I wrote at the end of April about an effort by the NYC Department of Education to force a high school for overage students in Manhattan to trade places with a billionaire-funded high school on the other side of town. The school for the high-needs students had better facilities, including a gym. I suggested at that time that the Tisch family, which funds the Young Women’s Leadership Academy, could well afford to buy or build a better facility rather than force out the last-chance students in West Side High School. A few days later, the New York City Board of Education, controlled by Mayor Eric Adams, voted to oust the students from the West Side High School and give their home to the Young Women’s Leadership Academy.
It’s not over. A pro bono law firm, Advocates for Justice, has filed a lawsuit to block the swap. The lawsuit includes another school for overage students that opposes the co-location of another school in its building.
For immediate release: Thursday, June 22, 2023
More information: Laura Barbieri, lbarbieri@advocatesny.com, 914-819-3387
Sarah Frank, sarfrank@gmail.com, 617-838-2032
Lawsuit filed to block the re-location of West Side High School and the co-location of Brownsville Academy -both transfer schools with vulnerable overage and undercredited students
Today, Thursday, June 22, 2023, a lawsuit was filed in the New York State Supreme Court on behalf of parents, students, and teachers to prevent the NYC Department of Education from forcing the Edward A. Reynolds West Side High School from moving across town to a smaller building and to block Brownsville Academy from having to share its building with another school, Aspirations Diploma Plus High School.
Both of these schools are transfer schools, designed to ensure that vulnerable, over-aged and under-credited students have the support they need to remain in school through graduation. Many of these students have already dropped out of school once or are at increased risk of dropping out in the future, so any negative change in their learning environment jeopardizes their life chances.
The lawsuit, filed by the pro bono law firm Advocates for Justice, focuses on the inadequacy of the Educational Impact Statements [EIS’s] that the NYC Department of Education is required to prepare in advance of the votes by the Panel for Education Policy to approve these changes in school utilization that occurred on April 19, 2023, and May 1, 2023.
Instead, both EIS’s for these proposed changes in school utilization explicitly assumed that current class sizes at both schools would continue indefinitely, even though half of the classes at Brownsville Academy and more than half of the classes at Edwards A. Reynolds West Side High School are larger than the cap of 25 students per class required by the new state class size law, to be phased in over five years.
In addition, students with disabilities in both schools will likely lose their dedicated rooms for mandated services in these new, far more limited spaces. Both schools have very high percentages of such students: 43% at Edward A. Reynolds West Side High school and 26% of the students at Brownsville Academy have disabilities.
The failure of the EIS’s to analyze the profound educational impacts of these changes is a clear violation of state education law, and in an innovative legal strategy, the lawsuit also argues that the deprivation of critical space from students with disabilities would cause a disparate impact on these vulnerable students, in violation of the New York City Human Rights Law.
Most egregiously, perhaps, is how the students at Edward A. Reynolds West Side High School will be deprived of their on-site GED program, their full-size gym, the Ryan health care center, and the LYFE day-care center, designed to take care of the young children of these overaged students while they are attending school. Yet the DOE fails to assess the likely negative educational impacts of these profound losses, or even acknowledge them in the EIS .
Also highly questionable is the way in which the DOE and certain members of the Panel for Educational Policy ignored their obligations under the Open Meetings Law (OML). Specifically, the law requires that all voting by members of public bodies must be publicly performed. However, many of the Mayor-appointed PEP members failed to turn on their cameras during the meetings that approved these changes in school utilization, which should nullify their votes. In addition, the DOE failed to record the first several hours of the PEP meeting on May 1, which is also an OML violation. Together, these violations call into question whether these PEP proceedings or their votes were legally valid.
State Assemblywoman Latrice Walker said: ““I have long been concerned about the plan to re-site Aspirations Diploma Plus and co-locate it with Brownsville Academy High School. Though well-intentioned, the proposal would harm two communities. Aspirations is the only transfer school in Crown Heights, and I fear they will lose scholars who are not willing to travel to Brownsville. I also share the concerns of the staff at Brownsville Academy, who are worried about the potentially drastic reduction in the number of rooms. The co-location process would deprive the Brownsville Academy of the space currently being used for counseling, an internship program, and their very successful mentoring services. Brownsville Academy has served the community and its students well, consistently ranking in the top 10 in graduation rates, attendance, and career readiness for transfer schools in the city. The potential impact on the student-to-teacher ratio and the reduction of services would have an adverse impact on some of Brooklyn’s most vulnerable students.”
“I strongly support West Side High School staying where it is and appreciate the effort by Advocates for Justice to halt the move,” said Council Member Gale A. Brewer. “It is inequitable to take away from the student population the LYFE Center, the wellness and health center, the large gym and field, and the kitchen. If the TYWLS building is not adequate to meet the needs of its current student population, then it cannot be adequate for the students now at West Side High School.”
“The relocation of West Side High School and the co-location of Brownsville Academy presents a number of challenges to the families, students, and teachers in both schools.” Said New York City Council Deputy Speaker Diana Ayala. “Students within these schools have either dropped out once before or require special accommodations to ensure they receive a quality education. The Department’s relocation plan does not take those factors into consideration and their decision further jeopardizes the educational prospects of the students within these schools. I urge the Department to reconsider this decision and to work with both schools to find a compromise that focuses on the students rather than the ideal location.”
Added Ashley Norman, a plaintiff, a parent of a current student at West Side High School and herself a graduate of the school: “West Side has paved the way for so many students in its time. Myself and everyone I know felt as if dropping out would be the best option, until we went to this school. They do their best to meet you where you are and push you for greatness. This school is so important for young parents. You can receive your education, have your child cared for, and receive not only mental health care but your physical healthcare as well in the Ryan Center -things that being a young parent are hard to juggle. I decided to participate in this lawsuit because I also worry about the potential for gang violence on the East side that our kids might be exposed to. I believe this school NEEDS to stay here for the benefit and more importantly the safety of our community.”
Lucie Gaba, a plaintiff and parent at Brownsville Academy commented: “Before attending Brownsville, my son attended another high school where he struggled with attendance issues and with being on time. Since switching schools, his attendance has improved and the wonderful staff have inspired him to become an active member of the school community. Brownsville Academy has helped my son improve his academics greatly. I am worried that the co-location will make it harder for him and his friends to get the dedicated help they have come to count on. English is his second language and he receives extra services for this reason. I am very concerned that if the co-location happens, the increased crowding will cause him to lose these services.”
Grisslet Rodriguez, plaintiff and parent of a current West Side High School student, said: “I’m participating in this lawsuit because it is the right thing to do for all of the students in West Side High School. I want to be a voice for my son and all the West Side students since their voices are not being heard. My concern is that if our students are moved to another location, the outcome is going to be devastating. It will have a negative impact on a minority group that already struggles. Students might drop out, have emotional damage, and more mental health challenges. My top concern is the lack of safety in the neighborhood that is on the East side and is dangerous. The new location across town will require many students, including my son, to take a bus and a train, which is a longer commute. Health-wise, there is no gym and no clinic, which is so important for the health, well-being, and growth of the students. The daycare center is crucial to keep the young mothers in school. I hope students can remain in West Side High School, where they feel safe. These students have been through a lot, and we are so proud of them and happy that they found a place where they feel they belong.”
Sarah Frank, teacher at West Side High School and a plaintiff, said: “We have been pushing back on this relocation from the moment it was announced because as a transfer school, we know our vulnerable students need access to smaller classes and additional services and support. Our current building was specifically designed for West Side High School in the 1990s to have an on-site daycare and health clinic. Our Public School Athletic League teams play in our beautiful gym and the field adjacent to the school. The building we are being relocated to on the East Side has none of these resources, and traveling to other locations for daycare, healthcare, and athletics is a huge barrier for our students. While we have had enrollment struggles, our enrollment has grown tremendously in the last few months. The new space will not allow us to meaningfully lower class size and will not afford the space for small groups and other social-emotional supports we have always offered our students, particularly the nearly 50% of our special needs population with IEPs. Our students do not gain anything from this move, they only lose.”
Marissa Moore, a plaintiff, and parent at Brownsville Academy HS pointed out: “Brownsville Academy has provided my son with a rigorous academic experience along with rich social emotional support which is so needed coming out of the pandemic. Under the co-location proposal, I am concerned that BAHS will become overcrowded and offer fewer services just like the larger schools which failed to serve him previously.”
Concluded Hon. Carmen Quinones, President of the Frederick Douglass Houses Association where many of the students who attend West Side High School live, “This is not what Justice looks like: putting a target on our children’s back and making them choose to drop out of school or die trying!”
Here are notes:
Memo of Law ; Verified Petition, and affidavits from Lucie Idiamey-Gaba, Sarah Frank, Anneris Fernandez , Chance Santiago, Marissa-Moore, Grisslet Rodriguez, Ashley Norman, and Leonie Haimson.
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Diane Ravitch's blog 
“. . . and I fear they will lose scholars who are not willing to travel to Brownsville.”
Students, not scholars. Why do we continue to misuse the language in using the language of the charter schools like Success Academies?
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The teacher in the classroom next door came from a charter and called the students scholars and herself a master scholar. The students we shared insisted I call them scholars after the teacher arrived next door. I said a couple times to my classes that scholars have PhDs and engage in scholarly studies as a lifelong profession. I added that being a student is something of which to be proud, and to hang on to that title as long as they can, and learn a lot from their teachers. I said I was proud to be a teacher, and I loved being their teacher. Everyone stopped calling themselves and each other scholars and master scholars. We all get along today. — A little cheesy but true: Stand up for and be proud of who you really are. It’s important.
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LCT, thank you for that. Calling children “scholars” is a pet peeve. As you said, a scholar earns a doctorate and devotes themselves to the pursuit of knowledge. Might as well hand out stethoscopes and call your students “Dr.”
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Might as well hand out stethoscopes and call my students “Dr”. Might as well hand out certificates to TFA and call them “trained”. Heck, how about retired ambulance drivers as teachers with no training! How about putting anybody and everybody up on TedTalks and calling them experts. Why not close schools and take over university curricula. Billionaires can just buy universities. They can call corporate R&D “research”.
If everyone’s a scholar, no one is.
Charter schools across the country all starting to call students “scholars” at the same time was no spontaneous, grassroots phenomenon. I think it’s more than a pet peeve, Diane. It’s an attack on academia.
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That’s a great example of the importance language has in our social discourse. Thanks for sharing. I am convinced one reason the cult will either win or remain a strong enough minority to ultimately grind any meaning of the Constitution and civil rights into malleable oblivion. That’s why each act like yours is essential. If, I fear, too little. But might as well go down swinging.
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Better not to mess with people when Leonie Haimson is looking out for them, Mayor Tisch, I mean Adams, I mean, well, same difference.
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Exactly right. Leonie Haimson is a warrior.
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It is not the locations of the dchools which will, lower the dropout rates of the students, nor the advances of the technologies available to the students’, or the instructors’ disposals, it’s the, quality of education offered, and the, dedication of the instructors, being willing to, help the students to, find out what they are, good at, and, it seemed that, these policies of, transfering the students, to, reduce the, overcrowding problems in these schools, are only, fixing the, symptoms, and not the, problem itself.
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Besides using way too commas, your comment makes no sense. OF COURSE facilities, conditions, locations, and class sizes matter. Even the best teacher cannot successfully teach 50 students. In this case, especially, facilities absolutely matter, because many of these students need access to the child care and health facilities that will be lost if they have to move. And the physical condition of the facilities matters a great deal, too. Just ask my students who have to swelter with no airflow in the school in which I teach.
And safety and transportation are key issues as well, particularly for a school with students at risk of dropping out. If it’s really hard to get to the school or students have to go through unsafe territory to get there, they won’t be in school.
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NYC politicians that cave to the demands of wealthy interests repeatedly show preferential treatment to private interests over public schools. Adams was elected to serve public interests, not private ones. Privatization generally turns public school students into an afterthought. It sends the wrong message to vulnerable public school students.
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It is ironic that the people who complain most about government policies and spending are actually the ones who benefit most from them. All the while having the power to distract from their fictions like welfare queens, Mississippi “miracles,” a good guy with a gun, and so on.
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Big picture- right wing Catholic institutions are at the center of the power surge backed by wealthy Whites trying to hold on to their conservative authority. The institutions include universities like Georgetown, Catholic University of America, both located in D.C. with ties to Charles Koch, and Notre Dame, as well as, the almost 50 state Catholic Conferences, some of which employ lobbyists and locate their headquarters near the state capitols. The success of their political agenda is a matter of public record. The right wing Catholic majority on the US Supreme Court reflects the work of Leonard Leo of the Federalist Society who is Catholic with 9 kids.
A woman’s right to abortion is foundational for equality and for an advancing nation. Alito did a victory lab in Rome, the seat of power for the Roman Catholic Church, shortly after Roe’s overturn. The trip was paid for by the Notre Dame Religious Liberty Initiative. Media report that after Barrett was confirmed, her home was purchased by RLI’s leader. The funder of RLI is the John Templeton Foundation. The Notre Dame project’s founding was described as a “watershed moment in encouraging the integration of religious beliefs and free market principles in the classroom.” (Templeton was Presbyterian).
The Notre Dame Religious Summit held about a year ago in Rome featured N.Y.’ s Cardinal Timothy Dolan. The SCOTUS decisions that benefitted the Church’s agenda and its organizations were praised at the Summit, including
the opportunity for tax funding for Catholic/religious schools.
State Catholic Conferences are leaders in the school choice campaign.
Catholics in Florida and Indiana publicly take credit for the initiation and passage of school choice legislation. Media reported that the associate director of the Kentucky Catholic Conference is also the VP of EdChoice Kentucky. The Executive Director of the Colorado Catholic Conference was formerly with the Koch network and EdChoice.
Robert P McGrath funded the McGrath Institute for Church Life at Notre Dame. The McGrath Institute also received funding from the Lilly Foundation, an organization that promotes school choice in Indiana.
The Lilly grant to the McGrath Institute paid for a program, “Savoring the Mystery: Catholic Preaching in an Age of Disaffiliation.” The program aims at a “renewal of Roman Catholic teaching.” An objective of the Institute is “citations in state and federal courts” and “legal briefs filed before those courts.”
Taxpayers, without their knowledge, have created Catholic organizations, as the nation’s 3rd largest employer.
While there is the pretense, furthered by media and influencers that the conservative threat to democracy and separation of church and state is from a confederacy of protestant Christians (at best, very loosely joined), the enemy of progress and women and gay rights who has had the greatest proven legislative and court success are linked to the centralized Catholic Church. Their victory laps are held in Rome rather than in the nation impacted where the citizen majority oppose their laws, policies and court verdicts.
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