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Judge rejects UFT-NAACP claims, allows co-locations, closures

A State Supreme Court judge has ruled that the city can move forward with its plans for 22 school closure and 15 co-locations.

In May, the UFT and NAACP filed a suit charging that the city had not adhered to the law and its own promises when planning the closures and charter school co-locations.

In a decision released late tonight, Judge Paul Feinman denied the UFT and NAACP’s request for a preliminary injunction that would have stopped the city from moving forward with its closure and co-location plans while those charges are considered. A temporary restraining order preventing the plans from advancing had been in place since early June.

Feinman’s decision came just hours after State Education Commissioner John King approved 12 of the closures, of schools on the state’s list of “persistently low-achieving” schools. The UFT and NAACP suit had argued that the city could not close schools on that list without state approval.

Schools Chancellor Dennis Walcott applauded the decision, which he said validated the Bloomberg administration’s approach to fixing low-performing schools.

“I am incredibly heartened by the court’s decision tonight,” Walcott said in a statement. “I know this decision will come as great comfort and relief to the thousands of children who have been in limbo, wondering what the outcome of this case would be, and for that I am very happy.”

Feinman ruled that the UFT and NAACP had not proven that schools facing closure would have performed significantly better if the city had fulfilled all of the promises set out in an agreement that followed a similar lawsuit last year. That suit resulted in 19 school closures being halted. He also ruled that the Department of Education’s co-location plans — all of which were revised after the lawsuit was filed — contained enough detail to suggest that they were crafted in accordance with the law.

But the ruling did not address the lawsuit’s substantive claims, particularly that the school closures and charter school co-locations would introduce inequities.

“The court notes that the question of where the equities lie is not clear-cut, and the facts do not lean inexorably in the direction of either party,” Feinman wrote.

The United Federation of Teachers said it did not plan to drop its suit, particularly because of the equity claims that Feinman did not assess.

“While Judge Feinman has declined our request for an injunction, his decision does not affect the underlying issues of fairness and due process in the school co-locations and closings that are part of this lawsuit,” a UFT spokesman said in a statement. “These issues remain to be resolved, and the  UFT intends to continue to litigate this matter.”

Charter school advocates lined up to call on the UFT and NAACP to drop the suit.

“Let’s hope the UFT and NAACP drop their opposition and allow schools to open as planned in a few weeks,” said Joe Williams, executive director of Democrats for Education Reform, in a statement.

“With classes beginning in just a few short weeks, it’s long past time for the UFT and the NAACP to put their lawyers away, drop their claims and not put families through any more needless uncertainty,” said James Merriman, CEO of the New York City Charter School Center.

The ruling frees Feinman up to start his summer vacation. At a June 30 hearing where he allowed construction to start at one co-location site, the judge said he was nervous that the case would not be resolved before his summer vacation. The vacation was set to start July 22 — tomorrow.

  • Mr. Taxpayer

    “Walcott applauded the decision” to close the schools. Wow, he must be proud for sure. He is basically putting the final nail in the coffin for schools that have been under his and Klien’s tenure for so many years. Would a NYC Police Chief “applaud” the closing of a police station? Would a NYC Fire Captain “applaud” the closing of a fire house? What the heck is going on in our city when elected/appointed officials would rather throw in the towel then work to make things better for our population?

  • I noticed that…

    Oh no, another 22 schools will be closed and more co-locations.  Charter schools don’t produce better outcomes than the public schools, yet they are squeezing the public schools out of their existence.  Moreover, we know that charter schools counsel out their students so their stats won’t stink.  What’s very distressing is the fact that there’ll be more ATRs.  Although the union made a deal with the DoE regarding the present ATRs, I feel that this deal was made in haste and it will hurt more members than ever before, especially with the closure of 22 schools.  The SED and the DoE have planned this very carefully and strategically to phase out as many public schools before Bloomberg leave office.  With the judge’s decision or blow, we are now in Schoolmageddon.  The end is near!

  • Nyhistoryteacher

    What is, “the Bloomberg administration’s approach to fixing low-performing schools?”

    That would have been a nice follow up question.

  • Anonymous

    I applaud the Judge’s decision, while no one should ever be happy at the failure of a school and it’s closing, the decision to allow the co-location of these charters is a great move in the right direction.  The whole separate and unequal education feeling has merit I do agree, but trying to force the charters to dumb themselves down to the low level of expectations of a regular zoned school ( not all mind you, but a great majority of them in this city) just because the parents, teachers and administration don’t want to fight to bring themselves UP to the level of the charters ( many but not all as I said before) is just ridiculous.  My tax dollars pay for the space the same as yours and my child has a right to sit his little tush in that space and get the quality of education that i DEMAND for him just as much as the rest of the tax payers out there – I was just one of the lucky ones who got my child into a great charter school.  This battle is won, but we know that the war isn’t over. I have to say at least I will sleep better tonight knowing that in a months time my son’s first day of first grade will go on as scheduled because that is his right and the pompous money and political hungry at the UFT and NAACP didn’t win their frivolous lawsuit.

  • Pogue

    Sorry, Proud BS Parent, cannot accept your statement of “dumbing down” charters to the low level expectations of real public schools.  I’d almost think you were actually Walcott, Bloomberg, or Eva Moskowitz writing your drivel.

    Closures prove Bloomberg, Klein, Walcott, and any other “reformers” to be failures in helping all children progress in this world.

  • Vote NO!

    “My tax dollars pay for the space the same as yours and my child has a
    right to sit his little tush in that space and get the quality of
    education that i DEMAND for him just as much as the rest of the tax
    payers out there – I was just one of the lucky ones who got my child
    into a great charter school.”

    Unfortunately  too  many  parents  of  children  with  disabilities, who  have  IEPs  are  not  “lucky  enough”   to  get  in  a “great  charter  school.”  There  is  an   increasing  amount  of  anecdotal  information  demonstrating  that   many  charter  schools,  including  Success  Academies  are  denying  admittance,  or  “counseling  out”  a  disproportionate  numbers  of  high  needs  children.

    Since  the  charter  schools  do  accept  taxpayer  funding,  it  is  only  a matter  of  time  before  the  charter  schools  will  be  forced  to admit,  and  maintain  the  enrollment  of  these  children.. After  all , their  parents  are  taxpayers  too.

    As  far  is  co-location  is  concerned,  it  is  an  educational  abomination.  It  would  never  be  tolerated  in  wealthy  suburban  districts.  It  should  not  be  tolerated  in  urban  districts.  Separate  is  inherently  unequal  when  it  comes  to  schools  in  the  same  building.

  • guest

    I strongly suggest that you dive more deeply into the special education numbers for middle and high school charters as compared to elementary schools. The percentage of special education students in those charters that begin with 6th or 9th grades is substantially higher than the lower schools, in no small part due to the fact that the public schools surrounding them often have selective application procedures whereas the charters do not. 20-40% is what I’m hearing this year.

    Furthermore, “wealthy suburban districts” build more buildings (because they are wealthy), keep the population from growing (because it’s too expensive to live there), or in some cases, have doubled schedules. It may not be considered “co-location” to have some students come from 7-12 while others attend from 12-5, but it’s been a time-honored way of handling overcrowding in the suburbs; they did it in my high school in 1974 until they could afford another high school. (And then, of course, they built the new one in the wealthy area of town, and there was finally a true “separate and unequal” as the poor kids had one school and the rich the other. Don’t glorify suburban living, please.)

  • Vote NO!

    Guest,

    Those  new  small  “boutique”  schools  that  have  popped  up  in  many  buildings  since  mayoral  control  are  just  as guilty  of  denying  high  needs  kids  admission  as  the  charter  schools.

    But  as  yesterday’s  article  about  the  charter  school  that  had  been  sanctioned  for  its  admissions  policies  demonstrated.  It  is  not  acceptable  for  any  school which  receives  taxpayer funding to  do  this.  I’m  not  going  to  defend  the  new  small  public  schools. 

    Urban  school  disrticts  all  over  the  country  are  doing  this.  I’m  fearful  they,  and  their  taxpayers  are  headed for  serious  legal  problems.  As  the  highest  need  students  increasingly  are  being  “left  behind.”  I’m  sure  more  lawsuits  will  be  filed.  Eventually  they  will  probably  end  up in  Federal  courts.  Many  of  these  children  have  mandated  services  which  are  codified  in  Federal  law.  It  is  not  acceptable  for  a  child  on  an  IEP  to  spend  2  to  3  hours  on  a school  bus  every  morning  getting  to  the  “one  or  two”  schools  in  each  borough  that offer  his/her  required  services.

    I   grew  up  in  the  suburbs  too.  There  are  no  co-located  schools,  or  schools on  split  sessions.  I  don’t  know  which  district  you  are  talking  about?  In the  early  1960s and 1970s  there  was  a  tremendous  influx  of  people  moving to  the  suburbs..  Districts  were  temporarily  overwhelmed,  and  there  may  heave  been  split  sessions,  and  temporary  use  of  portable  trailers   for  classrooms.  That  hasn’t  been  the  case  for  decades.

    If  there  aren’t  enough  buildings  for individual  schools,  then  it  is  incumbent  on  the  state  and  city  to  build,  or  rent  space  for  them.

  • true tales

    Everyone should read my post very clearly.  I work at one of the schools slated for closure.  It was a horrible year and will only get worse.  Picture this ….. each day I had students asking me about the new schools coming into the building.  They wanted to know where they would be and why we would be closing.  They asked what would happen tot hem and which teachers would still be here.  I’m talking about hundreds of students asking these questions each day.  They were so upset and confused.  These students are actually going to watch new schools open up in front of their eyes in their old classrooms and halls.  What do I tell these kids?
    Imagine watching new schools open up where you exist?  Imagine seeing everything you have disappear?  These kids will be psychologically damaged by this trauma for sure.
    I wonder how Walcott and the DOE can really “applaud” this.  It’s really not an applauding situation.  The media portrays my school as “failing” and being low achieving, etc.  Are we really or is it just a result of the type of population we have and we are given?  Think about that last question very clearly please.  Think about this next statement ………
    When we do not accept a freshman class this September, where are these kids going?  The DOE would send us a high special ed population and ESL students whom both catagories were a significant amount of children.  What I mean by significant is around 500 students.  Where will they go?  Ask yourself this question please.  Where in the world are they going?  The media will have new schools to target as it’s all a game.  These kids will go to another school or be split up and go to several schools and bring their scores down.
    I’ve really seen enough to be just so disgusted.  I can easily inform a real source like 60 minutes of what’s happening here.  We are given all “types” of kids and then we are BLAMED.  What is that?  How can the city applaud this move?  It’s so easy to see what’s going to happen next.  Let me lay it out for you.

    These schools close.
    22 more or whatever on on the chopping block.
    Charters are now given green light.
    Kids who are “needy” destroy data for A and B schools.
    Those schools eventually close.  Charters roll in more.
    Union shrinks.

    You know the rest.  If you’re a teacher with 20+ years you can ride the wave out.  If you’re a teacher with 8 or less, you can find other schools that will remain opened as your salary is not an issue to be hired.  If you are midway like 10 – 18 years in, you are really in trouble.

  • true tales

    Everyone should read my post very clearly.  I work at one of the schools slated for closure.  It was a horrible year and will only get worse.  Picture this ….. each day I had students asking me about the new schools coming into the building.  They wanted to know where they would be and why we would be closing.  They asked what would happen tot hem and which teachers would still be here.  I’m talking about hundreds of students asking these questions each day.  They were so upset and confused.  These students are actually going to watch new schools open up in front of their eyes in their old classrooms and halls.  What do I tell these kids?
    Imagine watching new schools open up where you exist?  Imagine seeing everything you have disappear?  These kids will be psychologically damaged by this trauma for sure.
    I wonder how Walcott and the DOE can really “applaud” this.  It’s really not an applauding situation.  The media portrays my school as “failing” and being low achieving, etc.  Are we really or is it just a result of the type of population we have and we are given?  Think about that last question very clearly please.  Think about this next statement ………
    When we do not accept a freshman class this September, where are these kids going?  The DOE would send us a high special ed population and ESL students whom both catagories were a significant amount of children.  What I mean by significant is around 500 students.  Where will they go?  Ask yourself this question please.  Where in the world are they going?  The media will have new schools to target as it’s all a game.  These kids will go to another school or be split up and go to several schools and bring their scores down.
    I’ve really seen enough to be just so disgusted.  I can easily inform a real source like 60 minutes of what’s happening here.  We are given all “types” of kids and then we are BLAMED.  What is that?  How can the city applaud this move?  It’s so easy to see what’s going to happen next.  Let me lay it out for you.

    These schools close.
    22 more or whatever on on the chopping block.
    Charters are now given green light.
    Kids who are “needy” destroy data for A and B schools.
    Those schools eventually close.  Charters roll in more.
    Union shrinks.

    You know the rest.  If you’re a teacher with 20+ years you can ride the wave out.  If you’re a teacher with 8 or less, you can find other schools that will remain opened as your salary is not an issue to be hired.  If you are midway like 10 – 18 years in, you are really in trouble.

  • NabeSchoolLover

    I wish that it had been possible to separately rule re: co-locations and school closures. Oh, well. To me, the important part is here: “The court notes that the question of where the equities lie is not clear-cut, and the facts do not lean inexorably in the direction of either party,” Feinman wrote. Forge on, UFT/NAACP. Keep fighting b/c this is where the deeply rooted trouble lies.

  • Shango67

    We won, BITCHES! 

  • Mr. Hand

    Who exactly is “We”? (Charter school operators seeking to gain more money perhaps?)

  • Pogue

    Easy, Eva.

  • Michael Meyers

    You meant to write that the judge’s vacation starts JULY 22, not June 22…

  • Michael Meyers

    You meant to write that the judge’s vacation starts JULY 22, not June 22…

  • Michael Meyers

    You meant to write that the judge’s vacation starts JULY 22, not June 22…

  • Philissa Cramer

    Thanks for the catch – I knew I had to have made at least one typo in a late-Thursday-night story! It’s fixed now.

  • Philissa Cramer

    Thanks for the catch – I knew I had to have made at least one typo in a late-Thursday-night story! It’s fixed now.

  • Philissa Cramer

    Thanks for the catch – I knew I had to have made at least one typo in a late-Thursday-night story! It’s fixed now.

  • Itsmeki

    So happy that the Judge saw that innocent families were being put in the middle of a political tug of war and made the right choice for students. Now let’s really fix this education system.

  • Michael Fiorillo

    Shango67,

    “We won, BITCHES!”

    Charming, and classy, and a revealing expression of the underlying attitudes behind charter schools. In other words, it’s not only, “I’ve got mine, you get yours,” but “To get mine, I’ll take yours, and everyone’s.”

    And by the way, where were the Gotham Schools Language Police on this one? Or is it only opponents of privatization who can be uncivil?

  • GC

    Shango67  We won, BITCHES!    -  Has the posting policy at Gotham changed?

  • Philissa Cramer

    Just a reminder: Flagging is the best way to bring to our attention comments that may violate our commenting policy. We don’t always see all comments right away, particularly when we’re on the go and moderating from our mobile devices.

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