negotiating negotiations

Walcott: City won’t strike evaluation deal just to get federal funds

The city won’t strike a deal on new teacher evaluations just to get millions of dollars in federal funding, Chancellor Dennis Walcott said last week.

The city and teachers union are supposed to settle on new teacher evaluations by the end of the school year. An agreement would bring the city into compliance with state law and also enable it to receive millions of federal dollars that have policy strings attached to them.

Earlier this month, a New York Daily News editorial said Walcott “has committed to surrender $60 million in federal school improvement grants unless he and the teachers union have agreed by the end of the year on a pilot system for evaluating teacher performance.” The newspaper, which praised Walcott’s tough-on-unions sentiment, did not report the chancellor’s exact words in its news or editorial pages.

Last week, Walcott told me that the editorial accurately paraphrased a comment he made. Coming to an agreement that satisfies both parties is so important, he said, that he does not want the federal funds to force his hand prematurely.

“I’m not going to be hampered by money being the sole force of what a decision will be,” Walcott said. “So at the end of the day if we have to return money, I will be willing to do that. I’m not going to be beholden to money as determining a decision.”

Last summer, as a federal deadline loomed, the city and UFT struck a last-minute, limited agreement on teacher evaluations at 33 low-performing schools, enabling the schools to receive millions of dollars to fund “restart” or “transformation” improvement processes.

Now, with much more money on the line and negotiations between the city and UFT souring, those schools remain the only ones eligible to receive Race to the Top funds according to state rules. DOE officials say the about 100 other city schools meet other eligibility requirements.

Walcott’s suggestion that the city might miss out on some of the Race to the Top funds it was promised raise a possibility that some supporters of the Obama Administration’s carrot-and-stick approach to effecting education policy changes at the state level have warned from the start: States and districts that don’t keep their Race to the Top promises could be penalized.

“The U.S. Department of Education has said it will stop dispersing money to states that are not complying with their Race to the Top plans,” said Charles Barone, director of policy research at Democrats for Education Reform. “They haven’t done that yet, but it seems New York is a top candidate.”

Promised reforms face an added execution challenge in New York, which requiring districts to negotiate evaluation deals at the local level, according to Sandi Jacobs, vice president of the National Council on Teacher Quality, a group that advocates for changes in schools’ human capital policies.

“Other states have been much more direct in saying that this is the system,” Jacobs said, referring to statewide systems set out by other Race to the Top winners.

Barone said the state is right to insist on only distributing Race the to Top funding to schools that have new teacher evaluations in place, even though that policy severely limits the pool of eligible schools. But he said the policy could set the state up to lose out.

New York “won the money for than a year ago, and if all they have to show in the entire city of New York is 30 schools, then it seems that they might not be able to deliver on their promise and are reneging on the agreement they made with the feds,” Barone said.

With the deadline to hammer out local teacher evaluation deals still more than half a year away, there’s more than enough time for the city and union to come to an agreement. Walcott said the city is far from giving up on the prospect.

“I’m an eternal optimist, and I believe we will be able to reach some kind of agreement around teacher evaluations and where we’re going,” he said.

certification showdown

Judge strikes down rule allowing some New York charter schools to certify their own teachers

PHOTO: Monica Disare
Success Academy hosts its annual "Slam the Exam" rally at the Barclays Center.

In a blow to charter schools in New York, a rule that would have allowed certain schools to certify their own teachers was blocked in court Tuesday.

The judge’s ruling upends the plans of the city’s largest charter school network, Success Academy, and wipes out a legislative victory that New York’s charter sector thought it had won — though the decision will likely not be the end of the legal battle.

The regulations, approved by the State University of New York in October 2017, were designed to give charter schools more discretion over how they hired teachers. They eliminated the requirement that teachers earn master’s degrees and allowed charter schools authorized by SUNY to certify their teachers with as little as a month of classroom instruction and 40 hours of practice teaching.

Some charter networks argued their existing in-house training programs are more useful to new teachers than the training required for certification under state law.

But the rule was quickly challenged by the State Education Department and the state teachers union, which filed separate lawsuits that were joined in April. They argued that SUNY overstepped its authority and charged that the rule change would lead to children being taught by inexperienced and unqualified teachers.

The ruling was issued Tuesday by State Supreme Court Judge Debra J. Young, who wrote that the new certification programs were illegal because they fell below the minimum requirements issued by the state.

Charter networks “are free to require more of the teachers they hire but they must meet the minimum standards set” by the state, the judge wrote in her order. Young also concluded that laws requiring public comment were not followed.

“Today’s decision is a victory in our fight to ensure excellence in education at all schools,” state teachers union president Andy Pallotta said in a statement.

The Success Academy network and the Bronx Charter School for Better Learning had their plans for homegrown teacher certification programs approved in May, according to SUNY officials.

Success Academy spokeswoman Anne Michaud said the network is disappointed with the judge’s decision.

“As the top-performing public school system in the state, we are working to meet the demand for excellent schools that families in New York City are so desperate for, and we will continue to fight for what we know is our legal right: to train world class teachers and fill the teacher shortage that hampers so many disadvantaged neighborhoods,” Michaud said in a statement.

The certification policy grew out of the 2016 budget deal, when state lawmakers gave SUNY the authority to regulate the “governance, structure and operations of charter schools.”

The state’s top education officials — Commissioner MaryEllen Elia and Board of Regents Chancellor Betty Rosa — have long seemed offended by the new regulations. On a panel last year, Elia said, “I could go into a fast food restaurant and get more training than that.”

In a joint statement on Tuesday, Elia and Rosa praised the court’s decision as a “victory for all New York’s children.”

“In its strong opinion, the court rightly upheld the Board of the Regents and the Commissioner’s authority to certify teachers in New York State,” the statement reads.

On Tuesday, SUNY officials said they planned to appeal and believed that the judge’s ruling also offered a roadmap for creating new certification rules as long as they met those minimum standards.

“We are reviewing today’s decision. While we are disappointed that it did not uphold the regulation as written, it acknowledged the ability of the Charter School Institute to issue regulations,” said  SUNY spokeswoman Holly Liapis in a statement. “We will further evaluate our next steps.”

This post has been updated to include a statement from SUNY and from Success Academy.

survey says

More bullying reported at New York City schools, study shows

PHOTO: Anthony Lanzilote

More New York City students say there is bullying in their schools, a report released Monday showed. The findings also revealed that many schools reporting the greatest number of violent incidents on campus have no social workers on staff.

The report was commissioned by New York City Comptroller Scott Stringer.

Stringer also released an audit of how school safety matters are recorded, and concluded that the education department should provide more oversight and streamline incident reporting rules.

“The audit found clear breakdowns in communication in the reporting and tracking of incidents and actions taken,” according to a press release from Stringer’s office.

The education department disputed some of the comptroller’s findings, and in a written statement, spokeswoman Miranda Barbot wrote: “We have detailed protocols in place to ensure allegations of bullying are immediately reported, investigated and addressed, and are investing in both anti-bullying initiatives and mental health supports.”

But the pair of reports raises scrutiny of Mayor Bill de Blasio’s school discipline reforms, which favor  “restorative” practices that emphasize mediation over punishment, and make it harder to suspend students.

Advocates of the de Blasio reforms say the shift is necessary because black and Hispanic students are more likely to be arrested or disciplined at school. Research has shown such disciplinary action can lead to higher dropout rates. Critics of the reforms, meanwhile, say the changes have created more chaotic schools.

The findings are also likely to add to a chorus of parents and elected officials who say more emotional supports are needed for the city’s most vulnerable students. Students who experience a mental health crisis during the school day may be handcuffed and shuttled to hospitals. The city’s latest budget, which was approved last week, includes an additional $2 million to hire social workers and guidance counselors in schools that currently don’t have any.

Here are some highlights from the reports.

More students report there is bullying in their schools — but the data comes with a catch.

Last year, the education department’s annual survey showed that 82 percent of students said their peers “harass, bully, or intimidate others in school.” That’s up year over year, and up significantly from 65 percent of students in 2012, which was the lowest rate recorded since at least 2010. (De Blasio’s discipline reforms started to take effect around 2015.)

A note about these numbers: Prior to 2017, the survey asked whether students harass, bully or intimidate other students none, some, most, or all of the time. The most recent survey responses were slightly different: none of the time, rarely, some of the time, or most of the time — a change that may have artificially inflated the bullying numbers.

That’s enough to render the survey data unreliable said Max Eden, a researcher who has studied school climate for the conservative-leaning Manhattan Institute — a critic of the mayor’s discipline reforms. Still, taken with other findings, it’s reasonable to think that bullying is on the rise at city schools, he said.

Among the other evidence: A first-of-its-kind report, released this month under a new city law, that showed substantiated bullying incidents are on track to increase this year.

Schools that log the most violent incidents often lack mental health supports.

Guidance counselors and social workers are key when it comes to creating safe schools because they can help address the root cause of violent or troublesome behavior, advocates who want more mental health supports say.

But many of the city’s neediest schools go without that help.

Of the schools reporting the most violent incidents on campus, 36 percent lack a full-time social worker, the comptroller found. On campuses where there are social workers, caseloads are a staggering 700 to one. That far exceeds the recommended ratio from the National Association of Social Workers of 250 general education students per social worker — and it’s higher than the citywide average of 612 students per social worker, according to the comptroller.

The comptroller’ compares that to the ratio of New York Police Department school safety agents who are placed in schools: There is one safety agent per 228 students, according to the report.

“Our city is failing to meet the social and emotional needs of our students,” Councilman Mark Treyger, of Brooklyn, who has pushed the city to report more up-to-date bullying data and to hire more school counselors, said in an emailed statement.

Schools may be underreporting violent incidents, something the education department disputes.

In a separate audit, the comptroller compared logs kept by school safety agents to incident reports filed by school leaders. In 21 percent of cases, incidents that were noted by safety agents were not reflected in the school reports.

The school data, in turn, are used to report incidents to the state for its Violent and Disruptive Incident Report, or VADIR. The discrepancy could raise questions about the already-controversial reporting system. (VADIR has been criticized for classifying schoolyard incidents as serious offenses, and the state has tweaked its definitions in response to those kinds of concerns.)

This finding also comes with some caveats. The comptroller looked at only 10 schools — a tiny sample of the city’s portfolio of about 1,800. And the education department took issue with the methodology.

In its response to the audit, education department officials said that the police data doesn’t align with the state’s reporting categories, and that the information may not be comparable because of student privacy concerns and recordkeeping issues on campuses where multiple schools share a building.