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Sunday, August 28, 2022

Despised William Cullen Bryant HS Principal Namita Dwarka Gets a Promotion

Namita Dwarka

 It seems Chancellor Banks is thanking the most reviled principals in the City for their service to the New York City Department of Education.

I just posted this about Oneatha Swinton, Principal at Port Richmond High school in Staten Island:

Ex-Principal Convicted of Fraud Gets a Sweetheart Deal From The NYC Department of Education


The thing is, when a Principal changes grades, ignores violence among children at his/her school, promotes staff disharmony, etc, he or she is doing what they are paid to do, namely make the school look good and get rid of teachers who expose the wrong-doing.

I have defended many teachers at 3020-a hearings who have been accused of "making the NYC Department of Education look bad". I'm not joking.

I did a 3020-a disciplinary arbitration many years ago for a teacher who innocently questioned Dwarka about her double-dipping, padding classes with the same curriculum and kids so that she could get extra funding. He, the accused teacher, was sent to the "rubber room" and charged with verbal abuse. We won, because she testified that she put him into the auditorium as his reassignment when he was out on leave. And, the DOE attorney was simply incompetent. His reward - he got out of the school and became an ATR.

In fact, for many years the NYC DOE charged teachers with the alleged crime of making "the NYC DOE look bad". Yep, that is "Just Cause for termination"

Under what standard, you may ask. I don't know.

The teachers, of course, are treated to termination for grade changing, social promotion, all of the acts that are part of the Principals' job descriptions.

When I posted the article below I didn't quite get the extent to which Dwarka could go with her misconduct:


Dwarka's student trailer for  problem kids 2015

Now, we got this.

 Betsy Combier


Controversial NYC principal Namita Dwarka, who is accused of grade-fraud, gets promoted

by Susan Edelman, NY POST, August 27, 2022

The city Department of Education has promoted a Queens high school principal whose reign was marred by alleged grade-fixing and intimidation, The Post has learned.

Namita Dwarka, the controversial – and often reviled – principal of William Cullen Bryant HS, told staff in a farewell note, “As of Monday, August 29th, I will be assuming the position of Deputy Superintendent.”

“It’s a new low for the DOE,” said City Councilman Robert Holden (D-Queens), who has urged Chancellor David Banks to crack down on school culture that turns a blind eye to academic fraud in schemes to boost graduation rates. “She shouldn’t be working in the DOE, much less in a leadership role.”

Dwarka, with a $198,000 salary, will serve as deputy to Josephine Van-Ess, superintendent of the Queens South HS district, overseeing 29 schools. Bryant HS is in the Queens North district. Banks has given more power to superintendents in his DOE reorganization.

The appointment sent shockwaves through Queens education circles:

“She’s got a terrible reputation among teachers. I’ve been hearing horror stories about her for years,” said Arthur Goldstein, a teacher at Francis Lewis HS in Queens. “She inspires good people to leave the system at a time that we sorely need them.”

Dwarka’s 11-year tenure at the Astoria school, which was threatened with closure for poor results when she arrived, was rife with turmoil and tensions. Dozens of staffers, including assistant principals, quit under her “dictatorship” or were forced out, insiders say. Morale was low.

“She was the one willing to do the dirty work,” said Sam Lazarus, a former teacher and UFT chapter leader. “It was not a happy place.”

But Dwarka demanded more than hard work and good teaching to boost the school’s performance statistics, whistleblowers say

Just two months ago, Georgia Lignou, a Bryant teacher and current UFT chapter leader, wrote a letter to Dwarka decrying pressure from administrators to promote students who skipped classes or did little or no work – and even some kids teachers had never even seen.

Teachers were “intimidated by the tone” of emails they received from supervisors. When asked to “provide support,” Lignou wrote, “what they hear is ‘We want you to pass this student.'” In a common practice citywide, teachers would give failing students a few last-ditch assignments to pass them “with much less work than what they required in class.”

“They do promote students who should not have been promoted,” Lignou added.

The DOE gave no comment on the complaints or on Dwarka’s announcement. “Ms. Dwarka passed an internal background check and will be considered for a position as Deputy Superintendent,” said spokeswoman Chyann Tull. 

The DOE’s Office of Special Investigations has an open case at Bryant HS, but “it doesn’t name Dwarka,” officials said.

Dwarka could not be reached for comment. The Council of School Supervisors and Administrators, the principals’ union, did not respond to a request for comment.

Dwarka’s scandals go back years. In 2013, she confined more than 20  students with behavior problems in a moldy outdoor trailer that looked like a shipping container, where they stayed the whole day while teachers took turns going in

Dwarka called it “the Scholars Academy.” One mom said, “You might as well send them to Rikers Island.”

In 2014, dozens of students were falsely labeled “former English language learners” to grant them an extra hour to finish the Regents exams, teachers alleged. Many such students were native English speakers or otherwise proficient.

In 2015, then-Chancellor Carmen FariƱa appointed a task force on academic policy after a series of reports in The Post. In one, an 18-year-old Bryant student admitted she regularly skipped a government class, had failing grades, and even missed the final exam — yet received a passing score of 65  to graduate.

“New York City gave me a ­diploma I didn’t deserve,” she said. Her teacher blamed “a tremendous amount of pressure” to pass kids.

Another report detailed Bryant’s online summer-school classes that let kids surf the Internet to plug in answers.

“They’re not learning. They’re not becoming college- or career-ready. They’re just getting out of high school,” veteran math teacher Mary Bozoyan complained at the time.

After her comments, Bozoyan, who suffers physical disabilities and difficulty walking, was locked out of a restroom next to her classroom, and forced to use one down the hall. The teacher said Dwarka also refused her plea to use a side entrance with fewer steps, calling it “retaliation – and heartlessness.” 

“I felt a mix of anger and sadness,” the since-retired Bozoyan said last week of Dwarka’s promotion. “I have just one question: Why Chancellor Banks, why?”

Dwarka has curried favor with DOE brass as Bryant’s lagging graduation rate, which was 56.5 percent when she started in 2011, slightly below the citywide average.

Last year, Bryant’s graduation rate was 87 percent — about the same as citywide — with 61 percent deemed able to enroll in CUNY without remedial help.

Dwarka’s farewell note to the faculty and staff said, “I encourage all of you to continue on the relentless quest for excellence and provide our students with the highest quality instruction and support.”

NYC EDUCATOR

Saturday, August 27, 2022

Just when you think things can't get any worse, Chancellor Banks, perhaps suffering from geranium in cranium syndrome, finds one of the very worst principals in NYC (that's saying something), and promotes her. That would be Namita Dwarka of Bryant High School. Dwarka has been repeatedly accused of grade-fraud, social promotion, and other Big Fun things that, if you were accused, you'd find yourself facing dismissal charges. 

For years Dwarka has lingered about, like a stench you just can't wash or spray away. I've gotten messages and emails, heard stories, but nothing seemed to happen. Now something has, and if you didn't think Mayor Eric Swagger was Bloomberg 2.0, let this be your wakeup call. He took six million dollars from the charter lobby, and you can consider Dwarka's promotion a small down payment on what he owes back. 

I'm told that Dwarka managed to raise test scores via whatever methods. I'm also told that teachers there are rated lower than anywhere else, and that they're regularly terrorized. The Bryant chapter leader is quoted in the Post article:

Teachers were “intimidated by the tone” of emails they received from supervisors. When asked to “provide support,” Lignou wrote, “what they hear is ‘We want you to pass this student.'” In a common practice citywide, teachers would give failing students a few last-ditch assignments to pass them “with much less work than what they required in class.”

Certainly this is one way to bring scores up. Of course, fudging the data doesn't ultimately change much, and doesn't always work well. Teachers who participate have often faced awful repercussions, and prosecutors actually used RICO statutes to go after 11 teachers in Atlanta. So when your insane principal asks you to do whatever you have to in order to pass kids, you have to weigh the inconvenience of the principal harassing you against the real possibility of that racketeering conviction. Oh, and principals can be charged too (though less likely under Mayor Swagger).

We share the guilt here. UFT has never fully embraced the discriminatory, unreliable nature and miserable quality of standardized testing. There is the assumption, among reformies like Bloomberg, Swagger, and Soaring High, that teachers are all lying crooks who will simply pass everyone if there are not tools like Regents exams standing in their path. Therefore, we must use only those tests only to judge them. The irony is that those same reformies, when placed in leadership positions, will use every means at their disposal to juke the stats. This is Campbell's Law at work.

I recall distinctly when Mike Bloomberg was crowing about increased test scores, and how his unique genius made that possible. Diane Ravitch compared them to unchanging NAEP scores and determined the tests were dumbed down. Bloombergians ridiculed her. Until, of course, a few years later, when overwhelming evidence proved Ravitch correct. Then, the tests were, ridiculously, aligned to the NAEP. Of course, the results were twisted to indicate that UFT teachers were some sort of collective antichrist. I don't recall who it was who said that standardized testing measures nothing better than zip code or home size, but I certainly agree. 

And, giving credit where credit is due, let's face it--It was an egregious error for us to endorse Mayor Eric Swagger. Sure, he was a shoo-in once he won the Democratic primary. Sure, it was possible, on some astral plane, that he would ignore the suitcases of cash that came pouring in from Eva's BFFs during the primary. But it was highly unlikely, and a bad bet at best. 

This mayor has said no city worker gets raises without production increases. Evidently, inflation doesn't affect his world, what with that free mansion and all those gala luncheons. In a time of unprecedented prosperity, he's cut public school budgets. And he's fought tooth and nail against any measure to lower class sizes. Now he can talk all day about test scores, and promote those who finagle them by hook or by crook. We all know that our kids need more role models, more attention, and that the only way to give it is to lower class sizes. Just how bad is this mayor? He would happily fire us all, sell all the school properties, and have kids learn on Zoom in classes of 400.  Even Bloomberg only advocated for classes of 70. 

What can we do about this? For one thing, we have to be more visible. Why on earth was it not the United Federation of Teachers bringing the lawsuit to reverse budget cuts? And why, once it appeared, did we not join it? Could we have been worried that Swagger would be mad at us? Given the promotion of Dwarka, one can only conclude that he already hates us and everything we stand for. What, exactly, have we got to lose? His offer of zero-percent raises? Every teacher and UFT member in the city can tell him exactly what he can do with that. 

It should be us out there asking the mayor questions as he walks our streets, hiding behind all those men in suits. It should be us forcing him to answer questions. So far, I've seen him walk away in full Donald Trump mode, ask those who bother him to pray, and calling them, us, again in Trump mode, clowns. 

So be it. We are many, and we should make this mayor see clown cars everywhere. They should, in fact, haunt him right up to the crack of dawn each and every morning when he crawls into his coffin to sleep.

Monday, August 22, 2022

Ex-Principal Convicted of Fraud Gets a Sweetheart Deal From The NYC Department of Education

 

The Department of Education transferred former high school principal Oneatha Swinton to a high paying administrative position following her insurance scam arrest.                                                                    J.C. Rice

Following up on my prior thoughts, where I said "This is a huge step for an agency that never admits they did anything wrong," in the NY POST Article on the 82 teachers and CSA members who were placed back on salary after being ordered by a Judge in the NY Supreme Court, another sign of this is the policy of ignoring fraud and crimes of Principals and other higher-ups at the DOE by giving the miscreants another position at a higher salary.

See the stories about Santiago Taveras, for instance.

The Career of Santiago ("Santi") Taveras Comes Hopefully To A Crashing Stop


He now has an administrative position at the DOE.

Actually, let me be honest here. We subpoenaed him to testify at a 3020-a arbitration several years ago, and I can say that he was a terrific witness for my client. I found him to be charismatic and very knowledgeable.

I cannot say the same for horrific "Gangsta Principal" Anissa Reilly-Chalmers:





OSI substantiated in their report (OSI Case #12-5472, dated November 25, 2013) that  Anissa Chalmers, now Anissa Reilly, threatened staff :

"....confirmed that, because 'a large percentage of the staff did not support her,' during a faculty conference, Principal Chalmers told her staff, en masse, that "if she went down, everyone [would] go down with [her].....is substantiated." Investigator Manuel Lassalatta was on the case, and the report was signed and approved by OSI Director Candace McLaren and Mr. Lassalatta;

other substantiated charges were: Chalmers violated Chancellor's Regulation A-660 by authorizing the expenditure of Title 1 Parent Involvement funds without obtaining proper PA membership approval; she violated Chancellor's Regulation A-610 by allowing parents and a parent of a former student to sell snacks without her written authorization; she violated Chancellor's Regulation A-812 by allowing parents and a parent of a former student to sell approved and unapproved food items inside the cafeteria on a daily basis; and she committed employee misconduct by allowing people who are neither staff members nor relatives of current X132 students, and who never passed OPI background checks, to sell snacks to students inside X132 on a regular basis."

 Superintendent Dolores Esposito determined that Principal Chalmers-Reilly's punishment would be a letter to file.


Ms. Reilly decided she wanted to be an actress, and made a disgusting video called "Gang Girl" that was sold for $5 by the elementary school kids in her school across the street from the school. I bought a copy to give the arbitrator at the 3020-a hearing for a teacher accused of threatening Reilly. The 3020-a case was won not because of the Gang Girl video, however, but on the basis of the secret audio recording of Principal Chalmers threatening the accused teacher and screaming at this teacher that she would be punished. 

I believe that this shows, beyond a shadow of doubt, the unfair disparate treatment that teachers must deal with as opposed to principals and/or Superintendents inside the NYC Department of Education. Teachers, parents, staff cannot make the DOE "look bad" at any time, for any reason. 

The reason? The NYC DOE never admits they did anything wrong.
See here:

NYC principals booted from schools still rake in big pay and benefits

and

Maspeth HS Principal Khurshid Abdul-Mutakabbir is Removed For Grade-Fixing and Other Charges of Academic Misconduct



Former Staten Island principal Oneatha Swinton started a fashion brand as a side job.
@obydezign / Instagram

Bronx school principal’s movie role as gun-slinging gangsta alarms parents (nypost.com)

  • Last Updated: 5:26 AM, March 17, 2013
  • Posted: 11:45 PM, March 16, 2013

Principal of violent Bronx elementary school moonlighted as murderous gangster in foul-mouthed B-grade movie

New York school principal’s movie role as gangsta angers parents

Ex-principal gets $187K DOE gig despite ‘pattern of dishonesty’

A city principal convicted of car insurance fraud kept her employment with the Department of Education – and even got a fat raise – despite what school investigators called her “pattern of dishonesty.”

The DOE gave Oneatha Swinton, the former acting principal of Port Richmond High school in Staten Island, a sweetheart deal to stay on despite the criminal rap along with findings that she improperly funneled $100,000 in school funds to a vendor, and “failed to safeguard” 600 DOE computers, printers and laptops which vanished under her watch.

Instead of terminating Swinton, 43, as recommended by the Special Commissioner of Investigation for city schools, the DOE gave her an unspecified place in its Office of Safety and Youth Development with a $187,000 salary plus health and pension benefits — $25,000 more than she made when arrested in 2018 for insurance fraud. Officials refused to give a title or description of her new gig.

Swinton even found the time to launch her own splashy fashion brand, ObyDezign, but took down the website after being contacted by The Post.

Her good fortune comes as Chancellor David Banks has vowed to sweep away needless bureaucrats and plow more money into cash-starved schools.

Parent leaders are dumbfounded.

“Why would you continue to A) trust her and B) put her in charge of any sort of student development? Who does she know?” asked Ellen McHugh, co-president of the Citywide Council on Special Education.

The Post revealed Swinton’s insurance scam in November 2017. Seven months later the DOE removed her to a disciplinary “rubber room.” Originally charged with six felony counts, she pleaded guilty in December 2018 to registering two Lexus SUVs in Pennsylvania to avoid New York’s high insurance rates. She was sentenced to three years’ probation and ordered to pay $6,200 in restitution plus an $800 fine.

Swinton joined Port Richmond as its interim principal in June 2017, after serving as principal at John Jay School for Law in Brooklyn since 2010.

The SCI found that Swinton, at John Jay, paid a total $100,000 in split payments — which was against purchasing rules — to Tanya John, a DOE vendor and ex-principal in the Bronx, according to an SCI report released to The Post under the Freedom of Information Law. The money was reportedly spent on “Saturday retreats” and overnight college trips, investigators say.

It was John’s East Stroudsburg, PA, home that Swinton fraudulently listed on her driver’s license and registration, the Pennsylvania Attorney General charged.

The SCI also found Swinton failed to inventory more than 600 DOE computers, laptops and printers during her tenure at John Jay HS. All the devices went missing.

“Swinton’s actions show a principal’s disregard for DOE rules and procedures and demonstrate a pattern of dishonesty,” Special Commissioner Anastasia Coleman wrote in her January 2020 report to then-Chancellor Carranza, recommending her dismissal.

Officials would not explain why Swinton — who led an anti-police march through the halls of John Jay and angered some Port Richmond parents by kicking cops out of the Staten Island school – was placed in an office that serves as a liaison with the NYPD.

A source said Swinton attended a Zoom training session last November, speaking little but making a big impression with her “crazy hat.”

Swinton posts photos of herself in large, brightly colored hats on her Instagram page.

“I am an ever evolving creative being open to learning and growing from everything around me,” she declared in a July 8 post.

“All this, and they reward her? Unbelievable,” said Annette Renaud, a former PTA president at John Jay HS. “It’s corrupt.”

“’It’s people in power saying ‘rules for thee but not for me,’” said Joann Nellis, Port Richmond’s former PTA president.

Swinton did not respond to requests for comment.

The principals’ union, Council of School Supervisors and Administrators, fights to save the jobs of members accused of misconduct. CSA spokesman Craig DiFolco said in a statement, “Oneatha Swinton is a proven school leader and has been effectively performing as a supervisor for the Office of Safety and Youth Development since the DOE appointed her to that role.” He would not elaborate.

Chancellor Banks had no comment. The Swinton deal follows another controversial agreement to keep former Maspeth High School principal Khurshid Abdul-Mutakabbir, also making $187,000, on the payroll for seven years at an unspecified desk after his removal for academic fraud.

Friday, July 22, 2022

Judge Frank Blocks the NYC Department of Education From Implementing Proposed Budget Cuts

 

Judge Lyle Frank

We love Judge Frank. He gets it - the harm that the NYC Department of Education is doing to the kids under their care.

His ruling against the NYC DOE is fantastic news, and he will make it permanent, we hope. 

See:

NYC Cuts School Funding, Mayor Calls Protestors "Clowns"



Judge Denies City Request to Vacate Temporary Restraining Order Against Budget Cuts to Schools

 

 

This morning, Judge Lyle Frank rejected the City’s request to vacate his Temporary Restraining Order, which means that any further cuts to school budgets will continue to be blocked until the August 4 hearing when the case will be heard.

 

His order, as well as all the legal papers submitted so far, can be found here.

 

Laura D. Barbieri, the attorney from Advocates for Justice representing the parents and teachers who sued the City and who are asking for a revote of the City Council on the education budget, said the following:

 

“The Court having considered both the City and the Petitioners' submissions denied the City's motion to vacate the TRO before the hearing on August 4, 2022, when both sides will be presenting additional evidence and arguments. Here at Advocates, and on behalf of all the parents, teachers, students and concerned New Yorkers   who are supporting the lawsuit, we are happy with this decision and believe the City should take this as a signal and restore school budgets immediately.” 


NYC judge issues blocks Education Dept. from implementing budget cuts

A Manhattan Supreme Court judge temporarily blocked the city Education Department from proceeding with hundreds of millions of dollars in planned school budget cuts — the latest twist in an ongoing funding fight.

Judge Lyle Frank said in a four-page ruling Friday that the city is barred from any “further implementation” of the cuts included in its Fiscal Year 2023 budget and must revert to Fiscal Year 2022 funding levels in the meantime.

A hearing is scheduled for Aug. 4 to determine whether Frank will issue an order that would effectively make his order permanent.

The order came in response to a lawsuit filed by a group of parents and educators who argue that the city violated state law by adopting the city budget before giving the city’s Panel for Educational Policy the chance to approve the schools portion of the budget. The suit asks the court to annul the DOE’s portion of the city budget and force the City Council to recast its vote.

It is still unclear what the temporary restraining order will mean on the ground for the Education Department and school principals, who are in the midst of making staffing decisions for next school year.

The DOE has already distributed a big chunk of schools’ budgets for the upcoming school year, with the cuts reflected in those allocations.

Laura Barbieri, a lawyer for the plaintiffs, said the order means that any decisions to fire, or “excess,” staffers based on reduced budgets must be temporarily paused. She also maintained that schools that received more money this year than last won’t see their budget cuts because of the order, arguing “it can’t reduce, it can only add.”

Frank’s order says the DOE is temporarily “enjoined from spending at any levels other than as required by the FY 2021-2022 Department of Education Budget.”

The DOE didn’t immediately respond to a question about the effect of the restraining order.

Amaris Cockfield, a spokeswoman for Mayor Adams, said, “the budget was duly adopted by the City Council and is in accordance with all charter mandated protocols.” She said the city planned to file a motion to vacate the order on Monday.


Monday, July 18, 2022

NYC Cuts School Funding, Mayor Calls Protestors "Clowns"

Protester Thrown Out at Police Athletic League Meeting

NYC Mayor Eric Adams is deaf to those who disagree with him. There are way too many events to bring up here, so let's look at what happened on Monday, July 11, 2022, at the Police Athletic League meeting. Protesters were removed by guards. Adams called them "clowns". See the picture above.

Parents and employees of the NYC Department of Education are distressed over the cuts to school funding that Adams has said are necessary due to the many students who are not returning in September, some say 30,000 or more. Both sides have truth to their argument. The problem is, no one on either side is negotiating a compromise.

Basically, it is a no-brainer that since so many students and educators will not be back in September, funding has to be reduced or at least school budgets have to be reviewed. Maybe Principals could each get a little less in their paychecks? Maybe Mayor Adams could offer to reduce his discretionary spending, and maybe donate some of his salary to the kids?

Yeah, you are right. I'm joking.

But the joke is really on all of New York City, and his name is Eric Adams. 

Remember, in the last couple of months the Mayor fired 914 employees of the Department who did not get the COVID vaccine and could not justify their reason (i.e. medical issues or religious beliefs). However, looking closely at the appeals of the denials of the exemptions, anyone can see violations of Constitutional Laws and rights cited in the First and Fourteenth Amendments.

It seems that Mayor Adams does not see what we see. 

And then we hear that the NYC DOE sent 55 employees to a swanky hotel in Orlando, Florida for a few days. Why? Because NYC has no one who can teach STEM to anyone.

Just kidding.

All funniness put aside, Mayor Adams has many years left to rule on where resources go and how they are allocated. He has lost the public trust so quickly, I just don't see a happy medium occurring anytime soon.

He should listen to the "clowns".

 Betsy Combier

Protesters against school budget cuts escorted out of mayoral event

Mayor Eric Adams was confronted Monday night by a group of Upper Manhattan protesters denouncing controversial cuts to local schools.

"See, this is the clown, this is the clown," said Adams. "And this is what we're up against — people want to spend time being disruptive, that's what people want to do. But we got to stay focused, and not get distracted."

"Because people want to spend time on what they disagree on, and not spend time what they agree on," he added.

The protesters were immediately escorted out of the Police Athletic League, where Adams was to hold a discussion on public safety with members of his administration and local residents.

"So all that noise, that's what folks don't understand," said Adams. "Because you are the loudest does not mean you are saying something."

Close to 1,200 schools are seeing cuts to the primary source of their individual budgets through the Fair Student Funding formula, according to a New York City Comptroller analysis.

"The mayor and the Chancellor and many others had been really trying to gaslight the city for weeks, really trying to justify or pretend like these are these are good budget cuts," said Matt Gonzales, one of the protesters who was escorted out. "So we really needed to come here to demand an answer in public, right in front of him."

"They basically threw me out here and they started getting in my face, trying to shame me, reprimand me for using my constitutional right to demand a response from the mayor," Gonzales said.

The slashed budgets — originally forecasted to total $215 million but now appear to be deeper as the city anticipates further enrollment drops — have already led to lost programs, and teachers and school staff.

Another protestor who was escorted out, Shoshana Brown, told The Post she was a social worker at Essex Street Academy on the Lower East Side until she was let go by her school on the first day of summer break because of fewer funds.

"I didn't even get a chance to say goodbye to my students because it came after summer already started," Brown said.

"I'm sad because I have students that I've worked really, really hard for," she said. "Not only am I not going to be able to see them graduate — I'm scared that they're not going to graduate because they're not gonna have that support, and I was the only person in the school that they were really connected to."

At several city forums, including last month's Panel for Educational Policy and a City Council budget oversight hearing, parents, teachers and advocates have flooded public comment to decry the cuts. Council members, too, later pushed back against the reductions after hearing from their constituents.

Adams, who acknowledged that the "overwhelming number of questions" at the forum were related to youth and schools, continued to attribute the shrunken budgets to drastic enrollment declines within the Department of Education.

"People have hijacked the conversation," Adams said.

*******************************************************************

For immediate release: July 18, 2022

Contact: Leonie Haimson: 917-435-9329; leoniehaimson@gmail.com;
Laura D. Barbieri 914-819-3387; Lbarbieri@advocatesny.com

NYC Parents And Teachers File Lawsuit Today Against Mayor Adams' Savage Cuts To School Budgets

 Four NYC parents and teachers filed a lawsuit today in NY Supreme Court, asking for a temporary restraining order to halt the severe budget cuts to their public schools planned for next year, which will otherwise cause class sizes to increase and students to lose valuable programs and services.

As the lawsuit points out, New York State Education Law clearly specifies a mandated process by which the NYC Board of Education (also known as the Panel for Educational Policy) must vote to approve the education budget prior to the City Council vote; but in this case, the City Council voted to adopt the budget on June 13, ten days before the Board voted on June 23, 2022. The lawsuit asks for a revote of the City Council in order to ensure the legally-required process occurs, and that the Council has the opportunity to reconsider its vote based on the testimony of nearly 70 parents and teachers who spoke out at the Board of Education meeting, detailing the profoundly damaging impact of these cuts on their schools.

Instead of following the legally mandated procedure outlined in state law, the Chancellor instead issued an "Emergency Declaration" on May 31 to adopt the budget without any Board vote, though no real emergency existed, using boilerplate language. At the Board meeting on June 23, the Chancellor erroneously declared their vote meaningless because the Council had already adopted the budget. Yet in fact, in twelve out of the last thirteen years, different NYC Schools Chancellors have invoked such "emergencies" when typically none existed, in order to adopt a budget prior to a vote of the Board of Education, thereby disempowering the Board and eradicating its essential authority under state law to approve education budgets.

In addition, State law also requires that the Board vote on a budget in which the expenses of the Community School District Councils are delineated separately from the expenses of the City Board, which did not occur either.

The plaintiffs include Melanie Kottler, a parent with a rising 2nd grader at PS 169 in Sunset Park, a school with a large number of students with special needs and English Language Learners, which as of July 14, will have its Galaxy budget reduced by millions of dollars compared to this year. Melanie deplored the fact that the school will be forced to lose classroom teachers and thus increase class size as a result: "The 2021-22 school year was incredibly challenging for teachers at our school. Not only were they working tirelessly to try to catch students up from learning loss the year before, but some teachers also faced students who had never even stepped foot in a school building. COVID is not over, and nor are these challenges. I'm afraid that larger class sizes will only make things more difficult for PS 169 students and teachers."

Another plaintiff is Sarah Brooks, a special education/ICT teacher at PS 169, who reported that the school will lose paraprofessionals, afterschool programming, school trips, and possibly their school counselor as well, damaging the quality of education for all students, but particularly those with special needs: "The budget cuts will cause all the students at PS 169 to suffer. They will lose out on specialized instruction, mental and academic supports, and the vital opportunity to learn outside of the confines of their own neighborhoods. The Special Education program will be markedly and significantly impaired. Our students deserve more from their schools."

Plaintiff Tamara Tucker is a parent of two children at PS 125 in Harlem, a high-poverty school which is facing the loss of its arts programs and an increase in class sizes due to cuts of hundreds of thousands of dollars. She said, "Everyone at PS 125 has already been stretched so thin, and this will only become worse in light of the budget cuts for this upcoming year. The students are going to be the ones who will bear the brunt of this poor decision. The formula that is used to calculate school budgets is fundamentally broken and does not account for the actual needs of schools. It is not fair and is not benefiting students in any way. Every child should have art, music, and enrichment classes. These subjects are part of a well-rounded education and bring joy and diverse perspectives to children of all ages."

Plaintiff Paul Trust is a music teacher who has worked at his school since 2005, PS 39 in Brooklyn, but now has been excessed. His school is losing its entire music program because of more than a half million dollars in cuts. He said, "My students thrive and are empowered through music. Many continue to pursue their passion in middle school and beyond. I have students who have gone on to the finest conservatories and those who have formed the loudest of rock bands. All this will go away with these budget cuts. Neither the Mayor nor the Chancellor seem to be concerned with the irreparable harm these draconian cuts may cause our students. I can only hope that this will not be the last year I am able to continue to serve the school community I love."

According to Leonie Haimson, Executive Director of Class Size Matters, "We have interviewed parents, teachers, and principals who told us that the smaller classes in their schools this past school year have been essential in allowing them to reconnect with their students and help them begin to recover from the disrupted learning and disengagement from the school closures and remote learning that occurred during the height of the pandemic. These children will have the rug pulled from under them if these cuts are enacted, and much of the progress they have gained will be lost, in the anonymity of excessive class sizes where their teachers will be unable to give them the academic and social-emotional support they so desperately need."

Laura D. Barbieri, Special Counsel for Advocates for Justice, stated: "The explicit language of State law requires that these egregious budget cuts be halted and reconsidered by the Mayor and the Council, because the law was not followed. The State Legislature enacted an explicit budget review and voting process by the Board of Education that was eviscerated by the Chancellor's abuse of authority. No emergency justified the Chancellor's ignoring the proper procedure."


Tamara Tucker v City of New York