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At least 13 schools on Chicago Public Schools’ proposed list of more than 50 school closures should remain open, according to reports from independent officers who oversaw public hearings on the controversial plan.

CPS officials promised parents students affected by the closures  would attend better, “higher-performing” schools. The reports contest that claim for some cases. CPS officials also said safety would not be a concern for displaced students, but some  hearing officers cited safety issues for their opposition to several actions on the list.

James Bebley, CPS  general counsel, has officially disputed most of the officers’ claims. The district is not bound by the reports, but the Chicago Board of Education may take them into account when it votes on the final closures list May 22.

Here are highlights from the reports and Bebley’s responses:
 
Buckingham Special Education Center

Report:

“The CEO failed to consider pertinent additional information on the safety impact that the long commute will have on Buckingham students.” “There has been competent testimony from social workers and teachers who know these children best, that such a move would be devasting on their already fragile emotional condition.”

CPS Response:

“…the Hearing Officer exceeded the scope of her authority by failing to apply the law and Guidelines as promulgated. The Hearing Officer’s determination is based on an opinion regarding the sufficiency of supports, which is outside the scope of her report and expertise.”

“…the draft transition plan may be amended to include the feedback received regarding the safety impact of the commute for Buckingham students, should the Board approve this proposal.”

 

Bowen High School

Report:

“Give the school a chance to continue to grow and excel. All participants in the hearing are on the same path with visible improvement, great promise for the future and less potential for violence.”

 

Calhoun North Elementary School

Report:

“…the opponents of the proposal to Close Calhoun North have demonstrated through clear and convincing evidence that the pertinent additonal factors pertaining to projected enrollment were not considered by The CEO in its proposal to close Calhoun North. Moreover, had the CEO properly considered these additional factors, Calhoun North would not have met the requisite criteria for Closure.”

CPS Response:

“First, the Hearing Officer misreads the Guidelines to require that the CEO consider neighborhood development plans when determining whether to propose a closure. The CEO has discretion to consider the neighborhood development plans, but failure to do so does not impede the CEO’s power to propose this closure under the Guidelines. Second, the Guidelines do not require the CEO to present evidence showing that she considered neighborhood development plans while demonstrating that the proposal to close Calhoun meets the criteria in the Guidelines.”

 

 
Delano Elementary School

Report:

“There is insufficient consideration in the Proposal for the fact that Melody is on probation while Delano is not. This fact is not addressed by the CPS, and such an omission gives credence to those who believed that the process if flawed…Until such time as the legitimate concerns articulated by participants in this proceeding are addressed, the Board invites valid criticism should it approve this proposal.”

CPS Response:

“It is not required that the CEO outline which school is on probation and which school is not. Further, the academic information for schools is publicly available, giving stakeholders access to information needed to evaluate the proposal.”

 

 
Mahalia Jackson Elementary School

Report:

“The signature moment of the hearing was when, at the conclusion of remarks by a deaf speaker (aided by an interpreter), almost every person in the crowded hearing room expressed their approval, not by clapping, but by signing applause. Jackson is a family.

…Nothing emerged at the hearing that indicated that the CEO has exercised her discretion to consider “school culture and climate” in making this proposal. Had she done so, I must believe that, given the uniqueness of the culture there, the problem of underutilization at Jackson would have been addressed in a way not requiring the closing of the school…The safety of the youngest and most vulnerable children in the school system is a very serious thing, not to be addressed with generalities and vague promises.”

CPS Response:

“Rather than evaluate whether the draft transition plan identifies the items required by the statute, the Report forms an opinion regarding the sufficiency of safety and security supports, which is outside the scope of the Hearing Officer’s statutory role and expertise.”

 

 
King Elementary School

Report:

“Given the number of none English speaking students and families in the current King boundary, the CEO’s plan fails to provide adequate information as to how it will address the integration of these student [sic] into the Jensen population. It is the Hearing Officer’s recommendation due to the failure of the CEO to propose a transition plan that meets the criteria in provided in the 2012-1013 [sic] School Closure Guidelines, that William H. King Elementary School…be removed from the list of proposed closures.”

CPS Response:

“The Report notes that the CPS Office of Safety and Security (OSS) did not present testimony at the public hearing…Student safety and security factor into the CEO’s consideration even if not addressed in testimony by OSS at the public hearing. Moreover, rather than evaluate whether the draft transition plan identifies the items required by the statute, the Report forms an opinion regarding the sufficiency of safety and security and academic supports, which is outside the scope of the Hearing Officer’s statutory role and expertise.”

 

 
Manierre Elementary School

Report:

“It cannot be emphasized enough how concerned the Manierre parents are about their children’s and their own safety if Jenner and Manierre are merged into one school.  Parents testified as to physical attacks they and their children had suffered at the hands of gang members and students from Jenner. There is a history going back over 40 years of rivalry between the two schools. When space utilization, academic progress and performance safety are taken into account, it is clear that the CEO’s documentation has failed to support the proposal to close Manierre School.”

CPS Response:

“The Hearing Officer’s finding based on information collected outside of the hearing record exceeds the scope of her review. Second, the Report incorrectly finds that the CEO’s documentation has failed to support the proposal to close Manierre, taking into account space utilization, academic progress and performance, and safety. The CEO’s Exhibit, submitted at the public hearing and reviewed by the Hearing Officer, provides the following evidence in support of the CEO’s proposal…”

 

 
Mayo Elementary School

Report:

“The information in which actually was transmitted to parents can be only regarded as aspirational. It is common knowledge that families with children with special needs have great difficulty in finding schools which have acceptable programs for their children…In this proposal there is no information as to such basics as staffing and sufficient space which is essential for parents to know in order to adequately address their options.”

CPS Response:

“The Hearing Officer implies that the draft transition plan for the proposed closure of Mayo is not unique, and thus, does not comply with the Guidelines…The Report does not identify any other draft transition plans submitted for consideration. Because the law limits the scope of the Report to a summary of the hearing (see 105 ILCS 5/34-230(f)(4)), the Hearing Officer’s finding based on information collected outside of the hearing record exceeds the scope of her review.”

 

 
Morgan Elementary School

Report:

“The draft transition plan is deficient in failing to contain information reasonably necessary to allow parents, students and the Board of the safety issues specific to the proposed transfer… The draft transition plan also fails to address where special education students from Morgan will be assigned and whether the receiving school could address their needs.”

CPS Response:

“The parents or guardians of all Morgan students, including students with disabilities or impairments, were sent a notice letter and draft transition plan stating that all returning Morgan students will be welcomed at William H. Ryder Math & Science Specialty Elementary School (“Ryder”)…Thus, the draft transition plan addressed where students with disabilities will be welcomed, if the Board approves this proposal. Second, rather than evaluate whether the draft transition plan identifies the items required by the statute, the Report forms an opinion regarding the sufficiency of safety and security supports, which is outside the scope of the Hearing Officer’s statutory role and expertise.”

 

 
Overton

Report:

“If the concept of a higher-performing school is to have substantive meaning, the mere fact of a mathematical variance between two schools with low academic performance and on probation is insufficient to be deemed a higher-performing school for the purpose of school action.”

CPS Response:

“The Guidelines note that “if the 2011-2012 school year level on the Performance Policy is equal, higher  performing means performing higher on the majority of the following metrics: for elementary schools – for the 2011-2012 school year, percentage of points on the Performance Policy, ISAT composite meets or exceeds score, Value Added reading, and Value Added math.” As noted in John Price’s written statement submitted in support of the proposal, Mollison scored higher on all four of these metrics, as noted below, and thus is a higher performing school per the CEO’s Guidelines.” The Hearing Officer’s determination ignored the definition of “higher performing” in the Guidelines. The Hearing Officer substituted his judgment for the CEO’s in applying a different standard to higher-performing schools than the one expressed in the Guidelines.”

 

 
Stewart Elementary School

Report:

“Since a definitive safety plan will not be easy until August, 2013, CPS should consider delaying the implementation of the proposal until the 2014-2015 school year. The 256 Stewart students will be traveling a new route to a new school. Will an understaffed Chicago Police Department be able to provide enough officers to assist the Stewart children? Will CPS hire a private security company to furnish properly trained personnel? Is there really enough time to get everyone up to speed so that 14,000 children from the closing schools are provided safe passage?”

 

 
Stockton Elementary School

Report:

“Since a definitive safety plan will not be easy until August, 2013, CPS could consider delaying the implementation of the proposal until the 2014-2015 school year. The 475 Stockton students will be traveling a new route to a new school. Will an understaffed Chicago Police Department be able to provide enough officers to assist the Stewart [sic] children? Will CPS hire a private security company to furnish properly trained personnel? Is there really enough time to get everyone up to speed so that 14,000 children from the closing schools are provided safe passage?”

 

 
Williams Multiplex and Williams Preparatory Academy Middle School

Report:

“…the CEO has failed to comply with the applicable statutes, rules, standards and regulations relating to the closure of Williams Multiplex Elementary School and the Williams Preparatory Academy Middle School…This defalcation is caused by the CEO’s failure to establish that notice of her amended proposal to close the King Drive campus of Drake school and re-locate it…was never given as required by 10 ILCS 5/34-230.”

CPS Response:

“The Hearing Officer misapplies the definition of “school closure.” The potential closure of the 2722 South King Drive building is not a school closure under the statute or Guidelines and therefore does not need to be noticed as such.”

 

What do you think? Have the independent hearings officers made compelling cases to save 13 schools? Sound off in the comments, the forums or on Twitter “@ChiTownRvw