Making the grade

Tennessee schools soon will receive letter grades. But will poverty be considered?

Tennessee is developing a new system to evaluate its schools based on the same A-F grading scale its students receive. But not everyone agrees on what should constitute an A.

This week, officials with the State Department of Education looked closely at grading models as they seek to comply with both a new state law that requires each school be assigned a letter grade and a new federal law that focuses on all aspects of school accountability.

Education Commissioner Candice McQueen has strong feelings about what shouldn’t be a factor: poverty.

“Poverty … shouldn’t be the reason you don’t even have an opportunity to get an A,” she told the State Board of Education on Thursday.

As such, state officials are proposing two avenues for schools to get an A on achievement: 1) high test scores, which would tend to favor schools with fewer poor students and more resources, and 2) substantial test score growth, which would provide a pathway for schools that are more diverse.

But others think that opening up the top grade to schools that aren’t necessarily top performers would undermine the grading system.

Williamson County Schools Superintendent Mike Looney says growth is important, but that achievement scores are more important. He represents one of the state’s highest-performing and wealthiest districts and participated Thursday night in a town hall meeting in Nashville to discuss Tennessee’s accountability plan under the new federal Every Student Succeeds Act, or ESSA.

Earlier Thursday, Wendy Tucker, a State Board of Education member representing part of Nashville and Williamson County, expressed similar concerns. She said that including growth in a grade would be misleading, and not in the spirit of the state law.

“That statute was intended for parents to be able to look at a school and see what level of education they’re getting,” said Tucker, who is also co-CEO of Project Renaissance, a nonprofit organization focused on Nashville’s public schools. “I think growth is great. I just don’t think it’s an A.”

But McQueen and her team defended the two-pronged model. Test scores don’t paint the full picture of school quality, said Assistant Commissioner Nakia Towns. “Just because you walk into a school that has a lot of high-achieving students does not mean there’s a culture of excellence there,” Towns said.

McQueen added that the state’s education messaging as a whole has been around growth, rather than raw achievement. Education leaders often tout Tennessee as “the fastest improving in the nation” as the state’s scores on national tests have moved from the bottom to the middle.

“Growth is the model we have used, and it has really worked for Tennessee,” McQueen said. “We believe that this is a fair, just model that we’ll continue to get feedback on.”

Under the state’s ESSA plan, one group of schools could not make an A. Schools that are dubbed “priority schools” — those ranking academically in the bottom 5 percent that also have low growth scores for two consecutive years — would receive automatic Fs.

While test scores or growth would be the driving factor in a school’s grade under the state’s proposed plan, schools also would be evaluated on chronic absenteeism, graduation rates, access to college credit courses, and the proficiency rates of  English language learners.

ESSA requires for the first time that states give their schools “summative” ratings. Those ratings don’t have to be A to F letter grades, but Tennessee’s legislature passed a law last year requiring schools be assigned a letter grade. The legislation was promoted by the Foundation for Excellence in Education, a research and advocacy organization founded by former Florida Gov. Jeb Bush, and has been adopted in several other states.

One, Virginia, already has repealed school letter grades, in part because ‘F’ schools had difficulty recruiting teachers. Other critics charge that letter grades lack nuance and oversimplify the link between poverty and low test scores, potentially stigmatizing low-performing schools that receive Fs, as well as students who attend those schools.

deep cuts

New York City teachers don’t get paid maternity leave. Their paychecks prove it.

PHOTO: Emily James/Courtesy photo
Brooklyn high school teacher Emily James with her children.

Susan Hibdon opened her front door and saw nothing but white.

It was a day that would go down in tabloid headline history after schools Chancellor Carmen Fariña declared it “absolutely a beautiful day,” despite a forecast calling for 10 inches of snow. For Hibdon, a Brooklyn high school teacher, it was memorable for a different reason. It was exactly six weeks after she had given birth, which meant it was time to go back to the classroom.

She kissed her infant goodbye and headed into the wet February weather.

“If you want to pay your rent, you have to go right back to work,” she said. “That’s not just bad for the mother who just gave birth. That’s bad for everybody.”

New York City teachers have no paid maternity or family leave, a policy that takes a toll on teachers’ paychecks and creates deep gender inequity in an education workforce that is about 77 percent women.

Hibdon and fellow teacher and mother Emily James recently launched an online petition calling on the United Federation of Teachers to negotiate for paid leave, which is not included in any of the city’s contracts with unionized workers. Almost 78,000 people have signed on, and the women will present their request at the union’s executive board meeting on Monday.

“I think the irony of it sticks out to many people: These are women who are paid to raise children and they aren’t paid to raise their own children,” Hibdon said.

As it stands now, teachers who want to take paid time off after having a baby must use their sick days. The policy only applies to birth mothers, putting a strain on those who become parents through adoption or surrogacy, and fathers who want to take a leading role in the earliest moments of parenthood.

“We talk so much about parents being active in their child’s education,” said Rosie Frascella, a teacher who has also pushed for paid leave policies. “Well, let’s let teachers be active in their child’s education.”

For teachers, the policy packs a financial blow on multiple levels.

If a mother wants paid time off after giving birth, the only option is to use sick days. Women are limited to six weeks of sick time after a vaginal birth, and eight weeks after a C-section.

Teachers earn one sick day per school month. In order to save up for an eight-week leave, a teacher would have to work about four years without using any sick days.

Many women haven’t accrued that many days, so they can “borrow” sick days they haven’t yet earned. Teachers run into problems, though, if they actually get sick — or their children do — since they can only borrow up to 20 sick days. Once they hit that number, any additional time off is unpaid. And if a teacher leaves the education department, she must repay any sick days she borrowed.

Hidbon learned that the hard way. She has three children — and precious few sick days in the bank. Hidbon remembers a time that she completely lost her voice, but still had to go to work.

“No one could hear me. I had to conduct my entire class writing notes on the board,” she said. “I’m supposed to be teaching and I can’t do my job because of the way the system is set up — and my students are getting the short end of the stick.”

The crunch for sick time could lead to a financial blow later in a woman’s career. Teachers are allowed to accrue up to 200 sick days, and receive a payout for unused time when they retire. The city could not provide numbers for how many sick days men versus women retire with. But it makes sense that men would rack up far more since women with children are more likely to get stuck with a negative balance.

James, a Brookyln high school teacher and co-starter of the online petition, still has a negative balance of 16 sick days — almost three years after giving birth. The problem is compounded by the fact that women are more likely to take time off when a child is sick or there are other family obligations, a pattern that is seen in professions across the board.

“There were many times when I was so sick at work the kids were like, ‘Why are you here? Miss, go home,’” she said. “But it costs a lot of money to stay home.”

Even when women don’t have to borrow sick days, they can still lose financially. The city only allows women to use up to eight weeks of their banked time. Any additional days off are entirely unpaid.

Amy Arundell, a former director of personnel for the UFT, said many mothers stay home longer because of the federal Family and Medical Leave Act, which provides job protections for 12 weeks of leave.

“The people who don’t take 12 [weeks] obviously have real financial commitments” that make taking unpaid time off impossible, she said.

Women who take that time get hit with a double-punch to their salaries. Because of the way summer pay is calculated, unpaid time off results in a smaller summer paycheck, too. Arundell said the hit is usually equivalent to one paycheck.

Same sex-couples and those who become parents through surrogacy or adoption face many of the same financial setbacks, since only birth mothers are allowed to use sick time after having a baby.

After years on a waiting list, Seth Rader and his wife had only weeks’ notice that their adoptive baby was on the way. Since his wife was in grad school, the couple decided Rader would stay home with their new son — even though Rader, a Manhattan high school teacher, is the primary breadwinner at home.

“In a lot of ways, I’m much more bonded with him as a father, and him to me,” Rader said. “Are we really in a place where we want to discourage fathers from taking that role?”

At the time, the couple were saving for a down payment to buy a place of their own. After the expense of Rader taking off from work, they still are.

“I think all of this has to be affecting the sustainability of teaching,” he said. “If we create a system where people can’t imagine being teachers and parents at the same time, then that’s a loss.”

When it comes to the push for family leave, teachers have been left behind even as strides are made elsewhere. New York State recently passed a mandatory paid leave policy that will cover private employees. Last winter, Mayor Bill de Blasio signed a paid leave act for city employees.

But that benefit isn’t extended to workers with unions, like the United Federation of Teachers. Currently, no union in New York City has paid maternity leave, according to a city spokeswoman.

Teachers across the city are fighting to change that. The petition started by Hibdon and James calls on UFT President Michael Mulgrew to “fight for our teaching mothers.”

“They’re supposed to really care about what teachers are struggling with and they’re our voice,” James said. “I just wish that they would take this seriously.”

Both the city and the United Federation of Teachers say they have held talks to extend similar benefits to teachers. In an emailed statement, Mulgrew called family leave “an important issue for the UFT and its members.”

“In our talks so far, the city has failed to come up with a meaningful proposal,” he said.

In an article published in the UFT journal, which ran shortly after the city passed its parental leave policy, the union pointed out that gaining that benefit came at the cost of a scheduled raise for managers and fewer leave days for veteran employees.

According to the article, Mulgrew said he “looked forward to negotiations with the de Blasio administration for an appropriate way to expand parental benefits for UFT members.”

what's public?

Private managers of public schools, charter leaders enjoy extra buffer from public-records laws

PHOTO: Monica Disare
Eva Moskowitz, Success Academy Charter Schools CEO.

When Success Academy officials read the news last month that board chair Daniel Loeb had made a racially charged comment about a New York State senator, what did they do next?

Did Success CEO Eva Moskowitz frantically email confidantes about the incident? Did her team craft a new policy on board member conduct?

It turns out, we may never know.

That’s in part because emails sent by Moskowitz and other leaders of New York City’s largest charter network which oversees 46 public schools and 15,500 students are not subject to the same public-records laws as district school officials, such as Chancellor Carmen Fariña.

Moskowitz and officials at other charter school networks are generally exempt from the law because they don’t work for individual schools or city agencies, both of which are required to hand over certain records to members of the public who request them. Instead, they are employed by nonprofit groups called charter management organizations, or CMOs, which aren’t covered by the state records law.

“Success Academy Charter Schools, Inc. (SACS) is a private nonprofit organization that provides services to charter schools, but it is not itself a charter school or a government agency under FOIL,” wrote Success Academy lawyer Robert Dunn in response to an appeal of a Chalkbeat request for Moskowitz’s emails under the state’s Freedom of Information Law, which the network had denied. “Thus, it is not in and of itself subject to FOIL or required to have an appeal process.”

In addition, Success officials said the emails would not need to be released because they qualify as internal communications that are exempt from the public-records law.

The city’s most prominent charter school networks — including KIPP and Uncommon — have similar CMO structures, which appears to shield their leaders from at least some FOIL requests. While “the KIPP NYC public charter schools themselves are subject to the New York Freedom of Information Law,” KIPP spokesperson Steve Mancini said in an email, the “CMOs are not.”

But some government-transparency advocates argue that the law is not so clear cut.

Because CMOs are so heavily involved in the operation of public schools, it could be argued that the vast majority of their records are kept on behalf of public schools and should be public, said Bob Freeman, executive director of the Committee on Open Government and an expert on public-records laws.

Even though nonprofits aren’t covered by FOIL, he said, “Everything you do for an entity that is subject to FOIL — everything you prepare, transmit, and receive — falls within the scope of FOIL.”

Success Academy officials emphasized that the network does not categorically deny public-records requests involving its management organization. For instance, it may hand over CMO records related to the daily operation of its schools, the officials said. The network decides on a case-by-case basis which CMO records are public and which are not, they added.

“We follow the same policies as all other charter management organizations,” said Nicole Sizemore, a Success Academy spokeswoman.

Uncommon Schools spokeswoman Barbara Martinez said that their individual schools are subject to public-records requests and the nonprofit CMO releases budget information on its public tax forms.

“Uncommon Schools is a non-profit organization that follows all local, state and federal laws regarding disclosure,” she said in a statement.

However, because public-records laws mainly apply to government agencies and institutions, it is likely that some important communications related to charter schools — such as charter officials’ emails to real-estate companies, for example and detailed financial records related to their CMOs would be off limits to the public.

The issue of charter management transparency flared up in Connecticut a few years ago.

After the state accused a CMO of nepotism and financial mismanagement of its charter schools, the Hartford Courant requested CMO records under the state’s Freedom of Information law. The CMO refused to hand them over, saying, “We are not a public agency.”

In response, state lawmakers proposed a law to increase CMO transparency and subject them to public-records laws. After charter advocates decried the law as overly broad, lawmakers amended it and the law was passed. (A similar bill was recently introduced in the California legislature but did not pass.)

Similar scandals involving CMOs could happen elsewhere, said Wendy Lecker, an attorney at the Education Law Center. During the debate in Connecticut, she called for making all CMO records public.

“Something done on behalf of a school should be subject to transparency and Freedom of Information laws,” she said. “I don’t see why they’d want to shield the public from that.”

A large number of charter schools are run by charter management organizations. In 2015, about 55 percent of New York City charter schools were managed by CMOs, according to the National Alliance for Public Charter Schools.

The nonprofits help their schools hire, pay, and train staff; analyze data; and handle advertising and public relations, according to a report by the NAPCS. The report notes that these organizations are distinct from textbook companies or other vendors that schools contract with because CMOs “have considerable influence over the instructional design and operations of their affiliated charter schools.”

The nonprofit structure has enabled networks to open new schools more easily, including ones in multiple districts and states, said James Merriman, CEO of the New York City Charter School Center.

Even if New York’s public-records laws applied to CMOs, that would not guarantee that all their records would be accessible or easy to obtain.

New York City’s education department, for instance, is notorious for dragging its feet on FOIL requests. And some information is also exempt from the public-records law.

For instance, opinions or recommendations from within an agency or from outside consultants are exempt from public disclosure. Success’ lawyer argued that even if the network’s executives were subject to public information requests, Moskowitz’s emails to or about Loeb would fall under this “inter-agency” communication exception.

However, government agencies would still have to supply the requested emails, just with the exempted information redacted, said Allan Blutstein, the public-records advisor for the political opposition research group America Rising. Even redacted emails can provide a wealth of information, Blutstein said, since simply seeing when the emails were sent, who they were sent to, and how many were exchanged provides insights into how the organization responded.

“You may not get his or her personal opinion back and forth, but there’s value in knowing how soon they reacted, how soon they’re responding to other people,” Blutstein said. “You can make these types of inferences and learn a lot.”

In addition, institutions that are subject to FOIL must hand over more detailed budget information than nonprofits typically disclose, Blutstein said. While nonprofits are required to release general information, like how much they spend on supplies or training, public institutions must hand over almost every record, he said.