Many ghosts from Tweed and NYC’s education past have re-appeared in the news the past few
weeks, some of them popping up in unusual places.
Former NYC Chancellor Dennis Walcott, who succeeded Joel Klein and Cathy Black, was recently appointed the state monitor of E. Ramapo school board. This board is controlled by Orthodox Jews who do not send their kids to the public schools and have been accused of raiding public funds to support their religious schools.
Our former Deputy Superintendent, Chris Cerf, who left the Department of Education in 2010 to become State Education Commissioner of NJ, followed by a brief detour at Joel Klein’s Amplify, was appointed the Superintendent of Newark public schools, replacing another former DOE educrat, Cami Anderson.
While Walcott has little power and Cerf has quite a lot, they both will presumably take orders from the autocrats who appointed them – in the case of Walcott, Regents Chancellor Merryl Tisch, and in the case of Cerf, Gov. Christie.
Walcott has to decide whether to recommend that members of E. Ramapo’s elected school board be removed for diverting public funds to private schools. Cerf has to decide whether to give power back to Newark’s elected school board, which has been impotent for twenty years (!!) while watching state appointees run their schools and divert resources to charter schools.
After a public meeting where Walcott was introduced to angry E. Ramapo public school parents, whose pleas to rescue their schools have been mostly ignored by the state, he noted that he is suited to the job, as “I have a lot of experience being yelled at.” This is surely true given the three years he spent at the helm of NYC public schools, where charter co-locations, funding cuts and a whole lot of unpopular policies were foisted on our schools.
Cami Anderson stopped attending Newark school board meetings in January 2014, because she didn’t like all the angry words hurtled at her from parents furious about her “One Newark” plan that expanded charters, closed public schools, and eliminated any right for Newark kids to attend schools in their neighborhood.
Chris Cerf, on the other hand, who was forced to sit through lots of loud and angry meetings of the Panel for Educational Policy, has promised to attend all Newark school board meetings in the future. Here’s a video of Cerf’s presentation at the first Newark board meeting, where he claims to want to return the district to local control, but then gets angry yells when he says he will keep the One Newark plan despite widespread opposition, since his data purportedly shows that only 25% of Kindergarten parents selected their closest neighborhood school.
And then there’s Joel Klein himself, the guy who appointed both Cerf and Anderson to high positions when he was Chancellor, who led the charge to privatize NYC public schools and endured lots of crazy-loud PEP meetings while gazing at his Blackberry.
Klein left DOE in 2010 to run Amplify, the Digital education division of News Corp. Two weeks ago, it was announced that News Corp intends to sell Amplify, which has lost so much money– up to $371 million in the last year alone – with no profit in sight.
Let’s recap some highlights (and low lights) of its history up to this point:
Nov. 9, 2010: Joel Klein announces he is resigning as Chancellor to join Rupert Murdoch’s News Corp and head up a new digital learning division. His salary is reported as more than $4.5 million per year. It’s unclear if his departure is voluntary or he has been pushed, though credible sources report the latter. Some people around the country who mistakenly believed that Klein is progressive are surprised that he was going to work for the right-wing Murdoch. Those of us who lived through eight years of his militant privatization regime are not surprised at all. Cerf leaves the DOE shortly thereafter, during Cathy Black’s brief reign as Chancellor.
Nov. 22, 2010: Murdoch buys Wireless Generation for $360 million in cash, which will form the center of his new division. It doesn’t go unnoticed that Wireless Gen, an ed tech company, already has several large contracts with DOE, including building and maintaining the $80 million student information system called ARIS. Wireless also is said to be a “partner” of School of One, the over-hyped online learning program that is being implemented in several NYC schools. Murdoch explains: “When it comes to K through 12 education, we see a $500 billion sector in the U.S. alone that is waiting desperately to be transformed by big breakthroughs that extend the reach of great teaching.”
June 8, 2011: Daily News breaks the story of a proposed $27M no-bid contract between Wireless Gen and the NYS Education Department to build their state student information system. Protests follow, in part because of conflicts of interest but mostly because of privacy concerns, especially as the News Corp phone hacking scandal has erupted just a few weeks before. We post a petition to the State Comptroller Di Napoli, urging him to cancel the contract. Later, NYSUT, the state's teacher union, expresses its opposition as well.
August 25, 2011: State Comptroller Di Napoli announces he will cancel the state’s Wireless Generation no-bid contract due to privacy concerns.
December 2011: The NY Board of Regents approves NYSED’s plan to share personal student and teacher data with the Shared Learning Collaborative LLC, with $44 million slated to be paid to Wireless Generation, the major subcontractor on this $100 million project of the Gates Foundation. NYSUT says it will not oppose the agreement because Randi Weingarten, the president of the AFT, its parent union, is an adviser. Nevertheless, we begin to raise the alarm about this project, which claims there are nine states participating, because the Gates Foundation refuses to guarantee the privacy or the security of highly sensitive student data.
March 20, 2012:
A report is released
from a Council of Foreign Relations task force chaired by Joel Klein and Condoleezza Rice. The report says that the low quality of education represents a national security crisis, and recommends the “solutions” of expanding the Common Core State Standards to include subjects beyond math and ELA; instituting more charter schools and vouchers; and requiring an annual “national security readiness audit” that would examine how schools are addressing the country’s needs through increased foreign language, technology and more.
July 23, 2012: Klein announces a partnership with ATT to create learning devices in the form of tablets, and that the company will be renamed Amplify.
October 14, 2012: Class Size Matters, along with attorney Norman Siegel, holds our first press conference about the state’s plan to share data with the Shared Learning Collaborative, releasing a letter to NYSED demanding that it release its contract with the SLC, , hold public hearings, and require parental consent before disclosing any student’s personally identifiable information going forward. This begins a year and a half of our campaign to stop this data-sharing project in its tracks.
December 5, 2012: Klein gives a presentation at the annual UBS Global Media conference. He calls the United States K-12 system a $673 billion market “ripe for disruption," and that Amplify will capture a major share through its educational software, assessments, tablets and the Common Core standards. He says that this is “a national security issue” and that if education doesn’t adopt technology, “the country won’t go forward.” His power point has the following phrase: “Amplify is a balanced investment opportunity in the disruptive innovation in education.”
Klein adds that due to costs of developing its products,
Amplify has spent about $180 million, which he calls a “disciplined investment” and is expected to generate about $100 million in revenue that year—because technology is “saving money,” and that “school systems want this.” He praises the Race to the Top program which offers grants to implement the solutions offered by his company, and shows the slide above.
(The power point is no longer on the News Corp website, but is archived on the Wayback Machine.)
Feb. 11, 2013: Chris Cerf, once Deputy Chancellor to Klein, unexpectedly resigns as New Jersey’s Education Commissioner, and joins his old buddy at Amplify. Cerf is appointed chief executive of Amplify Insight, which is described as marketing “digital products to diagnose students’ weaknesses in reading and math and prescribe interventions tailored to each child.” Cerf is one of many high-profile and high-priced hires made by Klein, along with Peter Gorman, former Superintendent of Charlotte-Mecklenburg schools, and Justin Hamilton, former press secretary to Arne Duncan. Shortly thereafter it is revealed that Cami Anderson, who Cerf appointed to head Newark schools, has awarded three contracts worth $2.3 million to Amplify.
March 5, 2013 – Amplify unveils their new tablet to great fanfare at SXSW conference in Austin, Texas. Stephen Smyth, president of Amplify’s Access division, says “This is more than just a tablet. It's a complete learning solution organized around the school day. “Much hype follows; among those who express skepticism are Diane Ravitch and I, as in this interview on NPR. At the same event, inBloom formally debuts – the corporate spin off of the Gates Foundation project formerly called the Shared Learning Collaborative. The initial day of the conference, Stephanie Simon writes about inBloom in Reuters, and for the first time, the mainstream media reveals all the troubling details I had been concerned about in terms of its huge risk to student privacy. Simon also points out in a separate Reuters article that Amplify projects an operating loss of about $80 million for the fiscal year.
March 14, 2013: Amplify obtains a contract for $12.5 million through the Smarter Balanced Assessment Consortium, funded by the federal government to create Common Core exams. Amplify will “develop a digital library of formative assessment professional learning tools for educators.” Their first SBAC contract was in 2012, when Wireless Generation, in partnership with ETS, was hired to develop software to report and analyze assessment results.
May 28, 2013 - Amplify announces its biggest deal so far – what is billed as the sale of 21,215 tablets to Guilford County Schools in North Carolina, to be used in 24 Middle schools. Guilford is spending more than $16 million in Race to the Top funds to purchase these tablets, which Joel Klein calls “one of the largest 1-to-1 deployments, if not the single largest, to date in K-12 education….At Amplify, we’re working to transform the way teachers teach and students learn. We aren’t recycling consumer goods for the classroom. We are a company that is 100-percent focused on education.” This announcement is followed by many credulous stories in the media.
Sept 15, 2013: The NY Times Magazine runs a long feature on the Amplify tablet. In the article, Joel Klein bewails the amount of money spent on public education: “Any system that poured in as much money as we did and made as little progress has a real problem. We keep trying to fix it by doing the same thing, only a little different and better. This is about a lot different and better.” Enthusiasm for the potential of technology to transform education is expressed by Secretary Arne Duncan, Greg Anrig of the Century Foundation, and Jonathan Supovitz of the University of Pennsylvania.
October 4, 2013, Guilford reports that more than 13 percent of the tablets received from Amplify have been lost, stolen or damaged. Ten percent of the devices delivered just a few weeks before have developed cracked screens and some battery chargers have dangerously overheated. The district suspends the use of the devices. Guilford gets a new shipment of tablets the following July, but the entire episode has cost Amplify millions in lost revenue and prestige.
March 31, 2014: NY Legislature passes a law against sharing data with inBloom. We are the last state to pull out of this controversial project after parent protests, and in April, inBloom announces it is closing its doors, which likely represents yet another financial loss to Amplify, which was under contract to build and maintain its operating system.
November 4, 2014: Joel Klein’s book is released to mixed reviews, called Lessons of Hope: How to Fix Our Schools. He goes on a book tour and gives interviews about his view of how to improve the public school system, which includes a heaping dose of technology.
November 16, 2014: In an exclusive, the Daily News reveals that the NYC is dumping ARIS, the little-used $96 million student information system built by Wireless/Amplify, along with its $10-$12 million annual maintenance contract, to create its own in-house data system.
January 2015: According to a subsequent article in EdSurge, Joel Klein sends an internal memo to his staff: “It’s time to move past thinking about divisions and instead focus on our collective strengths.That’s why I’ve decided to begin the process of fully integrating Amplify.” Instead of three, semi-autonomous divisions with 12 “C-level” executives and three presidents, the company is re-organized. Many high-level staffers begin to depart, including the head of Amplify’s tablet unit, Stephen Smyth.
April 7, 2015 – A devastating investigative report appears in Bloomberg Business by Laura Colby, who has replaced Stephanie Simon as one of the best investigative reporters covering education. (Sadly, Simon left education reporting at the end of March.) Colby reveals the multiple failures of Amplify, and exposes Joel Klein’s mismanagement of the company:
“Murdoch’s News Corp. will have invested more than $1 billion in Amplify, its division that makes the tablets, sells an online curriculum and offers testing services. Amplify, which never set a timetable for turning a profit, has yet to do so. It reported a $193 million loss last year… The education effort has been riddled with technology failures, fragile equipment, a disconnect between tablet marketers and content developers, and an underestimation of how difficult it would be to win market share from entrenched rivals”.
Amazingly, Amplify’s computer games are compatible only with iPads, not with its own tablets, and the devices have been marketed without any attempt to combine them with the company’s curricular modules. Joel Klein responds with a letter, claiming that the article has exaggerated its failures, and that “Amplify is sticking by its customers, turning setbacks into wins, and delivering groundbreaking curriculum to students whose lives are better for it.”
June 22, 2015: It is announced that Chris Cerf will leave Amplify to become head of Newark Public Schools.
August 12, 2015: News Corp announces its intention to sell Amplify as soon as buyers can be found. Joel Klein writes his staff: “Amplify and News Corp both believe it is time to explore new and exciting strategic opportunities, working with partners who share a deep understanding of what it takes to be successful in education. We are in active conversations with an outside investor regarding the potential sale of Amplify. We expect that this lead investor would be backed by Amplify’s management team, some of whom also plan to participate in the investment. “
August 16, 2015: Among the many negative reviews of Amplify on Glass Door’s website, there are these two: “Absolutely zero leadership. I have been in the industry for a very long time and have never witnessed such a complete void of any sort of leadership. It's not even fair to say "poor" leadership because there is literally no sign of it. Anywhere. Whatsoever. Joel pops his head in once or twice a year.”
Another: “Assessment division may survive. Free Pita chips every once in a while. Nice office while it lasted. Many talented people. Hope they are able to find better jobs soon…Sad that a lot of people will lose their jobs over the next 6 mos. If deal goes through, one division may survive. If not, likely company will declare bankruptcy.”
On Sunday, Sue Edelman wrote in the NY Post about how the DOE has made misleading claims in court in their attempt to keep School Leadership Team meetings closed to the public. School Leadership Teams, made up of half parents and half school staff, have an important role to play in school planning and budgeting, and thus it is important to keep their deliberations as transparent and accountable as possible.
To briefly recap: Last January, the Public Advocate Letitia James and Class Size Matters intervened in a lawsuit against the DOE, originally filed by a retired NYC teacher named Michael Thomas, who had been barred from an SLT meeting. Speaking for CSM, we decided to intervene in the interests of accountability and transparency, but also as the DOE’s argument based its argument on yet another false claim: that SLT’s were only advisory, though state law and Chancellor’s regs clearly state that they have ultimate authority over each school’s Comprehensive Education Plan, which is also supposed to inform the school’s budget.
In March, Judge Moulton ruled in our favor, partly on this basis and his decision pointed out that even if they were solely advisory, SLT’s have a specific governance role established in state law and thus are a public body subject to open meetings law. The state law also specifically says that SLTs must announce meetings in advance “as in open meetings law,” so the state’s intent on this is obvious. Yet the DOE announced they would appeal this decision, and in the meantime, told principals to close these meetings to anyone outside the “school community”, which presumably means anyone who was not a parent or employee of the school.
On August 6, the city filed a cross motion, arguing that that it would take an “enormous effort”, and a “Herculean” task to open these meetings to the public in the interim, at a “substantial cost.” Opening these meetings would be “a daunting and impracticable task” that would jeopardize privacy and the safety of children, and represent “a sea change.” It would “alter a status quo that has existed for more than two decades”, as “SLT meetings have never before been open to members of the press and the general public.”
Yet none of these claims are true. As our reply brief pointed out, from their inception, the DOE encouraged schools to keep these meetings open. The “Green Book”, or the SLT manual first put out by Chancellor Crew in 1998 and then again by Chancellor Klein in 2002, clearly states, “Each school leadership team should determine whether team meetings will be open to the public…teams are strongly encouraged to invite open attendance…”
Then, during Dennis Walcott’s Chancellorship, who led the DOE between April 2011 and December 2013, the DOE correctly pointed out that these meetings MUST be open to the public – including in a DOE power point that is still online.
In addition, in an article printed in the Riverdale Review on January 3, 2013, the reporter Tess Mcrae told how she contacted the DOE after she had been kicked out of an SLT meeting at PS 24 by principal Donna Connelly. After the reporter contacted the DOE spokesperson, David Pena, he first said he was “under the impression” that they are closed meetings, but after checking, Pena got back to the reporter, saying on the record that “Generally, these meetings are open to the public except if an executive session is being held.”
For some reason, in the spring of 2013, officials reversed the practice and policy of nearly twenty years, by ordering principals to close SLT meetings, which sadly the Chancellor has continued to maintain in and out of court – despite the decision of the State Supreme Court.
Our papers make short shrift of the DOE’s other false claims – that opening these meetings would be enormously costly, and put children in danger. You can check them out here.
See also the article in yesterday’s NY Times that mentions our lawsuit as one of several involving important issues in which Public Advocate James has challenged the city. We are hoping for a favorable order from the Appellate Court in four to six weeks.
The Panel on Educational Policy will be voting tomorrow night, Wednesday August 26 at MS 131 at
100 Hester Street in Manhattan, on an amended Chancellor’s regulation that would make it far more difficult to implement voluntary initiatives to create more diversity in our public schools.
For more on the important issue of segregated NYC public schools, see the Daily News op-ed by Councilmembers Lander and Menchaca; and for a national perspective, a recent series in the radio show This American Life. The PEP hearings start at 6 PM; to speak on this issue you must sign up between 5:30-6:30 PM.
You can also send your comments in by email to RegulationAemail@example.com by 6 PM tonight, August 25; and/or send them to the email addresses of the PEP members listed below.
The attached letter was sent to the PEP members on Friday in advance of the panel meeting scheduled for this Wednesday, August 26, where they will vote on a proposed amendment of Chancellor’s Regulations A-101.
We wrote the attached letter because we are troubled by a footnote to CR A-101, which is in both the existing regulation and proposed amendment. The problematic phrase in the footnote reads ““Race may be considered as a factor in school enrollment only where required by court order…”
As we explain in the testimony below, that many local advocates, parents and staff as well as prominent social justice attorneys signed, this statement is a misreading of existing federal law on desegregation and may very well hamper efforts to advance diversity in New York City public schools.
Please take a minute to read our letter and if you are available on Wednesday, please feel free to attend the PEP to comment on the state of school inequity and segregation in NYC, and what we can and must do about it. – Lisa Donlan
Please find attached testimony regarding the proposed changes to CR A-101 in advance of the scheduled PEP meeting where this matter will be discussed and voted upon.
Please feel free to contact us should you have any questions or require further information.
Lisa Donlan, Former President, CEC 1
Co-Chair CEC 1 Admissions Equity Committee
166 Essex Street
New York NY 10002
Rene A. Kathawala, Pro Bono Counsel
Orrick, Herrington & Sutcliffe LLP
51 W. 52nd Street
New York, NY 10019-6142
Wendy Lecker, Senior Attorney
Education Law Center
60 Park Place
Newark, NJ 07102
In a piece in yesterday’s Gotham Gazette
, I tried to put the recent credit recovery scandals in context and proposed an alternative vision for NYC struggling schools. Please take a look and let me know what you think!
In that article, I noted that despite many months of pleading by teachers, and numerous exposes featured in the newspapers and on TV, DOE’s internal investigative unit, called the Office of Special Investigations (OSI), dragged its feet before confirming that Dewey HS principal had engaged in an illegitimate credit recovery scheme to boost graduation rates.
In the meantime, the Chancellor and the Mayor both minimized the news stories that had offered voluminous evidence pointing to her corruption. In March, de Blasio said, referring to the internal DOE investigative arm:
“I don’t assume because some teachers talked to you that that’s the whole truth. I believe very, very strongly in the quality of our investigations unit. I have absolute faith in the integrity of that unit.”
As I pointed out, the OSI is absolutely notorious among teachers for their bullying tactics, biased treatment and shabby reports, in which they generally support the principal’s position or whoever happens to be in favor among the top brass at Tweed.
Well, yesterday, Special Investigator Richard Condon blasted DOE and OSI, about their shocking treatment of Debra Fisher, an occupational therapist who was suspended from her school for helping one of her disabled students raise money to write a book.
Condon's report pointed out how the OSI had made all sorts of false and unsupported accusations concerning Fisher’s supposed conflicts of interest.
Below is an excerpt from Condon's press release
; here is his report
“Today, Special Commissioner of Investigation Richard J. Condon released a report detailing an investigation which found that Wei Liu, a Confidential Investigator assigned to the Department of Education (DOE) Office of Special Investigations (OSI), made inaccurate statements and drew inaccurate conclusions in an OSI report substantiating misconduct on the part of Occupational Therapist Debra Fisher, assigned to PS 333 in Manhattan. The statements and conclusions were at least partially responsible for Liu’s substantiated findings in the OSI case, which resulted in the DOE taking disciplinary action against Fisher. The SCI investigation also substantiated, more generally, that OSI investigators and their investigations do not receive adequate supervision. [emphasis added]“
Fisher’s despicable treatment by the DOE had been highlighted in several columns by Jim Dwyer in the NY Times as well as an article in the Daily News
, and she is now suing DOE for back pay and to have the disciplinary letter removed from her file. Last fall, Dwyer described Fisher’s plight this way:
This is a story of an almost unfathomably mindless school bureaucracy at work: the crushing of an occupational therapist who had helped a young boy build a record of blazing success… A person working to excel is being hammered by an investigative agency that began its hunt in search of cheating on tests and record-keeping irregularities. It found nothing of the sort. Instead, the investigation produced a misleading report, filled with holes, on the fund-raising effort.
Ms. Fisher relentlessly nudges people — including complete strangers — to help her physically challenged students in and out of school, finding housing, arranging swimming lessons, bringing in coders from Tumblr to speak with classes, creating an after-school arts program…. In reality, the fund-raising effort was supported by the entire school, starting with the principal, who wrote emails to the staff about the project. When the Kickstarter appeal met its goal, the success was celebrated at a town-hall meeting in the school auditorium.
Condon’s report also makes clear that it’s not just a matter of lax oversight by the attorneys in the General Counsel’s office, who are supposed to supervise these reports. There was also poor judgement shown by DOE attorneys, including Senior Field Counsel Matthew Fleming, who recommended that Fisher be fired. The principal of PS 333 suggested she be suspended instead. When Fisher grieved her suspension to the Chancellor, Farina instead sustained it on the basis of the flimsy (and ultimately false) allegations made by the OSI.
Yet unbelievably, the DOE has still not agreed to apologize to Fisher, or to remove the disciplinary letter from her file.
For at least a a decade, hundreds of less heralded individuals have complained about their unfair treatment by DOE investigators assigned to the OSI. It shouldn’t take news stories repeated over the course of many months, in the NY Times and the Daily News, as happened in Fisher’s case, or in the NY Post, Daily News and WCBS-TV, as in the Dewey credit recovery scandal, for obvious wrongs to students and teachers to be righted by DOE.
Worse yet, the Chancellor has kept the same incompetent legal staff running the General Counsel’s office, as well as the same officials running the Division of Contracts, which during the Bloomberg administration allowed literally hundreds of millions of dollars to be wasted or stolen from DOE.
During most of this time, Ross was already head of that office. Luckily, City Hall rejected the new contract, after lots of bad press, but also after the Chancellor and the Panel on Educational Policy had already approved it, in a vote of 9 to 1. Ross remains head of DOE’s Contracts and Purchasing division after more than ten years, in charge of over $4 billion of contracts each year, according to his LinkedIn profile.
In refusing to clean house, the Mayor and the Chancellor have played into the hands of their enemies and allowed the reputation of the entire DOE to be sullied.
|credit: NY Times|
The state test scores were released yesterday and they were nothing to brag about.
As before, the vast majority of students
scored at Level 1 or 2, and there was only a very small uptick in those scoring Level 3 or 4 (supposedly proficient.)
The big story was the number of opt outs, which statewide reached 20%, meaning
there were about 225,000 students who refused to take the tests.
In NYC, the percent of opt outs were far fewer – between 1.4-1.8%, but even there the number tripled
compared to the year before.
There are real questions as to whether the results have any validity, given the large number of opt outs and the flawed nature of these exams. If those students who opted out were included, there might have been no improvement at all in the overall proficiency rate, as the state admitted that the opt-outs were more likely to have scored Level 1 or 2 in 2014. In any case, the percent of Level 1 students in ELA increased and stayed the same in math, giving little support to the claim that our high-stakes testing regime is helping our neediest students succeed.
Also, on August 4, we met with the new State Education Commissioner MaryEllen Elia, along with other members of the steering committee of NYS Allies for Education
Though most of the discussion revolved around the defective state exams and Common Core standards and their damaging impact on our schools, I briefed her on three areas in which the state has failed to comply with the law:
Ensuring that charter schools enroll and retain equal numbers of high-needs students, as required by the 2010 amendments to the charter law;
that student data is protected, according to the 2014 student privacy law; and that NYC is lowering class size according to the 2007 Contracts for Excellence law.
The Commissioner seemed interested and took notes; only time will tell if she improves the poor record of our previous Commissioner in fulfilling the state’s legal obligations to our children.
Speaking of class size, please sign our petition
, also posted to the right, urging the NYC Chancellor to comply with the C4E law and reduce class size. The legal deadline for submitting our comments is Saturday, August 15, which is the day after tomorrow
– so this is your last chance!
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