FERPA complaint from Fatima Geidi to US Dept of Education re Eva Moskowitz violation of student privacy

Since the original PBS program and the subsequent illegal disclosure of educational records by Eva Moskowitz (see our cease and desist letter), more details and instances of the widespread nature of suspensions and push-out tactics of Success Academy charters have been documented in this NY Times article.  

Fatima's FERPA complaint to the US Department of Education sent this morning is below; for more on how Moskowitz violated FERPA and the federal student privacy rights of Ms. Geidi's son, see this Slate article.  Sign the Color of Change petition, to demand that the US Dept of Education stop granting Success Charters millions of dollars and contributing to the Kindergarten to prison pipeline. 

October 30, 2015

U.S. Department of Education
Family Policy Compliance Office
400 Maryland Ave, SW
Washington, DC 20202-8520

By postal mail and email to: FERPA.Complaints@ed.gov 

My name is Fatima Geidi and I reside at the following address: [removed] I am the mother of [name removed] age 10.  [name removed] was a student at Upper West Success Academy charter school at 145 W 84th St, New York, NY 10024 from August 2011 to Feb. 2014.   

The principals of the school during that period were Caroline Roby and Paola Zalkind. The current principal of the school is Jennifer Haynes. The CEO (or Superintendent) of the Success Academy Network is Eva Moskowitz, whose office is located at the following address: 95 Pine Street, Floor 6, New York, NY 10005. 

On October 12, 2015, PBS News Hour ran a segment with an interview of my son [name removed] who spoke about his experiences at Upper West Success Charter Schools, where he was repeatedly suspended for minor offenses. His face and name appeared in the video, and his name in the transcript as well, which are posted here: [removed]

On October 19, Ann Powell, Executive Vice President of Public Affairs and Communications at Success Academy Charter Schools, sent out a media release to reporters, composed of a long letter from Ms. Moskowitz to Judy Woodruff of PBS that included non-directory personally identifiable information from my son’s education record in connection with certain disciplinary issues.  This media alert is attached, as well as the letter. The letter was posted on the Success Academy website the same day at: [removed]

I was not contacted at any time beforehand and did not give my consent to the disclosure of my son’s non-directory education record. 

The letter by Ms. Moskowitz includes an email from John Merrow of PBS, in which he wrote that I “was unwilling to release [my] son’s records.” This is further documented by PBS, in their response to the letter, where they write: “…the mother was not willing to allow Success Academy to release her son’s school records.”  Ms. Moskowitz herself wrote that I was “refusing to waive her son’s privacy rights.”  [removed]

I learned about this nonconsensual disclosure of my son’s non-directory information on October 20, from a friend.  I sent a letter to Ms. Moskowitz on October 22, also attached, demanding that the original letter be taken down and all further disclosures from his record to cease.  link here: https://shar.es/150QAm

I subsequently learned that on October 21, Ms. Moskowitz had sent a second letter to Ms. Woodruff, repeating her false claims that my son was suspended for “conduct dangerous to other students and himself.” This letter is still posted at [removed] and is attached.

On October 23, Ms. Moskowitz replied to my cease and desist letter, claiming a “constitutional right” to divulge details from my son’s disciplinary record. This letter was originally posted to the Success Academy website but now only the first part is, with my name removed at:  [removed]. The original full letter is attached.

On October 25, a press release from Success Academy again contained details from my son’s purported disciplinary record and is posted here:  [removed]

As of today, October 30, 2015, these letters containing non-directory information from my son’s education records are still displayed at the Success Academy website at the above URLs. These letters have been linked to by many blogs and media outlets, including the PBS website.  

These repeated disclosures by Ms. Moskowitz of my son’s disciplinary record are egregious and willful violations of FERPA and his federal right to privacy.  I request your urgent intervention in this matter to limit the harm that has already been done to my son in violation of federal law.  

I certify that this information is accurate and true to the best of my knowledge. 

Signed Fatima Geidi, October 30, 2015 

Attached:

Moskowitz Letter_10.19.15

Success Academy Press Release_10.19.15

Moskowitz Letter_10.21.15

Success Academy Press Release_10.21.15

Cease and Desist_Geidi_10.22.15

Moskowitz Letter to Geidi_10.23.15

Moskowitz Letter_10.25.15

Success Academy Press Release_19.25.15

Geidi FERPA complaint 10.30.15

Damaging impacts of charters on Harlem's public schools

Empty room at Success charter school taken from PS 175

On October 8 I gave a presentation to the Community Education Council in District 5 on the impact of charters on their public schools in Harlem.  Our analysis, among other facts, revealed how much more disadvantaged the students are in their district public schools .  The power point is below.

Another empty Success charter room taken from PS 175

Parents have also sent me these photographs.  The first two are classrooms that Success Academy charter school took from PS 175 this year,that are now sitting empty.

This further suggests that these rapidly expanding charters are indeed under enrolled as this article and this analysis of DOE school enrollment data from the Blue Book suggest--  facts that SUNY apparently ignored when they authorized 14 more Success charters last week.

Below is another photograph, showing how the expansion of another Success charter has taken so much space within PS/MS 149 in Harlem that the speech therapist now has to share the room with the PTA office; with the two spaces only separated by sheets.

PTA office/speech therapy room at PS/MS 149

I emphasized at the meeting how important it is for parents and teachers to speak out about the negative impact of charter co-locations on their schools. If you have stories to tell or photos to share, please share them with us at info@classsizematters.org.  Thanks!

District 5 Charter Impacts in Harlem

Why SUNY should not allow Success Charters to expand.

On Wed., October 8, 2014, the SUNY charter committee is due to vote on authorizing a gazillion new Success charters for nearly every area of the city -- though without telling us exactly where they will go, and how much space they will take from our public school students.  Where: 116 E. 55 St., Boardroom;  Time: 9:30 AM.

Eva Moskowitz is determined to occupy as much real estate as possible as quickly as possible at city expense,  and is preparing with a massive rally this Thursday where she will gather the troops, closing her schools for the occasion, and ordering every parent, teacher and student at her command to show up.

In addition, her hedge fund supporters have given $1.75 million in the past week alone to GOP State Senators, determined to fix the election in her favor. .Of that,  $350,000, came from Paul Tudor Jones II,  of the Robin Hood Foundation and Tudor Investment Corp., a hedge fund in Connecticut. Here is a picture of him with his wife at his 60th birthday, where John Fogerty of Creedence Clearwater and Jon Bon Jovi sang.

Not to mention millions more they have given to the best friend of the charter schools, Governor Cuomo. Truly, the charter movement is not an educational movement, but a political one, in the worst sense of the word -- and their billionaire backers are intent on using their outsized wealth and power to get their way, whether it is in the best interests of NYC children or not. Check out the column by Prof. Dan Katz on their collective hypocrisy.

On Monday night there were hearings at the District 2 offices on 7th Ave, where many eloquent teachers, parents, community leaders, and Assemblymember Deborah Glick spoke in opposition to this land grab, and several parents from Upper West Success spoke plaintively in support.  The Community Education Council in Districts 2 and 3 are also opposed, as is the Community Board in District 2, whose representative suggested that if SUNY liked Success charters so much they give them space in their own buildings, instead of invading our local public schools.  Interestingly, not a single parent who said they wanted to enroll their own children in any of these schools showed up, and the representatives from her charter network refused to speak, though as usual, they had hired a cameraman to take videos.  I told the videographer that he must have filmed hundreds of hours of hearings of parents protesting  Success charter schools, and he just shrugged.
Norm Scott has posted some videos here of the MORE contingent, and DNA info covered the hearings here, as did the Columbia Spectator.  I  spoke briefly, and today I sent my comments to two out of the three members of the SUNY charter committee  (the only two I could find emails for.) 

To: jbelluck@belluckfox.com, jmurad@hancocklaw.com, charters@suny.edu 

Dear Mr. Belluck and Mr. Murad:  

I urge you not to allow Success charters to expand, on the grounds that they do not enroll their fair share of high needs students, receive more per student funding in public funds than public schools, and drain our public schools of the resources and space necessary for a sound basic education.

I will briefly explain these points, but for back-up material or citations for any of these points, you can refer to the attached document, called the Six Myths of Charter school, also  posted here:  http://www.classsizematters.org/wp-content/uploads/2014/05/testimony-charters-5-6-14-final1.pdf

1.        Charter schools are NOT public schools. Charter schools are publicly funded but governed by private corporate boards, and do NOT have to follow the same laws or rules that public schools do.  They are able to cap their enrollment and class sizes at any levels they like, they enact extreme disciplinary policies, and often exhibit high suspension rates.   In NYC, they can and do expel students –forbidden by NYC public schools for any student under 17.

2.      Charter schools DO NOT educate the same exact kind of students as public schools.  Charters have fewer special needs students, English language learners, students in poverty. This is especially true of Success Charters. According to the 2010 Amendments to the Charter Schools Act , when charter authorizers  renew or allow charter schools to expand, these schools are obligated to show they are meeting or exceeding enrollment and retention targets of students with disabilities, English language learners and free and/or reduced price lunch, yet despite this, Success charters has been allowed to rapidly expand without showing this.

3.     NYC charters receive MORE in per student public funding than district schools.  As the NYC Independent Budget Office has pointed out, the two thirds of NYC charters that are co-located receive MORE per pupil public funding than public schools when their free space and services is taken into account.  The large disparity in public support will grow even greater with the boost in charter funding  in the new state budget, and the guarantee of free space for all new and expanding NYC charters moving forward, .

4.   Charter schools DO NOT get higher test scores because of some secret formula. 

The test scores of charter chains like Success is likely not due to superior teaching or curriculum, but to increased funding, and their much higher suspension and attrition rates. Of course, the more a school pushes out struggling students, the higher their test scores will likely be. According to the latest available figures, Success Academy charters lose half of their students by 6^th grade.  Suspensions are especially high among special education students.

5. Charter schools DO NOT have huge waiting lists. According to DOE figures, there are many public schools whose acceptance rates are the same or smaller than charters.

6.    The new state law which guarantees free space paid for by city for all new charters going forward will further drain the city’s schools of resources they cannot afford.  The new law actually provides unprecedented privileges to charters, as there are overcrowded communities in NYC that have waited twenty years for a new school to be built in their neighborhoods, but now any charter that wants to open up shop in a district will now be guaranteed space free of charge.  Already NYC is spending over $1 billion per year on charters, while our public school budgets have been cut 14% in recent years.

While hundreds of thousands of NYC public school children continue to sit in overcrowded classrooms, in trailers, and on Kindergarten waiting lists, and wait for smaller classes, which is the state’s highest court said was their constitutional right, the charter schools will get a free ride at the city’s expense.  This will further exacerbate a dual system of separate and unequal schools and is fundamentally unfair.:

Parents and advocates comment on today's charter school march

For immediate release:  Tuesday, October 8, 2013

Arthur Z. Schwartz, Advocates for Justice: aschwartz@advocatesny.com; 917- 923-8136

Leonie Haimson, Class Size Matters: leonie@classsizematters.org ; 917-435-9329

Sam Pirozollo, NYC Parents Union: sam@nycparentsunion.org ; 917-533-3437 

Today, Eva Moskowitz and other charter school operators have closed their schools and are holding a political rally of students, parents and teachers, to try to pressure Bill de Blasio, Democratic candidate and frontrunner for Mayor, to go back on his campaign pledge that if elected, he will call for a moratorium on charter co-locations and charge charter schools rent.  What she and others in the charter lobby have ignored is that while Section 2853(4)(c) of the NY State Education Law allows districts to lease public school “buildings and grounds” to charters and to “contract for the operation and maintenance thereof,” it also requires that “any such contract shall provide such services or facilities at cost.” 

Arthur Schwartz, attorney with Advocates for Justice, who first filed a lawsuit on behalf of public school and charter school parents on this issue in 2011, says: “New York State Education Law requires that when a district provides space or services to a charter school it shall do so at cost.  Yet the DOE provides free space and services for more than 100 co-located charter schools.  Using figures from the NYC Independent Budget Office, we estimate that the space and services these charter schools currently receive is worth more than $100 million a year. A large chunk of that unfair subsidy goes to Success charters, which operates 22 schools across New York City, all of them co-located, with plans for seven more schools in 2014. Yet Success had an operating surplus of more than $23 million in 2012, and probably enjoys an even larger surplus this year.” 

“We have now been instructed by Justice Barbara Jaffe to take the issue to the State Education Commissioner. But in light of a recent ruling in a related case, we are asking the judge to reconsider. If she sends us to the Commissioner again we will appeal, in time to face off with a new Mayor. Success Charter Schools, which has organized the upcoming rally, is trying to exert political muscle. It will not succeed, in the public arena or in the courts. That $100 million will go back to our public schools, starved for resources, and hopefully allow them to reduce class sizes, which are now the largest in 15 years.” 

"This 'protest march' is yet another example of separate and unequal treatment afforded to charters, especially Eva Moskowitz's Success Charters," says Noah Gotbaum, a public school parent of three and a Vice President of Community Education Council District 3 on the Upper West Side and Harlem. "Success claims its schools are public, but what other public school could close their doors and demand that its parents and students attend a political rally? What other public school could sue the State Comptroller to avoid the transparency of a state audit?  And what other public school could use our tax dollars to pay its CEO almost $500,000 per year?" 

As Leonie Haimson, Executive Director of Class Size Matters points out, “A 2011 study from the Independent Budget Office showed that co-located charters in NYC receive more in public dollars per student than regular public schools, and city spending on charters is expected to exceed one billion dollars next year.  A report released by the charter lobby attempts to contradict the IBO analysis but has little credibility, especially since its author, Harry Wilson, is personally close to many in the charter school movement , according to Whitney Tilson, prominent board member of Democrats for Education Reform.  Indeed, Wilson promised not to 'harass' charters by auditing their books when he ran for NY State Comptroller in 2010.” 

Karen Sprowal, whose own son was pushed out of a Success charter in Kindergarten, observes:  “Over the last few months we have learned of even more cases of troubling disciplinary and push-out policies in charter schools, in a series of investigative reports from Juan Gonzalez of the Daily News.  There needs to be an immediate moratorium on expanding charters as well as co-locations, so that these abusive and potentially illegal practices can be carefully examined by authorities before any new charters are allowed to open in New York City.” 

Mona Davids, President, NYC Parents Union, said:  "As a former charter parent who spearheaded the charter reforms in 2010, I'm disgusted that Eva Moskowitz and other charter leaders are using parents and students as political pawns while continuing to violate the law by not serving their fair share of students with disabilities and English Language Learners, by not establishing Parent Associations and by refusing to be audited by the State Comptroller.  This march is an abuse of power by Eva Moskowitz and other charter leaders because no public school would be allowed to shut down for an entire morning to have their students engage in political activities." 

According to Sam Pirozzolo, president of the Community Education Council in District 31, Staten Island: “I find it ironic that Ms. Moskowitz, a leader who has been given the task of eliminating the achievement gap has done little more than increase the divide between the haves and have nots.  It is unfortunate that Eva Moskowitz has chosen to intimidate mayoral candidates by closing her schools for a day. She is hiding behind parents and children for the sake of profits and a paycheck. Since their inception, charter schools have been creaming only the best students from our public schools.” 

###

Noah Gotbaum on the SUNY charter committee's decision to table the hike in fees of Success Academy charter today

The SUNY committee decided to table the motion to hike the fees of Eva Moskowitz's controversial charter network by 50%, probably because of a dynamite column by Juan Gonzalez today.  Here is the account of what happened by Noah Gotbaum, chair of the Overcrowding and Charter Committee of Community Education Council in District 3. 

There was no discussion before the Committee decided to table the motion to double the management fees of Success Academy network.  Ken O’Brien (SUNY Charter Committee Chair) just came in, called the meeting to order and then said that the Committee was “tabling” the fee portion of the merger resolution and that the rest would be discussed and voted on later in the meeting.   

In addition to the Committee and Charter Schools Institute reps Ralph Rossi and Susan Baker-Miller, about 30 others in the room in the room included a half dozen from Success (Jenny Sedlis , legal counsel from Paul Weiss, usual parents), Lindsay Christ (NY1) and Ben Chapman (Daily News), and two dozen from our side, including Jim Devor and many from New York Communities for Change, complete with great signage.  All in this mahogany lined board room.  Surreal. 

Some discussion about what would be on the agenda, prior resolutions, ground rules with O’Brien alternately praising CSI’s “great work” while repeatedly saying there would be no public discussion or comments.  After about 15 minutes, he called for an Executive Session and asked us all to leave, to which a number in our group asked “what are you hiding?” and “why are you shutting out the public?”  O’Brien then called the guards in while the counsel explained that they were discussing privileged and confidential lawyer/client information regarding the charter replication process. 

We were then pushed out to wait downstairs for about 45 minutes after which we trudged back up to hear Baker-Miller and Rossi provide the Committee with a powerpoint presentation on the replication process and then the Success merger, the latter which had never been undertaken previously in NY.  Much self-important talk of “accountability,” “financial and academic performance,” “streamlining,” and nuts and bolts of all.   

After about 20 minutes O’Brien called for a discussion of the Success Merger resolution.  There was none.  Zero.  Not a word.  Resolution wasn’t even read.  He then called for a vote at which point I call out: “where is the public comment?!”  Silence.  I then called out again and asked what happened to the comments from Friday’s public hearing?  O’Brien:  “there will be no public comments!”   

I asked again: “I understand that you are not taking public comments at this meeting but we want to know what happened to the comments made at the hearing and via email to SUNY and the DOE?  What happened to those?  Did you see them?”  More Silence.   

O’Brien gets up and motions to guards who enter the room.  “Why hold a public hearing if you aren’t even considering what was said by the public?”  O’Brien then motions for a vote, awkward five second silence while he waits for a second to his proposal which finally comes, and then the unanimous voice vote – no roll-call, boom.  Then immediately “meeting adjourned” after which O’Brien and Committee members flee into an ante room leaving Rossi, Baker-Miller a stray member, three or four guards and angry community members.    

A bunch of us then stand across the table from Rossi and push him on why hold a public hearing if the comments are not discussed by the Committee or even given to them? “Not required” he tells us.   

“What?” we ask.   

Rossi continues: “The only comments we are required to consider are those submitted by the District, who in this case is represented by the Chancellor - and he didn’t submit any.”   

“So again, why hold a public hearing if you only are obligated to consider the Chancellor’s opinions?” we ask.  “The hearing was publicized – terribly – for the public, not for Walcott” we add. 

“If Walcott wants to consider what is said at the hearing and incorporate it he can, but he didn’t,” we are told.   

“So what happened to our comments?” we ask.   

“They were recorded and given to the Chancellor and to us” he says.   

“No they weren’t,” we say.  “They weren’t even written down by the DOE.”   

“Well, we get a summary of them,” he says.   

“Really?” we ask. “Have you received them?”    

“I will have to check…” says Rossi.  Conversation and meeting over.

Obviously Juan Gonzalez’s article embarrassed SUNY into tabling Eva’s management fee increase.  In short, they were “caught” and didn’t want to deal with the uproar today.  But am sure they will figure out a way to get Eva her extra millions, we just won’t hear about it.   

And Eva obviously needs the extra cash since she now has a more streamlined and efficient structure.  Although when I worked in the business world, increased efficiency led to lower costs not higher.  What am I missing?  Maybe the funds are going to increased services like self-contained classes?  But wasn’t she required to provide those previously?   

Oh this is all so confusing.  Maybe that’s why the SUNY Trustees just leave all these difficult decisions up to their staff at the Charter Schools Institute.  They, like Eva, Bloomberg, Michelle Rhee and her hedge fun financiers at Students First, know far better than we parents do what’s best for our kids.  Thank goodness for them…

Aggressive marketing by charter schools, soliciting applicants

The Bloomberg administration and the charter school operators always claim that in the rapid proliferation of charter schools across the city, they are merely responding to parent “demand” but this ignores the aggressive recruiting methods they use to build up their “waiting lists.”  Eva Moskowitz has hired paid recruiters to “poach” students for her Success Academy charters, as in the video below, outside PS 261 in Brooklyn.  Not to mention her extensive and expensive advertising campaigns, in which she spent $1.6 million dollars on marketing efforts alone in 2009-2010, amounting to $1,300 per incoming student.

This year, there is evidence that Harlem in particular has become so oversaturated with charters, that they have been forced to go far afield to solicit applications.  Parents as far away as lower Manhattan have receiving mailings from Democracy Prep and Harlem Link.    

We have also been forwarded emails  in recent days from two new Harlem charters, both authorized by NYSED, apparently desperate for students.  One is the Global Community Charter School, whose website is still under construction, and the other is the Neighborhood Charter School of Harlem, which was founded supposedly for “high-functioning” though as yet undiagnosed autistic kids, though the email message below does not mention this.  Clearly, there does not seem to be a surplus of demand for these schools given their desperate messages.
__

From: sharee stephens
Sent: Sunday, March 11, 2012 11:15 PM
Subject: Fwd: Charter School Application Packet - for distribution ASAP

Hi Sorors,

Please see below; attached information regarding a new charter school opening in Harlem.  [Global Community Charter School] Soror Sheronda is a member of the board and needs our assistance with the recruitment process. Please distribute application packets to any eligible friends, family members ASAP.

Thank you in advance for your sisterly assistance!

Kisses & Violets,

Sharee
---------- Forwarded message ----------

Hey Sharee!

I am on the board of a new charter school opening up in Harlem this fall. Because we have some deadlines to meet as far as numbers in applications to continue in our plans to successfully open in September, we unfortunately need to solicit some help from neighbors, friends and family. By Friday we need 75 applications from actual families with children going to kindergarten. These applications can come from any child of that age within New York State. I am asking that you please forward the attached to anyone you know with kindergarten age children and the delta listserv. It is imperative that we get the applications so that we are not forced to stop our planned opening for the fall which we are confident we will be ready for. To be clear, the application presents no commitment by any family to attend the school even if they are accepted. However, the school will be presenting a unique and amazing International Baccalaureate program so anyone interested in having their child attend please definitely apply.  I hope you can help us get our preliminary numbers to keep going! If you have any questions let me know.

Always,
Sheronda 
_______________
  Hi Good evening
I am a recruiter for a charter school. Its the Neighborhood Charter school of harlem its going to be located in 124th street and lenox. Their accepting applications until April 1st. For Kindergarten and 1st grade. If your interested their website is. www.ncsharlem.org you can download the application and fill it out and follow the instructions to mail application. Email me if you like more info or go directly to the website. Thank you.