PUBLIC ADVOCATE FOR THE CITY OF NEW YORK

Letitia James

July 22, 2014

VIA EMAIL Chancellor Carmen Fariña New York City Department of Education 52 Chambers St. New York, NY 10007

Dear Chancellor Fariña:

I am writing to share my input about the process, policies, and ultimately, the outcomes of the Blue Book Task Force. We have a unique opportunity to improve upon past policies that will ensure the best outcomes for the children of New York. As a task force member, I would like to identify several issues and recommendations, which I have outlined below, that I believe can assist the task force to improve the “unacceptable overcrowding” – as Mayor Bill de Blasio recently described it – that currently plagues our public schools. I am confident that working together, we can achieve the best possible results for New York City’s public school children.

Collaboration and Proper Problem Identification

It is important that the Blue Book task force convene at some point with the related school space working group because of the significant overlap in the purview of the two bodies. While I understand that there are overlapping members in both groups, the role that these members should play in sharing information between the groups has not been made clear and information from the respective groups has not been shared. To address this shortcoming, I recommend the following:

• Create a plan to integrate the Blue Book task force with the school space working group, allowing these groups to coordinate their work and share input at appropriate times.

Only when we define the space needs of students first can we begin to measure the "utilization" and the "capacity" of the buildings that serve them. The current instructional footprint and Blue Book capacity figures fail to provide sufficient space allocations for students, especially for high needs students who require additional support and services: students with disabilities, English language learners, students in temporary housing, students living in poverty, as well as students with various challenging social, emotional and learning-related conditions.

2

Improving Process to Ensure Accountability

Although the task force has met five times over the last four months, there has been a lack of clarity regarding what the group hopes to achieve together, and how to establish a process to allow the group to identify necessary changes and desired outcomes for Blue Book metrics. In order to create a more inclusive and transparent process, I believe it is vital to allow task force members to participate in the agenda-drafting process to ensure that work performed by the task force reflects the priorities of all task force members. To that end, I propose the following changes to the mechanics and process of the task force:

• Establish co-chairs for the task force, with a representative from the education advocacy community working alongside a representative of the School Construction Authority to set agendas, meeting topics, dates and meeting locations;

• Circulate agendas at least 3-5 business days prior to meetings and invite members to make suggestions for additions or alterations;

• Create a timely process for approving minutes so that meeting content is accurately recorded;

• Vet and share all communications through the task force prior to their release; • Provide examples of the current Blue Book methodology by occasionally holding task

force meetings in schools to allow members to compare actual space with how it is portrayed in the Blue Book; and

• Create mechanisms for making decisions as a group.

Improved Accuracy of School Space Determination

At many schools throughout the city, I have observed that we have sacrificed many State mandated services and programming – including physical education time – due to inadequate space. Additionally, poor and/or lack of planning by the previous administration with respect to space has harmed our students, impeded good teaching and contributed to the barriers that deprive students of the well-rounded education they are legally entitled to. I therefore recommend that we make significant changes to the Principal Annual Space Survey (PASS) and Blue Book algorithm to improve the data gathered from the principals about capacity and utilization:

o Include gym, auditorium and cafeteria capacities; o Require specialty rooms to be based on school themes and pedagogical approach; o Provide rooms for academic supports, related services and counseling/therapies

based on demographics and student population needs; and o Rework the Blue Book algorithms and formulas in the next iteration of the Blue

Book to reflect the need for smaller class size and programming efficiency.

3

In his 2001 ruling in the Campaign for Fiscal Equity v. New York State lawsuit, State Supreme Court Justice Leland Degrasse characterized the Blue Book’s capacity formula as inaccurate and unjust, a fact that has not been addressed in the roughly 13 years since the time that Judge Degrasse issued his ruling. The severe overcrowding recorded by the current Blue Book, whereby approximately one-third of our New York City schools are overcapacity, understates the gravity of the problem.

Adoption of these measures can provide the Blue Book task force the tools it needs to improve the capital planning process and ensure that we accurately measure each school’s need for space. This task force has the ability to guarantee all students receive an adequate education and to end the ever-increasing overcrowding and rising class sizes across the City.

Thank you for your time and consideration regarding this important matter.

Sincerely,

Letitia James Public Advocate for the City of New York