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Charter school rally brings out deep tensions within the sector

At last year's rally, students and families protested in Harlem against a lawsuit that sought to prevent charter school co-locations.

A large public rally to support the city’s charter school sector this afternoon is expected to draw thousands of people, but the event is also notable for who won’t be there.

Organizers say the rally is meant as a show of political might to mayoral candidates, whose support for the sector is unlikely to rival Mayor Bloomberg’s.

But in a sign of what sources say is a widening rift within the sector, two major groups that support charter schools have declined to participate, and large numbers of independent charter school operators are sitting the rally out. Many say they believe the event’s leadership and timing reflect a larger truth about the future of the sector: that it is promising for schools that are part of large networks and less so for independent charter schools.

“The charter world is kind of breaking up into the haves and the have-nots. There’s a schism,” said a source with a long history in city charter schools.

On one side of the schism are operators, many of them independent, who have focused their energies and resources on school-based operations while quietly steering clear of front-line battles over ideology. On the other side are operators who also see charter schools as a weapon in a political fight against teachers unions to reform the larger school system and believe that the fight requires robust, hands-on organizing and lobbying efforts.

In recent years, operators who hold that view have seen their networks grow and win support from well-funded advocacy groups, particularly as many of their schools have outperformed their local districts and the city on state tests.

Several of the advocacy groups spearheaded today’s rally, set for City Hall Park at 3 p.m. Education Reform Now, which former Chancellor Joel Klein chaired until April, secured a permit for a crowd of 3,000 and is supplying the event with volunteers. Families for Excellent Schools, a parent organizing group, arranged busing and coordinated a steering committee. The five-member committee included representatives of four high-profile networks — Success Academy, KIPP, Uncommon Schools and Public Prep — and one independent school, Coney Island Preparatory Academy.

Last year, the charter sector held a 2,500-person-strong rally against the UFT and NAACP, which had filed suit to stop 18 charter schools from opening or expanding in city school buildings. Without the common foe, and with the prospect of competition for scarcer resources on the horizon, that unity has frayed this year.

“We have … chosen not to participate in this or any other event that perpetuates the exclusion of independent charter schools from leadership in directing and planning these events,” said Rafiq Kalad Id-Din, founder and principal of Teaching Firms of America Charter School, who helped organize last year’s rally.

Critics of today’s event said its leadership had created a major wedge.

Harvey Newman, who heads the Center for Educational Innovation’s charter support network, said the school leaders in his coalition felt the event was too closely aligned to the political agenda of Eva Moskowitz, the founder and CEO of the Success network. A former City Council education committee chair, Moskowitz has long represented the more radical wing of the charter movement, bringing busloads of parents to defend her network’s schools at public hearings and meetings where criticism is likely.

Newman said a representative of Moskowitz’s network approached him about signing on to the rally just days after Moskowitz indicated that she was considering a run for mayor.

“There was a sense that there is a political element to this, and people thought that demonstrations that looked like Eva’s demonstrations did more to divide than bridge,” said Newman.

Organizers for today’s event downplayed the tension and said the dissent did not represent a majority view.

“This is NOT about Eva in any way and it’s unfortunate that a tiny number of people feel that way,” Barbara Martinez, a spokeswoman for Uncommon Schools, wrote in an email. Eighty of the city’s 136 charter schools are expected to be represented at the rally, she said.

“It’s to show folks who might be running for mayor that there is a large number of us who support charter schools,” said Martinez. “We want to show them that we believe that some of the policies in place, such as co-location, works.”

But co-location — the city’s practice of handing space in public school buildings to charter schools at no cost — is precisely one of the issues where independent charter school operators say they have been pushed to the side.

A larger proportion of independent charter schools are housed in private space, and an operator who runs a school that did not get public space said high-profile charter networks were unfairly given “the first pick of the litter” when the city allocates space. Last fall that dynamic played out in District 15, where a long-planned independent charter school seeking public space was denied to make way for a Success Academy school.

Preserving co-location, which allowed charter schools to thrive under the Bloomberg administration, is the sector’s preeminent concern for the next mayoral administration.

“That’s definitely a key element that I think the group is going to want to convey,” said Coney Island Prep founder Jacob Mnookin about today’s rally, which he helped organize.

But even the leading charter school advocacy group in the city, the New York City Charter School Center, is staying away from the rally, sources close to the group confirmed.

CEO James Merriman said he was “supportive of schools and parents coming together to publicly support charter schools” but declined to comment on today’s event. Multiple sources said the center, which has lent resources and support to rallies in the past, had decided against participating in today’s event because of the leadership and timing tensions.

Several prominent charter network operators who serve on the center’s board are absent from the rally’s list of participants as well, including Jeff Litt of Icahn Charter Schools, Geoffrey Canada of Promise Academy Charter Schools, and Joseph Reich of Beginning with Children Charter Schools.

Also not on the agenda is Newark Mayor and “ed reform rock star” Cory Booker, who was billed as the keynote speaker in an email announcement sent late last week. The New York State Charter Schools Association sent the alert prematurely and had never confirmed Booker’s attendance, according to an official there.

Booker’s possible appearance triggered charter school opponents to organize a counter protest at the same time and place this afternoon. After learning that Booker would not attend, they sent out an updated media alert: “Keynote Speaker Cory Booker a No-Show; Why is He Hiding?”

Mnookin, of Coney Island Prep, said it’s essential that tensions within the charter sector not overwhelm the schools’ shared interests.

“Obviously, we have incredibly diverse and varied schools,” Mnookin said. “But the opportunity to come together as a united group is a huge benefit.”

The event falls at a time when most charter school days aren’t over and with the school year winding down, organizers said they didn’t expect every charter school to be represented at the rally.

Some charter school parents and organizers said they had gotten very little information about the rally.

A parent at a school that is not part of a network said parents had received a generic invitation through email late this morning. The invitation, a Word document created by Families for Excellent Schools, included the words “Insert school logo” and billed the rally as an end-of-year celebration.

“I don’t even know who is sponsoring it or what it is about, just that we are invited,” said the parent, whose school appeared on a list of confirmed participants provided by a rally organizer. “I doubt anyone would show with such little info.”

And Joanne Hunt, the principal of the independent Harbor Science and Arts Charter School, one of the city’s longest-running charter schools, wrote in an email that she hadn’t heard about the rally. “Was it publicized?” she asked.

  • Ellen

    The child using the wheel chair flips me out!  This from a unit of schools that routinely does not admit students with special needs and had to be forced to do so by legislation.  What chutzpah…what nerve…what …whatever!  These folks are without ethics.

  • guest

    hope it rains on their parade and I hope Eva is wearing (very expensive ones because she earns hundreds of thousands of dollars)  suede heels – wish she would be quiet and go away

  • http://ednotesonline.blogspot.com/ Norm

    “On the other side are operators who also see charter schools as a weapon
    in a political fight against teachers unions to reform the larger
    school system and believe that the fight requires robust, hands-on
    organizing and lobbying efforts.” You’ve got to be kidding! It’s all about the money for the big chains. Eva wants to make sure to get her 15%. And build a political machine for her political op. But it is capitalism after all and those small independent schools will ultimately be eaten by the biggies in their quest for more.

  • Mmadden831

    What happened to making sure all kids get a quality education. Who cares if it is being provided by a charter or non charter school. The bottom line should be quality education.
    i don’t know what Eva’s motives are but I do know my 9 year old receives an excellent education from harlem success academy. Far better than what I have seen in some other schools.

  • http://www.facebook.com/profile.php?id=100002397245457 Mary Conway-Spiegel

    Your child receiving an excellent education from HSA is wonderful, truly, but please realize it’s at the expense of other children…so we care…we really care, because while your child is thriving other children within the same building are paying/suffering.  There is nothing wrong with Charter Schools/a Charter Education; what’s wrong is co-location.  
    No one would “care” at all if Harlem Success Academy would lease its own space…then, “who cares” would really be applicable.

  • WAGPOPS!

    This is not just an issue of co-location. By Fall 2012, 29% of D14 kindergartners will be enrolled in charter schools, all while our public schools are NOT FAILING and under enrolled. Our census numbers show a significant decline in kids aged 0-5.  Increasing the amount of elementary schools in our district will negatively impact (it already is) the success of our public schools.  I’m not against choice, necessarily, but the impact of choice MUST be a part of policy making and community planning. 

    The current system of creating charter schools willy nilly doesn’t just render irrelevant any details in dissenting opinions (ad hominem attacks: “You’re just against charter schools/choice,” the system renders irrelevant community voice. That is both profoundly undemocratic and dangerously bad policymaking. 

  • BklynParent

    There are hundreds of co-locations in NYC school buildings. The vast majority of those co-locations are two (or more) traditional public schools sharing space in one building, not a charter and a traditional school sharing a space.

    It seems that opponents of the charters regularly use co-location as a primary argument for what’s wrong with them.

    If that’s truly the case, shouldn’t ALL co-locations be fought with the same vehemence? 

    As just one example of many, PS 8 in Brooklyn Heights is expanding to a middle school in the fall and will share space with the Westinghouse High School in downtown Brooklyn. While some Westinghouse parents have argued against the co-location, the issue received none of the outcry and attention that the proposed Success Charter co-location just a few blocks away did. Not sure what the difference is, except that the Brooklyn Heights parents are the ones with the political clout in this case.

  • Ken Hirsh

    Excellent question from BklynParent.  It would be great to read responses to this one.

  • VIVAteachers

    Thanks for this excellent reporting.  The charter school community has always grappled with the tension between scaling innovation and micro innovation.  It’s a tough balance but I think, personalities aside (as if,right!), that the sector has been pretty honest with itself about that tension.  Tightening public funding for education has made that tightrope even thinner, which is why it’s more apparent outside the movement now.   
    The bigger question is when are public administrators (and charter advocates) going to get honest about what the theory of change is with charters.  Islands of innovation and R&D play a tremendous role in intellectual progress–have you read that book about Bell Labs?  But, if the goal is a chess move in a power game, the broader, longer term impact is often either missed or quite light.  I’d like to hear the policy case for charters from management, once and for all.  Then the charter movement can fulfill its end of the bargain and we can all be a lot clearer about the value of the public resources invested in this approach to public education.

  • WAGPOPS!

    In response to those of you who think that the issue is exclusively about co-location, please read the WAGPOPS! response.  We take issue with the community impact of charter proliferation beyond co-location. D14 has a model for school choice in place, district-wide under-enrollment, and a decreasing population of children age 0-5.  You can read our comprehensive response to the two proposals for two charters designed for our district here:  http://www.scribd.com/gemnyc/d/94382088-WAGPOPS-Letter-to-Suny-Opposing-Citizens-of-the-World-Charter-Schools

  • Anonymous

    What’s the executive summary of the WAGPOPS! response? 

  • WAGPOPS!

    So sorry, KenMH.  After writing the 46 page letter, we didn’t have energy left for executive summary.  BUT, here are some hilites:
    - D14 has 9 magnet schools – a proven sustainable and equitable model for school choice. Our magnets represent a promise between the NYCDOE and the federal gov. to desegregate our schools.
    - D14 public schools have significantly higher ELL enrollment (up to 28% compared to 0%, 5%, and 10%).
    - D14 schools have much more diversity than any of our charter schools
    - D14 schools have trained teachers and higher staff stability.
    - the models for the schools are replicas of our existing public schools with significantly less opportunities for parent engagement.
    - the charter school proposals show a disturbingly casual policy for holding back students.
    - there was virtually no community outreach or feedback in either the Letter of Intent or the proposal.
    - As of Fall 2012, 29% of our D14 kindergartners will be enrolled in charter schools.  If these 2 proposals are accepted, 46% of our D14 kindergartners will be enrolled in charters.
    - ALL of our D14 schools are under enrolled, even high performing schools. Absolutely no one is forced to go to their zoned schools.
    - Census numbers are down for D14 for children 0-5.
    - The charter schools proposals are financially unsustainable.

    I do recommend reading it.  It’s pretty thorough.  And super disturbing that the only people who are otherwise allowed to address community impact are the charter school authorizers who are absolutely unfamiliar with the areas for which they are approving schools.  PARENTS wrote this.

  • Ken Hirsh

    Thanks WAGPOPS.  Interesting stuff.  It seems that since the district is under-enrolled that there is probably sufficient space for the new schools?  I know that’s not your point, but I’m curious if that is the case.  

  • WAGPOPS!

    Ken, the point is that D14 doesn’t need new schools at all. Our under-enrolled schools are far from failing. We have a school choice model in place. Even our A schools are under-enrolled. Adding more choices for the sake of choice defies reason and is simply bad public policy. If there are programs that parents want, our schools have been open to providing them. That’s how we have our dual language programs, for example.

  • Ken Hirsh

    I see your point, but, as you might imagine, there is another way to look at this (if I understand the facts).  It sounds like there is sufficient space for these new schools.  Maybe these charter schools can do even better for some students than the existing schools, even if those existing schools are far from failing.  I see both sides, but I like the idea of additional, differentiated choices.  I don’t know the details of D14, though, so thanks for the info.

  • Kiyanasmom

    So should one be forced to attend their local public school just because they live within the zone?? Charter or non charter our children deserve; not just a good education, but a great one. My daughter is a Success Academy student and I can not express how satisfied/pleased I am not just with the school, but with my daughters progress overall. I am blessed that she was accepted and  

  • WAGPOPS!

    No one in D14 is forced to attend their local public school. Between our 9 magnet schools and under-enrolled zoned schools, we have plenty of choices and we have great schools that are under-enrolled. D14 also has three Success Academies – which are under enrolled.  Eva Moskowitz spends a lot of time persuading parents that she’s the underdog and that charter school parents have to fight for their schools.  She constantly tells charter school parents that it’s a “risk” and that they have to take to the streets to keep their schools open against some perceived threat with a new mayor coming.  Eva goes on and on about how there just aren’t enough Success Academies to meet the demand. The reality? She manufactures the demand and makes money off of every child enrolled.  Eva just pushed to get her charter management organization (cmo) a huge increase all while her parents are told to back her up saying that the cmo needs the money.

  • http://ednotesonline.blogspot.com/ Norm

    Should one be forced to use their local police precinct or fire house or sanitation service or postal service or local city park (let’s put 2 competing ones next to each other so YOU can have choice). You don’t have to attend your local school like I did when I grew up. Parents determine the quality of a school as much as any other factor. It is interesting to know that there is a 35% chance your child will be out of HSA before he/she reaches 8th grade. And a 15% chance of being suspended. And that great phys ed program of walking up and down stairs for an hour after school.

  • http://ednotesonline.blogspot.com/ Norm

    Ken
    I get your theory. Maybe you should look for those devastated vacated neighborhoods in Florida that got hit by the mortgage crisis and build more houses so people who want to move in have more choice than those empty ones that already exist. If you took that business approach feel free to ask me for a loan to help you get back on your feet.

  • Ken Hirsh

    In other words, we shouldn’t allow for competition once there are enough people supplying a product or service?  Incumbent providers have used that argument for centuries.

    One can argue that the competitive process is too harsh for public education (I don’t buy it, but I think I understand the argument), but suggesting that competition is pointless once we have enough existing schools misses the point of competition.  

  • Williamsburggreenpointschools

    Ken, The argument that you’re making, that we can never have enough schools, regardless of the number of students, is very dangerous. That’s a different argument from school choice. That’s an argument for increasing the market for the sake of the market, at the expense of students and community. What evidence do you have that THAT model of restructuring education works?

  • Mr. Flerporillo

    I think a key factor in this analysis is who’s bearing the risk.  Competition for competition’s sake can be a good thing. But is it such a good thing that it should be subsidized by the state?  It’s one thing if a private actor wants to start a school to compete against existing public and private schools.  It’s another thing if the private actor wants to do this on the public’s dime.  When you put your own money (or even that of your investors) at risk, you assess the market differently than when you’re putting my money at risk. 

  • Ken Hirsh

    Interesting stuff.  The taxpayer is paying the same amount in either case.  The question, I think, is whether you believe that competition will give you a better result (based on whatever your objectives are).  I’m not sure I understand your point exactly, though.

  • Ken Hirsh

    It’s really just the usual argument that K-12 education would work better if it worked more like most (but not all) of the other parts of our society (including private schools, as an example).  We allow organizations and people to try to do things better than the incumbent models.  We don’t limit those attempts because we judge that there are “enough” choices already.  The goal is not to increase competition for the sake of competition.  The goal is to allow people who think they can add something to be given that chance (with varying amounts of regulation, oversight, etc., depending on the situation).  It’s possible that this approach is inappropriate for public schools, but I question the arguments that some commenters are using to discount it.  The “good enough” argument is a weak one, I think.  

  • Mr. Flerporillo

    It’s true that the taxpayer’s paying the same amount in the scenario (our scenario, basically) where taxes aren’t increased to raise new money to subsidize the new school.  But there’s still a state subsidy to the school that distorts what would otherwise be a more rational assessment of risk by someone deciding whether to open a new school.  If there are four Starbucks on my block, I might not open a fifth coffee shop if I have to take out a second mortgage to fund the venture.  But if the taxpayer pays for it, I just might give it a shot, since it’s no skin off my back if it fails. 

    Now, if the four Starbucks are all fully funded by tax dollars; serve the coffee for free; are staffed by unionized workers who can’t be terminated without a one-year arbitration process followed by judicial review; pay so much in pension and healthcare costs that each year they lose more and more baristas to attrition; and the current barista-to-customer ratio is so high that I can’t get a latte in less than an hour — in those circumstances, I could understand why someone might argue that we should start subsidizing different kinds of coffee shops.  Is that where we are?

  • Williamsburggreenpointschools

    Ken, What about the argument that flooding the market with choice when the students arent there negatively impacts the choices that we currently enjoy? When would it be ok to stop building schools? When we’re down to one kid for each school? There’s a lot of evidence that applying free market principles to public education doesn’t work. Can you point to some examples of where it does!

  • guest

    Flerpo – 3020a process is 90 days, not a year.That’s if you are referring to 3020a hearings as an arbitration.  There is no “judicial process” in addition to that as you state; the employee is terminated or not based on the outcome of that proceeding.   In addition, not all unionized workers in schools have tenure protections.  Also, teachers without tenure are at will employees. Stop making stuff up. 

  • Ken Hirsh

    Flerp,

    I’m not sure I’d use the same terminology.  I don’t think that the revenues that charter schools receive from per-pupil funding is analogous to a “subsidy”.  It is much closer to the government paying a private organization for a service.  For example, when the state buys computer software from Microsoft, they aren’t “subsidizing” Microsoft.  The government is getting a product or service in return.  

    It is true, I think, that there are some payments to charter schools that are, indeed, subsidies (e.g. startup grants from the federal government), but they are small versus the aggregate per-pupil fees that are paid charter schools to educate children.  

    Now, if the per-pupil amount paid to charter schools is excessive, I suppose the excess amount should be considered a subsidy.  However, since the per-pupil amount is basically the same as traditional public schools, this would represent shifting a subsidy rather than creating a new subsidy.  

    Finally, as a taxpayer, I think the real concerns could be a few (and I’m sure I’m missing some):
    1. Do I approve of private management of schools?
    2. Do I think these new operators will add value considering the array of incumbent schools?
    3. Could other operators do better?
    4. Do I think the number of schools will create increased fixed costs (e.g. more principals) that overwhelm the advantages of competition?

    To be clear, as a taxpayer, I think it is certainly possible (inevitable, actually) that governments will charter and parents will choose schools that I wouldn’t approve of.

  • Ken Hirsh

    We have a large private school sector in this country.  There is no limitation on the number of schools as far as I know.  That doesn’t count?

    Meanwhile, most other parts of our economy exist in markets in which new entrants are not prohibited.  The number of competitors is determined by competition, not government approval.  It isn’t perfect (or close to perfect!), but those parts of our economy usually have higher customer satisfaction than those sectors in which new entrants are frustrated by government limitations of competition.  Meanwhile, the number one factor in creating anti-competitive laws has been political efforts by the incumbent providers themselves.  

    To be fair, though, I know that their are many people that aren’t incumbent providers who’d prefer publicly-managed, community schools without competition.  

  • WAGPOPS!

    Ken, when it comes to urban planning, your argument simply doesn’t make sense.  We have space limitations (public space particularly), AND we have a limited amount of students in each district.

    Can you give an example of this kind of free market working in education and not business?  PLEASE?  There are plenty of different types of “school choice” models, and frankly, the idea that we can simply create more and more schools in an under-enrolled district sounds like pretty bad policy to me.  I’d need to see evidence that this is in our best interest before tax payer money gets thrown into this very risky plan.

  • Ken Hirsh

    I’ve mentioned private schools in every reply and you ignore it in every reply.   

  • Williamsbughreenpointschools

    And customer satisfaction hardly seems to play a role in this. Not does community satisfaction. Aren’t we the customers after all? And then there’s the problem with pretending that charter school accountability to the public.

    There are just so many problems with the model you’re proposing, Ken. I wish you would show examples of this type of rampant competition working for kids and school systems.

  • Williamsburggreenpointschools

    No one has a problem with opening as many private schools as customers want, but we’re talking about using tax payer money to open public schools regardless of the existing landscape of schools. You don’t point to examples of competition in local districts of opening endless public schools.

  • Ken Hirsh

    WAGPOPS,

    I’m not sure I see the difference between the private school situation and the public school situation with respect to the benefits of competition.  We are already using taxpayer money to pay for traditional public schools. We are talking about shifting that taxpayer money based on parental choice.  If the parents don’t want the new schools, the schools will be unable to survive.  If there is enough space for the new schools, we have a great opportunity for vibrant competition.  

    While private school systems have had unrestricted competition, I agree that public systems have been traditionally shielded from competition.  That’s the problem.  I think the benefits of competition shouldn’t just be for those that can afford private schools.  I know, though, that there are real concerns about private management and competition with regards to a traditionally public system.   

  • WAGPOPS!

    Ken, there are several substantial differences between the use of private funds vs. public funds. Here are just a few: 1) Public funds demand public accountability, not to mention democracy as part of the process. We do not see that happening with charter schools, particularly as charters are open for 5 years with no accountability and the process is far from transparent. 2) Democracy is supposed to be a part of the process of urban planning, and we see this erased with charter schools as well. 3) The resources (students) are scarce in D14. Opening new schools will mean strangling existing schools of resources in the name of choice. 

    What you are suggesting, again, is very different than offering choices to parents beyond their zoned schools.

    PLEASE point to a single example (a town, city, or district) of what you are suggesting (rampant competition and creation of new schools regardless of the educational landscape) working in the service of schools and community?  Don’t just say “private schools” and leave it at that. You’re suggesting some major changes that effect districts and I’m hoping that you have some real research and data to back up your proposal that creating new schools, regardless of the educational landscape, is in the best interest of students.

  • Ken Hirsh

    I’m not a huge fan of academic study debates in comment sections because:
    1. Most of the people debating don’t understand the studies they are talking about.  (Perhaps including me!)
    2. So many of the studies are crap put out by special interest groups.
    3. So many people have no faith in studies that disagree with their priors.

    With that said, here is a blog post that talks about a review of the research of the effect of vouchers (one form of “rampant” competition) on students that participate AND on the public systems in which vouchers are introduced:

    http://jaypgreene.com/category/competitive-effects/

    Out of 19 studies, all but one found positive effects and none found negative effects.   

  • Ken Hirsh
  • Mr. Flerporillo

    “Flerpo – 3020a process is 90 days, not a year.That’s if you are referring to 3020a hearings as an arbitration.  There is no “judicial process” in addition to that as you state; the employee is terminated or not based on the outcome of that proceeding. 
      In addition, not all unionized workers in schools have tenure protections.  Also, teachers without tenure are at will employees. Stop making stuff up.”

    There is something amusing about being charged with “making stuff up” in the context of a hypothetical about a state-run Starbucks cafe monopoly. To your specific points, I’m not aware of any recent surveys about how long the 3020-a process is taking these days.  If you are, I’d love to see them.  Last I checked, the average 3020-a process took more than a year-and-a-half to conclude.  Note that just because the statute sets out a 90-day timeframe (it’s actually more like 115 days, when you count the filing of charges and the preliminary conference) doesn’t mean that the process can’t exceed that timeframe substantially.  And yes, you can challenge the hearing officer’s decision in state court and win reinstatement.  And the city can appeal that court’s decision if it overturns the hearing officer’s decision.  

  • WAGPOPS!

    Ken, We don’t even to read that to know that the argument is irrelevant.  
    Vouchers do not mean new schools.  Vouchers are public money to go to private schools.  I’m looking for examples of the endless creation of new schools being in the best interest of communities that are under-enrolled.  The argument for/against vouchers is a different argument.

  • guest

    Flerpo – I did not say anything about your Starbucks analogy.  That speaks for itself.  I was referring to your comments on unionized workers and 3020 a.  I find it amusing that an attorney has issues with reading comprehension. ”I am not aware of any surveys about how long the 3020a process is taking these days.” Doesn’t stop you from saying they take a year, year and a half, whatever, does it?  Would you include, in your “survey”, the many cases settled prior to the hearing, or within the 90 day period?  Wouldn’t that affect your average case length?  You were being deliberately disingenous when you referred to another “judicial review” .  A challenge to the hearing officer’s decision or an appeal from the City isn’t a part of the process any more than an appeal is for any other conviction or finding.  All rulings aren’t appealed are they?  You referred to all unionized workers in schools as having tenure protections, and left out that for at least a 3 year period (now more like 5 – 6 years with extensions of probation) that teachers are at will employees and leaving out thousands who are not tenure eligible.  That also is disingenous.

  • Mr. Flerporillo

    1.  Like I said, I don’t actually know what the average length of the 3020-a process is these days.  I guess you don’t either.  Maybe someone else here does?  I do know that in recent years it was around 500 days.
     
    2. Yes, including cases that settle prior to a hearing or a decision would reduce the average length of the process.

    3.  I didn’t write that or suggest that judicial review was “a part of the [3020-a] process.”  I referred to a “one-year arbitration process followed by judicial review.”  So (1) a process that is (2) followed by judicial review.  That’s what it is.  I don’t know how else to describe it without upsetting you.

    4   “All rulings aren’t appealed are they?”  No.

    5. “You referred to all unionized workers in schools as having tenure protections” No, I referred to a group of unionized Starbucks employees has having tenure protections.  The Starbucks analogy was a crude device designed to response to Ken’s points about competition.  It wasn’t an allegory for the NY Education Law.

    Good night. Manny Pacquaio just got robbed.

  • Ken Hirsh

    “Endless” might be an exaggeration, but, to your point, I haven’t seen any such study in the past.  I don’t understand why this particular set of facts would be problematic, though.  I view the excess space as a good thing that allows for more choices and competition.  You seem to view the under-enrollment as a fact that makes new competition unnecessary or unusually harmful.  We might have to disagree as to the possibility of “excess competition”.   

  • WAGPOPS!

    Ken, I understand what you are saying, but at what point would YOU think that enough is enough. I’m not talking about “excess space,” Ken. I’m talking about not having enough students in our district.  Why would we create schools to house fewer and fewer students?  Eventually we will end up with “school of one.”  

    The idea that competition is good for schools to the degree that you recommend is not backed by evidence. If you can point to a single positive example of school proliferation at the scale that you are recommending (where there are never enough choices of schools), then you would sound more credible.

    Also, does 3 Success Academies in D14 really count as competition between schools?  They don’t compete with each other. This idea of competition isn’t generating exciting new choices – we just got another 2 proposals for K-5 schools in D14 earlier in the week – A Beginning with Children THREE!  And an Ascend Charter School.  Boy is it hard to tell the difference between Ascend and Success Academy. It’s like choosing between Burger King and Wendys.

    The NYC Charter School Center just lumps together all charter school applications as political power to create more schools so the competition is really just between NYC DOE vs. Charters.

  • WAGPOPS!

    The end result of your plan sounds like utter chaos – with the opening and closing of schools willy nilly.  Innovation isn’t just brought about by competition, Ken.  Schools aren’t like restaurants or shops. Stability and sustainability matters.

  • Ken Hirsh

    Good stuff.  First, my argument is a general one — I don’t know enough about your district to comment on any of the schools or school choices in particular.  In general, though, there is no end to the competitive process.  There is no point in which we decide that schools are “good enough” and, therefore, we won’t allow new entrants.  Of course, the better the schools are, the less likely that people view it as worthwhile to compete.

    This approach is, in some regards, messier than disallowing new entrants. The argument is that the benefits of allowing competition outweigh the costs of this process.  There are, of course, a multitude of examples of competition leading to improved outcomes, but, I don’t know of an example precisely like the current situation in your district.  

  • WAGPOPS!

    But that is PRECISELY the problem that we have in our district, Ken.  We have excellent under-enrolled schools.  AND they don’t have the marketing budgets that these charter schools have.  The competition is geared AGAINST public schools and in favor of opening new schools regardless of demand (frequently manufactured by out-of-district interests). The NYC DOE doesn’t even allow public schools to photograph their own children. Compare that with the expensive professional photography and glossy brochures that the charter schools have and you’re looking at a substantial advantage that has little to do with education and informed decisions.

  • Ken Hirsh

    Understood.  Marketing is a part of competition and it often seems unfair.  Like the other issues we’ve discussed, there is a cost-benefit question here: one has to balance the benefits of getting parents informed with the risk that they are being misinformed.  

    If the incumbent schools are excellent, I hope you all can get that message out there.  In general, with big decisions like schooling, incumbency is a giant advantage.  Many parents don’t want to take a risk on a new school.   

  • WAGPOPS!

    We’re trying to get the message out there, but this climate makes it difficult.  A bunch of WAPOPS! parents went to the Success Academy Williamsburg’s “Meet the Principals” event to welcome those families to meet OUR schools principals. We are parents, not teachers or administrators and certainly not union. The parents that we spoke to were surprised to find that the two schools in the neighboring area of where Success Academy plans to co-locate are not just NOT failing, but thriving with a diverse community of parents who are very happy and welcoming. AND there’s room for their kids at our schools. These parents believed the hype that NYC DOE is a sinking ship until they were informed otherwise.

    It would be a LOT easier to promote our schools if the NYC DOE weren’t working against us by selling our kids’ addresses to Success Academy, promoting Success Academy as a better option than neighborhood schools, and talking about test scores and school grades as the ultimate predictor of learning in the classroom.

    The benefits of incumbency may not apply to schools, Ken. We’ve found a number of parents believe that “newer is better,” for no real reason, just because they think that “starting from scratch” will allow them input.  Until they pierce through the veil of promises. We persuaded many parents who were initially in support of the two Citizens of the World charter schools to alter their support when we unpacked the lengthy proposals for them.  But, again, we are parent volunteers, not the paid charter school employees that are part of the extensive and well-paid marketing arm of the charter school industry.  

    If we’re going to have a real competition here (and we most definitely disagree on the benefits of this), let’s level the playing field and investigate the New Market Tax Credits, the advertising dollars, the regulations surrounding advertising schools, and the wide variety of other factors that impact the notion that choice will be as free as the market.

  • Ken Hirsh

    Thanks for all of this.  

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