The city's attempt to bury the news of its rejection of the Blue Book Working Group's recommendations on class size

Yesterday, in the middle of summer, the DOE finally released the recommendations of its own Blue Book working group, recommendations which had been finalized last December, according to several reliable sources.  (Chalkbeat wrongly reports the date as March.)  See also Schoolbook, WNYC radio and DNAinfo, for more information on the recommendations -- and what the city refused to accept.


The DOE not only delayed the release of these recommendations for over six months; they refrained from putting out a press release or posting them anywhere on their website, presumably because officials wanted to tamp down as much as possible on the news that the city had rejected the most critical proposal: that the space utilization formula should be aligned with smaller classes.

More specifically, the city signaled that it would not align the class sizes in the Blue Book with the goals in the DOE's original, state-mandated Contract for Excellence plan -- of 23 students per class in grades 4-8 and 25 in high school.  As Lisa Donlan was quoted in Schoolbook,

Certainly for me and for many of us, the class size issue was the biggest issue that we felt would have the greatest impact on bringing us to painting an accurate picture of reality and making sure that all kids got access to an adequate education — hands down," said Lisa Donlan, president of the Community Education Council for District 1 and a member of the working group.

Because the class size standards in the Blue Book (currently 28 students in grades 4-8 and 30 in high school) are larger than current averages, the failure to align the formula with smaller classes will likely stand in the way of efforts to reduce class size, and  contribute to even more overcrowding in the years ahead.

One of the members of the Working Group, Isaac Carmignani, explained the six month delay to  Chalkbeat this way: that the city didn't want the Group's recommendations or (presumably) their rejection to complicate their negotiations over the budget or mayoral control.

If so, this is yet more evidence that they are aware of the political volatility of this issue -- the number one priority of parents according to their own surveys --as well as their unaccountable refusal to take any real action to reduce class size, or even make an honest attempt to calculate which schools could and could not accommodate smaller classes.

While several news accounts correctly reported that this refusal appears to violate numerous promises made by Bill de Blasio during his campaign to reduce class size, and adhere to the original C4E plan approved by the state in 2007, they omitted the fact that he made even more specific pledges to align the Blue Book formula to smaller classes, according to his response to a KidsPAC survey, filled out by his campaign manager, Emma Wolfe, in July 2013:

Also glossed over in some of the news stories is how the city is shirking its constitutional and legal obligations to reduce class size.  In the CFE decision, as pointed out in our press release by Wendy Lecker, an attorney at the Education Law Center, the state's highest court said that NYC public school students were denied their constitutional right to an adequate education, in large part because of their excessive class sizes -- a denial in which this administration is now actively complicit.

The Working Group's letter, co-signed by Lorraine Grillo, President of the School Construction Authority and Shino Tanikawa, the President of CEC D2,  complete with its the recommendation on class size is posted on Chalkbeat.  Yet nowhere can I find online the email sent to reporters, containing the list of the specific proposals the DOE is going to accept, and those they are still considering. Few of those they are planning to adopt relate to actual changes to the Blue Book utilization formula.   So, for the record,  here they are: 

The DOE plans to adopt the following recommended changes to the Blue Book:

·         Publish capacity information for Public Assembly spaces (gymnasiums, cafeteria, etc.) in the PASS [the Principal's Annual Space Survey]

·         Include the total enrollment population of English Language Learners (ELL) in PASS

·         Include the total enrollment population of students with an Individualized Education Program (IEP) in PASS

·         Designate private counseling space for elementary and middle schools that currently do not account for private counseling space

·         Establish teacher workrooms at the middle school level to ensure teachers have an appropriate place for a prep period and encourage principals to allow available space to be used as teacher workrooms, subject to repurposing at the principal’s discretion

·         Include information on total enrollment, utilization, and capacity of school buildings within a particular grade level in a geographic district

·         Increase the minimum number of cluster rooms to two for elementary level schools with an enrollment at or below 250 students and conduct further analysis to determine a minimum for schools larger than 250 students

The DOE further agrees that the BBWG should continue to meet in order to monitor progress and make further recommendations as needed. The next Blue Book will be published later this summer or early fall.

The following recommendations require further study and analysis, which the DOE commits to undertake over the next year:

·         Change the formula for Special Education and English Language Learner space allocation based on the population of the targeted students

·         Require a minimum and maximum number of administrative spaces within a school.

·         Change the formula for specialty room allocations for grades 6-12 so there is a minimum of three for all schools

·         Transitioning the specialty room allocations for secondary level schools, grades 6-12 and 9-12, to a formula based model with minimum and maximum spaces allowed.

NYC Kids PAC endorsements

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For immediate release

Sept. 4, 2014

For more information contact: Shino Tanikawa, info@nyckidspac.org , 917-770-8438

NYC KidsPAC endorses Teachout for Governor, Jackson, Liu, Koppell for State Senate;

Fedkowskyj and Simon for Assembly

Today, NYC KidsPAC, a political action committee composed of parent leaders devoted to strengthening our public schools, announced its endorsements in the Democratic primary due to take place next Tuesday, Sept. 9.  KidsPAC endorsed Zephyr Teachout and Tim Wu for Governor and Lieutenant Governor, over the incumbent Andrew Cuomo and his running mate, Kathy Hochul.

KidsPAC’s other endorsements in contested races include: Robert Jackson for State Senate District 31 in Manhattan, John Liu for the 11^th Senate District seat in Queens, Dmytro Fedkowskyj for Assembly Seat District 30 in Queens, Oliver Koppell for Senate District 34 Seat in the Bronx, and Jo Anne Simon, campaigning to replace retiring Joan Millman in the 52nd Assembly District in Brooklyn.

Said Shino Tanikawa, parent leader and President of KidsPAC, “NYC KidsPAC wholeheartedly endorses Zephyr Teachout for Governor for her commitment to fight against privatization of our public education.  We need a governor who believes in small class sizes, provides adequate resources for our most vulnerable students, respects the profession of teaching, opposes education driven by standardized tests and will fight for a high quality schools for all students throughout the State.  We believe Zephyr is the right candidate who will move us in the right direction.”  

Shino added: “Governor Cuomo, on the other hand, has massively cut education aid to our schools, opposes fully funding CFE – despite a court order – and owes NYC more than $2000 per student.  He also supports raising the cap on charters, and has pushed through preferential access for charters to expand in space paid for by the city, while hundreds of thousands of our public school students sit in overcrowded schools, in trailers or on waiting lists for their zoned neighborhood school.”

“Though Robert Jackson and the incumbent Adriano Espaillat both completed surveys emphasizing their support for public schools, Jackson has a long history of leadership on education issues.  He was the original plaintiff in the CFE case, walked to Albany for the final deliberations in court, and was a terrific advocate as Chair of the Education Committee on the NYC Council.  Wherever and whenever we have needed him, Robert Jackson has stood for us and with us, fighting for the rights of our kids.  Now parents must be there for him,” said Karen Sprowal, a board member of NYC KidsPAC and a long time Harlem resident.

 “John Liu and Tony Avella have strong education records, but Liu was an exemplary City Councilmember and Comptroller – always pushing to keep the Department of Education honest in its reporting.  Moreover, we cannot forget how Avella deserted the Democratic Party to join forces with the GOP, which has consistently opposed full funding for NYC schools and supports privatization, vouchers and charter expansion,” said Isaac Carmignani, long-time parent leader in Queens.

“KidsPAC is endorsing Oliver Koppell for State Senate against Jeff Klein, as Klein led the defection from the Democratic majority to prop up the GOP, which has hurt our schools badly.  Klein also supported the egregious provisions in this year’s budget, providing preferential treatment and public space at city expense for charter schools – despite the fact that the public schools in his district are hugely overcrowded and badly need expansion,” said Gloria Corsino, a Bronx parent leader.

Isaac Carmignani explained, “We enthusiastically support Dmytro Fedkowskyj, running against the incumbent Margaret Markey in Queens.  Dmytro was a strong advocate for NYC parents and kids when he was the Queens member on the Panel for Educational Policy.  As his candidate survey shows, he will continue to be a strong advocate as Assemblymember.  He opposes test-driven education, is strongly against raising the cap on charters and supports full funding for our public schools.”

Finally, NYC KidsPAC is endorsing Jo Anne Simon vs.  Pete Sikora in the Assembly.  Tesa Wilson, a Brooklyn parent and KidsPAC board member said, “Though both Simon and Sikora responded with positive answers to our candidate survey, Simon has been a long-time advocate for the rights of special needs students, and for full funding and smaller classes in our public schools.  In our survey, she came out strongly against raising the cap on charters.  While Sikora said he was supportive of keeping the cap this year, he was in favor of re-evaluating the cap in future years.”

The links to our endorsements, completed candidate surveys and the NYSAPE Governor’s scorecard can be found on our website at www.nyckidspac.org .

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The city's latest -- and outrageous -- attempt to avoid public scrutiny and parent input on class size

In June, in response to a lawsuit, New York State Supreme Court Justice Peter Moulton ruled that the NYC Department of Education is obligated to hold annual borough hearings on its Contract for Excellence (C4E) plan and include the transcript of these hearings when it submits its plan to the state – both of which the city has failed to do since 2008.  The law is clear that both borough hearings and presentations at Community Education Council meetings are required by the C4E statute passed by the NY State in 2007.  

On Friday, the city announced it will appeal the judge’s decision and deny parents the right to provide substantive input on its C4E plan, a plan that determines how more than $500 million per year is spent; and how much is allocated towards reducing class size.

Over the last decade, the Bloomberg administration has shown a profound disrespect for parent input and disinterest in following the letter of the law.  One of the most egregious examples of this is its refusal to adhere to a robust public process in regards its plan to reduce class, required in the Contracts for Excellence law.  Instead class sizes have increased every year of the past five, are now the largest in the early grades in 14 years.  Even higher class sizes are expected this fall.

Wendy Lecker, senior lawyer for the Campaign for Fiscal Equity project at the Education Law Center, explained:   “In June, a court ruled the state Contract for Excellence law mandates timely public hearings in all five New York boroughs so parents can react to City’s school spending plan for 2013-14.  These hearings give parents the opportunity to provide input on how vital education dollars are spent in their schools.  Chancellor Walcott has decided to appeal which automatically puts the court order on hold.  It's deeply disappointing that the Chancellor is wasting time and taxpayer money fighting parents in court rather than holding public hearings so the City's parents can be full partners in their children’s education.”

Shino Tanikawa, a plaintiff in the lawsuit and the president of District 2’s Community Education Council in Manhattan, said: "The 15 minutes or so we can devote to this at a CEC meeting is inadequate both in terms of the depth of discussion and the amount of public input parents are able to provide given this important issue – which makes borough hearings essential.  The court agreed with us that the DOE did not follow the law, yet rather than do what is right, the DOE continues to find ways to minimize the voice of parents.  When will parents be treated as meaningful partners in educating our children?"

Isaac Carmignani, co-president of the CEC 30 in Queens and another plaintiff, agreed: “We sincerely hope that the Department of Education looks to uphold the law rather than try to circumvent it.  The presentations CECs receive are sketchy as best; well-publicized borough hearings are required by law and DOE should hold them, to allow for full public scrutiny and input on the need to reduce class size and the DOE’s failure to do so.  Class size reduction is one of the top priorities of parents both in my district and citywide.”

According to Leonie Haimson, Executive Director of Class Size Matters, “It is outrageous that the city is determined to waste thousands of dollars just to try to delay the attention to their failure to reduce class size until Bloomberg is safely out of office; and to block parent input in this way.  Instead of achieving more accountability with the nearly $600 million NYC receives annually as a result of the Campaign for Fiscal Equity lawsuit,  we have less, as the administrators at Tweed have used this program as a slush fund and principals have used it to fill in the gaps resulting from the DOE’s egregious budget cuts to our schools.” 

This is just one of the many failures of DOE to be accountable for the spending of these critical funds.   There has been no public disclosure of NYC’s C4E plan -- either by the state or city -- since 2009. There has been no listing of the city’s approved class size reduction plan since 2009 as well.

The lack of accountability and transparency with hundreds of millions of dollars of state funds, meant to provide NYC children with their constitutional right to a sound basic education, is nothing short of appalling.

More about the lawsuit is here: NYS Supreme Court rules against NYC DOE and for parents.

Here is an excerpt from the state law:

 4.  a.  A district's contract for excellence for the academic year two thousand eight--two thousand nine and  thereafter,  shall  be  developed through a  public  process,  in consultation with parents or persons in parental relation,  teachers,  administrators,  and  any  distinguished educator appointed  pursuant  to  section  two hundred eleven-c of this chapter.

    b. Such process shall include at least one public hearing. In a city   school  district  in a city of one million or more inhabitants, a public   hearing shall be held within each county of such city. 

A transcript of the testimony  presented at such public hearings shall be included when the contract for excellence is submitted to the commissioner, for review when making  a  determination  pursuant  to  subdivision  five  of  this section.

    c.  In  a  city  school  district  in  a  city  of one million or more  inhabitants, each community district contract for  excellence  shall  be  consistent with  the  citywide  contract  for  excellence  and shall be  submitted by the community  superintendent  to  the  community  district education council for review and comment at a public meeting.

 Here is the judge’s decision.

 

Commissioner King sued in state court for ignoring public participation requirements in C4E law

As we have made clear in our presentations to Community Education Councils  and other parent and community groups, the State Education Department and the NYC Department of Education are equally guilty in ignoring the Contracts for Excellence (C4E) law passed in 2007, which requires public participation and accountability in the development of the city's C4E and class size reduction plans. 

In recent years, DOE has presented their C4E "plan" at CEC meetings held in the fall and the winter, long after these funds have been already been allocated and spent; and the city has refused to hold borough hearings for many years, as is explicitly required in the law.   The result has been dismal -- instead of reducing class size, as the law demands, class sizes have increased for the last five years and are now the largest in 14 years in the early grades.

As far as we know, the city's class size reduction/ C4E plan from LAST year (2011-2012) hasn't yet been approved by the state, nearly two years after the money has been spent.  In the law, not only was there supposed to be a robust feedback process from parents and community members before the city's plan was submitted and approved by the state, but then an audit was supposed to be done to see if the city actually spent the money according to its approved plan.   It is  impossible to audit the city's use of the C4E funds -- which amount to more than $500 million per year -- if the money is spent  long before the plan is approved.

The folks at the Education Law Center have now filed a lawsuit in state court, on behalf of parents Lisa Shaw, Karen Sprowal, Shino Tanikawa, and Isaac Carmignani, against Commissioner King, pointing out how his overdue scheduling and lax oversight  itself constitutes a violation of the C4E law, and asking that borough hearings be held in NYC in May and June, and the city's plan for these funds -- more than $500 million per year -- be submitted and approved before the fall, when these funds are spent. Below is the ELC press release, the lawsuit is posted here. 

NY STATE EDUCATION DEPARTMENT COMPLICIT IN CITY'S VIOLATION OF PARENT INPUT LAW

New York City public school parents have turned the spotlight on State Education Commissioner John B. King and the New York State Education Department, charging that the state, like the city, has violated the Contract for Excellence (C4E) law.

On May 10, a second lawsuit was filed regarding implementation of the C4E law, this time against Commissioner King and the State Education Department.

In March, parents charged New York City Chancellor of Education Dennis M. Walcott and the NYC Department of Education (DOE) with ignoring the law, which mandates public involvement in development of the C4E spending plan for each school year. The parents in both lawsuits are represented by the Campaign for Fiscal Equity (CFE), a project of Education Law Center.

"For several years now, the accountability provisions inherent in the state's Contract for Excellence law have been ignored by both the State and City Education Departments," said Leonie Haimson, Executive Director of Class Size Matters. "The state has failed to require that the city hold borough hearings about the spending of C4E funds."

"It is no wonder, then, that no one really knows what the city has done with more than $500 million in annual C4E funds, and that class sizes have ballooned, despite the C4E mandate that they be reduced," Haimson added.

In fact, over the past two years, the DOE has failed to hold any borough-wide hearings on New York City's C4E plan, said Wendy Lecker, CFE Senior Attorney. The recently filed petition charges that New York State's Education Commissioner abets the DOE's bad behavior.

Despite the legal mandate, Commissioner King has consistently permitted districts to delay public hearings until after the school year has already begun, preventing the public from providing timely input on the spending plans and undermining the goal of the law.

"Having meaningful input into how the C4E dollars are spent is one of the most empowering and important things that we can do as parents and advocates for the children of New York City," said Isaac Carmignani, co-president of the Community Education Council for District 30 and a parent petitioner in this case. "It is imperative that our children get what they are owed. Coming from the sixth most overcrowded city community school district out of 33, this has special meaning for me. I look forward to being able to provide meaningful input at timely hearings in the future."

Education Law Center Press Contact:

Sharon Krengel

Policy and Outreach Director

skrengel@edlawcenter.org

973-624-1815, x 24