all clear

Newark’s North Star Academy charter schools are cleared after discipline probe

PHOTO: Hafsa Razi

New Jersey’s largest charter-school network did not violate state regulations when it disciplined students with disabilities, according to a state investigation triggered by an advocacy group’s complaint.

The complaint, which was based on parent reports and state data, alleged that North Star Academy charter schools suspended students with disabilities for minor infractions, causing them to miss class and be separated from their general-education peers in violation of federal disability law.

After interviewing North Star officials and reviewing school documents, state investigators concluded that the network of 13 charter schools followed the appropriate procedures when disciplining students with disabilities, which includes continuing to provide required educational services after suspending students.

“North Star was able to demonstrate compliance with the procedural regulations for disciplining students with disabilities,” according to the Oct. 15 investigation report.

The report does not address North Star’s suspension rate for students with disabilities, which the complaint alleged was among the highest in the state during the 2016-17 school year. The complaint, using state data, said the rate was 29 percent; North Star said it was 22 percent. The report called that data “informational” but said it was outside the one-year timeframe of the investigation.

Esther Canty-Barnes, director of the Education & Health Law Clinic at Rutgers Law School in Newark, which filed the complaint in August, said the report did not delve into all the issues raised in the complaint. For instance, it called for an investigation into how North Star’s special-education students are affected by suspensions and how often they are forced to repeat grades.

“It only addressed whether the charter school followed procedures,” Canty-Barnes said, “which is a very limited scope of what we asked them to do.”

North Star serves nearly 5,000 students at its Newark sites. Founded in 1997, it is one of New Jersey’s top-performing charter-school networks. Part of the national Uncommon Schools organization, the Newark campuses are known for their rigorous academics and strict discipline policies.

About 9 percent of North Star students had disabilities last school year, according to the report — just over half the rate in Newark Public Schools, where it was 16 percent.

Thirty-eight North Star students with disabilities served 10 or more days of suspension during that 2017-18 school year, the report said. The network gave in-school suspensions to students who disrupted class or refused to do work. It issued out-of-school suspensions to students who used threatening language, stole staff property, or displayed “defiance and aggressiveness.”

The investigators found that North Star administered the suspensions properly. For instance, records indicated that schools held legally required meetings to determine whether students’ disabilities contributed to the behavior that triggered suspensions. The schools also came up with plans to help de-escalate the students’ behavior or give them “break time” to refocus or talk to a school staffer.

When North Star did suspend students with disabilities, it made sure they continued to receive their legally mandated support services, the report said. When students were suspended for 10 or more consecutive days, North Star sent teachers to the students’ homes to provide instruction.

Barbara Martinez, a North Star spokeswoman, said the network takes “great pride” in the education that it offers students with disabilities. Those students perform in the 75th percentile or above on the state PARCC tests, she added.

“We are glad to have the NJ DOE official confirmation after their thorough investigation that these baseless and biased allegations are unfounded and that North Star is fully compliant with all procedures surrounding discipline for students with disabilities,” she said in a statement.

Michael Yaple, a state education department spokesman, said the agency’s special-education office does not have any other open investigations into North Star. He added that complainants can appeal the office’s decisions.

The federal education department’s Office for Civil Rights currently has three open investigations into North Star’s special-education practices that were launched in July 2015, according to the agency’s website. Martinez, the North Star spokeswoman, said the agency “fully investigated” a complaint from 2015 involving one student and made no determination “that we are aware of.” The agency did not immediately respond to a request for information about the investigation.

Lauren Morando Rhim, executive director and co-founder of the National Center for Special Education in Charter Schools, said that some schools’ strict discipline policies deter families of children with disabilities from enrolling. She added that even though North Star appears to be following special-education laws, it still serves a relatively small share of students with disabilities and has had a high suspension rate.

“It does raise questions as to why that’s the case,” she said, “and what could they do to increase access and success.”



voices of the vote

Meet Denver teachers who voted yes to a strike, no to a strike — and just aren’t sure

PHOTO: PHOTO: Andy Cross/The Denver Post
Skinner Middle School math teacher Peter English walks out of the Riverside Baptist Church with his son, Landon, left, and daughter Brooke strapped to his chest after voting on whether to go on strike ()

Throughout the day, the parking lot of Riverside Baptist Church filled up as Denver teachers made their way into a meeting organized by their union, the Denver Classroom Teachers Association.  

Months of negotiations that failed to produce a deal between top leaders of Denver Public Schools and the union had given way to individual teachers facing a choice: To strike or not?

Along with reporting the news of the day — which you can read about here — Chalkbeat spent time visiting with teachers to get a sense of what was shaping their decision-making.

Most teachers we spoke with, both in depth and in passing, said they voted “yes” to strike. Union officials have said two-thirds of those who vote Saturday and in a second session Tuesday must sign off on a strike for it to proceed, and the prevailing wisdom among teachers we interviewed was that support is strong.

The decision, though, is far from black and white for many teachers, regardless of where they ultimately land.

Here are the stories of three teachers, all at different places:

Krista Skuce, Slavens K-8 school: Yes to strike

At the urging of teachers and parents, Slavens K-8 students turned out early on a few recent mornings to show support for their teachers. They wore red in solidarity and posed for pictures.

They also brought questions. “Why are you doing this?” was one.

Krista Skuce, a physical education teacher and 14-year Denver Public Schools employee, would tell students that she lives 40 minutes from the school because she can’t afford to live in Denver.

Krista Skuce

But there is more to her story. Her spouse, she said, is no longer able to work, beset by medical issues, unable to draw disability benefits, and in need of costly care including massage therapy, chiropractic appointments, neuromuscular therapies, and more.  

At the same time, Skuce said her pay “doesn’t seem to be going anywhere.” So she hustles, earning extra pay by driving across town to coach softball and basketball.

Skuce, like many teachers who stopped to talk about their votes on Saturday, believes the district can do more to boost teachers’ base pay — before bonuses and incentives.  

She said her salary has only increased $4,000 or $5,000 in the past 14 years, even though she has been teaching 27 years, has a master’s degree, and is National Board Certified.

Skuce said she knows that by voting to strike, she could very well end up taking money out of her own bank account. Striking teachers don’t get paychecks.

“I am hoping the district and the DCTA do the right thing and recognize the fact that there are some people here who are on the edge,” she said. “We are on the edge emotionally, financially. We know these are good people. And I think teachers are people who wake up every morning with forgiveness.

“You have to take a stand and say what you are for at some point in time in your life — and this is it,” she said. “I’m willing to do it, scary or not.”  

Jason Clymer, John F. Kennedy High School: No to strike

An English teacher at John F. Kennedy High School, Jason Clymer stands with his fellow union members in the belief teachers aren’t paid enough. He finds fault with what is asked of teachers through LEAP, the district’s growth and performance system for teachers.

“Teachers at my school feel extremely micromanaged and can’t catch a breath,” he said.  

But in the end, after being one of the first teachers in the door Saturday and attending an information session, Clymer said he voted against the strike.

“Going on strike is very hard,” said Clymer, whose wife works in human resources for the district’s central office. “And I think the agreement DPS came to was close enough.”

Clymer questioned focusing energy on what is under negotiation now: ProComp, the pay system that provides teachers one-time 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.

He said he’d like to save some political leverage to focus on other issues covered by the district’s main contract with the union.

“It’s really unfortunate these things can’t all be negotiated together,” he said. “If the district came out and said, ‘We want to give you more money, not as much as you like, but we want to devote more to things like mental health services,’ I really think that would be a winning argument.”

In opposing a strike, Clymer said that he did not want to divide his fellow teachers

“Although I voted no, I believe in the union,” he said. “And if the union voted to strike, I will absolutely support the union.”

Paula Zendle, Denver Green School: Undecided about strike

Paula Zendle is dreading the moment that is appearing increasingly likely: standing before her students at the Denver Green School and explaining why she won’t be there to teach them.

“I tell them constantly, ‘Don’t miss school, don’t miss school. Don’t be absent, don’t be absent, don’t be absent,’” said Zendle, her eyes welling up with tears as she waited on a friend. “I have been fighting to avoid a strike. I hate this. It’s utterly and totally agonizing to me.”

Paula Zendle

Zendle said she left a career in the corporate world for the classroom and has been teaching eight years. She teaches English language acquisition and Spanish at the Green School, a popular and highly-rated middle school option in a district that celebrates choice.

 Zendle said she has done her research and written to the district’s chief financial officer. What bothers her is a system she believes rewards younger teachers and underpays teachers in terms of the cost of living.  

The average Denver teacher currently 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.

District officials have agreed to put $20 million more into teacher compensation and defended their most recent offer on Saturday as “compelling.”

For Zendle, the prospect of facing her students — and that she works in a supportive school environment — is contributing to her struggle in deciding whether to vote “yes” to strike.

So if the moment does come, what will she tell her students?

“We have the right to protest unfair taxpayer spending,” she said. “This is not only unfair, it’s unconscionable. Their priorities have been wrong for 10 years.”

Then she paused and made clear that her decision had not been made. She considers herself a person of principle, and that will guide her in making a decision.

lesson plan

Denver hopes to keep its schools open in a strike — and the union wants you to send your kids

PHOTO: Kathryn Scott Osler/The Denver Post
Students eat lunch in the cafeteria at Dora Moore K-8 School in Denver.

Superintendent Susana Cordova says she is committed to keeping Denver schools open and continuing to educate students in the event of a strike.

In Los Angeles, where a teacher strike is entering its second week, many students are watching movies and playing games. Cordova said she plans to do more for the 71,000 students in district-run schools if teachers vote to strike and state intervention does not lead to a deal. The 21,000 students who attend charter schools will not be affected.

“We want to assure parents school will stay open,” she said. “We know it is critically important that we focus on the education of our kids. Sixty percent of our kids qualify for free and reduced-price lunch. We know they depend on school not just for their meals but for their access to opportunity.”

Negotiations broke down Friday between the district and the Denver Classroom Teachers Association, the union that represents teachers and special service providers such as nurses, school psychologists, and counselors. A strike vote is taking place in two sessions, one Saturday and another Tuesday. The earliest a strike could start is Jan. 28.

This would be the first strike in 25 years in the state’s largest school district. In 1994, the district used more than 1,000 substitutes to keep schools open, though many parents kept their children at home, something union leaders encouraged.

It’s not clear yet how high teacher participation in a strike would be. During the final week of bargaining, some teachers reported near universal support in their buildings, while others said some of their colleagues were uncertain. Some teachers have said they disagree with the union position in the negotiations and won’t participate as a matter of principle.

Teachers who strike do not get paid while they are not at work.

Cordova said the district is “in the process of building out our sub pool” and offering higher pay to those willing to work during a strike. But she declined to say how many substitutes the district could call on, and some teachers say they already have a hard time finding subs for routine absences.

Substitutes who work during a strike will earn $200 a day, double the normal rate, and “super subs” who work more than a certain number of days a year will get $250.

Many central office staff who have past teaching experience will be sent to schools to work with students. Cordova said the district is working on pre-packaged lesson plans for every grade and subject area so that learning can still take place, and officials will prioritize placing qualified staff members with special education and preschool students, those she deemed most vulnerable.

Students who get free or reduced-price lunch will still be able to eat in school cafeterias.

For its part, the union is encouraging parents to send their children to school, but with a different purpose.

“One major goal of a strike is for school buildings to be shut down as a demonstration of the essential labor performed by educators,” the union wrote in an FAQ document. “To this end, we encourage parents to send their students to school if their school building remains open. Student safety is paramount for all district schools, therefore the district will be obliged to close schools if safety becomes an issue due to limited staffing.”

Union officials said they were working to establish alternative daytime care with community partners like churches and Boys and Girls Clubs should schools close.