Assault on a Chapter Leader While UFT Twiddles its Thumbs Plus Comments on Peter Zucker Case

As I reported yesterday, I attended a 3020a so-called incompetence hearing of a chapter leader of an elementary school - Another Chapter Leader Under Assault at a 3020a Hearing - except that the preliminaries took a long time and then DOE legal asked for an adjournment because the teacher had audio tapes of meetings with the principals and they wanted to hear them before proceeding. We were there from 10:15 until roughly 2PM waiting around and chatting.

It was a pleasure meeting the teacher's family - her mother, a retired NYC high school teacher, grown daughter and husband, there to support her. In addition, Paul Hogan and Pete Zucker, now on suspension, were there too. And we met other teachers and their families under assault.

I pointed out yesterday that this case should send up major warning alarms at the UFT.

Cases like this must not be treated the same as a non chapter leader, since employers often target union officials as a way to shut down union activity at the workplace -- and in many ways the DOE over the past 14 years has succeeded in doing just that. That the UFT is not blasting this all over the place is a perfect example of the union's accepting its role as as a head with little body.

After speaking to the teacher yesterday I am more convinced than ever that this is a case that the UFT should be using to make a major point. Her daughter told me that her 2nd grade kids were successful and it was the observations that are being used against the teacher. The real guts of this case are not the observations and charges of incompetence, but the political attack on a chapter leader doing her job.

My worry is that the lawyers, who often think on the narrowest of issues, will focus on responding to the charges without emphasizing that this is a case of political persecution due to union activities.

This is not to say that filing a lawsuit outside the system if you can afford it is not a good way to go. It seems that these lawsuits are piling up and the DOE and Legal is nervous

My advice to the teacher was to point out the duties of the CL and how she executed those duties -- and how the principal used that. She has been in the school for quite a while. How did she suddenly turn incompetent? What is going on is the principal is taking advantage of the new teacher rating system.

The teacher is not using a NYSUT lawyer and is paying on her own -- a lot of people are buying the line, sometimes put out by people with a business model, that they are incompetent on the whole. So far the people I've seen from NYSUT have been very competent and they have presented a political argument, some openly and some subtly. In my mind the fact that Portelos and Zucker still have a job is due to the case that they were targets. And the over-zealous DOE legals often help make that case.

Zucker was a cluster teacher in an elementary school seeing 300 kids a week, no more than once or twice. Let's face it - I was a cluster for a decade - it is often a form of babysitting to cover a prep - though most people do what they can with the job given its limits -- like being pulled for subbing, coverage, mass preps, etc.

The charges of incompetence were a joke. The job was specially created for him to try to make him fail. Like if I were to be put in a kindergartgen class I wouldn't have a clue and it would take me a year or  2, even as an experienced teacher, to figure it out. Of course I would exhibit evidence of not being competent at times.

Zucker is/was a computer/tech specialist. The principal left the computer lab, which he was instrumental in getting for the school, empty and put him in a job they branded, "Character education with literacy." Sure, spend 45 minutes a week with a class and expect results?

The principal, Allison Coviello, testified for 4 days - and the overkill was obvious. Here was a former colleague and first year principal spending an enormous amount of time focusing on cluster teacher Zucker. Didn't she have a school to run? Clearly an obsessive compulsive and it came through. Even the DOE lawyer seemed worn out.

The best part of the Zucker case for me was the claim that he didn't treat kids of parents well by Coviello, who tried to come across was a saint.
A parent came in to testify for Peter and she said he was the only teacher in the school who reached out to her admittedly difficult son and to her. When DOE Legal asked her did she talk to Coviello, the parent responded that she had 3 appointments with Coviello, who cancelled two of them and ended up getting into an argument with her at the other one.

Saint Coviello didn't look like much of a saint.

And I'm hoping that at the end of the day, the Chapter Leader's principal will be exposed for what she is.

There are 3 hearing dates next week and I only can make the last one next Friday and will probably miss the principal's testimony --- this is a case of DOE legal wasting an enormous amount of money and that the UFT doesn't scream this from every rooftop is why the union is a head with no body.

Another Chapter Leader Under Assault at a 3020a Hearing

Cases like this must not be treated the same as a non chapter leader, since employers often target union officials as a way to shut down union activity at the workplace -- and in many ways the DOE over the past 14 years has succeeded in doing just that. That the UFT is not blasting this all over the place is a perfect example of the union's accepting its role as as a head with little body.

I'm heading over to Chambers Street to attend the hearing of a Manhattan elementary school chapter leader who I've been speaking to at the Delegate Assemblies. She has told me quite a story of how she became a target after a lifetime of teaching due to her doing the job of chapter leader. I told her I would try to make some of the hearings. Today her principal is listed as the first witness.

This will be the first hearing I've attended where the teacher is not using a NYSUT  lawyer for reasons I am not totally clear, which means she has to pay the lawyer. Let's see how this works out.

I learned a lot about these hearings by attending. For instance, DOE Legal has 2 units - conduct and incompetence charges. NYSUT lawyers have the same system.

The two NYSUT lawyers, Chris Callagy (Pakter and Portelos - conduct) and Jennifer Hogan (Peter Zucker - incompetence charges), were both pretty impressive. Jennifer pointed out that handing each type of case requires different skills and gave me a great understanding of the thinking behind their strategies. One reason I believe people should not just abandon a NYSUT attorney without careful thought is that there is 40 years of experience in these cases to draw from.

Now, none of these teachers were totally found innocent - there were big fines and Peter just started serving a 4 month suspension without pay, which is a very heavy fine in essence - plus the loss of health care. You can read about Pete's case on his blog: SOUTH BRONX SCHOOL

Claudia Macek of PS/MS 83 Distorts Reality -

 

I'll write more about his case to supplement what he will be writing. 

 

He called me yesterday and now that he is on suspension, may come down to today's hearing. I'll only identify the teacher if she wants me to, even though her name has been all over certain listserves (something I am careful about doing.) But I will write about the major issue here to me: this is not just any teacher but the elected union rep. Cases like this must not be treated the same as a non chapter leader, since employers often target union officials as a way to shut down union activity at the workplace -- and in many ways the DOE over the past 14 years has succeeded in doing just that.

That the UFT is not blasting this all over the place is a perfect example of the union's accepting its role as a head with little body. OK, Unity slug gang, let's start commenting about how somehow the union really shouldn't pay special attention to a chapter leader under assault.

 

Are You a Target of Misuse of Danielson Observations? Advice From Former Chapter Leader

From MORE blog

After attending the Peter Zucker hearings and seeing up close how observations were being used to go after him (even though it was technically the last pre-Danielson year) I am learning a lot.

I was in touch with a teacher recently who feels she is becoming a target of a vicious, incompetent administration. The chapter leader is in the principal's pocket - a partner in crime - and the district rep doesn't look like much help -- if they are in the Unity club together you may have to go above the district rep -- and last resort is using blogs. This situation is all too common -- a good reason for those wanting to figure out ways to challenge a corrupt chapter leader to attend the MORE workshop this Saturday - Fighting Back In Your School. 

I told her to be ready for an influx of formal and informal observations designed to undermine her and create a paper trail.

These are not easy battles to fight and with the Cuomo assault, Silver arrest (New York Assembly Speaker, Faces Arrest on Corruption Charges) and ineffective UFT/NYSUT it is Katy bar the door time for teachers, especially given the number of vicious and even psycho principals out there. (Note that the Farina attempt to curb principal power as reported in today's NY Times - (Chancellor Set to Centralize Management of New York City Schools) has nothing to do with the teacher end -- don't expect support for teachers from the Superintendents Farina has installed.)

I reached out to an experienced former chapter leader Ed Notes reader for advice on how to fight back and here is the former CL report with an example of how one teacher in her school fought back aggressively-- in this case the chapter leader who replaced her when she stepped down is a good person and willing to stand up for the staff. ( I did something similar back in 1971 when my principal gave me a U on an observation -- I wrote an 8 page response and posted it over the time clock - and that was my pre-tenure year -- yes I was crazy -- but it worked - never bothered me again).

Here is her report:

If a teacher's lessons are being targeted and Danielson is being used as a weapon----it becomes a part time job fighting admin. She needs to know Danielson better than her admin, be specific in how she addresses it and ask questions---a lot of smart questions based on her report----

The AP never answered any of her questions----and the teacher made that such a big issue.....she was able to turn the tables on the AP. If your friend the teacher has any allies they need to write her uft district rep on her behalf and get them into the school for a meeting. Her chapter leader needs to know members will go over his head.

Here's a sample from a teacher at my school....she responded to her AP.

....This email is in response to the feedback I received from you on December 17 at 7:30am that resulted from your informal observation on October 30.

Here is some background information you could not have known unless you asked me. This reading lesson was a continuation from the previous day, Tuesday October 29. The story that I chose was fictional and was chosen as a read aloud for the month of October. While reading this story and asking questions, the students could not identify that the story was fiction or list events from the story that may not happen in real life. 72% of the class could not answer these questions and give me evidence as to why this book was fiction. Therefore, the purpose of this lesson was to address my students’ needs yet you labeled it as an “activity that required minimal thinking.” Common Core requires students to explain the difference between fiction and nonfiction books. Standard RL 1.5 states, “Explain major differences between books that tell stories and books that give information…” When students enter my 2nd grade classroom unable to do this, it is something I must spend time on. Therefore, your comment regarding “minimal thinking” confuses me. It raises the following questions:

· If discerning the difference between fiction and nonfiction requires only minimal thinking and yet is a first grade standard that 72% of my students have not met, are you saying that I should not teach it because it only requires minimal thinking?

· We have been repeatedly told that we should design our lessons based on the needs of 70% of our students. Has this policy changed?

· Do I ignore the fact that the majority of my students cannot adequately perform an activity that meets the previous grades’ standards since you labeled the lesson as “an activity that required minimal thinking?” Whether it requires minimal thinking or not is really irrelevant since it is something that my students clearly struggled with and is part of the Common Core that I must teach.

· I look at the standards as a scaffold. Each subsequent year is supposed to build upon the previous year’s standards. They are stepping stones. This is what I learned from various workshops and materials given to us regarding the CCLLS. So I design my lessons around them after assessing where my students fit in with K-2 standards. Is this not the correct approach to take? Am I to skip laying the foundation that should have been in place by the end of first grade?

Prior to your observation on October 30th, the students participated in an interactive written response to the questions regarding discerning a fiction book from a nonfiction book after we discussed these questions as a whole class on Tuesday, October 29th. In response to your comment, “The instructional pacing was slow,” the lesson that you saw was a recap of the day before in order for the students to be able to try these same questions in their own independent reading book. My pacing was slow due to the difficulty the students were experiencing with this concept which students were expected to master last year in first grade but did not. 

Am I not supposed to pace the lesson in way that affords my students the opportunity to grasp the standard? Or am I expected to increase the pace despite the fact that my students are struggling to understand what I am teaching them?

For these reasons, I can not agree with your score of “developing” for component 3b. I find it unacceptable that the majority of my 2nd graders could not tell the difference between fiction and nonfiction as well as describe the genres’ characteristics and that you rated me negatively for attempting to ensure that they meet the Learning Standards established by NYS.

The score of “developing” for component 3c is quite baffling. Does the score you give depend on the responses from only 2 children? You asked one of the students, “What do you do when you’re done?” She stated that she recopies her answers so they are neater. This is something I never tell my students to do and personally I think you know that. The students are told to reread their work and make sure they answered all the parts of the questions. If they think it is correct then they switch with their partner and “TAG” each other’s journal. Student CB didn’t do her assignment correctly and she actually had to go back and fix it once I conferenced with her. Student SS’s response was that she puts her head down. Did you ask her if she’s feeling ok? Did you ask the question in more than one way? Did she understand what you were asking? Student SS has an IEP and receives OT, Speech, SETTS, and is an unfocused student that needs constant redirection and repetition. Student SS is often tired in class so I allow her to put her head down at times. Her tiredness is a side effect of the medication she takes to control her seizures. Why am I being negatively affected for modifying my expectations based on a student’s medical condition? In fact, this should rate me as “highly effective” under Danielson 1b. Are you directing me to end this accommodation and try to keep SS alert and focused at all times despite the effects of her medication?

I also received a score of “developing” for component 3d. You state that, “students appear unaware of assessment criteria.” The word appear does not represent fact. Were all of my students unaware of the assessment criteria or just some? Are you only speaking of the one student you spoke with? Your comment is too vague, yet it is negatively affecting me. Unfortunately, it is impossible for me to provide a “self-assessment checklist,” which appears to be what you are speaking about, for every lesson I teach. Is that your expectation? Am I to create a self assessment for every lesson I teach? I sent the students back to their tables after having several students tell me and the class what they were supposed to do when they went back to their seats. The students also had a modeled reading response to follow. You asked one student (the same student from component 3c), “How do you know you’re right?” 

Her response was that she reads it out loud. I think her response is appropriate. When students read aloud the responses to themselves, they can hear if what they wrote sounds right and makes sense. This is often the case when they read their work to me. Again, it’s a negative reflection on me that one student doesn’t give you an answer to your liking. Seven year olds can not be expected to know if they are right all the time. Self assessment has its place but the idea that 2nd graders can always know when they are right without teacher input is not a developmentally appropriate expectation. Whether or not a child’s work is correct can only be recognized by speaking with them, looking over their work with them, which in reality takes more than 2 hours if I spend only 4 minutes with each child. Also, I have to look through or read their independent book in order to assess them accurately, which was taking place when I was meeting one on one with students. Your comment, “feedback to students was general,” again is vague. You give one response I gave, “good answering.” Did you notice that there were more students I gave feedback to? The fact is I gave actionable feedback to 15 of my students. 

3020a Hearings Reveal Insideous Campaigns Against Teachers

I wonder at times of there isn't a secret bounty/bonus to principals for every tenured teacher they manage to chop. Maybe a check mark for future promotion.

Some MOREistas and ICEers have been attending various 3020a termination hearings - I am about to head off to the Peter Zucker hearing now. These are run like real trials except that the hearing officer functions like judge and jury. I tell people on trial that this person is the only person in the room you have to care about impressing. Forget the DOE legal people (mostly nasty slugs) who try to make you look like a mass murderer.

Fellow retiree David Dobosz has been attending a different 3020a hearing of a high school teacher. He sent this report yesterday:

What I am learning in the 3020A hearing of a (school and teacher name redacted) teacher, includes a bombshell of revealing connections. Th actual hearing record is bearing out the fact that school budget cuts are behind the senior teacher gotcha terminations and, by extension, ATR eval terminations. Between the teacher's adversarial AP and the UFT chapter leader who witnessed on behalf of the teacher and blew the whistle on the admin, all was exposed. 

Meanwhile,  the DOE has no strategy to deal with funding, increasing school segregation, curriculum dumbing down and allowing teaching or administrating out of license, all of which results put additional stress on schools to keep barely functioning. Using financial starvation incrementally destroys a quality public education for all through policies that result in dysfunction.

The UFT is silent and pretty much a non-entity - teachers are entitled to a NYSUT lawyer, some of whom have been vilified unjustly, leading some teachers to spend money on their own representation. I always say -- go NYSUT first until you feel that is not working out for you - and have backup just in case. 

 

Portelos Update: A Para for the Defense, Part 2

The story below is a warning to anyone who might think that taxpayer supported DOE Legal has any interest in the truth.

Part 1 is here: Portelos Update: A Para for the Defense, DOE Pulls Race Card, Theresa Europe Sits in to Intimidate Hearing Officer


PORTELOS HEARING DEC. 18, 2013

CROSS EXAMINATION by DOE Legal Jordana Shenkman –

JS: U heard rumors of Apr 2011 meeting P brought up safety concerns – u weren’t there to hear who brought what up and based on hearsay –U didn’t hear admin response – CS: “they don’t talk to us”
JS: U don’t say hello to Hill – 
CS: she doesn’t say hello to us. Majority of tchrs said – she didn’t --- I took it personal – but told to get used to it.
None of admin said hello to most teachers – I stopped taking it personal

JS: you say people at schl afraid of Admin – are u aware of people afraid of P? 
CS: NOT ONE.
JS: You say safety not being addressed at school – 
CS: I KNOW IT.
JS: That didn’t stop u from sneaking in 2 strange men thru back door not through schl security?
OBJ from Chris Callegy: – You don’t get to make things up. No foundation for your question. 

Now you have to follow the bouncing ball of Shenkman's outrageous (and embarrassing - to her) question about 2 strange men sneaking through security. Shenkman made a big point that they did not sign in - making it look like a criminal act. And also Shenkman's attempt to make it appear CS was disciplined for doing so. The real story came out under Chris C's cross. I'll paraphrase.

CS had bought a small refrigerator for the office she shared and brought her husband and his friend to the school to take it down to his car. [CS was leaving the school permanently and it was the end of the school year.] He drove up to the front of the school but the custodian told him to drive to the loading dock where the door would be open which it was. As they walked two of the AP'S were there and saw them and said nothing. CS took them to security where the guard did not have passes handy and also said she knows CS' husband so she waved them through without signing in.

Principal Linda Hill, vindictive in every way, got in touch CS' district 75 principal who had to take his valuable time to look at the video tape and then told CS not to go back to the school again for the final few days.

She was never disciplined in any way.

The story above is a warning to anyone who might think that taxpayer supported DOE Legal has any interest in the truth.

Portelos Update: A Para for the Defense, DOE Pulls Race Card, Theresa Europe Sits in to Intimidate Hearing Officer

There was only fear of the administration. YES everyone is in fear of them, not Portelos. .. former Para, IS 49SI.

According to Shenkman, a para - with a high school education - and a parent with 5 kids of her own - is not qualified to make a judgement as to whether someone is a good teacher. What arrogance and elitism. ... Report from Portelos hearing, Dec. 18

I finally was able to attend the 14th day of the Portelos 3020a hearing after missing the last few. Today there will be another and more after the holidays. For DOE lawyers and subsidiaries: ka-ching - At the afternoon session there were 4 DOE lawyers taking part, including Slug in Chief, Theresa Europe, who was there to make sure DOE Legal Slugette, Jordana Shenkman, pulled the race card with vigor (she did). But that was in the afternoon.

I'll do a follow-up about the afternoon testimony where we watched in amusement (and horror) as DOE legal beagle Shenkman pulled the race card on a Portello witness, as they had previously tried to do on Portelos himself - (also pulling the anti-semitic card on him). Shenkman should never be allowed into a China shop.

One thing is clear from these hearings: The absolute incompetence of IS 49 SI principal Linda Hill who everyone at the DOE seems to know is incompetent but is being protected by assaulting Portelos, who once he came under attack struck back with a vengeance. It is that vengeance he is being charged with while they try to bury the attack on him. I'll get more into the weeds in future posts.

A Para for the Defense

First to the morning testimony of a very strong witness for Portelos, a District 75 para (initials CS) at IS 49 who has since transferred to another school, who stood up to every attempt by Shenkman to break her, including an attempt so clumsy we had to hold our sides to keep from laughing out loud.

CS was a management para who followed the children she worked with from class to class through the day (except gym).

On Portelos as a teacher

Worked with him every year. Judgement of him as a teacher – very impressed – always put nice spin on teaching – kids very attentive. He gave Dist. 75 kids extra attention – especially one child with extreme difficulties. The kids were always orderly and listened to him.
Colleague to colleague he was very easy to work with – he once did rocket ships in school yard and included me, making me feel very much part of the lesson.
CC: Was it remarkable to be included by a teacher? CS: Yes [P was different from other teachers in the way he treated paras as equals.]

Shenkman OBJECTIONS and Cross Examination on this point alone:
 - anything you saw a first yr probat tchr do is not relevant (referring to how he treated one special ed child years ago when P was a new teacher). Then this from Shenkman:

JS: Not part of your resp to observe or eval tchrs.

CS: No.

JS: What is your ed degree?

CS: None. HS diploma.
JS: Was it your job to pay attention to special needs students – your job to stay focused on them – get them started with work – [meaning she couldn't know what kind of teacher P was if she was focusing on her job]

CS: I always instructed to help all public school children not just mine.
JS: You saw P one per a day – 8 periods – for 7 per follow assigned student – you didn’t see P teach other 7 periods.

According to Shenkman, a para - with a high school education - and a CS is also a parent with 5 kids of her own - is not qualified to make a judgement as to whether someone is a good teacher. What arrogance and elitism.

Note to Jordana Shenkman: Paraprofessionals are education professionals with the ability to make a judgement as to what good teaching is.

Jordana Shenkman with less qualifications to judge a teacher's competency than CS feels perfectly free to judge Portelos as not competent to teach (as she tried to prove by calling a network curriculum support person who was sent in to do a hit job).


How principal Linda Hill treated the staff
This testimony was so strong on how Linda Hill has run IS 49. (When the hearing is over we will print the transcripts). If a teacher said good morning Hill would not respond. "It was that way from the day I set foot in the school. At first I though it was personal but I was told she treats everyone that way so get over it."

We needed help – kids hitting teachers, wallet stolen –and we can’t report it - teachers crying – fear – always the principal against us – I worked in other schools – administration and teachers always worked together.

When there was a problem did you speak to Hill?

"She was unapproachable – she locked herself in her office all day."

On Portelos as a colleague

Shenkman: Are you aware of people having nervous breakdowns over fear of P or crying in hall? People filing police reports for fear of P? 

CS: NO.

JS: You weren’t aware in fear of P stalking or following them? 

CS: There was only fear of the administration. YES everyone is in fear of them not Portelos.

On the April 2011 meeting where Portelos first spoke up about the safety issue:

CS: I wasn't at the meeting but the school was buzzing.
Did u hear what P did? He stood up and said things about security and safety of building? I said to him you are so young and naive – I knew there would be retaliation.
P told me – what do u mean? I spoke the truth.
But you opened can of worms – everyone should be backing you. I was very concerned he was going to be a target. He led everyone to be able to say something.

This was April 2011, 6 months before things began to blow up. And when they did in January 2012,

CS: I spoke to R(another para) – this is all because P spoke up at that (April 2011) meeting.

There's more to this testimony where Shenkman made an outrageous attempt to discredit CS, an attempt crude and truly disgusting. And how her D. 75 admins backed her all the way. Best to do that in a separate post.

And then there is the afternoon disgusting stuff where the hearing officer, maybe hoping to impress Theresa Europe, made an outrageous decision to allow a racist neo-Nazi publication that intentionally misquoted a Portelos witness into official evidence. Portelos lawyer Chris Callegy is usually a cool customer but in this case he was livid.

READ Portelos' latest post on his blog (he is gagged from commenting on the hearings until they end):

DOE’s Digital Duct Tape

Whistle Blower Portelos Open 3020 Dismissal Hearing Sept. 12, 23, 30

Come to the circus. Press invited to find out they are spending an enormous amount of money trying to fire an accomplished teacher. Francesco is proof that rubber rooms still exist but that is a story ignored by the press, which hopped to when they had mass rubber rooms that were an embarrassment to both Tweed and the UFT. Now that they dump people in DOE offices full of wasteful bureaucrats, they all go and hide.

Greetings,
      If you are available and want to see the public modern day hanging of a parent and educator who blew the whistle and is slated for termination, see here:

Dates were just set for September 12, 23 and 30 at 49 Chambers Street.

Thank you all for your support. Regardless of the outcome, the fight for public education has a strong friend here.

http://wp.me/P31ecs-wF

-Francesco Portelos
mrportelos@gmail.com
educatorfightsback.org
Parent
Educator
UFT Chapter Leader IS 49
“In the end, we will remember not the words of our enemies, but the silence of our friends.” -Martin Luther King Jr.

Pat Dawson 3020A Hearing Notes - CORRECTED

NOTE May 9: There was a mistake in the reporting on this story. Jo-Ann Demas contacted me to point out that she mistakenly labeled the snitch at the parent coordinator when it was really the PTA President, Louise Blaney. Please make note of that change. I'm reposting.

Original post: April 30.

I have been out of town and could not attend the hearings last week but did attend previous hearings. I still haven't written it all up but see below for previous posts related to the story. I can't not make the case of how ineffective the UFT has been in all aspects of this and so many other cases. Like how about at least some PR showing the persecution of teachers?

Notes from retired teacher Jo-Ann Demas

A case against High School of Economics and Finance teacher, Patricia Dawson, who made hyperbolic comments on Facebook, has just closed in a 3020(?) hearing. Principal Michael Stanzione charged the popular English teacher, who is African American, with termination. No letters in the file, no warnings just termination. In his summation, New York State United Teachers (NYSUT) attorney Chris Callagy pointed out that Stanzione and the DOE ignored “the doctrine of progressive discipline.” What compounds this rush to judgment is that a teacher is being held to a standard that does not yet exist: There is not one word in the Chancellor’s guidelines about teachers using social media networks. It was established through hearing testimony of Principal Stanzione that during required professional development sessions at the HSEF no mention was made of social media networks.

One wonders what is behind the thrust of condemnation of this teacher. A formulation was offered inadvertently by DOE attorney, Andrea Chilaka. In her summation, she stated that “thanks to the Facebook postings, it was revealed (that)…this teacher had a special connection and rapport with her students.” Instead of being applauded for successfully reaching out and winning the confidence of her students, Ms. Dawson faces the loss of her job.

How Stanzione became aware of the FB quotes is an illustration of the brown-nosing atmosphere at many of our schools. The PTA President, Louise Blaney, who was a FB “friend” of the teacher, did not inform Ms. Dawson of her concerns. Instead, she immediately made a copy of the FB dialog and gave it to the principal. Stanzione called Ms. Dawson into his office NINE DAYS later. He expressed his concern. He did not order her to take down her page. The teacher took down her FB page on her own. She was removed from the school and charged.

Her attorneys advised her not to have contact with any students and to refrain from reaching out to apologize for possible damage. Her first opportunity to apologize was during her testimony at the hearing. Yet DOE attorney Chilaka criticized her for not apologizing earlier. Union attorney Callagy pointed out that no harm to students was proven by the teacher’s FB comments. The DOE “can’t discipline for what might happen.” Here is a situation where the teacher is being held to a higher standard than the DOE itself: “She should have realized her comments on FB postings go beyond HSEF,” admonished the DOE attorney. Meanwhile, many high school teachers including those at HSEF, use FB to communicate with their students. In this vacuum, the DOE still does not have a policy on social media networks yet is ready to pounce on a popular teacher.

Callagy reminded Josh Javits, the hearing officer, that there has never been a complaint against Ms. Dawson in the past. On the contrary her principal has written her letters of praise regarding her work as student affairs coordinator and “ambassador for HSEF at recruitment fairs.” The conclusion of the hearing heard the DOE attorney reiterate that the appropriate discipline should be “only termination.” It may take several weeks or months to find out the decision of the hearing officer. We’ll let you know the outcome and follow-up.

Previous posts:
The Michael Stanzione Files: As Case Falls Apart, ...
Educational Stop and Frisk Infects Schools: The Michael Stanzione Files Continued

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ISN'T IT TIME TO CHALLENGE THE UNITY CAUCUS MACHINE? CHECK OUT THE MOVEMENT OF RANK AND FILE EDUCATORS (MORE) THE NEW CAUCUS IN FORMATION, WORKING TO ESTABLISH A DEMOCRATIC FRAMEWORK FOR THE UFT. THE CAUCUS WILL NEED PEOPLE IN EVERY SCHOOL AS CONDUITS OF LITERATURE TO COUNTER THE UNITY MACHINE. YOU CAN JOIN THE CAUCUS ON MAY 12 AT THE NEXT MEETING. EMAIL ME FOR DETAILS. NORMSCO@GMAIL.COM

Wild Day: Deb Meier, Meeting Nancy Carlson Paige, A 3020a Hearing, Hanging With Peter Pan

Yesterday is so far away but I've got to get it all down before it fades.

We started working on our new film, working title, "High Stakes Testing: The Inconvenient Truth" and I had to race into the city early in order to catch up with one of my heroes, Deb Meier for an interview. I won't give you the entire history but I tried an open classroom for parts of 2 years (1970-72) and it was somewhat of a disaster. I heard of an amazing teacher who was doing wonderful work and always wanted to meet her but didn't actually do that until about 5 years ago. Deb's blogging with Diane Ravitch, two people who at one time were coming at things from opposite directions, has given vitality to the battle against ed deformers and their influence has made them giants. Talk to Deb and you get a wonderful sensibility about children and how they learn. Deb's latest post to Diane is: 'Soft Science' & Less Certainty

Deb was in town for the day for a meeting at a CUNY building on 31st St. We had to find a spot for the interview and it was so noisy we went up the meeting to look for a space. The first person to greet us was Nancy Carlson Paige, a noted educator battling ed deform, who got some great publicity when she and brought her son Matt Damon to SOS in Washington last July. Deb introduced me to her as one of the people who made TITBWFS and I was walking on air the rest of the day after Nancy started telling people how much she liked it. I called Julie afterwards to tell her. Her response: "you should have gotten an interview with Nancy." I thought of it but she was anxious to get the meeting going and I'm just too shy to ask but having her in our film would have been great.

As the mother of a major actor, she did give my flimsy equipment a look but Deb and I found an office for the 10 minute interview. Just listening to her energizes me. Here is the link: http://youtu.be/owi2SKa4EA. 

Or watch it here.



I may have an interview with Diane Ravitch next week. Now all I have to do is lure Susan Ohanian away from Vermont.

 
3020a
After that I headed over to B&H for some fun shopping and I blew a load. My wife was meeting me at 2PM for a matinee and I had a few hours so I headed downtown for the first day of a 3020a hearing (I'm heading  back today.) It is absolutely astounding to attend one of these where the teacher is clearly an excellent teacher by every possible judgement but is being persecuted for a statement in facebook. Whether that was good or bad judgement, the DOE lawyer objected to every possible piece of evidence that show what a good teacher she is by saying, "Irrelevant. We are only interested in the facebook incident." Proof that the DOE is willing to waste thousands of dollars to fire what even they would acknowledge is a good teacher. Another wrinkle is that she is African-American and the 3rd African-American woman the principal has gone after: the real civil rights issue of our time.

The room was packed with supporters and even students who supported the teacher, including Christine Rubio who was fired for facebook comments but won her case in court.
You can read more about the case at The Assailed Teacher: The Joke of 3020a
"The process has become so biased that real courts of law are overturning more 3020a decisions than ever before. It happened in the case of Christine Rubino, whose case Betsy Combier describes in her latest post." Betsy is always there for people and has a lot of fans.

I fear that the persecution of teachers will lead to the loss of people like Assailed Teacher: read the collateral damage in this post: Teacher in Crisis.

I have notes and will try to do a longer piece tonight.

---------
The lunch break came just in time for me to make the matinee "Peter and the Star Catcher" an absolutely hysterical prequel to Peter Pan. The best line from the future Captain Hook: You made your bed, Pan.

Then is was off to 5Napkin Burger on 9th Ave (I needed 6 napkins to coral that burger.) After dinner I had the option to head over to CUNY for the Change the Stakes meeting where parents are discussing opting out of the test: check the great GEM blog that covers this issue.
Change the Stakes | Take a Stand Against High Stakes Testing: Our Children Are More Than Test Scores!

But this old guy had enough for the day.

Do Teachers Need Tenure?

Perdido Street School on the NY Post article:

This Is Why We Need Tenure

Next time Oprah, Arianna Huffington or some other ed deformer says getting rid of tenure is the most important "reform" needed to improve public education, refer them to this case:

A judge tore into city investigators Thursday for a shoddy probe that cost a teacher his job at a Manhattan school for kids with emotional and legal problems.

The decision means Charles Bryant can reclaim his teaching license and possibly get his job back at Public School 35M.

One of my former colleagues in elem school had a child, a second grader I believe, who ran out of class 2 times one day. The child was supposed to not be in the room but with a counselor during that time. The teacher called the father and told him to come up during the class. When the child ran a third time the teacher stopped her (think of consequences if she runs into the street) and sat her in her seat. In doing so her finger caught the collar and a button was ripped off. At least that is what is alleged.

The principal, a Lead Acad grad, was known for putting people in the rubber room. She hated this teacher because the year before she had run for chapter leader against the princ favored candidate and lost by only 1 vote - a real vote of no confidence to the principal.

The principal called up the child’s mother and incited her to call the cops and charged the teacher with assault. 5 cops came and arrested the teacher and took her out in handcuffs in front of the entire community. The teacher had taught in the school for 22 years with no marks on her record. Even the cops were sympathetic and one went back and investigated. I called him and he told me it was clearly a case incited by the principal.

The teacher and parent and child were in the police station until 1 in the morning as the cops tried to convince the parent to drop charges. The teachers was so hot about it all she refused to apologize. The cops released her but the arrest is on record.

She went to the rubber room. For 3 years. She hired a lawyer who I thought was awful.

One of the reasons she hired a private lawyer was that the week after the incident I went to people in the UFT and pleaded with them to get to the cops and get them on record. They told me that was the teacher’s responsibility. “But she is in the rubber room all day,” I said. It was clear that they were more afraid of being charged with protecting a teacher who may be found guilty of abusing a child even in such an obviously rigged situation. She just didn't trust the UFT.

I was at some sessions of her 3020a hearing. She was shell shocked from what has been happening to her and that made her ineffective in her own defense. The DOE showed pictures the principal took of the child’s shoulder which was supposedly scratched. We all looked at them with disbelief. You couldn’t see anything. The photos were taken about 2 hours after the incident. I saw the parent and child testify. It was all about the parent’s pride - she also hated the principal but wouldn’t back down. (The child had been moved to special ed not long after the incident.)

The hearing officer of course never talked to the arresting police. The result: teacher suspended without pay for a year. That means that after a year she will be allowed to teach. They clearly just did this to force her out.

Do teachers need tenure? She has tenure and only that gave her a salary for the 3 years. By the way - the delay was not due to her. I was supposed to attend these hearings on more days but they kept postponing and changing dates.

Final Days of Pakter Hearing- Monday and Tuesday

Ed Note:

For those who have not seen a 3020 hearing, here is your chance. This is a special case in that the hearing officer is Douglas Bantle who is fair minded and gives the defense a chance. There's a lot of back story here about DOE attempts to settle on certain conditions. It seems they know they have a good chance to lose this one. So they are pulling out every stop. I'm not sure what it is safe to write about, so I will be cautious at this point. An important note is that with all the backlog of cases and the need to resolve many of them under the new rubber room agreement with the corresponding need to hire many more hearing officers, Bantle is being "fired."

Note also that there are no penalties for DOE officials caught in lies.

As I have been warning people, start taping EVERYTHING. Pre and post observations and even your own lessons where you are being observed.

PLEASE POST - Reporters, Journalists and Bloggers - PLEASE POST
For Immediate Release

On Monday, May 10, at 10 AM --

For the first time in the history of NYC Dept of Education Teacher Trials, a State Hearing Officer has requested and will allow an accused NYC Teacher to play secret tapes in his possession to prove his innocence.


This is a ground breaking event and will prove beyond any doubt that former

'Teacher of the Year', David Pakter, was falsely accused of wrongdoing by the NYC DOE.

No member of the media, Legal community or anyone interested in Justice can afford to miss this unique, first ever milestone in the history of the long struggle by NYC Educators to receive fair treatment and "Due Process" at the hands of the 23 Billion Dollar New York City Dept of Education.

Where: 49 Chambers Street, Manhattan 6th Floor

When: 10 A.M.

Who: Hon. Douglas J. Bantle, Esq. - Presiding

Christopher M. Callagy, Esq. - for the Defense

Philip Oliveri, Esq. - Prosecuting for NYC



*************************

Note: New York City teachers have been removed from their classrooms and schools for decades based on the flimsiest heresay, fabricated allegations and bogus charges. Often the teacher is totally innocent of the accusations but is at the mercy of a system that makes proving one's innocence difficult if not impossible.

The NYC Dept of Education will present Witnesses who despite being under Sworn Oath, will lie with impunity and not hesitate to commit the most outrageous acts of Perjury knowing that there is virtually no price to be paid if caught.

On Monday, May 10, at 10 A.M.

for the first time in history, a courageous and independent Hearing Officer, sitting in Judgement to decide a highly Decorated Educator's fate, will allow David Pakter to have a fair shot at Justice.

The Honorable Douglas J. Bantle, Esq. will permit the accused to let the entire public learn the Truth by playing a tape recording proving "who" said "what" and "where" and "when".

The Hearing Officer and the Attorneys will all hear what those who accused Mr. Pakter said - or did not say- from their own lips.

The great French writer,Victor Hugo, once said:

"There is no force on Earth so powerful as an Idea whose time has come."

That time is 10 A.M. on Monday, May 10

at 49 Chambers Street, 6th Floor, Manhattan.

Be a Witness to History.

_______________________________________

Warning: the 6th Floor Receptionist has been known to falsely inform the Public there is NO Pakter Hearing scheduled.

Do Not Leave. Demand to speak to an Official. mily:Times New Roman;font-size:180%;" >"There is no force on Earth so powerful as an Idea whose time has come."

That time is 10 A.M. on Monday, May 10

at 49 Chambers Street, 6th Floor, Manhattan.

Be a Witness to History.

_______________________________________

Warning: the 6th Floor Receptionist has been known to falsely inform the Public there is NO Pakter Hearing scheduled.

Do Not Leave. Demand to speak to an Official.

*************************************

Pakter Whacked Her

The David Pakter open 3020a hearings continues today and tomorrow and it's a show that is worth the price of admission. Open hearings are rare, so this may be a rare opportunity. It's all about giving out watches for achievement and buying plastic plants for the school. Serious matters that require 2 DOE (or more) lawyers. I'm sorry I can't make it tomorrow. And probably not Thursday either, but if someone does go send a report. I'm sure there will be other chances - right until the next century, most likely.

I wrote about a previous visit to Pakter hearing (David made them open to the public) at which the Principal of Fashion Industries HS, after telling just slightly distorted stories, suddenly realized upon cross examination that there was a transcript of a meeting with David and went rigid as she asked, "You mean he taped the meeting?" (June 3rd.) (Note to all teachers who have to meet with principals under weird conditions, get a flower with a mic. Check out these I Spy stores.)

I also commented here. And in more places on this blog.

I went back a few weeks later and heard the Assistant Principal testify about Pakter putting trees in front of the auditorium doors, thus blocking their access. He gave the impression they were giant redwoods. In fact, they were plastic plants David had carried over himself from Home Depot, a few blocks away. The plants kept shrinking as the AP testified. So did he.

I made a return visit July 23. I am sorry I missed the road trip the day before when the hearing officer Douglas Bantl -- a gentleman and nice guy who is being axed as a hearing officer after this case for being too fair -- and the lawyers all went up to Harlem to visit the rubber room.

You see, another serious charge is that Pakter refused to report to the RR because he said it was pointless to sit there and do nothing and the place was harmful to people's health. He didn't mind not getting paid and the DOE didn't mind not paying him. But they are still charging him with not reporting. I guess they really do want to pay people for doing nothing even if they don't want to be paid. But watch the NY Post scream about the awful waste and blame the UFT.

There was a new DOE lawyer who was barely familiar with the case. His name is Phil Oliveri. And there was another DOE lawyer named Wilson Sia with him. You see, it takes two lawyers to talk about watches and plastic plants.

I was only able to stay for the morning and there was one witness - a guidance counselor who testified he saw Pakter showing some watches to a student monitor in the main office while the counselor was heating up his lunch in the microwave.

He thought it odd but not enough to say anything to anyone, until a week later when at a guidance meeting chaired by AP Olivier Poor, who mentioned that some teacher had bought plants for the school. The GC spoke up asking if it was the same guy who was showing watches. Poor perked up and asked him about it.

Soon after Poor wrote an email to the principal Hilda Nieto that the GC has told her he saw Pakter selling watches to a school aide in the school store.

Poor poor. She made 3 errors of fact in one sentence. But the day before she testified that what she wrote was true. Unfortunately for her, when the GC was shown the email, he stuck by his original story that Pakter was just showing the watches to a student in the main office. "Did it seem he was trying to hide that he was doing it," asked NYSUT lawyer Chris Calergy? "No," said the GC.

Now we must remind you that one of the major charges against Pakter is that he was selling watches to the kids. Nada.

That these events took place in November 2006 and it's now -- hmmm, I think August 2009.

That all this time has passed is a sign of

a) dysfunction at the DOE

b)a willingness to spend whatever it takes and however how long to snuff Pakter, who is way past retirement and has ooodles of moolah with his watch company (skip the intro - if you dare) but is way too stubborn to give up.

I wish he'd show me some of them watches. But first I have to look for my high school report cards to prove I had a 90 average.

Damn, just checked and it came to 89.7 over my last 3 years at Thomas Jefferson HS in East NY Brooklyn from 1959-1962. Can I get marked on a curve like they seem to be doing today? Better yet, how about giving me some of that credit recovery stuff? I can fog a mirror with the best of them.

Related
South Bronx School had been tracking the Pakter case.

And NYC Rubber Room Reporter did a long piece back in December chronicling the case up to that point.

Out takes:
Follow up to this morning's post on my new suits.
I already got invited to a school but if they see another suit in any way related to the UFT they will get out the tar and feather. I guess its back to jeans. Anyone got a Bar Mitzvah to invite me to?

"You Mean He Would Tape a Meeting?" A Termination Hearing Experience

You hear an awful lot about how hard it is to terminate a tenured teacher and how much it costs. You only get the horror stories from the perspective of the anti-tenure crowd. What is often neglected is the issue of why a school system would choose to take a route to terminate in spite of the costs. The David Pakter case is a prime exhibit. I dropped in on David's 3020a hearing yesterday. You could write a book.

There were the lawyers - NYSUT for David and someone from the DOE. The arbitrator down from upstate. And the principal who had to be pulled from the school for two days. At least. Maybe more. And at least 12 days of trial. All to fire a teacher who has been in the system for 40 years. And not one word has ever been uttered negatively about his teaching.

What was yesterday all about? David had given watches from his watch company to students as an incentive for getting 90 averages on their report cards. Five watches. And one to a school aide for assisting him. That makes six.

David certainly knows how to get noticed. He started at the school on Oct. 18, 2006 upon release from slavery in the rubber room for years and was sent back on Nov. 25. Mostly over the watches. (There were more charges for which he was exonerated by the investigators.) That they are going forth with 3020a hearing sat extraordinary expenses to terminate him is bizarre, bizarre, bizarre.

When I left they hadn't even gotten to the large potted plants he brought as a donation to the school and placed in front of the auditorium. They deemed them a fire hazard and had them removed. Twenty lashes. The school puts on lots of shows. I bet they could have found some use for them. But I'll get more info later on this caper.

There was lots of discussion on the visit UFT's NY Teacher reporter Jim Calahan made to the school when he was writing an article on David. And David's offer of a $10,000 donation to the school. David is a well-known artist and owns watch companies and he is not doing any of this for the money.

The key questioning in a superb cross examination of the principal by the NYSUT attorney was about a meeting held on Nov. 3 to discuss the issue. The principal's memory was sketchy. But on direct examination she indicated that David was trying to market his watches in the classes he taught by giving out catalogues and his web site. On cross it came out that he was giving the kids a place to go to choose the watches they wanted. The arbitrator, one of the most respected I hear, perked up. Not marketing, but offering choices of watches. An ah-ha moment.

There was a lot of detail that I'd love to go into in the future as the process is very enlightening as to the thought process administrators go through. There came a point when after repeated questionning about the details of the things that were said at the Nov. 3 meeting were raised - things that David said there that would go a long way towards exonerating him– the principal said, "This seems like you are reading from a transcript."

The NYSUT attorney smiled and nodded. The principal issued a gasp. "He taped the meeting," she said incredulously? "Why would he tape an innocuous meeting called to discuss the issue," she asked in shock?

The NYSUT attorney smiled and said, "Well, we are at a 3020 hearing looking to terminate him."

The DOE attorney quickly asked for a few minutes to discuss the issue outside.