PUBLIC ADVOCATE FOR THE CITY OF NEW YORK Jumaane D. Williams May 4, 2020 Chancellor Richard A. Carranza New York City Department of Education 52 Chambers Street New York, NY 10007 RE: ACS Child Welfare Investigations Related the Utilization of Remote Learning Devices Dear Chancellor Carranza: I am writing to express concern regarding recent reports documenting incidents in which Department of Education (DOE) staff have triggered a child welfare investigation by the Administration of Children’s Services (ACS) due to families having difficulty obtaining or utilizing a remote learning device. I recognize the difficulties inherent in quickly transitioning the country’s largest school system from in-person to remote learning and commend the heroic work that the City’s teachers and educational staff have done in this aim. However, my office has received information that there are still students and families who have not received remote learning devices. A lack of proper guidance on how to utilize the device and a lack of reliable internet connectivity present additional barriers to successfully connecting to online learning platforms. As such, DOE staff should not default to filings suspected educational neglect when students are not reported present through remote learning attendance procedures. Rather, staff should first reach out to parents and guardians through all mechanisms available including but not limited to phone calls, emails, and written letters. To this end, please answer the following questions: 1. What initial outreach has been made to families with students not checking in for attendance prior to contacting ACS? Are multiple methods of communication utilized, including phone, and written letter? Is this outreach multilingual for cultural competency? 2. Once contact is made, what steps have been taken to ensure that the student in question is equipped with a remote learning device and has the necessary guidance and connectivity necessary to utilize the device? 3. It has been shared with us that every family that receives a remote device has to unlock the device itself before it can be used. Please explain how a family and/or student may unlock devices once received and how information about unlocking remote devices with an OSIS number has been communicated with families. Is this information being shared via written letters? What steps have been taken to make sure this language is accessible to the families receiving these laptops across the city? The Public Advocate also calls for the names of those families who have had cases wrongfully filed against them to be purged from ACS's system. This purging should be immediate, and should not be admissible in any pending court, housing, employment, or other matters that could adversely impact children and families. During this pandemic, it is vital that the DOE works collaboratively, not punitively, with families to address challenges associated with remote learning. It is crucial that we recognize the emotional trauma inflicted on families when a case is filed against them and the fact that simply having a case filed can have negative consequences on a family for years. While the DOE must fulfill its role as a mandated reporter, it must ensure that reports to ACS are made on the basis of abuse or neglect, not resource inequity. Because of the urgency for families in our city, I look forward to receiving your response within one week. For any questions or further discussion, please contact First Deputy Public Advocate for Policy Nick E. Smith, at nsmith@advocate.nyc.gov. Thank you. Sincerely, Jumaane D. Williams Public Advocate for the City of New York Cc: Commissioner David A. Hansell