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.

new year

Here are the Memphis schools opening and closing this school year

PHOTO: Laura Faith Kebede
Alcy Elementary Schools is being demolished this summer to make way for a new building on the same property that will also house students from Charjean and Magnolia elementary schools.

Six schools will open and six will close as the new school year begins next month.

This year’s closures are composed mostly of charter schools. That’s a shift from recent years — about two dozen district-run schools have shuttered since 2012. All of the schools opening are charter schools, bringing the district’s total to 57, which is more than half of the charter schools statewide.

Below is a list of closures and openings Chalkbeat has compiled from Shelby County Schools and the state-run Achievement School District.

Schools Opening

  • Believe Memphis Academy is a new college preparatory charter school that will focus on literacy while serving students in fourth and fifth grade, with plans to expand to eighth grade.
  • Crosstown High School will focus on creating student projects that solve problems of local businesses and organizations. The school will start with 150 ninth-graders and will be housed in a building shared with businesses and apartments in Crosstown Concourse, a renovated Sears warehouse.
  • Freedom Preparatory Academy will open its fifth school starting with middle schoolers. It will eventually expand to create the Memphis network’s second high school in the Whitehaven and Nonconnah communities.
  • Memphis Business Academy will open an elementary school and a middle school in Hickory Hill. The schools were originally slated to open in 2017, but were delayed to finalize property and financing, CEO Anthony Anderson said.
  • Perea Elementary School will focus on emotional health and community supports for families living in poverty. District leaders initially rejected its application, but school board members approved it. They liked the organization’s academic and community work with preschoolers in the same building.

Schools Closing

  • Alcy Elementary School will be demolished this summer to make room for a new building. It is expected to open in 2020 with students from Charjean and Magnolia elementary schools.
  • Du Bois High School of Arts and Technology and Du Bois High School of Leadership and Public Policy will close. The charter network’s founder, Willie Herenton, a former Memphis school superintendent, said in April the schools are closing because of a severe shortage of qualified teachers.
  • GRAD Academy, part of the Achievement School District, announced in January the high school would close because the Houston-based charter organization could not sustain it. It was the third school in the district to close since the state-run district started in 2012.
  • Legacy Leadership Academy is closing after its first year because the charter organization lost its federal nonprofit status, and enrollment was low.
  • Manor Lake Elementary is closing to merge with nearby Geeter Middle School because low enrollment made for extra room in their buildings. The new Geeter K-8 will join eight others in the Whitehaven Empowerment Zone, a neighborhood school improvement program started by Vincent Hunter, the principal of Whitehaven High School.

policy promise

Newark’s district-charter enrollment system is here to stay, new superintendent said in meeting

PHOTO: Courtesy of Uncommon Schools
Superintendent Roger León at a recent training that brought together district and charter-school principals.

Newark families will continue to use a single system to apply to traditional and charter schools, the district’s new superintendent told charter-school leaders at a meeting last week.

The comments by Superintendent Roger León, which were recounted by people at the meeting, are his clearest statement to date that he intends to preserve the system known as “Newark Enrolls” — even though critics, including some school board members, have called for it to be dismantled. Proponents say the system simplifies the enrollment process for families and gives them access to more schools, while critics say it is meant to boost charter-school enrollment.

León also said that charter schools are a “big part” of his overall vision for the district, and added that he would not force them to help pay for Newark Enrolls, which cost the district about $1.1 million to manage this past school year, according to attendees of the June 27 meeting.

Charter schools, which are publicly funded but privately managed, now serve about a third of Newark public-school students. Yet they remain controversial, with critics arguing that they drain resources and engaged families from the traditional school system. In March, Mayor Ras Baraka called for a halt to their expansion.

As a Newark Public Schools graduate and veteran educator who is popular among many of the city’s charter-school critics, León was expected by some observers to take a harsher stance against charter schools than his state-appointed predecessors, who encouraged the charter sector’s growth. That is why the charter leaders were encouraged to hear León, who officially started as superintendent on July 1, promise to work closely with their schools and retain the joint district-charter enrollment system.

“We heard his words loud and clear,” said Michele Mason, executive director of the Newark Charter School Fund, which convened the meeting. “We walked away feeling confident in his commitment to keeping a unified enrollment system.”

A district spokeswoman did not provide any response on Tuesday.

León spoke for over an hour at the meeting, which was attended by representatives of 14 of the city’s 18 charter school operators, including KIPP New Jersey, North Star Academy, Great Oaks Legacy, and Robert Treat Academy. It was one of a series of private meetings León held in the weeks since the school board chose him as superintendent in May. He also met with clergy members, union officials, district-school principals, and parent leaders.

During the charter meeting, he vowed to visit many of their schools in the fall, according to attendees. He also decried the divisions between some staunch district and charter-school supporters, saying he wants every school to be successful.

More provocatively, León noted that some of Newark’s traditional public schools have lower standardized test scores than the charter schools that were closed by the state in recent years for poor performance, the attendees said. He then reiterated his point that every school, whether district or charter, should be a good option for families.

He echoed some of those ideas in a press release Monday marking the start of his tenure.

“We will promote parent choice and ensure that every student is enrolled in a high-quality school in every ward throughout this city, regardless of school type,” León was quoted as saying in the press release.

The state decides when to shutter charter schools or allow new ones to open; the Newark school board and superintendent have little say in the matter. But the district does control the enrollment system, which was launched in 2013 as part of a sweeping overhaul by former Superintendent Cami Anderson that also involved closing some schools.

One of only a few combined district-charter enrollment systems in the country, it was designed to make it easy for families to apply to multiple schools without having to fill out separate applications or meet different deadlines. The centralized system, which allows families to apply to up to eight schools, was also billed as a way to ensure that schools did not exclude hard-to-serve students. (Since it was launched, magnet and charter schools have enrolled more students with disabilities — though still less than traditional schools.)

Newark Enrolls has become popular with many families, with 95 percent of 1,800 survey respondents this year saying they were “satisfied” or “very satisfied” with it. However, it remains tainted by its early rollout, when some students received no placements or were separated from their siblings, and by the perception among critics that it is a ploy to steer students into charter schools.

Newark Teachers Union President John Abeigon, a fierce charter-school critic, recently called the enrollment system “a failure.”

In 2016, the school board passed a resolution to dismantle it — but the state, which controlled the district at that time, ignored it. This year, the board regained full control over the district. In April, it gained three new members who said during the campaign that Newark Enrolls is seriously flawed.

One of the new members, Dawn Haynes, who is now vice chair of the board, said at a candidate forum that the enrollment system has led to students being assigned to schools far away from where they live. As a result, some students arrive late to school or even end up in dangerous situations as they navigate unfamiliar neighborhoods, according to Haynes.

“It needs to be dismantled,” she said.

León, who was an assistant superintendent under Anderson, said recently that he would “reflect on” concerns that families have with Newark Enrolls. The only change he has floated so far is reinstating an appeals committee that families could turn to if they are unhappy with the school they’re matched with.

Now, both critics and proponents of the enrollment system are waiting for León’s next moves.

If he hopes to preserve the system — and keep charter schools in it — he will need to bring along skeptics on the board, which has promised to review the district’s enrollment policies. He will also have to make his case to critics in the community, such as Johnnie Lattner, a parent organizer who ran for a school board seat.

Lattner, who is a co-founder of the group PULSE, or Parents Unified for Local School Education, said he was surprised to learn that León plans to keep Newark Enrolls because many community members oppose it.

“People selected him because they think he will listen to what the community wants,” Lattner said. “So that’s very concerning to me.”