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Why is JHS 226 Principal Rushell White Still in Her Position Despite Documented Wrong-Doing?

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JHS 226 in South Ozone Park 

In November I posted the article published in the New York Post about JHS 226 Assistant Principal David Possner, who is, he says, being harassed by Principal Rushell White (see re-posting, below). He filed a Complaint in Federal Court.

In his Complaint, Mr. Possner says:

"Despite his hard work and dedication, however, Mr. Possner was disgustingly subjected to blatant discrimination spearheaded by his fellow administrators at the Middle School. Indeed, the Principal of the Middle School, Defendant Rushell White, purposefully and callously targeted Mr. Possner, a
Jewish male, on the basis of his religion, race, and gender, with the clear intent to purge Mr. Possner from the Middle School. To that end, Defendant White (1) subjected Plaintiff to blatant verbal abuse; (2) permitted the Middle School's staff to torment Plaintiff who called Mr.Possner a "bad Jew" and told him he was on the "wrong side of God;" (3) subjected Plaintiff to physical abuse; and (4) went so far as to falsely report Mr. Possner for misconduct. Adding insult to injury, when Mr. Possner stood up for his civil rights, Defendants blatantly retaliated against him and have systematically turned Mr. Possner's world into one of torment. "


Currently, Ms. White has at least three of her teachers in 3020-a termination hearings at the same time, all for incompetency.  Two more are waiting for their hearings to begin. In addition to David's Federal case there is another teacher suing in Federal Court at this time (see below).

I believe that any Arbitrator that believes Rushell or her "friends" in her administration, namely AP Jennifer Shirley, are credible, is biased and should be cited as such in any Appeal. Rushell White sees in her observations only what is "bad" teaching in order to terminate the targeted educators. This much power needs accountability and there is none. Allow David Possner and the teachers cited as "incompetent" to leave a school environment that is toxic....allow senior transfers!!!!!

The public wants to know why a Principal who allows so much internal disorder and chaos should be allowed to stay in her position. How come, Carmen? Is Rushell White as connected to disgraced politician Ruben Wills as the rumor mill says she is?


Rushell White


MS 226 Principal Rushell White Calls Assistant Principal David Possner a "Bad Jew"
It would be my opinion that Rushell White and/or the CSA (David's Union) could have, or should have, quickly transferred David out of MS 226 before the case had to be filed in Federal Court with an Order To Show Cause. Waiting on this and harassing David Possner is not a solution, Principal White.

Give David Possner a chance to work without the bullying and transfer him!

Betsy Combier, 
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice

School worker files lawsuit alleging principal taunted him as ‘bad Jew’


MS 226








A Jewish school administrator claims in a federal lawsuit that he was “tormented” by his principal who considered him “on the wrong side of God.”
David Possner, an assistant principal at MS 226 in South Ozone Park, Queens, claims in the Manhattan suit that colleagues texted him about a work assignment during Yom Kippur.
Because he used his phone to read the text and reply — which goes against Orthodox custom on High Holy Days — they called him a “bad Jew.”
When he alerted Principal Rushell White, a Christian, to the harassment, she allegedly replied, “Maybe you are a bad Jew,” according to court papers.
White also allegedly “callously targeted” Possner, who is demanding a transfer out of the school.
She once ordered him to pick up a half-eaten plum off the floor in view of school custodians, who then teased him and texted that he should “pick up fruit stuck in their butts,” according to court papers.
When a student set off third-floor fire extinguishers during the 2012-13 school year, White accused Possner, although he’d been supervising kids on the first floor, he charges.
White said she had “one Jew too many” in the school, Possner claims.
The Department of Education declined to comment.
and then there is:


Rushell White and 



DOE Investigating Claims of Abuse at JHS 226: Report


LINK

The city Department of Education this week acknowledged that it is looking into whistleblower claims of physical and emotional abuse of students at the hands of administrators at a South Ozone Park junior high school.

According to a New York Post report, three assistant principals at JHS 226 allegedly roughed up and verbally berated children. In one incident, a special-education student was called “stupid”; three months after that, a witness said they observed a different assistant principal strike the same student and drag him through the Rockaway Boulevard school’s cafeteria, all while yelling, “I’m taking what is mine!” and “What are you going to do about it?!”

DOE spokesman Jason Fink said, “We take these allegations very seriously, and we are investigating the matter.”

This isn’t the first time 226 has garnered negative attention.

In 2012, the state Education Department investigated Principal Rushell White for allegedly ordering teachers to help students cheat on promotional English exams, according to a report in the New York Daily News.

Four teachers interviewed by the News said that White allegedly instructed educators to give students the test questions beforehand, and to let them have extra time to answer them.

In recent years, 226 has been co-located with a special-education school, Hawtree Creek Middle School and EPIC High School South. A 2013 Inside Schools review said, “JHS 226 is an unusually large middle school with uneven performance that has a history of issues with safety despite surveillance cameras, security guards and a reward program for positive behavior… The school has appeared on a list of ‘persistently dangerous’ schools in recent years and in 2012 a child accidentally shot pepper spray in the cafeteria, affecting about 30 students. Over half the students report physical fights are a common occurrence at the school on the Learning Environment Survey.”

 "EXCLUSIVE:  gangs of unruly teens ransacking South Ozone Park shops" from PIX11

"Fights at MS 226" from YOUTUBE

"ICEUFT BLOG" - scroll down to comments

 "REDFIN Junior High School 226 Virgil I Grisson? anonymous quotes

"Junior High Students Pepper-Sprayed"

 "Ms226 Joseph and Jordan Fight

"Officials Investigate Video of Kids Acting Wild at Queens School"

"Queens school being investigated for alleged abuse against students"

 "Queens school eyed for cheating on state exams"

"Rampaging teens caught on camera AGAIN flooding Queens neighborhood after school"


 "Rushell White, Principal" 

 "Sideman v. City of New York et al"

 Statistics - J.H.S. Virgil I. Grissom New York City Department"

 Ruben Wills



Teacher Alexiss Nazario Shows ISIS Beheading To Her 8th Graders, and is Fined $300

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South Bronx Academy for Applied Media
Alexiss-Nazario
A veteran teacher showed the ISIS beheading video to eighth graders. She was fined and now is an ATR.
New York City middle school teacher fined $300 for showing ISIS beheading video in class, report says
Updated March 19, 2016 12:19 PM
By
 The Associated Press
A New York City middle school teacher was fined US $300 for showing students a video of an Islamic State beheading, according to a published report.
The New York Post reports that Alexiss Nazario, a veteran teacher earning US $105,000 a year, showed the video to eighth-graders at the South Bronx Academy for Applied Media during the 2014-2015 school year.
Students told investigators probing the incident that the video blacked out the actual beheading but showed the victim's severed head afterward. The students said they were scared by the video. One called it "gross."
City Department of Education officials sought to fire Nazario, but an arbitrator ruled in favor of the lighter penalty of a US $300 fine. "This teacher demonstrated a complete lack of judgment, and this incident betrayed our schools' promise to provide a safe and supportive environment," department spokeswoman Devora Kaye said.
Nazario now works as a roving substitute teacher at different schools, officials said. There was no answer today at a phone number listed for Nazario. She told the Post she accidentally played the wrong video.
"I was scrolling looking for a specific video. I clicked on the wrong thing. It was a mistake. It was an error," Nazario said. "I freaked out. I had no idea that was playing."
Comments
God forbid awareness!!!!!!! We all know that the best way to make a problem go away is to ignore it. Just like cancer and drunk driving.
Like · Reply · 6 · 6 hrs
I agree. As young, ignorant 14-15 year olds learning about WWII, we would casually draw swastikas thinking they were "cool" and not understanding the real meaning behind them. In 8th grade History class we were shown uncensored WWII footage of the liberating soldiers walking through concentration camps. The only warning we were given was "if you're uncomforatble watching this, you may leave". That showed the real meaning behind the symbol and a real understanding of how unhuman people can be. Talk about eye-opening. Guess what? Many of those kids never drew one again.
Like · Reply · 2 · 5 hrs
We certainly don't want our children exposed to the truth about radical islam. How dare he!
Like · Reply · 3 · 6 hrs
Rob Kay · 
Omg! The nerve of this teacher for actually showing students what really goes on in this world when he should've been taking them to a happy place where people sing and dance all day and "coexist" (I really do hate that unrealistic word....lol). All Americans should watch that video. Maybe then they'll realize what is really becoming of the world and how these people think..
Like · Reply · 2 · 5 hrs
It is one thing to feel your kids should learn the truth ... it is another to abdicate your responsibility and allow a teacher to do all of it. Parents should have a say in what their kids see and hear in school. If you want your kids to see a beheading, that is your right. It is also your right NOT to have your kids see a beheading. This teacher claims it was an accident and if so, then the fine seems approriate, rather than the "rubber room" or termination. But please let us not stop being parents and expect the schools to do it all.
Like · Reply · 2 · 4 hrs · Edited
""This teacher demonstrated a complete lack of judgment, and this incident betrayed our schools' promise to provide a safe and supportive environment,"

Because shielding students from truth and reality is more far more effective in preparing them for the "real" world. 
We need more teachers like Nazario to reduce the spread of "sissy" syndrome.
Like · Reply · 3 · 4 hrs
a $300 fine I don't know how she can afford that much since she is only making $105,000

South Bronx middle school teacher fined, 

but will keep job after showing ISIS decapitation video to class


A Bronx middle school teacher who terrified and sickened her students by showing an ISIS decapitation video in class was slapped with a $300 fine, education department officials said.

Longtime South Bronx Academy for Applied Media teacher Alexiss Nazario aired the shocking video in October 2014 for her eighth grade students.

When the city education department caught wind of the showing they took such a dim view of it that they tried to fire Nazario. Education officials yanked Nazario from the classroom and assigned her to administrative tasks away from kids.

Nazario then languished in "reassignment" until November 2015. The independent arbitrator presiding over Nazario's case refused to fire her but hit her with a $300 fine after finding that Nazario "made a mistake in not previewing the video and failing to inform the principal or getting her permission to show it."

Nazario is currently assigned to the city's traveling corps of substitute teachers.

Nazario started at the DOE in 1988 and started at the South Bronx Academy for Applied Media in 2008.

She continues to draw her salary of $105,142.

bchapman@nydailynews.com

School Cheating Investigations

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School cheating investigations by New York State

Here are details on 432 closed investigations by the New York State Education Department into allegations of cheating on tests at elementary and secondary schools in the past decade. The table contains information about whether the allegations were ultimately verified or unverified, what actions were taken and how the outcome affected scoring for the exam or staff assignments. The D. Abrams and S. Katz referred to in many cases are current or former state education officials. Other names have been redacted (***** or #####).
Abbreviations for tests include ELA = English Language Arts; RE = Regents; RCT = Regents Competency Test; USHG = U.S. History and Geography; INTALG = Intermediate Algebra; SCI PTScience Performance Test.
The data was provided by the Education Department in response to a Freedom of Information Law request, and not all fields contain data. The list can be filtered by region, showing Long Island, the Westchester-Hudson Valley area, New York City or upstate.


Carmen Farina Says Special Needs Students and New Immigrants Can Opt Out of Statewide Tests

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NYC Chancellor Carmen Farina

Of course Carmen Farina wants parents of students who have Individualized Education Plans and/or are new immigrants to opt out of tests!!! She assumes that these groups of kids would not do well on the tests, and she wants all schools to look good (scrubbing of grades is happening throughout NYC).

That's my 2 cents.

Betsy Combier
Farina Says It's OK for Some Parents to Opt Out of Statewide Tests
by Amy Zimmer,  March 25, 2016
BROOKLYN — Schools Chancellor Carmen Fariña said it's OK for some parents to opt out of statewide tests in English and Math, which runs counter to her public stance against the growing opt-out movement, DNAinfo New York has learned.
Her comments were made at an invite-only meeting Thursday night with parents who are part of the opt-out movement in Brooklyn's District 15.
Students at the Bronx Academy of Promise
“I think there is a place and a time to opt out,” Fariña told the parents from the district that includes Carroll Gardens, Park Slope and Sunset Park where she was once superintendent.
She provided two instances where, she said, “I certainly as a parent would opt out,” according to a transcript posted on Facebook of the meeting held at the Park Slope office of City Councilman Brad Lander.
One was for children with special needs who have mandated services through an Individualized Education Plan (IEP). The other was for newly arrived immigrants.
Just 4.4 percent of students who were English Language Learners were deemed proficient in English and 14.6 percent were proficient in math,based on last year’s scores. Nearly 7 percent of students with special needs were proficient in English and 11.3 percent were proficient in math.
“A special ed parent, with a child with an IEP who has a very low frustration level, who no matter how much you’re going to do is never [going to] get to a certain level on this kind of test,” she said. “That’s not to say that they’re not going to have success in life and so forth but to sit through a test with maybe a level 1 or 2 reader … I think it is a little bit, you know, too much.
"So if I were that kind of a parent, I’d probably opt out.”
Fariña also said that she’s been fighting the state to eliminate the entireNew York State English as a Second Language Achievement Test, which is designed to assess the English language proficiency of all English Language Learners each year enrolled in grades K – 12.
"If I was a parent of a newly arrived immigrant, and I was taking the test after being in this country for one year, I’d say, 'What? Are you kidding?” Fariña said. “We want this changed … I want the NYSESLAT as a whole eliminated, but this particular criteria of putting kids through something that there’s no way they can succeed at, again that to me is an option [for opting out].”
Her words diverge from her previous statements as well as some recent actions of principals.
In August, when announcing the results of last year's state tests, Fariña said, "I don't believe in opt out. I believe that everyone needs to be assessed."
And last week a Williamsburg principal recently confiscated “refusing the test” forms a fifth grader was handing out to classmates and held an impromptu lecture telling students they couldn’t talk about opting out, parents said.
Since then, however, the tide has shifted with the recent election of Betty Rosa as chancellor of the state’s Board of Regents.
“If I was a parent and I was not on the Board of Regents, I would opt out at this time,” Rosa recently said, according to Chalkbeat.
As head of the Board of Regents, Rosa now oversees the State Education Department, which administers the tests.
City Department of Education spokeswoman Devora Kaye said that Farina has met with parents to listen, answer questions, discuss concerns and educate community members about the changes that have been made to the state tests.
She is discussing how the changes "are beneficial for students, parents, teachers and administrators,” Kaye said.
“Specifically, the Chancellor consistently stresses that there will be fewer questions, unlimited time as long as students are working productively and that test scores won’t determine promotion,” she said. “The data collected is critical to inform better instruction, and while it is ultimately a parent's decision, the Chancellor urges families to rest assured that many of their concerns have been addressed and that participation is important in order to hold ourselves accountable for progress.”
Many parents and teachers, however, have pointed out that the tests have been reduced by roughly two questions, and though the tests will now be untimed, the time spent taking them is unlikely to decrease. Third graders, for instance, are still expected to spend seven hours taking the tests.
Lander said he "thought Chancellor Farina did a great job explaining her point-of-view, discussing the changes that have been made to the State tests, and listening to the views of those in the room."
He said the parents "effectively expressed their strong opinions, and we are lucky to have such engaged parent leaders in our neighborhood schools. I give the Chancellor a lot of credit for coming out to share her views, and to listen."


War on the West Side: Anger Against and For PS 193 Principal Tami Flynn Divide a Community

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I continue to wonder what would happen if we had trained, respectful mediators handling problems in our New York City school district.

The bitter divide described below at PS 193 will leave people on all sides angry and frustrated no matter what the resolution is, and that is a sad testament to adults not wanting to listen to each other. The Department of Education is unable to handle protests, and will not settle differences before it is too late.
Principal Flynn, left

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice

Parents at PS 193 Gil Hodges Elementary School protest against Principal Tami Flynn. Others support her.

A School Divided: PS 193’s Dangerous War
By James Farrell on March 23, 2016
What happens when members of a school community give in to mistrust?
 
Vinny Nemorin, the Parents’ Association treasurer, was arrested for demanding his 7-year-old son not be denied using the bathroom
The town hall meeting on March 1 at PS 193/Gil Hodges elementary school in Brooklyn was marred by conflict all night. The battle lines were drawn between those who support the school’sprincipal, Tami Flynn, and those who are fighting for her removal. And it showed how quickly conflicts can escalate when a school community can’t resolve its differences.
Early on, a pro-Flynn faculty member yelled at an anti-Flynn parent for filming the meeting, threatening police intervention if the video wasn’t erased. Later, Jennifer Brown, co-president of the PS 193 Parents Association— the group that had called the meeting—took the floor and spoke for longer than the two minutes allotted to each speaker. Flynn’s supporters, a vocal minority consisting of parents and staff that filled the last three rows of the auditorium, started shouting in protest. Brown’s husband stood up. “This is my wife, she can talk as long as she wants,” he shouted. The Flynn supporters shouted back. The meeting was a visible sign of a bitter divide.
Problems at the school had surfaced about a week earlier. The Parent’s Association, in fact, ostensibly organized the meeting to discuss the incident that had set things off. The Association’s treasurer, Vincent Nemorin, says that a faculty member refused his second-grade son access to the bathroom back in February. When Nemorin arrived at the school at the end of the day, he says, he found that his son had soiled himself and had never been cleaned up. Then, on the morning of February 24, he approached the school to confront the faculty member. He ended up in handcuffs, sitting on the sidewalk by a police van in front of the school. With, he says, a slight concussion.

Mulgrew visits PS 193 Gil Hodges School, Feb. 2, 2010


But at the heart of the conflict is a difference of opinion over the performance of PS 193’s principal, Tami Flynn. To her detractors, the Nemorin incident is indicative of Flynn’s hostile leadership, which they say is based on retaliation, personal vendettas, and a closed-door policy that shuts parents out of the school. To her supporters, however, Nemorin’s incident was an unfortunate exception to Flynn’s otherwise friendly and open record as principal. The real bullies, they say, are the members of the Parent’s Association.
The conflict has only grown more divisive as time has passed, providing an example of how disagreements and mistrust in a school community can lead to something more damaging.
Principal Flynn, second from right, with the 70th precinct

Some parents complain that, after Flynn became principal, programming diminished at PS 193. The music program dissolved and there were fewer performances and concerts to bring families into the building. The Gifted and Talented program, a citywide program for advanced students, was hit the hardest. In the 2014-2015 school year, French classes were cut from the program, upsetting many parents. “One of the reasons we chose PS 193 was simply because they had the French curriculum,” Nemorin said.
Nemorin says he led the charge to restore the French program. He organized a group of parents, and together, they voiced their concerns at school leadership meetings. The French program was restored in part, meeting once a week instead of the usual twice a week. But Nemorin believes that his leadership made an enemy out of Flynn. “They were asking valid questions,” Nemorin said of his team. “And for that, I was blamed, and I was seen as an agitator.”
This past school year, Nemorin was elected to be the treasurer of the Parent’s Association. At the same time, Nemorin’s son began having numerous bathroom-related incidents. “The bathroom issue did not begin until this year and that was because I had become the treasurer of the Parents Association,” he said. He said that before his arrest, he had received special accommodations for his child to use the bathroom without restriction from superintendent Julia Bove. A list of parent concerns about Flynn distributed by the Association says that other children have also been denied bathroom usage.
Two videos surfaced after Nemorin’s arrest. One, taken by Nemorin, shows his confrontation with the faculty member. “You make sure you never impede his path again,” Nemorin warns the faculty member. As Nemorin walks away, a woman who he identifies as Flynn tries to stop him. “Let’s have a conversation,” she says. “Go back to New Jersey,” Nemorin responds, continuing to walk away.
Nemorin claims that he then left to go to work. Later, he says he received a phone call. “I was told, ‘there is an emergency concerning your child at the school, please come back to the school,’” Nemorin said. When he returned, he says, police officers were waiting for him. In a second video, taken by a witness, Nemorin stands calmly as the officers handcuff him. As he approaches the police van, he appears to slip, and begins screaming, “my head!”
One officer in the video responds that he didn’t see Nemorin hit his head. Nemorin said the injury wasn’t serious, but that a CAT scan revealed a minor concussion. “The principal, who’s been criticized recently over her conduct, her policies, her attitudes—I think that she might have overresponded, overreacted, to a legitimate claim from a parent,” said Stephen Flanhaft, Nemorin’s attorney.
Brown and other Association members say that at a February 25 meeting Flynn admitted to calling the police to deal with Nemorin. But parents who were at the meeting say that she has contradicted herself, and it remains unclear as to who called the police—or whether doing so was proper protocol. Brown and other Association leaders met with the District 22 superintendent, Julia Bove, on March 8. Brown said their policy questions were not answered. “What are the protocols in place for when a police officer is notified?” she asked. “I must have asked this five times and never got an answer.” Flynn was not available for multiple requests for comment by phone. A receptionist for Julia Bove said that there was no information being released to the press. A spokesperson for the Department of Education did not answer specific questions on policing protocol and referred only to the circumstances involving Nemorin. “We take this allegation seriously, and are investigating the matter,” the spokesperson said.
Police officers have been a common presence in schools since the Giuliani administration, which dissolved school security into the police department, according to Eric Nadelstern, a professor of educational leadership at Columbia University’s Teacher’s College. However, it is unusual for a school to call the police on a parent. “If a school staff member feels that their safety is in jeopardy, generally they notify a supervisor, and the supervisor notifies a school safety agent,” Nadelstern said. This agent decides if police will get involved.
The greater concern for the school, however, is the aftermath. “You would hope that what happens in this circumstance is that the principal in a PA meeting explains the circumstance,” Nadelstern said. “If that doesn’t happen, that’s the principal’s fault.” And according to Brown, this hasn’t happened. “She was told that she could not make a statement or a comment on the matter,” Brown said in a text message.
Brown claims that as many as two other parents have also had police officers called on them. NY City Lens could not confirm these cases. However, Georgina Doody, a grandmother of a PS 193 student, claims she and three other parents were recently escorted out of the building by 15 police officers. Doody and the others tried to attend the February 25 meeting where Flynn allegedly took responsibility for calling the police. They said they had heard that the meeting was open to the public, but upon arriving, were denied entry, and the officers came up to escort them out. “It was kind of intimidating,” Doody recalls.
Stacia Gregorio was outside the school when the police arrived. She took a video, dated on February 25, that shows at least 14 officers entering the building, and provided that video to NY City Lens.
“Parents are afraid to speak up because they know she is going to retaliate,” Brown said.
Flynn’s supporters agree that the climate at PS 193 has become more hostile. However, they blame the Parents Association.
Dorian Rodriguez, a parent at PS 193 and a supporter of Flynn’s, dismisses the notion that Flynn is unwelcoming or retaliatory. Rodriguez says that she has had numerous incidents with her child that have led to heated discussions, but that they never end poorly. Once, she said, her son was being bullied before picture day and ended up with a bump in his head. She says she approached the school angrily but tried to carry herself professionally and ultimately resolved the issue. “I’m upset, plain and simple,” Rodriguez said. “I go to Miss Flynn, her door was open.” Rodriguez believes that Nemorin’s advance was aggressive, and the fact that he chose to record it shows that the confrontation was premeditated.
Rodriguez also thinks the Parents Association is motivated by personal agendas. “I know Vinny pretty well. Him and Miss Flynn have a history,” she said. “I believe he used his son as a pawn to get to Miss Flynn.”
She added that many parents who support Flynn had never heard of any other complaints about the school before Nemorin’s arrest. “When one of their own members becomes arrested, all of a sudden all of these bad things about the school are coming out,” she said.
Other parents say they believe that the principal has a positive influence on the school. Alexis Regnier, a pro-Flynn parent, cites the fact that Flynn stands outside to greet the children every morning. “Rain, sleet, snow, shine, she is out there,” Regnier said. Regnier recalls how her child came late to last year’s annual Halloween parade, where the children are taken down the streets surrounding the school to show off their costumes to the neighborhood. Though the parade had ended, Flynn stayed out to walk Regnier’s child around herself. “This is what leadership is. Leadership is actually joining the line,” Regnier said.
Rodriguez and Regnier believe that the Association’s reaction to Nemorin’s arrest has been misguided and distracting. After Nemorin’s arrest, the Association announced on its Facebook page that it would rally outside the school every day until Nemorin’s first court appearance on March 17, and for the most part, they kept their word. “It’s one thing to voice your opinion and say, ‘I want to get rid of Tami Flynn,’” Rodriguez said. “It’s another thing to tear down the school.” Regnier pointed out that the bulk of the rallies took place during “Literacy Week” at the school, where parents volunteer to go read to the kids. “They were outside protesting instead of being upstairs in the library reading to the kids,” she said. “They say it is for the children, but what is this proof?”
Both sides believe that the hostile environment is hurting the children, but disagree over who is at fault. “They’re terrified at this point,” Brown said of her own children, citing a fear of police presence. “Teachers have contacted me anonymously and are terrified.” Rodriguez says that her son used to walk quickly to school, excited to start his day, but that seeing the Association’s rallies have made him tense. “He walks a little bit slower,” she said. “It just wasn’t like that before, because there’s such a separation between the parents.”
Carolyn Riehl, an associate professor of Sociology and Education Policy at Columbia’s Teacher College, said that situations like this, where potential litigation is involved, hurt trust in a school because superiors often silence school officials. “You’re no longer free to just say anything, including the truth,” she said. “Unfortunately, it’s just these kinds of situations where communication is so important and might help to diffuse the situation.” She added that research shows that trust in schools is important to create productive learning environments. “It’s much easier to break trust than to build trust,” she said.
Councilman Jumaane Williams, who was at the town hall meeting on March 1, must have understood those stakes. After Brown’s husband stood up to defend her, Williams tried to restore the peace, asking the children in attendance to stand up. “We love you,” he told them. The crowd nodded in agreement. But it didn’t last. An anti-Flynn parent made a comment about the pro-Flynn faculty members in attendance, and several stormed out of the room. The meeting ended with nothing resolved.


Peter Bregman on Holding People Accountable For Their Actions

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 The New York City Department of Education does not use or believe in "Accountability".

That's a problem.

Betsy Combier
betsy.combier@gmail.com
President, The E-Accountability Foundation
Creator, The A For Accountability AwardEditor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice



The Right Way to Hold People Accountable
Peter Bregman
John* was doing his best to be calm, but his frustration was palpable. Jeanine was explaining that there was little chance her group was going to make the numbers for this quarter. “Honestly?” she said. “The numbers weren’t realistic to begin with. It was really unlikely that we were going to make them.”
That’s when John lost it. “You agreed to the numbers in our budget meeting! You came up with them!”
Jeanine was silent for a while. Then she stammered out a weak defense that John promptly tore apart. Later, when John and I were debriefing the conversation, he asked me a question that I have heard countless times from countless leaders.
“How do I get my people to be more accountable for results?”
Accountability is not simply taking the blame when something goes wrong. It’s not a confession. Accountability is about delivering on a commitment. It’s responsibility to an outcome, not just a set of tasks. It’s taking initiative with thoughtful, strategic follow-through.
And it’s necessary at all levels of the hierarchy. Executives high on the org chart can’t really be accountable unless the people who report to them also follow through on their commitments. This a struggle, of course. I have seen leaders direct, question, and plead. I have seen them yell, act passive-aggressively, and throw up their hands in frustration — all in the service of “holding people accountable.”
None of that works. Getting angry with people when they fall short is not a productive process for holding people accountable. It almost always reduces motivation and performance.
So what can we do to foster accountability in the people around us? We need to aim for clarity in five areas:
1. Clear expectations. The first step is to be crystal clear about what you expect. This means being clear about the outcome you’re looking for, how you’ll measure success, and how people should go about achieving the objective. It doesn’t all have to come from you. In fact, the more skilled your people are, the more ideas and strategies should be coming from them. Have a genuinely two-way conversation, and before it’s over, ask the other person to summarize the important pieces — the outcome they’re going for, how they are going to achieve it, and how they’ll know whether they’re successful — to make sure you’re ending up on the same page. Writing out a summary is a good idea but doesn’t replace saying it out loud.
2.
 Clear capability. What skills does the person need to meet the expectations? What resources will they need? If the person does not have what’s necessary, can they acquire what’s missing? If so, what’s the plan? If not, you’ll need to delegate to someone else. Otherwise you’re setting them up for failure.
3.
 Clear measurement. Nothing frustrates leaders more than being surprised by failure. Sometimes this surprise is because the person who should be delivering is afraid to ask for help. Sometimes it comes from premature optimism on both sides. Either way, it’s completely avoidable. During the expectations conversation, you should agree on weekly milestones with clear, measurable, objective targets. If any of these targets slip, jump on it immediately. Brainstorm a solution, identify a fix, redesign the schedule, or respond in some other way that gets the person back on track.
4.
 Clear feedback. Honest, open, ongoing feedback is critical. People should know where they stand. If you have clear expectations, capability, and measurement, the feedback can be fact-based and easy to deliver. Is the person delivering on her commitments? Is she working well with the other stakeholders? If she needs to increase her capability, is she on track? The feedback can also go both ways — is there something you can be doing to be more helpful? Give feedback weekly, and remember it’s more important to be helpful than nice.
5.
 Clear consequences. If you’ve been clear in all of the above ways, you can be reasonably sure that you did what’s necessary to support their performance. At this point, you have three choices: repeat, reward, or release. Repeat the steps above if you feel that there is still a lack of clarity in the system. If the person succeeded, you should reward them appropriately (acknowledgement, promotion, etc.). If they have not proven accountable and you are reasonably certain that you followed the steps above, then they are not a good fit for the role, and you should release them from it (change roles, fire them, etc.).
These are the building blocks for a culture of accountability. The magic is in the way they work together as a system. If you miss any one, accountability will fall through that gap.
I’ve found that it’s useful to make this list public and to discuss it with the people you’re asking to be accountable before there’s a specific project on the line.
When I explained all of this to John, it was easy for him to identify the gaps in his communication with Jeanine. His expectations were clear, but her capability was lacking, which they had never addressed. Once they’d spoken about the gap, he could support her development with coaching while also reviewing her milestones more frequently. That gave him the data he needed to give her clear and timely feedback.
Remember the question we started with, the one that plagues so many leaders: “How do I get my people to be more accountable for results?”
Now there’s an answer: It depends. Which of the five areas have you neglected?
*Names have been changed.

Peter Bregman is CEO of Bregman Partners, a company that strengthens leadership in people and in organizations throughprograms (including the Bregman Leadership Intensive), coaching, and as a consultant to CEOs and their leadership teams. Best-selling author of 18 Minutes, his most recent book is Four Seconds. To receive an email when he posts, click here.


Independent Budget Office: Black and Hispanic Students, Poor Kids, English-language Learners and Children With Disabilities Denied Academic Resources

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NY Daily News: 

EXCLUSIVE: Minority students in middle schools being shut out of important academic resources

BY   

NEW YORK DAILY NEWS

Sunday, March 27, 2016, 4:00 AM


Black and Hispanic students, poor kids, English-language learners and children with disabilities have missed out on a wide range of academic resources in city middle schools, a new report shows.
An Independent Budget Office report — based on an analysis of city Education Department data — shows Big Apple junior high schools failed to provide those students with art and music teachers, advanced courses and Regents exams that advocates say would help them succeed in high school and beyond.
The statistics reveal an unfair divide where wealthier students and white and Asian kids have access to greater educational resources, said Alliance for Quality Education Advocacy Director Zakiyah Ansari.
“What this is really about is opportunity and allowing black and Latino children to succeed," Ansari said. "We need to provide these students with the opportunities they need to flourish."
The IBO study, obtained exclusively by The News, compares student demographics and academic outcomes for the academic year of 2012-2013, the most recent year for which the data was available when the study was begun.
That year, just 18% of city middle school students who qualified for free or reduced price lunches took advanced courses such as Honors Social Studies or Honors English Language Arts, compared to 33% of students who did not quality for lunch discounts.


Likewise, just 14% of black and Hispanic kids took those advanced courses in city middle schools, compared to 24% of kids of other ethnicities. Only 9% of English language learners and 8% of students with disabilities took the advanced classes.
Similarly low percentages of kids from those traditionally underserved demographic groups took advanced Regents exams in subjects such as algebra or American history in city middle schools that year. New York students must eventually pass Regents exams to graduate high school.
The report also showed that schools with higher percentages of black and Hispanic students, or kids who qualified for free or reduced price lunches, were less likely to have at least one full-time art or music teacher.
City Education Department spokesman Will Mantell said a number of efforts underway seek to address the issue, including a plan to offer algebra classes to all eighth-grade students and another program that has added full-time arts teachers to 94 middle schools since 2014.
“We will continue to invest in equity and excellence across all our middle schools,” Mantell said.
Black and Hispanic students, poor kids, English-language learners and children with disabilities have missed out on a wide range of academic resources in city middle schools, a new report shows.
An Independent Budget Office report — based on an analysis of city Education Department data — shows Big Apple junior high schools failed to provide those students with art and music teachers, advanced courses and Regents exams that advocates say would help them succeed in high school and beyond.
The statistics reveal an unfair divide where wealthier students and white and Asian kids have access to greater educational resources, said Alliance for Quality Education Advocacy Director Zakiyah Ansari.
“What this is really about is opportunity and allowing black and Latino children to succeed," Ansari said. "We need to provide these students with the opportunities they need to flourish."
The IBO study, obtained exclusively by The News, compares student demographics and academic outcomes for the academic year of 2012-2013, the most recent year for which the data was available when the study was begun.
That year, just 18% of city middle school students who qualified for free or reduced price lunches took advanced courses such as Honors Social Studies or Honors English Language Arts, compared to 33% of students who did not quality for lunch discounts.
Likewise, just 14% of black and Hispanic kids took those advanced courses in city middle schools, compared to 24% of kids of other ethnicities. Only 9% of English language learners and 8% of students with disabilities took the advanced classes.
Similarly low percentages of kids from those traditionally underserved demographic groups took advanced Regents exams in subjects such as algebra or American history in city middle schools that year. New York students must eventually pass Regents exams to graduate high school.
The report also showed that schools with higher percentages of black and Hispanic students, or kids who qualified for free or reduced price lunches, were less likely to have at least one full-time art or music teacher.
City Education Department spokesman Will Mantell said a number of efforts underway seek to address the issue, including a plan to offer algebra classes to all eighth-grade students and another program that has added full-time arts teachers to 94 middle schools since 2014.
“We will continue to invest in equity and excellence across all our middle schools,” Mantell said.
 How Much Do Public School Budgets Vary Across the City’s School Districts and Boroughs?

Friedrichs v California Teachers' Association: a 4-4 Tie in the U.S. Supreme Court Gives a Win to Public Unions

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Supreme Court hands win to unions, splits 4-4 without Scalia
Public sector unions triumphed before the U.S. Supreme Court on Tuesday when the justices preserved a vital source of cash for organized labor, splitting 4-4 on a conservative challenge that had seemed destined for success until Justice Antonin Scalia's death last month.
The case brought by non-union public school teachers in California had targeted fees that many states force such workers to pay unions in lieu of dues to fund collective bargaining and other activities. A loss in this case would have deprived unions representing teachers, police, transit workers, firefighters and other government employees of millions of dollars annually and diminished their political clout.
The outcome illustrated the impact on the court of the Feb. 13 death of Scalia, the long-serving conservative justice who almost certainly would have cast a decisive vote against the unions. But by virtue of splitting 4-4, the justices affirmed a 2014 lower-court ruling that allowed California to compel non-union workers to pay the fees.
"The death of Justice Scalia has proved a disaster for public sector workers who have their paychecks raided by unions," said Iain Murray, vice president for strategy at the Competitive Enterprise Institute, a conservative think tank in Washington.
The court, evenly divided with four liberals and four conservatives, left intact a 1977 legal precedent that allowed such fees, which conservatives have long abhorred. Conservatives for years have tried to curb the influence of public sector unions, which typically back the Democratic Party and liberal causes.
"The U.S. Supreme Court today rejected a political ploy to silence public employees like teachers, school bus drivers, cafeteria workers, higher education faculty and other educators to work together to shape their profession," said Lily Eskelsen Garcia, president of the National Education Association teachers union.
The case reached the high court after a Washington-based conservative group, the Center for Individual Rights, sued on behalf of lead plaintiff Rebecca Friedrichs, an elementary school teacher in Anaheim, and nine other teachers. They argued the fees infringed upon the free-speech rights of non-union workers under the U.S. Constitution.
'A DISASTER'
During Jan. 11 oral arguments in the case, Scalia was still on the bench, giving the court a majority of five conservatives. The conservative justices during the arguments voiced support for the non-union teachers.
It is the second case in which the court has split 4-4 since Scalia died, with more likely in the coming months, perhaps including major cases on abortion, voting rights and contraception insurance coverage.
It remains unclear when Scalia will be replaced. Senate Republicans have vowed to block confirmation of President Barack Obama's nominee to replace Scalia, centrist appellate judge Merrick Garland. Republicans fear Garland's confirmation would tilt the court to the left for the first time in decades.
At issue in the case decided on Tuesday were so-called agency fees equivalent to union dues, currently mandatory for non-union workers under laws in about half the states including California. The decision means the status quo remains, with the unions able to collect fees from non-union workers.
California's non-union teachers pay the union, which has 325,000 members, around $600 annually in mandatory fees for collective bargaining.
The non-union teachers' lawyers said they plan to ask the court to rehear case.
"With the death of Justice Scalia, this outcome was not unexpected," said Terry Pell, president of the Center for Individual Rights.
The split decision means there is "ongoing doubt about the constitutionality of its forcible collection of millions of dollars in dues," Pell added.
About 5 million public sector employees are subject to union contracts that include mandatory fee provisions, according to the National Right to Work Legal Defense Foundation, which backed the non-union teachers.
Organized labor had expressed worries that a ruling throwing out the fees would give employees less incentive to join public-sector unions because they would get all the benefits of collective bargaining undertaken by unions without having to pay for it.
The teachers who filed the lawsuit in 2013 asked the justices to overturn the 1977 Abood v. Detroit Board of Education Supreme Court ruling that allowed laws that permitted public sector unions to collect fees from workers who were not members as long as the money was not spent on political activities.
Agency fees are already banned in 25 states that have so-called right-to-work laws. In those states, unions still represent workers but membership rates are lower. Federal employee unions also cannot collect such fees.
The ruling comes as a relief to organized labor because unionized civil servants in states without right-to-work laws comprise its main power base.
The court last week also split 4-4 split in a loan discrimination case. Last month, Dow Chemical Co opted to settle a class action case pending before the court for $835 million, citing Scalia's death as a reason. Scalia was seen as a reliable vote for class action defendants.
(Reporting by Lawrence Hurley; Editing by Will Dunham)

Friedrichs v California Teacher's Association 


Vote
Author
Term
Jan 11, 2016
Tr.Aud.
4-4
Per Curiam
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by the American Federation of Teachers and American Association of University Professors in support of the respondents in this case.
Issue: (1) Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment; and (2) whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring that employees affirmatively consent to subsidizing such speech.
Judgment: Affirmed by an equally divided Court in a per curiam opinion on March 29, 2016.

SCOTUS blog Coverage
·         Union fees in jeopardy: In Plain English (Amy Howe)
·         Argument analysis: The question not asked (Lyle Denniston)
·         Argument preview: New threat to public-employee unions (Lyle Denniston)
·         SCOTUS for law students: Who speaks for Illinois? (Stephen Wermiel)
·         Symposium: Another battle in the war over union fees (Charlotte Garden)
·         Symposium: Correcting the “historical accident” of opt-out requirements (David Rivkin and Andrew Grossman)

Symposium: Public-sector union


Friedrichs v. California Teachers Association

·         Symposium: Overrule Abood to protect individual rights (Deborah La Fetra)
Petition of the day (Maureen Johnston)
Date
Proceedings and Orders
Jan 26 2015
Feb 19 2015
Order extending time to file response to petition to and including April 1, 2015, for all respondents.
Feb 24 2015
Feb 27 2015
Feb 27 2015
Feb 27 2015
Feb 27 2015
Feb 27 2015
Waiver of right of respondent Elliott Duchon to respond filed.
Mar 2 2015
Mar 2 2015
Mar 2 2015
Mar 2 2015
Mar 30 2015
Waiver of right of respondent Kamala D. Harris, Attorney General of California to respond filed.
Apr 1 2015
Apr 14 2015
Apr 15 2015
DISTRIBUTED for Conference of May 1, 2015.
Apr 27 2015
Response Requested . (Due May 27, 2015)
May 27 2015
May 27 2015
May 28 2015
Letter dated May 28, 2015, from counsel for petitioners received waiving 14-day waiting period pursuant to Rule 15.5.
Jun 1 2015
Jun 2 2015
DISTRIBUTED for Conference of June 18, 2015.
Jun 16 2015
Rescheduled.
Jun 22 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 25 2015
DISTRIBUTED for Conference of June 29, 2015.
Jun 30 2015
Petition GRANTED.
Jul 7 2015
The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2015.
Jul 7 2015
The time to file respondents' briefs on the merits is extended to and including October 26, 2015.
Jul 21 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 24 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents California Teachers Association, et al.
Jul 27 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Kamala D. Harris, Attorney General of California.
Sep 4 2015
Joint appendix (2 volumes) filed. (Statement of costs filed)
Sep 4 2015
Sep 9 2015
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for Elliott Duchon, Superintendent, Jurupa Unified School District.
Sep 10 2015
Sep 10 2015
Sep 10 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 11 2015
Sep 25 2015
Letter of Carolyn E. Shapiro, Solicitor General of Illinois received. (Distributed)
Oct 1 2015
Letter of Jason Barclay, General Counsel to the Governor received. (Distributed)
Oct 9 2015
Letter of Carolyn E. Shapiro, Solicitor General of Illinois received. (Distributed)
Oct 19 2015
Application (15A422) for an extension of time within which to file petitioners' reply brief on the merits, submitted to Justice Kennedy.
Oct 21 2015
The time to file respondents' briefs on the merits is further extended to and including November 6, 2015.
Oct 21 2015
Application (15A422) for an extension of time within which to file petitioners' reply brief on the merits is GRANTED by Justice Kennedy, and the time is extended to and including December 14, 2015.
Nov 6 2015
Nov 6 2015
Nov 6 2015
Nov 12 2015
Nov 12 2015
Nov 12 2015
Nov 12 2015
Nov 12 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for enlargement of time for oral argument, and for divided argument filed.
Nov 13 2015
Motion for divided argument filed by respondent Attorney General of California.
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 13 2015
Nov 24 2015
SET FOR ARGUMENT on Monday, January 11, 2016
Nov 30 2015
Motion for divided argument filed by respondent GRANTED.
Nov 30 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is divided as follows: 40 minutes for petitioners, 15 minutes for the Union Respondents, 15 minutes for respondent Attorney General of California, and 10 minutes for the Solicitor General.
Dec 4 2015
Record requested from U.S.C.A. 9th Circuit.
Dec 11 2015
CIRCULATED.
Dec 14 2015
Jan 11 2016
Argued. For petitioners: Michael A. Carvin, Washington, D. C. For respondent Attorney General of California: Edward C. DuMont, Solicitor General of California, San Francisco, Cal. For Union Respondents: David C. Frederick, Washington, D. C. For United States as amicus curiae supporting respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, 
D. C.




Victory for Unions as Supreme Court, Scalia Gone, Ties 4-4

 
Michael Mulgrew, UFT President

Teachers unions dodge a bullet with Supreme Court’s split decision


The Supreme Court delivered a major victory Tuesday to public unions, like the city teachers union, that will allow them to continue collecting fees even from members who want to opt out.

“The unions have dodged a bullet,” says David Bloomfield a professor of education, law, and public policy at Brooklyn College and the CUNY Graduate Center. “It potentially could have seriously damaged the collective bargaining position of unions in school districts across the country.”

The case was brought by 10 California teachers who argued that they shouldn’t be required to pay fees that support union positions to which they object, and which finance collective bargaining. Many observers assumed the court’s conservative wing would significantly limit the collection of union fees, but the recent death of Justice Antonin Scalia left the court with a 4-4 split, effectively leaving the lower court’s pro-union ruling intact.

Local education experts and teacher unions called the decision a win, but said it also raises the stakes of the upcoming presidential election — and warned that the unions’ fight is not over.

“The U.S. Supreme Court has protected your voice and your ability to join together to negotiate good wages and benefits and to fight for what our students need,” Michael Mulgrew, president of the United Federation of Teachers, wrote in a letter to union leaders immediately after the decision.

But he cautioned that the 4-4 decision could still be challenged, and that “well-funded” interests were likely to continue the fight. “Today’s ruling won’t stop them,” Mulgrew said.

New York City teachers, along with guidance counselors, school secretaries, and a host of other school staffers, have some amount taken from their paychecks equivalent to union dues — a requirement of state law. Almost all of those who pay are union members: Carl Korn, spokesman for NYSUT, the state teachers union, said less than 3 percent of teachers statewide pay those fees but remain unaffiliated with a union.
A ruling against the unions would have allowed members to refuse to pay those fees, weakening union finances. Such a decision would have had less of an impact in New York than in other states, Bloomfield noted, because the state’s strong union sentiment and relatively high teacher wages would reduce the incentives for teachers to refuse the fees.

Still, if a conservative judge replaces Scalia, it is possible the court could take a similar case and deliver the blow to organized labor that many pro-union groups fear.
On Tuesday, Mulgrew said that the U.S. Senate should give Merrick Garland, President Barack Obama’s moderate pick to replace Scalia, a fair hearing. Republican Senate leaders have said so far that they will not consider a nominee during Obama’s presidency.

“It’s perhaps a temporary victory,” added Bloomfield, “but given the unknowns regarding the composition of the Court in the coming years, it’s no less important.” 



"Out of Time" Schools Will Force Hundreds of Teachers to Reapply, Retire, Resign, or Whatever

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Herbert Lehman High School

Hundreds of teachers must soon reapply for their jobs at six troubled schools






About 420 New York City teachers and guidance counselors will have to reapply for their jobs this spring at six bottom-ranked schools that were given the grim label “out of time”by the state.

The state-ordered rehiring process, which is rare for tenured teachers, could lead to major staff shakeups and recruitment challenges. When two other long-struggling schools were forced to undergo that process last year, a majority of teachers chose to leave or were not rehired

 State officials have said the process is meant to replace any “unwilling or ineffective” staffers at these schools, where the average graduation rate last year was nearly 27 points below the city average. (At the one middle school in the group, J.H.S. 80 in the Bronx, only 5 percent of students passed last year’s state math exams.) But finding teachers to replace those who leave can be difficult.
Principal Caterina Lafergola

Last year, 24 of 38 teachers at Automotive High School in Brooklyn left after the rehiring process, in most cases because they decided not to reapply. Now, about 40 percent of the struggling school’s teachers are beginners, according to Principal Caterina Lafergola.

“Many of the schools that are going through the rehiring have a stigma attached to them,” she said. “It’s very hard to recruit strong candidates.”

The six schools are Herbert H. Lehman High School, Banana Kelly High School, J.H.S. 80, and Fordham Leadership Academy for Business and Technology in the Bronx; along with August Martin High School and John Adams High School in Queens. Those six were designated by the state last year as “out of time” because they have gone so long without making significant improvements, joining Automotive and Boys and Girls High School, which were identified a year earlier.

State officials have made clear that the schools must make rapid gains or they risk being shuttered. The schools, which are part of the city’s “Renewal” improvement program, were forced to lengthen their days, and teachers were required to undergo additional training during the school year and summer.
The pressure appears to be taking a toll on some staffers. When principals at the six schools had to reapply for their jobs last summer, at least one chose not to reapply and others decided to retire, according to the principals union.
Now some teachers are questioning whether they want to return. A teacher who has worked at one of the high schools for nearly a decade said he has decided not to reapply because of changes in the school administration and the added scrutiny on the school.

“You walk down the halls and people are just saying, I’m not reapplying to this,” he said. “I’m not coming back to this school.”

Some staffers have been asked to submit resumes, letters of recommendation, and work portfolios, teachers said. Then they must be interviewed by selection committees that include the principal, teachers union representatives, and education department appointees.

The job uncertainty has darkened the mood at some schools, said Jeffrey Greenberg, a math teacher and union representative at Lehman High School.
“Normally this time of year we’d be talking about how we’re going to get our kids to improve on their Regents scores,” he said. “That conversation is not being done now because our life, in many ways, is in front of us.”

According to an agreement between the city and teachers union, any teachers who decide not to reapply or are not rehired — and who do not find positions elsewhere — will be assigned to another school in their borough that has an opening for which they are licensed. Unlike teachers in the city’s Absent Teacher Reserve, who are paid by the city as they rotate among schools until they find a permanent placement, the out-of-time school teachers will remain at their assigned schools for the entire school year.

If principals want to remove an assigned teacher, a superintendent and teachers union representative must sign off — an arrangement some critics have compared to former policy called “forced placement,” where the city sent displaced teachers to schools without principals’ input. But city and principals union officials say the new process is different because the placements are not permanent, the city pays the teachers’ salaries, and principals can assign the teachers any role, not just as classroom instructors.

Education department spokeswoman Devora Kaye pointed out that the city-union rehiring deal does not stipulate that a minimum number of teachers be rehired, and added that the city would organize recruitment events during the spring and summer.

“To effectively turn a school around, there must be the right leadership, the right teachers, and the right school staff to improve student achievement,” she said in a statement, adding that the city is “working closely with each school during the hiring process to support educators while holding them accountable.”

Update: This story has been updated to reflect revised figures from the education department. About 420 teachers and staffers will have to reapply for their jobs, not 500.


The Tragedy of Bullying: Death At Manhattan Village Academy

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The Department of Education's policy of pooh-poohing student bullying, harassment and abuse as the fault of the teacher or no one, has claimed another victim.






Bullying is always sad.

But when the bullying leads to a senseless death, then someone must be held accountable.

Aileen Jiminian, 17, jumped in front of a train on Thursday because she was bullied too much, say fellow students at the Manhattan Village Academy.

The Principal, Hector Geager, tried his best to keep the tragedy a secret and evidently went from room to room saying that there was an "accident". He sent out a letter to all families, begging the students to not post anything about the sudden death on any social media. Someone at the school sent it to me:


Students feel guilty after bullied teen jumps in front of train


A Manhattan student who was bullied by classmates slipped out of school during lunch hour — and killed herself by stepping into the path of a subway train, The Post has learned.
Aileen Jiminian, 17, a senior, left the Manhattan Village Academy campus in Flatiron on Thursday and climbed onto the tracks at the 23rd Street Station on Seventh Avenue, where she was fatally struck by a 1 train at around 12:30 p.m., police said.
“She wasn’t in my grade, but I know that other kids would pick on her,” a student said Monday.
“It’s really sad. She would get called stupid or ugly or awkward. Some kids are just really mean.”
Several students went to the school’s grief counselor and said they were upset with themselves over “how they treated her,” said a Manhattan Village Academy source.
“Some of the students were feeling guilty because they were so mean to her,” the source said.
School staff told students not to discuss Jiminian and described her death as an “accident,” according to the school source.
“We were told not to talk about her or what happened,” a student said.
“Our teacher told us last week that she got into a bad accident.”
The school sent out a letter to students’ families on Monday informing them that Jiminian had “passed away.”
“This loss of Aileen is sure to raise many emotions, concerns, and questions for our entire school, especially our students,” reads the letter, which was signed by the school’s principal, Hector Geager.
It ends with a plea to parents to ask their kids not to post anything about Jiminian online.
“Please, at the request of Aileen’s family, impress upon your child not to post any information regarding this tragedy on social media,” the letter says.
Jiminian was a 2016 semifinalist for the New York Times College Scholarship program. She had a twin sister who attends the school.
Manhattan Village Academy referred all questions to the Department of Education.
“I am deeply saddened by the tragic loss of one of our students and my heart breaks for her family and the entire school community at Manhattan Village Academy,” Schools Chancellor Carmen Fariña said in a statement.
“We are working closely with the school to provide crisis resources to support and comfort those grieving during this very difficult time.”
Additional reporting by Susan Edelman and Danika Fears


Geager is no stranger to wrong-doing, as a previous NY POST article proves:

September 6, 2011 | 4:00am
SLAP ON THE WRIST: Manhattan Village Academy Principal Hector Geager was fined for illegally expelling a student.

The city cut backdoor deals with a handful of misbehaving principals last year rather than seek stiffer penalties through disciplinary hearings, records obtained by The Post show.
Among those who signed hush-hush agreements with the Department of Education was Manhattan Village Academy Principal Hector Geager — who dealt with a troublesome student by altering her transcript, handing her a diploma and illegally expelling her three months shy of graduation.
The student, whom Geager also barred from prom and graduation, told officials that the popular principal had “simply given her the passing grades to get her out,” according to an internal DOE probe.
Before even filing charges last year, however, DOE officials reached an agreement not to pursue further discipline against Geager if he simply paid a $10,000 fine.
Geager, who remains principal of a school that boasted a 98 percent graduation rate last year, did not respond to an e-mail seeking comment.
But critics say these types of plea bargains highlight an increased hesitancy by the DOE to forcefully discipline wayward principals ever since it granted them more authority — and took on a greater role in selecting them — several years back.
“The Bloomberg Department of Ed can’t define ‘accountability’ to simply be rating students and teachers with standardized tests,” said Patrick Sullivan, the Manhattan appointee to the Panel for Educational Policy. “Transgressions of administrators need to be addressed in a fair and transparent fashion rather than hidden to avoid embarrassment to the adults in the administration.”
Other deals reached last year include one for former HS for International Business and Finance Principal Juan Alvarez, who tackled a student in The Bronx school and e-mailed an anti-Semitic rant to a fellow principal. Alvarez was demoted but allowed to stay around students as a teacher.
DOE spokeswoman Barbara Morgan said the agency takes principals’ work histories and the facts of each case into account, and added that officials felt the school leaders had been properly held accountable.
“These settlements allowed us to move forward quickly, so that the schools could focus on teaching and learning, without these matters serving as a distraction,” she said.
Additional reporting by Amber Sutherland and Lachlan Cartwright
Case Study # 1
A Department of Education probe confirmed that Iris Blige, principal of the Fordham HS for the Arts, instructed assistant principals to give poor ratings to teachers without actually observing them. Blige signed a deal agreeing to pay a $7,500 fine.
Case Study # 2
Investigators found Maria Penaherrera of PS 114 had rigged bids and mismanaged the school onto the city’s closure list. But she’s off the hook because she agreed to be demoted to assistant principal — with the opportunity to earn tenure next year.

The Talented Peter Ianniello, Director of Human Resources at the Department of Education, and Also Cabaret Singer

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Aren't we all excited to see that Dr. Peter Ianniello also sings?

Please let me know when your next gig is, Peter, and I will bring friends and family -

All the best,

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice



NYC Life: Shows, Discounts, Conferences, Good Causes

We love autumn in New York and there are so many great things going on right now our head is spinning. Here a few events – shows, discounts, conferences, and good causes –  we’ve handpicked just for you tomatoes.  

OMG! Then there is:

I was a Teenage Substitute

“I Was a Teenage Substitute”: What does Substitute Teaching Mean Today?

I was a Teenage Substitute
Peter Ianniello, PhD, Executive Director of Human Resources at the New York City Department of Education, as a teenage substitute.
Recently, at TeacherMatch’s Solutions Summit 2015 in Miami, Florida, I had the pleasure to hear keynote speaker Peter Ianniello, PhD, Executive Director of Human Resources at the New York City Department of Education (DOE), discuss substitute teacher hiring in his presentation titled “I Was a Teenage Substitute.”
With his opening sentence  “Once upon a time in a land known as the Bronx, a cute, Italian 16-year-old teenager longed to be a substitute teacher,” the audience had a good laugh. But more importantly the audience was engaged in discovering the answer to the question, “What do we know about substitute teachers?”
With Peter’s experience, along with our own knowledge of K-12 HR, we can provide meaningful insight into today’s substitute teachers.
Not just a warm body.According to ERIC Digest, members of the K-12 school community view substitute teachers as baby-sitters, objects of pity, or just a warm body in the classroom. Rarely are substitute teachers seen as effective educators.
Credentials for substitutes may include certificates, criminal background checks, college transcripts and health certificates, but vary between school districts. Yet, U.S. teachers take off an average of 9.4 days each school year and the average student has a substitute teacher in the classroom for more than six months of their entire school career.
As a result, it is critical to hire substitute teachers that will positively impact student achievement in the classroom. School districts do this by hiring full-time substitutes that fill classrooms in the same district schools, or fill in for a specific subject area. Sometimes these substitutes may assist with curriculum development and lesson plans
Support systems for substitute teachers.According to “Expectations and experiences of Substitute Teachers,” an article from The Alberta Journal of Educational Research that explores the expectations of support for substitute teachers, “Not only are substitute teachers kept on the margins in schools, they also encountered barriers building communities of support among other substitutes. As outsiders, these substitute teachers were marginalized and isolated in the school, which translated into them being denied access to vital knowledge of school culture.”
While a substitute’s work often goes unnoticed, substitute teachers fulfill a central role in K-12 classrooms. Districts that make substitute teaching exciting and provide personal satisfaction for subs create a more enriching working environment, which can and often times is reflected in their performance in the classroom.
Peter Ianniello, PhD, Executive Director of Human Resources at the New York City Department of Education, presenting at TeacherMatch's 2015 Solutions Summit
Peter presenting at TeacherMatch’s Solutions Summit 2015 in Miami, FL
At the New York City DOE, Peter and his team assessed the needs of their substitute teachers. They surveyed approximately 6,920 substitutes and the results indicated areas of professional development (PD) requested by their subs. These areas were classroom-related education workshops, personal growth and development, and professional and behavioral courses. Consequently, New York City DOE will use this information to create professional learning programs and a PD library that includes relevant and current articles, classroom management tools, policies and procedures, and research, which support the needs of their substitute teachers.
All told, substitute teaching today is about utilizing the strengths of substitutes to fill classrooms with individuals that are just not a warm body, and to provide substitutes support programs that develop their personal and professional growth. To learn more about how Peter Ianniello, and his team are accomplishing this in one of the U.S.’s largest school districts, download Peter’s presentation from our 2015 Solutions Summit.



ALERT: Peter Ianniello Makes All His YouTube Videos Private
Suddenly Peter Ianniello doesn't like to be on YouTube as much as I thought. Or, he doesn't want to be on MY blog on YouTube. Or whatever.

Anyway, all of Dr. Ianniello's YouTube appearances are now private. (By the way, is this you, Peter?)

Peter, we enjoyed watching you describe Department policy!! C'mon, be brave. Put them back out to the public. I guess I will have to file a FOIL request. Below is my former post with the live YouTube videos.

Many of his comments are included in his Substitute Teachers Handbook from the National Council on Teacher Quality:

LINK


Here is an updated version 2011 with Lawrence Becker:

LINK

and the latest version.

In The Road To Broad, this is what Dr. Peter Ianniello and Vicki Bernstein had to say about teacher quality and training in NYC:


"New York City Department of Education
Leaders in New York City have similarly reformed the department's human resources office to align with its school improvement efforts. "In the past, HR was kind of an 'add on' department," says Vicki Berstein, deputy executive director of the division of human resources. "We had responsibilities for finance, administration, facilities, safety—HR was one of more than 10 things we were responsible for." Since 2003, however, Chancellor Joel Klein and his leadership team have recast the role of the human resources office to reflect a keen focus on strategic human capital.

Over the past four years, the office has worked to shift from a transactional entity focused primarily on filling vacancies to a "quality broker" that works with schools to find the best person for a specific job, whether a teacher or a principal. "For a long time, the focus had been on hiring and placing teachers ourselves," says Berstein. "We wanted to focus instead on serving the school. So we've had to change our systems to help us do a better job of matching candidates with schools." New York started by re-staffing the central recruitment office with recruiters who had teaching experience rather than a civil service background.

The HR office also established a new placement process to allow principals more authority over who works in their school. Instead of reviewing applications only for basic eligibility, HR staff now screen each new teacher applicant according to a common rubric that was developed based on input from principals across the city.

"We make sure candidates have all the proper credentials so that principals aren't wasting their time interviewing people who they can't actually hire," says Peter Ianniello, director of recruitment and selection. "But we are also more selective about the teachers we are bringing in and recommending to our schools." Each candidate who passes the initial screening is placed in a pool that is made available to school leaders online. Based on candidates' strengths and interests, principals can schedule interviews only with those applicants who they believe would be good matches for their schools.

NYCDOE's human resources office is also analyzing data about new recruits to help improve the department's future recruitment and selection strategies. HR staff have begun surveying new teachers and principals about which elements of the hiring and placement process work for them and which need to be improved. HR is also collecting information about new teachers—from how they came to the DOE and were placed, to their college GPA and matching this information with the teachers' impact on student learning to gain insight about the characteristics of recruits who are most effective in the classroom. In the future, this information will allow the HR office to more strategically target recruitment efforts and refine screening and selection to help ensure that all schools are staffed by the highest-quality teachers.........
New York City Department of Education
In New York City's early stages of reform, many department-wide initiatives—such as required curricula in reading, writing and math and school-based parent coordinators—were designed to stabilize and bring coherence to a fragmented system. But with the evolution of the department's reform efforts, Chancellor Joel Klein has now deliberately transferred authority from a central bureaucracy to the school level. New structures within the department, innovative support systems and contract relationships with individual schools are all designed to support the department's vision of empowerment and accountability.
"Our goal has been to move from a system that had been very centrally managed to a system that is built on a backbone of accountability," says Klein. Between 2003 and 2006, 10 regional centers supported schools across the city, helping to unify the system of more than 1,400 schools. In 2007, these regions gave way to a network of school support organizations and service centers, nimble organizations that provide schools with many of the same services and supports that had previously come from the central bureaucracy.
School support organizations across the city now compete to offer schools help with instruction, educational programming, scheduling of the day and year, and professional development. Business service centers offer schools assistance with operational issues such as payroll, vendor contracts, facilities issues and budgeting. "Principals can look around at different systems and purchase the one they want," explains Lawrence Pendergast, a high school principal. "The district literally gives us money and says, 'you pick out the support that you think will work best for your school.' That's real honest empowerment for a principal."
NYCDOE's leaders have taken empowerment one step further through new performance contracts with principals across the city. The contracts spell out specific performance goals—for academic progress, student behavior, and financial health—that schools must meet each year. Those that have consistently low student achievement over time may face leadership changes or closure. In return for this accountability, principals can exercise greater autonomy over instructional methods, assessments, professional development, the school day and the budget.
New York's new organizational structure—together with a dynamic support system and greater autonomy at the school level—combine to create an environment that allows effective leaders to do what is necessary to achieve the next level of dramatic improvement in student achievement."
*******
Below is my previous article, with the links to Dr. Ianniello's YouTube videos which were suddenly removed from public view:

FACES: Peter Ianniello, NYC DOE Executive Director, Human Resources
NYC DOE Peter Ianniello
  1. Fordham Preparatory School
  2.  
  3. Fordham University
Education
  1. Fordham University
Peter Ianniello
eSchool Solutions | Peter Ianniello - NYC Department of Education | SFE Client Testimonial

Published on Sep 20, 2012
Peter Ianniello from the NYC Department of Education discusses how the features of SmartFindExpress has helped to mandate their special education paraprofessionals. Learn more about eSchool Solutions teacher absence management programs by visiting our website http://www.eschoolsolutions.com/.
  

Experience


Executive Director, Human Resources

NYC Department of Education

 – Present (17 years 1 month)


Director of Advancement

Fordham Preparatory SChool
 –  (4 years)

Director of Alumni Systems Management

Fordham University
 –  (8 years 3 months)
Managed all aspects of alumni data, gift records and acknowledgments, and reports for both the offices of Development and Alumni Relations as well as other University users.

The 3020-a Arbitration Newswire: Digging Up The Garbage on the Vouchers Paid To Arbitrators

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Welcome to the new series I am starting on the garbage that I have seen at New York City's 3020-a hearings which I have spent 13 years studying and researching. I have a Google+ Community called the Rubber Room, I have this blog and "Inside the 3020-a Teacher's Trials", and my website Parentadvocates.org, all of which have posts dealing with educators who I have worked with, researched, or heard about.
ALERT: The posts under this headline are my opinion of the facts and people whom I have seen and heard before, during, and after a 3020-a compulsory arbitration known as Education Law Section 3020-a Just Cause/Termination hearings.
David Pakter, left, with NYC Mayor Rudy Giuliani
Background:
Starting in 2003 I visited teachers in the Rubber Room at 25 Chapel Street after I met former teacher (at the High School for Art and Design) David Pakter when we were both asked to be on a Cable TV Show and he told me he was in the "Rubber Room".

I said, "WHAT IS A RUBBER ROOM"?

He described the room he was in as a long space with windows on one side and tables and chairs on both sides of the room with a walkway in the middle. He said that about 70-100 teachers were sitting there on a daily basis, after they were told that they were "re-assigned" from their classrooms and schools for some kind of misconduct, or unexplained horrible event that they supposedly caused. He told me he would sneak me in, and I agreed. I wanted to see what this was all about.

The long room on the 10th floor at 25 Chapel Street in Brooklyn had two doors, one at each end. The guards (yes, there were security guards) sat at one end of the room leaving the other door unguarded. In the very end of the room was the "office" where the "Principal" sat. So, David walked me in through the second door, and I immediately befriended the principal, who would look the other way when I came in to the room from the door next to his "office". I told him that I wanted to meet the now famous 'rubber roomers' to keep them company, and I am forever grateful for his permission to do that, despite the fact that my walking around was actually prohibited by those "in control". I have no idea who at the NYC Department of Education knew I was talking with the employees imprisoned in this room, but I do know that Randi Weingarten, the UFT Reps, and NYSUT knew I was visiting on a regular basis, because UFT Reps told me. I was not working in a full-time job, so whenever I had any time, I would go to the room, call someone from the lobby, and go in, unpaid by anyone.

I started sitting with the teachers and listening to their stories, however incomplete they were, on a weekly basis, and sometimes 2-3 times per week. No one could tell me exactly why they were there, only that they were waiting for an investigation to end, and then they would be put back into their school or ordered into a compulsory arbitration called "3020-a" after the Education Law Section 3020-a which is the Law upon which these hearings were based....at least that's what the UFT and NYSUT told these prisoners of whim. Whose whim? The Gotcha Squad.

Why do I call the Rubber Roomers "prisoners of whim"? Because you never know when or if you will be charged and with what deed of horror. Every teacher, no matter which school or school district you are teaching in, now looks behind his/her back as often as he/she can, because anyone can be a target. I attended David Pakter's hearing and started the 'open and public' hearings that now are common.

Then in 2007 I was hired by Randi Weingarten to be a UFT Special Representative overseeing all eight rubber room locations; see the blog FidgetyTeach and the post titled "If You Knew Betsy...".

 I still attend 3020-a, but now (since 2011) as the paralegal, rarely as a member of the public.

The Story of the 'GOTCHA SQUAD':


Randi Weingarten
I first heard the term "Gotcha Squad" from former UFT President (now AFT President) around 2006, when I assisted her in getting teacher whistleblowers to a City Council hearing on Whistleblower protection laws, but the title for all the NYC DOE administrators/officials/attorneys became a common word, according to my memory, after I was hired by Randi to be a Special Representative at the UFT for members in need. (August 2007)

One of my first important articles for my then-new blog, NYC Rubber Room Reporter (this blog) was, not surprisingly, "The Gotcha Squad and the NYC Rubber Rooms" (first posted in 2009), followed up by many posts on the Administrative Trials Unit, ("ATU") the Teacher Performance Unit ("TPU"), and the people who are involved in the business of terminating educators. All this is background for new readers to this blog.

3020-a arbitrators are paid, for most expenses, by New York State Education Department's Teacher Tenure Unit. But the NYC DOE seems to be outside of the control and authority of NY State, and has the right to hire arbitrators from out of state. For example, they fly in to NYC the worst arbitrator on the panel, Doyle O'Connor, from Chicago, and pay for his hotel, travel, and meals.
O'Connor has been sued in Federal Court twice.

Here are his vouchers:




 Really? There is no person, lawyer, non-lawyer, arbitrator or mediator (an arbitrator does not have to be an attorney, and a Representative in New York State does not have to be a lawyer, either) in New York City who can be hired to do 3020-a? I guess not.

See here, for a few of the arbitrators who are now (O'Connell is still on the panel) or were (Joshua Javits, who lives in Washington D.C., quit the NYC panel in 2014). I filed a Freedom of Information request for all the vouchers submitted by NYC Arbitrators from 2013 to 2015:





NYC 3020-a hearings are under the control of the New York City Department of Education, namely Dennis DaCosta and Naeemah Lamont, two extremely nasty people who walk in hearing rooms whenever they hear something they dont like about an arbitrator from the DOE Attorney doing the hearing, or they feel they must threaten the Arbitrator into doing something. I recently spoke with an arbitrator who is no longer on the panel in NYC, and this person asked me whether Dennis Da Costa was still terrorizing everyone. I have seen this first hand, and it is frightening.

If you go to February 19, 2014 in the link here, you will see Naeemah Lamont dancing. I cannot find a picture of Dennis anywhere, but his letter to 37 DOE employees about a termination decision by Lana Flame is an outrageous example of Dennis' excessive arrogance. In the letter (see below) Da Costa told the 37 people on p. 2 that they all had to stop paying the teacher because Arbitrator Lana Flame terminated her on July 5 2013 - but he sent the letter May 28, 2013, a month and a half too early. I am lucky to have obtained a copy of this fraud. Lana Flame was fired.

 The problem in NYC is that the DOE and NYSUT agreed to set up a permanent panel. Why? For speed and control. Both parties want the charged employee in the "due process" hearing out and gone, as soon as possible. For this reason, many teachers and others charged find themselves initially convinced that the NYSUT attorney has his/her focus on a proper defense against the charges, but by the time the charged employee ("Respondent") starts presenting his/her case (after the DOE rests, or end presenting their case), NYSUT usually says "oh, you can't have any witnesses", or "I'm going to keep questions for you short, and I will do closing arguments the minute you finish the few questions which I have for you".

A good arbitrator allows three-four weeks after the end of testimony to allow both sides to read the transcripts of all the witnesses, but NYSUT gets away with quickie hearings. I do not do 3020-a hearings this way, but that will be clear in a later post. Shockingly, NYSUT shares the transcripts with the Respondent after the Arbitrator's decision is rendered, rather than in a timely fashion so that the Respondent can assist in finding errors and lies. All in the name of speed.

Reform is needed!

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice

FairTest, and the National Push For Testing Reform

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The national opposition to high stakes federally mandated testing has taken root in the American conscience, says the leader of this movement,FairTest

I have spoken with many parents in NYC and I have 4 daughters of my own. I have heard from parents and stakeholders that they want to have nationally funded assessments but only if these assessments are fair, and based upon the curricula and what students are learning in the classroom.
Betsy Combier

The Testing Resistance and Reform Movement, Monthly Review
Submitted by fairtest on March 7, 2016 - 3:38pm 
·         FairTest in the News

·         fairtest on national

·         k-12

·         news
·         resistance

·         whats new
"[The] refusal to participate in federally mandated testing programs likely represents a turning point in the history of assessment reform in the United States. The next few years will tell, as activists plan to dramatically increase refusals and to win policy changes in the states. Their avowed goals include less testing, an end to high-stakes uses of tests (that is, making decisions about students, educators, or schools solely or primarily on test scores), and implementation of other, educationally sound assessment practices.
"This essay briefly traces the history of testing in public schools from its beginnings in the 1920s, through the counter-productive No Child Left Behind (NCLB) federal law, to passage of the Every Student Succeeds Act (ESSA) in December 2015. It then discusses the recent and rapid emergence of the testing resistance and reform movement."
The article is one in a special Monthly Review issue, The Opt Out Revolt.
The complete issue is at http://monthlyreview.org/archives/2016/volume-67-issue-10-march/ (articles are made available for free over a multi-week span before the whole issue is free).
Monthly Review requests that people subscribe so they can also support the posting of issues for free.
The article is also available as a pdf here.


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Bob Schaeffer, Public Education Director
FairTest: National Center for Fair & Open Testing
office-   (239) 395-6773   fax-  (239) 395-6779
mobile- (239) 699-0468
web-  http://www.fairtest.org

The 3020-a Arbitration Newswire: Digging Up The Garbage on the Rubber Room

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The Rubber Room - West 125th Street
Please read my first post on the Rubber Rooms and 3020-a Arbitration, "Vouchers Paid to Arbitrators" to get a little bit of the background behind the scam of the rubber room process put into place by the New York City Department of Education (NYC DOE)  AND the United Federation of Teachers (UFT). Is this a conspiracy of harm? I believe so.

The Rubber Room - 333 7th Avenue
My blog posts are based upon the idea that the 'rubber rooms' are not rooms, but a process that unfairly, arbitrarily and maliciously targets employees of the New York City DOE for any reason someone in power can think of, and ends up in some kind of career destroying penalty without any accountability for the person who is making the allegations. So, anyone can make allegations about a person and hope that "legal" at the DOE will prove these opinions are true - often without any facts, and terminate the target without holding the person who made the accusations in the first place accountable for any lies. And so it goes.


The rubber room process could never have been set up without this lethal partnership or conspiracy where we see the NYC DOE and the UFT/NYSUT getting along by going along. It's all about politics, money, and control, and how collective bargaining rights can be denied to stakeholders who are forced into paying dues to a union who ignores members' rights to benefit management's pocketbook.

Mayor Bloomberg rented the warehouses in each Borough of NYC (Manhattan and Brooklyn had 2 each) called the rubber rooms starting in or about 2003 (the RR in the basement of 335 Park Place started in 2008). The purpose was to put the prisoners of whim, the DOE employees who were unwanted by a principal for any reason, outside of the school so that the administrators could speak to the students, parents, teachers, counselors, or whomever, freely without the unwanted employee interfering or finding out who was talking to whom. The fix was in.

When a principal decides that an employee in the school must go, he/she contacts the Gotcha Squad, who creates the Technical Assistance Conference memos (TAC) gathered from all sources to charge the employee. I filed a Freedom of Information request to get the TAC memos filed by the former chief of the 3020-a termination hearings, Florrie Chapin.

Below is the announcement of the 'new' process to get rid of unwanted education personnel:


"MEMO
_______________________________________________________

To:       Principals
From:   Dan Weisberg, Chief Executive, Labor Policy and Implementation; Michael Best, General Counsel
Date:    November 14, 2007
Re:       Labor Support Unit/Peer Intervention-Plus Program/Teacher Performance Unit

I.              Introduction

This memo provides details on the new supports being made available to principals to help you address already-tenured teachers with performance problems by supporting them to substantially improve the quality of their teaching, or, if this is not successful, by removing them. 

  • These supports are being provided centrally without cost to schools.  Principals will not have to find funds within their school budgets in order to access these services, even where they do so repeatedly.

  • Principals have full discretion to decide whether to use these supports or not.  While we encourage those of you with struggling tenured teachers to use these resources, as we believe it will relieve some of the burden on you and will provide you with the guidance you need, if you feel you do not need the help, then you are under no obligation to use these services.

  • These supports are intended to provide guidance for you and reduce the burden on those principals seeking to obtain improvement from poorly-performing tenured teachers. Or, if such efforts are unsuccessful, these services will help you to effectively navigate the evaluation and discipline process.  The support personnel are not there to critique or evaluate the work of principals, nor are they meant to create additional work for you. 

  • While we will likely seek more formal feedback later in the year, we would appreciate any feedback you have on the new supports, positive and especially negative, by e-mail to dweisbe2@schools.nyc.gov.

II.             Labor Support Unit (LSU)

The new Labor Support Unit (LSU) is staffed by experienced school supervisors, most of whom are retired NYC public school principals.  Their mission is to provide the first line of support to principals addressing poorly-performing tenured teachers.  Their primary responsibilities are: to provide guidance and general assistance to principals in developing support programs for ineffective tenured teachers and, where necessary, guidance on technical evaluation and discipline issues; to help organize documentation of performance problems; to conduct additional observations of teachers upon request of the principal; and to coordinate with the Peer Intervention-Plus (PIP+) Program and Teacher Performance Unit, as well as Human Resources and ISC counsel, on your behalf. 

LSU staff will be assigned to individual schools, so you will be able to work with one member of the LSU continuously. The LSU staffer will meet with you initially to obtain background information about the teacher or teachers and to review documentation.  Over the following several weeks, the LSU staffer will follow up with you to recommend an action plan for obtaining significant improvement from the teacher(s).  The LSU staffer will then help you to implement the action and assess its effectiveness.  If the teacher(s) do not show significant improvement, the LSU staffer will work with you to determine whether and at what point to seek disciplinary action against the teacher(s) and will, along with your attorney from the Teacher Performance Unit, guide you through the disciplinary process.

You may access the LSU in two ways: LSU staff will be contacting principals with tenured teachers with one or more unsatisfactory ratings to offer assistance.  Or, you may request assistance from an LSU staffer by completing and submitting this one-page form [LSU Request} and an LSU representative will contact you within five (5) days of receipt of the form requesting assistance.

III.            Peer Intervention-Plus (PIP+) Program

The new Peer Intervention-Plus (PIP+) Program was jointly agreed to by the DOE and UFT as part of the 2006 contract between the parties.  Under this agreement, the DOE and UFT have jointly selected an outside vendor, RMC Research Corporation, a national company with expertise in professional development, to assist with this important initiative. The project manager for the PIP+ is Dr. Sandra Kase, who previously held several senior positions at the DOE and the Board of Education, among them Superintendent of the Chancellor’s District. 

The PIP+ is, pursuant to the agreement between the DOE and UFT, targeted specifically at tenured teachers in danger of receiving disciplinary charges for incompetence.  Principals will have the option of inviting teachers in this category to participate in the program.  (If teachers decline the offer of assistance, this fact is admissible in disciplinary hearings.)  If they accept, RMC will assign an expert classroom teacher to work as a peer intervener with the struggling teacher for a period of approximately three months.  (During this time, school supervisors will be fully free to continue to observe and evaluate the struggling teacher.) 

The Peer Interveners will be neither UFT members nor employees of the DOE.  Their charge will be to develop a plan for improvement for the struggling teacher but also to provide a completely objective written evaluation of the teacher’s competence.  The Peer Interveners will also work with you during the process to get your input on the weaknesses and improvement of the participating teacher.  Because this evaluation will be admissible at disciplinary hearings, in the event the teacher does not improve and the Peer Intervener finds the teacher to be incompetent, this judgment will likely carry a great deal of weight in disciplinary proceedings seeking the teacher’s termination. 

If you are interested in accessing the PIP+, please contact Dr. Elizabeth Arons, at earons@schools.nyc.gov.

IV.           Teacher Performance Unit

The new Teacher Performance Unit (TPU), which is located within the Office of the General Counsel, is comprised of five attorneys who will be responsible for counseling principals on disciplinary issues involving tenured teachers and for handling cases filed under Education Law 3020-a against tenured teachers for incompetence. 

The creation of TPU represents a significant infusion of resources that will ensure we have the capacity to seek the removal of all ineffective tenured teachers who, in spite of receiving the time and support sufficient to allow them to substantially improve, won’t or can’t do so. 

TPU attorneys will also be involved in potential disciplinary cases from an early stage, providing guidance to principals on technical questions and on case preparation.

Principals who wish to seek removal of tenured teachers based on competency should schedule a Technical Assistance Conference (TAC) with TPU, by completing and submitting this form [TPU Request].  A TPU representative will get back to you within five (5) days to schedule the TAC. 

V.            FAQ’s

Q: Should I use these services in lieu of or in addition to services from my HR Partner or ISC Counsel?

A: In addition.  These services are intended to supplement, not supplant, the services being provided by your HR Partner and ISC Counsel.  In fact, all HR Partners are receiving additional training on addressing employees with performance problems, so they should be called on as a resource for these issues, as well as the full range of other HR issues.  Your ISC Counsel also continues to be a primary resource for guidance on labor issues.  However, where you need intensive help with tenured teachers with performance problems, the LSU can provide that help and will work in concert with your HR Partner, your ISC Counsel and the TPU to provide you with comprehensive, solution-based support.

Q: Can I use these resources for employees other than tenured teachers, e.g. Assistant Principals, Guidance Counselors, probationers, administrative employees?

A: Though the focus for these supports is on tenured teachers, and the PIP+ will address only tenured teachers, LSU staff can help you with performance issues involving all school employees, and TPU will be responsible for bringing disciplinary cases for incompetence against all tenured personnel.  However, your HR Partner and ISC Counsel should remain your primary resource for performance issues involving employees other than tenured teachers.

Q:  Can I contact LSU about a tenured teacher who has not yet been U-rated?

A:  Yes, though LSU will be dealing first with cases of teachers with multiple U-ratings and then those with single U-ratings, staff will assist you with all cases of performance issues involving tenured teachers.

Q: Who do I contact if I have a misconduct issue?

A: The Administrative Trials Unit (ATU) will continue to handle misconduct cases against tenured personnel.  You can arrange a Technical Assistance Conference with ATU by submitting this form [ATU Request].  For advice involving misconduct by non-tenured personnel, you should continue to contact your HR Partner and ISC Counsel.

Q: How does the new Peer Intervention-Plus Program relate to the existing Peer Intervention Program?

A; By agreement with the UFT, the new Peer Intervention-Plus Program is to be used for tenured teachers in danger of being charged under 3020-a with incompetence, while the existing Peer Intervention Program is to be used for teachers outside that category who would like assistance. 

Q:  Can I enter the classroom of a teacher participating in the Peer Intervention-Plus Program?

A:  Yes.  Unlike the Peer Intervention Program, there are absolutely no restrictions on your ability to evaluate or observe teachers in the PIP+.

Q: What happens if the Peer Intervener disagrees with my judgment about a struggling teacher?


A: Though charges can still be brought against such a teacher, it will be difficult to obtain termination where an objective third party has found the teacher to be competent."

Also out in November 2007 was the "Performance Management" Guide on How To Get Rid of An Incompetent Teacher" (p. 12), a mainstay of every Principal's diet, and, in 2008, former OLR Director David Brodsky gave a presentation on the Tenure Process and terminating teachers.
David Brodsky

I was hired by Randi Weingarten two months earlier, on or about August 23, 2007, to gather information and help support the people sitting in the RRs, or "temporary re-assignment centers, TRCs" as I called them (to distinguish the actual rubber ROOMS from the rubber room PROCESS I was going to research and write about in my book). Even well-known writers such as Steven Brill got it all wrong.

Randi put me in what she called the "SWAT Team"with Jim Callaghan and Ron Isaac, two reporters for NY TEACHER. Neither Jim nor Ron wanted anything to do with the rubber roomers, saying that they (the people in the RRs) "did not want my help" [Ron's words] and "they are all guilty, so I cant help them" (Jim's words).
Jim Callaghan

I didnt see it that way, I saw innocence until proven guilty and wanted to get all the information on each case so that we, the UFT, could prove the DOE wrong in filing the charges in the first place. I had, when I started at the UFT, no idea that the UFT was not interested in fighting for their members. Maybe I didnt want to see it. But it became clear to me when Mike Mulgrew took Randi's place, and all of a sudden my office on the 16th floor of 52 Broadway was taken (and left empty, by the way), some of my personal belongings went permanently missing (sound familiar?) and I had to meet with people who came to see me, in the cafeteria or the kitchen area. Eric, of Chaz11 finally told Leroy Barr after one of our monthly meetings that he had to give me an office. We finally found a group of empty desks on the other end of the 16th floor, where I moved my stuff and my computer was moved. Then the UFT lost my computer.

Leroy Barr
But they could not fire me, because I was doing my job, which paid me for 14 hours/week,  but I worked 60 hours/week, 46 hours unpaid. Laurie, in her post "If you knew Betsy...." was wrong about that (that I was fired, like Jim Callaghan). I was 'excessed' when the rubber rooms were closed in July 2010 (see below), and gladly, I might add. Every second I worked at the UFT post-Randi I was hindered by the post-Randi crowd from helping any member. It was frowned upon. I needed to move on, and start my own initiative, and I did that.


"Rubber rooms to close June 30
UFT signs historic agreement with city to ‘end fear tactic’ used against members


UFTPresident Michael Mulgrew (seated, right) and Chancellor Joel Klein sign the agreement while Mayor Michael
Bloomberg and Deputy Mayor Dennis Walcott look on.
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The highlights
·         The rubber rooms will close at the end of the current school year.
·         As of Sept. 1, UFT-represented pedagogues who are accused of misconduct or incompetence will be:
·         Assigned to their schools to do certain professional or administrative activities listed in the teachers’ collective-bargaining agreement;
Assigned to a DOE administrative office to do administrative work consistent with law; or
Sent home with pay in very limited circumstances.
·         After removing an educator from the classroom, DOE officials will have 10 days to bring incompetence charges and 60 days for charges of misconduct. Any educator not formally charged within that time will be sent back to his or her previous assignment.
·         For those whose investigations result in charges, the hearing process must be completed within 60 days in most cases. An arbitrator would then have 30 days to make a decision. The number of arbitrators who hear such cases will increase from 23 to 39.
·         Some members accused of less serious, non-termination offenses will have a mandated process consisting of three hearing days.
·         For educators currently assigned to rubber rooms, arbitrators will work as mediators in an effort to settle many of the cases in the backlog. The rest will proceed to 3020-a hearings. The 3020-a hearing of anyone charged by Aug. 31, 2010, must be completed by the end of the calendar year. These educators will be given an administrative reassignment at their school or at a DOE office while their case is being heard.
At long last, the controversial Temporary Reassignment Centers, dubbed rubber rooms, will close on June 30 thanks to an intensive effort by the UFT and the city.
At a press conference on April 15, UFT President Michael Mulgrew, Mayor Bloomberg and Schools Chancellor Joel Klein announced an agreement that will see the rooms closed for good.
“The rubber rooms are a symptom of a disciplinary process that has not worked for anyone — not the kids, not the schools, and not the teachers,” Mulgrew said. “This agreement is designed to get teachers out of the rubber rooms and to ensure that they do not have to wait for months or years to have their cases heard. Most importantly, it removes a fear tactic used by management against our members in schools.”
Approximately 550 educators are currently assigned to rubber rooms; about half are under investigation and awaiting charges, while most of the remainder are going through the hearing process. Cases can take months or years to be resolved.
The agreement will clear the backlog by December, speed up the adjudication process and remove the stigma of allegedly bad teachers being removed from their schools and watched over all day by private security guards.
Most members assigned to the Temporary Reassignment Centers reacted positively to the deal, happy to be leaving the notorious rooms, one of which packed 24 people in 600 square feet in a drab Brooklyn basement.
A few were skeptical, given Klein’s track record, that the DOE would adhere to any agreement.
Educators in schools expressed a sense of relief that principals will no longer be able to use the threat of a rubber room. Some believe that principals used the rubber rooms to punish whistleblowers, threaten strong chapter leaders and harass those who claimed they were being mistreated based on their age and race.
Under the agreement, for most teachers who have been accused of misconduct, the DOE will have the ability to remove them from their classrooms and reassign them to administrative duties in schools or DOE offices for a period of 60 days while it investigates the accusations. If charges are not filed after the 60 days, the reassigned educator must be returned to his or her former school duties while the probe continues.
Once charged, for most educators, the 3020-a disciplinary process will now include 10 to 14 hearing days on the charges. Educators accused of less-serious, non-termination offenses will have a mandated process consisting of three hearing days.
“It will be a faster, fairer process,” said Mulgrew.
Despite inaccurate statements to the contrary, the DOE always had the right to give work to reassigned educators. The idea that UFT members enjoyed “sitting around doing nothing all day” was an absurd allegation used to portray the union and its members as protecting featherbedders and deadbeats, union officials said.
Before the Bloomberg-Klein administration, educators accused of misconduct or incompetence were reassigned to district offices to do work."

Of course this is all bulloney, as we now know.
Then the UFT and DOE got into a war over the number of arbitrators who were supposed to be hired to get UFT members out of their employment as quickly as possible (so happy I was not working any longer for the UFT!!!!):

Lawsuit

City Sues UFT for Failure to Assign Rubber Room Arbitrators


LINK
NEW YORK—The city sued the United Federation of Teachers (UFT) on Friday for what it says is a failure of the UFT to uphold its end of an agreement to increase arbitrators. The arbitrators were to expedite the processing of teachers awaiting disciplinary hearings, allowing them to get back to the classroom, or be taken off the payroll.

In 2010, the UFT and the city struck a deal to end Temporary Reassignment Centers, also known as the “rubber room,” which is the place teachers go to await the outcome of disciplinary hearings. The city had taken heat for the rubber rooms after investigations found teachers spent years being paid for doing administrative work.

As part of the agreement, the UFT agreed to increase the number of arbitrators from 23 to 39, a move aimed to expedite the process.

According to the city, the UFT has failed to keep its end of the bargain.

In a complaint to be filed today, the city charges only 19 arbitrators are on the books, well short of the 39 agreed upon. In 2011-2012 there were 24 arbitrators set, however, they were not seated at the same time, according to the complaint.

Arbitrators are appointed only if the UFT and the NY Department of Education can agree on the person. The complaint alleges the UFT and the Department of Education were to meet at least twice a year to select arbitrators, something that has not happened.

“They just keep delaying,” Mayor Michael Blomberg said on his Friday morning radio show. “The backlog keeps getting bigger. And it just prevents having a fair hearing for teachers who should be cleared of any charges, it allows teachers who should not be in front of our kids through incompetence or inappropriate conduct to continue collecting a paycheck.”

In a Sept. 19 letter, Schools Chancellor Dennis Walcott said he would agree to 30 arbitrators, the minimum required from the 2010 agreement. However, the UFT failed to agree, according to the complaint.

Epoch Times reached out to the UFT for comment, but the union did not respond by press time.

Lawsuit alleges union is breaking promises in ‘rubber room’ deal


A “big deal” forged to shutter the city’s infamous rubber rooms more than three years ago is getting dragged down by the city teachers union, the city charges in a lawsuit filed today.
Department of Education lawyers say the United Federation of Teachers has failed to hold up a key part of the agreement, which was struck with joint praise from Mayor Bloomberg and union President Michael Mulgrew in April 2010 to speed up the disciplinary process for teachers whom the city wants to fire. At the time, the city estimated it was spending $30 million a year to pay 550 teachers who were removed from the classroom and who languished — sometimes for years — in reassignment centers known as “rubber rooms” while they awaited a hearing.
A major element of the deal was to increase the pool of mutually acceptable arbitrators — from 23 to 39 — who rule on cases against teachers charged with incompetence or misconduct. But three years after the reforms were scheduled to take place, that number has actually fallen to 19 — while the number of teachers facing trials stands at over 400.
The lawsuit alleges that the UFT has repeatedly balked at approving enough arbitrators to hit the new target. Last month, the union agreed to invite just 14 arbitrators, and the selection process stalled entirely this month.
UFT President Michael Mulgrew has argued that the union cannot agree to the arbitrators whom the city proposes. In a letter to Chancellor Dennnis Walcott earlier this week, Mulgrew said the selection process would be faster “if the DOE would propose more qualified candidates.”

The arbitrator pool has also shrunk because the state does not always pay arbitrators for their work in a timely fashion. The State Education Department, which is responsible for the payments, recently reported a $2 million deficit in the “Tenured Teacher Hearing” fund, which is used to pay arbitrators in disciplinary cases.
A group of arbitrators are suing the state over the payments, including one who’s owed $200,000 in backpay. ”The reason many of the very senior arbitrators [sic] no longer do these cases is the state would not pay us based on the work that we had done,” former arbitrator Arthur Riegel told WNYC.
Perhaps as a result, few people have wanted to take the job when it is offered. Just eight of the 14 arbitrators offered the position in August accepted.
“Many arbitrators are reluctant to work with the DOE,” UFT spokesman Dick Riley said today.
As a result, the speed of the disciplinary process appears to have barely budged since 2010.The department reported in its lawsuit that there are currently more than 400 teachers who require discipline hearings with the 19 arbitrators, and lawyers said they expect another 150 cases in the near future.
The city said it is spending $8 million a year to pay teachers who have been removed from the classroom while they await arbitration.
Riley said the current pool of arbitrators would be “enough” if the department would consider using a less aggressive legal process called mediation. In that process, the teacher and the city first try to reach a settlement at a pretrial hearing to avoid starting arbitration. Union lawyers said that of 55 cases that went through this process this summer, 39 reached settlement without arbitration. In some cases, teachers agreed to resign or retire, while in others teachers accepted suspensions before returning to the classroom, union officials said.
“If the DOE was truly interested in in resolving cases efficiently, it would agree to our proposal to keep this process in place permanently,”  Mulgrew wrote to Walcott this week.
COMING SOON in the 3020-a Arbitration Newswire: The Destruction of Rights and the Permanent Panel; the DOE Prosecutors; and Ian Nikol, a Lawyer Without Ethics.

Spread the word.
Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice

California Appeals Court Overturns Anti-Union Lawsuit Vergara v California

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See the decision.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice

In a win for unions, appeals court reverses ruling that threw out teacher tenure in California
Beatriz Vergara

In a win for unions, appeals court reverses ruling that threw out teacher tenure in California
In a major victory for unions, a California appeals court reversed a lower court ruling that threw out tenure and other job protections for the state's public school teachers.
The case was being closely watched across the country because advocates argued allowing administrators to more easily fire bad teachers would improve schools and student performance. Right now, there are a series of job protections that are evoked before school districts can remove a teacher.
“I think it’s a win certainly for educators, but also a win for students,” California Teachers Assn. President Eric C. Heins said of Thursday's ruling. “The trial never made the connection between the harms they were alleging and the statutes they were challenging. I think the laws have been working.”
A judge’s 2014 ruling in the case, Vergara vs. California, held that several key job protections for teachers are so harmful to students that they deprive children of their constitutional right to an education.
Lawyers representing the state of California and its powerful teachers unions argued earlier this year before the three-judge panel that the decision should be reversed and that the laws in question do not violate students’ rights. 
At issue was the ruling by L.A. County Superior Court Judge Rolf Treu, which nullified the state’s system of awarding strong protections for teachers — including tenure, which takes effect at the end of their second year on the job.
Treu’s decision would have ended tenure as well as the practice of “last-in, first-out,” which typically results in districts laying off less-experienced teachers during budget cuts — regardless of how well they do in their job.
And Treu also threw out rules that provide teachers a longer and more complex system to challenge dismissals.
Backers of the lawsuit argued that making it easier for schools to get rid of bad teachers would help schools.
Treu concluded the state's tenure and seniority systems harmed all students, but especially poor and minority students, leading to outcomes that "shocked the conscience."
Had the ruling been upheld, teachers at unionized schools would no longer be entitled to a level of job security that's rare, even in the public sector.
Opponents, including Gov. Jerry Brown and the state's teachers unions, characterize this solution as simplistic and even dangerous.
They say that killing tenure and seniority would result in a lower-quality teaching corps, and that the profession would attract and retain fewer of the sort of talented people who have other career options.
The plaintiffs said they plan to appeal the ruling. Lead counsel Theodore Boutrous called the ruling a “temporary setback” in a statement, adding that the Court of Appeals “mistakenly” blames school districts. “The mountain of evidence we put on at trial proved … that the irrational, arbitrary, and abominable laws at issue in this case shackle school districts and impose severe and irreparable harm on students,” Boutrous said.
But the ruling’s strong and direct language would make it difficult for the plaintiffs to win an appeal with the California Supreme Court, an expert said. The ruling repeats that the plaintiffs did not offer enough evidence to show that teacher tenure statutes are themselves unconstitutional, said Stuart Biegel, a UCLA education and law professor.
For the Record
5:02 p.m.: An earlier version of this post incorrectly said the court ruled that the plaintiffs did not have enough evidence to show teacher tenure statutes are not in themselves unconstitutional. It has been corrected.
------------
“This shows that it’s not going to be so easy to win such a case in a court of law” in other states, Biegel said. "But it doesn’t necessarily show that teacher tenure is alive and well and shouldn’t be reformed.”
“The court found that it was administrative decisions that caused the harm that plaintiffs had been discussing,” rather than the statutes themselves, Biegel said.
The reasoning of the ruling is sound, according to Kevin Welner, a professor at the University of Colorado-Boulder, and the director of that school’s National Education Policy Center.
“The case is built by two different houses of cards, one stacked on the other: the factual record and how they were presenting the law,” he said. “The appellate court knocked down both houses here.”
The ruling should send a message to Treu because it was unanimous and went through the lower ruling point by point, said Randi Weingarten, president of the American Federation of Teachers union. “The lower court judge basically ruled on his ideology, not on the evidence,” she said.
Weingarten acknowledges that the current tenure laws are problematic, and said that the state of California should “work together” to improve them. But, she added, “you can’t fire your way to a teaching force.”
Vergara has caused small ripple effects across the country. A similar suit supported by the Partnership for Educational Justice, an organization founded by former CNN news anchor Campbell Brown, is ongoing in New York.
On Wednesday, the organization announced another lawsuit against tenure, this time in Minnesota. There, four mothers filed suit, alleging that the state’s tenure and teacher dismissal laws are unconstitutional because they impede their children’s ability to access a constitutionally promised "general and uniform" and “thorough and efficient” public school system.
The statutes, the parents allege, “perpetuate Minnesota’s opportunity gaps."
In California, blaming administrators rather than the system as it is set up wouldn’t have as much of a national reach, said Mark Paige, a public policy professor at University of Massachusetts-Dartmouth.
“They wanted the knockout punch, and had they gotten that through sort of a systemwide strike-down, then the dominoes could have fallen in Minnesota and in New York,” Paige said. “But had they gone with a … focus it probably wouldn’t have served the objective of striking down tenure entirely.”
This case has brought much-needed attention to the way that state teacher tenure and layoff policies, paired with local agreements between teachers unions and school districts, cause high-need students to get stuck with inexperienced teachers and high turnover of those teachers, Strunk said.
Even if a higher court maintains this decision, Strunk said, “we’re seeing a lot of pressure on state legislatures to do something.”
California Assembly Republican Leader Chad Mayes, who represents Yucca Valley, said in a statement that he disagreed with the ruling, though he added that the Legislature can and should act on tenure without a court mandate.
“Legislators in Sacramento have the tools available right now to end bad policies such as ‘Last In, First Out’ and our currently flawed teacher tenure system,” Mayes said. “It is time to stop defending laws that are clearly indefensible and deprive low-income and minority students of a good education.”

BREAKING NEWS: California Appeals Court Unanimously Reverses Vergara Decision!



North Carolina Supreme Court Upholds Tenure For Veteran Teachers

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Tenure rights are being validated around the US. Now its' up to NYC to do the same, and rid ourselves of the Bloomberg-Klein-NYCDOE contructive denial of those rights in setting up the Rubber Room process. My plea to NYS legislature: Protect tenure rights!!!

California Appeals Court Overturns Anti-Union Lawsuit Vergara v California


See the Vergara decision.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice

Supreme Court upholds tenure rights for veteran teachers
LINK



The decision stems from a 2013 state law that would have forced teachers who had earned certain job protections to give those up starting in 2018. However, the ruling does not affect younger teachers who were hired after the 2013 law went into effect or teachers who had not served long enough to have achieved career status. 
"We are glad the Court recognized the General Assembly’s attempt to strip away rights from teachers as unconstitutional," Rodney Ellis, president of the North Carolina Association of Educators, said in a statement. 
The NCAE and five veteran teachers had sued to overturn the law. Ellis vowed to keep pushing lawmakers to give career status to teachers who are currently excluded from the protections. 
"Career status is an important tool to recruit and retain quality educators, just like fair compensation and working and learning conditions that lead to student success," he said. 
Legislative leaders were not available to immediately respond to the ruling. A spokeswoman for Senate President Pro Tem  said legislative attorneys were still reviewing the ruling. 
Tenure rights have been part of a broader debate about reforming education, with Republicans who control the General Assembly arguing that state school systems need to be more nimble and better able to spur teachers to success. Democrats and teachers groups have argued that career status protects teachers from the whims of an oft-changing cast of administrators and occasionally unreasonable parents. 
When lawmakers moved to strip tenure rights in 2013, they did it as part of a state budget proposal that carried a number of education reform measures. In 2014, Superior Court Judge Robert Hobgood overturned the tenure revocation, and in 2015, the Court of Appeals upheld Hobgood's ruling. 
"While we acknowledge that the retroactive repeal was motivated by the General Assembly’s valid concern for flexibility in dismissing low-performing teachers, we do not see how repealing career status from those for whom that right had already vested was necessary and reasonable," Justice Bob Edmunds wrote for the Supreme Court this week. 
Edmunds went on to conclude, "The vested contractual rights of those teachers were substantially impaired without adequate justification, in violation of the Contract Clause of the United States Constitution." 

Senate budget ties teacher raises to dropping tenure rights
Rd more at http://www.wral.com/senate-budget-ties-teacher-raises-to-dropping-tenure-rights/13680696/#fQzWMuiFTsBsZr93.99By Mark Binker
 — Senate leaders used a news conference Wednesday morning to tout what they said would be the most significant pay raise for teachers in North Carolina history, but they did not provide the details of how they would pay for the plan without a tax increase. 
The average salary increase would be $5,809 for teachers, depending on their seniority. 
"This is a significant step in addressing what has been a problem in North Carolina," said Senate President Pro Tem .
Low teacher salaries have been a cause for concern across the state, prompting stories about longtime educators moving to other states or changing jobs because of their stagnant pay. The Senate plan, Berger said, would vault North Carolina to "the middle of the pack" in teacher pay nationally and make it third in the Southeast, trailing only Georgia and Louisiana.
The $468 million teacher pay plan is part of the $21 billion budget lawmakers are crafting, and it builds on a proposal floated by Gov. Pat McCrory earlier this year. Senate Republicans revealed only the K-12 education pieces related to teacher pay Wednesday. The rest of the budget is due to be posted online late Wednesday night. After the Senate passes its budget, House leaders will take a stab at crafting a spending plan.  
"The details will be there," said Berger, R-Rockingham, emphasizing that no budget plan would raise taxes. That leaves lawmakers drawing from reserves and making cuts to other parts of the budget in order to pay for the teacher raises. 
"There's lots of places we're looking at," Appropriations Committee Chairman , R-Onslow, said after the news conference. Asked specifically where the money might come from, he said, "We're trying to pull it all together now."
The most likely places from which to draw money would be the University of North Carolina system budget and the state Health and Human Services budget, specifically the costly Medicaid program for the poor and uninsured. Lawmakers could also draw from other ares of the K-12 budget, for example, by cutting back on the number of teaching assistants in early grades. 
"If we got off on that tangent, you think this message would get out," said Sen. , R-Randolph, explaining why budget writers were not revealing other details of the spending plan. "Just believe it, and you'll see it." 

Some teachers could keep tenure

"Our hardworking teachers simply deserve a competitive salary and the ability to make ends meet," Senate Minority Leader  said in a statement.
Blue, D-Wake, said the impulse to raise teacher pay was a good one, but he raised questions about where the money might come from.
"It remains to be seen how Senator Berger plans to pay for these raises without dismantling other essential services, given his massive handouts to the wealthy and special interests last year," he said.
Berger repeatedly emphasized what he viewed as the key features of the plan, mostly the size of the potential raises. 
Asked about whether the pay plan would fund fewer teachers, he said, "there may be fewer teachers because we have fewer students." He said the average class size wouldn't increase.
In general, the plan appears to increase teacher pay more rapidly than the current plan, starting teachers with a salary around $32,000 during the first three years and increasing to $50,000 by year 20. After that, the salary schedule plateaus for several years before increasing again in year 30. 
The Senate's education plan repeals a controversial provision in last year's budget that forced school districts to offer pay raises to 25 percent of their teachers in exchange for those teacher giving up career status, what many call tenure. That law is the subject of two different lawsuits, and two judges have already ruled that it is likely unconstitutional.
Under the new proposal, teachers would be able to keep their tenure rights but would not receive any pay bump. Instead, they would be left at their current salaries with no prospect of a raise.
Mark Jewell, vice president of the N.C. Association of Educators, called the tenure trade off "unwarranted," saying teachers should not be asked to give up career protections for more money.
"If there's enough money to give teachers a pay raise, we need to give teachers a pay raise," he said. 
The Senate plan also:
  • extends supplemental pay for teachers with master’s degrees to those who have completed at least one course in a graduate program as of July 1, 2013.
  • expands opportunities for local school systems to reward top teachers by allocating funds for up to 35 percent of teachers to receive pay-for-excellence increases.
  • provides for a $1,000 pay increase for those who work directly for the State Board of Education. 
  • provides funds for pay raises for school administrators.

Read more at http://www.wral.com/senate-budget-ties-teacher-raises-to-dropping-tenure-rights/13680696/#fQzWMuiFTsBsZr93.99
 budget ties teacher raises to dropping tenure rights
Re

The Principal Pipeline Strategy: The NYC DOE Approach To Leadership

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Ah yes, the Principal Pipeline Strategy.

See? The NYC Department of Education really does listen to the public when they start saying the "Leadership Academy" principals were no good. Now, we have Summer Principals Academy, the Principal training at Relay Graduate School, etc.....

please contact Mark Rush, Executive Director of the Principal Pipeline Strategy, at MRush2@schools.nyc.gov

Lots of new wonderful programs to churn out warm and fuzzy principal people.

Not.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice

NYC Approach to Leadership
Our Approach
 In order to increase the number of high-quality candidates who are well-prepared to become principals in New York City's public schools, we are seeking talented educators at earlier points in their careers. Our goals are to:
·         Nurture these individuals’ leadership skills while they remain in teaching roles
·         Develop a strong and sustainable leadership pipeline for our City's schools.

About the Leadership Pipeline
The New York City Department of Education is committed to  creating and sustaining a rich, thoughtful, and robust leadership pipeline process, which includes identifying and nurturing talented educators early in their careers, strengthening existing principal preparation programs, and developing new partnerships.

The pipeline structure has systemic supports and effective leadership development programs at each stage to identify and cultivate:
  1. Strong teachers to meet the citywide instructional expectations and move into more formal teacher leadership development programs;
  2. Effective teacher leaders and assistant principals to move into principal pipeline programs and then into principal positions;
  3. Quality support for novice principals; and 
  4. Opportunities for experienced principals to mentor aspiring leaders.

New York City was one of six urban school districts in the United States selected by the
 Wallace Foundation to participate in its $75 million, five-year Principal Pipeline Initiative. This grant has informed our efforts to reassess our existing leadership pipeline and to strengthen it with an emphasis on teacher leadership and school leadership roles.  The other selected school districts include: Charlotte-Mecklenburg Schools, Denver Public Schools, Gwinnett County Public Schools, Hillsborough County Public Schools, and Prince George's County Public Schools. 

The DOE is committed to sustaining proven, effective strategies. We look forward to continuing our long-time partnership with
 The Wallace Foundation and others who support this work as we build and strengthen our leadership development and career opportunities.

Students at the Teachers College Summer Principals Academy recently worked on their final project: designing a new school. Their program is one of a handful the city has decided to partner closely with as it aims to train more high-quality principals.


( Photo by Patrick Wall )
Leadership and management often require distinct and complementary skill sets, and are both critical to the leadership development process. The resources below have been identified as helpful guides to support current and aspiring leaders.


Commonly Used Authors and Texts

 School Leadership:

  • NEW! Schools That Learn- Updated & Revised by Peter Senge (2012)
  • NEW! Insights into Action: Successful School Leaders Share What Works by William Sterrett (2011)
  • Focus: Elevating the Essentials to Radically Improve Student Learning by Michael J. Schmoker (2011)
  • Leaders of Learning: How District, School, and Classroom Leaders Improve Student Achievement by Richard DuFour and Robert J. Marzano (2011)
  • Leadership for the Schoolhouse: How is it different? Why is it important? by Thomas Sergiovanni (2000)
  • Moral Imperative of School Leadership by Michael Fullan (2003)
  • Moral Leadership: Getting to the Heart of School Improvement by Thomas Sergiovanni (1992)

Teamwork:

  • Difficult Conversations: How to Discuss What Matters Most by Douglas Stone, Bruce Patton, Sheila Heen, and Roger Fisher (1999)
  • Looking Together at Student Work by Tina Blyth, David Allen and Barbara Schieffelin Powell (2008)
  • The Five Dysfunctions of a Team by Patrick Lencioni (2002)
  • The Speed of Trust by Stephen Covey (2006)

Adaptive Leadership:

  • Leadership on the Line: Staying Alive through the Dangers of Leading by Martin Linsky & Ronald A. Heifetz (2002)
  • Leadership Without Easy Answers by Ronald A. Heifetz (1998)

Change Leadership:

  • Change Management by Jeffrey Hiatt and Timothy Creasey (2003)
  • Good To Greatby Jim Collins (2001)
  • Motion Leadership: The Skinny on Becoming Change Savvy by Michael Fullan (2009)
  • Leading in a Culture of Change by Michael Fullan ( 2003)
  • Leading Change: Step by Step by Jody Spiro (2011)
  • The Human Side of School Change: Reform, Resistance, and the Real-life Problems of Innovation by Robert Evans (1996)

Emotional Intelligence:

  • Emotional Intelligence: 10th Anniversary Edition; Why It Can Matter More than IQ by Daniel Goleman (2006)
  • Working with Emotional Intelligence by Daniel Goleman (2000)
  • Emotional Intelligence 2.0 by Travis Bradbury, Jean Graves, and Patrick M. Lencioni (2009)

Learning Organizations:

  • Leading for Learning: How to Transform Schools into Learning Organizations by Phillip Schlechty (2009)
  • Reframing Organizations: Artistry, Choice & Leadership by Lee G. Boleman and Terrence E. Deal (2003)
  • The Fifth Discipline: The Art & Practice of the Learning Organization by Peter Senge (2006)

Management:

  • The One Minute Manager by Kenneth H. Blanchard & Spencer Johnson (1982)
  • The Leadership Pipeline: How to Build the Leadership Power Company by Ram Charan, Stephen Drotter & James Noel (2011)

Mark Rush
Mark Rush
Executive Director of Principal Pipeline Strategy at NYC Department of Education















Experience



Deputy Cluster Leader

NYC Department of Education
 –  (1 year 9 months)Greater New York City Area


Principal

NYC Department of Education
 –  (3 years 8 months)Greater New York City Area


Assistant Principal

NYC Department of Education
 –  (3 years)Greater New York City Area



Teacher

NYC Department of Education
 –  (8 years)Greater New York City Area
To build a principal pipeline, city tries an ‘all-of-the-above’ approach



Erica Zigelman has watched from up close as the city’s approach to preparing school leaders has evolved over the past decade.
In 2005, she was in the second graduating class of the NYC Leadership Academy, the fast-track principal training program with a paid yearlong residency, which the Bloomberg administration created to mold a new corps of leaders to carry out its policies.
Today, Zigelman still heads the Washington Heights middle school she founded after her training, even as the city relies less on the academy to train principals like her. But she now mentors aspiring principal-assistant principal pairs and rising teacher-leaders who are in new training programs meant to prepare the next generation of school leaders.

“It’s all about the pipeline,” said Zigelman, who spent two decades in the school system before founding M.S. 322. “You’ve always got to look for your up-and-coming leaders.”
The Leadership Academy was designed to fill gaps left by the city’s longstanding process to become a principal, in which educators work their way up within schools over time. But with about 200 principal slots to fill each year, the city has recognized the need to branch out beyond its boutique principal-training academy.
Fueled by a $12.5 million grant, the city has lately adopted what one recent report called an “all-of-the-above” approach: It has found less costly ways to prepare principals on its own and to seek out potential leaders earlier in their careers, while at the same time working more closely than ever with hand-picked training partners, which are also trying out new strategies.
Meanwhile, Chancellor Carmen Fariña, a former principal, has proclaimed her vision of school leader as master teacher and collaborator-in-chief. But apart from a shift in the principal-eligibility rules, it remains to be seen how her thoughts on the role of school leaders will affect how they are trained.
“I ask myself that question every night,” said Joshua Thompson, the executive director of the New York City and Newark office of New Leaders, one of the city’s training partners. “It’s definitely to-be-determined.”
Former Chancellor Joel Klein launched the Leadership Academy a decade ago to fill a surge of expected school vacancies with principals trained to apply a corporate-minded focus on data and results to school management.
But starting with its first class of 77 graduates in 2004, the academy has never produced enough principals to replace all those who leave the system. And because of the academy’s steep cost — its students pull in administrator salaries while training under mentor principals — the city has paid for fewer and fewer participants, down to just 20 this year.
The city has also driven down costs by creating its own principal training program, which relies on the Leadership Academy for curriculum and recruitment support, but has participants keep their jobs in their own schools rather than apprentice elsewhere. It has also reduced the Leadership Academy’s residency from a full to a half-year.
New York City district school teachers attended a recent training for current principals run by the Relay Graduate School of Education. With the city’s support, the school recently launched a new program for aspiring principals.
To draw even more quality principal candidates into the system, the city in recent years has decided to work more closely with outside training groups.
After scrutinizing different programs, city officials chose to partner with three universities and two nonprofits, New Leaders and the Leadership Academy, out of about two dozen such programs that operate in the city. It also encouraged the Relay GraduateSchool of Educationa new institute with strong ties to the charter-school sector that had previously only trained teachers, to pilot a program for aspiring principals.
The city has helped the programs recruit promising principal candidates, pay for some of their costs and for some students’ tuition, tailor their courses to the city’s needs, and find placements for their graduates. It has pushed them to tie their admissions criteria, curriculums, and assessments to the city’sQuality Review rubric, which is used to rate schools and principals.
Kenneth Grover of Bank Street College said the city’s outreach has spurred the school to share training ideas with the other partner institutions, Fordham University and Teachers College. And it has given the school a clearer sense of the city’s expectations for principals.
“We have a greater understanding of what’s being done and why,” said Grover, chair of the school’s educational leadership department, “which has given us more time to integrate it into our program.”
Much of the department’s work with the partners is funded by a multi-year grant it was awarded in 2011 by the Wallace Foundation, a New York-based philanthropy that helped fund the launch of the Leadership Academy.
The grant stipulates that a significant number of graduates from the city’s revamped training programs or its partners’ must be heading schools by January 2015. Those programs currently have 229 participants, according to the city.
The principals will be evaluated using the city’s new online database, which can match administrators with school data, such as teacher-retention rates, attendance, and student test scores, according to Jody Spiro of the Wallace Foundation.
Soon, the foundation will ask the city to focus its improvement efforts on the principal-training groups it did not choose as partners, according to Spiro, Wallace’s director of education leadership.
“The objective is to raise the quality of all the preparation programs,” she said.
Principals from around the country gathered in New York for Relay’s intensive summer training course.
The city and its partners have also started over the past few years to seek out exceptional educators before they are ready to run their own schools. The education department, New Leaders, and the Leadership Academy now offer programs that let teachers, instructional coaches, and assistant principals sharpen their leadership skills without committing to become principals.
The moves are partly an effort to catch potential leaders who might not have considered running a school. But they are also an acknowledgement that the Leadership Academy and other fast-track trainings, which initially let some teachers leap from the classroom into the principal position without experience managing adults, left some unprepared for the job.
“At the beginning, there was a trend of, ‘Look, the system is broken and we just want to get new people in there,’” said Verta Maloney, New Leaders’ managing director of programs. “That really doesn’t work.”
Fariña responded to concerns about unprepared principals during her first month on the job, when she said that aspiring school leaders now need seven years of in-school experience instead of three. The policy change drew gasps and then cheers at the principals meeting where she announced it.
In fact, department officials had already checked and found that only a handful of aspiring principals would not meet the new requirements. At New Leaders, for instance, the average would-be principal today has worked in schools for about eight years, Maloney said. And at the Leadership Academy, only one person in last year’s 22-person cohort would have fallen short of the seven-year requirement, according to its director.
More significant may be Fariña’s call for principals to spark cooperation among educators, which has inspired a new school-partnering program and provisions in the new teachers contract that require joint teacher-administrator committees. Irma Zardoya, CEO of the Leadership Academy, said she had “talked a lot” with Fariña about the need for principals to “create shared decision-making in their schools.”
Jody Spiro of the Wallace Foundation said Fariña’s emphasis on collaboration is backed by research, with the most successful schools having high levels of “collective leadership.” The challenge is training future principals to foster those conditions, she added.
“What’s critical is that these themes of Carmen’s get translated into the preparation programs,” she said.


Suspensions Fall In Number, But a Lack of Discipline Brings Problems

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John Adams High School

As New York City’s suspension rate falls, some educators see a parallel dip in discipline

A year after the de Blasio administration revised the discipline code, some schools are still struggling to adapt



From the outside, John Adams High School in Queens looks like a poster child for New York City’s new approach to student discipline.

The number of students given out-of-school suspensions plummeted from 382 in 2011 to just 28 in 2014, according to state records. A new behavior system rewards good deeds with bright green “Rack ‘Em Up” tickets, and fighting results in peer mediation and apology letters. Last year, a group of educators traveled from the Netherlands to observe the system.
 
Breina Lampert
But several teachers at the large Ozone Park school say the changes mask serious and persistent problems with student behavior. During a single week in March, one student was found unconscious on the school’s front steps after using drugs, another student was caught with a marijuana pipe, and several students erupted into a physical altercation in a hallway, according to a school log.

Though such incidents aren’t new or rare at many large high schools, some teachers at John Adams pin the misbehavior partly on recent changes in the city discipline codethat restrict the use of suspensions. And as Mayor Bill de Blasio pushes schools to find alternative responses, the teachers say that administrators are increasingly wary about racking up high suspension counts.

At a meeting this week at John Adams, which is under city and state pressure to make major improvements, the school’s union representative told teachers said she believed the principal was not suspending students for serious infractions because “that makes their numbers look bad,” according to an audio recording. But she said the problem goes beyond Adams’ leaders.
Daniel Scanlon

“This is the problem right here: That the regulations are too lenient,” she said, holding up a copy of the city’s revised discipline code. “It does go from parent conferences to expulsion, but it’s never getting to the expulsion stage. It’s never even getting to the suspension stage.”

Such complaints by teachers at John Adams and elsewhere could spell trouble for Mayor Bill de Blasio’s effort to overhaul the way the school system handles misbehavior— a policy shift that must be enacted school by school, by individual educators, and which is already under assault by pro-charter school groups that say traditional schools have become more dangerous under de Blasio.
When the mayor announced the new discipline policies early last year, he insisted that schools could suspend fewer students while remaining safe and orderly. Since then, suspensions have fallen by nearly a third — a trend officials hold up as evidence that the discipline shift is taking root.

But some educators are questioning that narrative.

Teachers at a few schools say their principals won’t give suspensions even when warranted, inviting some students to act out and threatening their peers’ learning and even safety. Meanwhile, the principals union has suggested that the policies diminish principals’ discretion. And the head of the teachers union, the mayor’s staunch ally on most issues, has brought concerns about the policy’s rollout to the schools chancellor.

Even fierce proponents of the policy change worry that schools have not received the necessary support to transform their discipline practices.

“Schools need to stop the over-reliance on punitive discipline,” said Anna Bean, campaign coordinator for Teachers Unite, an educator-led advocacy group that backs the policy changes. “But a lot of schools are definitely struggling with what do we do instead.”

A message from the top

Cities across the country have pivoted away from suspensions and arrests for nonviolent school offenses in recent years, fueled by research showing such “zero-tolerance” policies tend to disproportionately affect students of color and often fail to improve student behavior. While those numbers have been on the decline in New York City for several years, the de Blasio administration has made clear that they must fall even further.

In February 2015, the city revised the discipline code so that principals now need approval before suspending students for insubordination. Out-of-school suspensions are no longer allowed in response to altercations that involve shoving, throwing objects, or spitting. Officials also vowed to restrict the use of suspensions and handcuffs on young children.

But even when the code permits suspensions, principals are said to be under pressure to consider other options. Teachers say that district officials are more frequently rejecting schools’ requests for more serious, out-of-school suspensions, and principals union leaders say schools’ overall suspension figures are under heightened scrutiny.

“There’s a heck of a lot closer attention being paid now to the numbers of suspensions that people are doing,” said Council of School Supervisors and Administrators Executive Vice President Mark Cannizzaro, adding that some principals feel their discretion has been “compromised.” “People are being called out when their numbers are at a point that someone determines as high.”

Advocates and even the union officials say that some oversight is justified, and that alternative responses can work better than suspensions.

But some teachers argue that principals are declining to give out-of-school suspensions even when the discipline code calls for them because they doubt that department officials will give their approval. Instead, they rely on other consequences or shorter suspensions that typically keep students in school.

During a fight at a small high school inside the Christopher Columbus campus in the Bronx last month, a student tried to stab another boy with a pair of scissors, according to a teacher there. The discipline code, which describes scissors as a “category II” weapon, lists an out-of-school suspension as the minimum recommended consequence for an attempted attack with such weapons.

However, the school recorded the incident as reckless behavior, a less serious infraction that allowed for an in-school suspension, according to the teacher. When challenged, the principal told the teacher that the district’s safety official would likely have rejected the request for an out-of-school suspension. Soon after, several teachers filed a safety complaint with their union. (An education department spokeswoman said she could not comment on the incident.)

Christine Montera, a teacher at East Bronx Academy for the Future, a different Bronx school that serves grades 6-12, said she knew of several instances where the district office had denied her school’s request to issue out-of-school suspensions. She doesn’t believe it is fair or effective to suspend students for minor misbehavior, she said, but the new restrictions are creating new discipline problems.

Students get the sense that “if I do something and I didn’t get suspended for it, now I can get away with stuff,” she said. “That sense is spreading.”

Lois Herrera, who heads the city education department’s Office of Safety and Youth Development, said the city does not factor the number of suspensions into principal or school ratings so that schools feel free to use them when appropriate. However, she said that district officials do inquire about the severity of a student’s misbehavior and the school’s other intervention attempts before approving longer suspensions.
“We don’t want an over-reliance on suspensions,” Herrera said, calling that “the old way of doing business and a very punitive way of doing business.”

Seeking support

In place of suspensions, the city is prodding schools to rely more on interventions such as counseling, peer mediation, and behavior contracts, which officials and advocates say are more effective at preventing misbehavior and treating its root causes.

But there’s a catch: those practices demand more time and training. Instead of just sending students to the office, a “restorative” approach calls for staffers to help students analyze poor decisions, develop a bank of better choices, and apologize for harm they’ve caused.

Teachers at several schools said they have yet to receive training or to see school-wide systems of interventions and consequences to replace suspensions. Citywide, only a subset of schools has received training on restorative practices.

Many teachers at Lehman High School in the Bronx are uncertain about how to respond to serious behavior problems in light of the policy changes, said math teacher and union representative Jeffrey Greenberg. Staffers at the low-performing school were told to give lists of students who require emotional or academic support to the school’s nonprofit partner, but they are less sure what to do when students break rules during class that previously would have triggered a call to the dean and a suspension.

“In the old days, the kid would cross the line and [the administration] would take care of it,” he said. Now, “the line is not really clear.”

Advocates have long called for the city to fund on-site coordinators at schools to oversee the conferences, training, and conflict-resolution classes that well-run alternative discipline systems demand. But only 15 schools have received funding from City Council for those positions, and city officials said they have no plans to significantly expand the number of those coordinators.

At a teachers union meeting in January, 62 percent of the 414 school representatives who participated in a survey said their schools do not have enough staffers to intervene when students misbehave, and 80 percent said misbehavior was disrupting learning at their schools, according to a union report.

Teachers union President Michael Mulgrew (center) has raised concerns with Chancellor Carmen Fariña (right) about principals who have nearly abandoned suspensions, as well as there being too little teacher training as schools transition to alternative discipline systems.

United Federation of Teachers President Michael Mulgrew has relayed concerns to Chancellor Carmen Fariña about principals who have nearly abandoned suspensions, as well as there being too little teacher training as schools transition to alternative systems.

“What are you going to do differently to make sure this important work is getting done,” Mulgrew said in an interview, referring to the education department, “and not just throwing it at schools?”

Department spokeswoman Toya Holness, who noted that crime in schools is down along with suspensions, said the city has funded 250 new guidance counselors over the past two years along with teacher training. The mayor’s preliminary budget in January included $47 million for school discipline initiatives, such as adding mental-health services, full-time social workers, and “culture coordinators” to schools with the highest suspension rates.

“We believe that we are on the right course,” said Herrera, the school safety official, “in terms of moving away from suspensions.”

Growing pains
Where some critics see the pendulum swinging too fast and far away from suspensions, proponents of the change chalk up those concerns to unavoidable growing pains as the country’s largest school system takes a radically different stance on school discipline.

The restrictions on suspensions for insubordination — such as cursing at a teacher or refusing to leave a classroom — have been an especially difficult transition for teachers, some administrators say. The teachers see those incidents as undermining their authority and allowing a student to disrupt learning for an entire group. In such cases, a phone call home or a meeting strikes some teachers as insufficient.

“A common complaint is that kids don’t know consequences,” said Mike Dunson, an assistant principal at Harvest Collegiate High School in Manhattan, which emphasizes restorative practices rather than suspensions. An insubordinate student may eventually face a “fairness” panel made up of students and staff or a mediation, but some teachers would prefer a more immediate, decisive response.
“I ask them what consequences are you talking about,” Dunson said, “and they don’t want to say ‘I mean suspensions,’ but that’s kind of what they mean.”
New York Civil Liberties Union Executive Director Donna Lieberman at a 2014 rally calling for reforms to the city’s school discipline policies.
Donna Lieberman, executive director of the New York Civil Liberties Union and a member of a city task force on school safety, said the city must still do “an enormous amount of work” to help schools rely less on suspensions. But she said schools were already making adjustments on account of the policy change.

“A system that is decades in the making, even with the best of intentions and all the resources in the world,” she said, “doesn’t change overnight.”

John Adams’ principal, Daniel Scanlon, did not respond to a request for comment. An education department spokeswoman said that the school administration follows protocol when responding to incidents, and that the department has provided training to help the school use “guidance interventions” and other alternatives to suspension.

Outside the school last week, several students said they generally feel safe at the school and have noticed fewer fights this year. A few teachers said that any large school will have some serious incidents, and that John Adams’ positive-behavior system leaves suspension on the table even as it offers an assortment of other options.

“Every student is an individual, and they have to be dealt with on an individual basis,” said a teacher who gave only her first name, Patricia. “And I think our faculty and our staff and our administration do very well with that.”

Comment

This reminds me of the story about the king not wearing any clothes. Suspensions are not only about the suspended student. Suspensions are to demonstrate to the other students and staff that there are consequences for dangerous and undisciplined behavior. Suspensions are also supposed to demonstrate that education and safety are the priorities in the schools. When students who disrupt the educational process, instill fear in students and staff, create an unsafe environment, are violent, sell illegal substances to the other students, etc. are not removed, chaos will ensue. When the rest of the school population understands that there are no consequences for violence, uncouth behavior, weapons, fights, selling drugs, threats, etc schools become inhumane and the children who attend school to learn end up suffering the most. Does anyone care about the students who attend school to learn? I find it sad and disgraceful that I even have to ask that question. I do not need a crystal ball to predict that discipline in the NYC schools will only get worse.

    Amendments to Student Safety Act Are a Win for School Discipline and Student Well-being
    LINK
    September 29, 2015 — The New York City Council is set to pass a set of sweeping reforms to the Student Safety Act that will result in increased data reporting on school discipline practices and their impact on our city’s children. The amendments will require, for the first time, reporting by both the NYPD and the Department of Education on the use of metal detectors, handcuffs and restraints in city schools.

    “Amending the Student Safety Act is an important step toward fair, safe and nurturing school environments for all of the city’s schoolchildren,” said NYCLU Executive Director Donna Lieberman. “Complete data transparency on school discipline and law enforcement practices is essential to evaluate current policies, 

    end unacceptable racial disparities, support kids with special needs, and ensure 

    that all children are treated with respect and dignity. No child should end up in the police precinct when what they really need is help from a guidance counselor or social worker.”

    For years, schoolchildren in New York City have been subject to overly aggressive practices by police in their schools. There are more police personnel in New York City public schools than there are on the streets of almost every major city in the United States. The NYPD admits its school safety officers, who are not trained as educators, use restraints and handcuffs on kids as young as 5-years-old. Moreover, over 100,000 students in the city are estimated to walk through metal detectors to enter school every day.

    The Student Safety Act, passed in 2011, addresses the lack of transparency about many overly aggressive disciplinary tactics. The Act requires quarterly reporting by the Department of Education and NYPD to the City Council on school safety and disciplinary issues, including incidents involving arrests and suspensions of students. It provides the public with raw data to study the impact of disciplinary practices and, since its enactment, has lead directly to the adoption of more effective alternatives.

    The amendments passed today will further increase transparency by closing loopholes in the Student Safety Act and improve public disclosure of comprehensive data on school suspensions and law enforcement activity in schools, including:
    The use of permanent and roving metal detectors;
    The use of handcuffs on students;
    Inappropriate use of Emergency Medical Services (EMS) for behavior and discipline-related incidents;
    Students who are repeatedly suspended in the same school year;
    Arrests and summonses issued by all NYPD personnel; and
    Schools that suspend zero students.

    All changes are set to take effect January 1, 2016.

    Since 2007, the NYCLU has published four major investigations of school discipline, documenting the disparate impact of zero tolerance and street policing tactics on children of color and those with special needs. The NYCLU also filed a federal class-action lawsuit on behalf of middle and high school students who were physically abused and wrongfully arrested at school by NYPD personnel. Currently, NYCLU Executive Director Donna Lieberman is part of Mayor de Blasio’s Leadership Team on School Climate and Discipline, which in July released a report that provided a roadmap to improving school climate while minimizing the use of suspensions, arrests, summonses and other excessively harsh discipline practices.

    “Today’s amendments build upon the reforms advocated by the New York Civil Liberties Union for nearly a decade that aim to make schools safer, more supportive learning environments for the city’s most vulnerable children,” said NYCLU Advocacy Director Johanna Miller. “We look forward to continuing our advocacy on behalf of New York’s 1 million school children, and our work with Mayor de Blasio’s Leadership Team. Today the City Council, the Mayor and advocates are working together to end the criminalization of school discipline, and promoting positive alternatives to keep kids in school.”
    Related Pages: 
    Testimony Regarding the Student Safety Act
    The School to Prison Pipeline: The Student Safety Act



    Assistant principal ‘helped’ students cheat on Regents

    During the Regents exam in August 2014, Breina Lampert, John Adams’ assistant principal for English as a Second Language, and ESL teacher Solomon Choudhury entered Room 249 while students were taking the test under the supervision of proctors, the letter said.

    The two stayed in the room for about 90 minutes, a witness who spoke to The Post confirmed.

    Afterward, a report listing how each student answered the multiple-choice questions showed that almost everyone in the room got No. 17 wrong — but nearly all the other answers right, the witness confirmed.

    “It’s a good thing that Mrs. Lampert came to our room to help us,” one student was overheard telling another, the whistleblower wrote.

    Then-assistant principal for security Adam Landman reported the apparent breach of protocol to principal Daniel Scanlon, who “chose to ignore” it, the whistleblower said.

    Instead, the principal transferred Landman to supervise an annex for ninth-graders several miles away.

    John Adams teachers reportedly scored the exams, despite rules forbidding teachers to grade tests from their own schools.

    In the second incident last January, students sitting closely in overcrowded English exam rooms shared answers, the whistleblower wrote. This time, outside graders noted “too many similarities” and refused to count the scores. Students had to retake the exam in June.

    This month, Lampert took 60 to 70 students — in summer school because of failing grades — on a bus trip into Manhattan to see Tom Cruise’s latest “Mission: Impossible” flick, a staffer said.

    DOE spokeswoman Devora Kaye would not answer any questions but said the alleged test tampering is under investigation.

    Lampert and Scanlon could not be reached for comment.

    The Carmen Farina Purging Strategy - Teachers, Parents, Children. Anyone Who Gets in Her Way

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    Carmen Farina
    The news story posted below is a big yawn.


    Carmen has been talking about 'bad' teachers and how she is getting rid of them since I first met her at PS 6 in 1997.

    How does she do it? She harasses people she doesn't like so that they resign, transfer, move out of State, retire, anything. Carmen, in my opinion, is obsessive about success. I saw her scrubbing grades, giving the smartest kids double time on standardized tests so that PS 6 test results were the best and getting bester. She hates to be wrong or to fail at what she has set her heart to do, and if you get in her way, watch out.  I know. I did.
    angry Carmen Farina
    One of my fondest memories was, after I asked questions about where the $225,000 in arts money was, that she had control over but was not given to arts programs at PS 6 and our sister school PS 198, Carmen was removed from PS 6 in 2001.

    Then I decided to run for PTA President against extremely unpopular Corporation Counsel Attorney and parent, Jane Gordon. We had a PTA meeting in the PS 6 auditorium so that Jane and I could discuss our platforms, and as I started to give my 'campaign speech', the door in the back of the auditorium opened, and at first I didnt know who the woman was who was screaming about me  and my "maligning her name". But as this woman got down to the front row of seats and sat down with her arms crossed and pouted as if she was a member of the kindergarten who was not allowed to have any cookies at recess, I realized it was Carmen. There was a silence in the room for several seconds....minutes? Until I said, "any questions?"...ready to have Carmen stand up and shout horrible things at me. She didnt. Jane won, then was removed by her own PTA Board mid-year. They hated her.

    The attack on you will be deliberate, mean, and long. She wont give up until she has you in her crosshair and the arrows ready to shoot.

    Being afraid of Carmen shouldnt be in your playbook. She thinks she is scary, but she is instead a grandmother trying to make chocolate cake out of vanilla beans.

    Always tell the truth.

    Betsy Combier
    betsy.combier@gmail.com
    Editor, NYC Rubber Room Reporter
    Editor, Parentadvocates.org
    Editor, New York Court Corruption
    Editor, National Public Voice

    The Fariña method of purging bad teachers

    Carmen Fariña has been talking a lot about bad teachers recently.
    The schools chancellor, who defined her first year on the job as a mission to restore “joy” and “respect” to the classroom, has, of late, been encouraging hundreds of city principals to identify and get rid of their weakest teachers.
    “The teachers who are not up to the job, you’ve got to get them out the door,” Fariña said to a large group of high school principals at a conference in late February.
    “Who are the teachers, if you had this wonderful grandchild, you would not want to see your grandchild in that teachers’ classroom,” Fariña told an audience of elementary school principals a few days earlier.
    In an interview with Capital last week, Fariña said asking principals to weed out their weakest teachers has been her “first statement when I get into any school visit. ... I repeat it over and over again."
    Removing ineffective teachers has been one of the Department of Education’s most intractable problems, and decades of mayors and chancellors have advanced their own reforms on how to get it done with the looming presence of the United Federation of Teachers.
    Fariña has repeatedly said she believes new provisions in the U.F.T. contract will help get weak teachers out of the classroom, including moving teachers out of the Absent Teacher Reserve (A.T.R.), a controversial pool of teachers who have been removed from the classroom but remain on the payroll. Separately, the U.F.T. contract includes a new definition of sexual misconduct aimed at getting potentially dangerous teachers fired.
    She’s also repeatedly reminded principals that teachers with two “ineffective” ratings can be removed from teaching more quickly.
    But she’s also been promoting her own tried and true method for getting rid of bad teachers—relentless monitoring of problem teachers and rounds of conversations convincing teachers they are in the wrong profession. The desired result is settling on inventive alternatives for teachers willing to be cajoled, or forcing out the ones who aren't.
    "There is an opportunity to leave gracefully or not so gracefully," Fariña told Capital. 
    According to Fariña, and to well-documented Upper East folklore, that method was effective at P.S. 6, the Manhattan school Fariña ran in the 1990s, which has long been considered one of the city’s best public schools.
    Now, she’s telling principals it can work for the city’s roughly 1,799 other public schools, too.
    “I had three teachers who I went for total removal with,” Fariña told Capital of her tenure at P.S. 6.
    She rattled off examples of other teachers for whom she found creative solutions.
    She managed to get a six-month suspension for one of her weakest teachers, she remembered, and then won another suspension with a series of letters about the teacher’s performance.
    “Then I got her out of the system,” Fariña said.
    Another problem teacher struggled with every subject except for science, so Fariña secured her a job as a science teacher at a middle school. And still another teacher was good with children but not moving the needle for them academically, so Fariña convinced her to retire, then hired her back to work two days a week.
    Asked to describe the Fariña method for pushing out bad teachers, the chancellor said, “It means you, as an administrator, have to be in that teachers’ classroom on a regular basis, keeping records, taking notes.”
    Fariña has appointed a D.O.E. official whose primary role is instructing principals on how to properly write letters about certain teachers to keep in their files.
    “I don’t think most ineffective teachers want to fail,” Fariña said, adding that principals should try “being blunt with them and saying ‘we don’t think this is your career.’”
    Fariña has brought her P.S. 6 tips and tricks to the chancellorship, picking out struggling teachers during her frequent school visits and advising her principals on how to remove them.
    Referencing a recent school visit, Fariña said, “I literally told the principal, ‘I will be back at the end of April, and so-and-so better not be here.’”
    Another principal invited Fariña back to her school to show that a teacher Fariña was worried about had recently resigned.
    But Fariña’s critics have said that despite her rhetoric, the chancellor has not done enough to ensure that ineffective and dangerous teachers are removed quickly.
    "If chancellor Fariña and Mayor de Blasio are serious about getting bad teachers out of city classrooms, there is a simple solution: support Governor [Andrew] Cuomo's proposed education reforms,” Jenny Sedlis, executive director of the group StudentsFirst, one of the administration’s most frequent critics, said in a statement on Monday. “Instead they are bowing to special interest pressures, which is why they need to use empty rhetoric instead of taking real action."
    Cuomo has proposed an expedited process for 3020-a cases, the legal forums for teachers accused of ineffectiveness or misconduct to plead their side. The governor has called the 3020-a process "broken." In some instances, a single case can drag on for years and cost tens of thousands of dollars. Of the three teachers she had to force out of the profession, Fariña admitted, “that took a lot of time.”
    The new U.F.T. contract does not contain any substantive changes to the 3020-a process. 
    Reform and pro-charter groups have accused the administration of being too accommodating of the U.F.T.; Fariña insisted the union was not interfering with her plans for firing ineffective teachers. “We have worked very collaboratively with the U.F.T.,” she said, adding, “If I’m getting pushback from the U.F.T. [on individual teachers] I or someone on my team is going to get involved.”
    “We know that our relationship is partners when necessary, adversaries when necessary,” she said of the union.
    At the three recent conferences, Fariña plied principals with some creative ways of moving weak teachers into new roles. “For those of you who are at large middle schools, consider giving up a full-time teaching position, and get a part-time reading specialist or specialist on organizational skills,” she said.
    Fariña asked principals to play to teachers’ strengths, and suggested one way to get inventive with U.F.T. work rules. “Teachers have to work six hours and twenty minutes, but no one says what those hours have to be,” she told the middle school principals. “If you have teachers that are particularly good at helping struggling kids, having some of them come in earlier for the kids start their school day and having them leave earlier is perfectly okay.” Fariña added that she had five teachers use flexible scheduling at P.S. 6.
    But she has been blunt about the end goal. Speaking before elementary school principals in February, she said, “we’re working very hard to make sure that two “ineffectives” in a row move teachers in a different direction. But it's your paperwork that’s going to make that happen, because you don’t want to say five years from now ‘I wish I had done that then.’”

    The 3020-a Arbitration Newswire: Digging Up The Garbage on the DOE Lawyers -Shareema Abel

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    Attorney Shareema Abel
    The lawyers I have watched who prosecute 3020-a Respondents are a motley crew, ranging from "I am trying-my-best to terminate this employee with quiet professionalism" to "this Respondent is scum and I'm gonna prove it even if I have to scream and yell."

    I believe that the NYC 3020-a Arbitrators and DOE Attorneys are in an impossible moral and ethical conflict, where they must overlook obvious violations of law and regulations, even the lies of their witnesses, to satisfy the DOE policy of terminating tenured teachers in order to stay on the panel or in their jobs. Is the $1400/day and/or the perks of being a DOE 3020-a Attorney worth the risks to reputation and future cases? The Arbitrators and Attorneys on the NYC panel must say yes.

    Some of the DOE Attorneys who prosecute teachers and other employees at 3020-a really believe that the person charged is guilty of terrible crimes to children....or, they are excellent actors. Sometimes the venom and disrespect heard across the table is so outrageous that it seems to have a personal distaste behind it for the person who is charged. I agree that if a teacher has sex with a young child in a classroom closet, the distaste and disrespect may be valid. But for a charge of not having a lesson plan? C'mon, that is absurd. I have seen this anger and it is not easy to view, even after studying the Attorneys and arbitrators at 3020-a hearings for 13 years, as I have.

    Are you an Attorney ready to defend the NYC DOE administrators as they wrongfully attack teachers and other staff? You must be willing to keep secret the failures of the charging agents (the Gotcha Squad, DOE "legal", principals, Assistant principals, whomever) to put two teachers in an ICT class; to give 'specials' (art-music-dance teachers) to special education children who have service providers listed on their IEPs; to provide state mandated SAVE or TIME OUT Rooms; to properly discipline and report rowdy and/or dangerous students who assault other students, teachers, staff. The list is long of the coverups you must do. But the pay is good. Below is an application:

    Administrative Trials Unit Attorney
    Tracking Code
    9652
    Job Description
     (Those who previously applied need not re-apply)

    Position Summary:  Under the direction of the Deputy Counsel of the Administrative Trials Unit, with wide latitude for independent action, the Administrative Trials Unit Attorney will serve as a legal representative of the Chancellor performing sophisticated legal work in disciplinary proceedings. Performs related work.

    Reports to: Director of the Administrative Trials Unit

    Direct Reports: N/A
      
    Key Relationships:  Director of the Administrative Trials Unit, Superintendents, and Principals.

    Responsibilities

    • Handles legal issues and cases, including recommendations concerning the soundness of charges, preparing specification of charges, coordinating the gathering of evidence, and briefing witnesses.
    • Responsible for legal cases that are complex and high profile in nature.
    • Represents the Department of Education (DOE) in Education Law 3020-A proceedings and hearings pursuant to Section 75 of the Civil Service Law.
    • Provides legal counsel and training to Superintendents and Principals on disciplinary procedures.
    • Acts as a liaison to executives within the agency and to other City agencies.

    Qualification Requirements:

    Minimum

    Admission to the New York State Bar and three (3) years of progressively responsible United States legal experience subsequent to admission to any state bar.

    NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

    Preferred

    • Minimum three (3) years litigation experience.
    • Ability to rapidly understand provisions of applicable laws and regulations.
    • Ability to write clearly and concisely.
    • Ability to conduct legal research efficiently.

     Salary: $85,000+

    Applicants must submit a cover letter and resume to be considered for this position.

    Resumes will be reviewed on an ongoing basis. We encourage applicants to apply as soon as possible.
      
    NOTE: The filling of all positions is subject to budget availability and/or grant funding.

    AN EQUAL OPPORTUNITY EMPLOYER
    It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation.  Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO
    Job Location
    NEW YORK, New York, United States
    Position Type
    Full-Time/Regular

    Each NYC Department of Education Attorney assigned to a 3020-a arbitration case is under the Office of General Counsel and must abide by the rules and the mandate of the Administrative Trials Unit ("ATU" - Laura Brantley, Director, and, rumor has it,  Karen Antoine, Deputy Director) or the Teacher Performance Unit ("TPU" - Naeemah Lamont, Director and Dennis Da Costa,


    Deputy Director) to terminate the person charged, no matter what the charges are. They change the rules to fit their whim-of-the-day, as they can.


    Gotcha Squad Attorney Ian Nikol (on the left)
    And one of the denial of rights for all charged UFT members of the DOE in New York City can be seen in the fact that no charged, tenured teacher may assist in choosing his/her arbitrator, as mandated by the NYS Commissioner's Regulations and Education Law 3020-a(3)(a)(b). NYSUT and the DOE did away with that right, leaving the appointment of arbitrators to the attorneys in the Gotcha Squad TPU or ATU. This is one reason why anyone falsely accused and found guilty of any specification must file (within 10-days) an Appeal (Article 75). This is why I filed a Freedom of Information request to New York State for all the vouchers of the Arbitrators, to show that the TPU and ATU have to reach out to lawyers in Chicago (i.e. Doyle O'Connor, in my opinion the worst arbitrator on the NYC panel). NY State Ed Department (NYSED) pays for the daily rate in hearing days and study time, but the NY City DOE pays for the travel. The DOE maintains their control over the arbitrator this way.

    If a Principal is charged with 3020-a, he/she may, with his/her CSA Attorney, choose an arbitrator. We did, in the cases where a Principal hired me and one of my attorneys. Outside of New York City when I and/or my services and an Attorney are hired to do 3020-a, we get a list of arbitrators and, with the school district lawyer on the case, mutually agree on a single arbitrator. Not in NYC. The arbitrator is assigned by Dennis Da Costa, Naeemah Lamont (TPU incompetency cases) or Laura Brantley (ATU misconduct cases). Thus if you have ever observed a 3020-a as a member of the public, been charged or have been a legal professional and/or witness at these arbitration hearings, you may have seen the arbitrator give deference to the DOE Attorney on the case. The arbitrator who wants to remain on the permanent panel does what Da Costa, Lamont, or Brantley want them to do, so that they are not fired.

    Gotcha Squad Attorneys Naeemah Lamont, Ian Nikol, Rishona Fleishman
    In NYC most, not all, of the arbitrators cannot be neutral. But cases can still be won on the defense. A strong defense, where all the school's violations of law and procedure are put on the table, can win the case. If the Respondent wants to Appeal - and I believe that all charged educators must Appeal - the Appeal is imbedded in the transcripts and the 60+-page closing argument.

    I have seen this at work many times, and the "persuasion" techniques used by Da Costa are reprehensible. In one case, the Arbitrator found a science teacher guilty of such minor charges that she gave the teacher a small fine and wrote in her decision that the teacher must return to her position at the school she had been teaching in. The TPU told the arbitrator after the decision had been sent out to all parties that there had to be another hearing. The Arbitrator travelled from Maryland and we went, only to hear Dennis Da Costa scream at this arbitrator that she had to modify her decision, as no teacher found guilty of anything can return to the school at which she was charged. The arbitrator agreed to remove that part from her Award, the teacher was made an ATR, and the Arbitrator left, humbled and disgusted with the attack of Da Costa (my opinion).


    Shareema Abel
    This post is about the behavior of one very strange former DOE attorney/prosecutor, Attorney Shareema Abel. She was an Attorney assigned to the TPU when I observed her at several 3020-a proceedings, one of which I was hired to be the paralegal. More about her career is below.

    In the case I worked on, Respondent teacher was a UFT delegate in addition to her position as a full time teacher who had never been disciplined in 3020-a before she received charges in 2013 for incompetency. The case was not ripe for arbitration, because when the hearing started, the Principal who had charged her, Angela Whitehurst of MS334, had resigned, under charges that  she - Principal Whitehurst - had altered records. When we received the discovery documents, and the Appeal of the Respondent's U-rating to the Office of Appeals and Reviews (OAR), we - I and the Attorney - noticed that almost all the documents were not signed, by anyone.

    My client said that she had not been able to see her file for almost 4 years, and had not been given a copy of the observations nor had she been asked to sign all but one. Principal Whitehurst, in her testimony, said that she destroyed all files and papers in her office when she was found guilty of wrongdoing, resigned, and became Principal of National Heritage Academies, a Charter School.

    We submitted a Motion To Remove Unsigned Documents From The Record based upon the UFT Collective Bargaining Agreement (CBA) Article 21:

    "ARTICLE TWENTY-ONE: DUE PROCESS AND REVIEW PROCEDURES in the CBA states:

    A. (1) "No material derogatory to a teacher's conduct, service, character or personality shall be placed in the [teacher] files unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its content."
    Almost immediately after Attorney Barrett gave the Arbitrator, Richard Williams, and Ms. Abel a copy of the Motion, Ms. Abel started acting in a strange way. Ms. Abel crumpled her copy of the Motion into as tiny a ball as she could make, and sat on it. Then a few minutes later she stuck her tongue out at me, and kept it out for as long as she could. About half an hour later Ms. Abel I guess saw me looking at her and she started saying "oh, I'm so beautiful, I'm so gorgeous...." while she wiped her forehead, her cheeks, her chin, over and over, as if to wipe something off of her face that was dirty or something. Attorney Barrett saw her wiping her face at the same time I did, and asked me what she was doing. We never figured this out.

    When Ms. Abel started her cross-examination of my client she stood up, walked around the table, and stood right next to my client so that my client had to look up from her seat while answering the questions. Mr. Barrett asked the Arbitrator if he would tell Ms. Abel to sit down, and he did, but Ms. Abel would not move. So, Mr. Barrett stood between Ms. Abel and the client. The arbitrator told everyone that he would not allow any disruptive behavior in his hearing, so he asked everyone to sit down.

    We won the case:

    Decision of Arbitrator Williams:

     "The school administrations lack of compliance with the UFT MOA provisions on "due process" 
    and ''teacher files" in this matter is simply astonishing and serves as credibility "dark cloud" over the entire proceeding against this Respondent....When a teacher is denied the right to view their own personnel file, they are essentially denied notice and the opportunity to be heard; when documents appear from an employer that set forth performance deficiencies in writing (electronic or otherwise) but contrary to express language in the MOA, no signature appears from a teacher acknowledging the document was shown to them, that teacher was denied notice and the opportunity to be heard; when an administrator testifies they spoke with a teacher concerning performance deficiencies that were noted during an observation but the teacher denies that either observations or discussions took place, and neither the administrations' written notations of those observations nor any other corroborative evidence of the observations or discussion is produced, and where there is no written acknowledgement of receipt, the conclusion that the teacher was denied proper notice and the opportunity to be heard is the more plausible conclusion...It is also true however, that in a disciplinary context, the failure to provide a teacher with the protective rights to which they are entitled pursuant to a collective bargaining agreement, will negatively affect any disciplinary action brought in contravention of those rights. As stated earlier, the failures related to the availability and maintenance of teacher files and the failures related to "lesson specific" pre-observation meetings in the context of Formal Observations, negatively affect the 'just cause" of certain specifications within this disciplinary action."

    Within a week or two, Shareema Abel was gone from the NYC TPU/ATU Offices, and moved to Governor Cuomo's Office as special counsel to the Commissioner for Ethics, Risk and Compliance for Homes and Community Renewal. In my opinion, Shareema Abel should not be in that office. Not from what I saw at 49-51 Chambers Street, 6th Floor.

    Betsy Combier
    Editor, NY Public Voice



    Shareema Abel
    Shareema Abel (formerly Gadson-Shaw) is a 1996 Harpur College graduate. She received her JD from Hofstra University School of Law in 1999, where she was a member of the Labor and Employment Law Journal and the Trial Team. Shareema was appointed by Gov. Andrew Cuomo as special counsel to the Commissioner for Ethics, Risk and Compliance for Homes and Community Renewal. She served as litigation attorney in the Teacher Performance Unit of the New York City Department of Education, where she was lead counsel on disciplinary hearings of tenured pedagogues. Formerly, she was an Assistant District Attorney for the Bronx District Attorney's Office. During her ten years at the District Attorney's Office she served as lead trial counsel on violent felony cases including homicide, robbery, burglary, and serious physical injury assault. Shareema also served as an Adjunct Professor at Hofstra University School of Law in the field of trial advocacy. She has been an instructor for the National Institute of Trial Techniques since 2004 and currently teaches the Building Trial Skills and Deposition Skills programs in Berkeley, San Diego and San Francisco, California.
    Shareema Abel has been appointed Special Counsel to the Commissioner for Ethics, Risk and Compliance for Homes and Community Renewal. She currently serves as Litigation Attorney in the Teacher Performance Unit of the New York City Department of Education, where she was lead counsel on disciplinary hearings of tenured pedagogues. She previously served as an Assistant District Attorney in Gangs/Major Case/Homicide Bureau of the Bronx County District Attorney’s Office. Ms. Abel has a J.D. from Hofstra University School of Law and a B.A. from Binghamton University. 
    LINKEDIN:








    "Special Counsel for Ethics, Risk and Compliance

    New York State
     – Present (1 year)New York City
    As a gubernatorial appointee, I operate from within NYS Homes and Community Renewal to identify risk, areas of improvement and mitigation for identified risks. Review Agency initiatives and programs to identify risks and opportunities, ensure high ethical standards, track issues that affect significant agency operations and recommend risk-mitigation measures. Identify and prioritize training needs for Agency personnel. Address risk centered personnel issues with unionized employees. Work collaboratively with the agency's Commissioner, General Counsel, Internal Control Officer, Internal Audit Officer, Executive Level Management and others who have risk responsibilities within the agency to effectuate implementation of risk mitigation measures. Work as a team with Special Counsels in other State agencies, and liaise to ensure development and standardization of best practices across NYS agencies. Develop a State-wide system to manage identified risk and ensure compliance, develop and streamline risk-reduction measures across agencies, with particular focus on reducing fraud and abuse." 



        From me to the Governor:

    Governor Cuomo: you must be kidding.


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