014, the district adopted a radically different system, first called “One Newark” and now known as “Newark Enrolls,” that allows families to apply to almost any public school in the city — traditional, magnet, or charter — using a single online tool.

Newark was one of the first districts in the country to adopt this type of centralized enrollment system, which was designed to make it easier for families to take advantage of the city’s different school options. But its glitchy rollout sparked an uproar among parents, as charter critics attacked it as a ploy to funnel students into the city’s growing charter sector.

Four years and numerous improvements later, many families have grown used to the system, which uses an algorithm to assign students to schools based partly on their preferences. “If they’re able to select their school, and their child is going to their first choice, then there’s not a problem,” said Stacy Raheem, who as a staffer at Unified Vailsburg Services Organization, a West Ward community organization, helped about 40 parents apply to kindergarten for the fall.

And yet, the enrollment system, which was installed by an unpopular state-appointed superintendent, has never recovered from the controversy that marked its origins.

Now, the system’s fate will be decided by the elected school board — which just regained authority over the district this year — with help from the district’s newly selected superintendent, Roger León. As they weigh their options, board members have been hearing from district officials and charter-school leaders, who are scrambling to defend the system. But diehard critics continue to call for its dismantling.

“All you guys will be held accountable,” said Daryn Martin, a parent organizer, during public comments at a board meeting last week where he denounced the enrollment system. “Something’s got to be done about this.”

As Newark’s school-enrollment debate ramps up, here’s a guide to how it works and what could change.

What is Newark Enrolls?

“Newark Enrolls” is the city’s single enrollment system for most charter and district schools. About 12,100 families used it to apply to more than 70 schools this year.

Families can rank up to eight schools on a single application, which most complete online. (Those without online access can fill out paper applications.) Then a computer algorithm matches each student to a school based on the student’s preferences, available space, and rules that give priority to students who live near a school or whose siblings go there.

It costs the district about $1.1 million per year to manage the system.

Which schools are part of it?

Most of the city’s charter, magnet, and traditional schools participate in Newark Enrolls.

Newark is one of just a handful of cities, including Camden, Denver, and Washington, D.C., to feature this kind of “common” or “universal” enrollment system. It’s meant to spare parents from having to submit multiple, time-consuming applications that may have different deadlines — a system that advantaged families with the most time and resources. A centralized process also prevents schools from discouraging high-needs students from applying, an accusation that charter schools often face.

The city’s charter schools, which are independently operated, must agree to let the district manage their admissions. This year, 13 of the city’s 19 charter operators signed on. Charter schools that don’t participate, such as Robert Treat Academy and Discovery, handle their own admissions lotteries.

Students can also apply to the city’s six magnet high schools through Newark Enrolls. But unlike other district or charter schools, magnet schools are allowed to rank applicants based on their grades, test scores, and other factors, before the matching algorithm is run.

How well does it work?

There are different ways to measure that.

One indicator of success is how many families get their desired school. This year, 84 percent of incoming kindergarteners were matched with their top choice, and 94 percent got one of their top three choices. Among rising ninth graders, many of whom were competing for seats at the city’s coveted magnet high schools, only 41 percent got their first choice and 70 percent got one of their top three.

Another metric is parent satisfaction with the process. Among nearly 1,800 people who took a survey after completing an online application this year, 95 percent said they were “satisfied” or “very satisfied” with the enrollment process. A similar share said the application was “easy” or “very easy” to navigate.

Yet another yardstick is equity. One stated goal of the universal enrollment system was to ensure that charter schools, which enroll a third of Newark students, serve their fair share of students with disabilities. To achieve that goal, the system’s algorithm gives these students a boost when applying to schools where this population is underrepresented among applicants.

Both charter and magnet schools now serve more special-needs students than they did before Newark Enrolls. The increase was especially dramatic at magnet schools, where the percentage of ninth-graders with disabilities jumped from 5 to 13 percent between 2014 and 2017,  according to a recent report by researchers at Columbia University, who note that the changes may have been caused by other policy changes in addition to the new enrollment system.

“This is about equity and access for all families,” said Newark Charter School Fund Executive Director Michele Mason, who is calling on the school board to preserve the universal enrollment system.

Still, the system has not, by itself, erased enrollment disparities.

Traditional high schools continue to serve a far needier population than magnet or charter schools, where the share of ninth-graders with disabilities inched up from 13 to 15 percent over that period. (At traditional high schools, the rate is 22 percent.) Also, the policy that gives priority to students who live near schools effectively walls off popular options from students in other neighborhoods, while magnet schools are essentially allowed to turn away students with low test scores or poor attendance records.

And no matter how well the algorithm works, there are too few high-performing schools to match every student to one who applies. In the most recent admissions cycle, about 1,800 rising ninth-graders listed magnet schools as their top choice — but those schools only had 971 seats to offer.

Why has it been controversial?

The enrollment system’s reputation has never fully recovered from its explosive inception.

It was rolled out in late 2013 as part of “One Newark,” a sweeping overhaul that closed, consolidated, or restructured about a quarter of the city’s schools. Unveiled in one fell swoop by former Superintendent Cami Anderson, the plan was met with bitter protests and a federal civil-rights complaint.

Technical aspects of the enrollment system were initially flawed as well. Some families got no placements, while others had siblings sent to far-flung schools. Meanwhile, the district only provides busing to certain students with special needs — leaving families who are matched with distant schools to find their own transportation.

“They did a real good job of uprooting Newark,” said Daryn Martin, the parent organizer who spoke up at the most recent board meeting and whose children attended Ivy Hill Elementary.

Since then, the district has tweaked the algorithm and provided parents with more information to help them choose schools. School board members say they continue to get complaints from parents who have problems with the system — but far fewer than in the past.

Still, the system remains embattled. In 2016, the school board passed a resolution to dismantle it — though the state-appointed superintendent at that time, Christopher Cerf, kept it in place. Today, critics who say Newark Enrolls is designed to steer students into charter schools continue to demand that it be scrapped.

“Are we going to spend a lifetime improving something,” said Newark Teachers Union President Jon Abeigon, “or just admit it was a failure?”

What could — or should — change?

Several school board members have called for big changes to the enrollment system. But they’ve yet to say what those should be.

“It does not work for everyone,” said board member Yambeli Gomez at a forum in April before she was elected. “We just have to make it better.”

The challenge for the board, now that it’s back in charge of district policy, will be to find a way to fix the system’s flaws without introducing new inequities for students or hardships for parents.

The board has some time to do that. Under state guidelines, it must keep the current enrollment system in place for the coming school year. Already, several board members have discussed the system with the Newark Charter School Fund, and the full board peppered the district’s enrollment chief, Gabrielle Ramos-Solomon, with questions at a meeting at Science Park High School this month.

Most members acknowledge that it would be difficult to scrap Newark Enrolls entirely and return to a system where students are automatically assigned to their nearest district school because many schools have been closed. Not to mention, the survey data suggests that many parents favor the current system.

“You can’t just dismantle universal enrollment,” said board member Tave Padilla. “You would have chaos.”

But the board could overhaul the existing system. One option would be to boot charter schools from it. Doing so might steer more families into district schools, but it could also recreate some of very inequities universal enrollment was meant to eliminate — families with the ability to fill out multiple applications would enjoy the most school options, and unscrupulous charters could potentially skim students.

The possibility of being ejected from Newark Enrolls is causing alarm among some charter operators who worry they might attract fewer students if families have to once again fill out separate applications for each charter network or school, according to people in that sector. The concern is greatest among independent charter-school operators, who often have local roots but lack the advertising and recruitment budgets of the larger networks. Some operators have discussed creating a single application for all the city’s charter schools, but that will only be necessary if the board decides to terminate the universal system.

Another option is to find ways to improve the current enrollment process. Roger León, the incoming superintendent, appears to favor that route. In a recent interview, he floated the idea of restoring a committee that in the past would review every appeal from families who were unhappy with their assigned schools. Such a review panel could make an impersonal system feel more responsive to families, but it wouldn’t be able to satisfy every parent seeking a seat in one of the city’s limited number of high-performing schools.

Whatever the board decides, León said he is committed to maintaining a system where families have school options — even if the process for exercising that choice is altered.

“I believe families make decisions where their child should go,” he said, “and I don’t think anyone should change that.”