Eva Moskowitz and the Terrible, Horrible, No Good, Very Bad Month

Eva Moskowitz, founder and CEO of the Success Academy charter school network in New York City, is used to getting her way.

Since founding her first school in 2006, her network has grown to 34 schools with 11,000 students, and she is on track for 43 schools by next year with a goal of 100 eventually.  Her school lotteries were portrayed as the only hope of desperate parents in Waiting for Superman, a 2010 documentary/propaganda piece by David Guggenheim, and email records demonstrate that the administration of Mayor Michael Bloomberg lavished her with preferential treatment.  When both the state legislature and the office of Comptroller tried to exert legal authority to audit how Success Academy spends the public money it receives, Moskowitz has gone to court to block them – and won.  Her deep pocketed backers can raise millions of dollars on her behalf in a single night, and their donations to New York Governor Andrew Cuomo, along with donations from Moskowitz’s own political action committee, have guaranteed preferential treatment from the Governor’s office.

This treatment had tangible results early in the administration of Mayor Bill DeBlasio when Governor Cuomo rode to Moskowitz’s “rescue” after the new administration put a stop to 3 of 17 hastily approved Success Academy co-locations – one of which would have displaced severely disabled students from their school and into district schools far less able to serve them properly.  Moskowitz ran to the press, declaring that the new mayor had “declared war” on her and the entire charter sector, and a multi-million dollar ad campaign materialized practically overnight.  Moskowitz closed all of her schools to take parents and students to Albany for a rally on the same day that Mayor DeBlasio was in the state capitol rallying for universal pre-Kindergarten, and Governor Cuomo appeared at her side vowing to “save” charter schools.  It was later revealed that Governor Cuomo not only attended the Moskowitz rally, but also he essentially helped orchestrate from his office.  Later that Spring, Governor Cuomo delivered a budget package that required New York City to either house charter schools in public school buildings or to pay for their private space and that forbids charging such schools rent.  Recall that Moskowitz has fought tooth and nail to prevent anyone from knowing how she spends the public funds she collects.

Moskowitz has grown used to adulation in the media as well.  Jonathan Chait believes that Moskowitz is a “hero of social justice” and declared her schools “a staggering triumph of social mobility” – an odd claim for a school network that has not graduated a single high school student yet.  Chait chalks up opposition to Moskowitz solely to unions grousing that her non-unionized faculty have such staggeringly high test scores.  The New York Times’ Daniel Bergner authored a piece for the weekly magazine that was an astonishing exercise in hagiography, plainly ignoring almost any input he got that was not laudatory.  Interestingly enough, Mr. Bergner pretty much signaled his intention to write such an imbalanced piece in the comments section of this WNYC story — almost 6 months before his article in the Times was published:

Daniel Bergner from Brooklyn

There’s something bizarre about the way the charter school story tends to be reported by the New York media….Success, the charter organization that’s been most vilified by Mayor DeBlasio, has a stunning record of academic achievement. It’s a record that puts many traditional public schools to shame. This should come at the top of any story like this one by WNYC….Money matters, yes. But the biggest question is how a school run by Success in Harlem, a school that teaches mostly underprivileged kids, has managed to out-perform every single public school in the state on math exams. Let’s look closely at that. We all might learn something infinitely valuable.

In July of this year, billionaire hedge fund manager John Paulson, gave a single $8.5 million gift to the network for creating even more schools. My goodness, but it is good to be Queen.

But things have unraveled a bit for Moskowitz.  First, The New York Times ran a fairly comprehensive story in April covering the network’s record of very high standardized test scores and its similar record of extreme practices, including public shaming of students with low scores and practice test environments so high pressure that young children wet themselves. Moskowitz immediately wrote an email to her network’s employees to complain that the article, which included both positives and negatives, was “slanted” and that the Times was “out to get us.”  Moskowitz erroneously claimed that the article was the “first time” that the Times had given Success Academy “even moderate praise” — apparently forgetting the Sunday magazine feature by Daniel Bergner less than a year previously.  In her email, she continued her long standing habit of telling her employees and families that the outside world is out to get them: “We are disrupters, we are changing the status quo, and that threatens a system that has existed more or less unchanged for decades.”

The new school year began in a manner to which we have grown accustomed: Moskowitz’s political allies in the billionaire funded astroturf organization, “Families” for Excellent Schools, running hit ads on Mayor DeBlasio. The ads were racially charged, accusing the mayor of leaving over half a million students in “failing schools” (up from last year’s accusations of 140,000 students suffering that fate), and the ads drew immediate and harsh criticism.  Moskowitz used two scheduled half days of classes to provide students, families, and teachers as window dressing for different “Families” for Excellent Schools sponsored rallies, an action that would likely get any public school superintendent swiftly fired.  Moskowitz also teased the media early in October with a planned big announcement on the 7th, which turned out to be her stating that she would not seek the mayor’s office in 2017 as many of her supporters had anticipated.  Instead, she declared she would continue to focus on education where she compared the work of her network to the development of the iPhone.

Things went south rather quickly from there.

On October 12th, PBS Newshour aired a story by retiring veteran education reporter, John Merrow, detailing the use of repeated suspensions on children as young as 5 years old within the Success Academy network and accusations that Moskowitz uses her 65 infraction long discipline policy to repeatedly suspend students she does not wish to educate until parents withdraw them from school:

The piece, which includes lengthy segments of Moskowitz looking uncomfortable while claiming her schools don’t suspend students for many of the very minor infractions that are listed as suspension worthy (Mr. Merrow includes the entire disciplinary code, verbatim, on his personal blog), also included material from a mother and son who were willing to talk on camera about some of the incidents that led to his repeated suspensions from a Success Academy.  While those incidents were quite minor, his mother also speaks about her son having outbursts, allowing a reasonable viewer can infer that his full range of behavior was broader than discussed on camera, and the mother says her son was suspended in first grade for losing his temper.  The mother and son take up a grand total of one minute and 12 seconds in the over nine minute long story.  Although the story says their names, I am not going to do so for reasons that should be evident next.

Eva Moskowitz was not happy.

In a lengthy and accusatory letter to PBS that she posted to Success Academy’s website (and to which I refuse to link), she demanded an apology from PBS, disputed Mr. Merrow’s factual findings, and was especially incensed about the inclusion of material from the mother and son who were willing to go on camera.  She released a series of a email communications where she claimed Mr. Merrow misled her (although to my reading they also seem to indicate that she wanted practical editorial control over the story), and then she did something that any ethical educator should find completely unthinkable: she detailed specific incidents from the young man’s disciplinary record, including verbatim text of email communications from teachers about particular events.  PBS Newshour responded with a clarification that acknowledges the story should have allowed Moskowitz an opportunity to respond on camera to the allegations but that also defended the accuracy of Mr. Merrow’s piece overall.

The reason that I refuse to link to the Success Academy letter or to name the mother and son in this piece is because of a federal law that should have limited Moskowitz’s response to the Newshour segment.  The Federal Education Rights and Privacy Act (FERPA) forbids schools and school officials from releasing education records to anyone without prior approval from a parent or a student (if that student is over 18).  While I am not bound by FERPA in this matter, as a matter of ethics, I find it appalling that Moskowitz would respond to the situation by publicly releasing information on a child, now ten years old. While the mother and son did go on camera to discuss some of his disciplinary problems at Success Academy, they did not approve of the release of his full disciplinary record and FERPA is written in such a way that such express permission must be granted.  Even if one is inclined to think that Merrow did not play fair in his story, the only fully legal response from Moskowitz, and the only one Mr. Merrow could have aired, would be: “We cannot discuss his whole record without permission, but suffice to say, there was more going on than his mother said.”  It is also the only moral response, but Moskowitz has always had a scorched earth approach when it comes to her reputation.

Moskowitz was sent a cease and desist letter demanding the letter be taken down from the school web site and disputing a number of facts as portrayed in it.  In response, Success Academy put another letter on its website, claiming a “First Amendment” right to respond as they did, saying: “Success Academy had a constitutional right to speak publicly to set the record straight about the reasons that your son received suspensions.”  This interpretation is false as FERPA does not prevent them from responding, but it absolutely limits the legal content of that response.  As of October 30th, the Federal Department of Education has been sent a formal request to intervene in the case on the grounds of Moskowitz’s violation of FERPA and refusal to remedy the situation.

Moskowitz’s bad month was not over, believe it or not.

On October 29th, The New York Times ran a blockbuster story that the principal of Success Academy in Fort Greene, Brooklyn, Candido Brown, kept a list of 16 students entitled “Got to Go,” meaning they were students he wanted to leave the school due to their difficulties in adjusting to the strict disciplinary policies.  Kate Taylor’s story confirms that the mother of one student on the list was actually told that Mr. Brown would have to call 911 if her daughter, who was six years old at the time, continued to defy rules.  Nine students on the list withdrew from the Fort Greene Success Academy, parents reported their lives disrupted by constant calls to pick up their children early, and four of the parents told the Times they were directly told they should seek another school.  While the “got to go” list may have been restricted to Principal Brown’s school, other sources reported similar behavior at other schools in the network.  One principal told employees not to automatically send re-enrollment paperwork to certain families, and another source described a network attorney describing the withdrawal of a particular student “a big win” for the school.  Other sources described network staff and leaders “explicitly talked about suspending students or calling parents into frequent meetings as ways to force parents to fall in line or prompt them to withdraw their children.”

Moskowitz quickly threw together a press conference on October 30th with many of her network’s principals standing behind her and denied that Principal Brown was following Success Academy policy.  She affirmed her support for the tough disciplinary practices of her schools but insisted they were about having high standards and denied any intention to use them to drive away undesired students.  In an interesting twist, Moskowitz declared that, despite advice from others, she would not fire Principal Brown, asserting “at Success we simply don’t believe in throwing people on the trash heap for the sake of public relations.” (That fate after all, is reserved for Kindergarten children)  Principal Brown then took the podium in tears and took full responsibility for the “got to go” list, saying “I was not advised by my organization to put children on the list. I was not advised by my organization to push children out of my school.”  Moskowitz, true to form, sent an email to staffers on the 30th where she, again, accused the media of having “conspiracy theories” about Success Academy – because when faced with the slow unraveling of your organizational mythology, the best thing to do is harp about how outsiders are out to get you.

It is, honestly, puzzling that Success Academy would continue to go through this charade trying to convince people that they do not force students out as policy – given that in 2010, they pretty much admitted it in the open in a lengthy portrait of the growing network in New York Magazine.  Consider this from the last section of the article:

At Harlem Success, disability is a dirty word. “I’m not a big believer in special ed,” Fucaloro says. For many children who arrive with individualized education programs, or IEPs, he goes on, the real issues are “maturity and undoing what the parents allow the kids to do in the house—usually mama—and I reverse that right away.” When remediation falls short, according to sources in and around the network, families are counseled out. “Eva told us that the school is not a social-service agency,” says the Harlem Success teacher. “That was an actual quote.”

…. “They don’t provide the counseling these kids need.” If students are deemed bad “fits” and their parents refuse to move them, the staffer says, the administration “makes it a nightmare” with repeated suspensions and midday summonses. After a 5-year-old was suspended for two days for allegedly running out of the building, the child’s mother says the school began calling her every day “saying he’s doing this, he’s doing that. Maybe they’re just trying to get rid of me and my child, but I’m not going to give them that satisfaction.”At her school alone, the Harlem Success teacher says, at least half a dozen lower-grade children who were eligible for IEPs have been withdrawn this school year. If this account were to reflect a pattern, Moskowitz’s network would be effectively winnowing students before third grade, the year state testing begins. “The easiest and fastest way to improve your test scores,” observes a DoE principal in Brooklyn, “is to get higher-performing students into your school.” And to get the lower-performing students out.

So we’ve known this since at least 2010.  Eva Moskowitz does not believe in serving children with special needs as required by federal law, and the network openly scoffs at individualized education plans, blaming them on bad parenting.  Her schools don’t provide needed resources and counseling, favoring repeated suspensions and harassing parents until they leave.  Moskowitz, referencing special needs children, directly told teachers that the school is “not a social service agency.”

But we’re supposed to believe Principal Brown came up with his “got to go” list all on his own.

And just to make the month complete: Moskowitz is heading for another legal showdown.  This time, it is over her insistence that the city of New York give her money allocated for pre-Kindergarten providers but not require her to sign the city contract that every other provider, including other charter schools, has signed.  Success Academy already has 72 pre-K students, and the network would be eligible for $10,000 per student in funding, but city Comptroller Scott Stringer declared that Moskowitz cannot decline the contract that every one of the other 277 approved pre-K providers has already signed.  This is true to form for Moskowitz who has won other legal fights to prevent any state or city authority from oversight over how she spends the public money she receives.  Given how other charter providers have already signed the same contract, some grudgingly, this fight seems more geared towards maintaining her special status as the charter network entirely above public accountability of any sort than over much else.

I suspect that Moskowitz will bounce back from this month.  After all, she still has Governor Cuomo in her hip pocket (although he isn’t winning many popularity contests himself).  More importantly, she still has her billionaire backed political machine designed to bend public opinion and politicians to her cause, and there is no indication that they are going anywhere.  She is still the driving force behind the largest charter network in the city, and her goal of 100 schools is still probably attainable.  However, in a very real way, I suspect one thing is changing permanently.

Moskowitz is losing total control of her situation.

Success Academy is run in a very particular way.  It has a dynamic, forceful, and very visible personality at the top of the organization.  The policies, tone, and demeanor of the organization flow entirely from that person who exerts an extraordinary level of control of the operation right down to the classroom.  There is a very narrow band of acceptable behaviors and attitudes.  Teachers who embody those behaviors and attitudes can rise very quickly with some becoming school principals in their mid-20s, and students who do similarly well are rewarded with toys and other goodies. Those who do not thrive are subjected to rigorous and frequent “corrections” that either mold them into proper form or convince them to leave. The network has an arguably paranoid attitude towards “outsiders,” frequently declaring to themselves that figures in the press and public are out to get them because they have cracked the code and are disruptors of the status quo.  Those who leave and speak out about the network’s inside information are viciously attacked.

But Success Academy has grown far too large to keep the lid on everything now.  Moskowitz enrolls 11,000 students in 34 schools.  She has around 1000 teachers and staff.  With such numbers and given their policies, there will likely be 1000s of former “scholars” and 100s of former teachers in short order, and all of them are not going to be intimidated into silence about what they saw while there.  The simple fact is that Moskowitz absolutely cannot keep total control over what people say and know anymore, and it is her own policies of driving away students she does not want and burning out teachers that has put her in this position.  So even if she fully recovers from this month, I think it is likely we will see many more months like this.

The next couple of years will be interesting.