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Showing posts with label tenure law. Show all posts
Showing posts with label tenure law. Show all posts

Tuesday, November 17, 2015

Francesco Portelos and NY State Tenure Law

Francesco Portelos

Please read my prior articles:





Francesco Portelos and His "Victim Complex"






EDITORIAL: Cyberstalker Francesco Portelos and His Blame Game Must Be Stopped




The UFT Solidarity Brand is Not What UFT Members Need


Re-posted from Parentadvocates.org:

 Editorial: Is Francesco Portelos a Danger To New York State Tenure Law?

by Betsy Combier

Yes, Francesco Portelos, in my opinion as well as that of the NYC Department of Education ("NYC DOE), is a disgruntled, harassing bully. The evidence is available on Francesco's own blogs and websites. He is proud of being supposedly hated by the DOE. Why? Because he knows he is a messenger for them of "bad" teachers who need to be charged. Who are these "bad" teachers? Anyone who threatens the lies and misconduct of administrators at the Department.

When a teacher blows the whistle on principal misconduct at their school and has Francesco put the information out on his "Administrators in Need of Improvement"

Since I uncovered that the NYC DOE is using Francesco to go after employees who follow him and his hate campaign, I have been lied about by Francesco Portelos on his websites, called and screamed at by people I don't know and have never met (Francesco gave everyone my cell number, and told everyone it would be ok to call me and give me hell for doing what I never did), and he went to the extreme by lying about my husband to my husband's employer, to get him fired.

Portelos is an excellent hacker, and uses his skills to harm people he doesn't like. He wanted my advocacy to fail, so he accessed the back end of this blog and deleted everything on the right column that now is back. See the information on the right side of this blog. I did not have backup, so I tried to re-create what had been there as best I could.

Francesco then posted a video of a DOE meeting which I discovered under FOIL, (this video was in the deleted material from my blog), put "UFT Solidarity" on the video as the source, and posted his "3020-a Guide" online with the video and a caveat at the end telling everyone never to hire a nonlawyer, meaning me. I have been doing 3020-a hearings for 17 years, have written closing arguments and investigated more than 100 misconduct and incompetency, and have won most of these hearings by doing the background work. I work with attorneys.

For example:
Johnathan Hinesley, one of Francesco's group members, called me up out of the blue last summer and told me that he had been charged with 3020-a , and would like to talk about his charges. We met at the diner in Manhattan near me, and I stayed more than 3 hours answering all of his questions. I never charge a "consultation" fee, but he demanded that he pay for my tuna sandwich. I thanked him.
Johnathan Hinesley

Then he asked me to read all his papers, and then edit a rebuttal he had written to Philip Weinberg. I agreed. He then told me to edit his Notice of Claim. I agreed. Suddenly, he paid me $500 for the work I did, and I thanked him.

 I called him after the September 20 UFT Solidarity meeting at which Jim Callaghan spoke badly about me, to find out what happened (I wasnt there). He told me my name was not mentioned. Then he started screaming that he would be attending my 3020-a hearings with my clients, and there was nothing I could do to stop him. I told him he would not be mobbing my hearings, the arbitrators and the attorneys I work with dont like mobs. He was furious.

Then Johnathan demanded I give him the $500 back, because I did nothing for him. I asked my lawyer what to do and he said to keep it and ignore Johnathan...adding I should charge for my work.

Today on Linkedin, Francesco told my contacts:

Francesco Portelos1st

UFT 2016 Presidential Candidate at United Federation Of Teachers
Commented 18 hours ago
"Ahhh Betsy...how many people have asked for their money back for services you didn't provide? They keep calling us and telling us they have cashed checks for legal advice. That's what this is about. So sad."
Actually, Francesco, how many people? Inquiring minds want to know. Legal advice? I don't give legal advice. I am not a lawyer. Take money without doing a service? Never in my life have I done that, and you know it. I gave this $500 to someone who needed help with paying for paper copying for his case. I give you an A for effort, though. 

But think about it. A teacher, paid by public tax money, is given the right to teach children to threaten anyone they don't like, force people to do whatever he says, and lie about you through every website he can get on or set up. I think that Francesco Portelos is a liability for the NYC Department of Education.

Liability: a person or thing whose presence or behavior is likely to cause embarrassment or put one at a disadvantage.
"he has become a political liability"
If you are a tenured public educator or anyone who values tenure for teachers in New York State or elsewhere in the United States, you should be alarmed by the outrageous violations of confidentiality and the cyber bullying going on in New York City by Francesco Portelos and his group, called UFT Solidarity.

Francesco used to be an ally in the fight for change in New York City as far as how teachers are being treated. Indeed, I posted many articles about his being charged and found guilty of internet bullying and never admitting he was wrong, thinking that he was a hero and a fighter for all things good.

I was wrong. When Francesco Portelos found out that I do not agree with his vindictive retaliation of anyone who is rumored to be "bad" or who does not agree with him, and he decided to defame my name and my work as a teacher advocate by creating a video lying about how I am a "homophobe", I looked more carefully at the UFT Solidarity brand.

The Francesco Portelos Mob: Who Are They?

Here is what Francesco sent me on May 8, 2014, marked up with yellow highlighting and red ink by him, (I guess):

Francesco Portelos' 3020-a decision (dated May 2014).

I put this decision on my website, in one of the many articles I wrote about Francesco glorifying his work to undermine Linda Hill who seemed at the time to have charged Francesco after he found out she was not handling money correctly. Blowing the whistle on an administrator, or any public employee is complicated. The case decided by the US Supreme Court, Garcetti v Ceballos (see herehere and here). Teachers are public employees and their First Amendment rights were, it seems to me, limited to "a citizen speaking on matters of public concern".

I am not a public employee and not limited by this law. I still am not able to put on the internet lies about someone, and I do not do it. I never write about anyone or any case unless the person violates my rights, defames me or libels/slanders me and/or asks me to post their case or name on any of my 6 blogs and website. I respect confidentiality.


All decisions by arbitrators at 3020-a are available to the public, all you have to do is file a FOIL request to New York State Education Department at foil@nysed.gov. Just name the person or the arbitrator, and, if you have it, the year of the decision.

Looking at Francesco's arbitration decision now, which he sent to me, I am frightened by the implications of the sustained charges (p. 107) and his promotion of activities under the umbrella of UFT Solidarity. There are many similarities, and I fear that Francesco is deliberately putting other teachers in danger to mitigate his punishment of $10,000. He is telling teachers to do exactly what he was charged with.....the group which is most in danger is probationary teachers, who can be fired for no reason. Principals and APs may see your allegiance to Francesco as a sign of disrespect and insubordination, and fire you without any explanation. Watch out!

Here are the sustained charges for which Arbitrator Felice Busto found Francesco guilty, on pp.7-13 of the Opinion and Award :

SPECIFICATION 6:

During the 2011-2012 school year, Respondent disclosed confidential Department information, including, but not limited to, witness statements, on a non-Department website, including, but not limited to, protectportelos.org.

SPECIFICATION 8:

During the 2011-2012 school year, Respondent inappropriately accessed and/or retrieved Department information, including, but not limited to, a Department email account and/or email messages of another Department employee.

SPECIFICATION 9:

During the 2011-2012 school year, Respondent inappropriately accessed a Department email account and/or email messages of another Department employee.


SPECIFICATION 25:

On or about January 28, 2012, Respondent, without consulting, notifying, and/or seeking authorization from Principal Hill or the I.S 49 administration, accessed the school website, www.Dreyfus49.com, as a site administrator and manipulated the settings to revoke the administrative rights and/or privileges of all individuals previously granted such administrative access.

SPECIFICATION 28:

On or about February 2012, Respondent refused to transfer control and/or ownership of the school website, www.Dreyfus49.com, to Principal Hill, I.S. 49, and/or the Department after agreeing to do so at a meeting with Principal Hill and Superintendent Erminia Claudio.

SPECIFICATION 29:

On or about November 2012, Respondent, without consulting, notifying, and/or seeking approval from Principal Hill or the I.S 49 administration, altered the website www.welearnandqrowtoqether.com, which Respondent had created for the school with Principal Hill's approval, to automatically transfer visitors to his alternative website, https://sites.qooqle.com/site/occupywarrenstreet/, which contained derogatory information about I.S. 49, Principal Hill, and/or the Department.

SPECIFICATION 31:

During the 2012-2013 school year, Respondent, without consulting, notifying, and/or seeking approval from Principal Hill and/or the Department, altered the school website, www.Dreyfus49.com, to automatically redirect visitors to his website, protectportelos.org, which chronicled his issues with various groups including Principal Hill, I.S. 49, and the Department.

SPECIFICATION 33:

During the 2011-2012 school year, Respondent recorded a video in a school facility, namely, I.S. 49, of a student during school hours, without permission or authority.

SPECIFICATION 34:

On or about December 12, 2012, Respondent notified I.S. 49 Superintendent Erminia Claudio that he showed the video referenced in Specification 33 to parents, without permission or authority.

SPECIFICATION 36:

On or about and in the month of September 2012, Respondent:

A. Sent an email message to a parent without permission or authority stating, in sum and substance, that the teacher who sent their son to summer school was not certified to teach and that this message identified the teacher and indicated that her teaching certification had expired.

B. Failed to notify and/or confirm with I.S. 49 administration that the teacher referenced above lacked certification prior to contacting the parent.

SPECIFICATION 38:

By committing one, some, or all of the actions described in the above Specifications, Respondent's actions:

A. Had a disruptive and/or negative impact on students, staff, and/or administration at I.S. 49 and the Department.

B. Caused negative publicity, ridicule, and notoriety to I.S. 49 and the Department."

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

Francesco filed an Appeal (Article 75) of the decision, but missed the 10-day rule by one day. The Judge in Richmond County wrote that he would not have overturned Arbitrator Busto, anyway. (read Judge Troia's decision).

The UFT Solidarity brand stands for all of the above, in my opinion. This is frightening.

Look at Specification #36. This seems to be the sustained charge that Francesco Portelos actually went after another teacher, and created a problem for her/him. Does anyone have any confirmation that this charge relates to the fiance of the IS 49 Chapter Leader, Dr. Richard Candia? The allegation rumored to be this specification was that Francesco wanted to retaliate against Dr. Candia for not helping him destroy IS 49 Principal Linda Hill, so Francesco went after Candia's girlfriend.

If anyone has any further information about this specific sustained charge, please send me an email at betsy.combier@gmail.com.

In any case, to wear the brand of UFT Solidarity proudly showing support for someone who would and could be so vindictive as these sustained charges show is, in my opinion, a badge of shame.

It turns out that Francesco is, in my opinion, the most vindictive bully I have ever met, and he uses his internet knowledge to gain followers to his cult, all of whom believe that it is their right under protection of the First Amendment to say anything they want about anyone. 

On September 20, 2015, at a UFT Solidarity meeting at which I did not attend, Francesco edited a video of a speech made by a former UFT writer (for NY Teacher) Jim Callaghan (pictured at left) to make Jim call me a "homophobe" and make me look like I was a worthless piece of c***, hired only because I filed a FOIL request for the personnel file of the Queens UFT District Representative Rona Freiser. These claims are false, and both Jim and Francesco knew these claims were false. But the 50 people in the room on September 20, 2015 did not know that. Neither did the many listservs and international audience of the video sent out by Francesco with Jim speaking about me.

I asked Francesco to kindly allow me to speak about what Jim said, or he, Francesco, could post on his many internet outlets that what Jim said was not true, but Francesco refused. In fact, he got angry that I asked him, and said that the talk was not about me, so he wasn't going to alter anything, and stay away.

A friend of mine who was in the rubber room which I visited when I worked as a Special Representative at the UFT (2007-2010) posted on her website FidgetyTeach about Jim Callaghan, and suddenly Francesco went after her too. He told her that the reason he attacked me was because I had posted on my blog that Randi Weingarten had changed my life by hiring me to go to the rubber rooms of NYC. Francesco then posted on the listserv my friend started, confidential information about her, in retaliation for supporting me.

Evidently this is the way Francesco keeps people afraid of him. I am not.

The first no that I gave him, was several months ago when he set up a new business, EduFOIL, charging people for his writing Freedom of Information requests. I have filed more than 50 FOIL requests, and when asked by someone how to do it, I just show them my blog, or give them the format I use.

Then a person called me to tell me he paid $29-$50 to get the rating of his principal in 2013-2014, was denied, and then the anonymous people over at EduFOIL told him that he could appeal, for $60.00. But wait a minute!!!! Ratings of principals are no longer available under FOIL, so the person writing under EduFOIL does not know this? But is charging money anyway?

Then, on September 20 came the video saying I was a homophobe, which a person in Francesco's "cabinet" sent me. He is a gay man, and was very upset.

The NY POST wrote an article about his breaking into the confidential records of parents:

Teacher’s tweets threaten kids in tenure suit: parents
By Aaron Short and Carl Campanile July 8, 2014 | 2:53am


An angry city teacher recently sprung from a rubber room spewed online threats against the children involved in a lawsuit to end tenure in New York state, the kids’ parents claim.

Franceso Portelos, who was allowed to return to teaching even though charges against him were substantiated, darkly tweeted that another teacher should “look away” from helping the kids of Sam Pirozollo and Mona Davids, who claim tenure protects lousy educators.

“U need your protection removed so if you see a disservice to little Franklin P or Eric D u look away,” Portelos said under his twitter handle, Mr. Portelos.

He was discussing Franklin Pirozollo and Eric Davids, who are among students named in the suit.

Mona Davids, a member of the Parents Union, responded on Twitter: “ru encouraging tcher 2 ignore a child in need.” An hour later, Davids tweeted: “We are taking this threat very seriously.”

On Monday night, Davids said, “He’s targeting our children, my son.”

Portelos denied ill intent.

“No. It was a sarcastic tweet to another teacher,” he said Monday night, while joining 60 other teachers and union activists who showed up at a Staten Island Community Education Community Council meeting to protest the anti-tenure lawsuit.

Portelos also discussed the personal details of the student-plaintiffs on his blog site, protectportelos.org.

He posted a link to a New York Times article about another student-plaintiff in the case, Izaiyah Ewers, who is identified as having a mood disorder and acting out. The report also said the youngster’s mom entered homeless shelters to avoid an abusive husband.

“Really unfortunate story, but . . . Teacher’s fault?” Portelos asks.

Despite his whining, Portelos seems to be the epitome of the kind of teacher for whom the Parents Union is pressing the suit.

Even though a a report by Special Schools Investigator Richard Condon’s office substantiated allegations that he tampered with a school website, and posted student information on his personal website, a state arbitrator refused a city DOE request that he be fired.

He was fined $10,000, and some parents at Staten Island’s Dreyfus Intermediate School 49 defended him as a good teacher.

But the city Department of Education placed him in the absent-teacher reserve pool instead of reassigning him to Dreyfus.



Parents against teacher tenure say they're being harassed by educator

Mona Davids and Sam Pirozzolo of the New York City Parents Union say there were targeted by educator Franceso Portelos in an angry Sunday tweet.

by Ben Chapman, NY Daily News
Sam Pirozzolo
Two city parents who signed onto a suit to end teacher tenure in New York State say they’re being harassed by an educator who backs the protection.

Mona Davids and Sam Pirozzolo of the New York City Parents Union say they were targeted by teacher Francesco Portelos in a Sunday tweet.

“U need your protection removed so if you see a disservice to little Franklin P or Eric D u look away,” tweeted Portelos, referring to to Davids’ son Eric, 6, and Pirozzolo’s son Franklin, 11. “Teachers need to be protected so they can speak up for any disservice to students,” said Portelos.
*************************
Now we see Francesco trying to shovel himself into the release of confidential information citywide in his new toolbox for teachers and parents, posted recently:

Special Ed Info

Our system is unfortunately plagued with countless Special Education violations. Our neediest students suffer and often times their teachers and paraprofessionals are gagged from speaking up. Although there are avenues to report such violations, history has shown us that none of the methods through 311, the UFT and State Education Department have protected these special ed whistleblowers.

UFT Solidarity is committed to assisting these members and children.

Email spedinfo@uftsolidarity.org and we will work with the administration, the UFT and DOE to remedy the situation while keeping your name a secret.

Steps:

Staff member or parent contact spedinfo@uftsolidarity.org with information on the alleged violation or concern. UFT Solidarity Special Education task force contacts administration on member/parents behalf. Five days are given to remedy the situation.
If situation is not remedied in a week, the UFT, school superintendent, deputy chancellor and 311 are contacted. If the violations are not remedied at this level, the NYS Education Department and media are contacted as well as Special Education advocates.
***We are also there to assist and help with ANY special educaton issue whether you believe it is big or small! If you have a SESIS question or a legal question etc message us!***

Who, Francesco, is giving the legal advice? Victor Jordan?

Frightening. This one person, Francesco Portelos, shows the world why tenure should end.

Tuesday, June 2, 2015

North Carolina Court Says That Repeal of Tenure Law is Unconstitutional

Thank you Judge Stephens!!!

Are you listening, New York State? Let's keep tenure law on the books, and keep our teachers safe and sound.

Betsy Combier


Just in: Court of Appeals Says Repeal of NC Tenure Law is Unconstitutional
Posted by : Sharon McCloskey Tuesday, June 2, 2015
LINK

The General Assembly’s 2013 repeal of the teacher tenure law amounted to an unconstitutional taking of contract and property rights as to those teachers who’d already attained that status, according to a Court of Appeals opinion released this morning.

Writing for the court, Judge Linda Stephens said:

(W)e cannot escape the conclusion that for the last four decades, the career status protections provided by section 115C- 325, the very title of which—“Principal and Teacher Employment Contracts”— purports to govern teachers’ employment contracts, have been a fundamental part of the bargain that Plaintiffs and thousands of other teachers across this State accepted when they decided to defer the pursuit of potentially more lucrative professions, as well as the opportunity to work in states that offer better financial compensation to members of their own profession, in order to accept employment in our public schools.

The ruling by the three-judge panel affirms Superior Court Judge Robert H. Hobgood’s decision handed down a little over a year ago.

Under North Carolina’s “Career Status Law,” teachers in their first four years were deemed “probationary” and employed year-to-year under annual contracts. At the end of the four-year period, they became eligible for career status, giving them rights to continuing contracts and due process protections from arbitrary or unjustified dismissals.

In summer 2013, lawmakers enacted a repeal of that law in an effort to rid the state of tenure by 2018, saying that it enabled bad teachers to stay in the system.

They eliminated tenure for teachers who had not reached career status by August 2013 and revoked career status for all teachers by July 2018.

As an enticement for already-tenured teachers to act sooner, lawmakers also required local school boards to offer 25 percent of them temporary 4-year contracts with annual raises of $500 in exchange for giving up their tenure rights early.

In May 2014, Judge Hobgood ruled that the revoking of tenure for teachers who’d already reached career status was unconstitutional, as was the “25 percent” plan, which Hobgood said included no standards to guide school districts and served no public purpose.

As to teachers who had not yet achieved career status, though, Hobgood found that they had no protectable contract rights and thus could not challenge the repeal.

Two judges on the panel, Stephens and Martha Geer, largely agreed with Hobgood’s ruling.

But Court of Appeals Judge Chris Dillon issued a separate opinion in which he agreed only with the lower court’s finding that tenured teachers had property rights warranting a hearing in the event they were dismissed (something the repeal did not allow).

Read the full opinion here.


Teacher Tim McNamara has concerns about the implementation of the state’s new contract system, which will
eventually replace teacher tenure
Teachers worried and confused over new contract system
LINK
Posted on 11/20/2013 by Lindsay Wagner

Durham Public Schools high school English teacher Tim McNamara just got his first up-close look into the implementation of the new teacher contracts that were passed into law last July.

The contracts, which will eventually replace teacher tenure and are slated to begin with the 2014-15 school year, were described by DPS’ Office of Human Resource Services in a draft Power Point presentation forwarded to McNamara via email by another educator. The presentation also proposes a selection process for awarding 4-year contracts that come with a $5,000 pay bump to 25 percent of all eligible teachers.

“A couple of colleagues apparently went to a meeting on the new contracts that I wasn’t invited to,” said McNamara. “Then one of them just forwarded along an email about this that said, “if you have any questions, just look over the Power Point.”

McNamara does have a few questions about the selection process for the 4-year contracts, in addition to concerns surrounding the contracts altogether.

“I think in general the big concern is that if you look closely,” said McNamara, “it [the contract system] removes a right to a hearing or a right to request information about why our contracts might not be renewed. So there’s no recourse if we’re not asked back after a 1-, 2-, or 4-year contract.”

According to one lawmaker, the new teacher contracts have not been well-received by teachers and principals in his district – regardless of political affiliation.

“I just finished visiting 33 schools over a six and a half week period in my district,” Rep. Rick Glazier, D-Cumberland, told NC Policy Watch. “Almost without exception, principals and faculty members talked to me about this [teacher contract] provision and the incredibly demoralizing effect it is having in combination with other legislative changes that happened this year.”

The shift from tenure to contracts

Teacher tenure, formally known as “career status,” was enacted in North Carolina in 1971, under “An Act to Establish an Orderly System of Employment and Dismissal of Public School Personnel.”

Career status was intended not as a guarantee of a job for a school teacher, but rather as a protection of due process rights. If a teacher finds that he or she has been dismissed or demoted, with career status that teacher has a right to a hearing by a neutral third party that would sift through the evidence and make a determination of whether or not the dismissal or demotion was based on sound evidence.

In July, lawmakers passed a budget bill that abolishes career status for teachers.

Public school teachers protested an end to tenure this summer outside the NC General Assembly.
Public school teachers protested an end to tenure this summer outside the NC General Assembly.
Sen. Phil Berger is a longtime proponent of doing away with teacher tenure, saying that the current system does not remove bad teachers from the classroom.

“Our current system, in many respects, rewards mediocrity, punishes excellence by granting unlimited job security to all who teach a few years,” Berger said last March at a news conference to unveil his Excellent Public Schools Act of 2013 – which contained language that ended career status and was ultimately inserted into the budget bill passed last summer.

In place of career status, lawmakers have devised a system that puts teachers on 1-, 2- or 4-year temporary contracts. Teachers whose contracts are not renewed would not have a right to a hearing or even an explanation as to why they are being let go.

For the 2014-15 school year, teachers who already have tenure have the option of choosing whether or not they want to give up their tenure for a contract. By 2018, however, all teachers will be required to be on contracts and tenure will be completely abolished.

At this stage, only 25 percent of teachers will have the option of accepting 4-year contracts, which come with a $5,000 pay increase spread out over those four years. It’s not clear if teachers will have an opportunity to opt-in to 4-year contracts after the 2014-15 school year.

The State Board of Education is currently considering this model contract for teachers, viewable here.

Selecting the 25 percent

How will local school districts choose the teachers who will be eligible for 4-year contracts—and the $5,000 raises?

“Previously, I had been told our principal would make the determination,” said Tim McNamara, who teaches English at Middle College High School at Durham Tech. “But the Power Point says the superintendent will have the authority to make selections and will use criteria like years of teaching and evaluations to determine who gets the contracts.”

The law provides some guidance on selection of the 25 percent of teachers eligible for 4-year contracts.

Selected teachers must have been employed for at least three consecutive years by the local school board. And during the academic year 2013-14, superintendents shall review the performance and evaluations of all teachers, selecting 25 percent of those who have shown effectiveness as demonstrated by proficiency on the teacher evaluation instrument and recommending them for 4-year contracts to the local school board.

Durham Public Schools’ Power Point presentation, which is a working draft that contains a selection process that could change and must be approved by the local school board, according to DPS’ Director of Public Information Chip Sudderth, indicates that 355 of Durham’s teachers and other instructional personnel can be eligible for 4-year contracts.

To determine who could be one of the 355 teachers, the presentation provides the following guidance:

“Review evaluations of eligible staff (3 years or more) and eliminate staff who are not proficient on any standard. If narrative evaluations or no evaluations are available a committee of 3: HR Administrator, TOY and POY will use a point system and determine proficiency and numerical ratings.

Assign numerical value to standards included in the teacher summary rating form: Not Demonstrated-0; Developing-1; Proficient-2; Accomplished-3; Distinguished-4 for past two years (2011-12 & 2012-13); divide total by number of ratings; sort highest to lowest.”

McNamara says this system has some problems.

“So the superintendent will use my principal’s evaluation, which will be converted into points that may or may not qualify me for the 25 percent. But there’s no consistency there, because my principal could evaluate me differently than how another principal evaluates someone at another school,” said McNamara.

“Furthermore,” he said, “how do you rank someone who teaches honors level ACT students and compare that person with a teacher who deals with students in 9th grade remedial English?”

Who will take advantage of the contracts?

“You are asking us to build the gallows.”

That message was from one teacher in Rep. Rick Glazier’s district, who refused to take part in a principal’s brainstorming session seeking teacher input on selecting the 25 percent of teachers who would get 4-year contracts with raises.

Teachers are already frustrated with the raft of changes brought by the General Assembly in 2013. Salaries were frozen yet again, even though North Carolina ranks 46th in the nation in teacher pay. Cuts to instructional supplies and teacher assistants were severe. Teachers will no longer be afforded salary supplements for advancing their education. The NC Teaching Fellows program was defunded in exchange for bolstering the Teach For America program.

Implementing a pay for performance system, as the 4-year contract begins to do, could lower student achievement.

“Performance-based pay will likely take more of the focus away from the true exploration of ideas…and redirect the focus onto achieving higher test scores, which don’t necessarily reflect “better” educational techniques or outcomes,” said one teacher who submitted their story to NC Policy Watch’s “Your Soapbox” feature.

If eligible teachers don’t take advantage of the 4-year contracts in order to hold onto tenure and their due process rights, they also give up a real chance at pay raises – the first they have seen in years.

“Let’s say I haven’t gotten a raise in the last 5 years,” said McNamara, “and I opt out of the 4-year contract or I don’t qualify—then I’m looking at nine years of no pay raises here in North Carolina.”

Also unclear: what happens when not all of the 25 percent of eligible teachers accept the 4-year contracts? What is done with the surplus funds?

Who can opt out?

Public charter schools, which are funded with taxpayer dollars, are exempt from implementing the new teacher contract system.

Most charter schools do not adhere to the state salary schedule nor do most of them provide career status, or tenure, to their teachers to begin with.

Beth Carter, a teacher at Cape Fear Center for Inquiry, K-8 charter school in Wilmington, says she’s happy her school is excluded from the contract system.

“I don’t want our director to have to make that decision,” Carter said about awarding only 25 percent of the staff with contracts that include raises. “And I don’t want our staff to be divided. It [the contract system] is so counter to what we’re trained to do as professionals. We’re trained to collaborate and help one another, not compete and get someone’s attention so we’ll get more money than someone else.”

Eddie Goodall, executive director of the North Carolina Public Charter Schools Association, says charter schools already have the ability to reward the best teachers.

“The purpose of the new law is to separate educators based on their effectiveness. Charter schools can already do that, and I hope that charter schools are rewarding excellent teachers.”

Some traditional public schools are already looking to exclude themselves from the teacher contract system.

All of the teachers and support staff at Murray Middle School in New Hanover County have signed a petition to oppose the contract provision and reject any state money associated with it.

It’s not clear whether or not schools or local school boards have the legal standing to reject the teacher contract provision of the law.

“If there’s any capacity to do it,” said Rep. Glazier about rejecting the contract provision, “then local school boards ought to try.”

“But more importantly, local school boards should pass resolutions opposing the provision, explaining why its ill-timed and ill conceived, and suggesting the legislature repeal the provision. Then they should send those resolutions to the legislature and the Governor’s office,” said Glazier.

Tim McNamara says he will definitely opt out of the contract provision.

“I have zero intention of coming back to North Carolina schools after this year,” said McNamara.

In addition to seeking out better job security, McNamara said, “there are 46 other states that will pay me a fair and equitable wage.”

Monday, January 27, 2014

California Students File Lawsuit To End Tenure

Raylene Monterroza takes questions from the media, as she is joined by eight other California public school students who are suing the state to abolish its laws on teacher tenure, seniority and other protections, during a news conference outside the Los Angeles Superior Court Monday, Jan. 27, 2014 in Los Angeles. Their case Vergara v. California is the latest battle in a growing nationwide challenge to union-backed protections for teachers

LINK

LOS ANGELES (AP) — In a packed courtroom, attorneys unveiled opposing views Monday on the emotionally divisive issue of whether California public school teachers should be protected from dismissal if they are found to be grossly ineffective in their jobs.
The opening volleys in what's expected be a monthlong trial came from lawyers for nine students seeking to abolish teacher tenure and seniority, and from attorneys for the governor, state education department and teacher unions who say such extreme measures are not needed.
"The evidence will show that the impact of an effective teacher is profound and undeniable," said attorney Theodore Boutrous Jr. "This is the gateway to their success in society."
He said he will present experts and studies showing that achievements in later life can be measured by interactions with good teachers.
One study showed that students taught by ineffective teachers had their lifetime income reduced by $2 million, Boutrous said.
The trial, being heard by Superior Court Judge Rolf Treu without a jury, is the latest battle in a nationwide trend.
Dozens of states have moved in recent years to abolish or toughen the standards around giving teachers permanent employment protection and seniority-based preferences during layoffs.
Unions say eliminating such laws would erase a vital support system for a profession that is already losing talented people to higher paid positions in the private sector.
The first named plaintiff in the case, 17-year-old Beatriz Vergara, will testify about teachers falling asleep in class, sitting and reading newspapers or playing YouTube videos while ignoring students, the lawyer said.
The students oppose the tenure system they say keeps bad teachers in classroom. Boutrous said the granting of tenure, which amounts to lifetime employment protection, after 18 months on the job is inadequate to guard against accepting unqualified teachers.
He said there are 275,000 teachers in California but under the current rules, the state dismisses just 10 teachers a year for being ineffective in their jobs.
Lawyers for the state and unions countered that most teachers targeted by such claims usually resign before dismissal is necessary.
Central to the lawsuit is the claim that teachers who fail are shuttled to schools in minority and poor neighborhoods, giving those students an unequal education. Boutrous said that is a violation of the state constitution's guarantee of education.
Deputy Attorney General Nimrod Elias told Judge Treu that 18 months is more than enough time to identify teachers who are "the worst of the worst."
He and attorney James Finberg, representing the teachers union, said the guarantees of tenure, seniority and other benefits are necessary to keep teachers in the low-paying jobs.
"Our schools struggle to retain teachers," he said, noting the challenge is greatest in high-crime areas.
Elias noted that Gov. Jerry Brown has made education a centerpiece of his budget and plans to pour funds into schools in low-income and minority areas.
Boutrous said Los Angeles Unified School District Superintendent John Deasy will be among the witnesses called by the plaintiffs.
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Associated Press writer Julie Watson contributed to this report.