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Friday, November 12, 2010

Emergency Protests in Manhattan and at Brooklyn Burough Hall; Criticism Widespread Against Black

Protests against Cathie Black's chancellorship are coming from all boroughs, even the New York State Assembly. Please take note of the fact that the Borough Presidents are 100% behind Black. The Borough Presidents are the people who appoint members to the Panel For Education Policy, and are showing how little respect they and their appointees have for all the parents, children and teachers in NYC public schools.

Betsy Combier

MEDIA ADVISORY
CITIZENS GROUP FORMS TO OPPOSE GRANTING OF WAIVER TO CATHERINE P. BLACK; PRESS CONFERENCE TOMORROW

November 13, 2010, New York, NY. A press conference will be held tomorrow, Sunday, November 14, 2010 at 1 PM, in front of the Tweed Department of Education Building at 52 Chambers Street, Manhattan, where civil rights leaders, concerned citizens, parents of public school students and current and former public school students and teachers of New York City will release their letter sent to New York State Education Commissioner David Steiner, urging him not to grant New York City’s request for a waiver for Cathleen Black to become the next Chancellor of the New York City Public Schools.

The letter, in part, states:

“Because the leader of the New York City public schools is critical to the raising of academic levels of our children, and because we believe in equal opportunity as the best process for recruiting and evaluating competitive candidates for a job that deserves excellence... we
respectfully and strongly urge you to hold the Mayor’s appointee to the standards and qualifications set out in the statute for school superintendents…

“The fact that Mayor Bloomberg did not undertake a public search in accordance with equal employment opportunity principles in itself raises significant public policy issues, as well as the specter of cronyism.”

WHAT: PRESS CONFERENCE
WHEN: Sunday, November 14, 2010----1 PM
TIME: One o’clock in the afternoon
WHERE: Tweed Education Building–52 Chambers Street
CONVENERS: Norman Siegel, Civil Rights Attorney
                          Michael Meyers, Executive Director, NY Civil Rights Coalition
                          Leonie Haimson, Executive Director, Class Size Matters

PARTICIPANTS: Leonie Haimson, Class Size Matters
                               Michael Meyers, New York Civil Rights Coalition
                               Norman Siegel, Civil Rights Attorney
                               Lavinia Forts, Staten Island Parent
                               Philip De Paolo, Brooklyn Parent

And others

For further information, please contact: Michael Meyers at 212-563-5636;
Leonie Haimson at 917-435-9329 or Norman Siegel at 347-907-0867.


EMERGENCY!!!

Join me, Chris Owens, on Monday, November 15th, 10:00 AM, at a Brooklyn Borough Hall press conference to protest the selection of another schools Chancellor with no education experience. We need parents to come out and join us. Contact me regarding the program. If you can't be there in person, please send your remarks to me at chris@owensforchange.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

To read my position on this matter, please click here.

Thank you!

Hon. Chris Owens
District Leader, 52nd Assembly District
Member, NY State Democratic Committee
646-450-3552
chris@owensforchange.com
http://www.owensforchange.com/

Assemblywoman Vanessa Gibson agrees:

Friday, November 12, 2010
Assemblywoman Gibson Criticizes Mayor's DOE Pick
LINK

Add Bronx Assemblywoman Vanessa Gibson to the growing list of legislators criticizing Mayor Bloomberg's appointment of Cathleen Black as the city's new Schools Chancellor.
In a letter to David M. Steiner, the commissioner of the New York State Education Department, Gibson said she "remain[s] troubled that Cathie Black would assume the role of Chancellor without neither substantial nor comprehensive educational or professional experience in teaching."

State law requires that school chiefs hold certain qualifications, including a professional certificate in educational leadership. But the law also allows the commissioner to make exceptions. Joel Klein, the outgoing chancellor, was given a waiver when he was offered the job in 2002, and Gibson doesn't want a repeat. Her letter, which was released to the press, is embedded below.

Gibson's letter
 
Tony Avella:
November 10, 2010 2:02 PM 4 Comments
Tony Avella: Deny Cathie Black A Chancellor's Waiver
By Celeste Katz
LINK

He's not yet in state Sen. Frank Padavan's seat, but Senator-elect Tony Avella is already out with a letter asking Education Commissioner David Steiner to deny Cathie Black the waiver she needs to become the next NYC schools chancellor.

Simply put, Avella agrees with those who say a professional educator -- which Black is not -- belongs in the job, not a magazine magnate who sent her own kids to an out-of-state private school.

Read for yourself:
Avella Letter to State Commissioner of Education Re Cathie Black

Read more: http://www.nydailynews.com/blogs/dailypolitics/2010/11/tony-avella-deny-cathie-black.html
 
Who is Cathie Black ... chairman of Hearst Magazines is Bloomberg's pick to replace Joel Klein

November 10, 2010 11:11 AM
Cathie Black - For Better Or Worse?
By Celeste Katz, Daily Politics
LINK
I got a slew of responses to Mayor Bloomberg's pick of Hearst Magazines exec Cathie Black to come in as NYC schools chancellor after Joel Klein leaves, so here's a selection of excerpts of what I heard. I'd be very interested to hear YOUR thoughts on this too... We will be having a livechat on this in a short while - stay tuned for more info!

Manhattan Borough President Scott Stringer: "While Cathie Black wasn’t on most people’s draft boards to become the next schools chancellor, she has been an all-star in the publishing world for years. I am glad to hear that her first order of business will be reaching out to parents, teachers, and other members of our school community, and I look forward to working with her to help improve city schools for all of our 1.1 million students."

Brooklyn Borough President Marty Markowitz: "On behalf of Brooklyn and our borough’s more than 300,000 public school students, their parents, guardians and teachers, I wish Chancellor Klein well and look forward to working with Cathie Black as she takes the helm of the Department of Education.”

Bronx Borough President Ruben Diaz, Jr: "In many ways Bronx parents and parents throughout the city have lost confidence in the Department of Education, and I am hopeful that Ms. Black will usher in a new era of collaboration and community responsiveness at the DOE while we work together to improve our public schools for the 1.1 million children who rely on them."

Brooklyn State Assemblyman Nick Perry: “A quick review of what is known about the background of Mayor Bloomberg’s announced choice, raises a lot of questions as to the direction, and the real agenda for our public education system. It is of concern that the newly appointed chancellor appears to have no significant educational background, as required by NYS Education Law. Furthermore, she was raised in a private school system, and subsequently raised her children in a private school system, it is very difficult to believe that a person who has such a strong history steeped in private education, will be able to appreciate the diverse and difficult challenge of running the NYC Public School System. Under NYS Education Law, Ms. Black, will not be able to officially assume the position without a waiver by the NYS Board of Regents and just a quick glimpse at her profile raises significant questions as to how such a waiver might be justified.”

Eva Moskowitz, Founder and CEO of Success Charter Network: “There are more high-performing public school options for parents in New York City than ever before, largely because of the climate that Chancellor Klein created for new schools that could be designed around excellent teaching and learning. Years from now, when we reach a day when all children in the city are offered the education they deserve, we will have Chancellor Klein to thank for the tough work of getting the reform ball rolling.”

Read on...
NYC Public Advocate Bill de Blasio: “I want to thank outgoing Chancellor Joel Klein for his service to our City. While I have not agreed with every decision he’s made, I sincerely respect his dedication to our children and the improvements he fostered in our schools. I also wish to extend a warm welcome to our new Schools Chancellor Cathie Black. I look forward to working with her to address the challenges still facing our education system, especially parental engagement and improving academic achievement for all students.”

Joe Williams, Democrats for Education Reform: “There is no doubt that New York City’s students have access to better schools and greater education opportunity today, than when Chancellor Klein took office 8 years ago. From his support for public charter schools, to his emphasis on accountability, Chancellor Klein has been a warrior for progressive education reforms and most importantly, an invaluable ally to our city’s children. We’re similarly excited to begin working with Chancellor Black to continue building on these important reforms and ensuring that every child in NYC gets a great education.”

City Councilman David Greenfield: “I welcome Cathie Black as the new chancellor of the Department of Education. As a member of the New York City Council’s Education Committee, I look forward to working closely with Ms. Black and hearing her vision for New York City schools. I believe that Ms. Black deserves a chance to succeed before others declare that she is a failure. I am especially gratified that she has broken the glass-ceiling of the New York City Department of Education.”

City Councilman Charles Barron (via the NYO): "My concern is not with who is stepping down, it is with who is stepping up. C'mon now. She is not an educator. How many times are we going to make this mistake? She should not be in there. This city has some great educators in the Black and Latino community. It's time to consult those educators."

Changes in Personnel at Tweed and NYSUT

Hmmmm......Chairman Chang resigned from the Panel For Educational Policy. I'll gladly receive any emails or calls from anyone who can give me the real scoop on why.

Of course, as everyone knows I believe all the PEP members should resign, because sooner or later they will probably be sued by NYC parents for harming their children and they all should run for the hills while they still have a chance. PEP members all know, or should know, that you have no legitimate right to vote on teacher terminations, approve school closings, etc. You are all appointed, and therefore do not directly represent anyone. I think we had a revolution several years ago about "no taxation without representation", didn't we?

FOR IMMEDIATE RELEASE


November 12, 2010

No. 466

http://www.nyc.gov/

MAYOR BLOOMBERG APPOINTS ROBERT REFFKIN TO THE PANEL FOR EDUCATIONAL POLICY

Panel Chairman David Chang Resigned Last Friday

Mayor Michael R. Bloomberg today appointed Robert Reffkin to the Panel for Educational Policy, replacing Chairman David Chang who resigned from the Panel on Friday, November 5th, 2010. Mr. Reffkin is a Vice President in the Principal Investment Area of Goldman Sachs & Company. Prior to joining Goldman Sachs, he was an Associate in the Mergers & Acquisitions Group at Lazard Frères, where he founded the firm’s Sponsors for Educational Opportunity Professional Internship program for minority students.

“In our efforts to reform and improve New York City public schools, David has been an invaluable member of the Panel for Educational Policy for eight years,” Mayor Bloomberg said. “Robert will be able to build on that progress by bringing exceptional problem solving skills and civic commitment, which will serve our schools and children well.”

"I want to thank David for his hard work and commitment to serving New York City’s public schools,” Chancellor Klein said. “His leadership and knowledge as an educator have been instrumental in our work to implement educational reforms. Robert’s professional background will be an asset to the Panel for Educational Policy and will help us successfully meet the Mayor’s educational goals.”

“I am incredibly honored to be appointed to the Panel for Educational Policy,” said Robert Reffkin. “Education provides the best pathway to opportunity, and I believe it is the most important issue facing New York City and our country. I look forward to working with Mayor Bloomberg and the Department of Education to ensure that all students in New York City have access to an education that will prepare them for the challenges of the 21st century.”

Mr. Reffkin currently serves on the boards of the Citizens Committee for New York City and New York Needs You – a nonprofit he founded to provide mentorship to first-generation college students. He is an Adjunct Professor atBrooklyn College where he teaches Small Business & Entrepreneurship. In 2005, he was appointed as a White House Fellow to serve as a special assistant to the Secretary of the Treasury. He is the former Chairman of the Board of Trustees for the Bronx Success Academy 1. Mr. Reffkin earned his B.A. from Columbia University and M.B.A. from Columbia Business School.

The Panel for Educational Policy was created to replace the former Board of Education and is responsible for approving standards, policies and objectives directly related to educational achievement and instruction, as well as the Chancellor’s regulations and department contracts. The Mayor appoints eight panel members and each Borough President appoints one. The new Chairman of the Panel will be elected at the Tuesday, November 16th meeting.

Contact: Stu Loeser/Jessica Scaperotti (212) 788-2958
Natalie Ravitz/Deidrea Miller (Education) (212) 374-5141

At NYSUT, Chief Counsel James Sandner has retired.

It's Not Mayoral Control That Schools Need, It's Teamwork

Rutgers University has come out with research that Mayoral control does not improve student performance. Here in New York City we - at least I - have the opinion that raising student achievement was never the focus of Mayor Mike Bloomberg and Joel Klein (privatizing public education was), so the study may not answer the gnawing question of why the Bloomberg/Klein administration is such a disaster for NYC public schools.

However, I may agree with the comment that Mayoral control, valid and consistent accountability, transparency and teamwork with all parties involved will bring about reform. Please leave your ego at the door when you sign in.

Betsy Combier

Newark Mayor Cory Booker's school reforms may not improve student performance, study says
Jessica Calefati/The Star-Ledger, October 12, 2010
LINK
                              Newark Mayor Cory Booker, Facebook founder Mark Zuckerberg
and NJ Gov. Chris Christie make their official announcement of the Facebook deal at Robert Treat Hotel.

NEWARK — Newark Mayor Cory Booker’s commitment to reform his city’s struggling schools may not help increase students’ performance in the classroom, according to research being presented today by the Institute on Education Law and Policy at Rutgers-Newark.

The study’s authors examined public school governance models in nine cities demographically and politically similar to New Jersey’s state-controlled school districts and found "no conclusive evidence" that greater mayoral participation in their governance led to improved student test scores.

"Student achievement has been the toughest nut to crack," the report says. "While school leaders tout many improvements in test scores, attendance and graduation rates, in fact we were unable to establish conclusively that the change in governance had any causal relationship to improved performance."

The study, produced by Rutgers staff with specialties ranging from economics to education law, is the latest in a series of national reports to review the effect of mayoral control over a large urban district. It was produced for the state education department as it develops a plan to have local municipalities regain control over schools in Newark, Paterson and Jersey City — three urban districts that are operated by the state.

The study looks at districts in Baltimore, Boston, Cleveland, Chicago, Detroit, Hartford, New York, Philadelphia and Washington, D.C.

Paul Tractenberg, a Rutgers law professor and a principal author of the study, said the investigators who produced the study concluded that mayoral control is not the "magic bullet" for urban school reform it’s sometimes portrayed to be. The process also leaves parents and community groups complaining that they are left out of the policy-making process.

Researchers did, however, find that mayoral control brought stability, greater attention and increased public and private funding to the districts examined.

"Mayoral involvement, if not control, should at the very least be considered as part of an overall district improvement strategy," the report says.

The study’s findings are particularly relevant to Newark, where Booker has formed a partnership with Gov. Chris Christie and Facebook founder Mark Zuckerberg in an attempt to transform Newark’s failing schools. The trio appeared on the "Oprah Winfrey Show" three weeks ago to announce Zuckerberg’s donation of a $100 million challenge grant to jump-start the effort.

While Zuckerberg made his high-profile pledge under the expectation that Booker would lead the district’s reformation, and Christie authorized the mayor to develop a reform plan with input from the community, Booker has no legal authority to fix any part of his city’s broken school system.

David Sciarra, executive director of the Education Law Center in Newark, has threatened to sue the state if Booker makes any decisions about the Newark schools.

In response to the Rutgers report, a spokeswoman for Newark said city officials realize it takes multiple forces, not just leadership, to improve the public school system.

"The reform initiative we will pursue does not include a formal change to school governance as it is explored in the Rutgers report, but is rather a community-driven effort that will solicit the voices of all Newarkers — students, parents, teachers, local leaders and concerned citizens alike — to shape a shared vision for how best to improve our public schools," Esmeralda Diaz Cameron said.

"We recognize that no single governance structure or individual will transform our school district; it will take the collective action and participation of our entire community to ensure that every Newark child has access to a high quality education," she added.

Past research on the efficacy of mayoral control is mixed. Kenneth Wong, an education policy professor at Brown University, studied five years of student achievement data and 10 years of spending data in a dozen urban school districts with mayoral control, and found they outperformed their counterparts controlled by school boards.

"Mayoral control systems do indeed perform better than their peers," said Wong, author of "The Education Mayor," a book that details his findings. "The education mayors were not spending more than their urban peers to achieve success — they were spending differently, like routing more money toward instructional purposes."

Fredrick Hess, director of education policy studies at the American Enterprise Institute in Washington, D.C., drew different conclusions in a policy paper on mayoral control.

"For all the optimism that Boston and New York City have engendered, there is remarkably little evidence that mayors or appointed boards are more effective at governing schools than elected boards," Hess wrote in his 2008 report, "Assessing the Case for Mayoral Control of Urban Schools."

When asked about what effect, if any, Booker’s involvement in the Newark schools might yield, Hess said Booker could successfully push the system if he chooses to move aggressively, even if his official authority is limited.

"No one should interpret Booker’s involvement as a guarantee of anything," Hess said, "but if he’s smart about it, he will have a better chance of improving Newark’s schools than the current arrangement does."

Mayoral Control Fails To Improve Student Achievement Say Researchers at Rutgers University
By Esme E. Deprez - Oct 12, 2010 2:07 PM, Bloomberg News
LINK
Mayoral control, advocated by politicians pushing to overhaul underperforming school systems, fails to improve student achievement, according to a two-year study.

The research, conducted by the Institute of Education Law and Policy at Rutgers University, looked at improvements in nine education systems where there were changes in how the schools were governed, led by Baltimore, Boston and New York City. The study will provide guidance to New Jersey policy makers as the state prepares to return schools in Paterson, Newark and Jersey City to local control after as many as 21 years under state operation, the authors said.
The findings, the subject of a seminar today at the university’s Newark, New Jersey campus, raise questions about New Jersey Governor Chris Christie’s plans to overhaul the schools in the state’s largest city by putting Mayor Cory Booker in charge, said Alan Sadovnik, professor of Education, Sociology and Public Administration and Affairs at Rutgers and co-author of the report in a telephone interview yesterday.

“Solving Newark’s problems will require more than mayoral control alone,” Sadovnik said. “Governance is one part of urban school improvement, which has to include effective school and administrative strategies and a variety of economic, community and health initiatives at the local level.”

Facebook Donation

Facebook Inc. founder Mark Zuckerberg said on Sept. 24 that he will donate $100 million to Newark’s schools. Almost half of all students in the district don’t graduate from high school.

Cleveland, Chicago, Detroit, Philadelphia, Washington and Hartford, Connecticut, were the other school systems that were part of the Rutgers study.

New school leadership helped improve efficiency and reduce corruption in Chicago, Cleveland, Boston, Philadelphia and Washington. In almost all the cities, mayoral control was associated with increased funding by either the state or the private sector, the study found.

Increased stability enabled school leaders and the community to concentrate on improving student achievement, the report said. In Cleveland, which had 13 superintendents in 15, turnover ended once the new governance system was installed, while frequent strikes by the unions stopped after mayoral control in Chicago.

Successful Bargaining

Mayoral leadership in New York and Chicago resulted in successful bargaining agreements with the teachers’ union to lengthen classroom hours and allow the creation of charter schools, the report also said.

At the same time, community input has diminished under the new models for running schools, the report noted. New York City parents, seeking a stronger voice in school policy, lobbied for changes in the mayoral control law, while parents in Chicago and Boston have complained they don’t have enough say in school closings, the report said.

“That’s a real negative,” Sadovnik said. “Most of the research indicates that parental involvement is a key ingredient in increasing student achievement.”

Christie has said he will give Booker a larger role in overseeing the district’s schools and its 39,000 students, and the mayor will also get a say in picking a new superintendent. Christie’s plan raises questions regarding the legality of the move without legislative action, the report said.

Mayoral involvement, or control, should be considered as part of an overall systematic approach to urban district improvement, the study said.

“The data certainly do not indicate that forms of governance with mayoral involvement have a negative effect on student achievement, but rather that governance may not be the most important factor; or, at the least, may be one of many factors in raising student achievement,” it said.

The mayor of New York, Michael Bloomberg, is founder and majority owner of Bloomberg News parent Bloomberg LP.

To contact the reporter on this story: Esme E. Deprez in New York at edeprez@bloomberg.net.
To contact the editor responsible for this story: Jonathan Kaufman at jkaufman17@bloomberg.net.

Thursday, November 11, 2010

Cathleen Black Must Not Get A Waiver To Be NYC Chancellor

NYC Mayor Mike Bloomberg actually made an excellent decision in recommending Cathleen Black for the position of NYC Chancellor. I'll explain my bizarre statement below. However, the bottom line is that Ms. Cathleen Black must never be Chancellor.

SIGN THE PETITION TO STOP THE REGENTS AND COMMISSIONER STEINER FROM GIVING CATHLEEN BLACK A WAIVER SO THAT SHE CAN BE NYC CHANCELLOR

Hundreds of people throughout New York City have been complaining about Joel Klein's actions for seven years (I think that most people did not believe he was truly a disaster until about a year into his alleged 'chancellorship'). See the articles below and the thousands of other articles about his errors and blunders. We, the outspoken public, somewhat slowly realized that Mike Bloomberg has total disdain for the common folk, the middle class, the disadvantaged people who try to make a living in his city. He wants us all to leave. He does not care what 'we' say or do, because he knows that whatever he wants, he gets. He got control over the school system. He threw away the vote for school board members by getting rid of the vote by all residents and then eliminating the school boards altogether. He wanted a third term so he got a third term. etc. This is a public policy strategy called "The public be damned!"

Therefore, I want to thank Mr. Bloomberg for showing the world what writers like me can only conclude. He doesn't care about public schools, public school employees, parents, or children.

Ms. Black, Oprah Winfrey, and Mike Bloomberg, 2007

Of course it could have been worse. He could have asked Michelle Rhee to be The One. The only other worse choice would have been a white banker MALE friend without children or with children who had attended NYC private schools. Ms. Black's gender is an acknowledgement by Bloomberg that it is not only time for a woman, but necessary to have a woman at the helm. That's the only plus in his corner. I am very grateful to him for not having the least bit of interest in hiring a woman who had a phD in education management and was African-American, Hispanic, American Indian, or any other minority in origin. We public would have had a serious problem in that case.

Here is the great part: Bloomberg's choice of Ms. Black for Chancellor is proof of his dislike for every voice that has raised any concerns over the past 8 years concerning his public school policies. He is saying, "I don't care what you say" and we hate him for it.

Mayor Michael Bloomberg was elected as "the education mayor", he said, and he would create the biggest overhaul in history of the 'failing' NYC public school system. We, the New York City public school community (and friends and relatives) know exactly what a disaster Bloomberg's control of the largest school system in America has brought, and we've had enough, thank you very much. See my March 2004 article Joel Klein's Performance Review. We have people in NYC who are speaking out, but not being heard.

I'm sure that we all remember the night that three members of the Panel For Educational Policy were fired for not voting along 'party-of-one' [Bloomberg] lines. The Village Voice did a great article about that and about all the other autocratic actions that Bloomberg has taken to get the reform HE wants, HIS way:

Education Mayor Bloomberg Called Out
NYC's head has a serious setback on his way to closing schools
By Nat Hentoff, Village Voice, April 27, 2010
LINK

Michael Bloomberg's ruthless definition of "mayoral control" of the schools became coldly clear on March 16, 2004, when he summarily fired three members of the city's Panel for Education Policy before a vote on the Bloomberg requirement for third-graders' promotions to end "social promotions." Eight of the panel's 13 members had been appointed by His Sovereignty, but there had been prior evidence that at least the disobedient three, and maybe more, would vote against the mayor's ukase.

Said the boss after his triumph: "This is what mayoral control is all about. They are my representatives, and they are going to vote for things that I believe in" (New York Times, March 16, 2004). Or else.

His faithful vassal, Schools Chancellor Joel Klein, dutifully said that the three had resigned. If Bloomberg ever achieves his desired seat in the Oval Office, he will have a trusted press secretary in Mr. Klein.

Education is one of my two main beats; the Constitution is the other. I am opposed to mechanical "social promotion," but the Bloomberg plan—like the now-discredited No Child Left Behind Act—was based on the scores of single city-wide standardized reading and math tests. Ignored was a focus on individual students that will be part of my next book, Is This America? (Cato Institute).

In reaction to the mayor's victory, Robin Brown, the president of United Parents Associations (a city-wide coalition of parents and teachers' groups), said in outrage: "Politics first, children last . . . This is one of the reasons we never supported mayoral control."

Said Natalie Gomez-Velez, the Bronx representative on the Education Policy Panel: "This is not something we should be teaching kids about democracy." Apparently, she hadn't been aware that "democracy" and "Mayor Bloomberg" are not synonymous.

As the years went on, the mayor did relinquish control of the schools only to Police Commissioner Ray Kelly and his School Safety Agents. Both are now defendants in a federal lawsuit on police abuse of students. But otherwise, Bloomberg was solely in charge until this past March 26 when he, Joel Klein, and the rest of his Royal Court were shocked at a decision by Justice Joan Lobis of the State Supreme Court in Manhattan that stopped Bloomberg's closing of 19 schools for poor performance. The judge sharply cited "significant violations" of the unexpected new state law setting rules of mayoral control.

This additional lawsuit was brought against Bloomberg puppets Joel Klein and the Board of Education by, among others, UFT President Michael Mulgrew, the New York State Conference of the NAACP, various parents, and political figures, including City Council member Charles Barron. The latter once invited dictator Robert Mugabe to address the City Council. I'd appreciate Mr. Barron's views of how Robert Mugabe is running the Zimbabwe schools.

In her decision, Judge Lobis charged that the defendants "appear to trivialize the whole notion of community involvement in decisions regarding the closing or phasing out of schools. The new law," she continued, "called for meaningful community involvement," and the "entire legislative scheme must be enforced, and not merely the portion extending mayoral control of the schools." That last zinger was directed at the Royal Mayor.

The Chancellor, obviously with the mayor's imperial approval, had not provided the educational impact statements required by the law. Where, for example, asked the judge, is there "any meaningful information regarding the impact on the students" (in those euthanized schools) or "the ability of the schools in the affected community to accommodate those students"? (Bloomberg is already an expert creator of overcrowded classrooms.)

The response by the rebuked Chancellor Klein (New York Times, March 27, 2010): "The sad thing is that the union [the UFT] would bring a lawsuit to resign kids to failing schools in order to save jobs. And ultimately, that is what this is about."

In another column, I'll provide some of my disagreements with the UFT, but this particular lawsuit is about preventing the mayor of New York and his successors from excluding parents and community organizations concerned with education from any meaningful involvement in the public (and we use that word provisionally) schools.

For further illustration of how Bloomberg and Klein trashed the law, the judge accused them of "completely failing to provide the information about specific programs existing at the schools proposed to be closed or phased out—or where the students would be able to find such programs [elsewhere]." For example, "where the school had a Living for the Young Family through Education (LYFE) Center, no mention was made of the program, or where a similar program existed in other city schools."

But, say the disgruntled defendants, consider all the public meetings we held about the schools to be closed. Answers the judge—giving Bloomberg and Klein a remedial lesson in Madisonian democracy—"although public meetings were held with respect to each school, and members of the respective Community Education Councils and School Leadership Teams were 'invited' to attend those meetings, it cannot be said that those meetings were 'joint' meetings (as required by the law). . . . For the notion of a joint meeting to have any meaning, the members of the Community Educational Councils and School Leadership Teams must be part of the process of structuring those meetings and not merely be told where and when to be present and given a script of what they are to say at the meetings" (emphasis added).

What did Joel Klein say to that—and what does his response reveal about his understanding of democracy?

"I think," said the Chancellor, "the process was robust. We literally met with thousands of people who expressed their views. We heard them, and in the end, we disagreed."

They disagreed because these irreverent views didn't follow the script. Joel Klein once promised me that he would bring civics classes back into schools so that students would know what it has taken in the history of this country to keep securing actual democracy throughout this society. I don't know the extent, if any, of his restorations of civics education. But his faithfulness in following Bloomberg's orders to exclude, as the judge said, any "meaningful community involvement" in the attempted closing of the 19 schools, shows his aversion to essential democratic participation in keeping a number of those schools meaningful to the very students themselves.

In an April 2 editorial, "This Time, Listen," the New York Times advised: "Instead of dismissing the lawsuit as an act of sabotage by the teachers' union, which was party to it, the city officials should be building bridges to the parents, community leaders and the angry state lawmakers who joined this suit out of frustration with the city's tactics."

What would you say are the odds that this autocratic mayor even knows—as the Times reports (March 27, 2010)—that "12 of the schools scheduled to close this year received a grade of 'proficient' in their last city quality review"? Or that many students and parents were stunned at the termination of such effective programs as the one "devised for mothers and pregnant teenagers at [the] Paul Robeson High School that offers day care and teaches parenting skills"? Too bad the resounding Paul Robeson isn't around to help the mayor shape up.

Other reports you should look at are:
Leaving School Empty-Handed: A Report on Graduation and Dropout Rates For Students Who Receive Special Education Services and Losing Our Future available on the Advocates For Children website; the New York Times' To Cut Failure Rate, Schools Shed Students and High School Under Scrutiny For Giving Up On Its Students (August 2003) and NYC DOE and Mayor: Social Promotion For Some, Not Others. Gotta Win the Statistical Game Any Way They Can.

And dont miss Mr. Hentoff's article "For the Children—Klein Should Resign: Where Was the UFT? And the Principals’ Union?" and  the report on "Pushing Out At Risk Kids: An Analysis of High School Discharge Figures" published by Betsy Gotbaum, the NYC Public Advocate (2002).

Then of course, there are my articles on the disaster of Joel Klein for taking away the Constitutional rights to procedural and substantive due process from suspended children, parents, and teachers:
Betsy Combier Speaks Out on the Constitutional Mess Created by Mayoral Control of the New York City Board of Education,  New York Senator Reuben Diaz Calls For the Resignation of BOE Chancellor Joel Klein and Deputy Mayor Dennis Walcott (2007), School Funding =School Corruption and Silencing Opposition: The Constitution is Suspended in New York City Until Further Notice (2004), Bloomberg Says He is Doing A Good Job.

Mike Bloomberg never did a good job as a public servant. He doesn't like the public. He has no interest in involving anyone but his most trusted advisors any say at all in any policy decisions. UFT John Elfrank-Dana has posted the "Participation in Government" curriculum as a shining example of what the American government was founded upon several centuries ago, but that a person who follows the Bloomberg participatory democracy model would be sorely challenged to agree with. Elfrank-Dana's government encourages participation as a pre-requisite for democracy, a concept foreign to Bloomberg's administration where there is no possibility of meaningful or effective participation in public policy by any student or member of the general public.


The process of choosing Ms. Black is an example of Bloomberg's autocratic rule (he did not let anyone in on his decision until it was made):

November 10, 2010
Bloomberg Took Secret Path to a New Schools Chief
By DAVID W. CHEN and MICHAEL BARBARO, NY TIMES
LINK

Shortly after 2 p.m. on Tuesday, Mayor Michael R. Bloomberg circulated through his City Hall offices, introducing a tall, blond woman who looked slightly familiar to his top aides. A foreign dignitary, perhaps? Or maybe an ambitious out-of-state politician hoping to impress the mayor? Somebody’s wife whom they were supposed to recognize?

No, it was Cathleen P. Black, and in less than an hour, Mayor Bloomberg would stun New York’s political, business and education establishments by naming her as the city’s schools chancellor, replacing Joel I. Klein.

To a degree unusual even for an administration that relishes keeping its deliberations as private as possible, hardly anyone knew of Mr. Klein’s departure or Ms. Black’s arrival until minutes before the official announcement. While such posts are typically filled after highly publicized national searches that can last months or even a year, there is little evidence that anyone else was seriously vetted or considered — and few of the usual suspects, including members of the mayor’s inner circle, were even consulted.

“I didn’t know Joel was leaving,” said Merryl H. Tisch, the chancellor of the State Board of Regents and a longtime friend of the mayor, who said she was “surprised” when Mr. Bloomberg broke the news to her, around the time of the 3:15 p.m. news conference unveiling Ms. Black as the next chancellor. “It all went down very quickly.”

Even Mr. Klein, who had spent eight years running the nation’s largest school system, did not know who his successor would be until Monday. And not until 30 minutes before the news conference — or just a little before reporters were told, vaguely, of an important announcement — did Mr. Klein inform his leadership team, apologizing for the secrecy of a process over which he said, with resignation, he had no say.

Inexplicable as it may have seemed to outsiders, the secrecy around the search for someone to run the schools crystallized two tenets of the Bloomberg era: the mayor’s faith in the ability of business leaders to fix the ills of government, and his keen dislike of drawn-out public debates that might derail his agenda.

And, in what has become a Bloomberg hallmark, the mayor relied on someone he knew through business and social networks, someone squarely in his comfort zone of wealthy and socially prominent Upper East Side residents, someone with whom he has shared many friends and colleagues, dinners and drinks.

Stu Loeser, a spokesman for Mr. Bloomberg, declined to discuss details of the search process, who else was interviewed for the job, precisely how the mayor made his decision or even when he first met Ms. Black, chairwoman of Hearst Magazines, saying only that the mayor “spoke to many individuals about the position and chose the best.”

But Eric Nadelstern, the deputy chancellor for school support and instruction and a respected 39-year veteran of the city school system, said that if he was a candidate for the chancellorship, he did not know about it. “I’ve never actually had a conversation with anyone either asking me to consider it or, from my perspective, expressing interest in the position,” he said.

Michelle Rhee, the education reformer who recently departed as chief of the Washington schools, did not respond to an e-mail on Wednesday, but several people close to her and Mr. Klein said she had not been interviewed.

Ms. Black spent much of Wednesday in her office on the 43rd floor of the Hearst Tower in Midtown, fielding congratulations. A call placed her office was returned by a spokeswoman for the Education Department, who said the chancellor-in-waiting would not be doing any interviews until after she begins in December. Mr. Loeser also declined to make the mayor or First Deputy Mayor Patricia E. Harris, who was said by many to be crucial in the selection, available to discuss the choice.

On Monday, Ms. Black was seen at the Hearst Tower with a thick stack of materials concerning public education. One City Hall insider, who spoke on the condition of anonymity because he did not want to risk offending Mayor Bloomberg, said that key City Hall officials had spent hours briefing Ms. Black this week on education issues.

If many education stakeholders were hurt to be left out of the process, Howard Wolfson, the deputy mayor for intergovernmental affairs, defended the approach as crucial to avoid making Mr. Klein a lame duck.

“The mayor felt strongly that had Joel announced he was leaving and engaged in a search at that point, the school system would have been destabilized,” he said. “You would have had a situation in which there was a lot of uncertainty. He doesn’t think you find the best people, when they are paraded in for interviews.”

Instead, Mr. Bloomberg turned to someone he has known for many years, if not particularly well, a fellow media mogul whose social life and business interests cross-pollinate neatly with his own.

Ms. Black and her husband, Thomas E. Harvey, a lawyer and avid Republican donor, are known for hosting Christmas parties in their exclusive Park Avenue building, where apartments go for at least $10 million, and current and former neighbors include Tom Brokaw and Lloyd C. Blankfein. Mr. Bloomberg and his girlfriend, Diana L. Taylor, are regulars at those soirees.

In 2007, Ms. Taylor, a former state banking commissioner, was among several people who hosted an event to celebrate the publication of Ms. Black’s book “Basic Black” at the Hearst Tower. One other prominent co-host was Gayle King, a close friend of Oprah Winfrey, and the editor at large of O, The Oprah Magazine. (Mr. Bloomberg, Ms. Black and Ms. Winfrey were photographed together at the 2006 opening of the new Hearst Tower.) But Ms. King, too, was out of the loop on Ms. Black’s career change, according to someone who was with her when the announcement occurred.

Exactly when Mr. Bloomberg began courting Ms. Black for the job is not clear. Michael Mulgrew, president of the United Federation of Teachers, said that when he arrived at a diner for breakfast with the mayor on Oct. 19, he ran into Ms. Black, who appeared to have just met with Mr. Bloomberg. The mayor introduced her to the union chief but made no mention of her having interest in or connection to the schools.

Mr. Bloomberg and Ms. Black, along with Mr. Klein and Rupert Murdoch, the chairman of News Corporation, are regular attendees of the New York investment bank Allen & Company’s annual conference in Sun Valley, Idaho, the exclusive gathering each July of the country’s publishing elite.

Mr. Murdoch, who provided Mr. Klein with a job as a new executive vice president of News Corporation, was also apparently unaware of the mayor’s choice of Ms. Black until the day of the announcement, according to two people who spoke anonymously so as not to jeopardize access to Mr. Murdoch. These two people said Mr. Murdoch, who has grown more interested in education, had for months been discussing a possible job with Mr. Klein, over meals and at industry events. Mr. Klein said the two met on Sunday to hammer out the details.

For her part, Ms. Tisch, the Board of Regents chancellor, said she could not recall meeting Ms. Black. Asked about the choice, she was circumspect, saying, “I don’t know her, so I don’t like to talk about things I don’t know.”
Reporting was contributed by Tim Arango, Charles V. Bagli, David Carr, Elissa Gootman, Christine Haughney, Javier C. Hernandez, Sharon Otterman, Noah Rosenberg and Jeremy W. Peters.
  

Wednesday, November 10, 2010

Joel Klein Resigns as Attorney For The New York City Board Of Education

As Joel Klein had no contract, he was not actually, pursuant to Education Law 2590-h, "chancellor", so I'm not sure what his resignation from the job means.

According to Attorney Matthew Leighton over at the Corporation Counsel, Joel Klein is the Attorney for the NYC Board/Department of Education, and I have this in his own writing (email) to a teacher who sued Klein and wanted to depose him. Leighton told the teacher/Plaintiff that he could not depose Joel Klein, named individually and officially as a Defendant in his case, because, as Attorney for the NYC BOE, Klein could not be deposed as this would be a break of the "attorney-client privilege."

Ms. Black: what role will Joel Klein play in your administration, assuming you get the waiver from New York State to become NYC's next chancellor?

Thank you for a prompt reply to: betsy.combier@gmail.com

Betsy Combier

City’s New Schools Chief Has Much in Common With Boss
By JEREMY W. PETERS, NY TIMES, Nov. 9, 2010
LINK
Cathleen P. Black (see below as well) earned a reputation in publishing as a tough-minded chief executive who never left her employees guessing what she wanted. A student of management, she wrote a book about strategies for success in the corporate world. She thrived as head of a large media company, showing little interest in politics or a public-service job — until, it seems, a big one suddenly opened up.

In other words, she is a lot like Mayor Michael R. Bloomberg, who on Tuesday tapped Ms. Black, 66, the chairwoman of Hearst Magazines, to be the next chancellor of the New York City school system.
Mr. Bloomberg, of course, also built his fortune in media and wrote a book about how he did it. And no one would ever accuse the mayor of being ambiguous when it comes to conveying his expectations of his staff. Ms. Black, at the news conference on Tuesday where she was introduced, made no pretense of having any experience in education. Similarly, Mr. Bloomberg was a political novice when he ran for mayor in 2001. His explanation for picking her sounded a lot like his original pitch for himself: “Cathie is a world-class manager.”

Ms. Black, who was displaced this summer as president of Hearst Magazines, said that she was “very excited about this incredible opportunity to make a difference in the lives of our young people.”

She will be the first woman to head the nation’s largest school system — as she was the first woman to lead the Hearst Corporation’s magazine division and, way back in 1979, the first female publisher of a weekly consumer magazine, New York. In the 1980s, she was publisher of USA Today, charged with finding advertisers for what was then a radically new product.

“Without her, USA Today would likely have failed,” said Allen H. Neuharth, the newspaper’s founder, who described Ms. Black’s management style as “aggressively diplomatic.”

He added, “She was very careful to outline what was expected of people and then try to help them live up to that expectation.”

At Hearst, she helped convince Oprah Winfrey it was time to extend her brand to publishing, personally visiting the talk-show host with a mockup of what was to become O, the Oprah Magazine — one of the biggest success stories in the industry. When it became clear that Talk magazine, a joint venture with Miramax edited by Tina Brown, was unlikely to succeed, she shut it down despite loud objections from Miramax and its brash co-chairman Harvey Weinstein.

“If the stockroom has to be cleaned out and there’s no one to do it, Cathie will roll up her sleeves and do it,” said Valerie Salembier, publisher of Harper’s Bazaar, a Hearst magazine. “The best thing about Cathie, after working with her all these years, is that you know exactly where you stand. She is very straightforward about what you could be doing or doing better.”

Having grown up on the South Side of Chicago, where she attended Catholic schools, Ms. Black moved to New York — she said Tuesday that was her “American dream” — in 1966, after graduating from Trinity College in Washington. She has homes on Park Avenue and in Connecticut, where her children attended private boarding schools. She is married to Thomas E. Harvey, a longtime lawyer for the Institute of International Education, which promotes exchange programs, and a regular donor to Republican candidates and causes.

In a 2005 interview in The New York Times, Ms. Black, the youngest of three children, said: “A lot of the studies would say generally the oldest child is the most ambitious, but for some reason I sort of got those genes.”

In her 2007 book, “Basic Black,” she recalls photocopying her résumé at the office of a job she was eager to move on from. An executive from the company later called her at home and said, “Next time you’re duplicating your résumé, Miss Black, I suggest you remember to take the original off the copier.”

After 15 years at Hearst, Ms. Black suffered her first major and highly public setback this summer when David Carey, a rival from Condé Nast, was brought in to replace her as president of the magazine division.

Her departure apparently came as a surprise to colleagues at Hearst, as her appointment did to senior officials in the Department of Education. One senior education official, who asked not to be identified because he was not authorized to talk to reporters, said many of the department’s leaders learned of Ms. Black’s selection right before it was announced, and few of them seemed to know anything about her.

At Hearst, Frank A. Bennack Jr., the chief executive, said in a memo to the staff that Ms. Black “goes with my blessing,” but suggested he had expected her to stick around longer. “Cathie’s handling of the transition with David, which admittedly we expected to take place over a longer period of time, has been exemplary,” Mr. Bennack wrote.

One asset she brings to her new job: knowing how to deal with strong personalities.

“I’ve joked that if you can work for Rupert Murdoch and Al Neuharth, you can work for anybody,” Ms. Black told The Times in 2005. Now she can add another media mogul to that list — Mayor Bloomberg.

David Carr and Javier C. Hernandez contributed reporting.


Mayor Bloomberg Appoints Cathie Black - History-Making Business Leader with Proven Expertise Making Great Organizations Even Better - Chancellor of New York City Public Schools
11/09/2010
LINK

Joel Klein – City’s Longest-Serving Chancellor and First to be Directly Accountable for Schools’ Performance – Departs to Tackle Challenges Outside Government After Eight Years of Unprecedented Gains

Black’s 15 Years Leading Hearst Magazines, 8 Years Building USA Today and 4 As the First Woman Publisher of a Major Weekly – New York – Key Preparation for One of the Toughest Management Jobs at Any Level of Government

Mayor Michael R. Bloomberg today appointed Cathleen P. Black, a highly-respected leader in one of New York City’s central industries as the next Chancellor of New York City’s Schools and charged her with building on Chancellor Joel Klein’s historic success turning around the nation’s largest school system. Over the past eight years, longer than any other Schools Chancellor has served, Klein transformed New York City’s long-dysfunctional public school system into one that the Obama administration has hailed as a national model, with higher graduation rates, a narrowed achievement gap between black and Hispanic students and their white and Asian peers, significant progress on National Assessment of Educational Progress test results and lower crime. The Mayor selected Black to follow Klein as Chancellor because of her unique experience building on successes and leading teams to even greater achievements, including her stewardship of Hearst Magazines for the last decade and a half. Black is also widely credited with building USA Today into an unprecedented success in her eight years there, and broke through an important gender barrier in 1979 when she became the first publisher of a weekly consumer magazine, New York. New York City has never had a female Schools Chancellor.

“Joel Klein’s extraordinary service to the 1.1 million children and young adults who attend our public schools has secured him a place as a landmark, transformational civic leader in our City’s long history – but for some time now, I’ve known that he was ready to move on. I asked Joel to stay until we could identify a successor – someone with the ability and experience to build on his success, and help take our schools to the next level – and I couldn’t be happier to say that we have found someone who is superlatively qualified to do that,” said Mayor Bloomberg. “Cathie Black is a superstar manager who has succeeded spectacularly in the private sector. She is brilliant, she is innovative, she is driven – and there is virtually nobody who knows more about the needs of the 21st century workforce for which we need to prepare our kids.”

“Our schools are vastly better than they were just eight years ago when the Mayor took office and Chancellor Klein joined his Administration,” said Ms. Black. “Their passion for improving the educational opportunities of our students has lifted the bar higher than anyone could ever have imagined, and my main goal will be to build on the work that has been accomplished during the Bloomberg Administration, and Chancellor Klein’s tenure. I want to thank the Mayor for the privilege of joining his Administration and the great team of people who carry out the City’s mission each and every day.”

“I want to thank Mayor Bloomberg for giving me the best job of my life and for being there every step of the way in the effort to improve education for our students,” said Chancellor Klein. “Public schools in New York City changed my own life and it has been a rare privilege to serve the kids and families of this city during the past eight years. I am thrilled that the Mayor has selected Cathie Black, a distinguished leader, to move this work forward.”

When Chancellor Klein accepted the job as the first New York City schools Chancellor to be directly accountable for improving New York City public schools, he committed to the Mayor that he would stay for up to two terms. Under Chancellor Klein’s leadership New York City ended social promotion, and the City’s graduation rate has increased for eight straight years, reaching a historic high of 63 percent in 2009. New York City students also out-gained students in the rest of the State and the nation on the National Assessment of Educational Progress (NAEP). Scores for City students increased by 11 points in fourth-grade reading, 11 points in fourth-grade math, and 7 points in eighth-grade math. On the NAEP exam, ten points represents a full year of additional learning. Chancellor Klein also developed a robust accountability system centered on annual Progress Reports that award letter grades to schools based on students’ academic achievement and progress, implemented Fair Student Funding to bring long-overdue transparency and equity to school budgets, and eliminated the so-called Rubber Rooms.

Since 2002, the New York City Department of Education has created 474 new schools and created 113,000 public school seats to reduce overcrowding, while investing billions of dollars to improve existing school facilities. This year alone, 17,656 additional seats came online – the largest number created for a single school year since the creation of the School Construction Authority. And between 2001 and 2009, major crime in schools fell 44 percent and violent crime in schools fell 32 percent. As of June 2010, violent crime in schools was down nearly 8 percent and major crime was down 6 percent compared with the prior year.

The Mayor also credited Deputy Mayor Dennis Walcott, Department of Education Chief Operating Officer Sharon Greenberger, and the many talented and committed educators at the Department of Education including Deputy Chancellors Laura Rodriguez, Shael Suransky, and Eric Nadelstern for these gains. This appointment is pending a waiver by State Education Commissioner David Steiner.

First as President, and then as Chairman of Hearst Magazines, Black led a team of some 2,000 employees producing more than 200 local editions of 14 magazines in more than 100 countries. Under her leadership, Hearst had record-breaking years – they built on decades of success with titles like Cosmopolitan, Esquire, Good Housekeeping, Harper's Bazaar, Marie Claire, Popular Mechanics, Redbook, and Town & Country, introduced highly-acclaimed new titles like O, The Oprah Magazine and created digital platforms that were inconceivable in 1995. As the media industry has tackled digital changes, Hearst Magazines has been widely-regarded as being at the forefront of that evolution.

While at Hearst, Black was a member of the team that oversaw the construction of the 46-story Hearst Tower that was erected on the six-story base near Columbus Circle that Randolph Hearst had built in 1928. The Hearst Tower, which was the first skyscraper to break ground in New York City after September 11, 2001, won several awards and was New York City's first LEED Gold skyscraper.

For eight years beginning in 1983, Black served as President and Publisher of USA Today, and then Executive Vice President of the paper’s parent company, helping personnel from Gannett publications coast to coast and from across the publishing industry build a nationwide newspaper that few expected to last. Black started her career in advertising sales with Holiday and the then-new Ms. Magazine, and broke new ground when she became the first female publisher of a weekly consumer magazine, New York, in 1979.

From 1991 to 1996, Black served as President and Chief Executive Officer of the Newspaper Association of America, merging two disparate organizations into one non-profit that represented the needs of thousands of publishers before the Federal government and the American people.

Black serves on the Advisory Council of the Harlem Village Academy, is a longtime Trustee of The University of Notre Dame and is a member of the Council on Foreign Relations. Last December, Mayor Bloomberg appointed Black to the host committee for the 2010 National Conference on Volunteering and Service, the world’s largest gathering o service and volunteer leaders that he chaired in June 2010. In May 2010, Black travelled to Detroit with First lady Michelle Obama as part of the White House’s programs to promote youth leadership and mentoring. Black is a prominent participant in The Glow Project, a philanthropy and documentary film project aimed at empowering women and helping them overcome seemingly-insurmountable goals. She has worked with the Literacy Partners and with American Legacy Foundation designing a public service campaign to encourage women to quit smoking. In 2009, the Preservation Resource Center of New Orleans presented its New Orleans Citizenship Award to Black for her leadership in donating time, resources, and volunteers to help New Orleans recover and rebuild post-Katrina.

Black is a graduate of Trinity College, Washington, D.C., and holds nine honorary degrees. Black grew up in Chicago and attended Catholic schools. She and her husband, the lawyer Tom Harvey, are longtime residents of Manhattan, where they raised their two sons and daughter.

New York Schools Chancellor Ends 8-Year Run
By SHARON OTTERMAN and JENNIFER MEDINA, NY TIMES, Nov. 9, 2010
LINK

Joel I. Klein, who presided over a radical reorganization of the New York City school system and drew praise and criticism for efforts to raise test scores and hold teachers accountable for them, resigned on Tuesday as chancellor after eight years in the job.

Mayor Michael R. Bloomberg appointed Cathleen P. Black, the chairwoman of Hearst Magazines, as Mr. Klein’s successor. Ms. Black will be the first woman to head the nation’s largest school system, with a $23 billion budget, 135,000 employees and one million students.

The decision was also noteworthy for the fact that Ms. Black, 66, has no educational background, in keeping with Mr. Bloomberg’s preference for executives from the business world. Because of that, she will need a waiver from the State Education Department; Mr. Klein, who had also been a media executive, was granted one when he took over, in 2002.

Mr. Klein, who had long planned to serve only through two mayoral terms, mulled the decision for the last few months and in the past week landed a job as an executive vice president at News Corporation.

“The decision was whether to stay to the end or to give somebody else a chance,” he said in an interview. “I’m 64 years old now and want to have the opportunity to do something new.”

Mr. Klein can make many claims about the successes of his tenure, including rising test scores and graduation rates, and the initial makings of an objective system to evaluate teachers and schools.

The truth of those claims, and their chances of having a lasting impact, will be debated in the months and years to come. His detractors argue that the test scores were inflated, that parents went unheeded and that teachers were derided and marginalized.

But the very robustness of the debate is testament to the fact that Mr. Klein did deliver on a central promise: to challenge orthodoxies, shake up the status quo and risk dislike in the name of progress.

“Did he stir things up?” Mr. Bloomberg said Tuesday. “You betcha. That was the job, and the great beneficiaries of that stirring were our children.”

Mr. Klein benefited from two historic conditions. He was the first chancellor appointed by the mayor and, as such, was answerable only to him, which gave him power and security. And he was part of — and widely considered a leader in — a national effort for greater accountability in public education shared across partisan lines.

Mr. Klein said he made a final decision to join News Corporation in the last week, a hire that puts a respected official with Democratic credentials — he was a top antitrust lawyer in President Bill Clinton’s Justice Department — in the executive suite at Rupert Murdoch’s conservative-leaning news media giant. A person familiar with the negotiations at News Corporation said Mr. Klein would be charged with pursuing “entrepreneurial ventures” that cater to the educational marketplace.

Despite the mayor’s praise and an apparent deep admiration for Mr. Klein, one former senior Bloomberg administration official, speaking on the condition of anonymity because he did not want to jeopardize his relationship with City Hall, said that many people in the mayor's bullpen were dissatisfied with Mr. Klein because “he’s been a political load for a while.”

One of the first concrete signs that Mr. Klein was not long for the job was the appointment of Sharon L. Greenberger as the Education Department’s chief operating officer in April — something that, according to the official, “was imposed over Joel’s objection.”

Mr. Klein will remain with the city until the end of the year to help with Ms. Black’s transition. In an interview Tuesday, Mr. Klein was clear about his accomplishments as chancellor. When he accepted the job, he was part of a rising educational reform movement that drew lessons from the corporate world, like increasing parent choice through innovations like charter schools, weakening traditional union protections like tenure and bringing numbers-based accountability to schools to evaluate and rank them and to improve teaching.

“It’s a much more performance-driven system, and a much more professional system, and less politicized than when I started,” Mr. Klein said.

With the mayor, he dismantled the unwieldy system of local control that created 32 school districts. Power was centralized in the central Department of Education office, relocated from Brooklyn next to City Hall to emphasize its importance. The city’s 1,000-plus principals were given unprecedented authority over large sections of their school budgets.

From nearly the day he started, Mr. Klein attacked the union’s core principles — seniority, tenure and a set pay scale. During the 2005 contract negotiations, he was able to end the long-standing practice of giving teachers with seniority the ability to select which schools to work in. But that decision created a pool of floating veteran teachers who received full salaries without a permanent position, costing the city tens of millions of dollars annually.

Randi Weingarten, the president of the American Federation of Teachers and former head of the city’s teachers’ union, said that while she believed Mr. Klein was sincere in his efforts to improve student achievement, he had difficulty garnering support for his changes, both from educators as well as political leaders.

“Joel has a great intellect and did not suffer fools,” Ms. Weingarten said. “Sometimes what was lost was the ability to lead a great system in a way that you win the hearts and minds of the people who work in it and parents who send their kids there.”

In 2006, he introduced a system of A-to-F report cards, which rank most schools nearly exclusively on their progress on test scores. He chipped away at teacher pay based only on seniority, getting the union to agree to bonuses for schools that showed strong progress.

Some advocates and policy analysts said that Mr. Klein was a transformative force, turning the city’s public education system into something that people who had given up on it could believe in again. They said he welcomed talented educators to the back office and schools alike.

Joe Williams, executive director of Democrats for Education Reform, an advocacy group that supports charter schools and that has been often aligned with Mr. Klein, put it this way: “Joel Klein made public education sexy again.”

But Mr. Klein stumbled along the way, as when he adopted a reading curriculum of questionable efficacy early in his tenure only to reverse course after it did not produce good results.

Merryl Tisch, the chancellor of the State Board of Regents, frequently sparred with Mr. Klein — though largely privately — about his style of forcing change in the city. But Ms. Tisch said Mr. Klein successfully took a “dysfunctional system and gave it some management credibility.”

The city also benefited from Mr. Klein’s role as a national symbol of school reform, Ms. Tisch said, with private donors giving millions of dollars to help create new projects and experiments, like teacher performance bonuses and cash rewards for students who did well on exams.

“Joel will go down as one of the great urban educational reformers of this century,” Ms. Tisch said. “Not just because he fought hard fights, but he did it in New York City, which people had really written off.”

Yet, at every turn there was controversy. Schools were put under tremendous pressure to raise graduation rates or face closings. There was widespread concern that principals were inflating their numbers by granting credits to undeserving students.

“He is leaving us with a legacy of classroom overcrowding, communities fighting over co-located schools, kindergarten waiting lists, unreliable school grades based on bad data, substandard credit recovery programs and our children starved of art, music and science — all replaced with test prep,” said Leonie Haimson, the head of Class Size Matters, an advocacy group and a critic of Mr. Klein’s.

The opposition was further emboldened when the state announced this summer that the test scores on which Mr. Klein’s accountability system hinged were inflated because the exams had grown too easy to pass.

A correction brought test scores nearly back to the starting levels of the mayor’s tenure, replacing a narrative of historic gains with one of slow progress.

While Mr. Bloomberg and Mr. Klein said their achievements — opening 470 new schools, and raising graduation rates by 20 percent, for example — were beyond question, they acknowledged that there was much more to be done.

Asked whether he will be remembered as a divisive leader, Mr. Klein said, “I didn’t think you could make big changes to a $22 billion system — close down schools, hold people accountable, reward excellence — without pushback and controversy.”

“People will remember me differently,” he added. “They will remember me as a man who was committed to changing an educational system that was failing vast numbers of people. This was the most comprehensive school reform that has happened in this country.”

Reporting was contributed by Jack Begg, David W. Chen, Javier C. Hernandez, Fernanda Santos and Brian Stelter.

Monday, November 8, 2010

The American Arbitration Association and NYC Bar Association Present a Panel of Diverse Arbitrators

....some of whom have been chosen to work on 3020-a hearings in New York City: Gaines, Rosario, and Watanabe.

AAA-NYC Bar Program Focused on New, Diverse Arbitrators
LINK


June 14, 2010 -- The American Arbitration Association and the Association of the Bar of the City of New York recently presented a program that introduced new and diverse arbitrators to the labor and employment community.

Meet & Greet

The program, held May 24th in New York, drew about 200 advocates and arbitrators. "Our goal was to showcase the expertise of new women and minority arbitrators," said Jeffrey T. Zaino, vice president, AAA Labor, Employment, and Elections Division. He is also chair of the Increasing Diversity Among Arbitrators Subcommittee of the Labor and Employment Committee of the New York City Bar.
The program presented a unique panel discussion featuring six new neutrals:

* Deborah Gaines (arbitrator, mediator, fact finder)

* William F. Hempfling (arbitrator, mediator)

* Ruth M. Moskovitch (arbitrator, fact finder, and adjunct professor at Baruch College and City University of New York) [Ms. Moskovich quit the NYC 3020-a panel spring, 2010]

* Wendy G. Phillips (arbitrator, attorney, and administrative law judge at the New York State Office of Temporary and Disability Assistance)

* Haydee Rosario (arbitrator, mediator)

* Roy N. Watanabe (arbitrator, mediator)

All but one of the panelists belong to the AAA roster, with five years or less of experience as neutrals. They all specialize in the labor field. Richard Adelman, a labor and employment arbitrator with over 40 years of experience, moderated the program.

During the program, four arbitration-case scenarios involving termination and other labor and employment issues were presented. At the end of each scenario, the arbitrators were asked whether they would uphold the termination or grant the grievance. They then displayed either a "yes" or a "no" card, and explained their rulings. The program also included a networking reception.

"We were thrilled with such a large turnout. There is certainly an interest in seeing the next generation of arbitrators," said Zaino. The AAA and the New York City Bar plan to present more programs highlighting the skills and expertise of new arbitrators. Programs in New York or New Jersey are being planned for later this year and 2011.

Sunday, November 7, 2010

The 3020-a Arbitration Process: FAQs

Teacher Tenure Hearing (3020a)

1. Are hearings held before a hearing officer or a panel?
Disciplinary charges brought by an employing board against a tenured employee are heard by a single hearing officer except when the charges concern pedagogical incompetence or issues involving pedagogical judgement. In these cases only, the employee may choose to have the charges heard by either a single hearing officer or a three-member panel.

2. What types of changes are considered pedagogical?
While the term "pedagogical" is not defined in either the statute or the Commissioner's Regulations, charges that fall into that category include inability to control a class, failure to prepare required lesson plans, failure to maintain certification, and other matters that directly pertain to teaching techniques and issues of this nature. Go to top

3. Who provides the list of Hearing Officers?
The American Arbitration Association (AAA) maintains the panel of potential hearing officers for Section 3020-a proceedings. This association also provides a list for each individual proceeding.

4. Is there a fee associated with requesting a hearing?
The AAA is a non profit organization which relies on administrative fees to continue providing services. Commissioner's Regulations as amended by the Board of Regents in September 1994 stipulate that the fee for providing the list of potential hearing officers for Section 3020-a proceedings is to be paid by the School District preferring the charges. This fee is $150.00. If the parties are unable to mutually select a hearing officer and request that the AAA make the selection, an additional fee of $50.00 will be required. Go to top

5. When is a hearing commenced?
Under the law, a hearing is commenced when the State Education Department submits a request to AAA for a list of potential hearing officers.

6. As a taxpayer, don't I have the right to know if a teacher in our school has been brought up on charges?
Section 3020-a provides an avenue for resolving disciplinary issues between an employer and an employing board. Until an individual has been found guilty by a hearing officer or hearing panel, all aspects of the disciplinary proceeding are strictly confidential. If the employee is found to be guilty of one or more of the charges, the record is then available pursuant to the Freedom of Information Law.

7. What if I don't want anyone on the list of hearing officers that was provided by AAA?
A list of potential hearing officers is compiled by the American Arbitration Association and forwarded to the attorneys representing the employing board and the employee, or to the employee if he or she is not so represented. A fee of $100 is paid by the board for such list. The list consists of fifteen individuals who are qualified to serve as hearing officers under the law.

In the interests of expediting these proceedings, it has been determined that one list will be provided per case. If the parties are unable to mutually select an arbitrator, AAA will make the selection from the list of fifteen that has been provided.

8. How do I get to be on the list?
The American Arbitration Association maintains the list of individuals who are qualified to serve as hearing officers. Contact the Syracuse office of AAA at (315) 472-5483 for information.

Qualification Criteria for Employment Arbitrators (AAA)
 
Employment Arbitration Rules and Mediation
 
Delaying Tactics in Arbitration
 
Labor, Employment and Elections Update
 

Friday, November 5, 2010

Judicial Independence Question: 3 Judges In Iowa Voted Out Of Office

Most disturbing results of election 2010

LINK

In one of Tuesday's most disturbing election results, the losing candidates didn't even have opponents.

Three justices of the Iowa Supreme Court lost what is ordinarily a pro forma election to retain their seats. Not coincidentally, these justices were part of last year's unanimous ruling to strike down a state law defining marriage as between a man and a woman. Outside groups opposed to same-sex marriage, including the National Organization for Marriage and the American Family Association, poured hundreds of thousands of dollars into television ads and other efforts to deny them a new term.

"Activist judges on Iowa's Supreme Court have become political, ignoring the will of voters and imposing same-sex marriage on Iowa," said one commercial. "Liberal, out-of-control judges ignoring our traditional values and legislating from the bench.... Send them a message. Vote no on retention of Supreme Court justices."

Well, message sent -- and that is the problem. The Iowa vote is part of a larger phenomenon of the increasing politicization of judicial elections: more money, more attack ads, more intervention by outside groups, from trial lawyers to business interests.

This is an unavoidable result of states' decisions to give voters a say in judicial selection, whether through direct election of judges or retention votes. In 22 states, judges on the highest state court are chosen through elections and then either stand for re-election or face retention votes.

In another 16 states, high court judges are chosen in some other way, but voters weigh in on keeping them. Some of the most prominent champions of judicial independence, including retired Supreme Court Justice Sandra Day O'Connor, have pointed to this approach -- merit selection coupled with retention election -- as a model for insulating the judiciary for undue political influence.

But the 2010 campaign illustrates the downside of judicial accountability and the threat of growing politicization of retention elections. In Illinois, where Supreme Court justices are chosen through elections and then subject to a retention vote, the decision about whether to keep incumbent Chief Justice Thomas Kilbride turned into a multimillion-dollar battle in the wake of Kilbride's vote to overturn a state law limiting damages in medical malpractice suits. Kilbride won.

You might look at the Iowa results as a reasonable illustration of accountability in action. After all, what's the point of building in accountability unless you're willing to let voters hold judges accountable? But there is also a difference between giving voters the opportunity to remove judges who behave in inappropriate or unethical ways and letting retention elections turn into referendums on unpopular rulings. The courts may follow the election returns, but I don't want judges making rulings with an eye on their own electoral fortunes.

I happen to agree with the Iowa court's same-sex marriage decision, but I hope I'd feel the same way if the court had ruled in the opposite direction and gay rights groups fought to remove them. I vehemently disagree with the U.S. Supreme Court's campaign finance ruling in the Citizens United case, but those who suggest the impeachment of Chief Justice John Roberts for that decision are even more off-base than the critics of the Iowa justices. Oregon Democratic Rep. Peter DeFazio told The Huffington Post that he was "investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where he said he wouldn't be a judicial activist." DeFazio can't be serious.

There is an inherent tension between independence and accountability. When it comes to the judges -- and when judicial activism is in the eye of the beholder -- the system needs to be rigged, as the founders wisely did, in favor of independence.

Conservatives love "results oriented judges" they agree with

Thursday, November 4, 2010

The UFT Dies By Its' Own Hand

Note from Betsy Combier:

I worked for the UFT for three years as an advocate for members. I tried to stop the decline of this powerful entity, but I was never 'accepted' by the chiefs of the Union as one of "them" and tortured after Randi's departure to Washington.

 The April 15 agreement signed by Mike Mulgrew and Joel Klein is a fake, published to keep the public quiet about how $millions of dollars of public money are being spent on an absurd process of removing employees from the New York public school system that is not based on fact or law.

Indeed, the day of the announcement I received a call at home from the principal of a rubber room (each of the 8 'rubber rooms' had a 'principal' who watched over the room(s) at that location for the NYC DOE) at 8:15AM and he told me to get to a rubber room quickly, as the UFT was making an announcement about closing the rooms. Not one representative of the UFT told me about this agreement or the press conference announcing the so-called "end of the rubber rooms" (which everyone knew was not true). This was strange as I was specifically hired to work with the members placed into re-assignment centers ( as well as still working in their schools). Later that day we had our monthly meeting at the UFT with all the reps., liaisons from all the rubber rooms and district offices, and Co-Staff Director (and Secretary of the Unity Caucus) Leroy Barr told me that he "forgot" to tell me about the agreement, sorry.

So, what did I do then? I read the agreement and was alarmed  enough to start asking questions about how the rights of members to due process were protected. I was told that I was a great advocate, but the UFT didnt need me anymore. Bye.

They were right. The UFT does not need, nor do they want, someone helping members if it means going against the NYC Board of Education in any way. I think its time to look more closely at the people who take members' dues out of every paycheck. Full disclosure: I am not bitter at all that I no longer work at the UFT, thus I will write about the staff as information, not as revenge. I write what I see. I will start profiling staff members on this blog very soon.

I might suggest that each member consider calling the UFT Welfare Fund and removing your payment of dues to the UFT - not to your welfare/benefits - from your paycheck. You can still keep your benefits, but why keep paying dues if the people who are getting paid megabucks dont do anything to help you?

Here is the April 15 press release of the UFT, with another copy of the April 15 agreement:

City and UFT reach breakthrough agreement to eliminate “rubber rooms”



Streamlined disciplinary process to return good teachers to the classroom and provide for efficient removal of others from payroll
LINK
For immediate release
published April 15, 2010


Mayor Michael R. Bloomberg, Schools Chancellor Joel I. Klein and UFT President Michael Mulgrew on April 15 announced a landmark agreement to eliminate temporary reassignment centers, or “rubber rooms,” where teachers accused of misconduct or incompetence are assigned pending resolution of their cases. Under the new agreement, most teachers accused of misconduct or incompetence will be assigned to perform administrative work in Department of Education offices or given non-classroom duties in their schools while their cases are resolved.



“Despite everything we've accomplished together to improve our City's public schools, we still have major reforms and improvements to tackle — and that is exactly what we are doing,” Mayor Bloomberg said. “Fixing this broken process gets us all back to what we want to be doing, giving our kids the education the need and deserve.”


“The rubber rooms are a symptom of a disciplinary process that has not worked for anyone — not the kids, not the schools, and not the teachers,” UFT President Mulgrew said. “This agreement is designed to get teachers out of the rubber rooms and to ensure that they do not have to wait for months or years to have their cases heard.”


“The rubber rooms were the result of a broken and protracted teacher discipline process. This deal goes a long way in improving the way the union and the department deal with teachers accused of and charged with wrongdoings,” Chancellor Klein said. “We are committed to adhering to the timetables outlined in the new agreement and confident that in the end our kids will benefit from this better process.”


There currently are some 550 teachers assigned to these rubber rooms, costing the city $30 million each year. Using this new process, cases that once may have lasted several years will now be resolved within a few months. After removing a teacher from the classroom, the department will have 10 days to file incompetence charges or 60 days to file misconduct charges depending on the nature of the case.


If reassigned teachers investigated for misconduct are not charged within the 60-day window, they will be returned to their classrooms. Similarly, teachers accused of incompetence who are not charged within 10 days of reassignment will also return to their schools. Investigations can continue after a teacher is back in the classroom, however, and the teacher may still face charges.


In some “non-termination” cases where the department is seeking a suspension at reduced or no pay, the agreement allows the department to use an expedited, three-day disciplinary process.


Additionally, the agreement expands the list of charges for which the department can suspend teachers without pay following a probable cause hearing to include violent felony crimes. When charges are not substantiated against educators, they will be entitled to back pay.


Under the new agreement, the number of arbitrators will increase from 23 to 39, and arbitrators will now hear incompetence charges seven days a month rather than five. Additional arbitrators will be hired to hear non-termination cases in the expedited disciplinary process.


While the agreement will not take effect until September at the start of the 2010-2011 school year, the department and UFT have agreed to begin immediately addressing the backlog of cases of teachers now in rubber rooms, with the goal of resolving all current cases by December.


The provisions of this agreement will be enforceable under the grievance procedures of the UFT contract. Read the full agreement.
Support for United Federation of Teachers eroding as once-mighty union forced to make concessions

BY Meredith Kolodner and Rachel Monahan, DAILY NEWS STAFF WRITERS
Monday, November 1st 2010, 5:13 AM
LINK

Michael Mulgrew and John Liu, NYC Comptroller
In the recent blowup over the release of teacher ratings, the United Federation of Teachers couldn't even rely on the Democratic White House for support.

Education Secretary Arne Duncan sided with the city - the latest blow to the once-mighty union, which has seen public support dwindle and has been forced to make concessions unthinkable just a few years ago.

Teachers unions were painted as villains in the high-profile education documentary "Waiting for Superman."

And the competition for millions of dollars in federal Race to the Top funds promoted reforms traditionally opposed by the unions, like charter schools and teacher evaluations linked to test scores.

"Public sentiment clearly has shifted in favor of reform and accountability, and the union has had to adjust," said Schools Chancellor Joel Klein.

Although some observers applaud the UFT for changing with the times, others suggest the compromises are eating away at its power.

"Definitely, the union is much weaker," said Sol Stern of the Manhattan Institute, often a critic of both the union and the Bloomberg administration. "It's a fad - the union is the obstacle to school reform."

Other critics say the union hasn't necessarily lost power but is under attack.

"I think it's a more controversial force. I don't think it's less of a force," said Kathy Wylde, CEO of the Partnership for New York City and a supporter of merit pay and eliminating tenure. "Is there a demonization of the teachers union? Yes."

Education expert Diane Ravitch points to a nationwide movement against the unions, starting at the White House, which supported the firing of the entire staff of a Rhode Island high school.

"President Obama and Secretary Duncan have undercut the political power of teachers unions and made common cause with their critics, to the point of demoralizing many, many teachers, not just their unions, across the nation," she said.

Union supporters note that the UFT has won 43% raises since the mayor was elected - a substantial victory.

UFT President Michael Mulgrew argues the Bloomberg administration's approach to reform has strengthened the union by aligning teachers with parents and community groups.

"Education's at a major crossroads," he said.

"It is our belief that teachers should be the ones leading the change. Our battle is to make sure schools don't get turned into test prep factories."

And he insists the union is still politically powerful, with candidates seeking endorsements and advocates asking for help in securing policy changes. Mulgrew also said that he got a good deal for teachers in the Race to the Top legislation.

Although other states made test scores count for 50% of teacher evaluations, New York State test results account for 25% of evaluations, thanks to UFT clout.

Even some of teachers unions' fiercest critics agree it's much too early to write their epitaph.

"Having witnessed the defeat of [D.C.] Mayor Adrian Fenty and the successful lawsuit against school closings in New York City, it's crystal-clear that the union is still plenty powerful," said Eva Moskowitz, founder and chief executive officer of the Success Charter Network.

mkolodner@nydailynews.com