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Wednesday, March 18, 2015

NYC DOE Senior Counsel and Investigations

If you are charged with corporal punishment or verbal abuse, use the information below to prove/disprove what the investigator on your case did wrong, and hopefully you will win your case.

Betsy Combier

Available at: NYC DOE Senior Counsel

Senior Field Counsel

Each Children First Network (CFN) has a designated senior attorney and a paralegal to provide legal support to network and cluster staffs, as well as to school leadership throughout the borough.

The Senior Field Counsel provide direct assistance to administrators and school leadership in resolving matters with legal implications. The attorneys also provide guidance in interpreting and implementing the Chancellor’s Regulations.

Senior Field Counsel can provide legal guidance in many areas, including:
  • Labor and Employment law, including employee discipline
  • student safety and health
  • student discipline
  • school policies, including religious accommodations, dress codes, school trips, school security, student health, etc.
  • facilities issues
  • other school-based legal issues as needed
  • assist with responses to litigation, human rights investigations, student discipline matters and other legal matters


The Senior Field Counsel also provide regular trainings to school leadership on a variety of legal issues. Specific trainings can be requested through your Senior Field Counsel.


School Based Investigation LinksCorporal Punishment Reporting Form
A-420: Pupil Behavior and Discipline - Corporal Punishment
A-421: Verbal Abuse


School Based Investigation Checklist
Instructions for Investigating School Based Complaints
48 Hour Notice
Waiver of Union Representation
Waiver of 48 Hour Notice
Privacy Acknowledgement

    Monday, March 16, 2015

    Principals From Hell: Caterina Lafergola-Stanczuk at Automotive High School Keeps the F-Rating, Proudly, With Carmen Farina's Support

    Automotive High School
    Don't forget that Automotive HS is a New Visions school. New Visions' Schools don't fail, they have slumps that are not anyone's fault, especially not the principal's fault.....NOT

    and people wonder what the heck is going on at the DOE? Who knows? Trouble is, we care. We must care.

    Betsy Combier

    Caterina Lafergola-Stanczuk

    Brooklyn high school principal rehired despite failing record

    , March 15, 2015
    LINK
    The city has quietly kept a principal who presided over four years of failure at Automotive HS in the driver’s seat — despite the state’s demand for dramatic change at the “out-of-time” school, The Post has learned.
    Under Caterina Lafergola-Stanczuk, the F-rated school in Williamsburg, Brooklyn, has seen its enrollment plummet from 1,000-plus to 420 students.
    Last Monday, a committee including Department of Education and union officials voted behind closed doors to rehire Lafergola.
    But no announcement was made the next day, when Mayor de Blasio and Schools Chancellor Carmen Fariña held a press conference to tout the city’s progress in helping 94 failing schools.
    Among the schools was Boys and Girls HS in Bedford-Stuyvesant, Brooklyn, and Automotive, both of which were declared “out of time” to improve by the state.
    “The status quo is unacceptable,” de Blasio had declared.
    He and Fariña boasted of replacing Boys and Girls’ principal, Bernard Gassaway, with Michael Wiltshire, leader of the Medgar Evers College Preparatory School in Brooklyn. Fariña later called him “a proven leader.”
    No one mentioned that Lafergola-Stanczuk was staying.
    Some staffers at Automotive, which includes auto-repair training, were disgusted.
    “What’s the point of changing the school if you have the same failing principal who’s been failing for four years?” one said. “Nothing different is happening. The school is still in bad shape as far as servicing the students.”
    The staffer questioned de Blasio’s claim that 54 of the 94 schools in the DOE’s School Renewal program were given “extra instructional time” for students.
    “What extra time?” the staffer said. “The students come in at 8 a.m., take classes until 1:30 p.m. and have a lunch period until 2:20 p.m. They’re not getting anything extra.”
    It offers Advanced Placement classes, but records show no student has passed an AP exam.
    Of the Class of 2014, 49 percent graduated in four years, but only 3 percent did so with Regents scores high enough to enroll at CUNY without remedial help. That was up from 1 percent in 2011.
    Faculty have openly faulted Lafergola-Stanczuk’s leadership. In 2012, Tiffany Judkins, a teacher hired under a federally funded “transformation” plan, testified at a hearing that the school suffered from “rampant miscommunication, a lack of organization and a lack of any kind of clarity of purpose,” Chalkbeat.com reported.
    A veteran teacher said: “Any other principal with this record would have been dismissed. Why is she being allowed to continue?”
    DOE spokesman Harry Hartfield said both Automotive and Boys and Girls “need strong leadership to succeed — and that’s exactly what they have.”
    Both principals have boosted daily attendance rates and credit accumulation, putting more kids on track to graduate, he said. Automotive offers tutoring after school and is also beefing up its career and technical program.
    The state Education Department declares low-performing schools “out of time” if they fail to make sufficient progress after three years. The designation requires drastic action, including shutting, converting to a charter school or assuming an “alternative governance” — the option chosen by the DOE.
    The city put the troubled schools in a group under Superintendent Aimee Horowitz, who sources say likes Lafergola-Stanczuk.
    But Lafergola-Stanczuk dissed a veteran administrator whom the DOE sent in September to coach her, calling him “a moron,” staffers told The Post.
    Also last fall, two teachers at Brooklyn Technical HS complained of being told their scoring of Regents essays for Automotive students was too strict because the seniors “needed to graduate.”
    Lafergola-Stanczuk denied any fudging.
    Lafergola-Stanczuk, 44, makes $140,000 a year as principal. She previously worked as an English teacher at Franklin K. Lane HS in Queens.
    In an e-mail to staff on Tuesday, Lafergola-Stanczuk said she “sat for my re-interview” and got the job. “I look forward to serving our learning community as we continue to strive toward excellence,” she wrote.

    Pledging Stronger Public Schools, Mayor de Blasio Announces ‘School Renewal Program’

    November 3, 2014
    LINK
    City investing $150 million to transform 94 struggling schools
    All 94 schools will become Community Schools, provide one-hour extra of instruction each day, launch after-school programs, strengthen family engagement, and receive extra professional training for teachers
    Schools and leadership will be held accountable for results
    NEW YORK—In a speech before hundreds of parents and community leaders, Mayor Bill de Blasio unveiled the School Renewal Program, a new strategy to turn around New York City’s most challenged schools.
    The School Renewal Program will fundamentally change the direction of and accelerate progress in 94 struggling schools, in stark contrast with the old approach of simply closing or phasing out schools. Each Renewal School will transform into a Community School, knitting together new services that support children’s families, as well as their mental health and physical well-being. Each Renewal School will provide an extra hour each day of extended instruction and could offer additional after-school, weekend, and summer learning opportunities, as needed. And each will receive additional resources for academic intervention and professional development to create a better learning environment for students.
    The plan will invest $150 million to fundamentally build each school’s education capacity across the elements of the Chancellor’s Capacity Framework: rigorous instruction, supportive environment, collaborative teachers, effective school leadership, strong family-community ties, and trust.
    The Department of Education will develop tailored implementation plans, closely track every school’s progress, and hold schools accountable to meeting strict goals over the next three years. Schools that do not meet targets for each academic year would face a leadership and faculty change, as needed, and possible reorganization.
    “We believe in strong public schools for every child. Getting there means moving beyond the old playbook and investing the time, energy and resources to partner with communities and turn struggling schools around. We’re going to lift up students at nearly one hundred of our most challenged schools. We’ll give them the tools, the leadership, and the support they need to succeed—and we’ll hold them accountable for delivering higher achievement,” said Mayor Bill de Blasio.
    “Today marks an unprecedented commitment to deliver for our schools that need extra support, and I know this will translate into real improvements in student outcomes,” said Schools Chancellor Carmen Fariña. “With the right leadership, rigorous instruction, community partnerships, family engagement, and ongoing support, every school can be great. We will ensure our school communities are anchored in trust, and with the cooperation of all major stakeholders, we will support our schools—our students deserve no less, and I’m determined to get this right.”
    Among the 94 schools participating in the School Renewal Program, 43 are located in the Bronx, with 27 in Brooklyn, 12 in Manhattan, and 12 in Queens. The 94 schools include schools that were identified by the State as Priority or Focus Schools and have demonstrated low academic achievement for each of the past three years, ranking in the bottom 25 percent of City schools on Math and ELA state exam scores or graduation rates, and showed limited capacity for improvement with a rating on their most recent Quality Review of “proficient” or below.
    The research-based Community School model has a proven track record of improving academic achievement. It provides vital mental health and social services and engages families and community as partners in students’ education, as part of a holistic approach towards elevating educational outcomes. Based on individual circumstances and challenges, each of the 94 schools will be matched to one or more community-based organizations and a full-time resource coordinator, who will organize the delivery of resources like optometrists, dentists, mentors, and mental health professionals.
    In addition to adopting the Community School model, each school will offer one hour of extended time each day for student learning. Additional supports could include more after-school, weekend, and summer programming.
    Each school will develop its own School Renewal Plan by Spring 2015, in partnership with its school leadership team and school community.
    Aggressive Supports and Reforms for 94 Low-Performing Schools
    Each school-specific School Renewal Plan will outline the school’s approach to transforming into a Community School and offering extended time, as well as feature the following supports and reforms:
    • Additional resources, such as academic intervention specialists, guidance counselors, social workers, small group instruction and individualized plans to meet the academic and emotional needs of every student
    • Extensive professional learning and development for school staff, including intensive coaching for principals
    • Enhanced oversight from superintendents who all recently completed a rigorous interview process
    • Frequent visits from DOE trained staff to provide feedback and closely monitor progress
    Additional targeted supports tailored to each school, based on its individual needs, may include:
    • Modified curriculum to maximize school improvement
    • New master and model teachers who can share their craft with other educators at the school
    • Operational support, enabling principals to focus on supporting their teachers to ensure rigorous classroom instruction
    • Additional resources for school safety and social service programs designed to address the specific identified needs of the student population
    Accountability and Transparency in the School Renewal Program
    The 94 struggling schools will be expected to meet clear and strict benchmarks in their first three years under the program.
    The goals for the coming years are:
    • 2014–2015
      • Each school must develop and put in place a School Renewal Plan for transformation by Spring 2015
    • 2015–2016
      • Each school must meet concrete milestones defined in its School Renewal Plan and improve on targeted elements of the capacity framework, as identified in the needs assessment
      • Each school must demonstrate measurable improvement in attendance and retention of effective teachers
    • 2016–2017
      • Each school must demonstrate significant improvement in academic achievement
      • Each school must demonstrate continued improvement on targeted elements of the capacity framework
    While the School Renewal Program is intended to provide holistic supports and services needed to turn low-performing schools around, schools that do not meet their benchmarks will face consequences, including changes to leadership and faculty of the school, as needed, and/or possible reorganization of the school.
    Possible modes of reorganization include combining schools, splitting large schools into smaller academies, or closing and replacing schools. School reorganization will only occur when necessary to best meet the needs of students and the school community.
    “For the past 12 years, New York City’s ‘answer’ for struggling schools was simple: warehouse our neediest students, starve their schools of support, and then close their schools, if they didn’t miraculously turn around. It was a political press release, not an educational solution. As a teacher, if you see a struggling student, it is your job to come up with a plan to help that child. You don’t throw that student out of your class. It is refreshing that New York City is finally willing to clean up this mess and take responsibility to help schools instead of rushing to close them,” said Michael Mulgrew, President of the United Federation of Teachers.
    “Nurturing local schools through the School Renewal Program is like nurturing the heart and soul of the whole surrounding community,” said Ernest Logan, president of the Council of School Supervisors and Administrators. “It is just common sense to support and improve individual schools in ways that speak to their unique populations and situations and to enlist the greater school community to help with this enlightened effort. This initiative is consistent with the Chancellor’s philosophy of collaboration over competition, and it reflects the deeply held values of most of our school leaders.”
    “Based on our experience with a pilot community learning project, we are encouraged that bringing support services into troubled schools will allow educators to dedicate more time and energy to teaching, while the social, emotional, and health care needs of students and their families are attended to by others,” said Kathryn Wylde, President & CEO of the Partnership for New York City. “This approach of engaging the whole community in helping struggling schools makes a lot of sense.”
    “Earlier this year, working with Mayor de Blasio, we were finally able to achieve my dream of fully funded statewide universal pre-K. And now, the Mayor has put forth yet another important plan to transform struggling schools and give all our children a chance to succeed. This is the kind of visionary thinking Assembly Democrats have been advocating for years in order to level the playing field by providing resources and support for families and children. I look forward to working with the Mayor and City officials, so that we can make our schools the best they can possibly be,” said Assembly Speaker Sheldon Silver.
    “Mayor de Blasio and Chancellor Fariña are to be commended for a plan to allow challenged schools to be renewed. It is important that schools be given the resources and the assistance to renew their commitment to students, parents, teachers, administrators and communities. This plan is a balanced attempt to do that. I look forward to working with NYC DOE on making sure that these opportunities are available and properly funded as this important program moves forward. Chancellor Fariña has the expertise and Mayor de Blasio the commitment to make this a success. Our children deserve the best help we can give them,” said Catherine Nolan, Chair of the State Assembly Education Committee and the parent of a New York City public school student.
    “Our students are the future of our city, and we must make sure we are educating and meeting the unique needs of all of them,” said City Council Education Committee Chairperson Daniel Dromm. “The School Renewal Program reflects a commitment to students in all our schools, engaging school communities, educators, and experts and providing necessary supports to turn schools around. New York City schools must do whatever it takes, so that all students are learning in the classroom and thriving.”
    The School Renewal Program is partially underway at 23 schools, and all 94 schools will develop their intensive, school-specific plans by this spring. The schools will be expected to employ the community schools model for the beginning of the 2015–2016 school year.
    Additionally, beginning in the 2015–2016 school year, the DOE will consider additional schools for the School Renewal Program based on performance across the six elements of the Capacity Framework.
     
    pressoffice@cityhall.nyc.gov

    (212) 788-2958
     

    Saturday, March 14, 2015

    3020-a Arbitration and Calling in Witnesses For Respondent's Defense

    Calling witnesses to a 3020-a hearing for the defense of a Respondent is very important. My company, ADVOCATZ, protects a Respondent's right to have witnesses appear at his/her 3020-a, and protects the witness from retaliation as well.

    For these reasons, I filed a lawsuit against ATU Attorney Michael Francis in August 2014.



    My Company, ADVOCATZ, believes that 100% zealous advocacy gives the most probability for winning any case, and this necessitates calling in witnesses for our clients, the Respondents. We issue non-judicial subpoenas for any student and anyone who works for the Department in any capacity.

    Arbitration is not a Court of record. You do not have to be a lawyer to work in arbitration, nor to represent/assist at arbitration in New York State. Several arbitrators on the NYC 3020-a Panel are not attorneys and at least one is not licensed to practice in New York State. 

    Of course the Department of Education - and, I might add, NYSUT-  attorneys  often want a case to be as short as possible. That is, if they (NYSUT) cannot settle the case with the Respondent being "convinced", without any rational basis, to resign/go away, they may have the Respondent testify, but seldom do they 'allow' the Respondent to call in several witnesses.

    ATRs brought to 3020-a arbitration are in serious trouble in this area. Unless you have the name and contact number of a student or a parent from each class you teach, how can you call a witness if, three or more weeks after you have left the school, you are charged with misconduct, corporal punishment, and/or verbal abuse?

    I remember the case where the DOE called in a 7-year old to testify against her teacher, but this little girl loved the teacher, and refused to testify against her until after the DOE Attorney took her outside and "reminded" her that she MUST testify that they teacher touched the nose of the student and "hurt" her.

    The very wise and terrific arbitrator Earl Pfeffer asked this little girl if she wanted to draw while she testified. She said yes.
    Earl Pfeffer

    Earl gave her a sheet from his yellow pad, and a red marker, and she started doodling while she was asked about what happened. When she finally said that the teacher had touched her nose, the questions stopped, and there were none from the Respondent. Then Earl asked the little girl if she would give him what she drew, and she handed the sheet back.

    On the sheet, in big red letters, was written, "NO".

    Earl dismissed all charges. He is a great arbitrator but is no longer working on the NYC Panel. The DOE attorney on that case, Julianne Newman, also no longer works at 49-51 Chambers Street. She was moved here:

    Julianne Newman , Senior Field Counsel - Networks: 403, 405, 409, 410, District 75 schools
    (212) 356-3738


    Of course not all witnesses are as good as this little girl, however witnesses are important.

    But people are scared that there will be retaliation, especially if they are still working within the DOE. This is a valid concern, even though the US Supreme Court has ruled that retaliation against a person who testifies for a public employee is prohibited:

    US Supreme Court Rules That Public Worker Testimony Is Protected From Retaliation

    Protection for witnesses is sometimes violated by the DOE Attorneys.

    On or about June 4, 2013, NYC DOE Administrative Trials Unit (ATU) Attorney Michael Francis screamed at the Attorney throughout the hearing I was working with in a case for a Respondent accused of hugging a girl student in his class. He wanted, I believe, to intimidate everyone in the room. The Respondent called in 7 witnesses, all of whom felt strongly that he was innocent (I did too) and wanted to testify for him. 

    After a particular witness finished, and left the hearing room, I noticed Mr. Francis get up quickly and also leave the room. I decided to see what this was about, so I left the hearing room as well, and saw Mr. Francis leave the hallway outside of the 7th floor hearing rooms. I followed him, and I saw him standing in the face of the witness who was waiting for the elevator. Mr. Francis was screaming very loudly, "You are going to be sorry for coming in today!", "you are going to regret this!". While Francis was screaming at the witness, I was standing behind him. When Francis finished, he turned around very quickly, almost pushing me to the ground, then walked quickly to the hearing room and told the Attorney to "get that bitch out of my face". The witnesses waiting to testify were terrified.
     
    On August 13, 2014, after filing a Notice of Claim, I sued Francis in Manhattan Supreme Court for tortious interference, tampering with witnesses, and verbal abuse, holding Michael Francis accountable for his improper actions.

    The only way to stop people from deliberately violating the rights of another person or group, it seems, is to hold the person doing the harm accountable for his/her actions. I wish people would do the right thing the first time!

    Betsy Combier