A.C. v West Babylon Union Free School District: Second Department Denies For Leave To Serve A Late Notice of Claim

After you have been harmed/damaged by someone who works in a city agency or the Department/Board of Education,  you must file a notice of claim within 90 days in order to be able to sue in Court to recover any damages.

Matter of A.C. v West Babylon Union Free Sch. Dist.

2017 NY Slip Op 01351 [147 AD3d 1047]

February 22, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 29, 2017

[*1]

In the Matter of A.C. et al., Respondents, v West Babylon Union Free School District, Appellant.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY (Kathleen D. Foley of counsel), for appellant.

Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola, NY (James R. Baez of counsel), for respondents.

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, West Babylon Union Free School District appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated October 5, 2015, which granted the petition.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to commencing an action against a school district (see Education Law § 3813 [2]; General Municipal Law § 50-e [1] [a]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]). In determining whether to grant leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the court must consider whether (1) the school district acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the injured child was an infant at the time the claim arose and, if so, whether there was a nexus between the infancy and the failure to serve a timely notice of claim, (3) the petitioner demonstrated a reasonable excuse for the failure to serve a timely notice of claim, and (4) the school district was substantially prejudiced by the delay in its ability to maintain its defense on the merits (see Education Law § 3813 [2-a]; General Municipal Law § 50-e [5]; Williams v Nassau County Med. Ctr., 6 NY3d 531, 535 [2006]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 148 [2008]). The first of these factors, actual knowledge of the essential facts underlying the claim, is the most important (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 148). Actual knowledge of the essential facts underlying the claim means "knowledge of the facts that underlie the legal theory or theories on which liability is predicated in the [proposed] notice of claim; the public corporation need not have specific notice of the theory or theories themselves" (id.).

Here, the petitioners failed to show that the appellant obtained actual knowledge of the essential facts constituting the claim within 90 days after the incident or a reasonable time [*2]thereafter. While a medical claim form was prepared during the week of the incident and signed by the principal or a designated school authority, this form, which merely indicated that the infant petitioner was injured when another student collided into her during recess, did not provide the appellant with actual knowledge of the essential facts underlying the claim that the appellant, inter alia, failed to properly monitor and supervise the students during school recess (see Matter of Sparrow v Hewlett-Woodmere Union Free Sch. Dist. [#14], 110 AD3d 905, 907 [2013]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 149-150).

Moreover, the petitioners did not demonstrate a reasonable excuse for the failure to serve a timely notice of claim and for the delay in filing the petition (see Matter of Hampson v Connetquot Cent. Sch. Dist., 114 AD3d 790, 791 [2014]). While the injured person here is an infant, the failure to serve a timely notice of claim and the delay in seeking leave to serve a late notice of claim were not the product of the infant petitioner's infancy (see Matter of Sparrow v Hewlett-Woodmere Union Free Sch. Dist. [#14], 110 AD3d at 906). Furthermore, the infant petitioner's mother failed to submit any evidence to support her allegations that the delay was attributable to the fact that she was more concerned about dealing with her daughter's alleged injuries than with retaining an attorney (see Matter of Hampson v Connetquot Cent. Sch. Dist., 114 AD3d at 791).

Finally, as to the issue of substantial prejudice, the petitioners presented no "evidence or plausible argument" that their delay in serving a notice of claim did not substantially prejudice the appellant in defending on the merits (Matter of Newcomb v Middle Country Cent. Sch. Dist., 28 NY3d 455, 466 [2016]; see Matter of Sparrow v Hewlett-Woodmere Union Free Sch. Dist. [#14], 110 AD3d at 907; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 152-153). The petitioners contend that the appellant has not been substantially prejudiced in its defense because the condition of the accident location has not changed. The condition of the accident location is irrelevant, however, to the petitioners' claim of negligence—that the appellant was negligent in its supervision of students during a noon recess—and, thus, to the issue of substantial prejudice as well. The petitioners also assert that there were no known witnesses to the incident and, therefore, their delay in filing a notice of claim did not substantially prejudice the appellant in its ability to investigate. This contention runs counter to the petitioners' allegation that the incident, a collision between the infant petitioner and another student, occurred during a group activity. Lastly, the petitioners contend that the availability of records as to the infant petitioner's injuries establishes a lack of substantial prejudice. The medical records, however relevant to the issue of damages, have little, if anything, to do with the appellant's ability to conduct an investigation as to its liability (see Matter of Sparrow v Hewlett-Woodmere Union Free Sch. Dist. [#14], 110 AD3d at 907; Matter of Castro v Clarkstown Cent. School Dist., 65 AD3d 1141, 1142 [2009]; cf. Matter of Allende v City of New York, 69 AD3d 931, 932-933 [2010]). Thus, their availability does not support the petitioners' argument that the appellant has not been substantially prejudiced. Inasmuch as the petitioners failed to present any evidence or plausible argument that the appellant has not been substantially prejudiced by the delay, the appellant never became required to make "a particularized evidentiary showing" that they were substantially prejudiced (Matter of Newcomb v Middle Country Cent. Sch. Dist., 28 NY3d at 467).

Accordingly, the Supreme Court should have denied the petition and dismissed the proceeding. Balkin, J.P., Chambers, Roman, Duffy and Barros, JJ., concur.

Murray v NYC DOE: Probationary Teacher Gets Her U-rating Overturned Because The Principal Deprived Her of Her Substantial Rights in the Review Process

Yes, a probationary teacher can win in Court. Juanita Murray, with the help of NYSUT Attorney Eric Chen, got her U-rating overturned by the First Department Appellate Division because the principal made many procedural and contractual errors which showed bad faith.

The Judges wrote,

"The record is clear that petitioner was deprived of her substantial rights in the review process culminating in her U-rating."

Betsy Combier

betsy.combier@gmail.com

Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org

Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Matter of Murray v Board of Educ. of the City Sch. Dist. of the City of N.Y.

2015 NY Slip Op 06866 [131 AD3d 861]

September 22, 2015

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 4, 2015

[*1]

In the Matter of Juanita Murray, Appellant, v Board of Education of the City School District of the City of New York et al., Respondents.

Richard E. Casagrande, New York, (Eric W. Chen of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York, (Fay Ng of counsel), for respondents.

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered October 1, 2013, denying the petition seeking, inter alia, to annul respondents' determination, dated September 19, 2012, which denied petitioner's appeal of an unsatisfactory rating (U-rating) for the 2010-2011 school year, and granting respondents' motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, and the petition granted to the extent of annulling the U-rating.

Petitioner is a tenured school social worker employed by the Department of Education (DOE) (sued here as the Board of Education). She challenges a year-end overall U-rating issued by her principal, Robert Mercedes, in her Annual Professional Performance Review (APPR) for the 2010-2011 school year. The APPR, which she received on June 21, 2011, indicated unsatisfactory ratings in seven categories: attendance and punctuality, where Mercedes indicated that petitioner's attendance was "nearing limit"; professional attitude and professional growth, where he indicated that she lacked professional growth based on observation; resourcefulness and initiative, where he wrote that she lacked initiative and growth; analysis and interpretation of assessment data, where he indicated that she was unable to provide information upon which to base progress; translates assessment findings into educationally relevant goals and objectives, where he wrote that she was unable to assist students served; appropriateness and flexibility of counseling approaches, where he wrote that she was not flexible; and assessment reports, where he wrote that assessment reports were not submitted on time.

The documentation accompanying the APPR consisted of three letters written by Principal Mercedes to petitioner. The first, a May 31, 2011 letter, noted that petitioner had not provided Mercedes with previously requested particularized information concerning her work with, and the progress of, three of her students selected as a sample. The second, a June 7, 2011 letter, indicated that the documentation she subsequently submitted was unsatisfactory. The third, a June 15, 2011 letter, detailed the information previously requested and what petitioner had provided, and requested details of her specific strategies to improve her students' coping skills, the interventions she used that could be "qualitatively analyzed," and evidence that she conferenced with teachers and measured and tracked the success of her students. The June 15, 2011 letter concluded that because the documentation she provided was intended to be used "in lieu of a formal observation" (as had been set forth in a letter of May 10, 2011 included in the record on appeal but not as an attachment to the APPR), she would receive an unsatisfactory evaluation.

As was her right under the parties' collective bargaining agreement, petitioner appealed her U-rating to the Chancellor of the DOE. A hearing took place in May 2012, at which both petitioner and Principal Mercedes testified. No transcript is included in the record; respondents instead rely on the report of the hearing issued by the Chancellor's Committee, which described the parties' arguments, made findings of fact, and recommended that the U-rating be sustained. [*2]The Committee concluded that petitioner had not countered respondents' claims that she took nine absences, all of which were before or after weekends and holidays, that she had been told at the beginning of the year that she was responsible for submitting logs but had not submitted any, that Principal Mercedes was unable to determine what techniques and strategies she was using or how often she met with any of the students, and that her claim that her work had been favorably reviewed by an in-discipline supervisor during the year was "hearsay," as she provided no documentary substantiation. The Committee also noted that the principal was accountable for evaluating all pedagogues in a school.

By letter dated September 19, 2012, petitioner was notified that the U-rating was sustained "as a consequence of a pattern of excessive absence (before and after weekends and holidays), and a lack of impact on student growth."

Pursuant to CPLR 7804, petitioner timely commenced this proceeding. Because she challenges the entirety of the U-rating, there was no need for her to have first filed a grievance based on her unsatisfactory rating for attendance and punctuality. The appeal to the Chancellor's Committee was her exclusive contractual and administrative remedy.

Petitioner establishes that in evaluating her performance, respondents did not adhere to their procedures or those provided in the parties' collective bargaining agreement. Special Circular No. 45, a memorandum issued by respondents in response to the mandate set forth in Commissioner of Education Regulations (8 NYCRR) § 100.2 (o), outlines the procedures for rating professional personnel, as does the related manual produced by the New York City Public Schools, entitled Rating Pedagogical Staff Members. Specifically, as a pedagogical employee, petitioner was to be given at least one full period of review during the school year by her principal, followed by a meeting with the principal to discuss her strengths and any areas in need of improvement. Additionally, as a social worker employed at a school, she should have been evaluated by the school principal in consultation with the in-discipline supervisor, in accordance with the collective bargaining agreement.

Respondents point to Principal Mercedes' May 15, 2013 affidavit wherein he states that he had in fact observed a group counseling session conducted by petitioner in April 2011 but felt that a single observation was insufficient to gauge the effectiveness of her work. However, he apparently he did not testify about the April observation at the Chancellor's Committee hearing, and petitioner disputes that it occurred. There is no documentation of the April observation, and Mercedes makes no claim to have spoken with petitioner following that observation.

It is also of great concern that an in-discipline supervisor did not critique petitioner's work as required by the collective bargaining agreement. Because there is no transcript of the Chancellor's Committee hearing, we have only petitioner's assertions, made in her underlying papers and again on appeal, that Principal Mercedes admitted to not having the experience or qualifications to evaluate petitioner without input from the in-discipline supervisor prior to asking petitioner for documents.^[FN1] Mercedes' May 15, 2013 affidavit offers the additional [*3]statement, made in response to petitioner's claim that he did not collaborate with the in-discipline supervisor when making his year-end evaluation, that the supervisor position for his school was dissolved "after May 2010." There is nothing in the record to substantiate this claim. Presumably such a decision would have been made by persons with more authority than the principal. Moreover, such an action seemingly contradicts the provision in the collective bargaining agreement. In any event, left unstated is that it appears on the record that Mercedes apparently had never conferred with the in-discipline supervisor about petitioner's work prior to the dissolution of the supervisor's position.

There is no evidence that petitioner was notified before the end of the school year in June 2011 that her work was considered unsatisfactory. Although Principal Mercedes testified at the Chancellor's Committee hearing that petitioner was told to keep and be prepared to submit logs of her work, and that she always stated that they were unavailable, there is no indication that she was advised that this was unacceptable and would result in an unsatisfactory evaluation. Mercedes testified that teachers complained they were unable to discuss their students with petitioner, but there is nothing to show petitioner was aware of that criticism prior to the annual performance review, or that she was directed to change her practices. Petitioner was also apparently not cautioned about her absences prior to June 2011, as the only letter sent to her concerning her attendance, oddly not included as part of the APPR, is dated June 2011.

The record is clear that petitioner was deprived of her substantial rights in the review process culminating in her U-rating, when compared with, for instance, Matter of Cohn v Board of Educ. of the City Sch. Dist. of the City of N.Y. (102 AD3d 586 [1st Dept 2013]). In Cohn, the petitioner's second annual U-rating was based on "detailed observations in reports prepared by the principal and two assistant principals, describing petitioner's poor performance in class management, engagement of students, and lesson planning" (102 AD3d at 586). He had been provided with a professional development plan at the start of the school year, and he received professional support throughout the year, including several classroom observations by the principal and two assistant principals, all of whom gave "detailed" letters making specific recommendations to improve his instructional deficiencies (id. at 587). Thus, although the petitioner in Cohn did not receive pre-observation conferences before every classroom observation, as required by the collective bargaining agreement and respondents' manual, Rating Pedagogical Staff Members, the U-rating was rationally based. In comparison, the instant record does not show that petitioner was provided with support, or formal constructive criticism, of any kind.

This case also differs from Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y. (117 AD3d 605 [1st Dept 2014]), where we found no violation of a lawful procedure or substantial right despite the probationary teacher's arguments that she did not receive any mandatory prescreening conferences before classroom observations, was not provided a curriculum or a professional development plan, did not receive help to manage disciplinary problems in class, and did not receive model lesson plans from another teacher (id. at 606). However, the record showed that the petitioner was given three formal observation reports describing her poor performance in class management and engagement of students, and was sent to professional development sessions after receiving her first unsatisfactory report, but her [*4]instructional skills did not improve (id. at 606-607). In contrast, here respondents have not demonstrated by competent proof that they gave petitioner, who was tenured, any feedback of any kind.

The facts alleged here are more akin to those in Matter of Kolmel v City of New York (88 AD3d 527, 527-529 [1st Dept 2011]), where the U-rating given to the probationary teacher in his fourth year of teaching was arbitrary and without a rational basis because the principal who awarded the U-rating did not observe the petitioner's teaching during either of his last two years at the school, and because the year-end report indicated that all but two categories were unsatisfactory even when there was no evidence to support the rating, or the rating was contradicted by evidence in the report.^[FN2] In Matter of Kolmel, the respondents' failure to adhere to the regulations tainted the findings of two negative classroom observations cited in the year-end report, two file letters claiming unbecoming conduct, and the year-end U-rating (id.).

Similarly, in Matter of Brown v City of New York (111 AD3d 426, 427 [1st Dept 2013]), we held that the deficiencies in rating the petitioner "undermined the integrity and fairness of the entire review process." There, the petitioner, in her second year, was observed by the principal, informally and for the first time, at the end of January and was criticized for failing to have a daily plan. She was formally observed about a month later and, although found deficient in other areas, was not provided with the written evaluation until early June; nine days after receiving the formal evaluation, she was formally evaluated for a second time and found, unsurprisingly, to have made no improvement.

In short, the complete absence of constructive criticism and warnings during the entire school year, compounded by the lack of a formal observation and accompanying feedback during the school year, "undermined the integrity and fairness of the process" (Matter of Kolmel, 88 AD3d at 529). Accordingly, the judgment should be reversed, and the petition granted to the extent of annulling the U-rating. Concur—Mazzarelli, J.P., Saxe, Feinman and Clark, JJ. [Prior Case History: 2013 NY Slip Op 32292(U).]

Footnotes

Footnote 1:Respondents cite Batyreva v New York City Dept. of Educ. (50 AD3d 283 [1st Dept 2008]), to argue that the Board of Education is not required to include a transcript of a Chancellor's Committee hearing when a proceeding is commenced under CPLR 7803 (3). Batyreva addressed whether that particular proceeding should have been brought pursuant to CPLR 7803 (4), requiring a substantial evidence analysis, and concluded that it was properly brought under the arbitrary and capricious standard (CPLR 7803 [3]). As to the hearing transcript, which had not been included in the record, we noted that the petitioner had not "demonstrated that a full transcript of the hearing before the Chancellor's Committee . . . was unavailable upon request" (Batyreva at 283-284). However, the evidence in Batyreva included eleven unsatisfactory classroom evaluation reports over the course of two years, and there was no question that the administrative decision to uphold the U-ratings was not arbitrary and capricious. Here, in contrast, while respondents have provided a litany of petitioner's failings, the issue is whether petitioner had notice of the complaints, or was in essence blindsided at the end of the school year. The hearing transcript might have shed some light on this question, as well as on the issue of Mercedes's alleged admission that he lacked the competence to evaluate social workers. 

Footnote 2:Additionally, the principal had stated at the administrative hearing that she did not rely on the file letters in making her tenure recommendation, and the petitioner submitted a statement by a current DOE employee who formerly worked at the high school, that the principal pressured assistant principals to give negative U-ratings without observing the teachers (Kolmelat 528-529). 

Humbug: Carmen Farina's "I love You" Speech to Teachers

I say Carmen is giving her usual "I love you" speech to teachers as part of her silent deal with Mike Mulgrew to get rid of tenure and to keep his hands off of the terrible, harmful 3020-a process she, Carmen Farina, has set up (watch the video).

UFT Attorney Adam Ross, UFT Pres. Mike Mulgrew, Carmen Farina, Former NYC DOE General Counsel
Courtenaye Jackson-Chase

Her "I love..." speeches are Humbug, political nonsense, rubbish.

I've been watching and researching the so-called "termination" hearings for 14 years, and I also watched Carmen when she was principal of PS 6, where my youngest daughter attended. Carmen had no respect for teachers, and picked her army (favorites) to help her attack, belittle or embarrass any staff member who dared to get in her way. She did away with the Gifted and Talented program, because she believed that all students should have the same education at a nice and comfy Level 2 or Level 3, not Levels 1 or 4.

I reported her for violating the NYC Department of Education rules for School Leadership Teams, then for not telling us parents where the money was from the Annenberg Arts grant. I and other parents were not afraid to speak up.

Carmen was removed as principal of PS 6 in February 2001.

Dont be dulled into complacency.

Betsy Combier

betsy.combier@gmail.com

Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org

Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Chancellor Carmen Fariña appears at the first of a series of town hall meetings with UFT members, this one
held at the union's Manhattan headquarters

Fariña’s goal: Restore dignity, respect to teaching

UFT.org

BY DOROTHY CALLACI AND RACHEL NOBEL | APRIL 17, 2014 NEW YORK TEACHER ISSUE

Schools Chancellor Carmen Fariña assured UFT members at a town hall meeting at union headquarters that her first priority — and the accomplishment by which she most wants to be judged — is restoring dignity and respect to the teaching profession.

“No one works well if beaten down,” she said at the first in a series of five town halls with educators from each borough.

The chancellor vowed to work with UFT President Michael Mulgrew to ensure that the most innovative educational ideas in the country come from the New York City school system
“The best-kept secret is the great work teachers do,” she said.

Why hire consultants, she asked, “when we have experts right here on the ground?”

Opening the March 31 meeting on an optimistic note, Mulgrew predicted that by September, “We expect to have a better school system in which to work, a system that respects and listens to teachers’ voices.”

Fariña introduced herself and outlined her long career as a teacher, administrator and Department of Education executive with some amusing anecdotes. She described a “traveling sideshow” when, during her 22 years as a teacher, she was sent on Fridays to other schools to model lessons.

“At heart, I am still a teacher,” she said.

Mulgrew led off the Q and A, with the question: “How do we get schools to work together, to cooperate?”

Fariña explained that she has been emphasizing collaboration and sharing in her meetings with principals, superintendents and network leaders. She also pointed to eight schools, all with high numbers of high-need students, which will serve as demonstration sites featuring best practices. She said she hopes to increase the number to 45 by September.

“These are not perfect schools,” she said. “They are places where there is energy and excitement and educators who want to get better.”

Asked by PS 110 Chapter Leader Ellen Gentilviso to share her vision for gifted and talented programs, Fariña said that she was bringing back the DOE official who was originally in charge of the program after several years when no one was at the helm.

“Gifted and talented is a label and is only as good as the teaching and practices in each school,” she said.

Fariña said she would encourage the principals of gifted and talented programs to come together to share best practices, with an eye to the best ideas being picked up by all schools.

When several members asked her about high-stakes tests and the damage they were inflicting on schools, Fariña acknowledged that it was problem that she was working on.

Deborah Williams spoke of the lack of dignity and abuse she feels as a UFT member in the Absent Teacher Reserve pool and asked Fariña when excessed teachers would be returning to the classroom.

Fariña said that she was continuing her predecessor’s policy of no forced placements, but, she said, for the first time, the DOE was arranging interviews for ATRs for vacant positions.

At the end of the short exchange, the chancellor asked other teachers to write their questions on index cards, and she promised to answer every one.

A version of this story originally appeared on uft.org on April 2 at 11 a.m

This is ugly, folks. The Renewal Program is failing, special needs kids are not getting their resources, and educators and Guidance Counselors are getting fired for no reason....but TWEED expands!

That why we need financial oversight of the Department. No one is there right now. Get rid of Mayoral Control!!!!!!!!!!!!!!!!!!!!!

Betsy Combier

betsy.combier@gmail.com

Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org

Editor, New York Court Corruption
Editor, National Public Voice
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Editor, Inside 3020-a Teacher Trials

Mayor Bill de Blasio

DOE doubles number of top administrators under de Blasio

By Selim Algar

The Department of Education nearly doubled the number of top-level administrators under Mayor de Blasio — and plans to more than triple the payroll, according to city data.

The preliminary budget for 2017-2018 is so bloated that it allocates $11,386,000 in salary for central office “pedagogical” staff — a massive hike from $4,055,000 in the last pre-de-Blasio fiscal year of 2013-2014, budget reports show.

The DOE has quietly expanded the gilded group of educrats from 39 in 2014 to 76 this year, according to city data, including Chancellor Carmen Fariña’s top deputies and other senior staffers whose work relates to student instruction and curriculum.

Overall spending on DOE brass has fattened during each of de Blasio’s years in office, the budget data show.

De Blasio’s adopted budget for central administration compensation was $4,055,000 in 2014, $5,053,000 in 2015, $7,809,000 in 2016 and $9,501,000 this fiscal year, according to city records.

“First we learned that Mayor de Blasio put 264 special assistants on his City Hall payroll, and now we learn the city has doubled its spending on bureaucrats in the Department of Education’s central office,” said Jeremiah Kittredge, CEO of charter-school advocate Families for Excellent Schools.

“Because every dollar spent on the mayor’s allies at Education headquarters is a dollar that can’t also be spent in classrooms, this paycheck padding directly and dangerously hurts innocent students,” he said.

The per capita spending average for this year, according to the current version of the city’s adopted budget, amounts to $290,636 for just 33 people.

But a DOE spokesperson said the numbers were out of date and that there were actually now 76 administrators in the category splitting $10.7 million. As a result, the per-person spending would be roughly $140,000.

The spokesperson attributed some of the overall increase in budgeting to a raft of major new initiatives undertaken by the DOE under de Blasio, which have required greater support from the central office.

“We’re investing in every student with our Equity and Excellence for All agenda, and this funding is critical as we continue to raise record-high graduation and college-enrollment rates, and provide pre-K for every 4-year-old,” DOE spokesman Will Mantell said.

Mantell stressed that next year’s preliminary budget was tentative and that adjustments to both spending and the number of central administration pedagogical employees would change.

“These are preliminary allocations and do not reflect any final spending,” Mantell said.

Overall funding of DOE bureaucracy — in addition to just the top administrators — has also risen under de Blasio.

According to the preliminary budget for next year, a total of 1,918 central administration workers are slated for $210,227,000 in overall pay. That compares to $163,947,000 in 2015 for 1,922 staffers.

DOE bloat isn’t limited to the central office headquarters.

As revealed by The Post earlier this month, the department shells out a staggering $40 million on contracts a year to consultants for help with Mayor de Blasio’s beleaguered Renewal school program.

That’s in addition to an $8.5 million payroll for 72 DOE bureaucrats dedicated to rescuing the cratering campuses from closure.

Jobs for Attorneys and Investigators at the New York City Department of Education

You too could be on this blog!

Betsy Combier

betsy.combier@gmail.com

Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org

Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Confidential Investigator Special Investigations Unit Supervisor

New York City Department of Education . – New York, NY

18 days ago

Est. Salary $37k-$70k

·        Description

·        Company

·        Reviews

Position Summary: Under the supervision of the Director of the Office of Special Investigations (OSI), the Confidential Investigator Unit Supervisor will be assigned to perform, with wide latitude for independent action and decision, highly confidential and sensitive investigations into allegations of corruption, misconduct, and/or other illegal, unethical, or improper activity by Department of Education employees. The Confidential Investigator Unit Supervisor will be expected to: conduct victim, witness, and subject interviews; interact with union representatives; author comprehensive reports of his/her findings; and testify, when necessary, at administrative hearings and/or trials.

Reports to: Director of the Office of Special Investigations

Direct Reports: Confidential Investigators and OSI administrative support staff

RESPONSIBILITIES

Overall Responsibilities

·        Conducts complex and special investigations.

·        Plans investigation schedules and assignments.

·        Prepares, reviews, evaluates, and acts upon allegations of wrongdoing.

·        Makes recommendations as to the appropriate action to be taken prior to and following an investigation.

·        Writes comprehensive reports of his/her investigative findings and conclusions for supervisory review and approval.

·        Conducts security surveys of agency operations and facilities.

·        Testifies at hearings, trials, and court proceedings.

·        Advises subordinates on difficult matters, and interprets rules, regulations, codes and policy for the guidance of the investigating staff.

Unit Supervisor Responsibilities

Confidential Investigator will be assigned to Specialty Units with responsibility for: assigning investigations to the Confidential Investigators within their unit; arranging and organizing unit trainings; reviewing the first draft of all investigative reports to ensure that the investigations have been completed; coordinating regular case reviews with team members; overseeing and tracking investigations, e.g., answering questions, helping to strategize the investigations, etc; and informing the OSI Director, Deputy Director, and Associate Director as to whom the investigations have been assigned.

Testing/Grading/Credit Impropriety Unit

·        Investigate allegations of tampering with standardized, state-issued exams (all grades) and allegations of improper credit recovery.

·        Serve as the liaison to the Division of Performance and Accountability.

Internet Acceptable Use Policy Unit (IAUP)

·        Investigate allegations of IAUP violation, such as: downloading/viewing of pornography/child pornography; using a DOE computer for Non-DOE purposes; using a personal computer with inappropriate content in school; downloading personal information to a DOE computer

·        Serve as the liaison to OSI’s Forensic Analyst.

·        Responsible for identifying, analyzing, and proposing new investigative strategies to the office, and staying abreast of new trends and new technologies.

Fraud/Theft/Financial Impropriety Unit

·        Investigate allegations of financial mismanagement or misappropriation.

·        Serve as the liaison to the Office of the Auditor General.

·        Responsible for organizing and overseeing audits.

Principal/Priority/Press Unit

·        Conduct investigations of principals where allegations have been heavily reported in the press; cases that have been expedited at the request of the Chancellor or General Counsel; and cases that require expedition due to the serious nature of the allegation.

·        Serve as the liaison to the General Counsel and his Chief Deputy, and to OSI’s Director, Deputy Director, and Associate Director.

·        Respond to inquiries from the press office and the Chancellor as requested by OSI’s Director, Deputy Director, and Associate Director.

·        Inform the General Counsel and/or his Chief Deputy as to whom the investigations have been assigned.

·        Tracking and oversee cases and timelines.

Qualification Requirements:

Minimum

·        A four year high school diploma or its educational equivalent, and four years of satisfactory full time experience in an industrial or governmental agency in the field of investigation and law enforcement; or

·        A baccalaureate degree from an accredited college, or education and/or experience equivalent to the above.

Preferred

·        Ability to interview students and adults.

·        Ability to complete comprehensive written reports detailing the results of each investigation.

·        Candidates must possess a valid New York State Driver's License and be willing to travel to Department of Education facilities throughout New York City.

Salary: $65,000+

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

Position will be posted until filled. We encourage applicants to apply as soon as possible.

Applications will not be accepted without a resume and cover letter.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO

Required Skills

Required Experience

Job Location
NEW YORK, NY

Confidential Investigator Special Investigations

New York City Department of Education . – New York, NY

1 days ago

·        Description

·        Company

·        Reviews

AMENDED

(Those who previously applied need not re-apply)

Position Summary: The Confidential Investigator will have wide latitude for independent action and decision, in the performance of highly confidential and sensitive investigations into allegations of corruption, misconduct, and/or other illegal, unethical, or improper activity by Department of Education employees. The Confidential Investigator will be expected to: conduct victim, witness, and subject interviews; interact with union representatives; author comprehensive reports of his/her findings; and testify, when necessary, at administrative hearings and/or trials. Performs related work.

Reports to: Associate Director of the Office of Special Investigations

Direct Reports: N/A

RESPONSIBILITIES

·        Conducts complex and special investigations.

·        Assists with the planning of investigative schedules and assignments.

·        Prepares, reviews, evaluates, refers and/or acts upon allegations of wrongdoing.

·        Conducts interviews of all relevant parties to a complaint, including, but not limited to: the complainant/victim, witnesses, students of varying ages, parents of students, subjects of the investigation, and Department of Education employees.

·        Analyzes complaints of misconduct, develops investigative plans, conducts fact-finding, reviews documentation, conducts related research, prepares relevant correspondence, and submits comprehensive confidential reports of the investigative findings for supervisory review and approval.

·        Makes recommendations as to the appropriate action to be taken prior to and following an investigation.

·        Documents investigative activities and dispositions via the office’s database in a timely and comprehensive manner.

·        Testifies at hearings, trials, and administrative proceedings.

·        Interprets and accurately applies relevant rules, regulations, codes and policies.

·        Interacts and communicates with Department of Education employees and the wider community, in person and via telephone, to intake and/or refer complaints of misconduct lodged against departmental employees.

·        Advises Department employees, school administrators, parents, students, and community members as to the Department’s reporting requirements, and the Office of Special Investigation’s intake and investigative policies, procedures, and protocols.

·        Maintains confidentiality of investigations and of the investigative process.

In addition to the duties and responsibilities described above, may serve as the Office of Special Investigation’s Communications and Compliance Investigator:

·        Acts as the liaison to internal and external legal and law enforcement offices seeking investigative information and/or confidential files pertaining to Department of Education employees.

·        Conducts data analyses to identify trends and/or patterns of misconduct within DOE schools and/or districts.

·        Advises administrators, superintendents, and supervisors within the Office of Special Investigations, the Office of Legal Services, and the department’s central office as to trends and/or patterns of misconduct within DOE schools and/or districts.

·        Conducts internal and/or external trainings on the Office of Special Investigation’s complaint intake procedures, investigative protocols, Departmental reporting requirements, and the disciplinary process.

·        Assists with the organization and archiving of investigative files.

·        Oversees the scheduling of investigative tours.

Qualification Requirements:

Minimum

·        A four year high school diploma or its educational equivalent and four years of satisfactory full time experience in an industrial or governmental agency in the field of investigation or as law enforcement officer conducting criminal, special victims, white collar crime and/or administrative investigations, or,

·        A baccalaureate degree from an accredited college, or education and/or experience equivalent to the above.

Plus

·        Ability to complete comprehensive written reports detailing the results of each investigation.

·        Ability to interview students and adults.

·        Proficient in Microsoft Outlook, Excel and Word.

·        Must possess a valid New York State Driver's License and be willing to travel to Department of Education facilities throughout New York City.

Preferred

·        Proficient in Microsoft Office (Access, Excel and PowerPoint) and other widely used computer programs.

·        Experience utilizing Guidance Encase Forensic Software.

·        Experienced in examining computer hardware including the removal of computer hard drives.

·        Experience or working knowledge of the public sector and/or interest in public education.

·        Strong strategic thinking, attention to detail, and ability to proactively identify key issues.

·        Ability to multi-task in a fast-paced environment.

·        Highly organized in order to track large amounts of case-related data.

·        Ability to maintain chain of custody of all evidence gathered during the course of investigations for possible criminal or administrative prosecution.

Salary: $65,000

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

Position will be posted until filled. We encourage applicants to apply as soon as possible.

Applications will not be accepted without a resume and cover letter.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills

Required Experience

Job Location
NEW YORK, NY

Administrative Trials Unit Attorney

New York City Department of Education . – New York, NY

5 days ago

·        Description

·        Company

·        Reviews

Position Summary: Under the direction of the Deputy Counsel of the Administrative Trials Unit, with wide latitude for independent action, the Administrative Trials Unit Attorney will serve as a legal representative of the Chancellor performing sophisticated legal work in disciplinary proceedings. Performs related work.

Reports to: Director of the Administrative Trials Unit

Direct Reports: N/A

Key Relationships: Director of the Administrative Trials Unit, Superintendents, and Principals.

Responsibilities

·        Handles legal issues and cases, including recommendations concerning the soundness of charges, preparing specification of charges, coordinating the gathering of evidence, and briefing witnesses.

·        Responsible for legal cases that are complex and high profile in nature.

·        Represents the Department of Education (DOE) in Education Law 3020-A proceedings and hearings pursuant to Section 75 of the Civil Service Law.

·        Provides legal counsel and training to Superintendents and Principals on disciplinary procedures.

·        Acts as a liaison to executives within the agency and to other City agencies.

Qualification Requirements:

Minimum

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

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

Preferred

·        Minimum three (3) years litigation experience.

·        Ability to rapidly understand provisions of applicable laws and regulations.

·        Ability to write clearly and concisely.

·        Ability to conduct legal research efficiently.

Salary: $85,000+

Please include a resume and cover letter with your application.

Applications will be accepted until position is filled.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills

Required Experience

Job Location
NEW YORK, NY

Attorney Teacher Performance Unit

New York City Department of Education . – New York, NY

11 days ago

·        Description

·        Company

·        Reviews

(Those who previously applied need not re-apply)

Position Summary: Under the direction of the Office of the General Counsel, with wide latitude for independent action, the Teacher Performance Unit Litigation Attorney serves as a legal representative of the Chancellor, performing sophisticated legal work on disciplinary matters and providing training and counsel to school leaders. This team of attorneys will be assigned to handle special disciplinary proceedings as part of a teacher quality initiative and will have the opportunity to work on key policy initiatives in conjunction with the Office of Labor Policy. Performs related work.

Reports to: Executive Deputy Counsel

Direct Reports: N/A

Key Relationships: Acts as liaison to executives within the Department and to members of other City agencies.

Responsibilities

·        Handles legal issues and cases including recommendations concerning determining the soundness of charges, preparing specification of charges, coordinating the gathering of evidence, and briefing witnesses.

·        Manages legal cases that are complex and high-profile in nature.

·        Represents the New York City Department in Education on Law 3020-A proceedings and hearings pursuant to Section 75 of the Civil Service Law.

·        As part of a team of attorneys, helps devise strategies for providing improved support and training to school leaders around evaluation and discipline, and for spurring the improvement or removal of poor performers.

·        Provides support, counsel and training to Superintendents, Principals, and their designees on disciplinary procedures, with an emphasis on documenting incompetence and poor performance.

Qualification Requirements:

Minimum

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

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Preferred

·        Minimum three (3) years litigation experience.

·        Excellent research, analytical and communication skills.

·        Ability to rapidly learn provisions of applicable law and regulations.

·        Ability to write clearly and concisely.

Salary: $85,000+

Please include a resume and cover letter with your application.

Applications will be accepted until position is filled.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, national origin, alienage and citizenship status, age, marital status, disability, prior record of arrest or conviction (except as provided by law), sexual orientation, gender (sex), and to maintain an environment free of discriminatory harassment, including sexual harassment, or retaliation as required by civil rights law. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
NEW YORK, NY

Employee Relations Attorney

New York City Department of Education . – New York, NY

25 days ago

·        Description

·        Company

·        Reviews

Position Summary: Under the direction of the Office of Legal Services and working in close coordination with the Senior Advisor for Talent Management and Innovation, the Attorney serves as a legal representative of the Chancellor, performing sophisticated legal work on disciplinary matters and providing training and counsel to school leaders. The Attorney will focus on work related to disciplinary proceedings for pedagogues assigned to the Absent Teacher Reserve (ATR) pool. Performs related work.

Reports to: Director, Case Assessment and Review Unit, in coordination with Senior Advisor for Talent Management and Innovation

Direct Reports: Case Assessment and Review Support Staff

Key Relationships: Senior Advisor for Talent Management and Innovation; Director, Case Assessment and Review Unit; Executive Deputy Counsel; Superintendents; Principals

Responsibilities

·        Handles legal issues and cases including recommendations concerning disciplinary charges, evaluating evidence, and advising school leaders of documentation needed for disciplinary charges.

·        Manages legal cases that are complex and high profile in nature.

·        As part of a team of attorneys, helps devise strategies for providing improved support and training to school leaders around evaluation and discipline, and for spurring the improvement or removal of poor performers.

·        Provides support, counsel, and training to Superintendents, Principals, and their designees on disciplinary procedures, with an emphasis on documenting poor performance and misconduct of pedagogues in the ATR pool in preparation for disciplinary charges, where applicable.

·        Assists the Director, Case Assessment and Review and Senior Advisor for Talent Management and Innovation in planning, implementing, coordinating, and monitoring Department programs surrounding ATR issues.

·        Makes recommendations to General Counsel and General Counsel’s staff on policies and procedures concerning discipline of pedagogues in the ATR pool.

Qualification Requirements

Minimum

Admission to the New York State Bar and three (3) years of progressively responsible United States legal experience subsequent to admission to any state bar. Note: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

Preferred

·        Minimum three (3) years litigation experience.

·        Excellent research, analytical, and communication skills.

·        Ability to rapidly learn provisions of applicable law and regulations.

·        Ability to write clearly and concisely.

Salary: $85,000+

Applicants must submit a cover letter and resume to be considered for this position.

Resumes will be reviewed until position is filled. We encourage applicants to apply as soon as possible.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
NEW YORK, NY

Equal Opportunity Complaint Investigator

New York City Department of Education . – New York, NY

26 days ago

·        Description

·        Company

·        Reviews

(Those who previously applied need not re-apply)

AMENDED

Position Summary: The Equal Opportunity Complaint Investigator will conduct investigations of complaints of discrimination and unlawful harassment pursuant to federal, state, and local EEO laws and the DOE’s Non-Discrimination policy. Performs related work.

Reports to: Executive Director of the Office of Equal Opportunity & Diversity Management

Key Relationships: Serves as a liaison between DOE and outside entities that request complaint file information, including the Corporation Counsel, Special Commissioner of Investigation and the Office of Legal Services. Collaborates, when necessary, with the Office of Special Investigations regarding overlapping investigative issues.

Responsibilities

·        Provides over-the-phone and walk-in complainants with information regarding Department of Education (DOE) Non-Discrimination Policy and internal complaint procedures.

·        Conducts interviews of all relevant parties to a discrimination complaint; including, but not limited to, the complainant, the respondent, witnesses, students, parents of students, and staff members. School-based investigations may require travel to schools in any of the five boroughs. Interviews complainants, converting oral allegations to written format.

·        Analyzes complaints, develops investigative plans, conducts fact-finding, reviews documents, conducts related research, prepares related correspondence, and submits confidential reports containing investigative findings.

·        Assists in the administration and input of data into the Master Complaint Log database.

·        Contributes to the coordination and completion of any reports mandated by federal, state, and local agencies, such as the Equal Employment Practices Commission (EEPC) report.

·        Assists in the analysis and/or preparation of reports indicating complaint trends based on data collected.

·        Reviews and analyzes the Department of Education’s affirmative action/equal opportunity programs and reports; provides technical assistance in their implementation through on-site compliance reviews; trains agency personnel in all relevant equal opportunity laws and regulations.

·        Assists in the preparation, dissemination and implementation of rules, regulations, procedures and guidelines related to the review of internal complaints of alleged discrimination.

·        May serve as the Unit Chief of the Complaint Unit. If serving in this capacity, Unit Chief responsibilities will include:

o   assisting and implementing trainings for investigators;

o   providing guidance regarding investigations and drafting investigative reports;

o   assisting in the review of investigative work;

o   working to ensure compliance with the Non-Discrimination Policy and internal complaint procedures, and

o   performing related tasks.

Qualification Requirements:

Minimum

1.      A baccalaureate degree from an accredited college and three years of full-time satisfactory professional experience in one or more of the following fields: equal employment opportunity, human rights, community relations, law, social services, education, investigation, human resources or public relations.

2.      A four-year high school diploma or its educational equivalent and seven years of full-time satisfactory professional experience as described in " 1 " above; or

3.      Education and/or experience equivalent to "'1" or "2" above. However, all candidates must have a four-year high school diploma or its educational equivalent.

Preferred

·        Strong writing, negotiation and organizational skills.

·        Internal candidates preferred.

Salary: $58,211+

Please submit a resume and cover letter with your application.

Resumes will be reviewed until position is filled. Please submit your application as soon as possible.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
New York, NY
Director, School Quality

New York City Department of Education . – New York, NY

27 days ago

Est. Salary $80k-$128k

·        Description

·        Company

·        Reviews

Position Summary: The Quality Review (QR) was developed to assist New York City Department of Education (DOE) schools raise student achievement. The Quality Review is designed to be a measure of how well a school is organized to support student achievement, culminating in a public report that details schools’ strengths and their areas for improvement.

The process also provides:

·        a structured opportunity for review and constructive feedback;

·        support and encouragement for the school's on-going self-evaluation; and

·        a springboard for school improvement planning.

The Director, School Quality will be responsible for conducting at least 8-10 Quality Reviews, Alternative Quality Reviews and/or State Quality Reviews each year, while also leading the development and facilitation of professional development for QR Reviewers. Directors are expected to be masters of/or expected to master the QR Rubric in order to train and contribute to the professional growth of reviewers, and increase the understanding of the rubric across clusters, networks and schools. Performs related work.

Reports to: Deputy ExecutiveDirector, School Quality

Key Relationships: Will work closely with Directors for School Quality, the Deputy Executive Director for School Quality, the Executive Director for School Quality and various QR stakeholders including reviewers, readers, clusters, networks and schools.

Responsibilities

·        Conduct 8-10 Quality Reviews (QRs), Alternative Quality Reviews (Alt QRs) and/or State Quality Reviews (SQRs) each year, authoring public reports in a timely manner that effectively capture the findings of each review.

·        Provide quality reviewers in the field with support via telephone, email and in-person meetings.

·        Conduct quality assurance of QR reports through the read process.

·        Develop content and facilitate professional development for all reviewers, which is informative and builds on the reviewer’s QR experience.

·        Work with a “class” of reviewers as needed to build their expertise in conducting reviews.

·        Quickly develop mastery of the QR Rubric and share expertise as needed with QR stakeholders, and particularly with networks and clusters towards strengthening the understanding and learning around the QR Rubric across the NYCDOE.

·        Assist in the creation, copyediting and publication of all QR, Alt QR and SQR documents including the QR Record Book, The Principal’s Guide to the QR, the SSEF form, etc.

·        As needed, resolve and respond to appeals filed by school principals.

Qualification Requirements:

Minimum

Must currently possess a New York State Certification as a School District Administrator (SDA) or School District Leader (SDL).

Plus

·        Successful experience as a public or private school principal and/or major supervisory and curriculum experience at the central office level.

·        Respected, highly skilled instructional leader with broad experience as an educator across roles and student populations (general education, ELL, special education).

·        Proven record of success in improving outcomes for all students.

·        Proven record of success in supporting adult learning and leadership development.

·        Demonstrated commitment to outcome-based accountability, data-driven decision-making, differentiated instruction, and continuous adult learning as drivers of improved student outcomes.

·        Sophisticated understanding and ability to apply theories of and effective practices for:

o   Student learning, growth and development;

o   Group process, communications, and organizational planning;

o   Deeply contextualized professional development;

o   A broad range of instructional technologies;

o   Differentiated instructional strategies especially for high-needs students;

o   Standardized, observational, performance-based and alternative assessments; and

o   Continuous principal, teacher, and student learning, including evaluation, self-evaluation, and evidence-driven adjustment of instruction and interventions.

·        Understanding and ability to support the instructional needs of:

o   English Language Learners at all stages of English acquisition;

o   Special Education students; and

o   Students identified as gifted.

Preferred

·        Proven commitment and ability to clearly and accurately inform parents and school communities about how each child and group of children is progressing compared to others and to involve school communities in improved student learning.

·        Experience in hands-on, school-based, and project-based training of adults.

·        Strong service and support orientation towards schools and school communities

·        Internal candidates preferred

Salary: $120,098+

Please be sure application includes a resume, cover letter and your 6-digit NYCDOE file number that was issued.

Applications will be accepted until position is filled.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
NEW YORK, NY

Deputy Counsel Administrative Trials Unit

New York City Department of Education . – New York, NY

30+ days ago

·        Description

·        Company

Position Summary: Under the executive direction of the Counsel to the Chancellor, with the broadest latitude for independent judgment and decision-making, acts as Deputy Counsel for all legal matters related to administrative trials within the Department of Education (DOE). Supervises legal, investigation and support staff assigned to the Administrative Trials Unit. Performs related work.

Reports to: Chief Deputy Counsel of the Office of the General Counsel

Direct Reports: Deputy Director of ATU, Chief Research Attorney, Chief Trial Specialist, ATU Litigation Attorneys and administrative support staff assigned to the Administrative Trials Unit.

Key Relationships: Office of Personnel Investigation, Special Investigations, OEO, District Superintendents and Principals, the General Counsel’s senior leadership team, Conflict of Interest Board, NYPD and all District Attorneys’ Offices in the five boroughs.

RESPONSIBILITIES

·        Manages difficult and complex legal issues and cases involving intricate determinations of law and fact.

·        Independently manages and provides guidance and direction to staff on how to handle a very high volume of cases of a highly confidential and sensitive nature.

·        Serves as legal representative of the Chancellor in disciplinary proceedings brought against tenured and non-tenured administrative and pedagogic employees.

·        Independently responsible for making presentations to the General Counsel, the Chancellor, Cabinet Members and other high-level executives on disciplinary matters for the referral of charges for administrative and pedagogic employees.

·        Interacts with the Special Commissioner of Investigations and independently provides follow-up on all reports on disciplinary matters.

·        Prepares legal opinions, advising and recommending on complex questions of law and administrative policy to the General Counsel and the Chancellor.

·        Interacts with high level officials from outside agencies as well as from within the DOE on policy, legal matters and labor relations issues related to the disciplinary process.

·        Supervises and reviews detailed complex case tracking system of all cases within the Administrative Trials Unit and provides accurate and concise reports to high level DOE officials.

Qualification Requirements:

Minimum

·        Admission to the New York State Bar; and

·        Four (4) years of recent full-time satisfactory, relevant legal experience subsequent to admission to any bar.

·        Eighteen (18) months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

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

Preferred

·        Litigation experience.

·        Excellent research, analytic and communication skills.

·        Ability to rapidly understand provisions of applicable law and regulations.

·        Ability to write clearly and concisely.

·        Internal candidates preferred.

Salary: $113,718+

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

Please include a resume and cover letter with your application.

Applications will be accepted until position is filled.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
NEW YORK, NY

Labor Relations Attorney (Level 3)

New York City Department of Education . – New York, NY

30+ days ago

·        Description

·        Company

(Those who previously applied need not re-apply)

Position Summary: The Labor Relations Attorney conducts legal activity, or engages in difficult and complex legal work having significant financial, procedural or policy consequences for the Department of Education (DOE). Performs related work.

Reports to: Deputy Director of Labor Relations

Direct Reports: N/A

Key Relationships: Establishes and maintains an informational and operational labor relations liaison between the Office of Labor Relations (OLR) and the principals and supervisors of the community school districts, high schools and other divisions, and bureaus and offices within the DOE to assist them with disputes regarding the interpretation and application of various collective bargaining agreements.

Responsibilities

·        Prepares for and/or tries complex cases involving large amounts of money, significant precedents, novel and complicated determinations of law and fact, or cases having significant legal, policy or financial implications.

·        Prepares and argues difficult cases and appeals in Administrative Tribunals and in the courts.

·        Determines the advisability of presenting witnesses, admissibility of types of evidence and matters of legal strategy.

·        Confers with subject matter specialists, technical experts, and other attorneys, including counsel for litigants.

·        Recommends settlements pursuant to DOE Administrative Tribunals.

·        Conducts legal investigations, holds informal hearings, and examines prospective witnesses.

·        Conducts research and prepares legal briefs and memoranda on labor and employment law issues.

·        Reviews and provides interpretations on complex, important or highly technical laws, rules or regulations.

·        Reviews, revises and approves agreements prepared by other attorneys.

·        Analyzes, studies and reports on the effects of city, state and federal legislation.

·        May supervise subordinate attorneys on a case by case basis.

·        May hear and decide cases as a DOE hearing officer.

Qualification Requirements:

Minimum

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

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

Preferred

·        Ability to rapidly understand provisions of applicable law and regulations.

·        Ability to write clearly and concisely.

·        Ability to conduct legal research efficiently.

Salary: $85,000+

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

Applications will be accepted until position is filled. Please submit your application as soon as possible.

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

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, national origin, alienage and citizenship status, age, marital status, disability, prior record of arrest or conviction (except as provided by law), sexual orientation, gender (sex), and to maintain an environment free of discriminatory harassment, including sexual harassment, or retaliation as required by civil rights law. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/Administration/Offices/GeneralCounsel/OEO/default.htm.

Required Skills


Required Experience

Job Location
NEW YORK, NY

Field Support Liaison

New York City Department of Education . – New York, NY

21 days ago

·        Description

·        Company

·        Reviews

(Those who previously applied need not re-apply)

AMENDED

Position Summary: The Field Support Liaison serves a critical role within the new Strong Schools, Strong Communities support structure within the NYC Department of Education. The new support structure aims to align supports to schools based on need; the Field Support Liaison supports this work in two key ways: ensuring comprehensive assessment of schools, using a variety of data sources, and facilitating accurate alignment of supports from the Field Support Centers (FSCs) to district schools. The Field Support Liaison will support the Superintendent and Principal Leadership Facilitator (PLF) in improving the performance of district schools by facilitating the development of school improvement plans and strategically coordinating support from the FSCs. Performs related work.

Reports to: Superintendent

Direct Reports: N/A

Key Relationships: Superintendent, Office of School Support and Supervision, the Division of the Senior Deputy Chancellor and School Support, Office of Field Support, The Division of Teaching and Learning, The Office of Curriculum, Instruction and Professional Development.

Responsibilities

·        Provide operational oversight for high-priority projects which are overseen directly by the Superintendent‘s office.

·        Manage ongoing work streams, support implementation and provide coordination across the Superintendent‘s office to support the Superintendent‘s goals and objectives.

·        Play a significant role in executing short-term projects critical to managing day-to-day operations in the Superintendent‘s Office.

·        Participates in the refinement of system-wide accountability policy to ensure that accountability tools continue to fairly evaluate and meet the needs of our schools.

·        Support the alignment and delivery of professional development to schools by:

o   analyzing multiple data sources (both qualitative & quantitative) to assess and prioritize the needs of schools;

o   collaborating with Superintendent and PLF to develop strategic support plans; and

o   coordinating with the FSC to provide targeted support and professional development.

·        Provide programmatic and policy support to the Superintendent and District leadership on establishing and maintaining a culture focused on student learning and achievement, leadership, teacher development, collaboration, and comprehensive use of data for improved outcomes of all students in all schools.

·        Provide support to the Superintendent and PLF related to professional development and on-site coaching to school principals and instructional staff to analyze data, assess the impact of professional development, and monitor and revise their goals.

Qualification Requirements:

Minimum

1.      A master’s degree from an accredited college in a field related to the position and three (3) years of full-time progressively responsible professional experience in education administration in one or more education-related areas, at least eighteen (18) months of which must have been in a managerial capacity; or

2.      Graduation from an accredited college with a baccalaureate degree and four (4) years of full-time progressively responsible professional experience, as described in “1”; or

3.      A satisfactory combination of education and/or experience which is equivalent to “1” above including teaching experience towards meeting the general experience in “1” above; however, all candidates must have the eighteen (18) months of managerial experience.

NOTE: Will involve travel throughout the assigned district.

Preferred

·        School leadership or educational program management experience.

·        Commitment to outcome-based accountability, data-driven decision-making, differentiated instruction, and continuous adult learning as drivers of improved student outcomes.

·        Strong service and support orientation and facilitative style towards schools and school communities.

·        Ability to think strategically, mobilize disparate groups of people toward a common and ambitious goal, manage horizontally, and translate insights into action.

·        Attentive to detail, extremely well-organized, able to work under pressure, and meet frequent and changing deadlines.

·        Skilled with group problem-solving and working with complex concepts in a dynamic setting.

·        Ability to organize facts and present information and figures in a clear, concise and logical manner, both orally and in writing.

·        Excellent interpersonal skills in dealing with education and non-education personnel, internal and external to the DOE.

·        Internal candidates preferred.

Salary: $97,158+

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

Please include a resume and cover letter with your application.

Applications will be accepted on a rolling basis. We encourage applicants to apply as soon as possible.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
NEW YORK, NY

ATU Investigator (Employee Discipline)

New York City Department of Education . – New York, NY

28 days ago

·        Description

·        Company

·        Reviews

Position Summary: Under supervision, with latitude for independent action and decision, the ATU Investigator investigates and studies employees’ misconduct and incompetence. The Investigator will be responsible for supporting the unit head and the staff attorneys in the investigation and preparation of legal and labor matters related to employee misconduct and incompetence. The Investigator is responsible for the maintenance and preparation of documents and written reports that are prepared in conjunction with administrative proceedings. The Investigator works collaboratively with the unit head and the other staff attorneys to ensure an efficient and systematic approach to legal services, and may serve as liaison to City, state and federal departments, and with other agencies and officials within the Department of Education (DOE). Performs related work.

Reports to: Deputy Counsel (Director) of the Administrative Trials Unit and/or designated Staff Attorneys.

Direct Reports: Assignment to positions in Level 2 and Level 3 may require supervision of other investigators and/or support staff.

Key Relationships: Legal Services Staff Attorneys and administrative support staff

Responsibilities

·        Assembles and verifies data, records, and evidence in response to inquiries from Corporation Counsel and outside counsel.

·        Manages and maintains case databases and generates case reports.

·        Examines and analyzes employee records and documents, case files, and legal filings necessary to respond to requests for disciplinary hearings; makes recommendations as to course of action.

·        Utilize computer systems such as NYCAPS, HRS, and EIS to assist in the retrieval of information in connection with various administrative proceedings involving the Department of Education.

·        Assists attorneys in trial preparation, including drafting charges, maintenance, and preparation of documents for trial, witness preparation, and evidence gathering.

·        Ensures timely notification of charges to employee to comply with labor agreement deadlines so hearings can proceed according to schedule.

·        Coordinates disciplinary hearings; organizes trial assignments and arbitrator calendar.

·        Research and evaluates tenure status of pedagogic employees; responds to inquiries as a point of contact for principals.

·        May require supervision of other Investigators and/or support staff.

·        Guides subordinates on best investigative techniques to utilize based on each individual case.

·        Interprets DOE administrative rules and regulations and policies as well as labor contract provisions related to due process procedures.

Qualification Requirements

1.      A four-year high school diploma or its educational equivalent and four years of satisfactory full-time experience in one or more of the fields of accounting, auditing, correction administration, criminal justice administration and planning, forensic science, and security, or in a major operational area of the employing agency in which the appointment is to be made; or

2.      A baccalaureate degree from an accredited college; or

3.      Education and/or experience equivalent to “1” or “2” above.

Preferred

·        Strong computer systems skill needed to maintain case databases and generate case reports using WestlawNext, Adobe Acrobat, and other software.

·        Excellent communication and interpersonal skills.

·        Strong writing and organizational skills.

·        Efficient legal research skills.

·        Experience utilizing Microsoft Office, e.g., Word, Excel, Outlook, and PowerPoint.

Salary: $47,099+

Please include a resume and cover letter with your application.

Applications will be accepted until position is filled.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website athttp://schools.nyc.gov/OEO

Required Skills


Required Experience

Job Location
NEW YORK, NY