Schools

Parents Win Appeal to Halt Plans for Charter School at P.S. 9

New York State Commissioner annulled the Feb. 3 vote by the Panel for Educational Policy to bring Brooklyn East Collegiate Charter School into Underhill Avenue building.

A parent group has secured a major victory in its fight to keep a charter school from sharing space with P.S. 9.

On Thursday, New York State Commissioner of Education David M. Steiner annulled the by the Panel for Educational Policy, which oversees New York City public schools, “co-locate” Brooklyn East Collegiate Charter School into P.S. 9’s building at 80 Underhill Ave., saying the city’s plan for sharing the space was unfair. (See the full decision in the photo gallery.)

For example, the DOE proposed giving Brooklyn East 6.75 hours per week of time in the library for its projected 158 students, while only giving the 550 to 610 students expected to attend P.S. 9 a total of 4.5 hours of library time. (This was a particularly ironic disparity because the P.S. 9 parents secured funds to renovate the library, which .)

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In the 16-page decision, the commissioner also agreed with the petitioners that time in the gym was unfairly proportioned, writing that the “DOE does not explain how its proposed allocation of 9.75 hours of weekly gymnasium time to both P.S. 9 and BECCS (Brooklyn East Collegiate Charter School), despite their significantly different enrollment projections, is equitable.”

In addition, the commissioner pointed out that the DOE did not assess other issues such as how co-location of Brooklyn East, which has an extended school day, would impact P.S. 9’s after-school program and how the fact that the building’s schoolyard is currently closed due to construction would affect the sharing of resources.

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Seven parents filed an appeal of the decision on March 7. They were able to make the appeal under a new law that took effect last year that allows for an expedited process for co-location appeals in particular. Their appeal did not address a separate PEP decision to phase out M.S. 571, which shares the building.

Besides annulling the decision, the commissioner also prohibited the DOE from moving forward with any aspect of the co-location of Brooklyn East into 80 Underhill until it offers a more fair division of building resources.

“The DOE is basically back to square one,” said Christina LaBrie, who has a daughter and son at P.S. 9 and was one of the attorneys who filed the appeal.

They could still try to bring Brooklyn East to the building next year, but they would have to create a new plan that more fairly divides up the space and have it approved by the PEP. If that were to happen, the P.S. 9 parents group could file a new appeal, said LaBrie.

Meanwhile, the P.S. 9 administration is working on a request to change P.S. 9 from a K-5 school to a K-8 school, which would make use of any extra space in the building, LaBrie said.

Even though it’s possible that Brooklyn East could still come to P.S. 9, parents were ecstatic, with some literally jumping up and down at the school when they heard the news, which was released in the afternoon around pick-up time, said Maria McGrath, one of the parents who signed the complaint.

"It’s just this immense relief and justification. I had almost given up," she said.

“It’s fantastic news," agreed said Michelle French, who has a daughter in pre-K at the school and helped organize the appeal. "I think we’re all surprised and excited that we have a chance to rectify the process."

Prospect Heights Councilwoman Letitia James said she was thrilled to hear the decision. She added that she didn’t believe the DOE would pursue the co-location.

“That is fantastic, that is great news,” she said. “Closing schools is bad public policy and excluding the voice of parents and teachers from decision is also bad decision making,” she said.

“I am just so happy that the parents of P.S. 9 prevailed. I applaud them 100 percent,” she added.

Whether or not the co-location does ultimately take place, the decision revives many P.S. 9 parents’ belief that they can have a say in what happens with their children’s education. 

“It’s very encouraging,” said LaBrie. “At least you feel like someone is listening.”

Reached Friday, Laura Lee McGovern, CEO of of the Collegiate Network of Uncommon Schools, which owns Brooklyn East, said she was "disappointed."

"We had already been assigned classrooms in the building," she said, adding that although Brooklyn East might be able to stay in its current location next year, it would eventually have to move.

"The building we are in is temporary. Brooklyn East needs a permanent home, which this is not," she said.

Late Friday, DOE spokesman Matt Mittenthal sent the following statement via e-mail: “We are reviewing all of our legal options and remain committed to co-locating Brooklyn East Collegiate Charter school with PS 9 and MS 571 next year.”


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