Send a letter now to State Officials, urging them to allow online school and district meetings to continue!

 

One of the few good things to come out of the pandemic is an expansion of parent participation in official school-and district meetings by holding these meetings online. Yet the ability to do so is due to expire on Jan. 15.  Resuming in-person meetings at this time is also especially risky, since Omicron still rages. Please send a letter today to state officials to urge them to enable online School Leadership Team and Community Education Council meetings to continue, by clicking here .

Dear community,

The Governor's Executive Order allowing School Leadership Teams and Citywide and Community Education Councils to hold their meetings virtually will expire on January 15th. If nothing is done, these entities will be required to meet in-person starting January 16th.

With the extremely high positivity rate, resuming in-person meetings is not in the best interest of the public (not to mention the volunteer members who serve on SLTs and CCECs).

Please contact the Governor and state legislators today by clicking here and ask them to extend the exemption to the Open Meetings Law and allow SLTs and CCECs to continue meeting virtually. If you have the time, please call your legislators as well. You can look up your Assembly member and Senator by going to https://www.mygovnyc.org/.

Thank you for your activism!

ECC Steering Committee

Will the Mayor and the Chancellor allow the School Siting Task Force to comply with Open meetings law, or insist on keeping their deliberations private?

Update 5/619: After the City Comptroller Scott Stringer sent a letter urging the DOE to comply with Open meetings law and allow members of the public to attend these meetings, Chancellor Carranza and SCA President Grillo responded in a letter today, saying the public be would be allowed to do so, though they didn't agree that they were obligated to do so.  Thanks to Comptroller Stringer and Robert Freeman of the NYS Committee on Open Government who wrote the advisory guidance saying these meetings are indeed subject to Open Meetings Law because the task force was a public body created by city law. 

In City Limits, Jarrett Murphy reports on the continuing lack of transparency of Mayor de Blasio and this administration.  Freedom of Information requests take months, sometimes years to be responded to.  Meetings of public bodies are closed when they should be open.

In January 2015, we were forced to sue Chancellor Farina and the NYC Department of Education to keep School Leadership Team meetings open to the public.  When Farina decided to close these meetings, we intervened in a lawsuit to keep them open, along with Public Advocate Letitia James, and our pro bono attorneys Advocates for Justice and NY Lawyers for Public Interest.  When we won in the Supreme Court in April 2015, Chancellor Farina still insisted on keeping these meetings closed, and appealed the decision to the Appellate Court.

We eventually eventually succeeded in our lawsuit in October 2016, in a unanimous decision of the Appellate court, but only after Farina had effectively kept these meetings private for nearly two years.

Now there is a new example of the Mayor and his administration to keep private what should be public.  This fall, the City Council passed Local Law 168, to create a School Siting Task Force that would include representatives from several city agencies and government bodies, including the DOE, the City Council, City Planning and the School Construction Authority.  This Task Force is supposed to meet and come up with a report by July 31 about how the city can more quickly acquire sites for new schools to alleviate school overcrowding.

This is a crucial issue, because in many cases, twenty years or more have lapsed because of the apparent inability of the SCA and the DOE to find sites, even when the neighborhood schools are at 120% or more.  This happened in Sunset Park Brooklyn before parents, members of the community and CM Carlos Menchaca became involved in pushing for new schools and identifying appropriate sites.

The SCA itself has very few people on staff and only four real estate companies citywide on retainer tasked with this assignment, and we've been told that they never "cold call" or reach out to owners to see if they might consider selling their properties before they are put up for sale, even though this is the best way to acquire sites for development in the hot NYC real estate market.

As I said last week to a Queens Courier reporter writing about Councilmember Holden's plan to get a new high school built in Maspeth, nearly the only way public schools get built in NYC is for parents and local elected officials to find available sites and then advocate like mad for them to be acquired. 

After I heard that the School Siting task force had already met once in secret, I solicited an advisory opinion from Robert Freeman, the Executive Director of the NY State Committee on Open Government.  He confirmed my view that because the task force was created by law, it is a public body subject to Open Meetings Law.  See his letter below.  NYC Comptroller Scott Stringer has also written to Chancellor Carranza and other city officials in support of opening these meetings to the public. His letter is below Freeman's

Yet even after I had shared the opinion from the Committee on Open Government with members of the School Siting Task Force, I heard second-hand that the NYC Corporation Council was holding firm that these meetings should remain private.

Now, in response to City Limit's query, the DOE apparently is reconsidering this position:

A spokesman for the DOE told City Limits, “We are committed to continue partnering with parents and community on this issue, and are exploring how to best solicit input moving forward.”
The agency says it is reviewing whether or not the law requires opening the meetings to the public. If so, those deliberations puzzle Haimson. “This is really a no-brainer,” she says. After all, there’s not a lot of time left to meet: “The report of the task force is due in July.”

Given the acute nature of school overcrowding, with more than half a million students crammed into schools that are at or over capacity, one would think that the officials would welcome public attention, input and support to help solve this ongoing crisis.  Chancellor Carranza himself speaks frequently about wanting to "listen" to parents and "empower" them, but this is impossible if they don't even know what is being discussed behind closed doors.

What's the story on School Leadership Team meetings? A fact sheet for parents and members of the public

On October 25, 2016 the Appellate Court finally ruled on the lawsuit, originally filed in January 2015, by retired teacher Michael P. Thomas, Public Advocate Letitia James and Class Size Matters.  The Appellate Court unanimously ruled that School Leadership Team meetings must be open to the public. Here is our press release about this, and here are articles about the decision in the Daily News, the Village Voice and Chalkbeat. Here is a blog post with more background.

On November 10, the DOE informed principals via the Principal's Weekly that from now on, these meetings must be open to members of the public, and that parents and the public must be notified in advance of these meetings. Below is a fact sheet, explaining the composition and authority of School Leadership Teams, and what rights parents and members of the public have to attend these meetings.  You can also download the document as a pdf here.  In Spanish it is here.

Final SLT Fact Sheet 11.14.16 by Leonie Haimson on Scribd

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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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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