NYC Councilman Richard Holden Exposes Corruption and Fraud at the NYC Department of Education

New York City Councilman Robert Holden (pictured above) is exposing the massive grading fraud in New York City's public schools. The NY POST reported on Jan. 26, 2020 that Holden believes there is “an apparent pattern of conspiracy to cover up grade-fixing, cheating and other wrongdoing [which might] warrant an investigation under the Racketeer Influenced and Corrupt Organizations Act (RICO), which covers criminal enterprises."

We the general public certainly know from reading many websites, blogs and newspapers for at least the past decade that our public school kids in NYC are being robbed of a free and appropriate education. It's about time that our political leaders not only took notice of this fraud, but did something about it.

See my post on my website Parentadvocates.org published in 2004:
Silencing Opposition: Education Policy Implementation Becomes a Matter of National Security
Teachers who speak up are fired at 3020-a, discontinued from probationary service, and/or taunted and harmed in many other ways, all because the NYC Department of Education believes in retaliation, mobbing, extortion, and bullying. It's all about the VIPs of the Department, in all agencies - Schools' District Superintendents, Office of Special Investigations, (OSI) Office of Equal Opportunity (OEO), Office of Personnel Investigations (OPI), Administrative Trials Unit (ATU) and Teacher Performance Unit (TPU) - see here as well - 3020-a panels' Directors, General Counsel to the Chancellor, Office of Parent Engagement, and all the sub-agencies on the NYC DOE payroll - who must agree with the following secret policies:


1. If the school wrong-doing is jeopardized by anyone who may blow the whistle, charge the whistleblower with anything you want and you will be backed up with "proof", provided by staff at the Office of Legal Affairs;

2. Never admit that the Department did anything wrong;

3. Pin any scandal on your school's weakest link - i.e. a staff member who does not speak English well or at all, a  staff member or educator who has done something in his/her past which could look bad for him/her if exposed, a staff member or educator who has a medical condition or sick spouse/relative who must take time off, etc.;

4. Make up what you need if you have no facts, then arrange with administrators how you will be given immunization, witnesses to support your lies, documents which need to be back-dated.

I know the facts behind the list above because I have worked on cases which are based upon one or all of the above. My suggestion is that you NEVER go to any of the agencies or personnel cited above, except OPI which is the "problem Code" office. See this post:

The New York City Department of Education's "Problem Code" is an Unlawful Flag on an Employee's Fingerprints

If you file a complaint with OEO, OSI or SCI, you will be the one they investigate.

For instance,

David Suker is a fearless and outspoken teacher who was charged with 3020-a for allegedly lying about his home address in order to get his daughter into a school on Manhattan's Upper West Side. He was terminated at his 3020-a, which I did not work on (he had a NYSUT Attorney), but he asked me to help him with an Appeal, and I did. I knew that the Department had only 30 days to investigate his address - which, by the way, was not a lie) but they waited 10 years to charge him with a "crime" (see numbers 1 and 4 on the list above).. After winning the Appeal the City filed an Appeal with the First Department, and David ultimately won a settlement of $250,000. The Department's lack of proof lost the day for them, but boy, did they try.

Here is another couple of cases of retaliation:

At the 3020-a hearing offices, Arbitrator Philip Maier was appointed to hear the case of Alan Herz wherein Alan was charged with misconduct. Mr. Maier is an exceptional arbitrator, but the investigators did not submit a report substantiating the charges within the required time, and therefore could not use any of the report to support the charge. Mr. Maier dismissed the 3020-a charges at the pre-hearing. Then, all hell broke loose. The NYC Department of Education, represented by taxpayer funded the Corporation Counsel, sued both Philip Maier and Alan Herz for dismissing the charges. Both Mr. Maier and Mr. Herz discussed with me their disgust for the Department's absurd retaliation. The NYC DOE lost their case. Mr. Maier was fired from the 3020-a panels in New York City.

A  Guidance Counselor was charged with 3020-a for changing grades of graduating seniors at DeWitt Clinton High School, following a meeting with Principal Santiago Taveras who told her to look at a student's grades and "fix them", but she refused.  I assisted the GC at her 3020-a, and we won the case. Mr. Taveras was moved to a new position at the NYC DOE, higher up in the ladder of importance than he was previously:

Santiago ("Santi") Taveras is Demoted/Removed as Principal at DeWitt Clinton High School For Misconduct, But Gets a Higher Salary. Payoff?

Another example is the many people who have cited the NYC DOE for retaliation at PERB, won the case, and then receive a Notice which the DOE is supposed to post in his or her school and all other schools for 30 days. The DOE hides these Notices so that no one sees them. See Maguerite Bagarozzi's Notice here (received after she had a 3020-a, and paid a fine of $2000.00):

And then we also have the massive grading fraud in Maspeth High School:


Maspeth High School dean who allegedly helped kids cheat is removed
By Susan Edelman, NY POST, January 25, 2020

Danny Sepulveda

A Maspeth High School math teacher and dean who students say gave them answers on Regents exams and texted with them has been removed, The Post has learned.

Danny Sepulveda was escorted out of the Queens school in late December “due to an ongoing investigation,” the city Department of Education confirmed.

DOE officials said the investigation was “unrelated to academic fraud.”

But Sepulveda, 30, is one of several teachers who gave kids answers during Regents exams, according to statements given to investigators.

One student wrote last year that Sepulveda re-read the questions at the end of the exam: “But while he was reading it he was only saying the right answer choice, and this made me uncomfortable because it showed he didn’t believe in me to pass the exam.”

Another student wrote that during a math Regents exam in June 2018, Sepulveda and math teacher Chris Grunert “helped me and other kids in my room with answers.”

Grunert and others accused of academic misconduct have not been removed from the school.

In texts to a fellow teacher, Sepulveda defended the practice of giving kids answers, arguing it protects their futures.

“Having someone fail and not graduate HS because of a state exam that colleges never look at is more of a failure than anything else. I look at state tests as the anti-christ,” Sepulveda wrote.

He also wrote, “You don’t get it, man … It’s different here. It’s different because I’m not going to not even give these kids a shot at the real world because they didn’t pass HS. That’s ridiculous.”

During last week’s Regents exams, the DOE let Principal Khurshid Abdul-Mutakabbir and two assistant principals — all under investigation — administer and proctor the tests.

The DOE said it sent “test monitors” to Maspeth as a precaution. “There were no reports of cheating,” a spokeswoman said.

In a letter to Councilman Robert Holden, who also raised concerns about the Regents exams, the DOE said it has “trained” Maspeth personnel. Among instructions, employees were told not to “give students any clues or answers.”

Sepulveda also texted frequently with students during the school day, insiders said.

Among multiple text exchanges turned over to investigators, a student repeatedly asks Sepulveda if he can come to his office.

“I won’t do anything stupid anymore, from here on out. Your’e always good to me and I don’t wanna make you look bad. I’m sorry,” the student says.

Sepulveda replies, “You know your’e my guy. Just let me be able to hype you up again.”

Academic fraud at Maspeth High School is one of the complaints that led to the feds now looking into allegations of systemic cheating at city schools.

From Betsy:
I suggest a good read for anyone interested in the corruption of the Department, formerly the Board of Education: the groundbreaking study of the NYC Board of Education by James Gill, titled "The Gill Commission Report" and his subsequent document "Investigating the Investigators"., both published in 1990. In 2009 I could not find them anywhere online, so I went to the Municipal Library at 31 Chambers Street, where the librarian, Paul, agreed to copy both reports for me for free on his private Xerox machine. Thanks to him, these reports are available on my website Parentadvocates.org and blogs.

The NYC Department of Education is a cesspool of people out for revenge. Be vigilant.

Betsy Combier
Editor, ADVOCATZ.com
Editor, ADVOCATZ blog
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, NYC Rubber Room Reporter
Editor, NYC Public Voice
Editor, National Public Voice
Editor, Inside 3020-a Teacher Trials

FBI probes allegations of ‘deep-rooted’academic fraud in NYC schools

By Susan Edelman, NY POST, January 25, 2020 

The feds have started looking into allegations of widespread academic fraud in New York City schools, a Queens lawmaker says.

City Councilman Robert Holden met this month with officials in the US Attorney’s Office for the Eastern District of New York after his call for a federal probe of “deep-rooted fraud” in the city Department of Education.

“I’m encouraged by my meeting with the US Attorney. His team is taking this seriously,” Holden told The Post.

FBI agents have already contacted several whistle-blowing teachers whose names he provided, Holden added.

A spokesman for US Attorney Richard Donoghue declined comment.

Holden sent a letter in November to Donoghue in Brooklyn and US Attorney Geoffrey Berman in Manhattan, saying “an apparent pattern of conspiracy to cover up” grade-fixing, cheating and other wrongdoing might warrant an investigation under the Racketeer Influenced and Corrupt Organizations Act (RICO), which covers criminal enterprises.

In Atlanta, eight educators were convicted under a RICO statute of manipulating student test scores and sentenced to prison in 2015.

Holden turned over records compiled by former and current faculty members at Maspeth High School in Queens, where teachers say administrators encouraged cheating on exams, enforced a “no-fail policy,” and retaliated against staffers who didn’t play ball.

Meanwhile, Holden and The Post received additional whistle blower-letters from anonymous “investigative staff” with the Special Commissioner of Investigation for city schools.

A similar letter sent last summer said SCI was sitting on cases alleging waste or misconduct by Mayor Bill de Blasio, First Lady Chirlane McCray, Chancellor Richard Carranza and other “high-level executives,” to protect them. Special Commissioner Anastasia Coleman denied the accusation.

The new letter blasts Coleman for a “numbers game” — boosting stats with minor cases rather than focusing on more serious misconduct and systemic corruption, in an effort to make herself look good.

For instance, the letter says, SCI in 2019 launched a probe of a DOE employee “seen urinating in public a few blocks from a school.”

The case was assigned to “Team 1,” an elite unit that is supposed to probe sexual contact between staff and students.

The team was also burdened with cases in which administrators “merely forgot to check a box” in submitting a complaint.

“While SCI is doing more work, the quality of the cases being pursued is zero-to-none, and cases that are systematic in nature or that do show major fraud can’t be worked on because of a lack of resources or time,” the letter says.

It also complains that SCI lawyers “have taken up to 300 days or more” to review and close cases — leaving DOE employees in limbo even if accusations are unsubstantiated.

What’s more, SCI has started closing cases “in-house” rather than sending reports to the DOE, the Conflicts of Interest Board or other agencies, to cover up the delays — and avoid making them subject to public disclosure under the Freedom of Information Law.

Councilmen Mark Treyger, education committee chairman, and Ritchie Torres, investigations and oversight chairman, have said they plan to hold a hearing on SCI’s performance and effectiveness next month.

“It’s increasingly apparent that we need an investigation to investigate the investigators,” Holden said.

Coleman did not respond to the allegations. “SCI will not comment on pending matters or internal deliberations and office management,” the agency said in a statement.

De Blasio spokeswoman Jane Meyer said the city has not received notice of a federal investigation.

“We take allegations of cheating very seriously, and immediately after these allegations were brought to our attention this summer, we reported them to SCI,” Meyer said in a statement Sunday. “The DOE has not received notice of any federal investigation, but will cooperate fully with any investigation they undertake.”

UFT Caucus MORE Gives Their Evaluation of UFT President Michael Mulgrew

The caucus within the UFT known as MORE has posted a delightfully sarcastic evaluation of UFT President Michael Mulgrew, and their evaluation is highly accurate given the pattern and practice of Mike since he became President in 2009.


Randi Weingarten and Michael Mulgrew

 

We all remember when Mike was running for President to replace Randi Weingarten, his predecessor in that position, and most UFT rank-and-file members had never heard of him. He came out of nowhere. I did my due diligence by listening to wild claims made by UFT delegates, members and Representatives, and sending a request through Freedom of Information (FOIL) to New York State for his personnel file, and found out some very shady stuff about Mike, which was posted on this blog.

Also, from my experience doing, observing, and participating in teacher disciplinary arbitrations known as "3020-a" for 17 years, I have documented the lack of true concern and inaction of NYSUT, the legal arm of the UFT, in properly defending UFT members in these proceedings. This is my opinion, of course, and I am not an attorney (New York State law allows non-attorney representation in arbitration), so I can speak my mind.

Kudos to MORE for the posting of Mike's evaluation, which without the sarcasm is "Ineffective".

See:
From Hal Lanse: I Received No Help From Mike Mulgrew, UFT President
Sex, Lies, and Newspapers
Is the UFT Really Negotiating Teacher Evaluations?
Jeff Kaufman on The New Evaluation Plan, the Scam
‘Sex coverup’ with counselor should force UFT President Mulgrew out: foes


Betsy Combier
Editor, ADVOCATZ.com
Editor, ADVOCATZ blog
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, NYC Rubber Room Reporter
Editor, NYC Public Voice
Editor, National Public Voice
Editor, Inside 3020-a Teacher Trials

January Observation Report for the UFT Leadership by morecaucusnyc

Summary: United Federation of Teachers President Michael Mulgrew effectively addressed the census crisis in our city, victim-blaming residents in disenfranchised and disadvantaged neighborhoods for not properly filing their census surveys and causing a lack of funding for our city's schools. As will be discussed below, Mr. Mulgrew was also able to differentiate this victim-blaming with anecdotes about the behavior of residents in areas such as Flatbush and Harlem, as well as provide later demonstration for the same mindset he was trying to teach, through his procedural avoidance of any discussion of the movement for black lives. 

Time: 4:34-6:07 PM, January 15, 2020

Location: UFT Delegate Hall, 52 Broadway, New York, NY

Planning and Preparation: Effective

Mr. Mulgrew shows a readiness to cover a wide range of topics, with a knack for improvisation and other extemporaneous speech, such as an interactive discussion with the audience about the population of Aspen, which has 3,765 residents, as of an estimate in 2018. 

Mr. Mulgrew also showed a readiness to challenge members to wake up and take the census seriously this time. His well-prepared remarks admonishing the membership of the union to take the census seriously were effective because they made it evident that if he had been the UFT president in 2010 during the last census no such shortage of activism on this issue would have occurred. Unfortunately, he did not become president until 2009.

The use of time management is an area of growth for Mr. Mulgrew, as he went several minutes over his allotted time for his President’s Report, after having started late and having made a few too many off-topic jokes throughout this report. However, Staff Director Leroy Barr was able to make effective and minimal amount of his time, merely reciting well-phrased promotions for different upcoming UFT event. More on this will be discussed in Next Steps. 

Classroom Environment: Highly Effective

The UFT delegate hall is filled with padded chairs. There are enough padded chairs to seat almost 20% of the teacher delegates from around the city. Every seat was filled, plus there were some members in the standing room-only section in the back as well as a few other members sitting on the carpeted hallways outside the hall watching on large plasma screens, not to mention a few other members watching through video conference on the 19th floor of the building. Because of the fact that Mr. Mulgrew has a delegate hall almost big enough to fit almost 20% of the elected voting members from the union, one can instantly tell that the UFT leadership values the democratic voice of the rank-and-file membership. 

Instruction: Effective

Mr. Mulgrew was able to talk about the UFT’s new online Chapter Leader Community, where leaders can discuss issues in their schools and in the city. Like many UFT online applications, it may or may not work and will allow Chapter Leaders to spend more time with bureaucratic fun. 

Mr. Mulgrew applied appropriate repetition of moderate-Demcratic talking points about the dire state of our nation. 

Mr. Mulgrew was especially eloquent in his delivery of the lesson when he decried New York’s low census survey return rates in 2010. He was able to show how this was both the failure of working class neighborhoods and the inability of members of the UFT to listen to guidance on this topic that was not provided by the UFT leadership. 

Additionally, he provided relevant examples for these admonitions. Residents of Flatbush were loud and knew everything, but they couldn’t fill out the census. Residents of Harlem can walk all over the sidewalk however they want, but they can’t fill out the census. South Queens? Don’t even get him started. This flow of examples after a stirring PowerPoint presentation really helped illustrate the lesson Mr. Mulgrew was teaching about the need to be passionate about helping with the census in order to get more funding for those most in need. 

Professional Responsibilities: Highly Effective 

Mr. Mulgrew attends to all of his business with the utmost professionalism. He has allowed for a culturally responsive atmosphere where almost 20% of the UFT’s democratically-elected representatives can pretend to voice themselves. He also has built a strong and passionate relationship with the Department of Education’s Chancellor, who has spent his tenure in that role helping to maintain the system of screening and segregation in our schools. 

Further, Mr. Mulgrew appropriately organized and motivated the time of almost 20% of UFT’s democratic voice to allow himself to speak for over 65% of the meeting time. Consequently, he was able to thwart, for the 3rd year in a row, any attempt by the UFT rank-and-file to present motions for the UFT to support the Black Lives Matter Week of Action in Schools with funding, meeting space, and a spirit of solidarity. The success of this approach shows how Mr. Mulgrew is able to properly promote his own democratic voice in the room and silence any members interested in directly acting to change civil rights in our city. 

Next Steps 

Mr. Mulgrew, 

For the next assembly, please try to reduce the numbers of jokes you make. Further, you need to keep an eye on the time, especially considering you have assistants keeping track of time for you. Continue to harness your unique personality, but rely a little less on improvisation, such as your discussion of the population of Aspen for ~5 minutes, and instead focus on more victim-blaming of community members and the UFT rank-and-file. With this, you will be able to create an even more highly effective corporate business unionism for the UFT leadership. 

Please sign below to acknowledge your receipt of this report ,and thank you for all the work you don’t do for our students and teachers. 

Teacher’s Signature: ____________________________________________________

(By signing above you recognize that a copy of this report will be placed in your file.) 

Evaluator’s Signature: The Rank-and-File Educators of New York City 

NYC Department of Education and their Anti-Hate Crime Curriculum

NYC Chancellor Richard Carranza

 Carranza lays out first pieces of new anti-hate crime curriculum

By Nolan Hicks

, NYPOST, Jan. 3, 2020

City officials rolled out the first pieces of New York’s new anti-hate crime curriculum Friday as the de Blasio administration reacts to a string of antisemitic attacks across the city and suburbs.

The first set of new lesson plans calls on teachers to lead classroom discussions about the Holocaust and the dangers of discrimination and bias.

The course work is being rolled out initially at middle and high schools in three predominately Jewish neighborhoods in Brooklyn — Williamsburg, Crown Heights and Borough Park.

The city plans to fully form a curriculum for a systemwide expansion next school year, said Schools Chancellor Richard Carranza.

While the Holocaust is already a part of city history curriculums, the chancellor said new material will zero in on hate speech and discrimination.

“What is hate? What is a hate crime? What is hateful speech,” said Carranza during a visit to Franklin Delano Roosevelt High School in Borough Park Friday to tout the initiative.

First Lady Chirlane McCray, Brooklyn Borough President Eric Adams and Councilman Mark Treyger joined Carranza to stress the need to better educate students on anti-Semitism and other types of hate crimes.

The Post has tallied 13 attacks during a holiday-season surge in violence against Jews in New York — including the machete attack during Hanukkah at a rabbi’s home in upstate ­Monsey on Saturday night.

As Carranza visited FDR High, the bulk of the City Council signed onto a letter to the chancellor demanding the new curriculum to do more to contextualize antisemitism around genocides and terror attacks through history.

“We clearly need a citywide improvement in the teaching of Jewish history and the Holocaust,” said City Council Member Mark Levin, one of 40 lawmakers to sign the letter. “The truth is the average kid on the street in New York City probably couldn’t name a single concentration camp.

Betsy Combier
Editor, ADVOCATZ.com
Editor, ADVOCATZ blog
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, NYC Rubber Room Reporter
Editor, NYC Public Voice
Editor, National Public Voice
Editor, Inside 3020-a Teacher Trials

David A. Hay, NYC DOE Deputy Chief of Staff is Arrested

David A. Hay

I guess the reason I am posting this ugly article about the arrest of another lech at the NYC Department of Education is to point out that everything the DOE does is random and arbitrary: hiring, firing, disciplinary charges, suspensions, discontinuances, etc. Even curricula and after school programming works on a 'flavor-of-the-month' strategy where whoever presents the money first, gets the program. The "Senior officials" get hired because of someone's whim, relationship, favor, or political gain. "Who you know" and not "What you know" is rampant everywhere as the standard of employment, both obtaining a job as well as keeping it. Trying to figure out why someone is charged with something is useful, but you must be a super-snoop and know the tricks to find out the answer. (We do that in every case we work on, anyway)

Expensive lawyers are not the answer, for sure, because the puzzles don't have facts, just whims, guesses, dislike, revenge and sheer maliciousness or, as some call it, unjustified prosecution.

New York City seems to have a problem with Probable Cause: no one cares when someone is charged without it. This is, we believe, incomprehensible and abhorrent.

Our taxes are paying for the reckless behavior of senior "officials" and Department Attorneys who immunize all involved and hold no one accountable.

It is obvious that the Department has not set in place an adequate vetting process for Senior officials. The Big Guns are hired because an important Someone wants them. For everyone else, you have your background checked and re-checked, and if you have a Problem Code in your personnel file, you will never be hired for any job, ever. This is outrageous. Does a backlog of 6,000 names to be vetted for employment at the DOE leave you warm and fuzzy, comfortable that your child will be safe in the Department of Education public schools? If so, you are alone. Parents are extremely worried and upset about the way the Department ignores their complaints, and the cries of their children.

End mayoral control, get politics out of education, and have true choice and educational opportunity given to every family. That's what New York City needs.

See the NY POST, 1/1/2020:

Top DOE official busted on child sex charge was not fully vetted by agency

By Selim Algar

, NY POST, December 31, 2019

"The city never got around to doing a full background check on a former senior Department of Education official who was busted Sunday for allegedly trying to arrange sex with a minor boy, officials said.

The Department of Investigation said Tuesday that fired DOE Deputy Chief of Staff David Hay was part of a massive backlog of background check cases that has plagued the office for years.

Schools Chancellor Richard Carranza’s Deputy Chief of Staff was arrested at a Milwaukee airport Sunday morning for allegedly using a computer to arrange for sex with a child.

“Mr. Hay was part of the inherited set of approximately 6,000 backlogged background files,” said DOI Commissioner Margaret Garnett in a statement.

It is not clear whether a full background investigation would have tripped any alarms, Garnett said.

The DOE conducted two standard background checks of Hay in 2016 and 2018 that included fingerprinting and criminal database probes. Those checks did not turn up any adverse information, spokeswoman Miranda Barbot said.

But Garnett stressed that senior city officials are ostensibly subject to more thorough background checks that vet “issues like tax compliance, previous arrests, and the truthfulness of a candidate’s claimed work history and educational background.”

She noted that she has reorganized the DOI’s background check unit to address the backlog.

Garnett said “the risks presented by this example are exactly why I took immediate steps to assess and then reorganize the Background Investigation Unit.”

Hay, who earned $168,000 annually, was sacked after Sunday’s arrest.

He was hired by the DOE in 2016 under the then-Chancellor Carmen Farina before being promoted to Carranza’s inner circle in October 2018.

The Wisconsin native and current Brooklyn resident served as a principal in his home state before receiving his doctorate from Harvard in 2017 and joining the DOE.

According to his LinkedIn page, Hay was a key player at DOE headquarters, tasked with helping Carranza advance the DOE’s Equity and Excellence agenda."

Here are more articles about David Hay:

https://nypost.com/2020/01/04/doe-official-busted-for-seeking-sex-with-teen-was-subject-of-stalled-nyc-probe

www.nytimes.com/2020/01/03/nyregion/david-hay-child-sex-crime.html

https://abc7ny.com/high-ranking-nyc-school-official-appears-on-child-sex-crime-charge/5812913

https://nypost.com/2020/01/03/doe-official-david-hay-booked-hotel-with-hot-tub-for-sex-with-teen-boy-feds

www.nbcnewyork.com/news/local/high-ranking-nyc-schools-official-bought-hotel-whirlpool-suite-for-teen-sex-complaint/2254310

www.postcrescent.com/story/news/crime/2020/01/03/former-kettle-moraine-tomah-principal-accused-trying-meet-teen-sex/2803840001

We at Advocatz urge everyone to speak out, object to the cloudy transfer of information and resources to parents, such as Suspension Online Hearing Occurrence or SOHO reports (anecdotals and suspension records of students, much of which may not be true), and stand up for what you want, which is a safe environment for your child.
Mr. Hay, your stupidity is now going to be part of your life record forever, like the Problem Code (and see my post below, Down The Rabbit Hole: The NYC Department of Education's "Problem Code" ) is for educators who are charged without reason. Was it worth it?

Betsy Combier
Editor, ADVOCATZ.com
Editor, ADVOCATZ blog
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, NYC Rubber Room Reporter
Editor, NYC Public Voice
Editor, National Public Voice
Editor, Inside 3020-a Teacher Trials

David A. Hay

 Education Official in N.Y. Is Accused of Facilitating Child Sex Abuse

By Eliza Shapiro and William K. Rashbaum, NY Times, December 30, 2019

David Hay, deputy chief of staff to schools chancellor Richard Carranza, was fired after his arrest, officials said.

A high-ranking official in New York City’s Department of Education was arrested on Sunday in Wisconsin and accused of using a computer to facilitate a child sex crime, according to police officials there.

David A. Hay, the deputy chief of staff to schools chancellor Richard A. Carranza, was taken into custody at an airport in Milwaukee following an ongoing undercover investigation, said Officer Stuart Zuehls, a spokesman for the Neenah, Wis., police department.

Authorities in Wisconsin notified New York City officials hours after the arrest.

The Department of Education said it fired Mr. Hay after the arrest.

“These allegations are incredibly disturbing and absolutely unacceptable,” Miranda Barbot, a spokeswoman for the department, said in a statement. “We took immediate action removing Mr. Hay from payroll and are terminating him. We referred this to the Special Commissioner of Investigation and we will fully comply with any investigation.”

Mr. Hay, 39, did not regularly interact with students as part of his job, which was based at department headquarters in downtown Manhattan. Before moving to New York, however, Mr. Hay was a school principal in two Wisconsin school districts.

Officer Zuehls declined to offer more information about the charges or why Mr. Hay was arrested at an airport.

Under Wisconsin state law, someone who is accused of using a computer to facilitate a child sex crime is defined as a person who “uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual.”

It is not yet clear when the investigation into Mr. Hay was launched, or whether Mr. Hay has obtained a lawyer.

The investigation was conducted by the Neenah police department, with help from the Milwaukee County Sheriff’s Department, though it is not yet clear what precise role the Milwaukee police played.

The investigation is ongoing, and there is no information yet about when Mr. Hay will be arraigned.

Mr. Hay grew up in the small town of Antigo, Wis., about three hours from Milwaukee, according to a 2017 interview.

Mr. Hay has served under both of Mayor Bill de Blasio’s schools chancellors: Mr. Carranza, who was appointed in the spring of 2018, and former chancellor Carmen Fariña.

He rose quickly in the Department of Education after joining in May 2016, first serving as a special assistant to Ms. Fariña while he was still a student at the Harvard Graduate School of Education, then helping oversee major programs — including the Renewal School initiative to help struggling schools — before being promoted to a deputy chief of staff last October, according to his page on LinkedIn.

He maintains an active Twitter account where he promotes Department of Education events and positive news stories about the department.

He spoke about his work at the Department of Education in a 2017 news item for the Harvard Graduate School of Education School’s website.

“To jump to the largest school system on the planet is incredible,” he said. “It’s humbling, challenging, and really promising.”

NYC Schools Deputy Chief of Staff arrested, accused of using a computer to facilitate a child sex crime

By Christina Veiga ,  Chalkbeat

David Hay, the deputy chief of staff to schools Chancellor Richard Carranza, was arrested Sunday on charges of using a computer to facilitate a child sex crime, the New York Times reported.

Hay was taken into custody at a Milwaukee airport following an ongoing investigation, according to the Times.

A spokeswoman for the New York City education department said Hay was immediately terminated and added that he “had no regular contact with students in his role.”

“These allegations are incredibly disturbing and absolutely unacceptable. We took immediate action removing Mr. Hay,” spokeswoman Miranda Barbot wrote in an email. “We referred this to the Special Commissioner of Investigation and we will fully comply with any investigation.”

In his role as chief of staff, Hay was a key behind-the-scenes advocate of the chancellor’s agenda, including implicit bias training. He was a point person on assessments and standardized testing, as well as the department’s Renewal turnaround program. Hay was frequently on hand at high profile school visits and press conferences.

Hay could not be reached for comment Monday, and it was unclear if he had obtained an attorney.

Alex Zimmerman contributed to this article

Top DOE official arrested for trying to set up sex with underage boy
By Larry Celona and Selim Algar, NY POST, December 30, 2019

 A top deputy to city schools Chancellor Richard Carranza was busted in Wisconsin for allegedly trying to arrange sex with an underage boy online, police and sources told The Post.

Department of Education Deputy Chief of Staff David Hay was arrested getting off at General Mitchell International Airport in Milwaukee Sunday on a charge of using a computer “to facilitate a child sex crime,” according to Neenah, Wisconsin, cops.

He allegedly intended to meet with a minor boy for sex, sources said.

Hay, who remained behind bars pending a bail hearing Monday, had been under investigation for several months, sources said.

Under Wisconsin law, the charge Hay was booked on is defined as someone who “uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual.”

The senior DOE administrator, who earns $168,000 annually, works with Carranza’s office on the DOE’s Equity and Excellence initiative, according to his LinkedIn page.

The Wisconsin native served as a principal in the Milwaukee area before being hired by the DOE as Special Assistant to the Chancellor in May 2016 under then-Chancellor Carmen Farina.

Carranza promoted him to serve as his deputy chief of staff in October 2018.

The Brooklyn resident now “leads a comprehensive organizational effectiveness and change management strategy for the New York City Department of Education,” according to his LinkedIn account. “He works with the Senior Leadership team to align the department’s work to the Chancellor’s vision of Equity and Excellence for All.”

He received his doctorate in education from Harvard University in 2017.

Hay was immediately fired after the arrest, a DOE spokesperson said Monday.

“These allegations are incredibly disturbing and absolutely unacceptable,” said Miranda Barbot. “We took immediate action removing Mr. Hay from payroll and are terminating him. We referred this to the Special Commissioner of Investigation and we will fully comply with any investigation.”

Barbot stressed that Hay did not work directly with children during his nearly four years with the DOE.

A Winnebago County District Attorney’s office staffer said Hay would likely have to wait until Thursday to see a judge because of the nature of his case and the New Year holiday.

“This is an ongoing investigation,” police said Monday.

From Betsy Combier:

In October 2019 Chalkbeat wrote about a new set of standardized tests for third and sixth graders to be given at 76 public schools, and quoted Hay, who seems to believe that tests are instruction:



David Hay, the education department’s deputy chief of staff, pushed back against criticism that the assessments will take away from student learning time.

"This isn’t a test — this is actually instruction,” Hay said. “This is just understanding, ‘What do our kids know already?’ so we can know what to plan next with instruction.”

Hay emphasized that 1,200 of the city’s roughly 1,700 district schools already offer periodic assessments to gauge student learning during the year — and at least 400 already offer the NWEA Measures of Academic Progress (MAP) Growth Assessments, the specific exam the city plans to use.

The initial set of 76 schools that will be required to use that assessment are all considered struggling by the state, measured mostly by state standardized test scores, though other factors are considered as well. Officials said about one-third of the 76 schools had already planned to use the NWEA MAP assessment this fall.Hay said the department focused on those state-designated struggling schools because officials are already diving deeply into their data and would benefit from an even clearer sense of student performance.

 

Principal says departure from Kettle Moraine amicable

 Aug. 1, 2011

Aug 1, 2011,La Crosse Tribune: David Hay is the new principal at Tomah High School. He replaces Marlon Mee, who will become an elementary school principal in the Tomah district.

 

NYSED Has No Subject Matter Jurisdiction To Address 3020-a decisions

Educators call me all the time with a question: should I appeal my 3020-a decision to the NY State Education Department Commissioner?

The answer is, "No". The Commissioner has no subject matter jurisdiction to rule on any 3020-a arbitrator's determination:

"To the extent petitioner seeks to challenge the merits of her suspension, which are now the subject of a pending §3020-a proceeding, petitioner’s claims must be dismissed for lack of subject matter jurisdiction.  I lack jurisdiction to review determinations made by hearing officers in §3020-a proceedings.  Education Law §3020-a was amended by Chapter 691 of the Laws of 1994 to divest the Commissioner of jurisdiction to review determinations of hearing officers, both final and non-final (Appeal of DeMarco, 48 Ed Dept Rep 252, Decision No. 15,850; Appeal of T.W., 47 id. 400, Decision No. 15,735; Appeal of Fauvell, 47 id. 350, Decision No. 15,720).  Therefore, I lack jurisdiction over both the merits of §3020-a charges and procedural objections related thereto (see Appeal of Lovinsky and Simpson, 57 Ed Dept Rep, Decision No. 17,422)."

At all times we objected to the transfer of Appeals to the NYS Supreme Court rather than the Commissioner, for the very basic fact that the Courts - the Judges - decide cases on political standing, not merit. Judges do not know education policy, and do not fine tune arbitrator decisions which are full of errors of fact and law unless pointed out by an excellent pro-Plaintiff/Petitioner representative with an excellent argument.

 This makes Appeals (75, 78) and lawsuits much more difficult to win, but still possible unless the Plaintiff/Petitioner happens to have Judge Shlomo Hagler in the NYS Supreme Court, Manhattan. He dismisses all Petition Article 75 appeals. We know, we have watched him insult all Petitioners who come before him for oral argument since 2013.

See:
Manhattan Supreme Court Judge Shlomo Hagler Sued By Board of Bialystoker Synagogue (2013)

The bottom line is to fight as is your right every lie, fake fact, newspaper lie that is published until your name is cleared.

Decision No. 17,507

Appeal of JANE DOE,[1] from action of the Board of Education of the Elmont Union Free School District, regarding a personnel action.

Decision No. 17,507

(September 24, 2018)

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wold & Carone, LLP, attorneys for petitioner, Eric Broutman, Esq., of counsel

Colum P. Nugent, Esq., attorney for respondent

Elia, Commissioner.--Petitioner appeals from actions taken by the Board of Education of the Elmont Union Free School District (“respondent”) regarding her placement on administrative leave.  The appeal must be dismissed.

Petitioner is a tenured teacher employed by respondent.  On February 1, 2018, respondent’s superintendent suspended petitioner pending charges pursuant to Education Law §3020-a (“§3020-a”).  This appeal ensued.  Petitioner’s request for interim relief in the form of “an immediate stay of [her] suspension” and an order directing respondent to “allow [her] to return to teaching” was denied on May 29, 2018.

Petitioner argues that, after suspending her, respondent failed to initiate charges at the next regular board meeting.  Therefore, petitioner argues that her continued suspension violates her tenure rights.  Petitioner further argues that she did not engage in improper conduct and that any potential §3020-a charges would be without merit.  Petitioner seeks expungement of any mention of her suspension from her personnel file.

Respondent asserts that, on May 15, 2018, it voted to initiate charges against petitioner pursuant to Education Law §3020-a.  Respondent’s attorney asserts in an affirmation that petitioner will be reassigned to duties within the district during the pendency of the §3020-a proceeding.  Respondent argues that the petition must be dismissed because petitioner’s record contains no reference to her suspension that could be expunged.  Finally, respondent asserts that its suspension of petitioner was appropriate because it is “allowed a reasonable time” between suspension and the filing of §3020-a charges.

First, to the extent petitioner seeks expungement of the superintendent’s suspension from her record, the appeal must be dismissed as moot.  The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937).

In addition to interim relief seeking an immediate stay of her suspension by the superintendent, which was denied on May 29, 2018, petitioner seeks “expungement of any mention” of the suspension beginning February 1, 2018 “until the present.”  Respondent indicates in its answer that no letter, memorandum or other written document referencing petitioner’s suspension was prepared and placed in petitioner’s personnel file.  In a reply, petitioner states that she is “encouraged ... [t]o the extent that it is true that there is no record of her suspension [or] reassignment ....”  Nevertheless, petitioner seeks an order “expunging any such reference if they [sic] exist.”  However, I accept respondent’s assertions in its verified answer and its attorney’s affirmation that there is no record of the suspension in petitioner’s personnel file and I decline to issue an order based on speculation that such a record might exist.  Therefore, to the extent petitioner seeks expungement of any record of the suspension from her personnel file, the appeal has been rendered moot.       In a reply affirmation, petitioner’s attorney acknowledges that respondent has the authority to suspend a tenured teacher such as petitioner once it has filed §3020-a charges, but argues that when it filed such charges on May 15, 2018 respondent took no action to suspend petitioner and that her continued suspension remains illegal.[2]  I note that Education Law §1711(2)(e), which outlines the powers of a superintendent in a union free school district such as respondent’s, gives the superintendent the power “to suspend ... [a] teacher or other employee until the next regular meeting of such board, when all facts relating to the case shall be submitted to such board for its consideration and action” (emphasis added).  A suspension by a superintendent that extends beyond the next regular meeting of the board of education would be ultra vires (see Appeal of Kavanaugh, 55 Ed Dept Rep, Decision No. 16,897; Appeals of Williams, 37 id. 643, Decision No. 13,947).

However, while petitioner’s attorney’s reply affirmation alleges that respondent board did not take action to suspend petitioner on May 15, 2018, petitioner has not provided any evidence, such as board minutes, to corroborate that allegation.  Moreover, on this record, I cannot determine whether respondent has taken any action on another date to suspend petitioner with pay until a final resolution of the §3020-a proceeding.  Under these circumstances, I decline to order petitioner’s reinstatement.  If petitioner believes she continues to be illegally suspended, her recourse is to bring another appeal in an appropriate forum in which both parties will have a full and fair opportunity to address the legality of respondent’s action in suspending petitioner after §3020-a charges were filed.

To the extent petitioner seeks to challenge the merits of her suspension, which are now the subject of a pending §3020-a proceeding, petitioner’s claims must be dismissed for lack of subject matter jurisdiction.  I lack jurisdiction to review determinations made by hearing officers in §3020-a proceedings.  Education Law §3020-a was amended by Chapter 691 of the Laws of 1994 to divest the Commissioner of jurisdiction to review determinations of hearing officers, both final and non-final (Appeal of DeMarco, 48 Ed Dept Rep 252, Decision No. 15,850; Appeal of T.W., 47 id. 400, Decision No. 15,735; Appeal of Fauvell, 47 id. 350, Decision No. 15,720).  Therefore, I lack jurisdiction over both the merits of §3020-a charges and procedural objections related thereto (see Appeal of Lovinsky and Simpson, 57 Ed Dept Rep, Decision No. 17,422).

In light of this determination, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

END OF FILE

---

[1] Given the pendency of charges pursuant to Education Law §3020-a and the fact that it is unknown whether any eventual hearing will be public or private, petitioner is referred to herein as “Jane Doe” to preserve confidentiality (see Education Law §3020-a[3][c][i][C]; Hoffmann v. Dep’t of Educ. of City of New York, 22 Misc.3d 1105(A); aff’d on other grounds, Hoffmann v. Dep’t of Educ. of City of New York, 21 AD3d 493; lv to appeal den, Hoffmann v. Dep’t of Educ. of City of New York, 5 NY3d 716).

 

[2] While the Commissioner’s regulations do not contemplate submission of a reply affidavit or affirmation in lieu a reply, as petitioner has done, I have nevertheless accepted it for consideration in this appeal (see Appeal of Patel, 57 Ed Dept Rep, Decision No. 17,259).  The reply affidavit is in the nature of a reply, as it responds to respondent’s affirmative defenses.