"Here Comes The Clowns" - The Legacy Of The 2005 Contract - Part 3: Giving Up Time And Days That Cost Us Dearly.

In my continuing series of the awful "givebacks" that our union handed to the City in the terrible 2005 contract., I have zeroed in on the amount of time and days we were forced to give back in exchange for a raise that barely beat the City inflation rate.

First, we were forced to work an extra 37.5 minutes, almost an extra period, by working with the most needy children who stayed after school. While I do not have a problem with working with a select group of children (a maximum of 10), I do have a problem how administrators would stuff 20 children with two teachers in each classroom and think that they can actually observe you in the process. A far different situation than Randi Weingarten said it would be. Randi claimed the extra 37.5 minutes would be used as "office hours". Meaning students would make an appointment with the teacher to work on specific issues in the allocated time. This became a 10% increase in a teacher's work day and this increase in time should have resulted in a 10% increase in pay annually by itself. Of course it didn't even come close.

Next, we also gave up the two days before Labor Day and if you work in Brooklyn and Queens, a third day. To many teachers, giving up the two days before Labor Day was unacceptable and now we find out that the two days equal 0.58% of a salary increase. This is the reduction in whatever pay raise we get in the next contract. The question is why would our union give up these two valuable days for a mere 0.58% in the first place ? This is yet another question that our union has failed to answer.

Yes, we now have obtained the two days before Labor Day back but it cost us 1.25% on our TDA (from 8.25% to 7.00%), a de facto Tier V retirement plan, and a reduction of 0.58% raise in our next contract for days we shouldn't have given up in the first place. "here comes the clowns" once again.

"Here Comes The Clowns" - The Legacy Of The 2005 Contract - Part 2: Elimination Of Grievances When Given A Letter To The File

In my encounters with many of the teachers I meet at workshops and from other schools, I am stunned how little they know about the terrible consequences of the 2005 contract. While I do understand that the newer teachers really have no way of knowing what we gave up in the "giveback" laden 2005 contract. It was the lack of knowledge from more veteran teachers, especially the elementary school teachers who were actually clueless about the 2005 contract, except that they obtained a raise. Even the Chapter Leaders didn't seem to understand the things we gave up and I can only shake my head in disbelief at the lack of knowledge that New York's "Brightest" have. Is it any wonder why only 22% of the members actually voted? However, I need to remind the members what we gave up in the terrible 2005 contract and why it is important to the members. Part two deals with the elimination of grievances when given a disciplinary Letter-To-The-File (LIF).

Elimination Of Grievances For LIF:

The union has maintained that very few grievances were successful and that giving up the right to grieve was not a major loss. and that all disciplinary LIF would be removed after three years unless used in a 3020-a hearing. However, the grievances procedure actually was an effective check against vindictive principals who had to hear grievances and the DOE who found the three part grievance procedure wasteful and encouraged principals to be selective in issuing disciplinary LIF. Moreover, the few that the union took to Arbitration put a check on the Principal who could be identified as being too zealous in giving LIF to his or her teachers since the DOE had to pay their share of the Arbitration process. However, even one successful grievance was well worth it and stops principals from filing 3020-a charges within the three year period by using the LIF.

While the union has not published the increases in LIF since the terrible 2005 contract, it is a very good bet that principals have significantly increased LIF to their staff since there are no longer any checks on the principals. I am quite sure that the UFT research department know what this increase in LIF is, but are afraid to show these statistics., except to the leadership who approved the elimination of grievances. Remember, the leadership doesn't want to be shown that they made a terrible mistake, especially during an election year.

Therefore, while principals no longer fear giving their staff more and more LIF, the union professes to ignore the situation since they are not subject to getting LIF themselves. "Here comes the clowns" once again.

"Here Comes The Clowns" - The Legacy Of The 2005 Contract - Part 1: Elimination Of Seniority Transfer Rights

This is the first part of a five part series on the damage the 2005 contract did to the New York City teaching profession and the lasting impacts that affect us today. This series was sparked by a "Unity" member telling me why I should vote "Unity" since they are experienced in negotiating with the City. I reminded the "Unity" member about the terrible 2005 contract and was met with a blank stare. I also told him that these "bunch of clowns" at "Unity" have permanently hurt the teaching profession.His response was "really"? "I didn't know that"? Therefore, it is time to remind people of the 2005 contract disaster that has made an older and highly-paid teacher an endangered species. Part one of this series deals with the elimination of the seniority transfer rights.

Elimination Of Seniority Transfer Rights:

Prior to the terrible 2005 contract, principals were required to list half of their openings and teachers from other schools with seniority could bump "newbie" teachers out of these vacancies. During this time all excessed teachers must be placed in the subject area before principals would be able to hire a "newbie teacher". Finally, teachers who were from closing schools were given priority in placing them in the available vacancies. All this changed in October of 2005 as our crack "Unity" negotiators sold out the members by eliminating seniority transfer, bumping, and the ending of priority placement of teachers from a closing school. The result was an explosion of excessed teachers, many of them older and highly salaried. This explosion of excessed teachers is now known as the ATR crises and it is expected that in the next school year there could be 2,500 ATRs because our union gave up the cherished seniority transfer rights.

The union after first denying the problem existed. Then they thought that Tweed would wary of paying 60 million dollars annually for the ATRs. Finally the union realized the folly of their ways and tried to negotiate with the DOE and came up with the ATR agreement which the principals have widely ignored. Now it is projected that there could be 2,500 ATRs and more if the State cuts the budget This could cost the DOE upwards of 100 million dollars annually,

Now "Unity" wants me to trust them with contract negotiations after they caused the ATR crises with there inept negotiations with the DOE back in 2005. Maybe I would feel better if there were new leadership but the very same cast of characters that were responsible for the 2005 contract are in the very same positions except for one or two. I just dread what wonderful "givebacks" that our union has in store for us in the next contract. Hopefully, a new world order will appear and our union will hold the line. However, I will not hold my breath waiting for it to happen with these "bunch of clowns" running the show.

Thanks to ednotes online for the use of the picture.

The "Leadership Academy" Principal And Her "Children Last" Policy

A veteran teacher told me a real horror story about how her "Leadership Academy" Principal's dislike of an applicant was more important than what was best for her special needs children. While I cannot confirm the story, I have no doubt that the essence of the story is probably true.

The story starts with a recently appointed "Leadership Academy" Principal with two years of actual classroom experience (yes, not even tenured) found herself appointed as the Principal of a small special education school. She was not popular with the staff who believed the Principal was not qualified to run the school and was out of touch with the staff. However, the Principal would tell the staff that she ran the school based upon what was the best for the children. In other words, its "children first". When the Superintendent came to investigate the problems at the school the Principal complained that her staff did not care about the children and she did. Therefore, she said the problems were with some disgruntled teachers not her management style. The Superintendent left the school without taking any action and left the Principal in charge despite many staff members approaching the Superintendent with various improper actions they alleged the Principal did.

The veteran teacher was not one of the disgruntled teachers but kept to herself and did her job. She became one of the very few staff members the Principal trusted and was asked to sit in on the interviewing of Speech Therapists to fill a position in the school. Many of the people interviewed had worked under a contract for a period of weeks or months at the school and were not only familiar with the school but were known by the staff,including the Principal. One applicant stood out among others, she was an older women (in her 40s) who had come back to the field after staying at home to raise her children and seemed to have a real connection with the students in the school. Every teacher raved about her and even many of the autistic children seemed to respond to her and even asked for her when the contract was over. Quite a breakthrough for any teacher to get autistic children to respond that way. However, this Speech Therapist had a problem, the "Leadership Academy" Principal. It seemed that he Principal had interfered with the Speech Therapist's session at a time when she was achieving a critical breakthrough with a child. The Speech Therapist let the Principal know as nicely as possible that this was not a good time to have a talk as this was a critical moment in her session and she would speak with the Principal later that day. The Principal was obviously not happy about it but agreed to talk later. Fast forward to the interview process and the Principal, remembering her unsatisfactory encounter with the Speech Therapist saw this as a perceived slight and hurt feelings, she decides that this Speech Therapist is not appropriate for the position and another Speech Therapist gets he job.

The result is that the "Leadership Academy" Principal did what was best for her and not what was best for the special needs children of her school. Tweed would be proud of her as she is a shining example of the DOE's "children last" program.

My Executive Board High School Selections

In my previous post I have decided to vote for James Eterno of ICE/TJC for the reasons outlined here. However, I am not a ICE/TJC member and I vote for the person not the party. Therefore, of the five people I will be voting for four are ICE/TJC members and one New Action member. My explanation for voting for the five are as follows:

Arthur Goldstein ICE/TJC: One of the most intelligent and active high school Chapter Leader who is a Gotham News contributor and has taken on the DOE time and again. Arthur is always in the forefront of getting the UFT to protect their members. His influence goes well beyond his High School and he is a tireless advocate for the teachers in he trenches.

Jonathan Halabi New Action: Jonathan is a tireless advocate for the teachers and wears many hats in his school. He has no problem representing the union when asked to go to devastated cities like New Orleans and is a real asset to the teaching profession. I was especially impressed with his defense of the bloggers against Leo Casey and accurately predicted the problems with the 2005 contract. If only the union had listened to him.

Michael Fiorillo ICE/TJC: An aggressive Chapter Leader and is in the James Eterno mode of what makes an effective Chapter Leader. Very few Chapter Leaders are as effective as Michael Fiorillo who has the respect of almost all the school staff.

Kit Wainer ICE/TJC: A founding member and past Presidential candidate who has been in the forefront of many union actions and is a tireless worker for the members.

You may disagree with my selections but I believe I am voting for the best teachers to represent the members in the classroom.

Vote For James Eterno Since Michael Mulgrew Has Failed My Leadership Test

Unlike many of my fellow bloggers, I do not belong to any UFT caucus and will vote for the person and not the caucus. However, after seeing some very encouraging signs that Michael Mulgrew was not that appeaser, Randi Weingarten, I have become disappointed that Michael Mulgrew, despite the rhetoric, represents the same old "Unity" caucus politics. Therefore, I now have decided to vote for James Eterno to lead our Union back to the militancy of Albert Shanker and away from the appeasers that inhabit the "Unity" leadership. Here are the three tests the Michael Mulgrew has failed and made my choice for me .

No Change in the Failed Leadership:

I was shocked to see that the same old tired and disconnected leadership surrounds Michael Mulgrew despite private assurances that significant changes would be made. In particular, the retention of the "Unity" apologist and propagandist Leo Casey who cares more about Darfur and Mexican teachers than his own teachers in the trenches. It was Leo Casey who tried to bully and insult teachers who objected to the disastrous 2005 contract that resulted in the ATR crises, overcrowded "rubber rooms", loss of seniority transfer, three month unpaid suspensions based upon hearsay, and lack of grievances to Letter-to-the-File (LIF). For people who forgot Leo's defense of the indefensible 2005 contract you just need to read his article and the responses here. While I do admire and respect some of the "Unity" leadership I found their culture of unquestioning loyalty at the expense of the members is wrong, very wrong.. Therefore, Michael Mulgrew has failed test number one.

The Secretive Nature When Bargaining With The DOE:

When Randy Weingsrten was President of the UFT she would negotiate with the DOE and not include the affected members. Only a small group of her loyal inner circle were included and the result was usually not in the best interests of the members. Examples of this was the terrible 2005 contract, the ATR agreement, the "rubber room" agreement, the pension changes and the "fair student funding" problems just to name a few. Randi did realize that she needed to open up the next contract negotiations by including all caucuses and this has resulted in a more determined negotiation climate with no union givebacks. However, the Gotham News reports that Michael Mulgrew has secretly been negotiating with Tweed to streamline the disciplinary process. Were any of the people who deal with the "rubber rooms" consulted? Not to my knowledge. Here again Michael Mulgrew has retreated to the secretive negotiating process that has been a disaster for the teachers. . Therefore Michael Mulgrew has failed test number two.

Failure to Protect Member Rights:

Finally, I have asked Michael Mulgrew to have the UFT file a PERB complaint when principals fail to allow teachers take an "official business" day when meeting with their NYSUT attorneys that are related to DOE initiated legal action. The granting of the day has been a "long standing past practice" and PERB has already ruled in another union's favor on this issue. His response is to pass the buck and have his lackeys ignore the issue. Therefore, Michael Mulgrew has failed his third test and in my book three strikes and your out, as the President of the UFT.

Vote for James Eterno for President!

Bloomberg & Klein Close Down The Large Overcrowded "Rubber Rooms" & Create Mini For-Profit "Rubber Rooms".

This just in and is an exclusive by Chaz. Mayor Michael Bloomberg & Chancellor Joel Klein have decided to close down the large and overcrowded "rubber rooms" in New York City and will allow their well-connected friends to open up for-profit mini reassignment centers where there will each have two "Leadership Academy" administrators and a carefully selected group of reassigned teachers (no more than 25 per site) who will be worked to exhaustion with the tremendous amount of paperwork generated by those non-educators at Tweed. The motto for these mini "rubber rooms" will be "work will set you free". Where did I hear that before? hmmmm. Anyway the CEO's who run the for-profit mini "rubber rooms" will be allowed to select up to 25 reassigned teachers of their choice after interviewing them. Excluded from the interview process will be those teachers subject to felony charges, whistle blowers, union representatives, bloggers, teachers who dare read the blogs,and teachers who have time and attendance charges filed against them.

The teachers selected must expect to work an expanded day from 7:30am to 6:00pm with only a half hour lunch. Further, the selected reassigned teacher must "volunteer" his or her services two Saturdays a month to handle excess paperwork generated by Tweed in their ever failing attempt to get it right but always getting it wrong. Failure to show up on voluntary Saturdays will result in the reassigned teacher to be transferred to the large holding cell being built by Tweed under their building. Moreover, any teacher that fails to meet their quota will be further charged with "neglect of duty" and "insubordination". Finally, if the teacher does not meet the Administrator's arbitrary definition of quality, an "incompetence" charge will be added to the reassigned teacher's 3020-a charges.

Teachers excluded from the mini "rubber room" selection process or not selected will have a special place set up for them. These reassigned teachers will be put into the large holding cell in the basement of the Tweed building and shovel coal to keep the Tweed building warm. Any teacher that refuses to shovel coal will be removed from the payroll and forfeit their health benefits.

Oh god! What a nightmare I had. No teacher due process rights. "arbitrary & capricious" judgement by administrators who never taught in the classroom and clueless & vindictive non-educators running the system. Wait a minute it was not a nightmare it is really happening. It is real. God help us all in the New York City teaching profession.

It Appears That Principals Must Pay Teachers Who See Their NYSUT Attorney Based On A PERB Judge's Decision - Hear That Michael Mulgrew?

In a March 1, 2010 decision by a PERB Administrative Law Judge, Elema Cacivas, ruled that a "long standing past practice" cannot be changed unless it is through collective bargaining and not through the actions of a government agency. The reason this is important is that the UFT and NYSUT can now go to PERB and demand that all teachers who must respond to their 3020-a charges should be given the time off as "official business". This has been the "long standing past practice" until recently when many of the principals, probably with the the urging of Tweed either stopped paying teachers for seeing their lawyers or making the teacher take a pre-approved "personal day" that is subject to the Principal's approval. However, with the March 1, 2010 PERB ruling the UFT and NYSUT should file similar PERB complaints against Tweed for changing the "long standing past practices" without union approval.

In 2008 the Town Of Islip decided to take away government cars for non-emergency personnel for commuting purposes without negotiating with the union. The town employees union, Local 237 challenged the move and appealed to PERB. Since this practice was going on for 20 years, the PERB Administrative Law Judge said it meets the legal threshold of a "long standing past practice" and can only be removed through collective bargaining. This legal threshold should apply to all State and Local government contracts with their unions, including our contract.

Consequently, the UFT and their NYSUT lawyers have no excuse but to file a PERB complaint and show that it has been a "long standing past practice" to have teachers check "official business" as a paid day without using days out of their CAR. I previously wrote an article that detailed how the principals were informed by Tweed that they did not have to pay teachers to meet with their NYSUT lawyers despite the "long standing past practice" to do so. No longer will the UFT or NYSUT offer excuses that it is the Principal's discretion and they cannot do anything about it.. PERB has spoken and our union must file a similar PERB complaint against the DOE for every teacher who was denied the "official business" checkoff by their Principal.. I'm waiting to see if the UFT takes some real action and file the PERB complaint they need to do or is it just more empty rhetoric by our union. Michael Mulgrew I am waiting for your response.

Tweed's Idea Of A Good Teacher Is "Young & Dumb".

There is little doubt that student academic improvement is highly correlated with teacher quality. However, there is a real debate about what is a quality teacher? Most studies believe that a quality teacher has at least five years experience, has manageable class size, and is innovative when it comes to the classroom. Now compare this to what Tweed wants and see if Mayor Mike and Chancellor Joel really wants quality teachers in the New York City Public School System?

Class Size:
New York City has the highest class sizes in the State and both the Mayor and Chancellor have used CFE money that the State allocated for class size reductions for other uses. In fact class sizes have actually risen over the last year. The result was that in January of 2009 the UFT, NAACP, the Hispanic Federation, and Class Size Matters filed a lawsuit accusing the DOE of violating the State mandate to reduce class size. The large class sizes is not consistent with good teaching practices.

Innovative Teaching:
It wasn't too long ago that teachers had control of their classroom and based upon the varied learning styles of their students tailored the lessons to maximize student academic achievement. Along came Tweed with its "one-program-fits-all "Workshop Model" that treated the students as widgets and teachers as cogs as if it wasa business model, which it is not, and ssumed all student learning was the same. It didn't matter that this program was not applicable to English language learners or special eduction students. All the children's learning style is the same and any deviation by the teacher would result in disciplinary action against the teacher. Gone was he academic enhancements and storytelling that made learning fun. So many teachers have complained about the Tweed domination of the classroom the UFT started a media blitz called "let teachers teach". However, the UFT quietly put this program to rest and the classroom teacher has found the classroom increasingly hostile with a tripling of useless paperwork. Teaching techniques that have been proven to work in the past is now not only frowned upon but can lead to disciplinary charges against the teacher as they struggle to control the classroom without the innovative teaching that made learning fun for the child.

Experience:
One of the most important factor in having a quality teacher is experience in the classroom. It takes a minimum of five years to acquire the classroom management skills to be an effective teacher. Furthermore, the experienced teacher can adapt to the ever changing classroom dynamics and tailor academic programs to best help the students academically. However, Mayor Mike and Chancellor Joel practices "education on the cheap" where it is more important to hire "newbie" teachers that cost less money and leave before they are vested than hiring an experienced teacher. In fact to encourage principals to hire cheap teachers the DOE instituted the "fair student funding" formula that actually will penalize principals who hire experienced teachers. It is little wonder that many of the small schools are populated by untenured staff hired by the Principal (usually a leadership Academy Principal with limited classroom experience) so he/she can fund their favorite projects. Finally, the DOE encourages recruitment of "newbie" teachers over retention of experienced teachers and for Tweed it is not about the children but the budget as they practice their "children last" policy.

In conclusion, Mayor Mike and Chancellor Joel are quite happy and encourages the principals to hire the "young and dumb" teachers in their schools. It is not about the children it is about what the money saved for Tweed to more easily fund theirno-bid high priced consultants for their pet projects that have little or no effect on the classroom.




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In New York State's Race To The Bottom Academically Some "Knuckleheads" Have Proposed To Eliminate The New York State Regents Exams

In today's Newsday and tomorrow's New York Post and the Daily News, New York State in an attempt to save money has a proposal to eliminate 13 of 17 Regents exams and further dilute the once proud State academic standards that once made New York State the "gold standard" in education. This misguided proposal is estimated to save 13.7 million dollars because the State has proposed to cut the New York State Education Department's budget from 60 million dollars back in 2008 down to 43 million dollars. for the next school year.

Most educators have panned the knuckleheaded proposal and believe that it will further weaken already weakened academic standards and it was best described by Ms. Gloria Sessio who was quoted as saying " It's demeaning scholarship" . The elimination of the 145 year old New York State Regents exams is educationally damaging and will result in increasingly lowered academic standards. Furthermore, it will subject teachers to increased Administrative pressure to raise grades as they find devious ways to increase the school's graduation rate. The result would be a further lowering of academic standards since a 75% in New York City may not be a 75% in Scarsdale. On the other hand, the Regents exam grade of 75% is the same whether it is in Rochester or Riverhead.

It is bad enough that over the decade the State has "dumbed down" their tests at all education levels and which was once the "gold standard" in education has increasingly becoming a joke when compared to the national tests. Now some " knuckleheads" in Albany has proposed to further weaken the State's academic ability to compete not only nationally but globally. These "knuckleheads" should be fired or at least be hired by Tweed where they will fit right in with their "education on the cheap" and "children last" policies.

Another Clueless Person Who Blames The Victim When It Comes To The Education Budget

Here will go again. Another clueless person who knows very little about the education budget decided it would be better to blame the victim (teachers) for the misguided and discriminatory Tweed policies that waste billions of dollars.

In today's New York Daily News there was an opinion piece from the research director of the Citizens Budget Commission, Charles Brecher, who claimed that if the ATRs and reassigned teachers were suspended without pay the City would save 200 million dollars in the budget. This is another case of a clueless person who does not or chooses not to understand how the DOE operates.

Does Mr. Brecher subscribe to age discrimination since the majority of ATRs and reassigned teachers are over 50 years of age? Maybe Mr. Brecher believes that it is acceptable that over 30% of the DOE budget goes to non-classroom activities? Did Mr. Brecger look at the waste of money in the bloated central bureaucracy or the highly paid consultant services using a no-bid process and hiring of non-educators who provide little if any benefit to the schools? Of course not. How about the countless reorganization schemes (three in the last seven years) the DOE does that not only wastes money but makes the process inefficient as the people must learn their new responsibilities with the latest costly & unnecessary reorganization scheme going on now. What about the ever increasing central bureaucracy of non-educators at Tweed that contribute nothing to the classroom except increasing paperwork for their pet projects and "one size fits all" failed academic models? Of course Mr. Brecher somehow failed to investigate closely and found it easier to blame the victims of Tweed's discriminatory policies the teachers. Ask the ATRs and "rubber room" teachers do they want to teach in the classroom the answer would be a loud yes. Did he ask the teachers about how principals practiced "education on the cheap" by getting rid of highly paid older teachers so they can hire "newbie" teachers? Of course not. Does Mr. Brecher care about the children? I highly doubt it. "Children last" is the policy when it is about saving money.

Shame on Mr. Brecher and his faulty research by blaming the victims and not the aggressors who wastes hundreds of million dollars due to their failed policy and discriminatory activities..

The Difference Between The "Just Cause " Standard And The "Arbitrary & Capricious" Method The DOE Wants To Use In The Teacher Disciplinary Process

The DOE leaked their September 10th, 2009 contract demands to the News Media and while the DOE's demands are outrageous and disrespectful to the teaching profession. One of the more ominous demands is to replace the "just cause" standard to "arbitrary & capricious" as the rule in Arbitrator decision making. Why would the DOE want to replace the "just cause" standard with the "arbitrary & capricious" term is very simple. The use of the "arbitrary & capricious" term allows the Arbitrator to find the teacher guilty of the accusations without sufficient evidence to show the charges against the teacher is true. Let's look at the difference between the "just cause" standard and "arbitrary & capricious" term to determine teacher discipline.

Thanks to South Bronx School, he included a condensed version of the seven tests that the Arbitrator must find to be true to terminate a teacher.

"Just Cause" generally means; "the arbitrator first asks whether the employee's wrongdoing has been proven by the employer, and then asks whether the method of discipline should be upheld or modified." However in 1966, arbitrator, Professor Carroll Daugherty expanded this into seven tests that are frequently used by arbitrators. They are:

• Was the employee forewarned of the consequences of his or her actions?
• Are the employer's rules reasonably related to business efficiency and performance the employer might reasonably expect from the employee?
• Was an effort made before discharge to determine whether the employee was guilty as charged?
• Was the investigation conducted fairly and objectively?
• Did the employer obtain substantial evidence of the employee's guilt?
• Were the rules applied fairly and without discrimination?
• Was the degree of discipline reasonably related to the seriousness of the employee's offense and the employee's past record?

Therefore, the burden of proof is on the DOE to prove that the charges must meet all seven tests and that termination cannot be a discipline if all seven tests are not met. This makes it difficult for the DOE to achieve their ultimate goal in firing the teacher. Especially, if the teacher can show that the investigation was unfair and biased. I wrote about the corrupt investigations that go a long way in getting the teacher reassigned but also harms the DOE's case for termination against the teacher. On the other hand if the DOE gets their wish and only needs the "arbitrary & capricious " requirement, the burden of proof shifts from the DOE to the teacher since it is not based on actual evidence but on how the Arbitrator feels about the teacher. Arthur Goldstein wrote a piece on the DOE's contract demands which includes his take of the DOE's "arbitrary & capricious" demand and is a must read. South Bronx School also included the definitions of "arbitrary & capricious" and left in the hands of one person (Arbitrator) is quite scary.

Arbitrary is defined as;

• depending on individual discretion (as of a judge) and not fixed by law
• marked by or resulting from the unrestrained and often tyrannical exercise of power

Capricious is defined thusly;

• sudden, impulsive, and seemingly unmotivated notion or action
• a sudden usually unpredictable condition, change, or series of changes

In other words, the DOE can simply claim the misconduct happened and use hearsay evidence to meet the greatly diminished standard of "arbitrary & capricious" as the basis for terminating the teacher. This would greatly increase the termination rate and lead to even more teacher reassignment and 3020-a charrges.
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I Hope The Cartoon Is True And The Mightly Mulgrew Defeats The Chancellor Like He Should

I couldn't help but laugh when I saw this cartoon in the New York Daily News. There is no secret that Mayor Mike and Chancellor Joel Klein have declared war on the UFT and Michael Mulgrew has responded with strong rhetoric. However, to date the UFT has been losing the public relations match in the media. as the New York Daily News, New York Post, and even the New York Times has brought the propaganda that the DOE has peddled that the problems with the New York City Public Schools is the teachers' union. To date the UFT has failed to push back against the DOE and this has hurt the teachers and the union. Let's look at some of the issues that has made teaching in the New York City Public Schools a real problem and why the union must start to push back.

Lack of Educators in Tweed & Bias For Charter Schools

Chancellor Joel Klein's inner circle of eighteen consists of just one educator and it is little wonder there is a real disconnect between Tweed and the schools. Furthermore, these non-educators have been the greatest supporters of Charter Schools and the hiring of high priced consultants for their pet projects while closing existing school. Juan Gonzalez of the Daily News identified the cozy relationship between Chancellor Joel Klein and Eva Moskowitz that appears to have resulted in the closing of both PS 194 and PS 241 and to use the school buildings for Eva Mosskowitz to have as two new Harlem success Academies. In fact an astounding 88% of the readers who responded to the article believed the two actions were connected. How come it took Lonnie Haimson to expose these e-mails that showed this relationship? Where is the UFT publicity machine? Instead we just hear deafening silence. I know I would be yelling loud and clear to the media and the communities how their neighborhood schools are being shut down and replaced by elitist schools in their community that many of the children would not be welcomed in. Where are the full page ads in the newspapers and the commercials on the networks showing Tweed's "children last" program?

The ATR Crises & Overcrowded "Rubber Rooms" / Age Discrimination

The ATR crises was solely Chancellor Joel Klein's doing as he told principals they did not have to hire excessed teachers and to ensure the principals got the message made the schools subject to the "fair student funding" formula that penalized principals that hired experienced teachers. This is consistent with the DOE's "education on the cheap" program and Tweed's "children last" program. As of next year the ATR crises may by worse than now as there are 19 schools closing and many of the teachers will be excessed, increasing the ATR ranks to over 2,000. A waste of $160 million dollars annually.

Under Chancellor Joel Klein, the number of teachers reassigned to the "rubber rooms" range from 550 to 850 annually. This is a sixfold increase from the pre Klein days. Approximately 90% of the teachers end up back in the classroom. Therefore, why is there such an increase in reassigned teachers if they are only going to be back in the classroom? Simple, because the Chancellor uses the reassigned teachers as a pawn and calls them "bad" teachers which the media picks up on. Presently, the union has failed to push back and show the reasons that the DOE reassigns a teacher. These reasons range from ageism, budget, Principal dislikes & control and union activities. Further, the fact that a reassigned teacher is removed from the school payroll after only 60 days makes it easier for a Principal to reassign a teacher. Include the corrupt investigations that are done against teachers and it is little wonder for the massive increase in reassigned teachers. Another $35 million dollars wasted by the DOE.

Lack of Teacher Control Of The Classroom/ Increased Paperwork

What ever happened to the union's "let teachers teach" campaign? Now as our union silently sits back, many teachers are subject to a one size fits all "workshop model" which only works with a target population and makes it easier for principals to file incompetence charges against teachers they do not like or want. Furthermore, the data accountability and evaluation programs has increased teacher paperwork threefold and the administrators do not allow the teachers school time to do the paperwork. Finally, the micromanaging by administrators has made classroom teaching an increasingly unpleasant occupation.

It is time for Mike (call me Michael) Mulgrew to match his rhetoric with action and really be the "Mighty Mulgrew" in the cartoon that we really need as the leader of our union. Mayor Mike and Chancellor Joel keeps on pushing and it is time for our union to push back. Hear that Mike?

If You Want To Know How Little Respect Tweed Has For Teachers, Just Read The DOE's Proposed Teachers' Contract That They Leaked To the Press.

In my previous post I took a tongue-in-cheek look at Chancellor Joel Klein's letter he sent to us. Little did I realize how close to the truth my editing was. The Gotham Schools blog printed the September 10,2009 DOE's contract demands and it is not only terrible but disrespectful of teachers. Let's look at these ridiculous demands by Tweed as they practice "education on the cheap" at the expense of the teachers.

Salaries

• No guaranteed salary increase without "givebacks". This is more draconian then the inadequate salary increase of 2% for the first $70,000 that Mayor Bloomberg proposed.

• Higher increases for beginning and middle level teachers (0-8 years in the system).

• Seniority steps will be changed to a Principal approved definitions of Apprentice, Practicing, Mentor, & Master teacher. In other words, the Principal will determine your salary.

2. Contract Modifications

• Reduce the 20 consecutive day time period to 5 days for a teacher's voluntary resignation if a teacher does not return to work after not giving notice for being absent.

• Add an extra classroom period for K-8 teachers.

• Increase unpaid coverages in the secondary schools from one to six per semester.

• Allow Principals to have grade conferences that go past the now existing 3:45pm limit.

• Eliminate retention rights for per session activities.

• Eliminate all sabbaticals except for health.

• reduce sck leave from 10 to 5 days annually.
  

• Termination pay will be reduced to one paid day for every three days in the CAR.

• No longer will teachers be paid if they take a day off if their CAR falls to zero.

• Eliminate seniority as a basis for excessing and layoffs.

• ATR is limited to four months to obtain a position or face removal from the payroll.

• No more 20 year exemption for teachers who can be excessed.

3. Discipline & Grievances

• All teachers accused of incompetence or misconduct will be removed from the payroll.

• Incompetence charges will be changed to make it easier to fire the teacher.
  

• All 3020-a hearings will be held by City appointed OATH judges.

• Teachers not reassigned will be given a one day 3020-a hearing.

• Eliminate the State mandated three year time limit to file charges against high school teachers when the DOE believes the charges may have been criminal in nature.

• All grievances will be done during non-working hours.

There are more outrageous demands dealing with Chapter Leaders, union activity, related provider services, and tenure issues but I am sure you all get the message that Tweed is out to destroy the teaching profession by hiring temporary, non-vested teachers, many of them from the alternate certification program like Teach For America and the Teaching Fellows who will never last the ten years to get a pension or the fifteen years to get retiree health benefits.

What the DOE really wants in their "education on the cheap" policy are disposable teachers who leave the system in an increasingly hostile classroom environment as Tweed's "children last" program continues.

This Is What I Really Think What Chancellor Joel Klein Means With His Letter To the Teachers.

This month Joel Klein blessed us with his junk mail oops, I mean e-mail on how he wants the best teachers. After I read Joel Klein's entire statement, I felt it necessary to change it to what I believe he really means to say. My changes to the Chancellor's e-mail are in bold face type.

Dear Teachers,



Over the last seven years, we have taken steps to bring cheaper teachers to New York City and get rid of them before they are vested while expanding our recruitment but not retention efforts, to raising teacher salaries by the inflation rate and requiring teachers to spend 10% more time in the classroom with three times the paperwork., to creating new lead teacher positions in our high-need schools, to offering housing bonuses for experienced math, science, and special education teachers, to targeting highly paid senior teachers who dare to work together in teams to improve student learning. We have done so because we know that nothing we can do for students matters more than giving the Principal the ability to hire inexpensive "newbie" teachers. Every day, they work saves money.and furthers our "education on the cheap" policy.



As part of these efforts, we have also focused on making teacher tenure more difficult. Tenure marks a new phase in a teacher's career and a new commitment by our schools to those who receive it. Unfortunately, over the years tenure has become an expectation more than an honor. While we have made progress, we still are not doing enough to set a high bar for all teachers, recognize excellent teachers, or withhold tenure from all of those who have not earned it. I have tried to do my best to make the classroom environment as hostile as possible, by getting rid of as many senior teachers as possible through the reassignment process or the ATR system but have been stymied by the legislature. And a loose tenure system isn't good for anyone-it hurts students, it disrespects successful teachers, and it leaves those who are not up to the difficult job to struggle.



This year, we are making changes to ensure the tenure process treats teachers like the cogs they are and helps our schools build compliant teams. In November, Mayor Bloomberg asked us to take the long overdue step of considering a teacher's impact on student learning in our tenure decisions. Factoring the results you work so hard (yes, I know I couldn't last in the classroom myself but this is about you not me) to achieve with your widgets eh, students into this decision makes common sense, and it is one of several changes to the tenure process that I would like to share with you today.



The changes we are making to the tenure system focus on three core principles:



1. Rigorous Review: Principals and superintendents will consider the performance of each teacher who is up for tenure more carefully than ever, weighing multiple factors including Teacher Data Reports, where available and appropriate as well as the likes or dislikes of the teacher by the Principal.

2. Transparency: In advance of the tenure decision, principals who do not like the teacher will be encouraged to have open, honest conversations with these teachers about their prospects of receiving tenure and any help in removing the teacher from his/her school.\

3. Accountability: We will hold every principal accountable (lol - I made a funny) for making fair, deliberate and timely tenure recommendations that accurately reflect each teacher's instructional performance.


Our goal is to align tenure decisions more effectively with the results you are achieving every day. But let me be clear: we are not proposing to base tenure decisions on student test scores alone-that would be insufficient. The Principal must like you and you need to never question administrative decisions. It is not about the children but the Principal.. We want to use all of the information available to us-from many different sources such as classroom observations and teacher work products-so that we can make fully informed decisions about each teacher's readiness for career success.



In future years, we will do even more to honor the achievement of earning tenure, especially for those teachers who have truly distinguished themselves. Our goal is to get rid of tenure and seniority entirely This will allow us to build an even younger and more compliant teaching force, celebrate our cheapest teachers, and respond appropriately to older teachers who are not meeting expectations by sending them to the "rubber room".. You can find additional information about the steps we are taking to strengthen our tenure system on the Teacher Page <http://schools.nyc.gov/Teachers/Spotlight/tenure_letter_2-11-10.htm> .



Thank you, as always, for your hard work and dedication to our students.



Sincerely,



Joel Klein

How To Really Streamline The Tenured Teacher Discipline Process While Protecting Teacher "Due Process" Rights.

Lately, the media and the pseudo education reformers have brought up New York State Education Law 3020-a as being too slow and costly with the average case lasting 502 days and hundreds of thousands of dollars. However, when it comes to how to make it faster and fair, these very same people are short on details or in Chancellor Joel Klein's case is unrealistic and violates State Education Law. Of course if you really want to know what Bloomberg & Klein would like to do to reassigned teachers? Just look at the pictures above. As for the State, their RTTT program in streamlining the disciplining of tenured educators is vague at best and disingenuous at worst. Therefore, the question is how would I streamline the State 3020-a process in New York City?

First, for teacher misconduct cases, there will be an independent investigator who would actually interview everybody involved in the alleged misconduct, including the teacher to determine if the teacher is a "threat to the children". If the investigator finds that the teacher committed "major misconduct" (as defined in the contract - Articles 21G5 & 6 pgs 115-117) or was criminally arrested then the teacher can be removed from the school and 3020-a charges can be filed. Otherwise, the teacher will stay in the school and the worst punishment would be a Letter To His/Her File (LIF). Incompetence cases would be handled differently and PIP+ would be changed to a more independent method where a 90% failure rate is unheard of. No longer would the teacher be subject to the corrupt investigations by the Principal, OEO, OSI, or SCI that usually results in the teacher being unfairly removed from the school. I guarantee that the overcrowded "rubber rooms" would disappear very quickly.

Second, the DOE lawyers must stop extending the hearings by charging teachers with actions that are both frivolous and outright bogus. It is bad enough that the DOE lawyers expand, twist, and embellish the incidents into something that they aren't but they then lengthen the hearings by adding additional charges hoping that some of them will stick. Many of the DOE lawyers will call in any witness that might have a bad word about the teacher even if they are not involved in the charges hoping it will influence the Arbitrator. Moreover, they will violate 3020-a law by bringing up hearsay or accusations against the teacher that are over three years old and never substantiated but claim it as fact. These tactics by the DOE lawyers is simply called "character assassination" and they will use this weapon when they realize their case is failing. The result is that a four day misconduct hearing can last four months!

Third, give the Arbitrator the right to penalize the DOE when during the 3020-a hearings a witness, be it the investigator, Principal, etc was caught lying in their testimony. Presently, there is no consequence for investigators and administrators who are caught lying. If a teacher is caught lying in his/her 3020-a hearing that teacher is terminated. Therefore, there should be serious consequences to testimony found to be untrue and action taken against witnesses that lie. If investigators or administrators knew that their lies can cost them money and even their jobs, fewer teachers would be subject to 3020-a charges and the investigations would be fairer.

Fourth, use the expedited hearing procedure that can be found in Article 21G3 of the Contract (pgs 114-115). According to Michael Mulgrew, this procedure has only been used twice since 2002. The reason the DOE does not use the expedited hearing process is that it does not allow for termination, the maximum penalty is a six month suspension, Despite the basis for a 3020-a hearing that is for the Arbitrator to determine the appropriate remedy for the accused teacher, the DOE's remedy is always termination. Hence, that is why there have been only two

Finally, give the DOE lawyers the right to rescind 3020-a charges. Especially after a teacher is acquitted in criminal court. To my knowledge once 3020-a charges are filed, the DOE lawyer cannot rescind these charges even if he/she realizes that the charges should have never been issued in the first place. Jeff Kaufman on the ICEUFT blog wrote about this only last week and is a must reading for teachers who want to understand the "rubber room" problem.

I am sure there are many other good ideas on how to streamline the tenured teacher discipline process and please put them in my comment section. However, these are the ones I found needs to be reformed.

Why Doesn't The UFT Leadership Actively Take Up The Case Of the Reassigned Teachers & Go After The Evil Administrators That Put Them There?

I have been pleasantly surprised by the tone of our acting President, Michael Mulgrew as he seems to lock horns with our billionaire Mayor and his henchman, Chancellor Joel Klein. However, I have also complained that he has not replaced our failed union leadership that has lost touch with their members, especially the reassigned teachers. Based upon my conversations with two teachers who have contact with the UFT leadership, my complaints seem to be still valid.

I was told by a teacher in the Bronx that he had a conversation with one of the union leaders why the union does not go after the administrators that target teachers or have skeletons in their closet. This union leader who is in the highest rung of the UFT leadership, apparently told the teacher it is our union's policy not to go after a fellow union member from the CSA. The teacher was flabbergasted and said that this so-called union solidarity doesn't work both ways as many teachers are reassigned and receive 3020-a charges by the administrators. The union official responded to the teacher and said that is our policy.

This very same union official encountered a reassigned teacher in the Brooklyn "rubber room" who asked him why the union's tepid response to the DOE directed media campaign against reassigned teachers. Especially the Steve Brill's New Yorker magazine's hatchet job as well as the New York Post Sunday campaign.The union official told the reassigned teacher it is best to lay low and be quiet since it is hard to defend some of the teachers. The reassigned teacher, who has been in the Brooklyn "rubber room" for almost three years without 3020-a charges in violation of the union contract, then told the union official that the UFT must confront the media with their own stories of how the DOE files the most frivolous or bogus charges against teachers who are whistle blowers or who stand up for their or student rights. The union official said that he would look into the reassigned teacher's suggestions. The teacher is not expecting any action in the near future. This reassigned teacher wrote the following to me.

"UFT should not allow letting us twist in the wind of rotten press. There are many shocking stories to be told about reassigned teachers, veritable martyrs of Klein’s inquisition. But the UFT has washed its hands of the least of the brethren".

I may not totally agree with the reassigned teacher but it does appear to me that the union has not stepped up to the plate and have allowed the DOE to demonize the "rubber room" teachers in the media without any push back from the union. Yes, some of the teachers in the "rubber room" are guilty of what they are accused of but what about the other 90% who should never of been removed in the first place and are simply victims of vindictive administrators who care little of union loyalty while being protected by our union's misguided policy of protecting them. No wonder we have a hostile classroom work environment and overcrowded "rubber rooms". With a union leadership like ours, it is no wonder that the administrators feel they can do as they please.