News Corp. Education Tablet: For The Love Of Learning?

Joel and Rupert want to get into the education-online business. We think: nothing wrong with that!
Maybe the NYC Department of Education will stop throwing tech teachers out for no reason.

Joel Klein

by DAVID FOLKENFLIK

March 08, 2013 2:03 AM

LINK

 

The educational division of the media conglomerate News Corp., called Amplify, unveiled a new digital tablet this week at the SXSW tech conference in Austin, Texas, intended to serve millions of schoolchildren and their teachers across the country.

Amplify promises the tablet will simplify administrative chores for teachers, enable shy children to participate more readily in discussions, and allow students to complete coursework at their own pace while drawing upon carefully selected online research resources.

News Corp. chairman and CEO Rupert Murdoch views the digital tablet as part of a push to modernize the educational system. But he has another goal in mind as well. The media mogul is counting on future revenues from his educational branch to help shore up the finances of his newspaper and publishing division as it is split off later this year from the conglomerate's vast holdings in television and entertainment.

And as a result, News Corp.'s initiative is stirring both interest and controversy.

In the past few years, Murdoch has described education as a market worth hundreds of billions of dollars. At a May 2011 event in Paris, Murdoch noted that the fields of medicine, finance and media have all accelerated their adoption of technology. But schools have failed to share such advances, he said.

"Today's classroom looks almost exactly the same as it did in the Victorian age: a teacher standing in front of a roomful of kids with only a textbook, a blackboard and a piece of chalk," Murdoch said.

The person Murdoch hired to lead his charge, Joel Klein, is familiar in education circles. Klein is a Democrat and served as assistant attorney general under President Clinton. He was chancellor of the New York City school system for more than eight years for Mayor Michael Bloomberg. He's easy to pick out at Amplify's offices in midtown Manhattan. He's the only person dressed in a suit and tie in a workspace that more closely resembles a startup — replete with people confidently volleying at a pingpong table and piloting miniature helicopters overhead as their CEO walks by.

"Critics and others have said, 'You know ... technology has been around a long time, but it hasn't changed the learning experience,' " Klein told NPR. "It's not about hardware, it's not about devices, it's really about learning.

"And if this does what I believe it will do — which is enhance the teaching and learning processes — then it's going to be a home run."

A sneak peak revealed an Android tablet with a firm silicone jacket (designers say they have to expect pupils to be as careless with the tablets as they are with traditional textbooks). It is customized with apps for teachers to help them run quizzes and determine pupils' progress with ease while containing all of their coursework in a single, 10-inch device. It comes loaded with Amplify's curricular materials that satisfy so-called "Common Core" requirements mandated in all but five U.S. states. If Amplify wins the rights to carry most texts electronically — admittedly a tough nut to crack, given how warily publishers view e-books — the tablet can truly serve as a digital backpack.

Other companies, including such giants as Apple, are trying to sell school districts on the value of their tablets, too. Stephen Smyth, president of Amplify's Access division that creates the digital platforms on which its curricular material is delivered, argues that his company's tablet is distinctive because it is designed to allow students to interact with teachers instantaneously.

"These devices are connected," Smyth said recently. "If you go to Best Buy or a retailer and buy a tablet off the shelf, it can't do this. Really, what we're trying to solve here is actually how to have teachers use tablets in the classroom environment."

But some critics question what problem the tablets from Amplify — and its competitors — are solving. Some teachers union officials argue that Amplify's efforts are part of a disturbing effort to lure politicians with technology that promises to enable teachers to handle more students per class — and thus reduce how many teachers school districts will need to employ.

Leonie Haimson, executive director of the nonprofit Class Size Matters in New York City, said Klein and Murdoch "believe that public school kids should have larger classes, and instead of getting personalized instruction via their teachers, should do it via a computer."

The tablet may well function perfectly well on its own terms, Haimson said, but she contends that Amplify's goal is less about helping schoolchildren than about turning a profit.

"It's all part of the same vision they have for transforming education by privatizing it," Haimson said. "And we have seen not just in New York City but nationwide an avid pillaging going on of public resources for private ends."

Klein's record in New York, a selling point in Murdoch's decision to hire him, is political baggage among some of his foes in the battles over education policy. Diane Ravitch, a former assistant education secretary under President George H.W. Bush who now criticizes some of her earlier allies, wrote last year that Klein and former Secretary of State Condoleezza Rice had manufactured a schools crisis in a report for the Council on Foreign Relations. Klein and Rice wrote a report that carried this stark warning: "Educational failure puts the United States' future economic prosperity, global position and physical safety at risk."

She wrote that Klein and Rice offered prescriptions that were unproven — especially the reliance on technology proffered by private corporations.

Just days after leaving city government in 2010, Klein joined News Corp. in order to invigorate Murdoch's efforts in education. The company swiftly paid $360 million for an educational tech venture called Wireless Generation, which had been a contractor for the city schools on two high-profile projects. That firm was used as the basis for what they rechristened "Amplify."

But before they could get very far, Murdoch's tabloids in London became embroiled in the bribery and criminal phone hacking scandal. New York state revoked a $27 million contract for an education database with Amplify, citing concerns about the integrity of its parent company.

And Klein was pulled away to help Murdoch clean up the legal mess. He led an effort to collaborate with law enforcement authorities in both the U.K. and the U.S., thus limiting the company's likely liability in both countries and enabling it to avoid any criminal prosecutions or major civil sanctions for bribery in the U.S., at least so far. 

"The good news was, while we had a problem in the U.K., that problem wasn't a global problem," Klein said.

Yet Klein, now back at Amplify, conceded there is some suspicion of his boss's politics and motives, too.

In this country, Murdoch has pushed for greater reliance on charter schools, criticized teachers unions and given money to aid select politicians sharing his agenda. For example, records show News America, an arm of News Corp., gave $250,000 toward a group that helped to fund like-minded candidates running for the Los Angeles Board of Education. And Murdoch's primary American news organizations — Fox News, the Wall Street Journal and the New York Post — have high-profile conservative pundits who have often been skeptical to the point of hostile toward teachers groups.

But Klein said Amplify should not be confused with its corporate siblings that often serve as a platform for political stands.

"Rupert realized this from the beginning: This is a division that's going to be focused on education," Klein said. "We don't have a political mission — none whatsoever. What we're doing is developing materials in math and science and the English language arts — designed by leading experts.

"Our commitment," Klein said, "is education only. We have no subsidiary agenda."

 

The Lawless NYC Department of Education

Bloggers have noticed that there seems to be a disconnect between what has happened to the lawfully bargained rights of teachers and the "law". This is a necessary and important discussion which has been ignored for 10 years as political cliques try to hide the immense harm that has befallen teachers, parents, and children under Mayor Bloomberg and the NYC Department of Education. Read my comments after the blog post below.

One of the newest additions to the outcry about this mess in NYC is below, from a great blog named "Accountable Talk":

Some Legal Questions

Accountable Talk

LINK

You've probably heard that a judge barred Governor Cuomo from stealing $250 million from NYC schools to satisfy his ego. The judge correctly ruled that children should not be punished because the city and UFT failed to reach a deal. This, to me, brings up a question.

Why isn't the UFT using the courts to prevent Cuomo from imposing an evaluation system on NYC teachers? Obviously, I'm a teacher and not a lawyer, but it seems to me there's a strong case here. Our contract, which was collectively bargained, is still in force and there is no provision in it for a new evaluation of any kind. Since when does the state have the power to unilaterally alter a contract because it doesn't like the terms? The few law courses I took emphasized the fact that contract law is pretty solid in this country. Has that changed? How can the state, which has a stake in the outcome of this dispute, simply choose to override a valid contract signed and agreed to by both parties?

Furthermore, any evaluation system imposed on us would be in direct opposition to the Triborough Amendment to the Taylor Law, which states that a collectively bargained contract must stay in force until a new contract is signed. How can the governor just vacate that law? If he does, would that invalidate the rest of the Taylor Law as well, and allow teachers to strike without penalty?

If Cuomo can force this contract alteration on us, what would stop him from passing a law mandating a 50% cut in salary for all city workers if he wishes to? It's the same thing. Collective bargaining itself is threatened if the state decides that it can simply alter contracts it doesn't like.

I'd appreciate the opinion of any lawyer out there on these questions. I think the courts would enforce existing contracts and tell the Gov. to stick his power grab. So, how about it?

NYS Supreme Court Judge Manuel Mendez Says NYC Cannot Deny $260 Million To Schools

Judge Manuel Mendez (back row center) With The Young People's Chorus

My opinion:
Judge Mendez vacated the six-month suspension without pay decision made by Arbitrator David Hyland against my dear friend Chris Asch. In my opinion, Mendez is one of the best judges in our Court System right now.

Betsy Combier

Judge Says State Cannot Withhold Aid to City Schools Over Teacher Evaluation Impasse

By AL BAKER, NY TIMES

LINK

State officials, for now, cannot stop $260 million in aid from flowing into New York City’s schools as a penalty for the city’s failure to iron out a plan for evaluating public school teachers, a state judge ruled this week.

The preliminary injunction was a blow to Gov. Andrew M. Cuomo’s promise to withhold the money after the Bloomberg administration and the city’s teachers’ union missed a Jan. 17 deadline for developing an evaluation system for the 75,000 teachers, which is also a core element of the state’s winning a lucrative federal grant.

Though the financial penalty was intended to motivate the two sides to act, they did not, and the judge, Justice Manuel J. Mendez of State Supreme Court in Manhattan, issued a ruling on Tuesday barring the state’s education commissioner from deducting any school aid due the city until the matter is decided in court.

Justice Mendez, in a four-page decision made public on Thursday, ruled that “innocent children,” particularly the neediest among them, could be hurt by financial cuts, as the plaintiffs had argued. He also agreed with the plaintiffs’ central argument that the matter revolves around a child’s constitutional right to a sound basic education.

“This decision is a substantial victory for all of New York City’s students,” said Michael A. Rebell, a lawyer who filed suit against the state on Feb. 5 on behalf of a group including nine parents and their children. “The judge clearly indicated that the state’s irrational penalty places innocent children at academic risk.”

State Supreme Court Justice Manuel Mendez delivers remarks during his swearing-in ceremony at Isabella Geriatric Center at 515 Audubon Ave.

Reaction to the decision underscored the bitterness over the issue, first outlined in 2010 state law.

Catherine T. Nolan, a Democrat from Queens and the chairwoman of the State Assembly’s education committee, called the ruling “tremendous,” adding, “No one should ever use formula-driven aid to punish kids.”

A spokesman for the state attorney general’s office, whose lawyers had argued the case, declined to comment. Dennis Tompkins, a spokesman for the education commissioner, John B. King Jr., said it would be “inappropriate to comment” now, given the department’s role in the process. And Matthew Wing, a spokesman for the governor, noted that the judge’s ruling was a preliminary injunction and said that the state would appeal.

Mr. Rebell said he was prepared to fight any appeal.

Micah Lasher, the executive director of StudentsFirstNY, an education advocacy organization, pointed out that Justice Mendez had indicated that there were other ways to ensure that evaluation plans were put in place without lashing the issue to financial penalties. But he said it was unclear if the decision might affect districts around the state where such penalties could be sought.

“The ruling is a huge deal, potentially jeopardizing a key part of the evaluation law affecting not just the city, but the whole state,” Mr. Lasher said. “But the governor could use the opportunity to figure out how to make teacher evaluations permanent without putting funds at risk.”

In a statement, Howard Wolfson, a deputy mayor in the Bloomberg administration, laid the blame at the union, the United Federation of Teachers, saying, “We’ve said all along that students should not be penalized for the U.F.T.’s failure to negotiate.” He added, “Our goal has been and continues to be a fair and effective evaluation system.”

Dick Riley, a union spokesman, replied: “If the mayor had not blown up the teacher evaluation deal, this lawsuit wouldn’t have been necessary.”

Appellate Division Grants Michael Thomas' Appeal To Obtain OSI Report Under FOIL

Matter of Thomas v New York City Dept. of Educ.

2013 NY Slip Op 01026

Decided on February 19, 2013

Appellate Division, First Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Hi Betsy!

I think you might find the decision discussed below useful!  Misconduct by administrators is frequently covered up by OSI or SCI.  The agencies do not substantiate the allegations and then refuse to release the investigation reports under FOIL--claiming that disclosure would be an "unwarranted invasion of personal privacy."  The decision at least requires the agencies to submit the reports for an in camera inspection!

Thanks!

Mike Thomas

Decided on February 19, 2013 
Mazzarelli, J.P., Andrias, DeGrasse, Richter, Clark, JJ.
9018 113739/11 

[*1]In re Michael P. Thomas, Petitioner-Appellant, 

v

New York City Department of Education, et al., Respondents-Respondents.

Hagan, Coury & Associates, Brooklyn (Paul Golden of 
counsel), for appellant. 
Michael A. Cardozo, Corporation Counsel, New York 
(Elizabeth I. Freedman of counsel), for respondents. 

Judgment, Supreme Court, New York County (Geoffrey D. Wright, J.), entered April 9, 2012, denying the petition seeking to compel respondents to disclose documents requested by petitioner pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the proceeding reinstated, and the matter remanded for an in camera inspection of the requested documents to determine if redaction could strike an appropriate balance between personal privacy and public policy interests, and whether respondents otherwise assert applicable FOIL exemptions.

Petitioner is a public school teacher employed by the Manhattan Center for Science and Mathematics (MCSM), which allegedly receives funds under Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA), reauthorized as the No Child Left Behind Act of 2001 (20 USC § 6301 et seq.). In August 2010, pursuant to the "No Child Left Behind Written Complaint and Appeal Procedures" adopted by the New York State Education Department, petitioner filed a complaint against the administrators of MCSM alleging that: "1. the [school's] 2009-2010 Comprehensive Educational Plan (CEP) was not developed with the involvement of parents and other members of the school community as required by Section 1114(b)(2)(B)(ii) of Title I, Part A of the ESEA; 2. required components of a schoolwide program that address the needs of at-risk students were not implemented as required by Section 1114(b)(2) and Section 1118 of Title I, Part A of the ESEA; 3. Title I funds were misappropriated and were not used to implement the components of a schoolwide program as required by Section 1114(b)(2)(A)(ii) of Title I, Part of the ESEA; and 4. the 2010-2011 CEP did not exist as required by Section 1114(b)(2)(B)(ii) of Title I, Part A of the ESEA."

Respondent New York City Department of Education (DOE) referred the complaint to its Office of Special Investigations (OSI). After OSI found the allegations to be unsubstantiated, petitioner filed a FOIL request seeking the investigative report and related documents.

DOE's Central Record Access Officer (CRAO) denied the FOIL request pursuant to Public Officers Law § 87(2)(b) on the ground that all of the OSI records were exempt from disclosure because they related to unsubstantiated allegations of misconduct and their release [*2]would constitute an unwarranted invasion of the personal privacy of the employees in question. Respondent Michael Best, General Counsel of DOE, denied petitioner's administrative appeal, finding that the CRAO's determination fell "well within the bounds" of the Committee on Open Government's published advisory opinions denying FOIL requests in the context of unsubstantiated complaints, and that redaction of identifying details would not protect the personal privacy of the subject individuals because petitioner filed the underlying complaint and therefore knew the identity of the persons whose details he would have DOE delete.

The No Child Left Behind Written Complaint and Appeal Procedures expressly contemplate FOIL requests for Investigative Reports, stating as follows: "Does the State Education Department maintain a record of all complaints/appeals? Yes. Copies of correspondence, related documents, investigative reports, and summary reports involved in the complaint/appeal resolution will be maintained by the State Education Department for five years. Records will be made available to interested parties in accordance with the provisions of the New York State Freedom of Information Law (Public Officers Law Sections 84-89)."

Pursuant to FOIL, government records are presumptively available to the public unless they are statutorily exempted by Public Officers Law § 87(2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]). "Those exemptions are to be narrowly construed, with the burden resting on the agency to demonstrate that the requested material indeed qualifies for exemption" (Matter of Hanig v State of N.Y. Dept. of Motor Vehs., 79 NY2d 106, 109 [1992]).

Public Officers Law § 87(2)(b) permits an agency to deny access to a document, or portion of a document, if disclosure "would constitute an unwarranted invasion of personal privacy." "What constitutes an unwarranted invasion of personal privacy is measured by what would be offensive and objectionable to a reasonable [person] of ordinary sensibilities" (Matter of Beyah v Goord, 309 AD2d 1049, 1050 [3d Dept 2003] [internal quotation marks omitted]).

"Public Officers Law § 89(2)(b) says that an unwarranted invasion of personal privacy includes, but shall not be limited to seven specified kinds of disclosure. In a case, like this one, where none of the seven specifications is applicable, a court must decide whether any invasion of privacy . . . is unwarranted by balancing the privacy interests at stake against the public interest in [the] disclosure of the information" (Matter of Harbatkin v New York City Dept. of Records & Info. Servs., 19 NY3d 373, 380 [2012] [internal quotation marks omitted]). However, the section does not create a blanket exemption. Public Officers Law § 89(2)(c)(i) provides that "[u]nless otherwise provided by this article, disclosure shall not be construed to constitute an unwarranted invasion of personal privacy pursuant to paragraphs (a) and (b) of this subdivision: . . . when identifying details are deleted."

The federal No Child Left Behind Act of 2001 (the NCLB) states as follows: "The purpose of this subchapter [20 USC § 6301 et seq.] is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state [sic] academic assessments" (20 USC § 6301). Based on the theory that poverty and low scholastic achievement are closely related, Subchapter I, Part A, of the NCLB, titled "Improving Basic Programs Operated by Local Educational Agencies," provides federal grants-in-aid to support compensatory education for disadvantaged children in low-income areas.

Petitioner's FOIL request sought the investigation report relating to his complaint against the administrators of MCSM, alleging that, in violation of the ESEA, the school's CEP was not[*3]developed with the involvement of parents and other members of the school community, that required components of the CEP were not implemented, and that Title I funds were misappropriated. Issues involving the expenditure of education funds and the quality of education, and why a government agency determined that a complaint concerning a violation of federal law relating thereto is allegedly unsubstantiated, are of significant public interest.

Despite this significant public interest, respondents denied the FOIL request in its entirety, with respondent Best citing a published advisory opinion of the Committee on Open Government, which states that "records related to unsubstantiated allegations of misconduct are not relevant to job performance and, therefore, disclosure constitutes an unwarranted, not a permissible, invasion of personal privacy" (FOIL-AO-10399 [October 31, 1997]; see also FOIL-AO-12005 [March 21, 2000]). Acknowledging this policy, Supreme Court affirmed, stating in part that "[s]o long as the subject matter is quasi criminal in nature, as is the claim here, then the entire file of the investigation and the resulting findings, should be regarded as beyond the reach of [FOIL]."

However, advisory opinions issued by the Committee on Open Government "are not binding authority, but may be considered to be persuasive based on the strength of their reasoning and analysis" (Matter of TJS of N.Y., Inc. v New York State Dept. of Taxation & Fin., 89 AD3d 239, 242 n [3d Dept 2011]; see also Matter of Buffalo News v Buffalo Enter. Dev. Corp., 84 NY2d 488, 493 [1994]). There is no statutory blanket exemption for investigative records, even where the allegations of misconduct are "quasi criminal" in nature or not substantiated, and the ability to withhold records under FOIL can only be based on the effects of disclosure in conjunction with attendant facts (see Matter of Gould v New York City Police Dept., 89 NY2d 267, 275 [1996] ["[B]lanket exemptions for particular types of documents are inimical to FOIL's policy of open government"]). Indeed, the Committee for Open Government has issued "advisory opinions regarding agencies' obligations under FOIL and has concluded, inter alia, that unless exempted under FOIL, the DOI [New York City Department of Investigation] must reveal the names of DOI employees who conducted an investigation once it has concluded (FOIL-AO-9399), communications between the DOI and the Department of State are subject to disclosure (FOIL-AO-4766), closing memoranda' prepared by the DOI as a result of an investigation are presumptively accessible to the public (FOIL-AO-9399), and the DOI must disclose all written documents, including reports and memoranda if sought pursuant to a FOIL request (FOIL-AO- 3656)" (Murphy v City of New York, 2008 NY Slip Op 31926[U] [Sup Ct, NY County 2008] [DOI has no duty to ensure the confidentiality of its investigative reports, but, as a matter of law, is obligated to make available for public inspection all documents not specifically exempted under FOIL], affd 59 AD3d 301 [1st Dept 2009]).

For example, FOIL-A-9399, cited in Murphy, dealt with a request by the Daily News for closing memoranda prepared by the DO. The advisory opinion explained that "if a final determination identifies a person who is the subject of a charge or allegation and the determination is that the charge or allegation has no merit, I believe that an applicant would have the right to obtain the substance of the determination, following the deletion of personally identifiable details. The Daily News may be interested not only in those cases in which charges have been substantiated, but also those in which the charges are found to have been without merit, perhaps as a means of attempting to ascertain more fully how DO operates and carries out its official duties."

This reasoning applies equally to petitioner's FOIL request for OSI's investigative report [*4]and related documents. As the Legislature declared in Public Officers Law § 84, "[t]he people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality."

FOIL-AO-10399, on which respondents rely, does not require otherwise. In that advisory opinion, which pertains to the disclosure of records related to an incident of alleged sexual 
harassment, the Committee stated as follows: "It is clear that public employees enjoy a lesser degree of privacy than others, for it has been found in various contexts that public employees are required to be more accountable than others. Further, the courts have found that, as a general rule, records that are relevant to the performance of a public employee's official duties are available, for disclosure in such instances would result in a permissible rather than an unwarranted invasion of personal privacy. Conversely, to the extent that records are irrelevant to the performance of one's official duties, it has been found that disclosure would indeed constitute an unwarranted invasion of personal privacy" (internal citations omitted).

Here, the underlying complaint pertains to MCSM's administrators' performance of their official duties when using and applying federal funds, and in constructing and implementing the CEP. Accordingly, this matter should be remanded to the article 78 court for an in camera inspection of the documents to determine if redaction could strike an appropriate balance between personal privacy and public interests and which material could be properly disclosed (see Matter of Molloy v New York City Police Dept., 50 AD3d 98, 100-101 [1st Dept 2008]; Kwasnik v City 
of New York, 262 AD2d 171 [1st Dept 1999]). The court should also determine whether portions of the documents may be exempt from disclosure as intra- or inter-agency records that are not statistical or factual data (Public Officers Law § 87[2][g]; see generally Matter of Gould v New York City Police Dept., 89 NY2d 267, 275 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER 
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 19, 2013

CLERK

previously posted on NYC Rubber Room Reporter:

Teacher Michael Thomas is Removed From Manhattan Center

Whistleblowing the NYC BOE is a dangerous action to take, as Michael Thomas found out.
Another whistle-blower sent to rubber room
by Jim Callaghan, NY Teacher
Jun 5, 2008 3:59 PM

"In the Soviet Union, the government silenced dissidents by placing them in psychiatric institutions; in New York City, the Department of Education silences teachers by placing them in 'rubber rooms.' I am fortunate that students and teachers speak for me."

- Michael Thomas

When teacher Michael Thomas reported irregularities in the grading of Regents exams and the way Title I funds were spent at his school, he never expected to find himself banished to a Temporary Reassignment Center, a 'rubber room.'

He never expected the executive board of the school's PTA to send a letter to every parent spreading a malicious rumor about him.

Thomas never thought that those executive board members would use the group's name to smear his reputation as an exemplary teacher, one who is admired by students.

Principal David Jimenez has told some people at the school, the Manhattan Center for Science and Mathematics, that he never saw the letter. He has told others that he did, in fact, see the letter. Two phone calls to his office by the New York Teacher were not returned. An e-mail message to Steve Koss, the president of the PTA, one of the signatories of the letter that tarnished Thomas, was not answered.

The good news for the beleaguered Thomas is that his colleagues understand the kangaroo-court mentality of Chancellor Joel Klein and his deputies and have rallied to his side, staging several demonstrations outside the school and writing letters on his behalf.

Nearly 50 teachers marched in front of the school on May 20 with signs that read: "Stop the insanity. Speaking truth to power should not be a removable offense," and, "Stop interfering with union activities," and, "Teachers have a right to due process. Close the rubber rooms."

In addition, more than 500 students staged a protest over his abrupt transfer by walking out of their classes.

Thomas, a 19-year veteran of the school system who was selected as a Math for America teacher, served in the Peace Corps in Africa for three years. He has never had an Unsatisfactory rating. Students in his classes consistently received the highest scores on the Regents exams.

For the past two years, he has been trying to change the administration of Title I targeted assistance by the city and state. He claims that the policies prevented the school from spending all Title I funds and said that the school has lost $417,000 in federal funds.

Thomas said that Jimenez was a new principal in September 2007 and blames him for the loss of the funding, even though Thomas tried to tell him to use all Title I funds correctly.

Also, in October 2007, a math teacher just two months short of becoming tenured was given an U-rating by an assistant principal. Thomas claims Jimenez ordered the rating before the class was even taught. He wrote a letter protesting the rating and had it signed by tenured teachers in the department, which angered Jimenez.

Meanwhile, Jimenez - who allegedly took no action when informed of the scoring irregularities on the Regents exams - is still in the school, making decisions that adversely affect the lives of teachers. In this he is following the path of the principals at John F. Kennedy and Susan Wagner high schools: meting out retribution against teachers who reported problems with Regents.

In an attempt by Jimenez to get him off the DOE payroll, Thomas was ordered to undergo a psychological exam at the DOE Medical Bureau, which took place on May 1. According to Thomas, a doctor asked him to reply to allegations made by Jimenez. The only medical question the doctor asked was if he was 'sleeping normally.'

Thomas hired a world-renowned psychiatrist, Dr. Alberto Goldwasser, to accompany him to the Medical Bureau, which found him medically fit to teach.

As a back-up to his psychological gambit, Jimenez invented new accusations, including accusing Thomas of "corporal punishment." In Joel Klein's world of due process, proof is not required to remove a teacher from the classroom.

On April 16, Thomas and three other teachers at the school wrote to the office of Richard Condon, the special commissioner of investigation, asking for a probe of misconduct by Jimenez and Charles Kwan, the assistant principal for mathematics. The teachers claim that Kwan ordered the re-grading of the January 2008 mathematics Regents but he said that 'only certain papers' were 'rescored.'

The PTA letter maligning Thomas drew a strong criticism from Chapter Leader Lise Hirschberg, (pictured at right) who called it "an attempt to repress union actions and student protests regarding the reassignment of Mike Thomas." She said it was "a biased and false account that could have calmed parents but instead inflamed students and defamed teachers. It is inconceivable that anyone would view the mailing as appropriate."

At a minimum, Hirschberg said, "the chapter is expecting a retraction mailed to all parents. The administration and the PTA executive board must be held responsible."

Hirschberg said the PTA board responded to the issue by "voting to remove the teachers from the PTA and block them from voting in their second attempt at an election of officers. The first election was invalidated."

Thomas said he is "blessed to have the continued support of the teachers and students of Manhattan Center." He said the last two months have been "extremely difficult, having endured three investigations, a psychological exam, the removal from my school after 19 years and a defamatory letter distributed by the PTA president."

When he thinks of quitting, Thomas added, "My colleagues always convince me that this is a fight we must win together."

The students, he said, "have seen through the lies of the administration and are trying to save the school they love," adding that the school administration "is perceived as an occupying force, not as a part of the school community. Whatever the outcome of my case, the administration has already lost."