past deadline

State lawmakers end session without passing mayoral control. Where does that leave us?

PHOTO: Geoff Decker
Speaker Carl Heastie on the Assembly floor.

The final day of New York state’s scheduled legislative session has come and gone — but there’s no final deal on mayoral control of city schools.

Lawmakers wrapped up the legislative session late Wednesday, though they could return to address mayoral control of New York City schools at a later date. The provision expires at the end of June, but blowing the session’s deadline takes state officials one step closer to letting the mayor’s governance of the nation’s largest school system lapse.

“This evening, the state legislature will adjourn its 2017 legislative session,” Senate Majority Leader John Flanagan said in a statement. “We would have preferred to have tied everything up with a nice neat bow and returned to our districts with nothing at all left on our plate, but under the circumstances, that just wasn’t possible.”

He also suggested that he supports mayoral control of city schools, as long as it comes with help for charter schools. “I support the renewal of mayoral control, as do my Senate Republican colleagues,” Flanagan said.

Meanwhile, Assembly Speaker Carl Heastie admitted this outcome wasn’t perfect. “Sometimes in politics you don’t always get what you want,” he said on Wednesday night. He also reportedly said he had “no intention of coming back.”

For the past two years, Mayor Bill de Blasio has secured only one-year extensions of the policy, thanks largely to his fraught relationships with Senate Republicans and Governor Andrew Cuomo. (Former Mayor Michael Bloomberg received a seven-, then a six-year extension.)

Without mayoral control, New York City schools would revert back to a system with 32 community school boards — something even Mayor Bill de Blasio’s opponents do not support. Yet lawmakers are stuck in a deadlock over whether the extension should come with concessions, such as eliminating New York City’s charter school cap.

Mayoral control has lapsed before, providing a blueprint for what it might look like if it happened again. In July 2009, under Bloomberg, its expiration caused a brief reconstitution of the city’s Board of Education. But it took only a month before lawmakers returned to Albany and passed a multi-year extension.

The relatively small disruption caused by the lapse in 2009 leads some observers to conclude that letting the law expire will bring little harm to schools, teachers or students. That’s a far cry from the “chaos, gridlock, and corruption” predicted by New York City Schools Chancellor Carmen Fariña.

But the first scenario assumes the law will be reinstated as quickly as it was in 2009, said Tim Kremer, executive director of the New York State School Boards Association. Every year is different, and this one is marked by “deep-seated” policy and personality conflicts between the mayor and Albany lawmakers, Kremer said. Also, notably, the Senate was in the midst of a leadership crisis when lawmakers failed to renew mayoral control in 2009.

“I think people are taking false comfort in saying ‘Listen, we blew through the deadline last time and nothing happened; we can do that again,’” Kremer said. “They really are playing a little bit with fire.”

So what exactly would it look like if mayoral control lapsed? Chalkbeat spelled that out in a step-by-step guide back in 2009, informed in part by a memo sent by Bloomberg’s staff outlining how they saw the transition at the time.

First, city officials would have to reconvene a citywide Board of Education with five appointments made by borough presidents and two by the mayor. That board would have the power to select a chancellor. The city followed that script in 2009, which resulted in a unanimous vote to retain Joel Klein as chancellor.

Some observers, like David Bloomfield, a professor at Brooklyn College and the CUNY Graduate Center, feel confident the same would happen this time around.

“I fully expect that to go without any problem and that they will proceed to appoint Carmen [Fariña],” Bloomfield said.

To test his theory, Chalkbeat reached out to all five borough presidents earlier on Wednesday. Officials from three offices responded. The Manhattan Borough President Gale Brewer’s director of communications said she is committed to keeping Carmen Fariña as chancellor. Officials from Borough President Eric Adams’s office said he was focused on renewing mayoral control. Officials from Queens Borough President Melinda Katz’s office did not commit to keeping the chancellor.

“The only commitment Borough President Katz will make at this time is to appoint a representative to the reconstituted Board of Education,” officials wrote in an email.

If mayoral control lapsed for more than a month, New York City would head into uncharted territory. At some point, the city is required to revive the community school boards, but those elections wouldn’t be held until spring 2018.

That leaves months of limbo. In 2009, there was some discussion of whether the chancellor could appoint trustees to community school boards in the interim. But a spokeswoman for Mayor Bill de Blasio said he interprets the law to mean there would be no community school boards until the following May. That means no community input, no ability to appoint a permanent superintendent, and likely no rezoning votes, she said.

Even though there’s only a slim chance this fight will last until May, de Blasio said he doesn’t want to take any chances.

“When you open up Pandora’s box,” the mayor said at a press conference Wednesday, “you don’t know what happens next.”

Who Is In Charge

Indianapolis Public Schools board gives superintendent Ferebee raise, bonus

PHOTO: Dylan Peers McCoy
Lewis Ferebee

Indianapolis Public Schools Superintendent Lewis Ferebee is getting a $4,701 raise and a bonus of $28,000.

The board voted unanimously to approve both. The raise is a 2.24 percent salary increase. It is retroactive to July 1, 2017. Ferebee’s total pay this year, including the bonus, retirement contributions and a stipend for a car, will be $286,769. Even though the bonus was paid this year, it is based on his performance last school year.

The board approved a new contract Tuesday that includes a raise for teachers.

The bonus is 80 percent of the total — $35,000 — he could have received under his contract. It is based on goals agreed to by the superintendent and the board.

These are performance criteria used to determine the superintendent’s bonus are below:

Student recruitment

How common is it for districts to share student contact info with charter schools? Here’s what we know.

PHOTO: Laura Faith Kebede
Staff members of Green Dot Public Schools canvass a neighborhood near Kirby Middle School in the summer of 2016 before reopening the Memphis school as a charter.

As charter schools emerge alongside local school districts across the nation, student addresses have become a key turf war.

Charter schools have succeeded in filling their classes with and without access to student contact information. But their operators frequently argue that they have a right to such information, which they say is vital to their recruitment efforts and gives families equal access to different schools in their area.

Disputes are underway right now in at least two places: In Tennessee, school boards in Nashville and Memphis are defying a new state law that requires districts to hand over such information to charters that request it. A New York City parent recently filed a formal complaint accusing the city of sharing her information improperly with local charter schools.

How do other cities handle the issue? According to officials from a range of school districts, some share student information freely with charters while others guard it fiercely.

Some districts explicitly do not share student information with charter schools. This includes Detroit, where the schools chief is waging an open war with the charter sector for students; Washington, D.C., where the two school sectors coexist more peacefully; and Los Angeles.

Others have clear rules for student information sharing. Denver, for example, set parameters for what information the district will hand over to charter schools in a formal collaboration agreement — one that Memphis officials frequently cite as a model for one they are creating. Baltimore and Boston also share information, although Boston gives out only some of the personal details that district schools can access.

At least one city has carved out a compromise. In New York City, a third-party company provides mass mailings for charter schools, using contact information provided by the school district. Charter schools do not actually see that information and cannot use it for other purposes — although the provision hasn’t eliminated parent concerns about student privacy and fair recruitment practices there.

In Tennessee, the fight by the state’s two largest districts over the issue is nearing a boiling point. The state education department has already asked a judge to intervene in Nashville and is mulling whether to add the Memphis district to the court filing after the school board there voted to defy the state’s order to share information last month. Nashville’s court hearing is Nov. 28.

The conflict feels high-stakes to some. In Memphis, both local and state districts struggle with enrolling enough students. Most schools in the state-run Achievement School District have lost enrollment this year, and the local district, Shelby County Schools, saw a slight increase in enrollment this year after years of freefall.

Still, some charter leaders wonder why schools can’t get along without the information. One Memphis charter operator said his school fills its classes through word of mouth, Facebook ads, and signs in surrounding neighborhoods.

“We’re fully enrolled just through that,” said the leader, who spoke on condition of anonymity to protect his relationship with the state and local districts. “It’s a non-argument for me.”

A spokeswoman for Green Dot Public Schools, the state-managed charter school whose request for student information started the legal fight in Memphis, said schools in the Achievement School District should receive student contact information because they are supposed to serve students within specific neighborhood boundaries.

“At the end of the day, parents should have the information they need to go to their neighborhood school,” said the spokeswoman, Cynara Lilly. “They deserve to know it’s open.”