Portelos Hearing: NY Post Reporter Reuven Fenton Commits Journalistic Malpractice

Yes, Reuven, the staff of IS 49 was so intimidated, threatened, manipulated, demoralized, and polarized that they elected Portelos chapter leader. Twice. While he was in the rubber room.

Re-Edited

NY Post hack reporter Reuven Frank, right, with NY Post Photog

I know some people are anxious to find out about Day 1 of the Portelos 3020 hearing yesterday.

But you won't find anything accurate in Reuven Fenton's laugh out loud hack job in today's NY Post.

When I arrived at the hearing around 10:45 I noticed a photographer, whose name I didn't get, lurking outside the building and heard the security guards talking about him. I knew immediately from his demeanor he was connected to the NY Post. I got the pic above during the lunch hour. Do you know why the Post is going broke? They send a photog to spend hours outside a hearing waiting to get a picture that would make their victim look menacing. (I bet a smiling Portelos would never appear in The Post.)

If you want to see the real Portelos, watch this video I shot of him speaking to and charming a packed room of a 100 people at a MORE event last February (his segment starts at 21:35 but you would do well to watch Harris Lirtzman's opening segment too).

https://vimeo.com/60555824



Exactly what hearing did Reuven Fenton attend? It wasn't the same one I and at least 2 other MOREista retirees attended. (I will get statements from them for our future reporting which will expose Fenton for his biased "reporting".) There also was a reporter for the morning session from I think Gotham who has not reported yet. (I also had to leave after the morning session but David Dobosz came back to cover the afternoon session.)

I want to point out that all parties had agreed not to publish any of the details of the hearing and we are going to adhere to that agreement so as not to throw any monkey wrenches into the work of Chris Callagy, Portelos' NYSUT appointed lawyer, who I've seen in action in the David Pakter and the Pat Dawson cases. There is no one I have more confidence in as a lawyer, so despite the vendetta against Portelos he has a puncher's chance with Chris Callagy in his corner.

The hearing officer will be the key of course. She seemed very pleasant - on the surface - but that makes no difference. I am convinced that no matter what the evidence presented on both sides, hearing officers often base their judgement on the believability and likeability of the accused.

Let me get to the crux of Reuven Fenton's journalistic malpractice (and I would warn any teachers out there who he seeks info from to boycott him).

I know reporters don't write headlines so let's put the blame on Post editorial for this one: More mischief from ‘rubber room’ teacher.

I actually did not hear one word of "mischief" and neither did my MORE colleagues. But we'll expose this in the future.

Someone tell me this is journalism where I highlighted hackisms in pink:

A Staten Island teacher who taunted the Department of Education by live-streaming video of his time in a “rubber room” continued to hog the spotlight at his termination hearing Thursday by inviting the media to watch. Francesco Portelos, accused of rampant insubordination at IS 49, opened the normally closed disciplinary procedure in hopes of extending his 15 minutes of fame. But the move blew up in his face, when he was not allowed to speak because it was the department’s turn to present its case.

I loved this line:

Unlike a normal trial, Portelos’ side will make its case at a later hearing.

What Fenton, (did he graduate from the 5-week training course offered by Reporters for America?)  doesn't  get it that in normal trials and in 3020 hearings, the prosecution goes first and cross-examination follows. And then the defenses presents. And this case is 3 days of hearings, which Fenton doesn't seem to realize. DOUBLE DUHHHH!.  Fenton won't be assigned soon to cover the courts.

Yesterday was about the presentation of the DOE chief witness, the principal of the school. She testified in the morning session for about an hour and a half and about 2 hours in the afternoons session.

So what exactly blew up in his face? And as for the "rampant insubordination" I had to hold myself back from laughing out loud at what was presented as "rampant insubordination."

As for "hogging the spotlight" Portelos sat quietly next to his attorney for the entire hearing.

There's even more hilarity in Fenton's report:

“[Portelos] used intimidation, threats, manipulation and false allegations to scare people into getting his way,” DOE attorney Jordana Schenkman said. Portelos, 34, allegedly made life hell for colleagues at the Staten Island middle school by slapping papers out of people’s hands, mass-e-mailing complaints and making false theft claims. “I was watching my staff become demoralized, polarized, intimidated,” Principal Linda Hill testified at the hearing.

Yes, Reuven, the staff of IS 49 was so intimidated, threatened, manipulated, demoralized, and polarized that they elected Portelos chapter leader.

Twice.

Elected while in the rubber room (the first time in history) -- meaning he was not allowed into the school  to campaign.

When principal Linda Hill tried to strong arm people into recalling and running against Portlelos this past spring she failed in her attempt miserably. No one ran against Portelos. I've been around schools for 45 years and know full well that even semi-competent principals can get someone to run for chapter leader -- her failure to do so is indicative of .... well, you'll hear all about it after the hearings conclude.

You see Reuven, this is what is known as REAL REPORTING. I hope they give you an extra week of training in the future --- at your next job.
 

Worth Reading: Charters, Chicago, Tenure, Testing

Lisa North reports: A rep from the NYC Charter School Center came up after and asked why NO UFT reps EVER come to these meetings! As I was walking away I realized it was because they can't talk against charters as they SUPPORT them! I think it is time for the UFT to have a different position on charter schools. They could say that they have run their own charter schools. From that experience they have learned that there is NO silver bullet to improve student learning. It takes resources to help struggling students like smaller class sizes, programs for parents, social supports for students and families, in school intervention programs, and high quality after school and summer programs, to name just a few. The UFT could call for a stop to all new charters and instead for the resources to be used for our struggling public schools. No one is blaming the current charter school teachers who mostly want to help students, it is just that the charter school experiment has NOT worked.

----Lisa North presented the case against charter schools, and for fully funding public education, at a hearing in Brooklyn on Tuesday -- reprint from the ICE blog.

Lisa works with GEM/ICE/MORE. James Eterno posted her complete report on the ICE blog:  TEACHER ACTIVIST LISA NORTH SPEAKS OUT AGAINST CHARTER SCHOOLS

Tuesday Lisa did the work the UFT should be doing. Really, that is why MORE/ICE/GEM/NYCORE exist -- to pick up what falls off the back of the UFT truck.

I could do a list of great stuff to read every day but there are people like Larry Ferlazzo doing an amazing job at Larry Ferlazzo’s Websites of the Day and also his best of 2012 so far.  I recently started checking Larry's work out and you can spend all day following the links.

==============
BREAKING from New York City Eye
8/22/12: CTU House of Delegates OKs Lewis Give 10 Day Strike Notice Capping a Week of Nasty Leaks From CPS
 ==============

Ed Notes is an education blog (duh!) but I don't have to worry about doing all the educating (that sounds arrogant -- I prefer "sharing").

Outrage at Christine Rubino Two Year Suspension for Facebook Transgression

When we last saw Christine Rubino, the New York State Supreme Court vacated the Department of Education’s penalty for comments she made on her private Facebook page. The penalty was termination. The arbitrator who came up with the penalty, Randi Lowitt, knew that this was the outcome the DOE wanted. She was probably the only arbitrator ever to have the head of the DOE’s Administrative Trials Unit, Theresa Europe, stare daggers at her throughout the hearing to ensure she came to the right decision. -- The Assailed Teacher

After Rubino appealed the decision, Manhattan Supreme Court Justice Barbara Jaffe overturned the termination as too harsh. While “offensive” and “repulsive,” Jaffe concluded, Rubino’s remarks were made outside the school building, after hours, and were only circulated among adult Facebook friends. Jaffe found no evidence that Rubino meant the kids any actual harm or that her outburst “affected her ability to teach” — and sent the matter back to Lowitt.---- NY Post

Did Edelman EVER question how much the DOE is spending to get rid of a quality teacher? --- Ed Notes

Good for Judge Barbara Jaffe. Remember how Walcott and Bloomberg thought the arbitrator in the turnaround case was wrong or how the arbitrators who did not fire teachers were wrong. And how Bloomberg lamented how rare it is for the courts to overturn the rulings of arbitrators?

CHRISTINE RUBINO FUND: DONATE HERE

Today is Christine Rubino blogging day for a group of NYC bloggers who support Christine. See Afterburn for the others blogs today so far.

There are a number of villains in the Christine Rubino story but she is not one of them. Hmmm, where do we start?

Villain 1: Theresa Europe and her ATU lawyers
When looking for villains I always go with Theresa Europe, the evil head of the DOE’s Administrative Trials Unit.

Europe would send Jesus to the cross to embellish her conviction stats to continue to justify the existence of the office she is leading into infamy. Rather than focusing on the so-called "bad" teachers, she instead has spent enormous amounts of money trying to get rid of highly skilled teachers who might have committed a minor transgression that in the old days might call for a letter in the file. She has taken things to such a level, even the courts, which rarely overturn decisions, have been doing so. See my post: Courts DO Overturn Arbitrator's Decisions in Bloomberg's Kangaroo 3020a Hearings.

One of Theresa Europe's "innovations" at the ATU has been to look deep into the past to try to pile on charges like "he peed on the toilet seat -- we have the video to prove it." One of the best I heard was at Patricia Dawson's 3020a hearing where a story about her walking around with a bat was brought up to give the impression she was looking to bash a kid -- or her principal's - head in when in fact she was celebrating Herman Melville day by using the bat to imitate Captain Ahab.

Why did Europe spend so much time at this hearing -- a major misuse of DOE funds? To intimidate teachers into not having open hearings. I know, I know, Sue Edelman attended this one and we know that she would gladly join Europe in putting nails into Jesus but by opening the hearings you demonstrate you believe you are innocent and you also put everyone on the spot for follow-ups, especially DOE lying bastard witnesses. So keep em open I say and let Europe stew.

We are seeing the results of Europe's witch hunts and it is important to get the word out to the public that they are going after good teachers. I used the PEP meetings I went to this year to challenge Walcott on persecution of good  teachers in that public forum, pointing out that he was sanctioning a policy that would taint the only method of actually removing tenured teachers who should be removed. Imagine the costs for this shotgun approach when the funds could be used to conduct honest and thorough investigations?

Christine Rubino's crime of the century
So what exactly did Christine Rubino do? She made a comment that many frustrated teachers might make after a tough day, the kind of comments you might hear in any teachers room. But she did not make this comment in a teacher room but on Facebook.

"After today, I’m thinking the beach is a good trip for my class. I hate their guts."

The comment was made the day after a 12-year-old girl drowned at the beach on a class trip. Remember the first year teacher of that class who was nontenured was scapegoated and fired while the Assistant Principal in charge who opted out of going on a trip he planned and was supposed to attend was demoted to a teacher. And the principal escaped until he did something else wrong (and is now running a charter school).

NYSUT lawyer Chris Calegy in another facebook case made the important point about what teachers can say in a teachers room vs Facebook. What's next, recording devices in teacher rooms? Lowlife snitches taking time out from drooling over their sandwiches to run to the principal crying, "Norm Scott just walked and said he wants to kill he entire class?" SWAT teams surround the building? I'm not kidding here. You just watch for an upcoming case where teacher room comments are used to fire a teacher.

Europe had her loser lawyers dig up other charges --- one of their top ten hits is to find ways of charging the teacher with trying to cover up. Thus even though Christine's friend lied and claimed she had written the FB post, Christine was the one accused of lying.

The Assailed Teacher pretty well sums up our view of the DOE lawyers:

The DOE lawyers will introduce the charges, then they will introduce more charges that they never showed you or your lawyer beforehand. They will then ask the arbitrator, and receive from the arbitrator, permission to add more charges, evidence and witnesses as the hearing progresses. They literally make it up as they go along. Many of these DOE lawyers would be selling apples in the subway if this 3020a process did not exist. They call themselves lawyers, but they are more like law school dropouts and graduates of online JD courses, where all one needs for a degree is a printer and mouse that clicks. And why not? The DOE does not need good lawyers when the process is so skewed in its favor. --The Assailed Teacher

Talk to Francesco Porteles about his charges, a list of which will make you roll on the floor. Something like he used voodoo to spook some computers. Theresa Europe will have her ace lawyers find some chicken bones to cinch the voodoo charge.

Villain 2: Sue Edelman and the NY Post
How about NY Post reporter Sue Edelman who would open a teacher's vein if that would embellish another dishonest story? Take this from her latest outrage:

A Brooklyn teacher fired for posting “repulsive’’ Facebook comments suggesting her misbehaving students should drown now faces only a two-year suspension without pay.

Gee, ONLY a 2-year suspension without pay. Just a little bit of editorializing there Sue. How about a 2-year suspension without pay for Edelman for distorted reporting? Her crime is way more serious than Christine's as Edelman violates basic rules of professional reporting and public responsibility given the ability of the press to influence public opinion. That is why juries are so hard to pick in the real world instead of the make believe justice in the DOE.

It should be fun to watch the political house of cards come down on Rupert and he lets the Post slip into sewer it crawled out of.

Want to see some great reporting on Christine's case? The Assailed Teacher has been relentless in reporting the facts. Here's a fact:

Edelman brought a photographer with a telescopic lens to stalk 51 Chambers Street in order to catch a "candid" photograph of Christine Rubino.

Make sure to tell the photographer to get the very worst photo they can get to make the teacher look guilty.

Villain 3: Randi Lowitt
What can you say about this character who is smacked down by a real judge? How about a 2 year suspension from being an arbitrator for making dumb-ass decisions? And by the way, the union has the ability to use its blackball but probably won't. (The DOE blackballed the great arbitrator who ruled in favor of David Pakter.)

Assailed Teacher continues:

Throughout her entire hearing, Christine was remorseful about what she had said. At no point did she stand by her words or try to defend them. She owned up to her actions for what they were: a mistake, a lapse of judgment, a regrettable action. This was not enough for the DOE or Randi Lowitt or the media or the lynch mob of public opinion. Terminate her, ensure her children starve and never allow her around children again. Meanwhile, the accused child molester who ratted her out gets to work another year in a public school building. Way to go, all of you.

.... the DOE releases information to Sue Edelman so she can do one of her trademark hatchet jobs...Sue Edelman of the Post wrote another article about the case today[about] the two-year suspension. The arbitrator's new ruling really harped on Christine's supposed "lying" to investigators, even though it was her friend who did the "lying" on her own without the blessing, knowledge or collaboration with Christine. Edelman mentions this "obstruction" charge in her article.

In other words, the entire basis of the original charge seemed to disappear in the ruling to suspend Christine without pay by arbitrator Randi Lowitt who was so burned by the overturning of her decision to have Christine fired that Lowitt decided to make her lose her house, bankrupt her and maybe cause her kids to starve.

Randi Lowitt’s new decision reads like something written by a woman scorned, an arbitrator who had her ridiculous ruling overturned, a primal scream of vindictive pettiness. She makes very little mention of Christine’s Facebook comment and, instead, bases her two-year suspension on the fact that one of Christine’s friends lied during the investigation.-- Assailed Teacher

Villain 4: The principal

I'll let Assailed T tell this one:

who is this coworker who informed on Christine Rubino? A man who is currently awaiting his own 3020a hearing for abuse charges that could wind him up in prison. This is one of the seedy underbellies of school politics. There are informants in every building. Usually, the informants are those with lots to hide: either they are creeps or incompetent. They play the role of informant because that is what gets them through another year. It is the only role that they are able to play, one that shines the spotlight on others in order to take it off themselves. It is a system conducive to destroying good teachers while protecting the worst our profession has to offer.
Of course, these informants would not have any power if not for a principal who feeds into their informing. In my experience, most administrators are happy to have a few glad-handers and back-slappers on their staffs, ones who share gossip in hushed tones in the principal’s office.
And then there is the matter of what the principal did with this information. Despite the lines that principals run that they do not have a choice but to call in complaints to the DOE, there is always a choice. A human being with people skills might have called Rubino into her office, asked about the post and gave her a reminder of professional conduct outside of school hours. At the very worst, the principal could have given her a letter in the file. The transgression did not warrant anything more than some sort of in-house disciplinary action.

One interesting sidenote here is that the long-time now retired principal of PS 203K was the late Sidney Aronson who was married to Woody Allen's sister Letty Aronson who now produces his movies. I know of a case of a teacher at the school many years ago who was accused of some nonsense that took place outside the school hours and we were outraged that he put a letter in the teacher's file. But basically Aronson, being old school, had a decent rep, unlike the little monster principals running around today.


Villain 5: The Union
Aside from the fact that Rubino’s original, union-appointed (NYSUT) lawyer advised her to resign at the outset of the hearing (like telling someone on trial for a murder they did not commit to pull the trapdoor on the gallows with them standing on it) how could we let a story like this go without putting some heat on NYSUT/UFT?

It is my belief that if the union shone a spotlight on a tainted system that persecuted innocent and quality teachers and proudly declared they would rigorously defend teachers under any circumstance (except for the most egregious) and fight for penalties to be lodged against DOE lawyers and OIS investigators who made up charges on the fly, they would cause the DOE to be a little more careful about going after the jobs of teachers like Christine. And also that they would provide financial support for teachers to fight certain cases in court.

If only the union said "that is our job" and stopped worrying about how such a stand looked to the public and stopped worrying about the NY Post and all the other slugs attacking them -- which they do no matter how they snivel around.

Rubino fired her union attorney and hired former NYSUT lawyer Brian Glass, who also handled the Peter Lamphere successful court case overturning his illegal U rating. Now Peter did get some financial help from the UFT but not for both U suits, so he had to create a defense fund.

Many years ago, just as their terms as ICE reps on the UFT Exec Board were running out, Jeff Kaufman and James Eterno offered a suggestion that the union hire paralegals to do investigations immediately and not leave them solely in the hands of the DOE and OIS people who are directed by DOE lawyers to find ways to fire teachers for spitting on the sidewalk. Of course it was laughed at. Imagine the check and balance that would create on the DOE? Imagine also law suits directed at Theresa Europe and her gang and all the supervisors who are caught lying under oath? Only a proactive, aggressive stance by the union will give the future Christine Rubino's a fair shot.

A union really interested in defending teacher rights would help her but they let her drown financially end emotionally. She is no longer a working teacher and no longer a union member so they don't care despite the fact she is fighting for every teacher who becomes a target.

I know some of your own colleagues might take a hard tack that Christine made a serious error. She admits that, though frankly I have heard all kinds of venting in teacher rooms. And Facebook may be the new teacher room. In essence teacher rights to vent and rant in social media are under assault. I guess given that we have Gitmo still operating, any rights still left should be cherished.

A Paypal account has been established to help Christine and her family. Please, give whatever you can.

DONATE HERE

Remember:

• Christine took down her comments a few days after posting them, before any investigation or accusation was made against her. Throughout the hearing, she never defended or stood by her words. She was remorseful from start to finish.
• The DOE threw more accusations against her during the course of the hearing, things that took place years ago that never resulted in any disciplinary action back then, had no bearing on the case and were basically lies on the part of the DOE.
• Theresa Europe, head of administrative trials for the DOE, was at the hearing daily staring at arbitrator Randi Lowitt.
• Christine Rubino never lied once during the investigation or hearing, yet lying was one of the factors Lowitt used to terminate Christine. It played an even more prominent role in this most recent Lowitt decision.
• Christine is a single mother with two children. She has already lost her house as a result of this termination. Now, she faces another year of being unable to make a living or support her children. 

Afternurn

The Arbitrator's original decision can be found here.
Barbara Jaffae,  ruling
 (Thnks Chaz).

More Blogs about Christine Rubino
The Assailed Teacher
The Human Cost of Teacher Bashing: The Christine Rubino Case
The DOE’s Long War on Christine Rubino

Perdido Street School:  A Two-Tiered Justice System

SOUTH BRONX SCHOOL

If Only Christine Rubino Were Either Michelle Rhee, Mychael Willon, Derrick Townsend, John Chase JR, or Jose Maldanado-Rivera

Chaz's School Daze

The Christine Rubino Facebook Decision And Why The Arbitrator's Award Is Excessive.   

NYCDOENUTS: Rubino Plans To Appeal the Two-Year Suspension

Betsy Combier: here and here and here.

Francesco Portelos: The Christine Rubino Story

Clarence Taylor's Reds at the Blackboard - a History of the NYC Teachers Union

I've been reading Clarence Taylor's new book along with Marjorie Murphy's Blackboard Unions a basic history of teacher unions from 1900-1980. These are both must-read books for any union activist. Taken together, these books present a shocking account of what our union brothers and sisters mostly sisters in the early days) went through during the WWI and post WWII red scares, along with the attacks on teachers and other public workers during the depression - and surprise - Roosevelt wasn't on our side. These books are really must-reads to put into context the current attacks taking place on teachers. How interesting to read of the hundreds of NYC teachers fired in the 1950's - some acclaimed teachers - for their political activity alone.

The TU was so weakened by the attacks (and mistakes it made) that when the UFT was formed out of the Teachers Gild (what a lesson on how this group functioned - it explains a lot about how the UFT works today) and the High School Teachers Association, the TU lost to the UFT in the bargaining election. TU later evolved into Teachers Action Caucus in 1968 to become the official opposition to Unity and around 1990 merged with New Directions to form the current New Action  - there's a lot of history in the background behind the New Action sell-out to Unity in 2003. I was telling this story yesterday to some of the young teachers in the New Teacher Underground and they were eating it up.

I've been waiting for the Taylor book for years. I've known his twin brother Larry, just retired chapter leader of Art and Design HS (David Pakter's Chapter leader for reference) for years through union activism (Larry is one of the best people I've met in the union) but only met Clarence last summer at a forum on the 1968 strike.

Weds night I and a bunch of GEM/ICEers are going over to this book party. ICE will be sponsoring a future study group on both the Taylor and Murphy books.


July 13th, 2011 7:30 PM

BOOK PARTY / FORUM

Reds at the Blackboard

Communism, Civil Rights and the New York City Teachers Union

Clarence Taylor

The New York City Teachers Union shares a deep history with the American left, having participated in some of its most explosive battles. Established in 1916, the union maintained an early, unofficial partnership with the American Communist Party, winning key union positions and advocating a number of Party goals. Clarence Taylor recounts this pivotal relationship and the backlash it created, as the union threw its support behind controversial policies and rights movements. Taylor's research reaffirms the party's close ties with the union—yet it also makes clear that the organization was anything but a puppet of Communist power.

Reds at the Blackboard showcases the rise of a unique type of unionism that would later dominate the organizational efforts behind civil rights, academic freedom, and the empowerment of blacks and Latinos. Through its affiliation with the Communist Party, the union pioneered what would later become social movement unionism, solidifying ties with labor groups, black and Latino parents, and civil rights organizations to acquire greater school and community resources. It also militantly fought to improve working conditions for teachers while championing broader social concerns. For the first time, Taylor reveals the union's early growth and the somewhat illegal attempts by the Board of Education to eradicate the group. He describes how the infamous Red Squad and other undercover agents worked with the board to bring down the union and how the union and its opponents wrestled with charges of anti-Semitism.

Clarence Taylor is professor of history and black and Hispanic studies at Baruch College and professor of history at the Graduate Center, City University of New York. He has written or edited several books, including The Black Churches of Brooklyn and Knocking at Our Own Door: Milton A. Galamison and the Struggle to Integrate New York City Schools.

Please Forward Widely
The Brecht Forum
451 West Street (Between Bank and Bethune)
212-242-4201
Register here: www.brechtforum.org

Wednesday, July 13

7:30 pm

BOOK PARTY / FORUM

Reds at the Blackboard

Communism, Civil Rights and the New York City Teachers Union

Clarence Taylor

The New York City Teachers Union shares a deep history with the American left, having participated in some of its most explosive battles. Established in 1916, the union maintained an early,...

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Check out Norms Notes for a variety of articles of interest: http://normsnotes2.blogspot.com/. And make sure to check out the side panel on right for news bits.

Pakter Vs. NY Post/NYCDOE: Supreme Court June 16 Hearing at 9:30 AM before Justice Cynthia Kern

We know how teachers feel about the NY press, but they have a particular feeling about Rupert Murdoch's NY Post. For those who can make it to this hearing, the big UFT rally at City Hall is the afternoon of the 16th so make it a twofer.- Norm



On March 21, 2010 The NEW YORK POST printed a story that included the statement that Mr. Pakter had been removed from the NYC schools system for quote "sexual misconduct"- a knowingly false statement since the paper had previously written about Pakter in another article about NYC Teachers in March of 2007.

The newspaper attempted to retract the false and Libelous statement one week later on March 28, 2010 by publishing a "Correction" Notice in a later Edition that included the words that the newspaper had, quote:

"incorrectly stated the allegations against David Pakter. The Dept of Education only alleges that he was insubordinate. Pakter claims he brought in a plant and offered watches as honor-roll incentives".

_______________________________________________________________

Mr. Pakter has already filed a $ 10,000,000 (Ten Million) NOTICE OF CLAIM against the NEW YORK POST newspaper as well as the NYC Dept of Education for the publication of false, libelous, defamatory, slanderous statements".

Both the NEW YORK POST newspaper as well as the NYC

Dept of Education have been served with papers to appear in

NY State Supreme Court

on June 16, Wednesday

at 80 Centre Street, Manhattan,

Room 328, at 9:30 A.M.

State Supreme Court Justice, the Hon. Cynthia Kern, Presiding

Friday News- Fightbacks, Excessing and Moving of ATRs to New Schools

I've been out of town since Tuesday so a bit out of touch. Returning later today. Lots of stuff today. Here are a few items but check Norms Notes for articles and info I've been throwing up there this week.

• Fight back Fridays continues at many schools and will continue through the end of the year.
• 
  
• Today at least 3000 students according to reports are supposed to leave their high schools at 1pm, go to Tweed and then march over the Brooklyn Bridge to protest the Metro card issue - see sidebar.
• 
  
• Today is the election in Chicago - look for major attacks on CORE if they win. Look for AFT Randi/Duncan buddies/ politicians/press to do what they can to undermine CORE. See how NY Teacher reports this where a group that touches base with the anti-Unity forces in NYC. Also look for Gotham Schools which will report on any young teacher who trashes unionism continue to ignore these young Chicago teachers standing up for unionism. Looking for that funding gig from another hedge fund does not lead to fair reporting. They will have 10 trashy pieces from the NY Post and ignore Substance as a legit news source.
• 
  
• David Pakter reports all charges dropped - see post below this.

• A press release from Peter Lamphere, CL of Bronx High, who led a protest yesterday at Bloomberg's home: See GEM for pics and details:
  

  Bronx Science Teachers Tell Bloomberg: Stop Harassment and Abuse

And these 2 emails -

Norm
IS THE DOE CHANGING SCHOOLS FOR THE ATRS? ATRs are reporting that they are being reassigned to new schools.

Jeff Kaufman has info at the ICE blog,
Change to Open Market Screen Hints of Lay-offs which had some comments:

"Jeff - You are RIGHT. I am and ATR and for next year I am supposed to report to a different school. This is outrageous. I think they are trying to get rid of us. I work in Brooklyn and if I am not mistaken-- they are sending me to The Bronx."

James Eterno had some advice:
"They have to keep ATRS within their districts. You should not be sent from Brooklyn to the Bronx unless you are in a citywide district."

Then this from a para:
Norm
As of yesterday 5 teachers have been excessed from my school. Its starting to get scary, larger class sizes 3 more possible layoffs and today I received this e-mail from the UFT ! Goodness what are they doing? I believe Paras are special ed are next on the cutting block.

Look what the pathetic UFT is asking people to do when they should have been asking to have every member of the corrupt State Board of Regents hung by the neck or water boarded in public.

UFT E-mail

Protect special education services for kids!

Dear colleague,

The State Board of Regents is voting in June on several cost-containment proposals (also known as “mandate relief”) that will directly affect your jobs and the students with disabilities that you serve.

On the table are three dangerous proposals:

1. To allow schools to place more than 12 students in integrated co-teaching classes;
2. To eliminate minimum service requirements for speech services; and
3. To relieve schools of the legal obligation to give teachers and service providers a paper or electronic copy of their students’ IEPs.

These changes are being proposed to save money, not to help kids.

Let the Board of Regents know what you think of its plans for special education before the changes are voted on. You can personalize the letter by adding your own message based on your experience and viewpoint as a paraprofessional.

Go here to send an online letter to each member of the Board of Regents.

Sincerely,

Shelvy Young Abrams
Paraprofessional Chapter Leader

Carmen Alvarez
Vice President of Special Education

Charges Against David Pakter Dismissed

Breaking News: For Immediate Release

Charges Against David Pakter Dismissed



After A 6 Year "David Versus Goliath" Contest,

A New York State Impartial Trial Arbitrator

Has Dismissed the Absurd NY State Education Dept. Charges Made Against A Former NYC "Teacher of the Year"

A Major Victory for Every Teacher in America




_________________________________________________________________________________


David Pakter, A NYC Whistle-blower, Decorated by Former Mayor Rudolph Giuliani for "Exceptional Achievement" in Education, has fought for years to be vindicated of the Retaliatory, knowingly bogus Charges brought against him after he wrote a letter to Schools Chancellor Joel Klein, on Oct. 2, 2003, alerting him to serious Federal Civil Rights Violations in New York City Schools.

_________________________________________________________________________

In a crushing blow to New York City's Schools Chancellor Joel Klein, who had sought for years to have Mr. Pakter fired, the Hearing Officer dismissed such preposterous charges against the Educator of Medical Illustration as the charge he had brought a plant to school, allegedly without getting official permission and awarding fashion watches to high achieving students, something Pakter had been doing for three decades.

He was also charged with giving a gift to a school aide and showing the film, "El Mariachi" by Robert Rodriguez, an Internationally known Director, to one of his High School classes. The film has been the recipient of a multitude of Cinematic Awards around the world and launched the career of Robert Rodriguez.

The charge that Mr. Pakter stopped reporting to a small, windowless, so-called "Rubber Room" after years of being ordered reassigned to such punitive assignments, where Teachers just sit all day, was not considered in today's verdict.

Mr. Pakter was a Lead Plaintiff in a Federal Lawsuit to shut down these teacher "Gulags" which New York City has announced will cease to exist after this school year ends.

These so-called "reassignment centers" were widely seen as a means to punish Teachers as well as instill fear in those who spoke out and reported wrongdoing as well as corruption and unethical behavior within the 23 Billion dollar NYC schools system.

The charge that Mr. Pakter had allegedly tried to influence a Dept of Education employee to furnish him with a printout of his personal work history on an expedited basis was also not considered in today's decision.
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For the past several months the NYC Dept of Education had been attempting to pressure Mr. Pakter to resign by offering to drop all the absurd and contrived charges made against the Award winning Educator- all of which offers were rejected by Mr. Pakter who insisted on a verdict regarding the pending charges alleged against him.

Mr. Pakter has brought Federal Lawsuits against the New York City Dept of Education seeking tens of millions of dollars in Damages.

At one point the City attempted to remove Mr. Pakter from his position for a year claiming he was not Medically "fit for duty", by having Dept of Education doctors intentionally suppress and alter their own Test Results reflecting Mr. Pakter's stellar results of fitness.



That decision was challenged by Mr. Pakter and he eventually was awarded a year of back pay plus interest. Most of the City doctors who were responsible for knowingly Railroading Mr. Pakter have all since left the the NYC Dept of Education Medical Office including the Medical Director who personally signed the letter that falsely claimed Pakter was not "fit for Duty". One year later that same Medical Director recanted that knowingly false and erroneous conclusion in a signed statement.

On March 21, 2010 The NEW YORK POST printed a story that included the statement that Mr. Pakter had been removed from the NYC schools system for quote "sexual misconduct"- a knowingly false statement since the paper had previously written about Pakter in another article about NYC Teachers in March of 2007.



The newspaper attempted to retract the false and Libelous statement one week later on March 28, 2010 by publishing a "Correction" Notice in a later Edition that included the words that the newspaper had, quote:



"incorrectly stated the allegations against David Pakter. The Dept of Education only alleges that he was insubordinate. Pakter claims he brought in a plant and offered watches as honor-roll incentives".

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Mr. Pakter has already filed a $ 10,000,000 (Ten Million) NOTICE OF CLAIM against the NEW YORK POST newspaper as well as the NYC Dept of Education for the publication of false, libelous, defamatory, slanderous statements".



Both the NEW YORK POST newspaper as well as the NYC Dept of Education have been served with papers to appear in NY State Supreme Court on June 16, at 80 Centre Street, Manhattan, Room 328, at 9:30 A.M. before State Supreme Court Judge, the Hon. Cynthia Kern.
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The David Pakter Charges


Please note my response to each charge appears in CAPITAL LETTERS.

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OFFICIAL NYC DEPT OF EDUCATION CHARGES AGAINST DAVID PAKTER

SPECIFICATIONS

( Important Note: Virtually all of the following charges, (except the charges relating to attendance at the small windowless Rubber Room located in Harlem), were shown and proven at Trial to be either outright lies or distortions of fact to such an extreme degree as to make the charges little more than knowing falsehoods.)

NOTE ALL MY RESPONSES & COMMENTS ARE IN UPPER CASE/CAPS

_____________________________________________

Below is a Verbatim Copy of ALL NYC DOE Charges against David Pakter

DAVID PAKTER (hereinafter referred to as "Respondent") is a tenured teacher, under File # 407530, Social Security # XXX-XX-XXXX, formerly assigned to The High School of Fashion Industries in Manhattan. During the 2006-2007 school year, Respondent engaged in misconduct and was neglectful of his duties as follows:

In Particular:

SPECIFICATION 1: In or about October and/or November of 2006, Respondent promoted his and /or his family's watch business during school hours. DISMISSED



I INFORMED STUDENTS (AS I HAVE FOR 3 DECADES) THAT ANYONE WITH A 90% AVERAGE WOULD EARN A WATCH DESIGNED BY PAKTER

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SPECIFICATION 2: In or about October and/or November of 2006, Respondent gave watches as gifts to students during school hours. DISMISSED

YES, YES AND YES- LIKE JOEL KLEIN GIVING OUT CELL PHONES

______________________________________________

SPECIFICATION 3: In or about October and/or November of 2006, Respondent gave a watch to School Aide during school hours. DISMISSED

ABSOLUTELY YES- I GAVE A WATCH TO A SCHOOL AIDE DURING MY LUNCH BREAK

ISN'T THAT MY CONSTITUTIONAL RIGHT OR DO I NEED THE PERMISSION OF THE NYC DOE EVEN TO GIVE SOMEONE A GIFT.

The official New York City Ethics Charter states I violated no Rule or Regulation but I was charged despite that fact.

____________________________________________


SPECIFICATION 4: In or about October and/or November of 2006, during class time, Respondent:

(a) Talked about his and/or his family's watch business.

DISMISSED

(b) Provided the watch website address.

DISMISSED

(c) Showed students a book and/or a brochure and/or a catalog of watches.

DISMISSED

(d) Said words to the effect that he would give a watch to any student who achieved a gradepoint average of 90% or better.

DISMISSED

(e) Showed two watches to students.

DISMISSED

(f) Talked about his personal life.

DISMISSED

(g) Said words to the effect that he was fired from The High School of Art and Design for being a whistleblower.

DISMISSED

I STRONGLY ENCOURAGED STUDENTS TO STRIVE TO GET ON HONOR ROLL AND PROMISED THEM FASHION ACCESSORIES AS AN INCENTIVE AS I HAVE DONE FOR THE PAST 30 YEARS TO THE DELIGHT AND DEEP APPRECIATION OF COUNTLESS NYC DOE SCHOOL PRINCIPALS.



ALL ABOVE FALL WITHIN MY FIRST AMENDMENT RIGHTS RE FREE SPEECH.

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(h) Showed the class an "R" rated movie.

DISMISSED

FILM WAS R-RATED EXACTLY FOR THE SAME REASONS AS "SCHINDLER'S LIST", "SAVING PRIVATE RYAN", "THE PIANIST", ETC ETC ARE, R-RATED AS WELL AS THE DOZENS OF AWARD WINNING FILMS I HAVE SHOWN TO CLASSES FOR 37 YEARS WITH THE FULL KNOWLEDGE OF PEERS AND COUNTLESS NYC DOE PRINCIPALS I SERVED WITH DISTINCTION WHO RESPECTED MY GOOD JUDGEMENT TO SCREEN FILMS THAT CONTAINED STRONG LIFE LESSONS.

IMPORTANT NOTE: THE ABOVE ABSURD CHARGE ALSO BRINGS UP POSSIBLE CONSTITUTIONAL VIOLATIONS PERTAINING TO CENSORSHIP. ALSO TARGETTING TEACHERS BY ACCUSING THEM OF SHOWING A FILM IS AN OLD AND TIRED TACTIC OF THE NYC DOE.



THUS SUBCHARGE (h) VIOLATES AND GIVES RISE TO AT LEAST TWO CLEARLY SERIOUS CONSTITUTIONAL ISSUES.

IMPORTANT NOTE: THIS CHARGE WAS WITHDRAWN BY THE CITY

_____________________________________________

SPECIFICATION 5: In or about November of 2006, Respondent had two trees delivered to the school despite being previously told by Assistant Principal Giovanni Raschilla to wait until he discussed the matter with Principal Hilda Nieto. DISMISSED

THE ABOVE TOTALLY AND INTENTIONALLY DISTORTS FACTS

- I HAND CARRIED TWO SMALL ARTIFICIAL PLANTS IN WICKER BASKETS TO SCHOOL ON MY LUNCH HOUR WHICH I PLACED OUTSIDE DOORS TO THE SCHOOL AUDITORIUM WHERE EVERYONE AGREED THEY LOOKED TOTALLY GREAT AND VASTLY IMPROVED THE AMBIANCE OF THE SCHOOL LOBBY.

VERY INTERESTINGLY NO WHERE IN RICHARD CONDON'S SPECIALLY PREPARED SCI REPORT PREPARED FOR CHANCELLOR JOEL KLEIN IS IT MENTIONED THAT ON THE SAME DAY I PLACED THE TWO PLANTS OUTSIDE THE SCHOOL AUDITORIUM I ALSO HAND DELIVERED A LARGE BEAUTIFUL SILK PLANT, ALSO IN A WICKER BASKET TO PRINCIPAL HILDA NIETO'S OFFICE AND GAVE THE PLANT TO HER SECRETARY, MS. TUCKER REQUESTING SHE GIVE THE GIFT TO THE PRINCIPAL TO DECORATE HER OFFICE.

THE PLANT GIVEN TO THE PRINCIPAL WAS NEVER MENTIONED IN THE SCI REPORT AND I WAS NEVER CHARGED WITH GIVING PRINCIPAL HILDA NIETO A SILK PLANT BUT I WAS CHARGED WITH GIVING A GIFT TO A MINIMUM WAGE SCHOOL AIDE.



NIETO NEVER THANKED ME, VERBALLY OR IN WRITING BECAUSE SHE KNEW THAT IT WOULD PREVENT ANY PLANT CHARGES FROM BEING MADE AGAINST ME.

ALSO THE SCI REPORT TO KLEIN DID NOT MENTION THAT I BOUGHT AND HAND DELIVERED MYSELF, SEVERAL PLANTS IN BASKETS TO THE MAIN SCHOOL OFFICE WHERE I HAD TO SIT ALL DAY WHEN I WAS NOT COVERING CLASSES AS AN ATR SUBSTITUTE TEACHER.

ON THE DAY I WAS REMOVED, THE PLANTS I HAD PERSONALLY PURCHASED, PAID FOR AND PERSONALLY DELIVERED AND INSTALLED AT THREE DIFFERENT LOCATIONS IN THE SCHOOL WERE STILL THERE EXACTLY WHERE I HAD PERSONALLY PLACED THEM



NOTE THAT THE PLANT GIFTS TO THE PRINCIPAL'S PRIVATE OFFICE AND ALSO TO HER MAIN SCHOOL OFFICE ON A DIFFERENT FLOOR IN THE SCHOOL BUILDING, WERE NOT INCLUDED IN THE 3020-a SPECIFICATIONS.



THINK ABOUT HOW EVIL AND MACHIAVELLIAN THAT MAKES THESE PEOPLE AND THE NYC DEPT OF EDUCATION IN GENERAL.



BUT IN ANY EVENT ISN'T IT MY CONSTITUTIONAL RIGHT TO BE TREATED IN THE SAME FASHION AS ANY OTHER TEACHER IN NYC WHO DECIDES TO DECORATE HIS/HER CLASSROOM AND/OR SCHOOL.

IN SHORT WE ADDRESS HERE THE CONCEPT OF EQUAL TREATMENT AND EQUAL PROTECTION UNDER THE LAW AND THE UNITED STATES CONSTITUTION



SHOULD SOME TEACHERS BE ALLOWED TO BRING A PLANT TO SCHOOL AND NOT OTHERS?

NOTE: THE WEEK I WAS REMOVED I WAS ABLE TO GET GIOVANNI RASCHILLA, MY A.P. ON TAPE ADMITTING TO UFT CHAPTER LEADER JACK SANCHEZ THAT HE, RASCHILLA, KNEW THE WHOLE PLANT BUSINESS WAS ILLEGAL AND THAT HE WOULD REMOVE THE PLANT LETTERS FROM MY FILE IMMEDIATELY AS UFT SANCHEZ DEMANDED.

________________________________________

SPECIFICATION 6: Respondent's actions caused widespread negative publicity and notoriety to the High School of Fashion Industries and the New York City Department of Education in general when his unprofessional behavior was referenced in the UFT Newspaper.

THIS IS THE FAMOUS CHARGE THAT RANDI WEINGARTEN ORDERED NYSUT TO WRITE A PROTEST TO CHANCELLOR JOEL KLEIN ON OCTOBER 24, 2007 TO WHICH KLEIN NEVER RESPONDED BUT WHICH THE NYC DEPT OF EDUCATION LATER WITHDREW RATHER THAN BE FORCED TO FIGHT THE UFT IN COURT OVER A FIRST AMENDMENT ISSUE.

WITHDRAWN



SPECIFICATION 7: During the 2006-2007 school year, Respondent was absent ninety-eight (98) times from work. (Rubber Room)

SPECIFICATION 8: During the 2006-2007 school year, Respondent worked a partial day fifteen (15) times. (Rubber Room)

HARLEM RUBBER ROOM WAS A VERY SMALL ROOM ON 125TH STREET, WITH NO WINDOWS, NO IMMEDIATELY AVAILABLE DRINKING WATER, BARE WALLS UNTIL I TRIED TO HANG A FEW PICTURES AND WAS ORDERED NOT TO DO SO AND THE MUSEUM PRINTS REMOVED.

AND WORST OF ALL THIS SMALL ROOM CONVEYED TO THE PEOPLE HOUSED THERE A SENSE OF CLAUSTROPHOBIA AND INCARCERATION

A UFT HIRED AIR SPECIALIST, HIRED BY UFT SPECIAL REP-KLAUS BORNEMANN, USING SOPHISTICATED AIR TESTING EQUIPMENT WROTE IN HIS AIR QUALITY REPORT THAT THE CEILING VENTILATORS AT TIMES WERE BLOWING AIR OF SUBSTANDARD AIR QUALITY INTO THE ROOM.



THE ABOVE AMOUNTS TO CRUEL AND UNUSUAL PUNISHMENT UNDER THE US CONSTITUTION AND IS THE REASON I STOPPED REPORTING TO THE SMALL WINDOWLESS RUBBER ROOM IN HARLEM.

________________________________________



Please Note: The fact that the DOE would certainly deny that any, or all of these charges do not violate any of my Constitutional and/or First Amendment rights, (which is to be totally expected), does not make such an assertion and/or position true. It is only by challenging established customs and perceptions of what does and does not violate the Laws of the Land, that "old" laws are struck down, and new Laws and new legal precedents- established.



David Pakter

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Posted by A Teacher In The Bronx at 5:04 PM
Reactions:
Labels: 3020a, David Pakter
1 Strong Opinions:

Anonymous said...
Rubber plants and watches? The kids that win city track meets get gold watches. Who the heck cares? Should we charge the track coaches? This is a completely bad faith operation. This is the most ridiculous 3020a I have heard of and it is so ridiculous DOE is probably afraid to drop it knowing that is tantamount to admitting they never should have charged David in the first place. Nothing about his teaching and nothing about misconduct.

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.

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

Seniority and Pakter Non-Hearing

UPDATED (see below):

I attended the David Pakter 3020a "hearing" today but there was no hearing (search this blog for background if you don't know about this case as I'm too lazy to get the links). Or at least while I was there. I left at 2 when they broke for lunch. David will update us soon.

We had quite a cast of characters. The wonderful hearing officer, Douglas Bantle - who is such a decent guy the DOE is getting rid of him. The NYSUT lawyer, Chris Calegy, who whenever I see him in action is impressive. Betsy Combier, who is always there for people and her sidekick Polo Colon. I alerted Gotham's Anna Philips about the hearing and unfortunately she showed up and wasted 3 hours waiting for a hearing that never took place. I owe her lunch - or at least an ice cream. But I did give her an earful for classifying New Action as an opposition caucus instead of bottom-feeding weasels. (See my recent post: UFT election figures for New Action Over the Years)

Ken Hirsch tagged along with Anna. Ken is the most likable ed deformer, some kind of hedge fund guy who helps fund scuzzy charter schools like HSA and Girls Prep and who knows what else. He also helps fund Gotham, which is a good thing, despite the fact some people feel they tilt (I am not yet convinced of that.)

I always have very deep discussions with Ken. He is a guy who while may not be convinceable about the errors of ed deform, is always willing to engage and listen - which with me around is just about all you can do. So we had a brief discussion on a number of issues and touched on the seniority issue. I pointed out how the longevity of teachers in one school creates a certain level of stability and teachers make strong connections to families over time. I'm talking about the elementary school level. Of course, with charter schools parachuting kids and teachers in from all over the place and the destruction of the neighborhood school concept by the deformers, this concept become irrelevant.

I get home and low and behold find that Diana Senechal wrote a great piece at Gotham on this very issue. Accountable Talk linked and wrote his own piece.

The Other Argument for Seniority

There's a nice piece in the Community section at Gotham Schools that lays out the case for seniority, especially in light of possible upcoming layoffs. I won't repeat any of the author's arguments here; you can read them for yourself and decide if they are compelling. I think they are. I'd like to address an argument for seniority that I rarely hear, but it warrants discussion. I believe that ignoring seniority as it exists now would ruin education in the future, and here's why.

Head over and read both pieces and all the comments.

After Ken left, who should show up but blogger South Bronx School, one of my faves – he goes even lower than I do. He's not happy that Gotham doesn't link to him and told Anna so. She defended herself. This was better than the hearing that wasn't taking place. I love SBS but I can understand them not linking. He was promising Anna not to be so raunchy while I begged him to keep it up. What would Whitney Tilson and Thomas Carroll do if he toned it down?

If you dig beneath the crust of SBS, you find the instincts of a teacher who gets it and gives a crap. I'd rather have the fun crusty stuff than see links on Gotham, which often links to Ed Notes. What am I doing wrong?

UPDATE:
Since I posted the above a few minutes ago, I have been in touch with 2 former students who friended me - my 4th grade class in the early 80's and -listen to this - the son of a former student from 1976. His mom brought him to my house when he was one month old and we put him on a blanket on the floor and my cat came over and was bigger than him. Look at him now. His mom was one of my favorite kids of all time and we stayed in touch.

In the small world department, his dad's (his parents never were together) sister was the mom of a couple of kids I had and she was a parent who I always like a lot and I got to know a lot about the family. One day I was at the UFT and I see someone familiar and she said, "Mr. Scott." It was her daughter who I had in my computer classes. She has been working at the UFT - now in the tech department (think those Apple IIe's got her ready for the job market?) - for many years and we run into each other every so often and she fills me in. She has kids herself and her mom is doing fine.

Jeez. The more I am hooking up on facebook, the more the memories come flooding back. One of the students is a NYC teacher and we are getting together soon - the first time I will see him in over 25 years and next week I am meeting a student from the late 70's for lunch - I haven't seen her since she was in high school.

Sorry, but this is my "data."


Some former 4th graders had an elementary school reunion in Feb. I can recognize 4.

David Pakter Has Advice for Whistle Blowers

After the Lehman HS whistle blower blow-up a few weeks ago (see links below), where teachers supposedly slipped proof of the principal tampering with grades, I was contacted by some of the Lehman whistle blowers for advice (and a lawyer.)

To know one's surprise, Tweed announced they would investigate the teachers who blew the whistle. They went to the press because they had notified Joel Klein last March and an investigation was supposedly begun, but they hadn't heard anything for 5 months and figured it went nowhere.

I think they seem to be in the clear, but I consulted with whistle blower supremo David Pakter.

He responded with this essay, posted at Under Assault, who also posted a photo of one of the plastic plants Pakter bought for the school, one of the charges against him in his endless 3020a hearings (which are wrapping up with two dates in December) after the DOE has spend an enormous amount of money trying to get rid of him. I was at the hearing when the school supervisors testified and they made the tree sound like a giant redwood. When Pakter told us he bought 3 of these at Home Dept and carried them to the school in a shopping bag, I fell off my chair.

It would have been much cheaper to just place Pakter in charge of putting together arts programs all over the city if they wanted him away from kids - you know, giving out $200 watches from a company you own to kids earning over 90 on their report cards is seditious., even though it dovetails perfectly with the market-based ed deformers.

Here is an excerpt:

So what else is new. Cheating went on in every school I ever taught in and at the High School where I taught for twenty five years, mark altering / "improving"/ "updating" - was raised to a virtual "art".

I wonder if Principals demand Kickbacks for all the gallons of "white-out" they order every June to ensure that their graduation totals will look even better and rosier than the previous year's stellar "improvement".

As for using a "Passing" Regents grade as an excuse to ignore a Failing Class Grade score- how the heck do you think they come up with those "regents scores".

At my former school, and I am sure many would not be surprised to learn, at 99 % of the NYC High Schools, all Regents Scores are referred to as a student's "Raw Regents Score". That is to say- the actual grade the student earned on the actual Regents Examination.

I have my own advice for whistle blowers. DON'T DO IT! Unless you have a crew of people with you. Expect to be more of a target yourself than the people you are blowing the whistle on. One area I disagree with Pakter's essay. That is his assumption it is the newer teachers who whistle blow. In my experience, it is the people with years in the system who have the understanding to know when to blow the whistle. It usually takes years to build up the anger and passion to be willing to risk your career.

Ed Notes Lehman stories
Education Notes Online: Lehman HS, School for

What Did Klein Know About

Lehman Story Gets Legs

Steven Brill Leads Major Assault on ATRs and Rubber Room

Whenever I have had the opportunity at PEP meetings where I could address Joel Klein directly, I have pointed out that as long as even one teacher was hounded into the rubber room for political reasons, he would have more difficulty in removing even those teachers who should be removed. I called on him to monitor these political cases carefully to protect the integrity of a process to remove teachers who should be removed. And let's make no mistake about it, there are teachers who should not be teaching. I always make the point that if teachers were given power over running the schools, these people wouldn't last long at all.

NOTE: Check comments section where comments on the article from listserves are inserted.

Was Steven Brill commissioned as a hit man on the rubber room and ATRs?

A long article in the New Yorker by Steven Brill (posted on Norms Notes Biased and One Sided Article on Rubber Room and ATRs) goes after the rubber room people and ATRs. Brill uses selective interviews with principal Anthony Lombardi and Joel Klein with comments thrown in by Randi Weingarten.

The article is clearly designed as the opening salvo in a PR blitz to pressure the UFT to give up some protections in the current contract negotiations. The problem for the UFT is how to do it without causing members to go crazy. One way out for the UFT is to put up a weak fight to keep tenure law from being weakened by claiming they couldn't stop the state legislature from wanting to get some of the Obama/Duncan stimulus money. The contract supersedes the state law I believe and was already weakened in previous negotiations (thus, teachers have less protections that they would under current state law).

We have been predicting the coming assault on the ATRs and rubber room. We laid out the plan for ATRs over the weekend: Creating ATRs a Key Part of Privatization Plan pointing to the various phases. Though expensive, Bloomklein made an initial investment by agreeing to pay ATRs for a period of time with the goal of using the press and public opinion to force the UFT to give up something in exchange for raises.

Clearly, Brill was allowed access to rubber rooms. (When filmmaker Jeremy Garrett of "The Rubber Room" movie attempted to enter Brooklyn's Chapel St.rubber room he was arrested.) He selectively interviewed certain people who could help make his case. He even attended an open hearing. Note that he did not attend the most famous and often advertised open hearing, that of David Pakter.

Let's look at the writer who is making these judgements.
Brill (I'm assuming this is the guy, but correct me if I am wrong) himself has had some controversy. Hamilton Nolan wrote this past June in The Persistent Failure of Steven Brill. Check the site directly for the links, but here is the text.

Steven Brill has a reputation for being a media wise man—a deep-thinking mogul who's always spotting the opportunities of The Future. Which is kind of strange, since the majority of his projects have been ostentatious failures.

Brill's latest company, "Clear," which was supposed to save rich people a half hour standing in security lines at airports in exchange for $128 a year, is shutting down. Let's do a quick and dirty balance sheet of Brill's successes and failures—keeping in mind that to do your best is all your mom really asks.

Successes

The American Lawyer: Brill launched what would become the nation's leading legal magazine in 1979. This is not an unqualified success, though, since American Lawyer Media (now Incisive Media) is having problems right now.

Court TV: Brill created the network (now truTV) in 1991. After receiving a huge popularity boost from the OJ Simpson trial, it was sold it to Time Warner in 1997. For which Brill got a tidy sum.

Emily Brill: Steven's daughter, the ultimate narrator.

Failures

Brill's Content: Launched in 1998, this mediacentric mag was supposed to capitalize on America's insatiable thirst for news about the news! Turned out not that many people really care about the news about the news. Not enough to pay money, at least. Stopped publishing in 2001.

Contentville.com: A website selling "a variety of content ranging from thesis papers to ebooks." Closed in 2001.

Inside.com: The legendary media site that launched the careers of many top media reporters and also failed to make any money. The magazine version of Inside was merged with Brill's Content, and the website was part of a convoluted plan with Primedia to corner the market on media trade publications, but the whole thing was shuttered in 2001.

Clear: In the post-9/11 world, Brill noticed, airport security sure was a hassle. People would pay to be "verified" beforehand so they could breeze right through! Right? 165,000 people did, reportedly, and Clear raised more than $100 million from investors, but now it's dead, unable to afford to keep going.

Brill also wrote a couple books which didn't sell all that well and a column for Newsweek, but you can judge those on their own merits. He's not out of the game, though—his other ongoing venture is Journalism Online, a company that plans to help various magazines and newspapers charge readers for online access. Bet on it!

Hmmm. Steven Brill with a persistent record of failure, now reduced to writing about rubber rooms and ATRs.

If they had rubber rooms for the things people like Brill do, he'd be writing about himself.


The hearing Brill doesn't want to cover:

3020-a Teacher Trial of David Pakter

Continues Sept 8, 2009

49 Chambers Street, 6th Floor, 10 AM
Please request Hearing Room of the Hon. Douglas J. Bantle, Esq.


Thanks to Jeff Kaufman for posting the article.

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?

The City Hall Press Conference on Parent Power, Round 1

Reposted:

It was a fun afternoon around Chambers Street yesterday. The press conference at City Hall was a highlight. (Photo from Epoch Times.)

I went over to the press conference at City Hall after spending some time at the David Pakter hearing (what a hoot!) across the street and taped most of the speeches. There was lots of disdain on the faces of DOE people and many reporters (CBS' Marcia Kramer was priceless) as the much disparaged State Senators Hiram Monserrate and Pedro Espada led the parade in calling for more parent power with a large crowd behind them on the steps of City Hall.

But there were also good speeches by very reputable state senators Shirley Huntley, Bill Perkins and Eric Adams. GEM's Brian Jones and PS 123 parent activist Bill Hargreaves also spoke. I'm working on putting up videos of the non-scoundrels. The Epoch Times has a report with a quote from Brian and a counter quote from the UFT:

Brian Jones, who has been a teacher in Harlem for six years, said that the states’ allocation of funding to create and remodel charter schools is an attempt to privatize education. He is a member of the Grassroots Education Movement (GEM), which seeks to “save our schools from privatization,” said a flier.

Ron Davis of the UFT denied the threat of privatization posed by charter schools by saying that charter schools are public schools that have specialized programs.

The full story is here:
Senators and Parents Protest Mayor’s School Control

City Councilman Charles Barron had a different angle, despite the fact his wife, Assembley woman Inez Barron joined the others:

Barron On Amigos' Mayoral Control Battle: 'A Front' And 'A Fraud

Charles Barron talked to Elizabeth Benjamin at The Daily Politics:

"accused the amigos of trying "to undermine black leadership," adding: "We should have left their behinds over there (with the Republicans)."

"I'm down with stopping mayoral control; I'm not down with Espada and Hiram Monserrate and Kruger and Diaz," Barron continued. "They betrayed the cause for them to go over and try to empower Republicans until they got their little personal agenda satisfied."

"This ain't about mayoral control for them; it's not about decontrol, vacancy decontrol. It's not about the people's agenda. He finally got, Espada, a position he should not have had, and Hiram probably cut some deal somewhere, too. This was never about what they're trying to front about now...It was about Hiram's agenda and Espada's agenda...This is a fraud."

See the video and read more: http://www.nydailynews.com/blogs/dailypolitics/2009/07/barron-on-amigos-mayoral-contr.html#ixzz0MB2ClOPn

Related:
Wayne Barrett in The Voice on a pending deal - Holy Cow - Debbie Meier was the sticking point!