Friday, June 15, 2018

Send in your comments today to the state on how they need to enforce the student privacy law; and how NYC DOE violates it in many ways

Only two more NYSED student privacy forums remain: tonight, Friday June 15, in Albany and in Queens at Aviation HS in Long Island City on Monday, June 18th;  more info here.
I urge anyone who can attend to do so.

In any case, please send in your comments ASAP to PrivacyForumComment@nysed.gov; the deadline is also Monday, June 18th.  Here is a sample message:

The NY student privacy law, Section 2-D, was passed in 2014, more than four years ago, and yet the state has made very little progress in implementing or enforcing this law.  The NY Parent Bill of Privacy Rights as written needs to be expanded to require full transparency from districts and schools, including the posting of all contracts with vendors or other organizations that gain access to personal student information, prohibiting contractors from making further redisclosures to third parties without parental consent; and including far more rigorous security standards to prevent breaches, ransomware and other growing risks to children's privacy.  

The current Parent Bill of Rights also lacks any mention of the critical legal rights parents have to protect their children's privacy under four important federal student privacy federal laws, including the Individuals with Disabilities Education Act  (IDEA) the National School Lunch Act (NSLA), the Children's Online Privacy Protection Act (COPPA) and the Protection of Pupil Rights Amendment (PPRA).

NYSED  must also do far better in enforcing the law.  The NYC DOE currently violates students privacy in several ways, including making personal student information available to charter schools for marketing purposes; and failing to include any mention of the Parent Bill of Privacy rights in its contracts with vendors, as the state law requires.  The DOE currently shares a great deal of personal student information with CBOs, including students' sexual preferences, without parental knowledge and allows the College Board to ask students' personal questions before the administration of the PSAT and SAT exams, without prior parental consent -- which violates at least three federal student privacy laws, according to recent guidance from the US Department of Education: FERPA, PPRA and IDEA.  

Finally, I urge you to appoint a Stakeholder Data Privacy oversight board, as SED promised to do in 2009 in return for a federal grant, which would provide critical ongoing public oversight into the collection of personal student data by the state and districts, as well as their privacy-enhancing policies and practices. 

Yours sincerely, [name, address, email]

My testimony from last Tuesday's student privacy forum in Manhattan is below.  In it, I explain in more detail all the problems with the state's lack of enforcement mentioned above and more.  Please feel free to quote from any of this if you like.  It took me over two years to access any contracts from DOE, and what I have found so far is quite startling. thanks Leonie




Saturday, June 9, 2018

Bob Herbert and I talk about hot-button education issues; segregation, testing, charter schools, Betsy DeVos, teacher strikes and more!


Recently I had the pleasure of appearing on Bob Herbert's Op-Ed. TV show on CUNY-TV.  We spoke about segregation in our public schools, charter schools, testing, Betsy Devos' visit to NYC, class size, teacher strikes, how the Democratic party needs to reclaim the issue of equitable education, and more.

I'm so grateful to be able to discuss about these issues in depth rather than be limited to a soundbite in the mainstream media.  Bob used to have a regular column in the NY Times where he wrote incisively and passionately about many about these issues.  Sadly, the Times no longer has anyone on either the editorial staff or op-ed page who focuses on public education with a progressive point of view. Instead, too often we see pieces authored by charter school cheerleaders.  Please watch the segment below and let me know what you think!  thanks Leonie

Wednesday, June 6, 2018

Class Size Matters & NYSAPE protest punitive regs allowing the Commissioner to intervene in schools with high opt out rates, withhold funds or even close them

This afternoon, Class Size Matters and NYS Allies for Public Education sent the below letter to the Commissioner Elia and the NYS Board of Regents, expressing our strong objections to the draft ESSA regulations that were released last month.  

These regulations violate assurances that were given parents that NYSED would continue to respect their rights to opt their children out of the state exams.  Instead the regs would allow the Commissioner to wrongly identify their children's schools in need of "Comprehensive Support," withhold Title One funds and even close these schools or turn them into charters if the opt out rates were judged too high.  NYSUT, the state teachers union, sent a similar letter of protest on May 29.

The Regents will be discussing these regs at their meeting on Monday, June 11.   Feel free to contact Elia at Commissioner@nysed.gov or your Regents member to make your voices heard.   You can also submit comments through July 9 to ESSAREGCOMMENT@nysed.gov .


Friday, June 1, 2018

Principal at closing school accuses Superintendent of sexual harassment

Patricia Williams, Crotona Academy principal  (credit: Daily News)
Yesterday, Ben Chapman of the NY Daily News wrote an explosive story about how Patricia Williams, the principal of Crotona Academy, had filed a complaint with the NY State Division of Human Rights, claiming she was sexually harassed by the Superintendent of Transfer schools Paul Rotondo in February 2016.

She further reported that after she rebuffed his advances, he announced that he would close her school.  Sure enough, this past April, the Panel for Educational Policy voted 7 to 5 to approve the Superintendent Rotondo's proposal to do just that.

In a follow-up story, the DOE says they will investigate the allegations against Rotondo, though they are sticking by their determination to close the school, which they claim "was made after a careful review of multiple measures of school performance and in the best interest of student and families."

Crotona Academy,  in good standing with the state, is a Bronx high school for under-credited students who have failed at high schools elsewhere; one Crotona student said he had attended five different schools and this was the first one in which he felt he could be successful.  At the Panel for Education Policy meeting on April 25,  many  Crotona students passionately echoed these sentiments and some warned that they would drop out if the school was closed.

I wrote previously about the heartbreaking PEP meeting where every single Panel member appointed by the Mayor voted to rubber-stamp the closing of this school; with only the Borough President appointees voting no, despite the fervent pleas of  students, parents and teachers.

In the same blog post, I also reported on the Mayor's dismissive comments that morning about why there were so few sexual harassment complaints that the DOE has substantiated.  De Blasio claimed that this resulted from an unjustified "culture of complaint" at the agency, comments he later took back when they provoked a storm of criticism.

In a subsequent post, I went on to explore the culture of corruption at DOE,  following the series of articles by Sue Edelman in the NY Post revealing how several NYC principals found guilty in civil court of having sexually abused teachers have kept their jobs and their six-figure salaries because of the failure of DOE to properly investigate these cases.

Never did I think that unchecked sexual harassment at DOE and unfair school closures would be linked, but at least in the instance of Crotona Academy they allegedly were.

Here is a fact sheet prepared by the school, disputing much of the data used by the DOE to justify its closure. There will also be a federal lawsuit to block the closure.

Below is a copy of Patricia Williams' complaint, and below that, a segment from WOR TV Chasing News about Crotona Academy, as well as some additional links about the vote to close the school.








Crotona Academy Closure-Performance video at PEP Rally April 25, 2018


Crotona Academy School Closure Vote (Chalkbeat)


A Bronx High School Protests Its Closure (WNYC)

Will DeBlasio Close Another School for At-Risk Students? (Diane Ravitch blog)

Thursday, May 31, 2018

Reserve your seats now for our Annual Skinny Award dinner on June 19!

Please reserve your seats now for our Annual "Skinny Award" dinner on 

Tuesday June 19. 


We will be  honoring four tremendous individuals who have given us the "real skinny" on NYC public schools:
  • Council Member Danny Dromm, Chair of the Finance Committee & former Education Chair
  • Norm Scott, retired teacher and blogger/videographer extraordinaire
  • Fred Smith, testing expert and critic
  • And a surprise honoree who will be announced at the event!
Join us on June 19, 2018 at 6 PM at Casa La Femme, 140 Charles St. in Greenwich Village, for a delicious three course meal with a glass of wine and great company!


This is always one of the most joyous events of the year, where we celebrate our victories and gain strength for the challenges to come. Buy your tickets today.


Even if you can't make it, please consider making a contribution at the above link in honor of these terrific awardees, and to support our work for small classes, student privacy and parent empowerment going forward.

Wednesday, May 30, 2018

After 32 years of teaching, wisdom from James Eterno on Common Core and other education fads


James Eterno

This blog post is by James Eterno, public school teacher and advocate who is retiring after 32 years of teaching.  This included many years as a beloved social studies teacher at Jamaica HS, which James valiantly fought to keep open, and three and half years at Middle College high school, as an esteemed member of the Absent Teacher Reserve.  Here is a video of James at a Jamaica HS rally.  James won our Skinny Award in 2011 as a "teacher-warrior" who gave us the "real skinny" on closing schools.  Much wisdom is expressed in his observations below; if only Chancellor Carranza were listening!  If only he would hire James as his education advisor!


Common Core is Just Another Education Flavor of the Month

In thirty-two years of teaching in the New York City Public Schools, I have seen educational fads come and go. They are usually disguised as new ideas. I started back in the age of A Nation at Risk. The 1983 report that was required reading in education classes in college said we were a country in trouble because of our educational system, so something had to be done. This led to the education profiteers being able to get rich by curing educational malaise. 

Every so often there was a new “flavor of the month” that was going to save our children and make them able to compete on the world educational stage.

The first I remember at Jamaica High School was minimal expectations. Apparently, in those days we were expecting too much from our young people so we now had to convince them they could all meet basic standards. This was the age of the New York State Regents Competency Tests (RCTs) when students had to pass basic competency exams in math, reading, science, global history and American history in order to graduate, if they could not pass the tougher New York State Regents exams. As the RCT’s were implemented, a whole new industry of test review books allowed people to make money selling the new review guides.

Next up in my memory was something called “mastery learning” where the students were allowed to take the tests at the end of each unit over and over until they succeeded. There was no such thing as failure. It slowed us down but mastery was the trend at the time. At this time there was also a big push to make our lesson plans have “power aims.” I really am having a difficult time recalling what a “power aim” was but I do remember we had to have one if we wanted a good review when observed.

However, times changed. I once sat with a supervisor who told me that we had to have a focus question in our lessons instead of a power aim. When I asked the assistant principal after listening politely for about twenty minutes on why a focus question was more relevant than an aim if any of this made a difference to the kids, he quickly came back to reality and said no. He was one of the best supervisors I ever had.

The next great trend was portfolios (making a comeback today) where we kept everything the kids wrote  in huge file cabinets to show how they were growing throughout the year. What a nightmare in a school with space issues.

As we moved into the 21st Century, Michael Bloomberg was elected mayor of New York City. In 2002, Governor George Pataki and the New York State Legislature gave the mayor control of the city schools. First we had to have bulletin boards plastered with student work in a certain way, a mandated curriculum, literacy and math coaches in all schools, and only offer “mini lessons” because for most of the  class time,  students had to be broken up into small groups to talk to each other.  A CD put out by the Department of Education proclaimed,  Your students must not be sitting in rows. You must not stand at the head of the class. You must not do ‘chalk and talk’ at the blackboard. You must have a ‘workshop’ in every single reading period. Your students must be ‘active learners,’ and they must work in groups.  This was called the Workshop Model

If we did direct instruction for more than ten minutes, we could be in trouble. Never mind that it may take a much greater time than ten minutes for students to understand the Electoral College or Marbury v. Madison. The kids had to teach themselves for the bulk of the period. I was fortunate at the time that the administration at Jamaica was only partially sold on the Workshop Model.

The Workshop Model was succeeded by accountable talk. I’m sorry but I’m still not sure what this was but I was never cited for not doing it so I must have figured it out. At yet a later point during the Bloomberg administration, he gave principals near total authority over their schools. This was called “autonomy” so the Workshop Model was ditched if the principal didn’t like it. Principals could do as they like as long as the test scores and promotion numbers looked good. 

Another  trend was differentiated instruction. We had to personalize our lessons for each student. A great idea but not practical at all as the Regents exams that students had to pass to graduate were not differentiated, and it is near impossible to really “personalize” lessons when there are more than thirty high school students in a class . Strangely, no one ever mentioned reducing class size, instead of these fads, which would actually make sense.

There were some other fads that didn’t last long enough for me to process.  Whenever someone would come into Jamaica High School to peddle the latest educational cure-all, we  cynical teachers would always suspect  that someone closely connected to the DOE or State Education Department had won a generous contract, and they would try to convince us that this latest fad was the greatest educational innovation since someone figured out how to put chalk on a blackboard. It was always supposed to be the best invention, that is, until the next one came along.

The next boondoggle, the biggest of them all, was the Common Core state standards. Multi-billionaire Bill Gates was behind this one as was President Barack Obama and his Secretary of Education Arne Duncan. They created Race to the Top to make states compete for federal money. We had to use the Common Core if we wanted the federal funds. UFT President Michael Mulgrew threatened to punch anyone in the face who took away his Common Core.

Recently, I read about the shifts in instruction with Common Core in California where some students couldn’t even identify what the change was. In New York, they call the Common Core changes to teaching the instructional shifts. Just like with all of the other fads, the Board of Education, now called the Department of Education, sent someone to Jamaica High School to preach the Common Core gospel.

This very nice consultant from Australia wasn't just there to do a staff development in 2013 at Jamaica High School that was phasing out by then in part because we wouldn’t play with student numbers; she was going to come every week to show us how to shift our instruction to align to the Common Core. What a year!

In social studies we were given a task. We had to come up with a unit in American history on the United States in World War I . This was the Common Core instructions  from Engage NY: "Students build knowledge about the world (domains/content areas) through TEXT rather than the teacher or activities." TEXT is now the key to life. The three teachers who were left in the Social Studies Department at Jamaica scoured through what was left of our book room and searched the internet to find as many sources as we could on the United States' entry into World War I, which turned out to be the focus instead of the entire US experience in World War I. Previously, we were told the Workshop Model or power aims would cure cancer but now it’s TEXT.

Our Australian instructor wanted us to incorporate as much TEXT as we could and go over it in a number of ways so that we could adhere to the state standards on the "Staircase of Complexity". We had to convince students to "read the central, grade appropriate text around which instruction is centered. Teachers are patient, create more time and space and support in the curriculum for close reading." What that meant in reality was that we had to read the same piece from so many different angles until all of us were completely bored to tears.

Meanwhile, we had the United States History and Government Regents exam to worry about too, because those minimum expectations were so 20th Century. By 2013,  the educational establishment also wanted “rigor” and our students, many of whom were English Language Learners, had to pass five Regents exams (no more RCT’s) to graduate from high school. We did not have the luxury of spending a week or more reading about and analyzing the United States entry into World War I from seventeen different viewpoints and then reviewing the same texts over and over until we could get up that "Staircase of Complexity" to educational nirvana.

We abandoned the project, the staff developer eventually moved on and was replaced by a former DOE administrator who told us that teaching the students all of the topics that might come up on the Regents exam was a smart move on our part -- but there was still the Common Core to adhere to.

In the end teachers learned that we had to alter our lesson plans to make sure that we had a standard or two from the New York State Common Core Social Studies Framework on each lesson plan. If we had a standard in the lesson plan, then we were okay  for the Common Core part of the lesson if a school level or district level administrator examined our planning. When I moved on after Jamaica closed to Middle College High School, the administration talked the Common Core talk and told us most of us were teaching to the Common Core but I really couldn't tell anyone how I was adhering to the Common Core except I still had to write a Common Core standard on lesson plans that I was writing anew.

Middle College is a New York Performance Standards Consortium school so we worked with project based learning instead of worrying about students passing all the Regents exams, since the school is exempt from all of them except English. Having the freedom to explore different ways of teaching and not worrying about a state exam in some ways made me a better teacher. Lower class size at Middle College certainly helped too.

The Michael Bloomberg way of trying to quantify everything like Fredrick Winslow Taylor’s early 20th century scientific management to make teaching teacher proof, has proven to be utterly absurd. Yes, fear of closing a school could make teachers pass everyone. If the teachers resisted, Joel Klein just closed the school like he did to Jamaica, and the new teachers in the replacement schools got the message and passed virtually everyone. 

I had people from two other big high schools in Queens tell me their principals told teachers that they better pass the kids or end up like Jamaica. This is not education; it is playing with numbers, though admittedly it did raise our graduation rates. On the other hand, New York City sends so many students to college totally unprepared for the challenge so the college graduation rates are not exactly rising like the high school graduation rates.

Teaching is more an art than a science. What works for me is usually throwing out a topic and then seeing where the discussion goes. If it goes in the right direction, I ask the students to do further research in the area. It doesn't work in every class or with every student. My style will not necessarily be right for other teachers. What works for them may not be a good fit for me. There are as many different teaching styles as there are teachers and students have different learning styles. At Middle College High School and sometimes at Jamaica, we learned from other teachers as we did inter-visitation. When I look back, most of the best advice I received came from just talking to other teachers.

If the past is a guide, Common Core will run its course and be replaced by some new educational fad that some salesman will say is going to make every student ready to be Albert Einstein. Instead, it might help if the powers that be at the State Education Department and the NYC Department of Education would just listen to teachers as well as independent research and reset this whole mess.

Thursday, May 24, 2018

We won in court today to keep PS 25 open -- probably for at least another year!


See also my open letter to Chancellor Carranza in today's Washington Post Answer Sheet , urging him to revoke the decision of the previous Chancellor to close PS 25, and an article in the CSA News.  The NY Post , Politico, and Bklyner also wrote about our win in court.

Today in court, we won our temporary restraining order to keep PS 25 open! 

Judge Katherine Levine of the Kings County Supreme Court issued a decision from the bench that unless she has an epiphany in the next two weeks, the school will remain open next year and she will decide the complex legal merits of the case more carefully over the next few months.

She seemed impressed with our research showing how all the other 33 schools DOE offered these students to apply to 1- all had far lower positive impact ratings 2- many of them were miles away, 19 of the schools in Staten Island alone 3- 25 were overcrowded, and 4- none had class sizes as small as PS 25.  And the DOE has not offered to provide busing for the students.

In short, she was impressed that in most every other proposal to close schools, the DOE had promised higher performing schools that students could apply to, but they didn’t in this case, because according to DOE's own estimation, there are only three other public elementary schools as good as PS 25 in the entire city and they are full.  

In fact, the City itself admitted in their response papers to the lawsuit that according to the school performance dashboard, PS 25 is the "second best public elementary school in Brooklyn and the fourth best in the City, and that PS 25 outperforms charter school other than Success Academy Bronx 2 in its positive impact on student achievement and attendance."

The Judge was also interested in the zoning issue, and that the CEC hadn’t voted to approve the closing of a zoned school.  The City argued instead that they hadn't changed any zoning lines, but that they had just eliminated the zoned school, which is absurd.  As the  PS 25 plaintiffs' memo of law points out, argued by Laura Barbieri, the pro bono attorney from Advocates for Justice who argued the case:

“Entirely eliminating a zoned school and without replacing it with another zoned school, leaving the families in this neighborhood without any zoned school that their children have the right to attend, as occurred in this instance, is the most radical change in zoning lines that can be conceived.”

The Judge was concerned that there was little case law on this subject, but Laura explained the precedent of the Grinage case, in which in 2009, the NYCLU sued the DOE to block the proposal to close three zoned schools without a vote of the CECs.  Chancellor Klein, not a risk averse attorney himself, promptly withdrew these proposals just two weeks after the lawsuit was filed.  Yet incredibly, today in court, the City's attorney claimed that nine years later, Grinage was "still pending."

The Judge asked if the CEC hadn’t voted to approve this, what public input was there?  The DOE explained there were public meetings, etc. where parents expressed their concerns.  The Judge said but you don’t have to listen them, right? Is that the DOE’s  position?  

Finally, she asked the attorneys as regards the temporary restraining order: what’s the balance of harm?  What the worst that happens if I leave the TRO in place?  The PS 25 students have the benefit of an excellent school for another year?  

The City attorney tried to argue this would hold up assignments for all other 3000 kids at closing schools, but as the Judge responded, that was a "ridiculous" argument.  All those transfers and assignments can go through, this will only affect the students at PS 25. (Actually there aren’t 3000 kids in closing schools –  instead there are about 2000 kids in all and 661 in elementary schools, but none of them will be affected but the students at PS 25, whose parents want them to stay).


We were all whooping it up inside the courtroom when the Judge issued her decision from the bench, including PTA Vice President Crystal Williams, one of the plaintiffs.  Afterward, we all hugged and expressed huge relief. Above is a photo after the  hearings of PS 25 parents, supporters and our attorney Laura Barbieri, in front of the Kings County court house.  I just heard from Darcy Griffin, the PTA president, that the parents at PS 25 were all thrilled when they picked up their kids and heard the news.

Let's hope that the Chancellor withdraws the proposal to close this terrific school, as I urged him to do in today's Washington Post; which not only would serve the case of justice, preserve this excellent school, save the parents, teachers, and students at PS 25 much anxiety, and city taxpayer money.


Chancellor Carranza:  On Tuesday in hearings before the New York City Council, you spoke eloquently about how the city should be celebrating our successful public schools, rather than allowing others to denigrate them. In particular, you noted that you had seen some great teaching in Bed-Stuy schools. If you are serious about this, you should rescind the decision to close this school and instead celebrate its accomplishments.] 

The negative impact on PS 25 families would be severe if this closure is allowed to go forward, especially for the large number of homeless students, because the school is a sanctuary of stability in their lives. As Mark Cannizaro, the president of the CSA, the New York City principals’ union, has said, “the students, families and educators of PS 25 deserve better.”  Instead of closing this exceptional school, we urge you to honor PS 25’s achievements, emulate and expand it — and enable more NYC schools and students to have the same chance to succeed.


Congrats to the parents, students and teachers at this amazing school, to Laura Barbieri, our wonderful pro bono attorney, and my research assistant, Sebastian Spitz, who did much of the data and factual analysis for the case. Here are some of the legal briefs filed in the case, opposing the PS 25 closure:  
Memorandum of Law in Support of Preliminary Injunction to Stop the Closure of PS 25 
The memo of law explains the legal basis for why the DOE must keep PS 25 Eubie Blake open until the court is able to make a final decision on the legal merits, including the irreparable harm to its students if the school closes this year and they have to transfer to lesser schools.

Parents' Legal Petition Against the Closure of PS 25 This verified petition explains the background of the case, including PS 25's high quality, and the legal argument for why the DOE does not have the right to close the school.

Affidavit of Leonie Haimson, Class Size Matters My affidavit explaining the research showing the importance of class size, and how PS 25's small class sizes are a critical reason for the school's success.

Appendix to Leonie Haimson's Affidavit: Summary of Class Size Reduction Research on the proven benefits, in the short term and long term, of small class sizes, especially disadvantaged children who make up the overwhelming majority of PS 25 student population.

Affidavit of Crystal Williams  Crystal Williams, parent of two students at PS 25 and the Vice President of the PS PTA, explains how PS 25 has helped her children and why she and other parents oppose its closure.

Order to Show Cause and Request for Temporary Restraining Order to Stop the Closure of PS 25 This document requests that the court prevent the DOE from taking any further steps to close PS 25 until the court decides on its legality. 



Here are the response documents filed by the City:



Verified Answer of DOE in PS 25 Case  The DOE explains why they want to close PS 25 – though they admit on p. 3 that according to their school performance dashboard,  it is the 2nd best public elementary school in Brooklyn and the fourth best n the city and outperforms all other charter schools than Success Academy Bronx 2 in its positive impact on student achievement and attendance.

Analysis of Public Comments on the Closure of PS 25 This document summarizes the various public hearings, etc. held about the school's proposed closure, revealing widespread public opposition to the plan. 


DOE's Memorandum of Law in Opposition to Temporary Injunction and Show Cause
The Department of Education's argument explaining why they should have the right to close PS 25 before the court makes a final decision on the merits of the case.