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Saturday, May 12, 2012

‘Why Don’t We Have Any White Kids?’

 ‘Why Don’t We Have Any White Kids?’
 May 11, 2012


IN seventh-grade English class, sun leaked in through the windows. Horns bleated outside. The assignment was for the arrayed students to identify a turning point in their lives. Was it positive or negative? They hunched over and wrote fervidly.
Floriande Augustin, a first-year teacher at the school, invited students to share their choices. Hands waved for attention. One girl said it was when she got a cat, though she was unsure why. Another selected a car crash. A third brought up the time when her cousin got shot and “it was positive because he felt his life was crazy and he went to college so he couldn’t get shot anymore.”
The lesson detoured into Martin Luther King Jr. and his turning points. Ms. Augustin listed things like how his father took him shopping for shoes and they were made to wait in the back. How a bus driver told him to relinquish his seat to a white passenger and stand in the rear. How he wasn’t allowed to play with his white friends once he started school, because he went to a black school and his white friends went to a white school.
The students scribbled notes. Unmentioned was a ticklish incongruity that hung glaringly obvious in the air. This classroom at Explore Charter School in Flatbush, Brooklyn, was full of black students in a school almost entirely full of black students. As Ms. Augustin, who is also black, later reflected, “There was something about, ‘Huh, here we are talking about that and look at us — we’re all the same.’ ”
In the broad resegregation of the nation’s schools that has transpired over recent decades, New York’s public-school system looms as one of the most segregated. While the city’s public-school population looks diverse — 40.3 percent Hispanic, 32 percent black, 14.9 percent white and 13.7 percent Asian — many of its schools are nothing of the sort.
About 650 of the nearly 1,700 schools in the system have populations that are 70 percent a single race, a New York Times analysis of schools data for the 2009-10 school year found; more than half the city’s schools are at least 90 percent black and Hispanic. Explore Charter is one of them: of the school’s 502 students from kindergarten through eighth grade this school year, 92.7 percent are black, 5.7 percent are Hispanic, and a scattering are of mixed race. None are white or Asian. There is a good deal of cultural diversity, with students, for instance, of Haitian, Guyanese and Nigerian heritage. But not of class. Nearly 80 percent of the students qualify for subsidized lunch, a mark of poverty. The school’s makeup is in line with charter schools nationally, which are over all less integrated than traditional public schools.
At Explore, as at many schools in New York City, children trundle from segregated neighborhoods to segregated schools, living a hermetic reality.
The school’s enrollment is even more racially lopsided than its catchment area. Students are chosen by lottery, with preference given to District 17, its community school district, which encompasses neighborhoods like Flatbush, East Flatbush, Crown Heights and Farragut. Census data for District 17 put the kindergarten-through-eighth-grade population at 75 percent black, 13 percent Hispanic, 12 percent white and 1 percent Asian. But the white students go elsewhere — many to yeshivas or other private schools.
Tim Thomas, a fund-raiser who is white and lives in Flatbush, writes a blog called The Q at Parkside, about the neighborhood. He has spoken to white parents trying to comprehend why the local schools aren’t more integrated, even as white people move in. “They say things like they don’t want to be guinea pigs,” he said. “The other day, one said, ‘I don’t want to be the only drop of cream in the coffee.’ ”
Decades of academic studies point to the corroding effects of segregation on students, especially minorities, both in diminished academic performance and in the failure to equip them for the interracial world that awaits them.
“The preponderance of evidence shows that attending schools that are diverse has positive effects on children throughout the grades, and it grows over time,” said Roslyn Mickelson, a professor of sociology and public policy at the University of North Carolina at Charlotte, who has reviewed hundreds of studies of integrated schooling. “To put it another way, the problems of segregation are accentuated over time,” she said.
Even if a segregated school provides a solid education, studies suggest, students are at a disadvantage. “What is a good education?” Dr. Mickelson said. “That you scored well on a test?”
One way race presents itself at Explore is in the makeup of the teaching staff. It is 61 percent white and 35 percent black, a sensitive subject among many students and parents who would prefer more black teachers. Most of the administration and central staff members — including the school’s founder, the current principal, the upper-school’s academic head and the lower-school’s academic head, as well as the high school counselor and social worker — are white.
As Ms. Augustin said: “When I came here and started to talk about myself, the students were shocked that I was here. I started to wonder, did they really have role models?”
AFTER school one Tuesday, 10 students assembled in a classroom to talk about the school and race. The school paid for snacks: Doritos and Oreo cookies, Coke and 7Up.
What did they think of the absence of racial diversity?
“It doesn’t really prepare us for the real world,” said Tori Williams, an eighth grader. “You see one race, and you’re going to be accustomed to one race.”
Jahmir Duran-Abreu, another eight grader, said: “It seems it’s black kids and white teachers. Like onetime we were talking and I said I like listening to Eminem and my teacher said this was ghetto. She was white. I was pretty upset. I was wondering why she would say something like that. She apologized, but it sticks with me.”
Jahmir, one of Explore’s few Hispanic students, is its first student to get into Stuyvesant High School, one of the city’s premier schools. He was also admitted to Dalton, an elite private school, where he intends to go. He wants someday to become an actor.
Shakeare Cobham, in sixth grade, offered a different view: “It’s more comfortable to be with people of your own race than to be with a lot of different races.”
Tori came back: “I disagree. It doesn’t prepare us.”
Yata Pierre, in eighth grade, said, “It doesn’t really matter as long as your teachers are good teachers.”
Trevon Roberts-Walker, a sixth grader, responded, “When we are in high school and college, it’s not going to be all one race.”
Jahmir: “Yeah, in my high school there will be predominantly white kids, and I think this school will be so much better if it were more diverse.”
Kenny Wright, in eighth grade, piped in, “You could have more discussion instead of all the same thoughts.”
Ashira Mayers, in seventh grade, said: “We’d like to hear from other races. How do they feel? What’s happening with them?”
Later on, Ashira elaborated: “We will sometimes talk about why don’t we have any white kids? We wonder what their schools are like. We see them on TV, with the soccer fields and the biology labs and all that cool stuff. Sometimes I feel I have to work harder because I don’t have all that they have. A lot of us think that way.”
EXPLORE’S founder, Morty Ballen, 42, grew up in the Philadelphia suburbs, where his father ran several delis. A product of Teach for America, he taught English in a high school in Baton Rouge, La., that went from being all white to half-black. The white teachers would tell racist jokes in the faculty lounge, he said. He taught at an all-black school in South Africa started by a white woman, then at a largely black-and-Hispanic middle school on the Lower East Side. The experiences soaked in.
“I’m very cognizant of my whiteness, and that I have power,” he said. “I need to incorporate this reality in my leadership.”
He is also gay and knows about feeling different in school. “The only people who were like me were two kids who went to drugs,” he said. “One died in high school, and the other died recently.”
Mr. Ballen founded Explore in 2002, resolute that a public school could deliver a good education to disadvantaged students. He now leads a Brooklyn charter network. (His fourth school is scheduled to open in September.) The school began in Downtown Brooklyn. In 2004, it relocated to a former bakery factory in Flatbush, where most classrooms were windowless. In August, the Education Department moved it to 655 Parkside Avenue, squeezing it into the fourth floor and portions of the third in a building occupied by Middle School 2 and Public School K141, a special-education school.
The shared building is relatively new and in good shape, but the library is half the size of a classroom, the space so tight that a few thousand books must be kept in storage. The cafeteria, auditorium, gym and playground are shared. Instead of a computer lab, the school has a rolling computer cart of laptops, used mostly for math classes. There is no playground equipment for the younger grades. There are a limited number of musical instruments, so the school has no band, or much in the way of after-school athletics. There are no accelerated classes for high-performing students.
Explore students wear uniforms and have a longer school day and year than the students in the other schools in the building, schools with which they have a difficult relationship. A great deal of teaching is done to the state tests, the all-important metric by which schools are largely judged. In the hallway this spring, before the tests, a calendar counted down the days remaining until the next round.
Explore’s academic performance has been inconsistent. Last year, the school got its charter renewed for another five years, and this year, for the first time, three students, including Jahmir, got into specialized high schools. Yet, on Explore’s progress report for the 2010-11 school year, the Education Department gave it a C (after a B the previous year). In student progress, it rated a D.
“We weren’t doing right by our students,” Mr. Ballen said.
In response, a new literacy curriculum was introduced and greater emphasis was put on applauding academic achievement. School walls are emblazoned with motivational signs: “Getting the knowledge to go to college”; “When we graduate ...we are going to be doctors.” Teachers are encouraged to refer to students as “scholars.”
Convinced that student unruliness was impeding learning, the school installed a rigid discipline system. Infractions — for transgressions like calling out without permission, frowning after being given a demerit, being off task — lead to detention for upper-school students. On some days, 50 students land in detention, a quarter of the upper school.
Positive behavior does bring rewards, like making the Respect Corps, which allows a student to wear an honorary T-shirt. Winning an attendance contest can lead to treats for the class or the freedom to wear jeans.
Still, some students have taken to referring to Explore as “the prison school.”
OUT of uniform and barefoot, Amiyah Young was getting her books in order for homework. She was at home, two blocks from school, in an apartment she shares with her grandparents, mother and 2-year-old brother. She is in sixth grade, willowy, with watchful eyes, a dexterous thinker, one of the school’s top students. She hopes to go to a university like Princeton and become a veterinarian, because she has noticed lots of people own animals.
She blithely showed her snug room, a converted dining nook containing her bed, her books, her stuffed animals, her cluster of snow globes. She said that some of her friends slept with their mothers or siblings, or on the couch.
Her mother, Shonette Kingston, 36, calm with an outreaching smile, works as an operating-room technician and attends nursing school. She separated from Amiyah’s father when the girl was born. He is unemployed, and lives elsewhere in Brooklyn, but remains involved in her life.
“It’s a bit weird,” Amiyah said of the school’s racial composition. “All my friends are predominantly black, and all the teachers are predominantly white. I think white kids go to different schools. I don’t know. I haven’t seen many white people in a big space before.”
Would it be better if it were integrated?
“I think they would stop calling me white girl if there were white kids,” she said. “Because my skin is a little lighter and I can’t dance, they call me that. Some of them can’t dance, either.”
What else?
“I could talk the way I talk.”
Other students speak street slang that she repudiates: “They will say to me, ‘You are so white.’ I tell them, I have two black parents. Do I look white?”
She had been having trouble making friends. This year, her mother noticed a speech change. “She’s slacking off more to fit in,” Ms. Kingston said. “She’s saying: ‘I been there.’ ‘I done that.’ ”
Amiyah confirmed this: “I speak a bit more freelance with my friends. Not full sentences. I don’t use big words. They hate it when I do that.”
She said she had become more popular.
Other students also relate the use of parlance linked to skin color. Shakeare Cobham, one of Amiyah’s friends, said: “If you’re darker, they’ll call them burnt. Light-skinned ones get called white.”
Zierra Page, who is in eighth grade, said: “The lighter-skinned girls think they’re prettier. They’ll say: ‘She’s mad dark. Look at me, I’m much prettier.’ ”
Amiyah’s parents are bothered by the abundance of white teachers. Her mother said: “What do they know of our lives? They may be good teachers, but what do they know? You’re coming from Milwaukee. You went to Harvard. Her dad complains about this all the time — what can they bring to these African-American kids? I’m trying to keep an open mind. I’m happy with the education.”
Amiyah said, “The white teachers can’t relate as much to us no matter how hard they try — and they really try.”
To extract her from the synthetic isolation of her environment, Amiyah’s parents have enrolled her in programs with more racial diversity like an acting class in Manhattan.
She is curious about better-off white children. “I’d like to see how they would react in the classroom when we have dance parties,” she said. “I’d like to see how they would react to a birthday party. And to being around so many of us. I’d like to see what they would think of some of the girls in our school who have big hair and those big earrings.”
Anything else?
She mulled that a moment, and said, “I wonder if it’s fun.”
EXPLORE’S administration neither encourages nor discourages discussion of race. Rarely is it openly examined.
A diversity task force was patched together over a year ago to look into things like how to bridge the divide among staff and students and their parents, and what the makeup of the staff should be. The group is preparing some recommendations.
Race, and its attendant baggage, of course, is a tricky subject. Teachers are of different minds about what to do with it.
Marc Engel, a former investment banker turned librarian and media coordinator at Explore, is 53 and white. He frets about power differentials and how to transcend race, how to steer the students’ inner compass. “I worry so much about their role models,” he said. “The rap stars. The fashion models. The basketball players.”
He has his way of trying to fit in. “I call every kid brother and sister,” he said. “I say, hey, brother; hey, sister. One kid once asked me, ‘Are you my uncle?’ ”
OTHER staff members also wonder about the isolation of the students. Adunni Clarke, 34, who is black and is the lead intervention teacher who helps students and teachers who need extra support, said: “I don’t know that our kids get their placement in the world. I don’t know that they realize that they’re competing against all these other cultures.”
Talking about race “could be a Pandora’s box to some extent,” said Corey Gray, 27, who is white and in his first year at Explore as an eighth-grade language-arts teacher. “Is there a proper effective way to bring it in? There probably is. Do I know the way? No, I don’t.”
Many of the teachers are young, from different backgrounds, and there is steady turnover — from 25 percent to 35 percent in each of the past three years, a persistent issue at charter and high-poverty schools.
Tracy Rebe, the principal, is leaving this year. Her replacement, the fourth in the school’s short history, will be the first black principal, though not by design.
Early in the year, Mauricia Gardiner, 30, who teaches fifth-grade math and is of mixed race, was listening as students read a story about a black teenager who tried to rob a woman. Instead of reporting him, the woman took him home and tried to set him straight. The woman’s race wasn’t mentioned.
Ms. Gardiner asked the class what race they imagined the woman to be. They said black, that no white woman would do that. Why? she asked.
“They would be scared of us,” a student said.
“It’s frustrating,” Ms. Gardiner said. “We don’t have a forum to address this. You can get all the education in the world. But you have to function in the world.”
Darren Nielsen, 25, white, from Salt Lake City, is in his second year teaching, assigned to third grade. Last year, when he taught fourth grade, a student got miffed at him and said, “Oh, this white guy.” He later spoke to the student about singling out someone in a negative way because of his or her race. He overheard students call one another “light-skinned crackers” and “dark-skinned crackers.”
“We had discussions about that being inappropriate,” Mr. Nielsen said. “I even said:I’m the lightest-skinned one of all. What does that make me?”
The discussion was quick. “I probably should have done more,” he said. “It was hard on me as a first-year teacher and not knowing what to do.”
He added: “I realize most of these kids are going to go to segregated schools until college. I wonder, am I preparing these kids for what goes on in college?”
Karen Hicks, 41, a former businesswoman who is now in her first year teaching fifth-grade math and science and is black, used to have a son in the school. “I would have put him in an integrated school if I had that option,” she said.
Ms. Hicks recalled her first conference as a parent, with a white teacher, now gone: “The teacher said, ‘Oh, you’re so involved.’ It felt patronizing. That should have been the expectation.”
IF anyone can relate to the students, it is James McDonald. Mr. McDonald, 41, black, the beloved gym teacher, has been with Explore since it opened. He grew up on the Lower East Side, where his father ran a liquor store and left home when Mr. McDonald was 9. He went to predominantly black and Latino schools, and says he didn’t learn what he needed to learn.
In high school, he showed a college application essay to a scholarship committee member, who told him, “If you want to go to college, you better learn how to spell it.” He had written “colledge.” He realized the holes in his education. “It deflated me,” he said.
He thinks Explore students are getting a much better education than he did. Still, he is concerned.
“Outside the school the kids are being reminded of what their race is,” he said. “When they come to school, it’s as if they are asked to ignore who they are.”
“I don’t see that a lot of them have aspirations to do great things,” he added. “Some of them say, yeah, I want to be a doctor. But some, you ask them and they don’t have an answer. I’d like to know how many actually believe they can do whatever they can.”
THE sixth-grade social studies students swept into Alexis Rubin’s classroom. She slapped them five, bid them good afternoon. To settle them down, Ms. Rubin said, “Students are earning demerits in one ... two ...”
She handed out a test on Colonial Williamsburg. She said, “Every scholar in this room will get a sheet of loose-leaf paper for your short response.”
Of Explore’s teachers, Ms. Rubin, 31, is perhaps the keenest about openly addressing race. She is in her third year at the school, is white and grew up on the Upper West Side.
Outside school, she is the co-chairperson of Border Crossers, an 11-year-old organization troubled by New York’s segregated system that instructs elementary-school teachers how to talk about race in the classrooms.
As Jaime-Jin Lewis, the organization’s executive director, puts it: “You don’t want kids learning about sex on the playground. You don’t want them to learn about race and class and power on the playground.”
Ms. Rubin does Border Crossers exercises with her students like MeMaps, in which both students and teachers list characteristics about themselves, then create a “diversity flower,” with petals listing each participant’s unique traits.
During Ms. Rubin’s first year at Explore, a parent called her up, screaming that she ignored her son and called only on the white students. Ms. Rubin pointed out that there actually weren’t any white students to call on.
She said schools needed to “unpack” the issue of race and dismantle stereotypes.
“The beginning is naming it,” she said.
A GAUZY night in early spring, and the PTA meeting in the auditorium drew about three dozen parents. Details were given about picture day, about students needing to show up for preparation for the state tests, about neighborhood ne’er-do-wells who tried to rob some students, MetroCards and hats their targets.
Lakisha Adams, 35, who has three children in the school, spoke brightly of a Harlem mentoring program: “It teaches about how to shake someone’s hand, how to walk without your pants dragging down. This is all black. We put our kids in a lot of programs with kids that don’t look like us. Our kids don’t relate to Great Neck.”
Parents say they like Explore over all and the education it offers. To many, that is enough.
Sheryl Davis, 57, the PTA president, grew up in Brooklyn, and when she was in sixth grade, was bused out of her mostly black East New York school to a “lily-white school.”
“I do remember the hate from the white students,” she said. The next year, she was back in her former school.
“As I got older, I didn’t really see that I gained from that experience,” she said.
“I don’t know that segregation is this horrible thing,” Ms. Adams said. “The problem with segregation is the assumption that black is bad and white is good. Black can be great. That’s what I instill my kids with.”
Would she prefer an integrated school? “I can’t say that I would.”
Families often disagree among themselves. Calandra Maijeh, 38, and her husband, Ife Maijeh, 43, were at the school one evening with their four children, all Explore students.
“Color for me is not an issue,” Ms. Maijeh said. “As long as the learning is up to par.”
Mr. Maijeh said: “My thoughts are very different from my wife. I agree that everybody deserves an education. But I want white and black to be together as one.”
Jean McCauley, 47, is a single mother with two sons by different fathers, both gone from her life. When her older son, now 26, began school, his father had a friend in TriBeCa, and they used his address to get him into Public School 234, a well-regarded, largely white school. “I feel so grateful for my son being in that environment,” she said. “Expectations were so high. That school had everything. It was a world apart.”
He graduated from college and works at a real estate agency.
For her younger son, Brandon Worrell, she didn’t have that option. He is in sixth grade at Explore. She considers it a good school, but fears he doesn’t learn racial tolerance. “At Explore he can’t compare to anything,” she said. “He won’t know how to communicate with other races. He won’t know there is a difference. I think color will always be the first thing he sees.”
She added, “I speak to Brandon about race. But he doesn’t get it. It’s abstract.”
A WEEK wound up. Education was occurring. In kindergarten, they were reading “Sheep Take a Hike,” while in first grade, students wrote about a small moment that happened to them. A girl wrote: “This morning my mom pulled out my tooth. Ow. Ow. Ow.”
In sixth-grade math, they were reviewing order of operations, and in fifth-grade science they were learning about chyme. In third grade, they were writing a response to: How does Jimmy feel about raising goats? Use at least two details in your answer.
A student was told: “You have the right to be mad. You don’t have the right to kick things.”
Mr. Engel, teaching library, went around the room with the first graders and had them fill in the blank of “America is...”
The answers shot back: “America is ... my mommy.”
“Pie.”
“Whipped cream.”
“Burger King”
“Our life.”

Wednesday, May 9, 2012

The Same Difference:Los Angeles' Skelly Hearings and NYC 3020-a Arbitration

Lenny Isenberg


An Attorney's Observations of LAUSD's Rubber Rooms by Ron Lapekas, esq. (Observaciones de un abogado de habitaciones de goma LAUSD por Ron Lapekas, esq.)

I am an attorney who was a whistleblower in the 70's.  I learned the hard way that it is extremely difficult to find a lawyer who is both competent and willing to represent someone crazy enough to report wrongdoing. So, I filed my first case - my own - while I was in law school.  After winning the writ proceeding, I won my first appeal during my first year of practice. All in all, it took me 12 years to clear my name.  As a result, a substantial part of my practice for the past several decades has been employment law.  

A few weeks ago I came into contact with Lenny Isenberg, a teacher who also was a whistleblower. He had been given a notice of dismissal and was preparing to defend himself because the attorney who originally represented him had demanded more than $25,000 to try the case -- in addition to $15,000 that UTLA also promised him. (I asked UTLA to pay me $15,000 to represent Mr. Isenberg all the way to the Supreme Court of California. As of this writing, I have not even had the courtesy of a reply from UTLA.)

I reviewed the "evidence" and concluded that the charges were insubstantial, at best, and completely fabricated, at worst.  I informed the Office of Administrative Hearings (OAH) and opposing counsel that I was coming to Los Angeles to try the case that was supposed to start September 12th.  However, because I amended the Notice of Defense to allege the affirmative defenses of whistleblowing and the constitutional right to speak to the press, the hearing has been continued to some unknown date in the future. 

With some free time on my hands, I started talking to other teachers who had been given dismissal notices.  I noticed that there were common patterns in all their cases.  All had taught for many years without any kind of disciplinary action taken against them.  All were older.  And all had taken a position of some kind that attracted the attention, if not the wrath, of an LAUSD administrator.  Another very weird allegation in many of the dismissals was that the teachers were accused of violating Education Code section 44939.  Apparently, LAUSD routinely alleges violations of section 44939 because it allows the District to avoid the grievance procedure that is available for all other alleged misconduct. I could understand a single case with these allegations but why were so many people calling with almost identical allegations?  Did somebody put something in the water three years ago that turned previously excellent to outstanding teachers into incompetent, insubordinate, misfits?

In case after case, there was an uncomfortable commonality of allegations. Most of the teachers I have talked with had never been accused of any kind of misconduct before. Most had exemplary records. But they also included a number of competent union chapter chairs - you know, the kind who stood up for their members. 
 
More than half of the people I have talked to told me that administrators sought out students and prevailed on them to provide negative comments about their teachers. Allegations of "unprofessional conduct", insubordination, persistent violations of rules and school laws, and "willful refusal" are generously sprinkled throughout the accusations.  Many of the allegations regarding classroom management are the kind that most teachers consider to be trivial and easily remedied; now these incidents are deemed "evident unfitness for service."  I also noted that the allegations were virtually identical regardless of grade level or school site.
 
Mr. Isenberg has commented on his website, perdaily.com, about the abuses being heaped on the teachers unfortunate enough to be served with an accusation that includes violation of section 44939. These teachers are removed from their classrooms, often in front of their students in an unceremonious and sadistic manner. Because they are still on salary, LAUSD has established a number of "campuses" where these teachers are required to report.  After reporting, the teachers are given no work to do and are forced to bide their time under the watchful eyes of a number of administrators who, apparently, have nothing to do but watch the teachers. 

When I read Mr. Isenberg's blog about the rubber rooms, I thought the District's process was, at worst, simply stupid.  This morning, I had an opportunity to visit one of these teachers at his temporary assignment. 

Teachers call these temporary assignments "rubber rooms", apparently due to the similarity to holding facilities at mental hospitals that have walls made of rubber to prevent patient self-injury. What I observed was appalling - and what I heard was even worse.  Teachers are required to sit in separated cubicles that are more reminiscent of jail visiting facilities than of a school site.  I also confirmed that the District has given them absolutely nothing to do - not even "busy work".  Having been required to work at an empty desk during my own whistleblowing experience, I know that being required to do nothing while being watched constantly is an extremely stressful and totally punitive procedure.

Some teachers have been assigned to a rubber room for more than two years.  Ignoring the waste of resources this represents, the punitive nature of the rubber room means that people are being punished before they have been proved guilty. Unlike a criminal, they can't post bond so they can escape the prison-like confines of the rubber room while the District takes its own sweet time to prepare the charges.  But wait ... taking time?  What is happening to the witnesses and evidence during the months and years that these teachers are waiting for the other shoe to drop?  Until LAUSD actually issues formal charges, the teachers (a) have no knowledge of exactly what allegations are being made against them - except for section 44939 - and (b) have no legal way to preserve evidence they may need for their defense. And this does not even begin to address the intentional infliction of severe mental distress that appears to be the true purpose of the rubber rooms.  Assignment to a rubber room without being informed of the reason for the punishment is, in my opinion, a totally unconstitutional denial of due process.  (I also believe that if a criminal were sentenced to a rubber room as a criminal sentence punishment the rubber room would violate the Eighth Amendment's prohibition on cruel and unusual punishment.)

While there is a very high probability that at least one of the teachers in the rubber rooms should be dismissed, I believe there is an even greater probability that the majority of the rubber room teachers would be vindicated:
IF they survive the rubber room with their sanity
IF witnesses retain their memory
IF evidence does not disappear or  become tainted
IF they have the financial resources to prepare a reasonable defense
IF their union gives them the support they have paid for and are entitled to
IF they get a full and fair hearing on the merits.

I thought I was going to come to California, try Mr. Isenberg's case, and return to my retirement in Tennessee.  But it appears that Mr. Isenberg's case is just a snowflake on the tip of the iceberg that is LAUSD's abusive treatment of its teachers. Therefore, I am discussing the re-opening of my law practice and returning to LA with my long suffering wife.  Until then, I will continue to collect evidence and see what I can do to help the teachers who have been wrongfully accused and punitively abused.

NATIONAL EDUCATION REFORMERS
LA Progressive
Dick Price and Sharon Kyle
http://www.laprogressive.com/
Dick and Sharon dick_and_sharon@yahoo.com
Dick and Sharon are a pair of citizen journalists and information activists who were fed up with
mainstream media. Rather than just kvetch about the media, they decided to try to become the media. So, together they founded the LA Progressive. Dick is the editor and Sharon is the publisher and webmaster, handling all technical aspects of the site.
This site was launched in March 2008, with Dick and Sharon doing most of the writing. Today, a host of gifted writers contribute to the LA Progressive's daily offering which typically amounts to about 45 articles a week. Dick and Sharon continue to write for as well as edit and publish the LA Progressive and distribute its daily e-news each morning.

J
o Scott Coe Riverside, California
Jo.Scott-Coe@rcc.eduwww.joscottcoe.com
Excellent Video Interview about Professor Coe
http://vodpod.com/watch/4959969-jo-scott-coe-teacher-at-point-blank

Assistant Professor of English at Riverside Community College and former high school English teacher. She is the author of Teacher at Point Blank and has been a teacher of English and literature in California since 1991. Her writing on intersections of gender, violence, and education has appeared in the Los Angeles Times as well as literary venues including Hotel Amerika, Fourth Genre, River Teeth, Ninth Letter, Memoir(and), Bitter Oleander, and Green Mountains Review. Her essay, "Recovering Teacher," won the NCTE 2009 Donald Murray Prize, and other selections of her work have received a Pushcart Special Mention as well as Notable listings in Best American Essays 2009 and 2010. As an independent researcher, Jo authored and published the most extensive study to-date of Adams v. LAUSD, a nearly 10-year legal case of student-on-teacher sexual harassment, in (Re)Interpretations: The Shapes of Justice in Women's Experience (Cambridge Scholars Press). Jo values the aesthetic, political, and socially transformative powers of literary narrative--especially to dispel unhealthy silences and witness cultural blindspots. She works currently as an assistant professor of English at Riverside Community College in SoCal, and her book, Teacher at Point Blank (Aunt Lute 2010), has been selected as a Great Read for Fall 2010 by Ms. Magazine. Punk rock? Yes. Hockey games? Yes. Coffee? Always black. Find Jo on the web at joscottcoe.com and on Twitter @joscottcoe.

Betsy Combier New York, New York
betsy.combier@gmail.com
Betsy Combier's blog http://www.parentadvocates.org/index.cfm?fuseaction=article&articleID=488is a jewel that chronicles the corruption in NYC's Dept of Educations (DOE)  . She has accomplished a wonderful piece of journalism, and created one of the rare places where corrupt educational governance is chronicled and revealed

Professor Samuel Culbert Los Angeles, California

is a professor at the UCLA Andersen School of Business who also teaches in the Education Department's Principals' Leadership Institute. Check out the following 3 minutes on ABC News
http://abcnews.go.com/WNT/video/conversation-performance-review-11126992

Stuart Goldurs Los Angeles, Califonia
StuartComputers@gmail.com
Don't send LAUSD Librarians to the Inquisition, send the downtown bureaucrats
Tests, What Are They Good For? Absolutely Nothing!

LAUSD students to attend school on contaminated land, again!Some schools teach only to the tests, so how are the students being prepared for the next grade and for life?
New LAUSD superintendent adds six-figure positions to management team
http://www.examiner.com/public-education-in-los-angeles/lausd-test-scores-up-to-failure-levels-what-are-the-students-learning

Has been a teacher in the Los Angeles Unified School District for 30 years. He is greatly aware of the district waste, large bureaucracy, and other major issues of the time. He started his blog with the sole purpose of informing the world about the truths of education in LAUSD. E-mail him at: StuartComputers@gmail.com.
LAUSD has selected a new Superintendent of Schools

Karen Horwitz Chicago, Illinois

wccbook@gmail.com
Former award winning teacher who co-founded NAPTA, National Association for the Prevention of Teacher Abuse, and wrote the book White Chalk Crime: The REAL Reason Schools Fail to expose how teacher harassment and terrorization maintains a system of deeply hidden corruption. Disposing of dedicated teachers forms the core of the White Chalk Criminal's agenda since dedication and white collar crime do not mix. Given that all agree that good teachers are essential to good teaching, a system that cannot tolerate good teachers is worthless. This is what we have in place. With Bernie Madoff-like leaders - he was as much about investing as our school leaders are about educating - anointed with unlimited power, including the ability to fill the airwaves with propaganda, education is no longer about education. It is about money and power for those who play a very corrupt game and with an agenda of privatizing schools so their power will increase. (Privatization may have merits. NAPTA does not take a position on that. But privatizing a system that is rotten to its core - where quality teaching cannot survive, where a cover up of pretense that they do not know this despite so many of us reporting these truths prevails - documents that those advocating privatization cannot be trusted! It shows they want our schools for their own interests, not the children, nor the community.)  NAPTA welcomes parents, teachers, students, citizens or anyone who understands that without a real system of education, we no longer have a democracy. Membership is free. Go to: EndTeacherAbuse.org  or WhiteChalkCrime.com. Become educated about what is going on. 

Jerry Mintz Director
Alternative Education Resource Organization (AERO)
417 Roslyn Rd., Roslyn Hts., NY  11577
For those of you who cannot wait for corrupt public education to be turned around, AERO offers an excellent source to get connected with viable alternatives right now.
www.EducationRevolution.org
info@EducationRevolution.org
800-769-4171 (domestic)
516-621-2195 (international)

Susan Ohanian Charlotte, Vermont
susano@gmavt.net
http://www.susanohanian.org
She is a longtime public school teacher who, after 20 years, became staff writer for a teacher magazine and then went freelance. I've maintained a website of activism for nearly 9 years--ever since the passage of NCLB. People can subscribe to the website and then they get updates about new content. I answer all the mail I get through the website and with the answer, people have my e-mail.  I also try to stir things up on Twitter, though I find this medium frustrating. I have a Facebook page--just so people can find me. I don't initiate anything on it, The website keeps me busy.
http://susanohanian.org/show_atrocities.php?id=9593
Susan Lee Schwartz Suffern, New York
Susan studied literacy education, English literature, and fine arts and holds a BA ('63) and MS ('65) from Brooklyn College, and has the equivalent of two master's degrees, earned in graduate studies of literacy, arts and education. She taught literacy skills and art, for four decades in NYC in elementary and secondary school.  In 1998 she won the New York State English Council (NYSEC) Educator of Excellence Award  for her successful teacher practice, studied by Harvard  and the LRDC at the University of Pittsburgh for the New Standards research. At the end of her research, her unique curriculum was selected by the LRDC to be used in their national staff development seminars for school superintendents. She was among six teachers -- from among the thousands across the nation-- observed during the research project, and her teaching practice met all the  principles of learning. In the nineties, she rose to prominence in national educational circles, while teaching at a new magnet school, East Side Middle School. The reading scores of her seventh grade students were at the top of the city, and on the first ELA, which two thirds of city students failed, her former students (then in the eight grade) were TENTH IN THE STATE.
 She writes often about what she learned about the genuine standards for learning, in an attempt to begin a national conversation about the authentic standards, so that there can be genuine reform. Her experience that ended her fine career in the NYC Public Schools has led her to write about the process that removed the top educators, silencing the voices of the classroom practitioners who would not accept anti-learning policies. Her essay here on Perdaily,  is one that describes this process. Read more as she talks about education, literacy  and learning on her site, from the perspective of the experienced teacher-practitioner of pedagogy. She is the voice of dedicated and talented classroom teachers who know why the schools are failing.
Her website is: 

Joel Shatzky: Brooklyn, New York
Joel.Shatzky@cortland.edu
Professor of English Emeritus--SUNY, College at Cortland (1968-2005)
Adjunct instructor-Kingsborough CC (CUNY) 2006--   )
Regular contributor to the Huffington Post: http://www.huffingtonpost.com/searchS/?q=Joel+Shatzky
Author of "The Thinking Crisis" with Ellen Hill (Authors Choice Press: New York, 2001)
Numerous articles on education in Jewish Currents.
Script-writer for three YouTube satires on educational "reform."
 "The Lessons": www.youtube.com/watch?v=D712J1V2Jsg&feature=player_embedded
"Numbers Lie": http://www.youtube.com/watch?v=57BRNLviVTQ
"The Charter Starters": www.youtube.com/watch?v=lnrrw5CV3Gw
Here's Joel's latest post about the low percentage of "college ready" high school graduates. http://www.huffingtonpost.com/joel-shatzky/educating-for-democracy-t_2_b_821410.html
callmescarlet.blogspot.com
facebook

HER STORY:
"I know first hand the financial, personal, emotional and physical damage that can result when school administrators, the Montana Education Association and the National Education Association put their own interests above the students, teachers and the taxpayers of the State of Montana My files contain mountains of paperwork including depositions, declarations of truth, notarized documents and exhibits resulting from an arduous legal process that finally ended when the Havre (Montana) School District settled two lawsuits - a Federal suit and one filed in State District Court. These documents also include a letter from a union representative stating, " This is nothing more than a witch hunt." Yet the union continued to allow the school administration to harass, bully and bring harm to me.
These two lawsuits resulted from a single incident that, had it been handled differently and under the light of public scrutiny, would not have snowballed into awards of more than $200,000 worth of damages. Funds that eventually came from the taxpayers' pockets. Ironically, as a taxpayer in Hill County, my family and I are helping to pay for the damages awarded to me. This covered the attorneys' fees. The settlement did not include my attorney fees, however the district, insurance and taxpayers paid the defendants attorney bills, which exceeded mine. The settlement was made on March 2, 2006."
http://www.facebook.com/pages/Dr-Jim-Taylor/125893225652
http://www.facebook.com/pages/Dr-Jim-Taylor/125893225652
http://twitter.com/search?q=DrJimTaylor

Lois Weiner Jersey City, New Jersey
Professor, Elementary and Secondary Education
New Jersey City University
2039 Kennedy Blvd.
Jersey City, New Jersey 07305
drweinerlo@gmail.com
Blog
http://newpolitics.mayfirst.org/blog/5
Democracy Now
http://www.democracynow.org/2010/9/3/educators_push_back_against_obamas_business
RESEARCH INTERESTS
Impact of urban school characteristics on teachers' classroom practice
How race, class, and gender mediate academic achievement
Teachers' work and the school as a workplace. Effects of changes in global political economy on teaching, teachers, and schools
.


FINALLY MAKING A STAND AGAINST LAUSD IN THE OAH LINK

For years the Los Angeles Unified School District (LAUSD) has been running roughshod over teachers, who they have succeeded in removing from their livelihood as professional tenured teachers as if they had no rights under collective bargaining or to due process of law. With the Miramonte Child Abuse Scandal, matter have only gotten worst as the removal of teachers without honest cause has reached a dizzying pace. Today in Courtroom #9 at the Office of Administrative Hearings at 320 W. 6th Street in Downtown Los Angeles just maybe the first step was taken by Attorney Ronald Lapekas to finally hold LAUSD responsible to the rule of law - even for teachers.

Over the last few years as public education budgets have been drastically cut, those in power at LAUSD and their masters have targeted more and more innocent teachers for removal from their jobs based on false charges, which teachers have found difficult, if not impossible to fight once they have been put on unpaid administrative leave with no help forthcoming from their do-nothing union UTLA. What motivates the District are the huge deficits that they are trying to cut by getting rid of teachers at the top of the salary scale, are about to vest in lifetime health benefits, or those who question LAUSD's long-failed education policies that have shown no signs of success or changing.

In order to remove as many costly teachers as possible, LAUSD has developed a streamlined process for removing these teachers that has not followed the well established legal requirements for dismissing a teacher nor has it given them even basic due process of law in the removal process:

1. All tenured teachers that LAUSD seeks to remove are entitled to a Skelly hearing where the teacher had a legal right to know the charges, evidence, and witnesses against them. Although LAUSD has called what they do a Skelly hearing, none of the aforementioned rights have been afforded the teacher in this pro forma proceeding where the conclusion to recommend dismissal was a foregone conclusion before this meeting ever took place.

2. Once the "Skelly" has been given, the Education Code Section 44939 and 44944 require that either the teacher be dismissed on the basis of a "verified complaint" or by allowing the teacher to defend themselves before the LAUSD Board- neither takes place. The head of LAUSD Human Resources Vivian Ekchian signs a letter telling the teacher that they are dismissed, but in no way is this letter "verified," because Ms. Ekchian is not signing this letter under penalty of perjury, which is what a verified complaint is nor does she have any actual information or belief in the validity of the charges against the teacher she is signing the dismissal letter for. Furthermore, the LAUSD Board rubber stamps the dismissal without ever giving the teacher an opportunity to defend themselves. During last month's closed LAUSD Board session, when the Board got rid of 10 teachers in 39 minutes, it is worth noting that they also had a significant amount of other business that they handled in addition to rubber stamping / "robo" signing the 10 teacher dismissals. Is this due process of law?

3. And finally, in the illegally abridged process of removing 853 teachers from their jobs last year, LAUSD administrators had no problem removing any exculpatory evidence from the case they were fabricating against the teachers that would not just resign. One administrator actually made the comment that evidence that either supported the teacher or showed that they had done nothing wrong "was not admissible, since it did not support LAUSD's case for removing the teacher- talk about a kafkaesque reality.

Attorney Lapekas argued that what LAUSD by these egregious and purposeful failures systematically engaged in over time was not only a violation of teacher's right to procedural due process, but that they were also such a serious substantive violation of due process that the OAH should dismiss all charges against the teacher in this case with prejudice to stop LAUSD from merely refiling the charges. 

Judge Erlinda Shrenger of the OAH took the case under advisement and stated that she will have a decision by this Friday, May 11th. As to whether the case will be allowed to continue or whether LAUSD will be ordered to drop all charges against the teacher is anyone's guess. Given that such a precedent would have a strong bearing on all similar cases against teachers, one can be sure that however Judge Shrenger decides either Attorney Lapekas or LAUSD's outside counsel Mr. Morris will appeal the decision by writ to a higher court.

Whatever happens, it is important that LAUSD is finally being confronted and not given unbridled discretion over the lives of hundreds of teachers. As teachers and others see that LAUSD can be held accountable, maybe some other munchkins will come out and talk about what they know.

If you or someone you know has been targeted and are in the process of being dismissed and need legal defense, get in touch:
Lenny@perdaily.com