annals of law

Another setback and another appeal for UFT in data report suit

The UFT is going to plan B in its latest legal appeal to keep Teacher Data Reports under wraps.

The fight over a Freedom of Information Law request by several city news organizations to release the reports, which calculated “value-added” scores for some teachers, is still making its way through the courts, even though the city has said it will not produce new reports.

The union sued to stop the city from releasing the scores, with teachers’ names, to the news organizations. But in August, confirming a lower-court judge’s ruling, the state’s second-highest court ruled that the scores are a matter of public interest and should be released. To appeal that ruling, the union had to follow a complicated set of legal procedures.

Here’s how we described the steps at the time:

Because the four judges on the Appellate Court ruled unanimously against the union, there’s no guarantee that the Court of Appeals will hear the case. Instead, the Appellate Court has to give permission. Within days, the union will ask the appellate court for permission to have the case heard in the Court of Appeals. If permission isn’t granted, the union can also ask the Court of Appeals itself.

The second scenario — that the Appellate Court would not refer the case to the Court of Appeals, the state’s highest court — played out today. Now the union must convince the Court of Appeals to hear the potentially precedent-setting case, which UFT President Michael Mulgrew said it would try to do quickly.

“Given the harm that could be done by the release of these misleading and inaccurate reports, we will be filing a motion directly with the New York State Court of Appeals seeking leave to appeal the Appellate Division’s decision in this case,” Mulgrew said in a statement.

A court order preventing the city from releasing the scores while the appeals are underway remains in place, union officials said. That court order, called a stay, is set to expire five days after the union officially receives the Appellate Court’s ruling, which hasn’t happened yet. By the time that window closes, the union plans to have formally asked the Court of Appeals to hear the case, officials said.

The court has no set timeline to make its decision. But if it declines to hear the case, then the Appellate Court’s decision would stand, the union would be out of legal options, and the city would be free to release the reports that it now says are unnecessary.

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.