Leonie Haimson, hardworking CEO of Class Size Matters and New York City’s foremost parent advocate, has written a letter to the SUNY charter committee explaining why Eva Moskowitz’s former chief attorney for the Success Academy charter chain, should NOT be allowed to start her own charter school.

Open the link to read the citations and the letter written by the parent of a student with special needs whose file was made public by Success Academy in retaliation for her appearance on John Merrow’s program about the abusive practices of Success Academy.

To the SUNY Charter committee and Board:

I urge you to reject the proposed authorization of the Zeta charter school, for many of the reasons cited by the Tory Frye of the D6 Community Education Council,[1] but also because Emily Kim, the proposed founder, was the chief attorney for the Success Academy chain while the network proceeded to repeatedly violate state and federal laws and deprive students of their civil rights.

More specifically:

· In October 2015, Success Academy retaliated against a parent of a special needs child who had spoken on a PBS show about his repeated illegal suspensions by Success, by posting her child’s disciplinary file online and sending the link to reporters nationwide. This action was a flagrant violation of his federal privacy rights according to FERPA, the Family Educational Rights and Privacy Act. [2]

· Only after the parent, Fatima Geidi, filed a complaint with the US Department of Education, and several months ensued did Success Academy finally take down his file.[3]

· On January 20, 2016, parents of 13 current and former students of Success Academy filed a complaint with the Office of Civil Rights of the US Department of Education, accusing the network of discriminating against students with disabilities by denying them their mandated services, repeatedly suspending them without providing alternative instruction, and in some cases pushing them out. This complaint was joined NYC Public Advocate Letitia James; Councilman Daniel Dromm, the chair of the NYC Council Education Committee; Legal Services NYC; the Legal Aid Society; MFY Legal Services; the Partnership for Children’s Rights; and the New York Legal Assistance Group.[4]

· Subsequently, the federal Office of Civil Rights launched an investigation into Success Academy’s discriminatory practices, the results of which have not yet been released.[5]

· SUNY itself was reported to have launched its own investigation into Success Academy’s push-out policies, and more specifically the infamous “Got to Go” list. [6]

· In April 2016, parents at Success Academy Fort Greene launched a new federal lawsuit, alleging “illegal, discriminatory” campaign against children with special needs , including sending their children to emergency rooms without cause, illegally suspending them, and threatening to call the Administration for Children’s Services if they refused to pick their child up early from school These parents are represented by Stroock & Stroock & Lavan LLP, New York Lawyers for the Public Interest and Advocates for Justice.[7]

· In addition, the application for this new charter school should be rejected since Ms. Kim is planning to co-locate her school in a district public school building, which would prevent the already-overcrowded schools in the district from having sufficient space to reduce class size, as previously agreed upon by the city in its original Contracts for Excellence plan. [8]

· In July 2017, a legal complaint was filed against DOE with the NY State Education Department for failing to comply with the its state-approved Contracts for Excellence class size reduction plan. [9] This complaint was prepared by the Education Law Center on behalf of Class Size Matters, the Public Advocate, the Alliance for Quality Education and nine NYC public school parents.[10]

Until the results of the investigations by the federal Office of Civil Rights and SUNY are released and these complaints and lawsuits are decided, it would be premature and ill-considered to allow Ms. Kim to open her own charter school, given her history of facilitating and defending repeated violations of children’s civil rights.

Below are additional personal observations by Fatima Geidi of Ms. Kim’s behavior, while her child attended Upper West Success Academy.

Yours sincerely,
Leonie Haimson, Executive Director