THE ASSEMBLY STATE OF NEW YORK ALBANY assonynan So" Bet April 9, 2010 i To the Commissioner of Education: Sten Please find below a Section 275.2 appeal on behalf of the many students in the public school district ofthe _Tsveraton City of New York, who in violation of the Commissioners’ Part 100 regulations cited below have and continue to be deprived of the benefits of music education atthe secondary level Petitioner: Assemblyman Alan Maisel, 2424 Ralph Avenue, Brooklyn, N.Y. 11234, Telephone (718) 968- 2770; fax (718) 968-2773 on behalf the Music Educators Association of New York City and the students of the New York City School System. Respondent: Chancellor Joe! Klein, 52 Chambers Street, New York, N.Y. 10007 1 State Regulation 100.4 @ 1 “Except as otherwise provided herein, all students shall be provided instruction designed to enable them to achieve, by the end of grale eight, State Intermediate learning standards through (ix) te aris, including one half unit of study in the visual arts and one half unit of study in music, 2) It can be deduced from or directly stated in the New York City Arts in Schools report 2008-2008 that 73 percent of k-12 schools do not have a music teacher 39 percent of grade 6-12 schools do not have @ music teacher 534 percent of middle schools do not have @ music teacher '53 percent of K-8 schools do not have a music teacher 3) Reduction of 12.8 percent of music teachers at this level between the 2004-2005 school years and 2008- 13009 schoo} years. An addition reduction of 2.8 percent has occurred between the 2007-2008 school year ‘and 2008-2009. 4) Discussion The degree of non compliance is startling. Section 100.4 (h) contains three models, all of which must provide “all students with instruction that addresses all of New York State eaming Standards of which 4 fare in the Ans, The loss of music positions over the last 4 years cannot be attributed to financial Considerations, The number of students who are not receiving mandated instruction in music may be far more than indicated by the above numbers as music teachers are likely to be teaching reading and rath to ‘eet the Chancellors mandated inereases in instructional time, The Chancellor's Schoo! and Principal report eards marginalize the impact ofa schools arts program to 1 or 2 percent out of 100. Guidance of how to program the above schools in, such a way as to meet the intermediate standards and the increased instructional time for Math and Language Arts has not been issued to the schools. The Categorical budget item know as “Project Arts” which set aside 63 million dollars that could only be used for new arts positions, equipment and supplies was eliminated wel before the economic crisis and was explained by the Chancellor as @ mean to teach “economic responsibility tothe pri 5) High School ‘New York State Education Deparment Policy Statement Nov. 2005, located after 100.5b (7) IV “Students nist have access to both music and visual arts instruction.” 6) Tecan be deduced fiom or directly stated from the New York City Arts in Schools Report 2008-2009 that '54 percent of high schools do not have any musie teachers. 16 percent of multi grade school 9-12 does not offer 2 arts disciplines 23% of multi grade schools 9°-12" grade do not offer music DISTRICT OFFICE: 2424 Ralph Ane, Booty, NewYork 11284-6517 «718.056.2770, FAX 718-968-2779 ‘nab OSPIGE Hoon 628, Ladle Gon Buia, Aor, New Yo 17248 + 51895-5211, PAK BASS ‘hal raed aeoniysaanys27% of high schools do not offer 2 art disciplines 73 percent of k-12 schools do not have a rmusic teacher 39 percent of 6-12 schoals do not have a music teacher 18 percent of high schools offer a6, 8 or 10 eredit sequence in music (state equivalent 3,4, or S units) 7) Discussion “The violation of state policy is clear. The basis, upon which schools that do not have even one arts teacher, brings into question the validity of any Regents diplomas that are issued. Altemative assessment cannot be valid in the absence of subject specific certified personnel to evaluate such applications. The absence of teaching staff coupled withthe lack of arts specitic supervisors, as indicated in the BEDS survey, makes the ‘valuation of alterpative means of earning eredit through oral exarnination, project or similar invalid. Relief Sought We ask for oversight of any corrective action plan, by the State Education Department, or an agency of city ‘overnment outside ofthe office of the Mayor or the Department of Education i, the City Comptroller or Public Advocate, . We ask that Commissioner Steiner, direct the Chancellor to implement a corrective action plan that will be far more robust than that articulated in the NYC Annual Arts in Schools Report 2008-2009 Suggested elements ofthis plan include 1. More appropriate weighing given to the arts within the Chancellors tools measuring principal and school performanee, to insure compliance with the provisions forthe arts in State Part 100 regulations 2, The establishment to a categorical graat to schools in excess of the 63 millon dollars allocated through Project Ants that can only be used for new ars positions, equipment and supplies. Stret monitoring to {insure that existing arts positions are not funded through this grant is essential 5, Fstablishment of fast tack path to teacher certification for students enrolled in music conservatories, oF ‘Veterans of the armed forces performing organizations Notice: ‘You are hereby required to appear inthis appeal and tw answer the allegations contained inthis petition ‘Your answer must confor to the provisions of the regulations of the Commissioner of Education relating {a appeals before the Cotnmisioner of Education copes f which are avaiable from the Office of Counsel New ork State Education Department, State Education Building, Albany, N.Y. 12234 Ian answer is not served and filed in accordance with the provisions of such rules, the statements rarsine inthe petition vill be deemed tobe true Statements, and a decision wil be rendered thercon by the commissioner. Please take notice that uch rules require that an answer tothe petition must be served upon the peifonst erctthe pettoner be presented by counsel, upon the counsel, within 20 days after service ofthe appeal sea that scopy of such arswer mus, within five days afer such service, be fled with the OfFce of Gauneel, New York State Education Department State Education Building, Albany, NY 12234 ogrely, Ne Marae Yess ee aaa