Ed Notes Online: due process

Showing posts with label due process. Show all posts

Thursday, May 8, 2014

UFT Contract: Jeff Kaufman Dissects the ATR Issue Plus a Video Interview - Should All Teachers Be Frightened? HELL YES!

Jeff does a great job in tearing apart the ATR agreement in the new contract at the ICE blog.

After the DA he was interviewed by a reported for The Chief and went into the problems with due process in both the old and new contracts, pointing to how the DOE plays political games with teachers.

http://www.youtube.com/watch?v=U1uGevRjTb0&feature=share&list=UU9iVb99ewF1omA6LbPUWEOg

http://iceuftblog.blogspot.com/2014/05/the-problematic-language-is-not-only.html

The “Problematic” Language is Not the Only Part of the Agreement that is Problematic

Absent Teacher Reserve

In order to fully understand the insidious nature of the proposed contract’s ATR provisions it is necessary to break down the language.

1. Definition. An ATR is anyone in excess after the first day of school
who is not a para or OT/PT.

2. Severance. A severance program is established in which an ATR can collect from 1 week of pay for 3 to 4 years of service up to 10 weeks of pay for ATRs with more than 20 years’ service. ATRs are only eligible for this program during a narrow 30 day window between 30 and 60 days of ratification of the contract.

Problematic: If, as Mulgrew stated at the DA, the contract is approved by the first week of June this entire window will be in the summer.

3. Interviews. Each year from September 15 through October 15 the DOE will make an effort to schedule interviews for ATRs with principals in their district/borough and license areas. After October 15 the ATRs may be sent to interviews. “An ATR that declines or fails to report to an interview, upon written request of it, two or more times without good cause shall be treated as having voluntarily resigned his/her employment.”

Problematic: This provision is unprecedented. There is no limit placed on the number of interviews or the length of time that the 2 failures to report must be committed. Additionally since the language is “declines or fails” the DOE need only document two missed interviews and the burden shifts to the teacher to convince an arbitrator (while receiving no pay since the teacher has been determined to have voluntarily resigned) that she had “good cause” for not showing up. There is no provision for “expedited arbitrations” and it appears the challenge to the DOE action of forcible resignation must go through the grievance procedure. If a teacher misses the first interview how will the DOE determine if it was with or without good cause. Glaringly omitted is any procedure for this determination. Under the provisions of our current contract a teacher may be brought up on 3020-a charges for an allegation of two missed interviews without good cause. Assuming the DOE would even try to dismiss a teacher for failure to attend an interview there is not an arbitrator on our panel that would even consider dismissal for the most egregious violation. Rather the UFT has joined with the DOE to effectively terminate a tenured teacher’s employment without the protections of 3020-a. The resulting grievance would not be decided using 3020-a or its history of protections. While Mulgrew might say “so be it” as he stated at the recent DA he and anyone who votes for this contract is basically saying you will not be protected.

This same provision applies to an ATR assignment only under the proposed contract you have only one chance to fail to appear for the assignment within 2 days or you will be considered to have voluntarily resigned. Again, the only way, under the language of the proposed contract to challenge the DOE’s determination that a teacher has failed, without good cause, to have appeared within 2 days is by way of the grievance procedure where the burden is on the teacher to prove good cause to sustain the grievance.

4. Assignment of ATRs. Two classes of ATRs are created under the contract proposal. One class, those ATRs who have a disciplinary history where by a finding or stipulation resulted in a suspension of 30 days or more or a fine of $2,000 or more and those who do not have such disciplinary history. Those with the discipline history are not required to be assigned to a temporary position (in other words left to the weekly humiliation of traveling as a sub from school to school).

Problematic: While the anti-teacher animus of creating this distinction is patently obvious it is clearly a disciplinary distinction which causes those ATRs with a disciplinary history to be further disciplined without any cause. The stigma of a past disciplinary record (teachers settle cases for a variety of reasons having nothing to do with guilt or innocence) carries forward. There is no time limit for the disciplinary history. Civil Service Law prevents allegations (except criminal ones) over 3 years to be used as the basis of discipline in a termination hearing yet a case settled or found more than 3 years ago can put you in this class. This sends a message to the arbitrators that you are to be treated differently should you have a history.

It is no secret that many arbitrations end in some level of finding even where teachers are have been found to be innocent of the major charge. Arbitrators are political beings and are sensitive to these distinctions.

5. Principal removal of ATR after assignment. Under the proposed contract a principal (not the teacher) has the complete discretion to return a teacher to the ATR pool. If the return is based on “problematic behavior,” defined as “behavior that is inconsistent with the expectations established for professionals working in school.” An ATR accused in two writings within two years of this “problematic behavior” may be accused of a “pattern of problematic behavior” which can become the basis of an “expedited 3020-a hearing” in which a hearing must be completed in one day (half day to each side) within 20 days that the teacher requests a hearing. The decision must be made within 15 days of the hearing date.

Problematic: Under our present contract there is a provision for time and attendance expedited hearings under 3020-a. These expedited hearings may not result in termination and while they were problematic on their own the issues involved (as far as the charges were concerned) were clear; you were either at work or not. The explanations were generally unconvincing to Marty Scheinman (an arbitrator selected by the UFT for these expedited hearing) but as long as teachers knew they weren’t going to be terminated they reluctantly accepted either the agreement or decision.

The proposed contract goes over broad. What is considered problematic is itself problematic. After I researched the term problematic behavior in the case law I found references to special education students who brought IDEA cases against the DOE for failing to provide needed services. These students’ behavior was termed problematic. For a teacher I could find no case involving problematic behavior so the arbitrators are left to discern this provision without our rich history of 3020-a hearings as precedent or guidance. While the burden still rests on the DOE (it is, after all a 3020-a hearing) the expedited nature of the proceeding might and probably hurt an accused teacher. There are no time limits for the DOE to provide charges or serve the written statements of problematic behavior. Under the language of the proposal there is no clear right to grieve the first (or second, for that matter) written notice of problematic behavior. Clearly, by definition, ATRs will have no relationship with the school they have been determined to be problematic yet they (and their representatives) will be put on a crash course to prepare for the hearing which might end in the ATRs termination. While Mulgrew cited the phrase “justice delayed is justice denied” as an argument for the diminution of our 3020-a rights the fact is there is no justice in ramming through a hearing that the accused has no time or ability to defend. This is class Star Chamber procedure.

The acceptance of this procedure as a perceived benefit signals our union’s position in future contracts where it appears all teachers will “enjoy” the benefit of expedited and ill-defined termination proceedings.

This proposal is anathema to the good order of the teaching profession and must be completely understood before it is blindly accepted.

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"A Black Agenda Radio commentary by Glen Ford

What media call "philanthropy" for the public schools are actually seed monies to establish a private "market" in publicly-financed education - an enterprise worth trillions if successfully penetrated by corporate America. Cory Booker, one of the "New Black Leaders" financed by the filthy rich, is key to creating a "nationwide corporate-managed schools network paid for by public funds but run by private managers.

"Ed Reformers" want to cash in on public education and to control its content and outcome, not improve it. Provide great education? Baby boomers had as close as this country has ever gotten to it when we were growing up. The Ed Reform Movement has no interest in seeing such a well-educated, democratically astute population ever again.

http://blackagendareport.com/content/cory-booker-clear-and-present-threat-public-education

History of the UFT Pre-Weingarten Years

This award-winning series of articles by Jack Schierenbeck originally appeared in the New York Teacher in 1996 and 1997.

Naturally, from a certain point of view. But, despite certain biases, Schierenbeck, a great guy, was one of the best NY Teacher reporters so this is worth reading. Jack suffered a debilitating stroke many years ago (I used to get secret donations to ed notes from him through a 3rd source.)

This chapter looks interesting:

Class struggles: The UFT story, part 3

“The schism in the union over radical politics [is] a major reason for stalling the growth of a teacher union for decades.” Revolutionary politics and ideology take center stage, as the original Teachers Union becomes a battlefield, pitting leftist against leftist and splitting the union.

Clarence Taylor's "Reds at the Blackboard" focused on the old Teachers Union which disbanded in 1964 after suffering from anti-left attacks.

Of course for another view, check out the review at New Politics of the Kahlenberg Bio on Shanker by Vera Pavone and me: Albert Shanker: Ruthless Neocon

Effective Union Organizing

A video series put together by Jason Mann from the British Columbia Federation of Teachers about social media and how to use it for effective union organizing.

The first series was called New Media For Union Activists Roadmap and it's still available on-line at:
http://www.newmediabootcamp.ca/welcome/
I watched some of them and need to rewatch as they are loaded with information.

The second series started last week and it's called "Online Campaigning for Union Activists"

You can sign up for this free series at :
http://act.bcfed.ca/online-campaigning-for-union-activists/

You Don't Have A Choice - Join the Revolt

Ex-Harlem Success Teacher Comments on Eva the Diva

Ex-HSA Teacher has left a new comment on your post "Fear and Loathing at Evil's Harlem Success Empire ...":

I am a former Harlem Success teacher. Not many people who work/worked for her like her very much. I once made the comment that she is very nice when I first was hired. Two of her closest colleague responded immediately almost in unison, "Eve is not nice!" Over time I realized that there was a lot of political games going on. Another colleague once said to me that he was tired of "being part of a political campaign." Sending out 15,000 applications for only 400 seats in a school is reprehensible. The money that paid for those mass mailings could have paid the yearly salary of another teacher not to mention the heartache of all those parents who applied but did not get a spot. She does good work trying to give disadvantaged students a quality public school education but at a great cost to staff AND the school's educational budget! school budget.

Davis Guggenheim Compared to Riefenstahl

“Waiting for Superman" is the second most intellectually dishonest piece of documentary work I have seen. It is surpassed only by Leni Riefenstahl's "Triumph of the Will," the pro-Hitler propaganda classic, in that regard. Uses personal narratives of adorable children to create narrative suspense that overrides public policy discussion with pure emotion in unscrupulous attack on teachers and their unions, among others

Timothy Tyson
Professor of African American Studies and History
Duke University

How Teaching Experience Makes a Difference

Even as New York Mayor Michael Bloomberg, Michelle Rhee and others around the nation are arguing for experienced teachers to be laid off regardless of seniority, every single study shows teaching experience matters. In fact, the only two observable factors that have been found consistently to lead to higher student achievement are class size and teacher experience, so that it’s ironic that these same individuals are trying to undermine both.
- Leonie Haimson on Parents Across America web site

Full article with charts here.

Weingarten/Gates Foundation announce drone-driven teacher evaluation

According to a press release issued by the Gates Foundation, the AFT and the Thomas B. Fordham Institute, these three have entered a ground-breaking partnership to evaluate teachers utilizing the drone technology that has revolutionized warfare in Iraq, Afghanistan, and Pakistan. A bird-size device floats up to 400 feet above a classroom and instantly beams live video of teachers in action to agents at desks at Teacher Quality Inspection Stations established by the AFT and the Thomas B. Fordham Institute.

When asked if the drones were authorized to drop bombs on teachers who exhibit inadequacy, Chester E. Finn, Jr., president of the Thomas B. Fordham Foundation, replied, "Don't be ridiculous. Gates money puts other methods at our disposal."

Randi Weingarten, president of the 1.5-million-member American Federation of Teachers said the powerful union has signed on to the drone project...

More at Substance

The Real Reason Behind Push for Standardized Tests: It's All About the Adults

On standardized testing in our schools

A must read article about the standardized test industry.
Written by an insider who has worked as a test scorer, the article outlines a multinational industry based on an army of temporary workers paid by the piece at $0.30 to $0.70 per test, translated in the need to grade 40 tests per hour to make a $12 salary. The article goes on to show how the companies gauge the grading "results" based on the need to ensure new contracts to continue profiting off of our youth. The original article is from Monthly Review. Here it is on Schools Matter blog.

http://www.schoolsmatter.info/2010/12/on-growing-use-of-corporate-test.html

Parallels between America today and Germany in the 1920's and early 30's

"Resentment and obstruction are all the right wing in America have to peddle. Their policies are utterly discredited. Their ideology - even by its own standards - is a sham. They are so bereft of leaders, their de facto leader is a former drug addicted, thrice-divorced radio talk show host. That is literally the best they can muster. But they have built a national franchise inciting the downwardly mobile to blame the government, not the right, for their problems, exactly as Hitler did in the 1920s."

The US Is Facing a Weimar Moment

Published on Sunday, March 15, 2009 by CommonDreams.org

Chicago View of Unity/UFT on Charters

After many meetings and debates, the Chicago delegation succeeded in working with the New York United Federation of Teachers, Local 2 (UFT) to push the AFT to take stronger stands on charter school accountability and school closings — though many delegates from Chicago would have liked the language to have been even stronger.

Generally speaking, the New York delegation represented organizing charters as the best model for handling their role in reshaping unions, despite the fact that according to many reports few charter schools in New York have been organized as is the case in Chicago. This logic is the same touted by the Progressive Caucus of the AFT. The few that have been organized are a part of the UFT local though they have separate contracts negotiated with the help of UFT. The Chicago delegation reflection the mindset that allowing new charters to continue to proliferate while attempting to organize existing charters is an end game in which public schools and the union lose.

Jen Johnson, CTU, Local 1 in Substance

Ed Notes Greatest Hits: HSA Rally and Founding of GEM

SEE MY VIDEO ON HARLEM SUCCESS RALLY 2009:
http://www.youtube.com/watch?v=fEp7rg_L5JI

Angel Gonzalez and I attended that rally and used the footage to promote our conference on Mar. 28, 2009, which is where the concept of a group like GEM emerged. Until then we had basically been a committee of ICE working with the NYCORE high stakes testing group. The actions of Eva and crew helped spawn GEM. Mommie Dearest!!

I have more video somewhere. I was hoping to get Leni Riefenstahl to edit it but she died. We would have called it "Triumph of the Hedge Fund Operators."

Ed Notes Extended

Thursday, May 8, 2014

The “Problematic” Language is Not the Only Part of the Agreement that is Problematic