Pro Publica investigated the case of a child at Success Academy who was disruptive and learned that at a charter school, the chain is free to write its own disciplinary rules. The public schools are governed by regulations, but Success Academy is exempt from those regulations.

ProPublica told the story of Ian, whose mother left work repeatedly to find out why Success Academy had called the police about the child. It seems clear that the school was trying to persuade her to withdraw Ian. But she kept showing up. It also seems clear that Ian’s behavior got worse because of the school’s rigid discipline.

In a panic, if she floors it, Marilyn Blanco can drive from her job at the Rikers Island jail complex to her son Ian’s school in Harlem in less than 18 minutes.

Nine times since December, Blanco has made the drive because Ian’s school — Success Academy Harlem 2 — called 911 on her 8-year-old.

Ian has been diagnosed with ADHD. When he gets frustrated, he sometimes has explosive tantrums, throwing things, running out of class and hitting and kicking anyone who comes near him. Blanco contends that, since Ian started first grade last year, Success Academy officials have been trying to push him out of the school because of his disability — an accusation similar to those made by other Success Academy parents in news stories, multiple lawsuits that resulted in settlements and a federal complaint.

When giving him detentions and suspensions didn’t stop Ian’s tantrums, Blanco said, the school started calling 911. If Blanco can’t get to Ian fast enough to intervene, a precinct officer or school safety agent from the New York Police Department will hold him until an ambulance arrives to take him to a hospital for a psychiatric evaluation — incidents the NYPD calls “child in crisis” interventions.

The experience has been devastating for Ian, Blanco said. Since the 911 calls started late last year, he’s been scared to leave his house because he thinks someone will take him away. At one ER visit, a doctor wrote in Ian’s medical file that he’d sustained emotional trauma from the calls.

Citywide, staff at the Success Academy Charter School network — which operates 49 schools, most of them serving kids under 10 years old — called 911 to respond to students in emotional distress at least 87 times between July 2016 and December 2022, according to an analysis of NYPD data by THE CITY and ProPublica.

If Success Academy were run by the city Department of Education, it would be subject to rules that explicitly limit the circumstances under which schools may call 911 on students in distress: Under a 2015 regulation, city-run schools may never send kids to hospitals as a punishment for misbehavior, and they may only involve police as a last resort, after taking mandatory steps to de-escalate a crisis first. (As THE CITY and ProPublica reported this month, the rules don’t always get followed, and city schools call 911 to respond to children in crisis thousands of times a year.)

But the regulation doesn’t apply to Success Academy, which is publicly funded but privately run and — like all of the city’s charter school networks — free to set its own discipline policies.

The consequence, according to education advocates and attorneys, is that families have nowhere to turn if school staff are using 911 calls in a way that’s so frightening or traumatic that kids have little choice but to leave.

“Sure, you can file a complaint with the Success Academy board of trustees. But it isn’t going anywhere,” said Nelson Mar, an education attorney at Legal Services NYC who represented parents in a 2013 lawsuit that led to the restrictions on city-run schools.

Success Academy did not respond to questions about the circumstances under which school staff generally call 911 or the criteria they use to determine whether to initiate child-in-crisis incidents.

Regarding Ian, Success Academy spokesperson Ann Powell wrote that school staff called EMS because Ian “has repeatedly engaged in very dangerous behavior including flipping over desks, breaking a window, biting teachers (one of whom was prescribed antibiotics to prevent infection since the bite drew blood), threatening to harm both himself and a school safety agent with scissors, hitting himself in the face, punching a pregnant paraprofessional in the stomach (stating ‘I don’t care’ when the paraprofessional reminded him that ‘there’s a baby in my belly’), punching a police officer and attempting to take his taser, and screaming ‘I wish you would die early.’”

Powell also provided documentation that included contemporaneous accounts of Ian’s behavior written by Success Academy staff, photographs of bite marks and a fractured window, an assessment by a school social worker concluding that Ian was at risk for self-harm, and a medical record from an urgent care facility corroborating the school’s account that a teacher had been prescribed antibiotics.

Blanco said that Success Academy administrators have regularly exaggerated Ian’s behaviors. When he was 6, for example, Ian pulled an assistant principal’s tie during a tantrum, and school staff described it as a choking attempt, according to an account Blanco gave to an evaluator close to the time of the incident. Each time Success Academy has sent Ian to an emergency room, doctors have sent him home, finding that he didn’t pose a safety threat to himself or others, medical records show. (Success Academy did not respond to questions about the assertion that staffers have exaggerated Ian’s behaviors.)

Blanco knows that Ian is struggling. No one is more concerned about his well-being than she is, she said. But villainizing her 8-year-old only makes the situation worse.

“It’s like they want to tarnish him,” Blanco said. “He’s just a child, a child who needs help and support.”

Blanco chose Success Academy because she wanted Ian to have better education that what’s available in his neighborhood public school.

Success Academy, which has avid support from many parents and is led by former New York City Councilmember Eva Moskowitz, promotes itself as an antidote to educational inequality, offering rigorous charter school options to kids who might not have other good choices. On its website, the network advertises its students’ standardized test scores (pass rates for Black and Latino students are “double and even triple” those at city-run schools) and its educational outcomes: 100% of high school graduates are accepted to college, the network says.

Success Academy administrators say that strict and consistent discipline policies are essential to kids’ learning. Students are required to follow a precise dress code and to sit still and quietly, with hands folded in their laps or on their desks. When students break the rules, the school issues a progressive series of consequences, including letters home, detentions and suspensions.

Once students are accepted through the Success Academy lottery, the network is required to serve them until they graduate or turn 21, unless they withdraw or are formally expelled…

In Harlem, Ian started struggling at Success Academy just a few weeks into first grade. He’d never been aggressive before he started school, Blanco said. Because of the COVID-19 pandemic, he’d attended kindergarten online. When schools went back to in-person instruction, he was a high-energy 6-year-old who couldn’t follow Success Academy’s strict rules requiring him to sit still and stay quiet. By the end of first grade, he’d been suspended nearly 20 times.

The more Ian got in trouble, the worse he felt about himself and the worse his behavior became, Blanco said. He started falling behind because he missed so much class time during his suspensions, according to his education records. At home and at school, he said that teachers disciplined him because he was a “bad kid.”

At first, Blanco worked hard to cooperate with the school, she said. She was worried by the change in Ian’s behavior, and she thought that school staff had his best interests at heart. But then an assistant principal called her into an office and told her that Success Academy wasn’t a “good fit” for Ian, Blanco said to THE CITY and ProPublica, as well as in a written complaint she sent to Success Academy at around that time. (Success Academy’s board of trustees investigated the complaint and did not find evidence of discrimination against Ian, according to a September 2022 letter to Blanco from a board member.)

“That didn’t sit right,” said Blanco, who is an investigator at Rikers Island and is accustomed to gathering paper trails. She asked the assistant principal to put the statement in writing, but he told her she had misunderstood, she said. (Success Academy did not respond to questions about this incident.)

Several times, when the school called Blanco to pick Ian up early, staff told her to take him to a psychiatric emergency room for an evaluation. But the visits didn’t help, Blanco said. “You could be sitting there for six, seven, eight hours,” waiting to talk to a psychologist. Because Ian never presented as an immediate threat to himself or others, hospital staff couldn’t do much but refer him to outpatient care and send him home, according to hospital discharge records.

Eventually, Blanco found an outpatient clinic that would accept her insurance to evaluate Ian for neurological and behavioral disorders. She said she begged school staff to stop disciplining Ian while she worked to get him treatment, but the suspensions were relentless. Once, he missed 15 straight days of school.

At the beginning of Ian’s second grade year, Blanco reached out to Legal Services NYC, where Mar, the education attorney, took her on as a client.

The school twice reported Blanco to child welfare services as a negligent mother. An investigator came to her home to interview her and Ian. She said she was humiliated.

One month after the child welfare visit, things got even worse. Blanco was in Queens, heading to work to pick up some overtime, when the school called to say that Ian had had another tantrum. This time, she was too late to bring Ian home herself. He was in an ambulance, on his way to Harlem Hospital….

Two weeks ago, Success Academy sent Blanco an email informing her that they requested a hearing to have Ian removed from school for up to 45 school days because he “is substantially likely to cause injury to himself and others while in the Success Academy community.”

Ian would be barred from Success Academy immediately, the email said, even though it could take up to 20 days to schedule the hearing, which will be held at the special education division of the city’s Office of Administrative Trials and Hearings. If the hearing officer agrees with Success Academy, Ian will miss the rest of the school year..

To Blanco, the hearing seems like just another way for the school to get rid of her son. She thinks about pulling Ian out of Success Academy all the time, she said, but it feels like there’s no good alternative. She doesn’t want to give up on the idea of him getting a better shot than the one she got at a failing neighborhood school.

“I want him to get free of this cycle of disadvantage,” Blanco said. “I want to fight for my son’s rights and let them know that you’re not going to treat my child this way. I’ve made it my mission. You don’t get to pick and choose who you give an education to.”

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