Saturday, September 03, 2016

Which Teachers Have A Flag On Their Files?



























Occasionally, I have written about the unfair flag put on teacher files that makes it virtually impossible to be hired by schools.  Who has this flag?  Quite a few teachers do and many have no idea that they do since only principals have access to the teacher's file and the flag attached to their file.  I call it the "Scarlet Letter"

Any teacher that had a substantiated OSI or SCI investigation finding, even if it did not lead to a 3020-a termination hearing has a flag on their file.  Moreover, if the teacher was charged under 3020-a. they also have a flag on their file. Having this flag on your file will discourage most schools from even interviewing the teacher for their vacancies.  It matters little if the teacher was ultimately found innocent of the accusations and charges, the flag on the file stays and only a time-consuming and costly Article 78 hearing in front of a State judge can force its removal from the teacher's file.

For teachers who were discontinued or irrevocably resigned or retired, they also have a flag on their file that is known as the "do not hire" list.  While discontinued teachers can theoretically get a job in another district, no principal would want to go through the hassle and the loads of paperwork to hire a previously discontinued teacher.  Further, any teacher who irrevocably resigned or retired are assumed to have been under 3020-a charges and cannot be hired for a DOE position as well.

Any teacher that retired and want to come back as a substitute teacher (they really should have their head examined) must have 5 consecutive years of satisfactory or effective ratings in their last five years of active service to do so.  One year of unsatisfactory or ineffective ratings in the last 5 years of active service will result in the DOE rejecting their substitute teaching application.

Unfortunately, our disconnected union leadership has allowed for this unfair situation to continue unopposed.  Instead of filing a PERB complaint or file a lawsuit, they have buried their collective heads in the sand and allowed this abuse to continue for the last 5 years as far too many teachers are denied an opportunity to apply for vacancies or even to continue their livelihood in the profession.

Betsy Combier at the Rubber Room Reporter blog is reaching out to all teachers to join a potential class action lawsuit that will eliminate the unfair flags put on teacher files and she can be reached at betsy.combier@gmail.com

24 comments:

Anonymous said...

Question: A teacher is accused of verbal abuse toward a student. Assistant principal contacts OSI. OSI decides not to investigate and states that the assistant principal has to do the investigation. Assistant principal does the investigation and decides that the teacher did not commit verbal abuse but rather used "poor judgement". Teacher gets a letter to file for using poor judgement. Does this mean the teacher is "red flagged"?

Chaz said...

No. As long as OSI did not substantiate the allegation or the Office of Legal Services did not file 3020-a charges, no flag would be put on the teacher's file.

Anonymous said...

What about if osi sends the verbal abuse complaint back to the assistant principal who does find the teacher guilty of verbal abuse.
Is there a red flag then?

Anonymous said...

Another problem people have is that these idiot principals think a discontinuance means citywide not district wide.

Chaz said...

Anon 5:29

Only if the DOE brings 3020-a charges on the teacher.

Anonymous said...

I thought I read on the Rubber Room Reporter blog that anytime a teacher is even accused of verbal abuse/corporal punishment and an investigation is done that they get red flagged. (regardless of the outcome) Might have to go re-read that.

Anonymous said...

I read on the Don't Tread on Educators blog that even accusations that are unfounded result in a flag to a teachers file. Any info on this is appreciated!

Anonymous said...

All it takes is one phone call to the ATR hit squad and you're a marked person. Weekly visits, observations, counseling sessions -- all doors leading to the Exit sign. Ask Amy to talk about that at her dog and pony show.

Anonymous said...

Big difference between having the ATR hit squad on you butt and having a flag in your file. ATR hit squad messing with you will hopefully be temporary. A red flag to your file lasts for your entire career and you will most likely never be able to transfer to another school. (Not that any veteran teacher can transfer nowadays due to the fair funding formula)

Anonymous said...

Renewal schools are awesome. Went in all last week and totaled about 30 hours per session. The money is unbelievable. Thank you so much DeBlasio for sticking with this failing plan. "There is opportunity in chaos"

Chaz said...

Anon 7:37

Just wait when you must go to SLC's during your prep period and the accountability that results in you getting a developing or ineffective rating at year's end due to the students you have.

I hope your saving your per session money, you will need it when you are terminated two years from now.

Anonymous said...

"No. As long as OSI did not substantiate the allegation or the Office of Legal Services did not file 3020-a charges, no flag would be put on the teacher's file."

My understanding is that if an arbitrator dismisses all charges (as rare as that is), there is no red flag in the file. Is that correct?

Anonymous said...

Anon 9:58,
I'd take the red flag any day over the hit squad. If you get a U, they never let up. If you don't, no school is hiring ATRs anyway. (Yeah, I know some people believe Bigfoot exists and Amy represents ATRs.)

Chaz said...

Anon 9:51

Not true, any substantiated OSI or SCI investigation gets a flag on your file even if you are one of the 4% fouind innocent by the 3020-a arbitrator.

Anonymous said...

Chaz, in response to your 9:40 comment, I don't even know what "SLC's" are not do I care. Two years from now these schools will be called something else. Renewal, Focus, Turnaround, Etc. Every few years it's something new. You think I'm worried about 2 years from now? Oh, and by the way since this renewal school is in a specific peer group, my MOSL ratings for State were 16 and Local were 16. Friends of mine in "good" schools had similar 16's or LESS. You're incorrect Chaz. What were your 2 scores totaling the 40%? Were they better than the renewal school 16's? Be honest.

Chaz said...

Anon 12:24

Your ignorance of the small learning communities (SLC) tells me you do not work in a renewal school, a mainstay of these struggling schools. You're certainly not a teacher in one, maybe an administrator.

Anonymous said...

Hey, Anon 12:24

You have teacher friends? I highly doubt it.

Anonymous said...

Avoiding the question? What were your 2 MOSL scores?

Anonymous said...

Chaz,
I'm one of those ATRs hit with the 1-day special 3020a charges back in June (still waiting for a hearing date by the way). Since June 15th, I am "suspended with pay" - although I am being assigned to a school next week. Do you, or anyone else, know if that means I can't be assigned classes? The UFT is not exactly helpful on this area.

Chaz said...

Anon 11:04

I received a 16 on both and was effective on the total.

Anon 11:10

I can't see how you can be in a classroom with 3020-a charges pending. This will hurt the DOE's case against you. It seems like the right hand does not know what the left hand is doing.

Anonymous said...

I can sit in my mom's basement all day waiting for you to answer the question. What were your 2 MOSL scores? Still raking in the big bank here in fantasy teaching land.

Anon2323 said...

My school is a renewal school in the Bronx. Our mosl rating scores were 17 and 17, better than most around

Anonymous said...

If that's true, that's better than my school and we have an 87% grad rate. That's hysterical. Is that really true with the 17's?

Anon2323 said...

Yup, finally effective, double 17s. Had s final score of 82. Granted it can change this year, but we are a renewal school