Oct 28, 2016

Letter: Where CEC won't represent parents, DOE must help

A joint letter from PSPED and the District 3 Task Force for Equity in Education:

October 28, 2016

Dear Chancellor Fariña,

The parents and educational communities of Community School District 3 are in a dual crisis.

It is common knowledge that our schools are made deeply unequal by years of disparities in resources and supports, and yet there is no vision and no policy to address those inequalities. The effect is that access to education and educational outcomes are skewed by race, income, national origin, housing status, and other factors. This is happening not just because schools serving low-income families have less, but because privileged parents are allowed to group themselves into specific schools for the purpose of having more. This deliberate production of inequality is largely unacknowledged by the Department of Education (DOE) and Community Education Council (CEC) 3, although it is a matter of constant public discussion among parents and school communities.
                                                                                                    
Compounding this unacceptable state of District 3 schools, our CEC has yet to acknowledge its obligation to represent District 3 parents and “promote achievement of educational standards and objectives relating to the instruction of students,” as New York State law demands.

“Desegregation” and the CEC rezoning
We appreciate the fact that the CEC has recently acknowledged that the District’s schools are segregated and that the problems of zoning, overcrowding, and segregation are joined. This was not the case a year ago, and it does mark significant progress. However, we disagree with the CEC that its rezoning plan is a “desegregation" plan; it does not represent the interests of low-income families of color throughout the district. While the CEC has begun to portray itself as a champion of diversity, we must insist that words be backed with actions that address how structural racism creates segregated and unequal learning environments and opportunities for the majority of the district’s children.

At the same time, CEC3 continues to sideline discussions about the vast disparities that exist among schools, and how privilege allows some families to choose and gain access to certain schools, thereby disproportionately concentrating resources in select schools and exacerbating overcrowding. Moreover, for the past three years, the CEC has focused its attention on overcrowding at a few high-performing and heavily parent funded schools at the southern end of the district. The rezoning focuses mostly on schools where high-income families have accessed the vast majority of seats. The schools left aside are virtually all low-income Title I schools, serving mostly families of color.

PS 241 and the exclusion of low-income schools from CEC representation
The CEC has also consistently sidelined discussion about the need to support the many under resourced schools outside the small area targeted for rezoning. The “surprise” closure of PS241 is just one example of how the CEC’s myopic focus has harmed families and schools in the rest of the district.

Like the CEC’s new turn to “desegregation,” its plan for PS 241, which would effectively change zone lines, seems to have emerged without the participation of the affected school community. The CEC’s proposed zoning plan for PS241 makes no provision for mitigating the impact it will have on the children in the building, and recommends an engagement process only after the plan is approved. We ask, do the families in this school and all the other schools in the northern part of District 3 deserve the same policymaking process that has been afforded the more vocal families at PS199, PS452, PS9, PS87, PS166 and the other lower district communities who have controlled the discourse on this subject? 

CEC leaders have often repeated the refrain that low-income parents, parents of color, and parents from Harlem schools should raise equity concerns at CEC meetings – and that since they don’t show up en masse like parents concerned about rezoning, they must not be very concerned. There are several problems with such reasoning. First, as parents and community members have commented: there has consistently been a lack of notice, a lack of outreach, and a lack of infrastructure (language interpretation and childcare) for meetings that have resulted in the de facto prioritizing of those with greater flexibility of schedule and resources. Second, discussions about disparities and supporting low-income schools have had to be virtually elbowed in at Zoning Committee meetings and CEC public meetings. Since these meetings are never set up to discuss school equity, raising these issues often appears “off topic” and is treated as a distraction from the severely limited issues around which agendas have been planned. Given the need to literally clear space to talk about school quality, and the often hostile and dismissive response from CEC leadership, the claim that the CEC is open to parents is disingenuous at best. The combined result is that parents concerned about equity and parents at low-income schools have little reason to view the CEC as a place where they can find representation.

Community-Controlled Choice
Parents, PTAs, SLTs, and community advocates have been asking since 2014 for CEC3 to consider Community-Controlled Choice as a way to remedy unequal schools, admissions criteria that offer disproportionate choice to privileged families, and over- and under enrollment. There is no other proposal on the table to address those problems.

In its October 18 letter, the CEC claimed that Community-Controlled Choice had been considered but had left too many unanswered questions. Both of these claims are untrue: it was never considered, and the CEC has never pursued answers. Further, the leadership of the CEC has made clear that they oppose Community-Controlled Choice. Letters from the leadership of the CEC to parents and advocates have made inaccurate claims that “controlled choice does not enjoy a level of support in District 3 that makes further consideration prudent.”[1] The leadership of the CEC has made these profoundly undemocratic assessments against Controlled Choice.

Under pressure from parents, advocates, and PTAs, the CEC held two deeply flawed community forums to discuss Community-Controlled Choice. They were planned in such a way that low-income parents were substantially excluded.[2] The Task Force, which had invested several years considering how Community-Controlled Choice might work in District 3, was not allowed to present because it was “not impartial.” Instead, the CEC created a panel with little knowledge of District 3, and limited what the panelists could say. Lisa Donlan, a panelist who was then CEC1 president, detailed in a recent comment on Chalkbeat that the panel appeared set up to preempt, rather than facilitate, consideration of Community-Controlled Choice:

“Despite my clear claims that, under the model of community-led controlled choice, each community would need to clarify its own values and examine the geographic and historical context that contribute to the segregation problem that controlled choice could address, I was asked to answer questions about a plan for D3 that had not been created!...

…That process is not necessarily lengthy or expensive (in D1 we funded most of our work- workshops, forums, studies, Town Halls, etc, with our CEC budget and certainly could have been well advanced by now if it had been undertaken when discussed many months ago…

…I was told by a CEC Task Force on Overcrowding panel organizer that I could not use words like "segregated schools" as they are too hurtful…

…The panel was asked to provide a busing and transportation plan for a proposal that had not been designed, and other such backwards planning requests.

…These sorts of constraints and questions indicated an underlying general resistance to actually exploring controlled choice as an option, based on a deep aversion to removing zone lines, the ones that ensure privileged access to the most resourced schools.

…The panels felt set up in a way to avoid having to consider ways to reach for real equity for all children by finding fault with controlled choice before it even had a chance, so it would not be given consideration in D3.”[3]

What would be needed to genuinely give Controlled Choice a real consideration is a commitment from the CEC to invest in a community-wide planning process, similar to the process that District 1 developed and implemented.[4] This process would not be a decision to implement Controlled Choice, it would be a decision to fully consider it, and finally address the severe and entrenched inequities that plague our district.
 
Public process and Open Meetings law
The CEC has created an unfortunate practice of making decisions on behalf of District 3, with little or no public consideration – often accompanied by disingenuous claims that they are actually the product of public engagement. The summary dismissal of Community-Controlled Choice is one example. The CEC’s rezoning proposal letter is yet another.

There is a question as to whether the CEC’s plan required a public vote since there was an action taken by the members of the CEC that proposed a rezoning plan.  The New York State Committee on Open Government is directed by the Freedom of Information Law (FOIL) and under the Open Meetings Law to furnish advice and issue regulations. The law requires public bodies, including the CEC, to provide notice of the times and places of meetings and to keep minutes of actions taken.  Open Meetings Law states: “It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens… be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy." We are very concerned that it appears that CEC3 did not follow the Open Meetings Law in proposing a re-zoning plan to DOE without a vote in public.  It is imperative that all actions by the CEC be transparent so that the public may be engaged and informed in a proper and timely manner about decisions that affect all the students in the District 3 community.

Finally including all of District 3 parents, schools, and communities
The CEC’s October 18th proposal to Chancellor Fariña demonstrates that the CEC has begun to recognize the problem of segregation and inequity in our District. But tacking “desegregation” onto a small, piecemeal rezoning is a shortsighted approach that avoids confronting the underlying causes and leaves the systemic problem unresolved. It is also unconscionable to conduct “desegregation” without the participation of low-income communities. 

We respectfully request, once again, that you support our recommendation to engage the District 3 community in a planning process to delve seriously into Community-Controlled Choice as a potential solution to the most pressing systemic problems that create unequal schools.

We request that the CEC’s plan be rejected in favor of a more comprehensive plan that reviews the entire district and fulfills the CEC’s unmet obligation to provide all District 3 parents and community with “a public forum to air their concerns.” 

The families of District 3 deserve to have a real chance at equitable schools throughout the district. Segregation (the problem) and overcrowding (its effect) need to be addressed in a manner that deals together with defining and creating diversity, equitably funding and supporting schools, improving school outcomes, halting the siphoning effect of charter schools, and challenging the “ownership” of better resourced schools by privileged families.

This cannot happen in a CEC that represents only the loudest, most privileged families and schools. We ask, therefore, for your support in holding the CEC to its statutory obligation to represent the rest of us, and to create equal educational opportunity for all of our children.

Sincerely,



Ujju Aggarwal
Marilyn Barnwell
Flor Donoso
Lori Falchi
Theresa Hammonds
Elena Nasereddin
Donna Nevel
Lizabeth Sostre
Members, District 3 Equity in Education Task Force


Emmaia Gelman (PS 75)
Yassiel Nieves (PS 145)
Kavita Singh (PS 333/MSC)
Toni Smith-Thompson (Mott Hall II)
for
NYC Public School Parents for Equity and Desegregation




[1] https://nycpsped.blogspot.com/2016/10/cec3-pres-response-to-psped-letter.html
[2] For discussion of forum planning, see www.d3equity.org.
[3] http://www.chalkbeat.org/posts/ny/2016/10/19/drowned-out-of-upper-west-side-rezoning-battle-desegregation-advocates-fight-for-a-broader-plan/#.WBN6L-ErL-Y
[4] For information on CEC1’s community engagement process, see CECd1.org
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