Victory at last! NY Appellate Court Affirms School Leadership Team Meetings are Open to the Public

Another big win for parents and the public interest!  After a long wait, the NY Appellate Court ruled that School Leadership Team meetings must be open to the public, and decisively countered the DOE claim that SLT's are only "advisory" bodies.  Check out our press release below and the Court's unanimous decision here.

For Immediate Release

Date: October 25, 2016
Contact: Leonie Haimson, 917-435-9329; leoniehaimson@gmail.com

In a rebuke to the NYC Department of Education, which began closing School Leadership Team (SLT) meetings to the public in 2013, a New York appellate court has found that closing the meetings violates the state’s Open Meetings Law.  In a decision released today, the New York Appellate Division, First Department found for the petitioner, Michael P. Thomas, and the intervenors, Public Advocate Letitia James and Class Size Matters, that SLT meetings must be open to the public. 

Contrary to the DOE’s claims, the Court held that SLTs are governmental bodies that have decision-making authority under state law.  The SLT helps formulate "school-based educational policies" and ensure that "resources are aligned to implement those policies,” wrote the Court.  Thus, SLT meetings must be subject to the Open Meetings Law.  The Court rejected DOE’s contention that SLTs, composed half of school staff and half parents, have only advisory powers and thus their meetings could be closed.

On March 17, 2014, retired teacher Michael P. Thomas asked the Chair of the SLT and the Principal Linda Hill of IS 49 on Staten Island to attend their meeting.   The Chair invited him but later rescinded her invitation, and barred him from entering the meeting when he arrived at the school on April 1, 2014.  On May 17, 2014, Mr. Thomas commenced an article 78 proceeding, and the Public Advocate and Class Size Matters subsequently intervened on behalf of parents and the public at large, represented pro bono by Advocates for Justice and New York Lawyers for Public Interest.

On April 21, 2015,  Supreme Court Judge Peter Moulton ruled that "SLT meetings entail a public body performing governmental functions," and thus are "subject to the Open Meetings Law."  He concluded that “the proper functioning of public schools is a public concern, not a private concern limited to the families who attend a given public school."  Chancellor Carmen Farina instructed principals to ignore this decision, and filed a Notice of Appeal on May 22, 2015.  The Appellate Court heard arguments from both sides on January 21, 2016.

Upon learning today that he had won the case, Michael P. Thomas said, "It was a long wait, but well worthwhile to read the court’s decision. Opening SLT meetings will allow the public to observe first-hand the effects of problems plaguing our schools, including underfunding, overcrowding, and poor budgetary priorities.  The Court's affirming that SLTs are more than advisory in nature demonstrates that these bodies have real decision-making power. Unfortunately, in too many cases, principals have improperly usurped the power given to SLTs in state law. Hopefully, the Court's decision will be the first step in helping to resolve the many problems in our public schools."

“Today’s ruling is a victory for parents, students, educators and all of us who believe in transparency and accountability at the Department of Education,” said Public Advocate Letitia James. “After years of having their voices drowned out in the school system, parents are being heard again. Important decisions about our schools must be made in sunlight with input from parents and teachers.”

 “We are delighted that the First Department confirmed in a unanimous opinion the public’s right to attend these very important School Leadership Team meetings,” said Laura D. Barbieri, of counsel to Advocates for Justice Legal Foundation, representing the Public Advocate Letitia James, and Class Size Matters. “The Department of Education must comply with the Open Meetings Law and can no longer exclude the media or concerned citizens who have a right to know what is going on in their neighborhood public schools.”

Said Rachel Spector, Director of the Environmental Justice Program at New York Lawyers for the Public Interest, which represented Class Size Matters: “The court’s decision affirms that when public schools make decisions, they must be transparent: public schools cannot act in secret. We are pleased that members of the public can now attend School Leadership Team meetings without fear of being turned away at the door. This is an important step forward and serves as a reminder to the Department of Education that community participation is crucial to the success of New York City public schools."

 “The law is crystal clear that School Leadership Teams are public bodies, with an important governmental role to play.  Parents and the public have a crucial stake in SLT decisions, when it comes to class size, the use of technology, or any other school-based policies.  Both the Supreme Court and now the Appellate Court have ruled that these meetings must be open to the community at large.  Any attempt by the DOE or principals to ignore this decision, subvert it or appeal to a higher court would be unwise, would further delay the public interest and would waste precious taxpayer funds that are far better used in improving our schools,” concluded Leonie Haimson, Executive Director of Class Size Matters.

The Appellate Court’s decision is posted here: http://www.nycourts.gov/reporter/3dseries/2016/2016_06989.htm

Additional background on School Leadership Teams, along with a timeline and links to legal briefs and news articles, is posted here: http://www.classsizematters.org/parent-empowerment/

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Terrific Court Decision on School Leadership Teams and the Open Meetings Law

5/22/15 Update: We just found out the DOE is appealing this decision, showing their disrespect for parents and the public's right to know. Sadly, the CSA, the NYC principals union, expressed their  support for the DOE decision to appeal, despite this slam dunk decision that SLT meetings MUST be open to the public.

Newsclips on the court decision  include AP, NY Times, Chalkbeat , City and State, and National School Board Association Legal Clips.  

Today we found out that we had won our lawsuit vs. the DOE on the issue of whether School Leadership Team meetings must be open to the public. Class Size Matters and Public Advocate Tish James had intervened in this case back in January, which was originally brought by a retired teacher named Michael Thomas when he was denied access to a School Leadership Team meeting on Staten Island.

Judge Moulton of the NY Supreme Court wrote a great decision which is a slam dunk for our side. Thanks to Michael Thomas, Tish James, and our pro bono attorneys from Advocates for Justice and NY Lawyers for Public Interest.  Thanks also to Lisa Donlan, President of CEC 1, who provided a critical affidavit in the case and provided much of the legal research on Open Meetings Law. Here is today's press release from Public Advocate Tish James.

This is a big win for parents and transparency. The Judge's decision also emphasizes the important role that School Leadership Teams have in the overall governance system, which the DOE tried to deny -- claiming falsely that they have only "advisory powers." See the decision below.   

I hope the Chancellor sends out an immediate message to principals, teachers and parents, informing them of the court decision, acknowledging that SLT's have real authority when it comes to devising a comprehensive education plan for every school, and clearly stating that their meetings are open to the public.

The fact that the DOE argued otherwise in court-- that SLT's only have advisory powers --is not only contrary to law, but also flies in the face of their claim that they respect parent input. More about the background of this case and its importance on our blog, City and State and Chalkbeat.

Thomas v DOE - Decision and Judgment

Public Advocate and Class Size Matters legally challenge DOE on authority and transparency of School Leadership Teams

 UPDATE: Court hearing just scheduled for Wed. January 14 at 2:30. Justice Peter Moulton’s courtroom is located at 111 Centre Street, Room 623 (Part 57 on the 6^th floor of the building).

More on this here, including a link to our legal papers:

Yesterday, Public Advocate Letitia James and Class Size Matters filed papers in court, requesting to intervene in a lawsuit in which the Department of Education is arguing that School Leadership Teams are not subject to Open Meetings Law because they have only advisory powers. 

In April of 2014, Michael P. Thomas, a retired teacher,  tried to attend a School Leadership Team at a middle school on Staten Island,  and was prevented from doing so.  In an earlier case, teacher Francesco Portelos, was also prevented from attending his school’s SLT meeting.  In that case, a Judge wrongly found on the side of the DOE that SLTs are not public bodies because they are only advisory.  

Yet the DOE's position is wrong for at least three reasons.  First of all, School Leadership Teams, made up of half parents and half school staff,  have more than advisory powers, and they make critical decisions for each school, as clearly delineated in Chancellor’s regulations and in New York State law. In 2008, when then-Chancellor Klein rewrote the regulation on SLTs and tried to strip them of their powers, Class Size Matters helped Marie Pollicino, then a member of the Community Education Council in District 26, file a complaint with the State Education Commissioner. (Here's a Daily News article and our blog about this complaint.) Marie's complaint was later joined by Mel Meer, an active Queens parent and Community Board member, and the UFT.

In his decision, Education Commissioner Mills ordered the Chancellor to rewrite the regulation, because it “strips the SLT of this basic, statutorily mandated authority” to develop the school’s Comprehensive Education Plan, which contains the fundamental goals of each school and the roadmap for achieving them.  Principals must align the school-based budget with the CEP, and if they do not, SLT members have the right to issue a formal complaint.  (Here's an article about this decision from our blog, and Chalkbeat, then called GothamSchools.) The SLT’s ultimate authority over the CEP was subsequently reinserted not only in Chancellor’s regulations but also in the 2010 state law pertaining to New York City school governance.

Secondly, the DOE errs in its definition of a “public body.” There are many public bodies that are subject to Open Meetings law, such as Community Boards, Commissions and other official bodies that may have only advisory powers but have a mandated role in governance.  Public bodies perform a governmental function for the state, an agency or department, must follow certain set procedures and require a quorum to operate.  This is also the case with SLTs, which according to state law, must meet monthly, have a quorum to make decisions, and  must “provide notice of monthly meetings that is consistent with the open meetings law.”   Even a DOE powerpoint during Walcott's chancellorship about the roles and responsibilities of SLTs clearly states that "SLT meetings are open to the public.  Teams may find that observers from within the school community or beyond wish to attend SLT meetings."  (This powerpoint is still online at the DOE website here and the slide is posted above.)

Finally, because SLT meetings are held in school buildings, they must be open to the general public under a different state law. Recently, the Mayor was found to have violated this law by the Special Commissioner of Investigation, when he held a closed meeting with union groups at a Brooklyn public school.

On December 16, Public Advocate James, joined by Class Size Matters, several public interest attorneys and  Community Education Council Presidents, strongly urged Chancellor Farina to reverse the DOE’s legal position in a letter posted here.  On December 19, Courtenaye Jackson-Chase, General Counsel of the DOE, refused to do so; her letter is here.  This led to the decision of the Public Advocate and Class Size Matters to request to intervene in this case. 

It is particularly distressing to have to re-fight old battles to ensure DOE recognizes parent input into school-level decision-making.  Somehow it feels like Groundhog Day, with the DOE showing blatant disrespect for parents, over and over again. One might have expected this under Joel Klein, who didn't pretend to have any regard for parent views, and little for the law. But for an administration that claims to want to collaborate with parents it is disgraceful.   

Thanks to PA James, for standing up for full transparency and the rights of parents and community members once again. The case is due to be heard next Wed. January 14, by Judge Peter Moulton of the NY Supreme Court.  The full press release is below. 

Letitia James

For Immediate Release: January 8, 2015           Press Release

Contact: Aja Worthy-Davis, (212) 669-4813, adavis@pubadvocate.nyc.gov

Leonie Haimson, (917) 435-9329, leonie@classsizematters.org

Public Advocate Letitia James and Class Size Matters Seek Transparency Regarding School Leadership Team Meetings

James: SLTs Critical To School Governance

(New York, NY)— On Wednesday, January 7, 2015, New York City Public Advocate Letitia James and Class Size Matters filed papers in New York County Supreme Court, requesting to intervene in a lawsuit to challenge the Department of Education’s (DOE) position that School Leadership Teams (SLTs) are not subject to Open Meetings Law because they have only advisory powers. The petition argues that SLT meetings should be subject to the Open Meetings Law (N.Y. Pub. Off. Law § 100).

Although the DOE regulations acknowledge that SLTs— comprised of parents and school staff, and including the PTA President, the UFT Chapter Leader, and the Principal— must abide by most of the provisions of the Open Meetings Law (including providing adequate public notice before any SLT meeting is held), the DOE currently does not require these meetings to be open.

SLTs are the primary vehicle for shared decision-making for each school; they have sole authority for establishing a school’s Comprehensive Educational Plan, which sets the goals and educational strategies for the coming school year. SLTs also heklp ensure that the school principal’s budget aligns with that plan.

The underlying lawsuit was filed by Michael P. Thomas, a retired teacher, who unsuccessfully attempted to attend a SLT meeting at a middle school located in Staten Island in April 2014. In an earlier case, another educator Francesco Portelos, was also stopped from attending his school’s SLT meeting. In that case, a Judge found that SLTs are not public bodies because they are only advisory. 

“School Leadership Teams are more than advisory— they are critical to the school governance structure, though the Department of Education asserts that they are not subject to our State’s Open Meetings Law. I am proud to be joined by Class Size Matters in this legal effort to increase transparency in educational planning, and encourage participation in school governance through publicizing these vital meetings. Through these measures, we can increase parental input in important school decisions,” said New York City Public Advocate Letitia James.

“It is very disheartening to learn that the DOE is once again is trying to argue that parents, through their School Leadership Teams, have no real authority to make decisions for their children’s schools.  We fought the DOE when Joel Klein tried to strip SLTs of their powers in 2008, and won. The Commissioner forced the Chancellor to rewrite the regulations to recognize the SLT’s power to create the school’s Comprehensive Education Plan, and this authority was clearly established in the 2010 state governance law. To undermine the legal status of SLTs once again is quite shocking,” said Executive Director of Class Size Matters Leonie Haimson.

“The public has the right to observe the decision-making process in our schools and to hear first-hand the issues affecting our children,” said Michael P. Thomas, plaintiff in the lawsuit.

“Community participation is critical to the success of New York City’s public schools– just as strong public schools are critical to the success of our communities. NYLPI is proud to help protect the public’s right to know about decisions made at School Leadership Team meetings, and to ensure that the Department of Education fully complies with New York’s open government laws,” said Mark Ladov, staff attorney for New York Lawyers for the Public Interest.

In the court proceedings, the Public Advocate is represented pro bono by attorney Laura D. Barbieri of Advocates for Justice; Class Size Matters is represented by Ms. Barbieri and Mark Ladov of NY Lawyers for Public Interest. 

The Memorandum of Law is posted here: http://tinyurl.com/ox8yubs

The verified petition is here:  http://tinyurl.com/p66lweu

Preliminary arguments in the Thomas case are expected to be heard by Judge Peter Moulton of the NY Supreme Court on Wednesday, January 14, 2015.

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