why doe’s c4e plan violates the language and intent of the law

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Karen Sprowal, Class Size Matters Presentation for CEC 20 Oct. 2, 2014 WHY DOE’S C4E PLAN VIOLATES THE LANGUAGE AND INTENT OF THE LAW

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Why DOE’s C4E plan violates the language and intent of the law. Karen Sprowal , Class Size Matters Presentation for CEC 20 Oct. 2, 2014. CFE and C4E. - PowerPoint PPT Presentation

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Page 1: Why DOE’s C4E plan violates the language and intent of the law

Karen Sprowal, Class Size Matters

Presentation for CEC 20

Oct. 2, 2014

WHY DOE’S C4E PLAN VIOLATES THE LANGUAGE AND INTENT OF THE LAW

Page 2: Why DOE’s C4E plan violates the language and intent of the law

CFE and C4E • In 2003, the state’s highest court concluded in the Campaign for Fiscal Equity

(CFE) case that NYC kids were denied their fundamental constitutional right to an adequate education.

• Primarily because their class sizes were much larger than NY state averages.

• In 2007, a new state law was passed, the Contracts for Excellence (C4E) that would provide NYC with extra funds on the condition that the city also submit a plan to reduce class size in all grades.

• Yet every year since then, class sizes have increased, and now in the early grades are the largest in 15 years!

Page 3: Why DOE’s C4E plan violates the language and intent of the law

C4E law • In the city school district of the City of New York, include a plan that

meets the requirements of clause (c)(2)(i)(a) of this section, to reduce average class sizes within five years for the following grade ranges: • prekindergarten through grade three;• grades four through eight; and• grades nine through twelve.

• Such plan shall be aligned with the capital plan of the city school district of the City of New York and include continuous class size reduction for low performing and overcrowded schools beginning in the 2007-2008 school year and thereafter.

• http://www.p12.nysed.gov/part100/pages/10013.html

Page 4: Why DOE’s C4E plan violates the language and intent of the law

Reducing class size top priority of parents citywide and tied for #1 in D20

Smal

ler c

lass

size

Mor

e pr

epar

atio

n fo

r sta

te te

sts

Mor

e ha

nds-

on le

arni

ng

Strong

er e

nrich

men

t pro

gram

s

Mor

e ef

fecti

ve te

achi

ng

Strong

er a

rts p

rogr

ams

Mor

e ef

fecti

ve sc

hool

lead

ersh

ip

Mor

e rig

orou

s cur

ricul

um

Bette

r com

mun

icatio

n with

par

ents

Less

pre

para

tion

for s

tate

tests

0%

5%

10%

15%

20%

25% 23%

17%15%

12%

9%8%

5%4% 4%

2%

19% 19%17%

10%

16%

6%4% 5%

4%2%

Top parent responses for school improvement in District 20 compared to Citywide results

Citywide D20

Page 5: Why DOE’s C4E plan violates the language and intent of the law

DOE’s class size reduction plan • In Nov. 2007, the DOE submitted a plan to gradually

reduce average class size over five years at three different grade ranges.

• In K-3, class sizes would be reduced to no more than 20, in grades 4-8 no more than 23 and HS core classes would be no more than 25 on average

• Yet each year since 2008, class sizes have increased rather than decreased and are now largest in 15 years in early grades.

Page 6: Why DOE’s C4E plan violates the language and intent of the law

Class sizes in CSD 20 have increased in grades K-3 by 23.7% since 2006 above city averages, & are far above C4E goals

Data sources: DOE Class Size Reports 2006-2013, 2008 DOE Contracts for Excellence Approved Plan

15

17

19

21

23

25

27

2120.7 20.5

20.320.1 19.9 19.9

19.9

21.0 20.921.4

22.1

22.9

23.924.5

24.9

21.1 21.4

22.0

23.0

24.4

25.425.8

26.1

C4E goals

Citywide actual

D20

Stu

de

nts

pe

r s

ec

tio

n

Page 7: Why DOE’s C4E plan violates the language and intent of the law

CSD 20’s class sizes in grades 4-8 have increased by 4.1% since 2006 and are remain far above Contracts for Excellence goals

Data sources: DOE Class Size Reports 2006-2013, 2008 DOE Contracts for Excellence Approved Plan

22

23

24

25

26

27

28

29

25.6

24.8

24.6

23.8

23.322.9 22.9

22.9

25.6

25.125.3

25.8

26.326.6

26.726.8

26.7 26.9 26.8

27.527.8 27.9 28.0 27.8

C4E target

Citywide actual

D20

Stu

de

nts

pe

r s

ec

tio

n

Page 8: Why DOE’s C4E plan violates the language and intent of the law

Class sizes city-wide have increased in core HS classes as well, by 2.3% since 2007, though the DOE data is unreliable*

*DOE’s class size data is unreliable & their methodology for calculating HS averages have changed year to year

2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-1424

24.5

25

25.5

26

26.5

27

26

25.7

25.2

24.8

24.5 24.524.5

26.126.2

26.626.5

26.4 26.3

26.7

C4E TargetCitywide Ac-tual

Data sources: DOE Class Size Reports 2006-2013, 2008 DOE Contracts for Excellence Approved Plan

Page 9: Why DOE’s C4E plan violates the language and intent of the law

Examples of schools in CSD 20 with HUGE class sizes, K-3

28

30

32

3432 32 32

31 31 31 31 31 31 31 30 30 30 30

D20 3rd Grade

23

25

27

2827 27 27 27

2726 26 26

25 25 25 25 25 25 25 25

D20 Kindergarten

28

30

3232

31 31 3130 30 30 30 30 30

D20 1st Grade

28

30

32

3432 32 32 32 32 31 31 31 31

30

D20 2nd Grade

Page 10: Why DOE’s C4E plan violates the language and intent of the law

FY08 FY09 FY10 FY11 FY12 FY 13

79,10979,021

76,795

74,958

72,787

73,844

Instead of hiring new teachers, the number citywide has dropped by more than

5,000 since 2007-8 data source: Mayor's Management Report

Page 11: Why DOE’s C4E plan violates the language and intent of the law

Why? Because DOE has cut back school budgets by 14% since 2007

• In the state C4E law, says these state funds must “supplement not supplant” city spending.

• This means that the DOE cannot cut back its own funding to schools when the state increased its funding. But this is what happened, starting the first year of C4E.

• This year, in its C4E plan, for the first time DOE admits supplanting – but also claims that the State Education Dept. has allowed it to do so.

• “Expenditures made using C4E funds must ‘supplement, not supplant”’ funding provided by the school district; however, SED has provided guidance explaining that certain expenditures may be paid for with C4E funds even though these programs or expenditures were originally or have been typically paid for by the district or by other grants.”

Page 12: Why DOE’s C4E plan violates the language and intent of the law

Other ways city has encouraged class sizes to increase• In 2010, the DOE eliminated the early grade class size reduction

funding for K-3, despite promising the state to keep it as part of its C4E plan.

• In 2011, the DOE refused to comply with a UFT side agreement to cap class sizes at 28 in grades 1-3, leading to sharp increases in these grades to 30 or more.

• Co-locations have made overcrowding worse, and taken space that instead could have been used to reduce class size.

• When principals try to lower class size, particularly in middle or high schools, DOE often sends them more students.

Page 13: Why DOE’s C4E plan violates the language and intent of the law

More ways DOE has worked to increase class size in its C4E plan

• DOE refuses to allocate any funds specifically towards class size reduction in its targeted C4E allocations.

• DOE allows principals to use C4E funds to “Minimize growth of class size” which in not class size reduction.

• DOE has never aligned its capital plan or the school utilization formula to smaller classes, contrary to the C4E law.

Page 14: Why DOE’s C4E plan violates the language and intent of the law

School Utilization Rates at critical levels

• Schools have become more overcrowded over last six years.

• More than 480,000 students citywide attend school in extremely overcrowded buildings.

• D20 Elementary schools 118.9% on AVERAGE – middle schools 96.4%, both above citywide average.

• Brooklyn high school buildings have avg. utilization rate of 88.6%.

Page 15: Why DOE’s C4E plan violates the language and intent of the law

Average Utilization Rates in CSD 20 compared to City-Wide

CSD 20 ES buildings have one of the highest utilization rates in the city at 118.9%

*Calculated by dividing building enrollment by the target capacity

Source: 2012-2013 DOE Blue Book

Average Utilization Rates in District 28 compared to City-Wide 2012-2013

District 20 Elemen-tary Schools

Citywide Elementary Schools

District 20 Middle Schools

Citywide Middle Schools

Brooklyn High Schools

Citywide High Schools

0%

20%

40%

60%

80%

100%

120% 118.9%

97.4% 96.4%

80.9%

88.6%

95.2%

Page 16: Why DOE’s C4E plan violates the language and intent of the law

Over-utilized ES buildings in CSD 20 and HS buildings in Brooklyn• 23 ES buildings in CSD 20 are over-utilized, meaning

100% utilization or higher. The seat need for these buildings is 4,610.

• There are also 3 MS buildings that are over-utilized, with a seat need of 226 students.

• In Brooklyn, 21 high school buildings are at or over 100% building utilization. The seat need for these buildings is over 9,000.

Page 17: Why DOE’s C4E plan violates the language and intent of the law

23 D 20 ES Buildings above 100% utilization -4,610 more seats needed just to bring district-wide AVERAGE to 100%

*4,610 ES seats needed to reduce over-utilized buildings in D20 to 100% utilizationSource: 2012-2013 DOE Blue Book

P.S. 1

70 T

RANSPORTABLE

P.S. 1

12 T

RANSPORTABLE

P.S. 1

27

P.S. 1

76

P.S. 1

05

P.S. 1

70

P.S. 6

9

P.S. 1

85

P.S. 1

12

PS 160

ANNEX

P.S. 3

14

P.S. 1

80

P.S. 2

00

P.S. 2

04

P.S. 1

02

P.S. 2

47

P.S. 1

86

P.S. 4

8

P.S./

I.S. 1

63

P.S. 1

04

P.S. 2

29

P.S. 1

04/P

.S. 1

85 A

NNEX

PS 310

THE S

CHOOL FOR F

UTURE LEADERS

0%

50%

100%

150%

200%

250%

204% 200%

169% 166%157%

149% 143% 142% 141% 137% 131% 129% 128% 127% 123% 118% 117% 113% 113% 109% 107% 106% 102%

Page 18: Why DOE’s C4E plan violates the language and intent of the law

3 CSD 20 MS Buildings above 100% utilization

I.S. 30 I.S. 201 I.S. 18795%

100%

105%

110%

115%

120%

116%

112%

102%

*226 MS seats needed to reduce over-utilized buildings in D20 to 100% utilization

Page 19: Why DOE’s C4E plan violates the language and intent of the law

21 Brooklyn HS buildings above 100% Utilization -

*9,207 seats needed in Brooklyn to reduce building utilization to 100%

BKLYN C

OLL A

CAD (AT B

KLYN C

OLL)

ALL C

ITY L

EADERSHIP S

CHOOL

MID

DLE C

OLLEGE H

S

FORT HAM

ILTON H

S

MID

WOOD H

S

EAST NY F

AMIL

Y ACADEM

Y

NEW U

TRECHT HS

JAM

ES MADIS

ON HS

BROOKLYN T

ECH HS

BEDFORD ACADEM

Y

ABRAHAM L

INCOLN

HS

EDWARD R

. MURROW

HS

FRANKLIN D

. ROOSEVELT

HS

LEON G

OLDSTEIN

HS

ADAMS S

TREET EDUCATIO

NAL CAM

PUS

BROOKLYN S

TUDIO (

TANDEM K

128)

TELECOM

. ARTS &

TECH.

SUNSET PARK H

S

ACORN COM

MUNIT

Y HS

CLARA B

ARTON HS

E NY V

OC HS O

F TRANSIT

TECH.

0%

50%

100%

150%

200%

250%

202%

172%164%163%159%157%

149%138%

124%124%123%122%118%115%109%109%106%103%103%100%100%

Source: 2012-2013 DOE Blue Book

Page 20: Why DOE’s C4E plan violates the language and intent of the law

3 Schools with TCUs in CSD 20 and 1 Brooklyn High School with TCUs

• There are three schools with TCUs in CSD 20. These are PS 112 (1 TCU, 50 students), PS 170 (2 TCUs, 100 students), and PS 179 (3 TCUs, 70 students).

• The total enrollment in trailers in CSD 20 is at least 220 students.

• One Brooklyn high school, East New York Family Academy, has six TCUs with 12 classrooms and unknown enrollment.

Page 21: Why DOE’s C4E plan violates the language and intent of the law

Only 4,000 New D 20 Seats in Capital Plan Enrollment Projections show 10,000-14,000 new students over next 10 years–

not counting 4600 seats needed to bring current district average to 100%

ES and

MS N

ew S

eats

from

Cap

ital P

lan F

Y 201

5-20

19

Enroll

men

t Pro

jectio

ns, S

tatis

tical

Forec

astin

g 20

11-2

021

Enroll

men

t Pro

jectio

ns, G

rier P

artn

ersh

ip 20

11-2

021

Housin

g Sta

rts, E

stim

ated

Gro

wth 2

012-

2021

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

4,045

10,381

14,504

280

Enrollment projections estimate 10,661 to 14,784 new K-8 students in D20 by 2021 but only 4,045 seats seats are added in the capital plan.

Page 22: Why DOE’s C4E plan violates the language and intent of the law

City-wide Enrollment Projections HS vs. New Seats in Capital Plan

Statis

tical

For

ecas

ting

2011

-202

1

Grier P

artn

ersh

ip 2

011-

2021

Housin

g Sta

rts, E

stim

ated

Gro

wth 2

012-

2021

Capita

l Pla

n, N

ew S

eats

2015

-201

90

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

20,000 19,46118,387

13,483

3,102

*Statistical Forecasting does not include D75 students; HS Seats in Capital Plan are categorized as IS/HS and does not include seats for class size reduction

Source for Housing Starts: NYSCA Projected New Housing Starts 2012-2021, http://www.nycsca.org/Community/CapitalPlanManagementReportsData/Housing/2012-21HousingWebChart.pdf; Projected public school ratio, https://data.cityofnewyork.us/Education/Projected-Public-School-Ratio/n7ta-pz8k

Page 23: Why DOE’s C4E plan violates the language and intent of the law

Bill de Blasio promised to reduce class size while running for Mayor

• During his campaign, Bill de Blasio promised if elected to abide by the city’s original class size plan. approved by the state in 2007.

• The Mayor needs to deliver on his promise and provide what NYC parents want and their children need.

• He also needs to expand the capital plan to alleviate existing overcrowding, end ALL co-locations, and build more schools!

Page 24: Why DOE’s C4E plan violates the language and intent of the law

Will you help us?• Sign up for the Class Size Matters newsletter.

• Meet with your City Councilmembers; urge them to expand the capital plan and end all future co-locations.

• Be pro-active about fighting for your children to receive their constitutional right to a sound basic education, by lowering class size.

• Any questions, please email us at [email protected]

Page 25: Why DOE’s C4E plan violates the language and intent of the law

Comparison of class sizes in Blue book compared to current averages & Contract for excellence goals

Grade levelsUFT Contract

class size limits

Target class sizes in "blue

book"

Current average class

sizes

C4E class Size goals

How many students allowed in 500 Sq ft

classroom according to NYC building code

Kindergarten 25 20 23 19.9 14

1st-3rd 32 20 25.5 19.9 254th-5th 32 28 26 22.9 25

6th-8th 30 (Title I)

33 (non-Title I)28 27.4 22.9 25

HS (core classes)

34 30 26.7* 24.5 25

*DOE reported HS class sizes unreliable