GothamSchools — daily independent reporting on NYC public schools

explainer

Five things to know about today’s UFT-NAACP lawsuit hearing

A lot has happened since May 18, when the city teachers union first filed a suit against the Department of Education’s plans to close 22 schools and co-locate 17 charter schools in the 2011-2012 school year. There were mass protests, low-key concessions, more lawsuit threats and signs of settlement.

There was also a request for a preliminary injunction to place an immediate halt on all interim co-location and school closure plans, which is what today’s court date is about. In these preliminary hearings, Manhattan State Supreme Court Judge Paul Feinman will listen to arguments and decide whether or not to grant the request.

Here is a rundown of the latest news and analysis of the lawsuit and its implications for how it will affect school co-locations and closures for the upcoming school year.

1. What’s a preliminary injunction?

A preliminary injunction is an early court order that requires the defendant to either proceed or cease with a specific action. In today’s hearing, Judge Feinman will decide if the DOE and co-locating charter schools can proceed with plans to move into district school buildings until a final ruling is made. The injunction — if granted — would halt any construction, renovation or facility upgrades that the schools planned for its co-locations.

The key to winning the injunction for the UFT will be to prove, among other things, that the co-locations are irreparably harmful in the interim weeks (as opposed to when the school year begins) while the lawsuit is pending. They will also need to prove a high likelihood of ultimately winning the case.

2. What’s at stake?

This is a preliminary hearing, but its timing in the middle of June means a favorable ruling for the plaintiffs would deal a serious blow to the charter schools’ hopes of co-location next fall. An injunction — if granted — halts any interim renovation plans in the schools’ future buildings while the lawsuit is pending.

Technically speaking, the charter schools’ lawyers would be able to appeal, but as a matter of practicality — with less than two months to go before the school year — it would be challenging for the schools to plan their move.

At least seven charter schools listed in the suit would not open next school year if the injunction is granted today, according to court documents. The other 10 schools, which are part of well-funded networks, could raise money and find private space given the time period.

If the relief is rejected, the charter schools “would still be breathing,” one lawyer said. “It’s not a complete win, but it’s a significant win.”

3. The defendants table just got a little more crowded.

On Friday, four law firms filed a motion to intervene in the lawsuit. They will independently represent the 17 charter schools whose 2011-2012 co-location status is up in the air next year. They will exclusively focus their representation on the co-location part of the lawsuit. The lead point in their argument will be that the revised space-sharing plans, most of which will be voted on at next week’s Panel for Educational Policy meeting, rendered the lawsuit’s complaints moot.

The firms are heavy-hitting corporate practices, all of which are representing the charters pro-bono. They are Kirkland & Ellis LLP (New Visions High School, New Visions School for Advanced Math and Science, Teaching Firms of America, Invictus Prep), Arnold & Porter LLP (Upper West Success Academy), Paul, Weiss, Rifkind, Wharton & Garrison LLP (Bronx Success 1 and 2 and Brooklyn Success), SNR Denton (Explore Excel, KIPP Infinity, Harlem Children’s Zone Promise Academy 1 and 2 and East Harlem Scholars).

4. But don’t forget about the school closures.

Although much of the public debate has surrounded the contested co-locations, the lawsuit is also seeking to prevent the DOE from closing 22 schools this fall. That will likely take up the majority of the hearing this afternoon. The UFT will argue that the DOE failed to fix its broken process for closing schools since last year, when a lawsuit reversed a plan to close 19 schools.

5. Yes, there will be public demonstrations.

Parent groups from both sides of the aisle plan to camp out inside the courtroom lobby as well as outside of the Manhattan State Supreme Court Building at 60 Centre Street.

Neither gathering is likely to match the size or intensity of the Harlem protests that took place several weeks ago. A release sent out by charter school advocates said that parents and school leaders plan to “discuss” the impact of the lawsuit today.

The UFT responded to the charter school advocates’ organizing by calling on parents and other supporters of the lawsuit to come out as well.

  • Drock

    Heavy hitting corporate law practices and free space are provided to “privately run education corporations,” otherwise known as charter schools. Ten of the charter schools are part of well funded networks that could raise the money to rent space if the lawsuit were to stop the colocation..

    Today a charter teacher, very nicely, provided a public school teacher from my school some supplies. She said to my coworker, ” take as much as you want, we get whatever we want and as much as we want.”. Very nice, but this is a perfect example of separate and unequal. Where one school has access to supplies to meet the needs of their children and a second school, in the same building, does not. The DOE must be stopped from perpetuating civil rights violations upon our public school children.

    Good luck today NAACP and UFT! You are on the right side of history!

  • Teacherman

    Dear Drock,

    It is not true that charter schools could raise the money to rent space.  Though charter schools are blessed with freedom to purchase school supplies from low-cost providers (unlike many public schools can due to Union negotiations), real estate in New York City is too high for charter schools to sustain paying rent.  Forcing charters to pay rent would bankrupt them, leaving thousands of our inner city children left without the extremely high quality education they are receiving.

  • Harringtonian

    If no charter schools “could raise the money to rent space”, did Girls Prep rob banks to acquire its rent money this year?  Likewise, do you really think that public procurement policies are determined by “Union negotiations”?  Which unions pray tell.  Finally, if “[f]orcing charters to pay rent would bankrupt them”, what does that say about their business model?  I guess relying on the kindness of hedge fund managers doesn’t cut it, does it.

  • Harringtonian

    If no charter schools “could raise the money to rent space”, did Girls Prep rob banks to acquire its rent money this year?  Likewise, do you really think that public procurement policies are determined by “Union negotiations”?  Which unions pray tell.  Finally, if “[f]orcing charters to pay rent would bankrupt them”, what does that say about their business model?  I guess relying on the kindness of hedge fund managers doesn’t cut it, does it.

  • District 13 parent

    How on earth do these law firms justify representing the charters pro bono? (I know it’s a rhetorical question.) 

  • District 13 parent

    How on earth do these law firms justify representing the charters pro bono? (I know it’s a rhetorical question.) 

  • Bunzi03

    Here we go again blaming the UFT  for something  that the DOE is responsible for implementing.

  • Bunzi03

    Here we go again blaming the UFT  for something  that the DOE is responsible for implementing.

  • bee

    I concur with Harrington. If charter school entrepreneurs are so “altruistic”, why do they command such excessive salaries? IF claims of academic excellence in charter schools were true, then why would charter schools spend millions of dollars in marketing and advertising? I hope the charter schools do go bankrupt, and that meddling billionaires and greedy education entrepreneurs stop exploiting our truly public, public school communities.

  • Ellen

    No, there isn’t a union negotiation on purchasing. The DOE contracts with agencies, whether it be Starbucks or Staples, to purchase items as needed.  The contracts are often no bid contracts so places such as Arrowmarck (food) or book companies such as Hougton Mifflin, who get to set their own prices when negotiating with DOE personnel. The same exists for school bus contracts.  There are no bids let out, there is no competition and the DOE agrees to payments. 

  • Where is the money?

    look at the white shoe firms on the original UFT suit.

  • guest

    A few–maybe two or three?–charter leaders are paid inflated salaries. One pays millions for marketing and advertising.

    To paint ALL charters with that brush is to say that ALL janitors in the DOE should be fired because they all skim hundreds of thousands of dollars off their budgets, ALL secretaries in the DOE should be fired because they hide tens of thousands of dollars in cabinets over the summer, ALL DOE principals should be fired because they use their secretaries as nannies and have affairs with them, and ALL DOE teachers should be fired because they sexually harass their students.

    Really? Does that make any sense at all?

  • Drock

    Teacherman,

    You are no teacher. You’re dustorting reality and misleading.

  • Drock

    I meant distorting.

  • guest

    I would like a DOE principal to post here how much they pay in rent, utilities, security, food services, nursing services. What percentage of their budget are those items? How much do they pay to have the janitor paint their rooms (not the ceilings, since that’s another union)?

    How much do they pay for the services of the district enrollment offices? How much do they pay to print the enrollment catalogs? What’s the cost of having translators on site at admissions open houses?

    How much do the speech therapists, occupational therapists, and physical therapists cost? When they send a student to an IAES, how much do they pay to have that student tutored during the suspension?

    How much of their budget goes to TRS? To payroll taxes, life insurance, vision, and dental?

    Charters in private space must pay all of this an much, much more and with less money than public schools in public space. For all you whine about private money, there is no way to make ends meet without it–so you are forcing them to take money that you then complain about.

    And just for fun, how about if all public schools who have received Annenberg, Gates, or any money from the Fund for Public Schools raise their hands? After all….that’s evil private funds.

  • bee

    guest, your analogies are farfetched and don’t really speak to the point I was making. I was responding to Teacherman and his erroneous claims. There are a number of reasons why I don’t support charter schools. I think the lack of transparency in charter schools is an invitation for malfeasance, I don’t like the use of the corporate model that is so prevalent in charter schools, because I think it invites the exploitation of our students, and creates the antithesis of a good learning environment. I don’t like the fact that resources are allocated inequitably, that up to 30% of the teachers can work without proper credentials, that for the most part charter school teachers are not unionized, among other things. Primarily though, there is just no inherent reason for charter schools to exist; there is nothing they accomplish that jolly well couldn’t be accomplished in neighborhood or magnet public schools with the proper financial and educational supports.

  • guest

    bee, what is exactly wrong on what teacherman says here?

    “It is not true that charter schools could raise the money to rent
    space.”

    guest: A few charters might be able to–might be. But then they’d be taking money from the people whom you abhor. Most cannot afford the rents in NYC and pay decent salaries and all of the other costs that I listed.

    “Though charter schools are blessed with freedom to purchase
    school supplies from low-cost providers (unlike many public schools can
    due to Union negotiations), real estate in New York City is too high for
    charter schools to sustain paying rent.”

    guest: Yes, he’s wrong about the union and purchasing contracts (I assume). However, it is absolutely true that a charter can purchase their supplies from lower-cost providers (with the stipulation that contracts/purchases over particular amounts must have three bids documented). That means that if you find a retailer on the street selling a thousand pencils for five dollars, you can buy them. Better use of $$.

    “Forcing charters to pay rent
    would bankrupt them, leaving thousands of our inner city children left
    without the extremely high quality education they are receiving.”

    guest: again, some charters may be able to pay. The majority could not pay more than 15-20% of their per pupil funding towards facilities–including rent, utilities, security, nursing, etc.–without severely impacting their educational programs. Have you ever run those numbers? Do you actually know what it costs to rent, renovate, and run school space in NYC? These costs are hidden in the public schools, which leads people like you to pontificate that it must be easy to do.

    Schools would close. Those students would need to go back to their zoned schools, overloading the classrooms and spaces. They STILL need to be educated. Your $$ would continue to go to schools that do not work, do not educate kids, and that spend $$ all over the place. (Just run the cost of having SCA build or renovate a building against what a private group could do–the numbers are terrifying.)

    My analogies were purposeful. You cannot, in good conscience, claim that all charter school and charter school leaders are exactly the same in where their money comes from, what their purpose is, and how they spend unless you are willing to make the same gross generalizations about the public schools.

  • Glo

    How many of you here have children who attend charter public schools?  How many have actually visited a charter public school?  How many have children who would be tethered to a failing district/zone traditional public school if not for the existence of a charter public school?  How many of you here actually realize that one educational year lost due to political bantering is a game-changer in the life of an inner city kid who due to no fault of his /her own lives in poverty?  How many of you here actually care about the children who this decision affects whether they attend public charter or traditional public schools?  NYC traditional public schools in low income areas have failed generations of NYC kids.  Along comes an impediment to the status quo and all Hades breaks loose!  Public charter schools work!  Replicate the model rather than spending time, money and a great deal of effort trying to dismantle it.     

  • Teacherman

    Dear Drock,

    re: “You are no teacher.”

    A. I am a teacher (at one of the highest performing public schools in New York State.)

    B. You’re dramatic
     From,
    Teacherman

  • Bunzi03

     I have a daughter who attends a charter school in Brooklyn.  The only  edge that I believe that they have over traditional public school is discipline. When it comes to the academics, they have a far way to go. They are better in the area of discipline and safety because they  can hold the PARENTS responsible. Parents eagerly sign their contracts because they believe that charters are a better alternative. As a result, these same parents who would not adhere to a traditional school’s uniform policy, or who won’t ensure that homework is completed, and refuse to send in a note when their scholar is absent, bend over backwards to adhere to the policies of the charters because if they don’t then the charter will KICK THEM OUT!!!   Traditional schools don’t have these ability and thus parents do whatever they want. It is high time that we start discussing where the root of the problem lie. It begins it the parents.

  • guest

    charters schools are public school ihave a child with adhd and delayed in alotof areas was placed in a district 75 school came out of there and wentto regular special edin a regular school it was evident he had not learned nothing and was no where grade level struggled but barely passed got to jr high school same thing. they gave him the ses provider same thing i even kept the ses provider for private tutoring. enough is enough. im low income and work and i dont want my child being assiigned t a zone school whichis hard to transfer from and he not learning. the schools that are failing shutthem down let the parents choose what we want for our children. nyc children is behind kids in other states u cant even get the services ur child really needs like spech pt ot  it is crazy. let the charter school expand or pay for my child to be another negative staistic

Tips, questions, feedback?

Contact us at .

Follow GothamSchools

RSS

Chalk It Up

Recent Comments

0 comments so far today

Events Calendar

Our Twitter Updates

Archives

May 2012
M T W T F S S
« Apr  
 123456
78910111213
14151617181920
21222324252627
28293031