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Saturday, May 9, 2009

New Chancellor of NYSED Suggests That Statewide Reading Scores Are Not Valid

Scores 2009: NY DAily News
LINK

City kids make major gains on state English test scores for grades 3 through 8
BY Ben Lesser, Rachel Monahan and Meredith Kolodner
DAILY NEWS STAFF WRITERS, Friday, May 8th 2009, 7:41 AM

Just weeks before Albany decides if the mayor can keep control of the schools, officials announced Thursday that more and more city students passed the state reading test.

"I don't think there's any doubt; by every measure, mayoral control is better serving the interests of the children of New York," Chancellor Joel Klein said.

"If you had told me that this was going to happen, I would have said when are we going to celebrate?"

The percentage of students passing the exam soared to 68.8% from 57.6% last year.

In all, 68.9% of fourth-graders passed the exam, up from 46.5% in 2002, and 57% of eighth-graders passed, up from 29.5% in 2002, when the mayor took office.

The most dramatic increase was with sixth-graders: 72.6% passed this year, a 19.9 percentage point gain from last year.

Klein said the emphasis on middle schools had paid off.

"What they've done ... is nothing short of amazing and exactly what this country needs," Mayor Bloomberg said.

He cited efforts to hold principals, teachers, students and parents accountable through progress reports, the end of social promotion and performance incentives for teachers.

"We've improved the test scores for New York City students compared to New York State," he added.

"We've improved the test scores for minorities, black and Latino kids compared to white and Asian kids who have always tested better.

"Seven years in a row of closing the outrageous ethnic gap in testing. ... Good news."

The city's black and Latino students passed the exams in greater numbers - with 62% of Latino and 62.9% of black students passing.

Though white students, with 84.8% passing, still outpaced their peers, the achievement gap fell by 4.3% for black students and by 5.5% for Latino students.

English language learners also improved relative to their English-speaking peers. They were up 12.2% over last year.

Special education students posted a 19.9% increase.

Critics of mayoral control said the results are misleading - and don't prove mayoral control is working.

"New York City is in the middle of the pack," said Billy Easton of the Campaign for Better Schools.

"That means that the argument that mayoral control is the cause of the gain just doesn't hold up to the scrutiny of the facts."

He pointed to other increases that matched the city's 11% jump, including about 12% in Buffalo and about 10% in Syracuse and Yonkers.

Board of Regents Chancellor Merryl Tisch pointed to an influx of resources, wider access to prekindergarten, a more unified curriculum and improved professional development for scores rising statewide.

The number of city children enrolled in pre-K grew to 54,038 from 45,589 in 2005, an increase of almost 8,500 children, city figures show.

Per pupil spending was about $11,640 in 2003 and rose to $16,236 in 2007, the most updated figure available from the city Education Department.

"The headline from me should be a four-year story," Tisch said, asking parents to look at long-term trends.

She noted that over the last four years, New York City and Rochester improved their scores by 18%, Syracuse by 19% and Buffalo by 24%.

Testing experts said the state's reasons made sense, but that more was likely at work.

"One of them is a huge increase in test preparation," said former testing chief for the city and NYU professor Robert Tobias. "It's kind of like how you get to Carnegie Hall - practice, practice, practice."

mkolodner@nydailynews.com


Above: Michael Bloomberg (with Joel Klein at far right) at the White House on May 7, 2009

Statewide reading scores for grades 3-8 are out, and students did well. This is good news to Mike Bloomberg and his sidekick Joel Klein, who desperately need nothing "bad" to come out in the press about their education policies. Bloomberg wants a third term as "the education mayor", and Joel Klein is in the position as the alleged "chancellor" to make sure that this happens.

Well, it seems that teachers throughout the state are saying the tests were easier this year. Merryl Tisch, New York State Education Department Chancellor, (pictured below) evidently agrees. I have spoken with teachers in schools of every borough and they all say that the statewide tests are nothing more than public relations plugs.



May 8, 2009
More New York Students Meet State Standards in English
By JENNIFER MEDINA, New York Times

The number of elementary and middle school students meeting standards in English rose sharply in New York City and across the state, according to test results released on Thursday by the State Education Department. But the scores used to determine who has met the standards showed much smaller gains, with signs that many students continued to struggle.

In New York City, 69 percent of students from Grades 3 through 8 met state standards, meaning they reached Levels 3 or 4 on the test. Last year, 58 percent met state standards in the city. Statewide, 82 percent of students reached Levels 3 or 4, up from 74 percent.

Test scores rose more modestly. In New York City, the average was 662, up 7 points from the year before.

This year’s test scores are more crucial than ever to Mayor Michael R. Bloomberg, who has staked his reputation on improving the city’s schools and is seeking a third term in office. He also is pressing state legislators to renew the 2002 law that gave him control over the city schools; the law expires on June 30.

The mayor, speaking to reporters in Washington, pointed to the gains as the latest evidence of his success, saying, “It is nothing but good news.”

But the raw numbers behind the news also drew scrutiny, both because they show more modest progress and because skeptics wonder whether the tests are becoming easier to pass.

“We’ve learned that statistics can both sometimes illuminate successes, but also sometimes obscure the facts,” said Merryl H. Tisch, the newly elected chancellor of the State Education Department. “Focusing on only those who are meeting state standards hides important data.”

The actual test scores and the percentage of students meeting standards can tell very different stories because it takes only a few correct answers to cross the line between Level 2, which is considered failing, and Level 3. For example, in the eighth grade, 57 percent of students met standards in New York City, compared with 43 percent last year. The actual scores show a different picture, with the average rising to 653 out of 790, up just 6 points from 647 last year.

Ms. Tisch said that while the improvements were moderate, “you cannot look at this data and not see trends of progress.”

The mayor and the city’s schools chancellor, Joel I. Klein, have said that their success should be judged on the numbers, and the results released on Thursday could raise questions from state lawmakers about how effective their policies have been. While the scores show moderate and steady gains, they suggest more subtle improvements than those that the administration has trumpeted over the last several years.

New York City students performed better than students in the other four big cities in New York, with more students meeting state standards and earning higher mean scores. But students in three of those cities, Buffalo, Rochester and Syracuse, have shown larger improvements on the average scores since 2006, when the state began annual testing of students in the third through eighth grades.

There are other signs of progress. This year’s sixth graders, who were in kindergarten when Mr. Bloomberg took over the school system, have posted roughly the same scores on the test over the last four years, gaining just one point from last year to this year. Yet compared with other years, when student scores typically dropped between the fifth and sixth grades, it was a sign of improvement.

The percentage of students scoring at the lowest level on the state test has also dropped significantly in the last four years, to just under 3 percent in 2009, from 11 percent in 2006.

In past years, the release of scores was typically met with jubilant news conferences in the city, but on Thursday, Mr. Klein and Mr. Bloomberg were in Washington, where the mayor met with President Obama to discuss school reforms.

“This is confirmatory of the fact that results continue to grow and increase,” Mr. Klein said in a telephone interview while he was on his way back from Washington. “I think we have multiple data points now that show that we are making that progress.”

Mr. Klein said he still defined success much as he did when he began — to bring the performance of city students up to the statewide average. Over all, the state average score was 668, six points higher than in the city.

He said he was particularly proud of gains made at the middle school level, where students have often stagnated.

The test is given to public school students in the third through eighth grades. Math scores are expected to be released later this spring.

Several lawmakers and critics have said they were suspicious of gains in the state tests, compared with results on the National Assessment of Educational Progress test, which showed few signs of progress for New York City students in 2007, the most recent year for which results were available. City officials dismissed that criticism on Thursday, saying that the national assessment results for 2009, which will be released in the fall, could show a different picture.

“Nothing is clear here,” said Michael Petrilli, vice president at the Thomas B. Fordham Institute in Washington. “You can spin these results however you want.”

Ms. Tisch suggested that New York and other states should adopt a single standard so that scores and proficiency levels could be compared. She raised questions about the difficulty of the state’s tests. “As a board, we will ask whether the test is getting harder or easier,” she said.

The Daily Howler
FRIDAY, MAY 8, 2009
LINK

Oversight styles of the rich and famous: Good grief. In New York State and New York City, passing rates improved this year on statewide reading tests. Jennifer Medina reports the new scores in this morning’s New York Times. Medina introduces a helpful new way of reviewing such scores, although she does make a series of technical flubs in the process. But we were stunned by the way her report ended—specifically, by a statement Medina attributes to Merryl Tisch, the “newly elected chancellor of the State Education Department.”

To her credit, Medina had already focused on a key question: Is there any chance that these statewide tests have gotten easier over the years? (For ourselves, we have no way to know. But the question is stunningly basic.) This basic question is even raised in her report’s sub-headline: “Welcome news, but skeptics wonder if the tests have become easier.” We give Medina big props for that. But at the end of Medina’s report, Tisch’s quote is a stunner:

MEDINA (5/8/09): The test is given to public school students in the third through eighth grades. Math scores are expected to be released later this spring.

Several lawmakers and critics have said they were suspicious of gains in the state tests, compared with results on the National Assessment of Educational Progress test, which showed few signs of progress for New York City students in 2007, the most recent year for which results were available. City officials dismissed that criticism on Thursday, saying that the national assessment results for 2009, which will be released in the fall, could show a different picture.

Ms. Tisch suggested that New York and other states should adopt a single standard so that scores and proficiency levels could be compared. She raised questions about the difficulty of the state’s tests. “As a board, we will ask whether the test is getting harder or easier,” she said.

Let’s be fair to Tisch. She’s new to her post as head of the Board of Regents—although she’s served as a member of the board since 1996. And we don’t have a full transcript of what she said. We just have Medina’s quote-and-paraphrase.

That said, Tisch’s statement is quite remarkable.

“As a board, we will ask whether the test is getting harder or easier?” What has the board been doing for the past thirteen years? To state the blindingly obvious, the question Tisch raises is well beyond basic; it makes no sense to compare test scores from one year to the next unless we know that the tests in question have remained equally difficult. And in New York City, this question was specifically raised by skeptical teachers at least as far back as 2005 (see THE DAILY HOWLER, 10/6/05). But good God! Four years later, Lady Tisch is quoted saying, somewhat airily, that the Board of Regents will now check this out. What on earth has the board been doing up until now?

Again, let’s be fair: All we have is the quote Medina presented; Tisch’s full statement may make fuller sense. Then too, why wouldn’t Medina see the oddness of the statement she recorded? As we’ve noted in the past: State education departments should be able to demonstrate that this year’s test is as hard as last year’s. If tests of this type have been competently devised, this shouldn’t be a matter of guesswork. State departments should have technical manuals which show the new tests are equally hard. For some time, we’ve noted that reporters at newspapers like the Times should be insisting on this.

But the New York Times hasn’t insisted. And now, years later, we’re airily told that the board will look into the matter!

In education, as in other fields, the screaming incompetence of oversight boards can be a thing to behold. A few years back, the state board in Virginia stared off into space while a deeply ludicrous test-score scam was perpetrated on the public. One member of the nine-member board was a major “educational expert”—we didn’t know until years later—but no one said boo about the scam until the HOWLER came along, heroically busting the matter wide open (see THE DAILY HOWLER, 3/23/06). Now, Lady Tisch has apparently declared, at least four years after the question went public, that New York’s board will engage in a type of oversight that should have been done from the start.

But so it may go when oversight boards are composed of the rich and connected.

Who the heck is Merryl Tisch? By all accounts, she’s a very fine person. And she may turn out to be a great chancellor. But what follows is part of a New York Times profile written when Tisch ascended to head of the board. Lisa Foderaro described Tisch’s vast wealth and social connection—then quoted a strange assessment of Tisch’s remarkable status:

FODERARO (4/4/09): Dr. Tisch's ability to press her agenda...is strengthened not only by her ascent to chief regent but also by her rank in New York's ruling class as the wife of James S. Tisch, the chief executive of the Loews Corporation, a conglomerate that includes hotels, insurance and oil-drilling operations.

She has enjoyed a decades-long friendship with her Upper East Side neighbor Mayor Michael R. Bloomberg. She has celebrated Passover Seders with Schools Chancellor Joel I. Klein. She counts among her closest friends Iris Weinshall, the wife of Senator Charles E. Schumer.

''One thing about Merryl—she's not afraid to say what she thinks,'' said Seymour Fliegel, president of the Center for Educational Innovation-Public Education Association, a nonprofit organization. ''That goes for the mayor and chancellor and so on. People who have a lot of money tend to be more independent than people who don't have a lot of money, and the Tisches have a lot of money.”

In fact, the Tisches are enormously wealthy (link below)—not that there’s anything wrong with it! But what an amazing presentation we get in that Times profile! Foderaro frankly describes Tisch as part of “New York’s ruling class”—close friends, for example, with Bloomberg and Klein, people whom the Board of Regents is supposed to be overseeing. Most amazingly, we then see these apparent conflicts turned directly on their head. According to Fliegel, the fact that Tisch is vastly wealthy and vastly connected means she’s just that much more likely to tattle-tale on her close friends! Let’s just say that Fliegel’s a man who knows how to see things half full.

At any rate: After thirteen years on the Board of Regents, Lady Tisch has now decided to find out if the sky is blue—or at least, she says she’s planning to do that. In a culture which turns on wealth/fame/connection, it can be quite an “education” to see the way oversight works.

More on Medina’s report at a later date. She does introduce a helpful new type of analysis, while making some flubs in the process. Meanwhile: For a tangier account of Tisch’s “fabulously wealthy family,” you know what to do: Click here. Oversight styles can really be grand among the rich and famous.

Can anyone play this ball game: As you may recall, Joel Klein seemed to say, in a recent letter, that he doesn’t know if the tests have gotten easier! (See THE DAILY HOWLER, 4/25/09.) Does anyone in the whole state of New York know how this ball game is played? So it goes when fellers like Klein get oversight from their good friends.

April 5, 2009
Advancing Education, Through Work Ethic and Connections
By LISA W. FODERARO, NY TIMES


Merryl Tisch, left, with Rebecca H. Cort, a deputy commissioner of the Education Department.

Speaking to a group of Catholic educators in a conference room high above First Avenue, Merryl H. Tisch interrupted a dry barrage of bureaucratic references to attendance mandates and Title 2A with a seeming non sequitur.

“When my refrigerator is broken, I don’t call the service department,” said Dr. Tisch, the newly elected chancellor of the New York State Board of Regents and, by marriage, part of one of New York’s wealthiest families. “I call the head of G.E.”

Dr. Tisch, who tends to lower her voice just as she is making an important point, urged her audience to enlist the soon-to-be head of the Archdiocese of New York, Timothy M. Dolan, to make the case in Albany for religious education. She said that she happened to watch the announcement of Mr. Dolan’s appointment, which was televised live from the Vatican at 3 a.m., and was impressed by his style. “Lay it on the line,” she advised.

That moment amid the blueberry muffins and tepid coffee spoke volumes about a woman whose political savvy, work ethic and careful use of connections in furthering the cause of education are legend. It had the added fillip that as a member of the powerful Tisch clan — whose philanthropic fingerprints are everywhere in New York — she was, quite possibly, serious about phoning the head of General Electric about a balky fridge.

Dr. Tisch, 53, assumes the helm of the Board of Regents at a critical moment, as the Obama administration brings a new philosophy toward public education and the stimulus package yields new sources of revenue. In coming months, the board will hire a new commissioner of the state’s 3,200-employee Education Department, a selection that could influence education policy for years.

The 16-member board, on which she has served since 1996, is little known but powerful, overseeing all education activities in the state, from museums, libraries and professional licensing to all colleges and some 700 public school districts. Several people suggested in interviews that the board would have a higher profile under Dr. Tisch’s tenure, both as a bully pulpit and by exerting its significant regulatory authority.

Dr. Tisch’s ability to press her agenda — closing the achievement gap among demographic groups, bolstering career and technical education, and giving equal access to disabled students are among the priorities — is strengthened not only by her ascent to chief regent but also by her rank in New York’s ruling class as the wife of James S. Tisch, the chief executive of the Loews Corporation, a conglomerate that includes hotels, insurance and oil-drilling operations.

She has enjoyed a decades-long friendship with her Upper East Side neighbor Mayor Michael R. Bloomberg. She has celebrated Passover Seders with Schools Chancellor Joel I. Klein. She counts among her closest friends Iris Weinshall, the wife of Senator Charles E. Schumer.

And she and her husband recently pledged $40 million to Mount Sinai Medical Center for a cancer institute, which will join gifts donated by their relatives at New York University, the 92nd Street Y, the Central Park Zoo and the Metropolitan Museum of Art.

“One thing about Merryl — she’s not afraid to say what she thinks,” said Seymour Fliegel, president of the Center for Educational Innovation-Public Education Association, a nonprofit organization. “That goes for the mayor and chancellor and so on. People who have a lot of money tend to be more independent than people who don’t have a lot of money, and the Tisches have a lot of money.”

Dr. Tisch said she is honored to be part of the Tisch family and that she wakes up every morning — usually at 5 a.m., to hop on the treadmill — asking, “Are you sure, God, that you didn’t make a mistake in choosing me?” But she also said she had spent the better part of her adult life cultivating, as she put it, “the Merryl part of my name.”

She grew up on the Lower East Side, the daughter of a Hebrew school principal and a Reform rabbi who, at 82, still comes to the Tisches’ East 79th Street apartment at 6 a.m. daily for breakfast, then drives Mr. Tisch to his office. She married at age 20, four years after being set up by Laurence A. Tisch, who became her father-in-law and who died in 2003. Besides being a billionaire, he was, Dr. Tisch said, a lifelong “matchmaker — without shame.”

As she tells it, the date was supposed to be with Thomas Tisch, her husband’s younger brother, but when Thomas came to her home, he took one look at her and abruptly changed his mind. Dr. Tisch said this brother-in-law “is very precious to me,” explaining that she was overweight at the time and “very studious.” So the elder Mr. Tisch offered $50 to James, who was a freshman at Cornell University, saying, “I promised this girl a date.”

“We grew up in totally different worlds, but we have similar values,” she said of her husband, 56. “The importance of family, education, hard work.”

In an interview at the Post House, an upscale seafood spot on the Upper East Side, Dr. Tisch related one of her favorite stories: She and her mother arrived at a luncheonette they frequented to find an otherwise stalwart panhandler asleep on the sidewalk. “My mother nudged him and said, ‘Tom, wake up. You’re supposed to be working,’ ” she recalled. “My parents are very productive people. They made everything possible.”

But while eager to talk about her modest roots, she can also be fiercely private. She refused, for example, to be interviewed at home or to discuss the 12,000-square-foot Fifth Avenue town house, with nine fireplaces and a gracious bow-front facade reminiscent of an Edith Wharton novel, that the Tisches acquired last fall and are renovating.

“After 25 years I said to Jimmy, ‘Gosh, I want to try something else,’ and he said, ‘Why don’t we try a house?’ ” Dr. Tisch said with characteristic understatement.

She has a weakness for fine shoes and scarves but wears no makeup, and she offers a steady stream of one-liners. Her highest praise seems to be that someone is a “hard worker.” That was her response in a recent meeting with Teach for America when someone referred to her daughter, Jessica Tisch, as a “genius.”

Ms. Tisch, 28, earned law and business degrees from Harvard in three years and works in the counterterrorism bureau of the New York City Police Department. She has two younger brothers, both of whom went to Brown University, where their uncle Thomas was on the board of trustees and in 2007 became chancellor. Sam Tisch, 24, works at Citigroup, while Ben, 26, works for Fortress Investment, a hedge fund.

Dr. Tisch went to Barnard College, then worked as a first-grade teacher in Jewish schools in Manhattan before earning a master’s degree in education from New York University and a doctorate from Teachers College.

“She is not someone who would assume that anything would be due her,” said her longtime friend Dr. Shonni J. Silverberg, an endocrinologist and a professor of medicine at Columbia University College of Physicians and Surgeons. “She decided that the way to further her involvement was to get to know as much as she could.”

Another friend, Linda Moser, recalled driving Dr. Tisch up to Albany when she was being considered for a spot on the Board of Regents. “I’m testing her in the car, and it’s snowing, and we were talking about which glasses she should wear,” she said.

Mr. Fliegel said, “She’s very knowledgeable, and you can’t snow her,” adding: “She knows the right questions. She knows what’s happening. She knows what buttons to press.”

Though she is friendly with the chancellor and the mayor, and a strong supporter of mayoral control of city schools, Dr. Tisch has occasionally criticized the Bloomberg administration. Last spring, for instance, she called Mr. Klein’s argument that Albany should loosen rules on how the city spends state aid “bogus,” saying “nobody appointed him czar” and suggested that the city fill any shortfall from the state, which is what ended up happening.

“She calls them as she sees them,” Mr. Klein said. “She doesn’t always agree with me, and I don’t always agree with her.”

The two communicate about work by e-mail or phone several times a month, he said, and socialize with their spouses. “We were at their daughter’s wedding,” he said. “I’ve been to their apartment for a couple of Passover Seders, and we go out to dinner.”

It is such social connections that make Dr. Tisch’s influence difficult to quantify.

“When she needs something, she’ll pick up the phone and call the mayor or governor,” Mr. Fliegel said. “Merryl is not reluctant to intercede if she thinks it’s the right cause.”

Randi Weingarten, president of the United Federation of Teachers, agreed, saying: “She has a passion for education and political street smarts that people have always underestimated because of her demure demeanor. Merryl knows a lot of people, and she uses her access judiciously, but she uses it.”

Ilene Lainer, who has a 12-year-old autistic son, said that Dr. Tisch’s persistence and knowledge of the system were crucial in persuading the state to approve a charter school geared toward children with moderate to severe autism, which opened in 2005.

“She was a huge supporter in a sea of doubters,” Ms. Lainer said. “I would call when we’d hit a wall or I’d e-mail her, and she’d tell us to go back and suggest names of people to talk to. She’d say, ‘Stand your ground.’ ”

Besides her unsalaried position on the Board of Regents, Dr. Tisch sits on the executive committees of a half-dozen groups, including the Washington Institute for Near East Policy, and is chairwoman of the Metropolitan Council on Jewish Poverty.

As president of the council from 1996 to 2001, she increased the number of families served by its food pantries to 7,000 a month, from 200, and handed out coats to the needy in Borough Park, Brooklyn.

“Merryl was right there on the front line,” said William E. Rapfogel, the council’s executive director. “She was asking these people what they had in mind — ‘What kind of coat would you like?’ — like they were customers at Saks Fifth Avenue instead of coming in for a free coat.”

Dr. Tisch said such volunteer work is a way to bridge her childhood experiences on the Lower East Side with her rarefied Fifth Avenue perch, something she believes will serve her well as chancellor. “Someone coming from where I started,” she said, “to where I am today, which was a long march, has a perspective that a lot of other people may not have.”

Test numbers too good to be true, hide achievement gap of poor students, some veteran educators say
JFriday, May 8th 2009, 5:45 AM
LINK

Too unbelievable to be true.

That's what some veteran educators say about the huge jump in public school reading scores state and city officials released Thursday.

In just one year, average scores for all New York City elementary pupils zoomed by an unheard of 11%.

Even more astonishing, fifth graders recorded a 20% increase.

All across the state, scores rose by an average of 9%, and even beleaguered Buffalo's schools matched the jump our city students registered.

"It's impossible that you would see this kind of change in just one year," said Martha Foote, an education researcher with Time Out From Testing, a group critical of high-stakes testing.

"After seven years of these improved test scores, how come the children we're getting in high school aren't reading any better and don't show any greater love of literature?" said a veteran secondary school principal who scoffed when she heard the results.

Today, we will be told that city charter schools - one of the most touted yet most controversial aspects of Mayor Bloomberg's educational reforms - showed even bigger gains in testing than regular public schools.

What the Bloomberg administration doesn't like to admit is how the approximately 100 charter schools created in recent years have steadily evolved into institutions that do not serve the poorest and most vulnerable students.

A review of 2007-2008 state report cards for the charter schools reveals that students who are still learning English rarely get admitted.

Those students comprise 14% of overall public school enrollment, but they are less than 4% of the charter school population.

Meanwhile, the poorest children in the school system, those who qualify for the federal government's free lunch program, made up 65% of the citywide school population last year, yet they were only 57% of charter school enrollment.

That gap becomes even more glaring when you realize that charter schools are concentrated in the city's poorest neighborhoods, Harlem, the South Bronx and central Brooklyn, where even higher numbers of students qualify for free lunch.

Then there's the disparity in special education enrollments. Last year, a review by city Controller Bill Thompson found less than 5% special education students in charter schools - far below the 15% citywide.

In other words, if you have language problems, if you're poor, or if you have special needs, you're far more likely to end up in the regular public school population than in a charter school.

"We've dealt with several cases of English Language Learners who couldn't get into charter schools, or if they were enrolled couldn't get the proper services," said Arlen Benjamin-Gomez of Advocates for Children.

In some cases, those children were wrongly classified by charter school administrators as special education pupils, she said.

"Charter schools need to do a better job attracting families who do not speak English in their homes," conceded Department of Education spokesperson Melody Meyer when asked about the problem.

To compare charter schools with such skewed demographics to regular public schools is a bogus apples-to-oranges comparison - and charter school advocates need to admit that.

As for the unprecedented rise in test scores, it couldn't have come at a better time for Bloomberg - just as he's running for reelection and weeks before the Legislature decides whether to extend mayoral control of the schools.

As skeptics have noted, the federal government's national assessment tests keep puncturing the claims of local officials that New York tests scores have been rapidly improving.

Results of the next national assessment won't be made public until November, so we won't know for sure until then.

But I learned a long time ago that when something looks too good to be true, it usually is.

jgonzalez@nydailynews.com

Diana Ravitch commented on this problem in 2007after state-wide tests looked too good in May, 2007:

Diane Ravitch
New York State Test Scores: Who to Believe?
National tests cast doubt on New York’s feel-good story.

28 September 2007
LINK

The release of national test scores in reading and math on September 25 was an embarrassment for the New York State Education Department. While scores nationally and in many individual states showed modest gains between 2005 and 2007, New York State did not. Only in fourth-grade math was there significant improvement.

The federally-sponsored National Assessment of Educational Progress (NAEP), which is known in the education world as the gold standard of testing, has been collecting test samples of students in the states since 1992. In the No Child Left Behind (NCLB) Act of 2002, Congress authorized NAEP testing in every state to serve as an external monitor of the states’ own claims about their progress. The states develop and administer their own tests, and Congress rightly worried about the possibility that states would dumb-down their tests to inflate the results.

The latest NAEP had very little good news for New York State. Only a few months ago, the state’s Education Department celebrated large test-score gains for eighth-grade students in both reading and math. In May and June, The New York Times ran front-page stories heralding major improvements in the state test scores for eighth-graders: “Eighth Graders Show Big Gain in Reading Test” and “City Students Lead Big Rise on Math Tests.” The Education Department reported that in grade 8, the proportion of students meeting state reading standards jumped from 49.3 percent to 57 percent, a remarkable increase in a single year, especially in a grade where academic performance had stagnated for several years. Similarly, the state reported that the proportion of eighth-graders meeting the state’s math standards jumped from 53.9 percent to 58.8 percent. These are very impressive gains.

Unfortunately, all of the state’s gains in eighth grade disappeared in the NAEP results—a fact the New York Times mentioned not on its front page but at the end of a story on page A20. The NAEP tests performance in two ways: by scale scores (on a scale from 0-500), and by achievement levels (“below basic,” “basic,” “proficient,” and “advanced”), which are supposed to show what students ought to know and be able to do in their grade. The results:

Only in fourth-grade mathematics did New York students post a solid gain, from a scale score of 238 in 2005 to 243 in 2007. In eighth-grade mathematics, where the state claimed big increases on its own tests, the NAEP scale score was 280 in 2005 and 280 in 2007.

In fourth-grade reading, New York’s scale score went from 223 in 2005 to 224 in 2007, not a significant change. In eighth-grade reading, New York’s scale score went from 265 in 2005 to 264 in 2007, again not a significant change.

The achievement levels demonstrate the severity of the “achievement gap” among different groups in New York. In fourth-grade reading in 2005 and 2007, 19 to 20 percent of white and Asian students were “below basic,” as compared with 48 to 50 percent of black and Hispanic students. These numbers did not change significantly from 2005 to 2007. The size of the gap is similar in eighth-grade reading and eighth-grade math, where about half of black and Hispanic students score “below basic.” Only in fourth-grade math did a majority of black (69 percent) and Hispanic (74 percent) students score at or above the basic level of performance, while 94 percent of white and Asian students ranked at basic or above in 2007.

The New York State Education Department has already suffered a series of embarrassments. A federal study released in June held that New York’s tests were not as rigorous as those administered in many other states. The New York Daily News reported early in September that the state’s math tests in 2005 were easier than those given in 2002. A few days later, The New York Sun reported on a study which found that the reading tests of 2005 were also easier than in previous years.

The disparity between state and national test scores points to one conclusion: New York State—with its multi-billion-dollar annual investment in public education—needs an independent, nonpartisan, professional audit agency to administer tests and report results to the public. Such an agency should be staffed by testing professionals who have no vested interest in whether the scores go up or down. At present, when scores go down, the public is told that the test was harder this year; but when scores go up, state officials never speculate that the test might have been easier. Instead, they high-five one another and congratulate the Regents for their wise policies and programs.

What the public needs are the facts. No spin, no creative explanations, no cherry-picking of data for nuggets of good news. Just the facts.

Diane Ravitch is Research Professor of Education at New York University and a senior fellow at the Brookings Institution and the Hoover Institution. From 1997-2004, she was a member of the National Assessment Governing Board, which supervises NAEP.

May 23, 2007
Eighth Graders Show Big Gain In Reading Test
By DAVID M. HERSZENHORN; FORD FESSENDEN CONTRIBUTED REPORTING, New York Times

The number of eighth graders reading at grade level or above in New York State climbed impressively this year for the first time since 1999, when the state adopted tougher educational standards and its modern testing system, according to scores released yesterday from the annual statewide English exam.

The eighth-grade results showed the most clear-cut advances in a year in which students in all tested grades, third through eighth, demonstrated better reading ability, including overall gains by students in New York City, where Mayor Michael R. Bloomberg has made education a cornerstone of his administration.

The results were complicated, however, by a new federal requirement that the exam be administered to all students who have been in school in the United States for at least a year, even those who have yet to learn English.

Because of the change, nearly 40,000 more children with limited English ability, most of them in New York City, took this year's test than in 2006, creating an appearance of declining scores in Grades 3 and 4. When those students' results were factored out to make the numbers comparable to last year's, officials said there was slight improvement.

The sharp increase in the proportion of eighth graders reading at or above grade level statewide, to 57 percent from 49.3 percent, provided a first spark of hope that school districts were beginning to turn around a long record of academic failure in middle school. Scores also improved in the sixth and seventh grades though more modestly.

It was the first time since the modern testing system was adopted in 1999 that more than half of the state's eighth graders showed an ability to read proficiently.

''We have deplored low performance in middle grades in the past,'' said the state education commissioner, Richard P. Mills, at a news conference in Albany. ''But when you see improvement and you call and find out that people earned improvement by doing the right things, we have an obligation to celebrate that.''

He acknowledged, however, that the overall middle school results remained sobering, with more than 40 percent of seventh and eighth graders still failing despite this year's gains.

In New York City, home to more than three-quarters of the state's students with limited English skills, officials said they were pleased with the scores, which they said showed that the city was holding onto recent gains in the early grades and making new strides in the middle grades.

When the results of the students with limited English were excluded, scores in New York City improved in all grades except third grade, where scores were flat. Overall, across all grades, the proportion of New York City students meeting the state English standards rose 2.8 percentage points, to 56 percent from 53.2 percent last year.

And in eighth grade, the city showed the same solid gain that the state did, with the students meeting standards rising to 46.4 percent from 38.5 percent. The city's gains, however, mostly disappeared when the students with limited English were factored in. With those students included, the proportion of all New York City students meeting the standards remained essentially flat, moving to 50.8 percent from 50.7 percent.

And including these students in early grades led to a drop in scores, of 5.1 percentage points in third grade, 2.9 points in fourth grade and six-tenths of a point in fifth grade.

Still, Schools Chancellor Joel I. Klein said that the results showed ''significant, consistent growth'' citywide and that he was heartened by improvements in scores among black and Hispanic students and children with disabilities.

Mr. Klein, too, said he was keenly aware of the large numbers of students still failing to read at grade level. ''It's a question of whether the glass is half empty or half full,'' he said at a press briefing. ''It's clearly half full and getting fuller by the year.''

But not everyone was impressed. Diane Ravitch, a historian of the city school system, said that officials had long propped up scores by excluding non-English speakers. Such students should be tested, she said, and their results included in any official tally.

''I don't see a revolution in these scores,'' she said. ''I see small, crablike steps. The scores are pointed in the right directions, but they are small, small gains and I would have expected big gains. By now they can no longer blame the dysfunctional system. They own it. ''

Overall, statewide, fewer students scored at the lowest level on the exam, which demonstrates serious academic failure. Scores overall improved for black and white students but declined for Hispanic and Asian students because of the increase in the number of students tested who speak limited English.

There was an increase in the overall proportion of students with disabilities meeting the state standards, up 2.6 percentage points, to 22.8 percent from 20.2 percent.

Among the state's biggest cities, only Yonkers had a decline. New York, Buffalo, and Syracuse had increases, while Rochester stayed flat.

In explaining the improvements in eighth grade, Mr. Mills said he believed that educators were alerted by last year's test results, the first year in which the state tested Grades 3 through 8 rather than just Grades 4 and 8.

Those results had shown a precipitous drop in achievement from fifth to sixth grade and steady decline through eighth grade.

Mr. Mills said he believed those scores had shocked many schools into providing extra help for struggling students.

''Last year was a dramatic moment,'' Mr. Mills said in an interview. ''I think that was a very sobering picture for people.''

He added, ''Of course it takes a while for people to change their practice, just like it takes time for people to change their habits when they get a report from their physician about their cholesterol level. But some people do change radically.''

While the drop-off in scores after fifth grade persists statewide, the decline was not as steep this year.

In releasing yesterday's results, Mr. Mills also drew attention to a substantial gap in the academic achievement of boys versus girls. In third grade, 70.9 percent of girls statewide are reading at grade level compared with just 63.6 percent of boys -- a difference of 7.3 percentage points. The gap widens by eighth grade, Mr. Mills said, explaining why more girls graduate from high school on time.

Still, the greatest attention yesterday was on the students who speak limited English. And the way they affected yesterday's results showed how standardized testing is much like public opinion polling: a lot depends on exactly who is answering the questions.

The federal Education Department's requirement that New York State test thousands more of its non-English-speaking students to comply with the No Child Left Behind law was a matter of dispute for much of last year, just as it has been in other states with large numbers of immigrants.

Many state and local officials feared seeing their schools sanctioned for failing to make progress on the annual tests.

In the past, New York had exempted many students with limited English ability from the state's annual English Language Arts exam, which is given in January, and instead had measured their progress using a separate test for English as a second language.

But federal officials had deemed that exam insufficient and ordered New York to judge any student who had attended schools in the state for at least a year using the regular test.

This excellent article was posted in 2007:

With the New York City Department of Education all set to dole out merit pay bonuses to schools and teachers based on standardized test scores, we really ought to take a closer look at the claims the state and the city are making about their test score results.

Mayor Bloomberg and Chancellor Klein like to claim they have raised test scores on both city and state tests dramatically since they started their first reforms of the public school system back in 2002.

They like to throw around phrases like "record gains" and "best performance ever" when describing how well students are doing on tests now that they have implemented their reform and accountability movements (see this press release from mikebloomberg.com for a sample of this kind of hype.)

The New York State Education Department also likes to brag how students' test scores have increased in recent years in both reading and math.

But as Diane Ravitch noted in a September 28th, 2007 City-Journal article, the latest federally-sponsored National Assessment of Educational Progress (NAEP) test results showed that the state test score increases in reading and math that the New York State Education Department was bragging about back in May and June of this year were all hype.

On the state tests, the Education Department reported that eighth graders meeting state reading standards jumped from 49.3 percent to 57 percent - a remarkable one year jump considering there had been little movement in those scores in previous years. Similarly, the Ed Department reported the proportion of eighth-graders meeting the state’s math standards increased from 53.9 percent to 58.8 percent.

Yet when the NAEP results were released in September, they showed very different results:

Only in fourth-grade mathematics did New York students post a solid gain, from a scale score of 238 in 2005 to 243 in 2007. In eighth-grade mathematics, where the state claimed big increases on its own tests, the NAEP scale score was 280 in 2005 and 280 in 2007.

In fourth-grade reading, New York’s scale score went from 223 in 2005 to 224 in 2007, not a significant change. In eighth-grade reading, New York’s scale score went from 265 in 2005 to 264 in 2007, again not a significant change.


Ravitch says the NAEP is "known in the education world as the gold standard of testing" and "has been collecting test samples of students in the states since 1992." After No Child Left Behind was passed into law in 2002, the NAEP has become an "external monitor" of the states' own claims for progress on test scores.

New York State has failed its external monitoring test on its claims for test score progress.

Unfortunately few people know about the discrepancies between the state's test score results and the federal test score results because the NAEP test score article was buried on page A20 of the NY Times.

Funny how that works - the "good" testing news gets trumpeted on the front page of the papers while the "bad" testing news gets hidden deep in the National or Metro sections.

Ravitch also notes how the NY Daily News has reported that the 2005 state math tests were much easier than those given in 2002 (and lo and behold, the 2005 test scores went up!) while the NY Sun has reported that the latest state reading tests are also easier than in previous years (and of course those scores have increased as well.)

Ironically, it was a United Federation of Teachers-sponsored analysis of the state's reading tests that found the state is dumbing them down. Randi Weingarten actually told the Sun that:

"It's part of why I keep saying, be careful about data. Standardized test scores can't be used for these high-stakes measures for kids or for teachers," she said.


Of course that comment was issued last month before Weingarten agreed to allow these same suspect standardized test scores to be used to dole out merit pay bonuses to some schools and teachers in the system.

Not surprisingly, Weingarten said nothing about the suspect test scores at the press conference she held with Mayor Bloomberg and Chancellor Klein to announce the merit pay program based on test score results.

Bloomberg, Klein, Weingarten, most of the press and nearly all of the so-called "education-reformers" continue to ignore the elephant in the room - the scores on these state and city tests are suspect at best and fraudulent at worst.

If we could get an independent panel of testing experts to look at the city and state tests, I have little doubt that they would find institutionalized cheating at the both city and state level where they are creating the tests and the grading rubrics.

I have little doubt a panel of independent experts would also recommend changing in-house grading for these high-stakes tests. Having teachers and administrators grade the tests their schools are evaluated on and their compensation will be partly based on is like having a baseball team umpire itself.

The state and the city will never agree to a truly independent panel of experts to look at their testing methodologies, of course.

For years, Chancellor Klein refused to create an independent panel of researchers and auditors to look at his education reforms and test scores.

This year he finally did agree to create such a panel, but he stacked it with cronies and hacks:

Critics note that Klein and teachers union President Randi Weingarten will serve on the board.

Other board members will include Robert Hughes of New Visions for Public Schools, a school reform nonprofit organization with many ties to the city schools; Kathryn Wylde of the Partnership for New York City, a business group, and Chung-Wha Hong of the New York Immigration Coalition.

...

Sol Stern of the Manhattan Institute, a conservative think tank, said, "The whole thing is a fraud.

"Every one of these people has a stake and an interest in what the research will show," he said.


The whole thing certainly is a fraud - from the merit pay program based on suspect test score results to the school system that privileges tests and test prep over everything else.

And things are only going to get worse before they get better.

This year, Klein and Bloomberg have added 8 additional standardized tests to the curriculum - 4 in math and 4 in English.

The full battery of tests won't be given until 2008-2009 because the NYCDOE moved forward with the additional testing before the actual tests were created by McGraw-Hill, the company that received the lucrative testing contract.

Nonetheless you can be sure these tests will be as suspect as the current battery of city and state tests.

The mayor and the chancellor will nonetheless trumpet the results as proof positive that their constant reorganizations of the school system are working and many in the press will be happy to uncritically publish the stories on page A1. The so-called "education reformers" will agree and call for more standardized testing and more Bloombergian reform to public education.

And then a few years down the road, when all the current political hucksters, con artists and education reform swindlers touting standardized testing, merit pay based on test scores, public school privatization and the like move into retirement, honest people are going to look at the supposed test score increases and so-called improvement in student achievement and reveal them for what they are - dishonest and fraudulent.

And of course the real victims in all this are the students who are now subjected to 188+ days of test prep a year.

I just hope whatever jobs they take in the future require lots of bubbling and pencil sharpening.

Daily News exam finds math scores up when difficulty rating went down
By ERIN EINHORN, DAILY NEWS STAFF WRITER
LINK

Zachary Avery sweats hard stuff during News' math test experiment.

* 2002 state Grade 4 math test
* 2005 state Grade 4 math test
* Answer keys

The News obtained technical details on high-stakes math tests given to fourth-graders across the state over the past six years and found that in every year when scores went up, testmakers had identified the questions as easier during pretest trials.

In years when scores were lower, pretest trials showed the questions were harder.

"That's pretty strong evidence that something is just not right with the test," said New York University Prof. Robert Tobias, who ran the Board of Education's testing department for 13 years.

"If this were a single year's data or two years' data, I would say it would be inappropriate to make conclusions," Tobias said. "But with the pattern over time ...that's prima facie evidence that something's not right."

In 2005, for example, when a record-breaking 85% of New York State's fourth-graders passed the test, the questions had the highest average easy score in years. The easy score was .73 - meaning the average question was answered correctly by 73% of the kids who participated in pretest trials.

In contrast, when 68% of kids passed the state test in 2002, the easy score was .61.

State education officials insist their tests are carefully crafted to ensure apples-to-apples comparisons, except in years like 2006 when the test was subjected to an overhaul.

The easy score - called a Probability-value or P-value - is just one measure that testmakers use as part of a sophisticated test-equating process.

And a higher easy score could mean that the kids in the trials for 2005 were simply smarter than the kids in the 2002 trials.

"We are confident that the test development, scoring and equating were done accurately," state testing director David Abrams said in a statement.

David Cantor, a spokesman for the city Education Department, also defended the test results.

"Even if we were to credit these findings, which we don't, New York City fourth-graders rose 25 points in math between 2002 and 2005, twice the gain of students in the rest of the state," he said. "All were taking the same tests."

The News gave the multiple-choice portions of the 2002 and 2005 fourth-grade tests to 34 kids in a Brooklyn College summer program.

Though the two exams were supposed to be equally difficult, the kids did significantly better on the 2005 test, the exam the P-value showed was easier.

Three experts said The News' findings were valid.

"There's less than a 5% chance that [the results] are due to chance," said James Corter, a professor of education and statistics at Columbia University's Teachers College. "The fact that it's a small sample is not at all important. I think you've got really good evidence here ... that the 2005 test was easier."

In 2005, the happy news that city fourth-graders had dusted their predecessors and showed record gains on the state exam helped buoy Mayor Bloomberg's reelection drive just weeks before Election Day.

Did Bloomberg's leadership boost the scores?

Not if you ask 9-year-old Kirwin Seger.

When he participated in The News' experiment, he was among several students who said he finished the 2005 test faster than the 2002 version.

"The 2002 questions were more complicated than in 2005," he said. "In 2005, they kept it short, simple and sweet."

None of this means that testmaker CTB/McGraw-Hill or the state Education Department deliberately dumbed-down tests or tried to manipulate politically sensitive results. Experts say there is as much art to test-making as science.

"There's always some error that creeps in there, some lack of comparability," said Joseph Pedulla, a testing expert at Boston College.

In an era when test scores affect everything from principal bonuses to even if a school can continue to exist, parents, students and educators count on the tests to be consistent so fair comparisons can be made.

Tobias said he's not sure that's happening.

"I consider this as just one piece of evidence," Tobias said of The News' findings. "All you have to do is call it into question once and, by generalization, that calls the scores for all the years into question."

eeinhorn@nydailynews.com

Another way the public can see whether or not Mayor Bloomberg is doing what he says he is can be gleamed from what he keeps hidden from public view - for instance, the discharge rates of high school students who dont graduate.

Workplace Defamation Lawsuits Give Richard Condon, Joel Klein Alot To Worry About

From Betsy Combier: Anthony Di Salvo taught 10th grade Global History at NEST+M in New York City for a short time, September 2007 to March, 2008. He was my daughter's teacher. I visited his class during Open School Week, November 2007, and I told him that I thought he was one of the best teachers I have ever seen.



On or about March 7, 2008 he was removed from the school, and on or about March 10, 2008 Dr. Olga Livanis sent all the parents of students in the Upper School an email telling us that Anthony Di Salvo had been permanently removed from his classes by Dr. Livanis. We parents believed he had committed a crime. I followed up and found out that not only was there no "investigation" before the email was sent, but that Mr. Di Salvo had suggested to Dr. Livanis that the spanish teacher who taught first period, Ms. Molly Marie Coulibaly, was upsetting the kids who were in her class with racial slurs against African Ameicans, Hispanics, and Mexicans...(he taught the same group right after Ms. Coulibaly).

In November 2007 Dr. Livanis substantiated racial discrimination and verbal abuse charges against Ms. Coulibaly as reported by the students in her classes to Dean Bill Moyers. However Livanis kept Ms. Coulibaly in all her classes anyway. Anthony was not so lucky. He was sent to a re-assignment room immediately after bringing this subject up to Livanis in March 2008.

I sent Mr. Di Salvo the email that was sent to me and all the parents of students in the NEST+M high school. Recent court cases may give Mr. Di Salvo a claim for damages from the New York City Board of Education and Dr. Livanis.



In New York City, Richard Condon, (pictured at left) his "Special Commissioner of Investigation" business, and the incompetent so-called 'investigators' who work for him, publish in the Daily News and other dailies stories that "they" - the education-media-complex - want to substantiate without an efficient look into the facts. By the way, if you call SCI to complain as the website urges you to do, this may open an investigation of YOU and NOT the person you were reporting.

OSI retired cop Dennis Boyles was quoted as saying to a UFT rep and teacher at a meeting in the school while supposedly looking into allegations of corporal punishment, "I am here to find you guilty". The pattern and practice seems to be that Mr. Condon or the Office of Special Investigations - both NYC BOE Divisions are paid by the New York City BOE, as are the "investigators" at the Office of Equal Opportunity (OEO)- send out a press release so that the reporters of the newspapers can publish a story on the 'findings' that they want to have the public believe.

I spoke with reporter Elizabeth Lazarowitz the day before she published her story on Elivira Sacco, and she told me that she could publish the report that Ms. Sacco had used the "N-word" in her class because OEO sent the report to her, therefore as "they" substantiated the allegation, it was true and this is 'news'. I wrote an article for this blog on what Ms. Sacco had to say.

The exact same process made Teddy Smith a "potential killer" of his 3020-a arbitrator Jack Tillem, and I'm re-posting my story of Teddy here for your information on how serious this strategy is for the reputations of anyone, innocent or not.

The Daily News published this article about Mr. Smith on October 10, 2007, and this posting led to second arbitrator Howard Edelman's decision to suspend Teddy for a year without pay:

Teacher 'slay threat'

A Manhattan gym teacher facing 27 counts of misconduct allegedly threatened to kill the arbitrator presiding over his case, authorities said.

Theodore Smith, 46, who taught at the Museum School in Manhattan, allegedly said he was going to "kill that f---ing arbitrator" and "break him in half," according to a report by Special Schools Investigator Richard Condon.

The Education Department will continue to seek Smith's termination, a spokeswoman said.

Carrie Melago


Let's hope that the efforts of Teddy. Anthony, me, and others so outraged by the defamation tactics used by Joel Klein will be able to "stop the train".

Theodore "Teddy" Smith Wins His NY State Supreme Court Appeal To Overturn Arbitrator Howard Edelman's 3020a Decision and Award
LINK

New York State Supreme Court Judge Alice Schlesinger throws out arbitrator Howard Edelman's decision to punish excellent teacher Teddy Smith because, she writes, "Mr. Smith is challenging the decision and penalty…of the disciplinary process and finally and most importantly the performance of the second Arbitrator who decided the controversy based solely on the transcript of the proceedings before the first Arbitrator, thereby violating his due process right to a fair and impartial hearing...…It is fundamental to the fact finding process to be present when testimony is given, testimony which constitutes the evidence upon which the determination will be made...When an individual is denied fundamental due process, an argument that substantial evidence supports the decision is irrelevant."



Teddy Smith
From Betsy Combier:

NYC public school teacher Teddy Smith has fought City Hall since 2004 and has won a small but precedent-setting battle against Mayor Michael Bloomberg, Joel Klein, Richard Condon, and New York media who blindly follow the directives of the Special Commissioner and publish false information in order to "get" someone. Anyone. It could be you, next time.

Read below about how Carrie Melago of the New York Daily News and Richard Steier of The Chief published stories on Teddy Smith's threats to kill arbitrator Jack Tillem, all made up by Teddy's former Attorney David Kearney, to convict Teddy for not paying his made-up fees. Ms. Anne Carroll, Attorney for the NY Daily News told me: "Whatever Richard Condon prints or says, we will print because he is a public person." In addition, she said that she saw no reason for Carrie Melago to call Teddy Smith and ask whether or not Condon's report was true.

Theodore "Teddy" Smith

Theodore (Teddy) Smith was born and raised in Suffern, New York and graduated from Hampshire College with a BA degree, Goddard College with an MA, attended Sarah Lawrence as a special student, and has a BS degree from Empire State College, an obtained certification as a School Administrator from Fordham University. He has lived in New York City for over fifteen years.

He currently works as a account manager and on-air personality working afternoon drive for Central Broadcasting in Worchester County, Massachusetts; on-air personality for WGHT in North Jersey; WTBQ AM/FM in Orange County, NY, and WPAT Multi-cultural Broadcasting in New York. He has also worked full-time in New York City for the Department of Education as a physical education and health teacher, currently with a Supervisory Administrator’s License (SAS), with “satisfactory” service for over ten years, with tenure in 1999. Concurrently, Mr. Smith taught part-time for the United Nations After-school Program as a physical education and martial arts teacher for thirteen years.

“Teddy” Smith is a New York City was harassed in 2004-2005 and 2005-2006 into teaching a part-time gym class with more than 65 children (often almost 100 at one time) at The Museum School on West 17th street in Manhattan. He also has a heart condition for which he asked his Principal to be accommodated – although he was and is able to perform his job - but was turned down and his needs were ignored. Following his request for class size reduction, which is mandated by the NYC BOE, Principal Lindley Uehling removed him from the school and told him to report to a re-assignment center at 333 7th Avenue, commonly known as a “Rubber Room” in 2005.

Two years later he was subjected to a 3020a hearing under arbitrator Jack Tillem. In October, 2007, Teddy's attorney, David Kearney, wanted out. (FYI, the law firm of Neal Brickman has told me that David Kearney was fired after the Smith case publicity- Editor). Kearney had filed a federal court case against the New York City Department of Education on June 15, 2006, but made an agreement to work on a contingency basis, and did not want to continue. So, he told NYC BOE Attorney Theresa Europe that Teddy had made threats against arbitrator Jack Tillem's life, and she called the Special Commissioner For Investigation, Mr. Richard Condon, and told him that Teddy Smith had threatened to kill his arbitrator. Condon wrote a report that was posted online without ever interviewing Teddy Smith, and then Carrie Melago at the NY Daily News and Richard Steier of The Chief printed this story as if it was true, without checking the facts. Teddy says that he never threatened to kill Jack Tillem. Jack Tillem recused himself, saying he had heard nothing from Teddy about killing him, but could not continue as the arbitrator in Teddy's case, and a second arbitrator was appointed: Mr. Howard Edelman.

Mr. Edelman decided Teddy's 3020a matter solely on the printed record, and suspended Teddy for 1 year without pay. Edelman decided that termination was too punitive, as Teddy was an "excellent" teacher. But, he had to be taught a lesson.

Then, on April 30, 2008, New York State Supreme Court Judge Alice Schlesinger threw out Mr. Edelman's decision as a violation of Teddy Smith's due process rights. Read her decision, because we believe that she will lead the way in creating a more fair hearing process for all teachers currently sitting in NYC re-assignment centers.

Theodore Smith's story

New York City’s public school system in Manhattan includes Districts 1, 2, 3, 4 and 5. Researchers who want to find the most segregated and yet politically powerful schools in the NYC BOE need look no farther. Former PS 6 Principal Carmen Farina introduced fuzzy math and the workshop model to NYC at PS 6 (45 East 81st street) and prosecuted Susan Schwartz for helping implement the program. Former District 3 Superintendent Patricia Romandetto was well-known for racial discrimination practices and for re-allocating federal funds away from the children who needed special services.

Teddy Smith, is a teacher who consistently received satisfactory and excellent ratings from 1995, and was given tenure in 1999. From 1995 to 2001 he worked for the Beacon School in District 3, and received satisfactory ratings for each of the six years he taught there. At the High School of Art & Design he received the highest praise and performance ratings, then transferred to Chelsea High School while he completed his administrative license at Fordham University. Teddy stepped into the quagmire of Manhattan public school politics when he was appointed a position with an experimental pilot school called the New York Museum School in or around July of 2004. The Museum School “was having difficulty retaining physical education teachers in part because it housed a mixed group of middle and high school students, did not have a functional gymnasium, and was devoid of safety equipment” Teddy reports.

When Teddy began his teaching at The Museum School, Principal Lindley Uehling gave him a full salary for a part-time .6 position, and directed Teddy to teach classes of sixty-five (65) students at a time with little or no assistance, far in excess of the 50-student maximum mandated by the teacher’s contract. He was told to teach up to 100 students in a separate program with no assistance at all. He was never notified officially by the Principal of the number of students as the contract specifies (article 7M). There was no gymnasium, no regularly scheduled meeting space, and no safety equipment for the group of 65 students sent to PE at one time. But, Teddy was well-received by Principal Uehling, who acknowledged the poor conditions and pledged additional personnel and resources. She also evaluated Teddy positively.

Teddy began to suffer from the unmanageable circumstances of his job, and wrote about his concern for the safety of the children and staff to the Priincipal. In 2004 he complained to Principal Uehling about the oversized classes and lack of promised support, but no action was taken. Immediately following Teddy’s complaints about the dangerous and overcrowded conditions and lack of support, Principal Uehling began to give him frequent “unsatisfactory” classroom evaluations and threatened him that if anyone was hurt it would “reflect very badly” on him.

In or around January 2005 Principal Uehling, seemingly tired of receiving Teddy’s complaints, wrote to Mr. LaForgia’s office and asked for advice of how to “get rid of” Smith. On January 29, 2005 at 7:26AM, Teddy received an email from Fay Pallen, an administrative staff support employee with LaForgia’s office. The email was sent in reply to Uehling’s message and was a confidential communication to Uehling. The email was mistakenly sent to Teddy’s home email account from Pallen’s Blackberry.

On February 2, 2005, Victor Ramsey, Regional Fitness and Physical Education Director for the NYC DOE arrived at the school to observe Teddy and evaluate his class. His written evaluation was, initially, overwhelmingly negative, but he changed this after being asked why he told Teddy that the class was “great”. Teddy filed an Article 23 Harassment Grievance with the United Federation of Teachers (“UFT”) on March 7, 2005. Two weeks later Principal Uehling sent a warning of termination and a “U” rating to Teddy. On March 23, 2005 Teddy submitted a letter to LaForgia, Ramsey and Uehling asking for accommodations for his medical condition. This letter was accompanied by a letter written by his doctor verifying his ability to do his job fully and competently.

On April 5, 2005, Ramsey wrote a letter accusing Teddy of “unprofessional” conduct, “irresponsibility”, and a lack of motivation and effort. He also criticized Teddy for his medically approved absences. Teddy was told the same day to report to a DOE medical examination on April 28, 2005, which was re-scheduled for May 24, 2005. When Teddy asked why he was directed to submit to a medical exam, he was told that there were documents in his file, submitted by Uehling and endorsed by LaForgia, detailing a pattern of absences that could be seen as fabricated by Smith – but Teddy had never seen these documents. Teddy told Uehling that he needed to see the documents accusing him of lying about his condition before he would go to any DOE medical office. He filed a second grievance with the UFT on May 5, 2005 and several other grievances on May 18, 2005, demanding that he have access to his file and that the discrimination and harassment against him immediately cease. Principal Uehling responded by charging him with insubordination on May 26, 2005. Throughout June 2005 Teddy complained about the conditions he had to work with, and asked the Principal, AP, and Chancellor Klein to please let him transfer to another school. His pleas were ignored.

On June 8, 2005 Teddy’s doctor sent to all parties a second letter detailing Teddy’s medical condition and confirmating that Teddy could nonetheless perform his job competently and fully. On June 17, 2005 Teddy received an “unsatisfactory” performance rating from Principal Uehling. This was the first “U” that Teddy had ever received during his 10 years as a teacher for the NYC BOE. Teddy's grievance was denied.

Teddy was examined by the BOE medical office on June 21, 2005, and was found fit to work. In July Teddy requested a “prosecutorial investigation” in several letters to Mayor Michael Bloomberg and others. Teddy was in constant contact with Mayor Bloomberg, Joel Klein, and NYC BOE Local Instructional Superintendent Michael LaForgia, who did nothing to end the complaints filed by Teddy of disability discrimination and retaliation.

Instead of investigating the Principal, Mayor Bloomberg and Joel Klein started an investigation of Teddy Smith under the Special Commissioner of Investigation, Richard Condon. Mr. Condon is a well-known soldier in the Bloomberg administration whose job it is to violate a victim’s due process rights if that victim has been randomly assessed by Klein to be a danger to the racketeering club known as the NYC Board of Education. No one is immune from Condon’s made-up “investigators” who are, for the most part, retired policemen looking for ways to earn a second pension and double benefits. If someone has information that could nullify or in any way show the falsity of an investigation, this person is never interviewed or his/her “testimony” is falsified.

On or about August 18, 2005 Teddy was placed on the Ineligible/Inquiry List, re-assigned to a “rubber room”, and advised he was going to be charged with insubordination, absenteeism, incompetence, and creating safety issues. He received 27 charges (“specification”) in December 2005. Lindley Uehling was removed from The Museum School at the end of July 2005, and was immediately hired by Hunter College High School where she now works as Director of the admissions office.

While sitting in the “rubber room” Teddy took action, filing a complaint with the Equal Employment Opportunity (EEOC) and with EEOC permission, he filed a federal lawsuit in June 2006. Judge Buchwald stayed this case until the 3020a procedure is finished.

Teddy reports the following:

“The charges against me are ridiculous, false, and are made in bad faith and with malice. Principal Uehling and the NYC BOE forced me into a dangerous situation and hoped that I would not whistleblow their scheme to endanger the lives of students in their school while saving money. (See Susan Jalowski's admission that Principal Uehling did "find out" that Teddy had no assistants). For my efforts to change the illegal practices going on I was sent to a “rubber room” where I sat for two years – a severe, unjustified punishment.

The ensuing ‘3020a’ proceeding beginning in January 2007 was an absolute sham. The DOE – represented by Attorney Susan Jalowski – presented their side of the case, and before I ever had a chance to testify or have any witnesses testify on my behalf Arbitrator Jack Tillem told my Attorney at the time, David Kearney (of counsel to Neal Brickman, the law firm handling the Rubber Room movie) and Ms. Jalowski that he had determined that I take a 3-6 month suspension without pay and keep the completely unjust “U” rating from the DOE. A “U” rating on a teacher’s record makes it virtually impossible to find another good teaching job. My attorney Mr. Kearney negotiated with the BOE who offered to drop the suspension time if I would agree to keep the “U” rating and to drop the Federal lawsuit. Of course, having been treated so unjustly, and especially for also having not been responsible for any wrong-doing, I refused.

In the February 8, 2007 transcript there is evidence that I did secure a job (e-mails with the Principal Marissa Lindsley), and my testimony on February 28 shows that she was harassing me out of my job for speaking out about the oversize classes. After she hired me and I accepted, I received a letter at about the end of August saying that I was put on the ineligible list. The process must have been started months earlier when I received my first “U”, and since the Museum School program was point .6, there was nowhere for me to have peer intervention, and this was their way of dealing with this… i.e., sending me to the rubber room. Uehling testified that she did not know that a U rating would prevent me from moving on.

From this point I found myself being compromised by my own attorney. First, he refused to submit specific documents and exhibits that would assist my case. Second, he was having “ex parte” conversations with the BOE lawyers. On April 18, 2007 NYC BOE Attorney Susan Jalowski stated on the record that the gym program at the Museum School had no illegal oversize classes because I had assistants. Both of these “facts” were refuted by the Principal, Lindley Uehling in her testimony. I tried to obtain the school budget for 2004-2005 but was denied this important information by the arbitrator. This was, indeed, a no-win situation.

Then, on May 10, 2007, in a telephone conference regarding the 3020a hearing, there was clear collusion between my attorney, David Kearney, the attorney at the BOE Theresa Europe, and the arbitrator, Jack Tillem. The conversation – from which I was excluded – centered around Kearney’s “deal” with the BOE to claim that Tillem was not impartial and should leave the case due to some of his rulings, however Kearney had already lied to Tillem and Europe saying that I had threatened to kill Tillem. Theresa Europe put on the record that she wanted Tillem to state the “real” reason for his recusing himself – so that I could not appeal on the grounds of improper, biased rulings – and say that he (Tillem) feared for his life. The record reflects that Jack Tillem recused himself from my case on May 10, 2007, due to my threatening to kill him, a libelous statement made up by Kearney. DOE Attorney Theresa Europe told SCI Special Commissioner about this, and then Condon based his report on this falsely reported threat. A press release was sent out to Carrie Melago at the NY Daily News and to The Chief. Both newspapers published reports of this threat on the life of Tillem as “actually” happening, without interviewing me. I wrote Mr. Condon a letter on May 22, 2007.

For several weeks David Kearney had called me and demanded his money - $58,000 - that I had never agreed to pay him. I tried to speak with Ms. Europe, but she wouldn't speak with me, and then I was told to go to the BOE medical office in Brooklyn for an examination. I went, in June, and was found fit to work.

A new arbitrator was appointed by the New York State Education Department in June, at the same time that I was told to go to the BOE Medical Office for an examination. Howard Edelman refused to grant me a new hearing (p. 44) even though he was aware that the record had been tainted. On October 1, 2007, my new Attorney Mr. William Gerard, stated that he would not participate in a hearing that he considered a “sham” based only upon a prior proceeding that was tainted. The closing statement of Susan Jalowski can be seen as contradictory to the record.”

Mr. Gerard, Teddy's Attorney, wrote a letter in November 2007 to Francesca Pena, High School Superintendent, in which he described the unreasonable procedure and false information that had just been processed against Teddy.

In his decision dated December 6, 2007, (73 pages) Mr. Edelman writes that Teddy had “certified teachers to assist in the performance of [his] duties” (footnote 2, p. 16), when he did not have any assistants, as placed in the record on February 28 2007 (p. 327) and in a letter sent to him after he filed a Freedom of Information request on April 28, 2008. Edelman found Teddy guilty of specification 19 (refusing to go to Peer Intervention) even though it has been dismissed by the DOE and he gives the page number from the transcript quoting Tillem. In addition there were voluminous other statements and exhibits from both Uehling and Teddy stating that he never refused peer intervention, as well as documents showing that he applied. Also, on Feb 8th, Uehling testified that teaching 100 students single handedly was a part of (his) job, not to mention up to 75 students without assistants.

On page 42 of his decision to suspend Teddy for a year without pay, Mr. Edelman states “The reasons for Mr. Tillem’s recusal are irrelevant to this proceeding” (footnote 3) when indeed the recusal and reasons for Tillem doing so are the MOST relevant reasons for his decision. Edelman also “believed” everything that the BOE and Uehling said without hearing her, in person. On p. 50 Edelman writes: “Therefore, I find, there is no credible evidence to suggest that Principal Uehling, or anyone else, did not give Smith a fair opportunity to succeed.” And, “”I can think of no reason why the Principal would claim students were playing in the yard without supervision if it weren’t true.” (p. 52)…”I credit her observations.” (p. 54).. “Respondent’s [Smith’s testimony] lacks the ring of truth” (p. 61).

How does truth ‘ring’ from paper?

Edelman continues: “Principal Uehling credibly testified…” (p.63)…”Respondent’s behavior…[was] cavalier…” (p. 64). “Based on the Principal’s credible testimony, it is clear Specification 16 has been proven.” (p. 64). [Respondent’s witness Maria Aragonez’s] testimony was unclear and vague…Instead of following the ‘work now, grieve later,’ rule, Respondent decided to take matters into his own hands by refusing to comply with the Principal’s legitimate directive.” (p. 66). “When Uehling suggested he enroll in the Department’s Peer Intervention Program, Smith refused to do so.” (p. 67) [UNTRUE] “”At the very least, Smith should have enrolled. Then, he could have evaluated whether or not it had value for him. Had he done so, perhaps some of his misfortune could have been avoided.” (p. 68). Yet on pp. 73-75, Edelman states that Teddy is a good – excellent - teacher, it seems, from what he has read. John Latchy, from Art & Design, stated that “Respondent did a very good job for us” (p. 75).

Edelman writes, “Nonetheless and based on the foregoing, I conclude that the appropriate penalty in the instant matter is a one year suspension without pay. Any penalty more severe than this would be punitive rather than corrective. Further, this penalty is appropriate and proportional for the misconduct that Respondent has demonstrated. It is so ordered.” (p. 76).

Mr. Edelman had, it seems, already made up his mind about Teddy before reading any testimony. I have heard that this is his pattern and practice.

Then within 10 days of receiving Mr. Edelman’s decision and order, Mr. Gerard filed a Petition To Vacate Arbitration Award (7511) and an Affirmation that described the violations of Teddy Smith's due process rights in Edelman's December decision. The Corporation Counsel answered Teddy's papers, of course, saying that there is nothing wrong with testimony that is written rather than heard (see the Verified Answer of the Corporation Counsel). NYS Supreme Court Judge Alice Schlesinger decided in Teddy’s favor on April 30, 2008. The City of New York has appealed.

The Order and decision of New York State Supreme Court Judge Alica Schlesinger is important, because it puts on the record the unfair practices of the process known as “3020a”. All persons undergoing this process or about to participate should read the decision. I excerpt the following:

“Mr. Smith is challenging the decision and penalty…of the disciplinary process and finally and most importantly the performance of the second Arbitrator who decided the controversy based solely on the transcript of the proceedings before the first Arbitrator, thereby violating his due process right to a fair and impartial hearing…These are very unusual and disturbing circumstances (p.2)…requests [for a hearing de novo] were denied although the Arbitrator offered William Gerard, petitioner’s new counsel, a one day opportunity to supplement the record. (p. 3).

Counsel for petitioner argues that virtually all the guilty findings made by Edelman involved credibility determinations. I believe this is borne out by the record…[the Arbitrator] “credits” or “accepts” the testimony of the witnesses testifying against Mr. Smith…in sustaining various specifications while finding petitioner and his witnesses lacking in credibility. (p. 3). …It should be noted that Arbitrator Edelman saw none of these witnesses present their testimony. All of his findings were made exclusively from the record. It should be also noted that these specifications were all vigorously denied by Mr. Smith, and to a large extent the determinations made by the Arbitrator were based on what was believable or not..

…the Education Law mandates arbitration of disciplinary matters such as this. Therefore, the court’s role is broadened considerably to include the factors of substantive and procedural due process. As Judge Breitel said in Mount St. Mary’s Hospital v. Catherwood, 26 NY2d 493, 500 (1970), when first considering the distinction between voluntary and compulsory arbitration.

“The simple and eradicable fact is that voluntary arbitration and compulsory arbitration are fundamentally different if only because one may, under our system, consent to almost any restriction upon or deprivation of right, but similar restrictions or deprivations, if compelled by government, must accord with procedural and substantive due process.”

In other words, the relevancy of due process in the literal sense can only be eliminated in voluntary arbitration. Id at 505.

Therefore, the question presented is whether the decision here based on an arbitrator’s exclusive reading of the record, without seeing or hearing any witness and thereby evaluating their credibility in such a limited fashion, comports with the dictates of due process. I find that it does not. (p. 4-5)

…It is fundamental to the fact finding process to be present when testimony is given, testimony which constitutes the evidence upon which the determination will be made.

When an individual is denied fundamental due process, an argument that substantial evidence supports the decision is irrelevant. (p. 6)…Once the recusal occurred… it was incumbent upon the new fact finder, one who was aware of these controversial and extraordinary circumstances, to grant Smith a hearing de novo. The fact that he did not, and proceeded to base virtually all of his findings on considerations of credibility without seeing and hearing the witness, was to deny Smith a fair hearing.

Therefore, the determination cannot stand. It must be vacated and the matter remanded for a new hearing before a different arbitrator.
Accordingly, it is hereby

ORDERED AND ADJUDGED that the petition is granted, the December 4, 2007 decision by Arbitrator Edelman is vacated, and the matter is remanded for a new hearing in accordance with the terms of this decision.

Dated: April 30, 2008”

Signed,

Alice Schlesinger, J.S.C.

See also:
New York City Teacher Theodore "Teddy" Smith and the Perfect Storm of Injustice

Two Reports, "Investigating The Investigators", and 'The Gill Commission Report' (1990) Dont Improve New York City Public Schools

I have a suggestion: fire or retire Richard Condon and everyone in his office except secretaries and honest staff members who agree to speak out against the abuses they have seen of due process violations pursued against innocent citizens and taxpayers while hiding the corrupt practices of a protected few. I'll help this effort along with the Stuyvesant High School Parents Association financial records story in the near future.

Until then, read below:

April 13, 2009
Trend: Fired Thieves Sue for Negative References
pointoflaw.com

The National Law Journal reports (see below article - Editor) that, in the down economy, workplace defamation lawsuits are on the rise. "A bad reference, statements made in employee performance reviews, internal documents, termination meetings and conversations among managers and supervisors" are all potential grounds for defamation claims.

One former Staples manager, fired for violating the company's travel and expense policy, sued after the company circulated an email message explaining (truthfully) why he had been let go. Reversing summary judgment for the employer, the First Circuit ruled the suit could proceed.

When firing an employee, "There is no risk-free way to go," said one prominent employment attorney. Escorting a terminated employee out of the building, or locking her out of computer systems, could lead to a defamation suit. But go easy, and the result could be the loss of proprietary information or vandalism accompanied by negligence claims.
Posted by Andrew Grossman at 9:11 AM | TrackBack (0)

Workplace defamation suits rise
Technology fuels a sensitive situation
.
Tresa Baldas, Staff reporter, The National Law Journal, April 13, 2009
LINK

Defamation lawsuits are on the rise in the workplace as employees take on employers over the right to reputation, suing over being labeled as damaged goods after losing their jobs.

With the economy forcing so many people out of work, lawyers say the environment is ripe for defamation claims.

Employers are facing mounting pressure over how to treat departing employees, and how to explain the departure without hurting their reputations. The employers' fear is that negative or offensive information will go out the door along with the exiting employee, providing grounds for defamation claims.

And technology — including e-mails, Twitter, Facebook and blogs — is making it easier to disseminate hurtful information about employees.

In Philadelphia, a former Rite Aid employee who was fired for alleged theft is suing the company and an online employee screening service for defamation. He alleges that he was wrongfully portrayed as a thief in an online database that tracks employees, causing him to be blacklisted in the retail industry. A judge has allowed the case to proceed, ruling that the store knowingly submitted an unfounded accusation to the screening company. Pendergrass v. ChoicePoint Inc., No. 08-188 (E.D. Pa.).

In a similar lawsuit, an assistant manager who was fired from Rite Aid for allegedly misusing her employee discount is also suing for defamation, claiming that a spotty background check based on false information is preventing her from finding work. Menefee v. ChoicePoint Inc., No. 08-981 (E.D. Pa.)

In New York, an ousted law partner and prominent intellectual property attorney filed a $90 million defamation lawsuit against Kasowitz, Benson, Torres & Friedman, claiming he was the subject of a "malicious and unwarranted smear campaign" that followed his firing. Pitcock v. Kasowitz, Benson, Torres & Friedman, No. 601984-2008 (New York Co., N.Y., Sup. Ct.). Soon after, the firm filed a breach of fiduciary duty and defamation suit against him. Kasowitz, Benson, Torres & Friedman v. Pitcock, No. 601965-2008 (New York Co., N.Y., Sup. Ct.).

In Boston, the 1st U.S. Circuit Court of Appeals recently upheld a Staples manager's lawsuit in which he claimed he was humiliated after the company sent a mass e-mail to roughly 1,500 employees, explaining that he had been fired for violating the company's travel and expense policy. Even though this was true, the court ruled that the e-mail was meant to single him out and humiliate him, and the company should not have identified him by name. Noonan v. Staples, 539 F.3d 1 (1st Cir. 2008).

"In this economy, people are working under enough of a handicap than to have this on top of everything else. [Defamation] just makes it impossible to find work," said Irv Ackelsberg of Philadelphia's Langer, Grogan & Diver, who is representing the Rite Aid employees in their defamation claims. "Defamation has now become accelerated by technology," Ackelsberg said. "And the consequences are much more severe."

Employers are well aware of that, said management-side attorneys.

Doug Christensen, a partner in the Minneapolis office of Dorsey & Whitney, said employers' actions following layoffs are being scrutinized as never before. He said employees aren't just suing over defamatory comments, but defamatory actions as well, such as investigating them for alleged theft or sexual harassment.

"The number of defamation by conduct actions is on the rise, and former employees have won a handful of wins in these type of cases," Christensen said. "The theory is that an employer's actions, rather than its words, created an impression that the former employee was involved in some kind of wrongdoing."

A bad reference, statements made in employee performance reviews, internal documents, termination meetings and conversations among managers and supervisors — all can serve as the basis for defamation claims, Christensen said. Inflammatory comments made by an employee on a competitor's Web site, at a public discussion group or on an employee-related bulletin board are also defamation risks, he said.

More on the horizon?

Phil Miscimarra of the Chicago office of Morgan, Lewis & Bockius believes more defamation claims are on the horizon.

"When you're talking about people who have fewer options, and fewer people that have the ability to vote with their feet — if they find that they lost their job for whatever reason, it's more common in an economic downturn for those people to end up litigating over what just happened to them," Miscimarra said.

Employers are struggling with how to deal with the departed employee and protect the company's interests at the same time. For example, if employees are escorted out of the building or locked out of their computers — measures often taken to protect proprietary information or prevent a scene from taking place — employers run the risk of a defamation suit.

If they don't take such measures, information could be stolen or a disgruntled employee could hurt someone, triggering negligence lawsuits. "There is no risk-free way to go," Miscimarra said.

Tina Maiolo of Washington's Carr Maloney advises employers to have a uniform policy that treats all terminated employees the same way. If there are fears that someone might steal information from the computers, lock all the terminated employees out of their computers. That way, no can feel singled out.

"As long as an employer has a good business reason for why they're doing something, they're going to be safe," Maiolo said.

But not all business motives are to be trusted, especially where the best interest of employees lie. So argues John Balestriere of New York's Balestriere Lanza, who is representing Jeremy Pitcock, the New York IP attorney who is suing his former firm, Kasowitz Benson, for defamation based on the firm's press release that he was let go for "extremely inappropriate personal conduct." His suit claims that there was no inappropriate personal conduct, only a brief consensual kiss between himself and an associate.

Balestriere alleges that Kasowitz Benson set out to ruin his client — who left Kasowitz Benson to take a job at New York IP boutique Morgan & Finnegan — and to prevent him from taking his business clients with him.

Gandolfo V. DiBlasi of New York's Sullivan & Cromwell, who is representing Kasowitz Benson, declined comment.

Wednesday, May 6, 2009

Letter From Joel I. Klein: Hiring Freeze For New Teachers



No new hires, a cash-strapped DOE instructed principals today
by Philissa Cramer, Gotham Schools

Responding to shrinking budgets and rising costs, the Department of Education is putting in place what amounts to a systemwide teacher hiring freeze, Schools Chancellor Joel Klein informed principals today.

Individual schools will still be able to use their budgets to add new teachers if they are able, but the DOE is planning to cut school budgets so far that many schools will have to shed teachers, DOE officials revealed. And any new hires, to replace teachers who leave, will have to come from teachers who are already in the system, according to new rules the department is implementing.

Klein informed principals about the hiring restrictions, which the department says should allow it to avoid actually laying off teachers, this morning during a Webcast and just now in a memo, which is included at the end of this post. The department is planning to give principals more detailed information about their schools’ budgets during the week of May 18.

Speaking to reporters today, a top DOE official, Photeine Anagnostopoulos, (pictured at right) said

she could not predict how many schools would need to eliminate teachers but said that a “high percentage” might be able to cut their budgets sufficiently by reducing non-teaching staff and axing programs. She said “the goal” for the department is for all schools to make the same percentage cut to their budgets. That size of that cut has not yet been finalized, she said, adding that principals would ultimately have discretion about how to cut their own budgets.

The new restrictions require principals to fill vacancies created by attrition by picking up current teachers who are either in a classroom elsewhere in the city or in the existing pool of excessed teachers, which already includes about 1,100 teachers. The size of the excessed teacher pool is likely to grow as principals determine that they must reduce their teaching staffs for next year because of the budget cuts.

Schools that must cut teachers will have to do so according to strict rules that include a requirement that the newest hires in each credential area go first, Larry Becker, the DOE’s head human resources executive, said today. Excessed teachers will not stay on the school’s payroll, as they have in the past, he said.

Also affected will be people who have been accepted by Teach for America or the city’s Teaching Fellows program. Becker said he anticipated that those people, who typically teach in shortage areas such as special education, would ultimately be hired by schools. But until they are, he said, the DOE will not add them to the system’s payroll.

Anagnostopoulos emphasized that the new restrictions do not represent a return to the system of forced placement, when senior teachers could “bump” newer colleagues out of positions in schools. “We are not force-placing people into schools,” she said. ”We are saying that the pool from which you as principals can choose is the pool of existing teachers.”

Responding to questions about how the cuts will affect the DOE’s central administration, Anagnostopoulos said recent budget cuts have hit Tweed disproportionately hard. She said the department would continue to fill vacant positions in its central administration but would not create new positions. “I can’t tell you when the last new hire was made,” she said.



The new restrictions suggest that the department’s true budget picture is closer to what Klein described before the City Council in March than the relatively rosy picture that Mayor Bloomberg painted last week. In March, Klein told the council that although the DOE would likely escape teacher layoffs, a significant number of other staff members might have to be laid off. Anagnostopoulos confirmed that scenario today.

The reason for the discrepancy, Klein said then and DOE officials said today in a conference call with reporters, is that the DOE’s costs are set to rise significantly because of collective bargaining agreements that guarantee certain pensions and salary increases, and because of increased costs associated with educating children with special needs.

Below is the memo that principals just received from Chancellor Klein:

Dear Colleagues,

Thank you for joining me on this morning’s webcast. I thought it was a productive conversation and I appreciated your questions. We will post the video of the webcast on the Principals’ Portal so that those of you who were not able to join us will have the opportunity to watch; in the coming days, we will be following up with more answers to the questions that you asked this morning.

In this note, I will reiterate the key points that I made during this morning’s conversation.

I don’t have all the answers—but my goal is to give you all the information I have so that you can plan more effectively for the coming school year. I feel strongly that principals are in the best position to make key educational decisions for their schools, and I want to give you the tools you need to exercise the kind of leadership that the City’s schools and schoolchildren need in these tough times. This is a hard year—and while the Federal stimulus package is making it more bearable, it does not make us whole from a budget point of view. We still face a substantial budget gap and we’re anticipating significant cuts to school budgets. The City and the State are both facing significant declines in revenue as a result of Wall Street and the overall economy.

As you know, this isn’t the first year when we’ve faced budget hardships in our school system. In the last eighteen months, we have already taken three budget cuts. We have consistently made every effort to protect schools and classrooms. During this time, we have eliminated more than 550 positions, or 8%, of the total positions in our central and field offices. We will take more cuts to central and field administration for the upcoming fiscal year, but with our central and field budgets representing only 3% of the total DOE budget, we have no choice but to find savings in our schools and classrooms. Keep in mind that we have many costs—from food and transportation to debt service and pensions—that are the price of running a big school system like ours. We have no control over many of these costs and cannot cut back in these areas.



There are a number of factors that will affect the final numbers for the 2009-10 school year, but it’s important that you know how the budget situation will affect your hiring decisions and the budget timeline for the rest of the school year. Here are the three most important facts:

FIRST, as you’ve heard me say before, principals are in the best position to know what their students and schools need to excel. This year, even though our budget situation is far from ideal, we are maintaining this principle of empowerment. We want to give you the support and flexibility you need to continue focusing on academic achievement.

SECOND, we’re expecting that the cut will be an across-the-board percentage reduction to all schools’ total budgets. While the percentage will be the same for all schools, schools will take the cuts in different ways, depending on their mix of funding streams and their mix of personnel and non-personnel allocations.

THIRD, we are going to reduce spending without laying off teachers. This is because any layoff of teaching staff is done by seniority, which would require us to force-place teachers until the least senior teachers in the City were laid off. This bumping of staff would violate the principle of empowerment and cause the kind of disruption that we need to avoid. As a result of attrition and your individual decisions to meet budget, the overall number of teachers is likely to go down, but no current teachers will be laid off. This means you will need to look carefully at cutting back other school staff and making reductions in non-personnel areas.

OUR BUDGET SITUATION

In January, when I testified before the State Senate Finance Committee and the State Assembly Ways & Means Committee in Albany, I said we faced a $1.4 billion budget gap. Thankfully, our situation today—because of the Federal intervention—is not nearly that bad. The American Recovery and Reinvestment Act will help the Department of Education avoid the situation I outlined in January for the 2009-10 school year. This Federal Stimulus Package money will go a long way—and help us to avoid massive layoffs. However, many of the costs over which we have little or no control have been growing. This leaves us with a substantial funding gap.

Between Fiscal Year 2009 and 2010, the price of education has gone up as teachers’ salaries have risen and as the mandated costs for special education services have grown. We also remain committed to some key priorities that the Mayor and I believe will help our schools and our students excel: things like giving you the tools you need to monitor students’ performance and progress; closing down failing schools and replacing them with new schools; and creating innovative programs like schoolwide performance bonuses to reward teachers who are successful at helping students make progress. As we face the 2009-10 school year, we all must start thinking about how we can cut back.

SCHOOL BUDGETS

The numbers are not set in stone; there are many variables. As we work to firm up the numbers, I want you to be able to start planning.

For starters, you should know that we plan to send you your preliminary 2009-10 school year budgets in the week of May 18. When you receive your budget, you will see how much you have to spend during the coming school year, and you will begin to make decisions about where you should cut back. I want to make this point clear: even in this challenging time, we are sticking with the principles that are at the heart of Children First. Our focus, as always, remains firmly on student achievement. We need to figure out a way to make sure our schools and students continue making academic progress, even as we cope with our budget situation. That may not be easy, but it’s what leadership is about.

As you approach this decision-making process, you should know that if you are one of the 825 schools that rolled over money from this school year, you will be able to use these funds to offset your cuts. In all, schools rolled over $95 million.

Even so, as you can imagine, the magnitude of the necessary cuts across our school system will mean that most schools will need to significantly reduce OTPS, per diem, and per session spending. This means potentially large cuts to after school and supplemental programs.

Some schools will have to reduce non-teaching personnel. Some schools will decide not to backfill positions, including teaching positions, which open up due to attrition. Many schools will need to eliminate teaching positions in order to make their cuts. As teaching positions are eliminated and as some vacancies are not backfilled, we predict that our system will have a couple of thousand fewer teachers next year. Just to be clear, in a normal year, if 4,000 teachers left the City’s public schools, we would hire 4,000 brand new teachers into the system. This year, we anticipate that we will not hire as many new teachers as leave through attrition. This means the number of teaching positions in the system will drop. But while some schools will lose teaching positions, others will not. At more than half of our schools, between the surplus roll, relatively large OTPS budgets, and other non-teacher funds, there will likely be enough money to implement cuts without eliminating any teaching positions.

STAFFING

In deciding how to implement the necessary reductions, we knew we could tell schools how to take cuts or we could allow schools to make the best decisions for their communities. We decided against the top-down approach, so we could give you the discretion you need to make the best decisions for your communities. In return for giving you this flexibility, I need to place certain restrictions in almost all school titles for the remainder of this fiscal year and next year.

Most significantly, effective immediately, you may only hire existing DOE staff, as opposed to people from outside the system. That means you must hire people who are working in other schools in the same titles or people who are in excess in those titles. Here are the specific restrictions:

Teachers: There will be no forced placements or layoffs of teachers. You may only hire existing DOE teachers, as opposed to people from outside the system.
Guidance Counselors, Social Workers: At this time, there will be no forced placements or layoffs of these employees. They will be treated the same as teachers, so you can only hire individuals who are already working in the same titles in our system.
School Secretaries, Paraprofessionals, School Aides, Family Workers: We will work to place excesses in vacancies and evaluate the situation to determine if layoffs are necessary.
Parent Coordinators: You may not eliminate your parent coordinator position. If your parent coordinator leaves, you may hire a new one either internally or from outside of the system.
Assistant Principals: You may not excess APs. To avoid any increases in the excess pool overall, given the limited number of assistant principal vacancies that we can expect, assistant principals should not be excessed. Vacant positions may be eliminated, and you can fill vacancies under existing procedures with any qualified candidate.
We are imposing these restrictions because we cannot afford to support a growing excess pool, which currently includes 1,400 staff in all titles. Any growth in the excess pool means less money that can go into schools and classrooms. The goal here is to try to absorb the reductions systemwide through attrition. We know there might not be an exact match at each school, but systemwide, there is a high likelihood that the number of reduced teaching positions can essentially be matched by vacancies created due to attrition.

Although you will have the discretion to make the cuts you feel are in the best interest of your schools, you should look carefully at non-personnel areas such as per session and OTPS. My staff will be reviewing your preliminary decisions regarding your budgets so that we can get a sense of what the overall impacts are on the system. While you will have the discretion to make the decisions you think best fit your schools, if these decisions seem to tilt too heavily toward excessing, I will ask that you rethink your budget priorities.

We will review our hiring restrictions weekly, and as we move forward, we might lift them in certain geographic and subject areas. For example, we may hire new teachers in shortage areas like special education and science. It is possible that for some subject and geographic areas the hiring restrictions will continue to be in effect through the opening of school.

So, to be clear: at this point, you can interview and select any teacher who is currently working in a public school or is in the excess pool. As in past years, you can use the Open Market system for this purpose until August 7, when it closes. The Open Market includes both excessed staff and employees who wish to transfer. It is worth remembering that teachers newly excessed by the budget cuts will, for the most part, be new teachers who many of you have hired in the past few years.

Some of you might have made informal commitments to prospective candidates outside of our system. You should reach out to these people and tell them that they will have to wait; those jobs might not actually be there and that you are unable to hire them at this time. We are making no commitments to candidates, including Teach for America and Teaching Fellows candidates, although these programs are recruiting teachers for shortage areas where there is a stronger possibility that we will have some new needs in the coming months.

New schools will be partially subject to the new hiring restrictions. Many new schools are already under a contractual requirement to hire half of the qualified staff from closing school. All new schools must hire at least 50% from current staff (from the closing school or elsewhere in the system), but will be able to hire 50% of their teachers from outside of the system. This applies to new schools that are ramping up during their first three years.

I want to reiterate that for our hiring restrictions to work so that we can avoid bumping and forced placement, schools have to commit to hiring from within the DOE. We are going to place limitations on part-time hiring and the use of substitutes as these strategies will also undermine our ability to avoid increases in the excess pool. In addition, I want to emphasize that you should not, indeed may not, use excessing as a means of removing staff with performance issues from your schools. There is another way to deal with performance issues and we will support you in those efforts. While these restrictions limit your choices more than in most years, it is the only strategy that will preserve choice. You can decide whether to hire and whom to hire, so long as the teacher comes from within the system.

NEXT STEPS

We expect to get budgets to schools in the week of May 18. At that point, you will be able to work with your ISC and SSO budget representatives to plan your budget for the coming school year. Each school will face different choices. It is important that you work with your teachers and the other members of your school community to make the best decisions with respect to your budget.

We will review the school budget submitted by each principal to ensure that indicated reductions in teaching positions will be covered by the expected attrition across the City. If not, the principals will be provided with additional guidance to avoid some of the proposed reductions in teaching positions.

Principals with expected teacher openings from attrition and enrollment growth should immediately inform their ISCs. This way, we will be able to help you plan. You, of course, retain the power to decide who you hire.

We will hold budget meetings at the Citywide and Community Education Councils in May and June. The Panel for Educational Policy and the City Council vote on the budget in June. This is the moment when everything is finalized, so until this moment, we are working in a situation of uncertainty.

CONCLUSION

We know it’s going to be a challenging year, but working together, I’m confident we can keep focused on our shared goal of student achievement. During this difficult time, I would like to thank you for your hard work and support. I don’t think there’s any group of people better equipped to make this work than New York City principals.
If you have any follow up questions, please email DOEstaffing@schools.nyc.gov. I also encourage you to come to one of two sessions—on May 13 and May 20—when I will be discussing more details of this year’s budget situation with principals. You can register for one of these sessions by clicking here: http://www.zoomerang.com/Survey/?p=WEB2295TMATML6. If you have specific questions about your school, you can always contact your ISC or CFN staff.

Sincerely,

Joel I. Klein

May 7, 2009
Schools Chief Bans Hiring of Teachers From Outside
By JAVIER C. HERNANDEZ

Anticipating significant budget cuts to New York City schools in the coming year, Chancellor Joel I. Klein ordered principals on Wednesday to stop hiring teachers from outside the system, a move that will force them to look internally at a pool that, according to an independent report, includes many subpar teachers.

The Education Department suggested that principals could fill spots with teachers in the so-called absent teacher reserve pool, which includes educators whose jobs have been eliminated because of school closings or downsizing.

Mr. Klein’s order marked a turnaround for the department, which had resisted efforts to find permanent teaching jobs for the 1,100 teachers in the pool, many of whom came from poor-performing schools and were six times as likely to have received an unsatisfactory rating than teachers not in the pool, according to the independent report. The Education Department had been content to pay their salaries while they worked as substitutes.

Mr. Klein said the dreary economy had forced him to order the hiring restrictions, which he said were needed to avoid layoffs. The report, released last year by the New Teacher Project, which recruits and trains educators for school systems, estimated that the pool cost the city $81 million over two years.

The hiring restrictions seem to throw a wrench into what has been a hallmark of Mr. Klein’s education reform efforts: giving principals the freedom to hire educators of their choice as they try to create high-performing schools.

Education officials said that vision had not been undermined. They said that as principals trim their budgets, less experienced teachers are likely to be cut and placed in the reserve pool, giving principals more hiring options. And principals will still be able to hire teachers seeking to transfer.

Under the restrictions, the city will no longer hire thousands of teachers for the start of school in September, though they may make exceptions for teachers who specialize in high-needs areas like bilingual special education.

In 2008, the city hired 5,725 teachers, including about 2,000 rookie teachers from programs like Teach for America or the city’s Teaching Fellows program. Larry Becker, who oversees human resources for the school system, said the city expected a large enough demand in certain high-needs areas that it could still hire about half the number of teachers it usually does from Teach for America and the Teaching Fellows program.

Timothy Daly, who runs the New Teacher Project, said he was worried that principals would no longer be able to find the best fits for their schools.

“Schools are going to have great teachers who they would like to hire, who they won’t be able to hire,” Mr. Daly said. “It can’t be best for kids.”

Mr. Klein said his staff would closely monitor the availability of teachers in the pool and could lift the ban if, say, there were not enough teachers there who specialized in science or special education.

Randi Weingarten, president of the teachers’ union, said she was pleased that the department was encouraging the use of reserve teachers. “I give them credit for seeing what a waste of talent and money this is, and for actually now switching gears,” Ms. Weingarten said.

The reserve pool was created in a pact between the city and the teachers’ union that ended seniority rights in staffing decisions and stopped the automatic transfer of teachers whose positions were eliminated.

School officials had said they would rather absorb the cost of the teachers in the pool than force principals to accept teachers they did not want. Last year, education officials, after negotiating with the union, agreed to make up the difference between the salaries for experienced teachers and rookie teachers.

Mr. Klein said the hiring restrictions, which do not apply to new schools, was better than allowing layoffs, which would mean cutting teachers in order of seniority and essentially restoring forced placement of teachers in schools.

Mr. Klein has been giving principals more oversight of school staffing and budgets. In exchange, principals are punished or rewarded for their progress in creating high-performing teams and institutions.

Chiara Coletti, a spokeswoman for the principals’ union, said Mr. Klein’s decision was “fiscally prudent.”

“If this were the way it was going to be permanently, we would be concerned,” she said. “But we know that it is temporary, and there’s going to be give-and-take from all of us right now.”

For one set of teachers, the hiring freeze is a long-awaited gift

Posted By Philissa Cramer and Elizabeth Green On May 6, 2009 @ 11:10 pm

Tuesday, May 5, 2009

NEWS ALERT: Principal of PS 154X is Removed

Principal Linda Amill Irizzary of PS X154 was removed from her position on May 4, 2009, only weeks after the Assistant Principal Derrick Townsend was sent to the Bronx "rubber room" for allegedly harming the children in the school. Parents and teachers were angry and upset at the duo.

New York Board of Education Administrator Marsha Elliott assumed the position formerly held by Irizzary on May 5, 2009.

Betsy Combier

The article posted on this blog in February:

What is going on at PS 154X in the South Bronx? And what is Joel Klein doing about it?

Teachers are in an uproar at PS 154X in District 7 in the South Bronx. A source there has told us that one of the Assistant Principals, Derrick Townsend, is harming the children with rough and abusive actions that are excessive. They say that what is happening at PS 154 does not serve the best interests of the children.

The school has 500 students, yet there are three assistant principals. The school has an "administrative teacher" and basically no one knows what her duties entail. There is no SAVE room because as the principal has said, according to teachers, "I don't believe in the SAVE room", and "I do not wish to discipline students".

Students are moved out of a CTT class into a mainstream class without parental notice or consent. The 12:1:1 kindergarden class is currently being taught by the third teacher in the classroom for this year, and there are many questions as to whether or not any of the children in this class are appropriately placed. When a student from this class was asked to leave with AP Townsend, and this student decided that he did not want to walk any more, Mr. Townsend dragged him 40 feet down the hall (September 29, 2008).

Also from a source at the school:

On February 13, 2009 a young third grade girl told her teacher that a boy had touched her. Mr. Townsend went to the classroom and humiliated the girl. A struggle ensued, leaving the girl's arm buised. She was taken to the nurse, who said the bruises were "old".

On or about November 7th 2008 AP Derrick Townsend grabbed a 3rd grader by the shirt, dragged him and tore the boy's shirt. The mother, who is in the school everyday, was never initially informed.

On October 14 student A in the 5th grade said he wanted to blow up the school. His punishment - he can't go outside for lunch and that he has to do "community service" for two weeks with a first grade class at that time - was never carried out. Nor was it ever reported.

A student has made several threats to a teacher. The principal's reaction has been to give more counseling to the student and it has never been reported. There is no SAVE room, so students that act up are simply placed in another classroom, disrupting instruction at the new location. Similarly, students are brought into the school after being suspended from other schools and placed in PS 154X classrooms at random. Almost always this starts trouble. Sometimes these displaced students are supposed to receive special education related services and/or staffing, which, as the teacher at PS 154 does not have the IEPs, cannot be provided. Often, a student who gets disruptive, spends the rest of the day in the office with Mr. Townsend, without any instruction.

Gotham Schools also has the 'resignation' of Irizzary:

At a South Bronx school, a teacher blogs and a principal resigns
Posted By Philissa Cramer On May 5, 2009 @ 6:33 pm
LINK

Nine months after an anonymous teacher-blogger began waging an online campaign against the leadership at his school, PS 154 in the Bronx, the principal that he skewered has decided to resign.

As of today, Linda Amill-Irizarry is no longer the principal at PS 154, DOE spokeswoman Ann Forte confirmed for me. Amill-Irizarry, who before becoming PS 154’s principal was briefly the superintendent of District 8 in the Bronx, is taking a position in the Leadership Learning Support Organization, one of the outside support networks that schools can partner with. PS 154 has been part of a different network, the Empowerment Schools Organization.

Marsha Elliott has been appointed as interim acting principal, Forte told me. Elliott was formerly an assistant principal at PS 50 in the Bronx, and she also led PS 158 while it was being phased out due to poor performance. According to The Chief-Leader [1], a newspaper produced by the city’s labor organizations, Elliott was fined last year by the city’s Conflict of Interests Board for encouraging staff members at PS 158 to visit the church in Queens where she and her husband were co-pastors.

Forte said there is an open investigation of Amill-Irizarry in the Office of Special Investigations, the DOE’s in-house unit that examines allegations of wrongdoing in the city schools. Forte she said she could not characterize the allegations against the former principal but said the investigation would continue.

For the last nine months, the teacher-blogger has documented what he says is illicit behavior at PS 154, charging that Amill-Irizarry and an assistant principal, whom he nicknamed “Numb Nuts,” failed to report incidents according to required procedures. The teacher reported yesterday on his site, SouthBronxSchool.blogspot.com [2], that it appeared that his principal, whom he briefly named [3] back in January, would be leaving the school. He wrote that he would be removing old content from the site and changing the focus of his postings. The blog “has served its purpose in its current incarnation,” the teacher wrote. “It’s a time for healing.”

Amill-Irizarry’s resignation marks the second time in recent weeks that a principal under siege has chosen to leave his or her school. At MS 8 in Queens, teachers and parents protested [4] outside the school every day for weeks against their principal, John Murphy, whom they called “disrespectful” and abusive. The DOE stood behind Murphy, but Schools Chancellor Joel Klein accepted Murphy’s resignation [5] last week, saying that Murphy had decided he would rather step aside than continue to be a distraction at the school. Murphy had been previously resigned from the principalship of a school in Connecticut after parents and teachers there campaigned against him.

Here is an article published by the TimesLedger Newspapers in Queens on Murphy's 'resignation':

CONTROVERSIAL MS 8 PRINCIPAL MURPHY RESIGNS
BY IVAN PEREIRA, www.yournabe.com
April 30, 2009 --
LINK

Principal John Murphy resigned from his position at Middle School 8 in Jamaica Tuesday, after more than a month of protests from the Jamaica school's teachers who claimed they had been on the receiving end of his tyrannical behavior.

Schools Chancellor Joel Klein said the controversial administrator stepped down as the principal of the school, located at 108-35 167th St., because he did not want to create a bad learning environment.

"Principal Murphy has come to believe that his continued presence at MS 8 is distracting from the school's learning environment and focus on student academic performance," Klein said in a statement released Tuesday, hours after Murphy submitted his resignation papers.

Murphy, who came to the school in the fall of 2005, has been accused by past and present school staff of harassment. Assistant Principal Cheryl Spencer will act as the intermediate principal until the Department of Education finds a permanent replacement, according to the chancellor.

The news of Murphy's resignation pleased Christina Rozeas, a former MS 8 guidance counselor who was fired by Murphy last year.

"I think it's a good thing for the school. The assistant principal is awesome. She has a better relationship with the children," she said.

Last month Murphy allegedly scolded teaching aide Nyasia Johnson, causing her to have a panic attack and to be sent to the hospital in an ambulance, according to the police. The incident prompted the school's staff to hold daily protests at the school, demanding that the DOE remove Murphy as principal.

The agency and the principal's union backed Murphy despite the outcry and cited his 3-1/2-year record at the school. The school went from a D rating in the 2007 report card to a B rating in its 2008 report card.

Klein continued to praise Murphy for his work at the school.

"I thank him for his service and congratulate him and the entire school community, including teachers, students, and parents for the accomplishments of recent years," he said in the memo about the resignation.

Teachers claim the report card grade was inflated because Murphy threatened to fire teachers who did not promote failing students. In a 2008 e-mail memo obtained by the TimesLedger, Murphy ordered teachers to promote 20 students who failed.

"Remember how we did it last year... We moved them up, and then gave them MEGA EXTRA help," he wrote in the e-mail.

This is not the first time Murphy was forced to step down as a school head. Before coming to Queens, Murphy was principal of Danbury High School in Connecticut for less than six months before being compelled to resign, according to Leroy Gadsen, the head of the Jamaica NAACP, which investigated the principal for suspected civil rights violations.

Murphy allegedly harassed staff members in the Connecticut school, leading to numerous complaints against him, according to the NAACP head.

"We hopefully now can return to a place of normalcy where these kids can get a good education," Gadsen said.

Reach reporter Ivan Pereira by e-mail at ipereira@cnglocal.com or by phone at 718-229-0300, Ext. 146.

and the Daily News:

Teachers call for ouster of principal John Murphy, accused of outburst that sent aide to hospital

BY Clare Trapasso
DAILY NEWS WRITER

Friday, March 27th 2009, 4:00 AM
Related News
Articles

* Principal of Queens' Junior High School 8 John Murphy's outburst sends teacher's aide to hospital
* Middle School 8 principal gets backing from Education Department

It can't be easy being John Murphy.

Last week, the Middle School 8 principal was accused of a verbal outburst that upset a teacher's aide so badly that she went to the hospital.

This week, teachers protested outside the Jamaica, Queens, school every day calling for his removal.

They accuse Murphy - who many say is abusive to teachers and staff - of intimidating them into inflating grades to boost the school's ratings.

"We were told last year that we could not fail a child under any circumstances," said Melissa Weber, an eighth-grade social studies teacher.

"Failures, suspensions and school incidents all play into your school's grade."

Weber said she found out the hard way how important that was to Murphy after she failed five of her 120 students last year.

"I was called into his office and asked how dare I not follow a directive," Weber recounted. "He explained to me that I had to change them. ... I was afraid that I was going be fired if I didn't."

Weber is one of several teachers who say they were told not to fail students.

Murphy could not be reached for comment Thursday.

Pressuring educators to change grades is a serious offense, said Jay Worona, general counsel for the New York State School Boards Association.

A principal who alters grades to make a school look good can lose his or her administrator's certification and job, he said.

Following the incident with the teacher's aide, city Education Department officials said there were no plans to fire Murphy.

"Under Principal Murphy, [MS] 8 has improved from a D to a B, and the school just came off the state's list of failing schools," said agency spokesman David Cantor.

But the agency is investigating Murphy for the teacher's aide incident and another case - not necessarily for grade inflation - an official said.

Inflating grades isn't the only thing Murphy's been accused of since he came to MS 8 in 2005.

"He's had consistent complaints of harassment, intimidation and demonization of the teachers, parents, students, volunteers," said City Councilman Leroy Comrie (D-St. Albans). He has urged Murphy be removed.

That doesn't surprise William Murray, president of a Connecticut teachers union.

Trouble has followed Murphy since he was principal of Danbury High School - from the summer of 2003 until he resigned in March 2004, said Murray.

"Some people felt that he was intimidating," Murray said. "The whole climate was not pleasant."

Teachers such as Deborah James, an MS 8 special-education instructor, are hoping Murphy resigns again.

"We plan to demonstrate until his removal," James said.

Principal of Queens' Junior High School 8 John Murphy's outburst sends teacher's aide to hospital
BY Henrick Karoliszyn And Wil Cruz
DAILY NEWS WRITERS, Thursday, March 19th 2009, 12:12 AM

A Queens principal with a reputation for blowing his top snapped at a teacher's aide Wednesday, an outburst that sent the nerve-racked assistant to the hospital, sources and officials said.

Nyasia Johnson was so rattled after a verbal tongue-lashing from Junior High School 8 Principal John Murphy that she called paramedics, officials said. Cops responded to the Jamaica school, too, but no charges were filed.

Johnson was taken to Long Island Jewish Medical Center, where last night she was being evaluated for headaches, shock symptoms and elevated blood pressure.

"She's hanging in there," said a friend from the hospital's emergency room.

Teachers at JHS 8 described the incident as the latest eruption from a principal who runs the school with an iron fist. They said Murphy confronted Johnson after a student became disruptive.

Don Kaplan, a 61-year-old school psychologist, said Murphy treats teachers with disdain.

"He's very disrespectful to teachers," he said.

Other teachers agreed, claiming Murphy yells, is oppressive and is a "snake in the grass."

"Dr. Murphy has acted like 'Dr. Jekyll and Mr. Hyde,'" music teacher David Butler wrote in a list of complaints he is keeping. "[Murphy's] efforts at intimidation and harassment [have] caused a number of teachers to cry, bang on walls and even want to quit."

Murphy could not be reached for comment. School officials would not take a message for him and deferred questions to the Department of Education.

An education spokeswoman said Murphy confronted Johnson after she was sitting at a desk while the teacher was working with a student. That's when Johnson became distraught.

The Council of School Supervisors and Administrators, the principals union, said the incident was under investigation.

Still, the council defended Murphy's track record at the school.

"Junior High School 8 has improved since John Murphy took over as principal in 2005," said a spokeswoman.

The school's rating has improved to a B grade from a D last year. Murphy has tried to oust 15 teachers after the grade improved, angering the union, sources said.

Before coming to JHS 8, Murphy worked at a Danbury, Conn., school. Officials there could not be reached for comment.

wcruz@nydailynews.com

With Meredith Kolodner

Monday, May 4, 2009

Michael Bloomberg, Mayor and CEO of Bloomberg L.P., is Sued by 80 Women For Discrimination

The alleged actions of the Mayor of New York City would put him out of the running for any office in a normal political world. New York City is not in that category, so probably nothing will happen to distract Mike Bloomberg's winning a third term.

In the New York City Board of Education, allegations such as those given by 80 female Plaintiffs in their Federal lawsuit against Mayor Bloomberg would put him in a "rubber room" until the charges are substantiated or disproved.Mr. Bloomberg's propaganda machine will be getting hefty raises for their work on this, that's for sure.

The last paragraph says that this federal discrimination case will impact Mike Bloomberg's political career only if we, the public, Bill Thompson and the media, allow it to. Let's do that.

I suggest that Mayor Bloomberg be placed in a temporary re-assignment center until the case against him is resolved.

Deposing Mike: The Bloomberg L.P. discrimination suit returns to bedevil the mayor. Will it affect his reelection?
By Geoffrey Gray, New York magazine, May 1, 2009



When government lawyers filed a lawsuit against Bloomberg L.P., alleging widespread discrimination against employees who went on maternity leave, Mayor Bloomberg more or less called the whole thing a publicity stunt. “What’s happening,” he told reporters, “is that because I’m so visible, that obviously I’m a target.” And, in fact, his office banter, as alleged in lawsuits, was what made the headlines: Who would have thought that behind his carefully crafted technocratic image might be someone so crude and fratty? Now, as Bloomberg rolls out his reelection effort, he will have to answer all these allegations yet again. More interesting, Bloomberg might also have to shed light on how much he continues to control the company he founded.

On the morning of May 14, Bloomberg is scheduled to appear at the Equal Employment Opportunity Commission offices for a deposition, according to sources close to the case. A deposition of a company boss is standard procedure in lawsuits like this, but the federal case, which is now being brought on behalf of 80 women, stands to be a campaign distraction. If it goes to trial next year, it could also haunt the start of his third term. Bloomberg would not confirm the deposition date and declined to comment on the allegations.

According to the lawsuit and claims made in other discrimination suits, Bloomberg L.P. was a company that “prizes physical image” and “People Product”; where female employees were encouraged to wear “short skirts” and “ ‘fuck me’ shoes”; where bosses said, “I’m not having any pregnant bitches working for me”; and where Bloomberg allegedly once told a senior sales executive, “Kill it! Kill it!” (And apologized afterward.) Bloomberg L.P. claims it has a generous maternity policy, but the Feds are now charging in amended papers filed in March that it not only discriminates against pregnant women but retaliates too, by docking pay or threatening termination.

Bloomberg, who acquired Merrill Lynch’s 20 percent stake in his own company last July and now owns more than he did before becoming mayor (88 percent, worth roughly $20 billion), can’t be looking forward to Thursday morning. At first, he seemingly couldn’t believe he was getting dragged into the mess. (“As you know, I haven’t worked there in an awful long time.”) Later he admitted that he’d discussed the allegations with company execs (“I am the majority owner … I’m absolutely entitled to talk to the senior people … I’ve been doing that since I became mayor”). One of the last times a reporter asked him about the case, he lashed out, saying, “You’ll have to ask the company, and next time don’t bother to ask us a question.”

He’ll have to answer these questions under oath, however. When Bloomberg ran for office, and allegations surfaced of the discrimination and his obnoxious office talk, they didn’t make much of an impact. They were never proven and he rarely addressed them. Voters also seemed to understand that the business world could be like that. Today, Bloomberg is a politician, and what he says will be indicative of how he’s changed.

“It’s a minor variable that will only be effective if placed in the greater message of ‘Mike Bloomberg doesn’t feel your pain, and he doesn’t want to,’ ” says Baruch College professor Doug Muzzio. The question is whether his presumptive opponent, Bill Thompson, is capable of making that charge stick.