Wednesday, March 8, 2017

The egregious failure of DOE's Renewal program - and the likely illegal proposal to close JHS 145



Since Sunday, the NY Post has run an excellent series on DOE’s Renewal program for struggling schools,  describing the stunning lack of services provided students and instead, millions spent  on consultants, bureaucracy and other unspecified programs   Here is Part I,  Part II is here, here, here and here, followed by Part III and Part IV.  

I have been watching the Renewal program with special attention, especially since the DOE has repeatedly promised the state to focus its class size reduction obligations under the Contract for Excellence law on these schools, but has failed to do so. In May 2015, I wrote about how the DOE’s insistence in co-locating  charter schools in Renewal school buildings would undermine their progress – and make it more difficult for them to have sufficient space to reduce class size or be provided with wrap-around services.  

In November 2015 I testified at City Council hearings about the failure of DOE to reduce class size in these schools.  This fall, I again  blogged about how two of the most persistently struggling Renewal schools in the Bronx, JHS 162 and IS 117, have been on the city's priority list for class size reduction since 2007, when the Contract for Excellence law was first passed; JHS 22 since 2009.  Yet neither when Bloomberg was mayor nor  now under Bill de Blasio has the DOE ever bothered to cap class sizes in these three schools at levels that would guarantee their students a better chance to learn.  

I have also repeatedly critiqued expensive Renewal contracts for problematic CBO’s and consultants for professional development ,  including here and here.  One of the most egregious contracts was awarded retroactively to Scholastic in December 2016, to hold “family workshops” at Renewal schools -- at a cost of $2,291 per hour. 

Now the DOE has announced its intention to close six renewal schools and merge six others – a year before the three years they were promised.  Here are the schools they intend to close, which include JHS 162 and five others:
  • J.H.S. 145 Arturo Toscanini, District 9, Bronx
  • Leadership Institute, District 9 high school, Bronx
  • Monroe Academy for Visual Arts and Design, District 12 high school, Bronx
  • M.S. 584, District 16, Brooklyn
  • Essence School, District 19 middle school, Brooklyn
  • J.H.S. 162 Lola Rodriguez de Tio, District 7, Bronx
Here is a list of meetings on the proposed closures at these schools.  The Panel on Educational Policy will vote on the proposals at its March 22 meeting.  

Of the six schools slated for closure, only JHS 145 in District 9 is a zoned school.  Because JHS 145 is a zoned school, it is not clear to me how the DOE can close it without a vote of Community Education Council in District 9, which has not occurred.

A little history first: In February 2009, then-Chancellor Joel Klein announced he would close three zoned elementary schools:  PS 194 and PS 241 in District 3 and PS 150 in District 23, and put charters in their place.  Eva Moskowitz had asked Klein the year before to give her the two D3 buildings in Harlem for her Success Academy charter chain.

The following month,
the NYCLU/UFT sued DOE, on behalf on CEC 3 and CEC 23 as well as parents at these schools, pointing out that the decision to close a zoned school must first be put to a vote of the CEC because it involves changing (or eliminating) zoning lines. Joining as plaintiffs were Randi Weingarten, president of the UFT, and Public Advocate Betsy Gotbaum.  The legal complaint is posted here.  Less than two weeks later, Chancellor Klein dropped his plans to close these schools.

In 2012, then-Deputy Chancellor Marc Sternberg and the office of Portfolio Planning tried to persuade CECs throughout the city to eliminate their school zoning lines, presumably so he could close more of them and put charter schools in their place.   I wrote a memo on this at the time, warning CEC District 6 and others against allowing DOE to take away the only legally recognized power they had. (See:  Article 52-A - § 2590-E Powers and Duties of Community District Education Council)  Only CEC 7 and CEC 23 agreed to eliminate their zoning lines – but not District 9.  (District 1 had removed its zoning lines years before.)  

Sternberg departed DOE the next year, at the end of Bloomberg’s last term in office,  shortly after announcing  23 proposals to open new charter schools and co-locate new and existing charter schools in public school buildings.  He left to become Education Program director at the pro-privatization Walton Family Foundation, where he has funded many of the charter schools and pro-charter advocacy  organizations in NYC and throughout the country.  

There are many reasons to challenge the closure of JHS 145 and other Renewal schools.  As early as December 2014, DOE promised to focus its class size reduction efforts according to the Contract for Excellence law on these schools, writing: “To better align with the Chancellor’s priorities, C4E’s class size reduction plan will now focus on the 94 schools in the School Renewal program.”  

DOE repeated that promise in the 2015-16 Contract for Excellence plan and again in the C4E plan for this school year, while closing several of these schools without reducing class size.  Indeed, there are still classes as large as 30 at JHS 145 as well as at about 40% of the Renewal elementary and middle schools, and nearly all the Renewal high schools.  

According to our analysis, about 40% of the elementary and middle schools and nearly one third of the high schools in the Renewal program did not decrease schoolwide average class size one iota between 2014-2016. Only two or 3.5% of the elementary and middle schools capped class sizes at 20 students per class in grades K-3 and 23 students or less in grades 4-8, the goals of the city’s original C4E plan. Only one of the Renewal high schools (Orchard Collegiate Academy) has capped class sizes at the C4E HS goal of 25 students per class.  

I believe that the refusal of the DOE to follow through on these promises will doom many of these schools to failure, as I said to the NY Post .  It is especially unconscionable given the high-needs student population at the schools on the Renewal list. 

According to Marilyn Espada, President of CEC 9, the JHS 145 student population is composed of 53 percent English Language Learners, 20 percent students with special needs, and 53 students in temporary housing. Yet there was no ESL Teacher last year, and only one ESL Teacher for 140 ELL students this year. There are no bilingual teachers for the 7th and 8th graders.

In addition, many of the extra services and resources the school was promised as part of the Renewal program never happened. The health clinic built for the school has yet to open, and instead of gaining more space,  17 or 18 classrooms were given over to a  Success Academy charter school one year into the Renewal process,  scattering students across 3 floors of a building,  and causing the school to lose its computer room.  There is no science lab, no textbooks last year, and nearly 14 percent of teachers were teaching subjects last year in which they were not trained or certified.

The lack of bilingual services is especially disappointing and appears to violate the NYSED consent decree signed by Chancellor Farina in November 2014.  Here is an excerpt from this consent decree:


NYSED followed up in 2015 with a Parent Bill of Rights, which, among other things, states that parents have the right to have their children “in a Bilingual Education (BE) program when there are 20 or more grade-level students that speak the same home/primary language.”  This statement was footnoted with the fact that in NYC schools, a bilingual program is required for students in grades K-8 if 15 or more grade-level students speak the same language in two contiguous grades. 

JHS 145 is not the only Renewal school deprived of funds and the necessary support.  Check out the NY Post story describing how another Renewal school, the Coalition School for Social Change. lacks certified teachers and copy paper, while the principal redecorated her office and pushed out struggling students:

The high school’s classrooms are starved for supplies and qualified teachers, with unlicensed interns leading one class and the kids in others left to learn from videos, sources said.

Meanwhile, the dean who dealt with discipline problems was replaced with a “business manager” described by staffers as a close friend of the school’s new principal, Geralda Valcin, who arrived in March 2016.

Rather than provide the necessary resources and class sizes to this and other Renewal schools,  the DOE has spent millions on more bureaucracy and consultants, , some  with questionable records and backgrounds.  

Here, for example, is the 2007 investigative report from the Special Investigator Richard Condon explaining why he recommended the firing of Frederick Douglass Academy principal Gregory Hodge, a recommendation ignored by DOE.  This was apparently the sixth investigation into Hodge’s activities– the fifth was in 2001 and concerned allegations that he had fixed the grades of basketball players at the school.  A former teacher described Hodge’s leadership style in a harrowing account in the Indypendent in 2010:

The worst part of working at FDA was the principal, whose management style was described by the district United Federation of Teachers representative as “abrasive.” In my experience, shouting was the norm, often peppered with derogatory words and phrases. Neither children nor teachers were spared the kind of verbal abuse one expects from a drill sergeant, not a school principal. But seeing most of my colleagues cowed or resigned to it, I rolled along, until he threatened me one day — saying, “teachers are gonna get their throats cut” — shortly after I and a couple other teachers had called the city and the state to complain about the lack of a certified special education teacher for the sixth grade.

Yet in 2015, Hodge was assigned as the “Leadership coach” at two Bronx Renewal schools.  For his services, DOE is paying $660 per day.  One of the two schools he was assigned to, the Young Scholars Academy, is now being merged with another school, the North Bronx School of Empowerment for failing to “show meaningful progress,” according to the DOE.


The annual cost of the program has risen to $186.5 million this school year, with total spending through the 2018-2019 year estimated at $754.2 million, according to the latest figures from the Independent Budget Office.  The Department of Education will not say where all the money goes. The Post has learned that $8.5 million is paid to 72 Office of Renewal Schools “directors” and “instructional coaches.” Since last school year, another $3.7 million went to “leadership coaches,” including many retired principals, each making $660 to $1,400 a day.

Given all the lack of resources and support at JHS 145– from overly large class sizes, lack of ESL and bilingual teachers, to missing science and computer rooms and even books, the students at the school have done surprisingly well, according to this account by three teachers:

Despite years of neglect, our students have won the Thurgood Marshall Junior Mock Trial Competition 8 times, more than any other school in the citywide tournament.

Our students have won the BronxWRITeS Poetry Slam more than any other school in the city, recently sharing the stage with Mayor De Blasio and Ambassador Caroline Kennedy in an exhibition at Goldman Sachs. 

Surely, the students at this school and other Renewal schools deserve a better chance to excel, by providing them with smaller classes, sufficient bilingual and ESL teachers, and all the other services and programs that all children need and deserve, but especially students with such disadvantaged backgrounds – instead of the DOE continuing to spend millions on an army of overpaid consultants and bureaucrats.

Friday, March 3, 2017

Huge problems with School Siting & Planning in NYC-- will they be addressed by the NYC Council Working Group?

On Tuesday, Feb. 28, the NYC Council held joint hearings of the Education and Finance Committees on the myriad problems with the city's dysfunctional process of school planning and siting.  Many parents, students and advocates pointed out how the capital plan is underfunded, the enrollment projections inaccurate, school siting too slow -- all resulting in the huge problem of school overcrowding which is getting worse not better -- despite numerous promises and claims of Mayor de Blasio and the DOE to the contrary.  Here is the Committee report.

Below is my testimony, Leonie Haimson of Class Size Matters, E. Harlem parent activist Marie Winfield, Shino Tanikawa, co-chair of the Blue Book Working group and Community Education Council District 2 Vice President, and Naila Rosario, President of CEC 15, and her son Andrew, who is in middle school.  You can see from from their words how the current system is broken.  It  subjects the majority of NYC public school students to substandard conditions and threatens to worsen overcrowding in the years ahead without significant reforms to the process.

For nearly two years, Class Size Matters along with the Public Advocate, many parent leaders and elected officials have advocated for a Commission to deal with these problems.  Instead, Speaker Melissa Mark-Viverito has decided that the City Council will form an internal working group to develop legislative proposals to improve the process before she leaves office in nine months.  Let's hope this working group engages sufficiently with stakeholders, and reaches out to planning experts, community members and parents to help them identify the underlying issues and develop meaningful solutions.


Resist privatization! presentation tomorrow in Westchester, Education Justice marches and great debate on charters


1.     Leonie Haimson will be speaking on the national and state push to privatize public education tomorrow Saturday, March 4, 2017 at the Westchester-East Putnam PTA Advocacy Breakfast. The event is free; just RSVP to magerbxv@gmail.com

What: Westchester-East Putnam PTA Advocacy Breakfast
Where: The Education House, 5 Homeside Lane, White Plains, NY
When: Saturday, March 4, 2017, begins at 8:30 AM; I will be speaking at about 10 AM.

2.       There is also a People March for Educational Justice happening tomorrow Saturday in NYC and throughout the state.   Governor Cuomo has proposed a terrible budget that essentially eliminates foundation aid after this year – which was created after the CFE lawsuit to make education funding more equitable and send more resources to high-needs districts. His budget would also significantly increase funding to charter schools and raise the charter cap in NYC, as well as make NYC pay more for charter school rent or force us to squeeze even more charter school students into our already overcrowded school buildings.

NYC already pays over $1.7 BILLION annually to charter schools, and over $40 million a year for their rent. To spend any more would be a supreme hardship and would drain even more funds from our public schools. Meanwhile, it was announced today that Success Academy charters is renting Radio City Music Hall for their annual test prep rally, and last year spent over $68 million for their new headquarters in Manhattan.

For more information on when and where to meet across the state to March for Educational Justice and against privatization, please check out http://www.aqeny.org/march/ In NYC, the march starts in front of Trump Hotel at Columbus Circle at 9:30 AM.

3. On Wednesday Leonie had the pleasure of attending an IQ2 debate on charter schools. Please check out the video here and below.  The debaters included Gary Miron, Professor in Evaluation, Measurement, and Research at Western Michigan University and Julian Vasquez Heilig, Sacramento State Professor and a founding Board Member, Network for Public Education vs. Jeanne Allen, CEO of The Center for Education Reform and Gerard Robinson, Resident Fellow, AEI & former Florida Commissioner of Education.

The proposition under debate was whether charter schools are overrated.  The audience members voted at the beginning and the end.  After the debate was over, 21% changed their mind to agree with the proposition compared to 9% changed their mind in the other direction, for a total of 54% to 40% who now believed charters were overrated. More on the debate here and here.  Please watch if you have the time to see if you will change your mind!


Tuesday, February 21, 2017

Save the date! City Council hearings on need to improve school siting and planning

A week from today, the City Council will hold hearings on the need to improve school planning and siting process.

When: Tues. Feb. 28, 2017 starting at 10 AM
Where: Council Chambers, City Hall
What: City Council joint hearings of the Education and Finance committees on the school siting and planning process
 
As we have long pointed out, the current process for school siting and planning in NYC is dysfunctional and unless it is significantly improved it will doom NYC students to even more overcrowding in the years to come.

DOE enrollment projections and estimates for the need for seats are badly flawed; the capital plan for school construction is hugely underfunded even by DOE’s own admission; and the school siting process is so protracted that there are overcrowded communities with schools that have been funded for over a decade without a single new school building being built.

Public Advocate Tish James, 22 Council Members, Class Size Matters and many parent leaders pointed out many of these problems in a letter we sent the Chancellor in June 2015 .

Last week, the City Council Speaker announced that the Council would form an internal working group to analyze the many problems with school siting and planning and come up with proposals to improve them. These hearings will kick-off the deliberations of this working group.

Please come on Tuesday to testify about the overcrowding problem at your school, its impact on the quality of education provided your children, and if you can, offer some ideas for how to reform the process. Public testimony starts at about 1 PM. If you can’t testify, here are other options:
  • Come in the morning at 10 AM to show your support; bring signs!
  • Email me at info@classsizematters.org or by responding to this message with your observations about the situation at your school and ideas to improve the process. Please send me your comments no later than Sunday Feb. 26 so I can incorporate them into my written testimony.
A document with more background on this issue is posted below  and as a powerpoint on my website here: http://bit.ly/2m4KvKB.

 Thanks, Leonie 



Monday, February 20, 2017

How NY & Other States Should Count Opt-Outs in the New School Accountability System

Below is a memo that Class Size Matters and NY State Allies for Public Education sent to Commissioner Elia and the NY Board of Regents last week, on what may seem like an arcane and technical subject but is actually critical to ensure that opt-out students aren't counted as failing in the new State Accountability system for schools under ESSA.

ESSA, or Every Student Succeeds Act , passed last year by Congress, was an attempt to move away from the overly-prescriptive No Child Left Behind law and the even more prescriptive NCLB waivers imposed by Arne Duncan.  Not only does ESSA authorize states to allow parents to opt their children out of exams with no fear of consequences, but it also specifically bars the Secretary of Education from telling a state how school participation rates must be factored into its accountability system, as the memo points out.


And yet then-Secretary John B. King and the accountability hawks managed to slip a poison pill into the law: that for the academic component of the system, at least 95% of all students in the testing grades must be included in the denominator -- whether they took the state exams or not.

This provision appears to be written with the goal of forcing schools to try to force parents to make their children take the tests - lest the schools be counted as failing.  Since many NY schools had opt-out rates of 20 percent or more, this would incorrectly identify many otherwise successful schools as low performing and thus in need of comprehensive improvement and support.

What we point out below is that though the denominator may be specified in the law, there is nothing that specifies the numerator.  Thus, we propose that instead of counting opt-out students as having failed the state exams for the purpose of rating the school, the state should insert into the numerator test scores that are average for other students at the school or for their subgroup.

If and when we receive a response from the Commissioner or the Board of Regents we will let you know.  Meanwhile, this memo could be useful for advocates and parents in other states who don't want their children's schools unfairly penalized on the basis of high opt-rates.


Sunday, February 19, 2017

Update on Lead - what's going on?



2/27/17 Update: see the WNYC story here and the comment from lead expert Dr. Morri Markowitz head of the lead prevention program at Montefiore Hospital, who convincingly argues against DOE's false assurances that there has never been a case of lead poisoning at a NYC school.  How would they know spoint out ince there is no systematic testing of children above the age of 2 in NYC? I also want to that while the NY law calls for testing of lead in school water every five years,  DC schools test every year, as will NJ schools from now on. That's what this Michigan bill proposed by their Governor requires, and this bill just introduced in Massachusetts.

Last Thursday night, I gave a presentation on the capital plan to District 6 CEC.  Since many of the   parents in the district at the meeting were  understandably concerned about the high levels of lead reported in the water of some of their schools -- including a finding of 6,620 parts per billion (ppb) and 493 ppb at the building shared by Muscota and Amistad, as well as elevated levels at P.S. 98, I.S. 52  and Washington Heights Academy -- I also provided an update on this critical issue.

As I pointed out in this DNAinfo article, DOE officials had dragged their feet ever since the lead scandal erupted in Flint Michigan, which drew attention to this issue for the first time in years.   In its first round of testing last year, DOE refused to follow the recommended protocol and instead flushed out the water from pipes first before gathering samples which tends to diminish lead levels. This discredited method was also used by the government officials in Flint to minimize the problem of lead and also violated recommended EPA guidelines

Initially,  DOE also refused to test the water in schools built after 1986-- even though most experts advised all schools should be tested.  As we saw in the case of Muscota, new school buildings sometimes have lead levels as high or higher than older buildings. In response to the city's insistence on flushing the water before testing it,  Dr. Marc Edwards, the Virginia Tech expert who brought national attention to the crisis in Flint said, The results should be thrown into the garbage, and the city should start over."

Then in June 2016, the NY legislature passed a new law requiring that water at all schools be tested with the “first draw”  to more accurately assess the lead levels that a child might be exposed to,  as recommended by experts and the EPA.

Though Governor Cuomo didn't sign the legislation until September, many districts started retesting the water over the summer in expectation that the law would take effect soon.  The NYS Department of Health released an memo in late August to school districts, informing them of the urgency of this issue;  and emergency regs were issued Sept. 6, letting them know that any outlets found to have water with lead at more than 15 parts per billion -- the "action level" -- would have to be shut off and the sources of lead identified and removed until lead fell below this limit.  The regulations also called for a deadline for retesting the water in all schools by October 31, 2016.  (You can check out the DOH documents here.)

Parents and others were supposed to be informed of the results within six weeks of testing, and also be told the plans to remediate the lead; districts were mandated to report all results to the state no later than November 11, 2016.

Yet even after law passed and the regulations issued, DOE refused to adopt the new protocols.  Inexplicably, NYC officials didn't begin retesting schools according to the mandated method until sometime this winter, according to a letter written by Deputy Chancellor Elizabeth Rose.  

The results? As of January 27, according to the NY State Department of Health, 96 percent of schools in state outside of NYC had finished retesting;  yet NYC had submitted results for less than one third of schools, and would not have complete results until sometime in mid-2017. So far, 9 percent of tested school faucets and fountains in NYC schools have been found to release water above the action level, according to the NY State Department of Health.  

But what has not yet been widely reported is that even earlier, in June 2016, the American Academy of Pediatrics came out with new guidelines that schools should limit the amount of lead in their water to no more than 1 part per billion, as opposed to the 15 parts per billion mandated in NY state law. Why? Because as AAP stated, ”There is no identified threshold or safe level of lead in blood…No Amount of Lead Exposure is Safe for Children. 

Indeed, research has shown that children with blood levels even less than 5 micrograms per deciliter suffer from lower IQ , worse test scores, and higher rates of inattention, impulsivity and hyperactivity.  

Here is a post I wrote earlier, with the research evidence that there is no safe threshold -- given that any detectable blood levels of lead in children are correlated with worst outcomes.  See the charts to the right,  from a study by researchers at Yale and Brown called "Lead Exposure and Racial Disparities in Test Scores," showing that preschool children with very low levels of lead are likely to have lower test scores in later grades in math and ELA.

Accordingly, DC schools have now adopted the AAP lower guidelines of 1 part per billion for water, and have retested and installed filters in outlets at schools, recreation centers and libraries.  

The lead levels of young children under six have been declining overall, according to the NYC Department of Health,  since the NYC Council passed a strict lead paint law in 2003 over Mayor Bloomberg's veto.  Yet  2 percent of NYC children are  still found to have blood levels at or above 5 mcg per deciliter.  And children's blood levels are rarely tested again after the age of 3.

All of which makes the comments of Oxiris Barbot, the first deputy commissioner of NYC Department of Health, as quoted in DNAinfo, frankly irresponsible:

Her message to kids: “Drink more water in schools,” because, "the more you run the water through the pipes, the more you're flushing out the stale water."
 
Really? This is the remediation method recommended by a health professional, given the new recommendations of the AAP?  When the building shared by Muscota and Amistad found one outlet with lead at 6,620 parts per billion (ppb) and another at 493 ppb?     And the school at Roosevelt Island, where a sink in the weight room was found to have water with 3,430 ppb?

As Dr. Marc Edwards has said, "Frankly, a onetime exposure to even 100 parts per billion is a concern,” given the research findings on the devastating impact of even low levels of lead."  The city needs to be far more honest with parents and more scrupulous in addressing this problem than it has been in the past. 


See the NY Dept of Health report  to the Governor and the Legislature, Lead in School Drinking Water, dated Jan. 27, 2017; and the NY DOH school water data reporting pages and maps, as of today without any NYC data. Also check out this just-released report from  the Environment America Research and Policy Center, Get the Lead Out: Ensuring Safe Drinking Water for Our Children at School, February 2017.