past deadline

State lawmakers end session without passing mayoral control. Where does that leave us?

PHOTO: Geoff Decker
Speaker Carl Heastie on the Assembly floor.

The final day of New York state’s scheduled legislative session has come and gone — but there’s no final deal on mayoral control of city schools.

Lawmakers wrapped up the legislative session late Wednesday, though they could return to address mayoral control of New York City schools at a later date. The provision expires at the end of June, but blowing the session’s deadline takes state officials one step closer to letting the mayor’s governance of the nation’s largest school system lapse.

“This evening, the state legislature will adjourn its 2017 legislative session,” Senate Majority Leader John Flanagan said in a statement. “We would have preferred to have tied everything up with a nice neat bow and returned to our districts with nothing at all left on our plate, but under the circumstances, that just wasn’t possible.”

He also suggested that he supports mayoral control of city schools, as long as it comes with help for charter schools. “I support the renewal of mayoral control, as do my Senate Republican colleagues,” Flanagan said.

Meanwhile, Assembly Speaker Carl Heastie admitted this outcome wasn’t perfect. “Sometimes in politics you don’t always get what you want,” he said on Wednesday night. He also reportedly said he had “no intention of coming back.”

For the past two years, Mayor Bill de Blasio has secured only one-year extensions of the policy, thanks largely to his fraught relationships with Senate Republicans and Governor Andrew Cuomo. (Former Mayor Michael Bloomberg received a seven-, then a six-year extension.)

Without mayoral control, New York City schools would revert back to a system with 32 community school boards — something even Mayor Bill de Blasio’s opponents do not support. Yet lawmakers are stuck in a deadlock over whether the extension should come with concessions, such as eliminating New York City’s charter school cap.

Mayoral control has lapsed before, providing a blueprint for what it might look like if it happened again. In July 2009, under Bloomberg, its expiration caused a brief reconstitution of the city’s Board of Education. But it took only a month before lawmakers returned to Albany and passed a multi-year extension.

The relatively small disruption caused by the lapse in 2009 leads some observers to conclude that letting the law expire will bring little harm to schools, teachers or students. That’s a far cry from the “chaos, gridlock, and corruption” predicted by New York City Schools Chancellor Carmen Fariña.

But the first scenario assumes the law will be reinstated as quickly as it was in 2009, said Tim Kremer, executive director of the New York State School Boards Association. Every year is different, and this one is marked by “deep-seated” policy and personality conflicts between the mayor and Albany lawmakers, Kremer said. Also, notably, the Senate was in the midst of a leadership crisis when lawmakers failed to renew mayoral control in 2009.

“I think people are taking false comfort in saying ‘Listen, we blew through the deadline last time and nothing happened; we can do that again,’” Kremer said. “They really are playing a little bit with fire.”

So what exactly would it look like if mayoral control lapsed? Chalkbeat spelled that out in a step-by-step guide back in 2009, informed in part by a memo sent by Bloomberg’s staff outlining how they saw the transition at the time.

First, city officials would have to reconvene a citywide Board of Education with five appointments made by borough presidents and two by the mayor. That board would have the power to select a chancellor. The city followed that script in 2009, which resulted in a unanimous vote to retain Joel Klein as chancellor.

Some observers, like David Bloomfield, a professor at Brooklyn College and the CUNY Graduate Center, feel confident the same would happen this time around.

“I fully expect that to go without any problem and that they will proceed to appoint Carmen [Fariña],” Bloomfield said.

To test his theory, Chalkbeat reached out to all five borough presidents earlier on Wednesday. Officials from three offices responded. The Manhattan Borough President Gale Brewer’s director of communications said she is committed to keeping Carmen Fariña as chancellor. Officials from Borough President Eric Adams’s office said he was focused on renewing mayoral control. Officials from Queens Borough President Melinda Katz’s office did not commit to keeping the chancellor.

“The only commitment Borough President Katz will make at this time is to appoint a representative to the reconstituted Board of Education,” officials wrote in an email.

If mayoral control lapsed for more than a month, New York City would head into uncharted territory. At some point, the city is required to revive the community school boards, but those elections wouldn’t be held until spring 2018.

That leaves months of limbo. In 2009, there was some discussion of whether the chancellor could appoint trustees to community school boards in the interim. But a spokeswoman for Mayor Bill de Blasio said he interprets the law to mean there would be no community school boards until the following May. That means no community input, no ability to appoint a permanent superintendent, and likely no rezoning votes, she said.

Even though there’s only a slim chance this fight will last until May, de Blasio said he doesn’t want to take any chances.

“When you open up Pandora’s box,” the mayor said at a press conference Wednesday, “you don’t know what happens next.”

Changes

Denver East High principal Andy Mendelsberg out after investigation into cheerleading scandal

PHOTO: John Leyba / The Denver Post
Denver's East High School.

The principal of Denver’s East High School has retired after an investigation into how school district officials handled complaints about the actions of the school’s cheerleading coach found principal Andy Mendelsberg “did not take the necessary steps to ensure that the physical and emotional health and safety of the students on the cheer team was fully protected,” according to a letter from Superintendent Tom Boasberg.

Former East principal John Youngquist will return to Denver to lead the school, Boasberg announced Friday. Youngquist served for the past four years as a top official in Aurora Public Schools.

East is the most-requested high school in Denver Public Schools. The 2,500-student school is known for its comprehensive academic program, as well as its breadth of sports and extracurricular activities.

Mendelsberg had been on leave since August, when 9News first aired videos that showed East cheerleaders being forced into the splits position while teammates held their arms and legs and former coach Ozell Williams pushed them down.

The parents of at least one cheerleader who was injured by the practice emailed a video to the East High athletic director in mid-June asking “what the administration is going to do about my daughter’s injury and how it happened,” according to emails provided to 9News.

After the 9News story broke two months later, Williams was fired.

Mendelsberg’s exit coincides with the conclusion of an independent investigation by an outside law firm commissioned by DPS. The district on Friday released a report detailing the firm’s findings.

According to Boasberg’s letter, the investigation found that “over multiple months, in response to multiple concerns of a serious nature,” Mendelsberg and East athletic director Lisa Porter failed to keep the students on the cheer team safe.

Specifically, the letter says Mendelsberg and Porter did not “sufficiently address, share or report allegations of abuse and the contents of the videos;” failed to provide the necessary level of oversight for the cheer coach, “especially as concerns mounted;” and failed to take corrective action, including firing Williams.

At a press conference Friday afternoon, Boasberg said that in addition to what was captured on video, concerns about Williams included that he instructed athletes not to tell anyone what happened at practice and required them to friend him on social media “with the express purpose of him monitoring their social media presence.”

Boasberg said that “raises deeper concerns about what was going on here.”

Mendelsberg, Porter, assistant cheer coach Mariah Cladis and district deputy general counsel Michael Hickman were put on leave while the investigation was ongoing. The Denver police also launched an investigation.

Porter resigned her position earlier this week, Boasberg said.

Hickman received corrective action but is being reinstated after the investigation revealed he didn’t know the full extent of what happened, Boasberg said.

Cladis, who was not at practice during the splits incident and whose position was volunteer, is welcome to remain the assistant cheer coach, he said.

Mendelsberg had been principal since 2011. But he’d worked at East much longer as a teacher, softball coach, dean of students, athletic director and assistant principal, according to a story in the Spotlight alumni newsletter published in 2012.

Youngquist preceded Mendelsberg, having served as principal of East from 2007 to 2011. He left the school to take a districtwide position leading the recruitment and development of DPS principals. In 2013, Aurora Public Schools Superintendent Rico Munn hired him to be that district’s chief academic officer, a job he’s held until now.

Regarding his decision to return to East, Youngquist said, “My heart has drawn me toward supporting this learning community now and well into the future.”

As a parent and school leader, he said he understands the trust that parents put in schools. “I’m committed to strengthening that bond and partnership with our young people, our parents and with our great East staff,” he said.

Munn has already appointed an interim chief academic officer: Andre Wright, who currently serves as a P-20 learning community director. In a statement Friday, Munn said he “will evaluate the role and expectations of the (chief academic officer) position prior to developing a profile for that position moving forward.”

“We thank John Youngquist for his four years of service … and wish him all the best in his next chapter,” Munn said.

Chalkbeat reporter Yesenia Robles contributed information to this report.

showdown

McQueen’s deadline looms for Memphis and Nashville to share student info with charter schools — and no one is budging

PHOTO: Laura Faith Kebede
A request for student contact information from Green Dot Public Schools to help with enrollment efforts sparked a fight between the state and Shelby County Schools.

As Tennessee’s two largest school districts fought an order to share student information with charter schools, the state education commissioner set a deadline last week.

Candice McQueen told the superintendents of Shelby County Schools and Metropolitan Nashville Public Schools they had to provide the data to charter schools that asked for it by Sept. 25 — or the state would “be forced to consider actions to enforce the law.”

But with just three days until the deadline, neither district has said it will budge. The consequences “will be determined Monday,” McQueen told Chalkbeat on Friday.

McQueen has not offered more information about what those consequences could be, though some lawmakers have worried it could mean funding cuts. There is some precedent for such a move: The Nashville district lost $3.4 million in state funding in 2012 when it refused to approve a controversial charter school, according to The Tennessean.

The clash comes after the Nashville and Memphis districts refused to turn over student contact information to charter networks, who argue that information is vital to their operation. Many Memphis schools, including those in the state-run school district, have been struggling with under-enrollment.

An amendment to an untested U.S. Department of Education rule suggests local districts can withhold information like phone numbers, addresses and email addresses — but a new state law requires Tennessee districts to hand it over to charter schools within 30 days.

The state department of education asked the attorney general’s office to weigh in. Last week, the attorney general said the districts had to turn the information over, but also that districts could take a “reasonable period of time” to notify parents about their right to opt out.

Shelby County Schools posted opt-out forms for parents on its website the next day, and gave parents until Oct. 22 to fill them out. The form allows parents to keep their information from charter schools specifically or from outside entities more broadly, including companies like yearbook providers, for example.

What Memphis parents should know about how schools share student information

The school boards for the two districts have been in lockstep in defying the state’s order, with the Memphis board even offering to write a legal opinion if Nashville were to go to court over the issue.

Shelby County Schools Superintendent Dorsey Hopson said his legal team is still reviewing the attorney general’s opinion.

“We still want to make sure parents know what their options are,” Hopson told Chalkbeat on Tuesday. “When we [McQueen and I] talked, she understood that our opt-out forms were out there.”

Anna Shepherd, board chair for the Nashville district, said the board met with its attorney this week to discuss the issue but took no action.

“We have not had any further conversation with the state concerning the release of data for MNPS students,” Shepherd said by email. “I’m not anticipating any action [before Monday].”

Reporter Caroline Bauman contributed to this report.