Funding fight

Does Tennessee have to follow its own school spending plan? Court prepares to weigh in

PHOTO: Kelly Wilkinson / The Star
A first grader does his work while sitting on a bilingual rug at Enlace Academy, Tuesday, April 14, 2014. The charter school, with 55 percent English-language learners, uses a blended language learning approach.

Tennessee lawmakers voted this year to give local school districts more funding for the state’s growing population of English language learners.

Now, the state’s lawyers say Tennessee doesn’t have to follow through on its own plan.

At a hearing Friday at the Davidson County Chancery Court, attorneys for the state and Metropolitan Nashville government faced off on the issue, the latest development in a series of legal challenges by local districts over education dollars from the state.

Metro Nashville Public Schools, which serves about a third of the state’s ELL population, is seeking a court order demanding that the state provide the district with funds promised under its recently revised funding formula known as the Basic Education Program, or BEP.

State lawmakers voted this year to increase ELL funding based on a 1:20 student-teacher ratio instead of the previous 1:30 ration, but only provided Nashville with money for a 1:25 ratio. That’s about $4 million short of what was promised this school year, say Nashville school leaders.

Attorneys for the state say Tennessee isn’t obligated to follow through with its own spending plan — and that Nashville doesn’t have the grounds to seek the order in the first place.

Chancellor Claudia Bonnyman is scheduled on Sept. 26 to decide the matter. She can issue the order, deny the city’s petition, or instruct Nashville to refile its challenge as a declaratory suit, as two of Tennessee’s other large school districts have done. Should she side with Nashville, she’d likely give the state a long deadline that allows the legislature to appropriate the additional funds at its session next year.

The state says Tennessee isn’t legally required to follow the BEP, and that it provided Nashville with enough money for now, with intentions to phase in more funding eventually to meet the new BEP ratio. It says Nashville cannot prove it has a right to the additional funding, and that the courts cannot compel the legislature to appropriate more money.

Nashville’s Sept. 1 petition differs from the lawsuits spearheaded last year by Shelby County Schools in Memphis and Hamilton County Schools in Chattanooga, because it directly demands the state to pay based on the BEP formula. The other districts’ lawsuits charge that the state isn’t adequately funding public education in Tennessee and ask the court to decide what districts have a right to receive, potentially impacting districts statewide.

In its response to Nashville’s petition, the state says Nashville should follow the other districts in asking the court to address their right to education funding, rather than for a direct order to pay more money. “(Nashville) seeks a writ of mandamus that would require the General Assembly to provide funding to ELL teachers and translators in the ratios provided in (Tennessee Code),” the response reads. “… However, (Nashville) is not entitled to that writ.”

Nashville’s lawyers countered that a court order is appropriate, and that its funding case is different from those of the other large districts.

At the heart of the other lawsuits is the question of the BEP’s adequacy. Nashville’s lawyers say they’re willing to maintain for now that the state’s current funding plan is adequate; they’re just demanding that the state comply with it.

“What (the state’s lawyers) fail to understand is that (Nashville) accepts, for purposes of this lawsuit, the BEP in its current form — but demands (the state) live up to the Supreme Court’s directive that the BEP is fully funded,” Nashville attorneys wrote in their response to the state’s objection filed this week.

A 1995 Tennessee Supreme Court decision declared that the state must fund the BEP regardless of revenue.

Shelby County Schools’ case against the state is currently in discovery, meaning both sides are gathering evidence and building their cases for trial. Hamilton County’s case is also continuing since Bonnyman denied the state’s request for dismissal.

awards season

For the first time in two decades, New York’s Teacher of the Year hails from New York City — and West Africa

PHOTO: New York State Education Department
Bronx International High School teacher Alhassan Susso, center, is New York State's 2019 Teacher of the Year.

An immigrant from West Africa who teaches social studies to immigrant students in the Bronx is New York State’s newest Teacher of the Year.

Alhassan Susso, who works at International Community High School in Mott Haven, received the award Tuesday, becoming the first New York City teacher to do so since 1998.

As the state’s Teacher of the Year, Susso will travel the state to work with local educators — and will represent New York in the national competition at a time when federal authorities are aggressively seeking to limit immigration.

A decorated teacher with significant vision impairment since childhood, Susso came to New York from Gambia at 16 and had a rocky experience at his upstate high school, which he chronicled in an autobiography he published in 2016. Assuming that he would struggle academically because he was an immigrant, even though English is the official language of Gambia, his teachers assigned him to a remedial reading class. There, he found a compassionate teacher who was attentive to the diverse needs of her students, who came from all over the world.

Now, Susso is playing that role at his school. International Community High School, part of the Internationals Network for new immigrants, has a special program for students who did not receive a formal education before coming to the United States.

“Alhassan Susso exemplifies the dedication and passion of our 79,000 New York City teachers,” city Schools Chancellor Richard Carranza said in a statement. “Using the obstacles he’s overcome and lessons he’s learned in his own life, Alhassan has changed the trajectory of students’ lives and helped them pursue their dreams.”

New York City teachers make up nearly 40 percent of the state’s teaching force but have won the Teacher of the Year honor only six times since 1965, the last in 1998. This year’s winner had a strong chance of ending the two-decade shutout: Two of the three finalists teach in the Bronx. In addition to Susso, Frederick Douglass Academy III chemistry teacher William Green was up for the award.

regents roundup

Regents support a new way of evaluating charter schools and soften penalties for schools with high opt-out rates

PHOTO: Monica Disare
Chancellor Betty Rosa, center, at a recent Board of Regents meeting.

New York’s top education policymakers tentatively approved new rules Monday on two hot-button issues: the penalties for districts and schools where many students opt out of state tests — and how nearly 100 charter schools across the state will be evaluated.

Here’s what you need to know about the new policies that the state’s Board of Regents set in motion.

Potential penalties for high opt-out rates were softened

After criticism from activists and parents within the opt-out movement and pushback from the state teachers union, the Regents walked back some of the consequences schools and districts can face when students refuse to take state exams.

Among the most significant changes, which state officials first floated last week, is that districts with high opt-out rates will not be required to use a portion of their federal funding to increase their testing rates.

“I do not ever want to be the person who takes money away from children,” State Education Commissioner MaryEllen Elia said.

The regulations are part of the state’s plan under the federal Every Student Succeeds Act and stem from a federal mandate that 95 percent of students take the state’s annual reading and math exams.

The Regents tweaked other rules requiring schools to create improvement plans if they fall below the 95 percent threshold. Schools with average or higher test scores will not have to come up with those plans.

Still, some parents who support the opt-out movement and who attended Monday’s meeting said the changes don’t go far enough and that schools with lower test scores should also be exempt from coming up with plans to boost participation rates.

“There’s still so much left to be addressed,” said Kemala Karmen, a New York City public school parent who attended the meeting.

The new regulations will likely not have a major effect in New York City, where opt-out rates have remained relatively low. Although New York State has been the epicenter of the test-boycott movement — with roughly one in five students refusing to take the tests, according to the most recent data — less than 4 percent of the city’s students declined to take them.

The Regents unanimously approved the changes, although their vote is technically preliminary. The tweaks will still be subject to a 30-day public comment period and will likely be brought to a final vote in December.

New criteria for evaluating charter schools

The Regents also narrowly approved a new framework for evaluating the roughly 100 charter schools that the board oversees across the state, 63 of which are in New York City.

The new framework is meant to bring charter schools in line with how the state judges district-run schools. Under the new federal education law, the Regents have moved away from emphasizing test scores as the key indicator of a school’s success.

In keeping with that shift, the new charter framework will require schools to have policies covering chronic absenteeism, out-of-school suspension rates, and other measures of school culture to help decide whether they are successful enough to remain open.

And while the new framework does not spell out specific rates of chronic absenteeism a school must fall below, for example, it does explicitly add those policies to the mix of factors the Regents consider. (Officials said that test scores and graduation rates would still remain among the most important factors in evaluating charter schools.)

At Monday’s meeting, discussion of the charter framework prompted broad complaints about the charter sector from some Regents. The state’s framework for evaluating charters was last updated in 2015; the board has added several new members and a new chancellor since then.

The current board has repeatedly sent mixed messages about the sector, approving large batches of new charters while also rejecting others and raising questions about whether the schools serve a fair share of high-need students.

“We’re giving money away from our public schools to charters,” Regent Kathy Cashin said, emphasizing that she believes the state should more deeply probe when students leave charter schools and survey families to find out why.

Charters receive some freedom from rules governing most district-run schools, but in exchange the schools are expected to meet certain performance benchmarks or else face closure.

State officials said the new framework does not include new standards for how New York judges enrollment and retention. Under the current rules, schools must enroll a similar number of students with disabilities, English learners, and low-income students as other nearby district schools. If they don’t, they must show that they’re making progress toward that goal.

Ultimately, the new framework was approved eight to five in a preliminary vote and will be brought back to the full board for approval on Tuesday.