Student "X" And The Closing Of The Large High Schools.

The Bloomberg/Klein strategy of closing down the large public high schools have accelerated lately as the PEP approved closing down a record 19 schools earlier this week, despite thousands of parents, students, and teachers who protested and spoke against their closings.Previously, I have commented on how the destructive policies of the DOE has led to the downfall of the once world renowned Jamaica High School. However, what about the "at risk" students that are the reason for the downfall in the first place? This story is about one such student know as student "X".

Student "X" was an English Language Learner (ELL) student who came from the Caribbean with only his mother and three other siblings. His mother worked hard but had little time to monitor her children's academic progress. Student "X", besides being an ELL student was struggling academically and occasionally lashed out and was labeled as having a behaviour problem. An aunt tried to enroll him in a charter school only to be told that his mother did not put him into the lottery. Next, the aunt tried a new small school in her neighborhood but once the Principal saw the child's record that he needed academic as well as behavioral intervention she told the Aunt that her school cannot provide the services that a large school can. The Aunt reluctantly enrolls the child in the large neighborhood school with large class sizes and finds that her nephew is just one of many "at risk" students at the school. The elementary school did its best to provide the services to student "X" but as he entered the middle school he was an "at risk"student and even as his Aunt managed to have student "X"s mother enter a lottery for a new charter school, the charter school interviewed the mother and student "X" and convinced the mother her son cannot get the proper academic services that her son required.

Student "X" struggled through his middle school years but thanks to the teachers and the increasingly dumbed down New York State tests, student "X" was tested as a low grade "2" and was promoted into the high school, despite not being able to do high school work. The Aunt realized that her nephew, student "X", really needed to be in a small school setting and was able by force of will to enroll him ion one of those small collegiate schools. However, once the school staff realized that student "X" did not meet their unofficial criteria of being college bound, they convinced the mother that it was better for her child to go to the large neighborhood school to get the behavioral and academic services student "X" required. The Aunt was upset but the clueless mother was fooled into accepting the transfer.

Student "X", once again found himself with many other students like him. Most of his peers had struggled throughout their school years and many of them could not pass even the introductory Regents such as Living Environment, Algebra, and Global History. Like student "X" most of his high school friends were ELL students and had problems academically and/or behaviorally. In fact, student "X"s high school seemed populated with "at risk" students and despite the efforts of the school staff, many of these students will not be able to graduate because of their accumulated deficiencies. Now student "X"s high school will be closing down but for him it is far too late. His attendance was poor and he was failing his classes, even the phony "credit recovery program" the Principal put into effect to try to artificially raise the school's graduation rate was not enough. Now student "X", while still officially enrolled in the closing high school, does not attend anymore and is trying to look for a job. However, he has trouble filling out job applications and he has trouble counting despite his level 2 testing status.

Student "X" is the reason that Chancellor Joel Klein and Mayor Michael Bloomberg cite on why our schools are failing. However, it is their deliberate policy of excluding students like student "X" from the small and charter schools that have resulted in too many students like student "X" to be enrolled in the remaining high schools that cause their destabilization and a low graduation rate that eventually puts them on the Chancellor's list for termination.

Bloomberg & Klein caused the problem and they are blaming the schools and closing them instead of fixing the problem they caused. Why don't the newspapers write about that?

Bloomberg Wants To Cut Our Raises Or Face 2,500 Layoffs Of Teachers. The Union's Reaction Should Be The Following "Not In This Contract"

News have leaked out that Mayor Bloomberg wants to shortchange teachers by giving them the same truncated raises that Chancellor Joel Klein gave his people. That is two 2% raises for the first $70,000 in salary and 0% for any salary above $70,000. This is despite the fact that the teachers are the last major union that falls under the "City pattern" of two 4% raises with no "givebacks" and an existing budget that has those raises in it.

News Channel 4 reported that Mayor Bloomberg's proposed budget includes the two 2% raises for teachers and administrators and if the teachers union does not agree, Mayor moneybags threatened to layoff up to 2,500 teachers.

My union's response should be the following' The UFT will only accept the "City pattern" that requires two 4% raises with no "givebacks" the same terms given to all other unions. Mayor Bloomberg's proposed budget is "dead on arrival" when it comes to the teachers and any variation from the "City pattern" will be consistent with agreements made with all other unions in the last round of negotiations".
By the way as for laying off 2,500 teachers? Go right ahead and layoff the inexpensive and untenured teachers that you and Chancellor Joel Klein wants to keep. Civil service law requires that layoffs are based upon citywide seniority and no whining by you and Chancellor Joel Klein can change that fact. If you really want to save money the union suggests the following procedures be followed.

First, no more secret exemptions for principals who refuse to hire highly qualified ATRs. All vacancies must be filled by ATRs before "newbie teachers" are allowed into the school system.

Second, scrap the 600 million dollar AIRS system that does not work.

Third, eliminate the high priced no-bid consultant services that are of little or no value to the school system. Do you remember this one? Even the New York City Public School Parent blog's tongue-in-check GBN news article on the hiring of the hypnotherapist is not far from the truth.

Finally, bring transparency back to the secretive world of Tweed and let John Liu's staff oversee the DOE finances to ensure the classroom is getting their fair share of funds.


Bloomberg and Klein wants to destroy our union. Therefore, it is time for the union to take the fight to them and make them feel the pain for messing with the 800 pound gorilla. Michael Mulgrew, this is the time for you to show me that you are a mensch and not a wuss.

Can A Teacher Really File 3020-a Charges Against An Abusive & Vindictive Principal? The Answer Is No.

While reading my good buddy's blog, South Bronx School, I ran into a claim from the crack (or is that cracked) SBSB staff that any individual can file 3020-a charges against a tenured teacher or administrator. Boy, was I excited. I would demand that the union file 3020-a charges against the PINI principals that they identify in the New York Teacher and watch as Tweed complains loudly that the principals would be afraid to go after staff and be unable to do their job. Gone would be the unfair removal of staff without the Principal being investigated to determine if he or she should be subject to 3020-a charges by the union However, after talking to people in the know, inside and outside the union I found out New York State Education Law 3020-a allows only the superintendent of a school district or their appointed representatives who can file 3020-a charges.

Unfortunately, in New York City the Chancellor has appointed the ATU (misconduct) and TPU incompetence) legal staffs as the proper units to file 3020-a charges against teachers. These groups are only too eager to file "just cause" charges by believing all the hearsay statements given to them by the Principal and the corrupt investigators. The truth? This is not about the truth it is to get the teacher.

We teachers really do need a level playing field and the only reasons we are not terminated by DOE's Office of Legal Services is that under New York State Law we have "due process rights" and the DOE's flimsy evidence and hearsay statements must be brought in front of an Arbitrator who hears from both sides. However, many Arbitrators accept stand alone hearsay and it puts the teacher and her lawyer on the defensive and assumes that the Administrator or child has more credibility than the accused teacher. This is unfair and must be changed by giving all parties equal credibility and to dismiss hearsay, unless supported by actual evidence. Therefore, the union must remove Arbitrators who depend on the use of unsupported hearsay as a basis for their decision. This will help level the playing field for all teachers subject to 3020-a charges.

The Parallels Between Weingarten & Klein With Chamberlain & Hitler In Negotiating Contracts & Agreements Have Caused This Mess In The First Place.

Back in 1938 Hitler's Germany was ready to back down on invading Czechoslovakia and annex the German speaking Sudetenland. However, along came Neville Chamberlain who appeased Hitler's demands and said that "I have assured peace in our time" and surrendered the Sudetenland to Germany. He then looked the other way when Germany gobbled up the rest of Czechoslovakia. The result was a destructive world war that saw over 70 million people die. Now the UFT must prepare for a "total war" with Joel Klein because of Randi Weingarten's appeasement policy with disastrous contracts in 2003 and 2005 that saw the rise of the ATR crises, loss of seniority rights, reduction in teacher due process rights, and overcrowded "rubber rooms". Furthermore, Joel Klein's policy of recruitment over retention was endorsed by Randi Weingarten and this allowed a worsening of teacher morale as Principals were encouraged to hire "newbie teachers" and get rid of experienced teachers by any means necessary.

Just like in 1939. Hitler decided to invade Poland thinking that the West would not interfere since they gave in to the occupation of the Saar Valley, Austria, and Czechoslovakia. However, the West finally said "enough" and World War II started. We now find ourselves in a similar position as a union since Bloomberg & Klein have for so long had their way with Randi Weingarten's appeasement policy allowing the DOE to ask for an inch and then take a mile. Just like the West in September of 1939 our union is at a crossroads. Do we continue our destructive appeasement policy that has resulted in raises that barely kept pace with inflation while slowly destroying the morale of teachers and creating a hostile work environment in the classroom? Or do we fight back?

It does seem that our New President is acting like Winston Churchill and engaged the Bloomberg & Klein evil empire in the "total war" heaped upon the union members by this administration. It is long overdue that our union is finally flexing their collective muscles and show Bloomberg & Klein that when you mess with the 800 pound gorilla expect to be bruised.

While, I am one of those bloggers that have liked what I have heard from Michael Mulgrew. However, I must agree with Ednotes online that under Mr. Mulgrew its been more style than substance so far. However, this contract negotiation is "a fight to the death" and the union cannot accept any "givebacks" since we are the last major union subject to the "City pattern" of two 4% raises for the two years with no "givebacks". It is time to show the Administration that we are no longer the punching bag under Randi Weingarten's tenure but a fighter that will accepted nothing more than total victory for its members.

Who's Fault Is It Why A School Like Jamaica High School Is Forced To Close? It Is The DOE's Fault!

As you all know there is a good chance that a landmark school, Jamaica High School, will be closing its doors once the "rubber stamp" PEP meeting approves the DOE action. It has been well documented how the DOE created the conditions that led to the destruction of Jamaica High School as well as other large traditional high school throughout the City. Let's recap.

First, closing other large traditional schools south of Jamaica High School (Springfield Gardens, August Martin, Franklin K. Lane, Far Rockaway, Andrew Jackson) forced Jamaica High School to take the many "at risk" students that would have gone to those schools.

Second, the establishment of small schools that had exclusionary policies that limited "at risk" students and encouraged these students to apply to Jamaica High School because they claimed that the school had the services for these students.

Third, the deliberate financial starvation of resources to the school as an increasing number of "at risk" students did not include the money for the school to effectively integrate these students into an academic environment.

Fourth, poor school leadership led to the school being unfairly placed on the State's most dangerous schools list, when it was a safe school with quiet halls and classrooms.

An example of how this works is how the small Queens Collegiate School that was placed into Jamaica High School had two students that didn't fit their student profile. One was a special education student and the other was a slow learner academically. Both students were eventually transferred to Jamaica High School as the College Board School convinced the parents of the two "at risk" students that Jamaica High School was the better setting for them. Is this the exception? No, it is probably happening everywhere throughout the City.

The DOE policy has caused the problem and they are solving it by closing the schools that their policy destabilized in the first place. I wish for the best but expect the worst for Jamaica High School.

Contract Negotiations Have Reached An Impasse. Why We Should Be Concerned That PERB Will Resolve It By Recommending Massive Givebacks.

I congratulate Michael Mulgrew and the negotiating committee who resisted the City's unreasonable demands for getting the "City Pattern" of two 4% raises (minus the 0.58% that we owe the City for the two days before Labor Day). However, the union has now declared an impasse and that is scary. I am concerned that after the usual mediation process, the contract will go to the "fact finding" phase. By allowing the three member PERB "fact finders" to determine the conditions of a new contract is very disturbing. In this difficult economic environment it will be too easy for the PERB "fact finders" to allow for "givebacks" and to further destroy teacher rights.

While it is true that the PERB recommendations are non-binding, it will be very difficult for either side to resist these recommendations. Therefore, the union is taking a big risk in agreeing to PERB intervention. I hope our union leadership knows what it is doing since I and many other knowledgeable teachers rather have no contract than a contract with significant givebacks.

Remember, after too many years of Randi Weingarten's policy of appeasement and horrible "givebacks" (remember the 2005 contract) for a wage increase that didn't even keep up with inflation and the fact that her lackeys are still in power makes me very nervous and it should you too. Yes, I am pessimistic since this is the same old failed leadership that has made teaching a much more difficult profession in the last decade. I can only hope I am wrong as time goes on.

Why Is It That Only Teachers Must Meet Contract Time Lines?

In my years working as a teacher for the DOE I have found that only teachers appear to be required to meet time lines and not the DOE. Granted, there are exceptions, for example the union won a rare victory when the DOE challenged and lost the use of the 90 day limit to give a letter to the file. This is known as the 90-Day decision However, these victories are few and far between as our union tends to look the other way in enforcing time lines in the "Contract". Let's look at specific examples of the contract that the DOE violates or ignores.

Article 18: Transfers And Staffing - B: Hardship Transfers

Many teachers are frustrated when applying for a hardship transfer when they meet the condition of traveling more than one hour and thirty minutes each way between their home and place of employment. The DOE drags their feet and in many cases does not approve the transfer and forces the teacher to continually reapply until the DOE finally allows the teacher to move to a closer location. However, many teachers give up after first applying and are forced to travel over one hour and thirty minutes each way because of the DOE ignoring or refusing the original request. Time lines? The DOE needs no time lines. They just drag their feet and delay the request until it disappears,

Article 21: Due Process & Review Procedures -G:3020-a Procedures - 2B Rotational Panel

A pre-hearing conference must be held within ten to fifteen after a selection of an Arbitrator. What a laugh, I know cases where the pre-hearing was held over a year after an Arbitrator was selected! As for ten to fifteen days? Not in this universe.

Article 21: Due Process & Review Procedures -G:3020-a Procedures - 2e Rotational Panel

The final hearing shall be concluded no later than 60 days after the pre-hearing conference and a written decision must be rendered within 30 days of the final hearing date. Suffice to say this never happens. Many teachers spent an average of two years in the "rubber rooms" and some Arbitrators may take up to 9 months to render a written decision once the closing statements have been submitted. If the "Contract" was really enforced then all the Arbitrators would fail to meet the final paragraph of Part 2f which states " "Failure to abide by these rules shall be "good and sufficient" grounds to remove the Arbitrator". Reality shows that these time lines are unrealistic and make a mockery of the 3020-a process. Here again the time lines are ignored and with good reason. However, it is still another example when it comes to others, time lines are not important.

Article 21: Due Process & Review Procedures -G:3020-a Procedures - 4. Investigations

If a reassigned teacher is not charged under section 3020-a within six months of being reassigned. The teacher must be returned to his or her school, unless SCI is the investigating agency. I know of at least 5 teachers who have been reassigned and after a year they have no charges. I am sure there are many more teachers citywide. So much for the six month contract limit. This is another case where the DOE ignores the "Contract". By contrast if a teacher fails to meet the ten day appeal process once he or she is given their 3020-a charges, the DOE will terminate them.

For the DOE it appears time lines are not for them to meet only the teachers they want to target,

Its About Time That Our Union Fights Back In Stopping Bloomberg & Klein From Allocating Education Funds For Reducing Class Size To Other Uses

As many of you know I have been very critical of our union and their culture of appeasement under the failed leadership of Randi Weingarten. Every time the union gave an inch, the DOE took a mile. Every negotiated agreement between the union and the DOE were ignored by the DOE when they pleased. Examples are the ATR agreement and the "rubber room" agreement where the DOE have consistently choose to ignore the provisions that affect them. The result is that we will have over 2,000 ATRs by year end and "rubber rooms" that are bursting at the seems. I have watched as the paperwork has tripled and the classroom environment has become more hostile, how the union allowed and even approved the DOE policies that encouraged recruitment of lower paid "newbie teachers" at the expense of higher paid, experienced teachers always seemed a problem to me. It appears that maybe our union has finally cried "enough" and is ready to combat the DOE bully as it should have done eight years ago.

Finally, the union has filed a lawsuit on how the DOE misused 760 million dollars of CFE funds by New York State to reduce class size to other programs, some may not be of any educational use. Despite the increased money and declining enrollment, we have actually seen an increase in class sizes throughout the New York City Public School System since 2007. See chart. Where did the money go? To which programs? Did it even go for education? I applaud my union in taking their first concrete step in confronting the DOE in their "children last" program. However, this should only be the beginning of a more dynamic and pro-active union that flexes their collective muscles and let's their opponents and the politicians in Albany know what it is like to upset the 800 pound gorilla.

I am also impressed that the union has not agreed to any "givebacks" in the contract negotiations with the City. I understand that the union negotiators refused to put on the table any of the Bloomberg/Klein proposals about the ATRs, reassigned teachers, or tenure issues. Good for them and let's keep it that way. Rather no contract than a bad contract.

Good job Michael Mulgrew, so far you appear to be a Mensch. I hope this continues for all our sakes.

Two Community Leaders Get A Grade Of "F" For Buying The DOE Propaganda That Jamaica High School Should Be Closed.

I read with a mixture of amusement and anger as two clueless community leaders thought it was a great idea that Jamaica High School will be closed and be replaced with three smaller schools. The New York Daily News allowed these two apologists for Joel Klein's destructive policy in closing large, traditional high schools to express their ignorance of the DOE's policy to destroy these neighborhood schools and put in small or charter schools that will try to exclude the neediest of the children in their community from these very schools.

To prove why Jamaica High School should be closed down they brought up the poor graduation rate of under 50% and the lack of students who want to go to the school (88). They also claimed that Jamaica High School fared poorly when compared to similar schools. What they fail to understand, or don't want to understand, the reasons behind the poor graduation rate, the lack of student selections, and the alleged comparison with similar schools. It is because of the destructive policy by the DOE that put Jamaica High School in danger of closing in the first place.

First, the poor graduation rate can be attributed to the failed policy of Chancellor Joel Klein who started an irreversible plague by closing down the high schools south of Jamaica High School (August Martin, Springfield Gardens, and Far Rockaway) and dumping many of the "at risk" students that the smaller schools refused to select into the school. It is common knowledge that many of the small schools claim that they do not have the services or resources to educate the ELL and Special Education students and push them to the large traditional schools like Jamaica High School. Furthermore, until recently the DOE allowed these small schools to "cherry pick" their students not only excluding the above mention groups but children that were level 1 with behavioural or attendance issues. It is little wonder that these schools showed an initial jump in the graduation rate. Presently, these schools are still trying their best to encourage level 3 & 4 students with good attendance and little discipline issues to go to their school while discouraging the "at risk" students to select the school due to lack of services for them. In today's edition, the New York Daily News article wrote that the UFT claimed how unfair this is with regard to charter schools. However, let's see what these graduation rates are a decade from now? I suspect they will be no better and maybe worse than the large traditional high schools they replaced since these small schools will be competing with other small schools and charter schools for students and must fill their schools with "warm bodies" or risk being closed down themselves.

Second, the poor leadership of a previous Principal and incompetence of some of his administrators that are no longer at the school resulted in the State wrongly putting the school on their "most dangerous list of schools" . Once placed on this list the school not only lost existing students but labeled it to parents as too dangerous for their children who were considering going there. It did not matter that the school was safe and had quiet hallways and a great learning environment and was taken off the State list a year later. The damage was done and to the outsider Jamaica had a scarlet letter on it. The DOE, rather than correcting a wrong, cut resources, and space at the school and hastened the school's spiral downward.

Finally, these two clueless community leaders said that Jamaica High School, when compared to similar schools, did poorly. Really? Where are these similar schools? Do they have the same population and income distribution as Jamaica High School? Did these schools suffer from a similar brain drain as smaller and charter schools in the area siphoned off these high achieving students. Moreover, and more importantly, were these so called similar schools get their fair share of "at risk" students as nearby large high schools were shut down? I would venture a guess that they do not have the answers to my questions.

It is unfortunate that people who are supposed to be intelligent believe the DOE's fuzzy math, phony report card grades, and a lack of real accountability as the basis of their faulty conclusion that a potentially great school like Jamaica High School should be closed. Had they dug deeper into the numbers I would bet that they would be singing a different tune. However, their failure to explore the closing of Jamaica High School more closely allows the DOE propaganda spin machine to continue and allow a once great school like Jamaica High School to close.

Is The Union Sniffing Around By Surveying Members For "Givebacks" ? I Hope This Is Not True?

I have been hearing some very disturbing reports that our union may be considering some "givebacks". Not directly but through a marketing research group asking about what we would willing to giveback for a contract. I have not received such a phone call nor have any of my teacher friends., However, according to education notes online that some teachers have. If true, this appears to be a typical sleazy, backhanded way that our union works. Talk a good game and keep the rhetoric strong, while secretly preparing to sacrifice teachers. Be it ATRs, "rubber room teachers" and seniority rules. Very disturbing indeed. If true, Michael Mulgrew is just another Randi Weingarten union hack who continues to follow the failed and destructive policies of appeasement to the Bloomberg and Klein Administration that have resulted in an increasingly hostile classroom environment, an ATR crises, and overcrowded "rubber rooms". In addition, the rubber room reporter posted the NY1 interview with Chancellor Klein that parroted what Bloomberg said previously about eliminating the ATRs and overcrowded "rubber rooms" on their terms. Do I need to remind the union that the "City pattern" requires no "givebacks"?

I will say this loud and clear to the union. We will not accept any "givebacks" in the next contract and if that means waiting out the two clowns, so be it. Have we not learned from the 2005 contract fiasco that led to all these problems in the first place? As for giving the ATRs a one year time limit? In Chicago where the ATRs have an eighteen month time limit, over 6,000 of them have been eliminated in a school system of 35,000 teachers! It is time for Michael Mulgrew to show he is a Mench and not a Wuss to his members.

My New Year's Wish List

It is time for me to post my New Year's wish list for 2010. While I truly hope that many of them come true, I will not be holding my breath waiting for my wishes to happen.

New Contract: I hope that we will see a new contract that gives us the "City pattern" which is for two years at 4% per year, minus the 0.58% owed to the City for getting back the two days before Labor Day. More importantly, this contract shall not allow for any "givebacks". Under Randi Weingarten's helm we have already gave up too much and any "giveback" is one "giveback" too many. I also recommend that we keep PERB out of the negotiations since going to PERB can provide cover to include "givebacks" in any future contract. Therefore, to ensure a contract with no "givebacks", don't go to PERB!

ATRs: The union must demand that all excessed teachers in the subject area be placed before a Principal can hire "newbie teachers". This simple and fair procedure will eliminate the ATR problem and allow the DOE to hire "newbie teachers" when a real shortage exists. No waivers or exemptions can or should be allowed as was done this year.

Teacher Control: We need to regain control of the classroom and stop using the "one-size-fits-all" methods like the "Workshop Model" that do not work well with many of our urban population and just results in skyrocketing teacher incompetence charges. Moreover, the disciplinary codes against teachers have resulted in more and more teachers being charged with misconduct when there was no misconduct. No wonder we have overcrowded "rubber rooms".
We really need to let teachers control their classrooms to ensure a safe and learning environment. Teaching scared using a program that does not work and with a threefold increase in paperwork over the years is not conducive for real classroom learning. Finally, even the students know that they can get a teacher in trouble by simply making up a story and having his or her friend agree.

Teacher Respect: It is time for our union leaders to organize the 80,000 strong teachers into a potent force by demanding teacher respect from the DOE and their anti-teachers leaders at Tweed. This can be done by the union actively going after the more abusive Principals, known as PINI Principals. Instead of writing about them in the New York Teacher, bring the mainstream media into it. Further, the union can file a PERB complaint against the DOE for allowing a hostile work environment and/or file a lawsuit when serious abuses by the Principal are uncovered. It is difficult for teachers to be respected when the students see how the Administrators abuse them.

Leadership Shakeup: So far Michael Mulgrew has not changed Randi Weingarten's top staff since taking over the UFT presidency. We still have the same failed and out of touch, double pension Randi loyalist in positions of power within the union. It is time that Michael Mulgrew make some real leadership changes and put more involved people into positions that deal directly with the membership.

There are more but let's start with these five issues first and see how it goes and to everybody have a Happy New Year!

Santa Claus And The Department Of Education - How The DOE "Grinch" Terminated Him

In the DOE's never ending quest to bring in "newbie teachers", many of them the two year wonders from "Teach For America" and the "Teaching Fellows" programs. Here is a story about one "Teaching Fellow", a jolly old man named Santa Claus. Santa Claus wanted to make a difference with the children year round, not just Christmas. After carefully reviewing all the possible jobs he felt he could make a difference in, he settled on teaching where he can interact with the children year round (including summer school). However, there was a slight problem, Santa was not certified and the normal certification process takes years. Lucky for Santa, this was Chancellor Joel Klein's DOE and Santa could apply to teach as a "Teaching Fellow" and get his certification while actually teaching, what a deal! Since Santa had no educational experience, he was considered a "newbie teacher" and received $45,530 annually. Santa thought this was great, he could spend his salary on making more and better toys for the children of the world and if he lasts long enough a pension and retiree health benefits for him and his reindeer crew. What a deal!

Unfortunately, for poor old Santa this is Joel Klein's DOE where any student's accusation or administrator's claim is believed and soon poor old Santa was jettisoned out of the classroom and found himself in the Teacher Reassignment Center (TRC), known as the "rubber room". Santa did not know why he was removed from the classroom since the administrator refused to tell him why, despite violating last year's negotiated "rubber room" agreement, his reassignment letter only said he was under investigation for "misconduct". However, there was no specifics to the misconduct accusation.

Santa found himself surrounded by teachers, most his age, who were squeezed into a room that was to handle half the amount of people and when poor Santa tried to sit down, the site supervisor called the "Warden" summoned him in and read him the "riot act" and placed him at a different table with a broken plastic chair. Eventually, some teachers befriended him and told him to handle it the best he can. He was told by the teachers to call the union representative, known as the "General". Santa Claus called the "General" who told him to keep quiet and don't tell anybody about your case. Santa said how can I tell them about my case when I don't even know my case? The "General" also told him that do not listen to the teachers at the TRC. They give you bad advice and I will see you in my monthly visit to the TRC. Santa was now bewildered, the union representative told him to be quiet and Santa was still clueless on why he was reassigned.

Two months later two men in suits showed up at the TRC and wanted to question poor old Saint Nick about the alleged incidents at his school. The liaison at the TRC told him that he shouldn't speak to these two men because they are from the Special Commissioner of Investigations (SCI) and their job is to "get the teacher" and not to determine the truth. The liaison further told Santa that if you say the wrong thing, they have the power to arrested you and lock you up. However, Santa decided to ignore the liaison and spoke to the two men without union representation. Santa was reassured by the two investigators that if he cooperated fully with them he would be out of the TRC in no time and get back to his career. The lead investigator asked Santa why he called the girls Hoes in his classes. Santa said "I did not call them Hoes, I said ho, ho, ho, when I laugh"The investigator writes Santa's response and the lead investigator ask the next question. Why did you put students on your lap? Santa responded "to find out what they wanted for Christmas. I am Santa Claus and this is what I do". The next question was do you ask the students about their personal lives? Santa responded "of course I need to know if they are naughty or nice". Many students complained that you were stalking them since you seemed to know about their families when no other teacher did that. Santa responded by saying "it is my business to know everything about the children". The SCI investigators thanked Santa for meeting with them and for his candor in explaining the misunderstandings with the students and that he will be out of the TRC quickly.

Santa left the interview room and told the liaison that everything was resolved and I will be back at my school soon. The liaison told him he hoped he was right but very few people who cooperate with SCI are found innocent. Two months later Santa was summoned to a disciplinary meeting at the Superintendent's office where the DOE "Grinch" gave the SCI report to Santa Claus and his union representative. The SCI report found Santa Claus guilty of sexual misconduct and recommended his termination. The SCI report findings were as follows:

• Verbal sexual abuse - calling female students Hoes
• Sexual harassment - asking them about their personal lives (naughty or nice).
• Sexual touching - putting children on his lap.
• Stalking - following the students around and looking into their families.

To twist the knife even further, SCI is sending their investigation report to the District Attorney for possible criminal prosecution.


Two weeks later the "Warden" called in Santa Claus and handed him a one page letter that said the DOE "Grinch" has terminated Santa Claus for inappropriate behavior as a teacher and since you are not tenured, the DOE has the right to fire you. Have better success in your next career. SCI did keep their promise and Santa Claus is no longer at the TRC. Yes, even Santa Claus could never survive in today's DOE under the true "Grinch", Chancellor Joel Klein and his non educator cronies who impose rules on teachers that don't seem to apply to them.

Last year I wrote about how the DOE was able to get rid of a tenured Santa Claus Here.

My Response To Mayor Bloomberg's Speech On "Rubber Room" Overcrowding, the ATR Crises, And Tenue. Part 3: Tenure

This is the last part of my responses on Mayor Bloomberg's Washington D.C. speech on the "rubber room', ATRs. and tenure. In my previous responses I discussed what Mayor Mike and Chancellor Klein wants to obtain from teachers in exchange for the "City pattern" despite no other union agreeing to "givebacks" for the same "City pattern" Their demands are to fire all "rubber room" teachers, give ATRs a one year time limit, and as for tenure? They want none. What Bloomberg and Klein want is what no self-respecting union can never allow.

Bloomberg and Klein want to use student test scores to determine tenure and the right for principals to layoff teachers as they please rather than seniority. Both proposals require State legislative action to occur and the State teachers union (NYSUT) will never allow this to happen. Moreover, I do anticipate our own union (UFT) will never agree to these outrageous demands anyway. In fact, even the ATR one year time limit is a backdoor attack on tenure and a further reason that our local and State unions will not give one inch on anything that affects tenure.

Any changes to tenure is non-negotiable even if some well meaning bloggers think it is okay to strengthen tenure provisions. I might even agree with a blogger that a strengthened tenure process for "newbie teachers", with reasonable benchmarks, might actually work better than allowing principals to make tenure decisions based upon their likes or dislikes. However, any change to the tenure process, no matter how well meaning and fair, put the tenure issue on a slippery slope for more and significant erosion of teacher tenure rights. Remember, Tweed not only wants to reduce retiree health benefits and pension costs but to encourage senior teachers to resign by making the classroom an unceasingly hostile work environment. Therefore, there should be no retreat on the tenure issue. The same goes for the seniority issue where many principals would jettison senior teachers in a moment if they could pick or choose who gets laid off. For the DOE and their principals it is not what is best for the students it is about their control and budget or I know it as "education on the cheap".

When it comes to the tenure issue, I agree with our union that this issue is non-negotiable and no change in the tenure process is possible since it will lead for demands for further and more serious attacks on teacher tenure in future contracts.

My Response To Mayor Bloomberg's Speech On The "Rubber Room" Overcrowding, The ATR Crises, And Tenure Part 2: The ATR Crises

The ATR crises was created by Chancellor Joel Klein and his non-educator cronies in a futile attempt to force highly paid senior teachers out of the system. I would like to say our union played no part in the ATR crises but they did when they not only gave up the seniority transfer system but allowed the DOE to ignore excessed teachers and encourage principals to hire lower paid "newbie teachers" who had no classroom experience instead. In fact, I complained years ago that our union actually encouraged the recruitment over retention policy by the DOE by buying into new teacher initiatives such as subsidized mortgages and apartments for the "newbie teachers". By contrast, no such programs were available to experienced teachers who struggled to provide their families with affordable housing and a decent salary in our high cost of living region. In fact, the terrible 2005 contract gave the most benefit to the "newbie teachers" by dramatically raising their salaries at the expense of the experienced teacher. However, the legacy of the 2005 contract was an explosion of ATRs, many of them senior teachers with a long resume of outstanding service.

Since 2003 Bloomberg and Klein have started a crusade to try to close schools and replace them with smaller themed or charter schools and this tactic has been very successful. It does not matter that the new schools opened by the DOE do not show any significant progress once the carefully screened first two student classes leave these schools. When the small schools are required to accept ELL, special education, and "at risk" students, the phony academic progress in the first two years of the school's existence disappears. The long-term result of the school closing crusade is an ever increasing excessed teacher population called ATRs. Presently, there are over 1,300 ATRs and with 20 more schools closing next year and with a 1.5% budget reduction starting in February as well as an additional 2.5% budget reduction next school year(excluding any State education cuts) look for the ATR figure to rise above the 2,000 person mark. Bloomberg & Klein's solution to the ATR crises? Fire them after being an ATR for one school year if they cannot get a permanent classroom position.

Every time the union tries to strike an agreement with the DOE on the ATR problem, the DOE seems to simply ignore the agreement and very few ATRs are given an actual classroom position. Interestingly, there were 1,354 ATRs and 586 vacancies in mid-October with the DOE already granting 125 exemptions. However, despite the deadline passing as of October 31, 2009 the DOE has refused to release how many vacancies were given exemptions and how many ATRs were hired for the vacancies. The only information that was leaked out was that 14 schools had their vacancies taken away from their budget. It will interesting to see when Gotham Schools obtain the numbers and how many vacancies received an exemption. I do suspect that our union does know what happened to the vacancies based upon comments by acting President, Mike (call me Michael) Mulgrew but are not prepared to release them.

The ATR population are dominated by senior teachers who in many cases were not selected by the small schools replacing the closing large school. The reasons are simple, it is about control and the budget, it is not what is best for the children. Many of the new small schools have an inexperienced Principal and a teaching staff of nontenured teachers who may or may not last the school year and more than half of them will not be teaching in the school five years down the road. I call this "children last" because if Bloomberg and Klein really cared about the children, they would demand that the principals hire experienced teachers, with good classroom management skills, a quality teacher, and would require the principals to hire what is best for the students not what is best for them.

Solving the ATR crises is very easy. The DOE must hire excessed teachers in the subject area before "newbie teachers" are hired, no exemptions, waivers, or other excuses. Once this simple measure is implemented, the problem will disappear and the DOE can save 120 million dollars a year. A win-win situation for everybody. Except for the insecure and vindictive Principal and his/her Tweed allies.

My Response To Mayor Bloomberg's Speech On How To Solve the "Rubber Room" Overcrowding, The ATR Crises, & Tenure. Part 1: The "Rubber Room" Problem

We all know how Mayor Bloomberg and Chancellor Joel Klein wants to solve the "rubber room" overcrowding, the ATR crises, and make tenure more difficult. However, their idea is quite different than our union or mine for instance. According to Michael Best, the head of DOE legal services, all teachers accused of incompetence or misconduct will be taken off payroll until their hearings and if found innocent, will get their jobs back. Of course that is unrealistic and violates the State's "due process" law. Therefore, in this post I will tell you how to eliminate the "rubber room" overcrowding back to the pre Bloomberg/Klein era when only teachers subject to criminal or serious sexual issues were removed. During the days before Bloomberg and Klein the amount of teachers removed ranged from 80 to 100 teachers, now the figure is between 600 and 700, a sevenfold increase and costing the DOE 60 million dollars annually.

Presently, a teacher just needs to piss off a Principal to find that teacher removed to the "rubber room". Since the Principal only has the removed teacher on her budget for sixty days after his removal and if the teacher is older and makes a high salary the temptation to remove the teacher is very real. Even teachers who are subject to OSI and SCI investigations have frivolous charges filed as both investigative agencies start the investigation with the presumption of teacher guilt and the teacher is not given a fair investigation and any innocent or defensive action is interpreted as "proof of guilt". Therefore, to stop the abuse of both the corrupt investigative process and the release of the vast majority of the "rubber room" teachers, I propose the following process.

First, any teacher who is not arrested for criminal or sexual issues could only be removed from his or her assignment after a three person mediation panel, paid for by both the DOE and UFT, interviews the major players, including the accused teacher to determine the seriousness of the charges. If the three person panel agrees that the charges are both real and serious. Then and only then can the DOE remove the teacher from the school. If the three person panel decides that the charges have been embellished, distorted, perverted, or false and does not raise to the level of serious. The Principal can only give the teacher a letter to his or her file. This would limit the "rubber rooms" to the serious cases.

Second, to ensure a fair investigation, a UFT assigned investigator will work with the DOE investigative agencies to determine the extend of the alleged teacher misconduct. The UFT assigned investigator will sit in on all witness interviews and will write their own report. If the UFT assigned investigator report is at odds with the DOE investigation report, both reports will be given to the three member panel as evidence for determining the level of seriousness of the charge and the removal of the teacher to the "rubber room".

Finally, the three member panel can also recommend action be taken for administrative misconduct when it is discovered that the charges against the teacher are bogus, discriminatory, or greatly exaggerated. Fines against the administrators can be issued when the three member panel determines such administrative misconduct.

While some of you may disagree on my recommendations. It is certainly a first step to bring real sanity into the "rubber room" process.

Michael Mulgrew, You Talk A Good Game. However, I Am Still Waiting For Real Action By The Union

I was impressed with the tone of our acting President's letter to his members and his responses to Michael Bloomberg's onslaught against the teachers union. However, all talk and no action has been the legacy of our past President which has resulted in Mayor Bloomberg and Chancellor Klein riding roughshod over the teachers union this decade.

Over the last decade we have given up some of our "due process" rights in disciplinary hearings, seniority transfers, the right to file grievances, classroom independence, gave up a professional period, and the increase in the school day for a 43% increase in pay. This averages out to be a 4.3% annual increase for the decade which is below the decade inflation rate of 4.5%. Is it any wonder that I am suspicious of all the rhetoric that comes out from our union President? If Mike (call me Michael) Mulgrew wants me to support the current union leadership, here is the actions I expect him to implement.

• File PERB complaints against the PINI principals that the New York Teacher complains about but does nothing to stop it. The DOE will wary of wasting money defending these undependable and vindictive principals and take steps to stop the abuse.
  

• Start an age discrimination lawsuit against the City and Tweed that has resulted in the ATR crises and overcrowded "rubber rooms".

• Require independent and fair investigations of alleged teacher misconduct. This is especially true for Chapter Leaders. Presently, the investigations process is biased against the teacher and this must change.
  

• Demand and obtain takebacks and no more givebacks in the next contract. Some of the takebacks should include but not be limited to: Allowing grievances for letters to the file, elimination of circular six, and no hiring of teachers until excessed teachers in the subject area are placed.

Mr. Mulgrew if you want my vote, then let's see some concrete action. Nothing less will do.

Bloomberg & Klein's "Final Solution" - The Extermination Of The Large Traditional High Schools

There is no longer any pretense on what Mayor Michael Bloomberg and Chancellor Joel Klein wants to do with the large traditional high schools in New York City. They have targeted them for extermination and use the space for small and possible charter schools. In turn, there will be hundreds of additional ATRs added to the ATR ranks, many of them senior teachers as the replacement schools only hire the young, cheap, and nontenured teachers. The media rags, the New York Post & Daily News will rant about the over 200 million dollars the DOE must pay for the over 2,000 ATRs and demand a time limit. Meanwhile, our union will remain defensive and hunker down and hope the bad press will go away.

What about the children? Bloomberg & Klein do not care about the children. For them it is "education on the cheap" and "blame the teacher" for the administrative mismanagement of the schools. Since I am familiar with Queens, let's see how Tweed caused this mess in the first place and the falling of the dominoes associated with the closing of the large traditional high schools..


Years ago under Joel Klein's tenure, Tweed closed down four large traditional high schools in southern Queens. August Martin, Far Rockaway, Springfield Gardens, and Franklin K. Lane . The small schools that replaced these closed schools were allowed to exclude English Language Learners and Special education students for the first couple of years, Moreover, the schools worked hard to discourage level one students with behavioral or attendance problems from selecting their schools by claiming to the parents that their school could not provide the services to help their child and that the large traditional high school would be a better choice. The result was that schools like Beach Channel high school received an influx of these low achieving students once slated to go to Far Rockaway high school. The same happened to Jamaica high school as these very same low achieving students from Springfield Gardens & August Martin high schools ended up at Jamaica high school. The result was a destabilization of both schools who are now slated for closing. Now what happens to these low achieving students who would normally go to both schools? Well if I was a staff member of John Adams, Richmond Hill, Martin Van Buren, and Hillcrest high schools, look for your schools to be destabilized and slated for closing in the next year or two and be welcomed to the ever expanding ATR ranks.

It is time for our union to stand up for these schools and fight tooth and nail to stop Tweed from closing these or any other schools without "just cause" and organize political and parent support to get rid of Chancellor Joel Klein and his non-educators at Tweed who are destroying the New York City Public School System. We are supposed to be a powerful union. How about using this power for once?

Shame On Tweed For Closing Down Jamaica High School - Shame, Shame, Shame

It has finally happened! Chancellor Joel Klein and his non-educator flunkies at Tweed have finally succeeded in destroying one of the great schools in New York City with a century long history, Jamaica High School. It was as recently as 1985 that the Federal Department Of Education ranked Jamaica High School the #1 secondary school in the nation. Yesterday the DOE formally announced the closing of Jamaica High School after they setup the school for failure. Under Joel Klein's awful stewardship and his anti-large school stance, the school suffered from terrible decision making by past and present school leaders in and out of the school that resulted in an exodus of both quality students & teachers, poor and inept leadership at the school, starved it for funds, was treated as an "impact school" by the City in 2005, found itself unfairly placed on the State's "most dangerous schools list" in 2007, and encouraged students to transfer out of the school or discouraged perspective students from selecting the school in the first place. The result was a school that was underpopulated while having large class sizes and only receiving the bottom feeders of the student body.

The closing of Jamaica High School was no great surprise to many who watched helplessly as Tweed dismantled the school step by step. I previously wrote about what the DOE was doing to the school Here, Here, Here, Here, and Here. Still, it was shocking that Tweed ignores the community and student body and goes on their merry way to destroy the traditional large high schools while lobbying for small or Charter schools to replace them. How ridiculous is it that nearby schools like Francis Lewis is bursting at the seams while Jamaica High School can't attract enough students to fill the school.

Despite repeated pleas by the community to allocate the necessary funds to help the school, Tweed instead placed a specialized school in the building in 2008 and made no effort to encourage students in nearby overcrowded schools to transfer to Jamaica. Furthermore, Tweed penalized Jamaica High School by cutting their budget and starving the school for funds.

Jamaica High School was one of the great high schools in the nation and because of Mayor Mike and Chancellor Klein, a 117 year history of accomplishment will disappear. The closing of Jamaica High School is a great loss for the City's culture and community pride. Shame on Tweed for what they are doing. Shame, shame, shame.

P.S. Where will the "at risk"students go with Jamaica High School closing? How about Thomas Edison, Martin Van Buren, Hillcrest, Forest Hills, Richmond Hill, John Adams, & John Bowne? Yes these schools will be next in the slowly spreading plaque of destroying the large high schools in Queens.