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Saturday, March 21, 2015

Retaliation is the Name of the Game

Teachers are being attacked in New York for any number of reasons, almost all of which make no sense. Whistleblowers are always retaliated against. Always!

But I am not saying not to blow the whistle on corruption and fraud, just have your bow and arrows ready for whatever comes next.

Update on Retaliation Against All Whistleblowers is The Name of the Illegal Game In New York City

Very Desperate Teacher Needs Help After Speaking Out About Special Education (2004)
Education Policy Becomes a Matter of National Security
New York City Teacher Theodore "Teddy" Smith and the Perfect Storm of Injustice

Alyce Barr, Principal From Hell At Brooklyn School For Collaborative Studies In Brooklyn, NY, Suspends Student After Parent Files A Complaint  
 
Booker T. Washington Middle School 54, Grievance Brings Retaliation (2003)
Betsy Combier

I-Team: Special Ed Teacher Says District Retaliated After Whistleblowing



An award-winning special education teacher has sued her Long Island school district, saying officials there retaliated against her after she spoke up for students who were not getting the help they are promised under law. 

Akosua Agyeman (pictured above) had been teaching in the Roosevelt School District for more than a decade when she became concerned that some of her students were not getting the extra services mandated by state law. This ranged from students whom she said were not being taught by trained special education teachers, to students who were not being given special test accommodations, like extra time of having instructions read aloud.

Agyeman brought her concerns to the state and the state vindicated her, finding that the district was violating policy and requiring them to change.

But Agyeman says the district retaliated against her for raising those concerns - bringing a false claim against her and making her work life so uncomfortable that she left and did not return.

“I don’t think that anybody would ever understand the extent of trying to do the right thing and becoming a target as the result,” Agyeman told the I-Team.

Officials at the Roosevelt Union Free School District said in a statement they cannot comment on the specifics of pending litigation. The district is confident that the allegations will be dismissed once the facts are presented in the appropriate forum, they said.

Stephen Kohn, the executive director of the National Whistleblowers Center in Washington, DC, said New York is rated one of the worst states in the nation for protecting whistleblowers. He said there is no uniform federal law protecting them.

“Textbook retaliation,” he said of Agyeman’s case. “They removed her when the investigators were coming in. Agyeman said she started out trying to go through protocols, raising her concerns with her direct supervisor. But when her concerns weren’t heeded, she didn’t feel she could let the issue drop. For one thing, extra help can mean the difference between a special education student’s success and failure.

For another, if a student is not receiving the help they are required to on a state exam, reporting the problem is required by law.

“It can totally totally change the students scores, how they fare in class, how they do academically, how they do socially. It’s completely against all of the laws and it totally goes against their rights,” Agyeman said.

Clara Gillens Eromosele, whose daughter was in Agyeman’s class for several years, said what Agyeman was fighting for matters. She said while she was very involved in her daughter’s education, many parents work full time, and depend on teachers like Agyeman to make sure their children are treated well.

The day after the state announced it would investigate Agyeman’s complaint, the special education teacher was reassigned to her home without pay.A certified letter from school officials indicated she was being investigated for files that went missing from her computer.

One week after her reassignment, a letter from the school cleared Agyeman to go back to work, but also reprimanded her for failing to comply with the school’s grading policy.

But Agyeman said she has not returned to the classroom. She feels the conflict has made her work environment too toxic for her to each effectively.

“I left on a Thursday," she said. "All my personal things are still in the classroom, and I never went back.” 
 
Published at 5:31 PM EDT on Mar 20, 2015




 

 

Chalkbeat States That All ATRs are "Subpar"

Chalkbeat has stopped trying to get both sides to a story. Shame on them!!

I have written about the use of the word "subpar" many times on this blog, and here it comes again:

What is the definition of a "subpar" (or "ineffective") teacher?

Who created these definitions?

And, no matter who defines what "subpar" means, the fact is that there is no Standard of Teacher performance that properly  defines the term, either.

Remember, there are no facts in observations. (Elentuck v Green). Even NYC DOE General Counsel Courtenaye Jackson-Chase adheres to this ruling. What you see is defined by your opinions and belief system.

This story by Chalkbeat below is so biased, it should be rebutted by all ATRs who ever entered that pool of teacher/educators/Guidance Counselors, etc. The spin is astounding, as if the news written in such a way will force the ATRs out of the system....wait! So THAT's why the article was written!! Truthfulness and fair reporting had nothing to do with it.

I see now.

Betsy Combier
Tweed DOE Headquarters

Most ATR teachers who left system since new contract took buyouts, retired

 
In his fight to fend off the education policy proposals being pushed by Gov. Andrew Cuomo, Mayor Bill de Blasio has said his administration is already cracking down on subpar teachers.
In particular, he has pointed to 290 or so teachers who have left the school system entirely between April 2014 and this February. They left the costly and controversial absent teacher reserve pool, and represent as many exits as the Bloomberg administration saw during the previous two years combined, city officials said.
“My administration is serious about teacher accountability,” de Blasio told state lawmakers last month while defending his plan for struggling schools. “We have moved 289 teachers out of the Absent Teacher Reserve – and out of the system – since April.”
 
New figures released Friday, along with documents obtained by Chalkbeat, offer new insight into why those teachers departed. They show that disciplinary processes, including new ones created by last year’s teacher contract, played a fairly small role, with only 21 of the teachers terminated after missing job interviews or for other reasons.
De Blasio has said recently that his administration prefers different strategies. Nearly 200 of those 289 teachers — who lost their permanent positions and couldn’t find new ones, but remained on the city’s payroll as substitutes — took buyouts last summer or retired this school year. Another 18 resigned, and 53 agreed to leave while facing charges of misconduct or incompetence.
In addition, no teachers had faced charges under a new, expedited termination process as of December 2014, according to a department document obtained by Chalkbeat. (That process requires a teacher to have logged formal complaints from two separate principals, something that could be unlikely to happen in the first months of the school year.)
The new figures brought renewed calls from advocates of Cuomo’s plans to change to state law that sets out the procedures for teacher termination.
“Instead of being part of the solution, this administration has thrown its hands up and resigned itself to working around a broken system,” said Jenny Sedlis, executive director of StudentsFirstNY.
But the absent teacher reserve has shrunk under de Blasio, in part because he did not close any schools last year. Under former Mayor Michael Bloomberg, the pool ballooned with teachers excessed from closing schools, costing the city an estimated $105 million in 2013.
City officials says the pool had about 1,000 teachers this February. More than 500 teachers were hired for full-time positions in the fall, according to the department document, and the pool had 280 fewer members at the start of this school year than last.
Now, the de Blasio administration is facing the same complicated process of removing the pool’s longtime members that has frustrated city leaders for years.
Testimony given in 2013 by Lawrence Becker, the department’s CEO of human resources, illustrates some the challenges. More than 300 teachers in the pool then had incompetence or misconduct charges against them substantiated, but were not allowed to be terminated. More than 200 had recently received an unsatisfactory rating, and more than 150 were licensed to teach “esoteric” subjects, making them difficult to place in schools. Formal disciplinary proceedings can last months and sometimes years.
On Thursday, de Blasio said that the best way to get around those problems is by avoiding formal procedures altogether. Instead, principals and department officials should focus on counseling subpar teachers to leave on their own, a strategy that Chancellor Carmen Fariña told Capital gives them an “opportunity to leave gracefully.” Some of the recent retirements and resignations were likely the result of that kind of strategic pressure, officials said.
“If you can counsel someone out voluntarily, skip all that process — ‘You don’t belong here anymore, you’re a good human being but you don’t belong here anymore, you’re not into it, you’re burned out, you can’t do what we need you to do in this day and age,’ whatever it is — if that person goes along willingly, that is the most efficient way to resolve the problem,” de Blasio said.
United Federation of Teachers President Michael Mulgrew, a close ally of de Blasio’s, has also acknowledged that the process for matching excessed teachers to schools that need them still needs work.
“The entire ATR process was so mismanaged by the Bloomberg administration that it will take years to sort out,” Mulgrew said.
Carmen Farina

The Fariña method of purging bad teachers

Carmen Fariña has been talking a lot about bad teachers recently.
The schools chancellor, who defined her first year on the job as a mission to restore “joy” and “respect” to the classroom, has, of late, been encouraging hundreds of city principals to identify and get rid of their weakest teachers.
“The teachers who are not up to the job, you’ve got to get them out the door,” Fariña said to a large group of high school principals at a conference in late February.
“Who are the teachers, if you had this wonderful grandchild, you would not want to see your grandchild in that teachers’ classroom,” Fariña told an audience of elementary school principals a few days earlier.
In an interview with Capital last week, Fariña said asking principals to weed out their weakest teachers has been her “first statement when I get into any school visit. ... I repeat it over and over again."
Removing ineffective teachers has been one of the Department of Education’s most intractable problems, and decades of mayors and chancellors have advanced their own reforms on how to get it done with the looming presence of the United Federation of Teachers.
Fariña has repeatedly said she believes new provisions in the U.F.T. contract will help get weak teachers out of the classroom, including moving teachers out of the Absent Teacher Reserve (A.T.R.), a controversial pool of teachers who have been removed from the classroom but remain on the payroll. Separately, the U.F.T. contract includes a new definition of sexual misconduct aimed at getting potentially dangerous teachers fired.
She’s also repeatedly reminded principals that teachers with two “ineffective” ratings can be removed from teaching more quickly.
But she’s also been promoting her own tried and true method for getting rid of bad teachers—relentless monitoring of problem teachers and rounds of conversations convincing teachers they are in the wrong profession. The desired result is settling on inventive alternatives for teachers willing to be cajoled, or forcing out the ones who aren't.
"There is an opportunity to leave gracefully or not so gracefully," Fariña told Capital. 
According to Fariña, and to well-documented Upper East folklore, that method was effective at P.S. 6, the Manhattan school Fariña ran in the 1990s, which has long been considered one of the city’s best public schools.
Now, she’s telling principals it can work for the city’s roughly 1,799 other public schools, too.
“I had three teachers who I went for total removal with,” Fariña told Capital of her tenure at P.S. 6.
She rattled off examples of other teachers for whom she found creative solutions.
She managed to get a six-month suspension for one of her weakest teachers, she remembered, and then won another suspension with a series of letters about the teacher’s performance.
“Then I got her out of the system,” Fariña said.
Another problem teacher struggled with every subject except for science, so Fariña secured her a job as a science teacher at a middle school. And still another teacher was good with children but not moving the needle for them academically, so Fariña convinced her to retire, then hired her back to work two days a week.
Asked to describe the Fariña method for pushing out bad teachers, the chancellor said, “It means you, as an administrator, have to be in that teachers’ classroom on a regular basis, keeping records, taking notes.”
Fariña has appointed a D.O.E. official whose primary role is instructing principals on how to properly write letters about certain teachers to keep in their files.
“I don’t think most ineffective teachers want to fail,” Fariña said, adding that principals should try “being blunt with them and saying ‘we don’t think this is your career.’”
Fariña has brought her P.S. 6 tips and tricks to the chancellorship, picking out struggling teachers during her frequent school visits and advising her principals on how to remove them.
Referencing a recent school visit, Fariña said, “I literally told the principal, ‘I will be back at the end of April, and so-and-so better not be here.’”
Another principal invited Fariña back to her school to show that a teacher Fariña was worried about had recently resigned.
But Fariña’s critics have said that despite her rhetoric, the chancellor has not done enough to ensure that ineffective and dangerous teachers are removed quickly.
"If chancellor Fariña and Mayor de Blasio are serious about getting bad teachers out of city classrooms, there is a simple solution: support Governor [Andrew] Cuomo's proposed education reforms,” Jenny Sedlis, executive director of the group StudentsFirst, one of the administration’s most frequent critics, said in a statement on Monday. “Instead they are bowing to special interest pressures, which is why they need to use empty rhetoric instead of taking real action."
Cuomo has proposed an expedited process for 3020-a cases, the legal forums for teachers accused of ineffectiveness or misconduct to plead their side. The governor has called the 3020-a process "broken." In some instances, a single case can drag on for years and cost tens of thousands of dollars. Of the three teachers she had to force out of the profession, Fariña admitted, “that took a lot of time.”
The new U.F.T. contract does not contain any substantive changes to the 3020-a process. 
Reform and pro-charter groups have accused the administration of being too accommodating of the U.F.T.; Fariña insisted the union was not interfering with her plans for firing ineffective teachers. “We have worked very collaboratively with the U.F.T.,” she said, adding, “If I’m getting pushback from the U.F.T. [on individual teachers] I or someone on my team is going to get involved.”
“We know that our relationship is partners when necessary, adversaries when necessary,” she said of the union.
At the three recent conferences, Fariña plied principals with some creative ways of moving weak teachers into new roles. “For those of you who are at large middle schools, consider giving up a full-time teaching position, and get a part-time reading specialist or specialist on organizational skills,” she said.
Fariña asked principals to play to teachers’ strengths, and suggested one way to get inventive with U.F.T. work rules. “Teachers have to work six hours and twenty minutes, but no one says what those hours have to be,” she told the middle school principals. “If you have teachers that are particularly good at helping struggling kids, having some of them come in earlier for the kids start their school day and having them leave earlier is perfectly okay.” Fariña added that she had five teachers use flexible scheduling at P.S. 6.
But she has been blunt about the end goal. Speaking before elementary school principals in February, she said, “we’re working very hard to make sure that two “ineffectives” in a row move teachers in a different direction. But it's your paperwork that’s going to make that happen, because you don’t want to say five years from now ‘I wish I had done that then.’”

Kids Publish Their Stories in StoryMonsters Ink

Kids Can Publish University
Re-posted from Parentadvocates.org
 
Kids Can Publish Has Joined StoryMonsters Ink

LINK

Getting published in a national magazine just got a lot easier for kids! Children in kindergarten through 12th grade who love to write—and teachers who would like their students to embrace the written word—are now able to submit their writing samples to Kids Can Publish to be considered for publication in the nationally circulated StoryMonsters Ink magazine. The magazine recently joined together with Kids Can Publish, a division of Five Star Publications, Inc., to help broaden its audience.
          
Kids Can Publish Has Joined StoryMonsters Ink!

Getting published in a national magazine just got a lot easier for kids! Children in kindergarten through 12th grade who love to write—and teachers who would like their students to embrace the written word—are now able to submit their writing samples to Kids Can Publish to be considered for publication in the nationally circulated StoryMonsters Ink magazine. The magazine recently joined together with Kids Can Publish, a division of Five Star Publications, Inc., to help broaden its audience.

“Partnering the two divisions together makes sense,” says Linda F. Radke, president of Five Star Publications, Inc. “Their objectives complement each other so well, and I think it is important to give young writers—our future generation of authors—a place to have a voice. What better way to do that than to give them an opportunity to participate in the publication of a national magazine?”

Teachers and parents can now submit their students' written works, such as poems, articles, stories, book reviews, etc. to Kids Can Publish/StoryMonsters Ink for print consideration. A completed permission form signed by a parent or guardian must accompany submissions. To download a permission form and for instructions on how to submit work, visit www.StoryMonstersInk.com.

Win a Copy of StoryMonsters Ink for Each Student in Your Classroom!


StoryMonsters Ink is now holding a monthly drawing through its Facebook page where teachers can enter to win a printed copy of the magazine for each student in their classroom! Visit the Facebook page and add your school name and grade level in the comments below the teacher announcement post. The names will be added to a drawing and on April 18, we will pick a winner! Don't forget to "like" us!

Wednesday, March 18, 2015

Francesco Portelos Files a PERB Complaint Against the UFT For three Years of Mis-Representation

Francesco has done what all individuals should do if they feel that they have been misrepresented by their UFT Representatives - file a PERB complaint.

See the post below.

By the way, if you are in, or have gone to, a 3020-a arbitration, and feel strongly that an Attorney has done something unethical, improper, or in violation of his/her attorney/client privilege, file a complaint with the Departmental Discipline Committee, NYC Bar Association, and the Committee on Professional Discipline..

You can, of course, do the 3020-a arbitration yourself "pro se", or with an assistant.

And, if an Arbitrator has, in your opinion, violated his/her mandate to be neutral, respectful, and fair, file a complaint with the  NAA.

Here is the person in charge of the National Academy of Arbitrators Complaints against an Arbitrator:

Paula Knopf Arbitrations Ltd.
4 Biggar Avenue Toronto,
Ontario Canada M6H 2N4
fax: 416-652-1516
If you want to file a complaint against an Arbitrator on the NYC 3020-a Arbitration panel who is not a member of the NAA, but is a member of the American Arbitration Association , the AAA will not take your complaint because, they say, there is a separate contract for Arbitrators who work in NYC, with the DOE.
Do I have to go into how dangerous this is?
FOIL your arbitrator's contract!!

Hold everyone who harms another person, accountable for their actions.

Betsy Combier

Portelos v UFT Leadership – Three Years

of Misrepresentation

They say “Choose your battles wisely.
I say “Leave no necessary battle unfought!
For three years my career has been under attack. My name and my reputation smeared. Those who know my story know the fight I have fought against a very corrupt system. However, even if you have read ever single character I have placed on this site, Facebook and Twitter, you still would not know everything. Especially not the fighting behind the scenes. I don’t mean just with my employer, the New York City Department of Education, but my union representatives.
Since I started teaching in 2007 I have been a member of the United Federation of Teachers  (UFT) union. I have paid a monthly fee for being a member. Do you know what else I have been paying for monthly? Roadside assistance.
In both cases I spent most of my time not needing to call either. I still paid both regardless. However, when I did have trouble with my car, I made a single call to AAA Roadside Service, and I received immediate…wait for it…assistance! I wish I could say the same for when I reached out to the UFT.
That…that right there is the difference between my union and roadside assistance. Pay either way, but one helped and the other did not.
A week ago I wrote something vague on social media about launching a “long overdue missile at 52 and it was not 52 Chambers Street” (DOE Headquarters). It was actually at 52 Broadway (UFT Headquarters).
[Disclaimer: I did not, nor do I intend to, launch any real ballistic type missiles or any such explosive or damaging weaponry. There is no need to falsely arrest me again for blogging. Once is enough. It’s a figure of speech. ]
Many UFT members do not know that if you feel retaliated against because of your union activity (grievances, chapter leader/delegate positions, asking for curriculum etc) you can file a complaint with the NYS Public Employee Relations Board (PERB). It’s free and you can find out how to file here: http://solidaritycaucus.org/how-to-file-a-perb-complaint-for-union-activity-protection/
Many members also do not know that under the Taylor law, the employee organization (union) has an obligation to fairly represent its members. Should they fail to do so, and/or act in bad faith, members can also take the union to PERB. One needs to go no further than my inbox, or this link, to see that our union needs to, nay MUST, be stronger. http://solidaritycaucus.org/repreview/
Below is my very detailed, and well documented, case against those who are paid to represent us and unfortunately do not. I dare anyone, from supporter to foe, friend or colleague, on or off the UFT payroll, or otherwise, to read these pages and tell me that I should not have engaged in this complaint. I actually believe I should have done it sooner. Based on the reactions from the many members who have already read this already, many will be following suit.
Note: This is not an attack on the UFT, nor the notion of a union. I’m a strong believer of unions and their place in defending the working class. This country was built on the labor of countless. They need protection, not corruption. Thank you to the many union representatives who work hard and do defend their members.
Francesco Portelo

NYC DOE Senior Counsel and Investigations

If you are charged with corporal punishment or verbal abuse, use the information below to prove/disprove what the investigator on your case did wrong, and hopefully you will win your case.

Betsy Combier

Available at: NYC DOE Senior Counsel

Senior Field Counsel

Each Children First Network (CFN) has a designated senior attorney and a paralegal to provide legal support to network and cluster staffs, as well as to school leadership throughout the borough.

The Senior Field Counsel provide direct assistance to administrators and school leadership in resolving matters with legal implications. The attorneys also provide guidance in interpreting and implementing the Chancellor’s Regulations.

Senior Field Counsel can provide legal guidance in many areas, including:
  • Labor and Employment law, including employee discipline
  • student safety and health
  • student discipline
  • school policies, including religious accommodations, dress codes, school trips, school security, student health, etc.
  • facilities issues
  • other school-based legal issues as needed
  • assist with responses to litigation, human rights investigations, student discipline matters and other legal matters


The Senior Field Counsel also provide regular trainings to school leadership on a variety of legal issues. Specific trainings can be requested through your Senior Field Counsel.


School Based Investigation LinksCorporal Punishment Reporting Form
A-420: Pupil Behavior and Discipline - Corporal Punishment
A-421: Verbal Abuse


School Based Investigation Checklist
Instructions for Investigating School Based Complaints
48 Hour Notice
Waiver of Union Representation
Waiver of 48 Hour Notice
Privacy Acknowledgement