Legal talk

Supporters of shuttered Memphis Carver High not giving up yet

PHOTO: Caroline Bauman
Attorney Bruce S. Kramer outlines legal options to supporters of Carver High School, which was shuttered this summer by Shelby County's school board.

In a Baptist church a short walk from Carver High School, attorneys shared their game plan Tuesday evening for a potential lawsuit against Shelby County’s school board for voting to close the 59-year-old south Memphis school.

The first step will be to set up negotiations with the school board, according to attorney Patrick Morris. If those conversations don’t yield results, attorneys will explore legal action.

Morris and Bruce S. Kramer are attorneys from Apperson Crump, Memphis’ oldest law firm. They spoke to about 30 Carver supporters during a neighborhood meeting at Bloomfield Baptist Church organized by Ralph White, a Carver graduate and local pastor leading the grassroots charge against the board’s June 9 decision.

Morris warned the group to expect a “long, drawn-out fight.”

“We’re just getting our toes in the water,” Kramer added. “We don’t know all the facts and figures yet, but I’ve seen school closings disproportionately affect economically disadvantaged black kids in Memphis. That’s what we’re looking into.”

Carver served a student population that was all black and more than 90 percent economically disadvantaged, according to the most recent state data.

District administrators cited under-enrollment and chronic low academic performance as the reasons for closing the school. During the most recent school year, Carver had 198 students and almost 1,000 empty seats.

White and other members of the Carver community are crowdsourcing to fund legal fees. Kramer and Morris said they will work for half of their normal hourly rate.

“We’re not here to get rich,” Kramer said. “We believe what’s happening to these schools is wrong, and we won’t let the attorney fees issue get in the way of what’s right.”

They bring significant experience to the table.

Kramer, who joined the Memphis firm in 2012, has been a Tennessee lawyer since 1969. He was named the Frank Carrington Champion of Civil Justice Award in 2002 and formerly served as director of the American Civil Liberties Union in Tennessee.

White said there are no plans to seek an injunction against the board’s decision to close Carver, meaning there’s no chance of reversing the board’s decision for the upcoming school year. The goal of litigation, he said, would be to reopen the school.

One supporter asked how this case would differ from a lawsuit filed against the district by parents and teachers at South Side, a middle school shuttered last year by Shelby County Schools. That suit, which was later dismissed, argued that school closures violate students’ rights to a quality education.

The lawyers didn’t have an answer. “I’ll look into that,” Morris said.

Who Is In Charge

CPS to enforce nine training sessions for local school council members

PHOTO: Elaine Chen
Local school council members at a training session on Tuesday

In a classroom at Bogan High School Tuesday, trainer Jose Ortiz quizzed four local school council members on why they have to hold public meetings before approving their school improvement plan, a key document outlining school priorities and direction. The room fell silent.

“Because,” he answered himself, “the worst thing that the local school council could do is not consult the community.”

Ortiz’s training session illustrated the challenges that Chicago Public Schools faces in ensuring that all members of the powerful councils understand their roles and responsibilities.

The district requires those who help govern its 646 schools each attend around 18 hours of in-person training, or nine online modules. But not everyone complies: Ortiz said that last week, around 10 people attended each module he taught, and on Tuesday, only four people sat through his class. Most council members take the training online, but the effectiveness of those modules is questionable, council members said.

In a district whose school board is appointed by the mayor instead of elected by city residents, the councils, as Ortiz pointed out, serve as important channels enabling residents to drive the direction of their children’s education. Normally consisting of 12 members, including the principal, teachers, parents, and community members, the councils hire and evaluate the principal, approve the budget, and help craft two-year school improvement plans for their schools.

Chicago schools have another problem with the councils: 47 percent of schools have failed to field enough candidates to fill seats, which then allows sitting council members to fill the vacancies. That means less electoral control for residents. It’s unclear if the training requirement deters people from seeking council seats.

Nevertheless, district officials said that this year they will enforce the training requirement and will contact members who fail to finish it.

“We are going to start removing people this year, but it will be after contacting them by email, through phone and then giving them an opportunity before we schedule a hearing, and then we will consider removing them,” said Guillermo Montes de Oca, director of the Office of Local School Council Relations.

As Ortiz continued with his training, he asked if members remember approving their school improvement plan in the past school year. The attendees looked at him with puzzled faces.

“Oh yes, I remember now,” said Andrea Sanchez, a council member at Richard J. Daley Elementary Academy. But, she added, “it’s just overwhelming because you’re looking at numbers and pages, especially when you’re not used to seeing it.” Sanchez has been a council member since December, but she had attended only one out of the nine mandatory training modules before Tuesday, because most of the two-hour sessions were held in various locations throughout the city far from her home.

According to the Illinois School Code, council members must finish all modules within six months of taking office, so newly elected members who take office on July 1 have until Dec. 31 to complete the modules. CPS has never removed a council member for not finishing the training, said Guillermo Montes de Oca. However, that’s changing.

This year, CPS has also been encouraging council members to finish the modules by July 31, he said, because “if you’re going to be seated, discussing the budget and everything, you need to be informed.”

Sanchez said she didn’t know know about the six-month deadline until Tuesday. She wishes the nine modules would be held all at once at her school. “The information in the modules should be given to us right away [upon joining the council],” she said.

Montes de Oca said that the Office of Local School Council Relations encourages council members to take the training online. Especially because the office only offers a few modules per month, to meet the July 31 deadline, council members would have to take most of their training online.

But the attendees Tuesday seemed to prefer the in-person trainings . Denishia Perkins, a council member at Shields Middle School for almost two years, said that she had taken all the training modules online, but they “didn’t do much for me.” The online training consists of clicking through slides of bullet-pointed information and then taking a short quiz at the end of each module.

“It’s so possible to get elected and not know about this stuff,” Perkins said. So she decided to attend the in-person training on Tuesday.

Sanchez said of Ortiz’s class, “It felt one-on-one, and he’s really explaining it to you.”

The trainings are not the only impediment to filling local school council seats.

A representative from the parent group Raise Your Hand told the Sun-Times that people may not want to run for a council position because “people are a little frustrated at the weakening of the local school council.” Currently, 50 percent of principals’ evaluations rely on CPS’ data and metrics, when previously the evaluations relied solely on the council members’ judgment.

Sanchez said that the work of councils are just not advertised enough, and many parents like  her already are involved with jobs or other organizations.

“I don’t think the parents know that we’re that important,” Sanchez said. “I didn’t know either.”

performance based

Aurora superintendent is getting a bonus following the district’s improved state ratings

Aurora Public Schools Superintendent Rico Munn. (Photo by Andy Cross/The Denver Post)

Aurora’s school superintendent will receive a 5 percent bonus amounting to $11,820, in a move the board did not announce.

Instead, the one-time bonus was slipped into a routine document on staff transitions.

Tuesday, the school board voted on the routine document approving all the staff changes, and the superintendent bonus, without discussion.

The document, which usually lists staff transfers, resignations, and new hires, included a brief note at the end that explained the additional compensation by stating it was being provided because of the district’s rise in state ratings.

“Pursuant to the superintendent’s contract, the superintendent is entitled to a one-time bonus equal to 5 percent of his base salary as the result of the Colorado Department of Education raising APS’ district performance framework rating,” the note states.

The superintendent’s contract, which was renewed earlier this year, states the superintendent can receive up to a 10 percent bonus per year for improvements in state ratings. The same bonus offer was in Munn’s previous contract with the district.

The most recent state ratings, which were released in the fall, showed the state had noted improvements in Aurora Public Schools — enough for the district to be off the state’s watchlist for low performance. Aurora would have been close to the five years of low-performance ratings that would have triggered possible state action.

“I am appreciative of the Board’s recognition of APS’ overall improvement,” Superintendent Munn said in a statement Wednesday. “It is important to recognize that this improvement has been thanks to a team effort and as such I am donating the bonus to the APS Foundation and to support various classroom projects throughout APS.”

This is the only bonus that Munn has received in Aurora, according to a district spokesman.

In addition to the bonus, and consistent with his contract and the raises other district employees will receive, Munn will also get a 2.93 percent salary increase on July 1. This will bring his annual salary to $243,317.25.

At the end of the board meeting, Bruce Wilcox, president of the teachers union questioned the way the vote was handled, asking why the compensation changes for teachers and compensation changes for other staff were placed as separate items on the meeting’s agenda, but the bonus was simply included at the bottom of a routine report, without its own notice.

“It is clear that the association will unfortunately have to become a greater, louder voice,” Wilcox said. “It is not where we want to be.”