Join the GOOGLE +Rubber Room Community

Monday, January 14, 2013

Rotation Beats Long Term Assignment

David Hedges
 LINK
A dear colleague asked me if I found it easier to cope with the professional challenges after I had been assigned to a school for more than a month, instead of for just a week.

No.

Except if that month is September. 

We, as ATRs think that because we are human that we are entitled to respect, but, the students just see us as Subs and therefore as targets for abuse.  And that is what they do to us, pure and simple: abuse.  The abuse comes from the same deprived part of them that has been targeted by the DOE with cold, conscienceless violence.  Children become the abusers of their liberators, their educators, because instead of being nurtured for their imaginations, creativity, and curiosity, they are used as pawns in a boring, data and test driven governmental agency. 

For example, the Aim on the substitute lesson plan I was handed today read, "How can we review for the Regents Exam."  That's it.  Scare tactics.  Scare tactics are forms of abuse.  The premise is that education=exam score.  Like any corporal punishment or violent treatment, children develop a tolerance and they just act violently later, when they can, on the most vulnerable or blameless one they can get away with abusing.  The DOE has engaged in a campaign of fear- teachers are terrified of exam results and almost nobody dares ask interesting questions. 

The abuse is learned, cyclic, and there is no let up, at any moment in the day.  It is shocking.  If I were the parent of a child in just about any class where fear tactics and test data is more highly prized than human imagination and curiosity,  I would wonder where my tax dollars are going, and for what?  What students learn, in a class that is covered by someone who is labeled as a "Substitute" is that it is perfectly acceptable to be rude and even violent to the person who is assigned to watch over their safety.  "Oh, not, not my child," some parents would say, and even at the end of the day, after I have seen sweet, halo bearing children become pack wolves and tear the senior teachers apart, I cannot believe my own memory. 

This is not a complaint about my job- this is a statement about how the child's reaction is a preconditioned set of responses based on policy that dehumanizes their natural interests in life.  Kids are mad as hell and they take it out on the kindly strangers the DOE calls ATRs. 

And, we, the ATRs we are blamed for not being Saviors to a system that has been damned by Lord Bloomberg and Archangel Klein.

Parents, tax payers, citizens, our kids don't deserve to be degraded this way and the system that is supposed to be educating then ought not to be teaching them that fear tactics are an acceptable form of arriving at a civilized society.

And yeah, who are we going to get to do this job, of teaching children?  Only in a bad economy would someone choose this over say, impoverishing the middle class at a job on Wall Street?

NYS Legislators Suddenly Wake Up From Their Coma, Squeek That Mayoral Control Over The DOE Must End

In the article below, we see that New York State legislators woke up from their coma lasting 10 years and are scrambling to save their jobs.

 In my opinion, please dont bother. What we, public school parents/teachers/concerned citizens who are also advocates for due process, fairness, transparency and evidence, need to do is vote out of office the comatose, silent, "pay-to-play" politicians who have secretly greased somebody's palm in order to harm almost a generation of children. We need to stop APPOINTING people for any public office and start with VOTING in our public people - including the Panel For Educational Policy and Community Education Council members - through a general election of all constituents, meaning ALL parents and teachers in the NYC public schools.

Weprin and Montgomery, where have you been? I'm not impressed with your performance.

Betsy Combier

Albany mayor-slayers

Pols trying to end school control by City Hall

  • Last Updated: 3:53 AM, January 14, 2013
  • Posted: 12:58 AM, January 14, 2013
  • LINK
Just days into the 2013 legislative session, state lawmakers have introduced a measure to undo Mayor Bloomberg’s signature educational achievement: mayoral control of the massive New York City school system, The Post has learned.
Bloomberg has used the sweeping power to implement accountability and innovations — often over fierce opposition from entrenched interests.
These include tightening “social promotion” from grades 3 to 8, adopting a new school grading system, extending the school day for struggling students, and dramatically expanding choice and opportunity through charter schools and other alternative schools.
The bottom line: During Bloomberg’s tenure, the high-school graduation rate has substantially increased, supporters said.
But lawmakers pushing the bill to kill mayoral control counter that Bloomberg and his chancellors have run the schools like autocrats.
“The school system needs to be restructured. There is less community and parental input under mayoral control. There’s got to be a way to give parents more say in their children’s education. They don’t have that now,” said Assemblyman David Weprin (D-Queens), who is sponsoring the measure.
The proposal would strip the mayor of appointing the majority — eight of 13 appointees — to the Panel on Education Policy, which replaced the Board of Education.
Under a reconstituted board, the mayor would have only four appointees. Each of the five borough presidents would have an appointee and the City Council would have four appointees.
And the board, not the mayor, would have the authority to hire the schools chancellor.
The mayoral-control law is not up for renewal until June 30, 2015. But the bill advanced by Weprin and state Sen. Velmanette Montgomery (D-Brooklyn) is an early bid to sway public opinion for what could be a bloody political battle.
Weprin said the United Federation of Teachers — which has resisted some of the reforms — is “very sympathetic to changes” and “happy that there’s a discussion on mayoral control.”
And the effort to scuttle mayoral control comes amid a heated mayoral race this year to replace Bloomberg.
“This measure has failed time and time again, and we are confident it will follow suit this year,” said Bloomberg spokesman Mark Botnick.

NYPOST: Passing the Trash

Steve Brill
  • The NYPOST urges the NYC Department of Education to stop changing U to S ratings when they want to get a tenured teacher out of the system so badly that they will "lie" about a teacher's rating, hoping the person will irrevocably resign and pursue working somewhere else with their newly minted "S".

  • The charged individual will be pressured by his/her NYSUT attorney to take the deal, because he/she "will be terminated at 3020-a". The fact of the matter is, the minute you are charged with anything you are immediately "guilty" and you have now become "trash", both in the minds of the NYC DOE admins as well as in the minds of the UFT/NYSUT Attorneys.[TRUE]
  •  
  • First, I dont read minds, but I do think long and hard about each and every case I have been asked to review, sit in, or assist in, and I have made hand-written notes (I DO NOT bring a tape recorder) on everything that is said. How does the NYSUT Attorney know that the Respondent they are there to defend will be terminated? Do they make sure of this outcome? [TRUE]
  •  
  • Second, the U or S rating is virtually meaningless, as there are no facts in observations (Elentuck v Green) and these opinions are simply hearsay. [TRUE] Also, the tenured teacher is already on the "Ineligible/Inquiry List" and wont get hired by anyone anyway. [TRUE]  Oh, and this person will be told never to ask for an open and public hearing, because "reporters from "The POST" will come in, and blotch up the entire hearing" says NYSUT. [FALSE] The modus operandi is to keep the harmful, often rude and ineffective lawyering out of public eyes, and the Respondent teacher can be squashed without any other eyes on the process. [TRUE]

  • These are some of the truths and bulloney of 3020-a in NYC.


  • The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called
    "Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc). 
  •  
  • In the almost 10 years I have taken notes and studied the arbitrators and lawyers who do the 3020-a, I have seen reporters come into an open hearing three times. Once, to the hearing of my dear friend Lucienne, whose teaching skills were recognized by her students and parents as exemplary, and her students all did extraordinarily well. She is beautiful inside and out and she is adored by her students....just not her Principal, Daysi Garcia of PS 65. We walked in the room at 51 Chambers Street to see the DOE's public relations person and Steve Brill sitting inside at the table. I sat down next to Steve, and said hello, and asked him what he was doing there. He told me that he was there to do a story on the rubber room teachers. He stayed 5 minutes, just long enough to greet Arbitrator Jay Siegel, and exchange telephone numbers. 

  • I watched as Steve told Arbitrator Siegel that he would like to chat with him about this case. Siegel looked very flattered, and said he would be glad to talk with Mr. Brill. It was all very warm and fuzzy. Except this is highly improper.

  • Steve's article came out in the New Yorker soon after, and he labelled Lucienne as one of NYC's 3 worst teachers. He was paid to do that article in exactly the way he wrote it, some say by Joel Klein himself.
  •  One school principal has said that Randi Weingarten, of the teachers
  • One school principal has said that Randi Weingarten, of the teachers’ union,“would protect a dead body in the classroom.”

  • Lucienne was terminated - basically, Daysi Garcia of PS 65 was so powerful that she was allowed to come in, lie about Lucienne, and get her AP to read from the Workshop Model math book for almost 13 full hearing dates. Dennis Da Costa, the DOE Attorney prosecuting the case, screamed, insulted and otherwise showed such extreme infantile behavior that I think Jay Siegel believed there were some serious coping issues going on with Dennis. In my opinion, Dennis Da Costa is never rational. He is now the Deputy hired to work under Naeemah Lamont over at the TPU. Every once in a while if a DOE Attorney needs the arbitrator to be pulled into line, Dennis will come into the hearing and do his yelling/screaming routine. Its quite a show.

  • How I wish that Lucienne had not been the scapegoat. 

  • We know alot more now than we did when she went through the process. I would have suggested that she hire a private attorney, even though I like Antonio Cavallero (NYSUT Attorney) as a person. He is still under the umbrella of NYSUT, and subject to the policies which force their attorneys into doing what must be considered weak defenses for their clients. Antonio told me and Lucienne when we went to NYSUT to pick up her papers that her termination was "political". NYSUT just does not have a good track record. Politics and money come before a strong defense of the client? I dont think so.

  • In any case, I will write the bottom line again (probably not for the last time): employees charged and brought to 3020-a for incompetency are a target of the Department, and the information used to bring the person to the arbitration table may be 100% hearsay, the opinion of the principal/investigator/DOE personnel which has no basis in fact. The arbitrator will not be given a picture of whether or not the Respondent can teach, but that he/she made the department "look" bad - by speaking out about the principal's wrong-doing, not being young, not being white, etc. More often than not, the employee is far from incompetent, and certainly not "trash".
  •  
  • Betsy Combier
  •  
  • Passing The Trash
  • Last Updated: 10:45 PM, January 12, 2013
  • Posted: January 13, 2013
  • LINK
Warning to schools outside the five boroughs: Don’t believe teacher records you get from the New York City Department of Education — because they might not be telling you the truth.
As The Post’s Susan Edelman reported, DOE has a secret when it comes to kicking unqualified teachers out of the classroom: It offers to erase their bad marks and send them on their way — if they agree to resign.
And no other district where they might later apply to teach need ever know the truth.
Hmm. There’s a moral dilemma: Entice bad teachers to leave, helping city kids and taxpayers — but, in the process, potentially foist them on other students.

Dan Brinzac
Dennis Wolcott
Truth is, it’s wrong. And it should stop.
In an effort to circumvent the long and onerous system of ridding the system of bad teachers — a system brought to you courtesy of their union — teachers charged with incompetence can strike a tempting deal: Agree to cut the process short and quit, and DOE will change all your “unsatisfactory” ratings to “satisfactory.”
According to an e-mail obtained by The Post, a DOE lawyer promised one teacher that “the department will provide, upon a request, a neutral letter documenting her employment . . . and will convert her U ratings to S ratings.”
And just in case the teacher was too thick to understand the implications of that sweetheart deal, the lawyer assured her that “if she were ever to seek employment outside the DOE, her computer records would show only ‘satisfactory.’”
Future employers would have to discover just how bad she is on their own, in other words.
As for the kids who’d be subjected to subpar educators — well, they’re apparently just collateral damage in DOE’s eyes.
True, DOE is in a fix: If teachers refuse to quit, city schools suffer. And DOE has to look out for its own first.
School brass shouldn’t have to face this choice. In a perfect (i.e., non-union-run) world, they’d be able to easily fire lousy teachers, with no hassles that need to be bypassed. Alas, that’s not the case in this city. So DOE does what it has to do.
But keeping a record of failure hidden from other districts — indeed, providing a deliberately misleading picture of teachers’ competence — amounts to fraud.
Former Chancellor Rudy Crew had a term for it back when the old Board of Education used to shuffle bad principals between schools: “The dance of the lemons,” he called it. It’s a good term — because this is one sour arrangement.

Sunday, January 13, 2013

Boys and Girls HS Needs A New Principal

I am not in favor of closing schools. I dont see any benefit to closing down an entire community other than to destroy that community, therefore I dont support the closing of a school, ever. But one of the most contentious policies of the NYC Department of Education is exactly that, to close a school and throw staff, students, community ties, to the wind.

Obviously, Boys and Girls High School has the power and influence to play politics and buy their way into staying open. The school used to have 4,000 students, now has 1200. Principal Bernard Gassaway told me when he was not working for the Department that principals are hired only to destroy a school and get it closed. What did he do when he was given the job as principal? He started suspending students, removing teachers, leaving classrooms without teachers or books, and in general made an already declining level of performance, worse than ever.

New stats say:.Math; 102 students took exam, 19 passed. Global Studies: 322 took exam 25 passed. American History: 165 took exam, 27 passed.
The excuse is that the State changed the format of the exam and did not let schools know. Which is true. The truth is, that these statistics show that they are teaching towards the exam. If there is a deviation, the kids cannot handle it because they are not taught content. This core curriculum is not very good. 

At B&G there were no prep classes for these exams because there were no teachers to teach the subject.The truth is, there are many teachers teaching out of license. No ATRs that are licensed in a subject are brought in and kept. It cannot be that all the ATRs are unqualified. Perhaps they just do not want to pay someone a differential. 


The school is heading to their 4th "F".

What needs to be done is Gassaway must be removed, he has violated the unspoken agreement to protect, and support, members of the B&G student/teacher/parent community. Replace him with someone who is genuinely concerned with the future and the performance of the students. Doesnt the NYC DOE say "Children First"? Stop, Mr. Walcott, from playing chess with the lives of children.

Betsy Combier

Boys and Girls HS: Rated Bottom In NYC, Keeps Bernie Gassaway Anyway


Aiding Boys and Girls High’s survival are powerful political allies



Chancellor Dennis Walcott and City Councilman Al Vann joined Boys and Girls High School Principal Bernard Gassaway to honor the school's boys basketball team for winning the city championships last year.
Among the dozen high schools the city spared from closure this week despite lagging scores, one stands out as lower-performing than almost all of the rest.
It also stands out for having an unusually powerful set of political allies.
Brooklyn’s Boys and Girls High School has poor student performance, an abysmal graduation rate — 38.6 percent last year  — and few applicants.
“If one looks at the data and the metrics by which all principals and schools are graded, it is very apparent that we are all not measured by the same yardstick,” said Geraldine Maione, the principal of William E. Grady Career and Technical High School, a higher-performing school that the city briefly proposed for closure last year.
It’s a fact that Principal Bernard Gassaway has acknowledged. “Statistically, they’ve closed schools that have better stats,” he told community members at an event in June, before the city’s latest round of performance data.
The secret to the school’s survival, people inside and outside the school say, appears to be a tight-knit advisory board of political and community heavyweights from the Bedford-Stuyvesant section of Brooklyn who say they have pulled strings at the school for years.

“There’s no way that Boys and Girls High School as you know it today would still be in existence if it were not for the advisors,” Gassaway said in June. He declined to comment for this story; his comments all come from public appearances and previous interviews with GothamSchools.
The supporters include Regent Lester Young, City Councilman Al Vann, Assemblywoman Annette Robinson, State Sen. Velmanette Montgomery, and Adelaide Sanford, the vice chancellor emeritus of the Board of Regents. Conrad Tillard, a pastor at Nazarene Congregational Church, and Bedford-Stuyvesant Restoration Chief Executive Officer Colvin Grannum are also members of the advisory board, which meets monthly at the school.
The civic leaders of Bed-Stuy, which has long had one of the city’s most vibrant black communities, say keeping Boys & Girls open is crucial to maintaining the neighborhood’s identity.
“There’s a lot of history here. This is part of who we are as a community and a people,” Vann told GothamSchools last month at a meeting held to weigh the school’s future. “You can’t close that.”
Board members have raised money for the school, including through a private foundation they helped set up this year; coordinated events to bring in the local community; and met with top Department of Education officials to secure funds for a new library. They also said they have influenced the Department of Education’s hiring decisions at the school, and Gassaway has said they encouraged him to seek immunity from being ousted even if the school got worse.
The advisory board’s goal is to restore Boys and Girls High School as the school of choice for students in Bedford-Stuyvesant. The school was nicknamed the “Pride and Joy of Bed-Stuy” during its heyday in the 1990s, when more than 4,000 students crowded into its halls and performance skyrocketed.

Enrollment has fallen at Brooklyn's Boys and Girls High School by nearly 75 percent over the last decade.
But even though the moniker still rolls off many local residents’ tongues, few want to send their children to Boys and Girls. Last year, enrollment was down to 1,470 — and only about 450 students came from five zip codes closest to Bedford-Stuyvesant, according to data provided by the school. This year, only about 1,200 students are enrolled.
The decline began after the retirement of Frank Mickens, a brash but beloved principal who brought order and boosted graduation rates during the 1980’s and 1990’s. Mickens’ tough disciplinary tactics earned him praise, but he also warehoused disruptive students in the school’s auditorium until they dropped out, according to a class-action lawsuit filed by former students that the city settled in 2008. Vann and Young told GothamSchools last year that they were not familiar with the lawsuit.
The advisory board formed in 2007, shortly after Mickens retired and was replaced by a protégé, Spencer Holder, who was later named in the lawsuit.
Members said they were not satisfied with Holder’s leadership in part because he did not solicit input from local leaders the way Mickens had. “His plans were not based on the community,” Jitu Weusi, a longtime community activist and advisory board member, told GothamSchools in May. “He never once came to the community to say look, I want you all to give me some help, some advice.”
The city replaced Holder in 2009 with Gassaway, who had also worked under Mickens. Gassaway had recently retired as superintendent of the city’s alternative schools district, a job he had gotten with Young’s endorsement.
“I weighed in on Gassaway, let them know that we strongly support him,” Vann said of conversations he and other members had with city officials, including then-chancellor Joel Klein, about the school’s leadership. Young declined to comment on what he discussed with city officials in private meetings about the school.
The advisory board directed Gassaway to meet with Klein and ask for sufficient time to turn the school around before being ousted or installing another school in the building — at least three years.
“Klein’s commitment was that he’d give them whatever resources he needed to get the job done,” Vann said.
Gassaway said he also told Klein he would have to make things worse at Boys and Girls before they could get better.
Last year, the school’s 38.6 percent four-year graduation rate was 15 points below the average rate for the nine other high schools the department wants to close this year and 25 points below the city rate. Just 3 percent of students graduated ready for college, compared to 30 percent citywide. And student and staff satisfaction has fallen sharply, according to city surveys.
Department of Education officials say many factors go into the decision to close a school, with academic achievement the most important. Former Chief Schools Officer Eric Nadelstern said one reason the city might hold back on phasing out a comprehensive high school is that it might have trouble finding enough seats in other schools for the hundreds of students who would normally enroll there.
That’s not the case for Boys and Girls. The school’s enrollment has plummeted by 40 percent since Gassaway took over, and the city says at least half of the school’s redbrick building on Fulton Street is going unused.
“Without a doubt, you could fit another school here,” Gassaway, who has been more outspoken than many principals, said last year.
Nadelstern, who has criticized the Department of Education since he left in 2011 but supports its policy of closing low-performing schools, said a school’s historical significance can also keep it off the chopping block. Besides Boys and Girls, the only other school that the department awarded two straight F grades but did not propose closing was DeWitt Clinton High School, which also has a robust alumni association and top-flight sports program.
But Boys and Girls might well have a stronger political edge, Nadelstern said.
“It could just be that Vann and Young and the advisory group got to Dennis [Walcott],” he said. “It could be that simple.”
Department officials did not respond to requests to explain why they decided not to add Boys and Girls to the year’s closure list.
Walcott, the city’s schools chancellor, is among the department officials who have defended the school under Gassaway’s leadership. Gassaway was allowed to remove Boys and Girls from the roster of schools that faced a controversial overhaul strategy known as “turnaround” last year, something principals at other schools tried but failed to do. Deputy Chancellor Marc Sternberg has praised Gassaway’s leadership multiple times. And last year, asked about the school’s low scores, Walcott said the department would stand behind Gassaway as the principal worked to implement a plan to serve the school’s many high-need students.
“Our commitment is to Boys and Girls and making sure that we help them achieve those goals that Bernard set,” Walcott said.
Having strong allies has helped schools evade closure before. Last year, the city withdrew its proposal to shrink Wadleigh Secondary School for the Performing Arts after influential politicians in Harlem sprung to the school’s defense. It also withdrew plans to close and reopen Grover Cleveland High School, which State Assemblywoman Catherine Nolan attended and defended.
And even though Wadleigh and Grover Cleveland stayed open, the city replaced both of their principals. Boys and Girls’ backers said this week that they expect to see Gassaway still at the school next September.
“I’d say he absolutely still has confidence from us,” Vann said.
But Young, the advisory board member, could have to contend with colleagues on the State Board of Regents, who say they do not understand why the city has not applied the same standards universally. ”Everybody should be treated equitably with the same metrics,” said Regent Kathleen Cashin, a former Brooklyn school superintendent.
Outside Boys and Girls this week, students and residents from Bedford-Stuyvesant were split over the school’s quality. But no one denied the significance that the school has to the neighborhood.
“Boys and Girls is synonymous with Bed-Stuy. It’s a landmark. People say, ‘I live this far from Boys and Girls,’” said Damien Brown, a longtime resident. “Generations of people have gone to school here.”
Lisa Jones said she would be happy to send her young child to the school. “It’s an excellent school,” she said. “I have two family members who went there.”
Jahquan Williams, a junior at the school, said academics weren’t up to par for most students but he doubted that the school would be closed. Asked why, Williams said, “Boys and Girls is the pride and joy of Bed-Stuy. That’s a known nickname.”
Additional reporting contributed by Rachel Cromidas and Emma Sokoloff-Rubin

Saturday, January 12, 2013

The Gotcha Squad and How the TPU Charges Teachers Without Any Factual Data (And NYSUT Lawyers Agree With This)



To the New York State legislature: 
please review and change the 3020-a/grievance/U-rating Appeal process! As it exists right now, this process is not fair, balanced, factual, rational or beneficial to children who need to have good teachers in their classrooms.

Thank you.

Betsy Combier

With the talk about evaluation and teacher performance coming to the deadline for getting $millions here in NYC, I am listing the documents which I have posted on my website (Parentadvocates.org) and this blog that are important to the argument that teachers have not been fairly assessed, and tenure rights have been generally ignored under the umbrella of a sham version of "due process".

The RMC Contracts and Training Manual for the PIP+, TAC memos, Performance Management document, and the Office of Labor Relations' Disciplining Teachers are all now available to anyone.
These documents reveal that there is, actually, no data being used to assess teachers, and observations are simply a higher-up's opinion, or hearsay, and are not final determinations (Elentuck v Green). According to the case McPherson v NYC DOE this hearsay is not enough to prove that the process is arbitrary in a federal court, and I think that observations without data (such as test scores, student grades and IEPs, OORS and SOHO reports) are not enough to prove by any standard that a teacher is not effective.
A few guidelines: Do NOT, under any circumstances, sign up for PIP+. This program is designed to get you terminated. PIP+ is in the CBA as "approved". If you turn it down as I suggest (I am not a lawyer and cannot give legal advice) and you are brought to 3020-a, the DOE's argument will be that you turned it down because you will not recognize how bad you are as a teacher. Your argument is that the PIP+ process is designed to create the necessary documentation to terminate you, and you will not succumb to a set-up where the principal gets the observations and can change them before they are given to you. Or something along those lines. All the documents below are used by the Gotcha Squad to get rid of tenured teachers, who are already defined as "incompetent". Notice I say "defined" as opposed to "determined". The bizarre fact of the incompetency hearings are that if a principal says you are an "ineffective" teacher", this suddenly is transformed into a fact. 

Unfortunately, at 3020-a, NYSUT has not brought in any factual data that would help support another argument, and the teacher is terminated on the basis of hearsay. Ask your NYSUT attorney when you meet with him/her how many cases he/she has won. There are many reasons why NYSUT Attorneys do not win their cases (the arbitrator makes a difference as well - there are strong, fair arbitrators on the 3020-a panel, and weak unfair as well).

 When a principal finds Just Cause to terminate you, the NYC Department of Education takes this as not as hearsay/opinion, but "Fact". And here's the problem: UFT and NYSUT believe the opinion of a principal is a fact, too. 

The denial of rights started with this:
Letter to the U.S. Department of Justice from NYC Corporation Counsel Michael Cardozo
 Pages index -11
Pages 12-25
Pages 26-41
Pages 42-58
Pages 59-80

 Editorial: The New York City DOE is a Sham and Mike Bloomberg is the Flim-Flam Man
David Brodsky
  
Education Law 2590-h (The NYC Chancellor MUST have a contract)
  PIP+ Peer Observation and Evaluation
The Administrative Trials Unit (ATU) has hired a team of lawyers who work in a new ATU subgroup called "Teacher Performance Unit". Randi Weingarten, President of the United Federation of Teachers and American Federation of Teachers, calls them the "Gotcha Squad". The use of TAC (Technical Assistance Conference) memos in the preparation of charges to prefer against allegedly incompetent teachers is an outrageous process that I hope, with this exposure, will end.

In New York City, tenured teachers are being removed from their classrooms and positions by Principals and administrators suddenly and, in many cases, without probable and/or just cause. In fact, the entire structure of the New York City Department/Board of Education is intertwined with the General Counsel and the lawyers working in the Office of Legal Services. It's hard to separate the two, and this is one of the biggest problems with Mayoral control as it now stands in New York City. The New York City Board of Education ("NYC BOE") keeps all documents and information secret under the description "Attorney Client Privilege".

However, the BOE gladly gives journalists all the information he or she wants, to "prove" by a preponderance of the evidence that a teacher is guilty of something. Steve Brill's article in the New Yorker magazine is a great example of this.

A teacher may be accused of "verbal abuse" or "corporal punishment" in the same way as being charged with "incompetence" - see the story of Glenn Storman, his complaint in federal court, and the decision in New York State Supreme Court where Judge Kornreich said the OSI investigation and the New York City BOE were "irrational". But this did not stop the NYC BOE, PS 212 Principal Josephine Marsella, OSI investigator Dennis Boyles, and Deputy Chancellors Andres Alonso and Marcia Lyles, both of whom have left New York City. We might ask Joel Klein if Alonso and Lyles were forced out because of this case. Read the Report and Recommendation filed by Magistrate Judge Andrew Peck and you will get a very good summary of the "Gotcha Squad" at work.

Mr. Storman has filed objections to Magistrate Peck's Recommendations.

The Gotcha Squad is empowered by the absolute immunity given to NYC BOE managers and administrators, who are defended in court by the Corporation Counsel, the Law Department of the City of New York...nice free legal help. Additionally, the arbitrators and NYC BOE Attorneys in the 3020-a proceedings ignore the "Labor FAQs" of the collective bargaining agreement policies established between the NYC BOE nd the UFT, all the time. I know, because I have attended the open and public 3020-a hearings of tenured teachers since 2003.

It is obvious that the Mayor has total control over every part of the public school governance structure. A tenured teacher has no rights at all, and can be removed as easily as a non-tenured teacher or any employee. The tenured teachers have holding pens called temporary re-assignment centers or "rubber rooms". There are currently 7 such places located throughout New York City. A teacher may end up re-assigned because a principal may decide that he/she doesnt like him/her, must remove a him/her because he/she is talking about crimes being committed in the school, or must remove a him/her because he/she is earning a salary that is very high due to more than 20 years in the system, etc. The real reason may be that the teacher is too old, too fat, too short, wears red, doesn't wear red, and other such nonsense.

Then, after the Gotcha Squad at 51 Chambers Street in Manhattan have been informed that a teacher, let's say you, are the subject of an investigation, Director Theresa Europe may place you on her "Ineligible/inquiry List". This list is keyed into the computer under your social security and file number, and will prevent any prospective employer from hiring you any time in the future. Theresa Europe gets the last word. In the case of Philomena Brennan, she wanted Ms. Theresa Europe to take her off of the "no hire" list, and had to sue to get her name removed. Ms. Europe removed her name from the Ineligible List rather than have to submit to New York State Supreme Court Judge Alice Schlesinger why and how she keeps such a list, and the method she uses to remove names, as Schlesinger ordered.. Theresa Europe wants to remain in control of this career-ending list.

We all must defend our right to know who is saying what to whom. In New York City today, however, I believe that the NYC BOE's secret disciplinary process is unfair and I have posted this story to hopefully find another, more just way to deal with alleged "incompetent" teachers, whatever that term means. (See "Strategic Management of Human Capital")

The Teacher Performance Unit (“TPU”) is a unit comprised of experienced attorneys who litigate incompetence cases against ineffective tenured pedagogues. This unit provides counsel to principals and other school officials in connection with the preparation and litigation of 3020-a disciplinary charges involving allegations of incompetence. TPU’s goal is to help principals improve teacher quality in their schools by bringing and litigating these cases in a thorough, expeditious and effective manner.

The Labor Support Unit (“LSU”) is comprised of education consultants who work in partnership with TPU to provide direct support to principals who are confronted with ineffective tenured pedagogues. The goal of LSU is to work with the principal to help them design support plans for ineffective tenured pedagogues, to provide guidance and general assistance to the principal; to assist the principal in organizing the documentation; to conduct additional observations upon request of the principal; and to coordinate with the Peer Intervention-Plus (PIP+) Program and Teacher Performance Unit. (See Peer Intervention Program)

Marcia Lyles

The problem is, well...one of the problems is: what does "incompetence" mean? Who defines whether or not a teacher is, really, "incompetent"? The No Child Left Behind legislation requires that every classroom have a highly qualified teacher in every classroom. The problem with this is, what does the term “highly qualified” mean? Who is a “good” teacher and who is a “bad” teacher? We have no ‘American standard’ to help us define what it means to be a “good” teacher, other than to record the scores on standardized tests of students in each class. There are thousands of reports on how this happens, but in the end, defining a “good” performance is almost always a subjective judgment.

The parents of public school children and the teachers of the public schools in NYC know that Mayor Bloomberg and NYC BOE CEO Dennis Walcott dont want anyone to have any power over educational policy decisions except them, and their people. So they designed a process which I call the "rubberization" process to remove anyone from his or her job for any reason, at any time.

How The New York City "Gotcha Squad" Gets Tenured Teachers Declared "Incompetent", and Placed in a Rubber Room 
by Betsy Combier
LINK