Archives for category: New York

For years, parent advocates for student privacy have been pushing the state to stop the College Board from selling student data to colleges. See Reuters story here. The state Attorney General Letitia James and Board of Regents Chair Betty Rosa sued the College Board and won.

FOR IMMEDIATE RELEASE    
February 13, 2024

Attorney General’s Press Office/212-416-8060nyag.pressoffice@ag.ny.gov

Attorney General James and NYSED Commissioner Rosa
Secure $750,000 from College Board for Violating Students’ Privacy

NEW YORK – New York Attorney General Letitia James and New York State Education Department (NYSED) Commissioner Betty A. Rosa announced a $750,000 settlement with College Board for violating students’ privacy and unlawfully selling their personal data. For years, College Board collected students’ personal information when they took the PSAT, SAT, and AP exams in school, and then licensed this data to colleges, scholarship programs, and other customers who used it to solicit students to participate in their programs. In 2019 alone, College Board improperly licensed the information of more than 237,000 New York students who took their exams. In addition, College Board improperly sent promotional materials to students who signed up for College Board accounts in connection with exams or AP courses. As a result of today’s agreement, College Board must pay $750,000 in penalties and will be prohibited from monetizing New York students’ data that it acquires through its contracts with New York schools and school districts.

“Students have more than enough to be stressed about when they take college entrance exams, and shouldn’t have to worry about their personal information being bought and sold,” said Attorney General James. “New York law requires organizations like College Board to protect the data they collect from students when they take their exams in school, not sell it to customers for a profit. I want to thank Commissioner Rosa for her work on this investigation to ensure we hold College Board accountable and protect New York students’ privacy.”  

“When the organizations we trust to provide meaningful services to our students exploit student information for profit, it violates privacy laws as well as the public trust,” said Commissioner Betty A. Rosa. “We will continue to ensure that every student’s information is appropriately utilized and protected. We are grateful to the Attorney General for her collaboration in protecting the interests of the students and families of New York.”

College Board is a New York-based non-profit institution that develops and administers standardized tests, primarily to high school students who take them as part of the college admissions process. It also develops other college readiness programs, such as AP courses, and has a contract with NYSED to subsidize AP exam fees for low-income students. In addition, College Board operates the Student Search Service (Search), in which it licenses data it collects from students — including their names, contact information, ethnicity, GPAs, and test scores — to customers like colleges and scholarship programs to use for recruiting students. 

Beginning in 2010, College Board contracted with New York schools and school districts to allow schools to offer the PSAT and SAT exams during the school day and to pay for the students’ exam fees. In the past five years, approximately 20 New York schools or school districts, including the New York City Department of Education, which operates more than 500 high schools, have entered into such contracts. Schools across New York have also consistently signed agreements with College Board to offer AP courses and exams.

An investigation led by the Office of the Attorney General (OAG) revealed that prior to June 2022, College Board solicited students to provide information, such as their GPA, anticipated course of study, interest in a religiously affiliated college and religious activities, and parents’ level of income, during the administration of PSAT, SAT, and AP exams, as well as when students signed up for a College Board online account. Although providing this data for participation in Search was optional, students were solicited to participate in the urgent context of an important exam and were encouraged to sign up because it would connect them with scholarship and college opportunities. From 2018-2022, College Board licensed New York student data to over 1,000 institutions through Search and received significant revenue from data related to New York students who took PSAT, SAT, or AP exams during the school day.    

The investigation further found that College Board improperly used student data for its own marketing. Until fall 2022, College Board used student data collected in connection with PSAT and SAT exams administered during the school day to send marketing communications. In addition, until 2023, when New York students registered for the AP program, they were solicited to opt in to receiving College Board marketing materials. 

Under New York law, it is illegal to use student data obtained under a contract with a New York educational agency for commercial or marketing purposes. The investigation found College Board improperly used student data obtained in connection with PSAT and SAT exams administered during the school day and the AP program by licensing student data to Search clients and using student data to send its own marketing materials.  

Under the settlement announced today, College Board must pay $750,000 in penalties, disgorgement, and costs to the state. College Board is also prohibited from using New York student data it collects or receives in connection with a contract with a New York educational agency for any marketing or commercial purposes. This includes data obtained from administering PSAT, SAT, or AP exams during the school day. In addition, College Board cannot solicit students to participate in Search or similar programs during these exams.

This matter was handled for OAG by Assistant Attorneys General Laura Mumm, Jina John, and Hanna Baek of the Bureau of Internet and Technology, under the supervision of Bureau Chief Kim Berger and Deputy Bureau Chief Clark Russell, with special assistance from former Special Advisor and Senior Counsel for Economic Justice Zephyr Teachout. The Bureau of Internet and Technology is part of the Division for Economic Justice, which is overseen by Chief Deputy Attorney General Chris D’Angelo and First Deputy Attorney General Jennifer Levy.

This matter was handled for NYSED by Chief Privacy Officer Louise De Candia and Counsel & Deputy Commissioner for Legal Affairs Daniel Morton-Bentley.

Gary Rubinstein has been following the ups and downs of New York’s highest scoring charter school chain: Success Academy. Every year, the grades 3-8 test scores at the chain are through the roof. But Gary noticed that the high school students at Success Academy do not take Advsnced a regents exams as they do at the New York City’s highest performing high schools.

Gary examines this question:

Success Academy is a charter network with about 40 schools in the New York City area. They are known for their high standardized 3-8 test scores. Though it has been proved that their test scores are somewhat inflated by their practices of shedding their low performing students over the year and also by, at some schools, focusing exclusively on test prep in the months leading up to the tests, they still have these test scores to show their funders and the various charter school cheerleaders.

In June there was an article on the website of something called Albany Strategic Advisors, some kind of consulting firm about how well middle school students at Success Academy performed on four of the New York State Regents exams: Algebra I, Living Environment, Global History, and English. The last sentence of the second to last paragraph explains that these results are important because “Taking the exams in middle school allows students to take more advanced college preparatory courses in high school.”

These ‘more advanced college preparatory courses in high school’ include 10 other courses that have Regents exams including Geometry, Algebra II, Chemistry, Physics, US History, and Spanish. The minimum requirements for getting what is called ‘a Regents diploma’ in New York is one math Regents, one science Regents, one Social Studies Regents, and the English Regents. But to get an ‘Advanced Regents diploma’ you need all three maths and all three sciences and one foreign language Regents. Most competitive high school have their students take these other Regents which are known to be fairly straight forward tests with very generous curves.

About 8 years ago I noticed that there were no Regents scores for any of the other 10 exams in the Success Academy high school. Then 6 years ago I found that some of their students actually were taking some of the more difficult Regents but they were doing very poorly on them. And now, 6 years later, I checked up on them again to find that in the three Success Academy high schools which enroll a total of about 1,100 students from grades 9 to 12, they again do not have any scores for any of the Regents that are typically taken at competitive schools.

So why does this matter?

Well, Success Academy has spent eighteen years carefully cultivating their image. They want families to think that they have the highest expectations and that families should trust them to educate their children because those higher expectations will lead to those students learning the most. And we all know about their 3-8 state tests in Math and ELA. But it is pretty ‘odd’ that their students don’t take the more difficult Regents. The most likely reason for this is that Success Academy only wants information public that makes them look good and avoids any action that could reveal public data that reveals that they do not live up to their reputation. So I believe that they don’t allow their students to take the Regents because they believe that the scores on those Regents won’t be as impressive as their 3-8 state test scores compared to other schools. If I am right then this is an example of Success Academy choosing to preserve their inflated reputation over giving their students the opportunity to challenge themselves on these competitive exams.

Please open the link to finish the article. Nobody does this kind of close review better than Gary Rubinstein.

On September 21, a bus carrying the Farmingdale (Long Island, New York) High School marching band to band camp in Pennsylvania crashed through a guard rail and plummeted down a 50-foot ravine, killing the band director and a retired teacher chaperoning the group. Many in the community thought the marching band would not perform this season, given the tragic circumstances.

But perform they did, to the great pleasure of thousands who turned out for the homecoming football game. The musicians thought it was a way to honor the memory of their lost leader.

FARMINGDALE, NY — Thunderous cheers and applause. Tears. Pride. Hugs. Hope. All of that was in abundance as a sea of Dalers green, black and white descended upon Farmingdale High School for the school’s homecoming on Friday night.

Of the thousands surrounding the perimeter of the football field, many of them were there to celebrate the marching band’s return to the field, just two weeks after the horrific bus crash that claimed the lives of two educators: Gina Pellettiere, 43, of Massapequa, and Beatrice “Bea” Ferrari, 77, of Farmingdale. The bus overturned in Orange County on Sept. 21 as it was transporting the marching band to its annual band camp in Greeley, Pennsylvania.

For the first time in more than a decade, the Daler Marching Band performed without the guiding baton of Pellettiere — or “Ms. P,” as her students affectionately knew her. But while Pellettiere was not physically on the field during the pre-game and halftime performances, her students knew she was there in spirit.

“This is definitely what she would’ve wanted,” Philip Sullivan, a senior trumpet player in the Farmingdale marching band, told Patch. “I know she’s looking down on us right now, happy that we’re back performing, carrying on her legacy.”

The band first took the field before the opening kick-off between the Farmingdale Dalers and Baldwin Bruins. It performed “The Star-Spangled Banner” in front of an emotional crowd, followed by the school’s fight song.

By the way, the home team won, 42-0.

Leonie Haimson is executive director of Class Size Matters. She has worked tirelessly to persuade legislators in New York State to limit class sizes. Her efforts were successful in the latest legislative session when both houses passed limits on class sizes.

However billionaire Michael Bloomberg, who was mayor of New York City for 12 years, has been an outspoken critic of class size reduction. In this article that appeared on Valerie Strauss’s “Answer Sheet,” Haimson explains why Bloomberg is wrong.

Strauss writes:

In 2014, I wrote this: “Every now and then someone in education policy (Arne Duncan) or education philanthropy (Bill Gates) …. will say something about why class size isn’t really very important because a great teacher can handle a boatload of kids.”


Well, some can do that, but anybody who has been in a classroom knows the virtues of classes that are smaller rather than larger even without the research that has been shown to bear that out.


Now the issue is back in the spotlight, this time in New York City, where a new state law requires the public school system — the largest in the country — to reduce class sizes over five years. Opponents of the law are pushing back, especially Mike Bloomberg, mayor of New York City from 2002 to 2013. He called for smaller class sizes in his first mayoral campaign but has now changed his mind.


In an op-ed in several publications, Bloomberg says students don’t need smaller classes but better schools — as if the two were entirely unrelated — and he ignores research, such as a 2014 review of major research that found class size matters a lot, especially for low-income and minority students.

This post, written by Leonie Haimson, looks at the issue, and Bloomberg’s position. Haimson is executive director of Class Size Matters, a nonprofit organization that advocates for smaller classes in New York City and across the nation as a key driver of education equity.

By Leonie Haimson


The knives are out against the new class size law, overwhelmingly passed in the New York State Legislature in June 2022, requiring New York City schools to phase in smaller classes over five years, starting this school year. The law calls for class sizes in grades K-3 to be limited to no more than twenty students; 23 students in grades 4-8, and 25 in core high school classes, to be achieved by the end of the 2027 school year. The law was passed despite the opposition of the city’s Department of Education officials, who insist that it will be too expensive, and somehow inequitable, because, they say, the highest-need students already have small enough classes.

Most recently, Mike Bloomberg, the former mayor of New York City and an adviser to Mayor Eric Adams, published identical opinion pieces in three major outlets: Bloomberg News (which he owns), The Washington Post, and the New York Post, inveighing against the goal of lowering class sizes. His piece is clearly meant to sway opinion leaders and legislators to repeal the law, and because of his prominent position, some may listen without knowing about fundamental problems in his op-ed.

Class size reduction has been shown as an effective way to improve learning and engagement for all students, especially those who are disadvantaged, and thus is a key driver of education equity. The Institute of Education Sciences cites lowering class size as one of only four education interventions proven to work through rigorous evidence; and multiple studies show that it narrows the achievement or opportunity gap between income and racial groups.

Bloomberg claims that because of the initiative, “City officials say they’ll have to hire 17,700 new teachers by 2028.” Actually, the estimate from the New York City Department of Education (DOE) itself is far smaller. In their draft class size reduction plan, posted on July 21, DOE officials estimated that 9,000 more teachers would be required over five years. While it’s true that the Independent Budget Office estimated the figure cited by Bloomberg, this large disparity between the two figures appears to stem from the fact that, as the IBO pointed out, the DOE’s budget already includes 7,500 unfilled teaching positions, which schools have not been allowed to fill. While Bloomberg claims the cost will be $1.9 billion for staffing, the DOE’s own plan estimates $1.3 billion — and these costs could be considerably lower if they redeployed teachers who are currently assigned to out-of-classroom positions to the classroom to lower class size.

The legislature passed the new law in recognition that the city’s DOE is now receiving $1.6 billion in additional state aid to finally settle the Campaign for Fiscal Equity lawsuit launched more than 20 years ago. In that case, the state’s highest court found that, because of excessive class sizes, the city’s children were deprived of their constitutional right to a sound, basic education.

Yet since his election, Adams has repeatedly cut education spending, and now threatens to cut it even more, by another 15 percent. As a result of these cuts, class sizes increased last year and will likely be larger this year. Hiring enough teachers to meet the law’s requirements will be a challenge in any case, but it will be impossible to achieve if the administration’s repeated cuts and hiring freezes are implemented.

Yet in the end, smaller classes would likely strengthen teacher quality by lowering teacher attrition rates, especially at our highest-need schools, as studies have shown.

In his op-ed, Bloomberg claims that creating the additional space necessary to lower class size will cost $35 billion, which is misleading. DOE did include this estimate in its original May 2023 draft class size plan. However following pushback by critics who pointed out that this figure bore no relation to reality, they deleted that inflated estimate in their more recent July class size plan. If DOE equalized or redistributed enrollment across schools, this would likely save billions of dollars in capital expenses. Right now, there are hundreds of underutilized public schools, sitting close by overcrowded schools that lack the space to lower class size.

Bloomberg, echoing an erroneous DOE claim that funds spent on lowering class size will not help the highest-need students, wrote: “Under the new mandate, only 38 percent of the highest-poverty schools would see class sizes shrink, compared to nearly 70 percent of medium- to low-poverty schools … it won’t help the students who need it most.”

Actually, only 8 percent of schools with the highest poverty levels (with 90 percent or more low-income students) fully complied with the class size caps last year, according to an analysis by Class Size Matters. Thus, 92 percent of these schools would see their class sizes shrink if DOE complied with the law, rather than the 38 percent that Bloomberg claims.

Moreover, by solely focusing on schools with 90 percent poverty levels or more, his claims are misleading. A piece in the education publication Chalkbeat attempted to make a similar argument, by using class size data provided by DOE that shows that 68 percent of classes in the highest-poverty schools met the class size limit. This is far different than Bloomberg’s claim that 68 percent of these schools are achieving the limits in all of their classes.

In addition, the class size data, analyzed in conjunction with DOE demographic data, shows that there are many more NYC public schools in the other two categories summarized by Chalkbeat, “Low-to-Mid Poverty” (schools with 0-75 percent low-income students) and “High Poverty” (schools with 75 percent to 90 percent low-income students), than those in their “Highest Poverty” category. Most importantly, these two categories of schools enroll a supermajority of our highest-needs students.

In fact, 79 percent of low-income students, 78 percent of Black students, 74 percent of Hispanic students, and 74 percent of English-language learners are enrolled in these other two categories of schools, while only 21 percent to 26 percent of these students are enrolled in the “Highest Poverty” category.

This further indicates that without a citywide mandate to lower class size, smaller classes would likely never reach most of our most disadvantaged students.

Indeed, the highest-needs students, including students of color, low-income students, and English-language learners, have been shown to gain twice the benefits from smaller classes in terms of higher achievement rates, more engagement, and eventual success in school and beyond, which is why class size reduction is one of very few education reforms proven to narrow the achievement or opportunity gap. Thus, by its very nature, lowering class size is a key driver of education equity.

There is also no guarantee that the smaller classes in our highest poverty schools will be sustained without a legal mandate to do so. In July, DOE officials omitted the promise in their May class size plan that schools that had already achieved the caps would continue to do so, as pointed out by a letter signed by over 230 advocates, parents, and teachers. In fact, we found that fewer of the schools in every category achieved the class size caps last year compared to the year before.

Only 69 schools citywide fully met the caps in the fall of 2022, compared to 89 in the fall of 2021, and the number of students enrolled in those schools declined from 18,248 to only 13,905, a decrease of nearly 25 percent. Fewer still will likely do so this year.

So given that the data does not back up his claims, why is Bloomberg so apparently enraged at the notion that public school students would be provided the opportunity to benefit from smaller classes.

One should recall that when he first ran for mayor more than 20 years ago, Bloomberg himself promised to lower class size, especially in the early grades. His 2002 campaign kit put it this way: “Studies confirm one of the greatest detriments to learning is an overcrowded classroom … For students a loud packed classroom means greater chance of falling behind. For teachers, class overcrowding means a tougher time teaching & giving students attention they need.”

Yet class sizes increased sharply during the Bloomberg years, and by 2013, his last year in office, class sizes in the early grades in public schools had risen to the highest levels in 15 years. By that time, he had long renounced his earlier pledge, and had proclaimed in a 2011 speech that he would fire half the teachers and double class sizes if he could, and this would be a “good deal for the students.”

Bloomberg’s main educational legacy in New York City was a huge increase in the number of charter schools as a result of his decision to provide them free space in public school buildings, and his successful effort to persuade state legislators to raise the charter cap. During his three terms in office, the number of charter schools in the city exploded from 19 to 183.

Since leaving office, Bloomberg has continued to express his preference for charter schools, and has pledged $750 million for their further expansion in the city and beyond. A close reading of his op-ed suggests that one of the main reasons for his vehement opposition to the new law is because lowering class size may take classroom space in our public schools that, in his view, should be used instead for charter schools.

Indeed, he concludes the op-ed by saying “it would help if Democratic leaders were more supportive of high-quality public charter schools,” and goes on to rail against a recent lawsuit to block the Adams administration’s decision to co-locate two Success charter schools in public school buildings in Brooklyn and Queens — a lawsuit filed on the basis that it would diminish the space available to lower class size for existing public school students.

Of the $750 million Bloomberg pledged for charter expansion, $100 million was specifically earmarked for Success Academy. Regarding the lawsuit, launched by the teachers union along with parents and educators in the affected schools, Bloomberg writes, “It was an outrageous attack on children, and thankfully, it failed.”

Misleading people about the value of small classes to teachers and students as well as about class size data seems to be an attack on opportunities for New York City public school children, who deserve better. Class Size Matters hopes these efforts fail.

Michael Mulgrew of the United Federation of Teachers released a statement calling for charter school accountability. Charter schools have a well-funded lobbying operation in New York. Their lobby has won significant victories, like forcing the City of New York to pay for private rentals for charters, even when the charter corporation owns the building! You can be sure the lobbyists will be working overtime to kill every accountability measure proposed here.

A sponsored message from the United Federation of Teachers

It’s time to hold charter schools accountable

By Michael Mulgrew

Now that the overdue state budget has been resolved, it’s time for the Legislature to turn its attention to a major issue in state education policy — the lack of accountability and transparency in the state’s charter schools.

Charter schools in New York State received more than $3 billion a year in taxpayer dollars without any real accountability about how they spend the public money or repercussions when many act like private schools and exclude the state’s most vulnerable students.

It’s time for Albany to pass a legislative package to bring real oversight to the charter sector.

The Accountability and Transparency bill, sponsored by Sen. Brad Holman-Sigal and Assembly Member Michael Benedetto, would require charters to demonstrate actual financial need in order to get free public space or rental subsidies.

Charters would have to disclose their assets, and any school with $1 million or more would be ineligible for such assistance. The bill would also cap the salaries of charter officials.

In addition, the measure would ensure that charter schools enroll and retain the same percentage of the most vulnerable children — English language learners and special education students, among others — as the public school district where they are located.

The bill would withhold funding from charters that fail to enroll appropriate numbers of these students, and meeting these targets would become a key component of any charter renewal decisions. Repeated failure to meet reporting requirements would be grounds for termination of a charter.

The Grade Expansion bill, sponsored by Sen. Shelley Mayer and Assembly Member Benedetto, would prevent charters from expanding their grade levels without any substantial review of their operations.

Under current law, charters originally authorized to offer kindergarten to fifth grade can add middle school grades, and even eventually high school levels, by simply applying for a revision of their current authorization. Under this bill, each expansion would require the same level of scrutiny as a new authorization.

The Charter Authorizer bill, sponsored by Sen. John Liu and Assembly Member Benedetto, would address the current imbalance between charter school authorizers that allows some schools to evade strict licensing standards.

Under current law, the state’s Board of Regents, local school districts, and the State University of New York (SUNY) can all authorize the creation of a charter school, but only the Regents can actually issue a charter.

When the Regents review a charter request, they can order changes in the charter’s operating plan to ensure that the school meets the needs of its students and complies with state law. In most circumstances, no charter will actually be issued until the charter’s sponsors meet the Regents’ requirements.

But the SUNY Trustees are in effect permitted to disregard the Regents’ demands and have allowed the renewal of charters with high numbers of uncertified teachers or low numbers of students with disabilities or English language learners.

The charter school movement began with bold promises of remaking the educational landscape. The reality is that charters’ “success” has mostly come at the expense of public school children and families.

Some charter chains have built up huge reserves from private donations, pay inappropriate salaries to their executives, and yet still demand public space and resources. These demands are particularly infuriating from charters that manage to evade requirements to enroll the neediest students even as they divert huge resources from public institutions.

Charter schools claim to be public schools and suck up huge sums of public money. But real public schools serve all students, and meet stringent requirements of law and regulation. It’s time to start holding charter schools to the same standards.

The charter lobby in New York is well funded by billionaires like Michael Bloomberg and Paul Tudor Jones as a long list of Wall Street hedge funders. These elites want the state and New York City to open unlimited numbers of charter schools, despite their impact on public schools, attended by nearly 90% of students. New York City has a cap of 275 charters.

But that’s not enough for the billionaires. Governor Kathy Hochul is attentive to their needs because they supply campaign cash.

The legislature rejected her proposal to lift the caps, but she succeeded in inflicting 14 “zombie charters” on NYC. A zombie charter is one that opened but failed.

At a time of budget cuts, this decision will put more stress on the city’s public schools.

The United Federation of Teachers reacted:

Contact: UFT Press Office | press@uft.orgDick Riley | C: 917.880.5728

Alison Gendar | C: 718.490.2964

Melissa Khan | C: 646-901-1501

FOR IMMEDIATE RELEASE – Thursday, April 27, 2023

UFT Statement on the State Charter Deal

 

“The Senate and the Assembly did the right thing by rejecting the governor’s plan to lift the New York charter cap. Unfortunately, the governor listened to the demands of a handful of billionaires and revived 14 zombie charters for New York City — even though New York City has nearly 40,000 unused charter seats. Now it’s time for the governor to listen to New York parents who want accountability and transparency from the charter sector and an end to loopholes that benefit corporate charters at the expense of our public schools.”

 

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Charter “co-location” has become a flash point for conflict in urban districts. In New York City, charter schools were given the right to take space in public schools, and thanks to former Governor Andrew Cuomo, the city is required to pay the charter’s rent if it hires private space. Charter co-locations take up every available empty space in a school, typically disadvantaging the host school, which becomes overcrowded. The charter rooms are newly refurbished even in public schools that have waited years for upgrades.

Recently the New York City Board of Education (known as the “Panel for Educational Policy”) voted to co-locate two Success Academy charters in public schools in Queens and Brooklyn. The co-location conflicts with a class-size reduction law passed by the State Lefislature. Parents, educators and the United Federation of Teachers have gone to court to block the co-location.

For Immediate Release – Tuesday, March 28, 2023

Parents, educators, UFT launch court action to block co-location of two Success Academy charters with Queens and Brooklyn public schools

Lawsuit claims DOE failed to account for state law class size caps, needs of disabled students and more

Parents, a teacher, and the United Federation of Teachers (UFT) today filed a lawsuit in Manhattan State Supreme Court charging that the New York City Department of Education violated state education law and its own regulations when it sought to co-locate two Success Academy charter schools into Queens and Brooklyn public schools without providing an in-depth analysis of how these co-locations would affect the students already in those public schools.

The city’s Panel for Education Policy voted in November and December in favor of the co-locations, but as the lawsuit says, “The DOE has misled parents, the public, and the PEP itself regarding the actual impacts of its proposed co-locations, including both schools’ ability to comply with impending requirements of the new Class Size Law.”

Attorneys for the United Federation of Teachers were joined in the legal action by Advocates for Justice Legal Foundation, along with a teacher and parents of children from the affected schools.

The schools involved include the Waterside School for Leadership in Far Rockaway, Queens, and the Sheepshead Bay Educational Campus that is home to Origins High School, Professional Pathways High School, and New Visions Charter High School for Advanced Math and Science III.

According to the lawsuit, the DOE underestimated the effects of the co-locations by assuming that current class sizes in these schools would continue into the foreseeable future, ignoring the requirements of the new state class size law.

Under that law, all schools will have to cap class sizes in kindergarten through grade three at twenty students; grades four through eight at twenty-three students; and grades nine through twelve at twenty-five students, to be phased in over five years, starting next fall.

According to the lawsuit, many classes in two of the existing schools are already far above those limits and will require additional space to lower class sizes to mandated levels. Yet this need is never mentioned in the legally-required Educational Impact Statements (EIS) for these co-locations, nor is there sufficient space allocated to these schools to be able to reduce class size to mandated levels in the future.

Absent from the EIS is any mention that students at Waterside will lose their science lab, and that all four schools may lose many other dedicated rooms needed to deliver intervention and special education services.

 

Estherll Dorancy, the PTA President of Waterside School for Leadership said, “Parents weren’t even aware of what was going on when these decisions were being made. Our students will lose classrooms needed to lower their class sizes and their science lab, which is critical if they are going to be able to pass their 8th-grade state science exams.”

 

As the lawsuit makes clear, the DOE is legally required to produce in-depth EIS reviews. According to the lawsuit, “the DOE is going through the motions of what the law requires instead of actually complying with it.”

Irina Pistsov, another parent at the Waterside School for Leadership said, “The science lab is a critical resource for students at Waterside and it is already a challenge to provide adequate lab time to meet state standards.”

As the lawsuit maintains, there is nothing in any of the EISs produced for these proposed co-locations, or in the Instructional Footprints upon which they are based, “that ensure or even analyze whether there would be sufficient dedicated spaces for students with disabilities to receive their mandated services after the co-locations occur.”

The parties seek an injunction to prevent the co-locations from occurring until and unless the DOE complies with the requirements of the Education law — “to provide the impacted students, parents, community, and members of the Panel for Educational Policy with adequate specific information about major changes to their school’s space and how these changes will impact the education of the existing and prospective students.”

 

 

 

 

 

Crain’s New York reported that New York City’s high-flying super-wealthy high-test-scoring Succes Academy charter chain bought up 11 plots in Jamaica, Querns, for $30 million as part of its expansion plans.

The charter chain previously bought property in the South Bronx for $105 million, to build a K-12 school.

Leonie Haimson, executive director of Class Size Matters wrote about these purchases:

Class Size Matters issued reports in 2019 and 2021 that showed the following:

  • In FY 2019, DOE overspent on charter lease subsidies by over $21 million compared to their legal obligation.
  • In several cases, the charter school rents charged to DOE appeared to be greatly inflated, including in cases where the CMO owned the buildings.
  • As of FY 2023, 81 charter schools are housed in 103 buildings owned or subleased by their CMO or other affiliated organization, charging DOE about $125 million per year.
  • For at least 34 of these schools in 39 buildings, DOE is paying entire cost of the lease rather than per pupil amount, totaling nearly $43 million in FY 2023 – and in these cases, it is unclear if the rent charged to DOE is inflated or assessed at fair market value.
  • More than a year ago, March 15, 2022, Senator John Liu, Senator Robert Jackson and CM Rita Joseph, sent a letter to NYC Comptroller Brad Lander asking him to audit the issue of charter rent as well as millions of dollars in missing matching funds for facility enhancements, supposed to be provided to public schools co-located with charters as required by law. Yet to our knowledge, no such audit has yet happened.

 

The issues mentioned below re New Markets Credits for charter school land acquisition and construction is another issue that the Comptroller should look into. I see New Markets Credits were used to convert a theater into the Brownsville Ascend Charter School Middle School as explained here.

 

We have a charter schools briefing here, that we’d be happy to provide to any CEC or other parent organization.We also drafted a charter resolution in opposition to raising the cap and for amending the charter law in many ways, including eliminating the obligation that DOE pay for charter rent or provide them with space in a public school, the only district in the country with this onerous obligation, as well as touching on many other issues.

Noah Gotbaum, a community activist, responded to Leonie’s post. He cited another article in Crain’s about a 70,000 square foot lease for Brooklyn Prospect Charter School,

…showing that the City’s obligation to pay rent for Charters with taxpayer dollars has become a boondoggle for private investors. “Investor appetite for charter school development has also grown, due to the long-term nature of their occupancy,” he added, citing the length of Brooklyn Prospect’s lease. Re Success, I wouldn’t be surprised if they are structuring the land purchase as a private investment, so beyond using city rent dollars to pay its private investors a healthy return, Success likely is also selling the New Markets’ Tax Credits to make even more money for its friends. Also could be getting the State on the hook to float tax exempt bond funding to pay for the construction. All while paying Eva Moskowitz over a million dollars a year through various different entities. Nice work if you can get it.

The New York Times dug into financial records of a new group lobbying in support of Governor Kathy Hochul’s proposed $33 billion budget. The group is called American Opportunity. It’s biggest funder is billionaire Michael Bloomberg. Its biggest goals: no new taxes on the rich and more charter schools.

The slick campaign-style ads have been running on repeat during telecasts of “Jeopardy!” and March Madness basketball. They trumpet, at great expense, the agenda of New York’s governor, Kathy Hochul. And at the end of each, a tiny message says they are paid for by a vanilla-sounding group, American Opportunity.

But beneath a maze of shell groups and indirection, the real source of most of the funding for the mysterious new multimillion-dollar campaign to shape the state’s gargantuan budget is a familiar billionaire who once ran New York City and had all but disappeared from state politics: Michael R. Bloomberg.

The emerging alliance between Mr. Bloomberg, a business leader and three-term mayor, and Ms. Hochul, a Buffalo Democrat still struggling to forge a connection with New York voters, could be as significant as it is unforeseen. Though he has become one of the Democrats’ most prolific donors nationally, Mr. Bloomberg did not open his wallet for Ms. Hochul’s 2022 campaign, and sat out some of the state’s most pressing recent policy disputes.

Now, he has given $5 million in seed money to help fund a blitz of television advertising, social media influence campaigns and rounds of mailers targeting individual lawmakers as they grapple with Ms. Hochul over the shape of the budget, according to two people briefed on his giving. Two more people, who also insisted on anonymity, confirmed the gift but not the amount.

Governor Kathy Hochul wants to lift the cap on charter schools in New York City, but, Chalkbeat reports, the big charter chains are losing enrollment.

When Gov. Kathy Hochul unveiled a proposal to abolish the cap on the number of charter schools that can open in New York City, she said the policy is a matter of common sense, noting that children of color have experienced waitlists to enroll.

“I don’t think we should be telling them they don’t have a choice,” Hochul said in an interview on NY1 earlier this month.

The city’s charter sector has long been defined by its explosive growth and lengthy waitlists while enrollment has sagged among the city’s district schools. But preliminary state enrollment data suggests that demand for charter schools may be cooling — including among the city’s largest networks — complicating arguments for lifting the charter cap.

The city’s charter sector grew slightly this school year, by 0.42%, compared with a 2% decline among traditional public schools. But that masks important variations among charters: About 45% of them enrolled fewer students this year, according to a Chalkbeat analysis of state data. (The official statistics sometimes group multiple campuses under the same charter school.) About 60% of traditional public schools enrolled fewer students.

Meanwhile, the city’s most established networks enrolled fewer students this year than they did last year, including Success Academy (down 7.7%), Uncommon Schools (6.5%), KIPP (5%), and Achievement First (3.9%).

The governor’s proposal would abolish the local cap on the number of charter schools and release so-called “zombie” charters — essentially making New York City operators eligible for just over 100 new charter schools, which are privately managed and publicly funded.

But experts said there are trade offs of opening new schools in an environment where school leaders are struggling to fill all their seats. Since public dollars follow students, more schools vying for the same or shrinking pool of children would lead to smaller budgets or could even prompt closures, possibly affecting existing charters and district schools alike.

“The charter sector has grown substantially over time,” said Aaron Pallas, a professor at Columbia University’s Teachers College. “But opening new schools at a time when you’re seeing these signs of contraction strikes me as something that requires a fair amount of thought.”

Pallas pointed to evidence that competition from nearby charter schools boosts student learning among district schools, an argument in favor of lifting the cap. But he also worries that the new charters, which educate over 14% of the city’s public school students, may not be viable long term or could threaten other schools by drawing funding away from them. “I don’t think it’s good for kids for there to be that kind of instability,” he said.