Public Hearing Summary

Charter School:
Citizens of the World Charter School New York 1
Hearing Date:
December 5, 2012
Hearing Location:
Building 126, 424 Leonard St., Brooklyn, NY 11222 (CSD 14)
Start Time:
6:05 p.m.
End Time:
8:20 p.m.

Background:  
The New York City Department of Education (“NYCDOE”) proposes to site Citizens of the World Charter School New York 1 (“Citizens”), a new public charter school that will serve students in grades K-5 in building K126 (“K126”), located at 424 Leonard Street, Brooklyn, NY 11222, in Community School District (“CSD”) 14, beginning in the 2013-2014 school year. If approved, Citizens would be co-located with John Ericsson Middle School (“Ericsson MS”), an existing NYCDOE middle school that serves grades 6-8, and Believe Northside Charter High School (“Believe Northside”), an existing NYCDOE authorized charter school that serves grades 9-12. K126 also houses Beacon, an after-school program run by the YMCA.
The NYCDOE has identified K126 as an underutilized building. K126 has the capacity to serve a total of 1,366 students, but in the 2012-13 school year, serves only 668 students, yielding a projected utilization rate of approximately 49%. If the co-location proposal is approved, in 2017-2018, once Citizens’ K-5 grades have fully phased in and the school has reached full scale, Citizens is projected to serve 342-432 students, Ericsson MS is projected to serve 255-285 students, and Believe Northside is projected to serve 360-420 students, for a total of 957-1,137 students, yielding a projected utilization rate of 70%-83%.
Hearing Notes:
NYCDOE representative Meg Barboza moderated the hearing. CSD 14 Superintendent Alicja Winnicki read a summary of the co-location proposal. Representatives from Community Education Council (“CEC”) 14 were present and participated in the hearing.
* New York State Assemblyman Joseph Lentol stated that nobody was in favor of Citizens. He added that there are a lot of communities that need educational change, and many that need the help of charter schools that are not getting help. He said charter schools are going to where there are already great students, and they are pilfering those great students from the other public schools. He said it would be an injustice to have Citizens co-located in K126 as it houses a great charter high school, and while the middle school was failing over the years, it is now turning around. He said Ericsson MS wants to expand, but instead the NYCDOE is going to put another charter school in the building and kids will have to leave the area for middle school. He stated that they already have great elementary schools in CSD 14, and after all their hard work, they are being pushed out by outsiders that know nothing about neighborhood. He said the Citizens’ founders know that the community has great students, which they see as a business opportunity. He said they have no concern for the best interests of kids, their only concern is themselves. He said Citizens is not a small threat, they will prey on the newcomers to neighborhood, and they will have a very well funded campaign among white parents that don’t know how CSD 14 schools excel. He said public schools don’t have an advertising budget; all they have is their reputation. He said public schools are not a business, and they are not serving “customers.” He said public schools are run by people from the community who have worked hard. He said they do not need another charter school to siphon off students and leave the public schools under enrolled. He stated that he respectfully opposes the proposed co-location.

* NYC Councilwoman Diana Reyna stated that she attended the hearing to listen to the pleas of CSD 14 parents. She said they are all united for quality public education in CSD 14 schools, and that she was hopeful that SUNY was listening to the community as well. She said the community is clearly united in opposing Citizens, whose message has been to divide the community. She said CSD 14 does not need or want another elementary school. She said CSD 14 is under enrolled with 20 elementary public schools. She said the NYCDOE has demonstrated poor public policy and planning, and there is a lack of support for local public schools.  She said there is a need to expand successful K-5 programs to K-8, with only 8 middle schools in the CSD. She said the NYCDOE has exhibited seriously neglectful behavior, as P.S. 19 has no science or math teacher, no librarian, as if they were being engineered for failure. She stated that the community has been crying out to the NYDOE for support for schools, and they have asked for more middle schools, but they have been ignored. She said the NYCDOE has demonstrated disregard for the true educational needs of children. She said the existing charter high school was built from the community, whereas the only motivating factor for Citizens is the real estate boom in Williamsburg. She stated she takes offense to Citizens’ testimony regarding their progressive model of education, which strives for diversity. She stated that she was opposed to the co-location and the NYCDOE is not providing equal support to all schools, effectively dismantling the community.

* NYC Councilman Stephen Levin spoke in opposition to the co-location. He stated the neighborhood is economically and racially diverse. Ericsson MS is in the midst of a real transformation, and if it continues to get support from the NYCDOE and community, it will be the first choice middle school in the community. He said CSD 14 has had a population shift, and parents have come together to make sure the schools work for the community. He said CSD 14 schools have great achievement and high parent morale, and the neighborhood wants to continue to succeed. He said there has been rapid growth of charters in the community. He said during budget hearings last year, the charter budget grew by 70 million dollars, while the final budget was revised to show a 120 million dollar increase. He stated that it is prudent to put the brakes on siting new charter schools, which are coming at the expense of enrichment programs at NYCDOE schools. He said there are bigger charter expenses coming in the future, and the NYCDOE needs to be more selective about co-location.  He said there should be a moratorium on co-location in New York City.

* A representative from U.S. Congresswoman Nydia M. Velázquez’s office stated she was tired of charter schools invading and usurping public school spaces that belong to the community. She said the NYCDOE should not be allowed to continue to fuel class segregation. She said every co-location takes up space belonging to public schools, and the NYCDOE should not be in this business. She said the NYCDOE needs to be held responsible for fiscal equity in education. She said charter schools need to be told that they need their own space with philanthropic funding. She said that like Success Academy, it is about shareholders and corporate takeover and privatization of public education. She said kids that don’t succeed in charters are transferred to public schools. She said the elected representatives get it; charters are here, but they should not being usurping district school space. She said Citizens is based in California, and they have no long term record of success. She said the NYCDOE is pitting parent against parent, whereas they should be focusing on a community process that is transparent and communicates its goals for co-location.

* Two representatives from CEC 14 spoke in opposition to the co-location. They both stated that CSD 14 does not need another elementary school. They said K126 is surrounded by some of the best elementary schools in neighborhood, with magnet and blue ribbon schools. They said NYCDOE’s “forced choice” serves no one in the community, rather, it serves only those from outside community that know they have the top students to siphon off. They said CEC 14 supported Believe Northside, but the community needs more middle schools. One said that as a parent, she would not feel safe with elementary children in a K-12 building. They said, at one time, Ericsson MS was a top middle school, but the new principal accepted challenge to come here, and he has made positive changes already. They said if the co-location is approved, Ericsson MS will not be able to get back to where it used to be; rather, the NYCDOE needs to let Ericsson MS grow. 

* The Believe Northside Principal stated that she had been in the building since 2009 and were serving a population of 90% free lunch, 42 students with disabilities, and a large percentage of ELL’s. She stated that they are outperforming other schools in CSD 14, and that their kids represent diverse backgrounds and communities. With any co-location, she said, the ultimate goal is that the parties be able to work together; they need to be fair to all kids. She said it will require a lot of cooperation, and adequate space. She said high school kids mixed with elementary children will be difficult.  She also said the ability to get Regents diplomas will be impacted by decreased space.

* The Ericsson MS Principal stated he came to the school to be successful, and he saw great potential in the school. He said he sees schools from the perspective of parents, and his vision is to grow the school as big as possible. He invited the public to visit school to see the changes they have implemented, and the hard work being done by staff to make the community proud. He said moving forward, they will continue providing amazing service to community, and he shares the concern of parents that are worried about what they are going to lose as a result of the co-location.
Public Comments:
* A Believe Northside student stated that the school would become overcrowded with an elementary school invading their space. The student said the co-location will limit academic growth.  The student said the middle school was almost closed, and now they have another school to contend with. The student said co-location will be a hazard because of age difference, as elementary kids should not be influenced by high school students.
* A community resident stated she was announcing a lawsuit against SUNY and the NYCDOE, with 300 parents signed on to challenge the charter school. She stated that Citizens had less than 30 supporters, and that the entire community is against the school. She said it is bad city planning to have another elementary school as they already have great elementary schools in CSD 14. She said the co-location will be hazardous and detrimental to the existing schools, which should have smaller class sizes. She said Citizens is coming from California, and they do not know CSD 14 schools. She said SUNY does not know the community schools, and they are not offering what the community wants.
* An 11th grader at Believe Northside stated that they now have a complete school, but the NYCDOE wants to take away space. The student said the co-location will create a fire hazard, and child safety should come first. The student said it would endanger 400 students to have them all on one floor, and Believe Northside will have to cut some classes due to the decreased space.
* Citizens’ Community Relations Director stated she was an educator and parent in the community that had choices in education. She stated that Citizens was a not-for-profit entity that is being guided by a group of parents and educators in the community. She said Citizens is for kids that want to thrive, and it is poised to collaborate and partner with the community. 
* The Director of the Beacon program stated that they serve more than 1,500 kids per year at after-school and summer programs. The Director said this is only possible because of their use of the facility and their desire to work with the community. The Director said the Ericsson MS Principal has done his job; he came into a bad situation, but it is working, and it will take additional time and support. The Director asked how will the co-location impact Beacon, which is vital to community?
* The Believe Northside Board Chair stated he was against co-locating another school in the building. He said all schools must have what they need, but another school is trying to take a part of their home. He said he is very proud of his schools, but he has concerns about safety. He said the NYCDOE is making decisions without consulting the needs of the community.
* A community resident stated that she supports Citizens. She acknowledged she was not in the majority of the community, but Citizens run excellent schools. She stated that charter schools are public schools. She said she is all for community schools, and they can all work together for all children. She said parents have to have the ability to choose the best school for their kids.
* A community resident stated that she was a believer in public education that moved to Williamsburg because of great schools. She said the community has to have an open mind. She said parents are choosing to go to other schools as opposed to district schools because parents that have choices do not want their kids to go to district schools. She said opposition to co-location is meant to silence parent choice.
* A community resident stated SUNY is in Albany and Citizens is based in California. The resident said there is no connection to the community. The resident said if it is about choice, the community should have choice in how facilities are used. 
* A high school teacher stated that all work hard for the community. The teacher said adding another school that cannot physically fit will impact safety. The teacher said everyone wants the best for their kids, and adding another school to the building will not accomplish that.
* A community resident stated he is standing up for public schools again, even if SUNY will never let them win. He said CSD 14 schools have lost 2,700 kids in last 10 years. He said the community has a very large Hasidic population that does not send their kids to public schools. He said it is a complete fabrication that public schools are not chosen. He said they have amazing schools in CSD 14, and are surrounded by so many good people. He said Citizens is bad, corrupt, evil, and run by a well known racist.
* A CSD 14 parent stated he had supported charter schools in the past. He said Eric Grannis had invited him to learn about Citizens, but the school should be shipped out of Brooklyn.
* A community resident stated the community has come together to say no to Citizens. The resident said all elected officials oppose the co-location. The resident said Citizens and SUNY have no respect for the community, and SUNY has never said no to a NYCDOE proposal. The resident said the charter cap is not about kids, but it is about real estate.
* A Believe Northside parent stated her son has had a tremendous amount of growth. She said she loves the high school and that they should not be made smaller.
* An Ericsson MS teacher stated that truly amazing changes are taking place in the building. The teacher said the principal has brought together some of the best educators in the city, and all kids needs are being met by dedicated staff. The teacher said they have master teachers with more than 20 years of experience, many from the community. The teacher said they are the only public middle school in the neighborhood. The teacher said charters are taking away space that should be used to allow Ericsson MS to grow. 
* A CSD 14 teacher stated she is committed to public schools. She said CSD 14 has many great choices for elementary schools. She said SUNY needs to have middle school expansion, but it is instead taking middle school space from the neighborhood.
* A community resident spoke in opposition to the co-location. The resident said elementary schools in the neighborhood are already under enrolled, and adding new elementary seats will impact funding to other elementary schools. The resident said Ericsson MS will lose art, science, and special education rooms, but they are the only middle school in the neighborhood. The resident said Citizens will reinforce segregation in the community. The resident said the community is tired of the NYCDOE giving false choices. The resident said Success Academy is now growing to K-8 in the community; the NYCDOE lied about them being K-5 only. The resident said SUNY should be ashamed.
* A community resident stated that Mayor Bloomberg is not maintaining the school system. The resident said NYCDOE is steamrolling people; even though the community is opposed, the NYCDOE keeps doing what they want. The resident said if the NYCDOE kept schools in good shape, they wouldn’t need charters. The resident said while not against Citizens specifically, the community is against what the NYCDOE is trying to do to the system. The resident said schools are failing because of the NYCDOE.
* A former CEC 14 member stated that public hearings are just theater that leaves the community empty. The former CEC member said CSD 14 has been abused. The former CEC member said CEC 14 called attention to problems in the building many times that were ignored by the NYCDOE. The former CEC member said the school was allowed to deteriorate until parents would not want to send their kids here. The former CEC member said the NYCDOE may not choose a school from California, escorted in by those that are politically connected, and expect the community to have no power and no say.
* A community resident stated that Ericsson MS should not be allowed to shrink. The resident said Citizens should not have been supported by Eric Grannis. The resident said Believe Northside is supported because they have authentic community involvement. The resident said Citizens is not about the community, did not talk to anyone in the community, and they should not have asked St. Thomas for space.
* A CSD 14 parent stated that the public schools have a moral engagement with kids and the community. The parent said the community will fight for kids and their rights. The parent said they do not need elementary schools in community because existing schools are doing a good job; they need middle schools.
* A CSD 14 parent stated he understands why people want charters that are intended to help underserved populations. He said CSD 14 is not an underserved community, and they don’t need a charter school. He questioned the motives of Citizens, as parents are choosing community schools. He said if the NYCDOE has resources, why not help schools that are already here? He said charters don’t want to help all the people. He said the process is governed by the rich and is all about market share and money.
* A Williamsburg parent stated she supports Citizens. She said they all care about all kids in the community, but Citizens will support kids in their emotional development. She said Citizens has a strong curriculum that will support community, and they are sincere in their intentions.
* An Ericsson MS parent stated she was very happy, as the school is not perfect but working hard. She said the NYCDOE needs to listen to the community. She said parents want more autonomy for their schools, and do not want co-location in schools. She said CSD 14 already has great programs like the one Citizens is proposing. She said the NYCDOE should not turn their backs on parents that are trying to succeed. She said SUNY did not show up at the April hearing to hear the community say that they didn’t want the school. She said SUNY must listen to the community.
* An Ericsson MS teacher stated he was a veteran educator in the building. He said the unanimous sentiment is that co-location is a bad idea. He said Ericsson MS is one of only 136 schools in country to be a federally funded magnet school, which has brought the level of instruction and rigor up substantially. He said they have veteran educators that are dedicated to students. He said a charter school will adversely impact everyone in the building. He said charter schools have poor records of serving students with disabilities and English language learner communities.
* A member of the Citizens Board stated she was committed to sitting down with the existing schools. She said Citizens has a record of working with their community in Los Angeles. She said that they can come together as schools to exceptionally serve all children, as their educational vision is to come together with the community.
* A neighborhood resident stated the NYCDOE should invest in local public schools. The resident said charters are undermining what the community is trying to do. The resident said Citizens is not a school, it is a business, preying on ignorant new parents that do not know about education. The resident said CSD 14 schools have everything that Citizens is offering. The resident said the NYCDOE is ruining a fine school. The resident said the co-location is wrong on every level, and is evidence of passive bureaucrats.
* A community resident stated that charter schools have revolving doors of teacher turnover. The resident said charter schools are a sham, meant to create a private school using public money. The resident said Eva Moskowitz undermines every school that she is co-located with, and they see the public schools as necessary for the kids they don’t want.
Preliminary Determination:
The SUNY Charter Schools Institute (the “Institute”) reviewed the Educational Impact Statement (“EIS”) and the Building Utilization Plan (“BUP”) prepared by the NYCDOE for the facility at issue. The Institute also inspected the space at the time of the hearing and found it to be a typical NYCDOE building that appeared to be in compliance with applicable law. Based on the documentation prepared by the NYCDOE and the information in the charter school’s application, the Institute also finds that the proposed use of the space by the charter school would not violate applicable law.
Based on the site review, the physical space proposed to be allotted to the charter school was safe and adequate. In addition, there appears to be sufficient common spaces and resource spaces to be shared by the charter schools, the district school and the community program in the building. Finally, the Institute notes that the BUPs, at the time of the co-location hearings, were in draft form. Pursuant to New York Education Law, leadership teams from the co-located schools are required to agree on a plan to utilize common spaces at the building. As such, the BUP will not be finalized until the co-location is finalized.
With respect to public comments, the Institute thanks the members of the community for their candor. The Institute notes that SUNY has no authority over NYCDOE decisions regarding the physical locations of NYCDOE schools, grants or programs. SUNY has no positive authority to place schools into NYCDOE space.

As the charter school initially proposed to locate in the CSD or NYC borough set forth in its charter application, the Institute only needs to determine whether the space, and the charter school’s use of the space, would be in compliance with the school’s charter and applicable law. In such cases, SUNY does not separately approve the school’s location. Therefore, as the Institute has held the hearing on behalf of the SUNY Trustees required by the New York Charter Schools Act of 1998 (as amended), it proposes to approve the facility for use by the charter school subject to compliance with the terms of its charter agreement regarding facilities.

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