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Friday, September 28, 2012

UFT Grievance Helps ATRs....And I Have Bridge To Sell You

Grievance settlement gives protections to teachers in excess

Mike Mulgrew
The recent settlement of a union-initiated grievance provides stronger protections for teachers serving in the Absent Teacher Reserve pool and new provisions governing their assignments.
UFT President Michael Mulgrew noted in announcing the settlement that it would save the city millions of dollars and keep experienced teachers in the classroom where they belong.
The union filed the grievance on behalf of all members who have been placed in excess once it was confirmed that principals were failing to comply with or simply ignoring the June 2011 agreement that made changes to how teachers in the ATR pool are deployed.
Under the settlement, principals have been instructed that they must use members from the excess pool and not per-diem substitutes to fill leaves, long-term absences — now defined as longer than 29 workdays — and vacancies. Teachers in excess filling these positions cannot be rotated week-to-week unless the principal requests a change.
In the week-to-week rotations, early childhood-licensed teachers can no longer be sent to junior high schools and junior high school-licensed teachers cannot be sent to elementary schools to fill early childhood positions. But junior high school teachers can be sent to elementary schools to fill common-branch assignments.
From now on, members in excess in the Brooklyn and Staten Island High School District (BASIS) can be assigned to schools only in the same borough as the school from which they were excessed.
Under the settlement, members in excess who agree to be provisionally hired must be treated the same as all other school employees. At the end of the school year, if the member wants to remain at the school and the principal agrees, the member will take his or her rightful place in seniority order. Both the provisional hire agreement and the agreement to make the assignment permanent must be in writing.
Both the original 2011 agreement and the new provisions and stronger protections will be monitored by a strengthened Joint Oversight Committee charged with resolving any infractions as they arise. If a problem cannot be resolved, the member now has the right to grieve.
Teachers in the ATR pool, who have been forced to leave their schools because of declining enrollments or school closings, have always had the full support of the union. Mulgrew has long pressed the Department Of Education to use teachers who have been excessed to fill long-term leaves and absences as both a contractual obligation and a prudent way to save money.
“By living up to its agreement and using these experienced teachers in the ATR pool instead of hiring outside substitutes, the city will not only save millions of dollars but kids will continue to have great teachers in their classrooms every day,” he said.

How To File Freedom of Information (FOIL) Requests To The NYC Dept of Education

How To File Freedom of Information (FOIL) Requests To The NYC Dept of Education

Many years ago I posted on my website two model FOIL request and appeal letters, which can be emailed to either Joseph A. Baranello, Esq., the Central Records Access Officer, or to Hon. Chancellor Dennis M. Walcott and Courtenaye Jackson-Chase, Esq., the Records Appeals Officers (as appropriate) at Tweed.  At that time, Susan W. Holtzman, Esq., was in charge of FOIL requests, doing her best to delay, deny or destroy requests she didn't like.  (Ms. Holtzman now works as the Attorney for District 75, and does the same thing for Individualized Education Plans and teachers' records.) I am updating the article here, and am including the email addresses: 

2 Model FOIL Letters: Request For Records, and Appeal of Denial

Here's how to request records from NYCDOE under FOIL:

Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number
(optional) E-MAIL: ___________

Date

Joseph A. Baranello, Esq.
Central Records Access Officer
Office of Legal Services
New York City Department of Education
52 Chambers Street
New York, NY 10007




Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to:

__________________ (attempt to identify the records in which you are interested as clearly as possible -- time periods -- names of people or offices suspected to have the records, etc. -- It is suggested that you use the format of an individually numbered or lettered list of categories).

If there are any fees for copying the records requested, please inform me before filling the request (or: . . . please supply the records without informing me if the fees are not in excess of $____).

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Sincerely,

Signature

Typed Name (RETAIN 3 PHOTOCOPIES)



Here's how to appeal a denial of access (within 30 days of the date of denial) to NYCDOE records under FOIL:

Your Name
Your Return Address
City, State, zip
(optional) VOICE: (area code) number
(optional) FAX: (area code) number

(optional) E-MAIL: ___________

Date

Hon. Chancellor Dennis M. Walcott
Records Appeals Officer
Office of the Chancellor
New York City Department of Education
52 Chambers Street
New York, NY 10007

DMWalcott@schools.nyc.gov

Courtenaye Jackson-Chase, Esq.
Records Appeals Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007

CJackson-Chase@schools.nyc.gov

Dear Chancellor Walcott and Ms. Jackson-Chase:

I hereby appeal the denial of access regarding my Freedom of Information Law request, which was made on __________ (date) and sent to Mr. Joseph Baranello, the Central Records Access Officer.

USE THE FOLLOWING SENTENCE IF MR. BARANELLO (OR ANYONE ELSE) CITED STATUTORY REASONS FOR DENIAL:

The records that were denied include:_______________ (enumerate the records that were denied).

OR USE THE FOLLOWING SENTENCE AFTER HAVING WAITED TWO TO THREE WEEKS, BUT NOT HEARING FROM MR. BARANELLO:

I have received neither a substantive response, nor a letter of acknowledgment of receipt of my request. Therefore, I consider access to have been constructively denied.

THIS NEXT SENTENCE IS OPTIONAL:

For your convenience, I have attached a copy of my letter of request (AND, IF APPLICABLE) and a copy of Mr. Joseph Baranello's (OR OTHER PERSON'S) letter of denial.

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.

In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.

Sincerely,

Signature

Typed Name (RETAIN 3 PHOTOCOPIES)