GothamSchools — daily independent reporting on NYC public schools

target practice

Moskowitz to authorizers: Reject high-need enrollment targets

The head of one of the city’s largest charter school networks is calling on state charter authorizers to reject a law that requires schools to serve a larger share of high-needs students.

The law, Success Academy Charter Schools CEO Eva Moskowitz wrote in a letter to authorizers this month, creates “perverse incentives” for charter schools to “over-identify” students in high-needs categories, an effect that she said would do more harm than good for children.

“We urge you not to impose any enrollment and retention targets,” Moskowitz wrote to the New York State Education Department and SUNY Charter Schools Institute, which are charged with enforcing the law. “Instead, we request that you partner with us in going to Albany to change this poorly-thought-out legislation.”

The mandate for charter schools to enroll more high-needs students was established in 2010 when lawmakers passed the Race to the Top bill. A charter sector self-assessment earlier this year found that a large majority of charter schools still served lower proportions of poor, special-needs and English language learning students than their districts.

It’s taken some time to iron out the details, but last month authorizers proposed a method of calculating the targets that they intend to use. The proposal is a complex methodology that would assign enrollment targets to each charter school based on the overall ratio of high-needs students in school districts where they operate. Schools that repeatedly fail to comply could be closed.

In response to the proposal, some in the charter sector have raised concerns. In its public comment, the New York Charter School Association suggested to authorizers that they create a single metric to hold schools accountable for their enrollment, rather than separate metrics for each different enrollment target. NYCSA is concerned that if a school serves a large proportion of students in a high-need category, such as poverty, it could still be penalized for under-enrolling in another category, such as special education or ELL.

But the most radical proposal was left to Moskowitz, who rejects the target plans outright.

This is not the first time a Success official has urged caution over charter school regulations. A week after the enrollment targets were proposed, Success’ General Counsel Emily Kim said that she believed any regulation that was not encouraging schools to move students toward more general education settings was sending the wrong message.

At the heart of the Success network’s concerns is the belief that many district schools too easily classify students as high-needs and then don’t work hard enough to declassify them, in part because schools received additional funding to provide these services.

“Poorly designed financial incentives and a dense bureaucracy have turned the city’s ELL programs into a parking lot – a place where students sit idly for years without hope of mastering essential skills and accelerating their academic progress,” concludes a report on the city’s ELL population that Success released last year. The report found that about one-third of the city’s English language learners failed to test out of the program for seven consecutive years.

Moskowitz said since her schools excel at declassifying ELL students authorizers could slap her with being out of compliance in middle school grades because most of her students would be declassified by then.

“Bizarrely, our successful education of ELL students will actually put us out of compliance with the proposed ELL targets,” Moskowitz wrote.

Critics of Moskowitz and the Success charter network have raised their own concerns about the schools’ rate of student attrition and it’s unclear how many students who leave the schools are identified as high-needs. Roughly one third of students in Harlem Success Academy I’s first two cohorts have left the school over the course of elementary school, according to state data..

State education officials have said their jobs weren’t to change the law, but rather implement it in the fairest way possible. As part of that effort, they created a provision that would give credit to schools – such as Moskowitz’s – that declassified students at higher rates than the district average. The provision would credit to any student who was classified as ELL or special education at any point in the last three years, even if they were later declassified.

But charter school advocates said that wasn’t going far enough. NYCSA suggested in its public comment that the “three-year-lag” be extended for the entirety of the student’s time in a school.

Officials for both SUNY and SED did not respond to comment about Moskowitz’s letter or about whether they would change their proposal in response to the suggestions. SED published a FAQ based on feedback it received in the public comment section, but did not respond to Moskowitz’s call to lobby the state.

Eva Moskowitz letter to charter authorizers regarding Enrollment and Retention Targets

  • TeachmyclassMrMayor

    I know I am shocked by this. Maybe not.

  • Clay

    Her spin is pathetic. I bet she would melt if water was thrown on her.

  • guest

    still hope she breaks one of her Manolo heels – I can’t afford them but when you make at least $350,000 a year I guess you can. and clay you are right – if she isn’t careful her real self is going to be exposed soon – she is gross.

  • Williamsburggreenpointschools

    In D14, charters enroll less of all targets including free and reduced lunch.

  • Dr.

    She is a coward and the teachers at her school are too inexperienced and ignorant to do the job that courageous educators in the PUBLIC school system do everyday.

  • Teach

    As a Success teacher and a former DOE teacher of ELLs, I understand and support what Moskowitz’s letter is trying to achieve.  I think Success and similar schools doe a good job of declassifying both its SPED population and its ELLs (I understand arguments can be made about difference of students, but I don’t honestly see a major difference between my students now and when I worked in the DOE).

    DOE schools receive significant title III funds for ESL students. It changes both teaching practices and outcomes.

    I also dislike how this article implies the 30% of students who leave are probably leaving because of high-need reasons.  In my class, 3 of 30 are not coming back, all are moving either to a different borough, city, or state. Can we find a comparable school to see if the attrition rate is meaningful.

  • Ken Hirsh

    Good story.  In the very least, the 3-year lag makes no sense.  If they use target percentages at all, it seems to me that those percentages should only apply to incoming students.  Schools shouldn’t be penalized for graduating their students from ELL and SWD status.  

  • Ellen Mc Hugh

    awww……poor little Eva, she might have to take in and keep a population that is reflective of our city instead of just the ones she likes
    and remember, the purpose of charters was to take in a similar population and become a laboratory for new and innovative methods
    and for Teach, the idea that you, as a teacher, can refer to children as speds or ells is very upsetting.  That’s my child and he isn’t a category or a type, he’s a child.  Your use of those shorthand phrases makes me think of phrases such as  “he can’t talk, he’s dumb”  or “he can’t walk, he’s a wheelchair’

  • http://twitter.com/BNiche B

    “(The Title III money) changes both teaching practices and outcomes.”

    How so, in your experience as a Success teacher? What do you do differently as a Success teacher that teachers in district schools don’t? I am more curious because my co-teacher and I were able to help 5 out of 8 students pass out of the NYSESLAT test last year in an ICT classroom and I teach in a district school in a district with a very large number of students who receive English Language Learner services.

    In addition, as a former student who received special education services growing up and is now a provider of special education services in an ICT classroom, I join with @e15b214830d6a6460db14967ac07b39c:disqus in saying that classifying students by a label (SPED, ELL, etc.) does a child a bit of an injustice. Labels can seriously hurt, especially a teacher’s perspective of a child. I felt that quite a bit growing up and those labels stick with you for years. Special education isn’t a location or a label, it’s a service mandated by a student’s IEP to be administered for the benefit of the child. Same with the English Language Learner label and it being mandated by law.

  • Vote NO!

    I’d  imagine  there   are  more  high  needs  students  enrolled  in  any  one  of  the  24  “turnaround”  schools  than  there  are  in  the  entire  “Success”  charter  network.

  • Teach

    Congratulations on your 5 kids who passed the NYSESLAT.  I only know my former school and my current school.  I agree with your second paragraph completely! Labels do a complete disservice.

  • Guest

    HSA would have more credibility if they hit enrollment targets with incoming students. When they miss those their whole proposal sound disingenuous.

    There also isn’t much subjectivity in the identification of ELL students. They are identified based on the NYSESLAT exam. I don’t understand how schools could over identify ELLs without committing fraud.

  • http://twitter.com/BNiche B

    Thank you, @9e53557914a55deb5dc339409a03dc08:disqus , but still, I’m curious: what does Success do differently than your district school that you taught at previously?

  • Dr.

    What is Moskowitz so afraid of? If the teachers at Success Charters are half as good as Moskowitz says they are, shouldn’t they be serving higher percentages of special needs students instead of pushing them out of her schools?

  • district 13 mom

    i don’t know enough about how SPED and ELL categorizations work, but isn’t this focus just a smokescreen for Success Networks?  isn’t the real threat to them here that enforced at-risk goals would torpedo their new push to open schools in gentrifying areas?  their applications for these new schools in areas like clinton hill, prospect heights and williamsburg explicitly state that they will attempt to recruit an overrepresentation of affluent kids.  how can they do that under these rules? 

  • Bigseancrowley

    Cherry picking in the charters? Why I’m shocked. Shocked I tell you. Round up the union suspects.

  • Concerned Teacher

    Taking the same number of the special needs and ELL students would completely defeat the charter schools ability to manipulate the data and also their claims of success.  Not all ELL students come in the system at the same level in their native languages.  Before any claims of moving kids out of ELL are made by Success Academy people, you must know where they started otherwise your arguments are spurious and usual.  Attrition rates must also be considered before any data even comes close to being reliable. 

  • WAGPOPS!

    You don’t see a major difference between the students you taught between Success and the DOE?  The data proves you wrong.  In D14, none of our charter schools educate ELLs to the degree that our neighborhood public schools do.  Here are the stats for our 4 schools:  0%, 7%, 8%, 10%.  In the immediate area where Success Academy plans to co-locate, the schools have 28% and 29% enrollment of ELLs.

    When Success Academy’s Student Handbook and enrollment forms are only available in English, it’s kind of hard to believe that Success Academy is making any efforts to attract ELLs. 

    http://ednotesonline.blogspot.com/2012/04/success-academy-family-handbook-only.html

    The data is just as appalling when it comes to families that qualify for Free and Reduced Lunch.  Our D14 charter schools have 20-30% fewer families who qualify for Free and Reduced Lunch.  

    There needs to be a LOT more transparency in attrition and enrollment.

  • Lisa Donlan, CEC 1 President

    Eva’s hubby, Grannis,  through a couple of his lawyer friend board members (Ryan and Godsil are on the Tapestry board, along w/ Girls Prep’s CMO  Chair Brian Laurence and Gideon Stein Chair of  HSA5/UWS, 
    http://tapestryproject.org/team.html ) made a very similar ask (below) regarding FRLP targets, claiming that requiring charters to meet district averages for poverty would create segregation.
     Interesting how segregated the charters have been BEFORE the law was passed and continue to be prior to any mechanisms for enforcement, and how little these folks at 10,000 feet seem to understand segregation WITHIN urban community districts. I find it disturbing that academics and researchers,  who really should know better, have been hoodwinked into signing on to a letter advocating that laws protecting the 96% of students in public schools should be thrown out to create a special status for the 4% in charters. All of this charter lobby push back to legal measures to create a level playing field for the “choice”-based competition of the supposed “free market” edubusiness makes crystal clear that charters are an unregulated, unsustainable model that can only thrive by creaming and skimming.May 29, 2012SUNY Charter Schools Institute Attn: Webinar Feedback 41 State Street, Suite 700 Albany, New York 12207Email: TargetsWebinar@suny.eduRe: Proposed Methodology for Establishing Enrollment and Retention Targets http://www.p12.nysed.gov/psc/enrollment-retention-targets.htmlDear Colleagues,The undersigned educational researchers are writing to express concerns regarding the proposed enrollment and retention targets for charter schools in New York. We are committed to the proposal’s underlying goal of ensuring that our state’s most vulnerable students have access to high quality schools. Requiring charter schools to provide greater access to Students with Disabilities by ensuring that such schools mirror the local school district average is consistent with this goal. However, the mandate that each charter school replicate the free and reduced price lunch rate for the district is not.If all school districts were socio-economically diverse, the enrollment mandate would serve the laudable purpose of ensuring that charter schools are not segregated economically. But in districts where the public schools are serving predominantly poor children, the enrollment mandate will require that charter schools be as economically segregated as the district’s schools. And in light of racially and economically segregated housing patterns in New York City, this regulation will increase rather than decrease the number of schools that are both racially isolated and economically homogenous.This is a mistake. High-poverty schools do sometimes succeed, and where high-poverty schools are unavoidable, of course, every effort should be made to give students an excellent education in those schools, regardless of the demographics. However, where it is possible to create diverse rather than economically isolated schools, regulations ought to support such opportunities. Decades of social science research show that economically and racially integrated schools are educationally beneficial to children of all income levels. The preponderance of social science disseminated in the past 20 years indicates that the SES composition of schools significantly contributes to the quality of their educational opportunities, and when compared with their otherwise comparable peers who attend schools with high concentrations of low-income and /or disadvantaged youth, students who attend diverse schools are more likely:- To achieve higher test scores and grades;- To graduate from high school;- And to attend and graduate from college. Attending a diverse school promotes achievement in mathematics, science, language and reading. Achievement benefits accrue to students in all grades but most markedly those in middle and high school. Youth from all racial and SES backgrounds can benefit from diverse learning schools—including middle class whites. Low-income youth appear to benefit the most from diverse schools. (What Social Science Research from the Last 20 Years Says About the Effects of Integrated Education on Achievement Outcomes, (Roslyn Arlin Mickelson 2010)).We support the general goal of inclusion embodied in the enrollment and retention targets, and we don’t believe that public charter schools should be permitted to become enclaves for white and middle class flight (as some public schools have become). But inclusion need not be achieved at the expense of diversity. Public charter schools can be required to actively recruit very low income children and at the same time set diversity goals to ensure a racial and economic mix that reflects the diverse population of the city and region. Strict adherence to the existing profile of a poverty concentrated school district (and refusing to permit enrollment from beyond the district border) will only serve to create more segregated schools.To best serve the educational and social needs of all students, both charter and traditional public schools should be attempting to diversify their student bodies and New York State laws and regulations should support this effort – not render it extremely unlikely except in areas that have already achieved some level of integration.Sincerely,Susan Eaton James Ryan Research Director William L. Matheson & Robert Charles Hamilton Houston Morgenthau Distinguished Professor of Law Institute for Race and Justice F. Palmer Weber Research Professor of Harvard Law School Civil Liberties and Human Rights Director, Program in Law and Public James Forman Jr. ServiceClinical Professor of Law University of Virginia School of LawYale Law SchoolRachel D. GodsilEleanor Bontecou Professor of LawSeton Hall University Law SchoolDaniel LosenDirector, Center for Civil Rights RemediesCivil Rights Project/Proyecto Derechos Civiles Univ. of California, Los AngelesGary Orfield Professor of Education, Law, Political Science and Urban Planning Co-Director, Civil Rights Project/Proyecto Derechos Civiles Univ. of California, Los Angeles

  • Jim Devor

    This is truly a distraction. 

    At least when I used the calculator for D15 , the targets were both reasonable and doable (and higher than Eva’s “generous” pledge for a twenty percent ELL admissions quota to replace the 100% ELL and kids zoned for “failing schools” preferences she originally promised)

    BUT, as per the official FAQ, there is NO MEANINGFUL ENFORCEMENT MECHANISM. 

    Thus, as per the answer to Q19, the use of a “checklist” to determine whether or not a Charter has made a ‘good faith effort’ to comply with enrollment and retention mandates was rejected.  

    Even worse, as per its answer to Q9, CSI has explicitly endorsed a ‘ten year window’ before action can be taken to revoke a Charter for failure to meet minimum admissions/retention targets.  In other words, the EARLIEST time a miscreant Charter would be held accountable would be AFTER THE COMPLETION of its RENEWAL.

    As I and Rabbi Hillel are wont to say, “the rest is commentary.”

  • Tim

    Here is NYSED’s flow chart for screening, assessing, placing, and reassessing ELLs: 

    http://www.p12.nysed.gov/apda/lab_r/lep-09.pdf

    Can someone (I’m asking honestly) tell me where there is room in this process for ‘over-identifying” ELLs, particularly for a child first entering the school system, be it in K or as a newly arrived immigrant entering a higher grade? 

    As for reassessment, it doesn’t seem likely to me that district schools would be committing test fraud on a widespread basis (for a taste of the stakes and the security, see here: http://www.p12.nysed.gov/apda/lab_r/1346-12.pdf), or that there’s much incentive for them to intentionally undereducate a subgroup that gives them the most bang for the buck when it comes to improving/maintaining a school’s letter grade. 

    This is all a very pleasant and interesting diversion, of course, from the central issue, which is that charters aren’t starting out with anywhere near the same amount of ELLs (or special ed or economically disadvantaged students) as their district counterparts. But it was a pretty good try!

  • Ken Hirsh

    So does everyone agree that if we use target percentages that they should only apply to incoming students?  

  • WAGPOPS!

    Retention matters as well, Ken.  When Success Academy loses 36% of their students by 3rd grade, it would be helpful to ensure that they’re not all her ELLs or kids with IEPs.  

    Jim hit the nail on the head.  I’m not sure why Eva is complaining when there’s no teeth to these requirements anyway.  

  • Ken Hirsh

    Good point about retention.  But that would be satisfied by counting students as ELL/IEP for the entire duration of their schooling at a given charter school if they entered the school as ELL/IEP.  Right?  (In fact, the correct metric would give charter schools an added incentive to retain these students.)  

    Meanwhile, regardless of the teeth, don’t you think that Success and other charter schools would be attacked with the faulty metrics if they are allowed to stand?

  • Teach

    In terms of your first question (over identification of ELLs), it can easily be done by the home language survey with parents who are bilingual.  They will be extremely confused by this document even if they speak only english as home but know spanish.  If the home is determined to have a ‘dominant’ language other than english (determiend by the confusing home language survey) the child takes a test called the lab-r.  

    While this is not tested or research based, I would bet 50% or more below grade level students would fail the lab-r even if they spoke fluent english.  I know for example, that the current kindergarten tests require them to have mastery of their letters.  In many schools, students are not entering kindergarten with mastery of letters.  Thus, over identification.

    A school not concerned with numbers of high needs students would work with parents on the home language survey to determine the actual dominant language of the household.

  • Tim

    So you’re saying that the ELL numbers are inflated because the parents of four- and five-year-olds, who have somehow at a young age picked up a degree of fluency in another language (Spanish, Arabic, Fukienese, whatever) despite living in a household that speaks only English, are being confused by a questionnaire that’s offered in printed form in 13 languages and can be administered verbally in many more?  And that Success “works with parents” by somehow clearing up this “confusion”? http://www.p12.nysed.gov/biling/bilinged/pub/hlq.html

    I think a more plausible theory is that the Success Network’s failure to connect with communities with high concentrations of non-native speakers, plus the selection bias created by the lottery process itself, has perhaps left you with a blinkered view of the process. I would love to hear the reaction of teachers and admins working in Districts 6, 7, 9, 24, and 30 to your theory.

  • Brooklyner

    I agree that the percentage targets should only apply to incoming students, but and also believe that there should be a target for retaining these students, NOT for retaining them in a more restrictive setting. The school isn’t doing it’s job if it enrolls 20% ELL students and loses half of them, but they also aren’t doing their job if they enroll 20% ELL students and 5 years later those 20% are still ELL.

  • http://twitter.com/leoniehaimson leonie haimson

    So whatever their lame reasons for not having to enroll comparable numbers of ELL or special ed students (which are hard to swallow to say the least); what is their excuse for not wanting to enroll comparable percentages of poor students?

Tips, questions, feedback?

Contact us at .

Word from Our Sponsor

Follow GothamSchools

RSS
Subscribe to the daily email digest:

Chalk It Up

Recent Comments

18 comments so far today

Events Calendar

Archives

May 2013
M T W T F S S
« Apr  
 12345
6789101112
13141516171819
20212223242526
2728293031