order in the court (updated)

Judge rules that city must reinstate staff at turnaround schools

Lawyers for the UFT spoke to reporters about the union's short-term court victory outside of New York State Supreme Court today.

Legal battles between the city and the United Federation of Teachers are typically long, drawn-out affairs. Not today.

In just 40 minutes this afternoon, Judge Joan Lobis of the New York State Supreme Court made up her mind about the city’s request to suspend an arbitrator’s ruling in the UFT’s favor while she considers the city’s formal appeal. There will be no restraining order, Lobis ruled.

That means that hiring and firing decisions that have been made at 24 struggling schools that the city was trying to overhaul will be reversed. The Department of Education will have to reinstate hundreds — and possibly thousands — of teachers and administrators cut loose from the schools as part of the “turnaround” process.

“They no longer have an excuse for not complying with the arbitrator’s award,” Ross said about the city.

Asked by reporters about the education department’s immediate plans for allowing the teachers to reclaim their positions, Deputy Chancellor Marc Sternberg said, “Talk to the law department.”

The city’s top lawyer, Michael Cardozo, said in a statement that he was confident that Lobis would side with the city as the case moves forward.

The hearing was a first step in the city’s appeal of a ruling handed down two weeks ago by an arbitrator who found that the city’s hiring and firing decisions — a key aspect of the Department of Education’s turnaround plans — violated the city’s contract with the teachers union.

The city is arguing that the arbitrator overstepped his bounds and wants the entire decision overturned. But today’s court appearance dealt only with the question of whether the city could avoid reversing the hiring decisions before Lobis considers the broader appeal later this month. Her ruling means that it cannot.

To win an injunction, plaintiffs have to prove two things: that they would suffer “irreparable harm” while their case is pending and that they have a strong likelihood of ultimately winning their case.

Lobis said today that she didn’t find the department convincing on either point.

A city lawyer said holding up the turnaround process for any amount of time would “thwart” efforts to improve the schools. “This would undo everything the DOE has done thus far to improve these schools,” said the lawyer, Maxwell Leighton.

But Lobis questioned what harm would really befall the department if it must roll back its efforts for the few weeks before she considers the merits of its request to overturn the arbitrator’s ruling. If the city ultimately wins its case, she said, it could just tell teachers that their reinstatements had been reversed again.

“Maybe you’d have to rescind some letters. How is that irreparable harm?” Lobis asked.

That seems to be a unlikely possibility. The main plank of the city’s appeal is that the arbitrator, Scott Buchheit, did not actually have jurisdiction over the hiring processes.

Lobis pointed out that the department had agreed to let Buchheit rule on whether the staffing issue should be subject to arbitration at all, and he said that it was.

“Just because he said it doesn’t mean it’s true,” Maxwell told the judge.

City and union lawyers went before Lobis in late May after the unions sued to stop staffing processes underway at the 24 schools, and at her urging they agreed to have an independent arbitrator hear and rule on the case.

That decision alone makes the city very unlikely to win an appeal, according to a city attorney who specializes in labor relations.

“The courts place great deference on a decision made by an arbitrator, so the arbitrator can make decisions without fear of being overruled,” said Steven Landis. “If an agreement has been made to arbitrate, the court says, ‘Arbitrate it, don’t come to me.'”

What will happen tomorrow at the schools is not yet clear. But after the hearing concluded, a top union lawyer, Adam Ross, said union officials would “immediately” initiate conversations with the city about reinstating teachers and administrators who were told they could not return to their schools.

City officials did not immediately say whether they planned to engage in those conversations.

“Our goal is to turn around these failing schools and help our students succeed. We appreciate the judge setting an expedited schedule to hear our challenge to the arbitrator’s decision so that we can meet that goal,” Cardozo said in his statement. “The judge also made it clear that she wants to consider the case fully. We believe that, after she reviews our papers, she’ll conclude that the arbitrator was wrong.”

study says...

In new study of school-district effectiveness, New York City falls just below national average

PHOTO: Stephanie Snyder

Each year, state test scores offer a snapshot of how much New York City students have learned. But they say little about how the city’s schools stack up against other districts’, in part because the raw scores largely reflect student demographics — wealthier districts tend to have higher scores.

Now, a major new analysis of several years of test scores from across the country provides a better way to judge and compare districts: Instead of looking at a single moment, it shows how well school systems help students grow their skills over time.

Based on that measure, New York City falls just below the middle of the pack: In the five years from third to eighth grade, its students collectively make about 4.6 grade levels of progress — landing New York in the 35th percentile of districts nationally. By contrast, Chicago students advance the equivalent of six grades within those five years, giving the district one of the highest growth rates in the country.

Still, New York is slightly above average when compared to other large districts with many students from low-income families. And it trounces the state’s other urban districts — including Yonkers, Syracuse, and Rochester, which have some of the nation’s worst growth rates.

“Among big poor districts, it’s better than average,” said Sean Reardon, the Stanford University researcher who conducted the analysis. “In the grand scheme, it’s pretty middle-of-the-road.”

Reardon’s analysis — based on 300 million standardized tests taken by students across more than 11,000 school districts from 2009 to 2015 — is the largest of its kind. It looks both at student proficiency on third-grade math and English tests (that is, what share of students earned a score deemed “proficient”) and student growth between grades three and eight (how much their scores improved over time). Reardon’s research was supported by several foundations, including the Bill and Melinda Gates Foundation, which also provides funding to Chalkbeat.

The analysis controls for the differences in tests across states and over time by converting scores into a common scale that measures growth in grade levels, making it possible to compare nearly every district in the country to one another. (It excludes New York’s scores from 2015 and some grades in 2014 because of the high number of students who boycotted the state tests those years. However, each district’s five-year growth rates is actually an average of its year-over-year growth, so Reardon was still able to calculate a five-year rate for New York.)

Experts generally prefer growth rates over proficiency as a way to evaluate school quality, since growth measures the progress students make in school rather than where they started. Even if a district enrolls many poor students who are less likely than their affluent peers to hit the “proficiency” benchmark, its schools can still help them advance at a rate comparable to or even better than schools filled with wealthier students.

“Growth is way better than achievement,” said Douglas Ready, an education and public policy professor at Teachers College, Columbia University. “We know low-income students start school behind — the question is what do school districts do with the kids they get?”

New York’s growth rate falls just below the national median of 4.8 grade levels. Among big districts, its students made gains similar to those in Dallas and Detroit, and greater than students in Los Angeles, Miami, and Indianapolis.

By contrast, Rochester ranks rock-bottom nationally. In that high-poverty district, where the median income among families with children in the public schools is $26,000, students advanced about three grade levels in five years. Yonkers’ $48,000 median income is much higher, yet its schools barely do better, with students moving just 3.5 grade levels. (Among New York City public-school parents, the median income is $42,000.)

Reardon emphasized that test scores provide an important but incomplete picture of student learning, and growth rates are an imperfect measure of school effectiveness since factors outside of the classroom also influence how much students learn over time.

Still, he argued that officials who rate schools and parents who choose them would do much better to look at a school’s growth rate over its average test scores. In fact, he said, a focus on growth rates could theoretically drive down socioeconomic segregation since higher-income parents might be willing to enroll their children in schools with many poor students and low overall test scores if the schools nonetheless had outstanding growth rates.

Ready, however, pointed out that even when schools and districts are highly effective at helping students make progress, they are still unlikely to close the yawning achievement gaps that separate most poor and wealthier students from the time they start school. Reardon came to the same conclusion.

“The large gaps in students’ academic skills between low- and higher-[socioeconomic status] districts are so large,” Reardon’s analysis says, “that even the highest growth rate in the country would be insufficient to close even half of the gap by eighth grade.”

In response to the analysis, New York City education department officials pointed to the National Assessment of Educational Progress, a standardized test taken by a representative sample of students in each state and certain districts, including New York. Only one other district among the country’s 10 largest cities performed better in reading and math than New York, which had the highest share of low-income students reach the proficient level on the reading test.

“Our schools are the strongest they’ve ever been, with record-high graduation and college enrollment rates, and improving state test scores,” said the district’s spokesman, Will Mantell.

change up

Just as Lower East Side integration plan takes off, superintendent who helped craft it steps down

PHOTO: Christina Veiga
Carry Chan, left, will become acting superintendent in District 1 when Daniella Phillips, right, leaves this month to join the central education department.

The longtime superintendent of the Manhattan community district where parents pushed for a plan to desegregate the local schools is stepping down just as the plan gets underway.

After a decade at the helm of District 1, which includes the Lower East Side and East Village, Superintendent Daniella Phillips is leaving to join the central education department, Chalkbeat has learned. During the yearslong campaign for an integration plan, Phillips acted as a liaison between parents and the education department, which finally approved a new admissions system for the district’s elementary schools this fall.

She will be replaced by Carry Chan, who has also played a role in the district’s diversity efforts as the interim head of a new Family Resource Center, an information hub to help district parents sort through their school options. Chan takes over as acting superintendent on Dec. 18.

The leadership change comes at a crucial time for the district, which also includes a portion of Chinatown. Parents are currently applying to elementary schools, marking the first admissions cycle under the new enrollment system. Under the system, schools give certain students admissions priority based on their economic status and other factors, with the goal of every elementary school enrolling share of disadvantaged students similar to the district average.

It will be up to the new superintendent to help schools recruit and welcome a greater mix of families, and to help steer parents towards a wider range of schools. Advocates hope the district can become a model for the city.

“There is a torch that needs to be carried in order to really, fully execute,” said Naomi Peña, president of the district’s parent council. “The next superintendent has to be a champion for the mission and the cause.”

During heated public meetings, Phillips tried to keep the peace while serving as a go-between for frustrated integration advocates and reluctant education department officials. The tensions sometimes boiled over, with advocates directing their anger at Phillips — though they were eventually won-over and endorsed the final integration plan.

In her new role, she will oversee school consolidations as part of the education department’s Office of School Design and Charter Partnerships. In District 1, Phillips helped steer three such mergers, which often involve combining small, low-performing schools with ones that are higher achieving.

“It has been such a joy and privilege to be District 1 superintendent for over 10 years, and I’m excited for this next chapter in the district and my career,” Phillips said in an emailed statement.

Chan is a former principal who launched the School for Global Leaders, a middle school that focuses on community service projects and offers Mandarin classes. Last year, she joined the education department’s Manhattan support center, where she helped schools form partnerships in order to learn from one another.

Since October, Chan has served as the interim director of District 1’s Family Resource Center, which is seen as an integral part of making the new diversity plan work. Families must apply for seats in the district’s elementary schools, which do not have attendance zones like other districts. The family center aims to arm families with more information about their options, in the hopes that they will consider schools they may not have previously.

“I think we’re all really passionate about this plan and we really want this to work,” Chan said. “Communication is the key, and being transparent with how we’re progressing with this work.”