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City skipped mandatory public hearings on spending plan

The last months’ governance craziness overshadowed what had become a summer ritual: The process by which the city proposes how it wants to spend state Contracts for Excellence dollars, and the public gets to respond with its thoughts at formal hearings.

The hearings happen because Contracts for Excellence dollars are only doled out to districts that prove they will spend the money in certain kinds of programs pre-approved by state school officials.

But this summer, the New York City Department of Education skipped over the mandated date for hearings, which are supposed to occur in all five boroughs, without holding them. A public comment period will be postponed until the fall, but New York state plans to send the city the funds anyway, before that happens.

“Funds that are continuing last year’s Contract can be used,” a state education spokesman, Jonathan Burman wrote in an email. The “commissioner’s approval is required before funds allocated to new purposes can be used.” The state’s grim financial picture has meant that the city won’t receive any more Contracts dollars than it did last year.

An official at the Campaign for Fiscal Equity, whose lawsuit alleging that the city schools are historically under-funded by the state led to the creation of the Contracts for Excellence fund, said that the state’s logic makes little sense given the tough fiscal climate.

“Because there’s no new money this year, the critical importance of this year’s hearings is to ensure that the money continues to be invested with the neediest schools and students,” Geri Palast, the executive director of the campaign, said. “And to ensure that the money continues to be spent in the 6 strategic areas so we can continue to demonstrate that the money does makes a difference in students’ performance.”

Burman said the state had yet to settle on a schedule for the city’s public hearings. Asked why the hearings had been delayed, he responded, “Why don’t you ask NYC?”

According to a spokeswoman for the city’s Department of Education, Ann Forte, the hearings were detained by “uncertainty” about what this year’s education budget would look like.

“Last spring, there was much uncertainty about what school budgets would look like for the 2009-2010 school year,” Forte wrote in an email. “At that time, federal stimulus dollars were still being allocated to schools. We are now working with the State to finalize a new Contracts for Excellence timeline.”

Burman said that the state had not yet approved Syracuse and Rochester’s contracts. City officials in these cities did not return calls for comment.

Amber Dixon, the director for evaluation, accountability, and project initiatives for the Buffalo school district, said Buffalo had held the hearings on schedule. “Buffalo was never asked to postpone anything about the Contract for Excellence. We submitted it on time, we held our hearings on time, and we approved it,” she said, adding, “Our budget is nothing compared to the New York City budget.”

“This is just another of the DOE’s evident lack of interest in complying with state law,” Leonie Haimson, the executive director of Class Size Matters, a New York City nonprofit, said. “They just don’t care and it’s time that the state calls them on it,” she said.

Correction: An earlier version of this post stated that the state had allowed the city to skip the hearings process. The hearings have only been delayed. Burman also clarified that while the state has not yet approved Syracuse and Rochester’s contracts, that process has not been delayed.

  • http://www.classsizematters.org Leonie Haimson

    By state law, public hearings are required in all NYC boroughs before the state releases these funds. Nice to know that State Ed doesn’t give a damn about complying with state law – any more than the DOE.
    Here is an excerpt from the state law:

    A district’s contract for excellence for the academic year two
    thousand eight–two thousand nine and thereafter, shall be developed
    through a public process, in consultation with parents or persons in
    parental relation, teachers, administrators, and any distinguished
    educator appointed pursuant to section two hundred eleven-c of this
    chapter.

    9 b. Such process shall include at least one public hearing. In a city
    10 school district in a city of one million or more inhabitants, a public
    11 hearing shall be held within each county of such city. A transcript of
    12 the testimony presented at such public hearings shall be included when
    13 the contract for excellence is submitted to the commissioner, for review
    14 when making a determination pursuant to subdivision five of this
    15 section.

    And the SED spokesperson is lying when it says that Rochester and Syracuse also delayed hearings.

    Both districts complied with the state requirements, by holding hearings before July 15.
    Here are the minutes for the Rochester hearings held on June 24.
    http://www.rcsdk12.org/c4e/062409C4EMinutes.pdf

    Syracuse held their hearings on June 30 – here is the news report. http://www.syracuse.com/news/index.ssf/2008/06/syracuse_district_plans_to_add.html

    All you need to do is Google this.

  • Pogue

    Okay, so first they carry on mayoral control public hearings where the fix was already in on defeating it, or, making more democratic changes to it, thus, they were hearings that were falling on pre-deafened ears. Now, the city is simply allowed to skip hearings, altogether? Wow, we really are in the NYC dark ages of democracy.

  • canwetalk

    The C4E was agreed upon so that schools can meet the 5 criteria. Class size reduction is one of the criteria. Schools are still overcrowded and class size reduction is an ongoing issue that is constantly ignored. If schools were to reduce class size across the board, imagine all the various “new programs” that can be created. It is so disheartening to know that once again the state rather listen to the mayor yell to the governor to have the state troopers bring the senate back to session to vote on mayoral control, but it has a deaf ear to any public hearings on education so that parents and teachers can voice the issue on how to use the C4E allocation. Why do I feel that there’s more democracy in China than in NYS? When did the state become so fearful of the mayor and his uberagenda on education? Vote for Bloomberg and suffer the unimaginable wrath of his billionairerism!!

  • http://www.classsizematters.org Leonie Haimson

    Because my comment from yesterday is still awaiting moderation, I will repost without the links.

    By state law, public hearings are required in all NYC boroughs — as well as public meetings of all the CECs — before the state releases these funds.

    Nice to know that State Ed doesn’t give a damn about complying with state law – any more than the DOE does.

    Here is the relevant excerpt from the state law:

    A district’s contract for excellence for the academic year two
    thousand eight–two thousand nine and thereafter, shall be developed
    through a public process, in consultation with parents or persons in
    parental relation, teachers, administrators, and any distinguished
    educator appointed pursuant to section two hundred eleven-c of this
    chapter.
    …. In a city school district in a city of one million or more inhabitants, a public
    11 hearing shall be held within each county of such city. A transcript of
    12 the testimony presented at such public hearings shall be included when
    13 the contract for excellence is submitted to the commissioner, for review
    14 when making a determination pursuant to subdivision five of this
    15 section.

    And the SED spokesperson is lying when it says that Rochester and Syracuse also delayed hearings.

    Both these districts complied with the state requirements, by holding public hearings before July 1, which was the deadline . Online are the minutes for the Rochester hearings held on June 24, as well as a news article reporting on the hearings that Syracuse held on June 30..

    All you need to do is Google this. The SED spokesperson lied — in order to get NYC off the hook.

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