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Sunday, July 19, 2020

Teacher Arthur Goldstein: Why the NYC Mayor's Reopening Plan Fails

It's essential to children and teenagers to interact with both peers and authority figures, but not at the expense of people's lives. (Photo credit: Stephan Jeremiah)
Arthur is absolutely correct in his opinion about Mayor Bill de Blasio's plan for reopening schools. He says that "The mayor’s plan is a mess". I think he is right.

Ideally, the best scenario would be for all children to return to their classes and interact personally with teachers and friends. This cannot happen safely now or in September. It is unfortunate that adequate planning has not been done to provide effective remote learning programs, despite excellent teachers' best efforts. 

Online curricula, attendance data, and grading/assessments are confusing, useless, or not applied. We don't know how many students are actually doing any work and we don't have accurate numbers of teachers who are doing live teaching. Let's give teachers a chance to learn the latest techniques for on-line teaching, and let's honor their concerns about the health and safety of students, staff, and themselves. The lives of teachers, staff, and students must take precedence over any other concerns.

If you work for the NYC DOE and you are interested in applying for accommodations and or remote teaching, go to these links:


Info on working remotely (to avoid Covid 19). 

https://doehrconnect.custhelp.com/app/answers/detail/a_id/7163#Work%20from%20Home%20and%20Alternative%20Work%20Schedules%20Standard%20Operating%20Procedures 
And reasonable accommodation:


I think that all full-time general education teachers should refuse to go into a classroom until all safety measures are clearly in place. Strict guidelines for the safety and welfare of guidance counselors, therapists, and special education staff and educators at all levels should be put into place so that children who need these services get them. 

These actions can all be placed into the category of "accommodation" which is now and has been in recent times, falsified, not complied with, or delayed in many schools throughout New York City. Let's put a stop to fudging the books to look good.

A basic problem is that there is no effective leadership, and I emphasize the word "effective". Mayoral control guarantees this, as Bill de Blasio has shown all too well.The NYC Department of Education right now is a disaster, both in terms of financial as well as employee accountability. Student violence is rampant, and personnel decisions are made on the basis of who you know rather than merit, and yes, what race you are. 

I work in the area of educator discipline, and I know how unfair, political, arbitrary and capricious the process for discontinuing and/or terminating tenured or untenured educators really is, and I write about it because I do not work for the DOE.

Richard Carranza was chosen for political reasons, not because he was or is a magic bullet to erase the inequalities within the public school system in New York City. He is way out of his league here, as is our Mayor.

Step number one for providing "effective" management in times of COVID-19 is the re-design of the supply chain/allocation of money and resources. For instance, student funding is based on "seat time", i.e., the actual bodies filling chairs in each classroom. This needs to be reviewed and changed to fit the present circumstances. 

We also need to get rid of excessive administrators whose responsibilities are duplicative of others at the same level and create two new positions at the top of the DOE:


1. A business analyst whose responsibilities include: removing fraudulent spending; re-designing school budgets so that unnecessary expenditures are put into essential service provision or discarded, and setting a clear path for cost-effective management of the $34 Billion dollars handed over to the NYC DOE every year. 

2. An education planner who refuses to buy into the cancel culture left- or right-wing anything, and for the first time in memory puts kids first with valid policies for learning that allows all children, from all across the special needs spectrum  including gifted and talented as well as 2e children what they need to achieve their personal bests. People so visibly on one side of the political spectrum need not apply. Politics does not belong in education that is color- gender- and age blind. Diane Ravitch - we value your service, but we need people who are not so narrow-minded in helping children that they don't value ideas contrary to yours.

Both new people and their recruits should be given the right to investigate, manage, and implement programs and guidelines appropriate to establish the business side of the NYC DOE as a well-run entity for decades to come. These Directors or co-chancellors (or whatever their titles) must be held accountable to the public by monthly online summaries with details on  everything they are doing, and this transparency must be the desired goal for all parties in the mix.

Use the NYC DOE money to hire a full-time accountability wizard whose sole job is to find accurate data for public view in a timely fashion. Give this person immunity for whistleblowing, unless he/she falsifies records intentionally. Establish personnel safeguards so that no one can be fired because of personal jealousy, individual dislike, or any other improper probable cause.

New people and their recruits should be given the right to investigate, manage, and implement programs and guidelines appropriate for the implementation of the business side of the NYC DOE. These Directors or co-chancellors (or whatever their titles) must be held accountable to the public by monthly online summaries of everything they are doing, and this transparency must be the desired goal for all parties in the mix. Use the NYC DOE money to hire a full-time accountability wizard whose sole job is to find accurate data for public view in a timely fashion. Give this person immunity for whistleblowing, unless he/she falsifies records intentionally. Establish personnel safeguards so that no one can be fired because of personal jealousy, individual dislike, or any other improper probable cause.

Most important is putting in place new consequences for proven non-compliance. Anyone, at any level, who does not comply with agreed-upon statutes and guidelines is punished except in exceptional circumstances. As the public wants the punishment equal to the crime, mediate outcomes with a panel of people, not just one person. This panel must give a decision within a limited time-frame, 30-60 days.

Arthur - you say that it would be "inconvenient" if you got sick and died from COVID-19. Here's where I differ with you, it would be a catastrophe. A single death from this horrible disease is a disaster. Keep doing what you are doing, we need to hear from you.

Stay well. 

Betsy Combier
betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog
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 



Students attending large, overcrowded schools like Francis Lewis HS (above), may only be able to meet in classrooms once a week — which is insufficient for their education.NY Post/Chad Rachman
Why de Blasio’s school reopening plan fails students and teachers alike
by Arthur Goldstein, NY POST July 18, 2020

Many people argue it’s important for the social and emotional well-being of our students to be in school. That’s not even debatable. It’s essential for children and teenagers to interact with both peers and authority figures. They must practice skills to navigate our world.
It’s curious, then, that Mayor de Blasio’s reopening plan accomplishes none of the above.
Depending on how crowded schools are, most students will come to classes once every two or three days to allow for social distancing. At large, overcrowded schools like mine, they might come as little as once a week. They will sit far apart from one another. They won’t be able to interact with teachers or each other the way they usually did. It would become our sad duty to enforce not only physical separation, but masking as well. It’s hard to understand how we help students when we can’t even look at their work — let alone their faces.
The Department of Education offers an option for students to learn remotely full-time, and if my kid were still attending, I’d keep her home. The mayor’s plan is a mess, and he hasn’t considered some very important factors.
The worst thing about the plan is it utterly ignores students who aren’t in attendance. While I teach nine or ten students at a time in the building, what will my other 25 students be doing? If I repeat the same lesson for each group in the building, I won’t have time to cover even half the curriculum. With budget cuts, the city can’t afford to hire more teachers to do online what we do in class. To me, that doesn’t scream “equity and excellence” — the mayor’s mantra.
I remember the city’s miserable and inept approach to containing COVID-19 last March. I therefore have applied to teach solely online in September. At my age, 64, it would be inconvenient to get sick and die from COVID. Unsurprisingly, many younger teachers feel the same. They send me, their chapter leader, e-mails suggesting it would be just as terrible for them, their children, and their elderly parents and grandparents. This should come as no surprise to the mayor. Otherwise, why did he offer families the opportunity to opt children out of learning in buildings?
There are things worth fighting for, and things worth dying for. A barely thought-out, outlandishly stupid system that serves no one well is simply not one of them. If the mayor and chancellor were really concerned about giving students the best experience possible, they wouldn’t ask them to risk their lives and those of their families for no good reason.
Remote learning is far from ideal. It falls short of the rich experience real classroom learning provides. Still, it’s a whole lot better than what the mayor envisions. And there are some simple ways to substantially improve it:
Do real classes online. Have students show their faces instead of hiding behind avatars. Every teacher knows students who came to Zoom classes and never answered a question because they were sleeping, playing video games, or otherwise occupied. And let’s make attendance (not just checking in) and class participation requirements.
Give teachers real training instead of wishing them luck and hoping for the best. Online, we can speak to all our students at once. We can break them into groups. We can see their work in a program like Google Classroom, and comment on it live. We can watch them take tests, rather than simply hoping their smart girlfriends aren’t doing the work for them.
Use school buildings for real social and emotional needs. Let a limited number of students in to see counselors, nurses, doctors and social workers. Let them socialize safely, which they could not do in class. If technology or home conditions are difficult, let’s give students and teachers safe, quiet space in buildings to work online.

Chancellor Richard Carranza repeatedly says, “We’re building the plane as we fly it.” Let’s drop this slapdash approach and wait until it’s safe for all of us to go back to what we know and love. Premature returns to school have backfired in IsraelHong KongBeijing, and South Korea, where COVID-19 made comebacks. Following in their footsteps is a bad idea for New York.
Arthur Goldstein teaches English as a new language at Francis Lewis HS.

Thursday, July 16, 2020

Parent Activist Patrick Donohue Sues the NYC Department of Education For Neglecting Special Needs Kids During COVID-19

Patrick Donohue (Credit: Brigitte Stelzer)
Parents were furious with the NYC DOE way before the pandemic created a firestorm for special needs kids.

And this extreme frustration occurs nationwide.

Children with special needs must have supporting services and providers, often for every minute of the school day. The providers of these services - i.e. occupational and/or physical therapy, ABA, TEACCH, 1:1 paraprofessional, etc. - cannot and have not been effectively used or provided for the past 5 months (and decades), in schools throughout America. Often it is only after the parent(s) have spent every penny they have with paying for lawyers or tuitions for private schools, that the mandated services are given.

As a parent advocate who does Impartial Hearings, IEP review meetings, and anything else that  I need to do to get a child all the services and resources needed, I know what a culture of lies the NYC DOE promotes in order to not have to pay for the support these kids are mandated by law (U.S. Department of Education’s Individuals with Disabilities Education Act, "IDEA") to receive.

During COVID-19 there have been severe shortages of providers and thus service implementation of programs and resources to these kids.

Mr. Donohue is right to make a Big Thing about this.


If you believe you have a claim, see below for contact information:


National Class Action lawsuit to force the schools to reopen and provide services to students with special needs as well as compensate the parents for them doing the job of the school districts for the past five months (and the students getting compensatory services to make up for their missed services).

There are over 200 families that have already signed up from more than 20 states (and it is growing by the hour). Families can either go directly to the website to enroll: www.BrainInjuryRights.org or call the toll-free hotline: 888-927-4332 (888-927-IDEA).
 

or,

Alicia Alba <alicia@pabilaw.org>

3:20 PM (48 minutes ago)
to me
Hi Betsy,

I am the parent coordinator for the class action lawsuit.  We are currently still accepting eligible children (any child with a disability/IEP).  If you would like to take part or would like to share the information with your advocacy groups, you can find our online form at: 
For the direct link to the online form you can use this link:

If you have any questions, please let me know.

With Kind Regards,
Alicia



Alicia Alba | Program Associate
300 East 95th Street, Suite #130
New York, New York 10128
Tel. 646.850.5035 | Cell 917.545.5055
Betsy Combier
betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog
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 


Lawsuit rips schools for abandoning special needs kids amid COVID-19 pandemic
Selim Algar, NY POST, July 16, 2020

School districts across the country have abandoned special education kids amid the coronavirus crisis, according to a class action Manhattan federal lawsuit slated to be filed Friday.
The case argues that districts ignored federal law by failing to provide legally mandated services to kids who suffer from mental and physical deficits after the closure of schools in March.
“These school districts violated the rights of 6.7 million students across the country by altering their educational programs,” said parent and activist Patrick Donohue. “They put the burden on parents to do the job of these school districts.”
The case names Mayor Bill de Blasio, Schools Chancellor Richard Carranza, and districts across the country as defendants.
Backers of the suit will release radio ads in New York to draw attention to the ongoing plight of special education parents.
Two hundred families in 10 states have signed on as plaintiffs so far, arguing that remote learning models have been inadequate for special education kids who often require one on one assistance.
“These programs are federally protected,” Donohue said.
The case is demanding the resumption of full-time in-person special education for impacted kids, fresh evaluations for badly regressed children, compensation for parental expenses incurred during remote learning, and funding for additional staff.
If programs don’t fully resume, the case is pushing for districts to give parents a “blank check” to provide adequate independent services for their children.
“The districts have totally abandoned these families,” said Donohue, who has a disabled teen daughter and has frequently warred with the DOE over her education.
He noted that the city furnished learning centers for the children of emergency workers during the prior school year but made no similar accommodation for special education students.
“There are horror stories from across the country,” Donohue said, highlighting a mother with two autistic kids who was forced to quit her job in order to take care of her kids after in-person services were suspended.
He also ripped remote learning for disabled kids as wholly ineffective.
“In many cases, the local school districts failed to even provide live synchronous service to these students while they were home,” he said.  “Instead, the responsibility for ‘remote learning’ landed squarely on the shoulders of parents across America.”
A DOE spokeswoman said the department prioritized health concerns when it shuttered schools and was compelled to move to remote learning.
“We quickly moved to remote learning, including special education services in order to provide students with disabilities with continuity of services during the pandemic,” said Danielle Filson. “This summer, we are offering in-person related services for our students with disabilities. We are acting in the best interests of our students while following health guidance and will review the lawsuit.”

Tuesday, July 14, 2020

I’m a class scheduler in NYC. Here’s what I need to know to do my job.

Stephen Lazar


First PersonFirst Person is where Chalkbeat features personal essays by educators, students, parents, and others trying to improve public education.


I have been the scheduler at my small New York City public high school for the past five years. This means I create the schedule of when and where classes meet and teachers teach, and I assign students to all of their various class periods.
Scheduling is often a thankless job that takes me away from the work I love most, teaching students. But there is satisfaction in getting all the pieces of the scheduling puzzle to all fit together just right. And there are a lot of pieces. There will be even more this fall — particularly given that different classrooms will be able to safely hold different maximum numbers of students.
Last fall, for each of the 437 students at our school, I needed to make sure that they are taking the classes they need to graduate, try to give them electives of their choice, and consider any required special education or English language support. I need to make sure each class has the right number of students and that our team-taught special education classes, which are 50% of our core classes, have no more than 12 students with special education needs and that those students make up no more than 40% of the total students. (Yes, there are computers involved in this process.)
Now, to reopen schools, the most pressing question we need to answer is how we will do this safely. The second most pressing question for working parents citywide, including many teachers, is what they will do for child care on the days their children are not in school. My City Council representative, Brad Lander, recently offered some thoughtful suggestions to help resolve this challenge. These questions need to be answered, but we do not need answers to them in order to start making schedules for the fall.
For families to make informed decisions about whether to send their students for in-person instruction in September, schools need to be able to give them a sense of our plans and we still cannot do this with the information that the city’s education department issued last week. For meaningful planning to begin, schools need the following four sets of questions answered:
What will happen with teachers who cannot safely work in person? As many as 20% of the teaching force could fall into this category. If our 12th grade English teacher cannot work in person, do we have to do 12th grade English entirely remotely? Or will we need a new teacher to teach 12th grade English in person? If we need a new teacher, what will the current teacher do and do they still work at our school?
How will we provide both in-person and remote instruction every day? Regardless of whether we have two or three in-person cohorts, on any given day, we’ll need 100% of teacher capacity to teach the students who are in the building. Who will provide instruction and support for the students not there and for the fully remote cohort? A solution to this problem would be to shorten the school day for in-person instruction, giving time in the afternoon to support remote learning. Will we be allowed to do this?
How do we account for special education mandates? Will the requirement to have no more than 40% of students who require special education services in a single class still exist if we can only safely have 12 students in a classroom? Will students who get push-in or pull-out supports all have to be scheduled on the same day to optimize teachers’ time in providing services?
Finally, if parents can opt into in-person instruction on a quarterly basis, does that mean that we might have to reschedule all our students each quarter? Let’s say my school can safely accommodate 200 of our 437 students at a time and that 50 students opt for fully remote learning. We could then begin the school year with two in-person cohorts. But if 14 of those students decide to come back in November, we would then need to shift to a three-cohort model. If this is the case, maybe we should start with the three-cohort model just in case, even though that means students get fewer days in school?
Scheduling takes immense time, consideration, and care. Before teachers can know what they will teach in the fall and begin the far more challenging and daunting task of preparing to teach for our new hybrid reality, we will need answers to these questions. When it comes to schedules, there are always a lot of moving parts; this year, amid the pandemic, the variables are overwhelming.
Stephen Lazar teaches students social studies and English at Harvest Collegiate High School in Manhattan. He has taught in New York City for 14 years. He is also a Ph.D. candidate in history at the CUNY Graduate Center.

Thursday, July 9, 2020

Email Addresses For the NYC Department of Education During COVID-19




From the NYC Department of Education:


Temporary Closure of 65 Court Street Walk-in Center
The health and safety of all of our employees and partners is our first priority. To keep everyone safe as the COVID-19/coronavirus situation continues to develop, we are closing the 65 Court Street walk-in center for the time being. We ask all visitors to 65 Court Street to virtually contact our offices so that we can help you as quickly and effectively as possible. Please see the details on how to reach us below.
If you need to:
Get fingerprinted: Please email OPIINFO@schools.nyc.gov
Verify your I-9: please email HRConnect@schools.nyc.gov
More Information for:
Current DOE Employees:
Use the HR Connect Web Portal (Open external link)to find answers to human resources-related questions, including:
Benefits
Leaves of absence
Certification
Payroll
Personal and tax data changes
New Employees:
Please visit the New Employee section of the DOE InfoHub for information about completing the steps to begin work with the DOE, including:
Accessing the Applicant Gateway
Fingerprinting and I-9s,
Background and certification checks
Former Employees:
Please visit the Former Employees section of the InfoHub for information about:
Unemployment insurance
Claim, determination, and hearing procedures
Separation-related payroll forms
Transitioning to retirement
DOE retirement systems
Contacting Individual Offices:
For questions you are unable to resolve using the channels on the front of this page, you can reach out to individual DOE offices below:
HR Connect (for inquiries re: leaves, benefits, & general HR questions): HRConnect@schools.nyc.gov
Board of Education Retirement System (BERS): Brespon@bers.nyc.gov
Office of Appeals and Reviews: jrabot@schools.nyc.gov
     718-935-2991; fax: 718-935-2983
     Joanne Rabot, Deputy Director
Office of the Auditor General (OAG):
General inquiries: audit@schools.nyc.gov
Custodial inquiries: SNEUM@schools.nyc.gov

Civil Service Management Unit:
If you received a Civil Service List Notice of Hiring Pool and have questions, you may contact civilservicelistresponse@schools.nyc.gov
Office of Equal Opportunity (OEO) https://www.nycenet.edu/oeo(Open external link)

Office of Field & Information Services (OFIS):
Salary Services: 
Certification/Licensing: 
Other OFIS inquiries: OFIS@schools.nyc.gov
Division of Financial Operations:
Payroll Check Management Unit: Call (718) 935-2219
Office of Accounts Payables: accountspayables@schools.nyc.gov
Office of Non-Public School Payables (NPSP):

Office of HR School Support:
Full-time paraprofessionals: 
Paraprofessional Milestone for Certification: Para_Milestones@schools.nyc.gov
DASA workshop information: DASA_Workshop@schools.nyc.gov
Substitute Disciplinary Unit: SubstituteDisciplinaryUnit@schools.nyc.gov
Office of Personnel Investigation (OPI): OPIINFO@schools.nyc.gov
Office of Special Investigation (OSI):
Complaints: 

Substitutes:
General SubCentral inquiries: 
Substitute Teacher Applicants: substituteteacherjobs@schools.nyc.gov
Sub Paraprofessional Applicants: 

If you are unsure which office can address your question, please email OPIINFO@schools.nyc.gov.
If you are a DOE employee and you have specific questions about COVID-related issues, please email COVIDTIMEKEEPING@schools.nyc.gov.


Sunday, July 5, 2020

Dear Mayor Bill: Do NOT Transfer School Safety Agents To the NYC Department of Education


Teamsters Local 237 President Greg Floyd
On the issue of transferring the oversight and funding for school safety agents from the NY Police Department to the NYC Department of Education, 

We must not let this happen.

Why am I saying this?

I have experience as the mom to four children, all of whom graduated from the NYC Department of Education. For 9 years I was a volunteer advocate, helping parents with Superintendent Suspension Hearings and Impartial Hearings (which I still do). I've been a parent advocate for 22 years, assist educators charged with 3020-a for 17 years, and every day I research cases filed in state and federal courts as well as NYSED that have been important to any constituent since the mid-late 1990s.

Veronica Nesmith, far left, with Greg Floyd and Sharon Jefferson.
Local 237 Newsline, 2009
Now as a teacher/parent advocate, I speak with SSAs all the time. I can say that most SSAs are caring professionals who want children to be safe. By the way, most are Black and brown women. When I was PTA President as well as a parent at MS 54 on the Upper West Side of Manhattan, SSA Veronica "Ronnie" Nesmith was a friend, colleague, and just an awesome partner in keeping all the students in line. Love you, Ronnie!! Her picture is posted above.

Since the MS 54 Principal (Larry Lynch) could not discipline, fire or harm Ronnie who was under the NYPD, she helped guide me and gave me information about the principal's theft and fraud which enabled me to investigate and then get back to the PTA a stolen check for more than $13,000 that we had raised at a fundraiser. Larry told us that he had given the money to District 3 Superintendent Pat Romandetto. 

I have posted the fraudulent acts of the DOE for many years on my blogs and websites, hoping to fix the Department VIPs' malicious intent of hiding facts to protect the money. I call this issue a matter of national security, and wrote that article in 2004, calling the NYC DOE the "Tweed Pentagon"

In 2005 I wrote:
 Corruption and Secrecy in the Politico-Educational Complex is a Costly Combination

I also scanned in, for the first time online, the reports on the DOE titled "The Gill Commission" and the second report, "Investigating the Investigators" which informed the public of the wrong-doing inside the NYC DOE. Everyone should read these two studies in corruption. After these reports, James Gill was instrumental in establishing the new Department of Investigation and the new position of "Special Commissioner of Investigation" which was supposed to be independent of the NYC DOE. However, after the death of its' first Commissioner, Edward Stancik in 2002 the independence went out the window. SCI agents are paid by the NYC DOE and their so-called "investigations" are not at all fair or unbiased. Their goal, it seems to me, is to make sure that all complainers become the guilty party in order for the NYC DOE to protect itself from whistleblowers. A look at their 2019 budget gives any reader concern for the lack of proper oversight. My source, formerly inside SCI, tells me work is drastically underfunded, and investigations extremely mismanaged.

School safety is an issue that is at the top of every parent's list of important concerns when his or her child walks into a school building every morning. Parents must have some degree of trust to say goodbye at the door of a building, knowing that their children will be under the care and supervision of strangers, or people with whom they have had little personal contact. If parents do not feel that their child or children are safe in their schools, then public education fails. No one will send their children to a public institution of any kind if they do not believe that the school personnel will protect them while they are inside.

Thus School Safety Agents ("SSAs") must be trustworthy and they must take their responsibilities for the health, safety, and welfare of the students in their building seriously. These agents are members of Teamsters Union Local 237. Greg Floyd is President.


President Gregory Floyd presents Local 237ʼs demands to the Housing Authority and is flanked, from left, by
Edmund Kane, chief negotiator; Allen Brawer, Policy Research Group; and Barry Peek, lead attorney.

I met Greg many times when I was asked to write several speeches for him in 2007. He is a powerful speaker and a dedicated public official, and I think he is good for the Local 237 members because he seems to really care about them.

Greg Floyd is very sure that transferring his SSAs to be supervised by the Department instead of the NYPD is a terrible idea, and I agree. See Greg talk about this with Errol Louis on NY 1. In 1998 the SSAs were part of the Department, and this was a 'disaster':     

Municipal Workers Union President on Potential Layoffs and Changes for School Safety Agents
By Inside City Hall New York City
PUBLISHED 10:52 PM ET Jun. 26, 2020


Teamsters Local 237 President Greg Floyd joined Errol Louis to discuss the city’s budget negotiations, including Speaker Johnson’s calls for cuts to school safety agents and Mayor de Blasio’s warning of potential layoffs.

David A. Hay
Greg urges parents to be outraged by the proposed transfer back to the DOE. He talks about how the Department was in control of the SSAs in the 1990s, and the NYC DOE hired felons, pedophiles, and other miscreants, basically because the vetting of personnel at the NYC DOE is lax, underfunded and unable to assess qualifications adequately. See the case of  David A. Hay, a convicted pedophile who was hired to work with Chancellor Richard Carranza.

On November 19, 2018, the NY Daily News published a story about Mayor Bill de Blasio firing Mark Peters, Department of Investigation (DOI) Commissioner. Mr. Peters claimed he was terminated because "the mayor and top aides regularly pressured the Department of Investigation to drop probes damaging to City Hall and describing the mayor in particular as vindictive and at times unhinged in his fury."

A few days ago the media picked up how disgusted de Blasio's own staff is with his mismanagement.

I know that I feel the same, but I called several of my teacher friends to find out what they thought. Everyone I spoke to said that they thought the transfer back to the DOE was dangerous, misguided, and wrong. Two of the teachers recalled being in the DOE when they were younger in the 1980's-1990's and saw the Safety Agents assaulting children, doing nothing when kids were fighting, and in general lending no assistance to violence in the school. I've seen in my cases a massive coverup and malicious prosecution of anyone who speaks up about student-to-student or student-teacher violence. Teachers who are assaulted in a classroom and report it to the principal are then charged with causing the harm that occurred in the first place. It's their fault, not the fault of the student with the brick/knife/weapon in his/her hand. 

See the story of Eileen Ghastin (pictured below):


The Partnership of Bully Power and Media Can Convict a Teacher at 3020-a


In fact, I have in my files many arbitration decisions where the educator "Respondent" is charged with calling the police on students who were harming them and/or fellow students in their class. Here is an excerpt from the decision of Arbitrator Daniel McCray, Esq., June 20, 2019:

"The Department argues Respondent is guilty of Specification 10, in that she called 911 as a form of discipline against J.B. The Department recognizes that this Specification was proffered after the initial set of charges. However, the Department asserts that this is permissible under the Collective Bargaining Agreement, which expressly permits the Department to bring charges within three years of the alleged misconduct. Moreover, the Department asserts there is a presumption that charges against a Respondent should be consolidated in a single 3020-a proceeding. Therefore, there is no dispute the Department could proceed separately with this charge. Moreover, the additional Specifications address the same series of events already charged and Respondent had ample time to prepare her defense. Therefore, Respondent was not prejudiced by the inclusion of the additional Specifications. The Department insists, as a result, the arbitrator should not believe Respondent's testimony that she called 911 because she feared for her physical safety and was requesting a Level III safety officer. It is undisputed that student J.B. was nowhere near Respondent when she stepped out of the hallway and called 911. Transcript at page 504. As a result, the Department insists I cannot conclude that she was reporting an emergency or crime requiring immediate police intervention.

Rather, according to the Department, the record evidence demonstrates Respondent was violating Chancellor's Regulation A-411, which requires behavioral crisis de-escalation and intervention first. This regulation clearly states when 911 may be called: "where a student's behavior poses an imminent and substantial risk of serious injury to himself or others and the situation cannot safely be addressed by school staff the Principal or designee must call 911." However, the regulation makes crystal clear that "in no circumstances should 911 be called or employed as a disciplinary response or disciplinary measure because of the student's behavior.''

According to the Department, Respondent's own testimony of why she wanted a Level III safety officer was because, according to her, only they were able to provide the appropriate type of corrective action with the student. Transcript at page 511-512. Thus, in Respondent's own words she was calling 911 to discipline the student. In addition, the Regulation goes on to state that if an employee has to call 911 without following the above procedure they must notify the Principal or his or her designee. However, it is undisputed Respondent did not do this. In fact, Principal Keane testified that she became aware that the police had been notified when they reported to the school. As a result, the Department insists it has proven Specification 10. For the same reasons, the Department argues it has proven Specification 11, that by calling 911 to discipline J.B., Respondent unreasonably and substantially interfered with his mental, emotional and/or physical well-being; and Specification 12, that it substantially interfered with J.B.'s ability to participate in or benefit from an educational program or other aspects of his education."

Arbitrator McCray found the charge substantiated, and terminated Respondent.

I have done several cases where the Respondent was charged with calling the police after a student created a situation of extreme danger in his/her classroom. How does this charge make sense unless the NYC DOE wants to stop anyone from reporting anything? By the way, just try to get your Freedom of Information request answered within a year. Good luck.

I think what needs to happen is:

1. Keep the School Safety Agents under the control and funding of the police department NYPD.
2. Set up training programs on Restorative Justice, conducting fair investigations, handling out of control students.
3. Establish procedures inside schools that allow immediate assistance if needed, including calling the police in to help if there is any perceived danger of harm or death in a classroom.
4. Monitor save rooms, make sure that the students who are being held there get counseling.
5. Give SSAs and Guidance Counselors time to get together to discuss students at risk.
6. Give SSAs the right to discuss students with the school nurse and to see records, with a confidential lock on the reports on a need-to-know basis.
7. Set up a chain of custody for reports of student violence that does not - and cannot - be made into charges against the reporter/educator/staff member.
8. Fund independent school monitors inside the police department, maybe 1 in each of the 32 school districts in NYC. Do not allow any coverups or attacks on those who file reports.
9. Remove the responsibility for creating financial reports and budgets from the principal, give to a District business officer hired to do accounting, tax assessments, and everything else. Principals have enough to handle already, and their focus should be on the students.

These are just some of the corrections I see, but certainly, many more are probably needed.

But what is not needed, is any movement of the SSAs to the NYC Department of Education. 

The safety of our children is at stake.

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