Open Up

Appeals court unanimously orders New York City to open school leadership meetings to the public

Public Advocate Letitia James (center) and parent advocate Leonie Haimson (right), seen here in 2013, joined a lawsuit to make school leadership team meetings open to the public.

For the second time in two years, a court has ordered the city to open school leadership meetings to the public. And for the second time, it’s not clear if the city will actually open them.

The ruling, which became public Tuesday, upheld a Manhattan Supreme Court judge’s decision that meetings of the joint parent-educator School Leadership Teams should be open to the public.

“Today’s ruling is a victory for parents, students, educators and all of us who believe in transparency and accountability at the Department of Education,” wrote Public Advocate Letitia James, who joined a retired Manhattan teacher’s lawsuit alongside the advocacy group Class Size Matters. “Important decisions about our schools must be made in sunlight with input from parents and teachers.”

Under state law, every school must have a leadership team that includes the principal, parent association president, teachers union representative, and an equal number of elected parents and staff members. The teams are charged with creating annual comprehensive education plans, and must be consulted on certain key decisions, including hiring principals and assistant principals, and moving other schools into their buildings.

At issue is whether the leadership teams (SLTs) are simply offering advice, or play a role in actually governing schools. In a unanimous ruling from a four-judge panel, which reviewed the city’s appeal, the court found that, “It cannot be disputed that SLTs are established pursuant to state law and are a part of DOE’s ‘governance structure.’

“It also cannot be disputed that SLTs have decision-making authority to set educational and academic goals for a school through the [comprehensive education plan],” the opinion continued.

It was not immediately clear if the city plans to appeal the decision. The city’s education department declined to comment, referring all questions to the law department.

“The state legislature never intended to mandate that SLT meetings be open to the general public. We are considering our options,” wrote law department spokesman Nick Paolucci.

In the meantime, the court order requires the city to open school leadership meetings to the public immediately, and must offer public notice in line with open meetings laws, according to Anna Brower, a spokeswoman for the public advocate.

The city has balked at opening the meetings in the past. When a court ruled against the city in April 2015, it got a stay on the ruling and Chancellor Carmen Fariña instructed principals to keep the meetings closed while the case made its way through the appeals process.

This is not the first time the city has faced litigation over SLT meetings. In 2013, a Staten Island teacher sued after he was barred from a meeting at his school — a case the city won.

Editor’s note: An earlier version of this story misstated the date of a judge’s previous ruling on this lawsuit. It’s April 2015, not last April.

Starting young

New York City child care centers are serving more infants, but for poor families seats are scarce

PHOTO: Logan Zabel

Yvette Cora, who works at an East New York day care center, turns down a steady stream of parents asking to enroll their babies.

The center where she works, St. Malachy Child Development Center in East New York, has a contract from New York City to care for babies and toddlers from low-income families. But most won’t get offered a spot until their child is at least 18 months old — it takes six months to a year to get off the baby room waitlist.

“I refer them to home providers, and sometimes after they go visit those homes they come back here and say they prefer it here,” said Cora.

It’s an increasingly common experience for day care providers who work with the city. As interest in early childhood education has grown in the city, more families are seeking spots in day care programs for their babies — but the programs for poor children are actually losing capacity, even as programs that serve more affluent families grow.

With the upcoming transition of the city’s subsidized child care system to the Department of Education (DOE), it remains to be seen how the DOE will prioritize infant care, and whether the agency will find a way to increase the capacity for this age group in centers.

In the past two years, the number of slots for children under 2 years old increased by 10 percent in licensed early education centers citywide — from 9,853 spots in 2015 to 10,806 in 2017, even as total capacity in centers has grown by only 2 percent. That’s according to the Center for New York City Affairs’s analysis of data provided by the city’s Department of Health and Mental Hygiene, which issues licenses to the centers.

At the same time, the child care centers that contract with the city to serve low-income families have been losing their capacity to take in infants and toddlers. The number of openings for children under 2 years old in those centers fell by 8 percent during the same time period, amounting to about 100 lost slots for young children.

The shift means that while Bright Horizons, one for-profit day care provider that charges up to $40,000 per year for full-time care, is growing, there are fewer spots for families whose total annual income is less than that.

“The capacity has grown, but not for poor people,” said Kathleen Hopkins, vice president of the Family Health Centers at NYU Langone Department of Community Programs that oversees two centers that provide infant care. “There are still not a lot of options for poor families.”

The scarcity of choice for poor families with infants is largely driven by cost. Infants and toddlers are the most expensive age group to serve in child care centers. Most babies in the subsidized child care system are placed in the far less-expensive but also less-regulated subsidized family child care programs, where women get paid meager wages to look after neighborhood kids in their homes, often their living rooms.

But studies nationwide have found family child care programs to be, on average, of lower quality than center-based care, and there’s been a growing interest in increasing the number of slots for infants and toddlers in subsidized New York City child care centers.

Some say that Mayor Bill de Blasio’s universal pre-K expansion and public awareness campaigns such as “Talk to Your Baby” added urgency to this discussion by raising awareness of the importance of receiving high-quality care during the first few years of life.

Staff at the city’s child care resource and referral agencies say they now see a growing number of parents from all backgrounds who believe that early education centers are better equipped than informal arrangements with friends and family to provide quality care and prepare young kids for school. “It’s a trend of the last five years,” says Nancy Kolben, executive director of the child care resource and referral agency Center for Children’s Initiatives.

Early childhood centers that enroll only families who can pay without public subsidies have responded by charging parents more money to offset the high costs inherent in baby care, including expensive sprinkler systems, ground floor classrooms, and that babies be cared for in small groups.

But at subsidized child care centers, rising rents combined with flat city funding have made infant care elusive, despite efforts from ACS to encourage growth.

“Everything we have seen says it’s a money-losing proposition to do [infant care] as a center-based facility because of the infrastructure you need,” said James Matison, executive director of Brooklyn Kindergarten Society, which oversees five early education centers that serve low-income families.

“We lose a lot [of space] if we try to incorporate cribs and changing tables, and enrollment numbers go down,” says Maria Contreras-Collier, executive director of Cypress Hills Child Care Corporation.
Some directors say that serving infants is easier at large child care centers that can dedicate a few rooms to babies without cutting back on overall enrollment.

Hanover Place Child Care, a center in Downtown Brooklyn, is a case in point. A large school with a total capacity for over 300 children, it accepts more vouchers to care for infants than any other center in the city. In recent years, as surrounding neighborhoods gentrified, it has begun attracting families who pay privately.

But after a special-education preschool it shared its building and some staff with closed, Hanover Place lost a security guard, art teacher and a nurse. Meanwhile, rents in the neighborhood skyrocketed as new construction crept closer and closer.

Some local parents fear it is only a matter of time before the Brooklyn real estate boom will lead the center to close its doors entirely, or at least close doors to families unable to pay the tuition necessary to keep them open.

This story is adapted from a policy brief from the New School’s Center for New York City Affairs.

Charter growth

Smaller cohort of charter schools to open in Memphis in 2018

PHOTO: Laura Faith Kebede
Daphnè Robinson, director of charter schools for Shelby County Schools, offers recommendations to the school board.

With charter schools comprising a fourth of Shelby County Schools, district leaders say they’re setting a higher bar for opening new ones in Memphis.

The school board approved only three out of 14 applications on Tuesday night, just months after the district overhauled its charter school office to strengthen oversight of the growing sector.

Opening in 2018 will be Believe Memphis Academy, Freedom Preparatory Academy, and Perea Elementary. The approvals mean the district will oversee 55 charter schools, easily the largest number of any district in Tennessee.

But it’s significantly less than last year, when the board green-lighted seven applicants. Since then, Shelby County Schools has doubled the size of its charter oversight office and stepped up scrutiny of applications.

“We want to strengthen the process every school year because, when it comes down to it, the lives of our kids are at stake and millions of dollars in taxpayer money,” said Brad Leon, chief of strategy and performance management.

This year, the district hired a new leader and new staff for its charter office. It also used five application reviewers from the National Association of Charter School Authorizers, the group that last year recommended a slew of changes for opening, managing and closing charter schools.

But even with all the changes, the school board didn’t follow all of the staff’s recommendations. Perea’s application had been recommended for denial but, after much discussion, the board voted 7-2 to let the group open an elementary school inside the recently closed Klondike Elementary building. Board members pointed to Perea’s long record of success in operating a preschool at Klondike.

The other two approvals were in line with staff recommendations. Believe Memphis Academy will be a literacy-focused college preparatory school serving students in grades 4-8 in the city’s medical district. Memphis-based Freedom Prep will open its fifth school, which eventually will serve grades 6-12 in the Whitehaven and Nonconnah communities.

Board member Teresa Jones expressed concern about deviating from staff recommendations on Perea.

“We have a process. And by all accounts, it’s not a perfect process, but it’s been applied to everyone,” she said.

But Billy Orgel, another board member, said the charter office should have taken into account the long-standing preschool’s performance, even though it’s never operated an elementary school.

“There is a track record with the funders. There is a track record with the school,” he said, adding that “no process is perfect.”

Groups vying for approval this year wanted to open schools that range from an all-girls program to a sports academy to several focused on science, technology, engineering and math.