tried and true

Teachers union lawsuit takes aim at 22 school closures

For the second time in two years, the city teachers union is suing to stop the Bloomberg administration from closing schools and opening new ones in their place.

The union’s lawsuit, which it filed along with the NAACP and a host of elected officials and parents, challenges plans to close 22 of the 26 schools that education officials hope to phase out this year.

Last year, the union successfully stopped the city from closing 19 schools by persuading a State Supreme Court judge that the closures violated various requirements in the state’s education law. These ranged from not following the law about public notification of hearing dates to failing to failing to map out the predicted impact of school closures.

This year, the city took pains to follow public notification rules, beginning the process earlier in the year, and by last month, 26 schools had ended up on the chopping block.

Perhaps as a result, the United Federation of Teachers’ argument against closures this year is broader and more complicated. And unlike last year, the union is also seeking to prevent charter schools from moving into public school buildings, charging that the city did not prove the co-locations would be equitable.

“The department continues to insist that phase-outs and closures of schools and co-locating untested schools is the answer, while depriving the remaining students in those designated, 22 schools of the resources to succeed academically,” said Kenneth Cohen of the NAACP at a press conference this morning.

Chancellor Dennis Walcott — who said he learned about the suit not from UFT President Michael Mulgrew but from a reporter this morning — said he was “saddened” by the suit. As deputy mayor, Walcott decried the NAACP last year for its involvement in the school closure lawsuit because he said the group prevented the city from improving school choices.

“We totally disagree with the union,” Walcott said. “We have met the letter of the law and we will continue to meet the letter of the law as far as these schools are concerned.”

The new suit offers a suite of justifications for why the city’s plans should be stopped. It argues that the city did not keep its promises to help the schools that were originally slated to close last year avoid closure next year. Extra staff and support services that the city promised to provide in a settlement agreement with the union often did not surface, the suit alleges.

(In fact, academic performance at some schools on last year’s closure list has improved so much that the department did not try to close them again this year.)

The suit also argues that Panel for Educational Policy was wrong to approve charter school co-locations when the city had not provided enough information about the co-locations’ impact. And it charges that schools on the state’s lists of failing schools require state approval for closure — a step that has not been a public part of the closure process in recent memory.

This year’s lawsuit includes 15 of the 19 schools in last year’s suit and adds seven more. Four schools that are slated for closure this year are not included in the lawsuit. “These 22 were the strongest cases we have,”  said Dick Riley, a UFT spokesman.

Because the lawsuit comes so late in the school year, city officials say that it threatens to upend enrollment and space plans set to go into effect within months. Students have already been admitted to high schools, which make up 15 of the schools named in the lawsuit, and the 18 charter schools the union is seeking to limit have also admitted new students for next year.

“Students who have been accepted will have to wait and wonder,” Walcott said.

Walcott promised that the city would push hard to carry out its plans.

“We’re going to litigate it,” he said. “We will fight to make sure we’re going to phase out those schools.”

UFT School Closure Suit 2011

Betsy DeVos

To promote virtual schools, Betsy DeVos cites a graduate who’s far from the norm

U.S. Education Secretary Betsy DeVos spoke to the National Alliance for Public Charter Schools in June.

If Betsy Devos is paying any attention to unfolding critiques of virtual charter schools, she didn’t let it show last week when she spoke to free-market policy advocates in Bellevue, Washington.

Just days after Politico published a scathing story about virtual charters’ track record in Pennsylvania, DeVos, the U.S. education secretary, was touting their successes at the Washington Policy Center’s annual dinner.

DeVos’s speech was largely identical in its main points to one she gave at Harvard University last month. But she customized the stories of students who struggled in traditional schools with local examples, and in doing so provided an especially clear example of why she believes in virtual schools.

From the speech:

I also think of Sandeep Thomas. Sandeep grew up impoverished in Bangalore, India and experienced terrible trauma in his youth. He was adopted by a loving couple from New Jersey, but continued to suffer from the unspeakable horrors he witnessed in his early years. He was not able to focus in school, and it took him hours to complete even the simplest assignment.

This changed when his family moved to Washington, where Sandeep was able to enroll in a virtual public school. This option gave him the flexibility to learn in the quiet of his own home and pursue his learning at a pace that was right for him. He ended up graduating high school with a 3.7 GPA, along with having earned well over a year of college credit. Today, he’s working in finance and he is a vocal advocate for expanding options that allow students like him a chance to succeed.

But Thomas — who spoke at a conference of a group DeVos used to chair, Advocates for Children, in 2013 as part of ongoing work lobbying for virtual charters — is hardly representative of online school students.

In Pennsylvania, Politico reported last week, 30,000 students are enrolled in virtual charters with an average 48 percent graduation rate. In Indiana, an online charter school that had gotten a stunning six straight F grades from the state — one of just three schools in that positionis closing. And an Education Week investigation into Colorado’s largest virtual charter school found that not even a quarter of the 4,000 students even log on to do work every day.

The fact that in many states with online charters, large numbers of often needy students have enrolled without advancing has not held DeVos back from supporting the model. (A 2015 study found that students who enrolled in virtual charters in Michigan, Illinois, and Wisconsin did just as well as similar students who stayed in brick-and-mortar schools.) In fact, she appeared to ignore their track records during the confirmation process in January, citing graduation rates provided by a leading charter operator that were far higher — nearly 40 points in one case — than the rates recorded by the schools’ states.

She has long backed the schools, and her former organization has close ties to major virtual school operators, including K12, the one that generated the inflated graduation numbers. In her first week as education secretary, DeVos said, “I expect there will be more virtual schools.”

Correction: An earlier version of this article misstated the location of the dinner.

expansion plans

Here are the next districts where New York City will start offering preschool for 3-year-olds

PHOTO: Christina Veiga
Schools Chancellor Carmen Fariña, left, and Mayor Bill de Blasio, center, visited a "Mommy and Me" class in District 27 in Queens, where the city is set to expand 3-K For All.

New York City officials on Tuesday announced which school districts are next in line for free pre-K for 3-year-olds, identifying East Harlem and the eastern neighborhoods of Queens for expansion of the program.

Building on its popular universal pre-K program for 4-year-olds, the city this year began serving even younger students with “3-K For All” in two high-needs school districts. Mayor Bill de Blasio has said he wants to make 3-K available to every family who wants it by 2021.

“Our education system all over the country had it backwards for too long,” de Blasio said at a press conference. “We are recognizing we have to reach kids younger and more deeply if we’re going to be able to give them the foundation they need.”

But making preschool available to all of the city’s 3-year-olds will require an infusion of $700 million from the state or federal governments. In the meantime, de Blasio said the city can afford to expand to eight districts, at a cost of $180 million of city money a year.

Funding isn’t the only obstacle the city faces to make 3-K available universally. De Blasio warned that finding the room for an estimated 60,000 students will be a challenge. Space constraints were a major factor in picking the next districts for expansion, he said.

“I have to tell you, this will take a lot of work,” he said, calling it “even harder” than the breakneck rollout of pre-K for all 4-year-olds. “We’re building something brand new.”

De Blasio, a Democrat who is running for re-election in November, has made expansion of early childhood education a cornerstone of his administration. The city kicked off its efforts this September in District 7 in the South Bronx, and District 23 in Brownsville, Brooklyn. More than 2,000 families applied for those seats, and 84 percent of those living in the pilot districts got an offer for enrollment, according to city figures.

According to the timeline released Thursday, the rollout will continue next school year in District 4 in Manhattan, which includes East Harlem; and District 27 in Queens, which includes Broad Channel, Howard Beach, Ozone Park and Rockaways.

By the 2019 – 2020 school year, the city plans to launch 3-K in the Bronx’s District 9, which includes the Grand Concourse, Highbridge and Morrisania neighborhoods; and District 31, which spans all of Staten Island.

The 2020 – 2021 school year would see the addition of District 19 in Brooklyn, which includes East New York; and District 29 in Queens, which includes Cambria Heights, Hollis, Laurelton, Queens Village, Springfield Gardens and St. Albans.

With all those districts up and running, the city expects to serve 15,000 students.

Admission to the city’s pre-K programs is determined by lottery. Families don’t have to live in the district where 3-K is being offered to apply for a seat, though preference will be given to students who do. With every expansion, the city expects it will take two years for each district to have enough seats for every district family who wants one.