what's next?

The only school in New York threatened with a takeover by state officials may soon learn its fate

PHOTO: Alex Zimmerman
J.H.S. 162 Lola Rodriguez De Tio, the lone school to face state receivership thus far

After months of uncertainty, the city’s education department must submit a proposal Tuesday night outlining its plans for a struggling Bronx middle school, state officials confirmed Monday.

The school, J.H.S 162 Lola Rodriguez de Tio, has earned the unenviable distinction of being the only school in New York designated for outside takeover by the state’s education department.

Under the state’s complex receivership law, bottom-level schools that don’t quickly show signs of improvement on metrics ranging from attendance to test scores can be turned over to nonprofit managers or school improvement experts, effectively forcing Chancellor Carmen Fariña to cede control of the school to an outside entity.

In October, state education officials announced that J.H.S. 162 — which has been among the lowest-performing schools in the state since 2006 — barely missed its improvement goals, which meant the city would have 60 days to come up with a plan for giving up control of the school. At the time, state officials said the city could close or merge the school instead of turning it over to an outside manager.

Though that 60-day deadline came and went more than a week ago, state officials said they extended the deadline until Tuesday night. The city education department did not answer questions about what its plans for the school are, and the school’s principal, Deborah Sanabria, did not immediately respond to a request for comment.

The fact that J.H.S. 162 has been singled out for outside takeover has struck some education experts as arbitrary — essentially the result of a tug-of-war between the city and state over how to handle struggling schools. Although the school has posted low test scores, it also serves a high-needs population comprised overwhelmingly of low-income black and Latino families. Neither its scores nor demographics set it dramatically apart from several other schools in New York City.

“To single out one school and say it’s the worst school in the state is misleading on so many levels,” Eric Nadelstern, a former city deputy schools chancellor who is now a professor at Teachers College, told Chalkbeat last month. “It’s easy for the school to say there are many other schools in the city and state that match the same criteria.”

Meanwhile, the school has gotten conflicting evaluations from the state and city, adding to the complexity of the situation.

While the state’s receivership program was designed to be stricter and focus on quick improvements with the prospect of a takeover if gains don’t take hold, the city’s Renewal turnaround program (of which the school is also a member) is based on the premise that schools should be infused with resources and given time to improve — though the city has also not shied away from the possibility of additional mergers or closures.

In an ironic twist, the city recently announced that J.H.S. 162 hit 83 percent of its Renewal goals last year, placing it in the top 15 percent of Renewal schools in terms of the proportion of its benchmarks the school reached. Under the city program, the school even met a third of its goals early, making it eligible for certain “challenge targets” (which in some cases actually aren’t all that challenging).

In essence, the state’s benchmarks ended up labeling the school as perhaps the worst in the state, while the city’s own program says it is making noticeable progress — a surprising discrepancy given that city officials have insisted the city’s benchmarks are just as rigorous.

“The school showed improvements on some of their Renewal targets, but not on the measures that counted towards Receivership benchmarks,” city education department spokeswoman Devora Kaye wrote in an email. She did not elaborate further on the difference between the school’s performance on city and state benchmarks.

City officials indicated that its plans for the school will require review from the State Education Department and anticipated that process will happen soon. It was not immediately clear exactly how long that review process will take, and state officials did not respond to additional requests for comment.

“We’re working with the state and once the proposed plan is approved, we’ll engage closely with students, families, school staff and the larger community to ensure students are supported with continuity and a high-quality education,” Kaye wrote.

Future of Schools

How this Indiana district realized counselors weren’t spending enough time counseling

PHOTO: Denver Post file

About a year ago, the counselors in the Beech Grove school district made a discovery: They were spending less than half of their time on counseling.

Instead of meeting with students one-on-one or in small groups, they were spending most of their days on routine tasks, such as overseeing lunch, proctoring exams, and filling in for secretaries.

When they realized how much time those other tasks were taking away from counseling work, it was “an eye-opener for everyone,” said Paige Anderson, the district college and career coordinator.

The counselors began tracking their time as part of a planning grant from the Lilly Endowment, a prominent Indianapolis-based philanthropy. In 2016, the foundation launched Comprehensive Counseling Initiative for Indiana K-12 Students, a $49 million effort to improve counseling in Indiana. Experts say meaningful counseling can help schools support students as they navigate problems both at home and in the classroom. (The Lilly Endowment also supports Chalkbeat. Learn more about our funding here.)

What Beech Grove staff members learned during their planning process is already changing their approach to counseling, said Trudi Wolfe, a counselor at Central Elementary School, who was instrumental in applying for the Lilly grants. Now, administrators are taking on more tasks like proctoring tests. And one intermediate school hired a new counselor.

“The schools will take counselors and meet the needs of the school,” Wolfe said. “Part of the process is helping administrators understand, school counselors need to be doing school counseling.”

Last month, the endowment announced its second round of implementation grants, which awarded about $12.2 million to 39 schools and districts. Beech Grove will receive $259,727 to redesign its counseling program to focus on the social and emotional needs of students, with the largest chunk of that money going to staff training.

The aim is to develop a strategy for handling the trauma that students face at home, said Wolfe. Over the past 10 years, the number of students in the district who are poor enough to get subsidized meals has risen by about 25 percentage points to 72 percent of students.

Beech Grove has also been affected by the opioid crisis, said Wolfe. “We have kids living with parents who are dependent on drugs, and they are not meeting the needs of their children.”

Those growing challenges mean that it is essential for counselors to have a plan for helping students instead of just meeting the needs of each day, Wolfe said.

Counseling is an investment that can have long-term benefits. After Colorado began an initiative to hire more school counselors, participating schools had higher graduation rates, increased enrollment in career-and-technical programs, and more students taking college-level courses. A 2016 report found that by keeping students from dropping out, the Colorado program saved taxpayers more than $319 million.

But in Indiana schools, counselors often have large caseloads. In 2014-2015, Indiana had an average of 543 students per counselor, above the national average and significantly higher than the American School Counselor Association recommendation of no more than 250 students per counselor.

Hiring more counselors alone is not enough to create stronger school counseling programs, said Tim Poynton, an associate professor at the University of Massachusetts Boston who studies counseling. They also have to spend their time on meaningful counseling work.

“You need more school counselors. That’s necessary, but it’s also not sufficient,” said Poynton. “If you hire more school counselors, and you have them doing lunch duty and things that basically you don’t need a master’s degree in school counseling to do, then you’re not going to see those important metrics move.”

When schools were applying for the Lilly Endowment grants, many reported that counselors were focused on urgent social and emotional challenges and struggled to help students plan for the future, according to the endowment.

Those challenges can have ripple effects, making it harder for school staff to tackle long-term goals such as ensuring that students sign up and meet the requirements for the state’s scholarship program, 21st Century Scholars.

If counseling is done well, most students will be prepared to go to college, even if they do not seem interested when they are in high school, Poynton said. But when counselors are dealing with urgent problems, they have significantly less time to devote to college preparation, he said.

“In urban schools, school counselors are often focused on getting students to school and meeting their immediate needs,” Poynton said. “In the higher-performing suburban schools, where the students and families don’t have those same kind of issues or concerns, the emphasis is almost entirely on the college-going process.”

In a statement from the endowment, Vice President for Education Sara B. Cobb said the response to the Lilly grants shows increased awareness of the crucial need for counseling programs.

“We are impressed with how school leaders have engaged a wide variety of community partners to assess the academic, college, career and social and emotional needs of their students, and respond to them,” Cobb said.

The Lilly grants are going to a broad array of schools, and they are using the money in different ways. At Damar Charter Academy, which educates students with special needs, few students earn traditional diplomas or have good options for higher education. That’s why school staff plan to use the $100,000 counseling grant they received to build relationships with employers and create training programs for skills such as small engine repair, automotive maintenance, landscaping, and culinary arts, said Julie Gurulé, director of student services.

“If we can commit to getting them the skills they need while they are with us,” she said, “they will be able to go out and gain meaningful employment, and … lead the kind of lives that we all want to.”

These are the districts and schools in Marion County that received counseling grants. (Find the full list here.)

  • Beech Grove City Schools $259,727
  • Damar Charter School $100,000
  • Metropolitan School District of Decatur Township $671,300
  • Purdue Polytechnic Indianapolis High School $100,000

Delayed decision

Officials promised to update a Giuliani-era agreement between the NYPD and city schools almost a year ago. So where is it?

PHOTO: Alex Zimmerman
A school safety agent at Staten Island's New Dorp High School.

Last October, city officials said they were on the cusp of announcing changes in the way the New York Police Department interacts with schools — an overhaul that began more than three years ago and sparked months of negotiations with advocacy groups.

But nearly 10 months later, the city has not announced any revisions to the “memorandum of understanding” that governs police involvement with school security, leaving in place a nearly two-decade-old agreement that has not been altered since Rudy Giuliani was mayor and “zero tolerance” discipline policies were in vogue.

Now, police and education officials say revisions won’t be made public until this fall. That timeline has infuriated advocates who said they made progress with senior city officials but have recently been kept in the dark and fear their recommendations are being ignored.

“Here we are three years later without any explanation from the administration,” said Kesi Foster, an organizer with Make the Road New York and the Urban Youth Collaborative who serves on a mayoral task force charged with revising the agreement. “It’s extremely frustrating and disheartening.”

As Mayor Bill de Blasio has worked to overhaul school discipline policies, which have reduced suspensions and student arrests, advocates say the outdated MOU has become a roadblock.

The 1998 agreement officially gives the city’s police department authority over school safety agents, a force that rivals Houston’s entire police department in size. The agreement was controversial at the time, with some city officials saying the presence of police officials made student misbehavior more likely to end in arrests.

Mark Cannizzaro, head of the city’s principals union who was a school administrator in the 1990s, said it was not unheard of for principals to consider calling the police for incidents as minor as shoving. “There was, at one point, a zero tolerance approach that didn’t make sense,” he said.

The current memorandum is a reflection of that era, advocates say, and is one of the reasons students of color are disproportionately likely to wind up in the criminal justice system instead of the principal’s office. It was supposed to be updated every four years, but has still never been revised.

De Blasio seemed to agree that the memorandum needed to be reformed, and convened a group of advocates and senior city officials who recommended changes. Among the group’s recommendations, released in 2016, were giving school leaders the lead role in addressing student misbehavior, making it more difficult for school safety agents to place students in handcuffs, and ensuring students are informed of their rights before they’re questioned.

Johanna Miller, the advocacy director of the New York Civil Liberties Union, said senior officials — including Mark Rampersant, the education department’s director of security, and Brian Conroy, the chief of the police department’s school safety division — participated in the task force and seemed receptive to changes. The group agreed there should be limits to the type of offenses that could trigger police involvement, multiple participants said, excluding offenses such as smoking cigarettes, cutting class, and certain instances of insubordination.

But when the city presented the group with a draft agreement, many of their recommendations had vanished, according to people who were present during the meetings, some of whom requested anonymity because the city required that participants sign nondisclosure agreements.

“They basically eliminated all of the major changes that we made,” Miller said, adding that the group requested another opportunity to change the agreement more than a year ago. “And that was the last we heard of it.”

City officials would not comment on why the process has been delayed or why key recommendations never made it into the draft agreement. Some task force members said they believed education and police department lawyers, who had not participated in the group’s discussions, played a role in stripping the draft agreement of the most important changes.

An education department spokeswoman acknowledged in an email that “agency lawyers have been involved in order to ensure the MOU is aligned with existing local, state, and federal laws and in the best interest of students and families,” but did not comment further on why certain changes were not included.

Asked why task force members were required to sign nondisclosure agreements, the official said the decision was made “To protect the confidentiality of any shared student data and remain within (The Family Educational Rights and Privacy Act) compliance.”

The task force still meets quarterly, although several of its members say they have not received updates and did not know the city planned to release an updated memorandum this fall.

“The DOE and NYPD have been working in close partnership to finalize updates to the MOU and ensure that the changes are done correctly in the best interest of students and families,” education department spokeswoman Miranda Barbot wrote in an email.

Cannizzaro, the principals union chief, said he has not been informed about potential changes to the agreement, adding that school leaders should have discretion in how misconduct is handled and noted the police play an important role in school safety. “We certainly appreciate their presence — we need their presence,” he said.

Some members of the task force wondered whether the selection of a new schools chief has delayed the process, and at their most recent meeting in May, schools Chancellor Richard Carranza stopped by. “He said something to the extent of, he knew it was an issue and was going to put eyes on it,” said Nancy Ginsburg, a lawyer at the Legal Aid Society and a member of the task force.

Ginsburg said she appreciates that changes take time, but also stressed that the current memorandum can make it difficult to hold officials accountable since the agreement is so vague.

“It’s impossible to hold the agencies to anything if there are no rules,” she said.