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Court overturns closures of 19 city schools, city will appeal

A school board vote to close 19 city schools is “null and void,” according to a decision handed down by a state Supreme Court justice today.

The bombshell decision leaves the fate of all 19 schools and their staffs up in the air and could force the Department of Education to rewrite arguments for why they deserve to be shut down. The ruling is the first time a court has interpreted the new mayoral control law Albany put in place last summer.

A lawyer for the city, Michael Cardozo, said the Department of Education would appeal the decision.

“We are disappointed by today’s ruling, which, unless it is reversed, requires the Department of Education to keep open schools that are failing our children,” Cardozo said.

In February, the teachers union sued the city, arguing that the DOE had violated the law that governs school closures.

The city received the decision at 12:30 this afternoon, two days after the deadline for high school students to be told which schools they’ll attend in the fall. In her ruling, Judge Joan Lobis wrote that her decision should not affect the 80,000 students who did not apply to the closing schools.

She acknowledged that the decision would be an “inconvenience for respondents and hardships for students who are awaiting the results of the school matching process.” In total, there are 8,500 students who applied to the closing schools.

But she wrote, “the court cannot overlook what it reluctantly concludes are significant violations of the Education Law by respondents.”

DOE officials said students who didn’t apply to the 19 closing schools would get their high school matches “as soon as possible.”

If the court’s decision is upheld, Department of Education officials could be looking at another month of bruising public hearings at each of the schools slated for closure. In another possible scenario, the department could decide that it’s too late in the year to redo the process and decide to postpone the closures until next year.

In a statement sent to reporters, Cardozo disputed the judge’s ruling that the city had not followed public notification and hearing regulations, but did not argue with the claim that the city’s impact statements lacked necessary information.

A spokesman for the DOE said department lawyers are reviewing the decision and did not have an initial comment.

Affected schools:

New Day Academy
Christopher Columbus High School
Paul Robeson High School
W.H. Maxwell Career and Technical Education High School
Academy of Environmental Science
Jamaica High School
School for Community Research and Learning

Beach Channel High School
Metropolitan Corporate Academy
Choir Academy of Harlem’s high school grades
Norman Thomas High School
Global Enterprise High School
School of Business, Computer Applications and Entrepreneurship

Monroe Academy for Business/Law
Frederick Douglas Academy III’s middle school grades
KAPPA II
P.S. 332
Middle School for Academic and Social Excellence
Academy of Collaborative Education

Mulgrew v._Board of Ed.

  • QueensParent

    Aren’t you going a bit too far by saying this decision is a bombshell? I mean the Supreme Court is the lowest court in New York State. I’m sure that this will be appealed, so forth and so on, etc. I have a nephew who is waiting for a match and he did not apply to any of the 19 so-called “failing” schools, so I think that is what most parents care about.

  • David

    It’s definitely a bombshell when the courts are saying the DOE broke the law on school closings procedure. It’s not something arcane or difficult to understand; they’re saying DOE didn’t even follow the basic guidelines on how to close schools. Pretty wild.

  • Jeff S

    It’s too bad that it had to come too late to save some of the other schools this arrogant, incompetent, non educator closed thus depriving thousands of students of all the good things that going to high school is supposed to be about. What about the band classes (when I went to High School, that’s where I learned to play an instrument), what about the AP classes (small schools do not produce the numbers needed to run a viable class), what about the lack of true subject area specialists to properly supervise teachers in that subject area. Even if some of Klein’s new Principals, many of whom are inexperienced and shouldn’t be Principals in the first place, are excellent in one subject area, please pray tell explain to me how a Principal well versed in social studies can properly supervise a math class and know whather the math being taught is correct? I spent many years as a math Assistant Principal in a large high school and wouldn’t have the slightest idea of how properly to observe say an English class in literature? I could tell if the math being taught was correct. Teachers thus are deprived of the properr supervision and the ability to have proper staff development in their own subject area. Of course if Klein were an educator, he might have understood this. And of course when schools can choose their students and exclude the small number of trouble makers, all that happens is these trouble makers go to other schools bringing them down and re-cycling the whole sense of “failure” that this know nothing Chancellor claims are failing kids. The only ones failing kids are the incompetent, uncertified lawyer masquerading as an educator and his boss who knows little about education either. This is a victory for the kids and perhaps the start of putting these incompetents in their place.

  • Pingback: We Win! NY State Supreme Court overturns school closures « JD2718

  • CWT

    As an educator, I am tempted to correct the grammar in posts I see on this site, especially from those claiming to be administrators who are allowed to evaluate English lessons… is that bad?

  • Bklyn Parent

    …..This is bitter sweet.. of course the children will suffer..the current students now live with the stigma of attending a failing school how can this be good?… As for Tweed officials..good for them!!.. .. their reapted rouge behavior and arrogance when making decisions that affect minority families must be halted. They sit at their desks and collect their top heavy six figure salaries marching like little mice to flute of”fill in the blank” …I wish investigative reporters did their job and exposed the truth behind the wasted tax dollars in that building. You have an abundance of “officials” with insane titles such as Exc Dir of this and that….COO and Deputy COO of this and that..CNAN SOMEONE CHECK THEIR CREDENTIALS!!!!!!

  • tp

    as I mentioned in another thread, I spoke to a woman in Liz Sciabarra’s office, who said that the schools would “probably” have instructions to tell the kids about the decision before they leave today, and that the letters may be mailed home instead of distributed at the schools.

  • Pingback: Insideschools.org » Judge rules school closures were illegal; high school letters will be mailed

  • B. Schmitt

    Standard DOE public middle and high schools can choose who they accept and who they don’t. Charter public schools pick their students by lottery. Charter schools take all of those children who weren’t accepted by other schools and educates them. Unlike failing schools.

  • B. Schmitt

    This city’s teacher’s union is ruining the education our children get. Many teachers don’t like it. Big money, corrupt and despicable. Someone should start another teacher’s union and a student’s advocacy group, because the students are on the lowest rung of the ladder of priorities within the entire system.

  • anony

    not a single student stood up at any hearing, meeting, or rally and proclaimed that they attended a failing or failed school. not a single student stood up and shared a story about how their school failed them. they stood up and proclaimed that they loved school, that they wanted their siblings and friends to have the opportunity to attend the same school, and that contrary to numbers on paper or to popular opinion their school was serving them well. they told stories about *other* schools – including private and more “reputable” schools that had shunned them or failed to teach them. they told stories about moving to this country with little to no academic history. they told stories about teachers who took them under their wing and helped them.

    students who attend these schools will have the opportunity to tell those same stories. they won’t have to live with the stigma of attending these schools — unless people believe the DOE and “school reputation” and subsequently judge the student based only on the name of the school they attend. Look at the students who are succeeding – and there are many who are succeeding in these schools. they’re people – not statistics. they’re not stigmatized – they’re proud of what they’re achieving.

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

    Hurrah, hurray! Let’s hope this stops them dead in their tracks.

  • Mitch

    There’s a Social Studies lesson here…thank God for checks and balances!

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

    I thought KAPPA II was one of the schools that was erroneously included on one of the closure lists? Remember that story about the schools being named but that weren’t actually slated for closure?

  • Tim

    I’m scared and confused; somebody please hold me.

  • Ken

    Hey Anna,

    Is it clear whether or not a revised EIS would require a new six-month period which would require waiting another school year?

  • Pogue

    Wow, this is great.  First a stop to the lawless closing of neighborhood schools, then a beautiful Daily News article by Juan Gonzalez on the city’s waste of millions of money in high priced “consultants” while threatening big layoffs of teachers and other municipal workers.

    And don’t forget, B.Schmitt a fight against greed and corruption now is a fight for our children’s future.

  • Michael M.

    There once was a judge named Joan Lobis,
    On an EIS asked if the scope is,
    Too short to say “nay,”
    As to “go” or “yes stay,”
    Said the judge, “This here paperwork’s BOGUS!”

  • Invictus

    No need to rain down on the party here but these education technocrats will try different, perhaps more airtight ways of getting the real estate that they want. It is not a question of closing a failing venture to make a more successful one, it is a question of shuffling things around in order to provide venues and jobs for their brand new people, ahem, principals.

  • Pingback: NYC school closings blocked – decision summary – first coverage « JD2718

  • Miss Teacher

    I am a parent of an 8th grader and a teacher. I am thrilled by our initial victory. I attended a few of the rallies in support of the schools slated for closure and the big PEP rally on January 26th. I stayed for the hearings much longer than I planned to because the energy in the room was electric. Parents, students, teachers and community members came up to the mic and poured their hearts. They spoke of teachers staying late to help them; of overcoming extreme hardships; of caring and commitment for their community schools. One young mother who attends one of the schools stated to close shared how she is not in a failing school and that the only reason she is succeeding is because of the very school that is targeted for closure. The whole process was a sham as the PEP puppets sat there through hour after hour of heart-wrenching testimony on the merits of these schools and on how they do serve the communities in which they are located. The control of our public schools by a dispassionate non-educator, businessperson is a sham. The data is skewed. Look at the 5 and 6 year grad rates that some of our students need. I spend five days a week teaching and giving my support and care to needy, at-risk, high needs students, many of them brand new to this country. I love the students that attend my school. I am so sick of hearing people blame the union and the teachers. They must never have taught. It is a draining, difficult job, rewarding in the growth we help to nurture in our young people. Now my school is on the state list of Low Performing schools and they want to restructure us. Let us do our job. Klein should stop visiting his pet charter schools and see what we at the schools who don’t weed out high needs students do. He made no attempt to support those 19 schools. We take all students and offer options and necessary support, as do most big schools. The time is now to fight for public education. Let’s keep this momentum going and not let the DOE win. SAVE OUR SCHOOLS!

  • I noticed that…

    Miss Teacher, I agree with you 100% and then some. Rev. Al Sharpton was on Morning Joe either today or yesterday. He clearly said that everyone’s accountable for a child’s education, but he wants parents to be much more accountable by getting involved in their child’s education. And he wants to hold them to that accountability! I, too, try very hard to do what’s best for each of my students but I am not in this alone. Parents need to realize that they, too, have an impact on their child’s achievement growth. That teachers are not social workers, or police officers, or health care workers, or psychologists, or any other title that the public wants to label us. We are educators who are trying to impart knowledge to the future of our nation. We are preparing our youth to become critical thinkers and decision-makers. But, this cannot be done without the support of parents who should take out the time to nurture the child’s soul and spirit while the teachers nurture the mind.

    From one colleague to another, you’re right – Save Our Schools!

  • Just a thought

    What does this mean? Do the schools are this list go through another set of hearings, only to find themselves in a similar fate? I guess this time around, all “T’s” will be crossed and all “I’s” will be dotted.

  • Mustafa

    Bravo Mr. Mulgrew!

    The Chancellor has failed at being the ultimate champion of our children. Nobody should fall victim to his expected response of “it’s a shame we are being forced to keep bad schools open.” Instead, he should be asked what did he do to support the schools to promote their success.

    Once again the teachers union steps up as advocates of our children and our communities. Happy 50th UFT!

  • richard mangone

    The decision by the Supreme Court Justice was based upon the new state law which granted the continuance of mayoral control. In her decision, the judge cites the DOE for failing to follow the law and has ordered the decision to close the 19 schools null and void. It appears that the DOE’s appeal also will fail if the DOE does not comply with the law. It would take months for such compliance, which means that the schools will be open for student registration for September. I would hope that now the DOE would follow the law and consider the impact on students and their communities before closing any of the schools slated for closure.

  • B. Schmitt

    Although I’m all for parental involvement, a child’s ability to get a high quality education should not be dependent on that child having good parents or that child not having parents that are overworked or parents that are not well educated themselves. My son went to a very highly regarded elementary school that is actually pretty mediocre. That school has a student base of children from well educated, affluent families (not to say they are better parents). If you were to change ONLY the student base to children who are from families who cannot or do not support their child’s education as much, the school’s mediocrity would be very clear. No child or school’s success should be dependent on parental support. Also, I support all good teachers. I simply oppose the UFT, because they have disregard for the needs of the children. I believe the UFT to be an organization that is power mad and uses despicable tactics to promote their cause above all others, especially the above the needs of the children. I care ONLY about the needs of the children.

  • Invictus

    and the victors of these legal procedure will make sure that the DoE and all the bigwigs that have been fastballing, and privatizing education the past few years will not be able to play freely, ignoring the laws by shielding themselves in the pathetic argument of “doing it for the children.” It was time that these privateers and unscrupulous managers that want to pass themselves as educators have had their party busted.

  • http://www.SIGC.Net Dr.. Carole Reiss

    I am a teacher of 33 years, and former DoE Administrator.
    I am developing a charter school, and applaud the schools in NYC for their diversity, as well as the dedication of our great teachers all over the City.
    Charter schools offer an alternative, but can never replace the umbrella public school. With all of the issues faced on a large scale each day, public schools shine as the soul and mirror for all of our children. The charters do a great job too, but they are limited in resources and rely on corporate sponsorship. Although the charters do have the ability to attract corporate funding, the value of the mission diminishes when your growth is contingent upon private resources. Public schools are not restrained by the fund me principle, and to that end can be less constrained when proposing new programs, and creating an atmosphere that is inclusive, as well as collaborative.
    The real villian is the business model approach to education which never puts our children’s lives first, but is motivated by financial greed.
    I think the days of the big corporate bad boys are over. Let

  • Pingback: Odds And Ends « Read NEWS

  • O_o

    Dude…WTF! I’m confused… O_O

  • Jeff S

    Always remember that the road to hell is paved with good intentions. There isn’t an educator alive who doesn’t think that whatever he or she does is in the best interests of the children. Mr. Joel Klein, a man who never had one moment of experience in education, is totally ill equipped to occupy the position he does. From the start, most of his decisions have been disasters starting with his first director of curriculum who imposed discredited reading and math programs on the schools (remember Ms. Lam, what became of her?). Now Klein runs around the country as if he is an expert on education, how he introduced accountability into the city schools with many bird brained ideas that have blown up in his face and been a total disaster for kids. As I said earlier, this long overdue decision comes too late to save the Brooklyn high schools and their traditions that this lawyer masdquerading as an educator has perpetrated and his statement that I read in the Times trying to defend what he did is full of the same arrogance and lack of understanding that goes all through his work. Unfortunately by the time he leaves, he will have done so much to destroy education in this city that I do not know if it will ever recover.

    But what goes around comes around. The day will come when people will look at having four or five schools in the same building and discover that by combining these organizations, we can bring subject area specialists to properly supervise teachers in their subject areas, to provide extra curricular activities such as music classes, to provide advanced placement exams as if 4 students in each of the small schools want to take A.P. Chemistry, that would mean 16 students; enough to form a class. What a novel idea that would be hailed as. And then how much money will be spent forming let’s see an Erasmus Hall High School, a George Wingate High School, a Canarsie High School, a Samuel J. Tilden High School, a South Shore High School, a Bushwick High School. Perhaps this is the start of restoring some sanity to the schools, especially the High Schools of this city that the lawyer running the school system has done so much to destroy. Mr. Klein, for the sake of the children you claim you know best how to educate, get the hell out now.

  • Ed Barone

    Hailing the corporate model was vogue 9 years ago as the corporatations seemed to produce endless wealth out of thin air. We have seen that the illusion of wealth and success was merely smoke and mirrors as the system crumbled due to corruption and greed. Yes, Mr. Bloomberg you are indeed a billionaire but remember the “good old days” as you amassed your fortune. How many lives and carreers did it cost?

  • Ed Barone

    Nine years ago when Bloomberg began his arrogant campaign to mutate the BOE into the corporate model DOE, most citizens believed that corporations were honest legal endeavors that were driving our economy to endless wealth, creating billionaire like Bloomberg et la. Since then corporations have shown their true colors. As corruption, greed and illegal ponzi schemes dominate the headlines we now realize our naïveté as we reflect on how they have destroyed the fabric of our economy.

    The corporate model destroyed the economy let’s not allow it to devastate our children’s future. Human beings are not commodities to be traded to the highest bidder. Klein has shown time and time again that he is interested in the redistribution of public funds to the private, profiteers who manipulate data to show success at yearly benchmarks. The NY Times has already documented his collusion with the Harlem Charters which at face value should be conflict of interest grave enough to precipitate his removal from office. The illusion of success clouds the judgment of many but as the corporate house of card crumbled so will this if we allow this insanity to continue driving school agenda.

  • paulp

    An important point is being missed here .Without schools to be closed and rearranged how can the administration push their privatization agenda…..sad day indeed. They were caught at their own game. They act against communities and their own teachers and expect a court battle. Well here it is. Laws are meant to be followed…… by all. Sorry for the inconvenience -enjoy your appeal!

  • Pingback: MAP ALERT: School Closures, 2003 – Present « Education NYC

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