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Tuesday, December 7, 2010

UFT Goes To Court To Keep Teacher Data Confidential

Here is the problem with the release of teacher data: what if the scores are false? Not all of them, but enough to say that teacher data cannot be accurately reported because there is too much cheating, and other misconduct going on in the public school system to reflect true performance of anyone.

What if principals routinely placed teachers that they wanted to get rid of, in classrooms where most of the kids were known to have behavior issues?  Or, let's say you are a middle school science teacher and you are assigned to teach english as a second language. You have no license or degree in ESL. You have to teach. What do you do? You go to the bookstore, learn the curriculum, and do it the best you can.

But it really doesnt matter, because the principal will give you an end-of -year "U" (for "unsatisfactory) rating anyway. You grieve the position as outside of your license area, but you lose, as 99% of grievants do. No one at the UFT will help you get a job in your subject area. You fail.

The score that you get for teaching this class is not good, but does this reflect your teaching ability as a science teacher? Nope. Only no one will help you get this off your record, and before you can get it removed from your file three years from now, I betcha you will have another U and maybe even a couple of disciplinary conferences in there for various kinds of misconduct that you dont know anything about.  This means re-assignment if you are tenured, and termination if you are probationary. Bye bye.

Getting rid of an excellent teacher is not hard if you follow the Gotcha Squad formula. Your score in the teacher data released to the public? Not really about you, it's about the system. I have graded this sytem: F

I also suggest that as the staff of the United Federation of Teachers have done nothing to help members placed in classes that are outside their subject area, permitted a clause in the UFT contract in 2005 that denied all members their right to grieve a letter in their file, and have assisted in 99% of all teachers losing their U-rating appeals, the UFT staff is an accomplice in creating and maintaining the false teacher data that they so want to hide. The grade that I give them: F

Here are the papers in the lawsuit as of yesterday, Dec. 7, 2010. Submission of papers for the intervenors is today
Betsy Combier

Article 78
Notice of Motion To Intervene

Showdown Nears On Release Of NYC Teacher Ratings

by The Associated Press, December 7, 2010
UFT President Mike Mulgrew
LINK

A dispute over whether to release performance ratings for 12,000 New York City schoolteachers is pitting the public's right to know which teachers are making the grade against teachers' fears that they will be unfairly subjected to ridicule based on student test scores.

A hearing is scheduled Wednesday in a state court after the United Federation of Teachers filed a lawsuit seeking to keep the data confidential. The union called the ratings "unreliable, often incorrect, subjective analyses dressed up as scientific facts."

The teacher ratings controversy follows a scandal in Los Angeles in which a teacher committed suicide after the ratings were released. It comes during a transition period for the nation's largest school system, as publishing executive Cathie Black prepares to take over from outgoing Chancellor Joel Klein.

Black, the chairwoman of Hearst Magazines, has not spoken publicly about the teacher ratings since Mayor Michael Bloomberg announced her appointment as schools chancellor on Nov. 9. Klein made the case for releasing the data in an Oct. 24 op-ed piece in the New York Post.

"It's a quantitative way to show what many of us have argued for years — not all teachers are equally effective," Klein said.

"We aren't naive about the impact this release could have on our teachers," Klein added, "which is why we hope that no one misuses the data or views it as an opportunity to scapegoat teachers."

Opponents say such scapegoating is inevitable.

"I fear the humiliation that teachers will face when these scores are released," said Martha Foote, who organized a petition drive against the release of the teacher ratings at Public School 321 in Brooklyn, which her son attends.

The planned release of the teacher ratings comes after The Los Angeles Times published similar data, known as value-added analysis, for 6,000 Los Angeles teachers in August.

The United Teachers of Los Angeles protested the Times' publication of the teacher ratings and has blamed the suicide of fifth-grade teacher Rigoberto Ruelas on being listed as a sub-par teacher.

"Seeing himself outed as an ineffective teacher was the straw that broke the camel's back," said union president A.J. Duffy.

Following the publication of the Los Angeles scores, several news organizations filed Freedom of Information Law requests for similar data for New York City teachers.

The city planned to release the data in October before the union filed its lawsuit.

Value-added analysis is a method for calculating teacher effectiveness based on how the teacher's students perform on standardized tests.

Used by hundreds of districts around the nation, value-added scores are designed to measure whether a particular teacher's students performed better or worse than expected on statewide math and English tests.

The statistical model that New York City uses to calculate value-added scores takes more than 30 factors into account including the students' ethnicity and whether they are poor enough to qualify for free lunch.

"Value-added scores level the playing field by enabling one to compare the effectiveness of teachers who teach different populations of students," city Department of Education official Joanna Cannon said in an affidavit filed with the court.

Cannon said the scores are "specifically designed to take into account factors outside of a teacher's control so that teachers are not rated ineffective simply because they teach lower-performing or disadvantaged students."

But the United Federation of Teachers argued in its lawsuit that the value-added scores cannot account for all the factors that affect student performance on tests, such as whether a teacher is assigned to a more difficult class one year than another year.

The union said value-added scores are intended as confidential data to be used by principals in conjunction with other measures including direct classroom observation and the quality of student work.

The union that represents New York City principals is supporting the teachers union. Council of Supervisors and Administrators President Ernest Logan said the value-added model "has too many bugs in it."

Experts who have studied value-added methodology agree it's difficult to control for all the factors that can influence student performance.

"Is the school counselor good?" said Jeffrey Henig, a professor at Teachers College at Columbia University. "Is the principal good? Is the building condition conducive to learning?"

Jon Cohen, senior vice president and director of the assessment program at The American Institutes for Research, a Washington, D.C.-based think tank, said test scores could be affected by "whether a friend got beat up in the neighborhood that week."

"The random component is large," he said.

Many New York City parents will no doubt want to see the scores.

"It has some value," said Daniel Monte, who was dropping his first-grader off at Public School 33 in Manhattan. "I don't see how it could be a bad thing — except for the teachers."

But Robert Margolis, who has a sixth-grade son at the Clinton School for Writers and Artists, said he is "not a big believer" in standardized tests.

"They measure something but I'm not sure what," he said.

Los Angeles Unified School District spokesman Robert Alaniz said that after the Times published the scores, the district briefed principals on how to explain them to parents.

Alaniz said the district feared that droves of parents would demand to have their children moved to teachers with higher scores, but that did not happen.

"We're hoping that parents understood that the value-added is not a total tool for all of a teacher's effectiveness," Alaniz said.

Monday, December 6, 2010

Melissa Petro, NYC Teacher Now In The Rubber Room

Melissa Petro
Read below Melissa's essay on why she feels she should still be teaching. In my opinion, if she is a good teacher, LET HER TEACH, and let's not judge people so quickly that we lose sight of fairness and human rights. I am the mom of four daughters, and each one would gladly have Petro as a teacher if she was willing and able to inspire them in art or any creative activity. Two of my daughters are artists and two are professional opera singers, starting at the ages of 9 and 5.

And Mayor Bloomberg, I'd very much appreciate your explanation for removing her from her  tenured position as a teacher, for her past work as a sex worker, when the person you appointed as Chancellor for NYC designed an app for the iphone and droid that taught sexual positions to teens.....

Isn't this disparate treatment?
Writing From the Rubber Room

by Melissa Petro, Huffington Post
LINK

It was over three years ago that I was selected by the New York City Teaching Fellows program to become a public school teacher. I didn't know, at that time, that I wanted to be a teacher -- I knew only that I liked working with children, and I needed a job. The NYC Teaching Fellows bills itself as a highly competitive program that recruits and prepares "high-quality, dedicated individuals from different backgrounds and careers to become teachers in our city's public schools." At the time I applied to the Teaching Fellows I was a writer and a graduate student, working as a research assistant in a public hospital while earning my Masters degree in Creative Nonfiction from the New School.
I was also a former sex worker. Of this, I made no secret. My academic and creative writing has appeared in numerous publications online and in print since 2006. My work is included in the NY Times acclaimed anthology Hos, Hookers, Call Girls and Rent Boys: Professionals Writing on Love, Sex, Money and Work as well as in Sex Work Matters: Power and Intimacy in the Sex Industry. I have presented at multiple conferences on the issue of women's participation in the sex industry and regularly participate in literary readings around the city. My thesis at the New School, completed the same semester I was accepted into the Fellows program, was entitled "Selling Sex."
Having spent more than a decade making meaning of my own self and my experiences -- as well as having conducted ethnographic research in the United States and Europe, interviewing prostitutes and other sex workers about themselves and their professions -- I am deeply committed to fighting for the preservation of the rights and integrity of current and former sex workers. Specifically, I advocate for decriminalization and de-stigmatization of the industry, so that women and men who choose to sell sex can do so with greater protection and less fear and so that individuals who choose to exit the industry can do so with a more honest, right-sized understanding of their experiences -- the kind of honest, right-sized understanding I have worked so hard to have for myself.
While I would not say I am the same person in a spiritual sense, what is undeniable is that I was, at one time, a sex worker and was, until recently, a teacher. Writing and sharing my story was and continues to be a part of my recovery from my history. Through writing and performing my work I learned that my feelings matter. My thoughts and experiences are important. Others can relate and be helped by my sharing. As a writer, I learned to trust in the validity of my opinions and that I could humbly express such opinions -- indeed, it is my First Amendment right to do so. No doubt the fact that I was a working writer was partly the reason I was offered a position at PS 70 in the first place, where I taught art and creative writing with a seriousness of purpose unique, I believe, to those of us who go home and live the lessons we teach.
Of all the actions I've taken in my lifetime, there has been no greater source of pride and esteem than I found in working as a teacher. Over the past three years, I grew to love my profession. My first and second years, I worked hard to earn a Masters in Childhood Education while teaching full time, working before and after school to self-design an arts curriculum and create an arts-rich environment in a school that formerly had no art teacher at all. I was involved in my school's community and respected amongst my colleagues. I was as positive an influence on my student's lives as they were on mine.

All this changed the evening of Sunday, September 26th when I received a phone call at my home from a woman that identified herself as the Superintendent of Schools in District 9, informing me that I had been reassigned to administrative duties pending a Special Commissioners Investigation. It was the next day when an article appeared on the front cover of the September 27th edition of the New York Post. This article, headlined "Bronx teacher admits: I'm an ex-hooker," began like this: "Meet Melissa Petro: the teacher who gives a new twist to 'sex-ed.'" In the article I am described as a "tattooed former hooker and stripper" who was "shockingly upfront about [her] past," posting "online accounts" of my so-called "sexcapades" including an essay in which, according to the Post, I "claim" to have been a prostitute. The essay that statement is in reference to is an opinion editorial posted on September 7th at the Huffington Post, in which I disclose having accepted money in exchange for sexual services sold on Craigslist from October 2006 through January 2007, some months prior to my becoming a teacher. In that article I described the lifestyle I was living at that time as "physically demanding, emotionally taxing and spiritually bankrupting" and go on to say that "I hope to never again make the choice to trade sex for cash even as I risk my current job and social standing to speak out for an individual's right to do so."

Since the New York Post's "exclusive," I have sat in reassignment while the Special Commissioners investigated what I had been open and honest about all along. "Reassigned" means that instead of teaching I report to the administrative offices at 65 Court Street where I sit six hours and fifty minutes each weekday in a windowless cubicle at a generic desk designated as mine. The system of reassignment -- formerly called "rubber-rooming" -- is a well reported controversy. We who've been reassigned are scattered inconspicuously throughout the building, indistinguishable from the DOE's actual administrative employees. Publicly the DOE claims that people who have been reassigned are doing administrative work, but the reality is that no such work exists. For the past two months I've been paid my full salary to sit in what amounts to detention.

I believe workers should be allowed to live self determined lives outside the workplace and that, so long as that individual performs competently at his or her job, one's personal life -- particularly one's personal history -- should be inconsequential to his or her employer. In the age of the internet, individuals' lives outside the workplace are becoming increasingly harder to hide. While in my case I made no secret of my identity, neither as a former sex worker nor as a writer, as we advocate for individuals' rights to privacy, I believe what must simultaneously be challenged are society's outdated notions of what kind of individuals -- particularly, what kind of women -- are fit for certain jobs. Certainly, the attention generated by my story illustrates that, for many -- including, it seems, Mr. Bloomberg -- the kind of woman fit for working with children is not the kind of woman who would, at any time in her life, have participated in any aspect of the sex industry -- or, if she had, she certainly wouldn't want to talk about it today.

Two months later and the results are in: As I suspected, the DOE could find no evidence of anything inappropriate about my conduct as a teacher, other than my having an opinion with which many disagree on a controversial topic that few know much about. That is to say that the OSI investigation found nothing other than my work as a writer and that -- though mischaracterized in the report -- I stand behind. I never did anything at work or -- in my opinion, outside of work -- to warrant removal from my job. My writing or opinions on sex work in no way affected my role as a teacher. If people were truly concerned about the children, they would have investigated this privately and found this to be true, rather than plastering my image all over the tabloids and exposing my students to the vague claim that their art teacher is in some way a bad person. The fact is, administration at my school was aware of my situation and was supportive up until the day of my reassignment. At the end of the day, I believe I was put on reassignment not for my work outside of the classroom -- which I have made no secret of from the beginning -- but because the Post embarrassed the DOE.

The DOE may be embarrassed by the New York Post, but I am not. I have no regrets and have done nothing I'm ashamed of. I have worked hard to become the woman I am today -- a woman of dignity and grace, not to mention a competent teacher as well as an accomplished writer. I do not deserve to be shamed or punished or made to feel useless, and yet here I sit in "reassignment." Given the negative attention this situation has received I still hope though do not expect I will be returned to teaching. That said, I firmly believe I should have the right to teach despite my past and despite my conduct outside of the workplace -- which I perceive as courageous and important and certainly not "unbecoming." I believe teachers should not be removed from their positions for living their lives outside the workplace, for having histories from which they've overcome -- overcome, in my case, in large part precisely by speaking out and sharing my story -- and certainly not for having and expressing opinions. I believe an important part of life is making mistakes, and learning from those mistakes is what makes us -- as individuals, as well as a society -- evolve. While my conduct prior to my becoming a teacher may be morally reprehensible to some, I harmed no one the way I harmed myself. To those I have harmed, I have made amends. I've asked for God's forgiveness and I have forgiven myself. For me, the punishment of living the lifestyle I lived prior to becoming a teacher was punishment enough. I do not deserve and will not be punished any further. I am entirely comfortable with the who I am today and more proud than ever of the job I did as a teacher, of which even the Post could find no way of describing me other than "well liked."

The way I see it, if anyone's being punished by this situation it's my former students. As far as I know, they still haven't replaced me, which means these kids still don't have an art and writing teacher. Now that's the real shame.

NYC Pushes To Fire Melissa Petro, Teacher Who Blogged About Craigslist Sex Work

Huffington Post, Dec. 2, 2010
LINK

In September 2010, New York City art teacher Melissa Petro wrote a blog post on HuffPost about her time working as a prostitute using Craigslist's adult services section.


After her past was revealed, New York City Mayor Michael Bloomberg personally ordered Petro out of her classroom, reports the New York Post.

According to video footage of Petro performing at open mic nights, the 30-year-old teacher is also open about the time she spent being paid to work as a stripper in Mexico.

Petro has taught at P.S. 70 in the Bronx since 2007. Now, education officials are trying to permanently remove Petro from her post -- although she became a tenured teacher just days before blogging about her experiences in sex work.

Although firing a tenured teacher is complicated, the New York City Department of Education is pushing ahead.

The New York Post reports that city officials charged Petro on Wednesday, Dec. 1, with charges of "conduct unbecoming a teacher."

However, officials declined to release the full report detailing the charges against Petro, NY Daily News reports.

Bronx teacher admits: I'm an ex-hooker
By KEVIN FASICK and YOAV GONEN, NY POST, Sept. 27, 2010
LINK

Meet Melissa Petro -- the teacher who gives a new twist to "sex ed."

The tattooed former hooker and stripper has been teaching art in a Bronx elementary school for three years, The Post has learned.

Calling herself a "for mer sex worker," the well-liked teacher has been shockingly up front about her past -- posting online accounts of her sexcapades in Mexico and Lon don.

But in her boldest move, the 30-year-old posted an essay this month claiming she also had been a pros titute.

"From October 2006 to January 2007, I accepted money in exchange for sexual services I provided to men I met online in what was then called the 'erotic services' section of Craigslist.org," wrote Petro on The Huffington Post, using her real name and picture.

The attached bio identifies Petro, who has an MFA in creative nonfiction from The New School, as a "former sex worker, researcher, writer, educator, and feminist."

It appears she managed to keep her shenanigans a secret from parents at PS 70 -- who were stunned by the revelation.

"I don't want nobody that used to do that to be around my kid," said Grace Ventura, whose son is in third grade. "People like that should not be allowed to be anywhere near children."

Yocelyn Quezada said perhaps Petro had managed to turn her life around, but she still fumed that a former money honey was teaching two of her three kids.

"She's not a good role model. I do not want my daughters to find out about this," Quezada said, "and I do not want my daughters to be around that kind of person."

Despite predicting in one online posting that "that this would be a conversation I'd someday be compelled to have," Petro declined twice to speak with The Post.

Principal Kerry Castellano referred questions to the Department of Education's press office, which said Petro had been reassigned to administrative duties pending an investigation

But Petro's posts show she was warned by at least two school staffers -- including one administrator -- that her refusal to be more cautious about her history could land her in hot water.

"In an off the record conversation, a sympathetic administrator kindly asked if I couldn't publish under a pseudonym. I wish, for her sake, I could," Petro recently wrote on The Rumpus, an online magazine.

Petro, who earns $61,000 a year, also wrote that a co-worker had warned her that some of her colleagues were beginning to Google her.

"There have been lots of rumors going around about her for a while now," one school worker told The Post. "I wouldn't want my kid to be in a school where she is."

kevin.fasick@nypost.com

Sunday, December 5, 2010

A Look Back: Andrew Wolf On "Banana King Bloomberg", 2008, And "The Fix Is In", 2010

One of the best journalists around, in my opinion, is Andrew Wolf of the New York Sun. He seems to always hit the nail right on the head as far as Mike Bloomberg's education mess is concerned.

As you read the articles below, dont forget that NYC has just suffered under the worst leadership of the public school system ever. Three articles I posted on this blog, "Kleingate", Mike Bloomberg and Joel Klein, Inc., and "Score Scandal" are just the tip of the iceberg I have named, somewhat affectionally, "violation of rights" that freezes the mind with just how much lawlessness the Bloomberg/Klein regime has gotten away with over the past nine years ("The Gotcha Squad" is still alive and putting teachers on suspension and/or terminating for no reason). Someone must be exceptionally gifted in pulling the wool over the eyes of the public in order to get away with long-term public fraud, and Joel Klein is not good at this. Neither is Mike Bloomberg. The fact is, when piercing, relevant questions are asked about some policy or rule that doesn't make sense, both Bloomberg and Klein attack, belittle, or ignore the person asking the questions. This doesn't work with me and others who know what is going on.

I'll give you one example that will be in my book:

In November 2006 I wrote an article for my website Parentadvocates.org on teacher Hipolito "Polo" Colon who sued his NYSUT Attorney Steve Friedman, Joel Klein, and the NYC Board of Education (Panel For Educational Policy - PEP) in New York State Supreme Court. His cause of action was told he would be terminated on September 19, 2006 at an Executive Session of the Panel because he did not request a 3020-a hearing after getting charged. Problem was, he was out of state when the BOE sent the charges to him the last day of school, and he didnt get any notice until he found 3 return notices in his post office box when he returned in August. Anyway, on September 18, 2006 I served BOE General Counsel Michael Best with an Affidavit that stated the facts of how the vote on the termination could not go forward, and it didnt. On October 13, 2006 Polo filed a lawsuit for violation of his due process rights as a tenured teacher using the lawless PEP Executive Session termination hearings as one part of his whistleblower complaints. The PEP kept meeting in secret Executive Sessions through the 2009-2010 school year. I dont believe that an Executive Session has been held this year, but if you have any information on this, please email me at betsy.combier@gmail.com.

What has been overlooked by the media and everyone else, is the fact that the PEP members have routinely violated the rights of tenured teachers since the lawless Panel was set up in 2002. Bloomberg did away with a vote for school boards and local school boards. We, the public, have no representation by election of any person currently sitting in positions of deciding our children's futures.

In 2002-2003 the PEP started immediately voting to terminate tenured teachers who did not return the form asking for a 3020-a hearing (pursuant to Education Law 3020) to the General Counsel within 10 days after receiving their charges. But they did not vote properly. The PEP members read the charges and voted on termination behind closed doors at an Executive Session BEFORE the regular public meeting began. This is a violation of Open Meetings Law Section 105. I contacted Bob Freeman at the Committee on Open Government and he agreed with me that this was indeed a violation of section 105. (See Mr. Freeman on youtube, May 2010).

While you are at it, read Section 106 about minutes. Today, if you go to the PEP website you will see "Minutes of Action". Interesting title, but not really what I, a former PTA President, would call the rundown of the PEP meeting. These postings are new, by the way. Attorney and General Counsel Michael Best has the job, as Secretary of the PEP, to write minutes of each meeting and post on the NYC BOE. Several years ago I filed a Freedom of information request for his minutes, because I've never seen any posted on the BOE website, and I received a couple of agendas. Watch Mr. Best, you will see that he never writes the minutes, and it seems no one else does either. Considering the technologically advanced posibilities for the PEP to take advantage of, one might wonder why there is all the secrecy.

Of course I dont. And now, you dont either. Back to the present, with a waiver being given to Cathie Black who has, unlike Joel Klein, absolutely no public service in her past nor any public/private teaching experience. But Mike Bloomberg wanted her. So, he appointed her. Why didn't he wait until he had given her an Honorary Degree at some University before he made the appointment??? Then he may have gotten away with his bully pulpit, and not been sued by Eric Snyder, a brilliant attorney who saw that once again, the agenda of Mike doesn't comply with the law. I posted his Article 78 so everyone can read the lawsuit. Kudos Mr. Snyder!!!!

Have a great day.

Betsy Combier
Banana King Bloomberg
By Andrew Wolf, Tuesday, October 14, 2008, 7:01:16 PM
LINK

New York City is about to become a “banana republic,” ruled not by the will of the people, but rather by the will of one man, our “benevolent” dictator, King Michael Bloomberg.

Twice the voters mandated term limits for city elected officials. They spoke clearly and their desires were respected. As a result, some very fine public officials were forced to step down. And it must be pointed out that the current crop of City Council members, beneficiaries of the law and the mayor knew exactly the terms of their employment.

Earlier suggestions that the Council repeal term limits so that their members could run for a third term or beyond were called “disgusting,” by Mayor Bloomberg himself.

But now as his own clock winds down, King Mike is attempting what is nothing more than a Beer Hall Putsch, and the Beer Hall is the City Council chamber. Enlisting the pliable, gutless and morally bankrupt Council Speaker, Christine “Lap Dog” Quinn, the mayor is about to “steal” an illegal third term. No matter what you think of Bloomberg as mayor, you should fear this gambit, and resist it with every fiber in your being. Rules are rules and respect for the law must not be tampered with. Ever.

Let’s start with the premise that the mayor is the only person who has the ability to “save” the city during the financial crisis. This is the same argument made by Mayor Giuliani, somewhat more persuasively, after 9/11.

Certainly with smoke still rising from the site of the World Trade Center, daily updates in the body counts, and disarray in the financial markets, a real crisis was at hand. All Giuliani asked for was a few extra months. Yet the plan was dropped as cooler heads prevailed. In a democracy, no one man is indispensable.

Now the “Indispensable Emperor” wants an extra four years. As the old Mike Bloomberg would say, it’s “disgusting.”

Before we end democracy in New York, we should closely examine the record of Michael Bloomberg. Is he indispensable? No. In fact in my view he hasn’t even been a good mayor, and continuing him in office would be a disaster.

In a city where the town’s richest man serves as mayor, and the media is greatly compromised by his wealth and influence, sometimes all news appears good, even when it is not.

And there has been plenty of bad news in Bloomberg’s New York. Here’s the truth:

I certainly can’t blame the world financial crisis on King Mike. But everyone should understand that he has failed to prepare us for the uncertain times we face today. He has had no cogent policy to diversify the city’s economy, and now we will pay the price. And more than any person, he was uniquely positioned to see the fragile state of the financial markets, as the leading supplier of information to Wall Street.

When the dust clears, New York City will have tens of thousands fewer jobs in the financial sector, the best and most productive jobs in town, from the perspective of raising tax revenue. And those jobs are not coming back, no matter what King Mike does. This will lead to a glut of residential and office space, and further declining real estate values. Where was our fearless all-knowing leader when we needed someone to sound the alarm?

Because this is a world crisis, the tourist boom, fed by a cheap dollar will also end. Even as the stock markets declined, the dollar has made a comeback, regaining 15% of its value against the euro. In other words, good for you and me when we travel abroad, but not so good for Europeans who have been filling our high end retail stores, getting bargains courtesy of the exchange rate. Look for lots of empty hotel rooms here.

And the mayor - with the connivance of the City Council — has mismanaged the budget. Unlike Mayor Giuliani, King Mike hasn’t shown budgetary restraint, and now we will pay. He already increased property taxes by 18% after 9/11, failed to give us the 1% sales tax break promised a generation ago during an earlier budget crisis, and has new plans to raise property taxes now. Look for more taxes and deep cuts, and give blame where blame is due - right with the Imperial Mayor.

The World Trade Center site, Ground Zero, is still an empty hole. Whose fault is that? King Mike has been our ruler now for seven years. He should have been screaming for action. Now it is clear that even a memorial will not be completed even in time for the tenth anniversary of the 9/11 outrage. Another victory for the terrorists.

What of the mayor’s other “accomplishments?”

You will hear much talk of better schools. Where? Certainly not here in Riverdale, as every important indicator is way down. Our schools are now being run by unqualified, insensitive “instant principals,” whose loyalty is to King Mike and his Court Jester, Chancellor Joel Klein, and not to our children and our community.

Citywide, test scores key tests administered by those outside of New York are flat, even as the cost of running schools has increased by 79% and the number of students declined by 60,000. Amazingly, 5,000 extra teachers have disappeared into the system, but class size is as big as ever. The conclusion is inescapable. King Mike has botched the job.

The State Legislature, blessedly, rejected the burden that congestion pricing would place on us. But if King Mike stages his coup, can we count on them to continue to protect those of us who, here in the outer boroughs, will surely be victimized by this wacky scheme?

As he has failed with the big things, the out-of-touch Emperor, perhaps spending too much time with his billionaire pals at his estate in Bermuda, has put through some small projects which reveals how disconnected from our lives he is.

He boasts of a new bus line to speed travel time across Fordham Road. And it has. But it comes at the expense of every single parking space along Fordham Road between University Avenue and Southern Boulevard. The result? Retail business has suffered greatly. But hey, when was the last time unthinking King Mike shopped on Fordham Road?

The Benevolent Dictator likes to tell us what we can eat and what we can’t. So he (and the mental midgets on the City Council) came up with the craziest scheme of all, to place hundreds of pushcarts on the streets to sell fresh fruits and vegetables to “underserved” poor communities. King Mike failed to realize that if there was a real demand for more availability of fruit and vegetables, the free market would satisfy it.

So what happened? Only eight vendors came forward, and as of now, they are doing miserably. You see even his highness, Emperor Mike, the Banana King, can’t repeal the laws of supply and demand.

And he shouldn’t be allowed to try and repeal our term limits law, either.

Even if he was doing a great job, repeal of term limits would be morally wrong. Because this king has failed us, repeal would be a disaster for our city on every level.

Fix Appears To Be In at Secret Hearing on Next City Schools Chancellor
By ANDREW WOLF, Special to the Sun, November 22, 2010
LINK
The growing movement to deny Cathie Black, Mayor Bloomberg’s friend and choice to become New York schools chancellor has, I suspect, ground to a halt.

The New York State Education Commissioner, David Steiner, has appointed an advisory committee so heavily stacked with former employees of the Bloomberg administration’s education department and recipients of Bloomberg’s charitable largesse that it is hard not to draw the conclusion that the “fix is in.”

One can only conclude that Mr. Steiner:

· has decided, for whatever reason, not to challenge the mayor.

· fears that the mayor’s nominee is so controversial that he must have a near-unanimous vote of the advisory committee recommending Ms. Black’s appointment.

· calculates that unless the committee is top-heavy with “sure votes” for any choice of the mayor, it would reject Ms. Black.

I have heard that this is a “line in the sand” moment for the mayor and that he has telegraphed this to both Mr. Steiner, and the chancellor of the state education department, Merryl Tisch, though what Ms. Tisch will do behind the scenes is difficult to predict. She has shown courage is challenging New York’s test scores, publicly questioning the results in 2009 when the mayor was running for reelection, reportedly enraging him, even though she held back on what should have been done back then, which is withhold that year’s results.

In any event, it is hard to conceive that a candidate possessing as thin an educational resume as Ms. Black would be considered if nominated by another mayor.

The saddest part of this story is that the meetings of the advisory committee to decide whether Ms. Black deserves a waiver from the statutory requirements will apparently by done in secret.

Under New York State’s Open Meetings Law, the deliberations of this panel should be open. Personnel matters can be held in executive session, but this is not a personnel decision. Any confidential information regarding Ms. Black’s previous employment — not much of a secret because of her high profile position in a public company — falls into the mayor’s purview in selecting her. This is merely a review of whether her professional qualifications can be considered as meeting the specific requirements outlined under state law, arguably a matter of public concern.

No doubt running New York’s schools requires a great manager, but not just any manager. The job requires a manager with a particular understanding of this field and its issues, such as curriculum and pedagogy. It is easy for professional managers to imagine that they can run a school or a school district, but quite another to actually do it.

Joel Klein, the non-educator who currently leads the school system, is being lauded as a transformational chancellor, but that assessment will be adjusted as the scale of the test results balloon comes into perspective. Test scores have barely budged, while school expenditures have skyrocketed.

It is widely acknowledged that now, with the impending absence of federal stimulus funds, major cuts will have to be made. But what should be cut? How do we more efficiently use resources and get positive educational results?

Compared with Ms. Black, Mr. Klein’s resume held far more promise. He had a long history of government service, right up to the White House. He had actually served, if briefly, as a classroom teacher and was himself a graduate of the New York City public schools. Ms. Black main qualification in education is that she sent her children to a private boarding school.

Now we’re being told by Oprah Winfrey, of all people, that Ms. Black is the best choice for the job.

Ms. Winfrey opened a small school for girls in South Africa that, by next year, is slated to grow to just 450 young women. This is a particular interest of Ms. Winfrey, who has often discussed being sexually abused as a child. But the school has been rocked by at least two sex scandals since the day it opened and has been mired in controversy. One school. Maybe it isn’t so easy, even for the well-meaning rich. Imagine running 1,400 schools with well over a million students.

I’m willing to give Ms. Black the benefit of the doubt. But hold the meeting of the advisory committee in public. Let’s hear what she and they have to say. No one is served by holding this deliberation in secret, certainly not the public or the children attending our schools. Ultimately, it will ill serve Ms. Black — and Mr. Steiner as well.

Mr. Wolf is a contributing editor of The New York Sun.

Public Deserves Full Hearing on Bloomberg’s Nominee for Chancellor of Schools
How Far Has the City Come Under Mayoral Control?
By ANDREW WOLF, Special to the Sun, November 14, 2010
LINK

Before Cathie Black gets a waiver to come in as Mayor Bloomberg’s schools chancellor, there should be a proper hearing in Albany. It would provide a moment not only to explore whether Ms. Black is the right person for the job but to assess how far the city has actually come under mayoral control of the schools.

The mayor, who fashions himself as a great educational reformer, wants New Yorkers to believe that he has found the magic formula that can be executed by any fine manager, even one who, like Ms. Black, is without any educational experience. But where’s the magic?

The fact is that under Mr. Bloomberg’s formula, New Yorkers have increased the education budget to $21 billion a year from $13 billion but have seen only the tiniest increase in student performance, continuing a pattern of similar (and often larger) gains that were being posted by the old, much maligned and allegedly “dysfunctional” Board of Education.

The “historic gains” boasted of last year, when the mayor won reelection, evaporated this year with the admission by the newly installed State Education Commissioner, David Steiner, that New York State tests in grades 3 through 8 had, for the past few years, been wildly inflated. The extreme nature of this situation has, in my opinion, been largely understated.

This deception — and no one should think that it is anything but — was not to help the children, who are, after all, demonstrably worse off by not having been told the truth, but rather to benefit the adults who run the schools. Beneficiaries included Mr. Steiner’s predecessor, Richard Mills, who boasted of the state’s soaring test scores as proof of his success, and Mayor Bloomberg, who used those scores as part of his $100 million campaign for re-election.

The federal No Child Left Behind law has its critics, but it did force policy makers to try to achieve increased scores, with the unrealistic goal of making all children proficient in math and reading by 2014. It was an invitation to game the system by allowing each state to determine proficiency, resulting in the New York state debacle. This compromised the education of hundreds of thousands of students here, denying many of them essential remediation, while facilitating their unearned promotion to the next grade. The concept of “ending” social promotion, central to the Bloomberg educational program, now lies in tatters.

Just as the academic program is emerging as in need of rethinking comes the fiscal bad news. The full effect of the recession, blunted for a while by the infusion of billions in federal stimulus funds, is now upon us. With billions less to spend, we’ve got to achieve the academic gains that we now know weren’t reached when the cash spigot flowed freely. This is a daunting task.

The first step to fixing a problem is admitting that one exists. That is what Mr. Steiner did at the state level with the test scores in July. I suggest that the solution to creating real, not illusive, academic gains will come from better pedagogy, not better management.

Which brings us to Cathie Black. I fear that the mayor still believes his own 2009 press releases and has told Ms. Black that, as far as academics are concerned, all is well with the city’s schools. All she needs to do as chancellor would then be to follow through on the programs the outgoing chancellor, Joel Klein, and his staff have already put in place. But in the harsh light of the revised test scores, what kind of success has Mr. Klein truly accomplished? Achievement has not dramatically increased, while funding has. New educational programs will need to be developed.

There are those who suggest that the mayor, in total control of the schools, have free reign to pick his chancellor. But the mayor, even within the overly-liberal terms of the renewal of his control of the schools in 2009, has control only within state law. That law clearly enumerates certain pedagogical qualifications for district superintendents, and New York City is the largest school district in the state (not to mention the country). Those requirements, not unique to the city, can be waived only for those possessing extraordinary skills.

There have been three waiver requests in my memory. Mr. Klein, in the euphoria of the initial adding of the school system to the mayor’s portfolio, won such a waiver. But he brought extensive government service to the table, at a time when all of the stakeholders, including the teacher’s union, were supportive. His predecessor, Harold Levy, whom the mayor would dismiss as part of the old “dysfunction,” also won a waiver. He had considerable experience as an education advocate in the private sector and had served on the State Board of Regents.

The third application for a waiver, which was denied, was for Robert F. Wagner, Jr., who was — he has since died — the scion of a distinguished New York political family and who was a widely recognized student of public policy. Many at the time were shocked by Wagner’s rejection. Mayor Koch responded by orchestrating Wagner’s election as president of the Board of Education, where he served with distinction.

In Ms. Black’s case, what would be appropriate would be a public hearing at which Ms. Black would be entitled to testify and face questions from a panel of Regents, state and city legislative leaders, and state education department staffers. This would enable Commissioner Steiner, who knows better than anyone the challenges that lie ahead, to make an informed and transparent decision.

It would also enable Ms. Black, a social friend of Mr. Bloomberg, to prove that she is not the education world’s equivalent of Harriet Miers, the ill-fated Bush nominee to the Supreme Court. Or perhaps give her pause, as with Ms. Miers, to withdraw rather than face questions for which she is ill-prepared to answer.

Laurence Tribe, US Department of Justice Senior Counsel, Speaks About The Disintegration of Justice In America

U.S. Department of Justice challenges state Chief Justices to fix access to justice systemic deficiencies
LINK

On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations. “If some of the things I’ll be asking of you, in your capacity as chief justices and as occupants of the bully pulpits in your respective states, will resemble judicial ‘activism,’ they will bear no resemblance to activism of an ideological stripe, right or left, but will bear the ‘activist’ label only to the degree that activism is understood as the opposite of passivity – a passivity that disclaims responsibility for the systems of which you are, after all, the stewards.”

The active participation of Chief Justices in reform is critical, Professor Tribe noted, to counterbalance the “hydra-headed monster” of “too many people to be served effectively” in the face of state legislators’ “appetite for imprisonment that ignores the veritable mountain of evidence which shows that alternatives to incarceration are often more effective at reducing recidivism while also less costly” and their “unwillingness to provide the legal assistance needed to provide meaningful, adequate defense.”

The often overlooked linked between broken justice systems – both civil and criminal – and escalating risks to public safety was of particular focus in the speech. Tribe stated that “clogged” and at times “corrupt” public courts lead to a “vicious cycle of cynicism and disaffection in which the system’s democratic legitimacy, the very foundation of its capacity to articulate and enforce the rule of law, disintegrates.” Tribe continued: “[T]hat in turn leads increasing numbers to flout the law.”

Tribe was particularly concerned about the plight of juveniles in our nation’s courts: “[W]ithout any credible defense, those young people are far more likely to end up in detention or incarceration, where they’re much more likely to be exposed to assault or sexual abuse, much more vulnerable to suicide, and far more likely to commit further crimes after their release. You, as our chief justices, can make a difference. Every child in delinquency proceedings should have access to justice via a right to counsel at every important step of the way: before a judicial determination regarding detention, and during probation interviews, pre-trial motions and hearings, adjudications and dispositions, determination of placement, and appeals. The changes you can bring about will affect these young people for the rest of their lives. And you could save not only their lives but the lives of those they might otherwise endanger years into the future.”

The DOJ gave very specific recommendations to the state chief justices. Recognizing that the “consequences of juvenile adjudications are serious and long term” and that “the lack of representation can reshape a child’s entire life” from “expulsion from school, exclusion from the job market, eviction from public housing, and exclusion from the opportunity to enlist in the military,” DOJ challenged the state chief justices to be the protectors of the right to counsel. Lauding those states that “do not accept a waiver of counsel from juveniles under any circumstances,” DOJ recommends that “every state in the country should adopt a rule that at the very least requires consultation with an attorney prior to waiver of counsel.” Furthermore, the DOJ recommends that each Chief Justice create a state task force – a la Nevada -- to evaluate “the adequacy of the way your state is discharging its federal constitutional duty under Gideon.”

In closing, Tribe stated, “[t]here may well be times when, as you contemplate the enormity of this challenge, the task ahead will seem so daunting that paralysis is the first reaction. Believe me – I’ve felt that, too. But, if the search for a universal solvent for the intractable problems of justice can be paralyzing, the commitment to these achievable reforms can be empowering.”

Scandal in the Los Angeles Justice System

Saturday, December 4, 2010

New York State Education Officials Are Sued For Giving Cathie Black A Waiver; ATRs Are In Danger

Praises go to Park Slope parent Eric J. Snyder for suing the State education officials who okay'd the waiver for Cathie Black against the public - parents, teachers, residents - of New York City. Evidently Mayor Bloomberg did not think about his appointment of Black enough, so that he could dream up an honorary Masters Degree from some university before he named her. That would have solved his immediate problem, which I sincerely hope works (namely that the New York State Supreme Court tell Steiner to vacate the waiver for Black).

December 3, 2010
Parent Sues to Block Schools Chief
By SHARON OTTERMAN, NY TIMES
LINK

The father of two Brooklyn public school children filed a lawsuit against state education officials on Friday to stop Cathleen P. Black, a publishing executive, from becoming the next New York City schools chancellor.

Eric J. Snyder, esq.
The suit, filed by Eric J. Snyder of Park Slope, was the first formal legal challenge to Ms. Black’s appointment, although more are expected.

The suit argued that David M. Steiner, the state education commissioner, erred in his interpretation of the law when he issued a waiver to permit Ms. Black to become chancellor even though she lacked the required education credentials and experience.

Citing state education law and the commissioner’s regulations, the suit claims that while the required graduate course work and teaching experience may be waived for “exceptionally qualified” people, they do not allow the commissioner to waive a separate requirement that the chancellor possess a master’s degree, and calls for Mr. Steiner’s decision to be annulled.

Ms. Black, 66, holds only a bachelor’s degree in English from Trinity University in Washington.

Mr. Snyder, a lawyer, normally deals with creditors’ rights and bankruptcy reorganizations as a partner in the firm Wilk Auslander, though he was also one of many plaintiffs in an unsuccessful suit that tried to prevent Mayor Michael R. Bloomberg from seeking a third term.

He said Friday that he decided to file this latest suit because he was concerned that a school system run by Ms. Black would continue to emphasize standardized testing to the exclusion of a broader, more creative curriculum for his two children, Zoe, a seventh grader at Middle School 51, and Gregory, a 10th grader at La Guardia High School for the performing arts.

“I just think education should be overseen by an educator and not a corporate executive,” he said. “There are two things I am devoted to, my family and our form of government, and I just saw the mayor’s choice and the commissioner’s decision as an attack on both of those things.”

The suit is known as an Article 78 proceeding, an action intended to seek a speedy review of governmental actions. On Friday, Justice Joseph C. Teresi of State Supreme Court in Albany ordered state education officials to appear on Dec. 23 to argue why Ms. Black’s waiver should not be annulled.

Asked to comment on the suit, Natalie Ravitz, a spokeswoman for the Education Department, said, “It’s time to put politics aside and remember that it’s in the best interest of all of our students for her to succeed as the next chancellor.”

State officials said they would not comment on pending litigation. Ms. Black is scheduled to take office on Jan. 3.

Black On Her Qualifications: "We're All Human Beings"

LINK

After being criticized by the press for, among other things, not being available for interviews, the new Schools Chancellor finally sat down with ABC 7 to discuss her new job. And among the first questions was, "What makes you feel you're qualified?" Try not to punch anything, but Black said, "We're all human beings. It is about people." She then goes on to talk about "tough times," being open to new ideas, and making tough but informed decisions. Check out the interview.

Preparing students for the job market of tomorrow is great and all, but she seems to have yet to figure out how that will happen when students are stuck on wait lists for Kindergarten. But she has said that one of her top priorities will be getting rid of "excess teachers," some 1,200 of them who get full pay and benefits but don't have regular jobs. The Absent Teacher Reserve pool is currently costing the DOE more than $100 million a year.

Parent Eric J. Snyder of Park Slope has filed a suit arguing that Black does not have the appropriate degree to hold the position. However, state Education Commissioner David Steiner acknowledged that she "does not meet the graduate coursework or experience requirements," and granted the waiver anyway because of her "exceptional record of successfully leading complex organizations."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.
 
Schools Chancellor-to-be Cathie Black: I'm in touch with public school parents
LINK
 
The reason all teachers should be opposing Black right now is the issue of what to do with ATRs ( "Absent Teacher Reserve" people who have been removed/excessed from their positions in the New York City public school system due to school closings, allegations of wrong-doing or incompetence, (rubber roomers - "The Gotcha Squad"), etc. It's the new game of "Gotcha" that everyone should be worried about, because it is not based on fact or law as implemented by the Bloomberg/Klein regime.
 
'Excess teacher' baggage for Cathie
By SUSAN EDELMAN and TOM LIDDY
New York Post,  December 4, 2010
LINK

One of Cathie Black's thorniest first assignments as schools chancellor is what to do about the 1,200 "excess" teachers who still don't have regular jobs but get full pay and benefits, officials said yesterday.

A decision on whether to assign these teachers-in-limbo to schools or yank them from the payroll is a "top priority" for Black and the teachers union.

Of the 1,232 teachers who lost jobs when schools were phased out or downsized since 2006, nearly half have been without new jobs for up to three years, the Department of Education said yesterday.

More than 100 remain unplaced for four years. Sixty percent of them have not even applied for a new job or attended a job fair, the DOE said. The Absent Teacher Reserve pool costs more than $100 million a year, the DOE said.

Teachers union President Michael Mulgrew blamed the DOE, saying it "refuses to permanently place" the teachers in schools. Mulgrew said the "ATR" teachers save the DOE "an estimated $50 million a year" by substituting for regular teachers out sick or on leave, but he added, "It's not the best use of these teachers' talents."

A November 2008 agreement to give principals extra money as incentives to hire the excess teachers expired Tuesday.

Meanwhile, a Brooklyn parent and lawyer filed a suit challenging the waiver that Black was granted allowing her to be chancellor.

Eric Snyder argued that Black, who needed the waiver because she is not a professional educator, did not have the appropriate degree for the position.

Wednesday, December 1, 2010

Andrew Wolf On The Two-Headed Monster Black-Polokow-Suransky,

A Chimera Emerges at the Helm of New York Schools;
Two-Headed Monster Is Apt Metaphor for New Arrangement
By ANDREW WOLF, Special to the Sun, November 28, 2010
LINK

Whatever one can say about the state education commissioner, David M. Steiner, Solomon he’s not. He split the baby in half, and he has satisfied no one. But skip that analogy. One would have to go to Greek mythology to look for what he has produced — a two-headed monster, part lioness, part goat, which is known as a chimera and has come to connote an unrealistic dream. Which is apt enough, as the gains are going to prove chimerical.

Cathleen Black may have the waiver needed to get the title of schools chancellor, but she got the less important part of the job. Mayor Bloomberg has suffered his worst political embarrassment since the defeat of his bid for non-partisan elections. As for those who believe that the issue here is substance, they got the short end of the stick.

The way to understand this fiasco is to bear in mind that the most important matter facing the schools is the curriculum. That’s the substance. Who gets to control the schools, how much the teachers are paid, what the ratio is between students and teachers, how long the day is, what the test scores are, these are not the top issues. The top issues are the curriculum, and the methods used to convey it to students. This is instruction, a topic that never was the priority at the Tweed Courthouse.

This is an issue where one needs a real educator, a teacher, someone paying attention to what is being taught. Ms. Black is way out of her depth here. She lacks the credentials to so much as teach a class, which puts her below the qualifications possessed by the actor Tony Danza, who taught but a single class (one fifth the usual class load) in a Philadelphia high school for a year as part of a television reality show. Mr. Danza was required to have an actual licensed educator mentor him for the full year.

If Ms. Black’s mandated deputy, Mr. Polokow-Suransky, is supposed to be the chief educator, shouldn’t he be the chancellor, and shouldn’t the technocrat, Ms. Black, get a title like chief operating officer? Mr. Steiner’s plan has this reversed. Certainly one doesn’t want the educational policy emanating from the administrative office. Are we deciding the way we are teaching children to read or do math to conform to some management imperative?

On top of that, Mr. Polokow-Suransky isn’t much of an educator. His current job at the Department of Education, deputy chancellor for performance and accountability, was previously filled not by an educator but a lawyer. In September, Mr. Polakow-Suransky disclosed the nature of his current work with the Department of Education at a meeting with the president of the Bronx, Ruben Diaz, Jr., and the Bronx member of the Board of Regents, Betty A. Rosa.

Attendees at the meeting were concerned by Mr. Steiner’s admission that his predecessors at the state department of education had been inflating the scores of the tests administered to children in grades three through eight. This was bad news for the city, which saw the “historic gains” boasted of during the mayor’s reelection campaign last year evaporate overnight.

Mr. Polokow-Suransky traveled to the Bronx to explain the situation to an angry Mr. Diaz, who was upset that children in his borough were harder hit than others in the city. Mr. Polokow-Suransky off-handedly admitted that the city was aware of the problems with the test results at least a year before last year’s mayoral election, but did nothing to sound the alarm that something was amiss. Ms. Rosa was outraged.

“Imagine if your bank deposited $100,000 in your account in error,” recounted Ms. Rosa to me, paraphrasing her comments to Mr. Polokow-Suransky. “You may have done nothing wrong, unless you turned around and spent the money you knew wasn't yours. That’s what was done in last year’s mayoral election. The scores that the city knew were inflated were used to give an impression of success that was misleading and even fraudulent. And that was wrong.”

As the city played dumb, Ms. Rosa at least demanded last year that the suspicious test results be withheld. That plea, made before Mr. Steiner’s arrival, fell on deaf ears. The New York Times has noted that 57% of voters who made education their top priority voted to re-elect the mayor, who won by just 5 percentage points. Had just 2.5% known the truth and switched sides, the outcome of the election might have been very different.

So Mr. Polokow-Suransky hasn’t been working with curriculum or instructional techniques and strategies, the jobs of the educational professional. He has been spinning the stats, which remain the biggest question confronting the mayor’s claims on education. And now Mr. Steiner has caved in to the mayor. The brief euphoria in serious education circles, when on Tuesday evening it looked like the state education commissioner would deny Ms. Black her waiver, was just a mirage.

The post of chancellor should go to a person with top education credentials, a distinguished figure up to whom everyone in New York — and the rest of the country — can look as having substance. Instead we have a chancellor with no education credentials who will have by her side a person who has been facilitating the cooking of the books using bogus test scores. What is there in the way of educational substance in his resume to make New Yorkers believe that he will be able to stand up to Ms. Black and the Mayor? As I say, a chimera.

Mr. Wolf is a contributing editor of The New York Sun.

Detroit Schools In A Death Spiral

Detroit schools in final death spiral?

Susan Ohanian web site

Detroit is dying a death of a thousand cuts. Still, the cuts add up and will someday become the last breath. . . . a product of the cruel mixture of racism and capitalism.
by Rich Gibson, Substance News
LINK

The Detroit Federation of Teachers (DFT) may be on its last legs. This was a once-proud union that fought like hell, alongside other workers, not only for the school worker force, but for kids. Last year, behind the urgings of the DFT President, Keith Johnson and AFT President Randi Weingarten, the DFT bargained what I think is the worst contract in the history of school-based collective bargaining. Substance (subscribe now for lower rates!) ran a piece on that contract (http://www.substancenews.net/articles.php?page=1063§ion=Article).

Detroit schools lost 1/2 of the student body in the last decade, probably more than that because no statistics coming from any Detroit agency can be trusted. Over the years, the school system, like the entire Detroit public sector (and parts of the private sector — what is left of it) grew riddled with incompetence, corruption and dishonesty, at every level.

That is a product of the cruel mixture of racism and capitalism. Nevertheless, the organized teachers were the last force in the city that could truly fight back. That they failed, almost completely, does not speak well of them, or most teachers in the US either.


As a result of the DFT contract, what are called "neighborhood" schools have collapsed. Already in rapid decay, they appear to be nearly finished off. "Priority schools," are funded, get supplies, cream kids and teachers. Not too many complaints come out of them. In fact, I know quite a few priority teachers who are happier in their jobs than ever before. There is a lesson to them below.

There are more charters than before, but nobody can make a case that they caused the ruin of DPS, nearly in ruins before they arrived.

Detroit Federation of Teachers President Keith Johnson (above, speaking at the 2010 AFT convention) has been accused of supporting the worst union contract in AFT history. Substance photo by George N. Schmidt. Detroit is dying a death of a thousand cuts. Still, the cuts add up and will someday become the last breath. With a long history of rebellions and uprisings, that last death could be ugly. With hope in schools evaporating fast, that possibility is greater every day.

There is an election going on in the DFT now. Votes are to be tabulated in about ten days. It's unlikely that the contract can be upended, even if the traitorous leadership of the union is.

Below is a letter from the DFT web site, written by the V.P of the DFT. Nothing in the contract that I know of can protect school workers from the practices the letter describes. Only direct action could. I'll let it stand alone with just one warning: an injury to one really does just go before an injury to all.

Good luck to us, every one

Letter to Dr. Barbara Byrd-Bennett [11.22.10]
[Letter sent today to Dr. Barbara Byrd Bennett, DPS Chief Academic and Accountability Auditor]

Dear Dr. Byrd-Bennett:

We are getting a lot of feedback from teachers concerning the overwhelming amount of testing and progress monitoring they are required to do. While each of the assessments may have merit, taken as a whole they leave too little time for instruction. Teachers throughout the district are asking "When do we have time to teach?"

In addition to the regular curriculum, students are assessed using the Star Math and Star Reading programs. They work on individualized lessons and assessments through Accelerated Math and Accelerated Reading. Three times per year students take a battery of benchmark assessments including up to five Dibels assessments, Burst, and TRC. Throw in quarterly Q tests that take two class periods per day for four days each quarter, and two to three weeks of MEAP testing, and it's no wonder teachers want more time to teach.

In between benchmarks, teachers are asked to print up to 80 pages of Burst lessons every two weeks. These lessons are to be taught to the lowest achieving four to five students in each class for a half hour per day. Some schools don't have enough toner to print these lessons, others don't have enough copiers, and nobody seems to have enough time. One teacher estimates that a quarter of her instructional time is devoted to these assessments and progress monitoring.

On a weekly basis, teachers also are asked to do time-consuming progress monitoring for Dibels and TRC. Much if this work is done with one student at a time. While our teachers are doing their best to keep the rest of the class doing meaningful work, it is not possible to properly monitor and coach the others while you are testing individuals.

Two common themes emerge from discussions with teachers throughout the district. First, these assessments all have some merit individually, but together, they are too much. Second, we as teachers can handle all this, but our students are suffering.

One teacher told me that for one day, she ignored Burst, Dibels, TRC, Accelerated Math and Reading, and all she did was teach. It was the best day the class had all year! The saddest thing is, this didn't happen until the third week of October, and she had to ignore directives to make it happen at all.

To bring more balance to the classroom, we suggest that the district strongly consider the following changes.

1. Eliminate the Q1, Q2, Q3, Q4 benchmark tests. These tests are not aligned with the district's scope and sequence charts. Students are taking tests in November on material that won't be covered until March. As a result, there is no validity to these tests.Our teachers have seen tests designed by and for DPS every few years. From Exit Skills, to ESAT, to MIP, to Q tests, the tests come and go and you would be hard pressed to find a teacher who will claim instruction has improved as a result of any one of these.

2. Allow teachers to use their professional judgment to determine the amount of progress monitoring to do. Progress monitoring in TRC is particularly difficult, since the text in the Palm devices frequently does not match the text in the books students are reading.

3. Discontinue Burst groups. The lower achieving students can be helped in the regular classroom setting.

4. Provide additional personnel to help with assessments. Whether the district allows literacy coaches to do some of the assessments or provides classroom aides to assist with class management, more help is needed to keep all children learning.

We know that standardized testing is here to stay. To improve our scores, we need more instructional time, not more tests.

Sincerely, Mark O'Keefe, DFT Executive Vice President

Rich Gibson, Substance News
2010-11-27

Tuesday, November 30, 2010

NYC's New Chancellor And Joel Klein's Legacy

What a mess

Betsy

CEO takes aim at NYC schools

LINK

Bill Linville and Philip Tremblay, teachers in New York City, look at the new boss of the New York City public schools, and the anti-union legacy she inherits.

November 30, 2010

IT'S A typical story out of the business press: A controversial CEO known for downsizing, streamlining and forcing concessions from workers leaves a major organization for a position at Rupert Murdoch's News Corp. He'll be replaced by a "world-class manager," the former president of Hearst magazines, who "earned a reputation in publishing as a tough-minded chief executive who never left her employees guessing what she wanted." [1]

But this isn't a report on a changeover in the executive suites at Fortune 500 companies--it's about Mayor Michael Bloomberg's controversial choice of who will preside over the education of 1 million students in New York City.

Joel Klein, who served as New York City schools chancellor from 2002 to the present, is set to be replaced by Cathleen Black, a longtime corporate insider and publishing mogul. Black's claim to educational experience entails "serving" with Michelle Obama on tutor day at a Detroit public school and being "principal for a day" in a South Bronx school, the only two known instances in which she's entered a public school.

According to Bloomberg, Black "understands that we have to make sure that our kids have the skill sets to partake in the great American dream...there is no one who knows more about the skills our children will need to succeed in the 21st century economy."

This is like saying you can be the coach of the New York Giants because you know the players should be big, strong and fast.

Or, as retired teacher Norm Scott puts it in a satire at his Education Notes blog [2], perhaps the New York Mets were looking at Cathie Black as their new general manager before she was pegged by Klein, since the Mets "endorsed Bloomberg's vision of a corporate manager not needing to know anything about the area they are managing."

Since she lacks any education credentials, Black requires a waiver from New York State Education Commissioner David Steiner. Facing a public outcry, an advisory panel, stacked with Bloomberg favorites, voted four against, two in favor and two "not at this time" for Black's nomination. It was a startling rebuke of the mayor, who is used to dictating educational policy without dissent.

However, after some horse-trading between Steiner and Bloomberg, a deal appears to have been worked out to allow Black to serve--as long as a reliable number-two with experience in the education field is at her side. Under an agreement leaked to the media November 29, New York City Department of Education official Shael Polakow-Suransky will serve as second-in-command to Black.

Polakow-Suransky has played a key role in the implementation of the Bloomberg agenda, including opening small schools and charter schools. As deputy chancellor of performance and accountability, he has overseen a punitive evaluation system that resulted in a rash of school closures. Thus, all signs point to a continuation of the major policies of the Klein years.

Most New Yorkers are deeply suspicious of Bloomberg's choice of Black to head the schools. A Quinnipiac University poll showed residents believed by a 2-1 margin that Black was not qualified for the job.

Opponents of Black's nomination started a petition calling for the denial of Black's waiver that gathered more than 10,000 signatures. Prominent opponents of Bloomberg in the City Council, such as Charles Barron, have also been outspoken in calling for a denial of Black's waiver.

And yet, in spite of the widespread distrust of Bloomberg's crony-capitalist approach to the education system and the grassroots opposition to the nomination, Michael Mulgrew, president of the United Federation of Teachers (UFT), said in a statement, "We've worked well with Mr. Polakow-Suransky in the past, and we look forward to working with him and Ms. Black in the future on the critical issues the school system faces."

This shows the continued lack of will among union leaders like Mulgrew to resist the corporate agenda for education, even when the majority of the public is on our side.

SINCE IT appears that we are in for more of the same under the new administration, it is worth reviewing the legacy of her predecessor, Joel Klein.

According to education historian Diane Ravitch, under Klein, "New York City became the testing ground for market-based reforms." Corporate education "reformers" pointed to New York as a major success.

Klein introduced a report-card grading system for schools, closed 91 of them, initiated a system of Teacher Data Reports that ranks teachers based on controversial "value-added" models, and opened up New York school buildings to privately run charter schools.

As a reward for this frontal assault on the school system, New York won the 2007 Broad Prize for Urban Education--named for Eli Broad, the billionaire real estate mogul who has bankrolled corporate school "reform" in cities across the U.S.

The results? Bloomberg has long touted the city's improvements in state test scores in Math and English Language Arts (ELA) for grades 3-8. However, these were mostly the result of a rescaling of the scores to lower standards for proficiency. For example, a student who scored "proficient" on a 2006 test ranked in the 45th percentile nationally (meaning that 55 percent of students scored higher), while in 2009, a student who scored "proficient" scored in the 20th percentile nationally.

As a result of this test-score inflation, the number of proficient students on the grade 3-8 math exam jumped from 57 percent in 2006 to 81.8 percent in 2009. In short, Bloomberg and Klein, like their good friends on Wall Street, created a bubble.

When an equally dramatic drop in test scores resulted from the rescaling of the 2010 tests for grade 3-8 Math and English Language Arts state tests, the bubble popped, and Klein and Bloomberg's house of cards began to tumble. In fact, according to the New York Daily News [3], Klein's resignation came on the heels of growing tensions between Klein and Bloomberg over the test score fiasco and other setbacks.

Klein will be remembered by many as a tone-deaf bureaucrat who treated teachers, parents and students with contempt. Last year, the city pushed to close 19 schools despite a wave of protests from those school communities. When the Panel for Educational Policy (PEP), a fake school board controlled by the mayor, called a hearing, hundreds turned out to testify and protest.

As Klein called the meeting to order, he was unable to speak for several minutes because of chants and booing from within the room. Once the meeting finally began, students, parents and teachers testified, pointing to the racism underlying the school closings and the broader agenda to undermine public schools and grant space to selective charter schools. At three in the morning, after nine hours of angry testimony, the panel voted, one by one, to close the schools. The school closings were later reversed in a court decision.

While Klein refused to listen to the parents, students and teachers about when it came to educational policy, he kept an open-BlackBerry policy with people who were trying to undermine public education. In February, Daily News reporter Juan Gonzalez uncovered 125 private e-mails between Klein and Eva Moskowitz [4], the founder of Harlem Success Academy, which runs a group of charter schools, mostly in Harlem.

Moskowitz has targeted several Harlem school buildings, pushing out and undermining public schools to gain access to rent-free classrooms--often in the face of vociferous protests from parents and teachers. And all along, Klein has been a big supporter. Besides speaking at numerous charter school events and helping to publicize Moskowitz's venture, Klein also attended poker-night fundraisers teeming with hedge fund managers to help Moscowitz.

According to the e-mails uncovered by Gonzalez, Moskowitz suggested schools that could be closed and buildings that were "underutilized" so she could poach them--and she repeatedly complained to Klein about DOE officials when they weren't moving quickly enough for her.

Contrast his close relationship with Moskowitz to Klein's notorious practice of spending time on his BlackBerry during PEP hearings or walking out of the room when outraged parents and community members opposed his policies, and the essence of Klein's legacy is laid bare.

NOW KLEIN is moving on, and stands to make big money. News Corp. officials told the New York Times that Klein would be working on "developing business strategies for the emerging educational marketplace."

In fact, on November 22, News Corp. purchased 90 percent of Wireless Generation, a provider of educational evaluation services, for $360 million. Wireless Generation runs the Achievement Reporting and Innovation System (ARIS) that runs periodic assessments in New York City schools and compiles the results into an online database.

Perhaps News Corp. executives had their eye on the purchase of Wireless Generation for some time. But the timing of the purchase so close to Klein's hiring raises more than an eyebrow. In fact, an online search of the city's Office of the Comptroller Web site reveals what appears to be a recent million increase in Wireless Generation's contract for administering its assessments--from $6.05 million to $7.55.

In a time of significant budget cuts on the school level, the DOE is spending even more on these onerous tests, which add more stress to students and most teachers have little use for. But they will be moneymakers for News Corp. and its new education services boss, Joel Klein.

As Klein cashes in, Cathie Black will try to further his agenda of privatizing schools, bashing teachers unions and leaving the vast majority of kids to underfunded and segregated schools.

But the opposition to Black is encouraging. We need to use this anger to build a movement that defends the idea that public education is not a business--and that our children are not for sale.

Material on this Web site is licensed by SocialistWorker.org, under a Creative Commons (by-nc-nd 3.0) [5] license, except for articles that are republished with permission. Readers are welcome to share and use material belonging to this site for non-commercial purposes, as long as they are attributed to the author and SocialistWorker.org.

1. [1] http://www.nytimes.com/2010/11/10/nyregion/10black.html
2. [2] http://ednotesonline.blogspot.com/2010/11/ny-mets-were-set-to-choose-black-as.html
3. [3] http://www.nydailynews.com/ny_local/education/2010/11/21/2010-11-21_joel_on_the_deklein_tensions_with_mayor_caused_surprise_exit_sources_say.html
4. [4] http://www.nydailynews.com/ny_local/education/2010/02/25/2010-02-25_eva_moskowitz_has_special_access_to_schools_chancellor___support_others_can_only.html
5. [5] http://creativecommons.org/licenses/by-nc-nd/3.0

Saturday, November 27, 2010

Unsealing A Criminal Court Record For 3020-a Hearing Is Not Allowed

Arbitrator Howard Edelman has ordered that a teacher brought to a 3020-a Hearing before him must submit the testimony given in a criminal proceeding for which the teacher was found not guilty and the record was sealed. Edelman stated that if the teacher did not produce the sealed record requested, that this teacher would not be allowed to testify at the 3020-a.

Mr. Edelman, how does your ruling comply with the decision below?

Betsy Combier

IN THE MATTER OF JOSEPH M. / NEW YORK CITY BOARD OF EDUCATION, RESPONDENT, v . JOSEPH M., APPELLANT.


82 N.Y.2d 128, 623 N.E.2d 1154, 603 N.Y.S.2d 804 (1993).

October 14, 1993

1 No. 192 [1993 NY Int. 193]

Decided October 14, 1993

________________________________________

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Frederick K. Reich, for Appellant.

Deborah R. Douglas, for Respondent.

________________________________________

HANCOCK, J.:

The general rule established by Criminal Procedure Law 160.50 is that -- unless the court determines that the interests of justice require otherwise -- the record of a criminal action or proceeding upon termination in favor of the accused "shall be sealed and not made available to any person or public or private agency" (subd [1][c]). The statute specifies that the sealed records shall be made available upon request to the accused and to six enumerated categories of persons or public or private agencies (see, subd [1][d]). The question presented in this appeal is whether a board of education, a public agency not listed in CPL 160.50(1)(d), is entitled to obtain such sealed records for use in a hearing under Education Law § 3020-a on charges brought against a tenured teacher.

For reasons to be explained, we conclude that a board of education may not have access to sealed records for such purpose. It follows that in this case there was no legal basis for directing the unsealing of records pertaining to the unsuccessful prosecution of respondent for a misdemeanor charge of drug possession. There should, accordingly, be a reversal.

I

Respondent, a tenured music teacher, was arrested on May 12, 1990 on charges of misdemeanor possession of a controlled substance (Penal Law § 220.03). On April 15, 1991, a jury acquitted him of the charge. As required by CPL 160.50, the trial judge sealed the records pertaining to the arrest and prosecution. On May 29, 1991, the petitioner board of education commenced disciplinary proceedings against respondent pursuant to Education Law §§ 2590-j(7)(b) and 3020-a, charging him with the same misconduct as alleged in the unsuccessful criminal prosecution.

The board brought the instant application on January 21, 1992 in Supreme Court for an order unsealing the criminal court records as well as releasing the prosecutor's file and the physical evidence. Supreme Court granted the board's application, concluding that despite the lack of specific statutory power it had inherent discretionary power to unseal records "in extraordinary circumstances in the interests of fairness and justice", citing Matter of Dondi (63 NY2d 331, 338) and Matter of Hynes v Karassik (47 NY2d 659, 664-665). The court held that the board had "demonstrated a compelling need to unseal the records because it cannot obtain the information elsewhere and it needs the records to conduct the disciplinary proceeding". The Appellate Division affirmed unanimously on the authority of Matter of Dondi , noting that "without an unsealing of criminal records, the ends of protecting the public through investigation and possible discipline * * * cannot be accomplished." (188 AD2d 319). We granted leave to appeal.

II

Criminal Procedure Law 160.50 was enacted in 1976 in the same reform legislation that added a provision to the Human Rights Law (now Executive Law § 296[16]) making it an unlawful discriminatory practice for an employer, in connection with the employment of an individual, to inquire about or act adversely on any prior criminal accusation which had terminated in the employee's favor. The purpose in adding these provisions to the Criminal Procedure Law and the Human Rights Law was to ensure that the protections provided to exonerated accuseds be "consistent with the presumption of innocence, which simply means that no individual should suffer adverse consequences merely on the basis of an accusation, unless the charges were ultimately sustained in a court of law" (Governor's Approval Mem, 1976 McKinney's Session Laws of NY, at 2451). As we noted in ):

Indeed, the over-all scheme of the enactments demonstrates that the legislative objective was to remove any 'stigma' flowing from an accusation of criminal conduct terminated in favor of the accused, thereby affording protection (i.e., the presumption of innocence) to such accused in the pursuit of employment, education, professional licensing and insurance opportunities (see, People v Anderson , 97 Misc 2d 408) (id., at 716).

To effectuate this purpose, Criminal Procedure Law 160.50 employs language that is mandatory. Upon termination of a criminal action in favor of an accused, the section provides that the record of such action "shall be sealed" (160.50 [1]); that all photographs, palmprints and fingerprints "shall forthwith be returned to such person" (160.50[1][a]); that any agency which may have transmitted copies of such photographs, palmprints, or fingerprints to an agency of another jurisdiction "shall forthwith formally request [their return]" (160.50[1][b]); and that all official records and papers relating to the arrest or prosecution "on file with the division of criminal justice services, any court, police agency, or prosecutor's office shall be sealed and not made available to any person or public or private agency" (160.50[1][c]) [emphasis added].

After a sealing order issues, CPL 160.50(1)(d) specifies a few instances when the sealed records may be released to specified categories of persons or agencies, viz., to a prosecutor in a criminal proceeding involving marijuana in which the accused has moved for adjournment in contemplation of dismissal (subpara [i]); to a law enforcement agency on a showing that justice requires such release (subpara [ii]); to an agency acting on an application made by the accused for a gun license (subpara [iii]); to the New York state division of parole, under certain conditions, when the accused is on parole (subpara [iv]); to a prospective employer in connection with an employment application of an accused for a position as a police officer or peace officer (subpara [v]); and to the probation department responsible for supervision of the accused when the arrest subject to the inquiry occurred while the accused was under such supervision (subpara [vi]).

These exceptions in CPL 160.50(1)(d) have been characterized as "narrowly defined" ( Matter of Hynes v Karassik , 47 NY2d 659, 663). Indeed, in Karassik , we construed the statute strictly and held that none of the exceptions could justify making sealed records available to assist a grievance committee in determining whether to bring professional disciplinary charges against a lawyer (id., at 663; see, Patterson, supra, at 714 [finding "no authorization in [CPL 160.50] for the use in a law enforcement agency's investigatory procedure of a photograph retained in violation thereof"]; Dondi , supra, at 338 [restating rule in Karassik that a grievance committee "has no standing under CPL 160.50 to seek an order to obtain records sealed pursuant to that provision as it does not constitute a 'law enforcement agency'"]; see also, Matter of Skyline Inn Corp. , 44 NY2d 695, 696 [refusing to make exception to the Human Rights Law provision (now Executive Law § 296 [15]) to permit State Liquor Authority to consider dismissed criminal charge against licensee seeking a renewal] and supra note).

Despite the statute's mandatory language, its evident intent to limit the exceptions to persons or groups having some association with law enforcement problems, and the legislative recognition of the importance of protecting individuals from having dismissed criminal charges considered in connection with their employment, the board would have us construe the statute as including an exception for teacher disciplinary proceedings. This we decline to do. Suffice it say that if the Legislature had intended to create such an exception - - one which, unlike the other exceptions, would have no law enforcement association -- it would have done so (see generally, McKinney's Cons Laws of NY, Book 1, Statutes § 240 "Expression of one thing as excluding others"). Moreover, such a holding would be contrary to our decisions (see, Patterson , supra, at 714; Dondi , supra, at 338; Karassik , supra, at 663).

The board argues alternatively that the unsealing order should be sustained, not as a proper exercise of power conferred by the statute, but as an exercise of "an inherent power to unseal records when justice demands, whether or not there is specific statutory authority" (Res. Br., at 15 [emphasis added]). The board relies on our suggestion in Karassik , supra, at 664-665, later endorsed in Dondi , "that in 'extraordinary circumstances' the Appellate Division may exercise its discretion, pursuant to inherent authority over records and its oversight and disciplinary power over attorneys and counselors at law, to permit the unsealing of criminal records" ( Dondi , supra, at 338).

But Dondi and Karassik do not support the board's argument. In Dondi , we based our conclusion that the Appellate Division had inherent power to obtain sealed records pertaining to attorneys on Judiciary Law § 90(2). This section specifically vests the Appellate Division with the responsibility for overseeing and disciplining attorneys. But the Appellate Division has been granted no comparable power as to teachers who are subject to disciplinary hearings not by the court system but by the boards of education under the Education Law (see, e.g., Education Law §§ 2590-j, 3020-a). Absent such a specific grant of power, a holding that the court has inherent authority to order the unsealing of records for use in a teacher disciplinary proceeding would frustrate a primary purpose of the 1976 amendments to the Criminal Procedure Law and the Human Rights Law (L 1976 c 877) -- protecting exonerated individuals from the unwarranted stigma that their employers or others could attach to dismissed criminal charges (see, Patterson, supra, at 714; Matter of Skyline Inn, supra, at 696; supra, note).

Moreover, finding such an "inherent power" basis for an unsealing order here would subvert the plain intendment of the statutory scheme -- to establish, in unequivocal mandatory language, a general proscription against releasing sealed records and materials, subject only to a few narrow exceptions. If there is to be an exception to the general rule proscribing the release of sealed records -- upon a showing of "extraordinary circumstances" ( Dondi , supra, at 338) of the type alleged here -- it should be created by the Legislature, not by the courts.

Accordingly, the order of the Appellate Division should be reversed, with costs, and the application to unseal denied.

F O O T N O T E

* L 1976, c 877; the amendment to the Human Rights Law was adopted as subdivision 14 to section 296 of the Executive Law and renumbered as subdivision 16 (L 1980, c 689). In pertinent part it provides that it shall be an unlawful discriminatory practice for "any person, agency, bureau, corporation or association * * * to make any inquiry about * * * or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual * * * [which was terminated in his favor] in connection with the licensing, employment or providing of credit or insurance to such individual" (see, Matter of Skyline Inn Corp. v New York State Liq. Auth. , 44 NY2d 695, 696 [holding that it was unlawful for the State Liquor Authority to consider a dismissed criminal charge against licensee in disapproving liquor license renewal applications]).

Order reversed, with costs, and application to unseal denied. Opinion by Judge Hancock. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith and Levine concur.