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?”

In the money

Here’s how Colorado schools would spend an extra $100 million from the state

PHOTO: Helen H. Richardson/The Denver Post
Hannah Moore, 8, shows off her moves during practice for an after school talent show that is part of the Scholars Unlimited After School program at Ashley Elementary school on March 10, 2017 in Denver, Colorado. Scholars Unlimited is an after school and summer program funded by the 21st Century Community Learning Center Grant, which is threatened to be cut entirely under the White House's budget cuts. The 21st Century Community Learning Center Grant served almost 20,000 students in Colorado between 2015 and 2016 and 76 percent of students showed academic improvement. (Photo by Helen H. Richardson/The Denver Post)

Legislators on the Joint Budget Committee unanimously decided this week to set aside $100 million to “buy down” the budget stabilization factor.

This number – $822 million in 2017-18 – is the amount by which Colorado underfunds its schools when compared to the constitutional requirement that spending on education increase every year based on student count and inflation. It’s more commonly known as the negative factor, though lawmakers are trying to get away from that term.

For several years now, lawmakers have held the negative factor steady, but this year, as Colorado has more money to spend than it has had in a long time, Gov. John Hickenlooper wanted to make a dent in it and requested the $100 million reduction. To be clear, a $100 million reduction in the negative factor is $100 million more that the state would send to districts. Technically, this number will be finalized in a separate piece of legislation, the School Finance Bill, which is coming any day now.

But state Rep. Millie Hamner, the Dillon Democrat who chairs the Joint Budget Committee, wanted to give some reassurance to educators that the money will be there in the budget. 

“It would send a message to our K-12 community that we are not spending that money and have set it aside,” she said.

And educators have been clamoring to hear that message. The Colorado School Finance Project has been running a social media campaign for the $100 million buydown using the hashtags #k12needsco and #kidsmattertoo.

The non-profit asked school superintendents around the state to say what they would do with the extra money, which translates to an additional $114 on average for each enrolled student, compared to holding the budget stabilization factor steady. The answers are identified by region, but not by district.

Here’s a small sample of the responses:

You can read all of them here.

The Joint Budget Committee has set total program spending on education at $7.75 billion before the negative factor is applied, up from $7.45 billion this year, a 4 percent increase. Of total program spending, the state will pay $4.4 billion, with the rest coming from local property taxes. This doesn’t include voter-approved tax increases known as mill levy overrides.

That translates to average per-pupil spending of $7,959, compared to $7,662 this year. A budget stabilization factor of $722 million would yield an average per-pupil amount closer to $8,074. 

The smaller budget stabilization factor is significant beyond just one budget year because state law says that this number shouldn’t get larger from one year to the next. However, Colorado superintendents are also pushing for a tax increase and change to the distribution of school money. It will take more than an additional $100 million spread among 870,000 students to address all the needs they identify in their responses to the Colorado School Finance Project.

Hickenlooper had also requested an additional $200 million for the state education fund, with the intention that that money be used to offset costs to districts from proposed changes to the public pension system and expected reductions in property tax revenue in rural communities.

The Joint Budget Committee instead voted to set aside $225 million to deal with costs associated with fixing the Public Employees Retirement Association’s unfunded liability – but in the general fund rather than the state education fund and not specifically to help schools, where retirement costs account for a big chunk of the personnel budget.

The committee also agreed to set aside $30 million to help small rural districts with low tax bases and was supportive of setting aside $10 million to address rural teacher shortages, though some of the details are still being worked out.

March for Our Lives

Memphis students say Saturday protest is not just about school shootings. It’s about all gun violence.

PHOTO: RJ Sangosti/The Denver Post
A student at Columbine High School holds a sign during a protest of gun violence, on March 14, 2018 in Littleton, Colorado.

Students marching Saturday in Memphis against gun violence say they are not only protesting the shootings that killed 17 people last month at a Florida high school. They also are speaking out against shootings that happen daily in their own city.

Seventeen-year-old John Chatman says he fears school shootings, but he especially fears the common gun violence in his neighborhood of South Memphis. He has lost close friends to shootings.

“It can happen anywhere, anytime,” Chatman said. “I think [this march] is a great stand. We should protest against school shootings. But we have to talk about what kids like me are seeing in Memphis on the daily.”

Memphis had 200 homicides in 2017, down from 228 the previous year, the deadliest year recorded in the city in two decades.

Chatman is one of hundreds of Memphians expected to participate in this weekend’s March for Our Lives event as part of a nationwide protest sparked by the Feb. 14 school shooting in Parkland, Florida. The largest march will be in Washington, D.C., where up to a half million protesters are expected, but smaller demonstrations are planned in cities and towns across the nation. In Tennessee, other marches are slated for Jackson, Nashville, Chattanooga, Knoxville, Clarksville, Cookeville, and Johnson City.

The Memphis march will start at 10 a.m. at Claiborne Temple, and Savanah Thompson will be there. One of more than a dozen student organizers, she worries that news about people getting shot has become commonplace.

“Being in Memphis, you get used to hearing about gun violence,” said Thompson, a freshman at White Station High School. “This affects the youth in our city. … We never want a school shooting to happen in Memphis or anywhere ever again.”

Alyssa Kieren, a student leader at Collierville High School, hopes the march fosters a sense of unity.

“We’re trying to stress that this isn’t a partisan issue,” Kieren said. “We have to acknowledge there is a problem and we have to come up with solutions. … The thing we’re upset about is that children are dying in our schools, and they’re dying in our city.”