Bloomberg & Klein Declares War On Teachers - When Will Our Union Fight Back?

For all you teachers who were waiting for the 8% raises in the next contract, dream on. It is now very obvious that Mayor Bloomberg and Joel Klein will not give us a contract without some outrageous "givebacks" that the union will never allow. This means do not look for a contract anytime soon. While some union officials think that the UFT's decision to explore the PERB option is just a ploy to give the City and the union political cover to approve the "City Pattern", which is two 4% raises (minus the 0.58% for the two days before Labor Day) without any "givebacks", I do not think this is the case. As recently as a couple of months ago both the Sargent's Benevolent Union and the Teamsters local 237, along wih other unions, agreed to this "City Pattern" during the height of the City's budget crises and we should be no different. However, it appears that Bloomberg is looking to break the power of the teachers union by demanding "givebacks" and will not negotiate a fair contract without winning some of them.

I previously explained why we should not agree to any "givebacks". I now also believe that our union should not agree to PERB mediation since the default is the"City Pattern" and we will be forced to allow "givebacks" to achieve the raises. Therefore, it is best to force the City to come to terms without PERB mediation and if the City refuses to do that then charge the City with "bad faith" bargaining and ask permission to strike. Moreover, the union needs to fight back and file PERB complaints against administrative abuses which will force Tweed to defend their vindictive administrators time and again. In time, Tweed will wary of defending abusive principals and the City will eventually "cry uncle" as they will be forced to layoff newbie teachers and spend 160 million dollars yearly paying ATRs and "rubber room" teachers who were unfairly denied a classroom position.

Time is on our side, not the City's. It is the City that is wasting upwards of a billion dollars on non-classroom positions, high-priced consultants, and dubious educational programs. If Bloomberg & Klein wants a fight. They are fighting with one hand tied behind their back. We should oblige them and if we stick together, we will win in the end. We can knockout Bloomberg/Klein and their media supporters by aggressively fighting back with our own advertising blitz by showing them solutions such as lower class sizes, smaller central bureaucracy, and programs that help the classroom. Finally, at the Delegate Assembly, Michael Mulgrew must draw a line in the sand and commit to never allow a time limit on the ATRs, and ensure due process for teachers in the "rubber rooms". In this total war with Bloomberg and Klein, no retreat is possible.

The Daily News Editorial Gets It Wrong Again. What Else Is New?

In today's New York Daily News editorial their clueless editorial staff once again gets it wrong when it comes to the New York City Public Schools. The editorial blamed the wrong people, the teachers for the ongoing problems with the New York City Schools. The editorial basically used Mayor Bloomberg's speech at Washington D.C. for what changes are needed in the school system. However, educators, especially ones who came from the classroom know better. These educators know that Blommberg's accusation against teachers are lies and what is really needed to help the children are as follows.

1. Smaller class sizes: New York City has the highest class sizes in the State and despite State money through the CFE lawsuit that was to be used to lower class size, the money appeared to have been e diverted by Tweed for other uses since class sizes have remained steady over the Bloomberg/Klein years. Most independent studies show that small class size has a very positive correlation to student academic improvement.

2. Experienced Teachers: There is no doubt that the most needy of children need an experienced teacher to guide their academic development. However, under Bloomberg/Klein we now have a "fair student funding" formula that penalizes schools that hire experienced teachers. In fact, budget cuts actually penalizes principals who hire experienced teachers.

3. ATRs & Rubber Room Teachers: Joel Klein created the ATR crises which has resulted in 1,300 ATRs, many of them experienced, senior teachers from closed schools and the sevenfold increase in reassigned teachers who's only crime is to be on the wrong side of a vindictive Principal. Some of the best teachers in the system can be found in both groups. All Tweed needs to do to get rid of both groups is to have a real hiring freeze until there are no ATRs left. As for the "rubber room" teachers, only those teachers accused of criminal offenses should be reassigned with the rest sent back to the school system after meeting with an independent mediator.

4. Reduce The Central Bureaucracy: Reduce Tweed to the bone and ensure that educators are in control of the DOE not the lawyers and business managers. Furthermore, it is time that an independent oversight board be established to make sure consultants and contracts are both cost effective and beneficial to the schools.

5. Stop Hiring Non-Educators: Finally, Tweed must stop hiring family and friends who only care about their next job outside the school system and waste precious education money on programs and people who don't contribute to the children they are supposed to represent.

These are the issues, along with improving the schools, not closing them, are what is needed to improve the New York City Schools.

Mike Mulgrew, Just Say No To "Givebacks" And Demand The City "Pattern"

It certainly appears that our union have again made some terrible decisions when trying to negotiate with Michael Bloomberg & Joel Klein for a new contract. I like many others had thought that the Randi Weingarten/Michael Mulgrew crew had secretly worked out a contract in exchange for the union allowing a continuation of mayoral control, neutrality in the mayoral elections, and the elimination of the 8.25% fixed interest rate in the TDA. It now appears that is not the case.

While it is true the City has penciled in two 4% raises for teachers in their budget, it now seems likely that we will not be getting our City "pattern" raises until the union agrees to "givebacks" to compensate for any wage increase. What are the "givebacks" Bloomberg & Klein want? Just read what Bloomberg said in Washington D.C. with the Secretary of Education standing next to him. While I am not part of the 300 person negotiating committee or the 30 member executive group that actually sits down with the City, it is very obvious what Bloomberg & Klein wants from us.

Tenure decisions: While tenure has always been controlled by the Principals, Tweed and the City wants to use actual student data that they can manipulate to determine tenure. This seems strange since Principal don't need student data to give or not grant teacher tenure. Is this a underhanded way to reduce school input on tenure decisions? I would like to know how the CSA feels about this.

ATR Time Limit: This is Chancellor Joel Klein's most important issue. He wants a six month time limit but will accept a longer time limit to eliminate the ATR problem that he created in the first place. To date the union has not budged on this and I hope they never will. How many ATRs filled the vacancies that were around before the October 30, 2009 deadline? Not many, none of my ATR friends filled one and I suspect the Principals were able to find a way around the issue without hiring ATRs.

Terminating Teachers: Under Bloomberg/Klein the sevenfold increase in reassigned teachers are mostly caused by Tweed allowing Principals the power to remove teachers on false or frivolous charges. This increase in reassigned teachers have overwhelmed the 3020-a process making a 2 to 3 year stay in "rubber rooms" quite common. Since Arbitrators and transcribers are paid by New York State and are paid sporadically, many 3020-a hearings are drawn out as both groups make this a low priority item. This has resulted in the DOE making settlements with many a charged teachers. However, teachers who know the charges are untrue rather take their chances with an independent Arbitrator than admit guilt. This forces the DOE to bolster their "weak cases" by practicing "character assassination" against the teacher that furtherextends the 3020-a hearing process.

School Closings: The expected ncrease in school closing is just another ploy to allow for the increase of "Charter Schools" and "Small Schools" at the expense of large neighborhood schools. Just look at the problems Tweed caused at Jamaica High School and Beach Channel High School are examples on how to destroy a neighborhood school.

It is the union's responsibility to listen to the other caucuses, including your allies at "New Action" and many of your own "Unity" members not to give any "givebacks" whatsoever. The pattern is two 4% raises minus the 0.58% we owe for getting the two days before Labor Day. No other union allowed for "givebacks" in this pattern and we will not as well.

Principals Are Being Informed That They Do Not Have To Approve Payment For A Teacher Who Sees Their Union Lawyer After Tweed Files 3020-a Charges.

The DOE has found yet another way to make life a living hell for reassigned teachers by not approving the teacher a paid official business day to see their union-appointed NYSUT lawyers even when the reason was caused by the DOE filing 3020-a charges against the teacher in the first place. Until this school year it has been common practice for principals to give approval to a teacher who is meeting with his NYSUT lawyer as a paid official business day. However, last year a vindictive elementary school Principal decided that any absence from the "rubber room" by the reassigned teacher was considered leave without pay. The union rather than pro-actively going after the Principal, quietly tried to negotiate with the DOE and was only partially successful in making the Principal accept that she must approve the days the teacher actually attended her 3020-a hearing.

Left out of the agreement were the days when the reassigned teacher was required to meet with the NYSUT attorney as they needed to prepare the teacher's defense against the 3020-a charges by the DOE. In fact, the Principal refused to take the teacher's three "personal days" when meeting with the NYSUT attorney and was marked as leave without pay. It seems that since Joel Klein has given the principals complete control over the school's budget and staffing, The Principal has the right not to approve a reassigned teacher's right to see their NYSUT attorney simply by controlling their CAR. It doesn't matter that the teacher is no longer on the school's payroll and it doesn't cost the Principal a dime. It is not about what is right, it is about their control.

In this school year more and more reassigned teachers are complaining that the principals in their old school is requiring them to use up their three personal days to see their NYSUT lawyers and in some cases are required to take the day as leave without pay. What has the union done about this? Nothing, nothing at all. President Michael Mulgrew has been informed of this issue and so far silence. What kind of union representation do we have when Tweed changes the rules and costs teachers money as they allow vindictive principals to get away with not paying teachers for seeing their union-appointed lawyer based on 3020-a charges that is usually instigated by the same Principal.

It is bad enough that Tweed allows principals to remove teachers to the "rubber room" on false and/or frivolous charges. Now they are allowing (encouraging) these principals to ignore common practice and force reassigned teachers to meet their NYSUT attorney on their own time. Shame on Tweed who assumes teachers are guilty, shame on the principals who show their vindictiveness, and shame on our union that refuses to fight this outrage to already targeted teachers.

Finally, A Teacher Sues The DOE When Falsely Accused Of Sexual Misconduct

Over the eight years of Joel Klein's tenure as Chancellor of the New York City's Department Of Education (DOE) the central bureaucracy (Tweed) has seen an increase of non-educators and lawyers while employing less educators at the highest decision-making levels. The hiring of more non-educators ruining Tweed has resulted in an increasingly anti-teacher climate. Historically, the "rubber rooms" averaged about 90 teachers citywide, most accused of criminal or serious sexual offenses. However, under Joel Klein's tenure we have seen the number of "rubber room" teachers increase to about 650. Nearly a sevenfold increase!

One of the more interesting developments under Joel Klein's leadership is that once a teacher is served his or her 3020-a charges, the teacher will end up with a two year stay while the process plays out. While I am sure that the DOE can rescind 3020-a charges when the accusations are later to be found false or frivolous. I do not know of any teacher that actually had their 3020-a charges dropped. I believe that DOE's own arrogance stops them from admitting that many 3020-a charges are bogus and they rather go into the 3020-a hearing with a weak hand and practice character assassination then admit that 3020-a charges should not have been brought in the first place.

The reason that the DOE can abuse the 3020-a process is the unwillingness of the UFT to go after the DOE's abusive practices against their teachers. Once in the "rubber room" the UFT leadership washes their collective hands of the teacher. Yes, they give the teacher a NYSUT lawyer and speak of due process rights but in reality to the UFT these reassigned teachers have one foot out the door and if, by chance, survives the 3020-a process, are welcomed back as powerless ATRs. The vast increase of "rubber room" teachers would not be possible without the quiet approval of a union that believes these reassigned teachers are guilty of something. Compounding the UFT unwillingness to help the teacher with an independent investigation and adhering to the contract time lines, is the unfair and biased investigations by the DOE and their investigative agencies against the targeted teacher. I have previously complained about the corrupt investigation process that lands teachers in the "rubber room" without any recourse. It seems that finally there is a teacher who is willing to fight back.

In a NY! post, teacher Daniel Smith has filled a federal lawsuit against the DOE and SCI for illegally removing him to the "rubber room" and costing him per session money. While I do not know his full story. I hope what he claims is correct and that he wins his case against the evil twins the DOE's Office Of Legal Services and SCI. A win for him may help reduce the DOE abuse of the 3020-a process. Good luck and best wishes from all of us.

Bloomberg Wants More Education Cuts. Where Will The Cuts Come From? Just Don't Expect Them From Tweed.

Today Mayor Bloomberg requested that the Department Of Education (DOE) cut the 23 billion dollar education budget by 5.5% according to the New York Post. 1.5% this school year and 4% next school year which comes out to almost 127 million dollars. While this is less than the 12% that most City agencies need to cut, the question becomes where will the education cuts come from? Based upon the historical record of Joel Klein's priorities, look for the central bureaucracy at Tweed and their well-connected consultants to be spared while the field offices, support centers, and the schools will probably suffer the brunt of the cuts.

However, look for Tweed to put the DOE propaganda machine into overdrive and claim that if they can eliminate the 1,300 ATRs after six months and fire the 650 "rubber room" teachers, they could save 160 million dollars. Of course Tweed will totally ignore the money spent on highly-paid consultants and their pet projects that overwhelms the money Tweed pays non-classroom teachers that they put out of the classroom in the first place. Furthermore, Tweed, rather than hire non-educators like lawyers to persecute teachers and allow principals not to hire ATRs despite Joel Klein's widely ignored ultimatum to hire them or lose the vacancies should freeze hiring of newbie teachers. No loopholes or exceptions at all. Moreover, the DOE should reopen many of the 3020-a cases which not only cost time (average 2 years) but $250,000 per case between the City and State.

If the DOE really wants to help the students then they should cut the central bureaucracy to the bone, free the unjustly accused "rubber room" teachers , and freeze all newbie hires until the ATRs are placed.

By the way if Governor Paterson gets his way, the NYC schools would experience an additional 223 million dollar budget cut for the remainder of the school year for a total mid-year budget cut of 257 million dollars! Let's hope this does not happen for the children's' sake.

Where Does The Money Go When Teachers Either Settle With Or The Arbitrator Awards Money To The DOE?

One of the questions that reassigned teachers ask and get no answers from the union is what happens to the money that the teacher either agrees to settle with the Office of Legal Services or the Arbitrator awards the DOE? Now in Betsy Combier's blog - rubber room reporter she identifies a mysterious group at 65 Court Street, known as "District 65" who she believes may be the beneficiary of the teacher fines. Contrary to what most people believe, the Arbitrators and transcribers are paid by New York State and not the DOE. Therefore, the money the DOE collects from teachers seems to disappear into the Tweed bureaucracy but now Betsy Combier may have discovered where the money may actually go to. Could it be this top secret "District 65" group?

My question is, if this "District 65" group actually exists. What is their purpose? Who runs the group? Where does the money they allegedly take in used for? If anybody knows about "District 65" and what their purpose is please contact

Betsy Combier
P.O. Box 17
NY., NY 10021
reassigned@live.com

All information sent to Betsy will be kept confidential.

Tweed's "Children Last" Program Continues As They Layoff 503 School Aides While Giving Millions To High Priced Consultants

Tweed went ahead and laid off 503 school aides starting Monday. These school aides are invaluable to the schools, especially in the poor neighborhood schools while at the same time approving a 3 million dollar contract for the consulting firm KPMG that does not directly benefit the children. Tweed previously threatened to layoff 530 school aides but was temporarily stopped by an injunction that has since expired when DC37 refused to supply a bond to pay for the school aides.

The school aide position is one of the lowest paid position of all school employees and they do the jobs in the schools that other staff members refuse or do not want to do. Furthermore, many of the school aides work closely with the children by supervising them in the lunchroom, busing duties, and overseers during recess. Many schools will struggle greatly without the school aides and the quality of the children's educational experience will surely suffer. The DOE claims that the layoffs of the 503 school aides will save 13 million dollars for the educational budget, However, the budgets cuts seem to exempt Tweed's consultant services as in the same week they approved a 3 million dollar program by the consulting form KPMG to survey schools for priority issues. This survey has been done previously and has been largely ignored by Tweed when the previous surveys found class size to be the most important factor. Both Public Advocate, Betsy Gotbaum, and the Manhattan PEP representative, Patrick Sullivan, questioned the use of the money at the time of past, present, and future budget cuts. However, the DOE said the survey is needed to identify school improvements. Really? As Patrick Sullivan stated. Tweed has seemed to ignore the surveys when they don't like the results. Why will this survey be different?

Yes, "children last" continues to go strong as Chancellor Joel Klein and his non-educator cronies serve up expensive contracts to well-connected consultants as the schools and especially the classroom, that they are supposed to protect are starved for funds and manpower. I believe the post on Gotham Schools-the last day of a school aide where some children wrote an emotional letter to Mayor Mike about their school aide is a must read. Shame on Mayor Mike Bloomberg and shame on Chancellor Joel Klein for the policies that only hurt the most vulnerable of children they are supposed to protect.

Updated Statistics Of The PIP+ Program Are Now Available & They Are As Bad As The First Year Numbers

The union official in charge of the PIP+ process has updated her numbers for the school year 2008-09 and found that of the 46 teachers who took PIP+ (Peer-Intervention-Program Plus) last year, 41 teachers failed the program and were deemed incompetent and are subject to section 3020-a. This means that for the two years that the union agreed to the PIP+ program 102 teachers who took the PIP+ program, 92 teachers failed the program " that is a 90% failure rate!" How can any union justify a program that allows the employer to terminate 9 out of every 10 of their members?

Now that we know what the numbers are, why is the union allowing such a flawed and biased program to exist? What's more, why hasn't the union let the District Reps (DR) and the Chapter Leaders (CL) know about the unfair PIP+ process and make sure targeted teachers are not hanging themselves by taking a program that has a 90% failure rate?

I am only one blogger and I have limited visibility. However, I appeal to all other bloggers to let their CL know of the problems with the PIP+ program and to read my articles on it here, here, here, and here. Knowledge is power and the more the CL knows, the better the CL can advise their targeted teachers in resisting a DOE inspired program who's main aim is to terminate teachers.

In my previous article I asked that the union members who are knowledgeable that they spread the word that PIP+ was a teacher termination program. The latest numbers have only convinced me that the PIP+ process must be eliminated. James Eterno, one of two UFT presidential candidates has already backed the termination of PIP+, how about you Mike Mulgrew?

Why Is Our Union Not Telling The Members At The Schools What They Know About How Administrators Target Teachers For Incompetence?

Over the last few years the DOE was increasingly frustrated in getting arbitrators to terminate teachers charged with incompetence. To try to increase the number of teachers to either be terminated or quit teaching in the NYC schools, they took precious money (1.2 million dollars) and setup a special unit dedicated to terminate alleged incompetent teachers. This unit was named the Teacher Performance Unit (TPU) also known as the "gotcha squad" named by Randi Weingarten. The TPU consists of lawyers and retired principals whose only purpose is to terminate teachers accused by their principals of being incompetent. The TPU developed different strategies to help principals get rid of teachers that they didn't want. While Tweed developed these strategies to help to terminate teachers, the union remained silent and failed to inform the District Representatives (DR) and Chapter Leaders (CL) about these TPU strategies and how to combat them.

Many of the TPU strategies were identified by either Betsy Combier and myself. Here, Here, Here, and Here. However, unless you read the two blogs the teacher would be unaware that the DOE has given the administrators the tools to go after the classroom teacher. The question is why does the union allow the DOE to get away with these horrible strategies to terminate the teacher? The answer is that it appears that it is in the Union's best interest to sacrifice some teachers to the DOE termination process for the sake of maintaining a good relationship with Tweed. For the union leaders it seems that an occasional teacher or two that are targeted are not as important as getting along with the DOE overseers. My conclusion may seem harsh to some and I am sure that many of the anonymous union hacks will object to my statement. However, when was the union going to let the teachers know about what lengths the DOE will go to terminate them? Further, the union knew full well that the PIP+ program resulted in a 90% failure rate and that the teacher cannot be charged for not taking PIP+. Therefore, the union had a responsibility to inform its members and their representatives (DRs and CLs) and not keep silent.

It is bad enough that we have an anti-teacher Chancellor in charge but we do not need our union leaders allowing his programs go unchallenged when it adversely affects the teacher.

Dear Team Polazzo - Why Matt Polazzo's Article Is Wrong

On my previous post I received a student commenter from Team Polazzo who asked me why I and other education bloggers believe that their teacher Matt Polazzo was wrong and misguided in his article in the New York Daily News last Sunday. The student was respectful and asked me why we attacked their beloved teacher for speaking his mind. I thought about it and believe that they deserve an answer. Therefore, here is my response.

First, your teacher flatly stated that all the teachers in the "rubber rooms" are "bad" teachers and the ATRs are incompetent. If he really understood the issues concerning the two groups he defames he would have known that Chancellor Joel Klein and his non-educator cronies caused both problems with their anti-teacher policy. The increase in "rubber room" teachers and the ATR mess were caused by closing down schools and cutting school budgets to the bone while encouraging principals to hire inexperienced and ill-prepared teachers to replace the experienced teachers in Tweed's "children last" program.

Second, the DOE brought in a fair student funding program that was not revenue neutral as the program was intended to be. This forced principals to hire the cheapest teachers to balance their budget and as a result many of the worst schools have little or no experienced teachers, just those "Teach For America" two-year wonders who couldn't teach to save their collective lives while experienced teachers languished on the ATR list.

Third, Chancellor Klein gave the Principals power to remove teachers they don't like and kick them off the school payroll in sixty days. The sevenfold increase in teachers in the "rubber room" is not about what is best for the students it is what is best for the principals, many of them with limited classroom experience themselves. For your information 90% of these so called "bad" rubber room teachers are sent back to the classroom after an independent arbitrator hears the case against the teacher.

Finally, the DOE practices age discrimination, both in the "rubber room" and the ATR ranks. I just need to refer you to last year's survey on the Queens "rubber room" as evidence to this. If you consider senior, experienced, and highly paid teachers as "bad" then you should work for Joel Klein's DOE.

I am sure Matt Polazzo is a great teacher and the students just love him and deservedly so. However, his knowledge of what really goes on in the "rubber room" and the ATR issue is sorely lacking. Therefore, his article is misguided, unfair, and inaccurate and he deserves the criticism that he brought upon himself.

The First Results Of PIP+ Is Finally Known And It Is Bad, Really Bad

At one of the 3020-a hearings a UFT official with detailed knowledge of the Peer Intervention Program plus (PIP+) has informed the Arbitrator presiding on one of the teacher incompetence cases that of the first 56 teachers who were given PIP+, 51 teachers were found incompetent by the PIP+ educators. That is a 90% failure rate! Astounding that our union allowed this program to exist at all. I was previously assured by a high union official that the PIP+ program was legitimate and it allowed targeted teachers a six month respite from the administration hounding them. However, it is apparent that the trade off was that in 9 of every 10 cases, the DOE now had an expert witness testifying against the teacher in the 3020-a hearing and an increased chance that the Arbitrator will either terminate the teacher or give more severe penalties than without the PIP+ educator's testimony.

Since the PIP+ program is voluntary, the union should be forcibly advising all Chapter Leaders and District Representatives that no teacher should agree to PIP+ under any circumstances. Remember, an Arbitrator has already ruled that that Administration cannot require the teacher to take PIP+ and cannot be charged with not taking PIP+. We all make mistakes in expecting the DOE to act fairly and reasonably. However, time and again Tweed does what is best for them and not what is best for the schools. Therefore, it is time for the union to admit failure in the PIP+ program and demand its discontinuance. Nothing less should be acceptable.

Its "D-Day" For The DOE Principals As All Vacancies Must Be Filled By Today

Today is the day when Tweed has threatened the principals with reducing their budgets if they do not fill all their teaching vacancies. However, the DOE is eerily quiet on progress to achieve their stated goal to reduce the ATR pool. The Daily News reported on the lack of information about Tweed's progress in reducing the ATR pool other than issuing a vague statement that more ATRs are being hired this week. The question is in this game of "chicken" between the principals and Tweed, who really won? The latest evidence is that it appears that both sides may claim a partial victory but it also seems that the ATRs lost. Wait a second, how could this be? Let me try to explain what I think has happened here.

Exemptions: Many principals who knew how to play the system were able to receive exemptions from hiring ATRs for their vacancies. The last number published by the DOE was 125 exceptions were issued. However, that was more than a month ago. I suspect many more have been issued since then. Didn't the four year clueless wonder Ariel Sachs write how her Principal found all 37 ATRs unacceptable for her vacancy? What makes Ariel Sachs more qualified than the 37 ATRs? My guess is that she is young and makes much less money than the ATRs rejected by her Principal.

Hiring newbie special education teachers: Some principals have already been caught hiring newbie special education teachers to teach mainstream classes by claiming them to be CTT or inclusion classes. If the newbie special education teacher has a multi-subject license, the Principal will claim the teacher is qualified to teach a subject in the middle schools and get around the hiring freeze.

Consolidating classes:, A select group of very savvy principals have found that consolidating classes which increases class sizes and reduces teacher vacancies can free up funds for other school uses. The money can be used for the Principal's pet projects, after school programs, and other per session activities controlled by the Principal. The redistribution of the budget may not benefit the students but certainly helps principals in allocating school funds.

As you can see Tweed wins because they did not rescind the hiring freeze and a few principals reluctantly hired excessed teachers. The principals won as they received exemptions to hire who they pleased or consolidated classes to free up school funds without losing money for vacancies that no longer exist. However, the ATRs lost as there are still more than 1,000 ATRs without a classroom as both the DOE and the principals found or provided ways not to hire them. As for the children? This is and never was about the children. "Children Last" continues.

Is It Important To Have An Open 3020-a Hearing? It Is Very Important

Under New York State Education Law 3020-a the tenured teacher can elect to have either an open or closed hearing. Both the DOE and UFT (NYSUT) do not want the teacher to have an open hearing because it is in both their interests to keep the hearings secret. I also suspect that the Arbitrator would prefer that the 3020-a hearing being presided over stay closed. The question then becomes why is it in the teacher's advantage to have an open hearing? TAGNYC and Rubber Room Reporter have always recommended that teachers should have an open 3020-a hearing but both never explained the advantages of having an open and public hearing. Therefore, I will try my best to explain why.

First: In the 3020-a hearing room the teacher will be overwhelmed , not to mention shocked, angry, and too busy writing responses and rebuttal notes to the slanderous attack upon his or her character by the DOE lawyer to adequately understand what is happening. The teacher may not pick up the context or ask the NYSUT attorney the proper questions for the NYSUT attorney to respond to the DOE lawyer's character assassination. By having another person to listen and observe in the hearing, the chances of something important slipping through becomes less likely.

Second: By having another set of eyes and ears in the 3020-a hearing, all parties will be more likely to follow the rules and not take liberties at the expense of the teacher who is usually unfamiliar with the process. Remember, the Arbitrator and the two lawyers (DOE & NYSUT) may work together for up to four years and the teacher becomes the outsider in the hearing and this may result in a decision different than if all the participants were strangers to each other.

Third: A sympathetic sounding board that gives the teacher and the NYSUT lawyer another point of view that might not have been considered as they prepared for the teacher's defense.

Fourth: The mere fact that the teacher wants people at the hearing tells both the Arbitrator and DOE lawyer that the teacher has nothing to hide and wants an open and public hearing to air out the allegations. Remember, most, if not all the allegations against the teacher are embellished, twisted, perverted, or not true and these allegations usually cannot stand up to the light of truth. By having an open hearing the light of truth shines that much brighter.


Finally: Remember, the DOE lawyer does not want you to have an open and public hearing and will do just about anything to stop you from having one. That should be the primary reason to have an open and public hearing.

The DOE's PIP+ Program Suffers A Severe Setback As An Arbitrator Throws Out Charges Against A Teacher Who Refused To Take The Program

In a little noticed decision an Arbitrator has dismissed a charge against a teacher who refused a Principal's order to take the Peer-Intervention-Program plus (PIP+). The Arbitrator rightly concluded that since the PIP+ program is voluntary, that the teacher had every right to refuse to take the PIP+ program. The teacher was leery of the PIP+ program and didn't believe the Principal was looking out for the teacher's best interest. Therefore, the teacher wisely chose not to participate in the PIP+ program.

For the uninformed, the PIP+ program is a program that was developed by the infamous Teacher Performance Unit (TPU) made up of retired principals and lawyers that allows the DOE to help document teacher incompetence by bringing in the PIP+ educator as an expert witness for the sole purpose to terminate the teacher in the 3020-a hearing. Because of the newness of the PIP+ program, statistics are hard to come by. However, the best information that is available show that only one in five to one in ten teachers who take the PIP+ program were found competent by the PIP+ educator. Very poor odds indeed. Both Betsy Combier and I have commented about the PIP+ program here, here, and here. The PIP+ program is simply a termination tool for principals to get rid of senior teachers and free up budget restrictions since the teacher, once removed from the school, is off the school's budget after only sixty days.

The union needs to reverse their position on PIP+ and must train their Chapter Leaders to recognize when their principals are targeting teachers for PIP+ and to inform them how to refuse the termination program. The union must stop burying their collective heads in the sand. PIP+ is not a fair or honest program. it is a tool for the DOE to terminate teachers. many of them senior teachers with good records.

Nicholas Kristof Scapegoats Reassigned Teachers As The Cause Of Our School System's Failure - Another Ignorant Journalist Who Believes Klein's Lies

Previously, I posted how these non-educators who are clueless of the New York City schools have these idiotic ideas how to fix them. Now we have a once respected journalist, Nicholas Kristof of the New York Times who makes a fool of himself as he writes an article that shows his ignorance of the New York City school system and his acceptance of the phony claims of Bloomberg and Klein that the schools are improving and would improve more so if they could only terminate tenured teachers more quickly. What is his solution? Glad you asked. More Charter Schools, no union rules, no teacher tenure. Interestingly, he failed to point out what educators believe are the issues that affects student academics the most. Like small class sizes, adequate school supplies, collaboration between administrators and staff, stringent student discipline codes, modern classrooms with smartboard technology, and most of all, experienced teachers. However, when you are ignorant of the education process, it is easy to blame scapegoats such as the teachers sent to the "rubber room". Mr. Kristof simply follows the script of history when unpleasant facts are presented to you, deflect it by finding a scapegoat to blame it on.

A little history lesson is needed here. When the Black Plague decimated Europe in the 1300s, the leaders simply blamed the "Jews" for bringing the plague onto the people. It didn't matter that Jews were dying too. Just don't let the facts interfere with a good story. When the Joseph Goebbels Nazi propaganda machine would report the same lies over and over again, it soon was accepted as the truth, even by people who should have known better. Now we have Nicolas Kristof believing the Bloomberg and Klein lies of great student achievement when even the media mouthpieces of the New York Post and New York Daily News have now questioned the alleged academic improvements under their leadership. A more intelligent person who understands the phony hype of the New York City school's boast about academic improvement can be found in Dianie Ravitch's opinion piece in the New York Post.

Fast froward to the present where Nicholas Kriistof has swallowed the lies of Bloomberg and Klein and accepted the now discredited New York State tests while ignoring the baseline federal tests that documented no improvement in academic progress. More ominously, he blames the poor teachers who have been reassigned to the "rubber rooms" throughout New York City as a deterrent for further academic progress and has proclaimed every one of them "guilty". No hearing in front of an independent arbitrator, no acknowledgement that many teachers might be innocent and were railroaded by vindictive administrators. Just like the Jews in the 1300s, according to Nicholas Kristof, being a "rubber room" teacher is guilt enough.

Has it ever occurred to Mr. Kristof that many of the 700 teachers currently in "rubber rooms" throughout the city might be innocent? Don't you think it is strange that before the Bloomberg/Klein administration the "rubber room" averaged 90 teachers on a yearly basis. What accounts for the greater than sevenfold increase? Better investigators? That's a joke read here for the real story about the DOE investigative process. Maybe it is poor screening of teachers? Teachers in the "rubber room" average over 15 years of service. That can't be it. However, the sevenfold increase in "rubber room" teachers is probably attributed to three things. First, the increase in power to the principals who have almost complete authority to remove teachers under false, frivolous, or embellished charges as they see fit. Second, the fact that once removed, the teacher's salary is taken off the school's budget after only sixty days. Third, the fair student funding formula encourages principals to file charges to balance the school's budget and to hire newbie teachers at half the cost. Both Accountable Talk and Rubber Room Reporter talks about this. No Mr. Kristof, the vast majority of the teachers assigned to the "rubber room" are there because of power crazy principals, budgeting constraints, and age discrimination and that is the truth as I see it.

Stop scapegoating the "rubber room" teachers and start writing about the phony education reformers who spin statistics with their fuzzy math and the abusive principals that now run many of the schools. Only then will you earn my respect that you once had but lost as you pandered to the mob of phony education reformers at the expense of the teachers.

Mr. Kristof, why don't you sit in on a complete 3020-a hearing, from start to finish. You might be "shocked" to see and hear how ridiculous some of the charges are. Stalinist Russian trials are the closest examples of how the DOE lawyer operates at the 3020-a hearing, realizing the weakness of the case against the teacher,the DOE lawyer resorts to character assassination. Little wonder 90% of the teachers end up back in the classroom. However, the collateral damage done to the students when the school cannot replace the teacher with an adequate replacement is real but then again don't let the truth interfere with a good story. Right Nick? Nick, are you there?

Tweed's Misplaced Priorities As They Terminate 530 School Aides And Hire More Lawyers And Other Non-Educators At Headquarters

Tweed's "children last" program continues as the DOE authorized the firing of 530 school aides while quietly adding to the central bureaucracy by hiring more lawyers and other non-educators. Many of the lawyers are being hired for the sole purpose to prosecute teachers and waste $250,000+ in the mostly vain attempt to terminate teachers through the 3020-a process. Since only 10% of the teachers are actually terminated, the DOE wastes over two million dollars for every ten teachers they file 3020-a charges on in their misguided attempt to go after senior teachers and fails at the task when it comes to termination.

The school aides are the lifeblood of the school system and are poorly paid, averaging $20,000 yearly. Many of the aides suffer with the low salary because of the generous health and welfare benefits that are associated with the position. The school aides, in many cases help run the school and do the most unattractive duties. In my school the school aids do the following:

• Lunchroom supervision
• bathroom monitor
• student escort
• hallway duties
• contacting parents when children don't show up to school
  
• discipline room
• checking student IDs
• Clerical work for the Administration
• Distributing books and other school supplies
  

I'm sure there are other duties that I have missed and without the school aides many essential services are delayed or not done which affects the school and the children. The lack of adequate school aides affects the proper operation of the school and weakens the learning environment of the students. Interestingly, The DOE blames the principals and their school budget not on Tweed's money burning no-bid consultant contracts and the fourfold increase in the Accountability Office at headquarters. To the non-educators at Tweed, it doesn't matter that the lawyers and public relations officials hired by them are of no value whatsoever to student academics and waste precious funds that could be used in the schools. "Children first"? Don't make me laugh it is "children last" when it comes to Joel Klein's DOE.

How To Survive The Corrupt Investigation Process That The DOE Perpetrates On The Teacher

One of the most corrupt process the DOE perpetrates on the teacher is the investigation process when allegations are made against the teacher. In almost all cases the investigation is biased and unfair and assumes the teacher is guilty. The DOE investigation process is to try to substantiate teacher guilt, no matter how frivolous the charges are. Credibility is assumed for the accuser, be it a student or an Administrator, while the teacher is presumed to be not credible. It is not about the truth for these investigators it is to "get the teacher" no matter what it takes. These investigators try their best to get teachers terminated and speaking with them just gives these investigators the tools to hang the teachers on their own words. Let's look at the corrupt DOE investigation process.

Principal's Investigation: This is the least serious and the most corrupt of the investigations if the Principal does not like the teacher. The Principal investigates incidents that OSI and SCI dump back to them since they are not considered serious enough for the two investigative units to waste manpower on. However, the Principal is not an experienced investigator and will intimidate students or staff when doing the investigation. Furthermore, the Principal is prone to ask leading or misdirected questions that lead to erroneous statements. An example would be as follows:

Principal: "Did the teacher threaten to hit you"?
Student: "No".
Principal": Did you think the teacher could hit you"?
Student: "Yes"
Principal: So you were scared that the teacher could hit you"?
Student: "I guess so".

The Principal then directs the student to write a statement that he felt threatened by the teacher with physical harm. Therefore, the teacher is removed and is charged with A-420 (corporal punishment). You think that can't happen? Think again, it happens every day as principals target teachers they do not like or want in their school. You can find my take of A-420 (corporal punishment)and A-421 (verbal abuse) here. Because the DOE lawyers know about the poor interviewing skills by the Principal, they usually try to settle with the teacher for a fine and a course or two rather than presenting the case to the 3020-a Arbitrator.

Office Of Special Investigations: (OSI) Occasionally, the allegations of corporal punishment or verbal abuse is serious enough that OSI will do the investigation. The first question the OSI investigator asks the Principal is: "How do you feel about the teacher"? If the Principal does not like the teacher, the OSI investigator will substantiate the most frivolous of incidents as serious and ask for the teacher's removal. An example of this can be found in Betsy Combier's blog here and here where the OSI investigator, Dennis Boyle, lied when he substantiated the phony corporal punishment charges on teacher Glenn Storman. A subset of OSI is the Office of Equal Opportunity (OEO) and they investigate discrimination, gender bias, or sexual orientation issues. Usually the only time they give a fair investigation is when it is teacher vs. teacher.


Special Commissioner Of Investigations: (SCI) The most serious investigation is by SCI who have the ability to arrest the teacher. SCI is called in when allegations of a criminal or sexual nature is reported. The SCI investigators are semi-independent of the DOE. However, they are paid by the DOE and are listed in the DOE payroll by the City here. While, few teachers are actually arrested, these ex-police officers can show up unannounced at the teacher's residence, school, or vehicle hoping to get the teacher to talk. More about SCI can be found here and is required reading. The SCI investigators assume teacher guilt and will go to great lengths to substantiate teacher guilt. An example of how far SCI will go is the case of Teddy Smith where the SCI investigator substantiated the impossible. In other words he lied! You can find the shocking details here and on Betsy Combier's blog.

The Union Position On Investigations: The UFT position on investigations are as follows:

Meet with the Principal and a union representative (usually the Chapter Leader) about the findings of the Principal's investigation. Answer questions and follow the lead of the union representative in crafting your response.

Meet with the OSI investigator and a union representative (usually a retired union member, sometimes the District Representative) and answer the questions simply and directly unless the union representative tells you otherwise.

Never speak to an SCI investigator without a UFT supplied lawyer. If you are a tenured teacher, your lawyer will tell SCI not to contact you again and you will never talk to them under any circumstances.

My Position On Investigations: Give only simple yes/no answers to the Principal about the allegations leveled against you. If you choose to explain the allegation, make sure it is what you will also say in front of the 3020-a Arbitrator. Any inconsistency in statements by you can lead to termination. Remember they can lie but you can't!

As for both OSI and SCI? "Do not talk to them at all"! These investigators are out to get the teacher, truth and justice are irrelevant. Therefore, any defense you mount can and will be used against you by the investigators. Furthermore, the more you say the greater the chance you will give the investigators the ammunition they need to get you. Again, "do not talk to investigators"!

What the union must do to ensure fair and impartial investigations: Once a Principal calls in one of the investigative units, the union, by contract, will provide an independent investigator who will join the investigation and be allowed to ask any witnesses the same questions the DOE investigators ask. If the independent investigator agrees with the DOE investigators that the charges are serious and true enough for the teacher to be removed. then 3020-a charges can be issued. However, if the independent investigator disagrees with the DOE investigator, the teacher cannot be removed from the classroom and no 3020-a charges can be filed. However, a mediation panel can be used to determine a lesser penalty, if any, for the teacher. Of course the mediation panel should have no ties either to the DOE or the UFT .

In no case can a Principal be allowed to remove a teacher when the investigative units have dumped the allegations back to the Principal. The maximum punishment the Principal can do is to give the teacher a letter to the file as a result of the accusation.

Until a fair and independent investigation procedure is put in place, teachers are just target practice for the DOE firing squad.

From The Hall Of Shame To The Hall Of Fame

Many of the Principals that graduate from the so called "Leadership Academy" have brought down the profession and have worsened morale in the schools they control. However, I must bring up one of these principals that have turned the corner and in his second chance to be a Principal has made my Hall of Fame as he worked hard to become a quality Principal . The Principal is Carleton Gordan who's first assignment after graduating from the "Leadership Academy" was given a Brooklyn school with a challenging population to turn around. Like many of the "Leadership Academy principals" he only made things worse by blaming staff, caused a high teacher turnover rate, and allowed student discipline problems to go unchallenged. He was eventually removed and this might have been the end of his career as a Principal in the New York City schools. However, Mr. Gordan was given a second chance and in 2004 he become Principal of IS 59 in Queens. In the next few years he took the school from confusion to collaboration. He was credited with working with the staff to improve the school culture and morale. Parents, students, and teachers all sang his praises and few teachers left the school.

How respected was the Principal? Teachers would not take a union representative with them to meet with Mr. Jordan (not a good idea by the way). Furthermore, he investigated any allegations in-house and took appropriate action when necessary without calling in the anti-teacher investigative units that could result in unfair teacher removals and a loss of instruction to the students. For him the collaterial damage to students due to a loss of a good teacher was the most important factor not how he felt about the teacher.

A few years ago in a special education high school class a substitute teacher overheard a conversation between two students about a teacher in IS 59. The substitute teacher reported the conversation to the high school Administrator who called in OSI to investigate the teacher. Despite obvious flaws in the investigation, gross inaccuracies of time and place, and Principal Gordan's insistence that they were barking up the wrong tree, the Office of Legal Services sent the teacher to the "rubber room". The investigation ended up with the teacher being arrested and stood trial. After the jury heard all the evidence and inconsistencies, it took the jury a full 22 minutes to acquit the teacher. Yes! You have read it right 22 minutes! The Principal not only testified about the teacher's character, but explained the obvious inaccuracies of the student statements and allegations of the situation. When the prosecutor realized that the Principal was not answering the questions the way he wanted, he asked why the Principal was dong this. The Principal's response was to say "do you want me to lie? This is about the truth right"?

Believe it or not the teacher is still in the "rubber room" facing 3020-a charges on the same incident and one of the DOE's star witnesses against the teacher is? You guessed it Principal Gordan. Good luck DOE you are going to need it.

Tweed Protects & Supports Bullying Principals And Allows ThemTo Remove Teachers As They Wish

The DOE claims that they take bullying very seriously and in the newspaper Gay City News , claim that they have strengthened the "Respect For All" program. However, the truth is that while the DOE tries to strengthen anti-bullying policies for students they are doing the opposite when it comes to teachers. Under non-educator Joel Klein's tenure, principals, many of them with little or no classroom experience, have been abusing their staffs and bullying them with threats of removal if they complain.

I have spoken to some Chapter Leaders (CLs) about the bullying of staff and they told me that the Principals seem to think they are empowered to do as they please in their schools. For example, one Principal assigned a "newbie teacher" two lunchroom monitor assignments despite the union contract. When the CL confronted the Principal about it he told the CL that the teacher volunteered to do the assignments. Of course this was untrue and when the CL tried to get the "newbie teacher" to grieve it she said that the Principal threatened to fire her (she's untenured) and needed the job. Another CL informed me that she was told that the Principal was not paying teachers to stay after school and participate in a late dismissal bus program that extended the teacher's day an extra 45 minutes. Under the previous Principal this was a per session job and many of the teachers shared the responsibility. However, the old Principal was forced to retire and a "Leadership Academy Principal" took her place. This "Leadership Academy Principal" with less than two years in the classroom, forced untenured teachers to volunteer to work the late dismissal program without compensation. The CL did grieve it but the DOE is delaying hearing the case and in the meantime the program is in effect without compensating the teachers.

Under Joel Klein's tenure, Tweed has always took the administrator's side when they bully the teachers. Tweed is known to find ways to violate teacher rights in the contract. You just need to look at the many grievances the union has to file on the same issues that are clearly stated in the contract. However. our union must be more aggressive in going after Principals that bully and
abuse the school staff. That means that the District Reps (DRs) must be given both the authority and the means to intercede with the Principal and let them know that abusing and bullying a staff member is unacceptable and will result in serious consequences if they do not stop it. Presently, many of the DRs seem either not to care or are unable to get bully principals to stop abusing school staff.

Finally, the union collects 140 million dollars from our dues. Some of that money should be spent on independent investigators who are called in by the union when an investigation of a teacher is started. Presently, there is no independent investigation process that is fair to the teacher and without an independent investigation, more and more teachers are subject for removal from the school simply because of an allegation, true or not. More about unfair investigations in my next post.