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Showing posts with label rubber room. Show all posts

Sunday, October 21, 2018

The Absent Teacher Reservist (ATR) Disaster

Aixa Rodriguez, an ESL teacher who has been with the DOE since 2005. After her school closed, she
spent some time in the Absent Teacher Reserve before being hired by a new school for this fall.
The New York City Department of Education and the United Federation of Teachers are, together, accountable for the "Absent Teacher Reserve" or "ATR" disaster.

Excessing teachers is not new. Closing schools is not new. What was new, when Mike Bloomberg came into his position as Mayor of New York City, was the streamlining of the trashing process for tenured teachers. It was the idea that teachers were protected by tenure rights that someone up the line in the food chain disliked.

Bloomberg spoke often about Jack Welsh and the firing of 10% of the workforce to keep employees on the ball, always worried about "being next". The City was, in 2003, under the spell of management/administrators of public agencies to get rid of the riff raff, the employees who sit around and do nothing all day. Bloomberg was led to believe (I honestly do not think he checked this out himself) that tenure gave tenured employees the right to do nothing because they could never be terminated. This is, was, and will be, fake news.

But fake news and false claims work. Especially if someone knows how to use the dark web, how to hack into computers, or who has malicious intent to make up lies about someone. Most people still believe what they read and see on the internet.

So what happened in 2003, and I was fortunate enough to be there to see it, was a full scale attack on tenured teachers and "failing" public schools, so that massive numbers were thrown into big warehouses around NYC (in 2008 there were 8 main warehouses). Some remained for 1 year, others 7-15 years, and a few are still sitting in rooms where they are not given any work, not called a rubber room, but still the same thing. A reassignment room where you are told to sit until further notice is a rubber room.

I started visiting rubber rooms in 2003-2004 when my friends David Pakter and Polo Colon asked me to visit them at 25 Chapel Street, 10th floor. I was there several times a week, and stayed all day, chatting with the teachers there about their stories, their schools, and their administrators. The UFT went to the rubber rooms I think 1 time/year, but everyone at the UFT knew that I was talking with the members, because I also attended 3020-a hearings at the request of members, and then the charged employees started asking for me to help their NYSUT attorney settle their cases. So, I did that. Then I was hired to work as a Special Representative and given an office at 52 Broadway, 16th floor in 2007. I was in all the rubber rooms every week (except Staten Island) until August 2010, when I left to start advocating for teachers' rights at 3020-a on my own.

I still remember when suddenly, in 2012, I heard that every charged UFT member who was not terminated at 3020-a would become an ATR. I asked where this was written down, and heard it was not in writing, it was "just the way it is."

Bad move.

Suddenly, teachers who had been charged with something but who was not terminated, even if completely false, who had  inefficient counsel at the 3020-a and/or a biased arbitrator, became a substitute teacher/nomad, wandering week to week to a new school, replacing full-time teachers/guidance counselors for a day/week/month. How do you establish enough trust with a child to counsel him/her, if you meet them for a day or stay with them a week, then disappear? How can you teach?

Also, ATRs who are assigned somewhere temporarily, mostly a few days or weeks, often do not have access to IEPs, and don't input grades.

Students are smart enough to know that if you are not grading him/her, why bother doing the work?

This is really a black/white picture of ATRs and their bizarre situation in a school, and there are many layers of grey which I am not going into here. But the plan to remove tenure by displacing thousands of people and making it torture to remain in the DOE, certainly worked to create an environment of fear, resentment and even hatred.

It seems to me that we are seeing a return to rational strategic planning, with the new contract implying that ATRs can be placed in their content area in September. But "CAN" does not mean "WILL". Let's see.

Unfortunately, the UFT is still interested in playing-along-to-get-along with the Chancellor, Mayor, and everyone underneath. This is not going to change anytime soon, unless someone wins the $billion lottery and pays everyone to take a looooong holiday.

It is all about money, after all.

Betsy Combier
 betsy.combier@gmail.com
Editor, Advocatz.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Educators Linger in the Misunderstood ‘Teacher Reserve,’ a Byproduct of School Reforms
This past summer, most city teachers were prepping new lessons, revising curriculum and readying for the start of the new school year. However, many teachers on the city’s Absent Teacher Reserve (ATR) were polishing their CVs. This included Aixa Rodriguez, an ESL teacher who has been with the DOE since 2005.

She was previously a teacher at the Foreign Language Academy of Global Studies (FLAGS), which closed at the end of the 2015-2016 school year. Like many teachers after a closure, Rodriguez was placed in the ATR, a pool of DOE educators who lack permanent placements in city schools but remain full-time DOE employees. Rodriguez said many teachers in the pool have a similar story to hers, finding themselves relegated to the list in the aftermath of school’s closure or a program cut.

“If those schools close and those programs get shut down, the teachers get labeled along with it,” she says. “Your resume looks like Swiss cheese. I have friends who have been in the ATR for years.”

After FLAGS’ closure, Rodriguez was hired on a provisional basis to fill in for a year for a teacher on sabbatical, but come the end of the school year she was back seeking a full-time role. Rodriguez, like many others, found herself in a proverbial limbo while in the pool; educators in the ATR are still full-time DOE educators (and are paid as such), but often fill in short-term gaps, covering for teachers during parental leave or medical absences, working as substitute teachers or performing administrative work.

However, critics contend that many of these excessed teachers are saddled with disciplinary issues or are not seeking new full-time teaching positions, content to take the short-term work.

How did the ATR start?

The ATR is a result of 2005 negotiations between the United Federation of Teachers and the Bloomberg administration, who wanted to give school principals greater autonomy in hiring decisions. Prior to these negotiations, senior teachers had a greater say in choosing schools in which they were placed, according to Jeff Kaufman, a computer science teacher at Far Rockaway High School and former member of the UFT’s Executive Board. He described this loss of seniority as a “giveback” by the UFT.
“Principals now control, to a large degree, who is in their school,” he says.

Instead of automatically placing excessed teachers in new schools, the ATR carved out a way for principals to make their own hiring decisions, while excessed teachers were ensured they’d remain on the DOE payroll while seeking a position. Many initially applauded the move as an overdue correction to tenured teachers’ control in their own placement (arguing this often led to experienced educators disproportionately getting jobs in certain schools and districts). Now, most agree that the ATR has led to more problematic consequences, and many teachers in the pool assert many of these consequences were in fact the intention all along.

Two years after the establishment of the ATR pool, the city implemented the Fair Student Funding formula, which recalibrated the way in which the DOE determines how much funding schools receive.The city intended to direct more funding towards schools that had been shortchanged over the decades, but teachers’ salaries were to come primarily from this revised funding on the principal’s discretion (as opposed to the DOE directly paying teachers’ salaries).

Critics argue this incentivizes principals to not hire experienced (and higher-salaried) teachers, leading to an ATR pool that is exceedingly older and growing more expensive by the year; ATR payments cost the city $136 million last year. Rodriguez argues this disincentive and a generalized stigma against ATR teachers is depriving the city of a supply of time-tested educators who could be used in the classroom on a more permanent basis; what’s more, the city is already paying for them.

“A lot of the teachers in the ATR are 40 and up, and have a salary level of $80,000. We have both the time and experience,” she says. “(Principals) just don’t want to pay for them. There are plenty of us in the ATR who are ready and willing to work.”

Experience as a downside

Concrete data on the ATR can be difficult to attain, partially because the pool is constantly in flux; often the pool will balloon at the close of a school year as schools are shuttered and programs are cancelled, only to shrink as some ATR teachers fill open positions come the new school year. In 2017, Chalkbeat reported that 38 percent of ATR teachers were in the pool due to school closures, with another 30 percent in the reserve due to budget or program cuts. Additionally, 32 percent were in the pool due to “ramifications from a legal or disciplinary issue.”

The ATR’s cost continues to grow as the pool grows older and more experienced, according to a recent report from the Citizens Budget Commission. Employees in the ATR pool have been teachers for 18 years on average, compared to the average 10.2 years of the total DOE teacher workforce, and the average ATR salary is $98,126, compared to $84,108 for all teachers.

In 2017, a quarter of teachers on the ATR were also on there five years earlier. Some argue that this indicates teachers are not being hired for full-time positions or are not looking for work, though it is also possible a teacher could have been hired off the pool and subsequently excessed again.

There were 788 teachers in the pool in 2006, during the first year of implementation, but after a spate of school closures during the Bloomberg administration that number grew exponentially; at the start of the 2014 school year, there were 1,676 teachers in the pool. That number dropped to 1,202 at the start of 2018, but the Panel of Education Policy closed 10 schools at the end of last year.
Additionally, while as many as a third of educators on the ATR have faced a disciplinary issue, what that designation entails remains opaque. According to the UFT, tenured teachers in the ATR are allowed a hearing before an independent arbitrator when accused by a principal of misbehavior. However, a teacher may end up in the ATR pool regardless of the outcome of any disciplinary process, according to Kaufman.

A tenured teacher may be the recipient of 3020-a charges (which challenge the protections a tenured teacher has and can be a first step towards dismissal). Those charges could be sustained (potentially resulting in termination), but they can also be mediated through arbitration or could even be dismissed altogether. However, even in the cases of dismissal, if a principal opposes reinstating a teacher in the original school that teacher could be excessed and placed in the ATR pool. A teacher would have to ‘grieve’ their status in the ATR to be reinstated over the wishes of the principal in the original school, and Kaufman said he had never seen a successful grievance in such instances.
“Anytime a principal has opposed the return of a teacher, the principal has always won out,” he says. “That stuff starts to get internalized. It clearly impacts on someone’s ability to teach, and if you’ve been on it for a long time there’s a lot of issues. I’ve seen a lot of excellent teachers, lauded in all different ways, and they end up on the ATR and all they can do is end up retiring.”

Ana Champeny, the Director of City Studies for the Citizens Budget Commission and the author of the report on the ATR, noted that the pool’s structure, coupled with New York State’s protracted disciplinary process, could lead principals to see the ATR as an alternative method for dealing with unwanted teachers.
“The process to remove a teacher for cause is incredibly complex, and it’s set in state education law. It’s very time-consuming,” she says. “The ATR can create this unintended incentive—it can mean you can get people into the ATR instead of this long process.”

Still, most ATR teachers are not in the pool because of a disciplinary matter, and some teachers in the pool believe principals shy away from hiring ATR teachers because of the cost involved. Principals may also want to hire inexperienced teachers whom they may feel will be more amenable to that principal’s particular vision, according to James Eterno, a DOE educator who entered the classroom in 1986 and retired last year. After Jamaica High School closed in 2014, he found himself excessed into the ATR pool, and strongly disagrees with how ATR teachers are treated by the DOE and by the principals weighing whether or not they should be hired. Camille Eterno, a high school teacher and James’ wife, is currently in the ATR pool, and said that principals indeed considered ATR teachers differently than other prospective hires.
“The sentiment is that you’re an ATR and they run in the other direction,” she says. “You’re less desirable because you have years of experience. They’re choosing to hire people fresh out of college.”
James Eterno agreed, saying principals often will not even consider ATR educators with years (or decades) of experience because of the higher salaries.


“I don’t blame you for not wanting to hiring me. I understand; I cost a lot of money. But it shouldn’t be like that,” he says. “Could you imagine if a police captain couldn’t bring in a great detective because they were too high up on the salary scale? That would be outrageous, and I don’t think the public would tolerate it.”
However, some criticize the teachers in the pool, bemoaning the fact that they have full-time salaries without permanent classroom placement. Dan Weisberg, the executive director of The New Teacher Project, said he would question placing ATR educators in classrooms, arguing that too many had significant past disciplinary issues. He also disputed the idea that principals avoid hiring experienced ATR teachers.

“If principals saw a strong candidate to fill a vacancy, they will happily take a senior teacher. For the ATR pool, where you have thousands of vacancies in every conceivable license area, if you’re not getting hired year after year, chances are you’re not applying to vacancies, or you’re not demonstrating you’re a good match,” he says. “Just because you’re experienced doesn’t mean you’re very good at what you do.”
Funding: fair or flawed?

TheFair Student Funding (FSF) formula of 2007 does mean that principals are weighing the value of an educator against the cost that hire entails, rather than making hires on their own with the DOE footing whatever the teacher’s price tag may be.
Prior to the FSF, a given school’s funding largely correlated with teachers’ salaries; this meant there was often disparate per-student funding from school to school. When teachers had more power over where they were placed (prior to the 2005 agreement), educators with seniority often gravitated towards certain schools, and those schools would subsequently get larger budgets to cover their costs.

This shifted with the FSF, which became by a significant margin the largest financial allocation for schools each year. According to an 2013 IBO report, funding from the FSF allocation can comprise as much as 70 percent of a school’s budget and is tabulated based on the characteristics of a school’s student body. For each school, the needs of the students and schools are weighted, including how many students are in each grade and whether some students are English Language Learners or require special-education services. Supporters say the formula aims to instill more equity among schools, cease the funneling of funding towards schools with the greatest number of high-salaried teachers, and direct more towards schools facing the greatest need.
However, only 23 percent of schools received the full amount of funding they were allocated under the FSF in 2017, according to Chalkbeat. In the aftermath of the Great Recession, many FSF funding increases were delayed or cancelled, meaning many of those schools that were inadequately funded prior to the FSF are constantly behind the more affluent schools (additionally, the more affluent schools never had their allocations reduced when the formula was put into place).

This confluence of policies leads principals, particularly in schools receiving lower funding, to have a far greater incentive to hire younger teachers as opposed to taking on the expense of an experienced educator, according to many ATR teachers, because now the expense is being drained from the principal’s FSF allocation (which may be lower than the formula deems it should be). A starting teacher with a Bachelor’s Degree and no prior teaching experience can expect to make, on average, $56,711, an amount more than $40,000 lower than the average salary of teachers in the ATR pool.
“The natural progression of experience is being totally thrown out,” Rodriguez says. “When you have a small salary you’re aiming for, you’re not going to have a diversity of experience.”

New York City has a young teacher workforce compared to the rest of the state; a 2018 Rockefeller Institute report found that 52 percent of city teachers were younger than 40 years old in 2015-2016, and only 27 percent were 49 or older. While this might mean teacher retirementswill pose less danger of school or subject shortages in the city than elsewhere, it leaves NYC’s teacher workforce more susceptible to higher rates of turnover and attrition among younger educators; nationally, less than a third of teachers who leave the profession annually do so because of retirement, according to the Learning Policy Institute. Teachers hired directly out of school are more likely to leave the profession or transfer to a different school, and cash-strapped schools could be placed in a difficult position if principals feel they are only able to afford the expense of inexperienced, younger teachers.
“It’s created a pool with a large number of older teachers,” Kaufman says. “It made principals responsible for the cost of teachers, so there was a stronger incentive to discriminate against teachers.”

De Blasio responds
While it’s likely that the ATR pool continues to grow more senior because of its rising costs (even as the number of teachers in the pool drops), the DOE does not release regular detailed updates on the state of the pool, or on the age and experience level of the educators remaining on it. Champeny lamented the lack of data, saying it was more difficult to propose substantive solutions to the quandaries created by the pool’s existence.

“Is there some group of ‘X’ teachers that have been in the pool since they’ve been created?” she asks. “We just don’t know. That kind of information is really missing. The nuance is really missed.”
The de Blasio administration says it is taking steps to reduce the pool’s size; last year, former Brooklyn Technical High School Principal Randy Asher was tasked with shrinking the ATR. Since 2014, the city has offered separation incentives to encourage ATR teachers to take a lump sum in lieu of staying on the DOE payroll. In 2014, 115 teachers left, and in 2018, the city offered ATR teachers $50,000 to leave the profession; 170 educators took the deal. The CBC report indicated the move cost the city about $8.5 million, but would save the city about $23 million per year in salary expenses.

The DOE also promises to subsidize salaries of ATR teachers for schools who provisionally hire them by 50 percent in the first year and 25 percent in the second year; ATR educators who receive ratings of “highly effective” or “effective” at the end of the first year in the new school will then become permanent hires (though some teachers in the ATR pool say the plan leads some principals to provisionally hire ATR teachers, and then push for a low rating at the end of the first year to get the 50 percent subsidy without having to take on the cost in the following years). The CBC found the subsidy offer led to 372 ATR hires during the 2017 school year.
Last autumn, the city also began to place ATR educators in schools without the approval of those school’s principals. Many principals vociferously opposed the practice, calling it “forced placement” and decrying the loss of control in hiring decisions. The city originally wanted to place 400 ATR teachers in school though this approach, though only 72 were eventually placed.

Earlier this year, The Education Trust uncovered information on those teachers who were placed in schools through this practice; none of the 41 teachers placed in schools without the approval of principals through Oct. 15, 2017 had an “Unsatisfactory” or “Ineffective” rating, according to the Education Trust. Of the 205 provisional hires in the past year, only five had an “Unsatisfactory” rating. This indicated the city placed high-quality teachers in schools, but the Trust’s report expressed worry that the remaining pool of ATR educators could be disproportionately packed with teachers with “Unsatisfactory” ratings (though The Trust acknowledged that the pool was constantly in flux).
In last week’s announcement of a new contract between the city and the UFT, de Blasio acknowledged the new agreement did not do anything in particular for teachers in the pool, but stressed that the administration was tackling the problem through other means.

“The pool’s been shrinking consistently, it will be shrinking more in the coming year. A lot of things that could have been done a long time ago weren’t being done, like ensuring that a capable teacher whose school changed was not left out in the cold but was helped immediately to find a new assignment between June and September of the same year,” de Blasio said during a Thursday press conference announcing the new contract. “There’s a host of other initiatives, but it’s absolutely shrinking and it will keep shrinking.”
The DOE contends its policy reforms are starting to have an impact, noting that there were 765 teachers in the ATR at the conclusion of the 2017-18 school year, compared to 1,131 at the end of the last school year, along with efforts to emphasize longer-term placements to offer schools and educators more stability.

For Rodriguez, an uncertain summer was punctuated with the call she was hoping for; she was off the ATR pool, working as an ESL teacher as a provisional hire at a school in Manhattan. The position has the potential to extend beyond the year. But her thoughts remained with other teachers still in the ATR pool, lacking a permanent placement. Some may enjoy the substitute work, but Rodriguez was adamant that the current design of the system was wasting the talent and experience of teachers already on the payroll.

“Wherever I go, I need to stay. I need to put roots down, and the problem is the constant closures are having people run around. You don’t form relationships, you don’t develop curriculum over time,” she says. “I’m just going to try to enjoy the year, do my best teaching and we’ll see what comes next.”
Assessing the ATR’s progress over the past decade, Eterno contended that the pool’s existence amounted to an towering array of missed opportunities.

“The vast majority of teachers, if given the opportunity, could have helped out,” he says. “We could have been assets, for sure.”

Tuesday, April 12, 2016

The 3020-a Arbitration Newswire: Digging Up The Garbage on the Rubber Room

The Rubber Room - West 125th Street
Please read my first post on the Rubber Rooms and 3020-a Arbitration, " Vouchers Paid to Arbitrators" to get a little bit of the background behind the scam of the rubber room process put into place by the New York City Department of Education (NYC DOE)  AND the United Federation of Teachers (UFT). Is this a conspiracy of harm? I believe so.

The Rubber Room - 333 7th Avenue
My blog posts are based upon the idea that the 'rubber rooms' are not rooms, but a process that unfairly, arbitrarily and maliciously targets employees of the New York City DOE for any reason someone in power can think of, and ends up in some kind of career destroying penalty without any accountability for the person who is making the allegations. So, anyone can make allegations about a person and hope that "legal" at the DOE will prove these opinions are true - often without any facts, and terminate the target without holding the person who made the accusations in the first place accountable for any lies. And so it goes.


The rubber room process could never have been set up without a lethal partnership or conspiracy where we see the NYC DOE and the UFT/NYSUT getting along by going along. It's all about politics, money, and control, and how collective bargaining rights can be denied to stakeholders who are forced into paying dues to a union that ignores members' rights to benefit management's pocketbook.

Rubber rooms still exist, although hidden, and the Rubber Room process of charging teachers unfairly continues.

Mayor Bloomberg rented the warehouses in each Borough of NYC (Manhattan and Brooklyn had 2 each) called the rubber rooms starting in or about 2003 (the RR in the basement of 335 Park Place started in 2008). The purpose was to put the prisoners of whim, the DOE employees who were unwanted by a principal for any reason, outside of the school so that the administrators could speak to the students, parents, teachers, counselors, or whomever, freely without the unwanted employee interfering or finding out who was talking to whom. The fix was in.
Rubber Room 335 Park Place, basement

When a principal decides that an employee in the school must go, he/she contacts the Gotcha Squad, who creates the Technical Assistance Conference memos (TAC) gathered from all sources to charge the employee. I filed a Freedom of Information request to get the TAC memos filed by the former chief of the 3020-a termination hearings, Florrie Chapin.

Below is the announcement of the 'new' process to get rid of unwanted education personnel:


"MEMO
_______________________________________________________

To:       Principals
From:   Dan Weisberg, Chief Executive, Labor Policy and Implementation; Michael Best, General Counsel
Date:    November 14, 2007
Re:       Labor Support Unit/Peer Intervention-Plus Program/Teacher Performance Unit

I.              Introduction

This memo provides details on the new supports being made available to principals to help you address already-tenured teachers with performance problems by supporting them to substantially improve the quality of their teaching, or, if this is not successful, by removing them. 

  • These supports are being provided centrally without cost to schools.  Principals will not have to find funds within their school budgets in order to access these services, even where they do so repeatedly.

  • Principals have full discretion to decide whether to use these supports or not.  While we encourage those of you with struggling tenured teachers to use these resources, as we believe it will relieve some of the burden on you and will provide you with the guidance you need, if you feel you do not need the help, then you are under no obligation to use these services.

  • These supports are intended to provide guidance for you and reduce the burden on those principals seeking to obtain improvement from poorly-performing tenured teachers. Or, if such efforts are unsuccessful, these services will help you to effectively navigate the evaluation and discipline process.  The support personnel are not there to critique or evaluate the work of principals, nor are they meant to create additional work for you. 

  • While we will likely seek more formal feedback later in the year, we would appreciate any feedback you have on the new supports, positive and especially negative, by e-mail to dweisbe2@schools.nyc.gov.

II.             Labor Support Unit (LSU)

The new Labor Support Unit (LSU) is staffed by experienced school supervisors, most of whom are retired NYC public school principals.  Their mission is to provide the first line of support to principals addressing poorly-performing tenured teachers.  Their primary responsibilities are: to provide guidance and general assistance to principals in developing support programs for ineffective tenured teachers and, where necessary, guidance on technical evaluation and discipline issues; to help organize documentation of performance problems; to conduct additional observations of teachers upon request of the principal; and to coordinate with the Peer Intervention-Plus (PIP+) Program and Teacher Performance Unit, as well as Human Resources and ISC counsel, on your behalf. 

LSU staff will be assigned to individual schools, so you will be able to work with one member of the LSU continuously. The LSU staffer will meet with you initially to obtain background information about the teacher or teachers and to review documentation.  Over the following several weeks, the LSU staffer will follow up with you to recommend an action plan for obtaining significant improvement from the teacher(s).  The LSU staffer will then help you to implement the action and assess its effectiveness.  If the teacher(s) do not show significant improvement, the LSU staffer will work with you to determine whether and at what point to seek disciplinary action against the teacher(s) and will, along with your attorney from the Teacher Performance Unit, guide you through the disciplinary process.

You may access the LSU in two ways: LSU staff will be contacting principals with tenured teachers with one or more unsatisfactory ratings to offer assistance.  Or, you may request assistance from an LSU staffer by completing and submitting this one-page form [LSU Request} and an LSU representative will contact you within five (5) days of receipt of the form requesting assistance.

III.            Peer Intervention-Plus (PIP+) Program

The new Peer Intervention-Plus (PIP+) Program was jointly agreed to by the DOE and UFT as part of the 2006 contract between the parties.  Under this agreement, the DOE and UFT have jointly selected an outside vendor, RMC Research Corporation, a national company with expertise in professional development, to assist with this important initiative. The project manager for the PIP+ is Dr. Sandra Kase, who previously held several senior positions at the DOE and the Board of Education, among them Superintendent of the Chancellor’s District. 

The PIP+ is, pursuant to the agreement between the DOE and UFT, targeted specifically at tenured teachers in danger of receiving disciplinary charges for incompetence.  Principals will have the option of inviting teachers in this category to participate in the program.  (If teachers decline the offer of assistance, this fact is admissible in disciplinary hearings.)  If they accept, RMC will assign an expert classroom teacher to work as a peer intervener with the struggling teacher for a period of approximately three months.  (During this time, school supervisors will be fully free to continue to observe and evaluate the struggling teacher.) 

The Peer Interveners will be neither UFT members nor employees of the DOE.  Their charge will be to develop a plan for improvement for the struggling teacher but also to provide a completely objective written evaluation of the teacher’s competence.  The Peer Interveners will also work with you during the process to get your input on the weaknesses and improvement of the participating teacher.  Because this evaluation will be admissible at disciplinary hearings, in the event the teacher does not improve and the Peer Intervener finds the teacher to be incompetent, this judgment will likely carry a great deal of weight in disciplinary proceedings seeking the teacher’s termination. 

If you are interested in accessing the PIP+, please contact Dr. Elizabeth Arons, at earons@schools.nyc.gov.

IV.           Teacher Performance Unit

The new Teacher Performance Unit (TPU), which is located within the Office of the General Counsel, is comprised of five attorneys who will be responsible for counseling principals on disciplinary issues involving tenured teachers and for handling cases filed under Education Law 3020-a against tenured teachers for incompetence. 

The creation of TPU 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 so. 

TPU attorneys will also be involved in potential disciplinary cases from an early stage, providing guidance to principals on technical questions and on case preparation.

Principals who wish to seek removal of tenured teachers based on competency should schedule a Technical Assistance Conference (TAC) with TPU, by completing and submitting this form [TPU Request].  A TPU representative will get back to you within five (5) days to schedule the TAC. 

V.            FAQ’s

Q: Should I use these services in lieu of or in addition to services from my HR Partner or ISC Counsel?

A: In addition.  These services are intended to supplement, not supplant, the services being provided by your HR Partner and ISC Counsel.  In fact, all HR Partners are receiving additional training on addressing employees with performance problems, so they should be called on as a resource for these issues, as well as the full range of other HR issues.  Your ISC Counsel also continues to be a primary resource for guidance on labor issues.  However, where you need intensive help with tenured teachers with performance problems, the LSU can provide that help and will work in concert with your HR Partner, your ISC Counsel and the TPU to provide you with comprehensive, solution-based support.

Q: Can I use these resources for employees other than tenured teachers, e.g. Assistant Principals, Guidance Counselors, probationers, administrative employees?

A: Though the focus for these supports is on tenured teachers, and the PIP+ will address only tenured teachers, LSU staff can help you with performance issues involving all school employees, and TPU will be responsible for bringing disciplinary cases for incompetence against all tenured personnel.  However, your HR Partner and ISC Counsel should remain your primary resource for performance issues involving employees other than tenured teachers.

Q:  Can I contact LSU about a tenured teacher who has not yet been U-rated?

A:  Yes, though LSU will be dealing first with cases of teachers with multiple U-ratings and then those with single U-ratings, staff will assist you with all cases of performance issues involving tenured teachers.

Q: Who do I contact if I have a misconduct issue?

A: The Administrative Trials Unit (ATU) will continue to handle misconduct cases against tenured personnel.  You can arrange a Technical Assistance Conference with ATU by submitting this form [ATU Request].  For advice involving misconduct by non-tenured personnel, you should continue to contact your HR Partner and ISC Counsel.

Q: How does the new Peer Intervention-Plus Program relate to the existing Peer Intervention Program?

A; By agreement with the UFT, the new Peer Intervention-Plus Program is to be used for tenured teachers in danger of being charged under 3020-a with incompetence, while the existing Peer Intervention Program is to be used for teachers outside that category who would like assistance. 

Q:  Can I enter the classroom of a teacher participating in the Peer Intervention-Plus Program?

A:  Yes.  Unlike the Peer Intervention Program, there are absolutely no restrictions on your ability to evaluate or observe teachers in the PIP+.

Q: What happens if the Peer Intervener disagrees with my judgment about a struggling teacher?


A: Though charges can still be brought against such a teacher, it will be difficult to obtain termination where an objective third party has found the teacher to be competent."

Also out in November 2007 was the "Performance Management" Guide on How To Get Rid of An Incompetent Teacher" (p. 12), a mainstay of every Principal's diet, and, in 2008, former OLR Director David Brodsky gave a presentation on the Tenure Process and terminating teachers.
David Brodsky

I was hired by Randi Weingarten two months earlier, on or about August 23, 2007, to gather information and help support the people sitting in the RRs, or "temporary re-assignment centers, TRCs" as I called them (to distinguish the actual rubber ROOMS from the rubber room PROCESS I was going to research and write about in my book). Even well-known writers such as Steven Brill got it all wrong.

Randi put me in what she called the "SWAT Team" with Jim Callaghan and Ron Isaac, two reporters for NY TEACHER. Neither Jim nor Ron wanted anything to do with the rubber roomers, saying that they (the people in the RRs) "did not want my help" [Ron's words] and "they are all guilty, so I cant help them" (Jim's words).
Jim Callaghan

I didnt see it that way, I saw innocence until proven guilty and wanted to get all the information on each case so that we, the UFT, could prove the DOE wrong in filing the charges in the first place. I had, when I started at the UFT, no idea that the UFT was not interested in fighting for their members. Maybe I didnt want to see it. But it became clear to me when Mike Mulgrew took Randi's place, and all of a sudden my office on the 16th floor of 52 Broadway was taken (and left empty, by the way), some of my personal belongings went permanently missing (sound familiar?) and I had to meet with people who came to see me, in the cafeteria or the kitchen area. Eric, of Chaz11 finally told Leroy Barr after one of our monthly meetings that he had to give me an office. We finally found a group of empty desks on the other end of the 16th floor, where I moved my stuff and my computer was moved. Then the UFT lost my computer.

Leroy Barr
But they could not fire me, because I was doing my job, which paid me for 14 hours/week,  but I worked 60 hours/week, 46 hours unpaid. Laurie, in her post "If you knew Betsy...." was wrong about that (that I was fired, like Jim Callaghan). I was 'excessed'  when the rubber rooms were closed in July 2010 (see below), and gladly, I might add. Every second I worked at the UFT post-Randi I was hindered by the post-Randi crowd from helping any member. I remember the day that the Principal of 25 Chapel Street came over to me when I entered the room as a UFT Special Representative and told me that he had received a call from UFT Rep. Liz Perez. She had told him to keep an eye on me because I was giving "legal" advice to the TRC members, and they (the UFT) felt that no one should be talking with anyone in the room. He and I had a good laugh about that, but it wasnt funny. My job was to talk with the people who were displaced. It was frowned upon. I needed to move on, and start my own initiative, and I did that.


"Rubber rooms to close June 30
UFT signs historic agreement with city to ‘end fear tactic’ used against members


UFT President Michael Mulgrew (seated, right) and Chancellor Joel Klein sign the agreement while Mayor Michael
Bloomberg and Deputy Mayor Dennis Walcott look on.
.
BY JIM CALLAGHAN | MAY 6, 2010 NEW YORK TEACHER ISSUE
The highlights
·         The rubber rooms will close at the end of the current school year.
·         As of Sept. 1, UFT-represented pedagogues who are accused of misconduct or incompetence will be:
·         Assigned to their schools to do certain professional or administrative activities listed in the teachers’ collective-bargaining agreement;
Assigned to a DOE administrative office to do administrative work consistent with law; or
Sent home with pay in very limited circumstances.
·         After removing an educator from the classroom, DOE officials will have 10 days to bring incompetence charges and 60 days for charges of misconduct. Any educator not formally charged within that time will be sent back to his or her previous assignment.
·         For those whose investigations result in charges, the hearing process must be completed within 60 days in most cases. An arbitrator would then have 30 days to make a decision. The number of arbitrators who hear such cases will increase from 23 to 39.
·         Some members accused of less serious, non-termination offenses will have a mandated process consisting of three hearing days.
·         For educators currently assigned to rubber rooms, arbitrators will work as mediators in an effort to settle many of the cases in the backlog. The rest will proceed to 3020-a hearings. The 3020-a hearing of anyone charged by Aug. 31, 2010, must be completed by the end of the calendar year. These educators will be given an administrative reassignment at their school or at a DOE office while their case is being heard.
At long last, the controversial Temporary Reassignment Centers, dubbed rubber rooms, will close on June 30 thanks to an intensive effort by the UFT and the city.
At a press conference on April 15, UFT President Michael Mulgrew, Mayor Bloomberg and Schools Chancellor Joel Klein announced an agreement that will see the rooms closed for good.
“The rubber rooms are a symptom of a disciplinary process that has not worked for anyone — not the kids, not the schools, and not the teachers,” Mulgrew said. “This agreement is designed to get teachers out of the rubber rooms and to ensure that they do not have to wait for months or years to have their cases heard. Most importantly, it removes a fear tactic used by management against our members in schools.”
Approximately 550 educators are currently assigned to rubber rooms; about half are under investigation and awaiting charges, while most of the remainder are going through the hearing process. Cases can take months or years to be resolved.
The agreement will clear the backlog by December, speed up the adjudication process and remove the stigma of allegedly bad teachers being removed from their schools and watched over all day by private security guards.
Most members assigned to the Temporary Reassignment Centers reacted positively to the deal, happy to be leaving the notorious rooms, one of which packed 24 people in 600 square feet in a drab Brooklyn basement.
A few were skeptical, given Klein’s track record, that the DOE would adhere to any agreement.
Educators in schools expressed a sense of relief that principals will no longer be able to use the threat of a rubber room. Some believe that principals used the rubber rooms to punish whistleblowers, threaten strong chapter leaders and harass those who claimed they were being mistreated based on their age and race.
Under the agreement, for most teachers who have been accused of misconduct, the DOE will have the ability to remove them from their classrooms and reassign them to administrative duties in schools or DOE offices for a period of 60 days while it investigates the accusations. If charges are not filed after the 60 days, the reassigned educator must be returned to his or her former school duties while the probe continues.
Once charged, for most educators, the 3020-a disciplinary process will now include 10 to 14 hearing days on the charges. Educators accused of less-serious, non-termination offenses will have a mandated process consisting of three hearing days.
“It will be a faster, fairer process,” said Mulgrew.
Despite inaccurate statements to the contrary, the DOE always had the right to give work to reassigned educators. The idea that UFT members enjoyed “sitting around doing nothing all day” was an absurd allegation used to portray the union and its members as protecting featherbedders and deadbeats, union officials said.
Before the Bloomberg-Klein administration, educators accused of misconduct or incompetence were reassigned to district offices to do work."

Of course this is all bulloney, as we now know.
Then the UFT and DOE got into a war over the number of arbitrators who were supposed to be hired to get UFT members out of their employment as quickly as possible (so happy I was not working any longer for the UFT!!!!):

Lawsuit

City Sues UFT for Failure to Assign Rubber Room Arbitrators


LINK
NEW YORK—The city sued the United Federation of Teachers (UFT) on Friday for what it says is a failure of the UFT to uphold its end of an agreement to increase arbitrators. The arbitrators were to expedite the processing of teachers awaiting disciplinary hearings, allowing them to get back to the classroom, or be taken off the payroll.

In 2010, the UFT and the city struck a deal to end Temporary Reassignment Centers, also known as the “rubber room,” which is the place teachers go to await the outcome of disciplinary hearings. The city had taken heat for the rubber rooms after investigations found teachers spent years being paid for doing administrative work.

As part of the agreement, the UFT agreed to increase the number of arbitrators from 23 to 39, a move aimed to expedite the process.

According to the city, the UFT has failed to keep its end of the bargain.

In a complaint to be filed today, the city charges only 19 arbitrators are on the books, well short of the 39 agreed upon. In 2011-2012 there were 24 arbitrators set, however, they were not seated at the same time, according to the complaint.

Arbitrators are appointed only if the UFT and the NY Department of Education can agree on the person. The complaint alleges the UFT and the Department of Education were to meet at least twice a year to select arbitrators, something that has not happened.

“They just keep delaying,” Mayor Michael Blomberg said on his Friday morning radio show. “The backlog keeps getting bigger. And it just prevents having a fair hearing for teachers who should be cleared of any charges, it allows teachers who should not be in front of our kids through incompetence or inappropriate conduct to continue collecting a paycheck.”

In a Sept. 19 letter, Schools Chancellor Dennis Walcott said he would agree to 30 arbitrators, the minimum required from the 2010 agreement. However, the UFT failed to agree, according to the complaint.

Epoch Times reached out to the UFT for comment, but the union did not respond by press time.

Lawsuit alleges union is breaking promises in ‘rubber room’ deal


A “big deal” forged to shutter the city’s infamous rubber rooms more than three years ago is getting dragged down by the city teachers union, the city charges in a lawsuit filed today.
Department of Education lawyers say the United Federation of Teachers has failed to hold up a key part of the agreement, which was struck with joint praise from Mayor Bloomberg and union President Michael Mulgrew in April 2010 to speed up the disciplinary process for teachers whom the city wants to fire. At the time, the city estimated it was spending $30 million a year to pay 550 teachers who were removed from the classroom and who languished — sometimes for years — in reassignment centers known as “rubber rooms” while they awaited a hearing.
A major element of the deal was to increase the pool of mutually acceptable arbitrators — from 23 to 39 — who rule on cases against teachers charged with incompetence or misconduct. But three years after the reforms were scheduled to take place, that number has actually fallen to 19 — while the number of teachers facing trials stands at over 400.
The lawsuit alleges that the UFT has repeatedly balked at approving enough arbitrators to hit the new target. Last month, the union agreed to invite just 14 arbitrators, and the selection process stalled entirely this month.
UFT President Michael Mulgrew has argued that the union cannot agree to the arbitrators whom the city proposes. In a letter to Chancellor Dennnis Walcott earlier this week, Mulgrew said the selection process would be faster “if the DOE would propose more qualified candidates.”

The arbitrator pool has also shrunk because the state does not always pay arbitrators for their work in a timely fashion. The State Education Department, which is responsible for the payments, recently reported a $2 million deficit in the “Tenured Teacher Hearing” fund, which is used to pay arbitrators in disciplinary cases.
A group of arbitrators are suing the state over the payments, including one who’s owed $200,000 in backpay. ”The reason many of the very senior arbitrators [sic] no longer do these cases is the state would not pay us based on the work that we had done,” former arbitrator Arthur Riegel told WNYC.
Perhaps as a result, few people have wanted to take the job when it is offered. Just eight of the 14 arbitrators offered the position in August accepted.
“Many arbitrators are reluctant to work with the DOE,” UFT spokesman Dick Riley said today.
As a result, the speed of the disciplinary process appears to have barely budged since 2010.The department reported in its lawsuit that there are currently more than 400 teachers who require discipline hearings with the 19 arbitrators, and lawyers said they expect another 150 cases in the near future.
The city said it is spending $8 million a year to pay teachers who have been removed from the classroom while they await arbitration.
Riley said the current pool of arbitrators would be “enough” if the department would consider using a less aggressive legal process called mediation. In that process, the teacher and the city first try to reach a settlement at a pretrial hearing to avoid starting arbitration. Union lawyers said that of 55 cases that went through this process this summer, 39 reached settlement without arbitration. In some cases, teachers agreed to resign or retire, while in others teachers accepted suspensions before returning to the classroom, union officials said.
“If the DOE was truly interested in in resolving cases efficiently, it would agree to our proposal to keep this process in place permanently,”  Mulgrew wrote to Walcott this week.
COMING SOON in the 3020-a Arbitration Newswire: The Destruction of Rights and the Permanent Panel; the DOE Prosecutors; and Ian Nikol, a Lawyer Without Ethics.

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