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.

charter talks

Hopson weighs charters as school turnaround tool for Shelby County Schools

PHOTO: TN.gov
Superintendent Dorsey Hopson leads Shelby County Schools in Memphis, home to Tennessee's highest concentration of low-performing schools.

Shelby County Schools Superintendent Dorsey Hopson has opened a crack in the door to charter school partnerships that might help his district avoid losing more schools to Tennessee’s turnaround district.

Hopson emailed his principals this week to clarify his recent comments to the editorial board of The Commercial Appeal about possibly recruiting charter organizations for turnaround work. The report’s original headline read: “Hopson says he’s willing to hand schools over to charters, if they have a plan for improvement.”

The superintendent quickly turned to Twitter to label the headline “misleading and inaccurate” and, as he sought to regain control of dialogue on the thorny matter, dispatched an email to his school principals.

“It is my top priority to ensure all of our schools have the necessary resources to provide students with the high-quality education they deserve,” he wrote on Tuesday. “If the Tennessee Department of Education offers us the opportunity to select a charter operator that is willing to collaborate closely with District leaders to improve a school instead of losing it to the (Achievement School District), then I believe it is our responsibility to explore the option.”

Hopson’s comments hint at a potentially significant shift for a district that has battled openly with the charter sector over students being absorbed by the state’s 6-year-old turnaround initiative known as the ASD.

They also point to the tough spot that the superintendent is in.

On the one hand, the growth of the city’s charter turnaround sector has been a thorn in the side of local school leaders since 2012 when the state-run district began taking control of low-performing schools and assigning them to charter operators. Now with 29 Memphis schools, the ASD has siphoned off thousands of students and millions of dollars in an already under-enrolled and under-funded school environment — and made mostly anemic academic gains. (The local district also oversees about 50 charter schools that it’s authorized.)

On the other hand, Shelby County Schools has its hands full trying to improve a substantial number of struggling schools. It’s made some important headway through its Innovation Zone, which adds resources, extends the school day, and pays more to top principals and teachers who are willing to do some of the toughest education work in America. But the iZone is an expensive model, and few of its schools have exited the state’s priority school list.

In addition, some education reform advocates are lobbying to shift Memphis to a “portfolio model,” in which districts actively turn over schools to charter operators and manage them more like stocks in a portfolio. In other words, successful ones are expanded and failing ones are closed. Indianapolis has a robust portfolio model and, last fall, the philanthropic group known as the Memphis Education Fund took several Memphis school board members there for a tour. (The Memphis Education Fund receives support from several local philanthropies, including The Pyramid Peak Foundation and the Hyde Foundation. Chalkbeat also receives support from Hyde; read about our funding here.)

In his email to principals, Hopson said the school board ultimately would decide whether to authorize charter schools for the district’s turnaround work, and that he expects to discuss the matter with members in the coming weeks.

“All that said, I want to be very clear that my preference would always be to keep schools under the governance of (Shelby County Schools),” the superintendent added.

Hopson has been in discussions with the state Department of Education about several school improvement avenues available in Tennessee’s education plan under a new federal law. Among them is an option for Shelby County Schools to voluntarily convert priority schools to a charter, according to department spokeswoman Sara Gast.

One school board member told Chalkbeat he needs more information from the district and state before he would support any move forward. Chris Caldwell added that he thinks the board isn’t up to speed on options under the state’s new education plan.

“At this point, there’s so little information that I’ve been given,” Caldwell said. “I don’t want to conjecture what (a charter conversion) would actually will be like, but I have reservations with any kind of collaboration with the state.”

What would it take for such a shift to be successful?

One Memphis charter advocate says the ground rules are already in place because of a charter compact developed in recent years to address turf issues such as facilities, funding, and accountability.

“In order for a charter to manage a district school that’s underperforming and for it to be successful, that charter needs to have supports from the district to be successful,” said Luther Mercer, the Memphis advocacy director for the Tennessee Charter School Center.

The next school board work session is scheduled for Jan. 23.

pre-k for all

New York City will add dual language options in pre-K to attract parents and encourage diversity

PHOTO: Christina Veiga
Schools Chancellor Carmen Fariña, back right, visits a Mandarin pre-K dual language program at P.S. 20 Anna Silver on the Lower East Side.

Education Department officials on Wednesday announced the addition of 33 dual language pre-K programs in the 2018-19 school year, more than doubling the bilingual opportunities available for New York City’s youngest learners.

The expansion continues an aggressive push under the current administration, which has added 150 new bilingual programs to date. Popular with parents — there were 2,900 applications for about 600 pre-K dual language seats last year — the programs can also be effective in boosting the performance of students who are learning English as a new language.

Another possible benefit: creating more diverse pre-K classrooms, which research has shown are starkly segregated in New York City.

Schools Chancellor Carmen Fariña said the new programs reflect the city’s commitment to serving all students, even as a national debate rages over immigration reform.

“It’s important to understand that immigrants or people who speak a second language are an asset,” Fariña said. She called bilingual education “a gift that I think all schools should have.”

Included in the expansion are the city’s first dual language pre-K programs in Bengali and Russian, which will open in Jamaica, Queens, and the Upper West Side, Manhattan, respectively. The other additions will build on programs in Spanish, Mandarin and Italian. Every borough is represented in the expansion, with 11 new programs in Manhattan, nine in Brooklyn, six in Queens, five in the Bronx, and two on Staten Island.

In the dual-language model, students split their time between instruction in English and another language. At P.S. 20 Anna Silver, where the recent expansion was announced, pre-K students start the morning in English and transition to Mandarin after nap time. Experts say the model works best when the class includes an equal mix of students who are proficient in each language so they can learn from each other as well as the teacher, though it can often be difficult to strike that balance.

Officials and some advocates view dual-language programs as a tool for integration by drawing middle-class families eager to have their children speak two languages into neighborhood schools that they otherwise may not have considered. Research has shown that New York City’s pre-K classrooms tend to be more segregated than kindergarten. In one in six pre-K classrooms, more than 90 percent of students are from a single racial or ethnic background. That’s compared with one in eight kindergarten classrooms, according to a 2016 report by The Century Foundation.

Sharon Stapel, a mother from Brooklyn, said she knew early on that she wanted her daughter to learn another language and strike relationships across cultures. So she travels to the Lower East Side with her four-year-old, Finch, to attend the Mandarin dual-language pre-K program at P.S. 20 Anna Silver. On Wednesday, the city announced it will add a Spanish dual language program at the school.

“We really see it as how you build community with your neighbors and your friends,” Stapel said. “It was also an opportunity for Finch to become involved and engage in the cultures and in the differences that she could see in the classrooms — and really celebrate that difference.”

Citywide, about 13 percent of students are learning English as a new language. That number does not include pre-K since the state does not have a way to identify students’ language status before kindergarten. However, based on census data, it is estimated that 30 percent of three- and four-year-olds in New York are English learners.

Dual-language programs can benefit students who are still learning English — more so than English-only instruction. Nationally and in New York City, students who are learning English are less likely to pass standardized tests and graduate from high school. In one study, students who enrolled in dual-language courses in kindergarten gained the equivalent of one year of reading instruction by eighth grade, compared with their peers who received English-only instruction.

The city has been under pressure to improve outcomes for English learners. Under the previous administration, New York City was placed on a state “corrective action plan” that required the education department to open 125 new bilingual programs by 2013. Though the city fell short of that goal, the current administration has agreed to place every English learner in a bilingual program by the 2018-19 school year.

Among the greatest barriers to achieving that is finding qualified teachers, Fariña said. In some cases, it can be hard to find teachers who are fluent in the target language. In others, teachers who are native in a foreign language may only be certified in their home country, and it can be hard to transfer that certification to New York.

In order to open an Urdu program recently, Fariña said, the teacher, who holds a degree from another country, went through Teaching Fellows, an alternative certification program that usually caters to career-changers or recent college grads.

“I think the biggest challenge we have right now is ensuring our teacher preparation courses are keeping up with our need and demand for teachers who can teach another language,” she said.