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Tuesday, July 26, 2016

Job Posted For Attorney To Work At the Teacher Performance Unit

Somebody out there looking to prosecute "bad" teachers at 3020-a hearings?

Attorney – Teacher Performance Unit

    New York City, NY, USPosted 6 days ago

    Apply to New York City Department of Education . on their website

    Job description

    (Those who previously applied need not re-apply)
    Position summary: Under the direction of the Office of the General Counsel, with wide latitude for independent action, the Teacher Performance Unit Litigation Attorney serves as a legal representative of the Chancellor, performing sophisticated legal work on disciplinary matters and providing training and counsel to school leaders. This team of attorneys will be assigned to handle special disciplinary proceedings as part of a teacher quality initiative and will have the opportunity to work on key policy initiatives in conjunction with the Office of Labor Policy. Performs related work.

    Reports to: Executive Deputy Counsel

    Direct Reports: N/A

    Key Relationships: Acts as liaison to executives within the Department and to members of other City agencies.

    Responsibilities
    • Handles legal issues and cases including recommendations concerning determining the soundness of charges, preparing specification of charges, coordinating the gathering of evidence, and briefing witnesses.
    • Manages legal cases that are complex and high-profile in nature.
    • Represents the New York City Department in Education on Law 3020-A proceedings and hearings pursuant to Section 75 of the Civil Service Law.
    • As part of a team of attorneys, helps devise strategies for providing improved support and training to school leaders around evaluation and discipline, and for spurring the improvement or removal of poor performers.
    • Provides support, counsel and training to Superintendents, Principals, and their designees on disciplinary procedures, with an emphasis on documenting incompetence and poor performance.

    Qualification Requirements
    Minimum
    Admission to the New York State Bar AND three (3) years of progressively responsible United States legal experience subsequent to admission to any state bar.

    Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

    Preferred
    • Minimum three (3) years litigation experience.
    • Excellent research, analytical and communication skills.
    • Ability to rapidly learn provisions of applicable law and regulations.
    • Ability to write clearly and concisely.

    Salary: $85,000+

    Please include a resume and cover letter with your application.
    Applications will be accepted until position is filled.
    NOTE: The filling of all positions is subject to budget availability and/or grant funding.
    AN EQUAL OPPORTUNITY EMPLOYER
    It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, national origin, alienage and citizenship status, age, marital status, disability, prior record of arrest or conviction (except as provided by law), sexual orientation, gender (sex), and to maintain an environment free of discriminatory harassment, including sexual harassment, or retaliation as required by civil rights law. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO

    Resign Too Early For Retroactive Pay? Too Bad, You are Out of Luck. Sorry. Morton v Mulgrew

    I am re-posting here the case of Morton V Mulgrew which I originally posted on January 29, 2016, because I am asked so many times how educators forced to resign, can get their retro-active pay under the new UFT MOA.

    You can't.

    Decision (2015) in Morton v Mulgrew Concerning UFT Members Who Resigned After Nov. 1, 2011 and Were Denied Their Rights in the New UFT MOA

    January 29, 2016
    Dianna Morton

    One of the many things I never understood, is how NYSUT lawyers get away with screaming and yelling at  tenured teachers (UFT members) charged with 3020-a, to get them to "irrevocably" resign.

    Too many people have reported to me these tactics.

    MY OPINION - and remember, this is my opinion - is that NYSUT lawyers know that each and every case brought to 3020-a has so many procedural and substantive errors that the best way to get the tenured teacher out of getting the UFT and DOE into trouble is by forcing the charged educator into signing a Stipulation of Settlement that gets rid of him/her permanently, and also prohibits the educator from ever suing the DOE for any reason up to the date of signing.

    NYSUT does this, knowing that a resignation will stop the charged employee/UFT member from getting the retro-active pay due. This is deliberate malfeasance. However, according to Judge Mills, no one can sue for this:

    Decision (2015) in Morton v Mulgrew Concerning UFT Members Who Resigned After Nov. 1, 2011 and Were Denied Their Rights in the New UFT MOA

    January 29, 2016


    Can a teacher who left the DOE before the date set in the UFT contract to obtain retroactive pay maintain a class action against the union based on the union’s failure to represent this group of teachers fairly?

    by edlawfaqs
    No. Under the terms of the Memorandum of Agreement (the Collective Bargaining Agreement) entered into between the UFT and the DOE provisions were made for retirees and currently employed teachers to obtain retroactive pay for the period between the last day of the previous contract in 2009 and the new agreement. No provision was made for teachers who resigned during this period and were not actively employed on the contract date.
    Four teachers who neither retired nor were terminated but resigned their positions during this period sought to maintain a class action against the union for its breach of its duty of fair representation.
    Donna Mills, Justice of the New York Supreme Court, found that the teachers had no legal basis to maintain the case in State court but rather the teachers had a right to maintain an improper practice charge, under the Taylor Law, before PERB.
    N.B. Given PERB's short statute of limitations it is doubtful whether the teachers could maintain such a proceeding in PERB.
    edlawfaqs | July 26, 2016 at 11:59 am 




    Saturday, July 23, 2016

    New York State Gives Out-Of-State Teachers a Chance To Teach in the State, Faster


    Kinda makes you think that this rush to bring in more teachers from outside of New York State
    was pre-planned to resolve the problem of getting rid of too many teachers........

    Betsy Combier
    betsy.combier@gmail.com
    Editor, NYC Rubber Room Reporter
    Editor, Parentadvocates.org
    Editor, New York Court Corruption
    Editor, National Public Voice
    Editor, The NYC Public Voice

    Amid teacher shortage, New York amends rules to attract 
    out-of-state candidates
    LINK
    By Christy Landry-Pitcher Jul. 12, 2016
    ALBANY, N.Y. - Faced with a teacher shortage, New York education leaders are making it easier for out-of-state teachers to work in the state.
    The policy-making Board of Regents on Monday amended rules so that experienced teachers certified elsewhere who meet citizenship and training requirements can qualify for an initial certificate in New York state.

    Education Commissioner MaryEllen Elia says the changes will help ease the teacher shortage while upholding high standards.


    The changes also apply for certified school leaders.
    "New York’s teaching shortage is real,” said Board of Regents Chancellor Betty A. Rosa. “In some areas the shortage is severe, and it will continue to get worse if we don’t do something about it. I am confident that today’s action by the Board will encourage well-qualified, out-of-state teachers and leaders to share their skills and knowledge in New York’s schools and school districts – and that’s good news for our students.”
    “Too many communities are unable to find qualified candidates to teach their students and run their schools and school districts,” said State Education Commissioner MaryEllen Elia. “The rules adopted by the Regents today will help ease New York’s teacher shortage while upholding the highest standards for entry into the profession.”
    The amendment makes three significant changes to New York’s out-of-state endorsement provisions:
    Candidates certified as a school district leader or school district business leader seeking to qualify for certification in New York will now be required to have three or more years of experience teaching in the subject area of their valid certificate or acting as a school building leader or school district or school district business leader within the five years immediately preceding their application for endorsement; prior rules required the three years of experience to have occurred within the preceding 10 years.
    Endorsement candidates will now be required to provide satisfactory documentation that they received evaluation ratings of “effective” or “highly effective” (or the substantial equivalent of such ratings) in their three most recent years of experience in a public school.
    Certified out-of-state teachers and leaders who have demonstrated effective experience in the certificate title sought will no longer be required to take and pass New York’s certification examinations.
    Under the new criteria, the Commissioner will endorse the out-of-state certificate (or equivalent authorization) and issue an initial certificate to practice in New York to individuals with the following qualifications:
    Certified teachers from another U.S. State or territory may qualify for an initial certificate in New York if they meet the following requirements:
    Have a valid teaching certificate that is equivalent to the title and type of the certificate sought and has no limits or restrictions;
    Meet New York’s general certificate requirements, including citizenship, training related to child abuse identification/reporting, school violence prevention/intervention, harassment, bullying and discrimination prevention/intervention, and a criminal history check;
    Have at least three years of satisfactory experience in a public school in a position requiring an initial or professional certificate within five years preceding the application date or equivalent experience; and have had effective or higher evaluation ratings in the three most recent years of employment; and
    Hold a bachelor’s degree or higher from a regionally accredited institution or higher education institution that the Commissioner deems substantially equivalent, with a 2.5 cumulative GPA or higher in the program leading to the degree.
    Certified school district leaders, school district business leaders, and school building leaders from another U.S. State or territory may qualify for a school district, district business, or building leader certificate in New York if they meet the following requirements:
    Have a valid school district/district business/building leader certificate that is equivalent to the title and type of certificate sought and that has no limits or restrictions;
    Meet New York’s general certificate requirements, including citizenship, training related to child abuse identification/reporting, school violence prevention/intervention, harassment, bullying and discrimination prevention/intervention, and a criminal history check;
    Have at least three years of satisfactory experience in a public school in a position requiring an initial or professional certificate within five years preceding the application date or equivalent experience; and have had effective or higher evaluation ratings in the three most recent years of employment; and
    Hold a master’s degree or higher from a regionally accredited institution or equivalently approved higher education institution as determined by the Department, with a 2.5 cumulative GPA or higher.
    The amendment adds an endorsement pathway for school building leaders. Previously, no such out-of-state endorsement pathway existed for school building leaders.
    For more education news, visit http://www.wktv.com/news/education

    - See more at: http://www.wktv.com/news/education/Amid_teacher_shortage_New_York_amends_rules_to_attract_out-of-state_teachers_.html#sthash.H5JKQWuh.dpuf

    Wednesday, July 20, 2016

    Off The Page Education Produces Plays Which Deals With Current Events

    I believe in theater arts and the arts in any form to enhance education, create inspiration, and teach tolerance.

    I applaud this group Off The Page Education!

    Betsy Combier
    President, Theater Kids DBA ADVOCATZ
    betsy.combier@gmail.com
    Editor, NYC Rubber Room Reporter
    Editor, Parentadvocates.org
    Editor, New York Court Corruption
    Editor, National Public Voice
    Editor, The NYC Public Voice

    Teens are Tackling Racism by Staging a Play About Police Brutality

    LINK
    By Amy Zimmer | July 19, 2016 1:24pm


    New York City students at a rehearsal for Off the Page Education's All American

    PARK SLOPE — Shaqur Williams still feels raw about the time police officers confronted him about a block away from his Bedford-Stuyvesant home.
    He said the officers, who demanded to know if he had drugs on him or knew where to buy them, approached him as he was walking home two summers ago.
    “I’m lucky enough to have gone home without being hurt,” said Shaqur, now 17 years old.
    Williams is now channeling his anger into art, working on a play about police brutality with teaching artists from Off the Page Education.
    They’ve adapted the young adult novel, "All American Boys," which tells the story of a black teen, Rashad, whose violent arrest is captured on video that goes viral, and the story of white teen, Quinn, who grapples with speaking out after witnessing the beating by an officer, who is a family friend.
    The immersive, site-specific piece will be performed by a racially diverse group of public school students, who auditioned for the parts from around the city, alongside professional adult actors, from July 25 – 30, in and around Park Slope’s M.S. 51 and Washington Park.

    Shaqur Williams, second from right 


    When Off the Page’s co-directors Jody Drezner Alperin and Vicky Finney Crouch contacted the book’s authors about the project in January, they knew the young people they work with in the city’s schools were grappling with the deaths of Trayvon Martin, Michael Brown and Eric Garner, among others, at the hands of police.
    The show took on even more resonance the week rehearsal started, when Alton Sterling and Philando Castile were shot and killed by police — then five officers were shot and killed at a protest against police killings in Dallas. Then, last week, another three officers were killed in Baton Rouge, Louisiana.
    The teens in the cast have been talking about what’s happening, and they’re talking about race — openly, honestly and often.
    Drezner Alperin wants the students to engage with each other on the difficult topic of racism, she said, but the group sets certain rules, like you can only speak your “truth” and not someone else’s.
    After a conversation, she added, “You have to accept there might not be closure.”
    Harry Seabrook, a senior at LaGuardia High School of Music & Art and Performing Arts, who plays Quinn, said talking about race — especially with kids from other races — was rare, but it has become increasingly normal among this group of budding actors.
    On the first day, in particular, there was a “heavy racial discussion” where black students talked about their run-ins with police while he shared a story about a fairly innocuous time he was stopped over a MetroCard.
    After sharing, he thought he made a gaffe what would divide the cast.
    “I thought that would be it,” he recounted. “It’s going to be black kids sitting with black kids and white kids sitting with white kids, but that didn’t happen.”
    That, however, didn’t happen. Instead the conversations continued.
    “I didn’t realize you could have these discussions [about racism],” Harry said. “It’s like people, who can see, trying to describe colors to people who are blind: White people just don’t see this stuff. They can’t.”

    Harry Seabrook, right

                                        
    He already feels like his horizons have broadened. “I feel sort of like Quinn,” he said of his character. “If society wants to tell us that white people have all the power, still, in this country, like they say in Spider-Man, with great power comes great responsibility. We’re the ones who have power. We’ve got to change it too.”
    Tahj Smith, who plays Rashad, recently graduated high school fromNEST+M, a gifted and talented program on the Lower East Side, which had a lot of “different types of people,” he said, but they usually only mixed during artistic endeavors, like his comedy troupe or in plays.
    “Anything that has to do with art was always diverse because art has no boundaries and art doesn’t discriminate,” said Smith, who signed onto the project after reading by the “powerful” book.
    He especially liked how the directors told him they didn’t want this to be a play that would simply allow white people to say, “Oh, I saw a play about race,” but offered something deeper.
    “It’s an intense subject,” acknowledged co-director Finney Crouch.
    “It’s kind of refreshing to do political theater, especially with young people,” she added. “They don’t get to do this because I think people feel that it’s too hard and the subject matter is too difficult and they can’t handle it and we should protect children from the outside world.
    “But we shouldn’t because they have this world,” she continued. “It’s their world.”
    Sam Dhobhany, a former M.S. 51 student in the show, hopes the play will help convince the audience to keep pushing for change.
    “All of these incidents have been happening, and people are, like, giving up, like what can we do?” he said. “We need to do everything in our power to prevent these issues, and we’re not going to back down from this fight we’re facing until we see a change.”
    Schools Chancellor Carmen Fariña last week wrote a letter to educators and families that it was incumbent on them to discuss these challenging issues and create "a safe space" for students to do so.
    “I strongly believe that as New York City educators and parents, we have a moral obligation to address the difficult questions about race, violence, and guns, and to engage students in the critical work of healing our country,” Fariña wrote, as first reported by Chalkbeat. “We must not avoid these tough conversations—they are necessary if we hope to build a just society for all.”
    "All American Boys" will run from July 25-30 at M.S. 51 and Washington Park in Park Slope. It's presented by Off the Page Education, which is in residence this summer at Piper Theatre Productions.  The event is free, with a suggested donation of $5, but space is limited. Tickets can be reserved online.  There’s “talk back” open to the community on July 25 at the Old Stone House with the cast and crew, Brooklyn Borough President Eric Adams and the book’s authors Jason Reynolds and Brendan Kiely.

    Sunday, July 17, 2016

    MS 226 Principal Rushell White Key Words: Making the School Look Good Through Discrimination, Retaliation, and Harassment

    Thanks to former and present educators at the school, some of whom must remain nameless for the time being, and all those former staff members at MS 226 - Zev Angelou, Paul March, Claudia Bethea, Francine Davis, and to the two teachers who hired me to be the paralegal for their 3020-a cases, thank you.
    David Possner
    I am fascinated by this story because it has so many elements of wrongness.

    Please see my other articles on MS 226 and Rushell White and her crew:

    Why is JHS 226 Principal Rushell White Still in Her Position Despite Documented Wrong-Doing? (March 19, 2016)




    I am completely shocked by the arrogance of immunity I have seen from Rushell White and her cloned, dedicated-to-her-dominance APs, minus one, David Possner. David has bravely stood up against her abuse and harassment of staff, and welcomed the media who can, and have published, the acts of abuse of students and discrimination which will, I guarantee, will be the undoing of Rushell White. Ms. White, we know now, orders her subordinates to observe her teachers and rate them "Developing" or "Ineffective" (basically the same thing) no matter what the teacher does in the classroom. The ratings given for the observations - which are 95% of the 60% of the HEDI - determine your end of year APPR, and under Rushell White's control, all ratings are not truthful and not based on the performance or merits of the teaching. Rushell tells her APs to rate her staff according to whether or not she likes the person or not. And, if you dare to challenge Rushell White, you know that you will pay dearly for the insubordination.

    Take the fire incident on June 6, 2014.
    The picture at left is of a hallway outside of a classroom on June 6, 2014, after AP David Possner put out a real fire. The entire school was evacuated except for one classroom. The fire department showed up, the fire alarms had gone off, but AP Jennifer Shirley had been told by Rushell White to do an observation, so Ms. Shirley ignored the alarm, and refused to allow the teacher or the children to leave the classroom. Shirley told everyone that she was so afraid of what could happen to her later if Ms. White found out she had not finished the observation, that she forced all the students and the teacher to continue, as if there were no alarms going off. Shirley told everyone to sit back down during the fire drill. She finished the observation after she turned off her walkie-talkie. They all found out later that there had been a real fire. The teacher sent text messages to the staff asking why she was not allowed to leave.

    That's how much fear exists at MS226....enough to harm the children and staff.

    Then there is a chapter leader who reported Rushell White for causing  sixth grade teachers to cheat on the exam.
     That was in the newspaper, and  Ms. White was very upset about that. So she started giving the CL unsatisfactory ratings and writing him up, and it came to a head with the Union and their making a deal where he would be moved to another relocation, because he had three years left before he could retire. The deal was that he could work the rest of his time at the DOE in another school, but he would remain on Ms. White's payroll. He was being harassed by Ms.White too badly for him to stay at MS 226.

    In 2013-2014 Rushell White was putting 40-60 students in the SAVE room on a daily basis. Zev testified that as only a substitute teacher was in the room, no one wanted to go in there, it just was not safe. Zev testified about the discipline policy that does not exist:

    And she said
    "we've had no fights. And I said, Ms. White, I was punched repeatedly in a hallway. How could you say there were no fights? Me personally that you never reported. That was reported to Ms. White, Ms. Cohen, Ms. Shirley, and Ms. Adams. They never reported it.
    That was stated at a meeting when I was with my District rep., when I told her I was just punched five times by a student.
    Therefore, that student, I found out later on, wasn't in detention. No one ever called home. We had incidents where I had to report to Ms. White. A child just threw a four and a half inch knife at another student. Blocked it with his bag. And that child was never reprimanded. And not only that, the
    child that almost was killed, they never called his house. All these things are being squashed. All of them. Fights, repeated fights. Violence. Violence against me. Verbal abuse. None of these things are being reported. How can a teacher conduct a
    classroom confidently and securely if they're feeling like they're not in a hostile environment when there's nothing being done? Again, I have, again, --
    [00:01] environment leads to people having problems in the classroom."

    When asked why she kept my client in her full teaching schedule - never suspended with pay (rubber roomed) - until the end of the school year June 30 2016, way after her 3020-a hearing was finished, Rushell White testified, words to the effect of "I could not find a replacement". The day after my client was served her charges for 3020-a, AP Michelle Cohen handed her an update on her Teacher Improvement Plan saying she had improved; on the last day of the school year the Peer Validator handed over a rating of "Highly Effective". We do not have a decision yet in the 3020-a.

    In sum, Rushell White is now a liability for the business, the DOE public school system. She has allowed her personal views to intercede in the work of the business, and the reports on her abusive actions toward her staff are out in the public eye. CSA and the DOE have to wait until all the outrage about the mural subsides, so that they dont have to be embarrassed by their mistake of recently putting Rushell White on the CSA Executive Board. The DOE hates when any event or person makes them look bad. She must go.

     David was subpoenaed by the DOE to come in to the 3020-s for my client, a teacher still teaching her regular full schedule, and he was nervous about speaking about Rushell White and her actions. So we gave him a subpoena to come in for us. Then he talked. He also told me about how the DOE attorney in this case, Gotcha Squad member Ian Nikol, one of the most verbally insulting attorneys I

    Naeemah Lamont, Ian Nikol, Rishonna Fleishman
    have ever heard during my 13 years in 3020-a hearings, arranged for Ms. White and all the APs - including David Possner - to meet together to go over what they would do at the hearing. Ian described me as a blogger, and I should be totally ignored while in the hearing room. He told the group that I knew all about the DOE and everything they do, so watch out. Thanks Ian!!! I am honored by your compliment. Ian left the DOE or was fired during the hearing, and we were given a new DOE attorney as his replacement. Good luck on your new assignment at the Department of Corrections. We will miss you (I honestly do not mean that).

    Zev Angelou, the former chapter leader, came in to testify looking like Harrison Ford in the movie Indiana Jones. He was magnificent, testifying that Rushell White is "a pathological liar" who forces her APs to rate teachers as ineffective for no reason, or their jobs as APs are on the line. Rushell White makes up things as she goes, and is very vindictive. He transferred to another school. His new school is very lucky to have him, in my opinion.

    I spoke at length with Francine Davis, a teacher for almost 49 years and who retired in time to save her pristine, stellar record. She told me that Rushell White was desperate to get into the "Principal's Society" at CSA, and told Fran,  and several others that Rushell had paid for them to attend an event put on by the CSA for potential nominees. They went, and were stopped at the door where they were told that the $84.00 per person was not paid, and they had to leave. After this, Fran was accused of stealing state tests. AP Jennifer Shirley was in charge of the testing. Fran was found to be not guilty of the charge, but the damage was done. Fran retired.

    Claudia Bethea, the parent coordinator, always took her job seriously. She was there for the kids. She paid for prom clothes, and she told the truth. She was fired by Rushell White who knew that Claudia and Fran were friends. Claudia told me that Ms. White said to her:
    "You are worthless...Jamaican people  [Rushell White is Jamaican] are better than black people...Jamaican people spell better and speak better than black people". [Claudia Bethea is 'black'].

    I usually get between 4-9 witnesses to testify for the Respondent, but several people who initially spoke with me backed out from coming to the 3020-a, despite the fact that they were given subpoenas. So, we asked the Arbitrator, Michael Capone, to please stop Rushell White from retaliating against anyone at MS 226 who testified in our case against her:


    Then, a few days after David gave his outstanding information about how Rushell treats her staff, he saw that a mural had been painted and placed onto the wall of Ms 226:


    I'm sure that you can see Ms. White with her 6 arms, impersonating a Hindu goddess, and David Possner peeking out of the curtain on the right. Simply, totally outrageous. But good came of it. The media, namely Ben Chapman of the New York Daily News, did the story, and many religious leaders protested at a rally that Rushell White had to be fired.

    MS 226 Assistant Principal David Possner, who has just been awarded the "A For Accountability Award" by my non-profit, E-Accountability Foundation,  sued in State Court asking to transfer out after Rushell White Called him a "bad" Jew. Transferring would have been the solution to everyone's problem, hers because she dislikes people who do not do whatever hurtful thing she orders, and his, because he knew that he was doing an excellent job for the school but nothing mattered, as Rushell White could only see her hatred for him.

    If a plane suddenly crashed through the roof of the school Rushell White would blame it on David, that's what she does.

    MS 226 Principal Rushell White

    As I wrote in a prior post, Rushell White has the support of City Council Member Ruben Wills, and believes she is untouchable by anyone who does not like her for any reason. Ruben Wills has his own demons.

    Rushell White has, so far, been "getting away with" many actions against staff and students:

    Queens school being investigated for alleged abuse against students

    Queens school eyed for cheating on state exams


    MS 226 Principal Rushell White Calls Assistant Principal David Possner a "Bad Jew"



    EXCLUSIVE: Queens school staff want principal booted for bias toward older teacher, Hindu goddess portrait

    Local business owners say mobs of out of control teens reek havoc everyday after school.
    To understand why the Principal's Union (CSA) and the NYC Department of Education (DOE) allow Rushell White and other principals to  "get away" with abusive acts you first have to change the definition of what a "good" principal is.

    We no longer can call a principal "good" who is warm and fuzzy, treats staff as colleagues, overlooks errors of judgment if no one is harmed, doesn't sweat the small stuff, and values a school environment which is friendly, where life is in balance with the universe. You love going to work in that place.

    Those days are over, at least for now.

    What the reality is now, is that every employee, no matter how excellent, is a cog in a wheel, a member of the assembly line to get the widgets finished in a timely fashion, any way possible. If an employee misses a day at work, that's not good, but misses a friday and/or monday? Intolerable. While the UFT Collective Bargaining Agreement permits 10 days for absences a year, most principals will find a way to put a letter into your file for taking those 10 days, even if you are in surgery in a hospital. Eleven days? That's "excessive", and 3020-a charges can be filed. The business, they say, has suffered. [A good defense is: "how?" "how much?" "what are the numbers?"-ed]

    Harmed on the job? You dont need LODI (line of duty) relief, you need a replacement. You are damaged goods, and possibly a liability for the business, supposedly educating students. You must be terminated. This is why so many people are observed the first day back and given a "U" or "Ineffective". The business of education cannot wait for you or anyone to become well.

    Bereavement? Two days. Five if you are good at arguing for them. Nevertheless, while you are grieving a loss of a loved one, a plot will be created to get rid of you. You are damaged goods and possibly a liability for the business.

    A parent becomes upset because you said/did something horrible to their little angel? Nothing matters except that a parent has complained, and there is no one at any agency who will investigate anything you say. Any facts you have will have to wait for the arbitrator at the 3020-a to which you will be forced into going. The Office of Special Investigations (OSI) does not investigate students, only employees. (I investigate what the facts are, and present at 3020-a! Promise!) . Nonetheless, you should fill out the form to report the incident, but any assaults should also be immediately reported to the police. Do not ask for permission from the principal. Just do it and tell the principal after it is done.

    The principals' job is to get rid of the riffraff - anyone on the staff who messes with the business machine driving the profits, or with graduation for students who never appeared in class. Fudging grades works.

    School principals continue to do whatever helps the business, because they know that they are supported by the CSA and the DOE no matter what they do, as long as the business rolls along in a profitable way. For example: when a staff member becomes "old" - anyone over 40 years of age - a plot is created for getting these people removed, because senior teachers' salaries are high, and thus a burden on the school budget. Unfortunately due to the prohibition for senior teachers to transfer, the only way to get a teacher out of the building is to charge them with 3020-a charges. If the teacher charged receives any penalty (he/she is not totally exonerated), this person will become an ATR, and will not go back to the school at which he/she was charged.

    This automatic "become an ATR" stuff began relatively recently, I asked Attorneys for the DOE doing 3020-a prosecution why this so-called "policy" was absolute. Because, they told me, "that's the way it is". Dont you hate that answer? what does that mean?

    Back at MS 226, all is certainly not ok. Good people are gone.  The next story about another teacher formerly at MS 226 will show the absurdity of the NYC permanent panel of arbitrators. The teacher, Paul March, has quite a story.

    Stay tuned.

    Betsy Combier
    betsy.combier@gmail.com
    Editor, NYC Rubber Room Reporter
    Editor, Parentadvocates.org
    Editor, New York Court Corruption
    Editor, National Public Voice
    Editor, The NYC Public Voice