Tuesday, May 24, 2016
Why Can't A Teacher Grieve A Developing Rating?
A very disturbing trend is happening, some teachers rated "developing" are still being charged with incompetence under 3020-a and must defend themselves at a termination hearing. You heard me right, two consecutive "developing" ratings or one "developing" and one "ineffective" rating can land a teacher with 3020-a termination charges for incompetence. Our union has constantly told the members that only two consecutive "ineffective" ratings could lead to 3020-a termination charges. However, I guess our disconnected union leadership forgot to tell the DOE that and the DOE has proceeded with filing 3020-a incompetencecharges against teachers who had "developing" rating(s). While the burden of proof is still on the DOE, the present arbitrators have been giving the DOE more severe awards, including termination.
Since the current teacher evaluation system does not allow for an appeal of a "developing" rating, can't the teacher file a grievance as a "Special Complaint" (Article 20 in the contract)? The short answer is yes they can/ However, the problem is that the union must approve the grievance and my understanding is that the union has no intention of allowing such a grievance and taking the City to court is time consuming and expensive for the teacher. Moreover, its quite likely such a court case may be stopped until the teacher exhausted his or her union protections, meaning the grievance procedures, adding more time and money before a decision is rendered..
Presently, there are only a handful of these cases (see the ICEUFT blog) but as more teachers who get "developing" rates find themselves under 3020-a incompetence charges and be terminated, the DOE will be empowered to go after even more teachers, especially the veteran teachers so they can be replaced by Tier VI "newbies" who are cheaper and will never last long enough to get a pension or retiree health benefits.
This is just another example of our disconnected union leadership not telling us the truth about what the DOE intends to do to our veteran teachers.