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Principals and superintendents suspended a disproportionally high number of black and special needs students last year, according to data the Department of Education released today to comply with a new law.

Of the 73,441 suspensions in the 2010-2011 school year, more than 50 percent were black and thirty percent had individualized education plans, according to the data. In contrast, black students make up 33 percent of city enrollment and students requiring special education services make up 17 percent.

“These are outrageous numbers,” said Udi Ofer, Advocacy Director for New York Civil Liberties Union, a group that has closely followed suspension data for more than a decade. “It shows a policy and practice that has a grossly disproportionate impact on black and special needs children.”

It is the first time that the DOE is providing disaggregated data about student suspensions to the public under the Student Safety Act, which City Council passed last year after years of lobbying by NYCLU and other advocacy groups. In previous years, the DOE has only been required to release overall suspensions under state law. (more…)

Principal William Jusino of Progress High School at the NYCLU press conference. (GothamSchools)

Many city schools rely on metal detectors, security guards, and zero-tolerance policies to keep discipline under control. They don’t have to, according to a new report about alternate strategies to keep schools safe.

The report, produced by the New York Civil Liberties Union and the Annenberg Institute for School Reform, highlights six city high schools that stop problems before they start, help students resolve their own disputes, and keep police out of all but the most serious incidents. The schools range in size and how students are admitted, but they all post higher-than-average graduation rates, the report says.

“There is no cookie-cutter solution” to replicating the gentler approach to discipline, said NYCLU policy director Udi Ofer at a press conference today. But he said getting rid of metal detectors, currently in place at about 130 city schools, is a good place to start. (more…)

The mayor and chancellor say a post-mayoral control world would be fraught with litigation. But it’s not clear who would be filing the lawsuits.

Some of the most obvious potential litigants said today that as long as Mayor Bloomberg follows the new law, they want to stay out of court. They say they will trust that Mayor Bloomberg plans to respect the current law’s expiration if a new city school board is convened on Wednesday. That board would have only two mayoral appointees.

“If the mayor acts in good faith on that measure, at least changing the structure on top, then I think its wrong to foresee any potential litigation,” said Udi Ofer, the policy director of the New York Civil Liberties Union, which has been agnostic on the principle of mayoral control.

But a DOE official said the city is worried most about litigation coming not from good-government groups but from individual teachers, principals, and vendors with gripes against the system.

“Every decision has a winner and a loser, and a loser would argue that the person who made the decision didn’t have the authority to do it,” the official said. For example, a teacher who was fired could argue that the principal who initiated his termination was not legally appointed, the official suggested. (more…)

A 1998 agreement that gives the city’s police department control over school safety is still in effect, despite city officials’ insistence that it had expired more than six years ago.

The revelation has advocates and elected officials lambasting the city for not disclosing the agreement’s extension.

The original agreement, between Mayor Rudy Giuliani and then-Board of Education President William Thompson, was set to expire in 2002 and was widely assumed to have done so. But in fact, Mayor Bloomberg and Schools Chancellor Joel Klein quietly renewed the agreement in January 2003.

The renewal came to light for the first time this month, after Assemblyman Karim Camara urged his colleagues to consider school safety issues when deciding how to vote on mayoral control, according to Udi Ofer, director of advocacy for the New York Civil Liberties Union. The NYCLU was working with legislators to raise the profile of school safety in the mayoral control fight.

When Camara met with Assembly Speaker Sheldon Silver, Silver showed him a copy of the memorandum’s renewal, Ofer said. The paragraph-long agreement was signed by Bloomberg and Klein on Jan. 22, 2003, and does not include an expiration date.

The renewal contradicts information the City Council received during a 2007 hearing on school safety, where council members repeatedly asked whether any formal document existed to define the relationship between the city schools and the police department. (more…)

Mayor Bloomberg’s school leadership has been characterized by secrecy, defiance of the law, and a heavy hand in school discipline, the New York Civil Liberties Union declared today in a report titled “The Price of Power.”

The report details NYCLU’s experiences with the Bloomberg-controlled Department of Education stalling on responding to Freedom of Information Law requests, refusing to comply with student safety-related laws passed by the City Council, and refusing to provide basic data about military recruitment that the organization said the U.S. Armed Forces provided freely.

The report deliberately avoids some of the major questions of the debate about mayoral control of the city’s schools, including whether the mayor should appoint the chancellor and whether the mayor should control the number of seats on the citywide school board. But it does offer recommendations on the law, which is set to sunset June 30 if it’s not renewed or revised.

The recommendations include making the public school system a city, rather than state, agency, which would bring it under a slate of good governance regulations about public notification of policy changes; opening the school system to audits by the city comptroller and public advocate; and requiring that schools contracts get publicly vetted.

Transforming the Department of Education into a city agency would also allow the City Council to make laws about the public schools that the DOE would be accountable for implementing. Like others recommending changes to mayoral control, NYCLU is saying that the city’s Independent Budget Office should get the right to receive and review DOE data, but the group adds the idea that the department needs an “inspector general” who would investigate systemic wrongdoing. (more…)

Last week one state politician said he would revamp mayoral control by changing who makes decisions about school policy. Two others said they are proposing legislation that would take a different approach to reforming school governance, by clarifying the constraints under which current decision-makers must operate.

Two state politicians, Assemblyman Rory Lancman and Sen. Daniel Squadron of Brooklyn, announced last week that they have introduced legislation that would require the city Department of Education to be treated just like any other city agency when it comes to budgeting, oversight by the comptroller and public advocate, and public notification about policy changes. Currently, the department occupies a no-man’s-land between city and state authority, a position that has allowed the DOE to escape some of the scrutiny regularly applied to other city agencies and to avoid following laws passed by the City Council.

Lancman and Squadron say their bill is not meant as a comprehensive way to address the school governance question, which lawmakers must tackle by the end of next month. Instead, they say, it’s meant to close a big loophole in the law that has been open since 2002, when the state gave control of the city schools to Mayor Bloomberg. The loophole allowed the nonprofit organization that raises money for the DOE, the Fund for Public Schools, to avoid disclosing its donors, saying that disclosure rules apply only to groups working with city agencies. The DOE has also used the loophole to justify its decision not to follow state law that says elected parent councils must be consulted before the department can close schools.

Lancman told me he doesn’t expect the bill to become law, in part because it addresses only one component of the school governance question. The final school governance bill will deal with other issues including the makeup of the school board, currently known as the Panel for Educational Policy, and how much input parents should have in DOE decisions. Lancman told me he sponsored a partial bill to raise awareness about the particular issue of whether the DOE should be a city agency. “This legislation is a vehicle for driving this issue into the final bill,” he said.

Lancman and Squadron’s bill would firmly establish the DOE as a city agency. (more…)