Saturday, January 23, 2016

How a Friedrichs Loss Can Become a Win, Making Taylor Law Unconstitutional

...labor... needs more people engaging in a debate about what, in theory, could come the day after an adverse Friedrichs decision. That shouldn’t be limited to toying with the legal implications of the Court’s logic, but also what kind of mobilizations, boycotts and—dare we dream?—strikes could be launched in the days and weeks after....In These Times
My own thoughts have been skirting around the edges of the benefits of a Friedrichs negative decision and might actually lead to a new level of organizing. I've been thinking about Detroit where they are trying to pin the sickout on a totally weak and ineffective union. This article by Shaun Richman, a former AFT organizing director, doesn't go there -- as I wouldn't expect him to. Here he takes the free speech argument behind Friedrichs and runs down the field with it over the possible implications.
the parties behind Friedrichs—egged on by Justice Alito—are lodging a wildly expansive argument that every interaction that a union has with its government employer is inherently political. Bargaining demands, grievances, labor-management committees, job actions: all of it, goes the Friedrichs argument, is political, thereby making the collection of agency fees compelled political speech.
Let’s think about some of the implications of this argument. For starters, the Taylor law that tells CUNY faculty and staff that they will be fined and their leaders imprisoned if they strike seems clearly to be a coercive restriction on their chosen method of political speech. If the Professional Staff Congress is hit with any penalties for either planning or going through with a job action, one hopes they can time their appeals to reach higher level courts after the Friedrichs decision comes down in June.
 An article worth reading:

How ‘Friedrichs’ Could Actually Unleash Unions from Decades of Free Speech Restrictions

BY Shaun Richman

The CUNY Professional Staff Congress, during a civil disobedience action in November 2014. (PSC)   

Thursday, January 21, 2016

Ravitch Ties the Michigan Detroit/Flint/Obama Story Together

It is worth reprinting Diane's blog in full here as it ties a bow on the Michigan horror story.

John Ogozolek, a teacher in upstate New York, watched a news show and hit the ceiling. He wrote:
“CBS reporter Scott Pelley put Governor Rick Snyder on the hot seat yesterday, asking him repeatedly why he apparently still doesn’t have a handle on the specifics of Flint, Michigan’s poisoned water. http://www.cbsnews.com/news/michigan-gov-at-least-100-kids-affected-by-lead-in-flint-water/
“PELLEY: So fair to say you don’t know what the lead content is in the water?
“SNYDER:Well, again — we don’t want people to believe it’s safe. Extensive testing is going on, has been going on for some time. And we are seeing improvements in the water supply. But we don’t want people to believe it’s appropriate to drink at this point in time, and that’s why I’m proud to have the National Guard out there working hard.
“PELLEY: I don’t understand why you can’t give us the latest testing data and what it shows for the water in Flint. What is the number?
“SNYDER:I don’t have the number at the top of my head of the very latest data. And it varies by parts of the city.
“PELLEY: I would think that the governor of Michigan would have those numbers at the top of his mind right now.”
“Later on , Pelley changes the subject to the deplorable conditions in Detroit’s public schools and the protest by teachers to call attention to the tragic situation: a classroom ceiling caving in, maggots in a toilet and little kids bundled up to ward off freezing temperatures as they try to learn.
“CBS PELLEY: In terms of the sickout in the Detroit schools [Wednesday], what is your message to the teachers?
“SNYDER: I would hope you would stop harming the children. I appreciate the fact that people have strong feelings on different issues. But to do it at the expense of affecting the school day for the children, I don’t think that’s appropriate.”
“Boy, oh, boy….it’s times like this when I feel like kicking in my TV screen. It’s a 30-year-old set, about the size of big pumpkin. Makes me want to punt it across the front yard.
“WHAT???? Is this guy Snyder crazy? He oversees the poisoning of an entire city’s water supply including what appears to be permanent injury to children…..and then he turns around and has the gall to blame teachers for “harming” kids. These are the same teachers who are trying to call attention to the actual damage that is being done to children day after day in Detroit’s public schools….harm that Snyder is still turning a blind eye to.
“Meanwhile, in another story, there was President Obama prowling around the Detroit Auto Show, taking time out to criticize the handling of the water situation in Flint. Teachers’ union members were on hand to protest outside in the bitter cold.
“Union spokeswoman Ann Mitchell told The Associated Press that teachers “couldn’t miss the opportunity” with the president in the city to say they “really need someone to help focus on the schools.”
“We have got to stop this whole business by Snyder, which is an attempt just further the charters and further, really, the destruction of education in the city. We are determined to win that fight. The whole next generation relies on it,” Cass Tech teacher and activist Steve Conn told CBS affiliate WWJ.” http://www.cbsnews.com/news/detroit-schools-sue-to-get-teachers-back-in-classrooms/
“News to President Obama: your policies have helped aid and abet the destruction of public schools in places like Detroit. If you want to see who is also responsible for the disasters in Michigan, look in the mirror. It’s happened on YOUR watch.”

School Sickout and FLINT Water Protests: Outcome of Obama Supported Disaster Capitalism

Unions Fiddle While DETROIT Burns. We weren't hearing much about the Detroit school crisis from the AFT and its affiliate the DFT until teachers began to take wildcat sickout actions.

Yesterday, with Obama visiting the Detroit auto show to praise the Detroit comeback (huh?), we saw this headline:

Nearly all of Detroit's schools closed due to sickouts coinciding with Obama visit

The role the Randi backed Detroit Federation of Teachers has not been a prominent one even though CNN reports "An attorney for the Detroit Public Schools has asked a judge to issue a restraining order and preliminary injunction to force teachers to stop sickouts and return to work, according to court documents filed Wednesday. The motion names the Detroit Federation of Teachers, interim teachers union president Ivy Bailey and 23 Detroit Public Schools teachers."

Who else can they try to blame? The cannot conceive of the idea that teachers might reach the point where the brakes the union tries to apply just won't work. This is a point I tried to make in some of my previous posts regarding Friedrichs weakening the unions to the point where they cannot manage the membership as overseers. [ see extra credit below].

Then there is the Flint water crisis, which ties together with the Detroit school crisis:
As Governor Snyder was hiding behind Michigan's executive privilege laws and withholding information about the water crisis from the public, Detroit teachers were taking bold action that called attention to the deplorable learning conditions within the state's largest school district. More than sixty Detroit schools have been shut down this winter due to teacher sick-outs.

-----MLK's legacy lives as Detroit and Flint battle injustices, column


 ------
Of course we have this:
Republican leader of the Michigan House calls for teachers to be fired

Detroit school system wants judge to end teacher sickouts

http://www.cnn.com/2016/01/20/us/detroit-public-schools-michigan-governor/index.html



(CNN)
"DPS has requested the court's intervention in addressing the ongoing teacher sickouts that are plaguing the district," Michelle Zdrodowski, the spokeswoman for the Detroit Public Schools said in a statement.
The teachers union responded to the filing, noting "Detroit deserves better."
"It is regrettable that the Detroit Public Schools seeks to punish those who speak out about the deplorable conditions in our schools," Bailey said. "It would be so much more productive to actually do something to fix Detroit schools rather than file restraining orders against those who expose the miserable conditions."
Nearly all Detroit's public schools were closed Wednesday as many protesting teachers called in sick, turning what was supposed to be a day to celebrate into one shining a harsh spotlight on one of Michigan's struggling cities.
President Barack Obama was in Detroit for the North American International Auto Show. He praised the American automotive industry's resurgence, which many people view as a major victory for Detroit.
But those inside the city tell a sharply different story, one illustrated in leaflets showing pictures of dead rats found at public schools, mildew taking over ceilings and walls and damage to school buildings.
Detroit teachers have pressed their case against what they call deplorable conditions and inadequate funding. They've also decried decisions made by the school system's emergency manager, who was appointed by Republican Gov. Rick Snyder -- criticism that echoes complaints in Flint, a Michigan city mired in a water crisis after state officials largely took over because of budget troubles, just as they did in Detroit.
Detroit teachers have backed up their words with mass sickouts, starting January 11, when 62 schools closed as a result.
Bailey estimated the doors of "over 30 schools" ultimately would be affected.
Zdrodowski said there would be no class Wednesday in 88 schools, about 90% of those in the system. 

But as of Wednesday night, the Detroit Public Schools' Facebook page indicated all schools will be open Thursday. The announcement included a request for students and parents to check the page again for updates.
The speaker of the House in Michigan called for absentee teachers to be dismissed.
"These teachers deserve to be fired for turning their backs on the children in their care," said Kevin Cotter, a Republican from Mount Pleasant. "Their actions also go against any possible resolution on potential (Detroit Public Schools) reforms, because any long-term agreement on Detroit schools has to put the kids first."
Cotter said more than 700,000 instructional hours have been lost.

Obama meets with Detroit's mayor

The timing -- on the day of Obama's visit to the Detroit auto show, with the national media attention that it brought -- was no coincidence.
The Detroit Federation of Teachers indicated as much on its website, saying now is the time to "fight for Detroit kids (who) are struggling in schools with hazardous environmental and safety issues (and) educators have made significant sacrifices for the good of students."

 Extra Credit:

Federal Civil Rights Complaint vs Success Charter Academy's Systematic Violation of Disabled Students' Rights

Success Charter Network, founded by Eva Moskowitz, is now facing another investigation. A FERPA complaint by Fatima Geidi to the US Department of Education on Eva Moskowitz's violation of student privacy by releasing a student's disciplinary records was filed in October. 

Yesterday, it was announced that SUNY, the charter chain's authorizer, is investigating the Success Network's disciplinary and suspension practices, including the infamous "Got to Go" list first reported by the NY Times.
......Leonie Haimson, NYC Public School Parents
More yummy news since our earlier report

Success Academy Teacher Quits: Evil Eva Should Be Investigated for Child Abuse and Teacher Bullying

Reports coming in from Haimson, Ravitch via NY Daily News' Juan Gonzalez.



The FERPA complaint by Fatima Geidi?
Jia Lee has been teaching Fatima Geidi's child who was pushed out of Success and Jia has been involved in supporting Fatima and her child, both of whom attended the MORE education conference in November.

Federal Civil Rights Complaint vs Success Charter Academy's Systematic Violation of Disabled Students' Rights

Now  parents of 13 special needs students,. along with Public Advocate Letitia James and City Council Education Committee chair Danny Dromm, have filed a formal complaint with the Civil Rights division of the US Department of Education..
Some of the claims include refusing disability services required by law to the students, and harassing parents to force their children to transfer out of the charter chain into public schools. You can read more in this article by Juan Gonzalez here.

From the complaint, it is apparent that Success Academy's systemic violations include pushing students out via repeated suspensions, many times without due process and without reporting them as such, holding them back, denying them services, and shaming them.

You can read the full complaint at Leonie's blog:
http://nycpublicschoolparents.blogspot.com/2016/01/federal-civil-rights-complaint-vs.html
 

Wednesday, January 20, 2016

Jeff Kaufman Amendments for MORE Platform Approved at Meeting, Goes to Membership Vote

When the MORE platform committee shared what they came up with
MORE stands on its platform

Our 2016 Platform

and made it clear that it was an open platform open to amendments and modifications. Some people chose to criticize while offering no suggestions for changes to the platform committee.

The always reliable Jeff Kaufman came up with these suggestions and we reviewed them and gave people an opportunity to object or offer modifications at the Jan. 16 general meeting. They were approved and are expected to be ratified by the membership. As far as I know the process of suggestions is still open though time is running out as the election season gets closer.

There are more extensive suggestions that would not fit in a platform - like democracy:

Union Democracy: A Life-or-Death question for the UFT

Here are the amendments Jeff offered. (Jeff will be running on the MORE slate in the 2016 elections.)

AMENDMENT 1: ADD "End the per session pay formula and restore real time and a half for work beyond the school day based on salary.”

AMENDMENT 2: ADD ""Strengthen the grievance procedure by removing the cap that has been placed on the number of arbitration cases permitted annually;  providing a UFT investigative team for each case; and restoring rights that have been bargained away such as the right to grieve any material in our file."

AMENDMENT 3: ADD "Eliminate the designation “ATR” and assign teachers to a school of their choice in their District. Until the ATR designation is abolished, the UFT shall have an ATR chapter with elected representatives"

AMENDMENT 4: ADD "and end involvement in UFT Charter Schools except as a representative of union members.”

AMENDMENT 5: ADD "Create a sliding scale for union dues based on salary and require dues increases to be voted on at the Delegate's Assembly."

Success Academy Teacher Quits: Evil Eva Should Be Investigated for Child Abuse and Teacher Bullying

I spent much of my time at school crying in the bathroom and the stairwell. I cried from the emotional harassment I faced from my leaders, I cried from simply watching my scholars go through such grueling days and intense ridicule, and I cried because I was exhausted, stressed, and anxious, constantly feeling like I wasn’t enough and that I couldn’t be enough. When I helped my own scholars work through their tears, I would often ask them what they were feeling, and they would say “scared.”... Former Success Academy Teacher

When they start calling them children, I will know that they are completely de-programmed.... Diane Ravitch

Is it time to call 911 on Evil Eva's operation?

Diane Ravitch posted a letter from a teacher who has resigned.

http://dianeravitch.net/2016/01/19/a-success-academy-teacher-quits-and-explains-why/

It is worth reprinting the entire letter here to see just how evil Eva is.

Diane writes:
I received an email from a teacher who resigned her job at Success Academy. She was very unhappy. She wanted to explain why she couldn’t stay. Like everyone who leaves Success Academy, she requested anonymity. I get these emails from time to time. Occasionally, I meet with the unhappy young people (both women and men). They sound like people leaving a cult. Even after they have left, they still refer to five-year-old children as “scholars.” When they start calling them children, I will know that they are completely de-programmed.

This young woman writes:

I left my job at Success Academy because I couldn’t, in good conscience, be the teacher they wanted me to be. I have a lot of trouble writing and talking about my experience with Success because it truly makes me ill. Thinking about the way teachers spoke to children, with such disgust in their voices, makes my stomach churn. Thinking about the way my leaders spoke to me, with that same disgust, leaves me feeling just as sick.

I was immediately targeted by the leaders at my school for being too soft. I didn’t deliver consequences enough, and I didn’t hold high enough expectations of my four and five-year-olds. I couldn’t get them to walk in two silent, straight, militaristic lines with bubbles in their mouths and their hands glued to their sides. I wasn’t “aggressively scanning” for “defiant” children on the carpet—that is, children not sitting on their bottoms with their backs tall and their hands locked in their laps. I owned up to all of this with my leaders. I admitted to them that I have a hard time with holding such young children to such high expectations. And to build off of that, I found it simply wrong to hold every single scholar to the exact same expectations. You can’t give a fish and a bird the same task and expect the same results.

But that’s precisely what Success does. They don’t care what the circumstances are: you will stand like a soldier, you will sit with a bubble in your mouth and your hands locked, you will do all of your work neatly and silently, you will “silent laugh” and “silent cheer” when you find things funny or exciting, you will transition from your seats to the carpet “swiftly, safely, and silently,” and if you don’t, you’ll do it again until it’s perfect, even if that means missing recess or blocks time. My biggest mistake was admitting to my leaders that I found this system to be too harsh. The moment you speak out at Success, they come after you. They call it a “mindset” issue. They threatened to put me on a performance plan without giving me any examples of what I was doing wrong, instead simply berating me for these same issues week after week until I would slowly break and obey them. I worked tirelessly to please my leaders. I had never quit a job before, and am an incredibly hard worker, so I was determined to make this work. I wrote long reflections on my days and reached out to veteran teachers for help. I was quickly reprimanded for this as well, though, being told that if I needed help, I should just go to leadership—that I should never make my struggle apparent, or talk about it with anyone at school. This is all part of keeping up the facade of Success. The bright classrooms, the stunning bulletin boards, the perfect posture — everything must look perfect. It all boils down to the same principle: these people care about the wrong things. They feel the constant need to prove themselves through their appearance and their high scores, and in turn they don’t allow for any of the genuine elements of childhood and education to take place in their buildings.

I spent much of my time at school crying in the bathroom and the stairwell. I cried from the emotional harassment I faced from my leaders, I cried from simply watching my scholars go through such grueling days and intense ridicule, and I cried because I was exhausted, stressed, and anxious, constantly feeling like I wasn’t enough and that I couldn’t be enough. When I helped my own scholars work through their tears, I would often ask them what they were feeling, and they would say “scared.” They told me they were scared to come to school. I was, too. We all entered that building each morning in fear. This all being said, scholars at my school smiled. There are happy children at Success. When they do well academically, or when they get a prize or a “time-in” for their success, they smile. When they do have recess, they laugh audibly and smile. But the fear, anger, and sadness deeply overshadows these small instances of joy. You can’t structure joy. But leave it to SA to try.

Monday, January 18, 2016

Download The MORE Newsletter - Featuring Eterno, Goldstein, Wainer

  • James Eterno (ICE blog) on class size.
  • Arthur Goldstein (NYC Educator) on why he support Jia Lee for UFT President.
  • Kit Wainer on what changes MORE would bring to the UFT.
Three of the most experienced and knowledgeable chapter leaders over the past 20 years in the UFT.

One of the key indicators of growth in an opposition is the ability to reach into a number of schools with a smoothly running distribution network not just for UFT election years but on a permanent basis as a way to counter the Unity Caucus propaganda machine.

See NYC Educator on the costly Mulgrew propaganda send to every school:
We Finance the Mulgrew Campaign
The hope is that after the election, MORE will be able to do deliver a newsletter into an expanding list of schools at least 4 or 5 times a year.

One of the reasons Unity can so dominate the union is their ability to reach every UFT member fairly easily. All of you out there who complain about the union leadership can help with this effort by contacting me.

I helped put together this MORE newsletter as a counter to the usual flyers. I believe thoughtful content matters. I put the crew on a word limit count to make it fit and printed 10,000 copies which have pretty much gone into the schools and at the DA. A professional designer reworked it for this electronic version which you can print out and share with people in your school.

Here is the link at MORE where you can download and print this 2-sided newsletter.

https://morecaucusnyc.files.wordpress.com/2016/01/morenwsltr_vol2_issue2.pdf

Below are sample jpgs for your perusal. 



STCaucus Shares NYSUT White Paper, Slams NYSUT Lack of Transparency

NYSUT ... failed to inform the membership about its findings in the
NYSUT White Paper. (The following talking points are attached to make the dissemination of this information easier.
Talking Points). NYSUT’s lack of transparency regarding this position paper with the members of the rank and file serves only to keep membership in the dark thereby limiting membership’s ability to push back against the state tests and their onerous penalties, including but not limited to receivership.  .... STCaucus

Follow this narrative and see how important it is to watch what our leaders do not what they say. They are burying a report that would help grow the anti-testing movement.

NYSUT White Paper

The Stronger Together Caucus is disseminating NYSUT’s position paper opposing the current college and career readiness benchmarks in New York State.  The STCaucus is taking this action for two reasons:
  1. NYSUT was tasked, by a unanimous vote of its delegates at the April 2015 NYSUT Representative Assembly, to produce and disseminate this position paper.
  2. At this time, NYSUT’s position paper is behind a secure login on the NYSUT website which only allows delegates to access, rather than making this important information available to all members of the rank and file.  
STCaucus understands that every teacher should fully comprehend the inappropriate nature of these benchmarks and how they continue to corrupt the testing experience for our students.  For more than a year, STCaucus Leadership has made this argument central to the pushback against the inaccurate failing school/teacher narrative.  The data NYSED is utilizing to purport the benchmarking myth is deeply flawed.

The following timeline and linked documents will illuminate the importance of this narrative.

The following STCaucus letter was sent to Chancellor Tisch on December 22, 2014.  This letter was produced in response to the infamous Malatras’ letter dated December 18, 2014, in which, Governor Cuomo outlined the education agenda that became law on April 1, 2015.

On January 17, 2015, ST Caucus sent the following letter to the NYSUT Officers and NYSUT Board of Directors because there was no NYSUT response to the Malatras’ letter.

In response to NYSUT’s lack of pushback against the Governor’s narrative about failing NYS schools and teachers, STCaucus leadership brought the following Special Order of Business to the April 2015 NYSUT Representative Assembly. This Special Order of Business was passed unanimously on the floor of the RA.  

Recently, NYSUT’s Research Department completed the required report and did indeed send those findings to the Regents, as the resolution required. NYSUT however failed to inform the membership about its findings.  The report is only accessible to NYSUT delegates who have access to the secure login on the NYSUT website and there has been no reference to the position paper in NYSUT’s publications or on its public website.  NYSUT’s lack of transparency regarding this position paper with the members of the rank and file serves only to keep membership in the dark thereby limiting membership’s ability to push back against the state tests and their onerous penalties, including but not limited to receivership.  

We encourage all members to read the report for the purpose of educating themselves, their colleagues and their community members.  Please use the report’s findings to inform your local school boards, parents and local papers about the inappropriate benchmarks in New York.  
The following talking points are attached to make the dissemination of this information easier.

In Solidarity,

Chair: Beth Dimino—President, Port Jefferson Station Teachers' Association
Treasurer: Beth Chetney—President, Baldwinsville Teachers’ Association
Secretary: Laura Spencer—President, Smithtown Teachers’ Association
Membership Chair: Michele Bushey—President, Saranac Teachers’ Association 
Vice-Chairs representing NYS by region 
1)   Central NY/Southern Tier: Angelee Hargreaves—President, Port Byron Teachers’ Association
2)   Capital District: Megan DeLaRosa—President, Shenendehowa Teachers’ Association
3)   North Country: Nate Hathaway—President, Malone Federation of Teachers
4)   Tarrytown/Mid-Hudson: Mike Lillis—President, Lakeland Federation of Teachers
5)   Nassau/Suffolk: Kevin Coyne—President, Brentwood Teachers’ Association
6)   NYC:  Mike Schirtzer—UFT Delegate; MORE CAUCUS
7)   Western NY (Buffalo):  Joe Karb—President, Springville Faculty Association
8)   Western NY (Rochester): Orlando Benzan—President, Brockport Teachers’ Association

STCaucus membership registration is now online at https://stcaucus.nationbuilder.com/membership

 

Sunday, January 17, 2016

Standing Room Only at #MORE2016 Meeting: Drilling Deep on Evals, Talking Elections

It was wall to wall people for the 50 people present at MORE's first general meeting of the year yesterday. Many regulars were away for the weekend or we would have totally run out of room. We saw a preview of the first MORE lit for the UFT election campaign. I would rather it had said VOTE the MORE slate to elect Jia Lee president so some people don't think all they have to do is check off Jia's name.


"This was the best MORE meeting I've been too," declared someone who has been critical of MORE in the past and in particular of MORE meetings. James Eterno, also a sometime critic of MORE meetings, said the same thing about a recent meeting. And I, also a critic of MORE meetings in its early days, see significant improvement.

Certainly the 50 people who attended yesterday's meeting at the CUNY grad center seemed to feel the same way.

Sometimes you have to have patience and conquer your frustrations as a people from different organizations try to mesh. I didn't always enjoy MORE meetings in the early days but over the past year the meetings have been informative and we actually get stuff done.

Having experienced pros like Kit Wainer and Jia Lee run yesterday's meeting shows experience certainly does count. One of the reasons MOREs have such fierce loyalty to Jia are due to the qualities she exhibits all the time - qualities we would want in a UFT president. As Jia's presentation on the evaluation system went on I could see some of the smartest people in the UFT nodding their heads at what a great choice MORE and New Action have made for president.

I saw faces I did not see 3 years ago when MORE was in its early stages. Some people have moved out of town and some have moved on to focus their work in other areas and new people have come in. I would say that the people doing the hard work of running MORE at this point are almost an entirely new crew who have taken a larger role in MORE. A whole bunch didn't even run with MORE in the 2013 elections.

There is a life cycle of sorts with caucuses and in past groups I saw how an election process can be harmful as people come in with unrealistic expectations of winning and then when they see the outcome are disappointed.

MORE seems more grounded than groups in the past in terms of putting the election in context and not allowing the election to totally dominate the work. Thus the Jia Lee led discussion on evaluations was a rich discussion with well-known people like Katie Lapham contributing to a discussion rich in depth and nuance.

The role of the UFT over decades in supporting high stakes testing and poorly conceived teacher evaluation concepts were explored. I pointed out that in the late 90s I brought a reso to the DA calling for limits on high stakes testing and pointing to the negative impact it had on my own school. Randi Weingarten and other Unity Caucus members led the charge against my reso claiming we must support high stakes testing. In other words, this is not new under Mulgrew but a continuation of UFT policy.

Speakers yesterday pointed to how the UFT/Unity leadership talk all the time about bad teachers and how they have to be rooted out - a basic tenet of ed deform that bad teaching was the cause of problems in education. Scratch and you will find the UFT are deformers.

Mike Schirtzer put forth the idea that it was up to us to change that narrative and move the union away from agreeing that it was crucial to engage in an expensive game to evaluate every teacher in depth. In fact, why evaluate teachers at all other than provide support? The insane attempt to root out the few bad teachers is costing a fortune and taking funds away from the classroom.

We then held an information session on the election with the timetable and  a plan for petitioning. We also pretty much solidified the Ad Com positions with the exciting news that you will find 2 people named Eterno, Mindy Rosier, Lauren Cohen and Jia Lee of course, all from MORE. We went over the rules of who can vote for which positions, not always easy to sort out. The entire list of names for AD Com and Executive Board will be made public around February 3.

We also talked about distribution of MORE lit in schools. The poster above will be the first piece of lit going to schools. During election times - which will last until almost the end of May, any UFT member can go into any school and put the lit in mailboxes. And of course every teacher can do it in their own schools. Email MORE if you are interested in doing that in your school. [Unity slugs will attempt to stop you even though the union will announce that you have the right and the DOE will issue a memorandum to principals.] Unity will use its district reps to cover schools where they don't have someone.

I will have a role in helping organize the petitions as will Ellen Fox. We've done this work over the last 4 elections but this time there is a much larger group of people assisting so I can spend more time on the couch.

Then we broke into geographical groups to plan on organizing local events which people found valuable as distribution networks were being set up, not just for this election but on a permanent basis for a regular MORE newsletter.



Then it was off to happy hour with MOREs where Arthur Goldstein and I  shared beer and cider and bowls of chile and chips. Urp!

Saturday, January 16, 2016

School Scope: Too Much Ed News to Report in Depth - Norm in The Wave


Published Jan. 15, 2016 www.rockawave.com


School Scope: Too Much Ed News to Report in Depth
By Norm Scott

I am overwhelmed with news reports on education, both traditional and alternative so I’ll just give you snippets and you can search the ones that interest you on your own.

Attacking agency fee union dues at SCOTUS
A group of California teachers who are not union members but pay dues because they get the same benefits as union members are suing (Friedrichs vs State of California) claiming that any dues they pay is a violation of free speech because the very act of bargaining even for higher salaries is by nature political. A late 1970s decision at SCOTUS separated normal activities from political action – thus dues may not be used to contribute to candidates or lobbying activities and in the UFT there is a separate voluntary COPE contribution for those purposes. The lead teacher in the case actually argues that even calling for higher salaries is political and she takes the position that she should not have to pay dues to bargain that case since she thinks with so many school districts facing budget crunches, paying teachers more money is not necessarily a good thing. Over 20 states have agency fee laws while the others are right to work states, where as one would expect, teacher salaries and working conditions are worse. Arguments were held on Jan. 11 and from the way the justices spoke, it will be a 5-4 loss for the unions, thus turning every state into a right to work state.

There has been a lot of discussion on the ed blogs over this issue, with some internal critics of the UFT Unity Caucus leadership saying “good” and others, even groups like MORE, running against the UFT Unity Caucus in the upcoming elections (full disclosure -  I am associated with MORE), are arguing for people to keep paying dues and engage in the internal battle for union democracy and a progressive union. I have mixed feelings and would demand the UFT democratize and show more support for its members. I’ll leave the rest for you to sort out.

New study says charter schools are America's new subprime mortgages
School Scope and ednotes readers know that I have opposed the very concept of charters as having an overall negative impact on all kids over time by creating a dual school system that steals resources from the most struggling schools and neighborhoods. I have labeled much of the charter school movement as hedge-funder supported scam artists.

A recent article in Business Insider goes even further by comparing the charter movement to the subprime mortgage disaster that almost brought down the entire economy. Hedge funders made their fortune on this crisis, so it is not really a surprise to see these hedge hogs emerge out of the slime once again.

“The study says that while charter-school boards have the responsibility to follow the laws mandated of public schools, the incentive of these outside organizations is to increase revenue or cut expenses. And that misalignment creates an environment that may discriminate against students the organizations see as "too expensive," such as those with disabilities, according to the study.”

Read the article at (http://www.businessinsider.com/are-charter-schools-the-new-mortgage-crisis-2016-1). I had 10 stories to report and only got to two. I’ve been covering the Detroit teacher sick-out story in some depth on my blog at ednotesonline.org.




Friday, January 15, 2016

Portelos - He's Just an Excitable Boy: Did MORE Tell New Action That Only MORE Can Choose the Presidential Candidate?

They [MORE] want democracy, but told New Action that only MORE can choose the presidential candidate. Now that's democracy.  ... Francesco Portelos, comment on a blog
I responded:
New Action proposed to MORE that the presidential candidate come from MORE subject to approval by New Action. New Action was invited to all meetings to discuss that choice.
Portelos sent me an email still claiming that MORE had dictated to New Action and mocking MORE's democracy.

Most intelligent people have learned to ignore emails from Portelos since any response may be parsed, edited and made public but I had been drinking too much wine, so I responded.

When Portelos engages in mistruths, distortions and outright lies they have been dubbed as a "Pulling a Porty." Most of the people in MORE and ICE ignore these misthruths, distortions and outright lies, which are bought wholesale by his supporters who feel he has no reason to tell lies. Until they get to know him better.

[Full disclosure: I was one of these people for years who believed what he was telling me. Until I saw the cracks and began to examine things in more detail.]

So, I finished my glass of wine and I sent the whining Porty an email informing him of the truth. I pointed out that New Action had been the ones to state that due to the higher MORE vote totals compared to New Action in the 2013 election that was a factor in their decision to give MORE the priority choice for president and would also decide that MORE gets to break any ties when there are odd numbers of candidates.

Portelos responded by disparaging the higher vote totals MORE received in the election as a factor and somehow raising that was not being democratic. In his world of democracy, if one caucus gets double or triple the number of votes it makes no difference. But hey, it was New Action that brought that factor up. If you polled people in ICE, MORE, New Action, TJC, etc, they would probably agree with New Action that MORE's significantly higher vote totals should be a factor. Watch the tune change if Solidarity should outpoll MORE in the election. Suddenly vote totals would matter. [I could write his press release now].


When faced with the truth that New Action had initiated the suggestion that the presidential candidate come from MORE's ranks, Portleos  delved into his fiction library: "That's not what New Action says."

At that point I didn't even bother to respond.

Portelos makes up fictional people when facing the truth.


Will the fictional New Action person stands up publicly and affirm what Portelos assert "That's not what New Action says?"If there is such a person, I say "no guts, no glory."

Jonathan Halabi, a leader of New Action actually did affirm that my response was correct.
Jonathan said on the same blog...
It's not necessary to make stuff up. Norm is correct. It was our (New Action's) proposal. [Norm Editorial: Of course it is necessary for Porty to make stuff up.]

We suggested that the slate be split evenly, but that the presidential candidate come from MORE's ranks, subject to approval by New Action's executive board, which is exactly what happened.

In fact, the first meeting didn't feel very much like a negotiation at all. We came to quick agreement on all major issues, and spent the remaining time chatting and discussing strategy, details, etc.

Here's the actual language on the composition of the slate:

3. Allocation of Slots
• The allocation of slots, in general should reflect both the relative strength of the caucuses, and the history and significance of the caucuses.
• The number of delegate slots is sufficient that both groups may supply as many delegate candidates as they wish; we are unlikely to run out of space.
• The number of officer, divisional and at-large slots should be divided evenly, except where there is an odd number (eg, 7 high school slots) the extra seat will be filled by MORE.
• The presidential candidate will come from MORE’s ranks, and be agreed to by both groups.
• In the case of other officer candidates, and the divisional executive board candidates, the groups will review each other’s choices and agree to the specific candidates. If there are specific objections, the groups will discuss. In all other cases the individual group may choose its candidates without consulting the other group.

Jonathan
Of course there has been no retraction from Solidarity Caucus or Portelos. One of Portelos' people told me he still believes that MORE forced New Action into its choice for president and in the world of Solidarity what Portelos believes, no matter how far-fetched, becomes reality.

After all, he's just an excitable boy.

*Message to Solidarity members:
Remind us once again why MORE, ICE, New Action, NYCORE, etc. should support this guy for President of the UFT.

Friedrichs: Did Justice Sotomayor Claim Teacher Unions Are Company Unions?

We’ve already permitted subsidization of bar associations, of government programs. We’ve permitted assessments on a lot of different levels, so why can’t the government, as employer, create a State entity? Because this union under California law is a State entity.... Justice Sotomayor
Mike Antonucci dug up the nugget below.

We have often claimed that the UFT/NYSUT/AFT educational complex often functioned like a sort of company union - the support for ed deform for so long has been a major indicator.
The discussion then veered off into the weeds of whether the teachers’ union is a creation of the State, which I’m sure must have puzzled the union members and officers in the audience. 
I think that history shows that the UFT especially was in many ways a creation of the state. We'll delve into some of that history another time.

While the "company union" term may not be totally apt, I believe that the creation of public service unions was partially inspired by the desires of the powers that be to be able to use these unions to assist in controlling the workers. My recent posts on Detroit is an example of the threat a rank and file off their leash poses.

And we have here in NYC seen the most restrictive leash by our own ruling Unity caucus party. If the UFT under Unity control were failing due to Friedrichs, watch the powers that be rush in to ensure its survival. They need a cooperative non-militant union as a partner.

I remember being at a reception and running into the 2nd command at the DOE. It was during the Chicago teacher strike. He looked worried. "Do you think Mulgrew could go that way," he asked? I broke out in hysterical laughing. "You have no worries," I said.

Here is Mike's full post:

Justice Sotomayor’s Ingenious Solution to the Agency Fee Problem

Written By: Mike Antonucci - Jan• 12•16
I spent most of yesterday answering questions and reading analysis about oral arguments in the Friedrichs case before the U.S. Supreme Court. Everyone seems to be enjoying reading the tea leaves, but we’ll find out soon enough. In the meantime, it is only prudent for the unions to continue to prepare for the worst.

Almost all of the commentary I read focused on the line of questioning – often hostile – by the conservative Justices towards attorneys for the union respondents. I can’t fathom how everyone overlooked this fascinating proposition by Justice Sonia Sotomayor.
We’ve already permitted subsidization of bar associations, of government programs. We’ve permitted assessments on a lot of different levels, so why can’t the government, as employer, create a State entity? Because this union under California law is a State entity.
I don’t know what went through the mind of Friedrichs attorney Michael A. Carvin upon hearing this, but he responded in the only sensible way.
“No,” he said.
Justice Sotomayor then read from the respondents’ brief of the California Attorney General, which cited the Perry case.
“When recognized as the exclusive bargaining representative, a union assumes an official position in the operational structure of a school.” So it seems to me that ­­– and California tells the union what topics it can negotiate on, it requires them to do training, and in the end it accepts their recommendations with respect to the issues of employment at its own will, meaning the State is creating the union as part of the employment training and other responsibilities.
The discussion then veered off into the weeds of whether the teachers’ union is a creation of the State, which I’m sure must have puzzled the union members and officers in the audience. Justice Sotomayor eventually returned to the debate. She asked Carvin whether, without the benefit of agency fees, the union could claim it could not financially fulfill the duties of exclusive representative and ask the school district to pay those expenses.
Carvin then asked if she meant could the government subsidize the union’s collective bargaining efforts. “Mm­-hmm,” she replied.
MR. CARVIN: I think they might be able to, but of course no State—
JUSTICE SOTOMAYOR: All right. So why can’t they assess ­­ — why can’t they assess all of their employees a tax for that contribution?
Who could have guessed that the way out of the agency fee mess was for school districts to form company unions? And then charge teachers for the privilege?
Carvin noted this would be a violation of the National Labor Relations Act and the discussion moved on. It apparently stuck in the mind of Justice Samuel Alito, however. Later on, when California Solicitor General Edward C. Dumont was beginning to present his case, Justice Alito interrupted him:
JUSTICE ALITO: Before you get into that, could I just ask you a preliminary question that came up earlier in the argument? Do you think that the California Teachers Association is an agency of the State of California?
MR. DUMONT: No. I think a — ­­ a — ­­ a union that becomes an exclusive representative, under the Perry case, has an official place in the functioning of the school district. But it is not ­­– it does not become an organ of the State.
Some of us here in California have often worried that CTA was a de facto part of the government. Apparently Justice Sotomayor thought it was de jure.

Thursday, January 14, 2016

Everything He Touches Turns to Shit: Will Joel Klein New Venture in Health Insurance Sink Obamacare?

This will likely lead to yet another major flop. really he should have stayed in the Justice Dept. where no one realized his incompetence.  Hopefully he'll stay out of education for good!... comment on listserve
Uncle Joel has a new job. And yet another venture to fuck up.

Joel Klein, Ex-New York Schools Chancellor, to Join Health Insurance Start-Up

Trouble in a UFT Charter - Bronx Charter School Says F-U to UFT Teachers

The contract for members of the school's staff who belong to the United Federation of Teachers expired in June, and although tax forms show that the academy's net assets increased from about $1.4 million in 2011 to $3.2 million in 2013, the board is still trying to reduce the annual increase that teachers get for experience, union members said.
Dave Zimmerman, a fourth grade teacher at the Bronx Academy of Promise charter school who has also been there for six years, said that he knew teachers at the academy could not expect their pay scale to match the Department of Education's but still viewed the potential new contract as insulting.

The board wants to reduce the teachers' annual salary increase from roughly 3.5 percent a year to 2 percent a year, and until the new contract is approved, teachers will not receive raises and continue to earn what they did during the 2014-15 school year, according to the union.
Charters present a much greater threat to teacher unions than Friedrichs. I will keep saying this time and again. Yet we hear a lot of hang wringing over the impact of Friedrichs as the death of the union. Non-union charters will kill the union in the long run. And as the story below shows, even UFT unionized charters can spit in the face of the union at will.

We see how the charter industry is so excited at more giveaways.

The UFT response is to organize teachers at charters.

Even if they managed to organize every charter we would still have each school on its own bargaining individually with no real power for mass action which was what won things for us at the very beginning.

The story below at DNA Info about a UFT organized charter and illustrates how they can spit in the face of the UFT despite a "contract."

Wednesday, January 13, 2016

Detroit Sickout Mystery: Who is Leading and Who is Trying to Stop It?

Why am I reporting so much on the Detroit wildcat sickout? Because of comments I've seen by dissident teachers here in NYC who are hoping for a UFT loss on Friedrichs and feel that with a weaker union teachers will arise from their slumber and revolt - and Detroit may be a model for a weak union. So I'm trying to decipher exactly what is happening - are there leaders who organized this? To what extent is this spontaneous combustion?

...the DFT [Detroit Federation of Teachers]—discredited for its willingness to sign onto any concessions contract, layoff and school closure handed down by a succession of emergency managers—has been unable to stop or control the sickouts and has gone into crisis mode. For the DFT and its national parent organization, the American Federation of Teachers (AFT), it is now ‘all hands on deck’ to try to quell the protests while at the same time trying to prevent further loss of union membership come next June, when members will be able to opt-out under the state’s right-to-work law.

Meanwhile, the corporate media, from the local Detroit press to the New York Times and UK-based Guardian, have falsely claimed ousted DFT president Steve Conn is the leader of the protests. But teachers have gone through an experience with Conn’s brand of pseudo-left racial politics and unprincipled maneuvers with the Democratic Party, and the organizers of the sickouts have specifically dissociated themselves from him.... the 4th International, World Socialist Website
There is too much information coming in on what forces are behind the revolt in Detroit which may be a true rank and file movement independent of the official union, the Detroit Federation of Teachers (DFT) and Steve Conn and his group BAMN.

We've reported on Steve Conn's story of being elected as president and then removed and tossed from the union. Knowing the DFT which follows Randi Weingarten's lead was too  passive to lead the sickout I assumed that it had to be Steve.

Well-known and trusted blogger Nancy Flanigan posted a comment on Ed Notes and a link to her blog affirming that the union is not involved but also casting doubt on the role Steve Conn has played. Nancy Flanagan on Detroit Sickout.
 This story has been reported, as all stories are reported in MSM, by contacting union leaders, rather than garden-variety teachers. Because that's what reporters do, when they want to hear the "teachers' voice." As you well know, official union leadership (as well as deposed leadership) does not always represent what classroom teachers really want. Steve Conn has taken credit for a bubbling surge of rage that he had no hand in instigating--here's a quote from a DPS teacher:

"Mr. Conn held a meeting this afternoon first touting it as teachers taking a strike vote and then as an endorsement of the current sick outs. He even went so far as to encourage yet another sick out on the 20th for people to show up at his hearing and show their support for him! Imagine closing down the schools over an internal union issue rather than an issue with the schools. And that gives you an idea at how crazy things really are right now."

Public hearings would a chance for the conditions in DPS and the dedication of DPS teachers to be heard, rather than glossed over or buried under still more governmental blah-blah. Here in Detroit, there is no school board, there is no democracy--there is management by fiat. A public hearing would be something the press could report on.
I'm curious since Steve Conn did seem to win election as president over a DFT Randi choice. And then was removed and tossed from the union.

Nancy on her blog includes comments from rank and file teachers:
  • This teacher sick-out is not an action spearheaded by the DFT! We teachers are sick and tired of always being the ones who compromise. We have lent the district money in good faith, we have remained frozen in our pay since 2008, we have taken decreases in health care--and that's not even half of it! If we were in school today every student and teacher would have had to wear coats hats and gloves, because there's no heat.
  • Recent teacher sickouts ARE NOT a DFT union-led activity. These sickouts have been organized by individual groups of teachers. This is how dysfunctional Detroit is. Teachers, who have been largely apathetic in the past decade even in light of their diminishing pay, benefits and working conditions are standing up and saying No More! The district wants to paint these teachers as uncaring about their students' welfare when the truth is exactly the opposite. They are taking a stand and saying "Our students deserve better and we will not be complicit any longer."
I'm guessing Nancy is pointing to what appears to be a third force - DPS FIGHTBACK - a Union Within a Union: DPS TEACHERS FIGHT BACK! "A Union Within a Union".
DPS Teachers Fight Back (A union Within a Union), is a group of teachers mobilizing to unite, shed light on unsafe and subpar learning conditions, and demand resolution. 
Is this the real group behind the sickout? They do make it clear that
We are not affiliated with BAMN, its' leadership, or any former DFT leadership.  We are teachers united as it is time that we stand up and defend our students, our profession, and our rights!  Our cornerstone issues are Academics, Fairness & Equity.  Our goal is to ensure that Detroit students are no longer pay for the deficit created by state control, and to protect their civil rights and ability to receive an exemplary education.  
Some sources in Detroit point to them as an offshoot of the DFT but that is not clear. Oy! If I were a real reporter I would start calling people and dig this story out. Or better yet, if there were real ed reporters out there who actually get paid to report on education we might get an accurate report. But don't expect that. Is Chalkbeat still in operation?

Then there is this long piece from the World Socialist Website - the 4th International with attacks on both the DFT, Randi AND Steve Conn.

http://www.wsws.org/en/articles/2016/01/13/dpst-j13.html

Detroit public schools teachers continue sickouts

Randi's Detroit Deja Vu: Is Union "One Voice" Arguement Fundamentally Undemocratic When You Toss an Elected President Because You Don't Like His Voice?

"One voice" is the source of major policy errors - like support for mayoral control, NCLB and RTTT to name just a few.
Unions Argue for One Voice in collective bargaining in Friedrichs - which I get -- but Unity uses same argument to send 750 Unity "One Voicers" to kill democracy at AFT/NYSUT. Then there is Detroit.
AFT national headquarters took control of its Detroit local, and now they are running around the city simultaneously distancing themselves from the sick-outs and using them to regain support for the union.... Antonucci at EIA
Randi returns to the scene of the crime (really, multiple crimes):
Lookee who is going to be the main speaker at the DFT general membership meeting - which will bar Steve Conn because they threw him out of the union after he won the majority of votes in 2 elections.

What do you think would happen if there was a miracle and Jia Lee was elected president of the UFT - there is a better chance to win the powerball and I'm going out to get a ticket. Unity would find some way to undermine it.

But more on Detroit and union democracy below.

I'm not into the lock-step expressions of horror at the impact of Friedrichs on the UFT/NYSUT/AFT, an impact that will certainly be influenced by the way these 3 levels of the union have been run for 40 years where a small oligarchy based in the NYC version of Unity Caucus has been in absolute control and exhibits no evidence of changing the way things are done.

I'm not even so sure Unity will be too upset to lose a batch of their most vehement critics who will leave the union - as long as they are not organized enough to cause the kind of problems we see in Detroit or Las Vegas (more below).

The UFT may have to go leaner but will still make sure they are in control. So they cut down a bit on the patronage machine. They will still spend millions to send their 750 to conventions instead of sending Mulgrew to cast a vote for all 750.

No, they will not alter the way they operate.

In other words, we will not see changes in the at-large voting in UFT elections that sends 750 Unity winner take all delegates through at-large voting to AFT and NYSUT assemblies where they get to shove Randi decided policies down our throats. Nothing like hearing the Unity cheers for Bill Gates or for uncle Mikey when he threatens to punch you in the face if you take his common core. Of course this summer we will hear Mikey say the opposite and get the same cheers from the same people.

Unless a growing opposition to Unity leverages Friedrichs in ways to force change.

My guess is that 70% will continue dues checkoff and the union probably believes if can use peer pressure to convince another 10-15% to join their colleagues.

(I think the longer term threat to teacher unions is non-union charter schools which will one day chop 35% off union membership.)

It is hard to argue that a SCOTUS anti-union decision takes away democracy when you don't have democracy.

EIA's Mike Antonucci at Intercepts delves into the "one voice" argument used by unions: Collective bargaining offers professionals the advantage of being able to speak with one voice.

Unity brings up the same "one voice" argument when we bring up proportional representation - which means that if MORE gets 20% of the vote they get 20% of the 750 delegates. (morecaucusnyc- Union Democracy: A Life-or-Death question for the UFT).

MORE is raising the proportional rep point in the upcoming UFT elections which cannot be won by an opposition until the fundamental election rules are changed away from the massive at-large where everybody votes, including retirees, for most positions. Most other teacher unions have flexible systems where people can win positions based on divisions and even geography and you get a cacophony of opinions and voices brought to the table. Democracy may be messy but be debating the issues at the top levels of the union you get better decisions. Like from Day 1 going back 30 years, we would have tried to put the breaks on support for ed deform.

"One voice" is the source of major policy errors - like support for mayoral control, NCLB and RTTT to name just a few.

Can there be a lawsuit making the claim that we are taxed/pay dues without representation? Get the tea and toss it into the bay.

Here, in One Voice? Written By: Mike Antonucci - Jan• 13•16
Collective bargaining offers professionals the advantage of being able to speak with one voice.
Mike, who is a noted anti-education union libertarian, raises the kind of things that should concern us.  
This is an excellent sentiment if you happen to agree with what that one voice is saying, but it is when you disagree that it leads to problems – to the point where the U.S. Supreme Court has to work them out.

The unions say they were democratically installed – albeit by an electorate 40 years ago, in many cases – and the majority voice should prevail. That is the American way.

But recent events in three major American cities illustrate that teachers’ unions aren’t so enamored of that one voice supported by the majority when it doesn’t speak the words they want to hear.
Well, more than 3 cities. The Unity way is not majority rule as they claim. Their system would be equivalent to a political party that gets 51% of the vote then gets 100% of all the seats in Congress.

First Mike talks about Steve Conn and Detroit:
* The Detroit Federation of Teachers ousted president Steve Conn from office and from the union. He had majority support of the members who voted, and now he’s running around the city organizing sick-outs. AFT national headquarters took control of its Detroit local, and now they are running around the city simultaneously distancing themselves from the sick-outs and using them to regain support for the union.
Meanwhile, there is another group – Detroit Teachers Fight Back – that describes itself as “a union within a union” and says it is not affiliated with Conn or his supporters. This group is organizing its own rallies and – it seems – its own sick-outs.
Ahhh, Detroit.

And then there are 2 other cities related to the NEA:

* The Nevada Employee Management Relations Board certified the election that made Teamsters Local 14 the exclusive representative of education support employees in Clark County, which includes the city of Las Vegas. The incumbent NEA-affiliated Education Support Employees Association (ESEA) could muster only 970 votes in an 11,000-worker bargaining unit, yet the board allowed 30 days to challenge the certification in court, which ESEA is likely to do.
There have been rumors that the Teamsters would follow up with an attempt to organize the teachers in Las Vegas, currently represented by the NEA-affiliated Clark County Education Association (CCEA), but that would be a steep climb. On the other hand, NEA’s backup plan has included splitting the ESEA bargaining unit and incorporating school-site employees like paraeducators and secretaries into CCEA and letting the bus drivers, custodians, and off-site personnel go to the Teamsters. This would run contrary to the union’s usual insistence that school support employees not be separated by job title.
And Memphis: Well, I'll leave just the link http://www.eiaonline.com/intercepts/2016/01/13/one-voice/ if you want to go on as that story is a bit more obscure.

Ed Notes on Detroit sickout: