Nine parents, the group Class Size Matters and the Alliance for Quality Education disagreed and sued. A judge ruled against the parents. All of us were asked to get involved by making sure to lobby that lower class size goals for NYC are still part of the state budget which we got so now the appeal can move ahead.
This is from Leonie's NYC Public School Parents Blog via the Education Law Center:
Under a state law known as the Contract for Excellence, or "C4E," the NYC Chancellor and the Department and Board of Education are required to develop a five-year plan to reduce class size to target averages in three grade spans: K-3, 4-8, and 9-12. After the law was enacted in 2007, New York City developed a plan which was approved by the Commissioner in 2007.
The City
never fulfilled the 2007 plan within five years, or by 2012. Nor has the City
implemented the 2007 plan or any other plan that complies with the C4E law. As
a result, class sizes now are as large or even larger than they were in 2007.
Between 2007-2016, for example, the number of students in classes of 30 or more
in grades 1-3 increased by 4,000% to over 40,000.
In
dismissing the Petition in 2017, the Commissioner ruled that since the 2007
plan "concluded" in 2012, or five years after it was approved, the
petition was moot even though the City never implemented the plan. The
plaintiffs challenged the Commissioner's decision in State Supreme Court, which
"deferred" to the Commissioner's interpretation of the term
"within five years" in the C4E law.
The
plaintiffs have now appealed to the Appellate Division. They argue that the
Commissioner misinterpreted the C4E law. The five-year endpoint in the law was
the deadline the Legislature imposed to accomplish class size reduction. It was
not the date at which the City's legal obligation would magically disappear.
Moreover, the lower court wrongly deferred to the Commissioner's interpretation
of the C4E law.
"The
NYC Department of Education has violated the Contract for Excellence Law for
over a decade because of its refusal to reduce class size," said Leonie
Haimson, Executive Director of Class Size Matters, a plaintiff in the lawsuit.
"As a result, more than 336,000 students were crammed into classes of
thirty or more this fall. Our thanks to the Education Law Center for
representing Class Size Matters and nine NYC parent plaintiffs in this
important appeal. If the Appellate Court decides on the basis of the law and
the facts, it will require that NYC students finally receive their right to a
sound basic education with the smaller classes they need and deserve."
I have one important question to add:WHY ON EARTH DIDN'T THE UFT JOIN IN ON THIS LAWSUIT?
Leonie and other organizers have a demonstration for the City Council to use funds to lower class size scheduled for June 11th at City Hall at noon.
17 comments:
The most pathetic thing about this lawsuit is that there has to be a lawsuit in the first place. Why would any sane adult be against having lower class sizes? Suburban school districts don't have huge class sizes like NYC and therefore there is no need for a lawsuit in the "nice" school districts. The fact that more NYC parents are not in arms over large class sizes simply shows that they don't give a shit about our schools and would rather simply treat them as a big baby sitting service.
Why? Because the UFT is the DOE!
This is ALL about money. You guys think Tweed wants to actually hire tens of thousands of new teachers to reduce class size? Where is the money gonna come from? A huge percentage of parents of kids in NYC are not pulling in big bucks and would not want a big fat tax hike. Tax the rich you say? Well, the rich have already had enough of getting screwed with taxes and are moving out of NY in droves. Sooooo, the billion dollar question, (Pun intended) is who will end up paying for this in the long haul?
Get some the funds by cutting some of the bloated administrative bureaucracy.
It must be nice to ignore laws with no consequences. As mel brooks once said, "It's good to be the king".
They reordered priorities in the final years at Jamaica and managed to lower class sizes. Middle College when I was there always had lower class size. Over 25 was rare. It is doable.
James, cutting off some of the bloated administrative bureaucracy won't come close to the billions that would cost to not only pay for tens of thousands of new teachers salaries but also their health benefits. Also, just where in the hell are you gonna put thousands of additional classrooms? I for one can say that our co-located school is at capacity and I know we are not alone in this. The capital funding needed to build new classrooms will be oh, another few billion dollars to resolve. Please note that I am all for reducing class size and I support this lawsuit 100%. However, I really, really, need to start hearing ideas on how this will work.
For every day, after the initial ten days, the city should be fined and the fine given to the disaffected teacher. The teacher who has to deal with these extra kids should be give a pro rated sum per student. HS 25 per class *5 classes per day=125 2 semesters, 100k salary 50k/125= $400 per student for each extra kid in class. That’s what it costs you as a teacher. You’re teaching those kids for free. UFT fight for that - oversized classes would end overnight. Actually, the extra work ununiformly distributed for no extra pay is illegal and something the labor department should look into. Mulgrew will wave his arms in the air, ‘NO! Bill won’t like me if I try that!’
Lowering class size long term would take a commitment from NYC in its capital plan to build more schools but short term much could be accomplished by changing the culture at Tweed.
1-Assign the ATRs to teach and there is a small reduction in class sizes right there.
2-Reassign to other city agencies 295 of the 300 DOE lawyers.
We have just added a thousand positions and probably saved money as the new teachers will cost less than the lawyers. I am just getting started as there is plenty of low hanging fruit.
3-For every school that has more than one assistant principal, reduce by attrition the number of APs.
4- Why do NYC schools need an Office of Special Investigations and a Commissioner of Special Investigations? Consolidate into one department. Office of Equal Opportunity could be moved here too.
5-Why do schools need superintendents and support networks? Consolidate into one and let Superintendents provide support to schools.
6-Quality reviews are double bureaucracy. Let Superintendents review schools. Save a little more. In fact, get rid of the entire data driven nonsense and put the amoney back to classrooms.
7-Go to everyone who is not in a classroom position at central, district and schools and ask: What do you do? We could cut many consultants and others and nobody would notice.
8-For real savings, incentivize lower class size for principals. Give a bonus for those who meet class size goals from c4e instead of test score results. Watch how fast class sizes lower even in large schools.
9-Make annexes for so called successful schools in underutilized buildings. Space can be more efficiently utilized for sure.
10-Ask retired teachers to come back. Tell them the atmosphere is now teacher friendly at the DOE. They did this for Carmen Farina to be Chancellor. Why not for teachers?
11-No expansion of pre k or 3k until class size issues are addressed k-12.
Except for the retirees who would probably not come back except for a few, I don't think we spent a dime and we just lowered class sizes.
You have all the answers don't you James? Looks like you solved the entire DOE issues in one blog.
Now go sit your old behind down. Dont forget to take your medicine and remove your dentures.
The outrage from an anonymous teacher blaming parents for not giving a shit: "The fact that more NYC parents are not in arms over large class sizes simply shows that they don't give a shit about our schools and would rather simply treat them as a big baby sitting service." Where have you been? Ranting on a blog anonymously must mean you give a shit.
If charters weren't using our school buildings for their classes of 15-20 kids while we sit with 32+,then it would be much easier to lower class sizes.
The DOE is starting to implode. The incredible amount of money that is wasted for no returns is truly mind boggling. Bill’s second choice is trying to kiss up but is saying all the wrong things for the right reasons - I suspect he will be asked to resign this summer. The crap will hit the fan this summer and there will be a major readjustment of the DOE and not for the better.
I think James's suggestions are great and doable! I would add that all Principals and APs should take on at least one class.
All union officials could take on a real class too. Symbolic but a step forward.
LaGuardia HS had two events happen and nothing made it to any NYC education blogs. The students had a sit-in protesting the Principal for treating the arts (what the school is for) as an after-thought and a hindrance and pushing APs (also admissions which was on NBC a few days ago). And, the teachers voted a no-confidence against her. I believe 88% who voted voted no confidence. There have been news articles and some TV channels have talked about all this, but no blogs. Thanks.
First I am hearing about it. Will look into it.
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