Albany school board tables boys-only tutoring program pending legal review

The Albany City School District Board of Education on Monday tabled consideration of a proposed contract for a program targeted to identified male students, after multiple board members said they needed legal guidance on whether the program complies with nondiscrimination and equivalency requirements.

Board President Shrila Chatur opened the discussion on the consent agenda item the board had set aside for separate consideration and said a memo from Assistant Superintendent Brown had been circulated. Several board members said they had not received or had not had time to review the memo and asked for counsel’s opinion before voting. "I had some concerns about this program last time," said Ms. Krejci, board member, and asked that the item be delayed "until we hear back from council."

Paul Aloy, district legal counsel, told the board he had not yet reviewed the assistant superintendent’s memorandum but summarized the legal framework he would apply. "There is a requirement that we provide equal opportunities for all of our students in the district with respect to our programming," Aloy said. He added that exceptions can be permitted if a demonstrated need exists and the district addresses that need in an even-handed manner. "However, without knowing what's in the memo, I can't really address the legalities of that even handedness of the approach," he said.

Board members pressed staff for program details. Members said the proposal had elements that raised equivalency concerns: board materials described a program that would provide weekly tutoring and multiple field trips for identified boys, while district materials referenced a separate summer STEM program for girls. "My understanding is they have to be substantially equivalent programs and available to the same kids, not like a different program for girls at a different elementary school," Ms. Granger said.

Assistant Superintendent Brown said she would provide follow-up information and work with legal counsel. "I'll touch base with Mr. Aloy if there's any additional information that's needed," Brown said. Legal counsel said he had received the contract and guidance documents cited by staff — including OCR guidance and materials from the New York State Division of Human Rights — and that once he reviewed the assistant superintendent’s memo he expected to be able to opine "fairly quickly."

After a motion to table the item was made and seconded, the board voted unanimously to table consideration of the contract until the next regular meeting. "All in favor? Okay. Motion passes," the president said.

The tabling preserves the status quo while district staff and counsel complete a legal review and provide the board with the requested documentation. Board members also asked for clarification about whether the students identified for the program were already receiving district tutoring and academic supports through other avenues; staff said those students would continue to receive general academic supports even if this contract was delayed.

The board scheduled further review and expected counsel’s opinion and any additional materials from Assistant Superintendent Brown before the next meeting.