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Trumbull's day in court doesn't bring justice as U.S. District Judge Gary Feinerman rules that CPS can do just about anything it wants when claiming 'billion dollar deficits' and closing 'underutilized' schools

Jean Schwab - August 17, 2013

On Wednesday, August 7, 2013, Plaintiffs presented a strong case against the claims by Chicago Public Schools officials that Trumbull Elementary School (Ashland and Foster) had to be closed because it was "underutilized." The problem for Trumbull, according to many observers in the courtroom, was that U.S. District Judge Gary Feinerman sounded like he had decided the case even before the evidence was presented. This story reports on the testimony that was presented before the judge ruled, on August 12, that the Chicago Board of Education could close Trumbull.

The banner outside Trumbull Elementary School prior to the ruling by a federal judge in favor of the Chicago Board of Education's closing of Trumbull. Substance photo by Jim Cavallero.University of Illinois Professor Pauline Lipman stated that students from Trumbull would face immediate harm and they can’t expect a better educational outcome at McCutcheon, Chappell or McPherson. Lipman cited the Rand Study and University of Chicago Consortium study as two studies that found that students faced immediate harm unless they were placed in a much better school when changing schools. The immediate harm is in areas of attendance, academic harm in reading and academics. Trumbull students will not benefit but expect them to do worse.

Lipman stated she is aware of the welcoming schools McCutcheon, Mc Pherson and Cappell. Mc Pherson and McCutheon are both level 2 schools and Chappell is a level 1 school. Trumbell is a level three school. Although Trumbull has similar ISAT scores (and in some cases, better) than McCutheon and McPherson, after adding in Science, value added and weighted measures that can push a school from one level to another. One weighted measure is if a number of students don’t take the tests, it can push the school from one level to the next.

Lipman also testified that she oesn’t know how long these schools have been on their present level. The test scores used this year were test scores from 2011- 2012 but on the CPS website they are stated as 2012-2013. The 2012 -2013 scores have not been released.

U.S. District Judge Gary Feinerman was appointed to the court by President Barack Obama. The above photo appeared in the Crain's "40 under 40" feature.Judge Feinerman asked why the previous year data changed 2011-2012 ISBE 2013 cut scores? Ashly Fretthold- Cut scores are what level a student needs to meet or exceed state standards. Trumbulls composite score for meeting and exceeding standards in Reading, Math and Science on the 2013 ISAT test is:

Trumbull- 55.2

McPherson- 50.3

McCutheon- 45.8

Performance level- Trumbull did better than McPherson and McCutheon

Plaintiffs' attorney Ashly Fretthold asked Lipman: What reaction would you expect on the ISAT from the announcement that the school may be closed?

Lipman testified that according to one major study, the test scores would go down. Plaintiff- Ashly Fretthold What happened with Trumbull?

Lipman- They went up. Lipman- In New Orleans studies show (Christian Berth) destabililization came with the hurricane and school closing.

Lipman My research shows that when schools are closed it causes destabilization and disorientation. Lipman- Most of the schools closed are in poorer neighborhoods, already destabilized. Families are struggling trying to keep food on the table, deal with foreclosures and violence. The school is an anchor for the community.

Judge Frienerman- Andersonville is not a poor neighborhood.

Lipman- It is not a poor neighborhood but there are students from poor neighborhoods in the school. Relationships developed over a period of time are important. This can’t be fixed by ice cream socials and meet and greets.

Plaintiff- Ashly Fretthold What about mobility?

Lippman- What happens to children when their school is closed? Rand/Kushner states that relevant to school closings are the effects of mobility. There are two kinds of mobility. In one, Mobility by Choice, we don’t see negative consequences. However, "Forced Mobility" such as loss of job, eviction, school closing has harmful consequences. Charles Kobel states that each time a child moves from one school to another they lose four months. The attendance is lower and there are social/emotional issues.

Plaintiff Ashly Fretthold - Does the Rand Study have anything on this issue?

Lipman- the Consortium study found that mobility increased after schools were closed.

Lipman- Move of choice is not based on a higher performing school- it is based on what the school is like, warm teachers, close friends. The bulk of mobility is basically not a move of choice. Homeless children are in a mobile family. That’s why it is damaging.

Again the Judge interrupted. What about a child moved by parents from Ravenwood to Beverly? So are the parents that move children from the north side to Beverly bad parents?

Lipman: This could be damaging. They may be moving because a parent got a better job. In the case of school closings parents did not want the school closing. This is not a parent choice.

Judge. Moving of a child from Trumbull to McCutheon where they may move with their peers may not be as damaging?

Lipman- the stigma of transferring from a closing school, where they had relationships, to another Chicago school is not a choice, not for the parents or children. It is imposed on them by Chicago Public Schools.

The Board of Education's lawyers then examined Professor Lipman for the Defense. Lisa Mc Garity: Would you agree that most of your studies are on students of color and low income?

Lipman-yes

Defense- Lisa Mc Garity Would you agree that most of your studies have not centered on Special Education students?

Lipman-yes

Defense- Lisa Mc Garity Would you agree that you have written reports, books but none on students with disabilities?

Lippman- yes- that is not my expertise.

Defense- Lisa Mc Garity You would agree that there has been few studies on Special Education Students?

Lipman- correct

University of Illinois Professor Pauline Lipman (above, testifying at the hearing on the proposed closing of Carpenter Elementary School in 2009) has provided expert testimony on the harmful impact of school closings on children. Substance photo by Garth Liebhaber.Defense- You mentioned a study where the students were not SES?

Lipman- yes

Defense- Lisa Mc Garity the 2005-2006 study, consortium study showed the harm was during the announcement, during the year of the announcement? These closings will come later so that they would be no harm done?

Lipman: The Illinois School Facilities law ruled that school closings should be announced in November so it will give the students more time.

Defense- Doesn’t the harm depend on the new school?

Yes.

Defense- Lisa Mc Garity- Rand studies says that if students went to a higher performing school that the students can rebound from the harmful affects?

Lipman- yes

Defense- Lisa Mc Garity- More study needed?

Lipman- yes- because we need more information and that is why closing schools wholesale (is not a good idea.)

Defense- Lisa Mc Garity- - Did you review the students’, JN,AR, HR, IEPs particular needs for transitions?

Lipman- IEPs are not my expertise.

Defense- Lisa Mc Garity-Do you know why JN was placed where he was?AR,HR? in 2013? Do you know the schools chosen by the parents?

Lipman-no

Defense- Lisa Mc Garity-Exhibit 20-on Trumbull transition plan

Objection- July 8, 2013 closure of Trumbul was not turned over until last night. Objection by Charles P – who asked to have an exchange of exhibits by Aug. 22. This document was received at 4:30 and this is the first that we saw this document. It is not published on CPS website? Sally Scott Every document for school closings are on the CPS website. Judge- overrule objection. Often documents are delivered at the 11th hour. Tell me during break.

Defense- Sally Scott- I don’t agree.

Plaintiff- Charles Petrof – There were 5 documents that are significant.

Defense- Lisa Mc Garity- - May I approach the witness?

Have you reviewed exhibit 20?

Lip. No- I haven’t seen this document before.

Defense- Lisa Mc Garity-Did you focus on CPS- Planning for students at the welcoming schools. Lip. No this is not my expertise.

Defense- Lisa Mc Garity-Any information about transition supports that CPS is providing?

Lip. Studies show that it is more important to look at the welcoming school. I’m vaguely aware of the transition plans. Defense- Lisa Mc Garity-

There are 12- Special education and 85 general educations students going to Chappell.

Are you aware the CPS is investing $200 million in welcoming schools?

Lip. It is surprising to me because CPS has not invested in schools. It would be helpful to students to have air conditioners.

Defense- Lisa Mc Garity-Are you aware that 90% of parents have enrolled their children in other schools?

Lip – Parents have to enroll their children someplace.

Defense- Lisa Mc Garity-You said parents were against the closing?

Lip.- Parents were against the closings at the meetings I attended.

. Lip. I don’t know how parents feel now.

Defense- Lisa Mc Garity-Are you aware that clinicians are going to other schools?

Lisa Mc Garity-Are you aware that clinicians and teachers have been given jobs?

Lip. No, I’m not because I don’t know how that is relevant because if the clinicians are at another school working with other students, that’s a loss to Trumbull. Defense Lisa Mc Garity-Are you aware that furniture and teachers has been removed from one school to another?

Lip- I don’t understand the question.

Judge- In Chicago the practice is k-8 and 9-12

harming students from transitioning students twice. Lip- Some schools have middle schools- that’s matriculation. Studies say it is good that they only move twice and others say middle school is good because all the students are developmentally the same. Defense Lisa Mc Garity-Did the district harm students by making students move 3 times?

Lip- potentially harmful. Depends on the district - it could be a small district which may differ from an urban district where the neighborhood has a particular identity and moving students to another neighborhood with a different neighborhood identity. Judge- School districts where students go to the same k-8 then have a choice of several middle or high schools. You must keep a one time move rather than a move from middle school then to high school? Lip- Can’t answer because there are other factors.

Plaintiff-Meghan Carter- At the meetings you attended did you hear any parents that agreed with the closing of schools?

Lip- no

Charles Petrof- Plaintiff enjoined the closure of Trumbull’s 385 students revoked and all students assigned back to Trumbull- Everything goes back to the spring of 2013. Judge- What if parents want their child to stay at the receiving school? (the Judge said something about there only being 3 students left at Trumbull)

Charles Petrof- There is a procedure that parents wanting to transfer students can go through. Sally Scott Defense stated that there are multiple versions of the transition plan for Trumbull and the one shown to Lipman was not the one seen on the CPS website.

Charles Petrof Plaintiff Lawyer

Allison Burke – a realtor who lives in Andersonville neighborhood. Burke has a son r who attends Trumbull. Her daughter attend Pierce and when she tried to enroll her son, it was filled to capacity. So Burke enrolled her son at Trumbull. Her children do not have special education needs. Burke also is a member of Friends of Trumbull. Charles Petrof Plaintiff Lawyer Please estimates the size of Friends of Trumbull?

Burke- Hundreds of members. We may have 250 people on Facebook at any time. Charles Petrof Plaintiff Lawyer Any limitations on who can join Friends of Trumbull?

Burke- no, we have a diverse group of people. Charles Petrof Plaintiff Lawyer, What did you discover about Trumbull Demographics?

Burke- Hispanic, Asian, black and white people Closing would be a detriment to Trumbull

Charles Petrof Plaintiff Lawyer Closing would be a detriment to Trumbull. What do parents say about closing? Burke- I’ve spoken to hundreds that say they don’t want Trumbull closed. OBJECTION- HEARSAY- Judge- Not relevant to the issues of Trumbull closing. Charles Petrof- Why is Friends of Trumbull against closing?

Burke- People coming to Andersonville wants a neighborhood school. We are concerned about the 147 Special Needs children, the increase in parent involvement, the block clubs , businesses, and the fact that the ISAT has been better. Trumbull has several partners such as Roosevelt University who came in with a literacy Feast and came in and worked with teachers and students on literacy. We’ve had fund raisers in 2012 that raised $5000 and 2013 which raised $7,000. We incorporated so we could have a summer reading program. We couldn’t give the funds to Trumull school because it is closed. The business community was involved in Friends of Trumbull. They feel that closing Trumbull building will affect Clark street businesses. Edgewater Medical Center has been vacant and it has brought property values down. Charles Petrof- How did the closing impact on you personally?

Burke- We are thinking of moving.

Charles Petrof-What about the students?

Burke- It is a happy school, very nurturing school. My son learned to write his name there. Charles Petrof- How often would you observe students at Trumbull?

Burke- Five days a week when we picked him up. Charles Petrof- How do the students feel?

Burke- Sad- My son was sad. He loved his class. It was 50% general education and half Special Education. Charles Petrof- Since the announcement of the closing of Trumbull how many parents have you discussed the closing with?

Burke- Even as of last Saturday parents were asking what they can do to keep Trumbull open. I have talked to teachers and they have not found a job.

Charles Petrof-Are you aware of any teachers who stated that the school should be closed?

Burke- no

Defense- Abizer Zanzi- Is it true that Friends of Trumbull just opened a bank account?

Burke- We had the money to benefit the school itself. Defense- Abizer Zanzi- Does the closing of Trumbull cause any difficulty in the summer reading program?

Burke- no

Defense – Abizer Zanzi- Then would the closing make any difference in the fund raising?

Burke- Yes, we will not have a Friends of Trumbull or a reason to fund raise.

Plainfiff-Meghan Carter – Diane Parent of JN ( I think the Plaintiffs started then followed by Defense- Also I think it was Meghan Carter)

JN- My son has Downs Syndrome. He is high functioning in speech but needs to work on numbers and letters. JN went to kindergarten at Chappell in the mild to severe special Education program. There were many special education students at Chappel.

JN. Moved to suburbs with husband and he attend Freedom Elementary for first grade in Plainfield. I noticed a change in numbers, letters. He did well. He was there for two years. The teachers were the same teacher for JN in Speech. JN Divorced and moved back to Chicago . He spent third grade at Trumbull. First went to Chappell and told the process for enrolling in CPS Jamison Home District School at the end of Sept. Contacted Case Manager and had a meeting at Jamison. It took about a month to get JN in the school. Meghan Carter Plaintiff Why did Chappell recommend Trumbull? JN- It was a good school for JN because it had a high percentage of students with special Education program. It had speech, physical therapy

. Meghan Plaintiff Are you aware there are clusters at Trumbull?

JN. Yes- he was placed in the cluster.

JN- Yes he was placed in general education. Meghan Carter Plaintiff Did you ever mention this to anyone about wanting JN to go to Chappell? I asked if any Special Education students wee attending Chappell form Trumbull. JN- I spoke with the case manager at Chappell.

He told me it was none of my business. Plaintiffs-Meghan Carter Who was it that you talked to about JN attending Chappell?

JN- Mr. Vinti- case manager at Chappell. Plaintiff-Meghan Carter - Why did you want to enroll JN in Chappell? JN- Because I knew it was a good school and I had experience with Chappel

JN- McCutheon is in an area I used to live with a large crime level. I talked to staff at McCuteon.

Plaintiff-Meghan Carter When did you talk to Jenny from McCutheon?

Objection ? Overruled. JN I asked about enrollment. What was the head count for students for the coming year. I asked about the head count and about adding a building. I asked whether she had any experience in Special Education students. Plaintiff-Meghan Carter How will going to McCutcheon impact to you? JN- I will have to travel another 30minutes longer. Plaintiff-Meghan Carter How does you son feel about this?

He wants to stay at Trumbull and I do too, it creates stability.

Defense – Jennifer Smith Last year 2012 JN did not start school on the first day?

JN- no

Defense – Jennifer Smith He did not start school on the first day in Plainfield? JN- That’s Correct

Defense – Jennifer Smith -How long after school started did he start?

JN- one month

Defense – Jennifer Smith-Did he have an IEP/ Did you receive a copy from the school ?

JN- yes

Is this a complete copy of the IEP?

JN-yes

Defense – Jennifer Smith

When did he have the Meeting Oct. 12?

JN yes

Defense – Jennifer Smith Did he start school a week later?

JN- yes Defense – Jennifer Smith

Did he make progress?

JN Yes he made progress

Defense – Jennifer Smith

Did he attend general Education Classes? JN-yes

Defense – Jennifer Smith- Do you believe he would make as much progress if he is in a cluster full time?

JN-yes

Plaintiff- Meghan Carter- You have not taken your son to counseling?

JN no

Plaintiff- Meghan Carter-Why isn’t he in counseling?

JN- I don’t have the resources.

Lisa McGarity Defense-Rebecca Clark studied at Northwestern University. She studied Behavioal Specialist/Social Policy.

Defense- What is does you do in your job? Support field of schools that network structures, training on using the IEP , and observation of programs. Clark supervises a staff of 26 and works with neighborhood schools and four charter schools. Clark has worked for CPS 11 years – 8 years in the Support field and 4 years in her present job.

Denfense asked about IEPS

Clark – IEP is for children identified as special needs. There is a meeting to find specialized services for the child. Data drives and IEP. We will look at the data of an IEP and write the IEP. Parents have a right to file a Due Process with the individual hearing officer if they disagree. Defense- McGarity If a student moves is there a reason to rewrite an IEP?

Clark- Students move all the time. Defense- McGarity What about school proportionality?

Clark- School proportionality_ of general students in proportion to Special education students. CPS states that a school can have 30% proportion of special education student to general education but most classes and schools have 13% Defense- McGarity

When did you start working on closing schools?

Clark- Jan 13, 2013.

Defense- McGarity

Did you review all the IEPs? Clark eith myself or a staff member have been reviewing all the IEPs.

Defense- McGarity Are there special education students from Trumbull enrolled to go to Chappel next year?

Clark yes -12

Defense- McGarity- Are there general education students enrolled at Chappel next year?

Clark- yes 85

Defense- McGarity-How many Trumbull students have selected a school next year?

Clark- 94% of Trumbull’s students have selected a school for this fall. Defense- McGarity – Cluster Classrooms Clark- Cluster classrooms can provide services that they did not receive from neighborhood classrooms. Defense- McGarity Were special education students from Trumbull give a chance to enroll in Chapell?

Clark no, because Chappell had proportionality of more than 30% special education students. Defense- McGarity- Could you have sent 2 or 3 students to Chapell?

Clark no because parents wanted the students to stay together. Objection by Plaintiff- 702 She is not an education expert. – Judge- overruled. Clark – Proportionality and space. Chappell has students of lower functionality and Trumbull’s students are higher functioning. Defense- McGarity

Why were students placed at McCutheon? Clark – The kids at Trumbull are being transferred to Mc Cutcheon so they will be together. Plantiff – Objection- Clark is not an expert. Judge ruled that even though Clark is not an expert, she is the one making the decisions. Defense- McGarity Mc Cutheon has an annex? Shopwing a floor plan to Clark Clark- yes it will house the middle school general education students.

Defense- McGarity

Will Special Education Trumbull students be able to attend classes with their peers?

Clark- yes

Defense- McGarity

What about pull out classes ?

Clark – Pull out classes could be in any area. A pull out room could be used to calm, Lights to redirect students. Defense- McGarity Did Trubull have a Sensory room?

Clark: no Plaintiff- Did any students need a sensory room? Clark – no. Before the Judge sent everyone home, he told a story

What if a car went speeding down Foster Street and did not harm any one.? The car was speeding but no one got hurt?

Plaintiff Charles P response- People are hurt when property values go down, business goes down and Children’s schools are closed. (unsure) what he said.

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