John Merrow’s PBS segment about suspensions of 5- and 6-year old children at Eva Moskowitz’s Success Academy created quite a stir.
Eva was outraged by Merrow’s interview, even though he said some very positive things about her schools, pointing to very high test scores, parent satisfaction, and the arts.
What outraged her was Merrow’s focus on suspensions, especially his on-camera interview of a child who had left Success Academy after multiple suspensions, as well as his mother.
Eva responded with a long angry letter, revealing in full detail the disciplinary record of the boy and demanding an apology to her from PBS and Merrow. She called boy “John Doe” but his name and face were on PBS.
Jersey Jazzman was shocked that Eva had released the boy’s confidential records. Doing so without the written permission of his parent violates the federal student privacy law called FERPA.
He writes:
“I’m not a lawyer so I can’t offer an opinion as to whether FERPA was violated here. But even if it was, there’s probably not any recourse for the parent under federal law: the worst that could happen is that SA could be denied federal funds.
“Something tells me that a school that can raise over $9 million in one night isn’t going to worry too much about that…
“But whether the law was broken isn’t even the most important issue here. What Moskowitz did was an inexcusable lapse of judgment. Eva Moskowitz has put her need to protect her brand over the privacy of a child who, by her own account, has challenges in a school setting.
“This is yet another problem with the “market reform” theory of education. How much money does any corporation spend to maintain its public image? How hard will they fight if they perceive that image is being threatened? How little reluctance do they show to go after a critic of their company or their products?
“Schools, however, are not corporations (at least, not yet). Parent complaints are not threats to a brand; they are advocacy for a child. I’m not at all suggesting that school leaders don’t have the right to defend themselves, either in court or in public. But it would have been more than enough for Moskowitz to say: “We dispute these allegations; however, we will not discuss any individual case publicly, as all parents and children have a right to privacy in school.”
“Not only would this have been less questionable legally and ethically: I’d wager it would have been better for Moskowitz in the eyes of the public. Her attacks on this boy — and that’s exactly what they are — come off to me as petty, unthinking, and, worst of all, cold. And I can’t believe I’m the only one who feels this way.
“It’s very strange that a woman who has worked so hard to cultivate her public image is willing to risk having it trashed just so she can win a PR fight with a 10-year-old boy. She must think the stakes are very high.
“And that’s the problem.”

“It’s nothing personal …”
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What struck me in the quoted parts of the EM letter was the fact the kid is referred to as a student and not as a scholar. What a demotion!
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How could she not know that this must NEVER be done?
During my 20 years in the classroom, there were some occasions when parents, guardians, or the public at large criticized our teachers, principals, schools, superintendent, or school system — over any number of issues. It is NEVER appropriate, or fair, or just, or legal, or moral, or kind, or right to respond by discussing a child’s individual situation or by using a child’s confidential information to win a PR battle.
How could she not know that this must NEVER be done? It is clear to every teacher in our public school that this would likely be a career ending move because of the harm TO THE CHILD.
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Well put!
Why does she act that way?
It’s a rheephorm twofer.
1), She acts that way because she wants to act that way. Decency and good sense and honor be damned.
2), She acts that way because she can act that way—and when someone gets in her way, she reveals the edubully that lies just beneath the pr image.
Thank you for your comments.
😎
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This is standard knowledge among teachers – you do not discuss confidential information about a student’s behavior or academics anywhere outside of a professional setting.
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Even within a professional setting, confidential information can only be shared on a need to know basis, so you can share info with “school officials with legitimate educational interest,” which would include the child’s teachers, but not just anyone at the school. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
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Love everything here but I have one bone to pick, Jazzman. Charter schools ARE corporations and therein lies the problem. For profit or nonprofit, they’re corporations. Completely different orientation. At a charter school my kids attended, the director would not allow Special Ed parents to form a support group on campus because, as she said, her first concern had to be to protect the school from potential liability.
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Corporations have no interest in reaching out to concerned parents. Any meetings unless organized by the corporation will be perceived as a threat. Corporations benefit when the public is ignorant and inactive.
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Eva just ruined this boy’s early life. Whatever school this poor child currently attends now will see him as a troublemaker. I agree Jersey Jazzman; she should have taken the high road and said she disagrees but can’t discuss, instead of getting in the mud and dragging him through it. Educators are here to protect and advocate for children, not to ruin their educational futures. With or without a FERPA violation, she should be sanctioned by the State Education Department.
On a slightly different note, I’m wondering if anyone knows whether Success Academy follows the detailed legal requirements for suspending a child. The law requires that for suspensions of fewer than 5 days, parents receive notice in writing by hand or express mail, which details the alleged infraction and tells parents of their right to pre-suspension meeting (unless the child is a danger or disruption, a loophole for sure, then the timing can shift). If the parent requests a meeting, the suspension can only take place after that meeting. A suspension that occurs before the parent recieves notice is not valid and will be expunged. See http://www.nyclu.org/content/know-your-rights-students-rights-and-responsibilities-when-facing-suspension.
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“It’s very strange that a woman who has worked so hard to cultivate her public image is willing to risk having it trashed just so she can win a PR fight with a 10-year-old boy. She must think the stakes are very high.”
This & she is not an educator so she doesn’t know or care how this will affect the child… all she cares about is the system!
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FWIW, Two years ago I contacted FPCO (Family Policy Compliance Office)
ferpa@ed.gov, for an explanation of the restrictions placed on records/data.
At that time, I was informed:
A student may provide written consent that follows the format specified by/in
FERPA, for education records to be released.
Data may be posted IF they are accompanied by an identifier that is
UNRECOGNIZABLE by anyone other than the student.
The data becomes RESTRICTED if it contains names, SS#, race, gender,
nationality, academic performance, or DISCIPLINARY records.
“She called boy “John Doe” but his name and face were on PBS. ”
Public Bull S***, funded by…
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ThE PROBLEM IS THEY BEGAN by demonizing the profession… a media narrative about this ‘bad teachers’
http://novisuperintendent.blogspot.com/2015/03/how-to-kill-profession.html?spref=tw&m=1
HERE’S THE PROBLEM:
“The purpose of charter schools evolved. Originally conceived as laboratories with which traditional public schools would collaborate, charters became a force for competition, with some suggesting they replace regular district schools.”See more at: http://www.aft.org/ae/winter20142015/kahlenberg_potter#sthash.ZkfKQ9Dx.dpuf
THE PROBLEM is that a cabal of fabulously wealthy ‘barons’ and ‘captains of industry’ have decided that an educated public is not in their best interests, and have removed the professional from the conversation about creating schools where children learn. Legislatures have taken over and businessmen call the shots. http://billmoyers.com/2014/12/19/web-extra-new-robber-barons/
Charter schools are a sham, the way they are created now.
Here is the reality for what charter schools might accomplish:
“Restoring Shanker’s Vision for Charter Schools” | American Federation of Teachers
http://www.aft.org/ae/winter2014-2015/kahlenberg_potter
“In 1988, education reformer and American Federation of Teachers president Albert Shanker proposed a new kind of public school—“charter schools”—which would allow teachers to experiment with innovative approaches to educating students. Publicly funded but independently managed, these schools would be given a charter to try their fresh approaches for a set period of time and be renewed only if they succeeded.”
“Freed from bureaucratic constraints, TEACHERS would be EMPOWERED to draw on their expertise to create educational laboratories from which the traditional public schools would learn. And liberated from traditional school boundaries, Shanker and other early charter advocates suggested, charters could do a better job than the regular public schools of helping children of different racial, ethnic, economic, and religious backgrounds come together to learn from one another.
Read the whole article: http://www.aft.org/ae/winter20142015/kahlenberg_potter#sthash.ZkfKQ9Dx.dpuf
“But somewhere along the way, charter schools went in a very different direction from the one Shanker originally envisioned. Many charter school founders EMPOWERED MANAGEMENT not teachers, and adopted antiunion sentiments.”
“Today, just 12 percent of charter schools are unionized, and teacher retention rates—one possible measure of professional satisfaction—are much lower than in traditional public schools.”
“Moreover, most charter schools largely discarded the goal of student integration. Charters are now actually more economically and racially segregated than traditional public schools.”
And, BTW, anyone who reads “The American Educator” has access to real solutions an innovative ideas that work, but the people who are CONTROLLING the conversation are not interested in solutions — they are BENT ON DESTRUCTION because AS everyone knows , IF YOU GET ‘EM YOUNG, you can ensure that they know nothing of truth, and this will ensure that LIES can proliferate, and PROPAGANDA so subtle and hidden, that the average person cannot detect where truth lies.THAT is the PROBLEM!
http://www.thesocialcontract.com/artman2/publish/tsc1004/article_903.shtml
Witness the current state of television and ‘journalism, where LIES BALANCE TRUTH. “Most of the news media, and most pundits, still worship at the church of “balance.”
A citizenry deprived of real knowledge IS what the oligarchs want.
Lies, started by the dark money of the oligarchs,
http://billmoyers.com/2014/09/22/5-signs-dark-money-apocalypse-upon-us/?utm_source=General+Interest&utm_campaign=94370722aa-Midweek_0924149_24_2014&utm_medium=email&utm_term=0_4ebbe6839f-94370722aa-168347829
The PROBLEM, IS THAT CITIZEN UNITED allowed the “captains & the kings” to disseminate misinformation that disrupted our democracy and our legislatures , adding the deficit narrative! http://mokurenawakened.wordpress.com/2013/02/03/foreword-from-captains-and-the-kings-by-taylor-caldwell/
The GOP hypocrites KNEW that defunding education would end public schools.”The biggest secret of the Republican triumph surely lies in the discovery that obstructionism bordering on sabotage is a winning political strategy.”
The problem??
HERE is the problem in a brilliant segment by Rachel Maddow – “How Republicans set up a decade-long advantage over Democrats” – YouTube
https://www.youtube.com/watch?v=MiAq9sIvTJE#t=119
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I wouldn’t say that she has cultivated a brand for herself. The branding relates more to the schools. She is always shooting off at the mouth, saying absolutely ridiculous things. She also went on the NYT comment section regarding an article about charter attrition and left comments. She is a total narcissist.
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“Branded for Success”
Eva’s brand
Is “Tests R Us
Worst are canned
In Best we Trust”
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I don’t think it matters that Eva used “John Doe” to list this student’s behavioral history, because she referred to “John Merrow’s recent PBS NewsHour report about Success Academies’ suspension policy” in her public letter, which anyone could easily access and readily hear the child’s real name there –which Eva and anyone else who watched the segment knows very well. Since the parent did not agree to the release of that info, I think the parent should sue Eva and SA for violating her child’s privacy rights under FERPA.
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After reading Jersey Jazzman’s post, I realize I’ve been assuming – wrongly – the letter was only posted on the PBS, but it was (is) on the SA website too. Beyond shameful.
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psychopaths are cold
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Is it possible that Eva simply took revenge on the boy by exposing his record?
I am not sure, if Eva is cold. I think she simply doesn’t like children. This is why she dresses them up like adults, make them wear neckties, and prefers them to be quiet.
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