The Public Advocate for the City of New York Letitia James – Public Advocate March 20, 2017 Chancellor Fariña New York City Department of Education Tweed Courthouse 52 Chambers Street New York, NY 10007 Dear Chancellor Fariña: We urge you to reconsider the decision to close the following six Renewal schools that will be voted upon on March 22, 2017:      

J.H.S. 145 Arturo Toscanini, District 9, Bronx Leadership Institute, District 9 High School, Bronx Monroe Academy for Visual Arts and Design, District 12 High School, Bronx Middle School 584, District 16, Brooklyn Essence School, District 19 Middle School, Brooklyn Junior High School 162 Lola Rodriguez de Tio, District 7, Bronx

We are particularly concerned about the proposal to close JHS 145, since it is a zoned middle school and should not be closed without a vote of Community Education Council in District 9; this vote has not occurred. See Article 52-A - § 2590-E-11 of the NY State Education Law, which states that CECs must approve any changes in school zoning lines.1 Elimination of a zoned school is a change in zoning lines. In 2009, Chancellor Klein was sued when he proposed closing three zoned elementary schools because he had not submitted these proposals to a vote of the relevant CECs.2 Within two weeks, Chancellor Klein had withdrawn these proposals.3 We are also very concerned because students at JHS 145, like other Renewal schools on the list above, have been subjected to classes as large as 30, and have been deprived of bilingual teachers in grades 7 and 8. This is despite DOE officials’ repeated promises to reduce class sizes at the Renewal schools4 and the signing of a consent decree with the NY State Education Department in 2014 to provide bilingual services to students who 1

http://law.onecle.com/new-york/education/EDN02590-E_2590-E.html https://www.nyclu.org/sites/default/files/CEC_Suit_03.24.09.PDF 3 http://www.nytimes.com/2009/04/03/education/03schools.html 4 http://schools.nyc.gov/NR/rdonlyres/AF304521-9C1E-4EA6-B6945F9CC80487E9/175614/C4EPublicCommentAssessment20142015FINAL.pdf http://schools.nyc.gov/NR/rdonlyres/26881653-C4C8-4ACC-AD13537D6B93B486/187463/2016C4ECECPresentation.pptx and http://schools.nyc.gov/AboutUs/funding/c4e/2017C4ECECPresentation 2

require them.5 The student population at JHS 145 is composed of 41% English Language Learners, and yet the DOE continues to send new ELL students to the school as recently as last week, according to teachers at the school. News reports also cite the fact that few if any of the extra programs or services promised the school have been supplied, including a health clinic that has not yet opened. 6 Instead of gaining more space and facilities, the school was forced to sacrifice seventeen or eighteen classrooms to a charter school one year into the Renewal process, and lost its computer room as a result. There is no science lab, there were no textbooks last year, and nearly fourteen percent of teachers were teaching subjects in which they were not trained or certified.7 Despite all these failings, by some measures the students at JHS 145 have done surprisingly well. JHS 145 students have won the Thurgood Marshall Junior Mock Trial Competition eight times, and the BronxWRITeS Poetry Slam more than any other school, according to teacher Jim Donahue.8 In addition, as the latest available DOE School Quality Snapshot from 2015-2016 reports, 86% of the school’s former 8th graders earn enough high school credits in 9th grade to be on track for high school graduation – higher than the district average of 81% and nearly as high as the citywide average of 87%. Of students who entered the school at a level 1, 46% earned a 2, 3, 4 or 4 on their 8th grade ELA state exams.9 Finally, closing schools and sending students elsewhere across the district or city has been shown to be extremely disruptive and to undermine their self-esteem and sense of stability.10 School closings have an especially negative impact on low-income students, students with disabilities, and students of color – which make up the overwhelming majority of students enrolled in the Renewal schools.11 As Vontreses Pamphile of Northwestern University has written: using only enrollment numbers and changes in test scores to decide whether a school is failing ignores the social relationships and 5

http://schools.nyc.gov/NR/rdonlyres/D841DB9F-C5C3-4B18-9E9218D43EB172B6/0/NYCDOE_NYSEDMOU.pdf 6 http://www.ny1.com/nyc/all-boroughs/news/2017/01/9/struggling-public-school-closures.html 7 http://www.nydailynews.com/opinion/city-failed-students-closing-renewal-school-article-1.2946153 8 https://morecaucusnyc.org/2017/02/01/save-jhs-145-speech-to-uft-executive-board/ 9 http://schools.nyc.gov/OA/SchoolReports/2015-16/School_Quality_Snapshot_2016_EMS_X145.pdf 10 See Matthew Larsen, “Does Closing Schools Close Doors?” (2014) http://www.tulane.edu/~mflarsen/uploads/2/2/5/4/22549316/mflarsen_schoolclosings.pdf. The NYC Independent Budget Office also found that NYC students at closing high schools graduated with lower levels of college readiness; As the City Closed Low-Performing Schools How Did Their Students Fare? (2016) http://www.ibo.nyc.ny.us/iboreports/phased-out-as-the-city-closed-low-performing-schools-howdid-their-students-fare-jan-2016.html 11 Journey for Justice Alliance, Death by a Thousand Cuts: Racism, School Closures, and Public School Sabotage (2014). http://www.j4jalliance.com/wp-content/uploads/2014/02/J4JReport-final_05_12_14.pdf See also, Katherine Gladson, School Closings: Challenges for Students, Communities, and Litigators, American Bar Association (2016).

meanings these institutions embody. Administrators want closures to lead to better academic outcomes, but shutting down a school is hugely disruptive. A shutdown forces students to move and tears apart social ties and people’s sense of belonging. Very often, school closures decrease parental involvement; and teachers can feel devalued, leading to the loss of many who are very effective.12 We urge you to keep open all the schools slated for closure and ensure that students at all Renewal schools are provided with the additional services and smaller classes that were promised. In particular, in the case of JHS 145, we urge you to postpone the vote of the Panel on Educational Policy until the Community Education Council has voted to approve its closing, for the reasons explained above.

Yours sincerely,

Letitia James Public Advocate for the City of New York

Co-signatories: Marilyn Espada, President, Community Education Council District 9 Leonie Haimson, Executive Director, Class Size Matters

12

http://www.scholarsstrategynetwork.org/brief/how-school-closures-can-hurt-students-disrupting-urbaneducational-communities See also: Vontrese Deeds and Mary Pattillo, “Organizational ‘Failure’ and Institutional Pluralism: A Case Study of an Urban School Closure.” Urban Education (2014).

3.20.2017 Letter re Renewal Schools.approved version.pdf ...

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