Legal Battle

Union wins victory in legal fight over KIPP charter school in South Bronx

PHOTO: Alex Zimmerman
Mayor Bill de Blasio with KIPP co-founder David Levin at KIPP Infinity Middle School.

A federal court dealt a blow Tuesday to the KIPP charter network in its legal fight with New York City’s teachers union over a KIPP school in the South Bronx.

The dispute, which prompted the charter network to file a federal lawsuit last March, centers on KIPP Academy Charter School  — the first of the network’s schools to open in the city — and whether it is covered by the contract between the city and the United Federation of Teachers.

The U.S. Court of Appeals for the Second Circuit refused to block the union from enforcing its contract at the school, effectively dismissing  KIPP’s lawsuit.

“We’ll review this decision and determine the next steps needed to ensure our teachers voices are heard and their decisions given the respect they deserve,” KIPP Superintendent Jim Manly wrote in a statement.

KIPP’s lawsuit was filed last year, a few months after explosive allegations from the UFT claiming that the school threatened to fire teachers who didn’t vote to decertify the union — a case that is being considered by the National Labor Relations Board. (A previous decertification effort, in 2009, was unsuccessful.)

Most charter schools are not unionized — a feature, many operators argue, that is essential for sidestepping burdensome rules that get in the way of offering a sound education. But KIPP Academy is a “conversion” charter school, an unusual arrangement in which a traditional public school morphs into a charter. The UFT argues that under state law its conversion status means its staff is covered by the contract that governs traditional public schools.

KIPP, on the other hand, has argued that its teachers never voted for union representation, and that the union historically has not represented the school’s teachers. “Other than collecting union dues from KIPP teachers and staff, the UFT never carried out any representative functions in relation to them,” according to KIPP’s complaint.

The dispute about whether the union’s contract applies also stems from a laundry list of contract violations brought by the UFT, and the union’s insistence that those complaints be heard by an arbitrator. Union officials said the complaints were motivated by a group of staff members who raised objections to their working conditions.

In 2016, a state judge refused to block the arbitration process, a partial victory for the UFT.

“Court after court has found that KIPP Academy needs to resolve these contract complaints rather than seeking to use the legal system to avoid its obligations,” UFT general counsel Adam Ross said in a statement on Tuesday.

For their part, KIPP staffers have petitioned the National Labor Relations Board for a vote to decertify the union — a case that is still pending. On Tuesday, KIPP officials said the charter network wants to hold that vote as soon as possible.

“We’re steadfast in our belief that our teachers deserve the chance to vote about UFT representation,” KIPP’s Manly said.

test scores

How did your school perform on TNReady tests? Search here for results

Student's group

Nearly 700 schools – more than 40 percent of schools in Tennessee – improved in student performance across most grades and subjects, according to a state release of 2018 test results. And 88 school districts or 60 percent met or surpassed student growth expectations.

Test score data for every public school in Tennessee was released Thursday by the state Department of Education.

You can search our database below to find out how students in your school performed. The results show the percentage of students in each school who are performing at or above grade level.

Note: The state doesn’t release data for an exam if fewer than 5 percent of students scored on grade level or if 95 percent of students were above grade level. An asterisk signifies that a school’s score falls in one of those two categories. 

colorado accountability

Test results can spell relief or gloom for state’s lowest performing schools and districts

File photo of sixth-grade students at Kearney Middle School in Commerce City. (Photo by Craig Walker, The Denver Post)

All three school Colorado districts under the gun to improve their academics showed some gains on test results released Thursday — but the numbers may not be enough to save one, Adams 14, from facing increased state intervention.

Of the three districts, only the Commerce City-based Adams 14 faces a fall deadline to bump up its state ratings. If the district doesn’t move up on the five-step scale, the state could close schools, merge Adams 14 with a higher-performing neighbor, or order other shake-ups.

The school district of Westminster and the Aguilar school district, also on state-ordered improvement plans, have until 2019 to boost their state ratings.

The ratings, expected in a few weeks, are compiled largely from the scores released Thursday which are based on spring tests.

District officials in Adams 14 celebrated gains at some individual schools, but as a district, achievement remained mostly dismal.

“We continue to see a positive trend in both English language arts and math, but we still have work to do,” said Jamie Ball, manager of accountability and assessment for Adams 14.

The district’s high school, Adams City High School, which has its own state order to improve its ratings by this fall, posted some declines in student achievement.

District officials said they are digging into their data in anticipation of another hearing before the State Board of Education soon.

In a turn likely to invite higher scrutiny, district schools that have been working with an outside firm, Beyond Textbooks, showed larger declines in student progress.

In part, Ball said that was because Beyond Textbooks wasn’t fully up and running until last school year’s second semester. Still, the district renewed its contract with the Arizona-based firm and expanded it to include more schools.

“Its a learning curve,” said Superintendent Javier Abrego. “People have to get comfortable and familiar with it.”

For state ratings of districts and high schools, about 40 percent will be based on the district’s growth scores — that’s a state measurement of how much students improved year-over-year, when compared with students with a similar test history. A score of 50 is generally considered an average year’s growth. Schools and districts with many struggling students must post high growth scores for them to get students to grade level.

In the case of Adams 14, although growth scores rose in both math and English, the district failed to reach the average of 50.

Credit: Sam Park
PARCC, district on state plans
Credit: Sam Park

Westminster district officials, meanwhile, said that while they often criticize the state’s accountability system, this year they were excited to look at their test data and look forward to seeing their coming ratings.

The district has long committed to a model called competency-based education, despite modest gains in achievement. The model does away with grade levels. Students progress through classes based on when they can prove they learned the content, rather than moving up each year. District officials have often said the state’s method of testing students doesn’t recognize the district’s leaning model.

“It’s clear to us 2017-18 was a successful year,” said Superintendent Pam Swanson. “This is the third year we have had upward progress. We believe competency-based education is working.”

The district posted gains in most tests and categories — although the scores show the extent of its challenge. Fewer than one in five — 19.6 percent of its third graders — met or exceeded expectations in literacy exams, up from 15.9 percent last year.

Students in Westminster also made strong improvements in literacy as the district posted a growth score of 55, surpassing the state average.

Westminster officials also highlighted gains for particular groups of students. Gaps in growth among students are narrowing.

Schools still on state ordered plans for improvement, and deadline for improvement

  • Bessemer Elementary, Pueblo, 2018
  • Heroes Middle, Pueblo, 2018
  • Risley International Academy, Pueblo, 2018
  • HOPE Online Elementary, Douglas 2019
  • HOPE Online Middle, Douglas, 2019
  • Prairie heights Middle, Greeley, 2019
  • Manaugh Elementary, Montezuma, 2019
  • Martinez Elementary, Greeley, 2019

Look up school results here.

One significant gap that narrowed in Westminster was between students who qualify for free or reduced-price lunch, a common measure of poverty, and those who don’t. In the math tests given to elementary and middle school students, the difference in growth scores between the two groups narrowed to three points from 10 points the year before, with scores hovering around 50.

Results in individual schools that are on state plans for improvement were more mixed. Three schools in Pueblo, for instance, all saw decreases in literacy growth, but increases in math. One middle school in Greeley, Prairie Heights Middle School, had significant gains in literacy growth.

The Aurora school district managed to get off the state’s watchlist last year, but one of its high schools is already on a state plan for improvement. Aurora Central High School has until 2019 to earn a higher state rating or face further state interventions.

Aurora Central High’s math gains on the SAT test exceeded last year’s, but improvement on the SAT’s literacy slowed. The school’s growth scores in both subjects still remain well below 50.

Look up high school test results here.