Future of Schools

New York DREAM Act poised to pass before end of January

PHOTO: Aleksandra Konstantinovic
Principal Carl Manalo's small high school in Queens enrolled more than 100 new Central American immigrants.

New York state lawmakers will likely pass a bill extending tuition assistance for undocumented students before the end of this month, one of potentially several clear shifts in education policy as Democrats assume control of the state Senate.

The bill is more commonly known as the New York DREAM Act and has been proposed annually since at least 2013. Members of the Democrat-controlled Assembly have passed the bill, but it has died each year in the formerly Republican-controlled Senate. Democrats now hold 39 of the 63 seats in the Senate, with several new progressive senators joining the body after November’s elections.

Specifically, the DREAM Act would allow children of undocumented immigrants to apply for state financial assistance programs, such as tuition help and college savings programs, for New York State colleges or universities. The bill — expected to be filed over the next few days — would also create a scholarship fund for undocumented students, said Assemblywoman Carmen De La Rosa, a New York City Democrat and one of the bill’s sponsors.

Beyond some private scholarships, undocumented students do not currently have access to state or federal tuition aid.

A spokesperson for Senate Republicans didn’t respond to multiple requests for comment. Former Senate Majority Leader John Flanagan has said Republicans are strictly against the bill, arguing the state must focus on “struggling” middle-class families with children who are eyeing college.

In a speech Wednesday, newly minted Majority Leader Andrea Stewart-Cousins, a Yonkers Democrat, named the DREAM Act among legislative priorities and said an eventual law would be named after Sen. Jose Peralta, who had sponsored a version of the bill since 2013. Peralta, who lost his primary reelection bid, died suddenly last year.

De La Rosa and Sen. Luis R. Sepúlveda, another New York City-area Democrat and co-sponsor, said they have the votes for the bill to pass easily through both houses before the end of January. Sepúlveda said it could happen within the next two weeks.

“I think it’s an injustice when we look at the right of educating our communities, educating our children, that when they get to 12th grade and they basically enter the most vulnerable phase of their life, we then tell them they no longer have this right in New York state,” De La Rosa, who has sponsored the bill before, said in an interview.

Stewart-Cousins asked Sepúlveda to step in for Peralta this year to sponsor the bill, he said, adding that he’s “ardently” supported the bill in the past. The stark change in how fast it could be approved this year is “clearly a result of the election,” he added.

Passing the DREAM Act is also a priority for Gov. Andrew Cuomo, but he has removed it from the budget after Republicans and Democrats couldn’t agree on the policy.

It’s tough to measure the impact of the law on New York City students since education officials don’t track students’ immigration status. A March 2018 report on immigration estimated 560,000 undocumented immigrants live in the five boroughs. Lawmakers estimate that 4,500 undocumented students graduate annually from New York high schools.

The number of students who might decide to attend college and choose to apply for tuition assistance would likely be a relatively small number — out of 65,000 undocumented students who graduate from high school annually in the United States, only about 5 to 10 percent actually enroll in college, according to statistics from the Center for American Progress, a liberal think tank.

In a statement, Schools Chancellor Richard Carranza called these students — so-called “DREAMers” — “the best of New York City and America.”

“They have gone to school, gotten great grades, and in many cases served our communities and country,” Carranza said. “I encourage the New York State Legislature to stand up for these young Americans and pass this bill.”

In 2016, Cuomo initially included an annual $27 million in his budget to pay for expanded eligibility. A similar law in New Jersey, passed in May, resulted in 1,365 applicants applying for aid by the first deadline in September. (That law’s proponents expect the number to rise but knowledge of the tuition assistance has been slow to spread, and some students remain wary of applying while their legal status remains uncertain).

Immigration advocates, who have pushed for New York to pass such a law for years, welcome the bill.

“Our students from immigrant families are facing fear and uncertainty in many aspects of their lives,” said Rita Rodriguez-Engberg, director of the Immigrant Students’ Rights Project for Advocates for Children of New York, in an emailed statement. “New York State should play a leadership role and show its commitment to immigrant students by passing the DREAM Act.”

Yatziri Tovar, a DACA recipient who attended high school in the Bronx, said the law could have eased the pressure of working odd jobs, with help from her dad, while attending City College of New York. She said she took a couple semesters off to work, hit pause on work to focus on school and could only afford to pay for one class one of those semesters.

“I was able to take off from school and work,”  Tovar said, who now works for the immigrant advocacy group The Road New York. “But there’s other youth as well that are not able to take off.” Sometimes they are head of their family, or sometimes they need to contribute to their family economically. “This is the reality for a lot of our youth,” she said.

NO DEAL

Talks collapse, Denver teachers to vote on strike

PHOTO: Erica Meltzer/Chalkbeat

The Denver teachers union will hold a vote on whether to strike after months of negotiations over pay ended in deadlock.

The bargaining team of the Denver Classroom Teachers Association and officials with Denver Public Schools met all day Friday and exchanged several proposals, but they could not close a gap of more than $8 million between the two sides.

Around 10:30 p.m., Superintendent Susana Cordova said the district’s analysis found the union’s latest proposal would actually widen the money gap between the two sides, but said the district wanted to keep talking.

“It’s late, but it’s not midnight,” she said, referring to the deadline to reach an agreement.

Rob Gould, a special education teacher and member of the bargaining team, ended the discussions at that point.

“We came here tonight in good faith,” he said. “We came to correct a longstanding problem in Denver. We made movement tonight, and we’re going to talk to our teachers tomorrow.”

The room packed with red-shirted teachers erupted in cheers. Some were also crying.

Becca Hendricks, a math teacher at Emily Griffith Technical College and a member of the bargaining unit, said she felt mixed emotions at the prospect of a strike: excited at the ability to make a big change for teachers and weighed down by the responsibility.

“It doesn’t feel good,” she said. “It impacts a lot of lives.”

Cordova said she was disappointed that the union called off talks.

“We’re not at the end of the day,” she said after the meeting broke up. “We were really willing to keep talking.”

For Hendricks, it didn’t seem like there was anywhere to go.

“It became clear that the money was not a place they were going to move,” she said. “That’s a hard sticking point for us. We’ve had little to no increases for so many years, so it will take a lot of money to make up all the damage that has accrued.”

A strike requires a vote of two-thirds of the union members who cast votes, which represents about 64 percent of Denver teachers, according to the union. Teachers can join the union even on the day of the vote, which will occur on Saturday and Tuesday, but they must be members to vote.

Cordova said she would ask the state to intervene if there is a positive strike vote. The state could require the two sides to do mediation, use a fact-finder, or hold hearings to try to reach a resolution. But the state can also decline to intervene if officials don’t believe they can be productive. That intervention would delay a strike but not prevent one if the two sides still can’t agree.

The earliest that a strike could occur is Jan. 28.

Denver teachers are feeling emboldened by a surge in activism by their peers across the country that began last year and continues to build. The vote here comes as a teachers strike in Los Angeles enters its second week.

The Denver Classroom Teachers Association and Denver Public Schools are not negotiating their master contract — that deal was finalized in 2017 — but rather the ProComp system, which provides teachers bonuses for things like teaching in a high-poverty school, getting strong evaluations, having students who earn high test scores, or teaching in a high-performing school.

Denver voters approved a special tax to pay for these bonuses in 2005, which today generates around $33 million a year.

That system has been through several iterations but has been a source of frustration for many teachers because their pay was hard to understand and changed based on factors they could not control. District officials and the majority of the school board believe it is critical to keep bonuses for teachers who work in high-poverty schools as a way to retain those teachers. Turnover is a major problem in these schools and has big effects on students.

The average Denver teacher earns about $51,000 in base pay and $57,000 with incentives, according to data from the state education department and the district. That’s less than teachers in districts like Boulder Valley, Cherry Creek, and Littleton.

Both sides’ proposals moved teachers to much more predictable salary schedules that allowed for reliable raises if teachers stayed with the district and earned more education. The district proposal put an additional $20.5 million into teacher compensation, while the union’s last offer put an extra $28 million toward compensation.

The district spends about $436 million a year on teacher pay. The money for the raises would come from a combination of increased state funding and cuts to central office staff that Cordova described as deep and painful.

In addition to the total amount of money, the status of those high-poverty bonuses was a major sticking point. The district wants higher bonuses, and the union wants to put more of that money into base pay.

“To be able to bridge the gap between what is the difference in our two proposals is more than the $8 million that they were talking about because we were not willing to compromise on the need to recruit and retain teachers in our high poverty schools,” Cordova said. “We know for purposes of equity that it is so important to retain teachers in our schools that need them the most.”

But union members argued that a more reliable way to keep these teachers, who are often relatively early in their career, would be to offer them ways to more quickly increase their salary and have more stability in their economic situation. They said every other district in the region uses a reliable salary schedule, and Denver should, too.

That stance marks a major departure from some of the ideas in ProComp, among a suite of policies that have earned Denver a national reputation as an education reform hotbed over the last two decades, though both sides’ proposals met the letter of the ballot language.

Hendricks described driving a Lyft, delivering food, and tutoring to make ends meet, despite having 11 years of experience, a master’s degree, and working with at-risk students at the Emily Griffith campus. She had to move out of Denver and still has a roommate at 33 years old.

Hendricks said the union’s proposal offers higher lifetime earnings and the ability to earn raises more quickly. Cordova argues the district proposal is the stronger one for teachers, representing the largest single increase for teachers in district history and one that will give Denver teachers higher lifetime earners than those in any other metro area district.

Both sides will be trying to make their case over the next four days to teachers weighing their own compensation, the best interests of their colleagues and students, their savings accounts, and other factors in a strike vote.

More than 5,300 teachers and specialized service providers, such as social workers, psychologists, and speech language pathologists work in 147 district-managed schools. Roughly 71,000 students attend those schools.

Another 21,000 students attend Denver’s 60 charter schools.  Charter teachers are not union members, and those schools will not be affected by whatever happens next.

Cordova said she was committed to keeping schools open and providing a quality educational experience for students even if there is a strike. In Los Angeles, where teachers are also on strike, many students are watching movies and playing games during the school day. The district will offer higher pay to substitute teachers and deploy central office staff to classrooms with prepared lesson plans, she said.

Students who get subsidized lunches will still be able to eat at school.

counter-point

Four takeaways from New York City’s response to discrimination charges in specialized high schools lawsuit

PHOTO: Flickr
Brooklyn Technical is one of the city's prestigious specialized high schools.

New York City lawyers are asking a judge to allow the education department to move forward with admissions changes aimed at better integrating the city’s elite specialized high schools, saying the tweaks are not meant to discriminate against Asian students.

Instead, lawyers for the city argue the changes serve the “most disadvantaged” students, leading to “greater geographic and socioeconomic diversity” in the schools, “which may in turn increase racial diversity.”

At issue: The city’s plan to expand the Discovery program, which offers admission to students who score below the cutoff on the exam that currently stands as the sole entrance criteria to eight specialized high schools. The city also wants to change who qualifies for the program, limiting Discovery to students who attend schools where at least 60 percent of their peers are economically needy. (Previously, eligibility was based only on each students’ individual need.)

In December, Asian-American parents and organizations sued the city, claiming the reforms would discriminate against their children. They asked for a preliminary injunction, which would prevent the changes from going forward until the court case is decided — and affect the current admissions cycle already underway for eighth-graders enrolling in high school next year.

Asian students make up 62 percent of enrollment in the specialized high schools, but only 16 percent of students citywide. Meanwhile, black and Hispanic students comprise just 10 percent of enrollment in the eight schools, but 70 percent of enrollment citywide.

The city’s lawyers make a number of arguments in defense of the admissions overhaul, claiming the plaintiffs can’t bring the case because they don’t have the proper legal standing, and that it’s in the government’s interest to promote school diversity.

We already know the suit is likely to cause a delay in when students receive their high school admissions offer letters — dragging out what is already a stressful process for many families. Here are four other takeaways from the city’s response, which you can read here.

We finally know how many students will be admitted through Discovery this year, if the expansion is allowed to move forward.

Enrollment through the Discovery programs is expected to grow to 13 percent of seats at specialized high schools this summer, city lawyers wrote. That would bring the total number of students admitted through Discovery to 528, more than double last summer’s class of 252.

City leaders have previously said Discovery would be expanded gradually to eventually account for 20 percent of seats by the 2020-2021 school year. But it had been unclear until now what this year’s expansion numbers would be.

It’s uncertain whether the expansion will work as city leaders hope.

The city projects that black and Hispanic enrollment at specialized high schools would increase only modestly under the full Discovery expansion: from 9 percent to 16 percent. But city lawyers called that a “rough prediction, unlikely to definitively predict the future ethnic and racial composition of the students.”

The city’s modeling didn’t account for how many students might turn down offers to enroll in Discovery, according to court filings.

Of course, it’s possible the city is playing up the uncertainty of demographic changes for the purposes of the court fight.

Years later, a federal civil rights investigation into the specialized high schools’ admissions process is still open.

In 2012, the NAACP Legal Defense and Education Fund and other organizations filed a civil rights complaint with the U.S. Department of Education over the lack of diversity at the city’s specialized high schools.

The complaint argued that the admissions test for the sought-after schools had a disparate impact on black and Hispanic students and also took aim at the city for letting the Discovery program wither. (By 2011, only four of the high schools participated in Discovery, according to court records.)

Although the complaint hasn’t made headlines in years, it’s still under investigation, city lawyers wrote.

The Office of Civil Rights “has requested and received from DOE numerous documents and had interviewed a number of witnesses,” according to court records.

Some light was shed on how the Discovery expansion was crafted behind the scenes.

For years, Mayor Bill de Blasio promised to tackle admissions reform for the specialized high schools — but he waited until his second term to announce the proposal that’s now being challenged in court. Now we know a little more about how the current proposal was drafted.

The plan to expand Discovery and change eligibility was developed by a “decision-making group” of unnamed officials and led by Deputy Chancellor Josh Wallack, according to a statement Wallack submitted to the court. The group, in turn, recommended the changes to the schools chancellor, Richard Carranza.

“I believe the decision-making group’s recommendation was decisive in the chancellor’s decision to expand the Discovery program and adopt the revised criteria,” Wallack’s statement says.