Let's get something straight, the ATR crisis that started a decade ago is the creation of the DOE but it would not have been possible without the approval of the Unity leadership running the UFT. This post will explain the story about how the ATR crisis evolved and how our disconnected union leadership was complicit in its creation.
Chapter 1 - The creation of the ATR crisis:
There were always ATRs as schools needed less teachers or downsized programs. However, by contract, these excessed teachers were given a list of vacancies in their District and could select the vacancy by seniority order. However, UFT President Randi Weingarten agreed to a "giveback-laden" contract in 2005 that eliminated the provision that allowed excess teachers to have first choice on any vacancy in their District. Instead, principals were now allowed to hire whom they pleased and many principals decided to hire newbie teachers rather than excessed teachers for their vacancies. The result was for the first time, there was a pool of excesses teachers.
Chapter 2 - Fair Student Funding:
In 2005 Chancellor Joel Klein proposed an entirely different way to fund the schools that were being used by other Districts in the nation called "fair student funding" (fsf). However, unlike the other Districts that use the fsf for the average teacher salary District wide, the city version is based only on the school. The result is that schools are encouraged to hire the "cheapest and not the best teachers" for their students. When fsf was first proposed, the DOE was expecting the union to oppose it and had little chance to put the fsf in place but shockingly the union did not object and the result was an explosion of the ATR crises.
Chapter 3 - Win your case lose your appointment:
Sometime after the 2006 school year the DOE decided that teachers who won their 3020-a termination case or took settlements lost their appointed position and were sent to the ATR pool. The union decided that this new DOE policy was not worthy of a PERB complaint despite many teachers who wanted their position back.
Chapter 4 - The ATR rotation:
In 2011 the union leadership in the form of Michael Mandel decided that rotating ATRs weekly was a great idea as it exposed ATRs to different principals and theoretically would result in "good fits" that would get them permanent positions. However, this was a "pipe dream" since fsf and the rise of the Leadership Academy Principal (20% of all principals) made hiring an ATR a difficult, if not impossible mission. The DOE has found the rotating ATRs a great benefit to their aim to demonize the ATR as it made ATRs "a stranger in a strange land" and encouraged the feeling of being unwanted and maybe get some of them to resign or retire in frustration.
Chapter 5 - The field supervisors:
In 2012 a pilot project in Brooklyn was expanded citywide the next school year to have ATRs be observed by field supervisors in classes that the ATR had no knowledge of and must prepare a lesson that had rigor, differentiation, and was inclusive, an impossible task. Despite hundreds of complaints the union supported the DOE and refused to help the ATRs. The result is that the first "U" rated ATRs are now in their 3020-a termination hearings based on field supervisor "flyby" observations.
Chapter 6 - Making ATRs second class citizens:
The 2014 contract made ATRs second class citizens as they were forced to go to mandatory interviews and could be terminated if they didn't show up to two of these interviews. Moreover, only ATRs are now subject to a one day 3020-a hearing due to the ill-defined "unprofessional conduct". Finally., if an ATR missis two consecutive days of a new assignment without "just cause" they are considered to have voluntarily resigned.
Chapter 7 - Unity opposes ATR Chapter:
In 2015 the ATRs lead by the opposition caucuses, asked for an ATR Chapter. However, the union leadership opposed it and even fought it at PERB, falsely claiming that ATRs were temporary when some veteran teachers have been ATRs for a decade.There's nothing temporary to those ATRs.
Chapter 8 - Making it easier to terminate ATRs:
In September of 2015 the union's lawyer, Adam Ross, signed off on a letter that allows the field supervisors to recommend 3020-a termination charges to Superintendents that now will give more weight to supervisor observations in which to terminate ATRs.
The book on ATRs has not been finished but unless the "Unity caucus" is defeated and removed from power, its very obvious that the final chapters will not have a happy ending for the ATRs.
26 comments:
Blah Blah Blah. Nothing ever gets better in the DOE. Been an atr for the last 3yrs and have rotated into almost every high school in queens. Most of them are horrible and the appointed teachers should be ashamed of themselves for treating me like I'm a second class citizen. 21 yrs in and a long 4yrs to go. 18 more hours until I'm a abused again and 18 more months until our wonderful Union won retro payment. What fools we all are for putting up with this crap. Almost forgot, only 2 more months until our Union won 3% raise. Can't f-in wait. NOT!!!
P.S Dont we all feel better that we have that Amy person protecting our rights. 😀😀
It is all sickening, especially the fact that teachers who "win" 3020a charges are placed in the ATR pool. If they are "innocent" they should get their placement back immediately.
Great post. When I try to explain the ATR situation to friends who aren't in the DOE, they are incredulous. Some friends think I'm pulling their leg when I tell them I'm subbing. "Did you retire?, This is how the UFT allows its most experienced teachers to be treated!, What's going on?". I'm tired of explaining it. Let Mulgrew explain why this is still going on, two years after Bloomberg has left office. I'd also like to understand why we were denied a chapter, especially if he's already signed off on an extension of the current ATR provision. Maybe he should have a Q and A, as he is ruining for UFT president.
You earn ATR status the moment OSI/SCI/OEO substantiates the charges. Thus later acquittal means nothing ATR-wise. It doesn't matter that you proved that the DOE was dirty, their cops corrupt, and their witnesses perjurious. And our union is speechless on yet another instance of un-American activities by the DOE.
No wonder Mulgrew walked back his once ballyhooed Truth Commission. He was afraid it would backfire. Where is Unity's Snowden when we need him/her?
Hey Chaz,
What is the role of the "peer validator" in all of this? Is that role going to continue?
They are to determine if you are "ineffective" and based on the first year, 70% are.
And yes they will continue since the DOE loves them and the UFT agrees.
So, Philip, what happened in that case out in Jersey. You said on this blog last year that you were charged with something and would use the case to expose DoE. We're u successful?
11:51 "It is all sickening, especially the fact that teachers who "win" 3020a charges are placed in the ATR pool. If they are "innocent" they should get their placement back immediately."
Very very few 3020a respondents have "all charges dismissed". In other words, complete dismissal of all charges - no suspension, no fines, no letters, no warnings, no admonishments. A complete dismissal of all charges.
(Even a teacher essentially innocent of the charges is frequently found guilty/fined/reprimanded for some minor offense tangentially related to one of the charges. In their own minds the have 'won" the case [essentially innocent of the charges, still have a job] but this is not what I am referring to. I mean cases with a complete dismissal of all charges and no action or findings against the teacher at all.
In those very very rare cases, I am not sure if they remain on ATR status.
Good point.
Also almost everyone entering the process process moves into "substantiated."
Chaz, are these turning out to be peer assassins?
If you are totally exonerated at 3020a, you go back to your school. Everyone who says that they were "fully exonerated" but sent to the ATR pool is speaking an untruth. The arbitrator found them guilty of something. I'm not saying that they deserved it, or that the ruling is just or making any value judgement about it one way or the other. But, the statement is simply false. I'll repeat myself. Anyone who says they were "fully exonerated" but were ATR'd is either lying, equivocating, justifying, or in a state of denial.
We all know the real reason for the ATR pool. Back when Bloomberg and coke bottle glasses klein created the pool, bloomshits then went to albany to try and eliminate the first in last out law. (LIFO) This was the creepy bloombergs way of firing people in the UFT. Remember bloomberg actually had a plan with people getting fired for U ratings, attendance issues, atrs...all were listed in a firing order. The plan was derailed in albany rejecting the LIFO law change because of people like Chaz pointing out how other unions in NYC would have a conniption shit fit if the LIFO law was changed and that actually this could not be done legally. So, bloomberg was stifled and hence the pool remained as the grand scheme to fire people backfired in bloombergs face like shit on a stick
Our friend campbell brown finally had some good data to talk about and that is regarding school counselors. NYCDOE employs more security officers than guidance counselors. A student walking down the hall in a nyc school is more likely to encounter a security officer than a school counselor. NYC has twice as many school safety agents than counselors and a large majority of the counselors who have any decent experience in helping students are all in the ATR pool while newbie no nothing counselors are stuck with large case loads and no experience consequently resulting in students not receiving the proper counseling services. For once campbell brown wrote about something that makes sense. Thanks campbell for exposing the lack of understanding the doe has regarding student counseling services. Lets not treat kids like prisoners instead we can help kids survive in the jungle we call nyc schools.
Anon 11:09
You are correct, except only 4% are totally exonerated and that usually is associated with a criminal issue. Even a letter to the file places you in the ATR pool and since arbitrators have to be approved by both sides to keep their position, its almost impossible to be totally exonerated.
Nicely written, Chaz. Remember that Mulgrew's UFT gets the same dues from a muppet-worthy crotchety ATR needing union protection or an untenured Noobie. Vote MORE effectively and convince others to do the same.
To Anonymous 6:36 who inquired above about my NJ trial for 4th degree criminal harassment of my former Cobble Hill AP Theresa Capra whom I and five other Social/Science teachers, including her boyfriend now husband, accused of Regents tampering in 2004. OSI substantiated her crimes and cover-up by Principal Lennel George and LIS Kathy Pelles who reported to then Region 8 Superintendent Carmen Farina. Hmm.
Long story short, SCI dissented, exonerating everybody and making me the bad guy--EXCEPT SCI never did an audit (!!!) and won't do an audit despite my widespread pleadings across city and state over the years. The always resisted inspection of the disputed exams, which only a guilty AP would fear, was the subject of my purported harassing email last June 3.
I was convicted in December. The punishment: a $350 fine and a year's probation along with a psychiatric evaluation. The DOE in turn has reassigned me according to protocol. I expect to kill on appeal because my adjudged harassing email to Capra did not break NJ law that requires such communications contain
"offensively coarse language." And mine did not and no such language was cited at trial. To be continued ...
"A letter to file places you in the ATR pool". Can you explain how that works and when something like that happens?
Well its official now people, the supreme court decision goes down 4-4 therefore union dues are mandatory and the UFT remains a force to reckon with. I must say this is great news as we cannot let these crap in the pants goons who have some money get their way and destroy our unions and our livlihoods. Scalia's death is the birth of the union power model to reflect and destroy the Kochs bros of the world, the bloombergs of the world as well as people like gates who suddenly became an expert on education even though microsoft products suck big time - anyone use explorer any longer?? I did not think so. Peace out supreme.
Anon 7:49
According to the DOE if the arbitrator decided not to fine you but give you a "letter to the file", it's like pleading guilty and they will take your position away from you, unless your Principal fights to have you back. I know at least 3 teachers who fit into that category.
Chaz, that fact is insane. What I don't get is why the DOE tries to bring up 3020a charges on some teachers when the DOE knows all they will get is a letter to file which means ATR status. The 3020a case alone costs tens of thousands of dollars and the ATR will not be fired but will remain on the payroll. Maybe, the DOE thinks that the ATR will eventually quit and the money that it costs to accomplish that its worth it. No ATR should ever, ever quit. The UFT has always said that eliminating ATR's from the payroll is a dead issue. However, what the UFT has shown lately is quite different. Are ATR's rights to stay on payroll still in the contract till it expires or is it going to sunset soon?
That's .006 statistically if you use the population of 2000 for ATRs.
I recently won my case....the award said "DISMISSAL" - the DOE did not prove their case.-no letter to file - no specifications....almost a month later I find myself in the ATR pool. So it is true that you and very real that your case can be dismissed and you find yourself in the ATR pool....its very difficult but I fighting it and trying to cope.
11:09
You can demand your job back if you were found totally innocent. Call Amy Arundell at UFT headquarters, she will assist you if you so choose to go that route.
Pardon my ignorance but when I was teaching my file was in the school. If ATR's float, where is a file maintained?
In the last school that they were excessed from. However. if closed, its at 65 Court Street.
So an ATR who worked in a now non-existent school has to drag themselves down to 65 Court Street to view their file? I can only imagine the hassle involved in doing that.
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