aftermath

Few hard details about 24 schools as city prepares legal action

Mayor Bloomberg speaks at a press conference this afternoon in Union Square.

The city canceled meetings with the teachers and principals unions today as its lawyers prepare to seek a restraining order against a ruling that reverses thousands of hiring decisions at 24 struggling schools.

Both the United Federation of Teachers and the Council of School Supervisors and Administrators planned to meet with city officials this afternoon to figure out what would come next for the schools, which had been slated to undergo an overhaul process called “turnaround.” The process involved radically shaking up the schools’ staffs, which total more than 3,500 people. But the arbitrator’s ruling undid all of the changes.

UFT President Michael Mulgrew said the meeting was already on his agenda by Friday afternoon, just hours after the arbitrator ruled that the city’s staffing plans for the schools violated its contracts with the unions.

A main agenda item would have been figuring out a mechanism for staff members who were not rehired at the schools to reclaim their positions. Another issue, Mulgrew said on Friday, was whether the city and unions might instead try to hash out a teacher evaluation agreement for the 24 schools so they could undergo less aggressive overhaul processes and still qualify for federal funding.

But this morning, the city told the unions that the meetings were off.

Mayor Bloomberg explained this afternoon that he thinks the city should not have to abide by the arbitrator’s ruling until the arbitrator explains his reasoning.

The arbitrator, Scott Buchheit, released only his conclusions, not the legal rationale he used to get there. That would come separately, he wrote. The city and unions agreed to fast-track the arbitration, which was binding, on the grounds that schools would be harmed if hiring decisions were not made before the end of the school year.

“I have no idea what was going through the arbitrator’s mind,” Bloomberg said after a press conference about a city greenmarket initiative.

“I can just tell you, there are 24 schools, [and] almost all students there are minorities, single-digit-proficiency levels,” Bloomberg said. “These kids, if they’re there for one more year, will never recover in their entire lives.”

City lawyers are preparing papers to present to a judge as early as this afternoon — but more likely tomorrow — that will make Bloomberg’s case.

The lawyers are not at all assured success: They will be seeking a restraining order in New York State Supreme Court, the same court that urged the city and unions into the binding arbitration in the first place. Plus, they will be asking to put on hold the results of a refereeing process the city willingly entered, with a referee that the city and union both approved.

Meanwhile, teachers at the schools are weighing their options. Any teacher who was rehired as part of the turnaround staffing process will automatically keep his or her job, and any teacher who took a job in another school for the fall can choose whether to keep that position or retake his spot at his former school, according to a message from the UFT to teachers at the schools distributed on Friday.

Teachers who weren’t rehired will be able to reclaim their spots and slide right back into the seniority rank they occupied before. Seniority will come into play if the schools lose students and must shed teachers, which contractually must be done according to the principle of “last in, first out” in each subject area.

All of the principals who were in place last week are also entitled to stay on, even if they had been told they would not return this fall. But a handful of principals who left their schools early in the turnaround planning process this winter — including Barry Fried at John Dewey High School and Anthony Cromer at August Martin High School — will not share that right, according to a principals union spokeswoman.

And staff members at the schools are worrying that even if the rehiring reversal stands, the uncertainty that has hung over the schools since last fall will not abate.

A teacher from Long Island City High School who listened in on the hearing where the city and unions agreed to arbitration said at the time that the turnaround schools would be harmed regardless of the lawsuit’s outcome. “It’s like they’re pushing Humpty Dumpty off a wall,” the teacher said. “You will have a lot of trouble putting [the schools] back together again.”

A teacher at Lehman High School said he’s moving on to another school and expects many of his former colleagues to make the same choice. “The administration and principal completely ignored the school these past few months while they planned for next year,” he said. “I believe that it is very likely that our stats went down from last year.”

Among the unanswered questions is whether the nonprofit organizations that had been working with a dozen of the schools will continue to play a role in their operations. The city had hoped to use federal School Improvement Grants to pay the groups, but the grants are almost certainly off the table because the arbitrator’s decision will mean few if any schools meet federal and state eligibility rules.

“Everyone is nervous about what happens next,” said Lisa Jimenez, a teacher at Newtown High School, which has been working with a group called Diplomas Now. “Do we need to worry about getting closed next June? Do we continue with the original plan of these schools having three years to improve?”

gratitude journal

Gracious students, baking adventures, and kindergarten babies: what Chalkbeat readers say they’re appreciating this year

PHOTO: Alan Petersime
Indianapolis kindergartners dressed for a Thanksgiving feast

For people who mark their lives by the school-year calendar, November can be an especially tough time. The optimism of a fresh start has worn off, but hard work hasn’t fully borne fruit, and there are so many months left before summer break.

So Thanksgiving comes at exactly the right moment to pause and appreciate everything that’s going right. Here’s what Chalkbeat readers said when we asked them what they’re appreciating this year:

“I’m appreciating my students more than ever this year. In a time of such political strife, my students have shown incredible resilience and courage in the face of a very uncertain future. Their ability to balance hard work at school and the work they do outside of the classroom makes me incredibly grateful that they are willing to show up each day and put forth their best effort.” — Ashley Farris, 12th-grade teacher, Denver

“A supportive school family.” — Anissa Christian, kindergarten teacher, Memphis

“I am so thankful for the opportunity to be able to inspire and teach our future leaders of tomorrow!” — Darlene Dorsette, Detroit

What are you thankful for? Add your voice here.

I am thankful for students who are gracious and forgiving when mistakes are made in the classroom. I am also thankful that students who have suffered from so much teacher turnover but are still willing to trust teachers and allow them to invest in their lives.” — Michael Schulte, 11th-grade teacher, Memphis

“It’s now my fourth year in the role of elementary art teacher, and although I do miss the deeper connections I used to make with the students in my classroom, I am thankful for the chance to teach over 400 students every week. Being able to touch so many lives is what teaching is all about.” — Kevin Vaughn, Dolores, Colorado

“Acting wildly goofy with my family. Taking long walks in the cold woods. Baking adventures (mishaps) with my mom. Laughing uncontrollably. Napping on the couch for hours with a good book.” — Katy C., sixth-grade teacher, Denver

“The reaction that you see in students faces when you share an interesting or funny background story about an event.” Virginia DeCesare, high school history teacher, Greenwood, Colorado

“My kindergarten babies.” — Kristy Russell, kindergarten teacher in Memphis

“I’m thankful for my wife, my kids, and that I’m a public school teacher.” — Jeff Ponce, high school special education teacher in Los Angeles

We’ll update this list with more reader submissions as they come in, so add yours here. And please know: We appreciate you. From the comments you leave, to the tips you offer, to the Facebook shares that help our stories reach more people, your contributions make our reporting about your schools so much stronger. Happy Thanksgiving!

Mixed messages

Is the Board of Regents hostile to charter schools? Depends upon whom you ask.

PHOTO: Monica Disare
Regent Collins and Regent Johnson engage in a discussion after a Board of Regents meeting.

When the Board of Regents took the unprecedented step of rejecting two new charter schools last week, it sent shudders through the charter school sector.

Even before the meeting last Monday, the Regents had been making charters “nervous,” said Andrea Rogers, the New York State Director for the Northeast Charter Schools Network. The rejections only heightened the anxiety.

“I think these denials skyrocketed the issue to the front of people’s minds,” she said.  

And yet, during the same meeting, the board praised and signed off on the opening of five other charter schools, which brings the number of new schools approved this year to more than any year since 2013.

The meeting was emblematic of the mixed signals that this Board of Regents have been sending over the last few months, feeding different interpretations among both those who advocate for charter schools and those who champion traditional schools

The board’s willingness to criticize and question charters have many believing the Regents are, at best, skeptics and, at worst, opposed to the publicly funded, privately run schools that they authorize and oversee.

At the same time, the Regents have not been without praise for charters, and some charters say they have appreciated the support of the body and the state’s support staff.

Chancellor Betty Rosa said the Regents’ decisions are evidence of nuance, not rigid ideology or partisanship.

“I think there’s too many times when people want to simply say ‘you’re for’ or ‘you’re against.’ It’s so much more complicated than that,” Rosa told Chalkbeat in an interview Wednesday. “To me, if it’s a wonderful opportunity for kids — you got me. If it’s not, I’m probably going to be your worst enemy.”

As an authorizer, the Board of Regents has the power to approve new schools and decide which of its 87 schools should remain open. In addition to deciding the fate of individual schools, the board is rethinking how it evaluates all of its schools   and whether they should take a closer look at measures like surveys or chronic absenteeism.

With several new members and a relatively new leader, the Regents’ actions have been under particular scrutiny for signs of partisanship. Some have seized on recent events, such as critical statements made by some Regents as charter schools have come before the board for approval or renewal.

One Regent suggested that charter schools achieve high test scores by pushing out students; another suggested a charter school in Brooklyn is contributing to segregation.

Rosa has fiercely opposed a proposal that would allow some charter schools to certify their own teachers, calling the idea  “insulting.” The board also rejected a batch of Success Academy renewals, arguing that their authorizer attempted to renew the high-performing but controversial charter schools too soon. (The move had little practical effect, since their authorizer, SUNY, can override the board’s decision.)

Rosa said the sum of these decisions does not mean either she or the board is anti-charter. Her opposition to the teacher certification proposal had nothing to do with the source of the proposal — a charter authorizer — but because, she said, she believes the idea is an affront to the teaching profession and will allow unqualified teachers to enter classrooms.

The Success Academy renewals, she said, were returned based on legal requirements — and were not an appraisal of the charter network.

But taken together, observers of different educational ideologies have concluded that the board is more likely to probe problems with charter schools than in the past.

“It is quite a change from a couple years ago, and it does show greater misgivings about charter schools than what we saw under the board as it was previously constructed,” said Bob Lowry, deputy director of the New York State Council of School Superintendents. (Lowry said he appreciates that the board is paying more attention to how charter schools will affect the funding of surrounding school districts.)

The state’s teachers union has picked up on the change and praised the board for providing more oversight of charter schools, while calling on them to do more.

“The Regents, at this point, are providing much overdue scrutiny of the charter sector,” said NYSUT spokesman Carl Korn. “We believe that the Regents and the state education department need to do more, but this is a good step.”

Charter school advocates agree, seeing the Board of Regents’ actions as worrying. Since the board’s philosophy is hard to pin down, schools are starting to wonder if they can switch authorizers, Rogers said.

Yet there are signs that charters’ fear are based on conclusions that are far too sweeping. As the board rejected two schools outside of New York City, they also lauded applications for schools opening in the city a fact that may suggest differences in how the Regents assess schools in different areas of the state.

Regent Christine Cea welcomed a new school in Staten Island, saying she is “totally in favor of it.” Rosa expressed excitement about a new KIPP school in the Bronx, saying the community has “tremendous support” for its opening.

Rosa said Regents are more thoughtful and involved in reviewing schools now. She suggested that there are educational innovations that can be learned from charter schools, but also offered some critiques. At the top of her list, she worries that charter schools are not well-equipped to serve students with the most severe disabilities.

Several schools that are currently authorized by the board expressed their appreciation for the Board of Regents and those in the state education department’s charter school office who provide technical assistance to schools and create charter school recommendations for the board.

“On our quest to better serve scholars with learning differences, we have found no better ally,” said Eric Tucker, who is a co-founder of Brooklyn Laboratory Charter School. “Through technical assistance and oversight, the Regents push public schools like ours to continually improve to better serve the needs of all students, all days.”

Still, said Bob Bellafiore, an education consultant who works with charter schools, several Regents come from district school backgrounds, and so their default attitude is to question charter schools and support the traditional school model.

“They’re much more district school system people,” Bellafiore said.