Archives for category: Discipline and Suspensions

No excuses!

Newark’s largest charter-school network suspends students with disabilities at a disproportionately high rate, violating their rights, according to a new complaint filed with the state.

The complaint alleges that North Star Academy gave suspensions to 29 percent of students with disabilities during the 2016-17 school year. The network disputes the complaint’s allegations and says the actual figure was 22 percent.

North Star removed students with disabilities from their classrooms for disciplinary reasons, including suspensions and expulsions, 269 times that school year, according to the complaint filed by an attorney at the Education & Health Law Clinic at Rutgers Law School in Newark. The complaint is based on state data and reports by parents who contacted the clinic.

Those numbers stand in sharp contrast to ones at Newark Public Schools, where students with disabilities were sent out for disciplinary reasons just 87 times that school year, according to state data. Overall, just 1.3 percent of special-education students and 1.1 percent of all students were suspended in 2016-17, according to the attorney’s analysis of state data. Excluding North Star, the city’s charter schools together suspended about 9 percent of students with disabilities, the analysis found…

North Star is part of the Uncommon Schools network — one of several large charter-school organizations whose reliance on strict discipline and demanding academics is sometimes called “no excuses.” Some of the schools have softened their discipline policies in recent years, but others have held firm, insisting that their no-nonsense approach to misbehavior creates a safe, orderly environment where students can focus on academics.

According to the complaint, North Star continues to take an exacting approach to managing behavior. Each week, students receive behavior points in the form of “paychecks.” They can lose points for even minor infractions, such as not paying attention in class or violating the school-uniform code. If their points dip below a certain level, they can be sent to detention or suspended, the complaint says.

The complaint alleges that some students with disabilities struggle to follow the rules, and wind up being punished at a higher rate than non-disabled students. Federal data from the 2014-15 school year appear to support that claim. In that year, students with disabilities made up 7.2 percent of North Star’s enrollment, yet they received 16.5 percent of in-school suspensions and 12.9 percent of out-of-school suspensions, according to data compiled by the U.S. Education Department’s Office for Civil Rights

One way that charter schools get high test scores is to get rid of students with low scores. The Education Law Center called out one of New Jersey’s High-flying charters for excessive disciplinary tactics imposed on students with disabilities. That’s a prelude to expulsion or “encouraging” these students to leave.


ELC SUPPORTS COMPLAINT OF EXCESSIVE DISCIPLINE OF STUDENTS WITH DISABILITIES BY NORTH STAR CHARTER SCHOOL

A complaint filed by Rutgers Education and Health Law Clinic (Rutgers) with the NJ Department of Education (NJDOE) on August 17, 2018, alleges that the North Star Academy Charter School in Newark has engaged in a pattern and practice of imposing discipline without regard to students’ disability status, resulting in the inappropriate suspension and retention of students with disabilities and a denial of a free and appropriate public education.

Education Law Center, in a letter to the NJDOE on August 17, is supporting the Rutgers complaint.

Rutgers filed the complaint under a procedure requiring the NJDOE to investigate systemic violations of special education law by districts and charter schools. Rutgers’ clinical law fellow, Deanna Christian, Esq., prepared the complaint based on the Clinic’s representation of individual North Star Charter students and families, an examination of North Star’s discipline policy, and NJDOE data regarding suspension rates.

North Star Academy Charter School is managed by the Uncommon Charter network based in New York City. Under a single charter granted by the NJDOE, North Star actually operates 13 separate charter schools in Newark, enrolling approximately 4,000 students.

To manage classroom behavior in its Newark charter schools, North Star relies heavily on a “paycheck” system in which a student’s loss of dollars or points, and his or her ultimate detention or suspension, may result from minor infractions, such as poor posture, off-task behavior, or incomplete work or homework. Many of the infractions may be related to a student’s disability.

The NJDOE data examined by Rutgers revealed that, during the 2016-17 school year, North Star suspended 29.1% of students classified as eligible for special education and related services, placing it among New Jersey public schools with the highest discipline rates for students with disabilities. During that same period, all other K-12 charter schools in Newark suspended less than 9% of their special education students, while Newark Public Schools (NPS) suspended only 1.3% of those students.

“Some parents of students with disabilities who attend North Star have reported more than thirty out-of-school suspensions in a year, resulting in loss of instructional time and retention,” said Ms. Christian. “North Star’s use of the paycheck system, without modification for students with disabilities, has a disproportionate and discriminatory impact on those students and must be revised.”

The data presented to the NJDOE by Rutgers is consistent with complaints ELC has received from North Star parents. ELC also noted that North Star’s high suspension rate for students with disabilities was accompanied by a low enrollment rate of those same students: during 2016-17, only 7.3% of North Star’s students were classified, compared to 15.48% of NPS students.

“We applaud the Rutgers Clinic for requesting that the NJDOE investigate an apparent pattern at North Star of imposing excessive and inappropriate discipline on students with disabilities,” said Elizabeth Athos, ELC senior attorney. “A 29.1% suspension rate for students with disabilities is shockingly high, as is North Star’s low enrollment rate of classified students. North Star, like every other New Jersey charter, is obligated to ensure its discipline policies support, and do not undermine, the right of students with disabilities to a free and appropriate education under state and federal law.”

Education Law Center Press Contact:
Sharon Krengel
Policy and Outreach Director
skrengel@edlawcenter.org
973-624-1815, x 24

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I received the following request:

A former charter school teacher,who was a strong advocate for the students, currently is working on her PHD.

She’s wants to speak with former, “No Excuses” students to learn their point view from being constantly suspended and asked to leave (if that was their experience, course).

The target population would be former students of KIPP, AF, Success, Uncommon, or any of those types of schools. They don’t have to be adjudicated or a part of the criminal justice system, just former students who were “counseled out.”

She wants to focus on the former student’s voices because there is not enough research on their experiences and when they go to the media, they tend to be dismissed. So far, she has been able to uncover the inherent racism in their ideology (She will be presenting that this fall) but to put it all together, she needs to talk to kids and see if they recognized their schooling as discriminatory. It’s ok if they didn’t; she just want to talk to some kids or young adults to gain their insights.

The email address to reach out to Ms. Williams at rkp5@illnois.edu, please share this with other education advocacy groups.

 

Bryan, Texas, has been under investigation by the Office for Civil Rights at the U.S. Department of Education because black students are almost four times more likely to be punished than white students for the same offense.

Then, as ProPublica reports, Betsy DeVos came into office and began rolling back civil rights protections.

In Bryan, a 13-year-old girl was sent to juvenile detention and locked up for three days.

Read here to learn why she was locked up and how the DeVos regime is cutting back on civil rights enforcement. 

 

 

This was posted by Politico Morning Education.

I don’t know which outrages me more:

1) the administration’s efforts to link the massacre at Marjory Stoneman Douglas High School to the Obama guidelines that sought to reduce disparate punishment based on race. As Politico points out, there is no evidence to connect the Obama guidelines with the shooting.

2) the statement that Betsy DeVos opened every meeting yesterday with an acknowledgement of the anniversary of Dr. Martin Luther King’s assassination, and the suggestion that she was engaged in fulfilling his life’s work. What Chutzpah! She has been trying to slash the budget of the Education Department’s Office for Civil Rights and appointed a woman to run it who is opposed to its mission.

Politico writes:

KEY TAKEAWAYS FROM THE GAO’S SCHOOL DISCIPLINE REPORT: The GAO released fresh evidence Wednesday that black students, boys and students with disabilities are all disproportionately disciplined in the nation’s public schools. The report, based on data from the 2013-14 school year, comes as Education Secretary Betsy DeVos mulls a repeal of Obama-era discipline guidance aimed at curbing such disparities. The numbers in the report are jarring. Black students by far bear the brunt of every type of discipline – from in-school suspensions to expulsions and school-related arrests. For example: While black students accounted for 15.5 percent of all public school students, they represented about 39 percent of students suspended from school. Here are some of the key takeaways:

– Boys overall were more often disciplined than girls, but the pattern of disproportionate discipline affected both black boys and black girls – the only racial group for which both sexes were disproportionately disciplined in every way: In-school and out-of-school suspensions, expulsion, corporal punishment, referral to law enforcement and school-related arrests.

– Minority students with disabilities are hit especially hard. Nearly a quarter – 23 percent – of black students with disabilities were suspended from school. More than 20 percent of American Indian and Alaskan Native students with disabilities were suspended from school. More than 25 percent of students who identify as two or more races and have disabilities were suspended.

– Poverty is a factor: The GAO found that when there were greater percentages of low-income students in a school, there were generally significantly higher rates of all types of discipline. But black students, boys and students with disabilities were still disciplined disproportionately, regardless of the level of school poverty. And, as was the case in every type of school, black students bore the brunt of it. In high-poverty schools, they were overrepresented by nearly 25 percentage points in suspensions from school, according to the report.

– The disparities can be a drag on the economy . The GAO report notes that research has shown that students who are suspended from school are less likely to graduate on time and more likely to drop out and become involved in the juvenile justice system. “The effects of certain discipline events, such as dropping out, can linger throughout an individual’s lifetime and lead to individual and societal costs,” the report said. It pointed to one study of California youth that estimated that students who dropped out of high school because of suspensions would cost the state about $2.7 billion. Another study the GAO referenced estimated that Florida high school students who drop out earn about $200,000 less over their lifetimes.

MEANWHILE AT ED: DeVos is considering scrapping Obama-era school discipline guidance meant to curb racial disparities. The secretary on Wednesday heard from both supporters and opponents of the guidance, according to meeting participants from two separate closed-press listening sessions. Nathan Bailey, a department spokesman, said that no policy decision has been made on the guidance. He added that the department has held 11 other listening sessions on the topic. Wednesday’s discussions were the first in which DeVos has taken part, Bailey said.

– DeVos opened each of the meetings by noting the 50th anniversary of the assassination of Dr. Martin Luther King Jr. and highlighting the continued need to achieve the full realization of his life’s work, the department said. “She discussed the clear problem, revealed both in the data and in the stories told, of disparate treatment in discipline,” according to a department readout. “She welcomed the participants to share their perspectives on how to best protect all students’ civil rights and promote positive school climates, and asked how the current approach is helping or hurting those efforts.” Mel Leonor has the full story.

– View details about the meeting and participants here. In a statement after the meeting, the department said: “At the request of many of the participants, the sessions were closed to the press to protect the identities of participants who fear retaliation, are in active litigation or shared deeply personal stories involving family members and/or minors. Each session took place in the Secretary’s Conference Room to foster a candid exchange between the Secretary and stakeholders who presented varying perspectives on how school discipline policies should or should not change.”

– Repeal of the guidance has been under consideration for months, but interest in it was renewed following the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., that left 17 dead. Some congressional Republicans have said the Obama-era school discipline policies contributed to law enforcement’s failure to identify and stop the school shooter. The White House targeted the guidance for repeal in its school safety plan – making it a key focus of the school safety commission created by President Donald Trump and chaired by DeVos. But as POLITICO reported last month, there’s no evidence to suggest that those policies had anything to do with the massacre in Parkland.

– The GAO report provides evidence that the guidance should remain in place, said Rep. Bobby Scott (D-Va.), the ranking member of the House Education and the Workforce Committee. Scott and Rep. Jerry Nadler (D-N.Y.), the ranking member of the House Judiciary Committee, requested the GAO investigate school discipline. The report “dispels claims that racially disproportionate rates of discipline are based solely on income,” Scott said in a statement. “This report underscores the need to combat these gross disparities by strengthening, not rescinding, the 2014 Discipline Guidance Package, which recommends specific strategies to reduce the disparities without jeopardizing school safety.”

 

Warning to parents in the Hudson Valley, New York.

Eva Moskowitz is opening a no-excuses Charter School in your neighborhood.

https://thehudsonvalleysuccessacademy.com/

Protect your children against harsh discipline.

Defend your public schools against raids on their funding.

 

 

John Merrow overheard a conversation in which someone compared Eva Moskowitz to Benito Mussolini. He made the trains run on time—the saying of his defenders—and she gets results: high test scores.

Moskowitz and Mussolini

Merrow used to cover “reformers” like Michelle Rhee and Eva Moskowitz sympathetically. He seems to have had a conversion experience, not unlike my own. His last show about Rhee marked a turning point. He became disillusioned.

He is not happy with the uncritical puff pieces found in many publications about the education model created by Eva Moskowitz. He was especially disappointed by Chalkbeat editor and CEO Elizabeth Green’s adulatory article. He wonders why she didn’t ask the tough questions about Eva’s harsh disciplinary regime.

He writes:

“How did Il Duce get the trains to run on time? Could he have ordered them to do whatever was necessary to stay on schedule? Perhaps he issued a directive: ‘If people are still trying to get on the train, but it’s time to leave–just leave.’ He might have added, ‘If a flock of sheep, or some school children, are on the tracks, don’t slow down but toot your horn and plow on through so you can stay on schedule.’ Perhaps there was a third fiat: ‘If a train is so crowded that it cannot get up to full speed, just toss some passengers off the moving train and get back up to speed.’

“If tactics like that enabled Mussolini’s trains to stick to the schedule, then he and Eva Moskowitz have something in common, because the latter has a long history of discarding students who don’t meet her exacting standards. As Kate Taylor in the New York Times (also here). Juan Gonzalez in the New York Daily News (here), (here) and (here), and my colleagues and I on the PBS NewsHour have reported, Success Academies use a wide variety of questionable tactics to weed out students who are not performing–or do not seem likely to perform–well on bubble tests. Those tactics keep her trains running on time, I.E., scoring at the top of the charts on standardized tests.

“Elizabeth Green’s endorsement of Success Academies and their approach to education The Atlantic, headlined “How Charter Schools Won,” is particularly disappointing. Green mentions Taylor’s New York Times reporting but only in the context of Moskowitz’s attacks on her. Green ignores reporting done by Gonzalez, a two-time recipient of the George Polk Award. If she had contacted me, I could have introduced her to a Success Academy custodian who told us about regularly emptying student vomit from the wastebaskets. Although he declined to appear on television, I believe he would have gladly educated Green.

“The omissions in Green’s article (and, to be fair to Green, in most coverage of Moskowitz) are almost too numerous to mention: She does not tell her readers that Moskowitz drives away children–some as young as five–by excessive use of out-of-school suspensions. Banning kids from school for days at a time is an effective device for getting rid of children, particularly when the parents have jobs outside the home. And it’s easy to get suspended from Success Academy. On my blog I published Success Academies’ draconian list of offenses that can lead to suspension, about 65 of them in all. “Slouching/failing to be in ‘Ready to Succeed’ position” more than once, “Getting out of one’s seat without permission at any point during the school day,” and “Making noise in the hallways, in the auditorium, or any general building space without permission” can get a child an out-of-school suspension that can last as long as five days. The code includes a catch-all, vague offense that all of us are guilty of at times, “Being off-task.””

He has much more to say. I urge you to read it.

In an article by veteran journalist Heather Vogell, ProPublica asks hard questions about alternative schools.

The word “alternative” implies a choice. But in an era when the freedom to pick your school is trumpeted by advocates and politicians, students don’t choose the alternative schools to which districts send them for breaking the rules: They’re sentenced to them. Of 39 state education departments that responded to a ProPublica survey last year, 29, or about three-quarters, said school districts could transfer students involuntarily to alternative programs for disciplinary reasons…

Thousands of students are involuntarily reassigned to these schools each year, often for a seemingly minor offense, and never get back on track, a ProPublica investigation has found. Alternative schools are often located in crumbling buildings or trailers, with classes taught largely by computers and little in the way of counseling services or extracurricular activities.

The forced placements have persisted even though the Obama administration in 2014 told schools they should suspend, expel or transfer students to alternative schools only as a last resort — and warned them that they risked a federal civil rights investigation if their disciplinary actions reflected discrimination based on race. Federal data shows that black and Hispanic students are often punished more than white students for similar violations.

Moreover, despite legal protections afforded students with disabilities, a disproportionate number of those exiled in some districts have special education plans…

Now, the Trump administration is being pressed to view such removals more favorably. In November, a group of teachers and conservative education advocates met with aides to Education Secretary Betsy DeVos to express concerns about the 2014 guidance. The group said the Obama-era approach made schools less safe, allowing disruptive students to hijack classrooms.

That meeting has raised fears among civil rights advocates that the Trump administration will rescind the guidance, prompting schools to increase the number of children excluded from regular classrooms. “We’re deeply concerned this administration is not committed to protecting the civil rights of students,” says Elizabeth Olsson, senior policy associate for the NAACP Legal Defense Fund. She cited reports that DeVos may scrap a rule aimed at preventing schools from unnecessarily placing minority students in special education.

A federal education spokesman on Nov. 29 declined to comment on the issue.

To be sure, many students are sent to alternative schools for major offenses involving drugs, alcohol, weapons or violence. But others are forced to go for reasons that include rudeness, using their cellphones at inappropriate times, or — in about half of the states ProPublica surveyed — nondisciplinary problems such as bad grades. In states like Florida, students who fall academically have been pushed to transfer to alternative schools as a way to game the state’s accountability system. Pennsylvania law lets school officials relegate students to that state’s Alternative Education for Disruptive Youth program for showing “disregard for school authority.” In Aiken, about 40 percent of transfers in 2014-2015, the year Logan was reassigned, were for lesser offenses, including 13 for using profanity, 27 for truancy, 28 for not following an adult’s instructions and 18 for showing disrespect.

[I am reposting since I just discovered that I put the wrong link in the original post. Sorry, Susan!]

Susan Ochshorn of ECE PolicyWorks and a new member of the board of the Network for Public educatio, writes here about two polar opposites: Deborah Meier and Eva Moskowitz.

Ochshorn compares the biographies, the lives, and the education philosophy of these two people.

She begins with Meier, an advovate, like Ochshorn, for children’s right to play:

“More than two decades ago, Deborah Meier warned that the idea of democracy was in peril. “Is it ever otherwise?” she asked in the preface to The Power of Their Ideas, her elegantly argued manifesto for public education. A self-described preacher on its behalf, she has spent half a century nurturing “everyone’s inalienable capacity to be an inventor, dreamer, and theorist—to count in the larger scheme of things.”

“I met Meier in the mid-aughts, when I joined a grassroots campaign she spearheaded in New York City to restore creative play and hands-on learning to preschools and kindergartens. This éminence grise of progressive early childhood education and the small-schools movement (for which she received a MacArthur fellowship in 1987) had begun her career as a kindergarten teacher at the Shoesmith School in Kenwood, a diverse neighborhood wedged between the University of Chicago’s Hyde Park and an impoverished black community.”

When she turns to Moskowitz, she sees a power-hungry woman who uses children for her own purposes.

“The Education of Eva Moskowitz” is a torturous read. After 359 pages of copious detail, an internal structure that defies chronology, zig-zagging across Moskowitz’s life, the evisceration of journalists, politicians and “union flacks,” as she refers to people and organizations fighting for social justice, and anyone else who has crossed her, my mind was numb. Not to mention her hubris, greed, narcissism, humorlessness and lack of self-awareness…

“His hypocrisy would have been comical if the fates of real children weren’t at stake,” Moskowitz writes of Mayor Bill de Blasio, her adversary in building an empire. Ah, yes, the children. “While it can be frustrating to teach them because they don’t know how to behave,” Moskowitz writes in a chapter called “Weevils” (an infestation she attributes to snacks from the Department of Education), “the upside is that they are virtually a blank slate…. if you take advantage of that fact to teach them to become good learners, that investment will pay dividends for years to come.”

“Apparently, Moskowitz isn’t aware that the tabula rasa theory of the English empiricist John Locke has been discredited by decades of neurological and developmental science. As Berkeley psychologist Alison Gopnik writes in The Philosophical Baby, “Their minds seem drastically limited; they know so much less than we do. And yet long before they can read and write, they have extraordinary powers of imagination and creativity, and long before they go to school, they have remarkable learning abilities.”

“Moskowitz and other charter network operators such as KIPP’s David Levin have cast their “No Excuses” schools in the mold of Harvard psychologist B.F. Skinner, whose radical behaviorism ignores internal processes—thoughts, feelings, and neurophysiological processes—emphasizing the relationship between observable stimuli and responses. Through a process called operant conditioning, behavior is modified by positive and negative reinforcement. (See Pavlov and his dogs.)

“With harsh discipline, and incentives offered for good behavior and high scores on practice tests, Moskowitz remains convinced she can close the achievement gap between her students, the vast majority of whom are black or Latino living in poverty, and their more affluent, white peers. Her methods are abusive. Students’ every movement is monitored. Daydreaming is prohibited. Children are shamed, their lackluster performances on weekly spelling and math quizzes posted in a red zone on charts in the hallway.”

As we view these two, we see a struggle for the heart and soul of American education, or for the hearts and souls of our children. Big money is betting on Moskowitz. She is the darling of Wall Street, DFER, and other corporate titans. The survival of our democracy and humane ideals is riding on Meier’s vision.

Here are two of my favorite bloggers, reacting to the same article: Elizabeth Green on Eva Moskowitz.

Elizabeth Green in co-founder, CEO, and editor-in-chief of Chalkbeat, which covers education in several cities. Chalkbeat is funded by the Gates Foindatuon, the zwalton Family Foundation, and several others.

I would describe the article as loving. Peter sees it as worshipful. Mercedes says it is perplexing.

Read it yourself and come up with your own adjective.

Peter Greene read Elizabeth Green’s worshipful portrayal of Eva Moskowitz and commented in his inimitable stye.

This is the short summary:

In the end, Green seems ready to dump Democracy, scrap public schools, and elevate an autocratic Beloved Leader CEO charter system. In a way, it’s fitting that in an era in which some people are willing to turn to a one-person authoritarian form of the Presidency under Beloved Leader Trump, some folks will also yearn for the same system for schools, arguing that she may be a dictator, she may be autocratic, she may require the suspension of Democracy, but I think she means well, and she makes the trains run on time. Just don’t look too closely at where the train is running or exactly who gets to ride on board.

What surprised me was that in her fulsome praise for Eva and charter schools, Green makes no mention of the NAACP report calling for a charter moratorium or EdNext’s poll showing plummeting support for charter schools in only the last year or the cascading number of charter frauds and scandals. It is a very rosy and one-sided picture that she paints.

Mercedes Schneider sees a somewhat more nuanced article.

“The piece reads as if it were written by two people: One who is impressed with Moskowitz and her schools (and who perhaps wishes to please Moskowitz with this article), and another who sees the problems of the likes of Moskowitz continuing to expand a hedge-funded, education empire that could buy its way to doing whatever it so desires– with the term, “whatever” holding dark and damaging overtones.

“Green might have been trying to include both pros and cons of Moskowitz and a Moskowitz-styled education, but the concerns Green expresses cannot be reasonably reconciled with the language of admiration included in the selfsame article.”

Mercedes sees an undertone of worry and concern in the article.

What do you think?