The potential class action lawsuit against the DOE for their discriminatory treatment of the ATRs has been extended to February 28th. To join the lawsuit it cost $250. Attorney Bryan Glass has agreed to file the lawsuit and he has an excellent reputation. Mr. Glass has worked for both the DOE and NYSUT as an attorney both prosecuting and representing teachers at their 3020-a discipline hearings.
The class action lawsuit will show that the DOE discriminated against veteran excessed teachers by implementing policies that penalized schools who hired a veteran teacher. Providing field supervisors who gave out bogus observations on ATRs who were assigned classes where they didn't know the students and had no ability to affect their grades . Refused to allow ATRs who came out of discipline to be hired by a school, despite being found innocent of the major charges against them. Made it difficult for ATRs to apply for per session grading and other activities.
You can read the summary at Glass Krakower LLP
The link can be found Here.
35 comments:
I didn’t join because for me it’s difficult to prove - there just no openings in my vocational license. Instead they’re sending illiterate kids to college instead of allowing them to learn a trade. The grad rates are as worthless as a $3 bill.
Hey, Justin Stark, ATR Supervisor/ current AP at Edison HS......prepare to be served!
I am not an ATR, though I realize it could happen to any of us at any time.
I have seen the age discrimination. It is so blatant.
The admins are usually over 40 themselves, but they favor the young so much.
I think they get the rock star/god complex and abuse it.
There is also a violation in seniority rights as per the UFT contract. A position must be filled in accordance with seniority, systemwide.
Fair Student Funding forces schools to discriminate against older teachers. Period. There's no negotiating this one.
ATR's are penalized further with loss of per session work, with loss of community ties.
Older teachers with illnesses or pain (partially disabled) are further penalized by having to work in unknown and unpredictable physical environments. i.e. Too many stairs, large building, excessive walking.
ATR's are not given the opportunity to go to workshops and therefore stay current with their skills. Nor to practice teaching in a meaningful way.
Chaz, things would have been very different at DOE if teachers had been filing Part 83 complaints with NYSED against DOE supervisory personnel who were issuing false observation reports.
https://govt.westlaw.com/nycrr/Browse/Home/NewYork/NewYorkCodesRulesandRegulations?guid=If811fe70ab3811dd9e3f9b6a3be71c54
www.highered.nysed.gov/tsei/teacherdiscipline.html
Likewise, things would have been very different at DOE if teachers had been filing disciplinary grievances with the NYS Unified Court System against DOE attorneys who were party to the preparation of false Education Law § 3020-a charges or who suborned perjury by witnesses at the hearings.
www.nycourts.gov/attorneys/grievance/complaints.shtml
www.nycourts.gov/courts/ad1/Committees&Programs/DDC/index.shtml
www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml
I'd think damages would be tough to prove since ATRs are still paid and per-session is never guaranteed in any case (it is year by year). I'd also think city would have little trouble proffering a non-discriminatory reason for ATR assignment (if it even came to that).
But even as a morale booster it might be worth it to some.
You are missing a HUGE point here. That discrimination means you are treated differently. Being permanently excessed is being treated differently.
Reminds me of the "Separate but Equal" argument. Same false logic.
You're being put in a derogatory category and treated like scum. Oh, but you get an "equal" salary so that makes up for it.
Let's not forget that the contract is being violated. There are reverse seniority rules for excessing.
Tell us more about this.
100% an ATR is treated differently. Question is will "witnesses" actually provide this information.
At my school the principal always introduces ATR's by calling (labeling) them ATR's. Is this even legal? Isn't this a violation of privacy?
I predict the lawsuit will fizzle out.
Age discrimination is hard to prove.
The UFT is disinterested and focused on Leftist political causes and 'social justice.'
Read: anti-white, anti-capitalist, anti-traditional American activism.
The powers that be are turning this profession into a temp job for 20-somethings who will 'facilitate' 'activity guides' and 'group work' where students are rated by 'mastery' instead of grades and where 'social equity' will be the desired result.
Any flunkie can walk around a room and 'supervise' kids glued to computer screens to online 'activities' that can provide instant 'data' on 'progress.'
Ten years from now this will be education for most. Even essays will be graded by A.I.
No pensions. Limited benefits. A rotating, compliant workforce.
This is the future of education, and all of us know it.
We are lucky we are in the pipeline to getting benefits and a real pension.
Future teachers, as they will still fancy themselves, will wish they had what we have now.
The class action will prevail!
Amazing post 11:41
"This is the future of education, and all of us know it."
I like the tradition. I teach art. And im being harrassed. One year to go. Fuckem all.
Mulgrew Mulgrew Mulgrew Wherever I go I not only hear Atrs but also regular teachers talk about how difficult this job has become And Mulgrew shields himself by not teaching Hey teachers wake up in the next election vote for a candidate who if elected is going to continue to teach But you wont rather you will stand there giggle and go right back and complain No sympathy here
@11:41 yes the lawsuit will fizzle out. mainly because of the spineless incompetent nyshitty teachers who wont get involved. I put in 24 years 6 of those as an ATR and watched some of the worst teaching imaginable. how did most of these screw-ups ever get a license. I watched 1 P.E. teacher use a record player in her class. can you say 1970's. so glad to NOT call myself a NYCDOE employee!
In response to several posters here:
Firstly, proving that a position you applied for was given to a younger applicant is a lot of work. But it's probably the strongest direct evidence. There's probably other ways for ATR's to give evidence. For example if you filled out 200 applications and met all the qualifications but still were not hired. This sure doesn't look good for the DOE. Another thing that doesn't look good is how some principals signed a petition to keep ATRs from being placed at their school. This is sight unseen. This certainly doesn't help the DOE look good. Also, is it possible to call in principals and ask them under oath to give a list of the last 10 hires and their data. For example in my school the last 10 hires, 7 are under 25, 2 are 38, 1 is over 50 but with a short tenure of 5 years. There's also statistical data of the ATR pool such as age over 50 and experience over 20 years. There's also the Fair Student Funding itself that puts severe limits on the school budget. This is to me s smoking gun.
So there's a lot of potential for this class action to be successful because the facts are real and the allegation is true. They are trying to prove something that is true.
As for some that say nyc has some bad teachers. And giving dated behavior as an example yes this is true. There's even teachers out there that don't know how to use a computer. This is a huge system with lots of cronyism and corruption and certainly almost no checks and balances. That's the number one reason why the schools cannot be a business. The lack of checks and balances.
But what does that have to do with a group of educators who have been discriminated against due to age ? Absolutely nothing.
@10:26AM - Principals and others get an ego boost when a person is referred to as an ATR. Develop thick skin and keep moving forward in life in a positive manner. Oh and yes, they can kiss your ass.
@8:45PM - I witnessed a male PE teacher use a recording as well. It was a good laugh. My goodness!! Could not believe it.
The class action WILL prevail!!!!
Hey Chaz, Only 28 ATR's have paid to have this horrible situation brought to the light of day. Doesn't seem like very many to me. With so many ATR's who are treated like second class citizens you would think there would be more. Kinda deflates the whole ATR's saga.
28??? I heard sixty. Perhaps the low numbers indicates that PT Barnum was wrong and/or people see Portelos for the con artist he truly is.
Of course since education is all about data driven instruction and not about truth! All must have prizes ! Students get worthless inflated grades, administrators get higher numbers and teachers get much less grief but in the end students will realize that they got scammed!
They had over 60 applications but they have to pay the $250 to be included.
Then I stand corrected. Good to know that there were 32 people thinking.
Bronx Teacher
Let's not focus on who is doing it. Let's focus on how this will benefit many teachers when they succeed.
Your attitude is very short-sighted. This is a huge problem and legal action is what is needed.
The powers that be stop st nothing short of legal action.
Show some support for your colleagues.
My attitude is not short sighted. It’s based on fact.
A principal called me an ATR once - just once and he apologized publicly to me 5 times in 3 days. Any ATR who allows anyone in the DOE to humiliate him/her is an embarrassment to their profession.
How reputable is Bryan Glass? Any attorney collecting 250 for a class action lawsuit is a joke of a lawyer. As a matter of fact any time someone calls Glass he asks for 250 just for a consultation. Top attorneys who charge 500 and 600 an hour will give free consultation. People need to check out attorneys carefully. Not sure Glass is the answer. Class action should not cost a dollar.
Hey @8:45 I am sorry to hear they u-rated you and 3020a-ed your stupid ass. I always see great teaching by dedicated hardworking teachers. You saw shitty teachers because you are shit and useless. You witnessed screwups because you were a screwup. You should never call yourself a nycdoe teacher because u suck and is not worthy of being called a teacher.
Shady:
I disagree with you about Bryan Glass. He is an excellent attorney and I support the lawsuit.
Shady, $250 is not a lot of money to get to speak to an attorney. You'd rather pay $600. Come on.
Anyone that won't pay $250 for representation is just s cheapskate plain and simple.
We have corruption all around us. UFT is corrupt , DOE is waaaay corrupt , and even the courts have in some cases been corrupt.
There's systemic age discrimination , blatant. And no one is listening. Instead trying to knock you down.
The legal action is critical to putting a light on a horrible problem.
I hope there's more lawsuits to follow. Keep em coming.
@shady Bryan Glass is an excellent lawyer. You can’t do better.
Discrimination and the harassment towards veteran teachers must stopped in the DOE.
Field Supervisors like Stark should lose his license.
It is about time that this guy go in front of a judge.
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