It is one thing that the DOE has evolved the U rating appeals system as a
kangaroo court. It is another that our Unity colleagues remain
complicit and actually contribute to the loss of our members rights. --- Kaufman at ICE
Jeff Kaufman talks about what he has to do to defend a U-rated ATR where Jeff had to lead the UFT "couldn't care less rep" to water where she (reluctantly) drank. And the U rating was reversed. Now if the UFT had any gumption at all it would blast the name of the supervisor all over the place and demand that no ATRs be put under that thumb.
"U" Rated ATR Wins Appeal Despite "Unity" Representation
While there are plenty of reasons to vote for MORE and dump the "Unity"
stranglehold on our membership perhaps the most compelling is the
refusal by our leadership to properly represent our members.
Witness Samuel Richardson. Mr. Richardson (not his real name) is a 24
year veteran Social Studies licensed high school teacher who was
excessed from a closing Brooklyn school 3 years ago. As with his
colleagues he was assigned as an ATR and forced into
nomadic purgatory where he shuffles from Brooklyn high school to
Brooklyn high school on a weekly basis.
Last year he made it to my high school, Aspirations, and after we got to
know each he explained that he had received an unsatisfactory
observation for a lesson he was clearly set up. The story was all too
familiar. With little notice Mr. Richardson said he would be observed in
a class he was the substitute teacher for two days. The next day he was
ushered into another class (a much more difficult
class behaviorally and academically) and told to teach his lesson before
the teacher and observer.
The subject of the lesson had nothing to do with what the class was
studying at that point and needless to say the class was somewhat
unruly. His observation report was written as if he provided no
meaningful instruction and had no classroom management skills.
He reluctantly showed me the observation report. I tried to schedule a
meeting with this ATR supervisor to no avail and by the time June rolled
around he was given a "U" rating for the year. His supervisor saw him a
total of 3 times (twice in the week he was observed) and engaged in no
meaningful conversation with him the entire year. The U rating sheet
referred only to the observation report and his perfect attendance
record.
Throughout the next several months Mr. Richardson and I have been in
communication. We regularly discussed appeal strategy and ways to
reverse this rating. When he received notice right before the Easter
break that his hearing would be today he called me. We met and I gave
him a package of materials including the Rating Guide and several court
cases dealing with arbitrary U ratings.
A retired teacher [UFT rep] called him to
meet with him and "prepare" for the hearing. He had one meeting with
this advocate and gave her the materials I gave to him. He pleaded with
her to call me.
Yesterday, on the eve of his appeal, a received a phone call from this
"advocate." Our conversation was not pleasant. She accused me of
cross-examining her and finally stated "if I do all you want me to do I
would have no time." I then asked her how she would have felt if she,
while teaching, had received a U rating and her advocate told her she
had no time for her case. Silence.
It is one thing that the DOE has evolved the U rating appeals system as a
kangaroo court. It is another that our Unity colleagues remain
complicit and actually contribute to the loss of our members rights.
Advocates are taught to read statements (written by some knucklehead
with no legal training) to the U rating appeals officer. They are not
given the materials, training or time to adequately represent our
members. The jobs are reserved for the Unity faithful in their
retirement. In fact there is even a rule that lawyers are not allowed to
argue for members.
As a result it is easy for the DOE to affirm almost every U rating
appeal and since no record is ever made that would be valuable in Court
most appeals to Court are denied.
I just got off the phone with Mr. Richardson who told me how the hearing
went. The advocate submitted the papers I had provided him and
according to Mr. Richardson used many of the strategies we discussed.
There was actual questing of the rating officer and at the end of the
hearing Mr. Richardson was informed his rating would be reversed.
A vote for Unity is a vote to not only perpetuate this system but
actually codify it by placing a quota on appeals and needing Unity's
permission to appeal. This is America?
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