For
immediate release: Thursday, July 9,
2015
Contact: Leonie
Haimson, leoniehaimson@gmail.com;
917-435-9329
NYC Public Advocate and Class Size
Matters Defend the Public’s Right to Know and File Papers in Court to keep
School Leadership Team Meetings Open
Today, Public Advocate Letitia James and Class Size Matters asked
the New York Appellate Division to reject the attempt by the NYC Department of
Education to close School Leadership Team meetings to the public despite a
recent court order, in papers filed by attorneys from NY Lawyers for the Public
Interest and Advocates for Justice. School Leadership Teams are bodies composed of
half parents and half school staff, mandated by state law to develop Comprehensive
Education Plans in each school which is then supposed to guide the school-based
budget.
On April 16, 2015, Justice Peter H. Moulton of the State
Supreme Court concluded in the case of Michael
Thomas v. NYC Department of Education
that the DOE’s decision to close these meetings to the public was “arbitrary
and capricious and contrary to law.”
Thomas, a retired teacher, had been prevented from attending an SLT
meeting on Staten Island, and had sued the DOE.
The Public Advocate and Class Size Matters subsequently intervened in
the case as petitioners on the side of Mr. Thomas.
Justice Moulton’s decision for the petitioners and against
the DOE was emphatic, based upon state law and Commissioner’s decisions that
clearly demonstrate that SLTs are public bodies, have an important role to play
in school governance, and thus are subject to open meetings law. State law and Chancellors regulations even require
that the notice of all SLT meetings shall be made in a manner “consistent with
the open meetings law.” As Justice Moulton
concluded, “The proper functioning of public schools is a public concern, not a
private concern limited to the families who attend a given public school.”
Yet following this decision, the DOE sent a message to
principals on June 9, 2015, ordering them to close these meetings to the press
and general public while their appeal of this decision could be heard.
Leonie Haimson, Executive Director of Class Size Matters
said, “Our case is based upon the fact that School Leadership Teams are charged
with making important decisions and thus their deliberations should not be kept
hidden from view. The DOE’s decision to
close these meetings contradicts the formal guidance of the previous
Chancellor, Dennis Walcott, as well as the ostensible claim by Chancellor
Farina that she would like schools to collaborate more closely with parents and
members of the community. The DOE’s
rationale that SLTs are not public bodies because they have only advisory powers
is particularly misguided, given that the authority of these teams is clearly
laid out in state law. We would like to
thank the attorneys from NY Lawyers for Public Interest and Advocates for
Justice, for standing up for transparency and the public’s right to know.”
Attorney Mark Ladov of NY Lawyers for the Public Interest
explained, “Transparency and public participation are critical to improving the
education of NYC’s children. School
Leadership Teams play an important role in public school governance, and their
meetings must be open to the public and the press. The DOE’s decision to ignore
New York’s open government laws, and the recent Court order, while this appeal
is pending violates state law, and will cause irreparable harm to the public’s
right to know if not remedied by the appellate court.”
"Every New Yorker has the right to know how our public
schools work,” said Laura Barbieri, attorney at Advocates for Justice. “Current
DOE policy violates that right by keeping the press and community locked out of
School Leadership Meetings. How do the Chancellor and Mayor justify this
policy? What information is being hidden from the public? The Court ordered
these meetings to be open. The DOE refuses to comply. It is a shame they cannot
see that secrecy breeds contempt. The public deserves better, better leadership
and better accountability."
The original plaintiff in the
lawsuit, retired teacher Michael Thomas pointed out, “Without transparency, a
promise of accountability is a promise made with crossed fingers.”
Lisa Donlan, former President of Community Education Council
1, concluded: “For the DOE to require in its
own regulations that SLTs provide public notice of the meetings but then not to
allow the public to attend defies common sense. Rather than waste taxpayer
dollars appealing this decision, I wish this administration would focus on
improving schools with all the support they need from the whole community. We
want our communities invested in our local schools. Barring members of the public from these
decision-making meetings sends the wrong message. By closing these meetings, the DOE is eroding
the circle of trust that this administration's framework is based upon. ”
The motion to vacate stay with exhibits
filed today is posted here: http://wp.me/a1uzCk-1mi
The
memo of law http://wp.me/a1uzCk-1mk Notice
of motion http://wp.me/a1uzCk-1mj
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Great job Leonie. What about UFT support?
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