DEPOSITIONS BEGIN IN DC SCHOOL CLOSURES CASE

Posted on behalf of Empower DC

FOR IMMEDIATE RELEASE: Monday, February 10, 2014

CONTACT: Parisa Norouzi, Empower DC (202) 234-9119 x 100

DEPOSITIONS BEGIN IN DC SCHOOL CLOSURES CASE

Chancellor among key government witnesses to be deposed, public invited to submit questions

Depositions of key government officials have begun in the case against the closure of DC public schools.

The case of Shannon Smith et al Vs Kaya Henderson et al was filed last March by members of Empower DC as part of an effort to stop the closure of 15 DC Public Schools in low income communities of color. After a hearing on May10th, Federal court Judge Boasberg did not grant a temporary injunction and the closure of 13 DC Public Schools was allowed to go forward last fall, however the court has yet to issue a final ruling on the merits of the case and litigation on the issue continues. The Judge upheld the plaintiff’s core complaints, saying in his opinion “..the parents and guardians have alleged sufficient facts to state claims of discrimination under the three civil-rights provisions at the heart of their case: the Equal Protection Clause, Title VI, and the D.C. Human Rights Act.”

Today, as civil rights attorney Johnny Barnes prepares to depose Schools Chancellor Kaya Henderson under oath on February 21st, Empower DC launched a call for the public to submit “Questions for Kaya.” People impacted by the closures or others with information pertaining to the inner workings of DCPS are invited send in questions via twitter (to @empowerdc), email (to Daniel@empowerdc.org) or by calling an anonymous phone hotline (202-234-9119 x 106).

Communities throughout the nation have mobilized to fight the closure of dozens of public schools, predominately in low income communities of color, in cities including Chicago, Philadelphia, New York and Baltimore. To date, Empower DC’s suit is the first in the nation to have withstood dismissal and entered the discovery phase.

“We have begun pouring through thousands and thousands of internal DCPS documents and emails received during discovery,” said Attorney Barnes. “The content provides a window into the infrastructure that was responsible for decision making within DCPS. We look forward to these depositions with expectations that we will learn even more about that which motivated the closing of schools.”

“In this case Empower DC exemplifies David going against the Goliath of not just DCPS and the District government, but the large, powerful and wealthy network including the likes of the Waltons and the Gates’ who drive privatization-based school reform throughout the country,” said Parisa Norouzi, Executive Director of Empower DC. “It is no secret to us that there is more then meets the eye with regard to public education in DC. Being the nation’s capital we have been used as a laboratory for the so-called “reform” movement. The proceedings of our lawsuit will bring that to light.”

Empower DC’s members continue their campaign to save community schools, and the neighborhoods that depend upon them. “Our members never gave up their fight,” continued Norouzi. “The Supreme Court has ruled in the past that a court is empowered to order that schools be reopened, where discrimination has been found. We continue to believe that it is possible schools like Ferebee-Hope Elementary will be reopened at the end of this fight – as would be the fitting tribute to the parents and students who have been champions for their community.”

Stop DC Public School Closures

For those of us who follow the debate over school reform/school closings in the District of Columbia, the story of River Terrace Elementary School is not unfamiliar. In December of 2010, Schools Chancellor Kaya Henderson proposed that the school be closed due to under-enrollment. In January, a meeting was held at River Terrace Elementary to discuss the concerns of the community. Residents were angry about the decision to close the school and the lack of input from the community during the decision-making process. As you can see from the video below, many legitimate questions were raised; none of them have been answered.

River Terrace Elementary School is just one of the many Washington, DC public schools closed or threatened with closure since the reign of Schools Chancellor Michelle Rhee. Despite overwhelming community support, River Terrace was shut down. But the tide is turning. Although Rhee and her policies were in favor during the Administration of Mayor Adrian Fenty, the lack of improvement in test scores and the disruption to communities is causing many to think twice about reforming schools by closing them down.

The latest effort to stop DC public school closures is a lawsuit brought by Empower DC against the city to stop the latest round of school closings. The following excerpt from the Empower DC’s complaint explains their argument:

“The 2013-2014 ‘DCPS Consolidation and Reorganization Plan’ will have a startlingly disparate impact on students of color, special education students and students who live in low-income communities; and that disparate impact violates the United States Constitution, the D.C. Human Rights Law and applicable federal laws. There is a striking juxtaposition between how the Plan treats students “East of the Park,” those in predominantly minority, low-income communities, and yet spares students “West of the Park,” those in predominantly caucasian, affluent communities. The same is true with respect to how the Plan treats schools housing special education students. School closures are not immune to judicial scrutiny.”

Empower DC has their first day in court this Friday, May 10, 2013. Join them and the plaintiff’s in the case for a rally on the courthouse steps. Details follow:

Show Your Support for the Lawsuit To STOP DC PUBLIC SCHOOL CLOSURES Friday, May 10, 2013 US District Court, 333 Constitution Avenue, NW Rally @ 9:30 AM / Hearing @ 11:00 AM Pack the Hearing Room #19 For more information about Empower DC’s Public Education Campaign, contact daniel@empowerdc.org.

D.C. School Closures Likely to Spark Interest From Commercial Real Estate Industry

Cross-posted from the Washington Post By Jonathan O’Connell

For all the difficulty and anguish of closing under-utilized public schools, the process is likely to prompt excitement from at least one constituency in the city: real estate developers.

When Mayor Adrian M. Fenty and D.C. Public Schools Chancellor Michelle A. Rhee announced in 2007 that they would try to close 24 public schools, the interest from the commercial real estate industry was immediate, and for good reason.

Some of the schools Fenty and Rhee proposed shuttering — and which ultimately closed — held high commercial value. Hine Jr. High School on Capitol Hill, across from Eastern Market, and Stevens Elementary School, in the West End, topped the list. Hine is on its way to becoming a mixed-use project led by EastBanc, and Akridge and Ivymount School plan to turn Stevens into an office building and special education center.

What are the prospects for the 20 schools pegged for closure by Kaya Henderson, schools chancellor Mayor Vincent C. Gray?

It is not clear. When Fenty and Rhee began closing schools, Neil O. Albert, then-deputy mayor for planning and economic development, did not take long to see empty school building as a redevelopment opportunity. Fenty and Rhee announced their plans to close the schools in November of 2007 and by December of 2008, Albert had analyzed the available properties and prepared 11 of them for commercial real estate developers to bid on (which they announced two days before Christmas).

Henderson, on the other hand, said Tuesday that she wants to keep all of the schools within the school system’s control and has already announced plans to re-use many of them.

Of the 20 schools (or 19 buildings), she suggests that 11 buildings be kept by DCPS, either to plan for future expansion of the school system or for expansion of other educational programs. These include: Francis-Stevens, Garrison, MacFarland, Marshall, Spingarn, Prospect, Shaw at Garnet-Patterson, Davis, Kenilworth, Ferebee-Hope and Johnson.

For three other schools, Henderson says she has set aside for possible use by charters schools. Those are Sharpe Health School, Hamilton campus and Malcolm X. That leaves five listed as “to be determined” and Shaw at Garnet-Patterson as possibly “to be determined.”

Jose Sousa, spokesman for Victor Hoskins, deputy mayor for planning and economic development, said early Tuesday afternoon that he had not seen the list of proposed schools to close and declined comment.

Regardless of whether Henderson succeeds in closing the schools but retaining control of the buildings, there is nothing on the current list of closures that approach Hine or Stevens in terms of commercial real estate value. Nine of the properties, for instance, are located east of the Anacostia River, which has not traditionally been a magnet for new development.

But there are certainly properties that will attract commercial interest.

Although Henderson has it pegged for expansion of a high school for School Without Walls, Francis-Stevens Education campus, at 2425 N St. NW, is sandwiched between Rock Creek Park and neighborhoods in the West End. It’s down the street from the Fairmont Hotel and the Park Hyatt.

Garrison Elementary, at 1200 S St. NW, is just north of Logan Circle. Nearby, Shaw Middle School at Garnet-Patterson, at 2001 10th Street NW, is just north of U Street, in an area in which the JBG Cos. is aggressively adding new apartments and retail.

There are some potentially attractive properties in Northeast as well, near the booming H Street corridor. Prospect Learning Center, at 920 F Street NE, is between H Street and Capitol Hill. Spingarn High School, at 2500 Benning Road NE, is along the first streetcar route planned by the city and has been discussed as a property on which to store the new streetcars. Henderson plans for it to be turned into a career and technical education center.

The education discussion comes first. But shortly thereafter, expect the real estate discussion to begin.

News Round Up: School Closings Lawsuit

Last week, the DC City Council’s new Education Committee met for the first time. Inside the hearing room, Schools Chancellor Kaya Henderson was defensive, while outside Empower DC announces a lawsuit that would block Henderson’s plan to close 15 DC public schools. Below is a brief round up of the news from that day. It includes two videos from the local news and one article from the Examiner. Enjoy!

 

View more videos at: http://nbcwashington.com.

 

DCPS Chancellor Faces Lawsuit, Angry City Council

Cross-Posted From The Examiner Written by Jane Kreisman

Shortly before embattled DC Public Schools (DCPS) Chancellor Kaya Henderson met with the DC City Council’s new Education Committee inside the John A. Wilson Building today, Empower DC and attorney Johnny Barnes announced a legal injunction to block her plan to close 15 city public schools from the freezing steps of the same building.

Protesters brought many of their colorful and provocative signs inside and filled seats at the City Council committee hearing. The proceedings indoors aired live on City Cable TV 13 and DC Council member David A. Catania kept other citizens apprised of developments by tweeting live on Twitter.

D.C. Council members finally had their chance to question Chancellor Kaya Henderson in person and in public about her latest school consolidation plan.

David Catania, the Independent At-Large Council member who is Chair of the new Education Committee has said that one of his top priorities is improving the school system’s budget transparency and ”understanding how every dollar is spent.”

Catania said that DC education committees have been ”missing in action for six years,” and that lack of oversight has detrimentally affected DCPS.

For example, the closure of 23 D.C. schools in 2008 cost nearly $18 million, according to an audit released in August, nearly double the $9.7 million originally reported by the school system.

Catania has already introduced three bills this year for city reform, most notably one for DC CFO budget transparency.

Council and Committee member Yvette Alexander represents Ward 7, where four of the Chancellor’s 15 schools are slated to be closed. She demands that any savings from the closures of those four schools, Ron Brown Middle, Kenilworth Elementary, Davis Elementary and Winston Education Campus, must remain in Ward 7.

While Alexander made a visible effort and succeeded in remaining civil and constructive throughout the meeting, the Chancellor did neither.

The most notable comments about her contentiousness came from Marion Barry, Council member for Ward 8 and former DC Mayor, who criticized the Chancellor for giving the council a ”facetious” answer to their questions. He also took her to task for interrupting him and for ”cutting (him) off’.”

At one point, Henderson lost her composure and raised her voice over soft-spoken Barry.

”Why the hostility?” he asked.

Half-way through the Chancellor’s answer to his next question, he retracted it, complaining, ”No, I don’t want your answer.”

He ended his attempt at a civil discourse with the Chancellor with a statement of disgust, insisting, ”You’re not telling the truth!”

Instead of releasing the anticipated data of studies already conducted to support her case, Henderson was mostly on the defensive today.

Although Henderson again promised ”more robust” programs across the city, she was reminded how she has orchestrated a systematic downsizing and ”excessing” of Art, Music and other ‘special subjects’ programs and teachers during her tenure.

Council member Alexander stated, ”I want to see Art , Music and P.E. in every school in Ward 7. I want to see language offerings in Ward 7, modern libraries in Ward 7, and a STEM focus in every school in Ward 7.”

As the end of the meeting approached, Chairperson Catania gave his ”recap,”

‘We are hoping to embark on a new era of collective responsibility, giving out honest information, so that the public can make informed decisions.’

The Chancellor was allowed the final word:

”This is complex, frustrating and difficult,” she said, but she agreed to ”work on these budget issues.”

Notably, this is how the Chancellor chose to end the nearly 3-hour meeting.

Dripping in flashy, bulky gold jewelry, the Chancellor bragged about all her other standing job offers and implied that she could be making a lot more money ”without all of this,” gesturing with both arms at the City Council and the cameras.

. . . → Read More: News Round Up: School Closings Lawsuit

Southeast Residents Rally to Keep Schools Open

Cross-Posted from The Washington Informer Written by Dorothy Rowley

A cadre of parents, teachers and community leaders recently gathered on the grounds of a Southeast elementary school to protest a controversial proposal by D.C. Public Schools Chancellor Kaya Henderson to shutter several neighborhood schools.

During a Dec. 13 rally at Malcolm X Elementary School in Anacostia, the fired-up group of more than 100 Ward 8 residents who vehemently oppose the 20 school closings – the majority of which are located in their neighborhoods – loudly proclaimed along with newly-elected D.C. Ward 8 School Board representative Trayon White, that “enough is enough.”

Cynthia McFarland, 48, said that Henderson has lost touch with the needs of her community. “My grandchildren live in Ward 8,” the Alabama Avenue resident said. “They go to school at Hart [Middle] and Malcolm X. I was raised in the public school system and walked to school. So did my children. Ms. Henderson needs to stop playing games and do what’s not only right but necessary.”

McFarland also stressed that given the large number of children who live in Ward 8, it’s essential that all of the area’s neighborhood school doors remain open.

According to a statement issued prior to the rally by organizers, many of those in opposition represent Ferebee Hope and M.C. Terrell/McGogney Elementary and Johnson Middle schools. “Parental, school and student choice are no longer a part of the equation in accordance with decisions regarding neighborhood school closings,” a portion of the statement read.

Four years ago, at the behest of Henderson’s predecessor, two dozen schools were closed throughout the District in an attempt at school reform. But Henderson, 42, admitted recently that those closings only proved costly and ineffective: while student test scores remained stagnant, DCPS enrollment figures dipped from 47,000 students to less than 45,000, and paved the way for public charter schools to gain leverage as the preferred education model.

White, who helped organize the Malcolm X rally, said it doesn’t make sense to close any of the community’s schools.

“We don’t need less educational resources, but more educational resources,” the outspoken 28-year-old protégé of Ward 8 Council member Marion Barry, said. “A lot of factors have to weigh in on the closings, and so far, the chancellor hasn’t [stepped up to the plate] with an adequate explanation. Dropout and truancy rates are already high in the area, and if she closes our schools, those rates will only increase.”

White added that a major concern of parents has been plans to merge low-performing DCPS buildings with high-performing charter schools.

White said that in talks with Barry, he expressed that there’s no guarantee DCPS will be more successful in its attempt at school reform.

“History has proven, especially since 2008, that if we continue to go down this road, we will be right back here again discussing another round of school closures,” White said.

Henderson’s plan – currently being studied by members of her administration – calls largely for the closings of under-enrolled and under-performing schools.

After her staff makes adjustments to the proposal, Henderson will confer with Mayor Vincent Gray, 70, and together in January, they will announce their final decision about which of the 20 schools will be closed.

Kim Harrison, 49, who works with Concerned Parents for Action Coalition, a citywide organization that advocates on behalf of public schools, drummed up support for the for the rally.

She said word of the closings have been exacerbated in the aftermath of a series of public meetings where Henderson shared reasons behind her proposal.

“We can’t be quiet, as this is a bigger issue than we think,” said Harrison, who lives in Southeast. “It’s just awful, all this talk about closing our schools. Our children need a school that’s in walkable distance – and they clearly need to be D.C. schools, and not charter schools,” she said.

“In order for reforms to work, they’re supposed to engage community stakeholders, parents, teachers and students, and Henderson’s proposal has failed to include [that kind of input].”