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Showing posts with label Teacher Performance Unit. Show all posts
Showing posts with label Teacher Performance Unit. Show all posts

Thursday, April 13, 2017

The NYC Department of Education Teacher Observation Scam, Redux

The NYC Department of Education Teacher Observation Scam 
by Betsy Combier, Editor, Parentadvocates.org. (original posted 2013)
LINK
        
In the United States, there is very little respect for public school teachers and their abilities, and even less respect for tenure rights. For many years, the media painted a picture of a person with tenure as sitting in a classroom asleep, reading a book, knitting, etc, because they had a "job for life".

UFT Contract: Shackling Principals

Politicians and media went on the offensive to end tenure.

One of the biggest changes that were seen in New York City was the criminalization of what the New York City administrators called "incompetency", by setting up a panel of arbitrators and attorneys whose job was to put on trial an educator who forgot a lesson plan, whose skills at engaging students was less than 100% perfect, and/or the educator was not able to control the little angels in his/her class. This group, created in 2007, is called the Teacher Performance Unit ("TPU") and handles all cases where an educator is charged and served 3020-a arbitration papers for incompetent service.

What all the characteristics of "incompetency" have in common is that these are subjective judgments and opinions, not facts. (See Elentuck v Green, Supreme Court, Second Appellate Division, 202 A.D.2d 425; 608 N.Y.S.2d 701; 1994 N.Y. App. Div. LEXIS 1956 (1994))

When an educator receives the charges, or specifications, he/she has already been determined by the Department as guilty. The Department pursues the charges as if the 3020-a were a criminal trial, and the educator a convicted criminal. In order to win these proceedings, an educator must fight well, as pro se or with an attorney who knows how random and arbitrary the hearings are. NYSUT is not always willing to do the work to provide an adequate defense, unfortunately.

I have watched and worked in 3020-a hearings for 14 years, and I am fascinated by the Attorneys for the Department. They try, sometimes successfully, and sometimes not, to argue that any administrator can enter a classroom at any time, unannounced, stay for 15 minutes and draw up a report on the teacher which could get him/her fired, based on what was supposedly seen in the classroom. Principals lie, knowing they will never be held accountable for what they say except if they DONT follow the prepared script.

Under the Danielson Rubric, a set of standards where educators must be perfect in all classes, every day, and every minute, anyone can be found guilty of anything if an arbitrator makes the subjective opinions gathered in 15 minutes into "facts". That is the problem.

The defense at 3020-a consists of arguing bad faith, malice, and budgetary concerns as a way to unravel the lies in the observations. This is hard to do, but doable nonetheless. Never resign under any circumstances. And, if you read
"resign in order to retire", ask the DOE what that means before you retire.

Teacher Tenure rights - which in New York State remain public policy - no longer exist if we let this type of "subjective evaluation in order to terminate" to continue.

Why Observation Reports Should Not Be Used To Terminate a Tenured Employee by Betsy Combier


A useful guide on the evaluation process is below:
"Legal Aspects of Evaluation" by James Rapp, 1985.

And see Teacher Discipline by Katharine B. Stevens, PhD.

Betsy Combier
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

Here is the article I posted in 2013:

When a NYC DOE employee is served 3020-a papers, the moment is traumatic. Often, the specifications are false claims of absences which were due to many valid reasons, claims of extreme misconduct and/or incompetency, all created by some attorney at the Gotcha Squad.

For years, Mayor Mike Bloomberg and the NYC DOE he controls, with the full knowledge and consent of the United Federation of Teachers (UFT) and New York State United Teachers (NYSUT), have pushed out all teachers with tenure who are disabled, too tall, too black, too outspoken, too....something, with "U" ratings which are meaningless. The DOE will, in fact, change all these "U"s to "S" ratings if you irrevocably resign from the DOE within a very short time.

What they dont tell you, the tenured teacher, is that you are already on the "Ineligible/Inquiry List" or No Hire List, so you will never be hired by anyone anyway, whether or not you take the deal and exchange a fake U for an S on your record.

The city has a secret weapon to rub out incompetent teachers — an eraser.
NYPOST
LINK

If a teacher who is deemed a dud agrees to quit or retire before a termination trial, the Department of Education will wipe out all of her “unsatisfactory” or U ratings and — voilà — change them to S for “satisfactory,” thus helping her land a job elsewhere.

In an e-mail obtained by The Post, a DOE lawyer offers the deal to a teacher with U ratings two years in a row, grounds for dismissal.

“The department will provide, upon request, a neutral letter documenting her employment with the DOE and will convert her U ratings to S ratings in the DOE computer system.”

It adds, “Thus if she were to seek employment outside the DOE, her computer employment records would show only ‘satisfactory.’ ”

The teacher is accused of failing to carry out lessons, sloppy record keeping and poor classroom management, among other charges.

Former Chancellor Rudy Crew once called the shuffling of lousy principals from school to school “the dance of the lemons.”

Some educators share a disgust for a likewise dirty deed — the U whitewash.

“They’re making a mockery of the entire system,” a veteran teacher said. “If someone is found incompetent, it should go on their permanent record. The DOE should not be Monty Hall on ‘Let’s Make a Deal.’ ”

Betty Rosa, a member of the state Board of Regents and a former Bronx superintendent, called the document doctoring “unethical . . . a lie.”

But a hearing officer, who recently oversaw many such deals for suspect teachers idling away in departmental “rubber rooms,” hailed the method.

“It saves time, it saves money, and it gets guaranteed results,” he told The Post. “It’s morally right, because New York kids will not have to suffer with a teacher who’s allegedly incompetent. She’s out. She’s gone.”

Future employers, he said, can probe a teacher’s past.

The debate comes as the DOE and the United Federation of Teachers wrangle over a new evaluation system to rate teachers from “highly effective” to “ineffective.”

If they don’t agree by Jan. 17, the city will forfeit $250 million in state funds, Gov. Cuomo has warned.

In the 2010-11 school year, the DOE charged 78 teachers with incompetence, it says. Hearing officers agreed to terminate 18 after long administrative trials. Other teachers kept their jobs with lesser penalties, such as paying a fine or taking a course

But 49 settled and resigned or retired, bringing the total booted to 67.

Last year, the DOE charged 88 teachers with incompetence. It won just 11 dismissal cases but tossed 39 teachers who quit in settlements.

Betsy Combier, a paralegal who helps defend teachers in discipline cases, blasted the backroom maneuvers.

“It says to teachers, ‘We didn’t mean it when we brought you up on charges. Let someone else worry about how bad or good you are. We just want you out,’” Combier said.

But educators grab the deal to avoid the risk of being found guilty, which becomes public record.

A teacher who recently quit in exchange for erasing her two U ratings was accused of weak instruction, a lack of lesson plans and a disorganized classroom.

“She’s looking for work right now — anywhere. She’s going on interviews,” Combier said.

The DOE did not answer repeated requests for comment.

susan.edelman@nypost.com

COMMENTS

Betsy Combier · Advocate/Paralegal at Advocatz · 405 subscribers
The Bloomberg process was set up so that a Supervisor could "observe" a staff member, say he/she is not competent, not "effective", not (blank), and give him or her an unsatisfactory rating without any accountability for whether it is true or not. Then the so-called 'incompetent' is brought to 3020-a, where the same observations are accepted as facts, and boom the teacher is fired. The Gotcha Squad doesn't want to spend time and money giving these people due process, so they dreamed up the settlements in order to get them out faster, while still keeping total control. The goal is to get people out, not evaluate.

Jeff Kaufman · 89 years old
You have only a part of the story. What about supposed "U" rated teachers who are hired back to the DOE under different licenses? Or teachers who agree to transfer to becoming an ATR in exchange for the removal or guarantee that a U rating will disappear. In a large system you would always expect to find anecdotal evidence of wheeling and dealing but a large part of the U rating system is institutionally corrupt. When you can be given a U rating for reasons other than being unsatisfactory you can see how deep the corruption is. I fear whatever new evaluation system is in place as the hidden schemes will be more deeply embeded.

Joel Moss · Top Commenter
You constantly write about a teacher evaluation system by Jan.17 or all that state funding will be lost. So what, N.Y. won the ridiculous Race to The Top funding a couple of years ago and no one really knows what happened to the money nor is there any evidence it improved education in any way.You constantly blame the UFT for wanting a fair evaluation system, but the mayor and his cronies want a system which relies on state test scores when many teachers in the system are not involved in state wide testing in language and math. How are they to be judged?
In a system in which your mayor, supposedly in charge of education, compares the UFT to the NRA there is no real chance for fair agreement on anything.

Carol Wolf · Mason Gross School of the Arts
It takes two years of full-time study to earn a teaching credential, at a cost of about $20K, and then there's that year of teaching for no pay under a mentor. So, during that time no one notices that the teacher isn't competent? And can you promise that this evaluation system won't be used simply to cashier a teacher (say, the ones that have made it to the top of the pay scale)? That's what the tenure system was created for: to keep administrators (who make three times the salary, by the way) from firing experienced teachers because they now cost more money to pay. Or simply because they were annoyed by them. Schools full of cowed teachers, wow, who thinks that is a good idea?

Got a teacher you don't like? Load her class with all the worst kids (it's called a "loaded class") and then charge her with not keeping order, and being incompetent because she doesn't teach them anything. This system is ripe for abuse. Guess why tenure was such a good idea when it was put in place?

So, okay, if this is such a good idea, where is the equivalent evaluation system for doctors, lawyers and other professionals? Police, for example? Or, hey, I know, how about school administrators, and Congressmen? I know there's some kind of secret law these days that you can't even look at evaluating bankers, not even when they commit egregious fraud. But hey, we sure can beat up on the teachers!

So, under this kind of system, what kind of people are going to enter this former "profession" now?

Vincent Powell · Top Commenter
It's the system set up by teachers unions. if in fact incompetency was fired at will....like so many other jobs, then no rubber rooms, no administrative trials. Money spent on this foolishness would go toward educating our youth. And as the unions have always said..."its for the children".

Doreen Meyer · Top Commenter · Servite HS Detroit, MI
I've seen this happen not in schools, but in hospitals...where subpar nurses and doctors get shuffled around and edged out with the promise of an 'adequate' rating...and this was in an 'open shop'. It really has nothing to do with unions, but with the incompetence of supervisors, administrators (and their supporting boards of directors) who have neither a clue about how to examine workers nor how to document problems so that they'll 'stick' at termination. Without that, litigation begins...union or not. What we need is more training and 'gumption' in the upper echelons, which would get them out without 'bargains'.

Michael Reed · Top Commenter · Owner/ President at Self-Employed Consultant/Writer
Doreen - Doesn't make sense. Why would "open-shop", at-will employers (incompetent or not) shuffle around subpar med-pros? If there's no penalty for firing, what is their motivation - cash bribes or something? It seems they would be doubly motivated to fire because of potential legal liability to their business/employer and being held personally responsible & liable too? Please explain.

Doreen Meyer · Top Commenter · Servite HS Detroit, MI
Despite having an 'open-shop' hospitals are risk-averse. Physicians, particularly, will litigate terminations or 'lockouts' as being damaging to their 'good name' or as a 'trade restriction.' It takes a tremendous amount of documentation; most hospitals don't want this information to potentially end up in an open court, as it may also open them up to liability for continuing an MD whose practice has been known to be subpar. Nurses will also litigate, and often know where institutional secrets are 'buried', giving them leverage. It does sound as if they should be able to terminate at will, but they don't.
Good administrators--ones who know how to handle the process with little to no 'fallout'--are few and far between. Such actions are also usually highly 'political' and require a high level of skill and commitment to pull off.

Peter Goodman · Indiana University
Between 80-90% of cases in the civil and criminal courts are resolved through a plea bargain, why should teacher discipline cases differ... accusations do not mean a finding of guilt...

Ron Archetti · Top Commenter
Peter Goodman - The difference is that I'm not paying the defendants in civil and criminal courts to educate my children nor do I trust them with my child's care. It is exactly that kind of twisted mentality which you display with that ignorant comment that is the problem.

Park Windsor · Top Commenter
Can't wait till Bloomberg is over his ill gotten 3d term.

Glenda Barker · Top Commenter
As if this is the first lie told by these people... just get rid of them. They do more harm, then good.

Denise Fryburg · Top Commenter · Hunter College
Teachers are being given U ratings for just that reason, to make them resign. It has little to do, in most cases, with performance, but how much they make. No one should buy into this.

Robert Dunn · Top Commenter · Fordham University
This is just like the Catholic Church recycling pedophiles. If a teacher is not proficient, passing them off to another district is a disservice to the families of the next school.

Michael Reed · Top Commenter · Owner/ President at Self-Employed Consultant/Writer
Catholic Church and Peds? How about the NEA/AFT Peds with Teaching Certificates who get passed on by Schools to others? I've seen it twice that I'm certain of, and probably more often when it was better covered-up. News is full of both male and female teachers who've abused their students in mulltiple districts for years.

Ron Archetti · Top Commenter
As an employer, I would now be suspect of ANY applicant that listed the DOE under previous employment on their résumé. Hiring any one of them would be like buying a pig-in-a-poke.

William Lee · Top Commenter
What a system. These "unsatisfactory" teachers can now go somewhere else to "teach". This is what's wrong with unions - always protect the bad members.

Paul Girgenti · Top Commenter
we need to start firing them for failing our children.

Baz Clark · Works at University of Pikeville
Too bad common sense isn't!

Pua Tokumoto
As a retired school principal I can honestly say that an excellent teacher is the biggest indicator of a child's success in school. We are with a child at least 6 hours a day, five days a week, in a structured environment. This is powerful and a great teacher can influence a child sometimes much more than a parent.
Unfortunately, poor teachers hurt not only children but good teachers as well. I've had experience with the union trying so hard to get rid of really poor and incompetent teachers to no avail. Teachers who were passed around from school to school. Teachers who took up a good chunk of my resources when trying to change behavior by sending them to workshops, had mentor teachers work with them, etc. The school districts know this to be so true yet strong unions are there to back them up. We need teachers unions to work for the child as well as for the teacher. The unions must realize that the public is sick and tired of incompetent teachers who are still allowed to "teach" and yet students are not learning. We are headed for disaster as a country unless the unions work with the school district in upgrading the caliber of teachers. Most teachers want to teach and play a strong role in the lives of children.
Work with the school district to keep great teachers and kick out the poor teachers. Our kids deserve no less.

Michael Reed · Top Commenter · Owner/ President at Self-Employed Consultant/Writer
Gotta' love this! NYC is chicagoing! They bribe Education Professionals (NEA/AFT members) into leaving with a promise of passing them on to some other unsuspecting sucker school district with falsified documentation. How nice, how professional and who is being held accountable for this fraud?

Peter Hirsch · Port Washington, New York
I'm sure this was a concession to the Teacher's Union, the most Evil Union On The Planet. Creates the most waste and disfunction of any organization known to Man.

Scott Manlin · Subscribe · Managing Member at Bonvivino Capital, LLC
Gotta love government

Abul Rahman · Rutgers University - College Avenue Campus
Sick

Cindy Right · Subscribe · Top Commenter
They'll just get a job at another school.....just passing the buck again. Libtards will never let anyone fix a problem.....evil butt holes.

Jan Snipes · Las Vegas, Nevada
Doesn't this just perpetuate the problem? This is why good administrators who work to change poor teachers are made out to be the bad guys.

Valerie Hofheins · University of Phoenix
...and then those teachers apply to CCSD..

Katherine Walden · Works at I'm retired
I'm one of those teachers, Val. I had a terrible eval my very first year in Prospect, and I was terrible. When I got hired I told them that it was my first year and that I would need help. I got nothing but a bad evaluation. They changed it to a satisfactory one after I agreed to not return. So when CCSD hired me, I was that teacher. But, I got better. I had help--Vandolah, Christine Jannette, Jan Snipes, even you, Val. Teachers need help being better.

Charlie Riley · Top Commenter · Electronics Supervisor at Uncle Sam
They will qualified to teach honors classes in Chicago or Detroit.

Sunday, August 3, 2014

The DOE Scripts on How To Get Rid of an "Incompetent" Teacher

Reposted for your information:

The Performance Management Program Manual handed out by the DOE to help Principals and Superintendants to get rid of teachers has the PIP+ letter inside.

PIP+ is a program designed to terminate teachers at 3020-a.

The Performance Management manual has the scripts to help DOE administrators get rid of a tenured teacher.

Betsy Combier


The Script: How To Get Rid Of An "Incompetent" Teacher

The NYC Teacher Performance Management Termination Script
Parentadvocates.org
LINK

 The How To Get Rid Of Tenured Teachers document scripts the entire process of getting rid of a teacher who is, according to somebody with power and influence, "incompetent" - whatever that means. In NYC Mayor Bloomberg leaves nothing to chance. He wants tenure to end, and I have the scripts written as "letters" where principals fill in the blanks.
The UFT is as much at fault here as the NYC Department of Education, because Mike Mulgrew, Ellie Engler, Mike Mendel, Claude Hersh and Richard Casagrande (NYSUT) allowed the PIP+ process (a violation of the Collective Bargaining Agreement evaluations clause) and the "guidelines" posted below to be used against any teacher, not defined as good or bad by any data or facts.
 
Betsy Combier

The NYC Teacher Performance Management Termination Script

As most people now know, the NYC Department of Education wants to get rid of all tenured employees of the Department. These people are, it is said, lazy, incompetent, and harmful to the health, safety, and welfare of children, and should never have been given a job for life (tenured position).

In fact, the NYC DOE wants teachers with tenure out so badly that they will gladly alter your performance record and change your U ratings to S ratings if you sign your name to a settlement agreement saying you will immediately and irrevocably resign. And you can never sue the Department for any reason.

As I have written many times before, this is a sad joke on the employee, who, thinking that the settlement is a great idea, signs it, and then cannot get a job anywhere else. Why? Because he/she did not demand a giveback - his/her removal from the "Ineligible/Inquiry List". This List is the same as the anti-communist protests of the '50's under Joseph McCarthy. There is no rational reason for the mobbing of individuals simply because they used to work for the Department of Education.

Yet, the United Federation of Teachers (UFT) may deny that the Ineligible/Inquiry List exists, so that Special Representatives may continue to earn astonishing sums of money (members' dues) while doing nothing. All the UNITY caucus and UFT Special Reps. say in private that every re-assigned member is "guilty" of whatever is charged against them. There is no effort to help any member win his/her U-rating appeal, grievance, or 3020-a, for that matter. And, it does not matter if this is unfair, as can be seen in the Special Complaint filed by Gail Friedman. The 2005 UFT contract took away the right to grieve "unfairness".

Anyway, the basic bottom line is, to get tenured (and expensive) teachers out of the system in order to hire two newbie teachers for the price of one. The rating and evaluation processes have nothing to do with individual performance. A person may be Teacher of The Year, but if he/she makes too much money, out he/she must go.

Of course Mayor Bloomberg is a control freak. He does not have too much faith in the capabilities of anyone to accomplish quickly and efficiently what he wants (i.e., get rid of tenure and tenured teachers). Therefore, he created the Teacher Performance Unit in 2007, and opened a new floor - the 7th - at 51 Chambers Street to accommodate the expedited hearings under the TPU, the "incompetency" 3020-a.
These are all expedited and there is no room for error.

Mike Bloomberg had his underlings create a script for all the Principals who may not be aware of how to quickly get rid of a teacher in the building. The Office of Labor Relations is at the same location as the Gotcha Squad, and drew up, in 2007, the document below. I was given this document several months ago by a principal.

I turned around the first couple of pages from the original, in order to make for easier reading:

Saturday, January 12, 2013


The Gotcha Squad and How the TPU Charges Teachers


To the New York State legislature: 
please review and change the 3020-a/grievance/U-rating Appeal process! As it exists right now, this process is not fair, balanced, factual, rational or beneficial to children who need to have good teachers in their classrooms.

Thank you.

Betsy Combier

With the talk about evaluation and teacher performance coming to the deadline for getting $millions here in NYC, I am listing the documents which I have posted on my website (Parentadvocates.org) and this blog that are important to the argument that teachers have not been fairly assessed, and tenure rights have been generally ignored under the umbrella of a sham version of "due process".

The RMC Contracts and Training Manual for the PIP+, TAC memos, Performance Management document, and the Office of Labor Relations' Disciplining Teachers are all now available to anyone.
These documents reveal that there is, actually, no data being used to assess teachers, and observations are simply a higher-up's opinion, or hearsay, and are not final determinations (Elentuck v Green). According to the case McPherson v NYC DOE this hearsay is not enough to prove that the process is arbitrary in a federal court, and I think that observations without data (such as test scores, student grades and IEPs, OORS and SOHO reports) are not enough to prove by any standard that a teacher is not effective.
A few guidelines: Do NOT, under any circumstances, sign up for PIP+. This program is designed to get you terminated. PIP+ is in the CBA as "approved". If you turn it down as I suggest (I am not a lawyer and cannot give legal advice) and you are brought to 3020-a, the DOE's argument will be that you turned it down because you will not recognize how bad you are as a teacher. Your argument is that the PIP+ process is designed to create the necessary documentation to terminate you, and you will not succumb to a set-up where the principal gets the observations and can change them before they are given to you. Or something along those lines. All the documents below are used by the Gotcha Squad to get rid of tenured teachers, who are already defined as "incompetent". Notice I say "defined" as opposed to "determined". The bizarre fact of the incompetency hearings are that if a principal says you are an "ineffective" teacher", this suddenly is transformed into a fact. 

Unfortunately, at 3020-a, NYSUT has not brought in any factual data that would help support another argument, and the teacher is terminated on the basis of hearsay. Ask your NYSUT attorney when you meet with him/her how many cases he/she has won. There are many reasons why NYSUT Attorneys do not win their cases (the arbitrator makes a difference as well - there are strong, fair arbitrators on the 3020-a panel, and weak unfair as well).

 When a principal finds Just Cause to terminate you, the NYC Department of Education takes this as not as hearsay/opinion, but "Fact". And here's the problem: UFT and NYSUT believe the opinion of a principal is a fact, too. 

The denial of rights started with this:
Letter to the U.S. Department of Justice from NYC Corporation Counsel Michael Cardozo

 Pages index -11
Pages 12-25
Pages 26-41
Pages 42-58
Pages 59-80

 Editorial: The New York City DOE is a Sham and Mike Bloomberg is the Flim-Flam Man
David Brodsky
  
Education Law 2590-h (The NYC Chancellor MUST have a contract)
  PIP+ Peer Observation and Evaluation
The Administrative Trials Unit (ATU) has hired a team of lawyers who work in a new ATU subgroup called "Teacher Performance Unit". Randi Weingarten, President of the United Federation of Teachers and American Federation of Teachers, calls them the "Gotcha Squad". The use of TAC (Technical Assistance Conference) memos in the preparation of charges to prefer against allegedly incompetent teachers is an outrageous process that I hope, with this exposure, will end.

In New York City, tenured teachers are being removed from their classrooms and positions by Principals and administrators suddenly and, in many cases, without probable and/or just cause. In fact, the entire structure of the New York City Department/Board of Education is intertwined with the General Counsel and the lawyers working in the Office of Legal Services. It's hard to separate the two, and this is one of the biggest problems with Mayoral control as it now stands in New York City. The New York City Board of Education ("NYC BOE") keeps all documents and information secret under the description "Attorney Client Privilege".

However, the BOE gladly gives journalists all the information he or she wants, to "prove" by a preponderance of the evidence that a teacher is guilty of something. Steve Brill's article in the New Yorker magazine is a great example of this.

A teacher may be accused of "verbal abuse" or "corporal punishment" in the same way as being charged with "incompetence" - see the story of Glenn Storman, his complaint in federal court, and the decision in New York State Supreme Court where Judge Kornreich said the OSI investigation and the New York City BOE were "irrational". But this did not stop the NYC BOE, PS 212 Principal Josephine Marsella, OSI investigator Dennis Boyles, and Deputy Chancellors Andres Alonso and Marcia Lyles, both of whom have left New York City. We might ask Joel Klein if Alonso and Lyles were forced out because of this case. Read the Report and Recommendation filed by Magistrate Judge Andrew Peck and you will get a very good summary of the "Gotcha Squad" at work.

The Gotcha Squad is empowered by the absolute immunity given to NYC BOE managers and administrators, who are defended in court by the Corporation Counsel, the Law Department of the City of New York...nice free legal help. Additionally, the arbitrators and NYC BOE Attorneys in the 3020-a proceedings ignore the "Labor FAQs" of the collective bargaining agreement policies established between the NYC BOE nd the UFT, all the time. I know, because I have attended the open and public 3020-a hearings of tenured teachers since 2003.

It is obvious that the Mayor has total control over every part of the public school governance structure. A tenured teacher has no rights at all, and can be removed as easily as a non-tenured teacher or any employee. The tenured teachers have holding pens called temporary re-assignment centers or "rubber rooms". There are currently 7 such places located throughout New York City. A teacher may end up re-assigned because a principal may decide that he/she doesnt like him/her, must remove a him/her because he/she is talking about crimes being committed in the school, or must remove a him/her because he/she is earning a salary that is very high due to more than 20 years in the system, etc. The real reason may be that the teacher is too old, too fat, too short, wears red, doesn't wear red, and other such nonsense.

Then, after the Gotcha Squad at 51 Chambers Street in Manhattan have been informed that a teacher, let's say you, are the subject of an investigation, Director Theresa Europe may place you on her "Ineligible/inquiry List". This list is keyed into the computer under your social security and file number, and will prevent any prospective employer from hiring you any time in the future. Theresa Europe gets the last word. In the case of Philomena Brennan, she wanted Ms. Theresa Europe to take her off of the "no hire" list, and had to sue to get her name removed. Ms. Europe removed her name from the Ineligible List rather than have to submit to New York State Supreme Court Judge Alice Schlesinger why and how she keeps such a list, and the method she uses to remove names, as Schlesinger ordered.. Theresa Europe wants to remain in control of this career-ending list.

We all must defend our right to know who is saying what to whom. In New York City today, however, I believe that the NYC BOE's secret disciplinary process is unfair and I have posted this story to hopefully find another, more just way to deal with alleged "incompetent" teachers, whatever that term means. (See "Strategic Management of Human Capital")

The Teacher Performance Unit (“TPU”) is a unit comprised of experienced attorneys who litigate incompetence cases against ineffective tenured pedagogues. This unit provides counsel to principals and other school officials in connection with the preparation and litigation of 3020-a disciplinary charges involving allegations of incompetence. TPU’s goal is to help principals improve teacher quality in their schools by bringing and litigating these cases in a thorough, expeditious and effective manner.

The Labor Support Unit (“LSU”) is comprised of education consultants who work in partnership with TPU to provide direct support to principals who are confronted with ineffective tenured pedagogues. The goal of LSU is to work with the principal to help them design support plans for ineffective tenured pedagogues, to provide guidance and general assistance to the principal; to assist the principal in organizing the documentation; to conduct additional observations upon request of the principal; and to coordinate with the Peer Intervention-Plus (PIP+) Program and Teacher Performance Unit. (See Peer Intervention Program)

Marcia Lyles

The problem is, well...one of the problems is: what does "incompetence" mean? Who defines whether or not a teacher is, really, "incompetent"? The No Child Left Behind legislation requires that every classroom have a highly qualified teacher in every classroom. The problem with this is, what does the term “highly qualified” mean? Who is a “good” teacher and who is a “bad” teacher? We have no ‘American standard’ to help us define what it means to be a “good” teacher, other than to record the scores on standardized tests of students in each class. There are thousands of reports on how this happens, but in the end, defining a “good” performance is almost always a subjective judgment.

The parents of public school children and the teachers of the public schools in NYC know that Mayor Bloomberg and NYC BOE CEO (the Chancellor) do not want anyone to have any power over educational policy decisions except them, and their people. So they designed a process which I call the "rubberization" process to remove anyone from his or her job for any reason, at any time.

How The New York City "Gotcha Squad" Gets Tenured Teachers Declared "Incompetent", and Placed in a Rubber Room 
by Betsy Combier
LINK 

and Los Angeles has a similar situation:

http://america.aljazeera.com/watch/shows/america-tonight/articles/2014/8/1/inside-l-a-a-s-teacherjaileducatorsarebrokendepressedsuicidal.html

Sunday, March 15, 2009

The "Gotcha Squad" and the New York City Rubber Rooms

Joel Klein
The New York City Rubber Room Anti-Teacher Charging Process Shows How Corrupt the Carmen Farina-Bill De Blasio Department of Education Really Is. by Betsy Combier

Dennis Walcott

How The New York City "Gotcha Squad" Gets Tenured Teachers Declared "Incompetent", and Placed in a Rubber Room by Betsy Combier

The Administrative Trials Unit (ATU) has hired a team of lawyers who work in a new ATU subgroup called "Teacher Performance Unit". In the Office of Legal Services' newsletter  "On The Legal Side" from 2000 you can read about the people involved. On page 4 you will find a picture of Theresa Europe, the current Director of the ATU. Randi Weingarten, President of the United Federation of Teachers and American Federation of Teachers, calls them the "Teacher Gotcha Squad". The use of TAC (Technical Assistance Conference) memos (the Office of Labor Relations has a 2007 version of the Principal's 'How To Get Rid Of A Teacher" Manual) in the preparation of charges to prefer against allegedly incompetent teachers was published in 2004, as Labor FAQs from the Office of Labor Relations. The New York State School Boards Association has published a report with recommendations to reform this expensive process.

Carmen Farina


We all must defend our right to know who is saying what to whom. In New York City today, however, the NYC BOE's secret disciplinary process is unfair and this process of pursuing false claims as fact must be changed. The word "incompetency" cannot be arbitrarily given to anyone at the whim of a principal, it must be applied according to a set standard so there can be a pre-determined penalty for the level of "misconduct" now labelled as "unsatisfactory performance". Otherwise, there is mayhem, terror, and chaos.

Mecca Santana

A partner office, OEO, is also a problem. Teachers are going to the "new" Office of Equal Opportunity to resolve issues of whistleblower retaliation, discrimination, and other such complaints, but OEO is a wholly-owned subsidiary of the New York City Department of Education and is not neutral in it's determination of probable cause.OEO's new Director, Mecca Santana (pictured above), denies complaints without explanation, siding with the NYC DOE on every issue.
In New York City, tenured teachers are being removed from their classrooms and positions by Principals and administrators suddenly and, in many cases, without probable cause. In fact, the entire structure of the New York City Department/Board of Education is intertwined with the General Counsel and the lawyers working in the Office of Legal Services. It's hard to separate the two, and this is one of the biggest problems with Mayoral control as it now stands in New York City. The New York City Board of Education ("NYC BOE") keeps all documents and information secret under the description "Attorney Client Privilege".

The entire process is fueled, edited, created, guided, and managed, by the lawyers at the Office of General Counsel, or the group that I call "The Gotcha Squad". A peek into this highly secret world wherein a person is framed and set up to be terminated can be seen in the documents of a teacher in Staten Island, found in his file. He has given me permission to use these documents as they are so explosive, and show the fraud that is known as charging teachers in NYC. A principal, here James McKeon, supposedly finds "Just Cause" when indeed it is not his finding at all, but that of the attorneys at 51 Chambers Street, the Gotcha Squad. See on p. 4 that McKeon is NOT supposed to discuss any of the making up of the charges by Theresa Europe and her crew.
 The end result of the secret exchanges can be seen by clicking this sentence.
The reason for Joel Klein's lack of contract as Chancellor (See my article "The Who Are You Kidding?? Award Goes To: Joel Klein, New York City Board of Education Pretender") is to pursue secrecy within the NYC BOE by establishing him as the Attorney for the NYC BOE, not the Chancellor. Thus he has the ability to refrain from handing over documents if he deems these papers "Attorney Client Work Product" (see here as well). Federal laws take second place to secrecy. Also, the Corporation Counsel prevents any Plaintiffs from deposing Joel Klein if he is sued officially and individually on the grounds that he is the Attorney for the Board of Education.


It is obvious that the Mayor has total control over every part of the public school governance structure. A tenured teacher has no rights at all, and can be removed as easily as a non-tenured teacher or any employee. The tenured teachers have holding pens called temporary re-assignment centers or "rubber rooms". There are currently 7 such places located throughout New York City. A teacher may end up re-assigned because a principal may decide that he/she doesnt like him/her, must remove a him/her because he/she is talking about crimes being committed in the school, or must remove a him/her because he/she is earning a salary that is very high due to more than 20 years in the system, etc. The real reason may be that the teacher is too old, too fat, too short, wears red, doesn't wear red, and other such nonsense.

The principal makes the decision who stays and who goes, and this decision-making is done secretly with emails to/from the principal and the TPU, and the teacher being placed on the ineligible/inquiry list. To start, read the letter sent by Florrie Chapin, Director of the Teacher Performance Unit. You can see that a Principal is the driving force behind a teacher's termination, and the documentation that the TPU gets is based upon what the Principal sends to the Unit. Ask yourself this question: if a teacher has received commendations and satisfactory ratings, what is there in the process that could stop a Principal from discarding these positive reviews, or simply not sending them to a TPU attorney? Records tampering is rampant throughout the NYC DOE.
freedom of information request was filed to obtain the TAC memos that were emailed to/from the TPU lawyers, Elizabeth "Betsy" Arons (NOT me) and Florie Chapin, Director of the TPU, and received 79 pages of emails as well as the names of the TPU lawyers (the "Gotcha Squad") was received .  The way the process works is this: after a principal requests a TAC, the charges are prepared, and the teacher is declared "incompetent" without his/her knowing anything about it. The TAC is considered privileged information and the teacher, about whom the TAC is about, will not be able to obtain these memos.

Tenured teachers who have been given more than one U (unsatisfactory) rating and have not "improved" according to random standards of the administration, are declared incompetent, and then they become the focus of the Teacher Performance Unit or TPU. The TPU is a group of lawyers who work in the Administrative Trials Unit (ATU) of the New York City Board of Education.

The ATU is described below on the NYC BOE website:

The Administrative Trials Unit is responsible for the prosecution of disciplinary cases.

ATU is available for trainings and advice on how to discipline a tenured employee or permanent civil servant and also to review documentation as it relates to the discipline process. If appropriate, ATU may draft charges under Education Law, Section 3020-a or Section 75 of the Civil Service Law against the subject employee. This process entails a joint effort by the principal and/or supervisor along with the ATU attorney to litigate a case against the employee either for the purposes of progressive discipline or to seek the employee's termination. Should you seek charges, you must schedule a Technical Assistance Conference (TAC) with ATU for a complete review of the employee's personnel file and any related discussions.

Theresa Europe , Director
(212) 374-6749
TEurope@schools.nyc.gov


Patria Frias-Colon , Deputy Director
(212) 374-6754
pfrias@schools.nyc.gov
Patria, (pictured above) originally from the Dominican Republic, is a proud wife and mother of three children. Patria serves as the Assistant Deputy Counsel to the Chancellor at the New York City Department of Education, an organization that services 1.1 million children. She holds a Bachelors Degree from the University of Rochester and a Law Degree from Hofstra University. In addition to working for City government, Patria is also an adjunct professor at St. John's University School of Education where she teaches a course on the legal aspects of school administration.

want to work there? Here is the personnel ad:

Teacher Performance Unit Litigation Attorney
Tracking Code 6036
Job Description

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 under the Children First reforms 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.

Reports to: Executive Deputy Counsel

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 3020a 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 to school leaders, counsel and training to Superintendents, Principals, and their designees on disciplinary procedures with an emphasis on documenting incompetence and poor performance.
* Acts as liaison to executives within the Department and to members of other City agencies.

QUALIFICATIONS

Minimum Requirements

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

NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

Preferred

* Litigation experience.
* Excellent research, analytic and communication skills.
* Ability to rapidly understand provisions of applicable law and regulations.
* Ability to write clearly and concisely.

Salary: $75,962+

Resumes will be reviewed on an ongoing basis. We encourage applicants to apply as soon as possible. Applicants must submit a cover letter and resume to be considered for this position.

NOTE: The filling of all positions is subject to budget availability.

The New York City Board of Education (NYC BOE) has this description on the website:

Teacher Performance Unit

This letter and the accompanying materials are to familiarize you with the New York City Department of Education’s new Teacher Performance and Labor Support Units.

The Teacher Performance Unit(“TPU”) is a new unit comprised of experienced attorneys who will litigate incompetence cases against ineffective tenured pedagogues. This unit will provide counsel to principals and other school officials in connection with the preparation and litigation of 3020-a disciplinary charges involving allegations of incompetence. (See LEXIS/NEXUS for a detailed overview). TPU’s goal is to help principals improve teacher quality in their schools by bringing and litigating these cases in a thorough, expeditious and effective manner.

The Labor Support Unit (“LSU”) is comprised of education consultants who will work in partnership with TPU to provide direct support to principals who are confronted with ineffective tenured pedagogues. The goal of LSU is to work with the principal to help them design support plans for ineffective tenured pedagogues, to provide guidance and general assistance to the principal; to assist the principal in organizing the documentation; to conduct additional observations upon request of the principal; and to coordinate with the Peer Intervention-Plus (PIP+) Program and Teacher Performance Unit.

To greater assist your understanding of the process I have included a brief summary of TPU’s procedures and policies:

First, if you wish to discuss the case either formally or informally with a representative of TPU, please contact the Teacher Performance Unit at the Office of the General Counsel. To schedule a Technical Assistance Conference (“TAC” or “case conference”) please submit, by fax or email a completed TAC request form. (The TAC Request Form is included in this packet of supporting documents.)

Once a TAC has been scheduled, the principal or another school official should submit to TPU a completed TPU principal checklist (also included in the packet) along with the requested supporting documentation. To expedite the process, please ensure all the documentation has been forwarded to TPU prior to the date of the case conference. The pedagogue’s entire personnel file, all rating sheets (including any which document satisfactory ratings), along with the accompanying letters to the file, and the observation reports to support the unsatisfactory rating are key pieces of evidence. In addition, all the materials demonstrating the Department’s efforts at remediation and offers of professional development should be included in the packet (a sample is included in the packet).

During the case conference, the TPU Director and staff attorneys will meet with the principal to discuss the relevant documentation, and provide advice and guidance. After the case has been carefully reviewed a determination will be made by TPU in consultation with the principal whether to commence the 3020-a process at that time. If TPU decides to accept the case a letter will be sent to the principal indicating that the tenured pedagogue will be charged. At such time, TPU will recommend that the teacher be removed from the classroom and assigned to administrative duties. If a principal requests that a pedagogue be removed for incompetence prior to a TAC with TPU, that request must be approved by the TPU Director, and such requests will be reviewed on an expedited basis.

Alternatively, if a determination is made that the case should not proceed forward, a letter will be sent to the principal indicating the reasons and advising the principal on what action should be taken next. In such instances, TPU and LSU will continue to offer high quality and responsive support to the principal, which will include providing ineffective tenured teachers with quality professional development.

On behalf of TPU, I look forward to working with each of you in the future. Should you have any questions about the materials provided in this packet, the TAC process, or if you have other questions, please feel free to contact me. Sincerely,
Florrie Chapin
Director, Teacher Performance Unit

A New Effort to Remove Bad Teachers
By ELISSA GOOTMAN, NY TIMES, Nov. 15, 2007




The Bloomberg administration is beginning a drive to remove unsatisfactory teachers, hiring new teams of lawyers and consultants who will help principals build cases against tenured teachers who they believe are not up to the job. It is also urging principals to get rid of sub-par novices before they earn tenure.

At the center of the effort is a new Teacher Performance Unit of five lawyers, headed by a former prosecutor fresh from convicting a former private school principal who had a sexual relationship with a student.

A separate team of five consultants, including former principals, will work with principals to improve struggling teachers’ performance. In cases where the teachers fail to get better, the consultants will help amass the documentation necessary to oust them.

The plans, at a cost of $1 million a year, are described in a memo and an accompanying letter to principals from Schools Chancellor Joel I. Klein. In the letter, he urged principals to help teachers improve but added, “When action must be taken, the disciplinary system for tenured teachers is so time-consuming and burdensome that what is already a stressful task becomes so onerous that relatively few principals are willing to tackle it. As a result, in a typical year only about one-hundredth of 1 percent of tenured teachers are removed for ineffective performance.

“This issue simply must be tackled,” he wrote.

In the memo, Dan Weisberg, the Education Department’s chief executive for labor policy and implementation, wrote that the Teacher Performance Unit “represents a significant infusion of resources that will ensure we have the capacity to seek the removal of all ineffective tenured teachers who, in spite of receiving the time and support sufficient to allow them to substantially improve, won’t or can’t do it.”

The unit, Mr. Weisberg wrote, “will also allow us to seek discipline where appropriate in a wider range of cases than before.” The unit is being run by Florence Chapin, a former Manhattan assistant district attorney.

Randi Weingarten, the president of the city’s teachers union, the United Federation of Teachers, called the lawyers a “teacher gotcha unit” and said she found it “disgusting” that the Education Department would issue such a memo after the release of new school report cards that bluntly grade schools A through F.

“We’ve always been concerned that the first thing that would happen after somebody put out progress reports would be principals would go after teachers,” Ms. Weingarten said. “Basically, it’s signaling to principals that rather than working to support teachers, the school system is going to give you a way to try to get rid of teachers.”

New York City has roughly 80,000 public school teachers, and once they receive tenure it is notoriously difficult to remove them, because of the union contract and state labor law, which guards the rights of tenured public employees with an elaborate process of hearings and appeals.

Only about 10 to 15 tenured teachers a year leave the system after being charged with incompetence. Other teachers are removed for outright misconduct.

More than 700 school employees, mostly teachers, are now assigned to centers known as “rubber rooms,” after having been removed from the classroom. While school officials say those employees are under investigation or at some stage in the disciplinary process, teachers’ union officials say that many have had no charges filed against them.

Mr. Klein has long spoken out against three poles of the civil service system for teachers — seniority rights, lifetime tenure and lock-step pay.

The city and Ms. Weingarten recently agreed on a plan to reward teachers for outstanding performance by allowing successful schools to compete for bonuses that would allow them to dole out extra pay to teachers.

The push to remove bad teachers represents the flip side of the equation and comes as the city is less than a year into an effort to get principals to more rigorously review probationary teachers who are up for tenure.

Mr. Weisberg said in an interview that he did not know how many tenured teachers would be removed. He said there “probably will be an increase” in incompetence charges.

“I believe very strongly that the number of these struggling tenured teachers is very small compared to the total number of teachers, but even if it is 1 percent, even if it is half of 1 percent, we have to address it,” he said.

Since the mayor earlier this year announced a more rigorous tenure review process for probationary teachers, the numbers denied tenure at the end of the three-year probationary period has increased modestly.

Since late March, when the new system started, 66 probationary teachers were denied tenure , or 1.3 percent of those eligible. In the previous school year tenure was denied to 25 teachers, or .5 percent of those eligible.

In addition, 115 teachers had their probationary period extended this year, up from 30 in the previous year.

Mr. Weisberg’s memo also described a new program, agreed to by the teachers union, under which principals can call upon teachers from outside the school system to spend three months observing tenured teachers in danger of being disciplined for incompetence.

The memo said that while the outside teachers may help floundering teachers, their written evaluations would also “likely carry a great deal of weight in disciplinary proceedings seeking the teacher’s termination.”

New Monastic Individuals

Thursday, November 15, 2007
The Teacher Performance Unit
By Roger Conway (pictured at left)

Here we go again. Yet again another game plan has been offered to cure the ills of American education, especially urban education. New York City's Bloomberg administration is implementing the the Teacher performance Unit to help principals "build cases against tenured teachers who they believe are not up to the job." This seems like old hash warmed over, but the new ingredient is that they are bringing in "teams" of lawyers and "consultants" (including former principals!) to worm their way around the state and federal work laws so they can "improve" everything. This quantitative approach will also apply to those teachers applying for tenure whose applications languish in bureaucratic limbo, because they, too, have been deemed not ("quite", I guess) "up to the job." And what is the bottom line for this panacea? $1,000,000 per year.

A definition is in order. Here it is from the mule's mouth: The Teacher Performance Unit "represents a significant infusion of resources that will ensure we have the capacity to seek the removal of all ineffective teachers who, in spite of receiving the time and support sufficient to allow them to substantially improve, won't or can't do it." I guess the composer of this statement had trouble with split infinitives and the basics of syntax in middle school English. Or a demon not-up-to-the-job teacher short-changed him or her.

Let's forget all the obvious stuff that's been harangued over forever, like using the system to settle in-house political differences, using it for personal punitive reasons, using it for blackmail, using it against burned out teachers, etc. Let's do something these government administration people have not yet thought about. Let's try to understand the elements of a school's culture that have a direct impact on teacher performance.
1. The culture of the community that the school serves. What are the behavioral norms of the community? What are the community's expectations of the schools responsibilities beyond effective learning of subject matter (such as providing meals, contraceptives, psychological counseling, warehousing of non- and reluctant learners, etc.)?
2. The culture of the school. (This is the one nobody, especially those with degrees in "educational leadership", including "former principals" want to talk about.) What is the learning milieu of the school building? (Sorry, sometimes French is all that will do.) Do the students, teachers and administrators have the same reasons for being there, namely that education is the only important thing that goes on there? Is anything less important ruled out of final decisions? Do teachers understand that each has special value and that that value can be shared uncompromisingly with their colleagues, teachers and administrators alike? Are experiments in teaching techniques encouraged? Are they facilitated financially and structurally? Is each student considered a learner or merely an integer?
3. $1 million for "the removal of ineffective teachers" speaks volumes. Please understand. As both student and teacher, I know about ineffective teachers, But I also know that learning to be effective requires both #1 and #2. I began my career in an inner city system. It offered only negative guidance; do this or else, and don't do that. The following year I went to a suburban school and worked 2 years in a specialized program, which involved me doing the verbal skills academic support of a vocational training program. My job: Get the students to articulate clearly in English. I had free rein to experiment. From there I went to a more exclusive suburb (i.e., more $$$ per family) and worked as part of a team to build a K-12 writing program (the community gave financial and structural support, and it expected competitive learning to occur at all grade levels to get its children into the highest competitive colleges…case closed, any questions?). That experience was inspiring, and the teachers, with full encouragement and support from administrators, gave their full energies to make it work.

The Teacher Performance Unit scheme also includes bonuses to reward schools and to allow them "to dole out" (what a revealing choice of word!) extra pay to teachers. That's the old toss of the bone, so typical of the quantitative approach. And I think bonuses are OK. Once you figure out how to distinguish among good, better and best teachers, you can go ahead and implement them. But first, let's take care of numbers 1, 2 and 3. Use the cool million to deal with the really tough stuff about excellence in learning.

And finally, regarding No Child Left Behind, has anyone figured out where the ones who are not left behind are going? Are they all going to college? The students I had in the vocational ed. program couldn't wait to get into the auto repair and auto body shops. If we're preparing students to be all that they can be, let's remember those students.

The entire ATU/TPU/TAC process infuriated the UFT leadership. The UFT voted to condemn the TPU.



The problem is, well...one of the problems is: what does "incompetence" mean? Who defines whether or not a teacher is, really, "incompetent"? The No Child Left Behind legislation requires that every classroom have a highly qualified teacher in every classroom. The problem with this is, what does the term “highly qualified” mean? A person with one or more advanced degrees? What about if this teacher is certified to teach french, but the Principal places him/her in a biology class?

Who is a “good” teacher and who is a “bad” teacher? Anyone with children knows a good teacher from a bad teacher. I have four children and to me, a "good" teacher is a person who makes the curriculum interesting, understandable, and encourages my daughters to seek information about the subject as well as to work hard and do their personal best. 'Good teaching' is always a subjective opinion which can only be judged by someone who sits inside the classroom, and incompetence cannot be proven by one person at an administrative trial nor can it be determined by one person - a principal or AP - in one visit or with an agenda (i.e. to get rid of the teacher).

We have no ‘American standard’ to help us define what it means to be a “good” teacher, other than to record the scores on standardized tests of students in each class. There are thousands of reports on how this happens, but in the end, defining a “good” performance is always a subjective judgment.

The parents of public school children and the teachers of the public schools in NYC know that Mayor Bloomberg and NYC BOE CEO Joel Klein dont want anyone to have any power over educational policy decisions except them, and their people. Read my article "Editorial: The New York City Department of Education is a Sham and Mike Bloomberg is the Flim-Flam Man" So they designed a process which I call the "rubberization" process to remove anyone from his or her job for any reason, at any time. Mr. Klein, not an educator, was brought in to be CEO (he is not chancellor because he has no contract) in order to be the Attorney for the NYC Department of Education and squash any and all efforts to make the DOE transparent or accountable to the public. Teachers who sue Mr. Klein individually and officially never get to depose him because the NY State Supreme Court says that he is the Attorney for the DOE/BOE ( the name New York City Board of Education was never changed legally) and therefore information must be kept confidential between Principals, administrators, and the Corporation Counsel, Office of Legal Services, as well as the ATU.

Thus, the reason for the Technical Assistance Conference or TAC, in which the employee is not involved.

UFT
Know your rights
Disciplinary action and false accusations

LINK
Feb 19, 2009 10:17 AM

Despite many attempts to undercut it, section 3020-a of the State Education Law provides for due process before a tenured pedagogue can be disciplined, including termination for charges such as incompetence, insubordination, corporal punishment or sexual misconduct.

If the New York City Department of Education serves you with disciplinary charges pursuant to Education Law Section 3020-a, you should immediately contact your UFT borough office. The UFT will assist you in filing the necessary forms and arrange, if you choose, for you to be assigned legal counsel from the New York State United Teachers. A Hearing Officer jointly agreed upon by the UFT and DOE will conduct a hearing. If the hearing officer finds you guilty of any of the charges, discipline can be imposed. The discipline may range from a written reprimand, monetary fine or suspension without pay to the loss of your job. If you are terminated, you will also lose your New York City teaching license(s). However, your permanent state certifications cannot be revoked without another hearing.



In some cases, teachers awaiting charges are removed from their schools and assigned to Temporary Reassignment Centers until the investigations are complete or their cases are adjudicated in a 3020-a proceeding. A recent agreement between the UFT and DOE states that, absent unusual circumstances, allegations being investigated by principals will not result in an employee being removed from his or her school. The agreement also requires that an employee be notified of the grounds for his or her reassignment or that an employee is being investigated by the special commissioner of investigation (SCI). In the agreement, the DOE states that it will diligently attempt to complete all investigations by the chancellor’s Office of Special Investigations within 90 days. Further, you must be formally charged within six months from being reassigned or returned to your school unless you are being investigated by the SCI or your case involves criminal charges. If you are returned to your school after six months, the DOE may still bring disciplinary charges against you.

You are paid while you are reassigned except if you were found guilty or pled guilt to any felony. Also, the DOE can request a special hearing to determine whether there is sufficient evidence that you engaged in serious misconduct such as any actions that would constitute: 1. a felony involving a controlled substance; 2. a crime involving physical abuse of a student or minor; 3. a felony committed on school property or while performing duties; 4. a felony involving a firearm; or 5. serious sexual misconduct with a student or a minor such as sexual touching, verbal abuse of a sexual nature, solicitation of a relationship and possession of child pornography. If a specially appointed arbitrator determines there is sufficient evidence that you engaged in such conduct, you can be suspended without pay for up to two or three months.

Bring a union representative to any interrogation

If you are summoned for an interview by your principal or another DOE employee that may lead to disciplinary action, you are entitled to be accompanied by a union representative (or a representative employed by the school system). These are called “Weingarten Rights” (no relation to the UFT president). An interview that is not held in accordance with these procedures cannot be made part of your DOE personnel or school file, and any statements you make at such an interview cannot be used against you in any DOE proceeding.

Aside from the principal, the chancellor’s Office of Special Investigations and the special commissioner of investigation regularly seek to interview educators. The allegations investigated by the SCI usually involve potential criminal activity, financial fraud and other serious matters. Sometimes, the chancellor’s Office of Personnel Investigations (OPI) or Office of Equal Opportunity (OEO) will ask a member for a statement and, occasionally, even the police will go to a school. Regardless of who has summoned you to appear, the UFT generally recommends that you not answer any questions that could lead to disciplinary or legal action being taken without proper representation. If you are summoned to an investigatory interview, you should immediately ask your chapter leader and UFT district representative for assistance. If you are summoned to OSI, OPI or OEO, your UFT district representative or borough office will provide a representative to attend the interview with you. If you are summoned by SCI, your UFT district representative or borough office will arrange for a criminal attorney to attend the interview with you. If OPI asks for a written statement, your UFT district representative or borough office will arrange for an attorney to assist you in writing it.

Corporal punishment

State Education Department regulations and Chancellor’s Regulation A-420 prohibit the use of physical force against students. Some staffers have been charged with that offense for having physical contact with a student, such as when breaking up a fight. In general, you should attempt to defuse a student altercation by using verbal, rather than physical, means. However, you may use physical force in self-defense or to protect a person or school property. If you are accused of corporal punishment, speak with your chapter leader or district representative immediately and ask for union help.

Many of the allegations of corporal punishment are investigated by the employee’s supervisor. We strongly recommend that you do not speak to the principal and/or any investigator without a union representative present, even if the allegation is false.

False accusations

If you are accused of sexual misconduct or physical abuse involving students and it is determined that the allegations were knowingly false when they were made, the DOE must remove all references to the allegations from your DOE personnel file, restore any lost pay with interest, and permanently reassign the student from your class absent compelling and extraordinary circumstances. The agreement makes clear that the disciplinary process should never be used to retaliate against whistle-blowers or for any other illegal reason. It goes on to state that all employees who make a knowingly false allegation shall be subject to discipline.

Verbal abuse

Chancellor’s regulations prohibit verbal abuse of students, which includes using language that causes fear or physical or mental distress; using language that denotes race, ethnicity, religion, gender, disability or sexual orientation which tends to cause fear or mental distress; threatening physical harm; or belittling or ridiculing students.

If you are accused of verbal abuse, you should immediately notify your chapter leader or district representative. Consult Chancellor’s Regulation A-421 for additional information. Among other things, the regulation requires your principal to inform the staff about what constitutes verbal abuse. If accusations of verbal abuse are found to be unsubstantiated, all references to the accusations must be removed from your DOE file.