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A Sad Day for School Closures

We should rejoice when the judiciary checks illegal use of political authority. That’s what happened in Mulgrew v. Board of Education, which curtailed plans by the New York City Department of Education to close 19 schools it had identified as failing. The court ruled that the city violated notice and hearing requirements and that the DOE failed to “provide any meaningful information regarding the impacts on the students or the ability of the schools in the affected community to accommodate those students” as required by state law.

But the decision should also be greeted with sadness. That the city should so brazenly violate the letter of the law is contemptible. That the identified schools, hobbled by instructional incompetence or supervisory negligence, will continue to maltreat students is equally appalling.

Mulgrew will be difficult to overturn on appeal. The decision is squarely based on facts admitted by both parties and established law about Environmental Impact Statements, the direct legal precursor to the new requirement for Educational Impact Statements issued by the DOE to justify school closings. Again and again, the court castigates the DOE for its actions, finding “significant violations of the Education Law.”

The DOE posted Educational Impact Statements for each closure on its Web site despite a statutory requirement of hard copy distribution. It unilaterally determined the time, place, and manner of hearings despite the requirement that these proceedings be jointly undertaken with parent bodies. In its arrogance, the DOE even argued that its handling of the procedures was outside court review, an argument not only rejected by the court but ridiculed through a highly unusual footnote pointing out a typographical error in that section of the DOE’s brief. Further, implying that the DOE made initial decisions about which schools to close in bad faith, the court ordered the city to “to re-examine in good faith the various programs in the schools they are preparing to close, and obtain meaningful community involvement, as required by the Education Law.”

This underlying accusation of bad faith on the part of Chancellor Klein and Mayor Bloomberg permeates the opinion. “[The DOE's] very arguments would appear to trivialize the whole notion of community involvement,” the court wrote. Reviewing the mayor’s attempted nullification of statutory obligations he doesn’t like, the decision states, “That entire legislative scheme must be enforced, and not merely the portion extending mayoral control of the schools.” Also scorned is the DOE’s hubris

that the lack of compliance is of a de minimus nature and should be dealt with only prospectively. Furthermore, they suggest that even prospectively, rather than being ordered to comply with the Education Law, they should be permitted to develop their own guidelines for compliance with the statutory requirements, revising the chancellor’s existing regulations.

What will be Mulgrew‘s impact? If reversed on appeal, that will be a new cause for sadness. But even if upheld, it appears that the city’s students, at least in the short term, will still be denied quality education under the rule of law. As of now, the city says it will not only appeal the decision but go forward with high school placements not directly related to the closed schools, continue to place students in the schools created as replacements despite law regulating co-location, and attempt to dissuade students from attending the schools given a reprieve. In plain terms, the DOE plans to let these schools continue to sink, keeping a shell staff and student body for those who didn’t get the message that they are passengers on an educational Titanic.

Which brings us to the enduring question of why these schools have to die. It is possible that each targeted school, individually and thoroughly analyzed, is beyond saving or too difficult to save. Maybe their present and future students (including, according to the court, infants in closed child care programs) would do better elsewhere with little or no adverse impact on other schools. But perhaps aid has been withheld in an intentional, unethical strategy of triage to score political points through headline-grabbing closures rather than the slower, less dramatic work required for true instructional success. Those are the very questions that the DOE failed to address in its sketchy, boilerplate Educational Impact Statements. Those are the questions that deserve good faith answers now.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Here at Gotham Schools, James Eterno and I established that the statistics used as a basis for the closure of Jamaica High School were false. Though the corrected statistics were available to Tweed, the deputy chancellor chose to broadcast the false statistics as a prelude to the public hearing, after which he and his department saw fit to ignore absolutely every speaker who rose to comment.

    Considering that, it’s entirely possible that Tweed is equally incorrect in its analysis of other schools slated for closure. While compliance with the law is as vital as you say it is, some attention ought also to be given to this even more basic point.

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

    I have lots of questions for David and others: 1. does the decision of Klein et al that they will send out HS admissions letters w/out the names of any of the schools originally slated for closure including among them violate the court order, and if so, what can or should be done about this? and 2-does this court decision nullify all the co-location and changes in school utilization approved by the PEP over the last three months, since all of them presumably were preceded by the same defects in process, or do separate lawsuits have to be brought in each case?

  • Jeff S

    This policy, devised by an arrogant, incompetent, unqualified lawyer masquerading as an educator, is wrong and has always been wrong especially in the case of the large high schools. The large high schools provided more than just an education, they provided the ability to offer an assortment of different courses. If you have 800 students in your senior class and 3% wish to take AP calculus, that’s 24 kids, enough for a class. If you have 50 kids in your senior class, the same 3% represents 1.5 students, not enough for a class. Thus the smnall schools deprive kids of the opportunities to take different courses. It also deprives kids of the many varied extra curricular activities the large high schools provided. From a teacher view point, it disrupts the abilities to provide true subject area specialists in each different subject area to properly work with and train teachers in a particular subject area. How can a Principal, even if qualified and I question the qualificiatons of many of the Klein Principals as educational leaders, is competent say in English, how can such a person properly supervise a math class? The most important thing in secondary education is mastery of subject matter. A teacher can be a wonderful, warm, caring human being but if the mathematics being taught is incorrect or not being taught on the proper level, the kids are ultimately cheated.

    Unfortunately, this incompetent has already destroyed the Brooklyn High Schools and the great traditions many of them represented. And all that’s happened is that these new schools have not chosen the few trouble makers who bring schools down. So what happens? Of course the trouble makers go to the remaining schools and ultimately cause them to fail. I was very distressed to read a State Education Report indicating schools such as Sheepshead Bay, FDR, Dewey and even Murrow are schools needing remediation of some sort. Of course, it has nothing to do with the closings at Erasmus, Wingate, South Shore, Tilden, Canarsie, Bushwick and Jefferson. But instead of working to rid these schools of the few trouble makers, they became dumping grounds for the kids that other schools knew would bring their statistics down. Everybody knows that. Everybody that is except the current incompetent running the New York City schools. An educator in a position clearly that should be occupied by an educator would understand that.

    Like I said, unfortunately right now it’s too late. Klein has done his damage and the editorial writers eat up his kool aid. But the day is coming, mark my words because whatever goes around, comes around that somebody will look at the South Shore campus say and figure out the duplication of having four or five different schools in one building with separate Principals, programs and whatever and figure out that by combining the different schools, a better way to give students all they need can be provided. Mr. Klein, for the sake of the kids you claim you are fighting for, do the decent thing and get out.

  • http://jd2718.wordpress.com Jonathan

    “That the identified schools, hobbled by instructional incompetence or supervisory negligence, will continue to maltreat students is equally appalling.”

    I absolutely reject this premise.

    New Day Academy is located in one of the poorest areas in this nation. It’s students are needy, and not just for education. New Day needs additional support. No one will say otherwise. But shutting the school down and opening a new one in its place… right, we’ve done that. Multiple times. The needs go beyond educational, but they affect the education.

    “Instructional incompetence” and “supervisory negligence”? Sir, by repeating these poisonous phrases it almost sounds like you are adopting them. Please be far more careful with politician’s words.

  • Christine Rowland

    “That the identified schools, hobbled by instructional incompetence or supervisory negligence, will continue to maltreat students is equally appalling.”

    Mr. Bloomfield – have you ever visited our classrooms (Columbus HS) or met Principal Fuentes? Your statement indicates that you have not. Maybe you should read the quality reviews for our school, which have commended us (faculty and administration) for our work with students who have tremendous needs, providing them with “targeted and caring support according to their needs to achieve success.” The reviewer, who spent real time with our teachers, administration and students both in and out of the classroom complimented our work.

    It seems that these reviews, along with so much else, have been ignored. No one from the DoE came in to visit our classes, discuss our work or help us to better meet the needs of our students. They just announced our closure.

    It is in the best interests of the children of our city that we take a genuine look at our schools and as educators together establish how we can improve outcomes, and as you phrased it, engage in “the less dramatic work of instructional success.” And thank you, Judge Lobis, for giving us this opportunity!

  • Michael M.

    As I posted on another string, I am very interested in the Court’s reaction to the post-”decision” decisions by DOE.

    And no, I’m not talking about DOE’s appeal — I’m talking about DOE’s decision to send out the high school admission letters AS IF THE DECISION DIDN’T RULE AGAINST THE MASS CLOSURES.

    A hypothetical “right of return” should the decision be overturned on appeal will NOT restore anywhere NEAR the same result as had the matching process been re-run BEFORE any letters went out.

    (e.g. Assume Student A preferred a pending-closed School #1-19 and was assigned to School #20. Student B who otherwise might have had a seat at some School #20 got bumped to some School #30.

    If the Court’s decision is overturned, will the DOE strategy to allow Student A to choose to return to School #1-19 also let Student B return to School #20?)

    The DOE is now using those kids as pawns a second time over, and per above, now affecting kids who wouldn’t even have been assigned to #1-19.

    DOE’s current hedge strategy will further undermine Schools #1-19 REGARDLESS.

    Contempt-ible. For shame.

    Do they serve Matzah in Rikers?

  • Pingback: Insideschools.org » School closures & high school matches: 70,000 letters mailed

  • Pingback: The School Closing Court Decision and Race to the Top: The Long Term Impact of Race to the Top is Unhealthy for Students, Parents, School Communities and Teachers. « Ed In The Apple

  • Cicily Humes-James

    March 26th was a day that I will never forget. It was the day that our legal system told Mayor Bloomberg and Chancellor Klein that they can not do what they want without checks and balances. One of our greatest mistakes was giving mayoral control to a business man/mayor. The second mistake was allowing Bloomberg a third term. It is ironic, as a type this email, the news reports that NYC schools are listed 15th out of the 16 schools that are competting for The Race to the Top grant money. Money and control are top on his agenda. The mayor and chancellor have a huge budget for desk, computers, office supplies, etc. Where do they children fit into this huge budget? The Mayor’s agenda has been derailed by the judge who ruled the PEP’s decision null and void. Bloomberg and Klein wanted to close our 19 schools to reach the 200 charters they want to create. What will he do now? Maybe visit the 19 schools and help us, provide us with the resources needed to help our students, etc. It wll be very interesting to see what will happen when we return to school on the 7th of April. I’ll keep you posted on events at my school.

  • I noticed that…

    Why isn’t anyone looking into the law when an employee of a city agency is providing false/distorted information to the public? Enron was brought up on charges for exaggerating the truth about its company, besides cooking its books.

    Why isn’t the state penalizing the chancellor for all the inaccuracies on their reports to the public and the undue emotional stress given that the chancellor put all the families and teachers within those communities of the 19 schools.

    Why hasn’t the state revoked the chancellor’s license for incompetence and his lack of professionalism?

    Hasn’t Klein proved over and over that he’s not an educator? If a teacher can be charged 3020-A for incompetence and eventually fired, why should the chancellor be exempted from the same charge?

  • Invictus

    Cicili, trust not the DoE nor the two educational distorters to do right by the schools that they have shortchanged for such a long time. They will attempt to fabricate a more airtight case for arguing for the closure of the infamous 19. Nevertheless, due diligence and doing what is right can be such a detailed process that there will be plenty of haggling and manipulation in the upcoming battle.

    Remember, the signs of the DoE and their “Final Solution” for these institutions were underway before the PEP meetings and protests were the fact that they were sending HR people to the buildings within 3-6 days of the very public fanfare where the Bloom und Klein INC announced how they were closing these failing schools.

    It is like expecting some classic cons with long rapsheets and history of crime, to trust them with someone’s grandma’s gold savings.

    They will try again and some schools might not have much fighting ground left especially if they have been discredited and deemed as failure in public.

    At most, some buildings will get a 1 year reprieve and the closure procedure might be shifted to 2010-2011 plans.

  • paulp

    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 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!

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