The Unlawful Randomness of Arbitration in NYC

How does it happen that teachers are being fired for not getting the COVID vaccine, no exceptions?

Oh, I know everyone reading this says "Wait! She is incorrect, teachers can have a hearing on religious exemptions and medical accommodations."

Yes, everyone - we are all right. The arbitration won by the UFT to have the medical and religious exemptions put into place is only as good as its implementation. What happens if the outcome of all hearings on the exemptions for any employee is denied? This is called constructive denial and ends up in the same pile as those applications which were denied without any hearing. Except, a couple of attorneys and arbitrators made some money.

What if...indeed.

Then there is the winning CSEA  (Civil Service Employees Association) Petition filed on behalf of 5,600 members who work in the State's court system, to PERB and the Supreme Court, which has just decided that a mandatory vaccine requirement without proper negotiation is contrary to the rights of the members:

CSEA Wins Improper Practice Charge Against the NYS Unified Court System For Unilateral Imposition of a COVID-19 Vaccine Requirement Without Proper Negotiation

When there is something that just doesn't seem right, there is probably something that isn't right, like employer bias in arbitration.

Just sayin'...

Betsy Combier

President and Founder, ADVOCATZ
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

The Unlawful Randomness of Labor Arbitration 3020-a in New York City

ADVOCATZ, October 17, 2021

From Editor Betsy Combier:

When I started my voluntary study of the compulsory arbitration known as “3020-a” in 2003, I believed right from the start and still do believe, that the procedures used to prosecute the charges violate the accused person’s Due Process rights to a fair and complete hearing. This egregious action is compounded by the biases and lies of the lawyers and their witnesses brought to testify or promote false “evidence” under the color of law. 3020-a arbitrators, one in each case, sit in judgment of a tenured employee of the NYC DOE and can exonerate, fine, suspend from employment without pay or terminate any charged person brought before them. The United Federation of Teachers, their legal adjunct agency NYSUT, and the New York City Department of Education run these hearings in such a way as to deny the charged employee their rights under New York State law. See more

and,

The New York City 3020-a Arbitration "Teacher Trial" Is Based on Fraud | Advocatz

Education Law 3020-a Arbitration Up-Close and Personal: The Case of Teddy Smith

Attendance of Homeless Students Fall in NYC Public Schools

 

Absenteeism from homeless students has increased throughout the COVID-19 pandemic, according to Advocates for Children of New York.

Getty Images/Cavan Images RF

The breakdown of lawful procedures in the NYC Department of Education is clear. And the people most harmed by all of this are the students, whose futures will be altered by the lack of safety, rules and academic excellence that they can, and are told, to expect. It's all a lie.

Advocates For Children has issued a Report saying that attendance rates for homeless kids are falling this school year in NYC. Where are they going? Is anyone overseeing these kids? We hope they are safe.

MTA NASA-Like "Bus Command Center" Remains Unused, Falling Apart

De Blasio’s final days are proving disastrous for NYC schools

Parents should immediately move their children out of the public school system and try to get placement for their children in private or religious institutions, or, if able, home school.

Betsy Combier

President and Founder, ADVOCATZ
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

NYC homeless student attendance drops sharply so far this school year

By 

Selim Algar, NY POST, October 18, 2021

More than a quarter of city kids living in shelters were absent from school in the first several weeks of the new academic year, according to a new study.

Advocates for Children of New York found that attendance plunged to just 73 percent, and that absenteeism among homeless students has steadily worsened over the course of the COVID-19 pandemic.

The DOE said Monday that the figure has since ticked up to 78 percent.

Attendance for all city students has hovered near 90 percent thus far in the academic year.

Citing the dire figures, ACNY has called on the Department of Education to allocate more federal funds to curb the trend.

“These alarmingly low attendance rates make clear that the DOE’s current shelter-based support system is not sufficient,” said Jennifer Pringle, Director of AFC’s Learners in Temporary Housing Project. “There needs to be dedicated, well-trained staff on the ground in the City’s shelters who can help students reconnect with school and access the educational supports they need to get back on track.”

ACNY said that roughy 30,000 kids spend time living in homeless shelters each year.

During the 2018-2019 academic year, attendance for homeless kids was 82 percent and rose slightly to 83 percent in 2019-2020 before schools shuttered.

An ACNY attendance analysis for the period between January and June of 2021 found that attendance for kids in shelters never cracked 80 percent.

The organization noted that 94 percent of kids in shelters are African-American and Hispanic.

See AFC's full report:

Attendance Data Show Urgent Need to Overhaul the Education Support System in City Shelters

10.18.2021 | Today, Advocates for Children of New York (AFC) released a new policy brief documenting the pandemic’s heavy toll on school attendance for students living in homeless shelters and calling on the New York City Department of Education (DOE) to direct federal COVID-19 relief dollars to overhaul the education support system in shelters, starting with hiring 150 shelter-based DOE community coordinators.

The brief, which examines monthly attendance data released by the DOE pursuant to Local Law 10 of 2021, shows that students in shelter had significantly more difficulty accessing an education than their permanently housed peers during winter and spring 2021. Between January and June, overall monthly attendance rates for students in shelter were lower than those for any other student group and trailed attendance rates for students in permanent housing by 10.6 to 14.1 percentage points, depending on the month. While the lack of internet access in some City shelters undoubtedly had an impact on remote attendance, the attendance rate for students living in shelter who opted for blended learning (some days in school and some remote) was just 2.3 to 4.3 percentage points higher on their in-person days than on their days of remote learning.

There were especially high rates of absenteeism at the high school level: 10th graders living in shelter missed more than one out of every three school days in winter and spring 2021, while 9th, 11th, and 12th graders in shelter were absent more than 25% of the time.

While the attendance rates of students in shelter during the pandemic were particularly troubling, barriers to consistent attendance are not new. In both 2018-19 and 2019-20, more than half of students living in shelter—94% of whom are Black or Hispanic—were chronically absent, missing at least one out of every ten school days.

Unfortunately, this trend has continued into the start of this school year; the average attendance rate of students in shelter during the first couple of weeks of school was only 73%.

“Children get one shot at a quality education, and every day a student is absent is a day of instruction they can never get back,” said Jennifer Pringle, Director of AFC’s Learners in Temporary Housing Project. “These alarmingly low attendance rates make clear that the DOE’s current shelter-based support system is not sufficient. There need to be dedicated, well-trained staff on the ground in the City’s shelters who can help students reconnect with school and access the educational supports they need to get back on track.”

At present, there are not enough staff working in shelters who have the skills and knowledge necessary to help families navigate the school system, address barriers to attendance, and resolve educational problems: just 117 shelter-based DOE Family Assistants are tasked with supporting the roughly 30,000 students who spend time in shelter each year. The number of Family Assistants has not grown over the past decade even though thousands more students are now spending time in the shelter system than in years past. As there are more than twice as many shelters as there are Family Assistants, these staff must divide their time among multiple shelter sites and are stretched very thin. The Family Assistant position is also very low paid ($28,000 for 10 months), making it difficult to recruit and retain qualified staff for the role.

Fortunately, New York City is poised to receive tens of millions of dollars in federal COVID-19 relief funding specifically to address the needs of students experiencing homelessness—and the City has not yet decided how to allocate these funds. AFC, in partnership with 25 organizations, is recommending that the DOE use this funding to hire 150 new community coordinators to work on the ground in the City’s shelters and help students get to school every day.

These coordinators would proactively assist families with getting school placements, bus service, and special education services in place as quickly as possible upon entering shelter and for the start of each school year; ensure that students are attending school regularly and help address barriers when students are not getting to school; and connect students to after-school programs, tutoring, counseling, and other supports.

“New York City has long struggled to meet the needs of students living in shelter, and the pandemic has only exacerbated the many challenges these young people face,” said Pringle. “The good news is that the City now has funding to hire a new team of professionals who can help students succeed in school and break the cycle of homelessness.”

Read the data brief [PDF]
View the news release as a PDF