courtside

Lawsuit seeks to halt program designed to increase integration at New York City’s specialized high schools

PHOTO: Christina Veiga/Chalkbeat
Asian-American parents and community leaders gathered in Brooklyn to learn about a lawsuit against part of the city's plan to integrate specialized high schools.

Mayor Bill de Blasio’s push to integrate the city’s specialized high schools now faces a legal challenge, which could potentially disrupt the current admissions cycle to the elite schools.

On Thursday, Asian-American parents and community organizations filed a lawsuit claiming the city’s diversity plans unfairly hurt their children’s chances of getting into a specialized high school, the Wall Street Journal first reported.

The suit targets the city’s planned expansion of the Discovery program, which offers admission to students who scored just below the cutoff on the exam that is the sole entrance criteria.

The law firm representing the plaintiffs has also asked for a preliminary injunction while the lawsuit is pending. The Pacific Legal Foundation, a non-profit firm with conservative, libertarian leanings, argues that “the challenged plan will impact imminent admission decisions — i.e. this admissions season.” If an injunction were granted it could unsettle an  admissions process already underway for the city’s current eighth graders, who took the test that determines admissions in October or early November.

The lawsuit arrives atop a  wave of anger from some in the city’s Asian-American community, whose children make up a disproportionate percentage of the enrollment at specialized high schools. Citywide Asian students represent 16 percent of the student population but comprise 62 percent of those at the sought-after subset of schools.

Currently, Discovery participants are mostly Asian: This year, those students made up 64 percent of those admitted to specialized schools through the program.

The city is planning a two-year expansion of Discovery to eventually account for 20 percent of seats at each specialized high school. Officials are also tweaking the program so that, in order to qualify, students must come from a middle school where at least 60 percent of students are economically needy. By doing so, the city estimates black and Hispanic enrollment in specialized high schools will increase from about 10 percent to about 16 percent. Citywide, those students comprise almost 70 percent of enrollment.

But the lawsuit argues the changes are discriminatory and would disproportionately shut out Asian students. It also claims the program’s expansion would make it more difficult to get into a specialized high school by limiting the number of seats available to students who aren’t in Discovery.

“We all have the American dream of equal opportunity,” Yi Fang Chen, a mother who is part of the suit, said in a press release. But she said the changes to Discovery are like “taking someone else’s dream away.”

An education department spokesman did not comment directly on the lawsuit, but said the city’s plans would “expand opportunity and raise the bar” at specialized high schools.

“Our schools are academically stronger when they reflect the diversity of our city,” spokesman Will Mantell wrote in an email.

At a community meeting in Brooklyn to discuss the suit, Asian parents were encouraged to keep up public pressure on the city to help build support for their cause.

“We’re just here to fight for our rights,” one father said. “We want to be heard.”

Time crunch

Specialized high schools lawsuit could delay admissions decisions, New York City says in court filings

PHOTO: Christina Veiga/Chalkbeat
Asian-American parents and community leaders gathered in Brooklyn to learn about a lawsuit against part of the city's plan to integrate specialized high schools.

New York City students may have to wait longer than usual to learn where they’ve been accepted to high school as the city prepares for a ruling in a lawsuit challenging integration efforts, according to court records filed Wednesday.

The city asked Judge Edgardo Ramos to rule by Feb. 25 on a preliminary injunction to block admissions changes aimed at enrolling more black and Hispanic students in the city’s prestigious but segregated specialized high schools.

A decision would be needed by then in order to meet the “latest feasible date to mail offer letters,” which the city says would be March 18 given the tight timeline around the admissions process.  The delay would apply to all students, not just those vying for a seat at a specialized high school. 

“DOE is mindful that a delay in the mailing of high school offers will increase anxiety for students and families, cause complications for those students considering private school offers, and require specialized high schools and non-specialized high schools to reschedule and restaff open houses,” the letter said.

A spokesman for the education department said the city will “communicate with families when a final offer date has been determined.” Letters were originally scheduled to be sent by March 4.

Filed in December, the lawsuit against the city seeks to halt an expansion of the Discovery program, which offers admission to students who scored just below the cutoff on the exam that is the sole entrance criteria for specialized high schools. The Discovery expansion, slated to begin this year, is one piece of Mayor Bill de Blasio’s plan to diversify the elite high schools.

Asian-American parents and community organizations say the expansion unfairly excludes their children. Asian students make up 62 percent of enrollment at specialized high schools, but comprise only 16 percent of the student body citywide.

The suit calls for a preliminary injunction, which would put the Discovery expansion on hold while the case winds its way through the courts — and would disrupt the admissions cycle already underway for eighth-graders enrolling in high school next year. The process of matching students to specialized high schools was scheduled to begin this week, the city’s letter states.

The plaintiffs wrote a letter supporting the city’s timeline for a decision on the preliminary injunction, saying their aim is to stop the proposed admissions changes “before they can have the anticipated discriminatory effect.”

Hitting pause on the Discovery program expansion would mean the education department has to recalculate the cutoff score for admission to specialized high schools, consult with principals, work with the test vendor to verify scores, and generate offer letters to send to students, city attorney Marilyn Richter wrote in a letter to the judge.

The education department “has never made such a significant course adjustment midstream in the process before,” she wrote.

Education Inequalities

Is Michigan ready for a ‘grand bargain’ to improve its struggling education system?

PHOTO: Lori Higgins/Chalkbeat
Teresa Weatherall Neal, superintendent of the Grand Rapids school district, speaks during a panel discussion that also featured, from left, Detroit Free Press columnist Rochelle Riley, Detroit Superintendent Nikolai Vitti and former U.S. Education Secretary John King.

A new political dynamic in Lansing has put Michigan in a position to potentially see the kind of education transformation that helped catapult Massachusetts to its status as the top-performing state in the nation, says a former U.S. Secretary of Education.

That bit of optimism from John King, who served as education secretary from 2016 to 2017 and is now the president and CEO of The Education Trust, came after nearly three hours of sobering discussion during an event Wednesday about the need to address inequities in education in Michigan.

Several times, King used the term “grand bargain” to describe what Michigan needs. It’s a term many Detroiters will remember from the Detroit bankruptcy and the deal that was a key part of getting the city out of bankruptcy.

As it relates to education, the term “grand bargain” has been used to refer to the bipartisan agreement struck more than two decades ago in Massachusetts that had broad buy-in from business and education groups, teachers, and parents, to improve academic achievement. The gist: The state invested more money in schools. In return, standards and accountability were increased.

King said Michigan is poised to reach the same consensus and invest more money in education, in particular investing money more equitably so the highest-need students are getting the most funding. He said there needs to be a thoughtful approach to accountability, as well as more investments in teacher preparation and support.

He sees it happening because of new leadership at the state level, including Democratic Gov. Gretchen Whitmer and new Republican leaders of the House and Senate.

“This is a moment where the new leadership in Lansing could come together … and it could be truly transformative.”

The event Wednesday, which took place at the Charles H. Wright Museum of African American History, was organized by the Education Trust-Midwest, a Royal Oak-based education advocacy and research organization. The topic was inequities in education and the need to provide equitable opportunities for children regardless on where they live.

Amber Arellano, executive director of the organization, said Michigan ranks 43rd out of 47 states for the funding gap between poor and wealthy school districts.

“Students and families pay the price for this under-investment,” Arellano said.

She said the experiences of states like Massachusetts that have seen striking improvement provide hope for Michigan because they show transformation can happen over five to 10 years.

Michigan has been falling behind other states in performance on the National Assessment of Educational Progress, a national exam that tests a representative sample of students in each state. The state’s performance, in fact, has shown little to no improvement over the last decade.

“We rise and we fall together. In Michigan’s case, we’re falling together,” Arellano said.

The audience at the event’s two panel discussions also heard from speakers such as Nikolai Vitti, superintendent of the Detroit school district. He said that often, when K-12 educators talk about the need for more resources, “you see the rolling eyes of lawmakers.”

But, Vitti said, “It takes funding to educate children. And it takes more funding to educate children who enter … with more challenges.”

Panelists agreed that Michigan is at a pivotal moment because of its new leadership. And they came up with solutions they think will make a difference.

Melody Arabo, outreach specialist at EdReports.org and former Michigan Teacher of the Year, said the state needs to address a lack of resources for educators. She said that in a classroom of 30 students, a teacher can have some reading at the kindergarten level and others “who can read better than I can.”

The materials that teachers have “are not meeting those needs. Teachers spend an average of 12 hours a week going online looking for resources.”

David Meador, vice chairman and chief administrative officer of DTE Energy, said Michigan should look at what successful states have done and adopt best practices. Just as important, he said:“Stick with it. Don’t change it every year.”

For King, the solution to improving schools is simple and starts at a young age.

“If Michigan is going to improve, it will need a surge in high quality early learning that prepares every child for kindergarten or beyond,” King said.