Tuesday, December 10, 2013
Why Does The DOE Violate Chancellor's Regulation C-770 When It Comes To Reassigning Teachers?
For some reason high-profiled teachers that the DOE has reassigned for alleged misconduct and awaiting their 3020-a hearings are being sent to different Boroughs from the schools that they are removed from. This is in violation of the DOE's own regulations called Chancellor Regulation C-770. Furthermore, this violates the spirit of the DOE/UFT contract that requires reassigned teachers be placed in their Districts or Borough Offices.
Chancellor Regulation C-770 states that any reassigned (suspended) teacher must be placed in his or her district unless there is extraordinary circumstances that requires a different placement. The exact language is as follows:
CHANCELLOR’S REGULATION C-770
5. Assignments for Suspended Employees Suspended employees are to be assigned within their own districts or divisions. Requests for a temporary change of assignment because of extraordinary circumstances must be directed in writing to the Executive Director of the Division of Human Resources, with supporting statements for the request. The Executive Director shall confer with the Office of Legal Services regarding this request. The employee is not to be reassigned from the district or division until written authorization has been granted.
The key here is the word "extraordinary". The meaning of "extraordinary" is defined as"very unusual, and very different from normal". You would think that the DOE would have to prove that forcing a reassigned teacher to travel to another Borough meets that definition. Instead if you are a high profiled blogger like Francesco Portelos, or South Bronx School, they retaliate against them by making them travel to a different Borough to sit and shuffle papers, if that.
This form of DOE retaliation must stop and the NYSUT attorneys must bring this up to arbitrators as being vindictive and a disparate treatment to their client. If the DOE cannot follow their own regulations then they should be punished for their abuse of power. Nothing less would suffice.