The Carmen Farina Chronicles: NY Times Starts The Carmen Spin

The article below raises some red flags. I worked closely with Carmen Farina, the new public schools CEO, at PS 6 for two years, until May 23, 2000 when I asked where the money was for the Annenberg Challenge For The Arts Program. Carmen had asked me to attend the Annenberg Challenge For The Arts Conference at Riverside Church, and she told me that I would represent PS6's arts program. We were partners with PS 198, also in Manhattan. In the afternoon, two teachers came over to me from PS 198, after they had heard me speak about how PS 6 and, I said, PS 198, had followed up with fundraising, and they told me that they had no arts program and had never heard of the Annenberg Challenge For The Arts Grant. PS 198 Principal Gloria Buckery had been the first member of the Arts Together Community Partnership when I created for Carmen as a fundraising tool for the schools (PS 6 & 198). I had trusted Carmen when she told me she was working with the Center For Arts Education on getting the arts into PS 198.

I have no idea where the authors of the Challenge Journal below got their information
about the PS 6- PS 198 arts collaboration cited in their report below after the NY TIMES article, but the teachers told me they knew nothing about it.

The NY TIMES cites Carmen's "success" after she got rid of 80% of the teachers, when indeed, the scores of the children and the overall rating of PS 6 fell drastically during her reign. Carmen put in dumbed down math or TERC, Balanced Literacy, and other programs as well as ended the Gifted and Talented Program. Doesn't anyone remember the changing of grades for seniors and the public anger that followed?

Whenever the UFT contacted Carmen expressing any kind of dismay, Carmen told them not to call back. No one did. Carmen openly disparaged the Union and told everyone not to worry, "they would not get in her way".

The most worrisome in the NYTIMES piece is this fabrication:
"Ms. Fariña said she had left the Bloomberg administration because of the issue of professional development, though other education insiders alluded to other philosophical differences as well."

Carmen was shown the door, however way she wanted to leave the Deputy Chancellorship (retire, resign, be fired) after she gave a free seat to the daughter of Lee McCaskill, Principal of Brooklyn Tech (his wife was also a DOE employee) in a District 15 elementary school even though the family lived in New Jersey. The DOE allowed McCaskill to resign. We heard that Cathy Furman McCaskill resigned her position as well.

Brooklyn Tech Principal Lee McCaskill
 

The McCaskill scandal arose while Steve Ostrin, a Brooklyn Tech teacher held in the Brooklyn rubber room for almost 7 years, went to trial and McCaskill resigned his position immediately following his testimony. Eric Nadelstern also resigned after I exposed a memo written by Teresa Europe and DOE Attorney Cheryl Smith Massena.

DOE Attorney Cheryl Smith Massena
on ch. 2 quiz show (she lost)

Also, there was the matter of Diana Lam's husband getting a job without going to the Conflict of Interest Board.

Talking about conflicts, why does Bill De Blasio say he is opposed to Charters, and his SEO is very much enamored with the Ascend Charter Schools Network? What is that about?

We must not forget, but let's see what she does now. Maybe we can forgive. But let's get the facts right.

Betsy Combier

Update: on January 5 2014 the NYPOST says that Carmen's salary is going to be double that of the Mayor's. I have an idea: why not ask Carmen to donate her salary to creating arts programs in schools that have none?

What do you say, Carmen?

 

 

Schools Chancellor Brings Joyful and Fierce Style

By GINIA BELLAFANTE, NY TIMES

LINK

Late in the afternoon of New Year’s Eve, Carmen Fariña was preparing to have 10 people over to dinner, a plan, she joked, she wouldn’t have made had she known that the next day would mark the beginning of her tenure as the city’s new schools chancellor. Perhaps out of a subliminal sense of premonition or foresight, or just grandmotherly efficiency, she had arranged for a caterer.

In our conversation, rather than trying to get into the granular details of how she would deal with unions or charter schools, ideas and tactics clearly evolving, Ms. Fariña and I talked about her philosophical approach to actual teaching and leadership.

By various accounts, and what is suggested in her own telling, Ms. Fariña is both fierce and dexterous. As a 40-year veteran of the city school system, she accrued numerous and enviable successes as teacher, principal and superintendent, rising to deputy chancellor in the early years of the Bloomberg era.

Serving as the principal of Public School 6 on the Upper East Side during the 1990s, she overturned 80 percent of the staff, greatly improving the school’s standing. One teacher was so awful, Ms. Fariña told me, that the incompetence became consuming. “I’d wake up during the night thinking about the children who had to deal with this teacher,” she said.

Her management took the form of a Machiavellian benevolence — the kind of approach you imagine is taught to aspiring executives in certain classes at Wharton, whereby the party about to be demoted or fired is encouraged to believe that what is happening is the best possible result for him or her. At P.S. 6, Ms. Farina got rid of only three teachers outright, she told me. The rest she counseled out, helping them to see — presumably in some instances where they couldn’t obviously see it for themselves — that they were really better suited for other things. When she rose to higher levels and oversaw principals, she worked in much the same way, assisting one principal, who wasn’t doing a particularly good job, for instance, in finding a new, more bureaucratically oriented position within the system.
“It turned out she liked paperwork,” Ms. Farina said. “You think no one likes paperwork.”

One of the most contentious challenges the administration of Mayor Bill de Blasio will face is contract negotiations with the teachers’ union, particularly around the question of the so-called A.T.R. — the Absent Teacher Reserve. These are teachers who are receiving full pay even though they are working as substitutes or in clerical positions, having been dismissed for poor performance or having lost their jobs to school closings or budget cuts without getting rehired. Because Mr. de Blasio and Ms. Fariña are not fully in the reformist mind-set, their critics speculate that they will be reflexively acquiescent or at least highly vulnerable to union influence, but it’s hard to imagine someone with Ms. Fariña’s record prodding the mayor to consent to outrageous and possibly perilous demands.
Ms. Farina is a progressive educator who speaks movingly about returning joy to the project of teaching children. “We’ve lost the spirit that education is a calling,” she told me.
She is passionate about social studies and science; she is not opposed to the Common Core or to testing generally. “Life is a series of tests in many ways,” she said. What she opposes, she explained, are myopic systems of learning in which real knowledge becomes a casualty of test knowledge, and what she calls “the gotcha mentality” of the Bloomberg years, when teachers and principals were often abandoned instead of being given whatever support they might need to improve.
“Even the worst principals work hard,” she said. “When we support them, then we can hold them accountable.”
Ms. Fariña said she had left the Bloomberg administration because of the issue of professional development, though other education insiders alluded to other philosophical differences as well.
Ultimately Ms. Fariña’s biggest task may be to broker an ideological peace between those who believe that joy and rigor are compatible and those who don’t, between those who believe that progressive education works only for children growing up in prewar apartments with parents who have read every John Updike novel twice and those who believe that disadvantaged children can benefit from it as well.

Ms. Fariña is a fan of “balanced literacy,” designed chiefly by Professor Lucy Calkins of Columbia, an approach rooted in the idea that children build reading skill by reading books that they love and that engage them. The Bloomberg administration favored this approach until a study two years ago, following 1,000 city school children in 20 schools from kindergarten through second grade, indicated that those second graders taught with a curriculum focused more on nonfiction scored higher on reading comprehension than those in the comparison schools. At the time, Ms. Fariña criticized the study for focusing on too few schools.

Ms. Fariña said there were many potential ways to approach context-based learning and, for instance, to improve vocabulary. Giving children actual lyric sheets when they are singing in class, she said, could be one way of exposing them to new words. One method for going forward might be to teach fundamentals in a more traditional way until fourth grade or so, to lay the groundwork for more expansive learning, and then take things in more experimental directions. TheAscend network of charter schools, educating some of the poorest children in the city in central Brooklyn, has had great success with that model, borrowing the humanities-driven approach of progressive private schools once children are beyond the earliest elementary grades. By sixth grade, Ascend students are reading “The Iliad.” The network’s test scores have been impressive.

Dialogue, debate and excitement in the classroom should obviously be the goals of all educators. “Once I was about to visit a principal,” Ms. Fariña said, “who told me, ‘You’re going to love coming here because you can hear a pin drop.’ I said, ‘I better not come because that isn’t going to make me happy.’ ”

EMAIL: bigcity@nytimes.com

The Annenberg Challenge

Annenberg Institute

How the Arts Transform Schools: A Challenge for All to Share VOLUME 3, NUMBER 1 FALL 1998 LINK

Carmen Farina to the Head of the Class?  Alonso Succeeds Carmen Farina As Klein Deputy Former Deputy Chancellor Carmen Farina Retired Because of Her Complicity With the   McCaskill Wrongdoing CLASSY TOP AIDE TO JOEL IS LEAVING   The Arrogance of Immunity and the "Resignation" -or Retirement - of NYC DOE Deputy Chancellor Carmen Farina The Case Against Carmen Farina, Former Bloomberg/Diana Lam Partner in Crime UNDER-FIRE KLEIN NAMES DEPUTY By Carl Campanile, March 12, 2004 Schools chancellor Joel Klein yesterday named a 40-year veteran educator to replace his top aide, Diana Lam, who was ousted in a nepotism scandal. Carmen Farina, superintendent of Brooklyn’s Region 8, was named acting deputy chancellor for teaching and learning. Before becoming a superintendent, she was a principal at PS 6 on the Upper East Side, one of the city’s highest performing schools. Farina, well regarded within the school system, said she supported the controversial curriculum implemented by Klein and Lam “150 percent.” She also backs the new policy to hold back third-grade students who do poorly on standardized reading and math exams. Klein’s first choice to replace Lam, policy adviser Michele Cahill, was rejected by state officials because she doesn’t have an education degree. Klein, a businessman and lawyer, got a waiver to become chancellor, but Albany said the law provides no exception for other positions. Meanwhile, Mayor Bloomberg gave the beleaguered chancellor a vote of confidence yesterday, hoping to put an end to the nepotism scandal. “[Klein] is standing with me and he’s going to be standing right with me for the next six years. Make no mistake about that,” Bloomberg said. The mayor was instrumental in getting rid of Lam, who was accused of using her clout to get two department jobs for her husband, Peter Plattes, without clearance from the City Conflicts of Interest Board. Klein’s legal counsel, Chad Vignola, was forced to resign after a report by schools investigator Richard Condon found he attempted to cover up the scandal by referring to Plattes as a volunteer, not an employee.    Diana Lam, Deputy Chancellor of the New York City Department of Education, gets Fired   Despite Too Many Questions of Improprieties, Carmen Farina is Named Deputy Chancellor For the New York City DOE False Claims of Special Education Successes Cloud the Bloomberg/Klein Reform Carmen Farina: Politics Wins With Her Appointment as Deputy Chancellor in New York City NYC Deputy Chancellor Rewards Gifted, Privileged Kids in NYC Public Schools by Raising 4 Years of AP Grades    PS 6 School Leadership Team Bylaws written by Carmen Farina in 2000    DOE reprimand of Carmen Farina's SLT violations Annenberg Challenge

 

A Question For Carmen Farina, NYC Chancellor: Where is the Money?

Carmen Farina

Carmen Farina is Appointed Chancellor of the New York City School System.....

so, now you can answer some questions:

1. Where did you put the $225,000 in Annenberg Challenge For The Arts Grant money?

2. Did you try to create paperwork showing that Gloria Buckery, Principal of PS 198, actually got some of this money, when indeed she did not?

3. Why did you and Corporation Counsel Jane Gordon throw the Arts Together Community Partnership at PS 6 into the garbage, and then you lied to District 15 parents that you had found it to be very successful at PS 6, then you set up the "First Tuesdays" program?

4. Did you know that Lee McCaskill could not send his daughter to a District 15 public school without paying tuition because he lived in New Jersey before you placed McCaskill's child in your District for free?

See my prior post which was sent to Bill De Blasio last week:

The Case Against Carmen Farina, Former Bloomberg/Diana Lam Partner in Crime

There is a lot of talk about Carman Farina returning to a position of power over the New York City Department of Education.

This would be, in my informed and personal opinion, a huge error. Carmen invented fear as a way to run a school. She got rid of 80% of the teachers there when she took over, and if a parent or child got in her way, there was no mediation. Retaliation was immediate. I don't now, nor have I ever, bought into the "curry-favor-to-get-where-you-want-to-be", but this is Carmen's weapon. Her allies are the people in power at the moment, her assistants and friends, the people too scared to say no to her.



Carmen Farina

Nothing takes away the fact that Carmen Farina diverted the Annenberg Challenge For the Arts money from the school. Where did it go? I worked with Carmen for more than 2 years, setting up the Arts Together Community Partnership, a great program with a goal to raise arts money from the community for the school. Carmen loved it, until I asked, "Where's the money?" In about 1 day she - Carmen Farina - called me up at home and cursed at me with words I have not heard since. She screamed the curses at me and I listened, then she hung up. I couldn't move or breathe. Carmen then told me and my ATCP committee that she had thrown the entire project into the garbage, and we must never speak of the Arts Together project again. The following February she was removed from PS 6 to become the Superintendent of District 15 in Brooklyn, her home borough.
A source told me that a request was made to PS 198 Principal Gloria Buchery to "create" paperwork on the Annenberg Grant, but she refused.

My youngest daughter entered PS. 6 on the upper east side of Manhattan (81st and Madison Avenue, to be exact), in September 1997. My daughter got accepted into the Gifted and Talented program there. After two years, Carmen ended G&T because "all kids can learn".

None of my other three children had been in public school for kindergarten or any elementary grades, so I was really excited about this new adventure into NYC's finest education. I knew many people who had attended PS 6 when I was at Nightingale Bamford, a private school on 92nd street a few blocks away. My twin sister and I attended Nightingale grades 1-12.

PS 6 was a great school. Before Carmen changed it into a "Do it my way or take the highway".

Sorry, Bill, I'm not with you on this one. She retired because of her complicity in the scandal involving Lee McCaskill, and then there is the un-democratic manner in which she invented teacher terror, parent intimidation, and children's suspensions. See also this article. And then there is Bill De Blasio's reliance on Carmen, and this is the disaster about to happen, if he goes with her to be Chancellor. He is being seriously misinformed if he believes she is a leader worth bringing to the NYC public school system once again.

I fully expect Carmen , her too afraid allies, or her husband Tony to start an immediate retaliation scheme against me. Go ahead!! You will see it on this blog. To the readers of this blog: when you hear that someone is "crazy", a "criminal", everybody hates him/her, or whatever, you should never believe it until there is proof. There is a method to my advocacy that makes them characterize my "madness" this way in order to justify their wrongdoing.

Betsy CombierCarmen Farina: Politics Wins With Her Appointment as Deputy Chancellor in New York City
Parentadvocates.org has spoken to teachers, parents and administrators for more than three years about Mrs. Farina and her actions as she rose in the ranks of the New York City Department of Education. E-Accountability OPINION: unsatisfactory; Recommendation: resignation or termination re-posted from my website, Parentadvocates.org 

It is much too early to tell whether she'll have the job permanently," Bloomberg told the Daily News in March. "But I have not heard one bad word about her."

From the desk of Betsy Combier, former Executive Board member of the PS 6 PTA, who worked closely with Deputy Chancellor Carmen Farina for 2 years until May 23, 2000. That afternoon, after finding out that PS 198 did not receive equal part of the $225,000 Annenberg Challenge for the Arts Grant money in partnership with PS 6, (at an Annenberg Conference Ms. Farina sent me to at Riverside Church), I asked "where is the money?", a question that spurred a telephone call from Ms. Farina to my home during which she accused me of hiring/firing all the arts teachers at PS 6, taking the money (I never touched any money, never saw checks, never knew anything about the finances of the school), and speaking for PS 6, my worst crime.

Carmen Farina's appointment as Deputy Chancellor of the New York City Department of Education is as clear a message as the the New York City public has received to date that our Mayor simply is not listening to anyone outside of his immediate inner circle.

For the past three years The E-Accountability Foundation has interviewed parents and teachers at PS 6, in District 15 (Brooklyn), and from region 8, where Mrs. Farina was Regional Superintendent before being appointed Acting Deputy Chancellor of the NYC DOE in February, 2004, and then made Deputy Chancellor in May. Her disdain for parents - aside from those who she brings into her closed circle of friends - is legendary, and her School Leadership Team Bylaws at PS 6violate almost every clause in the "Green Book" on SLT Regulations. She was reprimanded by the Director of the Parent Advocacy and Engagement Office, Jamal Young, in a May 2001 letter to me, sent to Carmen, Superintendent Shelley Harwayne, and several other people. Nothing was done about the Bylaws or the SLT at PS 6, but Jamal's aunt Birdie Blake-Reid was found guilty of improper payments of public funds to employees, and fined by the Conflict of Interest Board soon after.

Mrs. Farina is a Master at threatening retaliation for any deed that she does not support, and she follows up her threats quickly and forcibly.

Mrs. Fariña has been given the task of defending the city's work with special education students and the mayor's third-grade retention plan, among all the other items on the Mayor's agenda. She gets an A for spinning information that is false and misleading, making it sound legitimate, and silencing anyone who questions the data or her presentation. She has the power to have people who work for her scream and threaten parents and teachers so that she doesn't have to do all the work herself. This is a Master at work, as we uncover the major disgrace that is special education in New York City. Mrs. Farina gleefully told a packed Hunter College auditorium in May that she completed 12,000 evaluations in the month of March. We did our math, and divided 12,000 by 23, the working days in March. This means that more than 521 children were 'evaluated' every day, and the only way this could happen is if someone was paid to sit in a room, put a signature to a stack of evaluations, and throw the children's needs into the garbage. We do not believe that an in-depth evaluation of all the services and requests for assistive technology for each child was done.

What else do we know about Carmen?

Carmen Farina was the Principal of PS 6 on the Upper East Side of Manhattan for 10 years.During that time she developed a highly efficient teaching group, she kept the scores on standardized testing high, she implemented an almost total "fuzzy math" curriculum, ended the Gifted and Talented Program, kept teachers in their place by instituting fear for speaking out against her in any way, and denied parents who dared to confront her on anything any involvement in the School Leadership Team or on the PTA or any school committees. Parents asked questions about $225,000 for three years' partnership with PS 198 under the Annenberg Challenge for the Arts Grants, but this money was never accounted for. Under the grant guidelines from Annenberg, the Principal was responsible for establishing the evaluation. This, we believe, was a mistake. We wrote letters, tried to reach by telephone, and attended events of, the Center For Arts Education in order to ask questions about the implementation of the arts programs at PS 6 and PS 198, but no one would speak to us. District 2 Superintendent Shelley Harwayne would not speak to us. Ms. Cynthia List, former person in charge of School Leadership Teams, told me that she had "been told not to speak with me." We also wrote the Special Commissioner For Investigations, Mr. Ed Stancik. His office never replied:

Mr. Edward Stancik
Special Investigator
65 Court Street
Brooklyn, New York 11201 May 17, 2001

Dear Mr. Stancik,

I am writing this letter to ask you to investigate Mrs. Carmen Farina, and her actions pertaining to the allocation of money received from the Annenberg Challenge For the Arts Grant.

Mrs. Farina was Principal of PS 6 from 1982 to February 1, 2001. She left in February to become Interim Acting Superintendant of District 15 in Brooklyn. In 1997 the Annenberg Foundation gave PS 6 and PS 198 in Manhattan a grant of $75,000 per year ( thus giving these schools more than $225,000 for performing arts programs ). This partnership between PS 6 and 198 was supposed to be used by both schools in partnership, and was to hire artists and groups for both schools.

I started working with Mrs. Farina at PS 6 on a program called The Arts Together Community Partnership (ATCP) in 1997. This group was designed to follow the Annenberg grant and raise money for the performing arts at both schools after the grant ended. I did not work on the grant itself, and had no knowledge of the money or artists involved with the Annenberg Grant.

In May, 2000, Mrs. Farina called me up and, completely out of the blue, accused me of taking the money from the Annenberg grant, and of hiring and firing all the artists in the school. She threw my work on the ATCP in the garbage, and wrote The Center For Arts Education and ArtsConnection that I was hiring and firing everybody.
Since this time I have found out:

1. No one knows what arts programs PS 198 had, if any. Some people I spoke with said that there seemed to be no partnership at all.

2. The Principal of 198 at the time, Ms. Gloria Buchery, has been removed, and has refused to tell anyone what partnership existed, if any. She has not spoken with anyone about the Annenberg money.

3. The Treasurer for PS 6 has told me that even though all the Annenberg money was kept at PS 6, no one on the Executive Board knew what was being spent, or to whom it was going to. Mrs. Farina had total control over the funds.

4. This year, the 5th Grade at PS 6 did not have arts classes, even though the Grant does not end until June of this year. My daughter, in 3rd Grade, was told that her drama class was cancelled due to lack of money.

We parents at PS 6 and PS 198 want to know where the $225,000 was allocated, when, and to whom. Please investigate this and Mrs. Carmen Farina.

Thank you. Mrs. Farina may be reached at:

District 15
Acting Superintendant
360 Smith Street
Brooklyn, NY 11231
718-330-9300

Home: 29 Tiffany Place #PH3
Brooklyn, NY 11231

Please let me know, as a member of the parent organization desiring this investigation of Carmen Farina, what you find.
Betsy Combier

The Annenberg money was particularly troubling, as there was no accountability for the funds, and indeed the Annenberg Foundation does not consider this a successful program.

In October 1997 I spoke with Carmen about helping her fundraise for the arts. She asked me to help her find a way to raise money for the arts at PS 6 when the Annenberg grant ran out. Over the next several days I thought about a parent-driven project that would be centered around a community association for the arts. Carmen loved the idea, so for the next 8 months I and several other parents discussed what is now known as "The Arts Together Community Partnership".

PS 6's grant from Annenberg was part of the Annenberg Challenge for the Arts, designed to partner two very different schools so that each could provide and share the grant money and arts programs. The Arts Together Community Partnership worked as a parent-driven organization that brought funds into both schools through a membership/community association. In March 2000 Carmen gave us $2000 to produce the ATCP brochure, and we were able to print 1000 copies for $1995. She loved it.

Carmen asked me to speak with the partner school's Principal, Gloria Buckery (former PS 198 Principal, now Region 6 Superintendent). I went over immediately with the brochure, and Gloria joined the Arts Together Community Partnership on the spot, donating $25.00. I brought the check back to PS 6 and left it with Carmen, as one of my rules is to never hold money that belongs in a school bank account.

Then, a strange thing happened. Carmen did not let me know what she would want the parents to do. We were meeting in the school cafeteria, but whenever we had a logistics problem, Carmen just did not answer. Then she told me that she wanted me to attend the Annenberg Conference on how to follow the grant with arts-funding ideas. I went to Riverside Church on May 23, 2000 for the conference, and went to an afternoon session at which I spoke very briefly about the ATCP. Two teachers from 198 told me at the end of the day that they had never heard of The Arts Together Community Partnership! They seemed very surprised to see the logo, with PS 6 on one side, and PS 198 on the other, because they did not know if, indeed, there were any arts programs at 198 funded by Annenberg. I was very concerned. When I returned home I received a telephone call from Carmen Farina, and she was extremely upset. She screamed that I was firing all the Annenberg artists, I was hiring others, I was taking the money, and I would not get away with it. She said, "You have NO right to speak for PS 6". I was stunned.
The next day I did exactly what she wanted, and that was to resign from my lunchtime club - helping 4th and 5th graders learn about charitable organizations - and my position on the PTA Executive Board. A few days later I received a letter in the mail that told me Carmen and Jane Gordan, the PTA President as witness, had thrown all the Arts Together Community Partnership materials into the garbage. Carmen wrote that I would NEVER set this project up at PS 6. Luckily, I had several brochures at home.

In 2003 Carmen spoke at the New York City Council about her new community Organization Program, "First Tuesdays". She said that all the restaurants in 15 were joining this program to supply needed After School money to district schools. The idea was very similar to the ATCP. So, I guess Carmen liked the ATCP after all! Just to make sure, I called Mr. Weiss up at the District 15 office, and asked him about "First Tuesdays". He told me that Carmen had thought up this wonderful program while at PS 6, and had set it up there very successfully. I asked him to send me the information, which he did.

On February 1, 2001 Carmen Farina became Superintendent of District 15 and left PS 6. As many of my friends wanted me to run for PTA President at PS 6, I decided to run. On April 24, 2001 I presented my program to the PS 6 community in the auditorium, and noticed Carmen entering the room. She started screaming that I had maligned her name, that no one should vote for me, that I was suing everyone at PS 6 and should never be allowed to run for any office, and other statements equally defamatory. I did not see anyone in the room breathing. Carmen sat down in the front row and glowered at me. I lost to Jane Gordan, who was removed early into the 2002-2003 school year by her own Board.

Carmen never wanted parents to be involved at PS 6, and was often shutting parents out of the school and the classrooms. She does not like School Leadership Teams, as she told us when the "Green Book" on SLT regulations came out, and she told the Executive Board "we are not going to do this." The SLT Bylaws that she wrote with the help of a few members of the Executive Board stated that there were "4 members of the PS 6 SLT: the Principal, the Assistant Principal, the PTA President and the PTA Vice-President. [The regulations are that SLTs must have between 10-17 members]. Article 6.2 of the SLT Bylaws states that " As Open Meetings Law does not, according to Central Board apply to SLTs,"and that parents would not be allowed to attend SLT meetings unless invited. When we parents questioned this policy, we heard that Carmen told the District 2 office that she had received a waiver from the rules. Ms. Gwen Hopkins, at the Board of Education Parent Engagement Office, thought this was very funny. She called me and told me that she heard the waiver claim, and that the one person who had the only copy of this waiver took it with them when they left the BOE. So no one knew where it was. Teachers we spoke to were very happy to see her leave. Below is an email from a retired special education teacher [parentadvocates.org is protecting her by not posting her name]:

"As the parent of a public school student and a retired special education teacher who worked in District 15 during Ms. Farina's tenure as superintendant, I strongly disagree with your take on her. She was autocratic and a whole language and constructivist math fanatic.She came into schools with a nasty attitude and a clipboard checklist and cared only about bulletin boards, word walls, desk arrangements and book leveling. It was Farina who set up the deliberately misleading introduction of the new curriculum at P.S. 172, claiming their remarkable success was due to "Month-by-Month Phonics" when the school had in fact been using Open Court, a highly structured reading program, at the time of the test results. She brought in Laura Kotch, an even colder, nastier proponent of lock-step whole language, who introduced the insidious Month-by-Month Phonics, designed to shut up those of us concerned with results while failing to teach decoding. [any] praise of Carmen Farina was disheartening to many of us who worked with her."

On April 30, 2004, the NY SUN published our letter:Carmen Farina's Old School:
No one represents, in my opinion, all that is wrong with the New York City Department of Education better than the new acting deputy chancellor for teaching and learning, Carmen Farina. ['Farina's Old School Finds It hard To Match Her Results", Julia Levy, Page 1, April 23, 2004]. I am a former PS 6 parent who believes in transparency, accountability, respect for everyone, and honest reporting of statistics and test results. Carmen, unfortunately, seemed to be not interested in any of these.
She did not believe in School Leadership Teams, so she set up the PS 6 Team with 4 appointed people (the minimum allowed are 10, and all members are supposed to be elected) and wrote Bylaws which clearly opposed any parent involvement - Clause 6.2 of the PS 6 SLT Bylaws reads:
"By directive of the Central School Board, "open meetings" laws do not apply to SLTs, therefore uninvited guests will not be permitted to attend or participate in the meetings."
"Univited" guests are, of course, PS 6 parents, teachers, anyone outside the 4 people (who were the Principal, the Assistant Principal, the CSA representative and the PTA President). She pushed these Bylaws through Central by telling everyone that PS 6 had a waiver. No one ever found a copy.
Carmen, as she always does, retaliated. After leaving PS 6 and in the position of Superintendent of District 15, on April 24, 2001attended the PS 6 PTA meeting at which I spoke about running for PTA President. As soon as I finished my campaign speech she screamed that I should not be elected for undermining her, maligning her name, and other equally defamatory remarks to the 70 or so parents in attendance. No one who was in that room that evening ever forgot this outburst.
Carmen never told us where the Annenberg Challenge For the Arts money was. We saw that PS 6 had some arts programs, but our partner school, PS 198, did not seem to have any. She would not answer our questions. When we asked where the funds for PS 198 were, Carmen went on the attack, and threw the Arts Together Community Partnership, a parent-driven organization designed to help fund and publicize the arts at PS 6 when the Annenberg grant ended, into the garbage. She then accused us of interfering in the allocation of the Annenberg money by hiring and firing the dance teachers, a claim that was totally unfounded and ridiculous. We did stop asking questions, in fear of the welfare of our children at the school.
We were told by teachers that Carmen took the brightest kids randomly out of testing rooms to give them as much time as necessary to complete tests. We would compare notes after the tests to find out which children had been moved to another room.
Carmen stopped the PS 6 Gifted and Talented program, and to the present day parents of exceptionally bright children try to move them elsewhere. She implemented policies of "fuzzy" math and whole language to the extent that many teachers told us "their hands were tied",and "get instruction from a tutor". Scores at the school in math have gone down since she left.
Carmen gathers around her a group of loyal supporters who do not allow anyone to say anything uncomplimentary about her. Nothing anyone says outside of this clique is listened to or respected.
When I was in grade school I learned that history repeats itself. Carmen Farina as Deputy Chancellor of the New York City Department of Education is a step back into the dark ages of school reform where transparent budgets, people respecting the views and opinions of others, and accountability just dont exist.

Betsy Combier
parentadvocates.org

And those "high scores" that PS 6 reports are not what they seem. Parents compared notes on how many of the brightest kids were taken out of the testing room and tested separately - presumably to give these kids all the time in the world, so that they could get perfect scores? These kids certainly did not have special needs or 504 accommodations. The scores themselves are suspect: this just in from our Math experts:
Keep in mind, Carmen Farina left PS 6 in January, 2001. In 2004 the National Academies reported that there is no scientific basis for Carmen's math programs.

~If one tracks cohorts of PS 6 kids (3rd graders in 1999, 4th graders in
2000 and 5th graders in 2001), the number who score in Level 4 in math drops
precipitously each year.

~In 2000, PS 6 had the greatest decline in District 2 in Performance Level 4
math achievement on the 4th grade test (28% pt drop!) - much greater than
any other schools'. Some schools' 4th grade Level 4 scores actually rose.
Districtwide, 4th grade Level 4 achievement dropped 6% pts that year.
Districtwide, 4th grade passing scores remained flat at 76% passing in 1999
and 2000.

~In 2001, PS 6 had the greatest decline in Performance Level 4 on the city
test (3rd and 5th grades) (23% pt drop!) - greater than any other school's
Level 4 declines, some schools' Level 4 scores rose. Districtwide, Level
4 scores on the city test dropped 6% pts (same as in 4th grade the year
before ) Districtwide city test passing scores dropped 3% pts, 2000: 61.2
2001: 58.3

~ There were nowhere near the precipitous drops out of Level 4 4th grade
scores (state test)that PS 6 showed (1999-2000) in the other TAG schools. In
the same year (2000-2001) PS 6 Level 4 declines were also highest among TAG
schools on the 3,5,6 grade test (citywide test) One TAG school's scores
improved slightly (PS 11) while the others showed some decline (following
the district trend), PS 124 and PS 130 came close to the level of PS 6
decline.

Betsy Combier,
Editor, Parentadvocates.org
Founder and President, The E-Accountability Foundation
President, ArtsNexus and The Arts Together Community Partnership (thrown into the garbage by Carmen Farina May, 2000)PS 6 School Leadership Team Bylaws written by Carmen Farina in 2000NYC Deputy Chancellor Rewards Gifted, Privileged Kids in NYC Public Schools by Raising 4 Years of AP Grades

For more on Carmen Farina and District 2, go towww.nychold.com

Related Articles:False Claims of Special Education Successes Cloud the Bloomberg/Klein Reform

Despite Too Many Questions of Improprieties, Carmen Farina is Named Deputy Chancellor For the New York City DOE

Steve Ostrin And The NYC Rubber Room Scam

The Story of Steve Ostrin And The Violation Of His Due Process Rights By The NYC Department of Education , the UFT, and NYSUT

by Betsy Combier, Editor, Parentadvocates.org

Steve Ostrin with the Eric Nadelstern/Cheryl Smith/Theresa Europe memo

LINK

From Betsy Combier:

I have known Steve for more than four years, as an investigative reporter looking into the false claims and defamation by Joel Klein and Michael Bloomberg of tenured teachers thrown into the "rubber room". Steve's rubber room for almost six years was 25 Chapel Street in Brooklyn New York, 10th Floor. The only reason he was there that long was the refusal of the UFT, NYSUT, and the DOE to fix the errors made in falsely accusing him of sexual harassment of a student. He is an innocent man painted with the wrong colors by the New York Post and the New York City Department of Education. Joel Klein, former CEO of the NYC DOE now works for the POST. Now that he is appealing the decision of arbitrator Howard Edelman to suspend him without pay for six months (NYSUT is representing him in Manhattan Supreme Court, he filed a 7511 appeal in Brooklyn pro se that NYSUT told him to drop) and Cathie Black filed an Appeal against the Edelman decision hoping the Court will decide to vacate the Edelman decision so that Steve will be terminated. I believe that this story will be big news.

Steve's case will show the world how the NYC DOE, UFT, and NYSUT threw thousands of tenured personnel into unemployment, ATR status, resignation and settlements without Just Cause. I, for one, will be documenting the process, and how all three groups are trying desperately to support their unsupportable actions in this case. All three groups named above made very serious errors which created this perfect storm of injustice.

On January 30, 2011, NYPOST reporter Sue Edelman wrote an article called "Teach Untouchable" concerning the case of former rubber roomer Steve Ostrin. I met with Sue and Steve on January 25, 2011 at Steve's request, and discussed the mess that the NYC DOE made in this matter. Steve gave Sue the "smoking gun" memo sent from Theresa Europe to former DOE official Eric Nadelstern who resigned last week, (is there a connection between his resignation and this case??) that you see Steve holding in the picture above. Steve also gave her a copy of his grievance when the DOE would not release him from the rubber room after all charges were dropped against him in 2007, he gave her the information that there was no substantiation of the charges by SCI - nor was there an investigation at all - and Steve was acquitted at the criminal trial by a jury. The NY POST chose to ignore all the facts in favor of Steve's innocence and go with the DOE in defaming Steve once again. I see the hands of Joel Klein in this, and I look forward to a final resolution of the terrible process known as "rubberization" of tenured teachers now that NYSUT has taken on the representation of Steve in NYC Supreme Court against the Black petition.

How can I say such things? I worked as a UFT rep. for three years, hired part-time by Randi Weingarten to help her find out what was going on in public schools, assist teachers who needed advice on what to do in times of trouble, and visit the temporary re-assignment centers or "rubber rooms" to talk with the people there and find out what their cases were all about. I did my job, not knowing that they - the UFT now headed by Michael Mulgrew - did NOT want someone like me, an investigative reporter, looking into re-assigned NYC personnel, because the UFT is doing nothing to help its members, just like the DOE is throwing tenured people into the garbage.

In fact, under Bloomberg, the garbage can was at first not large enough to handle all the people principals were allowed, under color of law/rule/DOE regualtions, to throw away. So, large (and 1 small) room(s) were rented or made available to the garbage teachers and these rooms became the holding pens of allegedly guilty people. Tenured teachers get "due process", or 3020 trial, an arbitration hearing 3020-a. In NYC no one gets to assist in choosing the single arbitrator who decides a case. You get the person supposedly randomly chosen to arbitrate the case that is next in line. At present there is at least one lawsuit in federal court and many in State Court on this topic, and there will be more.

As an advocate for rights, I jumped into the mud of the NYC DOE "rubberization process" as I call it, and found that the denial of rights is astonishing. Believe me, I asked why many times at the UFT, and I was told they didn't need me anymore in July, 2010. That's ok, because now I can write about what REALLY happened over the last 9 years under Mayor Bloomberg, and how the UFT, NYSUT and the NYC DOE all worked as a team in making thousands of people sick with emotional distress, without housing, medical benefits, or jobs of any kind. Not everyone that went through the rubber room ringer is innocent, but many are, and my effort to expose this disaster with my website, blog, and my voice at the PEP Sept 2007, is for them, and all of us - our children, our way of life, and our future.

I met Steve at his rubber room, 25 Chapel Street early in 2007, and have followed his case ever since. In sum, his case is a matter of the DOE wanting a diversion from media exposure of the misconduct of Principal Lee McCaskill of Brooklyn Technical High School, and one of the most "honored" DOE officials, Deputy Chancellor Carmen Farina. The NYC DOE picked a very popular teacher to condemn to the garbage as a way of nullifying the media attacks on MacCaskill. The police arrested Steve in March 2005, he was put in prison, given a criminal trial, and his family almost dissolved while he sat for almost six years in the holding pen/garbage can/rubber room at 25 Chapel Street, 10th floor, Brooklyn N.Y. and had the public pay his salary. No investigation ever proved he was guilty at all, no jury or District Attorney ever believed the accusations of the girl who complained about his behavior, and by all accounts Steve was on his way to being the biggest mistake the NYC DOE ever made, with the UFT approval. Until the DOE "Gotcha Squad" dug up arbitrator Howard Edelman and Attorney Timothy Taylor and put Steve on trial at 51 Chambers Street where the Administrative Trial Unit (ATU) conducts the 3020-a arbitrations for tenured teachers. I have sat in hearings when asked to observe, for almost 8 years, and I can tell you that the "due process" is a sham. More about this in another article.

After no investigation took place because no one believed that Grace Olamijulo was telling the truth - as well as her copycat colleague JH, who also got money from the City for making an accusation against Steve and after the Smith/Europe/Nadelstern "smoking gun" memo showed that 3020-a Attorney Cheryl Smith was lying about the charges (and Edelman was furious), Howard Edelman found Steve culpable of "...a single event in which a teacher [Ostrin] touched a student on her arm and made inappropriate comments" (Edelman award, p. 32). Edelman gave Steve the punishment of six months without pay (or medical benefits), to give a Solomonlike decision ("i.e. splitting the baby" and pleasing both the UFT and the DOE by not exonerating Steve, and thus making it look like the NYC DOE was wrongly spending public money for six years). The DOE spent more than $500,000 in this one case, to prove that Grace was right. So why was there no investigation?

Cathie Black, the new CEO of the NYC DOE, has filed a 7511 Appeal of 3020-a arbitrator Howard Edelman's decision to suspend Steve for six months without pay, she wants him terminated despite the lack of any investigation and the DA, SCI and the DOE finding the girl, Grace, not credible. Steve filed a 7511 in Brooklyn Supreme Court two days earlier, pro se (representing himself), Index No. 690/11. NYSUT Chief Claude Hersh told Steve to withdraw this petition in order for NYSUT to represent him in Manhattan against Black.
 
Below, you will hear from me about the "facts" in this case. Keep in mind while you decide for yourself what the "facts" really are, that the UFT did nothing to help Steve throughout this ordeal that almost cost him his marriage and certainly cost him his career and his well-being for six years. What the UFT and NYSUT should have done is, when all charges were dropped in 2007 and all parties found the girl to be incredible, is put Steve back in his teaching position. No one did this because, I think, all parties hate to admit error, and now the battle is on. See my blog, NYC Rubber Room Reporter, for more stories on this.

The real story of the Rubber Room saga of Steve Ostrin

The real story of Steve Ostrin is based upon the fact that no one believed he sexually abused any child at any time. Grace and Julie were two young women who saw an opportunity to make some money, and the City complied, because their investigators were looking into Brooklyn Tech Principal Lee McCaskill and his associate, Deputy Chancellor Carmen Farina, and they needed to divert public attention away from these two people - see links below. So far there is no proof that the DOE paid either girl to lie, but I'm still looking for that smoking canon. I've seen this (bribing, "convincing" kids to lie to get a teacher out of his or her position) before....sadly, many times.

One who is not sure what is going on in NYC education should start, I think, with Michael Cardozo's letter sent to the Justice Department in 2003 that argued for a removal of the right to vote for a school board in New York City. See Michael Cardozo's letter asking Mr. Rich at the U.S. Department of Justice and then read the reasons for the removal of the right to vote in a long report: "Editorial: The New York City Department of Education is a Sham and Mike Bloomberg is the Flim-Flam Man."

After Mike Bloomberg became Mayor and took control of the public school system in 2002, he spoke often about his desire to be "The Education Mayor", the person who turned all public schools into successful mini-businesses. In this business model, teachers become workers who are easily and necessarily replaced whenever his or her performance is, according to the supervisor, "not perfect". Soon, principals and superintendents had the right to hire and/or fire anyone, at any time. Tenure, with the promise of due process for all who hold this status, was technically over.

To prove to his followers he could do whatever he promised, Mike had to get rid of "dead wood", as in senior teachers who didnt want to spend every day teaching to a test, and then testing for the test; as in senior teachers whose salary was $100,000+ ...when two younger teachers could be paid for that price; as in tenured teachers who had cancer or some debillitating injury that had to take time away from their jobs; and so on.

Principals began to throw teachers out of their positions quickly and for no reason, or for a reason that would have incurred only a counseling memo or letter to file in previous years. For example, if you were a caring teacher and a student was crying and you gave them a hug, you became a "sexual pervert" and were removed from your job; if a student made an effort to do well and you were so happy that you tapped the student on the shoulder and said "well done!" you were, and still are, arrested for corporal punishment and led out of the school in handcuffs, in front of your students and reporters from the New York Post or Daily News, called ahead of time to get the picture. Who replaces you? A substitute teacher, someone who probably cannot teach the curriculum.

Where did the miscreant teacher go, while the NYC DOE "proved" his or her "guilt"? The 'rubber room' or re-assignment center. In 2007 there were seven large rooms in all boroughs - Manhattan, Queens, Staten Island, Harlem, Bronx, Washington Heights, Brooklyn; then, in 2008 another, small room was opened, also in Brooklyn (355 Park Place, basement). This was, in my opinion, a huge error. When 100+ adults are in a room every day and are told to sit and not talk to anyone about his or her case, that is exactly what the conversations will be about. And I was the UFT "rubber room girl" hired part-time by Randi Weingarten to listen, and to find out what was going on, and try to do something about it. I kept complaining about the situation but stayed 3 years, until the rooms were closed.

The other factor that plays into understanding how the rubber rooms were opened and stayed open until July 2010 is, principals were told by hire-ups to get rid of anyone who blew the whistle on school finances, corruption, violations of law, etc., and they - the "higher-ups" and their 'helpers' - would receive immunity from prosecution. In other words, if the administrators played their parts well, and got rid of anyone who did not meet the corporate criteria, no one would be able to hold them accountable for anything. The Corporation Counsel protects all of these people until there is some exposure of what they did. Then, the person "resigns" (and is moved to another job). "politically connected" UFT reps get the same indemnification and movement to a new position within the UFT. Take Burt Sacks, for example, who "resign" as Deputy Chancellor under Harold Levy and was immediately picked up by the UFT as "special advisor" to Randi Weingarten. HMMMM.

It was in this environment of terror, destruction of innocent lives, and lies that the case of Steve Ostrin began, and circumstances made this case a perfect storm of injustice.

The school where Steve Ostrin taught for 18 years and where he was considered one of the "best teachers ever", Brooklyn Technical High School, or "Brooklyn Tech", is one of the Specialized High Schools of New York City. You can get in if you score high enough on the SHSAT (Specialized High School Admissions Test). Lee McCaskill, the Principal of Brooklyn Tech in 2004, felt uncomfortable. He and Steve had a 'contentious' relationship, and he, McCaskill, was beginning to worry that his cover would be blown.

Principal McCaskill with some of his students

McCaskill had made a deal with then Deputy Chancellor (former District 15 Superintendent Carmen Farina) to put his daughter into a highly regarded public school in D15, even though McCaskill lived in New Jersey. This is against the law in New York State. Mrs. McCaskill also worked for the NYC DOE at Boys and Girls High School, a school in Brooklyn, but she resigned.

When the investigation into Lee McCaskill started heating up, the NYC DOE decided it was time to delay and obstruct the public's view of the crimes of Lee McCaskill and Carmen Farina, one of their "best" administrators (she brought in and supported Diana Lam):

B'KLYN TECH'S CRASS WARFARE. Principal, teachers feud at elite high school
BY KATHLEEN LUCADAMO DAILY NEWS STAFF WRITER, October 23th 2005,
LINK

WAVES OF TURMOIL are threatening to undermine the once-impeccable reputation of Brooklyn Technical High School - one of the city's most prestigious public schools.

Brooklyn Tech's tradition of excellence already has been sullied from a long-running battle between many respected teachers and Principal Lee McCaskill.

But the war inside the Fort Greene school is boiling over now with public charges of crass behavior, censorship, harassment and questionable management decisions.

Teachers have fled to other respected schools. Parents are trying to figure out what to believe. And perhaps most unsettling, Brooklyn Tech's students say they feel the tension.

A senior, who asked to be identified only as Eric, said he witnessed Assistant Principal Tracy Atkins-Zoughlami engage in a screaming match with two deans in the hallway.

"It was disturbing and unprofessional," the 17-year-old said. The student also claimed McCaskill once called a group of media students "dumb-asses."

McCaskill's detractors have no shortage of complaints about him and the school where he has worked since the late 1980s.

Brooklyn Tech has not published a student newspaper in more than a year because McCaskill had so heavily censored it - once destroying 4,000 copies - that no teacher will serve as an adviser, instructors charged.

For the last two months, 32 new computers have sat covered in plastic, unused because the room isn't properly wired.

The school radio room is packed with outdated equipment and has been shut down for 20 years even though a teacher secured a $10,000 grant. Teachers want to know what happened to that money.

Many instructors also claim McCaskill rules with an iron fist - often targeting outspoken veterans and treating students like prisoners instead of prodigies.

But Education Department brass insist McCaskill is maintaining excellence at the school and adamantly support him.

Deputy Schools Chancellor Carmen Farina called the charges a "union ploy to pick on a particular principal who exercises his right" to give teachers unfavorable reviews. "He does what he feels like he needs to do to make the teachers the best possible," Farina said.

Education Department officials promised a student paper would be up and running by next year. They vowed to send in engineers to fix the computer room and said the radio equipment is owned by WNYE.

Since being founded nearly 90 years ago, Brooklyn Tech has turned out Nobel Prize laureates, congressional leaders, billionaire entrepreneurs, corporate executives and noted scientists, engineers and architects.

It remains one of the city's most difficult schools to get into, enrolling about 4,500 students and boasting a 95% graduation rate.

But Brooklyn Tech traditionally has trailed behind Manhattan's Stuyvesant High School and the Bronx High School of Science in terms of popularity among top students, said Pamela Wheaton of Advocates for Children.

"When parents choose a school like Brooklyn Tech, they choose the name, not the principal," Wheaton said.

McCaskill could not be reached for comment because he was in North Carolina last week for the funeral of his nephew, who was killed in Iraq.

The most recent edition of the teachers union's newspaper included a supercritical article about him and the school, referring to it as Brooklyn "wreck." It marked the latest - and harshest - assault on McCaskill.

Just three years ago, he was accused of sending obscene E-mails to teachers. A city investigation concluded that some of the messages had been sent by his brother and others seemed to be authored by a hacker.

The allegations were among a long list of accusations against McCaskill over the last decade, including playing favorites with job assignments and faking timecards for friends.

In the last four years, a third of Brooklyn Tech's nearly 40-teacher English Department has left, according to English teacher Daniel Baldwin. "There used to be an almost cultish devotion to teaching at Tech," he said. "Teachers would come here and they wouldn't leave. Now there is a revolving door."

But Jean Claude Bizard, the local instructional supervisor, attributed the turnover to retirements - and backed McCaskill.

"Tech has students who are demanding and parents who expect the best from teachers," he said. "So he has to have high standards and quite frankly some teachers can't handle it."

The parents association vice president, Teresa Mule, also defended McCaskill. "The principal's motto is, 'If things aren't done the right way, they aren't done,' . . . and that is a positive thing," she said.

Yet several well-regarded city schools have been thrilled to hire Brooklyn Tech's castoffs.

In a particularly notable case, veteran teacher Todd Friedman took a job at Midwood High School after McCaskill barred him from teaching the book "Continental Drift" in 2002. The book was a Pulitzer Prize finalist, but McCaskill called it sexually explicit and unacceptable.

Friedman is being honored this week with the New York Library Association's Intellectual Freedom Award for fighting McCaskill over the censorship.

"People don't generally want to leave a good school like Brooklyn Tech, but McCaskill and Tracy Atkins-Zoughlami are breaking the morale," Friedman said. "That's why many teachers have left."

klucadamo@nydailynews.com
**********

The NYC DOE decided to go after popular teacher Steve Ostrin. On March 2, 2005, a student in Steve's class, Grace Olamijulo, accused Ostrin of making remarks to her that she thought were sexually harassing.

On March 4, 2005 Ostrin was removed from his school and sent to 131 Livingston Street and then to 25 Chapel Street in Brooklyn, where he remained until the rubber rooms were closed, July 2010. (He was then sent to another location to sit and await the arbitrator's decision in the 3020-a arbitration, which he received at the end of December 2010).

On Sunday March 20, 2005 detectives from the 88th precinct came to Steve's home, and in front of his wife and two small children arrested him for "endangering the welfare of a child and harassment in the second degree".

On February 10, 2006 Steve was acquitted of all charges after a trial by jury in criminal court. Lee McCaskill testified, then resigned later the same day because he was so bad a witness for the DOE that they - the Department - did not want MacCaskill on the stand again. Steve remained in the Brooklyn rubber room. No charges were brought by the NYC DOE until May 11, 2007, after Steve asked for Attorney fees for his paying of the attorneys in the criminal trial. This set off a firestorm because the NYC DOE did not want to pay Steve's legal costs and thus admit that they were in error.

On February 5, 2007 Steve was told to go to the Leon Goldstein High School For Sciences, as he was cleared. On February 6, 2007 counsel for NYSUT (the legal arm of the UFT) received an email from Theresa Europe, Attorney of the Administrative Trials Unit or "Gotcha Squad", saying that the ATU was not going forward with charges, and Steve was no longer on the ineligible list. He filed a grievance (2/15/07) based upon Article 21G(4) of the DOE/UFT contract that states:

...the employee will be restored to service no later than 6 months from the date of his/her removal unless 3020a charges have been preferred against the employee (remember, none had been filed). Yet Marcel Kshensky denied the grievance, the very same Marcel Kshensky who is currently being sued in Federal Court for racial discrimination. (See Marcel Kshensky)

Kshensky denied the grievance, saying that there was an internal investigation being conducted by the DOE - but there was no investigation. (April 17, 2007)

On May 8, 2008, Steve was brought to a probable cause hearing with Arbitrator Martin Scheinman. Scheinman ruled that Steve could not be removed from payroll because

"...Probable cause cannot be established where it is based upon an alleged felony committed on school property or while in the performance of teaching duties as to which a criminal court have ruled Respondent not guilty."....Respondent was not found guilty of criminal charges that were based upon the very same factual allegations set forth in the Specifications against Respondent and on which the Department bases its probable cause request."

Again, where is the UFT? Then, on June 19, 2009, Steve Ostrin went to 65 Court street on a tip and looked at his personnel file, where he found a memo from Cheryl Smith for Theresa Europe sent to former NYC DOE official Eric Nadelstern (he "resigned" in January 2011), closing the case against Steven Ostrin. The memo also states that the Office of the Special Commissioner of Investigation (SCI) concluded that "the allegations were unsubstantiated."

The matter was referred to the ATU, who, according to Theresa Europe, were closing the case. Lee McCaskill resigned his position in order to thwart criminal charges, and the investigators were very angry:

February 15, 2006
Investigator Rebukes City Schools Over Retirement of a Principal
By ELISSA GOOTMAN, NY TIMES

The special commissioner of investigation for the city school system rebuked the Department of Education yesterday for allowing the principal of Brooklyn Technical High School to retire days before the completion of an investigation into his daughter's improper enrollment in a Brooklyn elementary school.

The commissioner, Richard J. Condon, included the criticism in a report describing a web of deception by the principal, Lee D. McCaskill, and his wife, a teacher at another Brooklyn school, to hide the fact that they lived in New Jersey.

The report said the couple had submitted a friend's Brooklyn address to get their daughter into the well-regarded Public School 29 in Cobble Hill without paying the tuition required of noncity residents. When faced with an investigation, Mr. Condon said, they gave contradictory testimony and submitted fake leases and other misleading documents to create the impression that they lived at the Brooklyn address.

Mr. Condon said it "was not prudent" for education officials "to enter into a settlement with Lee McCaskill before it could consider our findings." He said that since the Education Department did not wait for the investigation's results, "we can only note that McCaskill should be placed on the ineligible list and barred from future employment" in the city schools.

Mr. Condon wrote that he was forwarding his findings to the Brooklyn and Manhattan district attorneys for possible prosecution. He also recommended that Dr. McCaskill's wife, Cathy Furman McCaskill, be dismissed from her position as a teacher at Boys and Girls High School in Brooklyn.

"All objective evidence and information examined in this investigation leads to the conclusion that the McCaskills deceived the D.O.E. and obtained more than three years of free education for their daughter, which is reserved for residents of New York City," Mr. Condon wrote. "Their sworn testimony concerning their living and commuting arrangements between the two addresses is, in part, contradictory, and, as a general matter, incredible and false."

Department of Education officials said Mrs. McCaskill had been reassigned to a regional office and that the department would move to fire her. They defended the agreement with Dr. McCaskill under which he was allowed to retire and pay the city $19,441 for four years of tuition, saying that his swift removal from the school was best for Brooklyn Tech, where a successor has already been named.

"The school has been in a lot of turmoil because of this principal, and we are looking at a process that could stretch on for months and could thereby cause a great deal of disruption in the school," said David Cantor, a department spokesman. "We felt that the situation was just too volatile to let this happen."

Neither of the McCaskills returned calls seeking comment, and a man who answered the telephone at their home yesterday said he did not wish to speak with reporters. A lawyer from the city principals' union, who represented both Dr. McCaskill and Mrs. McCaskill during the investigation, declined to comment through a union spokesman.

Dr. McCaskill is still being paid $125,282 because he is using up accrued vacation time, officials said. Under the agreement with the Education Department, he will be able to use his accrued sick leave, as long as he produces documentation of a medical condition. The sick leave will run out in August, officials said, at which point his retirement will begin. Dr. McCaskill, who is 49, will not receive his pension for several years.

In recent years, Dr. McCaskill's management style at Brooklyn Tech, the largest of the city's prestigious specialized high schools, has led to intense and in some cases well-publicized battles with teachers. They complained that he routinely canceled special trips and programs and that he retaliated against critics by giving out unfavorable performance ratings.

Randi Weingarten, president of the city teachers' union, went to the Department of Education last spring to complain about what she described as Dr. McCaskill's pervasive practice of intimidating and punishing teachers.

Until the last few days, the Department of Education had stood behind Dr. McCaskill. Last week, when the department announced the agreement that he would retire, Carmen Fariña, the deputy chancellor for teaching and learning, praised his leadership of Brooklyn Tech, telling reporters: "I wish him well. I think he's done a lot of good in that school."

Mr. Condon's investigation started in October, after the department's general counsel informed him of rumors that the McCaskills' daughter was improperly attending P.S. 29. It is a coveted school where Ms. Fariña herself taught for 22 years and sent her own daughters. Investigators found that while the school listed the family as living at 606 Hancock Street in Brooklyn, voting and vehicle registration records showed they live in Piscataway, N.J.

The Brooklyn address is the residence of Robin Kelly Sheares, a close family friend who is a lawyer. P.S. 29 is not the zoned school for that address, but its principal told investigators she had given Dr. McCaskill a variance as a "professional courtesy," believing he lived in the city.

The investigators also observed the family's morning commute, watching as a green Ford registered to Mrs. McCaskill made its way from Piscataway through Perth Amboy, N.J., and Staten Island, traveling to Brooklyn over the Verrazano-Narrows Bridge. Once in Brooklyn, they found, a girl with a blue book bag was dropped off at Ms. Sheares' home or at the home of another nearby friend, who would drop the girl off at P.S. 29.

Asked where he lived, Dr. McCaskill told investigators that he had "both a Brooklyn and a New Jersey address," the report said. He said he rented a one-bedroom apartment in Brooklyn from Ms. Sheares, where his wife and daughter stayed during the week and where he stayed "off and on during the week."

Mrs. McCaskill, in what the report described as a "remarkable contrast to her husband's testimony," told investigators that Dr. McCaskill spent most weeknights in Piscataway.

Asked for evidence of his Brooklyn residency, Dr. McCaskill provided investigators with leases indicating that Mrs. McCaskill rented a Brooklyn apartment from Ms. Sheares for $200 a month, starting in October 2001. But the leases, investigators found, were ostensibly signed years before a 2004 copyright on the lease forms.

Mr. Condon referred the case of Ms. Sheares, who was also questioned and had signed the leases, to the grievance committee of the appellate division of the New York State Supreme Court and the state court system's ethics commission. Ms. Sheares could not be reached for comment.

***************

Nevertheless, Cheryl Smith, attorney for the DOE, and Theresa Europe at the ATU served 3020-a charges against Ostrin and pursued his termination with Arbitrator Howard Edelman two years AFTER the memo proved that the investigators, the DOE, and the ATU had found the charges "unsubstantiated".

Throughout, Steve Ostrin has denied that he made any sexual comment to any student at any time.

When Steve got the opinion of Edelman, he decided to appeal to the New York State Supreme Court, as he felt it was wrong of Edelman to remove him from his salary for six months based upon unsubstantiated charges that were never investigated. He filed his appeal and got the Index number on January 11, then served and filed the Verified Petition in Kings County, Brooklyn, on January 25, 2011. Cathie Black filed an appeal in New York State Supreme Court on January 13, and served a Verified Petition on NYSUT on January 27, 2011. The DOE wants Steve to be terminated. NYSUT has taken on the appeal.

No one knows what the war of the titans will bring as far as resolution to this matter, but I do know for sure that when Steve and I and Sue Edelman from the New York Post had lunch on January 25, 2011, and a picture was taken of Steve holding the Nadelstern memo, that Sue Edelman knew there was never an investigation, the District Attorney did not find the girl, Grace, to be credible, that SCI found the charges to be unsubstantiated, that a jury in a criminal trial acquitted Steve, and no one believes that Steve is guilty as charged. No one, that is, except Cathie Black and Joel Klein and his new employer, the New York Post. Stay tuned, this will be good reading when the papers from both sides try to justify a man spending almost six years in a rubber room without Just Cause. NYSUT, the UFT and the DOE are guilty of creating this perfect storm of injustice.

Betsy Combier
I have written about my start in the investigation of the NYC DOE throwing educators out of their positions even when they have tenure, before, but here is a summary once again: in 2003 I was invited to be on-camera at a TV show produced by a friend to talk about Judicial corruption. When I arrived at the studio, another person about to be on the same program, teacher David Pakter, started talking with me. He told me that there were rooms for teachers who blew the whistle on their principal, and these rooms were called "rubber rooms". I knew that this was a good story. I started looking into "rubber rooms" from the point of view of a person to whom facts and rights must be honored above all else. The cases that I looked at then, and the cases I still look at now, dont have either.

Teachers Are Easily Sabotaged When a Principal Wants To Get rid of Them: La Guardia High School and Brooklyn Technical High School (posted 2/28/2004)

Carmen Farina: Politics Wins With Her Appointment as Deputy Chancellor in New York City

The Arrogence of Immunity and the "Resignation" -or Retirement - of NYC DOE Deputy Chancellor Carmen Farina

Former Deputy Chancellor Carmen Farina Retired Because of Her Complicity With the McCaskill Wrongdoing(posted 6/2006)

Marcel Kshensky