rules and regs

Investigation of activist principal has free-speech advocates asking what politics are allowed at school

PHOTO: Cassi Feldman

The strange saga of a Park Slope principal accused of promoting communism took another turn Wednesday, when her request for a temporary halt to the probe against her was denied.

Jill Bloomberg, principal of Park Slope Collegiate, is known for her activism, particularly around the issue of school segregation. But the Department of Education says now she’s gone too far by sharing her political views at school and “actively recruiting” students into a communist organization.

“We lost the battle, not the war,” said Bloomberg’s attorney Jeanne Mirer after the judge’s decision to allow the investigation to proceed.

The war, it seems, will partly depend on whether Bloomberg violated D-130 — a Chancellor’s regulation that prohibits school employees from “being involved in any activities, including fundraising, on behalf of any candidate, candidates, slate of candidates or political organization/committee during working hours.”

The city claims, among other allegations, that Bloomberg violated the regulation by advocating on behalf of the Progressive Labor Party, a political organization with communist ties, at school. Bloomberg denies that and says she isn’t a member herself. But the case raises a larger question of what the regulation is meant to cover.

Mirer says a close read suggests it only bars election-related political activity — campaigning for a candidate, for instance — and not the type of organizing of which Bloomberg is accused.

If it did cover non-electoral politics, she said in court Wednesday, that would create a slippery slope for any educator who dared to voice a political view. “Any ideological belief could be the subject of a violation,” she warned.

Judge Paul Gardephe seemed unmoved by her argument. “I read the relevant parts [of D-130],” he said. “This lawsuit is not about whether D-130 is fair.”

But Mirer is not alone in worrying about how the regulation is being applied. Arthur Eisenberg, legal director at the New York Civil Liberties Union, is advising Mirer and has his own concerns about the free speech issues at play.

According to Eisenberg, the rules are the same for students, teachers and principals: “It’s well-established that school officials do not lose their First Amendment rights to speak out as citizens even when they are in school,” he said. “The standard is they can’t speak out in ways that are disruptive to the functioning of the school.”

Eisenberg declined to speculate on whether or not Bloomberg might have done that, but he said he was confident that D-130 could only apply to electoral politics.

A broader interpretation, he said, “puts the DOE in the position of having to regulate issue-oriented speech in ways that make it difficult to know how and where to draw the line.” Limiting free speech on issues that are political in nature, he said, could potentially impact student clubs that deal with gay rights, for instance, environmental causes, or racism. “And we know that can’t be right,” he said.

Eisenberg also questioned another line in the regulation quoted in the city’s court documents, which calls for a “posture of complete neutrality” on political candidates. Even if that were possible, he said, it wouldn’t be desirable.

“The obligation of an academic or teacher is to engage in critical judgment and to support those judgements with reasoning and fact,” Eisenberg said. “And that may be inconsistent with a principle of absolute neutrality.”

We asked the city’s law department what it made of Mirer’s argument that D-130 was meant to be more narrow in scope. Nick Paolucci, a spokesman for the department, said he wasn’t familiar with argument and couldn’t comment.

early childhood

This growing program is addressing Detroit’s literacy crisis — just don’t say it’s filling a “word gap”

PHOTO: Koby Levin
Yuliana Moreno told parents at her LENA Start graduation on Tuesday that her children have become more talkative because of the program.

A small program that started in Detroit last year with an innovative plan to improve infants’ language skills has proved promising and is preparing to expand.

When Concepción Orea entered the program, LENA Start, with her 18-month-old son, the boy was making a few simple sounds. She worried that he was displaying the same delays as her older son, a kindergartner who receives speech therapy.

“Now he grabs a book and pretends to read,” she said, speaking in Spanish at a graduation ceremony for the program on Tuesday. “Watching him pick up more sounds… it’s an emotion I don’t know how to explain.”

Over the course of the free 13-month program, Orea was coached to speak more to her child and read books to him. Her son was outfitted with a recorder that shows his — and her — progress. Each family is asked to place a recording device in a bib near their child’s chest, where it tracks and analyzes the sounds the baby hears at home.

The approach is based on research showing that when parents make a habit of talking to a very young child, that child is more likely to learn to read on grade level, with all the long-term benefits that come with literacy. That’s a big deal in all of the 17 cities where LENA operates, but the stakes are even higher in Detroit, where a tough new “read-or-flunk” state law, taking effect next year, will tighten the screws on a citywide literacy crisis.

“What our data are telling us is that for every one month in LENA Start, there are two months of growth,” said Kenyatta Stephens, Chief Operating Officer of Black Family Development, Inc., one of the program’s funders.

Growth, in this case, mostly means an increase in “turn-taking,” a verbal back-and-forth between parents and children that researchers view as an important sign of healthy language development. Parents are trained to verbalize their thoughts to their children, then look for a response.

A rise in turn-taking also correlates with other benefits: Parents talk to their children more frequently, for one, and kids are exposed to less electronic noise from TVs or cell phones over the course of the program. LENA gives books to parents, and parents typically report reading aloud more to their child.

The program started in Detroit last year with 50 parent-child-pairs. Thanks to promising results, LENA Start’s nonprofit supporters — including Black Family Development, the Kellogg Foundation, the LENA Foundation, the Michigan Children’s Health Access Plan, and Brilliant Detroit — plan to enroll another 150 parent-child pairs in Detroit.

(The Kellogg Foundation funds Chalkbeat. Read our code of ethics here.)

Program leaders say they hope to keep expanding, though the recording technology is pricey.

Using the bib recordings, LENA Start’s computers produce a detailed report for parents. It tells them how much electronic sound the baby is hearing  (differentiating between a computer and a live voice), how much the baby is speaking, and how often the baby “takes turns” in conversation with someone else in the home.

The program draws on  the research of Betty Hart and Todd Risley, the source of the much-cited notion that children from poor families typically hear 30 million fewer words before age three than their non-poor peers. That statistic went viral in academic and nonprofit circles, but it has come under fire in recent years, partly thanks to data collected by LENA programs, which pointed to a gap that is probably closer to 4 million words.

The challenge for program managers in Detroit is working to close the gaps that do exist while rejecting the idea that poor families do less for their children. Framing the problem as a “word gap” can be discouraging to parents and can even cue educators to expect less from children whose families live in poverty.

That may be why Stephens sees the recording data as “an affirmation tool.” Even when parents are stretched thin by poverty, she says they are able to change their speaking habits, especially when they’re given evidence that it is helping their child.

“What’s important is that we’re affirming that they’re already their child’s best teacher,” she said.

That may be one reason that Detroit’s program boasts an unusually high graduation rate — upwards of 90 percent of families compared to the national average of 74 percent.

Graduation ceremonies tend to be loud, Stephens said, because babies become more vocal over the length of the program.

Yuliana Moreno, one of the graduates, entered the program almost by default. She was already at Brilliant Detroit’s Southwest Detroit location at least twice a week before she entered LENA Start, attending infant massage classes for her seven-month-old and English classes for herself.

She said the benefits of the program extended to both of her children, even the one who didn’t attend LENA Start with her. It’s not that she wasn’t talking to them before — it’s just that no one had told her how important her communication could be, and the normal demands of life got in the way.

These days, she reports reading to her children more often, and says she uses her cell phone less while they’re around.

appeals

Will charter schools rebuffed in Chicago find a savior in the state? Why the outlook is iffy.

At Moving Everest Charter School one recent morning, first-grade teacher Alexis Collins gestured proudly at her room of 15 students, all wearing oversize headphones and quietly peering at laptop screens loading a math program that would launch them into elementary computer programming.

“We start them off with coding, so by the time they are in eighth grade, they’ll know what a person with an associate’s degree would know,” Collins said.

The school is so confident that its controversial personalized learning program will help raise up children from struggling neighborhoods that its directors proposed opening a second campus.

But the Chicago school board, perhaps recognizing the shifting political tide, denied the proposal from Everest and two others seeking to open new charters, despite lobbying by supportive parents.

Now Moving Everest is pinning its hopes on an appeal to the Illinois State Charter Commission.

Another charter applicant also plans to appeal: Kemet Leadership Academy, which proposed a middle school for at-risk boys in Englewood. So do the operators of Kwame Nkrumah Academy, which the Chicago district ordered closed at the end of the school year.

Appeal plans are uncertain for two others: charter applicant Intrinsic, which sought to replicate its Level 1-plus campus with another citywide high school, and Urban Prep West, whose school was ordered closed. Neither Instrinsic nor Urban Prep West responded to requests for comment.

The state established the charter agency in 2011 to ensure quality in charter schools, and granted it the power to override local school boards’ rulings. Since then, charter school operators have regarded the state charter commission as a lifeline protecting them from hostile local school boards.

Its history with Chicago is contentious. The commission has overruled Chicago Public Schools  to approve opening two charter schools and to reopen four charters closed by the district — one of which later shut down. The state agency oversees and funds five charter schools now operating in Chicago.

Opponents chafe at the commission’s ability to override local decisions.

But circumstances have changed. The commission’s future is far from certain, meaning that charters rejected this month could have only a small window to win commission support before the administration, and possibly policies, change in Springfield.

Chicago tried to curb the commission’s authority by backing a state bill that would have stripped it of its right to reverse school district decisions. The bill passed, but Gov. Bruce Rauner vetoed it last spring, and the Illinois Senate failed to override the veto.

But incoming governor J.B. Pritzker has pledged to place a moratorium on charter school expansion. His position on the charter commission is unclear. He earlier told Chalkbeat that good charter schools are “worthy of support” but that adequate funding for district schools should come before “expanding the opportunity for people to start charters.”

Now legislators have introduced a package of bills to rein in charter schools. Among other things, they would cap charter school expansion in financially struggling districts like Chicago and bar for-profit companies from running charters.

Could Everest win approval in time? Charter operators have 30 days from a denial to file an appeal. Then the commission has 75 days to rule.

The school hasn’t yet filed an appeal. But Michael Rogers, the founder of Moving Everest, said he isn’t ready to give up on expanding his school’s mission.

He’s not deterred by Everest’s Level 2-plus rating, not a stellar rank, from Chicago Public Schools.

He said that the school offers a unique learning environment. It also provides for its students in other ways, including offering dental and eye care.

“How do we interrupt the cycle of children growing up in this neighborhood who have a challenging instructional environment?” Rogers asked, adding he will tell the commission about the importance of investing in a struggling community.

In Austin, one of the city’s most under-invested neighborhoods, the large gray-and-green buildings that house Moving Everest school and its partner after-school “Christ-centered” program, By The Hand, stand our starkly against the nearby empty lots, run-down strip malls, and train tracks.

“We are thankful that the charter commission lives on, at least for the time being,” Rogers said. “We do believe that we have a strong school academically, financially. Our model is such that the community has spoken very loudly about or school.”