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Teachers union sues city to put 19 school closures on pause

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The city’s teachers union and the NAACP filed suit against the Department of Education today, claiming that the city lost the right to close 19 schools when it violated the law that governs school closures.

Those who have read the law — or the “carefully crafted multi-tiered public process,” as the lawsuit states —can testify that it is not a simple one to follow.

Part of the mayoral control legislation that barely made it through the state legislature last summer calls for the city to hold hearings at each of the public schools slated for closure, for “stakeholders” to be consulted, and for the city to study and report on the effects closing schools would have on their surrounding communities. All of this had to be completed a certain number of days before the citywide schoolboard, the Panel for Educational Policy, voted on the closings.

The United Federation of Teachers is charging the city with putting up only “a pretense of compliance” with those procedures. The department’s Educational Impact Statements were “boilerplate,” Mulgrew said. Their notices of public hearings were published too late and the views of Community Education Councils, which function as local school boards with limited power, were ignored, the lawsuit alleges.

“I don’t know any other way to get the attention of the DOE,” said Manhattan Borough President Scott Stringer, who joined the UFT’s lawsuit. Stringer said he doesn’t oppose closing failing schools on principle, but believes the city has violated the law.

Absent from the news conference at the UFT’s headquarters in Lower Manhattan today was Democratic State Senator Daniel Squadron, who sponsored the law along with Republican State Senator Frank Padavan. In October, Squadron told a small gathering of residents from his district who objected to the law that he felt personally responsible for ensuring that the city followed the protocol it laid out.

DOE officials expected the UFT to sue, but appear particularly irritated by the NAACP’s decision to join as a plaintiff.

“Either you’re for fixing schools that have failed poor and overwhelmingly minority students for far too long, or you’re not. I know what side we’re on,” said Deputy Mayor for Education Dennis Walcott in a statement.

Other plaintiffs in the lawsuit include: the Alliance for Quality Education, Marty Markowitz, Bill Perkins, Eric Adams, Martin Dilan, Hakeem Jeffries, Robert Jackson, Charles Barron, Mark Weprin, Al Vann, Daniel Dromm, and Lewis Fidler.

Squadron did not return a request for comment.

  • http://nyceducator.com NYC Educator

    I didn’t realize this administration was required to follow laws. Didn’t we grant mayoral control specifically so we could avoid all such procedural nonsense?

  • Invictus

    Although I have always thought that the DOE and the people who work for the Mayor in all school initiatives “feigned” ignorance about the true impact and cost of their so called educational improvement. Their exterior/visible irritation that the NAACP joining suit along with the lazy UFT clearly has fluttered their wings.

    Their message to the public that the Union and those lazy, ignorant teachers who are incompetent and obstructionist to the Mayor’s urban education renewal drive, are isolated anymore. Now that the NAACP is involved, it is a question of Civil Rights. It gets as ugly as it can be.

    and to Deputy Mayor Walcott’s question:

    “Either you’re for fixing schools that have failed poor and overwhelmingly minority students for far too long, or you’re not. I know what side we’re on,”

    I wonder who allowed some of these schools fester with questionable leadership and without support that was given to small schools for “far too long.” Hypocrites.

  • I noticed that…

    You go Michael! Show BloomKlein that they cannot skirt the laws even if the mayor has control of the schools. The law is the law!

    Let me get this straight. Tweed decided to close schools that have a very large population of Blacks and Hispanics, who’s social economic status entitles them to Title I funding, but they are irritated because the NAACP got involved.

    Excuse me, didn’t Klein state that the closing of schools is a civil-rights movement for minorities. Well, if you move minorities unfairly out of their rightful domain of learning, then it’s only right that the NAACP get involved.

    Klein cannot continue to tell our most vulnerable students to go to the back of the schools bus!

  • Peter S.

    Prior to today, did the UFT and/or NAACP file suit(s) against the DOE for these schools’ failure to educate their students?

  • http://www.sinksalive.blogspot.com KitchenSink

    Um, I noticed that…, schools that are failing kids left and right ARE the back of the bus.

    Look around. The front of the bus is in Scarsdale, Brooklyn Heights and District 2.

    Talk about rearranging deck chairs on the Titanic. This is a colossal waste of public resources to prove a point. Certainly the administration should be following laws. But more importantly, community leaders of all perspectives should be focusing on quality. Clean your own house, Mulgrew, and make sure your members are doing their jobs!

  • David Whitmore

    Do these people really think they can stop Bloomberg. The man got the rule change and then used his substantial wealth to buy the election. Getting a favorable decision in this suit is just a matter of buying the right person. You just cant fight City Hall, certainly not Michael Bloomberg’s City Hall.

  • I noticed that…

    kitchen sink,

    The Bloomberg regime is failing all the students. The mayor does not want to take responsibilities for all his failed attempts to provide the necessary resources that will help all students. But, I’m not sure why you mentioned Scarsdale since it’s out of the purview of the mayor’s control of schools. What I see is an injustice that has taken hold of many public schools by these save-the-children-of-nyc charter schools. But, I am angry that the 19 school closings are in neighborhoods where there’s a large concentration of minorities. Instead of you being outraged by the mayor’s decision, you attack the teachers.

    As a principal, you should know that the majority of the teaching staff are dedicated, hard-working, caring people who only want the best for their students and if there’s one incompetent teacher in the group, the rest should not be blamed.

    Case in point, I know of principals that are not doing their jobs either, then Ernest Logan, CSA President, do your job. You have Dr. Murphy who belittled parents and teachers. You have the principal who, just recently, asked a male student for a sexual favor and was sexting the student constantly. Then there’s the retired principal, who has been removed so many times from her post in District 12, but managed to be returned to her position because of political ties – Ms. Evelyn Hey.

    I do have a long list of names.

    So don’t bash the teachers until your own colleagues stop throwing stones while living in a glass house.

    Our fight should be to protect the students from having to be displaced because the mayor is determined to make the charter school hedge fund managers richer.

  • Pogue

    Finally, a true battle…hopefully.  Always remember…anyone pushing the “schools are failing” agenda are really saying Bloomberg and Klein are failing.  The problem is, he had the money to smokescreen the media, voters, and the general public.  Eight years and all he and Klein could come with was closing schools…Brilliant!  Money may buy you elections, but it doesn’t buy you intelligent and creative problem-solving skills.

  • http://www.sinksalive.blogspot.com KitchenSink

    I noticed…,

    Agreed: most teachers are dedicated, hard working, caring people who only want the best for their students.

    Also agreed (I think you are saying this): a HUGE share of the blame for the sinking ship that is this system lies with principals. Some are incompetent, some are immoral, some are just plain abusive. I’ve experienced all of the above as a teacher and I still see it today.

    Unfortunately, no one’s got easy answers. I just don’t understand why people think they are fighting for important rights when they are trying to keep a failing school open. If the school deserved to stay open on its merits, there would be support from more circles for this idea.

  • Invictus

    KS, I think people are trying to keep these “failing schools” open because they are fighting the concept of what failure means. I have seen many of these once glorious schools being thrown the burden of more and more challenging students, while remaining with questionable leadership and being told my those above that, the school is responsible of dealing with them, while they kept the flood gates open.

    If there was impartiality in the reasoning why certain schools went down so low in their achievement rates, perhaps many would have understood and had been less vitriolic in their protest. Nevertheless, for many people in the battle fields, they clearly saw their commander simply doing the party talk, without providing the tools necessary to conduct operations.

    The commanders who have had good times behind the trenches, faraway from the frontlines, be promoted while they have failed to conduct a proper campaign, and have distributed nothing of use to the campaign?

    Let me point at the type of “help” that the DOE provides schools that are facing with a massive influx of students from other closing schools. They are given shallow, “workshops” and I have seen many workshops that are just that, talk, no substance, something really simply slapped together. And when it came to taming a massive crime wave/incidents that occur at a site due to an influx of student provoked by the DOE, they punish the schools that are honest by labeling them persistently dangerous and thus discourage/encourage principals to unde report incidents, this at the expense of the security of students and staff.

    After this charade has been on going for years, they change their metrics and what little function is left in the building they unceremoniously declare, “phase out.”

    This would be equal to sacrificing what is left of a platoon after years of neglect and starvation and they being put in a propaganda poster for done such a “terrible job” after showing the skeptical public at large how the platoon needs to be taken out of its misery for its prolonged failure at dealing with the enemy, showing hollow evidence of “how much” was done for them. Sure, “much was done for them and to them.”

    I think this is the last fighting chance that comes out from these people who have been abused for such a long time, and I mean these people being the students and the staff at these schools. It is much like the last strength that comes out when you know they are trying to eliminate you.

    Perhaps you should consider whether what the DOE has been pandering in the media for more than 8 years is for real.

    Sure, high graduation rates, just to have the same students spend years of their lives in remedial classes in a City College? Is that the success that the DOE is claiming for their new schools and using to phase out “failing schools”?

  • Michael M.

    KS,

    Riddle me this:
    What’s the difference between “closing” a “failing” school, only to reopen it with a different principal and staff….. and keeping the school open, while changing out the principal and letting the principal change staff as he or she sees fit?

    I mean OTHER than scattering the student body of said failing school all over town. Oh wait…

    Under EdSec Duncan in his prior life, Chicago tried the “close em” strategy. They changed course when it became clear the harm being done to students during the transitions. Now, they FIX EM.

    Maybe we should do similar.

  • Bronx Teacher

    Seems yet again Mulgrew being reactive not proactive.

    http://southbronxschool.blogspot.com/2010/02/mulgrew-grew-set.html

  • Jim Devor

    That Daniel Squadron is missing in action is even more curious given that his spirited defense of the Silver-Padavan bill (and its purported “big improvement” in giving parents a meaningful voice) is extensively quoted in the UFT’s Memorandum of Law.  Having fully abandoned the “parent training” portion of his own bill last summer, has he now disavowed that portion of his bill which actually PASSED?  Inquiring minds want to know!
      

  • http://www.classsizematters.org leonie haimson

    the story mentions plaintiffs that are not on the legal papers — ie Markowitz for example. Was he a plaintiff or not?

  • Michael M.

    For clarification and given I comment here under my own name, I believe Leonie Haimson is referring to Brooklyn BP Marty Markowitz (no relation).

    But that’s not the only reason for this comment. Please note that just last May 2009, CECD2 sued DOE over a number of other tangentially related items — not school closings but a good number of other CEC-circumvention topics. That lawsuit was withdrawn circa September 2009.

    http (colon) //www (dot) cecd2 (dot) net/www/cecd2/site/hosting/Law%20Suit (dot) pdf

    (For the record and in light of Leonie’s comment, I was not named as an individual petitioner-plaintiff in that lawsuit, though I was then 1st VP and still am a Councilmember of CECD2.)

    – Michael D. Markowitz

  • http://www.classsizematters.org leonie haimson

    Just heard from the Brooklyn BP office that the BP Markowitz did indeed join as a plaintiff to the lawsuit.

  • richard mangone

    I find it quite telling that neither the DOE or the Mayor’s office refer to this lawsuit as ” without merit” which is their usual response.

  • Mary Porter

    Here is the central deceit which must be brought out in every argument with the “free-market reformers”, as the New Yorker recently called the privatizers.

    “Either you’re for fixing schools that have failed poor and overwhelmingly minority students for far too long, or you’re not. I know what side we’re on,” said Deputy Mayor for Education Dennis Walcott in a statement. The side they are on is dedicated to the bizarre project of wrecking the public school of the nation, and subcontracting it to private contractors. No nation on earth has ever committed such an atrocity against its own children. These free marketers are the exact same arrogant persons who just wrecked our economy by capturing the regulatory processes and government agencies, and bribing or threatening cowardly politicians and editors.

  • http://www.sinksalive.blogspot.com KitchenSink

    No nation on earth? Mary, even at Columbus high school you could get a better history lesson than that. Tyranny leads to revolution. Unfortunately for the anti-closure crowd, it appears that there are too many regular people on the other side of the argument, who see the merit in closing these schools down, for such a revolution to occur.

    Check the failure of the principals and teachers who worked in these schools and the corrupt community school board members for decades if you want to see atrocities. Klein and Bloomberg are trying to clean up the mess.

  • Michael Fiorillo

    KS,

    Klein and Bloomberg have had total control of the school system for the better part of a decade: why no mention of their responsibility in the “failings” of these schools? Or is accountability only for teachers and low-level administrators?

    Despite their rhetoric of reform and of being the “outsiders”, they in fact are the incumbents and stewards of the crises in the schools. In fact, many of the crises – school closings, multiple reorganizations, funding changes – have been consciously instigated by them as a tactic in their smash-and-grab assault.

    In the self-congratulatory terminology of neo-liberal economics, it’s “creative destruction.” Those having to withstand it in the schools see it for what it is: greed and social vandalism.

    Also, you speak of the “regular people…who see the merit of closing these schools down.” Who are these “regular” people? At the PEP school closing meeting – a sham of democratic procedure, but probably the most representative in terms of public attendance – there was virtually no public support for them. Apart from the editorial boards, loyal conduits for ed deform propaganda that they are, and with charter operators and their proxies in the DOE no doubt operating in the wings, who has been insisting that these schools be closed?

  • Jim Devor

    For the record, I was notified last week by one of his staffers, that Senator Squadron (after complaining that he had not originally been asked) has determined NOT to join the suit. His reasoning (admittedly transmitted orally to me by a third party) was beyond my poor powers of comprehension.

  • mindy

    I worked at a failing school and I can testify that the leadership at these school’s sucks. I feel sorry for these kids (victims). I mean not being conscienciable about creating a “culture” of dropouts and creating prolonged highschool graduation structure is evil. Any one who supports this structure needs to seriously examine themselves. These leaders like any other businesses only care about their paychecks and their safety, not your kids saftey. They don’t know how to apply or fail to apply rules that were put in effect to ensure successes of a school. They only check and give DOE officials checks on graduation rates on those students that have graduated. They don’t show or do not show about kids who are at the mark or who are on the mark and will be graduating accordingly because they do not know how to apply this business math. This should show how much they care and look after your children. How many times have you seen “absenteeism” as an excuse! This should not be tolerable.

  • Joey

    Imagine working in an English Department where your AP can neither read nor write. Imagine the inequity when finding out that one person has his/her office key–his/her jackass, whipping boy (the only one he/she delegates power to). Imagine his/her reaction when he/she discovers that we are on a failing list–having to run into a cave to do more research before he/she can face us and tell us that we’ve failed our students. Imagine what it’s like to discover that our leader forgot to collect books from his/her students. Imagine the sheer incompetence. And it’s not over yet! Now our school is doing great! Suddenly, our stats have soared. What a sham. You’ve been hoodwinked. ;) P

  • Christine Rowland

    Mindy – I have worked in one of these schools since 2002. The leadership at my school works with the faculty to help students with major educational needs to graduate from high school and to be prepared for post-secondary education. We work with every one of our students, whether they just arrived from Yemen as an 11th grade student with no English, or arrive from the 8th grade with 2nd or 3rd grade math and English skills and issues around learning that designate about 25% of our students as requiring special education services – the majority being ‘high-need’. For the class of 2009, only 12 of the 454 students arrived on grade level in English and math. Add to this that we took in 359 students during the school year.

    We’ve put structures in place to try to make sure that all children receive attention and care – teams of teachers who look at their academic challenges and social ones, working together to find ways to help them succeed.

    In addition to educational challenges our students frequently face daunting social situations from poverty and homelessness, related health issues, frequently moving and the foster care system. We have never, to my memory, used absenteeism as an excuse. We do believe that the challenges our students face and the way that they arrive should be considered with our graduation rate. Since only 2.6% of the class arrived on grade level in reading and math, we think that this should be considered when our school is evaluated.

    Success in such a school does require a strong understanding of data and systemic practices – but these cannot succeed without a lot of heart, passion and understanding. These are qualities that so many faculty members in these schools possess – a commitment to those students who face the greatest challenges. This is why so many of us have struggled so hard to keep our schools open – its the knowledge that our schools go to great lengths to serve the very high percentages of students most schools would be afraid to take for fear of not meeting their educational targets.

    There is currently no accountability system in place that fairly addresses the profound challenges we face. We believe that the DoE has no plan for future students such as ours – no school is waiting with open arms. We should be supported in providing even better services than we do at present since this is a population to which we have committed ourselves. I hope that the law suit succeeds in stopping the process and in forcing a genuine examination and dialogue around our outcomes in terms of the students we work with and the systemic practices that have lead to such a high degrees of need existing in our school and other schools in the same predicament.

  • John Hancock

    Mindy,

    You worked at A FAILING SCHOOL yet you generalize for MANY. ” I worked at a failing school and I can testify that the leadership at these school’s sucks” What did you do to try and change the situation? Is the place you work now any better? I give props to all teachers just for trying to make a difference. I find many posters are outsiders just looking in. Christine’s view and experience is much more concrete and leads me to believe more sincere in her experience and approach. If I were to use your comments (grammar and syntax alone Mindy) as a measure of your own success I would say, look in the mirror and tell me what you see?

  • Don
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  • Mujahid Aleem

    Christine Rowland, I thank you. Yours is one of the most cogent and brilliant commentaries on this whole malaise. Having worked in public/charter schools for nearly 40 years, I can say that name-calling and political jockeying is clearly not going to offer much of a solution. I like especially your closing statement: … the law suit succeeds in stopping the process and in forcing a genuine examination and dialogue around our outcomes in terms of the students we work with and the systemic practices that have lead to such a high degrees of need existing in our school and other schools in the same predicament.”

    I worked in a school that began with the same low-performing demographics yet produced 98% of it graduates going to college. This was not without scouring the data daily with a great deal of passion, long-hours and commitment. Those (DoE, etc.) who theoretically understand the process need to offer us more than “school closings”. What is the next step, who and what needs changing, what factors are to be considered or not. This problem has not and cannot be viewed devoid of the social-emotional, psychological, economic backdrop from whence the students come. It is not an easy fix needing both compassionate and creatively-smart leadership. I would also note that to disengage the years of neglect due to historical-socio-economic disparity is a forecast for failure. Although we did not dwell on it, most of our students had to be convinced that they could “succeed” having seen very little success of a real nature in their life time. This took a tranformation on the part of our staff as well as the students. Let us not be deceived people, we can change the American educational landscape. However, we need the dedication and commitment of a global community the likes of a Marshall plan willing to put mind, body and spirit on the line. This is the new frontieir and nothing short of such an effort will bring comprehensive change.

  • http://aol Upset by all the Hoopla

    Why does everything have to be about race with the NAACP and the community. I wonder if it was a school in the white community which I have seen closed before for failing marks if they would get involved, I can tell you that they would not. They have a United Black College fund
    set up, yet if there was a United White College fund they would yell discrimination. I had a white friend that tried to get funding to go to college from the black college fund only to be told that she was not the right color. I am sick to death of all the racism that goes on in this country. If there is a black college fund or a black entertainment network or a magazine or whatever the case for black people then white people should be able to enjoy the same things.

  • Akademos

    Unfortunately, indirect (and perhaps anadvertent or systemic) racism IS involved when race is highly correlated with economics and social strata and those in power take advantage of the disadvantaged and unempowered in order to further their own agendas, which then often comound those disadvantages and dearths of empowerment.

  • Akademos

    inadvertent

  • Akademos

    Rewrite: Unfortunately, indirect (and perhaps inadvertent or systemic) racism IS involved when race is highly correlated to economics and social strata (which it often is in areas where immigrant populations are concentrated, or where urban blight persists) and those in power take advantage of the disadvantaged and unempowered in order to further their own agendas, which then often compound those disadvantages and dearths of empowerment.

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