suit up

New York education officials move to block rules allowing some charter schools to certify their own teachers

PHOTO: Monica Disare
State Education Commissioner MaryEllen Elia and Board of Regents Chancellor Betty Rosa

The New York state education department has filed a lawsuit to block a controversial new rule allowing certain charter schools to certify their own teachers, claiming that the regulations will “erode the quality of teaching” across the state.

The lawsuit, which was filed Thursday, seeks to overturn regulations approved by the State University of New York in October allowing charter schools it oversees to design their own teacher-certification programs. The department’s lawsuit claims that SUNY’s Charter Schools Committee overstepped its authority in passing the regulations — echoing a lawsuit filed by the city and state teachers unions last year.

In the department’s lawsuit, the state’s top education officials argue that the rules will allow “inexperienced and unqualified individuals” to teach in some of the 185 charter schools overseen by SUNY, which would “negatively impact” student learning.

“The consequences of the regulations will be profound and far-reaching as they will impede equity in access by all such students to quality teachers,” says the lawsuit, which was filed on behalf of the state Board of Regents, Regents Chancellor Betty Rosa, the state education department, and state education Commissioner MaryEllen Elia.

The regulations are meant to give charter schools more leeway in hiring teachers, who SUNY and some charter-school networks say are in short supply partly because of the state’s strict certification rules. Some charter networks also argue that their their hands-on training programs are more useful to new teachers than the type of training required under state law.

The regulations allow SUNY-authorized charter schools to certify teachers who complete the equivalent of a month of classroom instruction and practice teaching for 40 hours — compared to at least 100 hours under the state’s certification route, according to the lawsuit. And unlike teachers on a traditional certification route, they are not required to earn a master’s degree or take all of the state’s certification exams.

SUNY’s Charter Schools Committee says it was given the authority to create the regulations by a 2016 state law allowing the committee to regulate the “governance, structure and operations of charter schools.” However, opponents of the regulations — including state policymakers and state teachers unions, which praised the department’s lawsuit — say they go beyond the authority granted by the law.

When the unions filed their lawsuit in October, the chairman of the SUNY Charter Schools Committee disputed that argument.

“I think it’s very clear that the legislature gave the SUNY Charter Schools Committee the authority to make these sorts of changes,” said the chairman, Joseph Belluck, at the time.

The plaintiffs named in the lawsuit include SUNY and its Chancellor Kristina Johnson; SUNY’s Board of Trustees and its chairman, Carl McCall; the board’s Charter Schools Committee and Belluck. A SUNY spokesperson said Friday that the university system stands behind the regulations.

“SUNY believes it is within its legal right to implement these regulations,” spokeswoman Holly Liapis said in a statement. “We are aware of the filing and are currently reviewing it.”

Elia and Rosa have previously attacked the regulations as a way to allow unqualified educators into the classroom. Rosa called them “insulting” and Elia said, “I could go into a fast food restaurant and get more training than that.”

On Friday, the state education department sent a more measured statement.

“Yesterday, the State Education Department filed papers to declare unlawful and annul regulations adopted by the SUNY Charter Schools Committee regarding the employment of uncertified teachers in SUNY-authorized charter schools,” read a statement from Emily DeSantis, a department spokeswoman.

Late Friday, the city’s teachers union sent a statement saying the NAACP sought to join the union’s lawsuit opposing the teacher certification regulations.

breaking

A student is in custody after Noblesville West Middle School shooting that injured another student and teacher

Police asses the scene outside Noblesville High School after a shooting at Noblesville West Middle School on May 25, 2018 (Photo by Kevin Moloney/Getty Images)

A male student shot and injured a teacher and another student at Noblesville West Middle School on Friday morning, police said.

Noblesville police Chief Kevin Jowitt said the shooting suspect asked to leave a class and returned armed with two handguns. The suspect, who police said appeared to be uninjured, is in custody and has not been identified by police.

The teacher, 29-year-old Jason Seaman, was in “good” condition Friday evening at Indiana University Health Methodist Hospital, police said. The female student, who was not identified by police, was in critical condition at Riley Hospital for Children.

News outlets were reporting that Seaman intervened to stop the shooter, but authorities said they could not confirm that on Friday afternoon.

The Noblesville Police Department has a full-time school resource officer assigned to the school who responded to the incident, Jowitt said. Local, state, and federal law enforcement agencies also responded to the shooting.

“We do know that the situation resolved extremely quickly,” Jowitt said. “We don’t know what happened in the classroom, so I can’t make any kinds of comments about what [the resource officer’s] involvement was.”

Students were evacuated to Noblesville High School on Friday morning, where families met them.

Jowitt said an additional threat was made at the high school, but they had “no reason to believe it’s anything other than a communicated threat.”

Police continue to investigate. They said they do not believe there are additional suspects. Noblesville Police spokesman Bruce Barnes could not say how the student acquired the guns, but he said search warrants have been issued.

Noblesville West Middle School enrolls about 1,300 students. Noblesville is a suburb of Indianapolis, about 20 miles north in Hamilton County. The district has about 10,500 students.

The frenzied scenes Friday outside the school have become sadly familiar. Already, there have been 23 school shootings in 2018 that involved someone being injured or killed, according to media tallies.

Just last week, 10 people were killed and 13 others were injured in a shooting at Santa Fe High School outside Houston. A student at the school has been arrested and charged.

In February, 17 people — 14 students and three staff — were shot and killed at Marjory Stoneman Douglas High School in Parkland, Florida, and a 19-year-old faces multiple charges.  The Parkland tragedy set off a wave of student activism across the country — including in Indianapolis — calling for stricter gun control.

“We’ve had these shootings around the country,” said Noblesville Mayor John Ditslear. “You just never think it could happen in Noblesville, Indiana. But it did.”

Noblesville Schools Superintendent Beth Niedermeyer praised the “heroic” efforts of school staff and students, saying they followed their training on how to react to an active shooter situation.

Barnes also hinted at the broader trauma that school shootings can have on students and communities.

“We ask for your prayers for the victims in this case,” he said. “I think that would include a lot of kids, not only ones that were truly the victims in this case, but all these other kids that are trying to make sense of this situation.”

Watch the press conference:


A Chalkbeat reporter is on the scene:

In a pattern that has become routine, Democratic and Republican politicians offered prayers on Twitter.

temporary reprieve

Parents score a temporary victory in slowing the closure of a small Brooklyn elementary school

PHOTO: Alex Zimmerman
Protesters gathered at the education department's headquarters to protest a recent set of closure plans.

A judge blocked the closure of a small Brooklyn elementary school Thursday — at least for now.

Three families from P.S. 25/the Eubie Blake School filed a lawsuit in March backed by the public interest group Advocates for Justice, arguing the city’s decision to close the school was illegal because the local elected parent council was not consulted.

Brooklyn Supreme Court judge Katherine Levine did not make a final ruling Thursday about whether the closure plan violated the law. But she issued a temporary order to keep the school open while the case moves forward.

It was not immediately clear when the case will be resolved or even if the school will remain open next year. “We are reviewing the stay and will determine an appropriate course of action once the judge makes a final decision on the case,” education department spokeswoman Toya Holness wrote in a statement.

The education department said the school has hemorrhaged students in recent years and is simply too small to be viable: P.S. 25 currently enrolls just 94 students in grades K-5.

“Because of extremely low enrollment, the school lacks the necessary resources to meet the needs of students,” Holness wrote. The city’s Panel for Educational Policy, a citywide oversight board that must sign off on all school closures, voted in February to close the school.

But the school’s supporters point out that despite low test scores in the past, P.S. 25 now ranks among the city’s top elementary schools, meaning that its closure would force students into lower-performing schools elsewhere.

“Why close a school that’s doing so well?” said Leonie Haimson, the executive director of Class Size Matters and one of the lawsuit’s supporters. “It doesn’t make sense to me.”

The lawsuit hinges on a state law that gives local education councils the authority to approve any changes to school zones. Since P.S. 25 is the only zoned elementary school for a swath of Bedford-Stuyvesant, the department’s plans would leave some families with no zoned elementary school dedicated to educating them, forcing students to attend other district schools or enter the admissions lottery for charter schools.

That amounts to “effectively attempting to change zoning lines” and “unlawfully usurping” the local education council’s authority to determine those zones, according to the lawsuit.

But even if the education department loses the lawsuit, the school’s fate would still be uncertain. The closure plan would theoretically be subject to a vote from the local education council, whose president supports shuttering the school.

Still, Haimson hopes the lawsuit ultimately persuades the education department to back away from closing the school in the long run.

“My goal would be to get the chancellor to change his mind,” Haimson said. “I don’t think the future is preordained.”