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Saturday, June 1, 2013

First Look at New Teacher Evaluation Process

City education department awards itself a win on teacher evals


Screen Shot 2013-06-01 at 7.31.23 PM
Before briefing reporters with their take on the teacher evaluation system that State Education Commissioner John King imposed on the city today, the Department of Education distributed a colorful chart making the case that King had sided with with its proposal.
According to the chart, King fell closer to the department’s position than the UFT’s on several issues, including the number of days allotted for arbitration, the use of student surveys, and the length of the agreement. The chart does not mention other issues where the UFT’s positions won out, such as the number of Danielson Framework components that will count or other details about the way observations will have to be documented.
“I consider this a major victory for our students and our staff,” Chancellor Dennis Walcott said.

Union chiefs offer first takes on state-imposed evaluation plans


UFT President Michael Mulgrew offered what appeared to be a tepid endorsement of the teacher evaluation system that State Education Commissioner John King imposed today,while Mulgrew’s counterpart at the principals union was more favorable about the new plan for rating his members.
Ernest Logan, president of the Council of School Supervisors and Superintendents, said in a statement that his union had actually reached a deal on evaluations with the city Department of Education late Friday, “with the strong intervention of Commissioner King.” He said the deal resembled what had almost been finalized back in January, when the city’s negotiations with the teachers union fell apart just before a state deadline.
Logan praised the new evaluation system, saying that it “preserves many of the same tools our principals are accustomed to while at the same time substantially improving our due process protections and safeguards.” It also provides for helping principals improve, which the old system did not do, he said.
Mulgrew’s reaction was more circumspect. In a statement posted to the UFT’s website shortly after King released details of the plan, Mulgrew expressed satisfaction that teachers will be allowed to challenge the evaluations process before they receive their ratings and that teachers will have an equal say with their administrators in recommending which tools are used to measure student growth.
“New York City teachers will now have additional protections and opportunities to play a larger role in the development of the measures used to rate them,” he said. “Despite Mayor Bloomberg’s desire for a ‘gotcha’ system, as Commissioner King noted today, New York City ‘is not going to fire its way to academic success.’”
But he also signaled that the union has a speedy timeline for seeking revisions to the plan. King announced that the plan would be in effect through the 2016-2017 school year. But Mulgrew said the specifics would remain in effect “unless and until they are altered in collective bargaining with the new mayor who takes office in seven months.”
The evaluation system that King imposed includes some wins for the UFT and some clear losses. Principals will have to consider all 22 components of the Danielson Framework for assessing classroom instruction, which the union wanted. But starting in the 2014-2015 school year, student surveys will count for 5 percent of ratings for almost all teachers — something that the union had vehemently opposed.
The full statements are below. From UFT President Michael Mulgrew:
New York City teachers will now have additional protections and opportunities to play a larger role in the development of the measures used to rate them. Despite Mayor Bloomberg’s desire for a “gotcha” system, as Commissioner King noted today, New York City “is not going to fire its way to academic success.”
The precise measures of student learning established by this ruling will be in effect unless and until they are altered in collective bargaining with the new Mayor who takes office in seven months.
As the UFT requested, there will now be additional arbitration slots that will allow teachers to challenge any violations by supervisors of the new evaluation process before they reach the stage of actual ratings.
The state has also ruled that teachers will be evaluated on all aspects of the Danielson framework, as the UFT had proposed, in opposition to the DOE’s insistence that fewer measures be used.
In individual schools, teachers will have an equal say with administrators on the committee that will recommend the instruments that each school will use.
Despite the Mayor’s claims to the contrary, the major components of the new statewide system – such as the four categories of Highly Effective, Effective, Developing and Ineffective – are part of the statute or are regulations;  as such, have never been subject to “sunset;”  they can be changed by the Legislature or the Commissioner.
And from CSA President Ernest Logan:
After a full day of arbitration yesterday, CSA and DOE reached an agreement on an APPR Plan for Principals. This deal was reached late last night with the strong intervention of Commissioner King, and finalizes the agreement we were on the verge of signing in January. We are pleased to report that our agreement is consistent and reliable as it preserves many of the same tools our Principals are accustomed to while at the same time substantially improving our due process protections and safeguards. For the first time, we’ve negotiated a true yearlong improvement plan for any Principal rated “developing” or “ineffective” with regular cycles of feedback from superintendents. Additionally, we negotiated a strong appeals process, including the step of an independent hearing officer. Our rating scales will continue to yield the differentiated results that our Principal Performance Review has had in the past. We look forward to the implementation of this agreement and will have more details this week.

Monday, May 27, 2013

ACR/ATR Meeting

Next ACR/ATR meeting: June 6
Skylight Diner, 402 W 34th Street (at 9th Avenue), Manhattan, 5:00 pm.

Sunday, May 26, 2013

Betsy Combier Files a Second FOIL Request After Francesco Portelos Receives a Letter From ATU Director Laura Brantley

Before Francesco Portelos showed his true colors as a man who likes to threaten and defame other people, I did what he asked me to do, and that was to file a Freedom of Information request for information about the principal of his school, Linda Hill. See below.

But first, an update on my opinion about Mr. Portelos:

Editorial: Is Francesco Portelos a Danger to Tenure Law? by Betsy Combier



Francesco Portelos and His "Victim Complex"



EDITORIAL: Cyberstalker Francesco Portelos and His Blame Game Must Be Stopped


Contact me if you are being charged with 3020-a, have had a bad experience with Francesco Portelos, or have been in a "new" rubber room at betsy.combier@gmail.com

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


Dear Mr. Baranello,
I believe that Ms. Laura Brantley meant to put Ms. Erminia Claudio, and not Ms. Claudio Erminia, in her email to Francesco Portelos? If not, please give me the title, contact information and authority of "Claudio Erminia" to find probable cause against Mr, Portelos.
Thank you,
Betsy Combier
Editor
ParentAdvocates.Org
NYCRubberRoomReporter.Blogspot.Com  
Betsy Combier, Editor / Reporter
betsy.combier@gmail.com 
                                                                                                                                                                                                                                                                           
                                                                    May 26, 2013
Mr. Joseph A. Baranello
Central Records Access Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007





Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I request copies of the following items:

1) All documents, notes, memos, emails, or recordings made when Superintendent Erminia Claudio contacted Laura Brantley, Attorney, about the matter concerning Francesco Portelos and his 38 charges, and/or probable cause in his case. Please see the letter attached from Laura Brantley to Francesco Portelos.
Erminia Claudio

2)  All documents, notes, memos, emails, or recordings made when ATU Attorney Laura Brantley contacted Superintendent Erminia Claudio about the matter concerning Francesco Portelos and his 38 charges, and/or probable cause in his case. 

3) The name, title, contact information for any person who assisted either Laura Brantley or Eminia Claudio in "finding" probable cause for Mr. Portelos' 38 charges.
Superintendent Erminia Claudio

4) The name, title, and contact information for the charging attorney at the Administrative Trials Unit who wrote the 38 charges against Mr. Portelos.

5) The name, title, and contact information for the charging attorney at the Administrative Trials Unit who wrote the probable cause form.

6) The name, title, and contact information for the person(s) who recommended that Francesco Portelos be suspended with pay.

7) The particulars of what the title of Ms. Brantley means, specifically "as designee for Dennis M. Walcott, Chancellor", and any and all rules, regulations, or law which gives her this authority and title.

8) How Dennis M. Walcott has the powers and duties of "Chancellor" pursuant to law.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please email me at betsy.combier@gmail.com so that we may discuss them.


Here is the contact information for Ms. Claudio:

Erminia Claudio
Superintendent
Community School District 31
715 Ocean Terrace
Staten Island, New York 10301
718-420-5667
Fax: 718 420-5665
eclaudi@schools.nyc.gov

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request.  Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.  If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed. 

                                                                   Sincerely,


                                                                   Betsy Combier


Betsy Combier Files A FOIL Request For the Names, Titles,etc., of The People Who Voted Probable Cause At An Executive Session on Francesco Portelos' Charges

Illinois Teacher Ellie Rubenstein Resigns, in a Video



Teacher Resignation Video: Ellie Rubenstein Explains 'Everything I Love About Teaching Is Extinct'

LINK

Ellie Rubenstein has had enough.
Upon learning that she would be involuntarily transferred to another Illinois school, the former fourth-grade teacher submitted her resignation in the form of a video .
In the 10-minute spoken resignation, posted on Youtube Tuesday under the username Iquityoucantfireme , Rubenstein explains why she is quitting and addresses several major problems she says she has faced as a teacher in the U.S. public education system.
"I was proud to say I was a teacher," Rubenstein tells the camera, after describing how she abandoned a career in public relations to "do something meaningful" with her life. "But over the past 15 years, I've experienced the depressing, gradual downfall and misdirection of communication that has slowly eaten away at my love of teaching."
"Raising students' test scores on standardized tests is now the only goal, and in order to achieve it the creativity, flexibility and spontinaety that create authentic learning environments have been eliminated. ... Everything I love about teaching is extinct," she continues.
Rubenstein's resignation stems from a dispute between four Lincoln Elementary School teachers -- Rubenstein included -- and North Shore School District 112 administrators. As Highland Park News reports, Rubenstein and her colleagues received letters detailing their mandated transfer to other schools in the district  and were given 21 days to respond.
In the video, Rubenstein states that the letter cited a "poor climate" in the building as the reason for her involuntary transfer. "But the truth is, I'm just not a 'yes man,'" she claims in her video.
Administrators contend, however, that such a transfer is not used to punish teachers, Highland Park News notes.
Rubenstein's resignation and the teacher transfers will likely be discussed at a school board meeting Thursday night. Pamela Kramer, president of the North Shore Education Association teachers union, said the district did not violate its contract . Nevertheless, she expects the meeting to draw a crowd, according to The Chicago Tribune.
Earlier this year, a New York high school teacher's resignation garnered widespread attention on social media after he posted the letter on Facebook  along with a photo of Porky Pig saying, "That's All Folks."
"I am not leaving my profession," Gerald Conti explained in the letter, "in truth, it has left me. It no longer exists."

Friday, May 24, 2013

Newsday in January 2013 on Arbitration Run Amok

Editorial: Long Island's trouble with arbitrators

The seal of the NassauCounty District Attorney's office.
Photo credit: Nassau County District Attorney' Handout | The seal of the NassauCounty District Attorney's office. (Jan. 11, 2013)
This month was very good for the investigators of the Nassau County district attorney's office, and very bad for the taxpayers. That's normal on Long Island, where the arbitration system is out of control, our pocketbooks are being abused almost beyond belief and politicians are either unable or unwilling to stop the madness.
Two weeks ago, an arbitration panel gave 40 percent raises to 43 current and former DA's office investigators, meaning the best-paid will receive $190,000 per year and the average for that job will be $121,000. In comparison, investigators with the district attorneys' offices in New York City earn an average of about $65,000 per year.
Many of the 42 Nassau investigators now working for the DA's office are retired police officers with pensions of $56,000 to $106,000 a year. Thirty of the 42 are retirees who have waivers allowing them to collect public pensions and earn full salaries from another government employer. Without waivers, people collecting state pensions cannot earn more than $30,000 a year from another government job. The waivers are supposed to be very hard to get, with public employers essentially having to prove they could not find qualified hires other than these retirees. They are, instead, often laughably easy to obtain.



Beyond the huge pay hike, and $3 million in retroactive payments, DA's investigators in Nassau will get 24 days of sick leave and 27 to 30 vacation days a year, health insurance with no contribution out of their pockets (and $2,000 annual bonuses if they don't take the health insurance, an important clause for those "double-dipping" retirees already getting health care) and clothing and equipment allowances of $1,900 per year.
And why do they get all this? According to the panel led by pro-labor arbitrator Martin Scheinman, it's because DA's investigators in Suffolk County do, and because Nassau County's police detectives do.
In the universe of arbitration logic, the ruling makes sense. The police benevolent associations and other cop unions in both counties, with the willing help of arbitrators and in some cases, county officials, have hiked the pay and benefits of law enforcement personnel sky-high, but these Nassau DA investigators were left out. Arbitration is based on comparable contracts, and there's no legal justification for giving this one group a deal that much worse than everybody else's.
However, arbitration for law enforcement is so far off-kilter in favor of employees and against taxpayers that it is destroying the finances of our counties. Nowhere is there any recognition of meteoric taxes and a stagnant economic base.
For the arbitration panel to award such packages, when almost 75 percent of the investigators already get public pensions, is unrealistic in a county under a state financial control board. The fact that these law enforcement workers got such a great deal isn't what's important. What's important, and what's breaking the bank, is an arbitraton system run amok.

ALFONSE D'AMATO

Binding arbitration leads to higher taxes

 1/24/13

We all know the high price we pay for living in Nassau County. There’s always a lot of talk about the blame game, but did you ever think that one person could singlehandedly drive up our taxes? 

Well surprise, surprise. Over the past several years, Martin Scheinman, a largely unknown power broker, has made quite a career as an arbitrator for thousands of public employees. The deals he has helped hammer out between public employee unions and county officials have impacted millions of taxpayers.

His latest deal, however, has raised more than a few eyebrows and will prove to be another nail in the coffin of the Nassau County taxpayer. 

Last week, Newsday reported that an arbitration panel gave a 40 percent raise to 43 investigators in the district attorney’s office. This included both current and former investigators. Their salaries jumped a grotesque 40 percent during the week of Jan. 7. 

According to Newsday, the investigators were making an average of $86,400 per year, and the salaries ranged from $46,000 to $109,000. The new wage scale increases their salaries to an average of $121,000, with a low of $98,000 and a high of $190,000 — all almost overnight!

Why the dramatic increase? Scheinman and his panel decided that these investigators, who were formerly part of the Civil Service Employees Association, should instead receive the salaries and benefits of the county’s Detectives Association.

The increase in salaries will cost the county an extra $1.5 million. Also entangled in the agreement is approximately $3 million in retroactive pay, and mandated benefits that include extra pay for years of service, clothing and equipment allowances. And let’s not forget 24 days of sick leave a year and 27 vacation days.

Many of these investigators are retired police officers who already receive state pensions. According to a Newsday editorial on the issue, “Thirty of the 42 are retirees who have waivers allowing them to collect public pensions and earn full salaries from another government employer.” This is an absolute sham. Many taxpayers are wondering how this could happen. You may recall that Nassau County’s finances are currently under the control of the Nassau Interim Finance Authority. NIFA serves as a financial control board, and it has imposed a freeze on all county wages, thus eliminating annual pay increases.

The county investigators’ $3 million in retroactive pay dates back to Jan. 1, 2011, which is three months before NIFA took control of all country finances; thus NIFA has no jurisdiction on the matter.

We are in an economic crisis. How much longer is Nassau County going to be subject to decisions made by public arbitrators, such as Scheinman, who is obviously in the pocket of the unions?

Richard Zuckerman, Nassau’s representative on the arbitration panel, wrote that giving the investigators this type of raise “is inconceivable to me . . . while the county remains under NIFA’s jurisdiction and in the middle of a severe financial crisis that makes the county’s ability to pay for this award at best doubtful.”

Scheinman has a long history of controversial decisions. He has repeatedly given Long Island police unions generous awards, making them among the nation’s highest-paid officers. Meanwhile, our taxes continue to rise astronomically, and people are being forced to move out of Nassau County. 

Nassau politicians have complained about Scheinman’s reach in the past, but to no avail. He continues to handle Nassau’s gluttonous police contracts. The current system is taking decisions that should be made by trusted elected officials whom the people elect and putting them in the hands of special-interest captives such as Scheinman.

Suffolk Country was wise enough to enact the so-called “Scheinman Law” in 1998, which bans the county from using arbitrators who have worked in Nassau during the previous three years.

New York’s lawmakers must overhaul binding arbitration laws and put some power into the hands of local officials whose constituents are footing the tax bill. In the meantime, it is long past time for Nassau County to adopt the same policy as Suffolk County and bar Scheinman from participating in any arbitrations.
Al D’Amato, a former U.S. senator from New York, is the founder of Park Strategies LLC, a public policy and business development firm. Comments about this column? ADAmato@liherald.com.