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Success Academy asks court to dismiss UWS parents’ lawsuit

Lawyers for a charter school network are asking the State Supreme Court to dimiss a co-location lawsuit filed by parents on the Upper West Side.

The parents’ lawsuit seeks to block Success Academy network from opening a charter school in the Brandeis Educational Campus, which is currently home to five public high schools. It accuses the city’s Department of Education of using inaccurate enrollment numbers to make the case that the building has enough space for a sixth school. Responding to the lawsuit today, lawyers for the charter school said that the suit should be dismissed. City attorneys said they plan to file a similar response.

“We will be filing the papers with the court shortly and we oppose the relief sought by the plaintiffs,” said city attorney Thomas Crane.

In their response to the parents’ suit, Success Academy lawyers said that the parents’ arguments “nitpick to an absurd degree” and “engage in unseemly fearmongering.” They said that what’s driving the Upper West Side parents’ lawsuit is anger that despite massive opposition, the city’s school board voted to give the charter school space in Brandeis.

Community Education Council President for District 3, Noah Gotbaum, one of the parents involved in the suit, said that the Brandeis Campus does not have enough room for the Success Academy school. Several of the high schools in the building have hundreds more applicants than they can accept, he said.

“The city is basically shutting the door on these growing high schools,” he said.

Memorandum of Law in Support of Motion to Dismiss

  • Kunal

    Charter schools do allow parents a choice in deciding what direction they wish their children’s education to go in. The city gives the space to charter schools to minimize overhead costs as otherwise charter schools end up spending money designated for staffing or professional development towards maintenance fees.That being said the problem does not seem to lie so much in the charter school vs traditional public school as it does with the system that governs both of them. Setting unwinnable deadlines that requires parents or schools to file petitions with small windows of opportunity and forcing schools to share space set two halves of a whole school district against each other. Bringing policies to light would shift focus from school vs school and force a conversation on reform the city’s laws.

  • Jodama

    I think if you want to have a charter school, you should find your own space and pay for it, not squeeze out public school kids.

  • bee

    Indeed!

  • Edwina Hawkins

    Moskowitz gets what Moskowitz wants and the kids be damned.

  • annonymous

    Success Academy lawyers said that the parents’ arguments “nitpick to an absurd degree” and “engage in unseemly fearmongering.”

    I went to HSA’s presentation in District 14, where they are trying to push into 2 schools. Jenny Sedlis and others from HSA talked about wanting a PARTNERSHIP, RESPECTFUL DIALOGUE and PARENT CHOICE with the District.

    It is clear that Ms. Sedlis, Ms. Moskowitz and the Success Charter Network lack integrity and present nothing more than empty rhetoric.

  • Rufus Rainer

    Most charters would probably love to be in their own spaces instead of the dilapidated public school buildings of New York City, however they do not receive facility funding. Are you going to pay their rent?

  • PRO SUCCESS

    So “Anonymous” – What choice do upper west side parents have? Really. I have 3 children, so tell me what I should parents like me should do. Enroll their children in public schools with overcrowding issues (ex: PS87 in District 3- which by the way, I can still not register until those from last year who were waitlisted can have a chance and we are already in May) or send them to a private school for $35,000 a year? PER CHILD. A charter school is the only other real alternative, aside from moving away from the city, where not only will they have the best education but the school will actually be able to determine whether teachers can be fired because of poor performance. How many teachers have you come across who really do poorly but cannot be fired due to unions? I read in another comment, that charter schools rigorously prepare children for testing… is that so wrong? I feel that public schools are not gearing to preparing our children for the real world. Who says that children can’t enjoy school while learning how to study and do well? Some parents on the upper west side are so accomodating to their children that they fear if their children do any “hard work” it will scar them for life. Ridiculous. These are the same parents who give their children everything and yet these children are still obnoxious and feel they deserve everything. It’s ridiculous to say that Brandeis High School will be dangerous to kindergarteners. Children will be supervised at all times… Success Acadamy is not going to throw small children into any danger within the school. Give me a break.

  • bee

    Why should taxpayers foot the bill for charter schools at all? They are not a panacea, in fact, they are detrimental to neighborhood public schools and magnet schools.

  • Anonymous

    I’ll only tackle this portion: “I read in another comment, that charter schools rigorously prepare children for testing… is that so wrong?”

    When the testing is fundamentally flawed, cut scores manipulated up and down, and research has been shown that high-stakes standardized testing narrows the curriculum and has done more harm than good in regards to the overall education of the children, then yes, I don’t find it to be quite right, but unfortunately, that’s the nature of the system we are in.

    When the testing numbers of charter schools are manipulated to be “higher” due to the number of ELLs and students receiving special education services being minimal to non-existent at Success Academy schools (among other issues brought up in past forums and articles), I also find that wrong, extremely misleading, and yes, not public.

  • Jodama

    I don’t understand why tax payers should pay the rent? It’s certainly your choice to move your child to a charter school – which has a private board. Let your private board donate or find space and pay for it. My kids go to their local public school. That’s what public funds support – public education that is available to everyone. Now the people to get angry with are not fellow parents, but the DOE which did not adequately plan for the growing population of children. That’s why kids are waitlisted all over the city for their zoned public school. Also if there is money to pay Eva Moscowitz 300K a year, then I believe there is money to rent space for her schools. The DOE is the big bully on the block but I’m glad they’ve met their match with UWS parents.

  • PRO SUCCESS

    You only tackle the portion that suits your response. You still did not answer what a parent of two should do as an alternative. But okay, let talk about the one part you do want to talk about. You are correct, testing in schools is the nature of the system we are in. So what is your point? Charter schools give attention to those with special needs, but there is a point where the school can only provide so much for these children just AS PUBLIC SCHOOLS can. No offense to those parents of special needs children, but if their child really needs special education then they have to consider another alternative- on that note, this is not a basis as to your accusation of charter schools misleading the public. Not all schools can cater to “special education”….. “Manipulation of testing scores” is a very high accusation and is just politics….It’s a question of “he said & she said” from BOTH sides….Aren’t the children, who matter most ,still getting a great education from a charter school, even better than existing public schools? Aren’t they STILL learning?? Would you rather have your child stuck in a public school and keep your fingers crossed that she/he is going to get a good education that will hopefully get them into a good college someday, or have your child enrolled in a charter school where teachers are going to help a child to his/her potential and give them the confidence they need to be successful?

  • Jodama

    You always have a choice – you have a choice to send your child to the local public school. If that school is not excellent, before you start blaming teachers, you should ask yourself how much support that school gets from the DOE which ultimately is responsible for the state of our schools. That’s why we have mayoral control – right — so that the mayor would ultimately be responsible for the state of our schools. Instead, it seems everyone, especially teachers, are to blame for the sad state of some of our schools. The mayor and his coterie at TWEED are never responsible.

  • Jodama

    I also want to address Pro Success’s statement: “No offense to those parents of special needs children, but if their child really needs special education then they have to consider another alternative- on that note, this is not a basis as to your accusation of charter schools misleading the public. Not all schools can cater to “special education”…..” This statement for me is the crux of the reason why charter schools should not use public space or funds. It seems a high degree of nerve to consider educating children with special needs as “catering” to them. They are a part of our society and they deserve to have the best education possible. I see, if a child is difficult to educate, then their parents need to privately fund their education because no one told them to have an atypical child. In fact, charter schools should be the first place where kids with special needs should go. They can have smaller class size and more individualized instruction. The very kids who need charter schools most are the ones being shut out because they’re difficult to educate.

  • PRO SUCCESS

    Let me correct the SPIN that you are making about “special needs” children. They are many “special needs” children that successfully go mainstream into public or charter school and it is NOT a question of them being “catered” to. So you are saying that there should be classes as well for special needs children – fine. But that goes for BOTH public school and charters – which is what most schools have. So let me get this right… You want charter schools to take special needs chidren as priority?- shouldn’t other children attend as well? If these children can be mainstreamed into the system, great, but if you are talking about those who really need intense special ed, then those parents should fight for their children to have a charter school SOLELY for the education of those developmentally challenged. Why is that wrong to say? Why wouldn’t charter schools have classes as well for special needs? They can’t do both?? Why would they exclude those children who are developmentally challenged to attend a charter school? My comment is not about special needs children but in response to Anonymous saying that testing scores are rigged because there is little or no special needs education testing scores to taken into account of general test scores. Let’s not make this a ground for fighting for special needs rights. This is not the discussion.

  • Anonymous

    It has been well-documented that some charter schools, including Ms. Moskowitz’s schools, have done a well-enough job of counseling out students who don’t fit into the school’s mold or bring down overall test scores. According to the Post, charters have been able to nix out 23% of the kids they have received! According to the statistics provided by her charters, there are absolutely NO students who are in self-contained classes. Does any of that sound like a “public” school to you? You speak about choice, but at what cost?

    Also, “you want charter schools to take special needs children as priority?” If you knew the original purpose of charter schools, you should know that the answer is primarily “yes”. Before the charter schools we have today, the idea of charter schools was to provide educators with the freedom and the ability to work on how to push the achievement and performance levels of some of the hardest demographics to work with, primarily English language learners and students who need special education services. Has charter schools gone away from their original purpose? You tell me.

    Public schools teach everyone, no matter who comes into those doors. Counseling kids who may be “trouble-makers” or bring down overall scores out of the schools doesn’t provide a public service. Since Ms. Moskowitz’s schools are well-known of counseling out those students, therefore, selecting who can and can’t go to the school, Moskowitz should NOT receive public funding nor public buildings to continue her “public” charters.

    And by the way, when you are able to pick the students you want and counsel out the kids you don’t want, you ARE rigging the scores to benefit your own image, as inaccurate as it may be. Kicking out the students who may bring your test scores down manipulates those scores, especially when those schools are compared to public schools who absorb any and all kids that come through those doors, especially ELLs and special-needs children.

  • UWS Parent

    All the schools in this area suffer from overcrowding. If Success Network wanted to do the neighborhood a service it would use its backers’ resources to create new seats in a closing Catholic school or in one of the school-appropriate buildings in the neighborhood identified by Linda Rosenthal and others. Stuffing an elementary school in the Brandeis complex is the wrong answer for this overcrowded neighborhood and has a negative cost for the middle and high school students who badly need the seats. Parents who selfishly want a seat for their 4-year-old aren’t looking at the whole picture of community needs. I support letting Frank McCourt High School expand to meet its huge demand.

  • http://ednotesonline.blogsopt.com Norm

    See the videos running all week at ed notes re: Success attempt to push into District 14 in Brooklyn. SOme people wondered why charter school parents from Harlem who may be very happy are being used politically to sell Success to other districts. See the video of the teacher from PS 147 who confronted someone getting paid $10 an hour to distribute Success lit in front of the school on open school night. Look at the ad money spent all over north Brooklyn to create artificial demand for Success so they now are trying to open 3 schools in the area based on this pumped up demand.

  • PRO SUCCESS

    Yes. I agree all the schools suffer from overcrowding but for you to say that “parents are selfish for wanting a seat for their 4 year old” is completely ridiculous. Really? Do you honestly think that parents like me on the Upper West side are “selfish”? Oh we definitely get the picture. Give it a rest please. We are NOT selfish and here’s an update: WE ARE THE COMMUNITY TOO! If anything, most parents, like me, who still haven’t been able to register at PS 87 because OTHER parents who were waitlisted last year have first priority – so this means we have very limited choices. Even when I do get the chance to register, the PA mom at PS87 has told me that it is not a guarantee that my twins will have a spot. Now, besides spending $35,000 a year X 2 kids- which unfortunately we do not have, I would have to BUS them somewhere. It seems to me, YOU do not get the picture. BRANDEIS HIGH SCHOOL was slated to close ANYWAY, whether the charter school was going to open or not. Why make Success Academy the scapegoat for this? The location was available, Ms. Moskowitz seized the opportunity.Good for her. If parents were SO concerned about Brandeis High School closing, they should have acted a long time ago when there was still a chance to improve it and keep it open. Where were they then???

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