aint over til its over

More than a day after ‘framework’ agreement, questions remain on education issues

PHOTO: Geoff Decker
Speaker Carl Heastie on the Assembly floor.

State lawmakers left work on Wednesday night without finalizing a legislative deal involving New York City education issues.

Legislative leaders announced Tuesday that they had resolved their differences on the most contentious parts of negotiations that had dragged on for more than a week past their original ending date. That deal included a one-year extension of mayoral control, a modest increase to the number of new charters that can open in New York City, and a $250 million consolation prize for private and parochial schools whose push for tuition tax credits were dropped.

But there are still a host of unresolved issues standing in the way of final deal. Chief among those for Assembly Democrats is the strengthening of rent regulations, although changes to the charter-school law were also being discussed.

“There’s nothing closed down. Everything is still open,” Assembly Speaker Carl Heastie said after emerging from Gov. Andrew Cuomo’s office on Wednesday evening.

Here are the other questions remaining about New York City education issues.

1. Will other changes be made to the charter-school law?

The framework deal clears the way for 25 additional new charter schools to open in New York City and gives the State University of New York more latitude to approve the schools.

On Wednesday morning, the ongoing talks included additional changes. Assembly Democrats said they sought measures to ensure that charter schools serve a more equitable share of high-needs students. A source familiar with the negotiations said one proposal would have required charter schools to serve comparable shares of special education students with more severe disabilities. Meanwhile, Senate Republicans wanted to increase the maximum number of uncertified teachers that a school can employ from 5 teacher to up to 30 percent of an entire staff.

But talks slowed on Wednesday, the source said, who said the most recent discussions involved changing “just the cap and nothing else.”

2. Will anything happen to the hotly contested teacher evaluation law?

After the governor pushed the new law earlier this year, some lawmakers were hoping to slow down the tight timeline in which districts have to negotiate and implement new plans. But nothing in Tuesday’s “framework” announcement suggested that gripes with the new law had factored into the deal — a loss for the state teachers union, which made evaluation changes a priority in end-of-session negotiations.

“We probably didn’t go as far as I hoped,” said Patricia Fahy, a member of the Assembly’s education committee, adding that she also sought to minimize the use of student testing for evaluations. “I’m a little disappointed about that, quite frankly.”

The only tweak announced so far appears to be aimed to appease critics without making substantive changes to evaluations. A law dubbed the “Parental Empowerment Act” will require “a review of growth model,” according to the press release announcing the legislative deal, referring the methodology through which students’ test score gains factor into their teacher’s evaluation.

The press release did say that the act would “require the disclosure of state exam questions and answers,” which a spokesman for the Senate said would be accompanied with $8.4 million in funding for the State Education Department. The state published only about half of questions last year, citing test security and cost concerns amid sharp criticism of the state’s testing program.

3. Will the mayoral-control legislation include any other changes to how New York City’s schools are run?

“It ain’t over ‘til it’s over in Albany,” Mayor Bill de Blasio said at a press conference on Wednesday when asked for his reaction to the one-year extension of mayoral control — a particularly harsh blow after de Blasio lobbied for a permanent renewal earlier this year.

But despite the mayor’s deference to the ongoing negotiations, his allies in the legislature said they were mostly ambivalent about fighting to lengthen the extension.

“I think there were a lot of things that we were fighting for or against and this was part of the discussion, but we didn’t focus on it,” said Linda Rosenthal, an Upper West Side Assembly Member. “There was much more talk about rent and 421-a and all of those” housing issues that have been the focus this year, she said.

The renewal offers lawmakers a chance to make changes to the governance structure. When mayoral control was last renewed in 2009, the legislature extended it for six years but required the city to hold public hearings and study the impact of school closures or space-sharing agreements prior to approving them. That provision became a legal issue one year later, and ended up derailing the Bloomberg administration’s agenda for a year.

But there aren’t any other big changes expected to be included in the one-year renewal.

Kathryn Wylde, CEO of the Partnership for New York City, said a statement that the coalition of business leaders she represents was mostly relieved that legislative agreement “reflects an undiluted extension of mayoral control.”

Ruling

Judge orders Nashville schools to turn over student information to state charters

A Nashville judge has sided with Tennessee’s Achievement School District in the tussle over whether local school districts must share student contact information with charter networks under a new state law.

Chancellor Bill Young this week ordered Metropolitan Nashville Public Schools to turn over information requested by LEAD Public Schools, which operates two state-run schools in the city. The district has until March 16 to comply or appeal.

The ruling is a blow to local district leaders in both Nashville and Memphis, who have argued that a federal privacy law gives them discretion over who gets that information. They also contend that the intent of Tennessee’s new charter law, which passed last year, was that such information should not be used for marketing purposes.

The State Department of Education has backed information requests by LEAD in Nashville and Green Dot Public Schools in Memphis, both of which operate charter schools under the state-run turnaround district known as the ASD. State officials say the information is needed to increase parental awareness about their school options and also to help the state’s school turnaround district with planning.

Nashville’s school board has not yet decided whether to appeal Young’s ruling, according to Lora Fox, the city’s attorney.

Shelby County Schools was not included in the state’s lawsuit leading to this week’s ruling, but the case has implications for Memphis schools as well. Last summer, Education Commissioner Candice McQueen ordered both districts to turn over the information. Both have been defiant.

Lawyers representing all sides told Chalkbeat this week that Young set the March 16 deadline to allow time for the legislature to address ambiguity over the state law and for Nashville schools to notify parents of their right to opt out.

Rep. Bill Forgety already has filed a bill in an attempt to do clear the air. The Athens Republican chaired the key House committee that advanced the new charter law and has said that recruitment was not the intent of the provision over student contact information. His bill would restrict charter school requests to a two-month window from January 1 to March 1, confine school communication with non-students from February 1 to April 1, and open up a two-way street for districts to request the same information from charter schools.

The disagreement began with longstanding requests from state-run charter organizations for addresses, phone numbers and emails of students and their parents who live in neighborhoods zoned to low-performing schools. When local districts did not comply last summer, the charters cited the new state law requiring them to hand over student information to the charter schools within 30 days of receiving the request.

To learn what information is at stake and how it’s used, read our in-depth explainer on student data sharing and FERPA.

Gold standard teachers

Tennessee adds nationally certified teachers but continues to trail in the South

PHOTO: Ruma Kumar/Chalkbeat

Twenty Tennessee educators have earned a national certification that’s considered the profession’s highest mark of achievement, although the state continues to lag in the South in growing that community.

The state Department of Education on Tuesday released the list of new educators designated as National Board Certified Teachers.

Their addition brings Tennessee’s number of NBCT educators to more than 700, with another 63 pursuing certification. By comparison, Kentucky has 3,600, Virginia 3,400, and Georgia 2,600.

“We know that teachers are the biggest factor in the success of our students, and it is an honor to celebrate educators who are helping their students grow, while serving as an example of what it means to be a lifelong learner,” Commissioner Candice McQueen said in a statement.

Nationally, 5,470 teachers earned the designation in 2016-17, raising the total to more than 118,000 through the National Board for Professional Teaching Standards. The certification takes from one to three years to complete and includes a performance-based peer-review process. Successful candidates must demonstrate a proven impact on student learning and achievement.

In Tennessee, at least 36 school districts offer at least one type of incentive for achieving the certification. The most common is a salary bonus.

North Carolina continues to lead the nation in certification, with 616 more teachers gaining the endorsement last month from the Arlington, Va.-based organization.

Earning their certification in Tennessee were:

  • John Bourn, Franklin Special School District
  • Christy Brawner, Shelby County Schools
  • James Campbell, Metro Nashville Public Schools
  • Kimberly Coyle, Sumner County Schools
  • Suzanne Edwards, Williamson County Schools
  • Anastasia Fredericksen, Metro Nashville Public Schools
  • Theresa Fuller, Kingsport City Schools
  • Amber Hartzler, Clarksville-Montgomery County School System
  • Jennifer Helm, Williamson County Schools
  • Deborah Higdon, Franklin Special School District
  • Karen Hummer, Franklin Special School District
  • Heather Meston, Metro Nashville Public Schools
  • Melissa Miller, Franklin Special School District
  • Kelsey Peace, Sumner County Schools
  • Lindsey Pellegrin, Franklin Special School District
  • Andrea Reeder, Williamson County Schools
  • Jordan Sims, Metro Nashville Public Schools
  • Susanna Singleton, Williamson County Schools
  • Melissa Stugart, Metro Nashville Public Schools
  • Drew Wilkerson, Franklin Special School District

To learn more, visit the website of the National Board for Professional Teaching Standards.