Measuring Equity

The city is paying for more students with disabilities to attend private school. But is that helping poor families?

PHOTO: Patrick Wall
Mayor Bill de Blasio announces policy changes meant to make it easier for parents of children with special needs to secure city funds for private school tuition.

When Mayor Bill de Blasio announced he would make it easier for children with disabilities whose needs aren’t met in public school to have their private school tuition funded by the city, he said the policy shift would make the special education system more equitable.

Families were put through “a very difficult and often litigious process,” de Blasio said at a 2014 press conference announcing the new policy. He added that the city “needed a streamlined, parent-friendly, family-friendly, respectful approach that didn’t matter how good your lawyers were, or how much money you had to spend on lawyers.” He promised the city would scale back legal barriers that sometimes kept families from getting the city to pay for private placements.

That shift seems to have had a clear effect: As Chalkbeat reported in July, roughly 4,100 students with disabilities were funded by the city to attend private school last year, 42 percent more than in 2011. And fewer families had to fight lengthy battles for that funding: The city settled 49 percent more cases without going through a legal hearing than they did in 2011.

While some advocates see these as positive changes, exactly what kinds of families have benefitted is an open question — one that city officials say their data systems don’t allow them to answer.

In June, Chalkbeat filed a Freedom of Information Law request asking for demographic breakdowns — including socioeconomic status — of students with disabilities whose private school tuition is paid for by the city. The request was an attempt to assess whether the policy was having the effect on equal access that de Blasio promised.

Nearly four months later, after repeated delays, the city has denied that request. The city said it does not collect the socioeconomic status or race of students in the database where it tracks tuition reimbursements.

The state’s open-records law “does not obligate the DOE to match data across computer storage systems,” wrote Joseph Baranello, the education department’s records access officer, in a letter. Baranello noted the city also searched for “previously created compilations of data,” but could not find any.

Baranello’s explanation is based on the state’s open-records law, which requires the city to disclose only records that it already keeps. But it does raise questions about how the city can tell if the policy is having its desired effect without clear data on the question.

Education department spokeswoman Toya Holness said the new policy has made it easier for families of students with disabilities to get appropriate services.

“Several offices across the DOE work closely to process these claims,” she wrote, “and we are always looking for ways to improve our tracking systems.”

Aaron Pallas, a professor at Teachers College, expressed some skepticism about the department’s response to the records request. “You would think the department would want to demonstrate the effects of the policy change,” he said. “One is always suspicious that an agency refuses what seems to be a reasonable request because they won’t like the interpretation of the records.”

Some advocates said that even if the city can’t prove that the policy is serving more low-income families, those it is serving are often having an easier time.

Rebecca Shore, who represents low-income families as litigation director at Advocates for Children, said the administration’s shift has given parents of children with disabilities a more straightforward path to private school by reducing the amount of time and money they have to commit to legal battles.

“The reality is the policy is helping those low-income parents,” she said. “Does that mean it’s equally dispersed? No.”

now hiring

With a new school year underway, hundreds of teaching positions remain unfilled in New York City

PHOTO: Jaclyn Zubrzycki

Hundreds of schools are missing teachers and support staff two weeks into the school year, with many of the openings in high-poverty districts and struggling schools that are typically the hardest to staff, according to postings on a city database in mid-September.

There were almost 1,700 job postings as of Sept. 19, according to data obtained by Chalkbeat. The listings offer a snapshot of the jobs advertised that day — not an official tally of the total citywide staff openings.

Still, they indicate a critical need for special-education teachers and paraprofessionals, teaching assistants who tend to work with young students and those with disabilities. Many of the unfilled positions were in low-income districts in the Bronx and Brooklyn, and dozens were in schools in the city’s Renewal program for low-performing schools.

The vacancies were posted in the city’s Excessed Staff Selection System, which lists jobs available to teachers in the Absent Teacher Reserve — a pool of teachers who lack permanent positions because they face disciplinary or legal issues, or their schools were closed or downsized. The listings hint at where teachers in the ATR pool may land this year, since the city recently announced it will place such teachers in schools that still have vacancies after Oct. 15.

Education department officials said the data “doesn’t provide accurate or precise information on school vacancies.” In particular, they said there could be a lag in updating the postings, or that schools could post positions that are expected to become available but are currently filled.

In addition, schools may list the same job more than once in order to advertise the position to teachers with different certifications, officials said. For example, a posting for a computer science teacher could also appear as openings for math and science teachers.

Still, the postings suggest where the need for teachers may be greatest — and where ATR teachers could likely end up.

Four out of the five districts with the most postings were in the Bronx. They include Districts 7 and 9 in the South Bronx, along with Districts 10 and 12. District 19 in Brooklyn, which includes East New York, also had dozens of listings.

In District 7, where more than 90 percent of students are poor, there were 60 postings for teachers in subjects ranging from Spanish to physical education and music. That includes 26 listings for paraprofessionals, who are often mandated by students’ special-education plans.

Overall, there were more than 600 listings for paraprofessionals, about half of which were needed to work with students who have disabilities. Almost 400 of the postings were for special-education teachers, who are often in short supply.

Devon Eisenberg knows these staffing challenges well. She is co-principal of The Young Women’s Leadership School of the Bronx in District 9. Despite boasting a staff-retention rate of about 90 percent, the school started the year short one teacher. To plug the hole, Eisenberg relied on substitutes and other teachers to cover the class. She was able to find a permanent hire this week, though the pool of qualified candidates was slim.

“This is definitely not fair for our students as they are not receiving consistent and coherent instruction,” she wrote in an email. “It is also stressful for the teachers covering these holes.”

Starting the school year with a substitute teacher can become a barrier to learning. Research has shown that staff turnover leads to lower test scores, even for students who weren’t in the class that lost its teacher.

Turnover tends to be highest in struggling schools, which often serve the neediest students.

Schools in the Renewal program — which includes 78 low-performing schools — posted about 70 openings, according to the data analyzed by Chalkbeat. The greatest shortage was for special-education teachers, for which there were 16 postings. That was followed by math teachers, with nine openings.

At M.S. 391 The Angelo Patri Middle School, a Renewal school in the Bronx, there were two postings for math teachers. Last year, only 8 percent of students passed state math exams at the school, which has a new principal.

Carmen Marrero teaches special education at M.S. 391 and has worked in other Bronx schools that struggle with staffing.

“We tend to deal with a lot of behavior challenges,” she said, referring to schools in the Bronx. “I guess that keeps some of the aspiring teachers or some of the teachers who are already in the field away from this side of town.”

This year, the openings come with an additional consequence: Schools with vacancies could be prime candidates to receive teachers in the ATR.

Though officials say they will work closely with principals, the department could place teachers even over the objections of school leaders. Some principals have threatened to game the hiring system by simply not posting openings in order to avoid having a teacher from the ATR placed at their school.

Meanwhile, some teachers in the pool dread being assigned to schools whose openings could signal poor leadership or a tough work environment.

Teachers who are in the ATR will not be placed in positions outside of their license areas, which may limit how many of the openings the education department can fill after mid-October.

Critics say the policy will place the least effective teachers in the neediest schools. Education department figures show that only 74 percent of ATR teachers were rated effective, highly effective or satisfactory in 2015-16 — compared to 93 percent of all city teachers.

Education department officials said the city has worked with schools to fill their vacancies well before the start of the school year.

Maria Herrera, principal of Renaissance High School for Musical Theater in the Bronx, said she tries to have all her hires in place by June. That way, she can involve future teachers in end-of-the-year activities that help build a sense of community, and provide training over the summer.

This year, she was able to start school fully staffed. The education department allowed schools to fill positions earlier this year and held numerous job fairs, she said.

“I feel really supported,” she said.

Q and A

Former Success Academy lawyer hoping to start own charter network wants to ‘take it to the next level’

As the former top lawyer for Success Academy, Emily Kim had a hand in almost every aspect of New York City’s largest and most controversial charter-school network — from negotiating lunch times for schools in shared buildings to defending Success in court.

After spending six years with Success, Kim is setting off to launch her own charter network with locations in Manhattan’s District 6, which includes Inwood and Washington Heights, and the Bronx’s District 12, which includes the south and central Bronx. Called Zeta Charter Schools, she hopes to open in 2018.

PHOTO: Photo courtesy of Emily Kim
Emily Kim

Kim is still a big believer in Success — two of her children go there, and she praised its lightening-rod leader, Eva Moskowitz, as “brilliant” — but she thinks she has something different to offer.

“I chose the best schools possible for my own children,” she said during a recent interview with Chalkbeat near her home on the Upper West Side, “but I’m still going to innovate and take it to the next level.”

The school’s co-founders — Jessica Stein and Meghan Mackay — also have ties to Success, as do several board members listed in the school’s charter application. (One of the board members, Jenny Sedlis, is a Success co-founder and director of the pro-charter advocacy group, StudentsFirstNY.)

But Kim’s vision also seems tailored to avoid some of the usual critiques of charter schools, including that they rely on harsh discipline policies. By contrast, her plan for Zeta calls for limiting the use of suspensions. She also wants her schools to be diverse, though she admits that will be difficult in residentially segregated areas like the Bronx.

A mother of three, Kim has taught in classrooms in New York City, Long Island and even West Africa. She worked on special education issues in Philadelphia district schools before heading to law school at Temple and Columbia. While working as a corporate litigator, she took on a case pro-bono for Success — and was soon offered a job as the network’s first general counsel.

Below are edited highlights from our interview with Kim earlier this month where she described how her experience as an Asian-American growing up in Iowa shaped her views on school segregation, why she believes high-stakes tests are important, and what role she sees for charter schools like hers.

Kim talked about sending her son to Success:

My child was 4 years old when all of this kind of unfolded. The first school I visited was Eva’s school, Harlem 4.

… I was so astounded by what I saw — which is the energy of the teachers. Just the level of dedication, commitment, the joy and energy of their teachers — I was blown away.

Then Eva gave a talk at the end. She was clearly a hard-driving, almost in a sense, from my perspective then, a business person. So I thought, “That’s the type of person who should be running schools.”

What’s your role going to be as you launch your own charter schools?

I’ll be the CEO. I want to take all of the great things that I saw at Success and at other schools and — like in any other enterprise — I want to take the best of the best, and I want to implement it.

And then I want to work on implementing some of the ideas that I have as well.

What’s your goal for your schools?

The number one goal is to just create additional education opportunities. As a parent, I feel this very strongly: No parent should have to send their child to a school that is not a good school.

… Our schools are going to prepare kids for the tests, and the reason is that tests are access to power. And whether you like it or not, if you want to go to college — to a good college — if you want to go to law school like I did, you take the SATs. You take the LSAT. You have to do a good job.

How are you going to measure your schools’ success?

Academic outcomes are first and foremost because truly, if I can’t hit the academic outcomes, there’s no point. I’m wasting everybody’s time and I don’t want to do that. That’s number one.

… We’re looking at going backward from very rigorous high school and college curricula, and working backwards from there. So that’s our vision when we’re establishing our schools. What do kids need to be successful in college?

And it’s not just the testing outcomes, but it’s also the soft skills that kids need in order to get there. Kids need to be able to self-regulate, and that’s got to start in elementary school, in order to be successful in middle school.

On what her schools will look like:

One of the most important elements of our school design is going to be technology.

We’re still in early days, but I’m visiting many schools across the nation that are doing things that are very exciting in technology. I’m also going to be looking in the private sector to understand what are the skills that kids need to actually be innovators. I’d love if one of our students were able to invent an app that made a difference in the world.

Many New York City schools, district and charter alike, are highly segregated by race and class. Kim spoke about the city’s segregation:

In New York City, with the exception of Success Academy and other high-performing schools, you can go to the playground and look at the skin of the children who are playing there or look around the neighborhood and the socioeconomic status of the neighborhood, and you’ll know the quality of the school. It’s a terrible, terrible situation. And that’s 60 years after Brown v. Board of Education.

And how her own background informs her views on the issue:

I grew up in Iowa. I was one of the very few students who looked like me. My dad was a math professor. There were very few African Americans, few Hispanics, and very few Asians. That was hard in a lot of ways in that I grew up with a lot of teasing and whatnot. But I also was forced to navigate a world that I didn’t understand from my own experience.

… I have the perspective that it shouldn’t [just] be the case that minorities are integrating into the larger majority population. The majority population also has to integrate themselves in the minority enclaves. As long as we have this idea that it has to go one way only, that’s perpetuating the problem.

Have the city’s charter schools done enough when it comes to integration?

… It’s just so challenging for charters because honestly, opponents of charters use the segregation idea as another weapon against charters in terms of why they’re not serving the greater good — because they’re segregated.

Well, they’re segregated because they went into areas that were low income. Unfortunately, those kids weren’t getting a good education.

So what should the mission of charter schools be?

Charter schools were largely, originally intended to bring options to children who didn’t have them — so that would be low-income [students]. That’s not really my vision of charter schools. I think that charter schools are places where innovation can happen.

… I would love for what we learn through our [research-and-development] approach to be implemented at district schools. I’m very interested in district reform. I think there are a lot of challenges to district reform, but we’d love to come up with solutions that can be applied in other contexts.

Kim explained her decision to leave Success and start her own schools:

Staying with Success surely would have been a very rich experience, but I also thought I wanted to build something and I had some ideas.

… It was a really hard decision. But I’m really glad I did and every day I’ve made that decision, I feel like I’ve made the right decision.

I guess it will be answered once I have the schools up and running. If they’re doing well, then I’ll have my answer.