crime and punishment

New York City plans to expand programs to keep students away from the criminal justice system

PHOTO: Monica Disare
Advocates protest school suspension policies.

Two programs meant to limit student involvement with the criminal justice system will be expanded, city officials announced Monday.

This spring, 71 total schools will be allowed to issue warning cards instead of a criminal summons to students 16 and older for disorderly conduct or possessing small amounts of marijuana — expanding on a 37-school pilot program in the Bronx that currently operates under that policy.

Officials are also expanding the School Justice Project, a program that offers free legal help for students who have become tangled in the criminal justice system, along with “know your rights” trainings. Eleven total school campuses will join that program, up from just one, according to the city.

The programs are in keeping with Mayor Bill de Blasio’s push for less punitive approaches to school discipline, including “restorative” justice, and a plan to significantly reduce suspensions for the city’s youngest students.

But some advocates said the new measures are too incremental and unlikely to make a significant dent in the number of students — disproportionately black or Hispanic — who are slapped with criminal offenses at school.

“What the city is proposing to do is really minimal,” said Dawn Yuster, a student justice expert at Advocates for Children. She pointed out that school safety agents — who are posted in schools but employed by the NYPD — still have discretion to issue criminal summonses for what amount to schoolyard fights or minor drug violations, even in schools with the warning card program.

Even doubling the number of schools covered by the policy would only cover a fraction of the city’s high school students, Yuster added. “If they wanted to make a big change, there’s no reason why they couldn’t expand the program to all schools.”

But Dana Kaplan, executive director of youth and strategic initiatives for the Mayor’s Office of Criminal Justice, defended the city’s approach.

She said expanding the warning card and School Justice Project programs is part of the city’s effort at “improving school climate while reducing unnecessary exclusionary measures.”

The warning card approach has had an effect: In the program’s first year, there was a 14 percent decline in summonses for small marijuana possession and disorderly conduct in the pilot schools, Kaplan said.

The city is implementing the program in schools that issue a larger share of summonses, she added, and expanding the program requires training school safety agents and other staff in the building. “We’ll be evaluating the warning card program and looking to how we can continue to increase its impact and scale.”

Other advocates cheered the expansion of those programs. “We are really happy with anything that reduces criminal court contacts for minor misbehavior,” said Johanna Miller, advocacy director for the New York Civil Liberties Union. Though “we would like to see the city dispense with using summonses in schools altogether.”

Also on Monday, the NYPD released new quarterly school safety data for the end of 2016 that show school-based arrests and summonses generally decreased last year. The City Council did not start requiring the NYPD to release these statistics before last year, making historical comparisons difficult. (Quarter three shows large declines because it covers much of the summer break.)

Still, the first six months of data collected last year show 91 percent of school-based arrests, and nearly 93 percent of summonses, were issued to black or Hispanic students (a population that represents nearly 70 percent of the school population). Black and Hispanic students are also much more likely to be handcuffed.

“The decrease in arrests and summonses is an indication the administration is trying to go in the right direction,” wrote Kesi Foster, a coordinator at Urban Youth Collaborative, an organization that promotes student voices in conversations about school discipline. But, he said, the numbers show hundreds of students each quarter are still coming into contact with the criminal justice system for minor violations.

“City Hall can and must do more to keep young people in the classrooms and out of courtrooms.”

recipe for success

Eva Moskowitz looks back at her turn away from district schools, as she plans for 100 schools of her own

PHOTO: Alex Zimmerman
Eva Moskowitz speaks to students at the 2016 "Slam the Exam" rally.

Eva Moskowitz didn’t always aspire to be a champion of alternatives to the city’s public schools.

During an interview at a Chalkbeat breakfast event on Thursday, the high-profile — and often controversial — CEO of Success Academy Charter Schools explained her evolution from what she described as an “FDR Democrat” who believed the traditional school system was flawed but could be improved to an outspoken critic trying to lead an educational revolution from the outside.

Her transformation didn’t come from “reading Milton Friedman,” the free-market economist, she said. Instead, she described a gradual disillusionment with the traditional school system that began when she was a student at a Harlem elementary school, which she said was effectively “warehousing children,” and continued when she was a city councilwoman scrutinizing the city’s contract with the teachers union. (She claimed the union’s pushback against her contract probe made her feel like she was in one of the “Godfather” films.)

Success Academy is New York City’s largest charter school network, with 46 schools and 15,500 students. The network which mostly serves black and Hispanic children  has extremely high test scores, which critics argue are largely the result of intense test preparation and strict discipline policies that push out the hardest-to-serve students.

Moskowitz and her schools have been the target of criticism from Mayor Bill de Blasio, who made challenges to charter schools a tenet of his first campaign, and Moskowitz a particular target (he said she should not be “tolerated, enabled, supported”). She has fought back fiercely, staging rallies and protests and demanding that de Blasio provide the charter sector with space for its classrooms.

Her clash with City Hall is in marked contrast with that of Michael Mulgrew, president of the city teachers union, who two years ago explained to the audience at a similar Chalkbeat breakfast what it is like to work with an ally in City Hall.

Moskowitz laid out for her breakfast audience her aggressive expansion plans  which she said she intends to pursue despite de Blasio’s resistance. She estimates the charter sector will serve about 200,000 students in four years (out of the total 1.1 million public school students in New York City) and wants to expand Success Academy to reach 100 schools.

Moskowitz recently released a memoir, which is full of personal details about her history and explains the backstory of Success Academy. She remains a pugnacious advocate for her cause, continuing to take on the unions and the mayor, while arguing that parent choice is central to making schools more equitable.

Here are some takeaways from the event, which was held at the Roosevelt House in Manhattan.  

She decided early on that many district schools are failures.

Moskowitz attended a public elementary school in Harlem, where she said she and her brother were the only white students in the school. She described what she calls the “warehousing of children” and dubbed it “expensive babysitting.” When she attended Stuyvesant High School, she said, she had a French teacher who didn’t speak French and a physics teacher who was sometimes intoxicated.

As a teenager, she started helping Cambodian refugees find schools. In the neighborhoods they could afford, the schools were “God awful,” she said, while nicer schools were in neighborhoods out of their price range.

“It did stick with me that you were totally screwed if you didn’t live on the right side of the street,” Moskowitz said.  

She believes unions and their contracts are a big part of the problem.

Ninety percent of schools “are not working at the most basic level,” Moskowitz said, a dysfunction that she argued is partly due to the rules in teacher and principal contracts.

After becoming chairwoman of the City Council’s education committee in 2002, Moskowitz held hearings on every aspect of the school system including toilet paper. But her biggest showdown came when she decided to tackle the teachers union contract, she said.

“It is not a genteel sport when you take on the teachers union,” she said. “I had never felt like I was living a ‘Godfather’ movie before I took on the unions. It was a very scary undertaking.”

She envisions continued growth for the charter sector, but would not be pinned down on how large it would grow.

Though she has aggressive goals to expand Success, Moskowitz wouldn’t say what percentage of the city’s public schools should be charter schools. She called it a “hypothetical debate” and wouldn’t make a prediction for the future, saying she doesn’t have a “crystal ball.”

Parent choice is at the heart of her philosophy.

Moskowitz said parent choice is “fundamental” and the best bet for ensuring school qualify. Parents also are a bulwark, Moskowitz argued, to ensure  that charter schools — which are run by private boards — will be responsive to the public will.  

She also thinks charter schools should be held accountable for results.

Although charter schools are freed from some bureaucracy, they are highly regulated and do not operate in “some libertarian universe,” she said. She said she holds her own schools to account, believing that she should not increase the number of Success Academy schools unless all are high-quality.

She “urged caution” about trying to engineer diversity at charter schools.

Moskowitz thinks districts can “get the social engineering wrong” when they try to integrate schools by methods such as forced admission or busing. Instead, she argued, parents should be the engine that drives integration in charter schools through their ability to choose which schools their children attend.

The city should concentrate on integrating district schools, where admission to most elementary schools is based on the zones families live in, she said.

“I’m not sure we should put our energy into fixing charters on this front when they are already a much more open, accessible system than the zoned system,” Moskowitz said.

WRONG SCORES

Scoring glitch means thousands of Tennessee students got wrong TNReady score

PHOTO: Chalkbeat Photo Illustration

Just when it seemed that this year’s state testing had gone off with minimal hitches, news has emerged that thousands of exams were incorrectly scored.

About 9,400 students in 33 districts across Tennessee received incorrect scores after the testing vendor, Questar, used a scanning program that included an error. That includes Shelby County Schools in Memphis, where the problem affected just over a thousand students at 11 high schools, school board members confirmed on Friday.

An official with the state’s Achievement School District said he wasn’t aware of the issue, but the ASD is one of 33 districts affected, according to the state.

The errors were isolated to English I and II and Integrated Math II tests for high school students, according to an email to school board members.

Shante Avant, chairwoman for Shelby County’s board, said the errors are concerning, especially after the tumultuous rollout of TNReady in 2016.

“Our kids do have to be assessed so we know how best to support them. And there’s a heightened scrutiny with test scores. But when we’re not able to provide accurate information, it breeds mistrust,” she said.

Here are the Shelby County Schools affected:

The state said tests for students in grades three through eight were re-checked and no errors were detected. “All student score results for grade 3-8 are correct and final,” according to a state email to superintendents.

It’s unclear how much the scoring errors might have distorted district averages, which the state reported in late August. About 1,700 of the changed scores statewide affected whether or not a student passed the test. 

“I don’t know if 1,000 out of 10,000 students is going to significantly impact the district,” said Shelby County board member Chris Caldwell. “But we certainly want to make sure they come out as accurate. It’s especially important for the students.”

Several districts, including Shelby County Schools, chose not to include raw TN Ready scores in student report cards, meaning student grades wouldn’t have been affected by incorrect scores. But confusion remains for board members on how exactly this will impact students as well as teachers, who are evaluated based on their students’ exam scores, Caldwell said.

What is clear is that the scores could have implications for historically low-performing schools. This year’s scores were the second year of the state’s new test for high school students — and the state will use them to decide what happens to struggling schools under its new accountability plan to comply with federal law.  

While TNReady results for individual schools haven’t been released yet, district-level scores for high schoolers showed that few were on grade-level in Memphis school districts.

Questar was new to Tennessee test-making this year and was responsible for distributing and scoring the exams. Questar took over following a string of TNReady challenges in the test’s inaugural year. After the online platform failed and numerous delivery delays of printed testing materials, McQueen canceled testing in grades 3-8 and fired its previous test maker, Measurement Inc.

 “Questar takes responsibility for and apologizes for this scoring error,” Chieff Operating Officer Brad Baumgartner said in an email to the state. “We are putting in additional steps in our processes to prevent any future occurrence. We are in the process of producing revised reports and committed to doing so as quickly as possible.”

Here is the full list of district’s affected:

  • Achievement School District
  • Anderson County
  • Benton County
  • Bradley County
  • Bristol City
  • Carter County
  • Cocke County
  • Collierville City
  • Crockett County
  • Davidson County
  • Elizabethton City
  • Giles County
  • Hamilton County
  • Hardin County
  • Henry County
  • Huntingdon Special School District
  • Jackson-Madison County
  • Knox County
  • Lewis County
  • Lincoln County
  • Marshall County
  • Maryville City
  • Monroe County
  • Montgomery County
  • Obion County
  • Putnam County
  • Roane County
  • Rutherford County
  • Shelby County
  • Smith County
  • Sumner County
  • Union City
  • Weakley County

This story has been updated with comments from Shelby County Schools board chair Shante Avant and Questar. We have updated the story with a full list of districts affected.