Student Privacy

Parent files complaint saying New York City improperly shared student information to aid with charter recruitment

A New York City parent filed a complaint with the U.S. Department of Education this week alleging the city improperly shared her child’s personal information to help with charter school recruitment — a claim city officials denied, saying they are permitted to share student information under certain circumstances.

In the complaint, Johanna Garcia says she is bombarded each year with promotional flyers and pamphlets from charter schools, including Success Academy. Some refer to her daughter by name, even though she never gave her consent for the city education department to share her daughter’s contact information.

City officials say they do not provide charters with that information directly. Rather, they share student contact information with a mailing service, which then sends the materials on the charters’ behalf — which officials say is allowable under an exemption in the the federal student-privacy law.

Success Academy made a similar argument, saying that the network tells the mailing service the zip codes where its schools are based and the grades it is looking to recruit students for, then the service mails the materials.  

“At no point in the process does Success Academy ever even get the names of students,” said Success spokeswoman Nicole Sizemore in an email, adding that the promotional materials ensure that families know all the public-school options available to them.

In the complaint, Garcia argues that student information should not be provided to charter schools “either directly from the district or through a third-party mailing house.” Either way, her daughter’s personal information should not be used for charter-school recruitment, she said.

“I have a right to actively consent” to sharing that information, Garcia said. “It shouldn’t be something that’s done under legal jargon.”

City officials say an exemption in the privacy law allows them to share student information with outside entities if they are performing functions that city employees would otherwise perform, and the service provided has some educational value. In this case, officials say that alerting families to their schooling options has a clear educational purpose.

But critics say that since charter schools are privately run, efforts to help those schools should not be considered an educational benefit to district schools. Leonie Haimson, co-chair of the Parent Coalition for Student Privacy, said in a statement,”by helping in their recruitment efforts, they are actively undermining the opportunities of public school students whose interests they are supposed to serve, by enabling charters to divert increasing amounts of resources and space from our schools.”

Similar debates over student privacy have flared up elsewhere.

In Chicago, charter network leaders obtained a list of student names, which was leaked by a Chicago Public Schools employee, and used that information to send recruitment postcards .

In Tennessee, the state attorney general ruled that school leaders must provide information to charter authorizers. (Unlike New York, Tennessee has a state law directing districts to share information directly with charter operators.)  

Garcia, who is president of the community education council in Upper Manhattan, also questioned whether charter schools have access to information beyond student names and addresses. She said that out of her three children, the only one to receive mailings was her daughter who took the city’s gifted and talented exam — suggesting to her that the charter schools were targeting high-performing students.

Both Success Academy and the city’s department of education rejected that idea, saying they do not provide schools any information about student test scores or their disability status.

talking SHSAT

Love or hate the specialized high school test, New York City students take the exam this weekend

PHOTO: Christina Veiga/Chalkbeat
At a town hall this summer in Brooklyn's District 15, parents protested city plans to overhaul admissions to elite specialized high schools.

The Specialized High Schools Admissions Test has been both lauded as a fair measure for who gets accepted to the city’s most coveted high schools — and derided as the cause for starkly segregating them.

This weekend, the tense debate is likely to be far from the minds of thousands of students as they sit for the three-hour exam, which currently stands as the sole admissions criteria for vaunted schools such as Stuyvesant and Brooklyn Tech.

All the debate and all the policy stuff that’s been happening —  it’s just words and there really isn’t anything concrete that’s been put into place yet. So until it happens, they just continue on,” said Mahalia Watson, founder of the website Let’s Talk Schools, an online guide for parents navigating their school options.

Mayor Bill de Blasio this summer ignited a firestorm with a proposal to nix the SHSAT and instead offer admission to top middle school students across the city. Critics say the test is what segregates students, offering an advantage to families who can afford tutoring or simply are more aware of the importance of the exam. Only 10 percent of specialized high school students are black or Hispanic, compared to almost 70 percent of all students citywide.

For some, the uproar, coupled with a high profile lawsuit claiming Harvard University discriminates against Asian applicants, has only added to the pressure to get a seat at a specialized school. Asian students make up about 62 percent of enrollment at specialized high schools, and families from that community have lobbied hard to preserve the way students are admitted.

One Asian mother told Chalkbeat in an email that, while she believes in the need for programs that promote diversity, the SHSAT is “a color blind and unbiased” admissions measure. Her daughter has been studying with the help of test prep books, and now she wonders whether it will be enough.  

“In my opinion, options for a good competitive high school are very limited,” the mom wrote. “With all the recent news of the mayor trying to change the admission process to the specialized high schools and the Harvard lawsuit makes that more important for her to get acceptance.”

Last year, 28,000 students took the SHSAT, and only 5,000 were offered admission. Among this year’s crop of hopeful students is Robert Mercier’s son, an eighth grader with his sights set on High School of American Studies at Lehman College.

Mercier has encouraged his son to study for the test — even while hoping that the admissions system will eventually change. His son plays catcher on a baseball team and is an avid debater at school, activities that Mercier said are important for a well-rounded student and should be factored into admissions decisions.

“If you don’t do well on that one test but you’ve been a great student your whole career,” Mercier said, “I just don’t think that’s fair and I don’t think that’s necessarily a complete assessment of a student’s abilities or worth.”

First Person

We’re a middle-class black family. Here’s why we’ve skipped our local schools for now.

PHOTO: Saratu Ghartey

When we bought our two-family brownstone in the Bedford-Stuyvesant neighborhood of Brooklyn over 10 years ago, we were childless professionals unconcerned with the state of the area’s schools. Today we have an almost-4-year-old son eligible for pre-kindergarten and school options are a daily worry.

Our neighborhood is rapidly gentrifying, but the public schools lag behind, with no obviously good choices available. While some newcomers — mostly white parents — seem willing to take a chance on these works-in-progress schools, we feel we have little room for error. After all, we are raising a little black boy in America.

Our school district has been in a state of neglect for years — its version of a school board was defunct until recently; student enrollment has dropped significantly, with many schools under-enrolled; and the students perform in the bottom 10 percent of the entire state on exams. The parents have voted with their feet — less than a quarter of Bed-Stuy’s children actually attend their zoned school. The students that do remain in-district mostly attend the newer charter schools, which have made inroads by focusing on a back-to-basics, traditional curriculum.

Young families like ours who have invested in Bed-Stuy’s homes are now facing the challenge of finding a suitable school. Private schools seem like an easy answer, but tuition can begin as high as $40,000, if spots are even available. So the new wave of local parents began to organize, a group formed, and a plan emerged to adopt one or two neighborhood schools in order to advance them from within. Then tensions grew — black vs. white, old timers vs. new timers, middle class vs. lower income, progressive vs. traditional — and the movement fairly quickly hit some pretty big rocks. Long-time neighborhood leaders and civic organizations felt the new group was ignorant of their own efforts regarding the schools and did not value them as partners. Some even felt the newcomers were out of line by naming the group after the neighborhood, especially since they were viewed as only wanting to fix the schools “for their kids.” And the newbies made some unfortunate tongue-slips, both privately and in public, further feeding the resentment.

I paid attention to the little movement, marveling at these mostly white parents who would send their kids to schools with dreadful scores in the middle of what was not so long ago a rough neighborhood, schools where their kid would likely be the only “other” in the room. Most of the middle-class black parents I knew were not willing to take that risk. It is all well and good to say that you will send your kid to a majority low-income, low-scoring school because you believe in public schools, and you are not a snob, but the stakes are higher for black kids. Disparities in academic achievement begin early for black children, and they persist.

And then there is the slippery issue of school culture, which begins to matter around the third grade, when kids start to decide what their values are, who they want to be like, what is “cool.” Many middle-class black parents are concerned that their children will fall into the wrong crowd, lose focus on academics, and begin to veer off the path their parents followed to success. This is a terrifying preposition for these parents, who may have seen firsthand the results when promising cousins failed to graduate high school, or dropped out of college, or made a wrong turn into the criminal justice system.

For all these reasons, many black middle-class parents seek financial aid at prestigious prep schools, or squeeze into small apartments in better school districts, or move to mostly-white suburbs to benefit from the school systems there.  We, however, wanted to see if we could keep our son in the diversity of New York City, in a quality public school. We were willing to consider the improve-your-school movement, but we also wanted to check out the more established Brooklyn public schools.

We visited seven pre-K options in total (four within our district) and it was illuminating. At some schools, we saw troubling things — signs declaring that children not picked up on time would be taken to the local police precinct, a principal who consistently used improper grammar during an open house, tour guides who explained that the kids sometimes watched videos rather than going outside at recess. Some schools simply suffered from a general air of tiredness.

But we found other schools more encouraging. At an established progressive school that prioritized low-income kids in its admissions, the library was bursting with books, there was robotics lab, and the teachers were seasoned and passionate about their social studies curriculum, which took an in-depth look at a different country each year. A “Unicorn” school just a neighborhood away was defying the odds and producing academically strong students while maintaining its majority black enrollment, with an unspoken theme of “black excellence.” I found an old law school classmate of mine serving as PTA president there, and many of our professional black friends have children enrolled.

We also observed big differences in schools’ priorities that seemed to map to what kinds of students they served. In New York City as in many places, Hispanic, African Americans and Asians apply to progressive schools at lower rates than whites, partially because there is a concern that progressive education does not work for black kids. On the tours we noticed that the majority-black schools were focused on “college readiness” and literacy “basics,” while “whiter” schools were heavy on progressive elements — project-based learning and child-led inquiries.

We also discovered that in more affluent neighborhoods after-school care options can be nonexistent. None of the pre-K centers by my workplace in lower Manhattan offered onsite after-school programs. This is not very tenable for a two-income home like ours.

And of course, we saw evidence of the segregation that has been so well documented in the city’s public schools. As soon as we crossed the Brooklyn Bridge into Manhattan, there were many fewer black and brown faces.

In the end we put the Unicorn school and the well-established progressive school as our top two choices on our lottery application.  The Bed-Stuy options just felt like too much of a gamble — the movement too new, some of the schools a bit too far gone, and a few of the locations rather dodgy.

The lottery ultimately assigned us our fifth choice, an in-district school with a young principal who has a lot of energy and ideas. But the school has a long way to go academically, and we were nervous, especially after our attempts to find other families attending the program failed. By August we were stressed out waiting for the waitlists to move, and I began calling the schools to check on where we stood. When I learned there was an open spot in one of the lower Manhattan programs by my office — a lovely little program in the same building as a new school on the waterfront — I snatched the spot. We had visited the site but ultimately not listed it high because of the commute and because it was only a one-year option (the pre-K spot does not lead to any priority preference for kindergarten in that school or district). Now, however, we felt it was a better backup while we waited for Unicorn school to come through. It never did. There were 200 kids on the waitlist for pre-K, and no one gave up a slot.

This month our son started pre-K at the program in lower Manhattan. It’s early days but we are impressed so far. The teachers and administrators are warm, professional and prepared. We receive regular communications from the program — starting in the weeks leading up to the first day of class. The other families are racially diverse — white, black, Asian, South American, multiracial —although I cannot yet tell how socioeconomically diverse they are (the neighborhood is fairly affluent but there are some “commuters” like us). The important part is everyone is friendly. And of course, all the 4-year-olds are adorable.

So in the end, I guess we chickened out on the neighborhood school experiment, at least for pre-K. We have friends who did enroll in the “adopted” schools, and we are watching carefully. Kindergarten is a whole new application process, and our son likely cannot stay in lower Manhattan because he does not live in the school’s zone. So we will be back in the game shortly.

Saratu Ghartey is an attorney who lives in Brooklyn.