Showing posts with label court decision. Show all posts
Showing posts with label court decision. Show all posts

Saturday, March 27, 2010

The court decision on the closing schools, and Klein's ongoing defiance of the law

Yesterday, Judge Joan Lobis of the State Supreme Court ruled that Chancellor Klein's actions to close 19 schools were illegal and should be blocked.
The decision to close these schools has been met with tremendous protest from parents and teachers alike, because of the devastating effect on their children, their communities, and the public school system as a whole.
Neverthless, the Department of Education sent out a message late Friday that the high school admissions letters would go out anyway this weekend, excluding all the schools originally slated for closure.
That is, none of these schools would accept students, even those 8500 students who had listed these schools as one of their choices. Instead, they would receive another letter, "stating that, should the schools remain open, they may select one of them."
Clearly, Klein is trying to ignore the court decision and as a fait accompli, close these schools down no matter what the court says, by starving them of students.
This is similar stratagem to what he did when he lost the court case to close zoned neighborhood schools and replace them with charter schools , because he refused to ask for the mandated approval of the local Community Education Councils--- and then sent letters to all the parents at these schools anyway, recommending that they take their kids out of these schools.
If Klein goes ahead with this plan to send out acceptance letters without the schools he had proposed to close among them, he should be held in contempt of court and thrown in jail; not to mention disbarred.

The arrogance and hubris of those who run our schools never ceases to amaze, and their utter disregard for the views of parents, the law and the truth itself. They have gotten so used to having their way, no matter how arbitrary and irrational , that they act as though immune from all external limits.
The court decision is based on three, clear findings of fact:

1. The Educational Impact Statements required by law were cursory and inadequate. Specifically, they "failed to provide any meaningful information regarding the impacts on the students or the ability of the schools in the affected community to accommodate those students" shut out of these schools.


For example, they did not show where students enrolled in LYFE centers for students who are pregnant or those with small children might find similar programs targetted to their needs elsewhere.

2. Lack of public notice: the DOE failed to provide hard copies of these proposals to CECs, Community boards, Community superintendents, and SLTs. Simply posting them on the DOE website was insufficient.

3. Lack of community involvement: The DOE failed to hold joint hearings with the School Leadership Teams and Community Education Councils of the affected schools, as required by law. Some members of these groups were invited to participate in hearings after the fact; but even then, had no role in running the hearings or devising the way in which they would be held.
Unmentioned in any of the articles so far is that the court decision should nullify all the co-locations of charter schools and other schools approved by the Panel on Educational Policy over the last three months, because of similar deficiencies in the process.
Here is the statement we sent out yesterday, after the court decision was released:
Today’s court decision is an important step forward for the rule of law. It is also a confirmation of the necessity for a genuine public process to inform and improve arbitrary and rash decision-making at the Department of Education.

So far, the process has been a mockery; with no attempt to involve the parents in a meaningful way, or to provide the sort of careful analysis that should precede these critical decisions.

In January, Class Size Matters submitted detailed comments on the school closings, pointing out the utter inadequacy of the educational impact statements, here.

Department officials should take another look, perform the careful scrutiny required by law, and for once, involve the public in the process of decision-making, before taking such ill-considered and illegal actions.

If they did so, they would find that in many cases, it would be far better to support and improve these schools, rather than close them down.

Wednesday, December 23, 2009

A great holiday present for our kids, and please help us help you!


There’s great news today, and a holiday present for NYC public schoolchildren! Yesterday, the NY State Supreme Court rejected the city’s attempt to lease half of the sports fields on Randall’s Island to twenty private schools for the next twenty years, without first going through the mandated process, including review by the local Community Board and City Council.

Class Size Matters helped organize this lawsuit in 2006, when the city decided to unilaterally grant two thirds of these fields to the private schools, and this is the second time in two years that the court ruled in our favor. Yesterday, we were rewarded with a slam dunk decision, in which Judge Marilyn Shafer said that the city's arguments were “inherently incredible,” and ordered the city to pay court costs and fees to our (pro bono) attorneys, because of their attempt to evade the earlier ruling. (The decision is posted here; see also the Daily News, Times , NY Post and WNYC.)

The court ruling caps an eventful year for Class Size Matters, in which we’ve been busy advocating for all NYC students to be provided with smaller classes and a better opportunity to learn. We led the “Build Schools, not Prisons” campaign to alleviate school overcrowding, and recently the city added 5,000 seats to the capital plan. We co-authored a report on the growing numbers of students discharged from our schools but not counted as dropouts. We published a book on the Bloomberg-Klein educational record that received attention as far away as Australia and Thailand.

We helped form the Parent Commission to advocate for a better school governance law with more real parental input, and together with other public school parents, created NYC Kids Pac, to support candidates who will work for positive change in our schools.

We continue to offer news and information to parents through our two list servs, contribute to and manage the NYC public school parent blog, and also started a column on the Huffington Post. Finally, as mentioned above, we just a won a major case that will hopefully ensure the right of all NYC students to have equal access to the sports fields on Randall’s Island for years to come. Just some of our nearly 100 press clips from the past year are posted on our website.

Please be a part of this effort by contributing what you can. We rely on your financial support. Just click here, or on the link below to give a tax-deductible donation.

Anyone who donates $50 or more will receive a free copy of our acclaimed book, NYC Schools under Bloomberg and Klein, what Parents, Teachers and Policymakers Need to Know, with essays by Diane Ravitch, Debbie Meier, Steve Koss, Patrick Sullivan, and others.

Help us achieve our goal: that the city will finally fulfill its obligation to provide all public school children with smaller classes, a quality education, and a better chance to learn.

Please make a tax-deductible contribution to Class Size Matters now!

Happy holidays and a happy New Year,
Leonie Haimson, Class Size Matters