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Saturday, March 7, 2015

The SSHAT, or the Test For NYC's Specialized High Schools, Should Not Be Changed; How Students Apply To Take The Test Must Be Changed

I believe that the SSHAT Test should not be changed, but the procedures for taking the test must change. FYI, two of my daughters were accepted to Stuyvesant HS after taking the SSHAT. This fact does not change my opinion.

When I was President of the PTA at Booker T. Washington MS 54, the school was racially segregated and I tried to change this. I also tried to stop the misallocation of funds by the Principal. I was attacked, of course, by a group of the white parents, all of whom wanted their children to continue to receive the favors and treats of being white. Ironically, one of the parents who attacked me is the current Parent Coordinator of JHS 54, Anne Pejovich. I have a mountain of information on her duplicity to share in my book in the sad chapter of parents fighting parents who speak up.

 The DELTA Honors program fed students directly into Stuyvesant, Bronx Science, Edward Murrow, Brooklyn TECH. The four other programs inside Booker T. did not permit students to take the SSHAT test. This was the problem. Let all kids who want to take the test TAKE IT. The unfairness in telling a child he/she cannot take the test simply because they are not "ready" or just "can't" is unfair and unjust. I and several other parents did a random survey of the schools in the upper west side of Manhattan by standing outside the schools after Parent visiting day, and we asked 2 questions: 1) is your child in 8th grade? 2) is your child taking the SSHAT test? The answers were surprisingly, no, they knew nothing about applying for the test or when it would be given.

DELTA was more than 90% white. The other programs at MS 54 reflected the neighborhood, mostly black or Hispanic. I live on the Upper East side, but my kids were accepted at DELTA because the former head of the program, Fred La Senna, accepted them, starting with my oldest, who had an IEP. She, and one of her sisters, wanted to go to Stuyvesant, took the test, and got in. No other school would have challenged either daughter, and Stuyvesant was the right learning environment for their learning style.

Change the way students apply to take the test, and we may begin to see more diversity in the Stuyvesant pool of incoming students. Don't change the test.

Betsy Combier
Stuyvesant High School

New Study Explores Strategies to Diversify NYC’s Specialized High Schools
Today, the NYC Department of Education announced the results of the City’s high school choice process, including data about students admitted to the City’s eight specialized schools. As in past years, Black and Latino students are starkly under-represented among those receiving offers to these elite schools. A central question is whether the schools’ admissions policy—based exclusively on the Specialized High School Admissions Test (SHSAT)—is to blame for the lack of diversity. 
 
A new brief, Pathways to an Elite Education: Exploring Strategies to Diversify NYC’s Specialized High Schools, examines students’ pathways from middle school to matriculation at a specialized high school, highlighting opportunities to intervene and improve access for underrepresented groups. The brief also simulates the effects of various admissions criteria that have been proposed as alternatives to the current SHSAT-based admissions policy, including state test score, grades, and attendance. In general, we found that these rules would increase the share of Latino, White, and female students. But, most of them would not appreciably increase the share of Black students nor reduce the concentration of offers in a small number of middle schools.
 
“The real take-away is from this study is the lack of diversity in the specialized schools is a much bigger problem than ‘to test or not to test?’” said James Kemple, the Research Alliance’s executive director. “We need to think more broadly about how to reduce inequality in New York City’s schools—identifying strategies that create opportunities for traditionally disadvantaged students will be a primary focus of the Research Alliance’s work in coming years.”

The brief is based on a working paper by the Institute for Education and Social Policy’s Sean Corcoran and the Research Alliance’s Christine Baker-Smith.
The Research Alliance for New York City Schools is a nonpartisan research center housed at the New York University Steinhardt School of Culture, Education, and Human Development. The Research Alliance conducts rigorous studies on topics that matter to the city’s public schools. The organization strives to advance equity and excellence in education by providing evidence about policies and practices that promote students' development and academic success. 

The OPI Problem Code and How To Get Off of It

Joseph McCarthy
The Problem code" in NYC DOE personnel files is a problem. Once put into your file, you can never get rid of it unless you make a deal or get exonerated at your 3020-a hearing (or overturn your discontinuance, if you are not tenured).

About a year ago I brought up the issue of a problem code during a settlement conference with the DOE Attorney and she told us it did not exist. But I showed proof, and then the arbitrator called me in to tell her about it, and asked me to speak to all the arbitrators there at 100 Gold that day. So, I did that.

 See my post

Down The Rabbit Hole: The NYC Department of Education's "Problem Code"


I am also re-posting a very important post on Chaz's School Daze  about the problem code, see below.

The UFT is not willing to end this blacklist? The last time I spoke with UFT's Amy Arundel, she insisted the "Problem Code" does not exist.

Indeed, when I worked for the UFT from 2007-2010, and my office was right next to Amy's office, I used to get calls all the time from members who wanted to know whether or not they were on this list, and I would walk next door and ask Amy, who would look up their file, and then she would tell me yes or no.

The problem code is a red flag put onto your file number to alert anyone that your fingerprints have been tagged as not cleared to work for the DOE or any vendors.

When a potential employer calls up the Department, and they ask about you and say that they are thinking of hiring you, all the DOE is permitted to say is how many years you worked for them. But seldom do they stop there. They go on to say that your file has a "Problem code".

Try it. Have a friend call DOE Human Resources and ask if you can be hired.

Joe McCarthy, where are you?

Anyway, if you are on the problem code, you must try to get off of it. What you need to do is, contact the Office of Personnel Investigations (OPI) at 65 Court Street, and ask for an appointment to talk with an "investigator". Bring someone with you, anyone.

At this meeting make an argument as to why you must have this red flag removed from your employee profile. Get the person's name and email address with whom you spoke, and email them what your argument was, after the meeting. Then wait for the decision. When you get the OPI decision, than you may file an Article 78 to overturn it, and then you can also sue the DOE if you have filed a Notice of Claim.

Read Chancellor's Regulations C-105.

OPI is here:

NYC Department of Education/DHRT
Office of Personnel Investigation
65 Court Street, Room 200
Brooklyn, NY 11201

Betsy Combier

Former OSI Director and The Gotcha Squad

Saturday, March 07, 2015


Why Has The UFT Leadership Failed To Take The DOE To PERB On The Problem Code Issue?



























Back in 2012, the DOE decided that any teacher who was subject to a DOE investigation (SCI, OSI, OEO) and found to be substantiated will have a"problem code" attached to their file.  It mattered little that if the teacher decided to go through with their 3020-a hearing and the independent arbitrator found that the DOE investigation was flawed and found no serious misconduct, the DOE still kept the "problem code" on the teacher's file.  At the time the UFT leadership objected and claimed they will take it to PERB.  However, the UFT leadership failed to pursue the PERB complaint.  The question is why did they quietly drop their promise to file a PERB complaint, or did they ever really intend to fire one in the first place?

The union's failure to protect their members shows up yet again, be it the second class status of the ATRs, reassigned teachers put on ice in a different borough, or the labeling of the unfair "problem codes".  Our union's failure to remove the"Scarlet Letter" from their member files is a disgrace and must be corrected.

As a member with one of those "problem codes"on my file.  I will be more than happy to be the test case, if the union leadership wants to challenge the unfair DOE designation that has damaged many member chances from obtaining a position.  However, I doubt that the disconnected leadership will do the right thing and file their long promised PERB complaint.

Spending Public Funds On Private Treats Is Rampant Throughout NYC Government, and It's Not Just Principals Like Linda Hill. Its Embedded in Government

We hear all the time about principals using their p-card for personal purchases, and other thefts of public money by politicians.

But when the Mayor's people are involved, the money flow into private pockets is often ignored. Take Anthony Shorris, for example.  He took his son to school in a chauffeur-driven car when he worked for Joel Klein. When Bill De Blasio became Mayor he hired Shorris as Deputy Mayor - Gotta have him back, he is the only man in the US who knows enough secrets of NYC government to keep those secret if on salary.

Anthony Shorris is Baaaack and ready to Start a New Deputy Mayorship After He was Fired By David Paterson
Anthony Shorris

 Joel Klein seemed to be particularly immune to public scrutiny of public funds, and I think his deep loyalty to Hillary and Bill Clinton and their coverups is what got him the job. The chauffeur driven cars became an issue for a second, see below.

ED CHIEFS KEEP ROLLING Despite layoffs, school honchos get chauffeurs



Thursday, April 10, 2003, 12:00 AM

The Board of Education changed its name, but its love of perks lives on. Schools Chancellor Joel Klein, who is chauffeured around town in a city car by a bodyguard/driver, has extended the fringe benefit to six of his top deputies - costing taxpayers nearly $600,000 a year. At a time when the Education Department is considering laying off some 3,200 lunch ladies and teacher's aides, bodyguards and door-to-door car service for educrats making six-figure salaries is raising eyebrows. "It's outrageous because [Mayor] Bloomberg promised there would be savings and all would be plowed into the classrooms," said Sol Stern, a fellow at the Manhattan Institute for Policy Research. "It's totally hypocritical, especially when they are talking about laying off school aides to balance the budget.
" The officials are picked up at their homes and driven to work in Ford Crown Victorias outfitted with police lights and sirens to cut through traffic. The Daily News recently spotted a driver for $250,000-a-year Deputy Chancellor Diana Lam shoo another car out of the way with lights and sirens - despite a City Hall directive against using them for anything other than emergencies. The News also saw Deputy Chancellor Anthony Shorris taking his son to school in a chauffeured city car. Shorris earns $168,700. At an estimated cost of at least $580,000 a year - based on 2001 figures for driver salaries, maintenance and fuel - the stash of cars is a pricey perk. That's enough to pay the salaries of 28 teacher's aides. Chancellors have had chauffeurs since at least the late 1970s.

But after the Board of Education was disbanded, Klein doubled the number of school brass with drivers to six from three, according to a current roster obtained by the Daily News. Klein's three deputies - Lam, Shorris and Kathleen Grimm - have the benefit, as did former Chancellor Harold Levy's top three aides. But Klein has expanded the perk to Benjamin Tucker, schools security chief; Lester Young, director of youth development, and Robert Knowling, head of the new principal recruitment institute, the roster shows. Shifting gears Contacted yesterday by The News, school officials said they were going to start a car pool for top management. "We have been reviewing all expenses at central, and as part of that process we are eliminating the use of individual cars by senior leadership," said Klein chief of staff LaVerne Srinivasan.

 David Chai, a spokesman for Klein, said the administration had shrunk the system's fleet to 78 cars, down from 138 when the chancellor took office in August - a drop of more than 40%. Still, this kind of largess was supposed to vanish when the state Legislature abolished the board, which gave each of its seven members a car and driver. A News review of board perks last year prompted a law barring its replacement - the Panel for Educational Policy - from getting cars and drivers. Rather than fire the drivers/bodyguards and mothball the fleet, Klein assigned the cars and drivers to his staff. The move came despite a vow by Mayor Bloomberg - who takes the subway to work at least once a week - to reduce the number of cars doled out to city employees.

  "We eliminated the perks - the cars and chauffeurs - so the money could be plowed into the classroom, not so the cars could be recycled for some other school official," said Assemblyman Steven Sanders (D-Manhattan). Fourteen men and women work as bodyguards and drivers for the school system, according to the most current roster. Eight of the 14 are assigned to Klein, who has two drivers, and his team. Two more are available to drive other top brass or to fill in. Of the remaining "executive protection unit," one is assigned to gang investigations, one is at the front desk of the department's headquarters in the old Tweed Courthouse and two are on leave. "A lot of promises have been made about money being saved, and people are beginning to see that what they say at Tweed and what they do are two different things," said teachers union President Randi Weingarten. "People are going to be laid off, so this is the time for management to make sacrifices as well.
**************************

First Deputy Mayor
First Deputy Mayor Anthony Shorris serves as the second-highest ranking official at City Hall, and is charged with managing the day-to-day operation of City government and the provision of core services across the five boroughs. Shorris comes to the post as a proven manager at City agencies, public authorities and private sector institutions.
Anthony Shorris began his service at City Hall in 1978 during the Koch Administration. He served as Deputy Director of the Office of Management and Budget, responsible for the City’s (then) $23 billion revenue budget, $3 billion annual capital program, and all spending on social services, housing and economic development. While at OMB, Shorris served as an architect of the landmark Ten-Year Housing Plan—the largest local housing initiative in the country. As OMB Deputy Director, Shorris dedicated more than $4 billion in City capital funds to the construction and rehabilitation of nearly 200,000 units of affordable housing in arson-ravaged neighborhoods. The massive initiative brought together and coordinated community-based non-profits, private developers, contractors and government agencies. Shorris continued to serve Mayor Koch as Finance Commissioner, leading the fourth largest tax agency in the nation with more than 3,000 employees and responsibility for collecting over $15 billion in City revenues. At Finance, he spearheaded efforts to reduce tax fraud, culminating in some of the largest investigations in city history that recouped significant funds for the City of New York, as well as creating a Taxpayer Bill of Rights.
Shorris returned to City government in 2001, where he served as Deputy Chancellor for Operations at the Department of Education under two chancellors. After the September 11th attacks, Shorris managed the Department’s efforts to provide mental health services, clean up damaged sites and transport relocated students displaced in Lower Manhattan. Shorris helped steer the Department through the difficult budget immediately following the attacks. His education experience led then-Governor Spitzer to turn to him to lead negotiations to settle the Campaign for Fiscal Equity lawsuit and create the NYS Contract for Excellence program to increase school aid across the state.
Shorris served both Governors Mario Cuomo and Eliot Spitzer at the Port Authority of New York and New Jersey. As First Deputy Executive Director from 1991 to 1995, he helped steer the agency through the aftermath of the first World Trade Center attack. Among his chief accomplishments as Executive Director were advancing the development of the World Trade Center site, including strategies to reduce the spiraling costs of the transportation hub; acquiring Stewart Airport in Westchester County in 2007 setting in motion plans for its expansion as the fourth major regional airport; creating new standards for green construction and the agency’s first carbon offset program; developing the first Compstat program for the PAPD; requiring agency contractors to provide health insurance; and breaking the influence of powerful lobbyists whose clients had business with the agency.
Shorris is a widely respected leader in healthcare. He previously served as Senior Vice President, Vice Dean, and Chief of Staff of the NYU Langone Medical Center, one of the nation’s leading academic medical centers. He helped direct the hospital’s successful efforts to recover from Hurricane Sandy, re-opening just nine weeks after the storm. From 1995-2000, he served as Executive Vice President and Chief Operating Officer at Healthfirst, a nonprofit that he helped launch, offering free and low-cost insurance plans to low income individuals, families, and seniors. A multi-billion dollar company, Healthfirst is one of the largest nonprofit managed healthcare organizations in New York, serving over 900,000 members, and during his tenure Shorris significantly expanded its reach and services to vulnerable New Yorkers. He worked closely with the 1199SEIU National Benefit Fund to create a path-breaking program to provide homecare workers with health insurance.
Shorris has also taught and consulted widely. While at Princeton University’s Woodrow Wilson School, he led the Policy Research Institute for the Region and taught classes in crisis management, poverty policy and education economics. At NYU Wagner, he led the Rudin Center for Transportation Policy and taught classes on both management and transportation as a lever for social change. He has taught and lectured overseas in Italy, East Europe, and the Middle East. He was also a board member of the Regional Plan Association and co-chair of the Fourth Regional Plan, an advisory board member of the Independent Budget Office, as well as a board member of the Healthcare Association of New York State. In the past, he has served as board chair of the Center for Employment Opportunities and the Coro Foundation-New York, as well as a board member of the University Settlement House.

Friday, March 6, 2015

Linda Hill and Her "Berta Bucks" (May, 2012)

Re-posted from NYC RUBBER ROOM REPORTER on May 7, 2012:

Principal Linda Hill and "Berta Bucks"
IS 49: Berta A. Dreyfus

who is Linda Hill?

 

Evidently she has been in the news in the past, see below. Anyone with information can send updates to me at: betsy.combier@gmail.com

 

City declares war on truants

Published: Sunday, January 16, 2011, 8:04 AM     Updated: Sunday, January 16, 2011, 8:10 AM
Amy Padnani 
16truancy.jpgWith Dreyfus Intermediate School principal Linda Hill are three students who missed a month or more of school last year. But they have changed their ways in response to a new anti-truancy program. The students, from the left, are seventh-graders Justin Juarez and Stephanie Colon, and eighth-grader Mustafa Wright. Dreyfus is one of the Staten Island schools targeted by the city's initiative.
STATEN ISLAND, N.Y. -- On any given school day, more than four out of 10 students don't show up for class at PS 14 in Stapleton. At nearby Dreyfus Intermediate School, more than one-third of the students are no-shows each day. 

The city is making plans to put these chronic truants in their place -- specifically, in the classroom. And it's getting personal. 

The mayor's office is wooing students who skip a month or more of school by taking a personal approach -- delving into their family lives and offering rewards for coming to class. 

The so-called "truancy initiative" is focusing on PS 14 and Dreyfus Intermediate School, among 25 schools across the city with a high number of chronic absentees. 

Examples include nagging parents to find out what's keeping children from getting to class, and rewarding those who come to school with a shopping spree at Old Navy. 

"If you're not in school, you're never going to learn," said John Feinblatt, the criminal justice coordinator for Mayor Michael Bloomberg. "Truency rates and high chronic absenteeism rates are associated with very bad outcomes down the pike, whether it be juvenile delinquency, teen pregnancy, joblessness and so on." 

As part of the plan, success mentors -- City Corps volunteers or students studying social work -- will be placed in each school to track 15 chronically absent students and make contact with each family. 

There also will be numerous incentives, such as trips and freebies, for coming to school. City agencies like the Department of Homeless Services, the Administration for Children's Services and the Health Department also are part of the initiative. 

16truancy2.jpgStudents who improve attendance and do well in other areas earn 'Berta Bucks' that can be redeemed for prizes.
The attention from the mayor's office followed an alarming report released by The New School in 2008, pointing to a citywide problem in which one in five students skips a large amount of class time. 

According to the report, 41.3 percent of students were chronic absentees at PS 14, while 35.4 percent fit into that category at Dreyfus. 

A GOOD START 

Kim Nauer, one of the report's authors, called the mayor's initiative a good start, considering the financial constraints the city is facing. 

"Knowing they have no money, yes, I'm extremely pleased," she said. "People are awake about it now." 

Still, she said chronic absenteeism runs deep in the challenges of a surrounding community, and would take a lot of resources and time to delve into. 

PS 14 and Dreyfus Intermediate, located just a block from one another, flank the Stapleton Houses, the largest public housing complex in the borough and a main feeder to both schools. PS 14 is on the state's list of persistently dangerous schools; Dreyfus was only removed recently. Both are listed under the state's list of Schools In Need of Improvement. 

Both schools have a large population of minority children, with 81 percent of students at PS 14 eligible for free lunch and 71 percent eligible at Dreyfus. 

Among the challenges the principals see are single parents, families with lower socioeconomic backgrounds and children with health problems. 

Since September, PS 14 has been concentrating on 122 chronic absentees, while Dreyfus has been focusing on about 150. The school chancellor's regulations say each child is expected to have a 90 percent attendance rate, which both schools are aiming to maintain. 

MANY VARIABLES 

"There are a lot of variables involved with the families. A lot of things happen to them in their lives, and young children take on a lot of responsibilities," said PS 14 Principal Nancy Hargett. "We do whatever we can to find out what we can, whether it's because the children don't have the proper clothing to come out that day, or maybe they had to bring their siblings to school first." 

She said some students come from two nearby shelters, and she has no clue how long they'll actually remain in her building. Last week alone, seven new children walked into her school. 

The staff looks for patterns -- for instance, zeroing in on the large group of students who show up 30 minutes past the morning bell -- Ms. Hargett said. Latenesses are also calculated into the attendance rate. 

"It's a very hard, challenging job ... it's not all roses for me," the principal said. "It's a very tough community, a very hard community. But I think, in the long run, for those children that are here -- and they're sweet little darlings -- any little bit will help." 

PS 14 also has partnered with Dreyfus to hold parent summits, inviting families to talk about the importance of attendance and letting them know about city services that can help those who are struggling. 

"I know our parents are overwhelmed with responsibilities, with many of them working two jobs," said Dreyfus principal Linda Hill. "It's a challenge. I understand it from both sides of the picture. If you have your job in jeopardy, and you have to be there, yet you have a sick younger kid, what do you do?" 

STUDENT-ONLY SUMMIT 
She said the school also has a student-only summit called Dreyfus Everyday for Success, in which students meet regularly and participate in activities. A recent raffle granted some of the students a trip to see "In the Heights" on Broadway. 

"It validates them. They are a member of an organization that cares," Ms. Hill said. "They absolutely feel good -- you can just see from the smiles. That's not a whole lot of data but it's something that absolutely can be recognized." 

The summit complements existing efforts to promote attendance and good behavior. Among those efforts are the M&M Club, which stands for Mentors and Mentees and pairs adults with students, and Berta Bucks, in which students are rewarded with fake money to redeem for small prizes. 

On a recent afternoon, several students in the truancy program spoke proudly of the improvements they've made in their attendance so far this year. 

Mustafa Wright, an eighth-grader, missed 65 days of school last year after his family moved to Staten Island from the Bronx. Now, Ms. Hill said he's only missed three days so far, and is holding steady with a 96 percent attendance rate. 

"I'm going to graduate this year, so I want to pass all my classes," the 14-year-old said. 

Stephanie Colon, a seventh-grader who also moved to Staten Island a year ago -- and attended the same Bronx school as Mustafa -- said she missed 26 days of class last year because it was tough to focus. Since she's been coming every day so far this school year, she's found it's easier to keep up with schoolwork. 

She said the school staff has been attentive, which has helped to keep her on track and resist temptations to cut class. 

"They told me that no matter what, they want me to talk to them and that they would welcome me with open arms," the 13-year-old said. "Sometimes my friends say they're going to skip school and ask if I want to come. I just say no and then I walk away." 

Getting to class has been especially tough for Justin Juarez, also in the seventh grade. The 13-year-old's grandmother, who played a strong role in raising him, recently died, and he has been suffering from depression. 

Justin said he missed 22 days of school last year, but that he's managed to keep a 100 percent attendance rate so far this school year. Going to the Old Navy event -- during which he met his favorite baseball player, the Mets' Jose Reyes -- was a definite incentive. 

"Some days I get up and I'm tired and I don't want to come to school, but I tell myself, 'you have to go,'" he said. "At the end of the day, I feel good."

 

Principal under fire after 'spleen boy' remark

Published: Wednesday, October 17, 2007, 5:40 PM     Updated: Wednesday, October 17, 2007, 11:58 PM
John M. Annese 
Linda Hill, the principal of Dreyfus Intermediate School in Stapleton, is being blasted as "insensitive" after an alleged comment at a faculty meeting.
A Staten Island middle school principal is being blasted as "insensitive" after reportedly forgetting the name of an eighth-grader at her school who was severely injured in a textbook-tossing incident, then referring to the teen as "spleen boy."
Linda Hill, the principal of Dreyfus Intermediate School in Stapleton, made the "spleen boy" remark on Monday during a faculty meeting, according to sources present.
The teen's name is actually Chaz Carvalho, 13, of South Beach. Carvalho's spleen burst after his classmates pelted him with flying hardcover textbooks on Oct. 3 during a bizarre variation of the "Quiet Game." Doctors removed his spleen two days later, and used 29 surgical staples to re-seal the incision in his stomach.
A city Department of Education spokeswoman yesterday confirmed that Ms. Hill made the remark.
"The comment was inappropriate but made at a closed staff meeting and not intended to be malicious," said spokeswoman Dina Paul Parks. "The principal is apologetic. We do not anticipate taking disciplinary action."
"It's beyond insensitive at the very least," said Carvalho's lawyer, Ralph Porzio, a former Family Court judge.
Even though he didn't believe Ms. Hill was deliberately mocking Carvalho, Porzio questioned what was going on in her mind when she forgot the teen's name.
Chaz Carvalho, 13, reveals his scars in his South Beach home.
"That's the first thing out of her mouth?... That's the insensitivity. This child is someone who has been scarred literally and figuratively," Porzio said.
He added, "This isn't 'Seinfeld.' This is life. You're allowed to be a little bit nasty in 'Seinfeld,' but not if you're the principal of a school."
Ms. Hill refused to discuss the matter when contacted by the Advance today. "I really don't have any comment, thank you," she said.
The textbook toss happened while Carvalho's eighth-grade math class was being supervised by a first-time substitute teacher, who school officials say never reported the incident to administrators.
Carvalho went to the nurse after class, but only admitted to having a stomach ache. He didn't mention the flying textbooks until two days later, when the pain wouldn't go away.
Ms. Hill wasn't present in the school building the day of the incident -- she was on a camping trip with students and faculty, according to school officials.
Ms. Hill brought the matter up during the faculty meeting as an example of why teachers needed to report classroom incidents as soon as they take place, but she forgot Carvalho's name, and called him "spleen boy" instead, according to sources.
The comment elicited shock from some of the teachers present, said one source, who spoke on condition of anonymity. "She realized her mistake, and kind of repeated it again with a nervous laugh," the source said.
"When I heard her say it the first time, I was taken back by the whole thing," the source said, who spoke on condition of anonymity. "If it was a teacher that said it, and a parent complained, she would have their back to the wall."

Thursday, March 5, 2015

Punitive Evaluations By the Department of Education and the PIP+ Process - Scamful

Re-posted from NYC Rubber Room Reporter June 12, 2012

Since this was published, the PIP+ program was not funded. Thank goodness!

This program was set up by the DOE to create paperwork to terminate a teacher. There is no mention, none, in the RMC Contract about the UFT. What a scam.

Betsy Combier

The Issue Of Observation Reports And Using These To Punish and Terminate Teachers

The issue of teacher evaluations is fascinating, when you realize that the New York City Department of Education and the UFT (and NYSUT) violate the Collective Bargaining Agreement ("CBA") all the time.

Take the UFT/DOE Peer Intervention Plus (PIP+) process, for example. The way it works is this: RMC, the PIP+ vendor (at approximately $330,000/year) hires former educators (you can work for them if you have not worked for the DOE for 1 year) to observe teachers who are targeted for termination. RMC is contacted by the DOE and given an assignment: an employee who is not, supposedly, 'up to par' with the expected workload. In fact, any principal can request PIP+ after one "U" rating, a violation of their contract with the DOE -see my website and blog 
RMC Contract 1-53 
RMC Contract 54-105 
RMC Contract 3

Training Manual 1
Training Manual 2

The RMC observer goes to the school and discusses the employee with the principal. The principal tells the observer what he/she wants the person to observe, and what the person is supposed to "find".
The RMC protocols do NOT call for pre-observations, which is a blatant violation of the contract which states that there must be a pre and post observation for each formal observation. RMC observers ignore this. In fact, I have heard RMC employees testify that they have never read the CBA. 

The UFT did not object to the procedures used by RMC, thus there is no repercussion for the RMC observer for breaking the rules of observations. I can only wonder, "What was Randi Weingarten/Mike Mendel/mike Mulgrew thinking when they approved PIP+, the Termination Program? 

 Below is the information gathered from the UFT on Observations:

Observation and Evaluation


The information below is about observations and evaluations. This information is the process REQUIRED by contract. Please use this to introduce the next hearing, because it shows that the PIP+ program violated the contract with the UFT and Teaching For the 21st Century, but also that Sue Lichtenstein's observations can hold no weight. Here is the link:
I'm home all weekend (drat)
Betsy
Observations and evaluations fall under the general category of performance review, which is cited in Article 8J of the UFT contract. Performance reviews are intended to help teachers accomplish their educational goals with their students.
Currently, the UFT and the Department of Education have an agreed-upon plan for teacher evaluation that is incorporated in the contract and is spelled out in the document “Teaching for the 21st Century.”
Under that plan, tenured teachers, in consultation with their supervisors, may choose either the “performance option” or the traditional classroom observation as the basis for theirperformance review.
New and probationary teachers at all levels should expect to have formal, traditional classroom observations several times a year. If you think you are being excessively observed, keep a log of the visits and speak to your chapter leader.
A formal observation is one which includes pre- and post-observation conferences and written feedback and/or comments. A supervisor has the right to enter a teacher’s class unannounced. However, such informal visits generally are not written up. If your supervisor writes up such an informal observation and if it is negative in nature, you should ask in writing for a post-observation conference with the supervisor.
A pre-conference may be: 1. one-to-one conferences between the supervisor and teacher; 2. small group meetings; or 3. a written notification outlining a menu of possible instructional areas to be evaluated during the formal observation, with teacher input on the area(s) to be addressed.
One-to-one conferences are required for all formal observations of probationary teachers or U-rated teachers.
Tenured teachers who have been rated satisfactory are entitled to an individual, lesson-specific pre-observation conference if they request it in writing. The UFT recommends that all teachers make such a request at the beginning of each school year. A written request for a one-to-one conference must be granted (see Chief Executive Memorandum # 80, 1997-98). If your written request is denied, you may grieve under Article 8J and Article 20 of the teachers’ contract.
Following the observation, you should write down your recollections of the lesson, which will be helpful to you in the post-observation conference with your supervisor.
You will receive a written report of the observation after the post-observation conference and will be asked to sign it to indicate that you have seen it, whether or not you agree with it. If you believe the observation was improper, you should speak to your chapter leader, who can help you formulate a written response and advise you of the other options open to you. Your response must be attached to the original report and placed with the original in your file.

THE NEW EVALUATION AND IMPROVEMENT PLAN FOR TEACHERS

In May 2010, the UFT, NYSUT and the State Education Department agreed to create a new teacher evaluation and improvement plan.
This new evaluation system will include content knowledge, pedagogical practices, instructional delivery, classroom management, knowledge of student development, use of assessment techniques/data, effective collaborative relationships, and reflection of teaching practices (criteria that currently exist) as well as multiple measures of student learning such as test scores, classroom work, presentations and projects. The mix of those measures in New York City will be negotiated between the UFT and the Department of Education, but the use of state test scores will be capped at 25 percent.
The new system will take effect starting in the 2011-2012 school year. The union will be at the table during the 2010-11 school year working out the details of the agreement and determining the criteria to be used.

USEFUL RESOURCES FOR OBSERVATIONS AND EVALUATIONS


Below is an email that my friend Harvey Elentuck sent to Daily News reporter Kenneth Lovett about teacher evaluations: 

to:  Ken Lovett
from:  Harvey M. Elentuck
cc:  Betsy Combier, Robert J. Freeman, Esq., Camille S. Jobin-Davis, Esq.
date:  6/12/12

Hi, Mr. Lovett!
I just saw your article, "Shhh, it's a secret!" about teacher evaluations in the print edition of today's Daily News.  I also looked at the online version, "Unions want Cuomo to allow parents to see teacher evaluations."

I was the petitioner in Elentuck v. Green (202 AD2d 425).
That was a CPLR Article 78 suit (relating to the application of the Freedom of Information Law) in which the Second Appellate Division found that there were no "statistical or factual tabulations or data" in a large collection of records that I had requested, including unsatisfactory lesson observation reports and Chancellor's Committee reports that were in possession of Community School District 24 and Community School Board 24.  Don't ask me how the court made such a finding when there was never an in camera inspection of all the records that had been requested.  The Court of Appeals turned down my Motion for Leave to Appeal, so the decision stood.


My case was cited in the following advisory opinion of the NYS Committee on Open Government:


My case was also cited by the lower court (Judge Cynthia Kern of NYS Supreme Court, New York County) in the Mulgrew case about "teacher data reports" (which was the case responsible for the current push to close off access from the general public):


If there are no "statistics" or "facts" in lesson observation reports, then one must wonder:

1)  What good are they?

2)  Why is so much public money being spent on having supervisors observe lessons, discuss the lessons with teachers afterward (the "post-observation conference"), and then write up such reports?

3)  Why are teachers sometimes rated unsatisfactory or fired based on their contents, thereby denying teachers' rights to due process?

If there are no "statistics" or "facts" in Chancellor's Committee reports, then one must wonder:

1)  What is the purpose of holding administrative hearings that result in the issuance of such reports?

2)  How would the Chancellor know whether to adopt or reject the recommendation contained in such reports (which is practically always to sustain the adverse personnel action that had been taken -- such as a U-rating, discontinuance of probationary service, or denial of tenure) without a recitation of the facts and statistics upon which the recommendation had been based?

In my opinion, it is imperative that the final ratings of teachers, plus the statistical and factual aspects of the supporting documentation, continue to be made available to the general public pursuant to FOIL requests.  Furthermore, if teachers are being given "instructions to staff that affect the public" within the body of performance evaluations, then, that type of information, too, should continue to be accessible.

For one thing, school districts are spending huge sums of money on "professional development."  Think of how this can be avoided if teachers were simply able to easily access the specific "secrets of good teaching" (to emulate) and the "secrets of bad teaching" (to stay away from) as revealed in the supporting documentation.

For another thing, occasionally the evaluations of teachers and administrators reveal unsafe conditions in the schools, and these need to remain within the sphere of public access.

Here is an example of an evaluation of a high school principal which was released to me under FOIL over thirty years ago by Ruth Bernstein, the (at the time) Deputy Records Access Officer of the NYC Department of Education:

    [Name Deleted]’s performance as principal during the school year 1980-81 was unsatisfactory.
            This evaluation is based on a review of the degree to which he fulfilled specified goals and objectives, and on his performance in the organization, administration, and supervision of other school-based matters.
            However, it should be noted that [Name Deleted] did satisfactorily fulfill, at least in part, some specified priorities.  These included formulation of plans to accomplish schoolwide goals and objectives; making plans for review of lesson planning; establishing plans to increase the school’s holding power and to improve attendance and decrease cutting.  Unfortunately, while these plans were made, few were implemented successfully.
            A major positive accomplishment was the establishment of an Honor Academy in the 9th grade.  This will serve as the basis for expansion of the Honors program into higher grades.  In addition, objectives to strengthen communications among and between members of the school’s staff appear to have been met.  The Business Education program was expanded.
            [Name Deleted]’s overall performance, however, was unsatisfactory in the following areas:

(1)        He violated policy with regard to admitting students who arrived late to school.
(2)        He failed to address or remedy the lockout situation until mid-October 1980 despite the superintendent’s prior instructions.
(3)        He failed to organize and administer a procedure to properly and accurately record pupil lateness to school in such a way that parents would know of these latenesses.
(4)        He failed to follow the superintendent’s instructions to identify, diagnose, and analyze absenteeism and cutting so as to improve performance in those areas.
(5)        He failed to organize, administer, and supervise a program of classroom observations by assistant principals in a manner and on a schedule which would afford sufficient opportunity and time to provide assistance to teachers for improvement of their performance.
(6)        He failed to administer and supervise procedures to guarantee a safe, secure, and wholesome school atmosphere with special reference to stairways and the student cafeteria.
(7)        He violated instructions and guidelines concerning implementation of a funded PSEN math position.
(8)        He failed to properly follow instructions concerning the exclusion of non-immunized pupils.
(9)        He violated High School Division instructions regarding the administration of final examinations and end-of-year activities for the Spring 1981 semester.  This resulted in a loss of 4 full days of instruction to students, waste of instructional time and resources, waste of tax-levy and funded monies, and substantial and unwarranted decrease in attendance.
[Name Deleted] has demonstrated by the above that while he is generally capable of making plans, either alone or with others, to address daily and/or ongoing school-based problems and situations, he is inefficient and incompetent in satisfactorily fulfilling the administrative and supervisory functions and activities necessary to their successful implementation, in keeping with the level of performance expected of a high school principal.
                                                [Superintendent’s Signature Deleted]
                                                            [Superintendent’s Name Deleted]

Wouldn't you agree that the above performance evaluation contains material that is of vital public interest to the students who attended the school in question, and, of course, to their parents, guardians, members of the community, the media, etc.?

I hope you will contact your colleagues at the Daily News, and at other newspapers, and see to it that the newspapers and publishers of New York State and New York City step forward to vehemently oppose the three "bad bills" which are currently in Albany that seek to exempt records of teacher evaluation from the Freedom of Information Law.

I'm aware that back in April, the Daily News came out pretty strongly for public access in the opinion piece, "Don't even think of a gag order for parents on teacher evaluations."

Here are the URLs of the bills:

Take a look at the following article from Education Week as reprinted in Betsy Combier's blog, NYC Rubber Room Reporter:


Take a look at the following North Dakota judicial decision which was referred to in the above article:


Take a look at the following Michigan judicial decision on the same topic:


Take a look at the following advisory opinion from the NYS Committee on Open Government:


It seems to me that the benefits of disclosure far outweigh the potential for "embarrassment" of named employees.

Finally, here is a little-known judicial decision, Blecher v. NYC Board of Education (NYLJ, 10/25/79), which I "rediscovered" in the 1980s, when I saw it summarized in the FOIL Case Summary of the NYS Committee on Open Government.  You may wish to research the case.