Achieving Diversity

Drowned out of Upper West Side rezoning battle, desegregation advocates fight for a broader plan

District 3 includes the Upper West Side and parts of Harlem.

A parent group is trying to keep their plan for district-wide school integration alive after the District 3 Community Education Council seemed to sweep aside calls for a “controlled choice” enrollment system.

Parents in District 3, which includes the Upper West Side and parts of Harlem, have been locked in a battle over how to integrate schools and relieve overcrowding by redrawing zone lines. On Tuesday, the CEC laid out its own vision to do so. That vision does not include controlled choice, which determines school assignments based on a combination of preference and student diversity concerns.

In its lengthy letter, the council noted it had held two forums to discuss controlled choice, but said those discussions raised “more questions than panelists could answer” and they failed to reach a “clear consensus.”

But an advocacy group based in District 3, New York City Public School Parents for Equity and Desegregation, pushed back on Wednesday, saying that not enough time and attention were dedicated to exploring controlled choice as an option.

“In an overhaul like this, it’s new. It’s complicated. And as with any new issue, it requires repetition. It requires broad engagement,” said Toni Smith-Thompson, a founding member of the parent group. “So we don’t want it to be taken off the table. We don’t want rezoning to be the end result.”

The group sent a letter petitioning CEC leaders and the city to “meaningfully” consider a large-scale integration plan. Rezoning, they argue, puts a “band-aid” on the problem of school inequity.

“Equal schools and educational justice must be a first principle. Making plans any other way will deepen and prolong overcrowding, segregation and inequity,” the letter states.

Another advocacy group, the District 3 Equity in Education Task Force, has also pushed for controlled choice and raised some of the same issues in an email on Wednesday to CEC members.

CEC President Joe Fiordaliso said there simply isn’t enough support for a controlled choice plan and defended the council’s rezoning proposal, saying it will “combat segregation in our schools.”

“Our balanced approach is both meaningful and achievable, and I stand by it without the slightest equivocation,” he wrote in an email.

The CEC does not have the authority to redraw zone lines — that’s up to the city Department of Education. However, the council casts the final vote to approve or reject changes. A vote is expected Nov. 9.

Read the New York City Public School Parents for Equity and Desegregation’s full letter here.

PAYOUT

Douglas County district pays $1.3 million to settle landmark special education case

Dougco headquarters in Castle Rock (John Leyba/The Denver Post).

The Douglas County School District has paid $1.32 million to settle a long-running special education case brought by a couple who sought reimbursement from the district for their son’s education at a private school for students with autism.

The payment, made to the law firm representing the couple in May, represents the last chapter in a landmark special education case known as Endrew F. v. Douglas County School District. The case lasted for seven years, leading to a 2017 U.S. Supreme Court decision that raised the standard schools must meet in educating students with disabilities.

“The settlement really just eliminates any uncertainty there may have been about the importance of the Endrew F. decision,” said Meghan Whittaker, policy and advocacy manager for the National Center for Learning Disabilities.

She expects the settlement to spur greater awareness about the higher standard and increased public investment in educating students with disabilities.

Jennifer and Joe, the parents of Endrew F., the student at the center of the case, declined to comment on the settlement when reached by email this week.

In February, they said their attorney had reached out to school district officials numerous times over the years with offers to talk and potentially settle the case out of court, but that the district rejected those overtures.

Chalkbeat requested the 2-page settlement agreement under the Colorado Open Records Act, but district officials declined to provide it, citing a confidentiality agreement between the two parties.

The seeds of the Endrew F. case were planted about a decade ago when Jennifer and Joe pulled Endrew, then a fourth-grader, out of his Douglas County elementary school after years of stalled educational progress. They placed him at a specialized school in Denver — Firefly Autism House — where they saw immediate improvements. Tuition at the school is more than $70,000 a year.

In 2011, Jennifer and Joe sued the school district for tuition reimbursement, arguing that Endrew had not received a fair and appropriate education in Douglas County schools as required by federal law. Three courts ruled against the family before the case reached the U.S. Supreme Court.

Throughout the case, Jennifer and Joe asked that their last name not be used to protect their family’s privacy.

While the unanimous 2017 U.S. Supreme Court ruling was hailed as a momentous decision with enormous significance for millions of students with disabilities across the country, it kicked the question of whether the district should repay the family for years of private school back to the lower court.

In February, a federal judge ruled that the district owed the family for tuition and legal costs. According to district officials, the district reached an agreement for the $1.32 million payment on April 19 with the school board’s authority. The money came out of the district’s general fund.

In recent months, public and private groups have released new resources to help school district leaders and parents understand and act on the Endrew F. decision. In December, the U.S. Department of Education put out a nine-page Q&A on the topic.

In early 2018, the National Center for Learning Disabilities put out the Endrew F. Advocacy Toolkit for parents. The downloadable toolkit, which has been accessed 30,000 times so far, outlines the process for advocating for students with disabilities and improving their individualized learning plans.

Whittaker said the Endrew F. settlement signals to both parents and school officials the importance of working together to craft such plans.

“The focus here needs to not be on future cases and parents suing school districts but providing students with the services they need now,” she said.

Read more about Joe and Jennifer’s long journey to the Supreme Court here and their frustration at being portrayed as a school choice success story by U.S. Secretary of Education Betsy Devos here.

it's official

An integration plan is approved for Upper West Side and Harlem middle schools

PHOTO: Christina Veiga
Middle schools in District 3, including Wadleigh Secondary School for the Performing Visual Arts, pictured above, will give struggling students priority in admission, the local Community Education Council announced.

The New York City education department on Wednesday approved a plan to integrate middle schools in Manhattan’s District 3, the culmination of years of advocacy amid vocal pushback against admissions changes aimed at creating more economically and academically diverse schools.

The plan marks the city’s first attempt under Mayor Bill de Blasio to integrate middle schools across an entire district, an effort that garnered national attention after the schools Chancellor, Richard Carranza, tweeted a blunt criticism of parents who protested the proposal.

Announcing approval of the plan, Carranza said in a statement that he hopes District 3 will serve as a model for other communities aiming for more diversity.

“Students benefit from integrated schools, and I applaud the District 3 community on taking this step to integrate their middle schools,” he said.

The new admissions system builds on growing momentum to unravel deep segregation in the country’s largest school system. A few weeks ago, de Blasio announced a contentious plan to overhaul admissions at the city’s elite specialized high schools. And later on Wednesday,  a set of recommendations is expected to be unveiled for integrating middle schools in Brooklyn’s District 15.

Under the plan approved in District 3, students who are poor, struggle on state tests, and earn low report card grades will be given admissions priority for a quarter of seats at the district’s middle schools. Of those seats, 10 percent would go to students who struggle the most, and 15 percent would go to the next-neediest group.

Education officials had considered weighing a number of different criteria to determine which students would get priority. They settled on a mix indicators including student poverty and academic achievement because it “identifies students most likely to suffer the consequences of long-term segregation in District 3,” according to a statement released by the Community Education Council, a group of parent volunteers who have supported the district’s integration efforts. 

Since academic performance is often linked to race and class, the new admissions system could integrate schools on a number of different measures. But in aiming for academic diversity explicitly, the district is pushing for a unique and controversial change. In District 3 and across New York City, high-performing students are often concentrated in a tiny subset of schools.

Parents who worried their children would be elbowed out of the most selective schools pushed hard against the plan, including a woman featured on a viral NY1 video saying that the proposal tells hard-working students “life sucks.”  

“I think it was definitely a much harder concept for parents to understand,” said Kristen Berger, a parent on the local Community Education Council who has helped lead the integration effort.  “We have a lot of talk about meritocracy… anything that challenges it, challenges a very basic concept parents have.”

With those concerns in mind, the district says it will boost training for school staff in strategies to help struggling students. The district will also provide anti-bias training for all middle school staff and teachers will also focus on culturally relevant education practices, which ensure that all students are reflected in what is taught in classrooms.

Despite the backlash, the proposal would actually have a modest impact on many district schools, according to city projections. Among the schools expected to change the most is the Computer School, which would see a 16-point increase in the number of needy students who are offered admission. Still, only 28 percent of students would be poor and have low test scores and report card grades.  

Schools that currently serve the greatest number of struggling students aren’t expected to change much, if at all, according to projections. Many of those schools are in Harlem, prompting education council members to push the department to do more for those schools.

The council pledged to take on the work itself. Parents want to weigh whether new school options are needed, and “address long-standing challenges such as disparities in resource allocation,” the council’s statement said.

“We need a Harlem vision. That’s really important and that’s key to the next steps,” Berger said.