Two Developments

UFT, city agree to court date; two charter schools jump in fray

The city and teachers union have two weeks to prepare arguments in their battle over school closures and charter school co-locations, according to an agreement hammered out today between both sides and the state judge who will preside over the case, a union official said.

That means that school officials will have to wait to learn whether the judge, Paul Feinman of the state supreme court, will grant the teachers union the temporary restraining order it requested. The order would immediately halt school closure and co-location plans even before the court decides whether they are ultimately illegal, as the UFT and NAACP charged in a lawsuit last month.

Lawyers for the education department did not immediately respond to confirm the details, but UFT spokesman Dick Riley said both sides are due back in court on June 21, when Feinman is expected to hear their arguments.

In the meantime, the sides agreed on basic terms similar to what the plaintiffs seek out of the restraining order. First, the Department of Education is required “to maintain student records” and “school choices for all students involved in schools in the litigation,” Riley said.

Second, any current construction underway as part of co-location plans must cease immediately.

It’s not clear if any such projects have begun, since the last day of school isn’t until June 28. Requests to confirm the agreement details with the Department of Education were not answered tonight.

The lawsuit, filed jointly last month by the city teachers union and NAACP, accuses the Bloomberg administration of disproportionately favoring students enrolled in public charter schools while withholding resources from struggling district schools. The suit seeks to reverse a plan to close 22 low-performing schools and replace them with new or expanding charters for the 2011-2012 school year.

This is the second consecutive year that the two organizations teamed up to sue over school closures, but last year’s case — which the union and NAACP won — hinged mainly on a procedural error made by the education department.

Meanwhile, at least two charter schools that are planning to get space inside district schools said that they plan to jump in the legal battle themselves. A law firm representing two of the charter schools intends to file a motion to intervene this week, according one of the schools’ founders, Rafiq Kalam Id-Din II.

Kalam Id-Din II said the motion is necessary to represent the best interests of his school, Professional Preparatory Charter School in Bedford-Stuyvesant, and the 150 students registered to attend it in the fall.

“We feel like it’s important, as individual schools and as individual entities, to stand up and fight for the students and the families that are directly impacted by this lawsuit,” said Kalam Id-Din II.  “It’s an argument that the DOE isn’t in the best position to take from a legal perspective.”

Kirkland & Ellis LLP will represent Kalam Id-Din II’s school as well Invictus Preparatory Charter School, also in Brooklyn, a Kirkland spokesperson confirmed.

after douglas

Betsy DeVos avoids questions on discrimination as school safety debates reach Congress

Education Secretary Betsy DeVos prepares to testify at a House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee hearing in Rayburn Building on the department's FY2019 budget on March 20, 2018. (Photo By Tom Williams/CQ Roll Call)

U.S. Education Secretary Betsy DeVos fielded some hostile questions on school safety and racial discrimination as she defended the Trump administration’s budget proposal in a House committee hearing on Tuesday.

The tone for the hearing was set early by ranking Democrat Rep. Rosa DeLauro, who called aspects DeVos’s prepared remarks “misleading and cynical” before the secretary had spoken. Even the Republican subcommittee chair, Rep. Tom Cole, expressed some skepticism, saying he was “concerned about the administration continuing to request cuts that Congress has rejected.”

During nearly two hours of questioning, DeVos stuck to familiar talking points and largely side-stepped the tougher queries from Democrats, even as many interrupted her.

For instance, when Rep. Barbara Lee, a Democrat from Texas, complained about proposed spending cuts and asked, “Isn’t it your job to ensure that schools aren’t executing harsher punishments for the same behavior because [students] are black or brown?” DeVos responded by saying that students of color would benefit from expanded school choice programs.

Lee responded: “You still haven’t talked about the issue in public schools as it relates to black and brown students and the high disparity rates as it relates to suspensions and expulsions. Is race a factor? Do you believe that or not?” (Recent research in Louisiana found that black students receive longer suspensions than white students involved in the same fights, though the difference was very small.)

Again, DeVos did not reply directly.

“There is no place for discrimination and there is no tolerance for discrimination, and we will continue to uphold that,” she said. “I’m very proud of the record of the Office of Civil Rights in continuing to address issues that arise to that level.”

Lee responded that the administration has proposed cuts to that office; DeVos said the reduction was modest — less than 1 percent — and that “they are able to do more with less.”

The specific policy decision that DeVos faces is the future of a directive issued in 2014 by the Obama administration designed to push school districts to reduce racial disparities in suspensions and expulsions. Conservatives and some teachers have pushed DeVos to rescind this guidance, while civil rights groups have said it is crucial for ensuring black and Hispanic students are not discriminated against.

That was a focus of another hearing in the House on Tuesday precipitated by the shooting last month at Marjory Stoneman Douglas High School in Parkland, Florida.

Rep. Jim Sensenbrenner, a Wisconsin Republican, falsely claimed in his opening statement that Broward County Public Schools rewrote its discipline policy based on the federal guidance — an idea that has percolated through conservative media for weeks and been promoted by other lawmakers, including Florida Sen. Marco Rubio and Utah Sen. Mike Lee. In fact, the Broward County rules were put into place in 2013, before the Obama administration guidance was issued.

The Manhattan Institute’s Max Eden, a leading critic of Obama administration’s guidance, acknowledged in his own testimony that the Broward policy predated these rules. But he suggested that policies like Broward’s and the Obama administration’s guidance have made schools less safe.

“Faced with pressure to get the numbers down, the easiest path is to simply not address, or to not record, troubling, even violent, behavior,” he said.

Kristen Harper, a director with research group Child Trends and a former Obama administration official, disagreed. “To put it simply, neither the purpose nor the letter of the federal school discipline guidance restrict the authority of school personnel to remove a child who is threatening student safety,” she said.

There is little, if any, specific evidence linking Broward County’s policies to how Stoneman Douglas shooter Nicholas Cruz was dealt with. There’s also limited evidence about whether reducing suspensions makes schools less safe.

Eden pointed to a study in Philadelphia showing that the city’s ban on suspensions coincided with a drop in test scores and attendance in some schools. But those results are difficult to interpret because the prohibition was not fully implemented in many schools. He also cited surveys of teachers expressing concerns about safety in the classroom including in Oklahoma CityFresno, California; and Buffalo, New York.

On the other hand, a recent study found that after Chicago modestly reduced suspensions for the most severe behaviors, student test scores and attendance jumped without any decline in how safe students felt.

DeVos is now set to consider the repeal of those policies on the Trump administration’s school safety committee, which she will chair.

On Tuesday, DeVos said the committee’s first meeting would take place “within the next few weeks.” Its members will be four Cabinet secretaries: DeVos herself, Attorney General Jeff Sessions, Secretary of Health and Human Services Alex Azar, and Secretary of Homeland Security Kirstjen Nielsen.

on the run

‘Sex and the City’ star and public schools advocate Cynthia Nixon launches bid for N.Y. governor

Cynthia Nixon on Monday announced her long-anticipated run for New York governor.

Actress and public schools advocate Cynthia Nixon announced Monday that she’s running for governor of New York, ending months of speculation and launching a campaign that will likely spotlight education.

Nixon, who starred as Miranda in the TV series “Sex and the City,” will face New York Gov. Andrew Cuomo in September’s Democratic primary.

Nixon has been active in New York education circles for more than a decade. She served as a  longtime spokeswoman for the Alliance for Quality Education, a union-backed advocacy organization. Though Nixon will step down from that role, according to a campaign spokeswoman, education promises to be a centerpiece of her campaign.

In a campaign kickoff video posted to Twitter, Nixon calls herself “a proud public school graduate, and a prouder public school parent.” Nixon has three children.

“I was given chances I just don’t see for most of New York’s kids today,” she says.

Nixon’s advocacy began when her oldest child started school, which was around the same time the recession wreaked havoc on education budgets. She has slammed Gov. Cuomo for his spending on education during his two terms in office, and she has campaigned for New York City Mayor Bill de Blasio.

In 2008, she stepped into an emotional fight on the Upper West Side over a plan to deal with overcrowding and segregation that would have impacted her daughter’s school. In a video of brief remarks during a public meeting where the plan was discussed, Nixon is shouted down as she claims the proposal would lead to a “de facto segregated” school building.

Nixon faces steep competition in her first run for office. She is up against an incumbent governor who has amassed a $30 million war chest, according to the New York Times. If elected, she would be the first woman and the first openly gay governor in the state.