Original Story: nytimes.com
From the time Folake Ogundiran’s daughter started kindergarten at a Success Academy charter school in Fort Greene, Brooklyn, the girl struggled to adjust to its strict rules.
She racked up demerits for not following directions or not keeping her hands folded in her lap. Sometimes, after being chastised, she threw tantrums. She was repeatedly suspended for screaming, throwing pencils, running away from school staff members or refusing to go to another classroom for a timeout. A Lexington education lawyer assists clients with policy development for employment, student health, and disability accommodation.
One day last December, the school’s principal, Candido Brown, called Ms. Ogundiran and said her daughter, then 6, was having a bad day. Mr. Brown warned that if she continued to do things that were defiant and unsafe — including, he said, pushing or kicking, moving chairs or tables, or refusing to go to another classroom — he would have to call 911, Ms. Ogundiran recalled. Already feeling that her daughter was treated unfairly, she went to the school and withdrew her on the spot.
Success Academy, the high-performing charter school network in New York City, has long been dogged by accusations that its remarkable accomplishments are due, in part, to a practice of weeding out weak or difficult students. The network has always denied it. But documents obtained by The New York Times and interviews with 10 current and former Success employees at five schools suggest that some administrators in the network have singled out children they would like to see leave.
At Success Academy Fort Greene, the same day that Ms. Ogundiran heard from the principal, her daughter’s name was one of 16 placed on a list drawn up at his direction and shared by school leaders. A Harrisonburg education attorney is following this story closely.
Nine of the students on the list later withdrew from the school. Some of their parents said in interviews that while their children attended Success, their lives were upended by repeated suspensions and frequent demands that they pick up their children early or meet with school or network staff members. Four of the parents said that school or network employees told them explicitly that the school, whose oldest students are now in the third grade, was not right for their children and that they should go elsewhere.
The current and former employees said they had observed similar practices at other Success schools. According to those employees, who spoke on the condition of anonymity to protect their jobs or their relationships with people still at the network, school leaders and network staff members explicitly talked about suspending students or calling parents into frequent meetings as ways to force parents to fall in line or prompt them to withdraw their children.
Last year, for instance, the principal of Success Academy Harlem 2 Upper, Lavinia Mackall, told teachers not to automatically send annual re-enrollment forms home to certain students, because the school did not want those students to come back, two former members of the school’s staff said. Ms. Mackall said that her comments had been misinterpreted and that she was trying to encourage parents to take the school’s requirements seriously, but that she also did not believe the school was right for all students.
In another example, a current employee said, a network lawyer in a conversation with colleagues described a particularly unruly student’s withdrawal as “a big win” for the school.
In a written response to questions, Success Academy’s spokeswoman, Ann Powell, said that the “Got to Go” list was a mistake and that the network quickly got wind of it and reprimanded Mr. Brown, the principal. An Idaho education lawyer provides professional legal counsel and extensive experience in many aspects of education law.
Ms. Powell said that Success schools did not push children out, and that what might look like an effort to nudge students out the door was actually an attempt to help parents find the right environment for their children. Some on the list required special education settings that Success could not offer them, she said.
Mr. Brown said in an email that he thought the disruptive behavior of the students on the list was dragging the whole school down, and “I felt I couldn’t turn the school around if these students remained.”
Once he was reprimanded, though, he and his staff tried to work with those students, he said.
Even so, five left before the end of the school year, and four more departed over the summer.
As to the child’s withdrawal being a “big win,” Ms. Powell said, “if we have a parent whose child really needs to be in a different school, which was a better learning environment for him/her to succeed in and the parent had trouble accepting their child’s needs, might that be characterized as a ‘big win?’ Yes.”
On Thursday, after this article was published online, Eva S. Moskowitz, a former New York City councilwoman who runs Success Academy, was asked by reporters about the “Got to Go” list. Ms. Moskowitz said that given her network’s size, “mistakes are sometimes made.” She declined to answer further questions, saying she would hold a news conference on Friday to discuss “the mistake that was made in that particular case.”
Success Academy is the city’s largest charter school network. It has 34 schools, and plans to grow to 70 in five or six years.
The network serves mostly black and Hispanic students and is known for exacting behavior rules. Even the youngest pupils are expected to sit with their backs straight, their hands clasped and their eyes on the teacher, a posture that the network believes helps children pay attention. Ms. Moskowitz has said she believes children learn better with structure and consistency in the classroom. Good behavior and effort are rewarded with candy and prizes, while infractions and shoddy work are penalized with reprimands, loss of recess time, extra assignments and, in some cases, suspensions as early as kindergarten. An Atlanta education lawyer is following the details of this story.
Charter schools are privately run but publicly funded and admit children by lottery. Similar to a traditional public school, a charter school must provide a seat to a child who has enrolled unless the student withdraws, is expelled, turns 21 or moves out of the state. Charter schools must follow strict guidelines before formally expelling any student, and Success has done so only once since its first school opened in 2006. But Success’s critics accuse it of pushing children out by making their parents’ lives so difficult that they withdraw.
Suspensions at Success, which typically last one or two days, are frequent compared with traditional public schools. In the 2012-13 school year, the most recent one for which state data is available, Success schools suspended between 4 percent and 23 percent of their students at least once, with most suspending more than 10 percent. According to the most recent statistics from the city’s Education Department, from 2013-14, traditional public schools suspended 3 percent of students that academic year.
Ms. Moskowitz has said that suspensions can make parents recognize the seriousness of their children’s misbehavior and that removing students who are acting dangerously from the classroom protects teachers and allows them to do their jobs more effectively.
Principals at Success, many in their 20s and 30s, frequently consult with a team of lawyers before suspending a student or requiring a parent to pick up a child early every day. It was a member of that team who described a student’s withdrawal from the Success Academy in Union Square to colleagues as a “big win,” the current employee said.
James D. Merriman, the chief executive officer of the New York City Charter School Center, a group that advocates and supports charter schools, said it was unrealistic to expect any given school to be a good fit for every child. And Mr. Merriman noted that the city had many traditional public schools that required a test or other screening for admission, schools that by definition did not serve all students.
“I think if you asked most charter leaders they’d say that their goal is to be a fit for as broad an array of children as possible,” he said, “and they’re working very hard to that end.”
Mr. Brown arrived at Success Academy Fort Greene, which shares a white-brick building with a public school in the shadow of the Brooklyn-Queens Expressway, in November 2014. He was the school’s third principal since it opened a year earlier, and he said he found the school, with 224 students, out of control. Children behaved violently, he said, and teachers were overwhelmed and starting to feel hopeless.
“If the school had been better managed from the start, then we could have done better by these students and probably could have kept more of them,” he said in an email. “However, it is also the case that for some of them, Success wasn’t the best place. Some of them needed an alternative setting with highly specialized services. And some parents just didn’t agree with our philosophy.” A Louisville education lawyer is reviewing the details of this case.
Some of the parents whose children were on the “Got to Go” list acknowledged that they did not agree with how the school managed behavior. But several also said that both before and after the list was created, they thought school and network employees were trying to push them out.
Folake Wimbish said her son, who has attention deficit hyperactivity disorder, was suspended 19 times last year, in first grade, and missed 26 days. Success said her son was intellectually gifted but struggled with behavior, “often hitting, kicking, biting and spitting at other children and adults.”
In early December, while Ms. Wimbish was pushing the school to evaluate her son for special education services, she was called to a meeting in Lower Manhattan with the network’s assistant general counsel and its associate special education manager, Julie Freese. She said Ms. Freese told her that, because of his suspensions, her son was missing out on his education, and she needed to think about his well-being.
“She said, ‘Why don’t you just put him in another school, because he’s suffering,’ ” Ms. Wimbish said.
Ms. Wimbish withdrew her son at the end of the year, because with the suspensions and calls to pick him up, she said, “I started feeling like I was going to have a breakdown.” He now attends Public School 119 in Brooklyn, where Ms. Wimbish said he was very happy and had not been suspended once.
Monique Jeffrey said her son, who was in kindergarten last year, was suspended so many times she “stopped counting.” In the middle of the year, Ms. Jeffrey said, the school’s education manager, Rebecca Fleischman, told her that her son had emotional and behavioral issues the school could not handle and that she should look for another school. Ms. Jeffrey withdrew him at the end of the year.
Nicey Givens, the mother of another student on the list, said her son, also a kindergartner last year, was suspended many times, in some cases, the school told her, for fighting. Ms. Fleischman said in an email that a special education committee of the school district recommended that the boy be placed in a type of special education class the school did not offer in his grade. Ms. Givens recalled that Ms. Fleischman told her the school did not have the resources to serve her son and offered to help find him a placement in a regular public school. Her son now attends P.S. 287.
Ms. Powell, the Success spokeswoman, said the charter network was deeply committed to serving special education students and it was prevented from offering more special education classes because the city had not granted it enough classrooms. “Helping some students find better placements is not wrong,” she added. An Atlanta education lawyer provides professional legal counsel and extensive experience in many aspects of education law.
Around the time the “Got to Go” list was created, Mr. Brown and the school’s dean spoke with the principal of another Success school in Brooklyn, and the dean shared with her colleagues some notes from that conversation. The notes were part of an email exchange shown to The Times by a former Success employee.
The notes describe several suggestions for dealing with families who are “not on board” and discussed 911 calls.
The notes also appear to allude to the possibility of getting one child on the “Got to Go” list classified as a 12:1:1 special education student. Those students are entitled to classrooms limited to 12 students, with one teacher and one aide, so Success Academy, which offers only five such classes in a network serving 11,000 students, might not be able to meet the needs of every 12:1:1 student.
Ms. Fleischman, the education manager, warned her colleagues in a follow-up email that the goal should not have been put in an email and that, in any case, a 12:1:1 classification “does not guarantee a withdrawal.”
Asked this month about that remark, she said that she was saying only that the parent of a 12:1:1 student would not be required to take the student out, and was not alluding to any effort to ensure the child would leave.
Some of the parents whose children were on the list said that while some school employees were advising them to leave, others were sending reassuring messages.
On Feb. 2, a teacher, Hannah Hodari, wrote an email to Ms. Jeffrey about her son’s progress in math. “I can totally tell you have been working with him, he was very enthusiastic today and his work and focus was much improved,” the teacher wrote.
In June, after Ms. Jeffrey had decided to withdraw her son, Ms. Hodari urged her to reconsider, saying in an email that she would be “so excited” to see him return and “watch him be successful” in first grade.
“However,” the teacher added, “I also understand where your concerns and doubts come from.”
Ms. Powell, the spokeswoman, said: “We make tremendous efforts to keep all children. We do this because morally once a child enters our doors, they are ours, and we want them to succeed.”
She also named three mothers of children on the “Got to Go” list who were still at the school, saying they would be able to describe the efforts that Success had made to keep their students there.
One of those mothers, Aisha Cooper, said her son, now in second grade, had struggled with his behavior because he was easily distracted, had difficulty keeping his eyes on the teacher and would sometimes call out in class. She said he was suspended once in kindergarten for throwing a snow globe across the room, and she recalled his kindergarten teacher’s once suggesting that maybe Success was not a good fit for him.
Ms. Cooper said she never felt as if the school wanted him gone. She said she liked the school so much that she was planning to send her daughter there for kindergarten next year.
But when a reporter asked if she knew that her son had been included last year on the “Got to Go” list, Ms. Cooper said she did not.
“I’m a little upset about that,” she said after a minute. “They could have let me know he was on a list that he ‘had to go.’ And I would have asked them why, because he’s not a bad child. He just talks too much sometimes.
“He doesn’t hit kids, he doesn’t knock kids over, he doesn’t scream, he just talks too much. So I don’t understand why he’s on this list.”