upset

Progressive Democrats’ surprise wins in N.Y. primaries leave charter school advocates in limbo

PHOTO: Geoff Decker/Chalkbeat
N.Y. State Sen. Jeff Klein, seen at the right at a 2015 charter rally in Albany, lost his primary election in 2018.

A longstanding threat to charter school growth could become more pressing this year now that progressive Democrats are poised to claim more seats in New York’s State Senate.

More than half a dozen incumbent senators who have supported charter schools lost their primary challenges Thursday, leaving charter advocates without key allies in Albany at a time when lawmakers will have to act if many more of the publicly funded, privately managed schools are to open.

If Republicans retain control of the senate in November’s general election, the shift might not matter much: Democratic critics of charter schools won’t have the power to control legislation affecting the sector.

But if, as many observers consider probable, Democrats take control of the chamber, the ascendance of progressive candidates could spell trouble for efforts to lift limits on charter schools, known as the charter cap. While the Democratic senators who were defeated on Thursday largely backed lifting the cap, their replacements are unlikely to do so.

Right now, 28 more charter schools can get permission to open in New York City, according to the New York City Charter School Center, and those approvals are likely to happen by early 2019. If lawmakers don’t lift the cap in their next legislative session, no new charter schools will be able to get permission to open in the city unless other schools are closed. (The law allows for more schools to open in other parts of the state.)

Charter advocates were optimistic that the current legislature would raise the cap. Now, they’re concerned that next year’s lawmakers might instead grind the sector’s rapid expansion to a halt.

“Charter schools are clearly working, students are learning, parents want their kids in them,” said James Merriman, the charter center’s CEO. “We — the center and the sector — are not going to change our message or our push to eliminate the cap.”

Six of the Democratic incumbents unseated on Thursday were part of the now-defunct Independent Democratic Conference, a breakaway group that voted with Republicans on many issues, including those related to charter schools.

And many of them had received major donations from charter school supporters, including hedge fund executives Daniel Loeb and Paul Singer and the advocacy group StudentsFirstNY.

The lawmaker who led the breakaway group, Jeffrey Klein of the Bronx and Westchester County, appeared at charter school rallies and was considered a reliable counterweight to fellow Democrats who are critical of charter schools. He lost to Alessandra Biaggi, a former aide to Gov. Andrew Cuomo whose platform includes a vow to “stop siphoning money to privately run charter schools.”

Jose Peralta of Queens and Martin Dilan of Brooklyn (who had not voted with Republicans) got donations this year from StudentsFirstNY, a charter advocacy group.

Dilan was defeated by Julia Salazar, whose platform explicitly includes “maintaining the charter cap, making sure our school system remains publicly governed and controlled by all of us.”

Peralta’s challenger, Jessica Ramos, does not mention charter schools in her official platform, but she said she opposes them during a debate with Peralta, according to a Queens newspaper.

StudentsFirstNY Executive Director Jenny Sedlis said in a statement that the group would keep pushing its agenda with the newest crop of lawmakers.

“It’s clear that voters are passionate and engaged, and we are working to mobilize that energy to improve public schools and expand opportunity to more kids,” she said in a statement. “We look forward to working with electeds on all ends of the political spectrum to benefit children.”

But gaining any traction with the latest crop of state senators is likely to be a challenge for the group. Other winners of the competitive races have opposed charter school growth in New York City in the past.

John Liu, the former city comptroller, will be the Democratic nominee in the Queens district that Tony Avella has represented since 2010. As a mayoral candidate in 2013, Liu said he would charge rent to charter schools in city space — at the time considered a potentially crippling threat to the sector.

And then-City Council education chair Robert Jackson, who beat Marisol Alcantara in the senate district that includes Harlem, in 2011 sued the city to stop charter schools from opening in district buildings.

The primary winners in the State Senate are considered likely to win in November’s general election because they come from districts that have recently elected Democrats. That leaves charter advocates relieved that Cuomo, a longtime charter supporter with significant power under the state’s lawmaking process, easily fended off a challenge from actress and education advocate Cynthia Nixon — but also in limbo as they await a potential reorganization of power in Albany.

“I hope this transcends politics and who’s in and who’s out,” Merriman said. “But we’re going to have to see.”

NO DEAL

Talks collapse, Denver teachers to vote on strike

PHOTO: Erica Meltzer/Chalkbeat

The Denver teachers union will hold a vote on whether to strike after months of negotiations over pay ended in deadlock.

The bargaining team of the Denver Classroom Teachers Association and officials with Denver Public Schools met all day Friday and exchanged several proposals, but they could not close a gap of more than $8 million between the two sides.

Around 10:30 p.m., Superintendent Susana Cordova said the district’s analysis found the union’s latest proposal would actually widen the money gap between the two sides, but said the district wanted to keep talking.

“It’s late, but it’s not midnight,” she said, referring to the deadline to reach an agreement.

Rob Gould, a special education teacher and member of the bargaining team, ended the discussions at that point.

“We came here tonight in good faith,” he said. “We came to correct a longstanding problem in Denver. We made movement tonight, and we’re going to talk to our teachers tomorrow.”

The room packed with red-shirted teachers erupted in cheers. Some were also crying.

Becca Hendricks, a math teacher at Emily Griffith Technical College and a member of the bargaining unit, said she felt mixed emotions at the prospect of a strike: excited at the ability to make a big change for teachers and weighed down by the responsibility.

“It doesn’t feel good,” she said. “It impacts a lot of lives.”

Cordova said she was disappointed that the union called off talks.

“We’re not at the end of the day,” she said after the meeting broke up. “We were really willing to keep talking.”

For Hendricks, it didn’t seem like there was anywhere to go.

“It became clear that the money was not a place they were going to move,” she said. “That’s a hard sticking point for us. We’ve had little to no increases for so many years, so it will take a lot of money to make up all the damage that has accrued.”

A strike requires a vote of two-thirds of the union members who cast votes, which represents about 64 percent of Denver teachers, according to the union. Teachers can join the union even on the day of the vote, which will occur on Saturday and Tuesday, but they must be members to vote.

Cordova said she would ask the state to intervene if there is a positive strike vote. The state could require the two sides to do mediation, use a fact-finder, or hold hearings to try to reach a resolution. But the state can also decline to intervene if officials don’t believe they can be productive. That intervention would delay a strike but not prevent one if the two sides still can’t agree.

The earliest that a strike could occur is Jan. 28.

Denver teachers are feeling emboldened by a surge in activism by their peers across the country that began last year and continues to build. The vote here comes as a teachers strike in Los Angeles enters its second week.

The Denver Classroom Teachers Association and Denver Public Schools are not negotiating their master contract — that deal was finalized in 2017 — but rather the ProComp system, which provides teachers bonuses for things like teaching in a high-poverty school, getting strong evaluations, having students who earn high test scores, or teaching in a high-performing school.

Denver voters approved a special tax to pay for these bonuses in 2005, which today generates around $33 million a year.

That system has been through several iterations but has been a source of frustration for many teachers because their pay was hard to understand and changed based on factors they could not control. District officials and the majority of the school board believe it is critical to keep bonuses for teachers who work in high-poverty schools as a way to retain those teachers. Turnover is a major problem in these schools and has big effects on students.

The average Denver teacher earns about $51,000 in base pay and $57,000 with incentives, according to data from the state education department and the district. That’s less than teachers in districts like Boulder Valley, Cherry Creek, and Littleton.

Both sides’ proposals moved teachers to much more predictable salary schedules that allowed for reliable raises if teachers stayed with the district and earned more education. The district proposal put an additional $20.5 million into teacher compensation, while the union’s last offer put an extra $28 million toward compensation.

The district spends about $436 million a year on teacher pay. The money for the raises would come from a combination of increased state funding and cuts to central office staff that Cordova described as deep and painful.

In addition to the total amount of money, the status of those high-poverty bonuses was a major sticking point. The district wants higher bonuses, and the union wants to put more of that money into base pay.

“To be able to bridge the gap between what is the difference in our two proposals is more than the $8 million that they were talking about because we were not willing to compromise on the need to recruit and retain teachers in our high poverty schools,” Cordova said. “We know for purposes of equity that it is so important to retain teachers in our schools that need them the most.”

But union members argued that a more reliable way to keep these teachers, who are often relatively early in their career, would be to offer them ways to more quickly increase their salary and have more stability in their economic situation. They said every other district in the region uses a reliable salary schedule, and Denver should, too.

That stance marks a major departure from some of the ideas in ProComp, among a suite of policies that have earned Denver a national reputation as an education reform hotbed over the last two decades, though both sides’ proposals met the letter of the ballot language.

Hendricks described driving a Lyft, delivering food, and tutoring to make ends meet, despite having 11 years of experience, a master’s degree, and working with at-risk students at the Emily Griffith campus. She had to move out of Denver and still has a roommate at 33 years old.

Hendricks said the union’s proposal offers higher lifetime earnings and the ability to earn raises more quickly. Cordova argues the district proposal is the stronger one for teachers, representing the largest single increase for teachers in district history and one that will give Denver teachers higher lifetime earners than those in any other metro area district.

Both sides will be trying to make their case over the next four days to teachers weighing their own compensation, the best interests of their colleagues and students, their savings accounts, and other factors in a strike vote.

More than 5,300 teachers and specialized service providers, such as social workers, psychologists, and speech language pathologists work in 147 district-managed schools. Roughly 71,000 students attend those schools.

Another 21,000 students attend Denver’s 60 charter schools.  Charter teachers are not union members, and those schools will not be affected by whatever happens next.

Cordova said she was committed to keeping schools open and providing a quality educational experience for students even if there is a strike. In Los Angeles, where teachers are also on strike, many students are watching movies and playing games during the school day. The district will offer higher pay to substitute teachers and deploy central office staff to classrooms with prepared lesson plans, she said.

Students who get subsidized lunches will still be able to eat at school.

counter-point

Four takeaways from New York City’s response to discrimination charges in specialized high schools lawsuit

PHOTO: Flickr
Brooklyn Technical is one of the city's prestigious specialized high schools.

New York City lawyers are asking a judge to allow the education department to move forward with admissions changes aimed at better integrating the city’s elite specialized high schools, saying the tweaks are not meant to discriminate against Asian students.

Instead, lawyers for the city argue the changes serve the “most disadvantaged” students, leading to “greater geographic and socioeconomic diversity” in the schools, “which may in turn increase racial diversity.”

At issue: The city’s plan to expand the Discovery program, which offers admission to students who score below the cutoff on the exam that currently stands as the sole entrance criteria to eight specialized high schools. The city also wants to change who qualifies for the program, limiting Discovery to students who attend schools where at least 60 percent of their peers are economically needy. (Previously, eligibility was based only on each students’ individual need.)

In December, Asian-American parents and organizations sued the city, claiming the reforms would discriminate against their children. They asked for a preliminary injunction, which would prevent the changes from going forward until the court case is decided — and affect the current admissions cycle already underway for eighth-graders enrolling in high school next year.

Asian students make up 62 percent of enrollment in the specialized high schools, but only 16 percent of students citywide. Meanwhile, black and Hispanic students comprise just 10 percent of enrollment in the eight schools, but 70 percent of enrollment citywide.

The city’s lawyers make a number of arguments in defense of the admissions overhaul, claiming the plaintiffs can’t bring the case because they don’t have the proper legal standing, and that it’s in the government’s interest to promote school diversity.

We already know the suit is likely to cause a delay in when students receive their high school admissions offer letters — dragging out what is already a stressful process for many families. Here are four other takeaways from the city’s response, which you can read here.

We finally know how many students will be admitted through Discovery this year, if the expansion is allowed to move forward.

Enrollment through the Discovery programs is expected to grow to 13 percent of seats at specialized high schools this summer, city lawyers wrote. That would bring the total number of students admitted through Discovery to 528, more than double last summer’s class of 252.

City leaders have previously said Discovery would be expanded gradually to eventually account for 20 percent of seats by the 2020-2021 school year. But it had been unclear until now what this year’s expansion numbers would be.

It’s uncertain whether the expansion will work as city leaders hope.

The city projects that black and Hispanic enrollment at specialized high schools would increase only modestly under the full Discovery expansion: from 9 percent to 16 percent. But city lawyers called that a “rough prediction, unlikely to definitively predict the future ethnic and racial composition of the students.”

The city’s modeling didn’t account for how many students might turn down offers to enroll in Discovery, according to court filings.

Of course, it’s possible the city is playing up the uncertainty of demographic changes for the purposes of the court fight.

Years later, a federal civil rights investigation into the specialized high schools’ admissions process is still open.

In 2012, the NAACP Legal Defense and Education Fund and other organizations filed a civil rights complaint with the U.S. Department of Education over the lack of diversity at the city’s specialized high schools.

The complaint argued that the admissions test for the sought-after schools had a disparate impact on black and Hispanic students and also took aim at the city for letting the Discovery program wither. (By 2011, only four of the high schools participated in Discovery, according to court records.)

Although the complaint hasn’t made headlines in years, it’s still under investigation, city lawyers wrote.

The Office of Civil Rights “has requested and received from DOE numerous documents and had interviewed a number of witnesses,” according to court records.

Some light was shed on how the Discovery expansion was crafted behind the scenes.

For years, Mayor Bill de Blasio promised to tackle admissions reform for the specialized high schools — but he waited until his second term to announce the proposal that’s now being challenged in court. Now we know a little more about how the current proposal was drafted.

The plan to expand Discovery and change eligibility was developed by a “decision-making group” of unnamed officials and led by Deputy Chancellor Josh Wallack, according to a statement Wallack submitted to the court. The group, in turn, recommended the changes to the schools chancellor, Richard Carranza.

“I believe the decision-making group’s recommendation was decisive in the chancellor’s decision to expand the Discovery program and adopt the revised criteria,” Wallack’s statement says.