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Wednesday, October 7, 2020

Op-Ed: Attorney Bryan Glass, UFT Solidarity, and Francesco Portelos Lead Educators Astray

                                                               Attorney Bryan Glass
 

Team Advocatz believes that UFT Solidarity and Bryan Glass are misleading teachers/educators as well as putting them under scrutiny with the Department of Education, which leads to Discontinuance or 3020-a charges. We present the facts below.

re-posted from ADVOCATZ.com:

Op-Ed: UFT Solidarity Loses The Case To Get COVID-19 Accommodation For Remote Teaching

Considering the amount of press coverage on the PETITION filed by Attorney Bryan Glass for UFT Solidarity members to get accommodations, any reader would think that the case was precedent-setting. In fact, I believe that UFT Solidarity chief Lydia Howrilka even said that it was.  She was quoted in EdSurge:

“Teachers who do not qualify from specific guidelines of medical accommodations—if they do not fall under any of those categories, the only option they have is to take unpaid leave,” Howrilka says. “We are being given a Hobson’s choice of choosing between either our paychecks and livelihood or our own health and safety.”

I support the premise that teachers with disabling conditions, or who have relatives and/or family members whose health is impaired for any number of reasons, or who have particular work responsibilities which require working with children who cannot wear masks or do not keep them on, should obtain remote work accommodations if they apply – with the proper doctors’ notes and support. Many, it is true, are denied for no rational reason. No one trusts what the NYC DOE says about “safety,” either.

Many people – including myself – believe that it would be a terrible idea to trust the New York City Department of Education when promoting “safety” in NYC schools. The definition of safety they rely on is hearsay, often fake, news. Public contractors say that something has been cleaned, and people in the very room that has been “cleaned” can see that it is not clean. I have seen mold, bugs, mice, falling ceilings, and other horrible, unsafe conditions throughout New York City in my many roles as a parent advocate, UFT representative, workplace investigator, and in pictures received from sources who are everywhere. Thank you, all!

Also, as a parent and teacher advocate, I have the facts behind what is really going on in our City schools, stuff that no one wants to know, stuff the NYC DOE keeps lying about, such as two teachers (one general education, the other special education) certified to teach in the content area in every ICT (Integrated Co-teaching) classroom; another is that charges against an educator are always rational. Anyone who really wants information should go to the school, work or walk inside, and see for him/herself, or ask someone inside to take pictures and secretly tape conversations (New York State is a one-party State). I am certainly not alone in this knowledge, we live in a City where everyone should assume that all conversations have someone secretly taping everything, and sharing the tapes online when the "right" time comes along. The "right" time is, I believe, defined by an individual or group; all people everywhere certainly do not have the same definition of "right", or "good", "bad", "wrong", or "fake", etc. 

By the way, I do not secretly tape anyone with whom I work, and have never, nor will I ever, secretly tape anyone in 3020-a hearings or Court. So don't believe anyone, and I mean UFT Solidarity folk if they say I do. 

But I write VERY good notes and read every transcript thoroughly.

I believe that everyone can have their own opinion about anything as long as they do not maliciously and intentionally lie to harm anyone.

That being said, I do not believe that Bryan Glass was the right choice for an Attorney. He did not do an adequate job in the TRO case for remote teaching accommodations. Indeed, after winning the temporary injunction, which the press picked up, he signed up 20 new Petitioners, who may or may not have been aware that the first Judge had vacated the TRO. It seems that the Judge was not satisfied with Bryan Glass’ argument to Amend his original Petition, or withdraw it:

ORDER___TRANSFER_MO_28

Here is the relevant part:

“Accordingly, the imminent harm and balance of the equities presented to the Court in the initial application are no longer the same. This is particularly true because Petitioners have now raised the possibility of a secondary, “comfort” accommodation policy, not mentioned in the Petition, which Petitioner’s counsel was unable-despite numerous Court queries, hundreds of pages of submissions, and two arguments-to discuss as it applied to Petitioners; that is, whether Petitioners had applied, on what basis, and what the result was. 1 

It is therefore

ORDERED that the TRO is vacated.”

Here is the response from the New York Law Department, the Amended Petition, and the final Order of Judge Edmead:

LETTER___CORRESPOND

PETITION__AMENDED

ORDER___INTERIM

FINAL DECISION- CASE DISMISSED

TRANSCRIPT

Francesco Portelos started UFT Solidarity to promote attacks on NYC Department of Education Administrators, despite the fact that he was charged with 38 disciplinary charges and found guilty of 11 of the most serious, including internet misconduct, harassment of personnel, and the girlfriend of the UFT Chapter leader, and videotaping a student without permission. In 2011 the Arbitrator, Delice Busto, did not terminate him but warned him to stop his harassment and abuse of co-workers. He did the exact opposite.

My lack of confidence in Bryan Glass is many years in the making. In 2015, Francesco Portelos and Lydia Howrilka created a video wherein Jim Callaghan, a very disliked former reporter at NY Teacher, speaks about his hatred for the UFT and his former boss, Randi Weingarten. Jim spoke about how Randi believed I was a homophobe but hired me anyway to work on the rubber rooms as part of the UFT SWAT TEAM with him and Ron Isaac. This lie was promoted to make me look bad after discovering that Francesco’s new website “ANOI” and his threats to principals posted online in 2015 was getting his UFT Solidarity members noticed at the NYC DOE, charged, and fired.

You can see my opinion about the wreckage UFT Solidarity and Francesco have done here:

 Editorial: Is Francesco Portelos a Danger to Tenure Law? by Betsy Combier

I posted his 3020-a decision by Felice Busto in that post, but here is the Busto decision in full, sent to me by Francesco Portelos:

Portelos, Franceso advs. New York City Board of Education 

Almost as soon as Francesco received the decision he started UFT Solidarity, to get other people to do what he wanted to do, but couldn't. Let them get in trouble. Lydia Howrilka is just one example. See the Department’s lawsuit against Ms. Howrilka, using Francesco’s ANOI website as evidence of defamation of the Principal who terminated Howrilka in Jue 2013. counter-lawsuit

Jim made my life at the UFT very hard, by everyday emails taunting me, belittling me, and creating a bad place for himself. The UFT did not like him, so Jeff Zahler, former staff Director before Leroy Barr, told me to ignore him. So, I did or tried to. Since that video, which I told Francesco was a lie, Francesco has lied about me, just like he posts defamatory stuff about principals.  Bryan Glass supports Francesco Portelos, defended him in his losing  Federal Court case against IS 49 and the Department of Education, and called me a snake oil salesman, hoping that I would be squashed into silence.

Yet members of UFT Solidarity continue to follow them.

In 2017, I read that Bryan Glass filed a class-action lawsuit for age discrimination on behalf of ATRs (Absent Teacher Reserve). Francesco Portelos posted the Complaint “How 30 ATRs Are Fighting for Over 100,000 on his website and added that he was joining the lawsuit too.

I am not an attorney, as everyone knows. But I don’t believe that a class action can be filed at the Division of Human Rights. Also, Francesco was only 39 years old in 2017, I believe. He had no grounds to be in an age discrimination lawsuit.

So, I filed a Combier FOIL 30-Day letter for the paperwork. The response to me was startling: Bryan Glass never filed this Complaint. I Appealed, thinking that this must be a mistake. Combier FOIL Response. I also received a call from the Human Rights FOIL officer, who told me there was no Complaint filed for ATRs, and she did not care what was written on any websites or blogs. In December 2019 I received all the closed cases at DHR with Bryan Glass as the Attorney, 2016-June 2019, plus:

DHR Complaints 2016-2019

I then sent Bryan an email asking for any information, and he never responded:

“Dear Bryan,

I am sending this second email to add to my request sent yesterday (see below):

I want to inform you that I filed a FOIL request for your Complaint as well as the outcome, and the Division of Human Rights told me that the Complaint was never received. Is this true? If not, please send me the information no later than January 16, 2020. If it is true, did you return any money to the complainants who paid you to file their lawsuit?

Thank you for your attention and cooperation,

Betsy Combier, betsy.combier@gmail.com”

January 11, 2020:

“Dear Bryan,

I am writing an article on your DHR Complaint as publicized in the post below:

How 30 ATRs Are Fighting for Over 100,000 NYCDOE Employees

Please give me your stamped filed Complaint and the decision made by the NYS Division of Human Rights by Thursday, January 16, 2020. I will post my article on Friday, January 17, 2020.

Thank you, I very much appreciate your information and cooperation.”

He did not respond, so I decided to contact Reporter Crystal Lewis at The Chief Leader, who wrote the article praising Bryan and Francesco: ATR Instructors Claim Age, Pay Led to Bias. I asked Ms. Lewis if she had seen the filed lawsuit. She told me no. Then I asked her if she knew if it had been filed, and she told me she believed that it had, as Francesco Portelos had posted on his website the Complaint, and she had interviewed him. I asked her to call Bryan Glass and ask him whether a class action had been actually filed, and she told me that she would do that, and get back to me.

Several days later Ms. Lewis told me that ‘someone in Mr. Glass’ office’ told her that no class action was filed, but 29 individual complaints had been filed. I thanked her.

The information given to Ms. Lewis by "someone in Bryan Glass' office"  was false, according to the Division of Human Rights. But Ms. Lewis wrote her article anyway, without checking the facts.

Betsy Combier

betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog

Friday, October 2, 2020

Coronavirus Cases Close The John F. Kennedy Jr School in Elmhurst Queens

How many more schools Will Close Before The City Goes Full Remote For Everyone?

Students at St. Francis Preparatory School test positive for COVID-19

Betsy Combier
betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog

Coronavirus News: Queens school is 1st in NYC to shut down over COVID cases

WABCTV- COVID-19 News and Information

ELMHURST, Queens (WABC) -- A school in Queens will be closed for two weeks after two staff members tested positive for COVID-19, becoming the first school in New York City to close due to a potential outbreak.

The John F. Kennedy Jr School in Elmhurst will remain closed through October 13, according to a letter sent home to families on Wednesday.


"As always, the health and safety of our students and staff, and everyone in the DOE family across the city, is our top priority," the letter read. "As you know, our school building was closed for an initial 24 hours because two or more members of our school community tested positive for COVID-19. Today, we are writing to update you that the NYC Test + Trace Corps and the NYC Department of Health and Mental Hygiene have determined that at this time the main site building must remain closed for 14 days."

The Department of Education said the staff members were in different classrooms and are not linked. The incident meets the protocols of a 14-day switch to remote learning, which is what occurred.

Related: 1st day of in-person learning for NYC middle and high schoolers

All teaching and learning will continue remotely, and officials hope to reopen the building on Wednesday, October 14.

"It has 262 students in their blended learning program and 88 staff so that school as of today is shut down for two weeks," Mayor Bill de Blasio said. "That's the only one the entire time that has experienced that."

Anyone with a positive COVID-19 test will not return to the school until they are no longer infectious.

Close contacts of the persons who tested positive have been notified and will continue their 14-day quarantine period.

"If the safety comes first, there might be times when the school community has to flip the switch and go remote," United Federation of Teachers president Michael Mulgrew said, "We are not closing our schools. Are we live or are we remote? Those are the two new things that schools operate under."

Related: 10 NYC neighborhoods with COVID-19 positivity rates above 3%

If additional close contacts are identified, they will also be instructed to quarantine for 14 days.


Families are reminded to stay home if you feel sick, monitor your and your child's health, wear a mask and practice social distancing.

"Kids will get instruction remotely, then the school will be back up," de Blasio said. "Everyone who was quarantined will come right back, and will continue with the rest of the school year."

Thursday, October 1, 2020

P.S. 128 Parents Protest Lack of Live Streaming For Students In Blended Learning


Parents at PS 128 and throughout the New York City school district are furious with the fake news coming from the Department of Education.

Here is a quote from an anonymous parent in the QNS.com article posted today: 

"...we don’t know why they aren’t able to do a live stream of the in-person classes for the students in blended learning..."

Chancellor, or Mayor, what's the answer?

Betsy Combier
betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog

Middle Village parents protest outside of P.S. 128 over lack of live instruction for blended learning students

By , QNS, October 1, 2020

Approximately three dozen parents and kids gathered outside of P.S./I.S. 128 in Middle Village on Thursday, Oct. 1, to demand the school give students the live instruction they were promised with the blended learning model.

Parents of the K-8 public school, located at 69-10 65th Drive, who enrolled their children in blended learning said they’ve gone days without teachers giving virtual classes — and they’ve had enough.

“The issue is that we don’t know why they aren’t able to do a live stream of the in-person classes for the students in blended learning,” said one parent who asked to remain anonymous.

Some parents told QNS that with the blended model, their children have in-person schooling once or twice a week and the rest of the week they are completing assignments with minimal to no teacher-student virtual interaction.

They worry their kids aren’t getting the education they deserve.

“My child’s a sixth-grader, preparing for high school … there are other parents who have-eighth graders with the same situation. How are they being graded? When it comes time to apply to high school, do they just give up?” the parent said. “Nothing is shared with us.”

Some of the parents at the protest questioned why P.S. 128 was having the issue, saying they haven’t heard of other nearby schools going through the same situation.

P.S. 128, which has 900 students and served as an REC this summer, has a stellar reputation in the surrounding community. But during the height of the COVID-19 pandemic and the closure of schools in March, some parents said their children weren’t receiving live instruction then either.

During the hour-long protest, parents and kids gathered on the side of the school to talk about their concerns. Several school safety officers and an NYPD van were standing by.

A few minutes into the protest, a parent coordinator came out to speak with the group of parents.

“We have people here that are listening. You have to be patient,” they said, before leaving promptly.

The protest was organized by a concerned parent, who asked to remain anonymous, with a post that quickly gained traction on local Facebook groups.

Shortly after the post made the rounds on social media, parents received a letter from the school’s administration that afternoon saying they are working to remedy the concerns.

But parents said they’re only getting answers because of the protest, that there has been minimal communication from the school and that even the models they were presented with — blended, remote and in-person — weren’t clearly described to them.

“Why didn’t they organize this better? Be truthful to the parents,” one parent, who is an essential worker and asked to remain anonymous, told QNS. “If you decided blended, the rest of the week your child would not have a live instruction. Explain it first, then we could have organized this differently. I had no idea … My son is calling me, home alone, waiting for my 84-year-old mother to come — she has to take two buses to get over here and she doesn’t know how to work the computer.”



The parent, who had their child at the REC at P.S. 128 during the summer, said that if they knew remote learning would mean five days of live instruction, they would have opted for that instead. But childcare during their work day remained a concern.

This week, the Department of Education reported that 48 percent of public school students opted for fully remote learning this fall.

John Pastor, who has a seventh-grader at P.S. 128 doing remote learning, said the school’s principal, Camillo Turriciano, “needs to do a better job.”

“The principal has to voice our concerns to the Board of Ed, he is our liaison, not the teachers. The teachers are our liaisons in learning,” Pastor said. “If the principal comes to me and says, ‘Look John, I went to the Board of Ed and they said no,’ guess what we’re going to do? We’re going to go to the Board of Ed, but he doesn’t tell us anything.”

Pastor and a group of parents will be sending a letter to the city and meeting with local Councilman Robert Holden this week.

Jonathan Kingston, who has two children at P.S. 128 doing blended learning, believes the issue stems from the DOE and UFT.

“I think the fish stinks from the head,” said Kingston. “I don’t think it’s appropriate, the way they’re going about this. This notion that we can jump between a live teacher some days and then some different teacher remotely sending instructions different days. There’s no reason why they can’t live stream the actual class with the same teacher, same day, and have it be seamless.”

Kingston added that while he understands that the argument that schools need more funding, he asks if the DOE is appropriately using the resources they currently have.

“More funding is not always the answer,” he said. “If you’re going to now have one teacher doing the job of what one teacher can and should do, then I would respectfully submit that more funding is not the way to go. I think the teachers union might do a great job of looking out for teachers, [but] I think that the interest of the students always should supersede the concerns of the teachers union.”

The Community Education Council for District 24 sent an email Thursday morning to encourage parents to complete a survey about their concerns and join their Parent To Parent Zoom meeting taking place next week. A date has not yet been announced.

DOE spokesperson Danielle Filson said they are working on ramping up live instruction for blended learners.

“We appreciate everyone’s flexibility and patience at the start of this unprecedented school year and our goal is to have in-person instruction for our blended students on their in-person days, and to ramp up live instruction for blended learners on their remote days,” Filson said. “P.S. 128 was excited to welcome the school community back this week and is offering students rich courses using both in-person and remote methods. The Executive Superintendent and Superintendent are working closely with the principal to add additional staff as quickly as possible.”

Sunday, September 27, 2020

Principals' Union CSA Votes No Confidence in Mayor de Blasio and Chancellor Carranza

 

                                                     NYC Mayor Bill de Blasio

NYC Principals' union declares ‘no confidence’ vote for de Blasio

Fox 5 NY September 27, 2020

The union representing over 6,400 of New York City’s school leaders announced Sunday that they had declared a unanimous vote of “No Confidence” in Mayor Bill de Blasio and Schools Chancellor Richard Carranza over their “failure to lead New York City through the safe and successful reopening of schools.”

The Executive Board of the Council of School Supervisors & Administrators made the announcement Sunday, calling on de Blasio to cede mayoral control of the Department of Education for the remainder of the coronavirus pandemic and for de Blasio and Chancellor Carranza to see the immediate intervention of the New York State Education Department.

“School leaders want school buildings reopened and have been tirelessly planning to welcome back students since the end of last school year,” said CSA President Mark Cannizzaro. “They must now look staff, parents, and children in the eye and say that they have done all they can to provide a safe and quality educational experience, but given the limited resources provided them, this is becoming increasingly difficult. During this health crisis, school leaders have lost trust and faith in Mayor de Blasio and Chancellor Carranza to support them in their immense efforts and provide them with the guidance and staffing they need. Quite simply, we believe the City and DOE need help from the State Education Department, and we hope that the mayor soon realizes why this is necessary.”

The road to reopening New York City's schools has been a bumpy one so far. On Saturday, Tottenville High School, one of the largest high schools in the city, announced that it will be beginning the 2020-21 school year with all-remote learning.

Saturday, September 26, 2020

New Deal Between the DOE asnd UFT: If You Can Teach Remotely, Stay Home

 

                            UFT President Michael Mulgrew and NYC Mayor Bill de Blasio

Wow. It's not often we see the NYC Department of Education/Mayor Educational Complex reverse their crazy policies so quickly, if at all, but late friday this happened. Sort of.

Now, teachers who were told to go into their school and teach remotely their students (HUH?") can teach remotely without going in to their school. 

Amazing. Someone might be thinking over there.

In another week or two, we will see 100% total remote. That's the only way to have everyone safe.

Betsy Combier
betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog

New deal with DOE lets UFT teachers work from home if not needed on-site

Selim Algar, NY POST, September 25, 2020

The Department of Education will now allow many more teachers to work from home this upcoming school year as part of a new deal with their union, officials said late Friday.

Previously, any teacher who was not a given a specific coronavirus exemption was required to be present in school each day — even when teaching remote classes without kids present.

But the United Federation of Teachers pushed back on that in recent weeks and ultimately won the major concession.

“The DOE will be instructing principals that all UFT-represented employees in all job titles who have no on-site duties or responsibilities have the option to work remotely,” the union said in a letter to members Friday.

The DOE had already given roughly 16,000 teachers – or 21 percent of the citywide total – coronavirus medical exemptions that will allow them to work from home this year.

“Supervisors may require UFT employees to remain on-site on an as-needed basis only,” read the UFT missive.

The union said the allowances will “keep us safer and reduce the traffic on overextended Wi-Fi networks” within schools, according to the letter.

Teachers who are primary caregivers and have medically vulnerable family members at home will be given priority for the expanded pool of remote-only slots.

n addition, all parent-teacher conferences — normally held face-to-face on school grounds — will be conducted remotely this year, the union said.

The deal will also bar principals from compelling teachers to live stream their on-site classes to kids learning remotely.

Facing heavy union opposition, Mayor de Blasio has been pushing for a partial reopening of city schools, arguing that kids needed to resume that aspect of their former lives — even if in a limited fashion.

DeBlasio has also asserted that remote learning is inherently inferior to classroom instruction and that prolonged absence from school will deepen learning deficits.

But teacher groups vigorously resisted a return to classrooms, arguing that conditions are still too risky and that DOE preparations have been inadequate.

Some UFT factions have charged the DOE with failing to provide proper protective gear or offering reliable COVID-19 testing procedures.

About 100 DOE employees died from COVID-19 last year, the agency reported.

In parrying union objections, De Blasio has recently highlighted that only 0.3 percent of roughly 17,000 city teachers who have taken coronavirus tests have come up positive.

Roughly 540,000 city kids are expected to begin a hybrid learning model this next week that will have them alternate between home and building instruction.

bout 460,000 have opted for a remote-only format.

Parents who chose the blended model expressed surprise and dismay last week when the DOE revealed that there was no guarantee that their remote classes would even be led, in real-time, by a teacher guiding them online.

With school populations split up to enable social distancing, the number of classes in most schools has multiplied.

That in turn has created staffing shortages across the city that the DOE has been scrambling to fill in recent weeks.

“These common-sense policies will help keep our school communities safe while enabling you to do your work,” UFT chief Michael Mulgrew told members Friday of the new concession.

                                     NYC Chancellor Richard Carranza [photo: Paul Martinka]

Principals blast Carranza’s ‘failed leadership’ in last-minute deal with teachers

Selim Algar and Susan Edelman, NY POST, September 26, 2020

The city principals’ union is blasting Chancellor Richard Carranza’s “failed leadership” for inking a new last-minute agreement to let many more teachers work from home.

But it means that principals will now have to redo their schools’ schedules yet again — days before in-person classes for students in K to 12 are set to begin next week.

“It causes more revisions at the 11th hour,” a Brooklyn principal told The Post. “This is a programming cluster–k.”

Under the last-minute deal, supervisors may require teachers to remain on-site “on an as-needed basis only.”

The DOE has already granted 16,025 teachers — 21% of the citywide total — coronavirus medical exemptions that will allow them to work from home.

Previously, any teacher without an exemption was required to be in school each day — even when teaching remote classes to kids learning from home. The policy has been challenged in court.

But the United Federation of Teachers argued against the rule, and finally won the concession.

The Council of Supervisors and Administrators, which represents principals, issued a blistering statement on Saturday, complaining they were left out of the loop.

“The Chancellor and his team have once again demonstrated a complete lack of respect for school leaders as we still wait for the DOE to release information regarding the new memorandum they signed just before close of business yesterday, an agreement the press has already reported on,” the CSA said.

“It astounds us that they seemingly had no plans to notify and debrief principals, who must now somehow find a way to implement their new agreement, before it was distributed widely.”

The statement concludes: “CSA will now be calling for an emergency executive board meeting, and we will share more on our public response to the DOE’s failed leadership as soon as we are able.”

David Bloomfield a Brooklyn College and CUNY grad center education professor, said the CSA statement conveys a crisis:

“Principals are now in open revolt, teachers confused, and parents at wits end over the constant policy shifts that make attention to learning almost impossible,” he told The Post. “Poor planning, a mayor and chancellor disconnected from the field, and flawed messaging make unsubstantiated rumors of Carranza’s resignation and all-remote instruction for grades 6-12 sound more and more plausible — and maybe a relief.”

City Councilman Mark Treyger, education committee chair, tweeted a text he received from a principal: “I can’t do this anymore. I’m not OK. I can’t look my community in the eye and tell them with a straight face that we’re OK. I want to quit.”

Also Saturday, a “heartbroken” Gina Battista, the principal of Tottenville HS on Staten Island sent a letter to families announcing her decision to start the new year all remotely — giving up on Mayor de Blasio’s plan to give in-school instruction to students one to three days a week.

“Tottenville HS would need an excess of additional teachers that is just not presently available,” Battista wrote. However, all students will get live instruction online, she added.

The DOE did not immediately respond to a request for comment.