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Monday, September 7, 2015

New Rules For Teacher Tenure and Removal, Effective July 2015

We at ADVOCATZ are still digesting the changes to 3020-a process and substance, but the way we defend members at 3020-a (as Union Reps should, we believe), will not change. We collaborate with the Respondent and use whatever document proves his/her innocence and/or mitigates punishment. And we use the Collective Bargaining Agreement, the charging papers, and any law, rule or regulation defined under due process rights.

I would like to make a comment about Cadet rights, described below. If you do not speak to an investigator, and you do not testify at a 3020-a, you will be found guilty of your charges and terminated. Don't do it. Create an answer to all questions ahead of time that defends your position, and stick to it.

Betsy Combier, Editor
President, ADVOCATZ
 
"Cadet Rights 

1.    On February 1, 1994, a 3020a hearing panel determined that Andre Cadet, a tenured teacher, was guilty of misconduct with regard to his romantic relationship with a female student.  The panel dismissed the charge of insubordination related to Cadet’s refusal to answer questions before the Special Commissioner of Investigations (SCI).

2.    On April 1, 1996, the Appeal of the Board of Education of the City School District of the City of New York against Andre Cadet was held.

3.    While the Commissioner of Education upheld the appeal in part, the Commissioner agreed with the conclusion of the hearing panel chair that the authority cited by the New York City School District regarding Cadet’s obligation to testify before the SCI was in conflict with Education Law 3020-a, since that statute is the sole method by which tenured teachers can be disciplined in New York State.

4.    As a result of this decision, a teacher need not answer questions in any pre-hearing investigation, which precedes a 3020-a proceeding.

5.    If a tenured teacher is asked questions in an investigation that the teacher believes could lead to disciplinary action, the teacher has the right to assert Cadet.  By doing so, the teacher cannot be held insubordinate when refusing to answer such questions."

 If you are told to appear for a medical examination under Education Law 913 (NYC = 2568) then you cannot exercise your Cadet rights.

Fact Sheet 15-15: Changes to tenure andthe tenured teacher removal process

Source: NYSUT Research and Educational Services


Chapter 56 of the Laws of 2015 includes a number of amendments to New York State (NYS) Education Law that address teacher preparation and certification, tenure, annual professional performance reviews (APPR), testing reduction, school receivership, and teacher removal.  This NYSUT Fact Sheet will provide an overview of the specific changes affecting teacher tenure and removal.  

NYS is widely recognized for its exemplary teaching force and has earned high marks for its rigorous standards and credentialing requirements — typically ranking among the nation’s top ten[1]. Tenure is just one of the safeguards NYS has put in place to ensure every student has an effective teacher. A teacher must earn tenure after successfully completing a probationary period of effective teaching, oversight and evaluation.  A tenured teacher then is entitled to a fair hearing before being dismissed — a basic right to due process. 

Tenure also provides teachers freedom to advocate for their students without fear of reprisal. Because tenure exists, teachers in NYS can speak out freely on issues such as over-testing; cuts in academic programs; elimination of art, music, foreign language and other programs; and inappropriate programs and services for students with disabilities.

Without tenure, working under the constant threat of arbitrary firing would have a chilling effect on a teacher’s professional judgment and create an environment that would erode, not enhance, educational quality.

This NYSUT Fact Sheet contains:

·         A summary of the recent changes to tenure;

·         Frequently asked questions and answers regarding tenure;

·         A summary of changes to the teacher removal process;

·         Frequently asked questions and answers regarding teacher removal;

·         Advice to local leaders on this topic; and

·         Additional resources

Summary of Tenure Changes

·         The new requirement begins with those teachers appointed on or after July 1, 2015.

·         The mandated changes to tenure enacted by Chapter 56 in 2015 specifically tie the granting of tenure to §3012-c and §3012-d of NYS’s Education Law regarding teacher and principal evaluation law.

·         The probationary period is extended from three to four years for untenured teachers. Boards of Education will no longer be able to specify an end date to the probationary period and teachers will be notified at their appointment that tenure will depend on their APPR ratings.

·         A teacher seeking tenure would need to attain an effective or highly effective rating for at least three of the four years. These ratings do not need to be consecutive.

·         A teacher rated ineffective in the fourth year cannot receive tenure at that time. A Board of Education can agree to extend the probationary period an additional year (thus offering a fifth probationary year).  The law does not prohibit additional years of probation.

·         A tenured teacher in a school district or BOCES who obtains employment in another district will now have a three year probationary period, provided the teacher did not receive an ineffective in their last year at the prior school.

·         School boards will be able to terminate probationary teachers without regard to their Annual Professional Performance Review (APPR) rating.

Questions & Answers Regarding Tenure

 

Q: What is tenure?

A: Tenure is simply a statutory right to due process that was first enacted for New York City teachers in 1897 and expanded to cover Union Free School districts in 1937. Teachers were uniquely vulnerable in a public school setting. There were few, if any policies in place to protect teachers from being fired. Without job protection, teachers could be fired for literally any reason. Race, faith, gender and favoritism were some of the most common reasons for firing teachers before 1885, as was their political affiliation. Women could even be fired for becoming pregnant. Teacher unions in NYS did not negotiate the tenure laws. Tenure law was established in State Education Law decades before teachers’ unions were recognized in NYS.

 

      In 1945, tenure law was amended to extend basic due process rights to all public school teachers. The tenure law has been amended several times in the last 40 years.

 

Q:  Who is covered by the new tenure law and when does it begin?

A: The four-year probation in Chapter 56 applies to all classroom teachers, building principals, all other members of the teaching and supervisory staff, teaching assistants, and pupil personnel services providers appointed by a Board of Education on or after July 1, 2015. The linkage between the APPR and granting or denying tenure only applies to classroom teachers and building principals.  Section 30.-1.3 of the Regulations define classroom teacher as a teacher in the classroom teaching service as defined in §80-1.1 of the Regulations: Classroom teaching service means teaching service in the public schools of New York State, which requires certification pursuant to this Part (80), excluding pupil personnel service or administrative and supervisory service.

·         Teacher aides are not covered under the new tenure law.

·         Pupil personnel service providers are not included in the definition of the classroom teaching service.  Section 80-1.1(b)(30) of the Regulations defines pupil personnel services providers to mean school psychologists, school counselors and school social workers.

For Example:

1.       If you were appointed by a board of education on or before June 30, 2015 with a September 1, 2015 start date, you would have a three year probationary period.

2.       If you were appointed by a board of education on or after July1, 2015 with a September 1, 2015 start date, you would have a four year probationary period.

 

Q:  What happens if a tenured teacher is appointed to a new tenure area in the same school district?

A: The probationary period is now three years instead of two.

 

Q: What happens if a teacher has tenure in one district and obtains employment in another district in NYS?

A:  The probationary period in the new district is now three years instead of two.

 

Q: What if a teacher has served in a district for at least two years as a regular substitute classroom teacher?

A:  The new law says that the probationary period would be two years if the teacher received an APPR rating in each of the two years of substitute service.

 

Q.  Could boards of education grant tenure after three years (rather than four years) and three effective or highly effective APPR ratings?

A:  It is not clear. According to Chapter 56, tenure determinations are dependent upon receiving an APPR rating of effective or highly effective in the fourth and final year of probation.  However, it could be argued that a school board could grant tenure prior to the fourth year, based on other language in the statutes that was not amended.

  

Q: What happens if a teacher receives an ineffective APPR rating in the fourth and final year of probation?

A:  The board of education may extend the probationary period for another (fifth) year. If the teacher successfully appeals the ineffective rating, the teacher would be immediately eligible for tenure.  The law does not prohibit additional years of probation beyond five.

 

Q: What is 3020-a and how does it relate to Due Process?

A: Education Law § 3020-a governs the disciplinary procedures of tenured teachers and administrators (except superintendents) and provides due process. Due process consists of the minimum procedural requirements that each public school district must satisfy when dismissing a teacher who has attained tenure. Due process is one of the core foundations of our judicial system. Similar safeguards are in place to ensure police officers, firefighters and other public servants at the state and local levels cannot be arbitrarily dismissed based on allegations alone, or for politically motivated reasons. Due process and tenure are NOT a job protection for life.

 

Q. What are the due process requirements concerning charges of incompetence or misconduct under § 3020-a?

·         Charges in writing filed with the school district during the school year.

·         Within five days of receipt of charges, the Board of Education determines if there is probable cause to bring disciplinary proceedings.

·         If yes, a written notice sent to the employee detailing charges, the penalty imposed if employee waives hearing, and the employee’s rights, sent by certified or registered mail.

·         The employee may be suspended with pay (there are exceptions, see below).

·         Within 10 days of receipt of charges, the employee will notify the district in writing if they request a hearing.

·         The district will notify the Commissioner within 3 (working) days of the need for a hearing.

·         If the employee waives the hearing, the employing board determines the outcome in 15 days.

·         If the employee demands a hearing, such hearing is held before an impartial hearing officer.  Different rules apply to the hearing itself depending upon the nature of the charges.

Summary of Changes in the Tenured Teacher Removal Process

Hearings to discipline or remove tenured teachers in NYS for alleged incompetency or misconduct are commonly referred to as the 3020-a process, referring to Section 3020-a of Education Law which establishes rights to due process for teachers who have obtained tenure.  Chapter 56 of the Laws of 2015 amended Section 3020 and 3020-a and adds a new Section 3020-b.  The following changes are effective with regard to charges brought on or after July 1, 2015.

Revocation of Teaching Certification

Chapter 56 amended Section 305 of Education Law to extend the duty of the Commissioner of Education to revoke the certification of a teacher upon certain criminal convictions.  In addition to such automatic license revocation for sex offense convictions, the Commissioner must now also revoke certification of any teacher convicted of a violent felony committed against a child when the child was the intended victim.

Disciplinary Procedure Changes

·         Hearings on all charges brought on or after July 1, 2015 will be heard by single hearing officers.

·         At the pre-hearing conference the hearing officer will set a schedule and manner for “full and fair disclosure” of the witnesses and evidence to be offered by the employee as part of the defense (in addition to discovery to be disclosed by the employer as required by current law).

·         A child witness under the age of fourteen may be permitted to testify through the use of live two-way closed circuit television if the hearing officer determines that the witness would suffer serious mental or emotional harm if required to testify in person.

·         Hearing officers must give serious consideration to the penalty recommended by the employing Board.  If the penalty is rejected by the hearing officer, the rejection must reflect reasons based upon the record as expressed in a written determination.

·         For charges of physical or sexual abuse of a student:

·         A teacher charged with physical or sexual abuse of a student will have an expedited hearing by a single hearing officer commenced within seven days after the pre-hearing conference and completed within 60 days after the pre-hearing conference.

·         A teacher may be suspended without pay when charged with physical or sexual abuse of a student pending an expedited hearing. (This provision does not apply to New York City which has different rules governing suspension without pay in the NYCDOE/UFT contract.)

·         When a Board of Education decides to suspend a teacher without pay, a probable cause hearing before an impartial hearing officer must be held within ten days to determine whether the decision to suspend without pay should be continued or reversed.

·         Suspension without pay can last no longer than 120 days from the decision of the Board of Education to suspend without pay.

Streamlined Procedures for Removing Teachers Rated “Ineffective”

·         Chapter 56 repealed the previously-established expedited hearing process for two consecutive ineffective ratings, and added a new Education Law §3020-b which establishes procedures for expedited hearings for teachers or building principals charged with incompetence after receiving either two or three consecutive ineffective overall APPR ratings under Education Law §3012-c and/or 3012-d.

·         All charges brought on or after July 1, 2015 will be heard by a single hearing officer.

·         Two consecutive ineffective APPR ratings constitute “prima facie” (Latin for "at first sight”) evidence of incompetence which establishes just cause for removal.  In such a case, a district may choose to file a charge of incompetence.  Such evidence can only be overcome by clear and convincing evidence that the employee is not incompetent in light of all surrounding circumstances.

·         Three consecutive ineffective APPR ratings constitute “prima facie” evidence of incompetence which establishes just cause for removal.  In such a case, a district must file a charge of incompetence.  The evidence of three consecutive ineffective ratings can only be overcome by clear and convincing evidence that the calculation of one or more of the teacher’s underlying components of the APPRs was fraudulent.  Fraud in this instance shall include mistaken identity. 

Questions & Answers Regarding Teacher Removal

Q:  What is the timeline for a 3020-a disciplinary hearing?

A:  Generally, the process is as follows:

 

ACTION
TIMELINE
PROCESS
Filing of Charges
·         Within the period between actual opening and closing of school year.
·         Within three years unless the alleged misconduct constitutes a crime.
Filed by Chief School Administrator with the District Clerk. The Clerk notifies Board of Education (BOE) immediately.
 
 
Disposition of Charges
·         The BOE votes within five days after receipt of charges.
·         BOE decision whether there is probable cause to move forward with a hearing.
If affirmative decision, written statement forwarded immediately to employee (by certified or registered mail, return receipt requested, or personal delivery) specifying:
–        Charges in detail;
–        Maximum penalty; and
–        Employee’s rights.
The employee may be suspended with pay pending a hearing and final determination (suspension without pay may occur if employee has plead guilty or has been convicted of a felony crime concerning sale or possession of a controlled substance, a precursor of a controlled substance, drug paraphernalia, or physical abuse of a minor or student).
Hearing Request
·         Within ten days of receipt of charges, employee notifies District Clerk to request hearing.
·         No request indicates that the right to a hearing is waived and the BOE will issue a determination within fifteen days.
Upon receipt of the request for a hearing, the Clerk shall notify the State Education Department (SED) of the need for a hearing within three working days.
Notice of Hearing
·         SED requests list of hearing officers from American Arbitration Association.
·         Upon receipt, list simultaneously forwarded to both BOE and employee.
Within fifteen days after receiving officer list, BOE and employee notify SED of agreed-upon hearing officer. If no agreement, then SED will appoint the officer.
Pre-Hearing Conference
·         Hearing officer to hold a pre-hearing conference within ten to fifteen days of agreeing to serve.
·         Limited to one day (additional day may be allowed at hearing officer’s discretion).
Activities to include scheduling of the final hearing, prehearing motions to dismiss, and motions for prehearing discovery.
Hearing
The final hearing is completed no later than 60 days after the pre-hearing conference.
All evidence is submitted by all parties within 125 days of the filing of charges, absent extraordinary circumstances beyond the parties control.
Decision
Written decision within 30 days of the last day of the final hearing.
Within fifteen days of receipt of the hearing officer’s decision, the BOE must implement the decision.
Appeal
Not later than ten days after receipt of the decision an application may be made to the state Supreme Court to vacate or modify the decision.
The filing or pendency of an appeal does not delay the implementation of the decision.

 

Q: What are the circumstances that can result in an expedited hearing?

A:  There are four categories of expedited hearings:

·         Expedited hearings upon revocation of a teaching certificate;

·         Expedited hearings on charges of misconduct constituting the physical or sexual abuse of students;

·         Expedited 3020-b hearings based on two consecutive ineffective APPR ratings; and

·         Expedited 3020-b hearings based on three consecutive ineffective APPR ratings.

Q:  What is the expedited 3020-a timeline for charges arising from the revocation of a teaching certificate?

A:  The process is as follows with specific expedited timelines highlighted in bold:

ACTION
TIMELINE
PROCESS
Filing of Charges
·         Within the period between actual opening and closing of school year.
·         Within three years unless the alleged misconduct constitutes a crime.
Filed by Chief School Administrator with the District Clerk. The Clerk notifies Board of Education (BOE) immediately.
Disposition of Charges
·         The BOE votes within five days after receipt of charges.
·         BOE decision whether there is probably cause to move forward with a hearing.
If affirmative decision, written statement forwarded immediately to employee (by certified or registered mail, return receipt requested, or personal delivery) specifying:
–        Charges in detail
–        Maximum penalty
–        Employee’s rights.
According to case law, the employee may be suspended without pay pending a hearing and final determination.
Hearing Request
 
 
·         Within ten days of receipt of charges, employee notifies District Clerk to request hearing.
·         No request indicates that the right to a hearing is waived and the BOE will issue a determination within fifteen days.
Upon receipt of the request for a hearing, the Clerk shall notify the State Education Department (SED) of the need for a hearing within three working days.
Notice of Hearing
·         SED requests list of hearing officers from American Arbitration Association.
·         Upon receipt, list simultaneously forwarded to both BOE and employee.
Within fifteen days after receiving officer list, BOE and employee notify SED of agreed-upon hearing officer. If no agreement, then SED will appoint the officer.
Pre-Hearing Conference
·         Hearing officer to hold a pre-hearing conference within ten to fifteen days of agreeing to serve.
·         Limited to one day (additional day may be allowed at officer’s discretion).
Activities to include scheduling of the final hearing, prehearing motions to dismiss, and motions for prehearing discovery.
Hearing
·         The final hearing takes place within seven days of the pre-hearing conference.
·         The hearing is limited to one day.
 
Decision
Written decision within ten days of the last day of the hearing.
Within fifteen days of receipt of the hearing officer’s decision, the BOE must implement the decision.
Appeal
Not later than ten days after receipt of the decision an application may be made to the state Supreme Court to vacate or modify the decision.
The filing or pendency of an appeal does not delay the implementation of the decision.

 

Q:  What is the expedited 3020-a timeline for charges involving the physical or sexual abuse of a student?

A:  The process is as follows with specific expedited timelines highlighted in bold:

 

ACTION
TIMELINE
PROCESS
Filing of Charges
·         Within the period between actual opening and closing of school year.
·         Within three years unless the alleged misconduct constitutes a crime.
Filed with the District Clerk. The Clerk notifies Board of Education (BOE) immediately.
Disposition of Charges
·         The BOE votes within five days after receipt of charges.
·         BOE decision to move forward with a hearing based upon probable cause.
If affirmative decision, written statement forwarded immediately to employee (by certified or registered mail, return receipt requested, or personal delivery) specifying:
–        Charges in detail
–        Maximum penalty
–        Employee’s rights
The employee may be suspended without pay pending an expedited hearing and final determination.
Probable Cause Hearing
·         If BOE decides to suspend without pay, the district notifies SED within one business day to request a probable cause hearing.
·         SED selects the hearing officer from a regional rotational list.  Failure to accept the case within 24 hours is deemed a declination.
·         Hearing conducted within ten days of suspension to determine whether BOE decision to suspend employee without pay should be continued or reversed.
Grounds for reinstatement of paid status are that probable cause does not support the charges, or suspension without pay is grossly disproportionate in the circumstances.  Suspensions without pay shall last no longer than 120 days from the decision of the BOE to suspend the employee.  The suspension only relates to employee compensation exclusive of health insurance and other benefits and guarantees.
Hearing Request
·         Within ten days of receipt of charges, employee notifies District Clerk to request hearing.
·         No request indicates that the right to a hearing is waived and the BOE will issue a determination within fifteen days.
Upon receipt of the request for a hearing, the Clerk shall notify the State Education Department (SED) of the need for a hearing within three working days.
Notice ofHearing
·         SED requests list of hearing officers from American Arbitration Association.
·         Upon receipt, list simultaneously forwarded to both BOE and employee.
Within fifteen days after receiving officer list, BOE and employee notify SED of agreed-upon hearing officer. If no agreement, then SED will appoint the officer.
Pre-Hearing Conference
·         Hearing officer to hold a pre-hearing conference within ten to fifteen days of agreeing to serve.
·         Limited to one day (additional day may be allowed at officer’s discretion).
Activities to include scheduling of the final hearing, prehearing motions to dismiss, and motions for prehearing discovery.
Hearing
The final hearing begins within seven days of the pre-hearing conference and is completed no later than 60 days after the pre-hearing conference.
All evidence is submitted by all parties within 125 days of the filing of charges absent extraordinary circumstances beyond the control of the parties.
 
Decision
Written decision within ten days of the last day of the final hearing.
Within fifteen days of receipt of the hearing officer’s decision, the BOE must implement the decision.
Appeal
Not later than ten days after receipt of the decision an application may be made to the state Supreme Court to vacate or modify the decision.
The filing or pendency of an appeal does not delay the implementation of the decision.

Q:  What is the “streamlined” timeline for teachers receiving two consecutive ineffective ratings in the new 3020-b process?

A: A school district or employing board may bring charges of incompetence against any classroom teacher or building principal who receives two consecutive ineffective APPR ratings.

·         All such charges brought against a tenured teacher must be in writing specifying:

·         the charges in detail;

·         the penalty imposed by the board will be dismissal if the employee does not request a hearing; and

·         the employee’s rights under 3020-b, forwarded to the accused employee by certified or registered mail, return receipt requested or by personal delivery; and filed with the clerk or secretary of the school district or employing board.

·         The school must have developed and substantially implemented a Teacher Improvement Plan (TIP) following the first evaluation in which the educator was rated ineffective and the immediately preceding evaluation if the rating was developing under Education Law §3012-c and/or 3012-d.

·         The parties jointly select the hearing officer. (The Commissioner must appoint the hearing officer if the two parties are unable to agree.)

·         The pre-hearing conference must be held within seven days after the appointment of the hearing officer.

·         The hearing must begin within seven days of the pre-hearing conference.

·         The final hearing date must be within 90 days of the employee’s request for a hearing.  Adjournments beyond the 90 day period may be granted if the hearing officer determines that the delay is due to circumstances beyond the control of the requesting party and an injustice would result if the adjournment were not granted.

·         The hearing officer must render a decision within 10 days of the last day of the hearing.

·         Within 15 days of receipt of decision, the school board must implement the decision.

·         Not later than ten days after receipt of the decision, an appeal may be made to the State Supreme Court to vacate or modify the decision.

Q: What is the “streamlined” timeline for teachers receiving three consecutive ineffective ratings in the new 3020-b process?

A: A school district or employing board must bring charges of incompetence against any classroom teacher or building principal who receives three consecutive ineffective APPR ratings.

·         All charges brought against a tenured teacher must be in writing specifying:

·         the charges in detail;

·         the penalty imposed by the board will be dismissal if the employee does not request a hearing; and

·         the employee’s rights under 3020-b, forwarded to the accused employee by certified or registered mail, return receipt requested or by personal delivery; and filed with the clerk or secretary of the school district or employing board.

·         The Commissioner of Education selects the hearing officer, not the parties.

·         The final hearing date must be within 30 days after the date of the employee’s request for a hearing. Adjournments beyond the 30 day period may be granted if the hearing officer determines that the delay is due to circumstances beyond the control of the requesting party and an injustice would result if the adjournment were not granted.

·         The hearing officer must render a decision within 10 days of the last day of the hearing.

·         Within 15 days of receipt of decision, the school board must implement the decision.

·         Not later than ten days after receipt of the decision, an appeal may be made to the State Supreme Court to vacate or modify the decision.

Q: How are “days” defined?

A: Days are calendar days unless specified otherwise.

Q: How is “teacher” defined?

A:  For disciplinary purposes, a teacher is any professional educator holding a teaching certificate including but not limited to a classroom teacher, teaching assistant, pupil personnel services professional, school administrator or supervisor or superintendent of schools.

 

      For incompetence procedures based upon the APPR process, it would only include classroom teachers subject to the APPR process under Section 3012-c or 3012-d of the Education Law.

Q: What are “Cadet Rights”?

A:  The 3020-a hearing process is the sole method by which tenured teachers can be disciplined in NYS, and the statute provides that no teacher can be compelled to testify at the hearing.  Consequently, it has been established that a teacher can refuse to answer questions, without being found insubordinate, during an investigation that the teacher believes could lead to such disciplinary action.  Known as Cadet Rights, this principle was established through a disciplinary case involving a tenured teacher who was found guilty of misconduct through a 3020-a hearing.  However, the decision of the hearing officer to dismiss a charge of insubordination was appealed by the school district.  The insubordination charge was related to the teacher’s refusal to answer questions during an investigation prior to the hearing  In the appeal decision, the Commissioner of Education agreed that a teacher need not answer questions in any pre-hearing investigation which precedes a 3020-a hearing.  The decision was in turn affirmed by the courts.

Advice to Local Leaders

·         Continue to look for additional analysis and information through NYSUT’s Leader and Member Briefings and presentations at regional conferences.

·         Specific questions about tenure and teacher removal as a result of disciplinary issues or the APPR process should be referred to your NYSUT Labor Relations Specialist (LRS).

Resources

·         Chapter 56 of the Laws of 2015 can be found at:


See Part EE for the Education Transformation Act of 2015.  Within Part EE, Subpart D details the teacher tenure provisions and Subpart G details the teacher removal provisions.

·         Emergency regulations implementing these new statutory changes were adopted by the Board of Regents in June 2015.  An overview of the changes and the amended regulations can be found at:


 

School Closures: A National Look at a Failed Strategy

Carol Burris
by Carol Burris


Twelve community activists on the south side of Chicago are capturing national attention by putting their health on the line to save their school. It is their third week of a hunger strike designed to force Chicago’s Rahm Emanuel to keep Dyett High School open.

Dyett serves the community of Bronzeville on Chicago’s south side. Bronzeville was the cultural hub for African Americans who fled the south during the Great Migration. The school’s significance in the community runs deep.

The struggle to save the school is part of the growing pushback against neighborhood school closures both within and beyond Chicago—closures that slam poor communities who find beloved institutions shuttered and yanked away. In just one evening, in May of 2014, the Chicago School Board voted to close 50 public schools. A 2014 report by Journey for Justice, entitled Death by a Thousand Cuts, describes the devastating effects of school closings and maps the march of school privatization in communities of color across the United States.

Poor test scores and low graduation rates are the excuse for closures, but the reasons for academic failure that lie beyond the schoolhouse are never addressed. NPE Board member, Jitu Brown, who is part of the hunger strike, summed up the frustration when he said, “We’re tired of our children and our communities being demonized and being blamed for being underserved.”

The schools that are closed

The story of Dyett is a familiar story in underserved urban communities across the United States. As far back as 2011, closures in New York City were criticized for their disparate impact on schools that served the largest numbers of disadvantaged students and were located in communities that needed the stability of a school the most.

A 2011 report by the New York City Independent Budget Office (IBO) recognized that the demographics of the 14 schools slated for closure served a disproportionate number of homeless students, black students, special education students, low income students, and students who were overage for their grade. Ironically, one third of the schools on the list had replaced another school that had been closed before it—repeating a cycle of disruption for neighborhood kids. In a 2013 report, the same patterns emerged— schools on the chopping block served a more disadvantaged student population, and students entering the school had lower scores.

Even as the identified schools were set up for failure, the schools that often replaced them were set up for success. When the schools were reconstituted as smaller schools, they generally served populations of students with less need and higher entering test scores. One report issued by New York City Communities for Change referred to the shutting and opening of schools as nothing more than “a shell game.”

In a beautiful tribute to the once great Jamaica High School, alumni Jelani Cobb, tells the history of the school and how its final demise was brought on by the policies of the Bloomberg administration. In the end, school choice, which dramatically disrupted the demographics of the school body, pushed the school over the test score brink, thus leading to the closing of the school. Cobb writes, “In the battle over the school’s future, many came to see those changing demographics not as happenstance but as a purposeful way of insuring that the creation of small schools in the building would be a fait accompli.”

Although Bloomberg is gone, not much has changed. NPE board member, Leonie Haimson, has been fighting New York City closures since 2011. She was hopeful that school closures would stop when Bloomberg exited, yet now these same schools are being threatened by takeover from the state. “Every neighborhood school that is closed is a tragedy for that community. All efforts should be taken to preserve and strengthen them rather than close them down. Sadly, I’m not sure that even this administration [DeBlasio] is implementing the right policies to ensure these schools improve and survive.”

The human impact of school closures

Cobb begins his story of Jamaica High with the commencement ceremony of its last graduating class, the Class of 2014. Twenty-four graduates were pushed out of their school auditorium for that ceremony, as what remained of Jamaica High School competed for space with the new, co-located school.

Such sad events are not unique. The New York Times featured photographs from a Philadelphia art show that captured the raw emotions felt by community, students, and staff in one of the 31 city schools that were shut down. School ‘closings by the numbers’ exact a human toll when students and teachers lose their place. Some scramble to find spots in other schools once the decision to phase out the school is made. Many students become “over the counter” enrollees in schools where there is space, which is often another school that is spiraling down. The school slated for closure withers away until only a few dozen students remain. It begs the question, are school closings worth the price?

Do school takeovers work?

Reformers will tell you that school takeovers work miracles, and they will point to New Orleans as their proof. While it is true that New Orleans’ state test scores are higher, the complexity of what occurred in that city (including the mass migration out after Katrina) has added variables that are unique and impact results. Doug Harris, the Director of the Research Alliance for New Orleans,speaks not only of the complexity of measuring achievement, but also of the unevenness of improvement. He makes it clear that New Orleans’ lessons “can not be summed up in a headline.”

Takeovers in 2012 in Indiana have resulted in little improvement in achievement and steep drops in enrollment in takeover schools. Of the schools taken over that year, only one had its grade improve from an F. Meanwhile, Tindley Schools, a charter school organization that managed one of the schools, pulled out. They wanted more money to continue.

In 2012, six schools joined the Tennessee Achievement School District, headed by reformer, Chris Barbic, who was charged with turning them around. Three were run by the district; and three were privately run by charter operators using public funds. For two years scores were stagnant. In the third year, math scores in the district-run schools improved, but in the charter-run schools scores declined. Mr. Barbic announced his resignation as of December of this year.

None of this should come as a surprise. In 2002, the state of Pennsylvania began what was called “the nation’s largest experiment in the private management of public schools” in Philadelphia. A 2007 study by the independent, non-profit research organization, the Rand Corporation, found no increases in achievement from the private management of Philadelphia schools, but small gains in restructured schools controlled by the district. Those district-controlled schools that improved were given extra resources and intensive staff support.

The same failed strategies replayed

And yet, despite the dismal results of private control of public schools in the state’s largest city, the same bad playbook was used in Pennsylvania’s York City School District in 2014. NPE President, Diane Ravitch, lamented the loss of citizen voice in the community. “There will be no ‘choice’ for the families of York City. Their children will have to attend a charter school whose headquarters are in Florida. Yes, it is the death of local control and democracy in York City.”

Since Governor Corbett’s defeat, the York City model has softened. David Meckley, whose plan was to turn the district over to charter schools, resigned citing the new Governor’s hostility to his charter takeover plan. The new chief, Carol Saylor, is a veteran educator who is taking a public-school friendly approach. But without adequate resources, improvement will be tough.

NPE board member, Mark Miller, is the Vice-President of the Pennsylvania School Boards Association. He sums up the problem faced by Saylor and her counterpart in Chester Upland, where employees are working without pay, this way. “York City and Chester Upland receivers, Carol Saylor and Francis Barnes, are trying to bring about positive change. Unfortunately, nothing can change without more money or fewer unfunded mandates. The unjust enrichment of charter/cyber charter operators is at the crux of the problem.”

And so in Chicago the hunger strike continues—twelve brave souls carry the pain not only for Dyett, but for so many schools who are blamed for conditions out of their control. They are becoming physically weaker by the day, but their spirit is strong. And that hunger for justice will continue until the cycle of shame, shutter, and student displacement and neglect finally ends.

(Note: The city announced it would keep Dyett open as an “arts” school to attract students from across the city. The hunger strike is continuing.)
Please support the Dyett School hunger strike by calling the Rahm Emanuel’s office (312) 744-3300 and tell him that you support the Dyett Global Leadership and Green Technology High School. On Twitter, send out support at #fightfordyett.

Jeanette Taylor-Ramann
In Chicago, Hunger Striking To Save a School
Why are Chicago parents on a hunger strike to save a neighborhood school? Because after five years of fighting, they’ve run out of options...

By Jeanette Taylor-Ramann

LINKWhat’s happening in Bronzeville isn’t just about Dyett High School. There’s an agenda to push out black and brown low income and working families in the city of Chicago. If you look at the big picture, that’s what this is about. You don’t only have police brutality. You don’t have only have a decrease in public housing in the city and the closing of public schools. The neighborhood school is the last stable institution that we have. When you have good neighborhood schools, they service the neighborhood. They keep kids off the street; they help parents when they’re struggling and having issues in the home. That neighborhood school is a support system for the community, and the powers that be know that.

This isn’t the life I chose. It chose me.

I’m a forty year-old mother of five, soon to be a grandmother. I was a teen mom, and I’ve been on the Local School Council (LSC) at Irving C. Mollison Elementary since I was 19. I’ve always had to participate in my children’s education. My mother did it for me, and when I became a mother, she pushed me to be responsible. She said *that’s your child. You’ve got to be a part of the school culture.* My grandmother was one of the first teacher’s assistants at Mollison, DYETT my auntie is a teacher there, my mother was on the PTA. She’s been a clerk at the school for 20 years. This isn’t the life I chose. It chose me.

For almost my entire life—34 years—I’ve lived in Bronzeville. I’ve recently been pushed out because of gentrification. I can’t afford the rent in the neighborhood, so for the last three years I’ve resided in Woodlawn. The transformation in Bronzeville started back in the 1990’s when they knocked down the public housing and began to build up the neighborhood. But what I started to notice was that when they put up replacement housing, it wasn’t for the people who’d lived in the neighborhood for years. So you’re pushing out the people who can’t afford to live there. If you’re not making $50,000 a year or more, you’re not able to afford to live in Bronzeville.

A line in the sand
There are currently 12 people on a hunger strike. Every day more people join us from around the city who’ve decided to go on a fast with us. We have a pastor, a Latino brother, we have a white brother whose community said *we don’t want a Noble Street charter in our neighborhood* and they left. He’s joined up despite the fact that this isn’t touching him. School closures haven’t really affected some of these other communities the way have us, but they took the charge to say *if these parents and community members can do it, I’m going to join them.* I have two other of my Local School Council members hunger striking with me, another active parent from my school, and an ex parent who helped me fight off two previous attempts to close Mollison Elementary. You’ve got people who’ve been in the community working and fighting for years who’ve said *enough is enough.* The line in the sand has been drawn and people have to answer for mistreating our young people.

You’ve got people who’ve been in the community working and fighting for years who’ve said *enough is enough.* The line in the sand has been drawn and people have to answer for mistreating our young people.

Part of the problem
Charter schools aren’t the solution, they’re part of the problem. Don’t get me wrong. There are some good charter schools, but most of them aren’t doing any better than neighborhood schools. And they have no accountability. They have no Local School Councils. LSCs at schools are the people who hire and fire the principals and oversee the budgets. Nobody does that at charter or contract schools. These people are able to charge parents $10 or $20 when their kids don’t have a belt or a tie. Then at the end of the year when your grades aren’t good enough to make their profile look good, they get to kick you out and then you’re sent back to the neighborhood school.

We’ve got to look it in the face and call it what it is: racism. It’s only happening to a certain group of people. Period.

No stake in the community
Why should these people be allowed to set up shop? Because that’s what it is. They come. They’re here for four or five years. They have no stake in the community. They do nothing with the community. And then after they’ve made millions and millions of dollars but without educating our children, they leave. Charter schools are a way for bankers and billionaires to make money off of the poor. It’s racism. We’ve got to look it in the face and call it what it is: racism. It’s only happening to a certain group of people. Period. And I don’t care who that’s uncomfortable for, and who thinks I’m going too far by saying that. It’s the truth. I can’t find another reason. I pay my taxes like everyone else, I go to work everyday. I send my kids to school. So what is it? There’s no other factor. This is based on the color of my skin.

Connecting dots
I’m very discouraged that in 2015 parents have to go to this extreme for a neighborhood high school. People have to answer for that. What did Martin die for? What did Malcolm die for? How can we get the next Barack Obama? How can we get any of those folks if our kids can’t even be educated? They want to make everything private. I’m not crazy. I’ve been to New Orleans. I’ve seen the kids still attending schools in trailers while they got billions and billions of dollars. I’ve been to Philadelphia. I’ve been to Detroit. I’ve been to New Jersey to see the parents who are fighting in Camden. The connecting dot is that there is an attack on black and brown low-income working families.

Jeanette Taylor-Ramann is a member of the Local School Council at Mollison Elementary on Chicago’s South Side. She is one of twelve parents and community members on a hunger strike to keep open the last open-enrollment high school in Bronzeville.
 
Klein-Clone Jean-Claude Brizard Now Tries To Stop A Strike of The Teacher's Union In Chicago

Sunday, September 6, 2015

Mindfulness in the Classroom

Some people look at meditation as a religious thing. I don't. Mindfulness opens your brain to allow your own thoughts to come forward and reduces stress.

Don't believe me, look at the studies.


Betsy Combier, Editor
President,




re-posted from Parentadvocates.org:


Jon Kabat-Zinn
When Mindfulness Meets the Classroom
Many educators are introducing meditation into the classroom as a means of improving kids’ attention and emotional regulation.
The Atlantic, LAUREN CASSANI DAVIS, AUG 31, 2015
LINK

A five-minute walk from the rickety, raised track that carries the 5 train through the Bronx, the English teacher Argos Gonzalez balanced a rounded metal bowl on an outstretched palm. His class—a mix of black and Hispanic students in their late teens, most of whom live in one of the poorest districts in New York City—by now were used to the sight of this unusual object: a Tibetan meditation bell.

“Today we’re going to talk about mindfulness of emotion,” Gonzalez said with a hint of a Venezuelan accent. “You guys remember what mindfulness is?” Met with quiet stares, Gonzalez gestured to one of the posters pasted at the back of the classroom, where the students a few weeks earlier had brainstormed terms describing the meaning of “mindfulness.” There were some tentative mumblings: “being focused,” “being aware of our surroundings.”

Gonzalez nodded. “Right. But it’s also being aware of our feelings, our emotions, and how they impact us.”

Arturo A. Schomburg Satellite Academy is what is known in New York City as a transfer school, a small high school designed to re-engage students who have dropped out or fallen behind. This academy occupies two floors of a hulking, grey building that’s also home to two other public schools. For the most part, Gonzalez told me, the kids who come here genuinely want to graduate, but attendance is their biggest barrier to success. On the day I visited, one of Gonzalez’s students had just been released from jail; one recently had an abortion; one had watched a friend bleed to death from a gunshot wound the previous year. Between finding money to put food on the table and dealing with unstable family members, these students’ minds are often crowded with concerns more pressing than schoolwork.

Still holding the bowl, Gonzalez continued with the day’s lesson. “I’m going to say a couple of words to you. You’re not literally going to feel that emotion, but the word is going to trigger something, it’s going to make you think of something or feel something. Try to explore it.”

The slightly built, 30-something Gonzalez, who wears a wide smile and a scruffy beard, first learned about mindfulness from his wife, a yoga teacher in schools around the city. His students referred to him by his first name, and Gonzalez addressed them just as informally—greeting them in the morning with a high five and a “Sup,” or “How you doing, bro?” or even “Hey, mamma.” He told me he strives to make school relevant—explaining what a “motif” is by comparing it to the hook of a rap song, for example—and believes in the value of hands-on teaching, emailing students individually to check in when they don’t show up.

“First, sit up straight, put your feet flat on the ground. Let your eyes close.” Gonzalez demonstrated as he instructed. Most of the 15 or so students followed suit—though a few scribbled surreptitiously to finish overdue assignments. Gonzalez tapped the bowl and a rich, metallic sound rang out. The class fell quiet as the note reverberated.

“Take a deep breath into your belly. As you breathe in and breathe out, notice that your breath is going to be stronger in a certain part of your body. Maybe it’s your belly, your chest, or your nose. We’ll begin with trying to count to 10 breaths.”

There was silence but for the hiss of the 5 train pulling into the station, the clunk of garbage cans, the faint siren of a police car.

“If you get lost in thought, it’s okay. Just come back and count again. Whether you get up to 10 or not doesn’t really matter. It’s just a way to focus (your) mind.”

* * *

It may not be the typical way to start an English class, but Gonzalez’s students were familiar with these five-minute mindfulness exercises—from counting breaths and focusing on the sensations of breathing, to visualizing thoughts and feelings—that he uses to help train their attention, quiet their thoughts, and regulate their emotions.

Jon Kabat-Zinn, the biologist who first coined the term “mindfulness” in the ’70s, defines it as a state of mind: the act of “paying attention on purpose” to the present moment, with a “non-judgmental” attitude. But mindfulness is really a secular philosophy and set of techniques adapted from thousands-of-years-old Buddhist meditation traditions—ones that only recently landed in mainstream Western consciousness. It was Kabat-Zinn who first formally brought mindfulness into a medical setting; he developed the Mindfulness-Based Stress Reduction (MBSR) program, which used specific exercises to help patients dealing with chronic pain and is now widely applied in other therapeutic contexts, and founded the Center for Mindfulness at UMass Medical School.

Mindfulness has also been harnessed in increasingly diverse contexts beyond health care—some uses more legitimate than others. Last year, the Congressman Tim Ryan introduced mindfulness into weekly staff meetings on the Hill, Time published a cover story on the topic, and CNN’s Anderson Cooper dedicated a primetime segment to showcasing his own transformative experience at a mindfulness retreat center. Google, General Mills, the Seattle Seahawks, and theU.S. military have all embraced mindfulness as a means of boosting performance and productivity, while its potential as an antidote to the distractions and stress of everyday life is increasingly promoted within the general population and has spurred a cottage industry of books, magazines, and smartphone apps.

Even when the concept of mindfulness was created it was slightly nebulous; now, as it is re-appropriated and circulated in the media, it has become even more so. The lack of a universal definition for mindfulness, along with its increasing association with celebrity and vague implications of spirituality, health, and happiness leave some skeptics dismissing it as a superficial, hokey fad. Meanwhile, practicing Buddhists and others who believe strongly in the spiritual roots of mindfulness are concerned that the meditation techniques are being poorly adopted without a proper understanding of the principles behind them, and the long-term commitment they require—a phenomenon they call “McMindfulness.”

Mindfulness is widely considered effective as a treatment for children and adolescents with aggression, ADHD, or anxiety.

Still, the body of scientific research illustrating the positive effects of mindfulness training on mental health and well-being—at the level of the brain as well as at the level of behavior—grows steadily more well-established: It improves attention, reduces stress, and results in better emotional regulation and an improved capacity for compassion and empathy. Brain-imaging studies at Harvard and Mass General Hospital have shown that long-term mindfulness training can help thicken the cortical regions related to attention and sensory processing, and may offset thinning of those areas that typically comes with aging. Mindfulness is widely considered effective in psychotherapy as a treatment not just for adults, but also for children and adolescents with aggression, ADHD, or mental health problems like anxiety. (It remains to be seen whether mindfulness alone is a sufficient replacement for other therapies. In a review last year of 47 different randomized clinical trials, The Journal of the American Medical Association suggested that mindfulness training wasn’t any more effective than other types of therapy, like drugs.)


This strong base of research, along with a growing body of supporters, are fueling the momentum behind mindfulness. And as Gonzalez demonstrates, it’s now spreading to schools, where it could potentially have an impact on students’ well-being; a quarter of American adolescents suffer from a mental disorder, according to a2010 Johns Hopkins study.

The first major effort to use mindfulness in schools began in the UK in 2007 with a series of fixed lesson plans delivered in classrooms across the country. Interest in the movement has picked up pace since. This past July, Oxford researchers announced plans to launch a large-scale, seven-year, $10 million study on mindfulness in education next year. More than a dozen similar initiatives have sprouted in the U.S., grassroots programs that train teachers in mindfulness and generate their own curricula. Among the two largest are MindUP and Mindful Schools, the California-based nonprofit that trained Gonzalez, which continue to spearhead the country’s steadily growing, but piecemeal, mindfulness-in-education movement. Since its founding in 2010, Mindful Schools has trained thousands of teachers through its online programs, most of them in California, New York, and Washington, D.C., who are said to have a total reach of 300,000 students.

After Gonzalez and his wife signed up for one of their six-week courses—Mindful Schools’ training is open to any educator or mental-health professional who wants to teach mindfulness to young people—he was able to convince his school administrators to help him pay for a year-long certification program. Through a series of online lectures, weekly breakout sessions, monthly meetings, and two week-long summer retreats, Gonzalez worked on his own mindfulness skills, honing his ability to control his attention and regulate his own emotions while receiving specific guidance on how to teach those same skills to the youth populations he’d be working with. Gonzalez also received training about the biology of the nervous system, child development, and the neuro-scientific basis for mindfulness’s effects.

Not all mindfulness programs are in schools like Gonzalez’s, where large numbers of students have been identified as disordered or disruptive, or struggle with mental health problems and unstable living situations. Middlesex School, a prestigious boarding school in Massachusetts, requires that all incoming freshmen take a mindfulness course. The program, which was founded by an alumnus who used mindfulness to cope with both sports-related performance anxiety and T-Cell lymphoma, has proven popular among students. A vast majority—97 percent—of students surveyed in 2014 said they would recommend the course to others, reporting benefits ranging from better sleep and diminished stress to increased focus on schoolwork.

Education reformers have long maintained that there is a fundamental connection between emotional imbalance and poor life prospects. As Paul Tough argued and popularized in How Children Succeed, stress early in life can prompt a cascade of negative effects, psychologically and neurologically—poor self-control and underdeveloped executive function, in particular. The U.S. education system’s focus on cognitive intelligence—IQ scores and academic skills like arithmetic—undermines the development of equally vital forms of non-cognitive intelligence. This type of intelligence entails dimensions of the mind that are difficult to quantify: It is the foundation of good character, resilience, and long-term life fulfillment. It is this part of the mind that mindfulness seeks to address.


* * *

Efforts to implement mindfulness in classrooms haven’t always gone smoothly. Some parents and administrators have challenged its use in schools based on its religious roots—and in at least one instance even managed to shut a program down. As mindfulness is used more routinely in the medical sphere, these belief-based critiques are becoming less common. But the lack of evidence demonstrating the long-term academic impact of mindfulness has raised concerns about its role as an educational tool. Given the inherent nebulousness of mindfulness as a concept, and the grassroots status of the movement, these concerns are understandable.

Qualitative evidence touting the benefits of mindfulness in the classroom—like Mindful Schools’ encouraging survey results and uplifting anecdotes from participants—is easy to come by, and several short-term research studies on elementary- and middle-school students have shown positive results. But serious questions remain about the overall efficacy of such programs on non-subjective measurements of well-being and academic performance, such as test scores, graduation rates, mental-health referrals, and overall life outcomes.

The mindfulness-in-education movement has a lot in common with, and in many ways complements, the social-and-emotional-learning movement.

The lack of rigorous, robust, and long-term studies on mindfulness is what makes people like the Penn State University psychologist Mark Greenberg cautious. Greenberg works with the Collaborative for Academic, Social, and Emotional Learning—one of the groups at the forefront of the two-decade-old social-and-emotional-learning (SEL) movement. The mindfulness-in-education movement has a lot in common with, and in many ways complements, SEL, since both aim to teach children how to build self-awareness, effectively handle their emotions, and empathetically manage their relationships. Unlike mindfulness, however, which takes more of an inside-out approach by helping students to slow down, intentionally focus their attention from moment to moment, and build compassion, SEL works from the outside in, teaching children a set of skills like how to mediate a conflict, or how to verbally express and explain their emotions to improve communication. Research shows that SEL programs alone have boosted kids’ academic performance, as well as benefitting them socially and emotionally—but many believe mindfulness should also belong in the SEL toolkit.

Linda Lantieri, who helped found the SEL collaborative and has been working on these issues for decades, argues that the best approach to education combines mindfulness and SEL skills rather than treating one as a sufficient replacement for the other. While Greenberg agrees with Lantieri, he is a sober voice amidst the hype and enthusiasm about mindfulness, earning him the fond title of “curmudgeon” in some circles. “We don’t know if these effects last,” Greenberg told me. “Right now the promised benefits far exceed the actual findings.” He is also concerned that mindfulness is just one “flavor of the month” that may detract attention from SEL programs supported by more substantial evidence. (Greenberg recently co-authored an impressive longitudinal study that followed hundreds of students as they progressed from early childhood through young adulthood and found that poor social-emotional skills in kindergarten helped predict negative outcomes across multiple domains of education, employment, criminal activity, substance use, and mental health.)

Mindful Schools is aware of these criticisms and is beefing up its research efforts. In 2012, the group worked with a University of California at Davis research team to conduct a randomized controlled study of three elementary schools in Oakland, California. They sent in outside mindfulness instructors for 15 minutes, three times a week, to teach some classrooms but not others, and reported that mindfulness improved students’ behavior and ability to focus, as well as teachers’ sense of well-being—through the research design had several main points of weakness, mostly involving the challenge of measuring children directly rather than through teacher assessments. Mindful Schools’ new research director told me that the group is eager to conduct more studies that are even better-planned, focusing more on the efficacy of the kind of integrated training Gonzalez received. The field is so new that techniques evolve rapidly, constantly going through phases of trial-and-error—so it remains to be seen whether current or future findings can convince skeptics of mindfulness’s effectiveness.

* * *

Back in the Bronx, after a minute or two of the day’s mindfulness exercise, his own eyes also closed, Gonzalez ran through a list of emotions: Happy. Sad. Excited. Mad. Bored. Loving. Worried. Jealous. Silly. The second item on this list seemed to especially resonate with an 18-year-old at the front of the classroom, a young woman with dark skin, shimmering pink lip gloss, and perfectly plucked eyebrows. Sitting up straight with her hands in her lap, her composed posture belied the challenges she faced shortly before transferring to Arturo A. Schomburg two years earlier.


“I didn’t know anybody. I was very depressed. I didn’t want to be in school,” she told me in a hushed voice at the end of class. Shortly before transferring to this school, her favorite big brother had been hit by a car. She said she’d watched him fall into a coma, and sat by his side until his heart stopped; soon after that, she’d seen one of her friends get shot in the head and bleed to death in the street. During the quiet minutes set aside for mindfulness exercises in class, she would often cry.

Now, she writes in a perfect, neat script as she fills out a worksheet to accompany the day’s mindfulness exercise. But she told me she wasn’t always so eager to participate. “I used to write, ‘I hate this, I don’t want to do this.’ I ripped those papers up,” she said. But one day when she was in a particularly dark mood, something clicked. “Argos told me to close my eyes. Then he said, ‘Connect to your breath.’ He always used to say it, but I never really did it until then.” Gonzalez told me that his Mindful Schools training had specific segments dedicated to working with trauma.

“At times all the roles blur—teachers, therapists, social workers.”
“I noticed that I could feel [my breath] in my chest,” she told me, “And at that moment, I felt so relieved. The only thing I could think in my mind was, ‘I’m ok.’ And, I don’t know—from that day on, it just didn’t hurt anymore.” She told me she hadn’t been in fights the way she once used to. Her four other brothers are in jail, and she is convinced it’s because they didn’t get the mindfulness training she now has. “Your emotions drive you mad,” she said, but escaping them is possible by “focusing on now.” (Our conversation also benefitted from the fact that I myself have some knowledge of mindfulness; I discovered it during a year off from college as I struggled with anxiety and depression.)

Another student told me she was skeptical about mindfulness but admitted that it could be helpful. She told me that she initially refused to do the exercises, sitting defiantly while others participated. Some of the tasks—like tapping your thumb to each finger individually, to narrowly focus attention on your fingertips—did nothing but irritate her. Eventually, though, she realized she was alone in her resistance, and she began to go through the motions, largely because she likes and respects Gonzalez. She was also struck by a movie Gonzalez showed them that compared two jails, one that trained prisoners in mindfulness and one that didn’t. The prisoners who learned mindfulness were much happier and more successful when they got out. Still, ultimately, she maintains that she doesn’t see the point.

Beyond the issue of scientific evidence, bringing mindfulness into classrooms raises other questions: How does it fit into the traditional teaching model? Could any teacher teach mindfulness, or does it require a significant personal investment? Is opening teachers up to dealing with their students’ emotional and psychological needs, in addition to their academic ones, encouraging a blur between teacher and therapist?

Gonzalez doesn’t think so. “My intention as a mindfulness instructor is to give students some very simple and basic tools so they can learn to self regulate. That’s the beginning and end of it.” When a student is dealing with emotional trauma, Gonzalez said he’s been taught to keep his advice general—to remind the student that everyone suffers and feels pain, but that life is a gift to be treasured.

Mindful Schools has found that a majority of the teachers it has trained experienced lowered stress and higher job satisfaction.
The clinical social worker at Gonzalez’s school—a large man with a warm baritone voice—thinks mindfulness supports the school’s overall SEL mission. “At times all the roles blur—teachers, therapists, social workers. Especially in a school like this. If you don’t address the noise in a kid’s head that they bring in from the outside, I don’t care how good a teacher you are, you’re not going to have much success.”

He was convinced that Gonzalez is on the right track; and that all teachers should get something akin to mindfulness training, given that they must deal with undiagnosed mental conditions on a regular basis. While they are not therapists, they “can at least ease some of the stress in the moment. Long enough to have somebody intervene.”

Greenberg’s view about the teacher-as-therapist issue is also clear: “Teachers teach many things that are therapeutic. They are managing children’s behavior all day long, but that doesn’t make them therapists, that makes them good teachers. Some of the same ideas we teach in therapy are also applicable to all people.”

Beyond helping his students, Gonzalez also thinks mindfulness helps him to cope with the strains of teaching. He believes he now draws clearer lines in his relationships with students—giving them the skills to help themselves, rather than feeling that he needs to be the one to heal them—and copes more healthily with the trauma, the job exposes him to, whether directly (in a previous teaching job, he said a student once stumbled into his office bleeding from a stab wound) or indirectly through working with a grieving student.

Gonzalez ultimately thinks that mindfulness may go furthest if applied to teacher education as a way to help prevent burnout—a major issue, given that 20 percent of teachers in high-poverty schools leave within their first year. Greenberg agrees. One of the ongoing research projects he and his colleagues are involved in is the Cultivating Awareness and Resilience in Education (CARE) program, funded by the U.S. Department of Education, that focuses on the well-being of the teacher and instructs teachers on emotional awareness, techniques for emotion regulation, and ways to apply these skills to teaching. Greenberg and others suspect that mindfulness specifically tailored to teachers and their struggles—stress and time management, for example—and incorporated into their initial training might do as much or more to improve classroom performance than trying to teach children directly. In its annual surveys, Mindful Schools has found that a majority of the teachers it has trained experienced lowered stress, more connection with students, and higher job satisfaction.