Commissioner's decision: what does it mean?

Dear Parents:

Today, the New York State Commissioner of Education (at right) upheld our appeal of the DOE’s decision to co-locate Brooklyn East Collegiate Charter School (BECCS) in the PS9 building. While the decision's immediate effect is clear, many questions remain about what happens from here and how the DOE will proceed. Some of these questions will not be answered for some time, but we will learn much more in the near future.

What does the decision say?
The Commissioner upheld our appeal and annulled the February 3 vote of the Panel for Educational Policy (PEP) approving the co-location plan. While the Commissioner rejected some of our arguments, including those based on the deficiencies in the Educational Impact Statement (EIS) and in the proposal and voting process, he agreed that the DOE’s Building Utilization Plan (BUP) did not propose an equitable use of shared space such as the library and gym. The Commissioner also noted that the BUP did not assess other issues such as the effect on PS9’s after school program and the impact of the school yard closure. Although the DOE argued that the BUP could be refined, the Commissioner found that the law requires more than just a proposal for the use of shared space and that the defective BUP was a “substantive failure to analyze the impact…on the affected students.”

What does the decision mean for the DOE?
The co-location approval has been annulled, so the DOE is prohibited from proceeding with the co-location plans until it complies with New York State education law. In effect, the decision puts the DOE back where it was before the vote took place. In order to proceed with the co-location, the DOE would have to issue a revised BUP and hold a new vote of the proposal. It is difficult to know whether the DOE would be able to issue a BUP that includes a fair and comparable allocation of space, as required by the Commissioner’s decision.

Can the co-location still happen?
Yes. If the DOE issues a new BUP and the PEP approves the proposal again, the co-location could proceed. PS9 parents would again have the opportunity to appeal the decision to the NYS Commissioner of Education and would be able to take legal action if the appeal were dismissed. If those challenges did not succeed, the co-location could go forward for the 2011-2012 school year.

What happens next?
First, we celebrate! But not for long; much more work must be done. We need to complete the K-8 expansion proposal, as planned. Our other next steps depend somewhat on how the DOE decides to proceed. We will alert P.S. 9 parents to any future developments.
-Christina LaBrie and the P.S. 9 Parents Advocacy Council

State Commissioner grants P.S. 9 parent appeal!

P.S. 9's squeeze has been stopped! Today, State Commissioner of Education David Steiner blocked the 2011-2012 move of Brooklyn East Collegiate Charter School into P.S. 9's building. In a 16-page decision, Commissioner Steiner (at right) concluded that the DOE failed to justify that three schools could fairly share common facilities at 80 Underhill Ave. He annulled the February 3 majority vote of the Panel on Educational Policy (an 8-4 decision) approving the co-location. He directed DOE to stop all planning for the co-location and properly detail how the schools could fairly share the building in a brand-new Building Use Plan.
You can read the Commissioner's decision at this link (To download, go to "File" menu, click "Download original.")

A short take: P.S. 9 won its appeal on the numbers. Starting on page 13, the commissioner cited P.S. 9's curtailed access to the library and the gymnasium, and agreed with parent advocates that DOE had not adequately addressed the apparent, embarrassing imbalance in how the schools would share the building. P.S. 9 students now have room to breathe.

Does this mean that the co-location definitely will not happen? No such luck. DOE may try to sue in the courts to overturn this decision. Or DOE may try to meet the Commissioner's conditions (his determination of what the state's Education Law requires) and re-introduce the co-location plan for P.S. 9's building. It appears that the PEP will have to vote again for Brooklyn East Collegiate Charter School to move into the building.

What goes on at a DOE public hearing?

District 13 superintendent James Machen likely will host Jan. 24's joint public hearing to discuss the proposal to close MS 571 and co-locate P.S. 9, M.S. 571 and Brooklyn East Collegiate Charter School. To get a flavor of what goes on at these hearings, here are a few transcripts from recent hearings:

Brooklyn Millennium's controversial placement in John Jay HS

Expansion of PS 45 to K-8 school

Expansion of PS 157 to K-8 school

Closing of Global Enterprise HS

ALERT: Principal proposes PreK-8 expansion

Prodded by questions from the media in the wake of yesterday’s rally, Councilmember Letitia James surprised P.S. 9 parents early Friday morning by attending a planning meeting.

Tish, as she’s known, came to share her insights on the DOE process: to avoid the placement of a charter middle school in the building, P.S. 9 parents must offer an alternative middle school plan. D.O.E.’s data indicates that the building has room, and the DOE and Tish agree that District 13 needs more good middle schools. Tish encouraged Ms. D’Avilar and P.S. 9 parents to endorse a restructuring of upstairs neighbor M.S. 571, which faces a phase-out by the DOE.

Tish wasn’t the only surprise guest. Also attending was Trish Peterson, an instructional advisor from P.S. 9’s support network, CFN 306. Trish suggested that M.S. 571 could be transformed, with new leadership and staff, into P.S. 9’s upper school. It could adopt P.S. 9’s approach of schoolwide enrichment for all students. This new expanded P.S. 9 would offer something attractive for multiple parties:

•For P.S. 9’s community: a school in which we are invested, rather than a charter with its own agenda;

•For other District 13 elementary schools that follow the schoolwide enrichment model (P.S. 8, 11, 133): an attractive destination for their graduates;

•For the councilmember, the D.O.E. and others concerned about limited District 13 middle school options: a promising middle school.

Principal D’Avilar said this morning that, after further discussions, she is committed to transforming P.S. 9 into a PreK-8 school. She noted that expanding on the school’s successes is a much better solution — for the students, for the community, for P.S. 9’s future — than cramming three schools into the building.

Councilmember James has actively called for M.S. 571 to be given another chance, noting that D.O.E. has not followed its own regulations in deciding to close the school. She is scheduled to meet with D.O.E. Deputy Chancellor Marc Sternberg on January 20 to discuss the DOE’s plan. Yet on Friday morning, she said that she is open to endorsing P.S. 9's becoming a K-8 school. The councilmember helped arrange a $350,000 grant to create P.S. 9’s new library.

P.S. 9 parents, please let us know: would you be interested in sending your child to a P.S. 9 upper school? In your response, please also tell us your child’s current grade.

(Photo: Councilmember Letitia James)

SAMPLE LETTER to send to DOE

FOR PARENTS TO EMAIL to MSternberg@schools.nyc.gov, D13Proposals@schools.nyc.gov, and ptops9@gmail.com.

Copy and paste — check the date! sign your name! — or add in your own thoughts. You can also re-address and send to:

Chancellor Cathleen Black (Cpblack@schools.nyc.gov)

Deputy Mayor Dennis Walcott (DWalcott@cityhall.nyc.gov):

January 12, 2011

Mr. Marc Sternberg

Deputy Chancellor, Division of Portfolio Planning

New York City Department of Education

52 Chambers Street

New York, NY 10007

Dear Mr. Sternberg,

I have reviewed the Department of Education (DOE)’s proposal that P.S. 9 share 80 Underhill Avenue (“Building K009”) with Brooklyn East Collegiate Charter School and M.S. 571 until June 2013. As a New Yorker, I understand the need to efficiently use the city’s buildings. Yet as a citizen and a parent of a student at P.S. 9, I see data that clearly shows that this co-location plan will hurt the instruction of young students and will fail to serve the neighborhood‘s needs.

The DOE’s building use proposal irresponsibly restricts Pre-K to Grade 5 access to vital school facilities. The proposed schedule cuts P.S. 9’s hours in the gym by 48% each week, allocating just 9.75 hours for the school’s 29 classes. To comply with state physical education requirements, P.S. 9 will have to hold more K-5 gym classes in the auditorium—where students are limited to (dangerously) running laps through the aisles. In addition, some adaptive phys-ed classes are forced to take place in inappropriate spaces, such as the auditorium stage. The DOE’s plan also eliminates time for cleaning the cafeteria between lunch shifts, and requires half of P.S. 9’s students to eat lunch overly early, at 10:30 a.m. As for the new Book Hive library that our school community worked so hard to create (a P.S. 9 parent designed it pro bono), DOE gives the school’s 29 classes only 4.5 hours a week. (With a quarter as many students, Brooklyn East Collegiate gets two-thirds more time than P.S. 9!)

The DOE’s plan will limit the school’s ability to serve the community’s growing Pre-K through Grade 5 needs. Last year, 237 families applied for 54 seats in Pre-Kindergarten, a five-fold rise in requests from just four years ago. In September, P.S. 9 added a sixth kindergarten class to meet demand. The Census Bureau found that the number of children under five rose 35 percent from 2000 to 2007 throughout Brownstone Brooklyn, including much of District 13. Yet the DOE’s proposal caps P.S. 9 enrollment at 650 students for at least the next three years and even reduces the capacity of P.S. 9’s 5th Grade. Finally, the DOE’s plan requires that P.S. 9 turn away out-of-zone families (see EIS, footnote 23; BUP, footnote 10)—contradicting the Chancellor’s “Children First” philosophy, which celebrates parental school choice and casts it as a key measure of a school's success.

As a barrier-free school with new, accessible playground facilities, P.S. 9 serves students with special needs and provides a fertile environment for many groups of learners. P.S. 9 Principal Sandra D’Avilar wants to expand on those successes by increasing the number of pre-K and Gifted and Talented classes and by creating a dual-language program. With demonstrated parental involvement, P.S. 9 has the vision and capacity to offer a wide variety of vitally important programs and services to our neighborhood and surrounding communities. I urge you to abandon this unwise co-location proposal and support P.S. 9’s continuing efforts to provide every student an excellent education.

Sincerely,

Principal's plan for expanding P.S. 9's services

Principal D'Avilar is developing a formal proposal for expanding P.S. 9's instruction and services, she said at Friday morning's meeting. She intends to increase the number of pre-kindergarten and gifted-and-talented classes in Grades K-5, and to create a dual-language program. The dual-language program would start with one language (Spanish or French), then could expand to a second language after 1 or 2 years.

She also endorsed a parent's suggestion that the school expand its services for students with special physical needs. P.S. 9 is a barrier-free school and the new playground will include an area of playground equipment accessible to these students.

To finalize the proposal for submission to the D.O.E., Ms. D'Avilar will attend a meeting on January 18 with the leaders of P.S. 9's support network, Children First Network 306. She pledged to distribute her proposal to the community before the January 24 hearing.

(Illustration: www.dual-Language.org)

CORRECTION to Action Plan sent home

The action plan sent home with students today suggests sending letters to the NYC schools chancellor about the proposal to move a new charter middle school into P.S. 9's building. Please note that the correct spelling of the chancellor's name is Cathleen Black. Early next week, look here for a sample letter for parents and community members to send to the Chancellor and other officials.

Jan. 7 meeting about DOE plans and how to protect P.S.9

Thanks to the dozens of people who came to this morning's meeting at P.S. 9 despite the snow flurries and the early hour. A main point: P.S. 9 parents have a genuine chance to persuade Department of Education officials that the plan to add a new school to the building will hurt instruction and harm the P.S. 9 community. Over the next couple of weeks, P.S. 9 parents will step forward to ensure that the school's good work is preserved. Protect P.S. 9!

Look here soon (today, this weekend, Monday) for more materials:

•a sample letter for parents to send to D.O.E. and elected officials

•an action plan for the community

•an explanation of the situation

•summary of Principal D'Avilar's proposals to expand P.S. 9's programs

•a updated roundup of documents related to D.O.E.'s plan. Existing roundup is here.

Childcare available for Friday's meeting

Friday's 7:45 a.m. meeting will be held in the auditorium. Childcare will be available in the teachers lounge, Room 134. At the meeting, Ms. D'Avilar will announce her counterproposal for the use of the second floor should D.O.E.'s panel approve the proposed closing of M.S. 571.

Under the principal's proposal, P.S. 9 will expand by launching a dual-language program, and possibly other programs. More details are not yet known. If you expect to attend, please r.s.v.p. to Charmaine Derrell-Jacob, P.S. 9's parent coordinator, at 718 638 3260 x1121 or at CDerrell AT schools.nyc.gov.

Find our previous posts, with background information and links, here, here and there.

SAVE THE DATE—January 24 Public Hearing

Please make plans to come to a public hearing on MONDAY January 24 at 6:00 p.m. The hearing is your chance to oppose the D.O.E.'s wrongheaded plan to move a new school into our building. Your presence that night is crucial! We need many, many parents to attend RAIN, SHINE OR SNOW. Please buy a t-shirt to wear to show your support for PS9. You can order an "I Love PS9" t-shirt—short sleeve $12, long sleeve $20—by sending an email to ps9pto AT gmail.com. (View shirts here and here.)

The public notice about the hearing, held by the D.O.E.'s Panel on Educational Policy (the body that votes on the proposal), is here.

Read the details of the D.O.E. proposal here (Building Utilization Plan) and here (Educational Impact Statement).

The panel members voting on the proposal are listed here. (Photo of Panel on Educational Policy from NY1 article.)

3 reasons to oppose DOE proposal for a new school

The Department of Education wants to install a new school in our building this fall. D.O.E. proposes that 3 schools share our building until 2013. Parents, please express your opposition to this plan! Please write or call the D.O.E.'s Ms. Gentian Falstrom at D13proposals@schools.nyc.gov or 212-374-0208 before January 24. Please cc your comments to ps9pto@gmail.com.

3 reasons to oppose the proposed plan to locate a new school at 80 Underhill Ave.:

1. The DOE plan ignores the growing needs of our community.

P.S. 9 and the neighborhood are growing. P.S. 9 added a sixth kindergarten class this year to meet demand. In Pre-K, 237 families applied for 54 seats, a five-fold rise in requests from four years ago. Yet the DOE’s new plan locks P.S. 9 enrollment at 650 students for at least the next three years! It also reduces the capacity of P.S. 9’s 5th Grade, pushing students to transfer after 4^th Grade! The DOE’s proposal demands that P.S. 9 turn away out-of-zone families (see EIS, footnote 23) — contradicting the Chancellor’s “Children First” philosophy, which celebrates parental school choice and casts it as a key measure of a school's success. With these restrictions, the DOE chokes off the school’s ability to serve the community’s growing Pre-K through Grade 5 needs. This plan does not put families and children first.

2. The DOE’s plan will harm the learning environment at P.S. 9.

The DOE’s building-use plan severely restricts K-5 access to vital school facilities in order to accommodate the new middle school:

•The DOE has virtually eliminated P.S. 9’s access to the new Book Hive library that our school community worked so hard to create, allocating a measly 4.5 hours per week for P.S. 9’s 29 classes. (With a quarter as many students, the charter school gets two-thirds more time than P.S. 9.!)

•The DOE’s schedule cuts P.S. 9’s hours in the gym by 43% each week. This will force yet more K-5 gym classes to be held in the auditorium — having students run laps through the aisles is as dangerous as it is ridiculous.

•The DOE has eliminated time for cleaning the cafeteria between lunch shifts, and requires half of P.S. 9’s students to eat lunch at 10:30 a.m.

3. The DOE’s plan blocks P.S. 9’s efforts to expand vitally important programs. As a barrier-free school with new, accessible playground facilities, P.S. 9 serves students with special needs and provides a fertile environment for many groups of learners. P.S. 9 Principal D’Avilar wants to expand on those successes by increasing the number of pre-K classes, by creating a dual-language program, and by accepting more gifted-and-talented students from the district. P.S. 9 has the vision and capacity to offer a wide variety of vitally important programs and services to our neighborhood and surrounding communities – but only if the DOE’s plan is stopped.

(Note: These reasons have been revised from an earlier version of this post.)

On MONDAY JANUARY 24, 6:00 p.m., D.O.E. will hold a public hearing. P.S. 9 will need many, many parents (50-100) there to represent (wearing P.S. 9 t-shirts) and to speak. More planning information coming soon.

Will P.S. 9's building have only K-5 students?

And will it belong only to P.S. 9? Both possibilities came one step closer to reality this week. The Department of Education announced that it is closing our upstairs neighbor at 80 Underhill Ave, M.S. 571. Under the plan, the 170-student middle school will phase out operations over the next 3 years.

At Tuesday night’s P.T.O. meeting, Principal D’Avilar asked parents to share any ideas and wishes that they have for the space. P.S. 9's school leadership team, for example, is exploring whether it might launch a dual-language program that could move into the space. The principal promised to discuss the M.S. 571 situation with parents at a breakfast, still to be scheduled.

Any plans will need to be developed fast. D. O. E. expects that "replacement schools will begin growing in the building starting next September." Officials told Councilwoman Letitia James that it may move a charter school into the second-floor space. More detailed plans may be announced tomorrow morning, according to a report in Prospect Heights Patch. Other news coverage of the announcement is here, here, here, and here.

The closure decision still can be reversed. On Wednesday evening, Councilwoman James and State Assemblyman Hakeem Jeffries held a community meeting in the auditorium. These officials pledged to overturn the D.O.E.'s plan. Next month, the D.O.E. will hold a public hearing. D.O.E.'s Panel on Educational Policy will hold a final vote on the closure proposal in early February.

Before then, you may tell the D.O.E. your views by phoning 212-374-0208 or emailing D13Proposals@schools.nyc.gov.

-Kirby Pulver and Matt Fleischer-Black

Introducing P.S. 9's Library: The Book Hive

Come one, come all, and see P.S. 9's new library on the afternoon of November 17. Refreshments will be served. Then: look at the new books! Enjoy its sleek and fabulous design! See the results of much hard work by parents! Enjoy this landmark moment in the life of our school! And get ready to return. A Chinese saying: "To read a book for the first time is to make an acquaintance with a new friend; to read it for a second time is to meet an old one."*

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*Alas, we couldn't look in a book to verify the origin of this saying.