Community District Education Council 3 on the potential co-location of a new Success Charter Network School

See also Class Size Matters' Comments to SUNY board on the application of Success Academy charter in District 3 (pdf) and Comments to SUNY board on the application of the Bronx Success Academy charter in District 7 (pdf)

Firstly, elementary school overcrowding has become endemic to District 3 and there is no room for the co-location of Success Charter school without increasing this already dire situation. Overcrowding predominates in the Southern portion of the district and given the level of new development in Harlem, such overcrowding is moving uptown. Unfortunately, SCA and DOE projections have continually underestimated this enrollment growth - and overestimated existing capacity - leading to increased overcrowding.

Yet even if we use the SCA's own projections for 2012 showing a capacity of 4,043 middle school and elementary school seats and projected enrollment of 3,745 students in Harlem, the 298 available seats the DOE show will not suffice for the proposed new school planned by Harlem Success. And these numbers assume that all the students in the new HSA school would come from District 3, which - unlike the strict in-district policy being imposed by the DOE on all of our D3 elementary and middle schools - is not even the case for Harlem Success who will be drawing students from a number of districts.

Additionally, a fair percentage of these students will in no event be able to matriculate at Success Charter since they likely will require self-contained and other Special Ed services which none of the Success Charter schools cares to or is able to provide. Which begs the question why the favoritism toward Success Charter and why have they been promised a place within our district if instead of meeting the explicit needs of our children then are exacerbating existing problems?

Additionally, the New York State Legislature has made it clear that any impact of co-locations must be assessed in advance and reviewed with the community including the CEC, as well as with the affected schools. Yet SUNY and Harlem Success's application provides no specific information for location of the proposed new school. Without a specific proposed location for Harlem Success, how are we supposed to assess its impact on the community and the schools with which it is co-locating? Where is the transparency and accountability that the legislature demands, and that SUNY repeatedly has promised?

If, however, Success Charter indeed will be co-located within PS 145 as we understand has been planned, once again the issue of capacity and realism is at question. Specifically how will a school slated to grow to 689 students within 5 years fit within a building that by most optimistic estimates only contains 320 additional spaces? Surely SUNY and the DOE should be required to answer this critical question prior to approving a school of this size?

District 3 recently has been awarded an $11 million federal magnet grant to improve racial integration within the district by supporting increased enrollment at the district’s very few under enrolled schools. Unfortunately, the Success Charter application puts this entire grant at very real risk since all 8 magnet schools must have adequate space in which to grow their programs as per the grant application. Currently, however, there is not a single building with the spare capacity to accommodate Success Charter at steady state. Thus the likelihood is great that Success Charter’s co-location will lead to non-compliance for one and thus all of the 8 magnet schools.

Sadly, even without the ability to measure the probable impact of the new Harlem Success co-location, we in District 3 would likely reject a new HSA branch out of hand based on our previous negative experiences with Harlem Success co-locations within our District schools, PS 149 and PS 241. In fact, unlike our experience with other charter schools co-located within District 3 buildings, relations between Harlem Success and their District 3 host schools are uniformly terrible with our District school children being made to feel as second class citizens within the own buildings. This comes down to a lack of cooperation by Harlem Success's management team, who fail to share resources, segregate their classrooms and hallways from their District school neighbors, and routinely and falsely demonize those co-located district schools as "failures." It is also due to the DOE favoring Harlem Success's growth at the expense of our District Schools - as they once again are proposing to do.

Witness PS 241 where Harlem Success IV - which originally was authorized to grow by 125 students next year - now is slated to expand by 175 without any public discussion or review. And to make room for this unauthorized expansion of HSA IV in an already overcrowded building, PS 241 students are being moved out of their three ground floor classrooms into the school’s basement, including an as yet to be converted food service room. Additionally, Harlem Success is being authorized to provide Pre-K services in the new school, whereas over the past 24 months the DOE has summarily cut fully enrolled pre-k sections at District 3 schools PS 185 and PS 241.

The sad message of Harlem Success's proposed expansion at the expense of District 3 schools is and has been that our D3 public school kids are less worthy than their charter counterparts. It says that it's ok to cut district school programs and shove more and more of our kids - many of whom are English Language learners or have significant special needs which Harlem Success and most other charters don't even pretend to address - into our increasingly overcrowded public school buildings.

Overcrowding, favoritism toward a small minority of kids, poor relations among schools, a risk to a critical magnet grant program designated to improve education across the district, and a lack of responsibility to educate all of our District 3 students are only a few of the reasons why District 3's CEC urges you to reject the Harlem Success application.

Yours sincerely,

Noah E Gotbaum, President, for and on behalf of Community District Education Council 3

The smoking gun of Eva's emails

Be sure to check out Juan Gonzalez’s Friday's column where he revealed the smoking gun of emails, showing how Eva Moskowitz asked Klein to close two neighborhood zoned elementary schools in Harlem, PS 194 and PS 241, so that her charter schools could take their place.

Less than two months later, Klein announced plans to phase out those schools and use the space for two Harlem Success academies on the pretext that both schools were "failing"; yet both of them got "A's" at the end of the year.

Don’t forget to read all the emails on the News website – full of fascinating nuggets about the battles for space; also discussed are Bill Clinton, Al Sharpton and how Eva persuaded Klein to change DOE policy in order to provide her with the addresses of parents through mailing houses so she could saturate them with her mailings and recruiting efforts.

As she writes Klein at one point, "the decisions that have to be made are are political. Deciding on merits of quality of school and space allocations per pupil is in our system political."

Absolutely. And in every case, his decisions were politically based.

The emails also show how Moskowitz even now trying to engineer her schools' expansion into preK and get double the state funding for it – even though state law officially disallows charters to provide preK. Meanwhile, the DOE has cut back on preK in several Harlem public schools to give the space for charters!

FYI, anyone can FOIL the emails themselves sent between charter school operators and the DOE. It would be instructive to read them all. I imagine much of Klein’s time is taken up by agreeing to the aggressive demands of these privatizers. READ them for yourself.

Below see an excerpt from Democracy Now, where Juan Gonzalez talks about how he fought DOE for eight months to obtain these emails:

Bijou Miller on DOE's illegal intention to eliminate a zoned school -- and give the building to a charter

The DOE intends to close PS 241 on W. 113 St., the only zoned school in the neighborhood, and give the building over to a charter school, yet another in Eva Moskowitz' ever-expanding chain of charters, the Harlem Success Academies.

Here is a short description of PS 241 from InsideSchools:

Once PS 241 was known as the Family Academy, supported by a not-for-profit foundation that raised enough money to offer classes until 5 p.m., a summer school, a health clinic, and a team of social workers. The Friends of Family Academy developed a carefully structured curriculum with an emphasis on phonics. When that curriculum was supplanted by the one that the chancellor mandated for most schools in 2003 (and that took a more progressive approach to teaching reading) the foundation pulled out, and with that support went the extras.

Clearly, the malignant neglect (and poor curriculum choices) of DOE officials have brought down this school, and rather than endeavor to improve it, or put another regular public school in its place, they are trying to push through their unilateral decision to replace it with a charter school.

What's especially awful is that by closing this school, the DOE will essentially eliminate the school zone and leaving these children without any zoned school to attend. By Section 2590-e of NY State education law, any change in zoning has to be approved by the district's Community Education Council. Yet in this case, no one from DOE consulted the CEC, no less gave them the chance to approve or disapprove.

This action would be an extremely dangerous precedent if allowed to stand. It would essentially allow the DOE to convert any and all zoned schools in NYC to charters, to essentially privatize the entire public school system without anyone being able to stop them. For more on this, see Juan Gonzalez column here: Mayor Bloomberg and Joel Klein determined to keep parents seen not heard.

Bijou Miller is co-President of the President's council in District 3 and a member of the District 3 Leadership Team. Here is her account:

In December, the DOE announced that it was phasing out two of our schools in District 3. The reasons given were dropping enrollment and poor performance (though in one case, those were not the original reasons given but that is another story). I was informed as a member of the District Leadership Team (DLT) and told that the DLT would be the group that took community input, looked at new school proposals and then gave a recommendation to the DOE.

Long story short, it did not turn out that way for either school. One of those schools is PS 241. We have had three open meetings on this - one in December and two in January. At the second meeting, John White from Portfolio, had two proposals for PS 241, one a charter school (and it seemed to be Eva Moskowitz's chain, Harlem Success). White had even invited Harlem Success parents to comeand "testify" about how great their school was. So the deck seemed to be definitely stacked.

The other option was a public school but John did not offer any information on it and to date has never said anything about this other option. He said that PS 241 was no longer attracting zoned families and that only thirteen families had applied to the kindergarten class. The DOE felt that replacing 241 with another public school would not solve the under enrollment problem.

They felt that a charter school would attract more parents. At this meeting, he brought up the idea that if they put a charter school in, it would hold its lottery for catchment children first so as to accept as many 241 children as possible and then open the lottery to the district after 241 children had been accommodated.

At the third meeting and last meeting we had (we were expecting more meetings but unbeknownst to us, the process was over!), White added on to this scenario. In addition to having the charter school hold its lottery for 241 kids first, he said that they would also have first priority at five other area schools.

Parents asked about the zoning issues. For all intents and purposes, this scenario would make one group of families be zoned for five different public schools, all of them outside their original zone. Additionally, because the DOE is not replacing 241 with a public school, they are in essence not giving the families of that zone a neighborhood school. Charter schools do not qualify as zoned schools because they take from throughout the district. This is also not to mention that some of these five schools do not have the room to take in children from another catchment.

Last night, there was a joint Presidents' Council/CEC meeting tonight. Our Pres.Council meeting began at 6 P.M. Upon arriving, I noticed that therewas a huge crowd already in the auditorium. I assumed that it was people getting there early for the 6:30 CEC meeting, which had a very long agenda. Instead, to my surprise, I discovered a rally being held for the Harlem Success Academy.

I later found out that this "hearing" was being held under the auspices of the Charter School Institute of the State University of New York. I also foundout that someone had bused in a group of children who were given caps blazoned with the Harlem Success Academy logo. If this was a hearing to get community feedback, it certainly had a very biased atmosphere. I was told that PS 241 parents had not known about this hearing and apparently, if you wanted to speak, you had to somehow contact the "Hearing Registration Officer" on the day of the hearing BEFORE it started (the window of opportunity was from 5 to 5:30p.m.)

I did not attend this "hearing" as I had to conduct our own meeting but from what I gleaned, I do not think the State University got the response they had expected. In fact, many parents were angry and outraged and that anger and outrage carried over into the CEC meeting (which was delayed forforty five minutes because of this hearing).

At the CEC meeting, parents from 241 and other schools were understandably upset. The upshot is this: There was no consultation with the CEC about putting a new school into PS 241. There was no consultation with PS 241 parents about whether or not they wanted a charter school put into their building.

It now turns out that the DOE is putting in an already established branch of Harlem Success so the first and second grade classes are already full and will not have space for PS 241 children. So much for giving PS 241 children a charter school choice.

The bottom line is that the DOE is radically changing the zone by eliminating it --and the CEC has not been asked to approve. Zoning is the CEC's department and the DOE has no right to proceed with this plan without getting approval from the CEC. The DOE also has decided to place a charter school into 241 without any discussion with the families. I suppose the hearing last night was that "discussion" but, as I said, many parents had no idea it was even taking place.

---Bijou Miller, Co-President of District 3 Presidents' Council and DLT member