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Union files suit to stop release of individual teacher ratings

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United Federation of Teachers president Michael Mulgrew held up a sign at a press conference today showing the formula used to calculated teachers' ratings.

The city’s teachers union filed suit this morning, asking the State Supreme Court to bar the city from releasing 12,000 teachers’ effectiveness scores with their names included.

Department of Education officials said yesterday that they planned to send the teacher ratings to reporters as soon as this Friday, unless the union’s suit stops them. Several news organizations filed Freedom of Information Law requests for the data, and city officials said they were responding to these requests.

Union officials are currently in court and expect a judge to rule on their suit later today.

Underpinning the United Federation of Teachers’ lawsuit is the claim that releasing teachers’ ratings with their names included is an unlawful invasion of privacy.

“Teachers will be exposed to harassment on a personal and professional level from parents unhappy with the contents of the TDRs,” the suit states. “Such harassment could include demands for termination, discipline, and transfer of children out of teachers’ classrooms, as well as threats to the persons of individual teachers.”

The suit also states that the Department of Education should have denied reporters’ FOIL requests because the teachers’ ratings are exempt from disclosure. They are “non-final, subjective, deliberative, consultative inter-agency materials,” the suit says. “TDRs, as they presently exist, are unreliable, often incorrect, subjective analyses dressed up as scientific facts…”

To support this claim, the union’s suit gives several examples of teacher data reports that incorrectly classified students, or included the wrong students’ test scores. In one case study cited in the lawsuit, a teacher’s report factored in the test scores of 27 students the person never taught.

At a press conference this afternoon, union president Michael Mulgrew said that releasing the ratings would only confuse parents.

“We have invalid test scores, going into an unreliable formula, which equals a bad result,” Mulgrew said. “And that’s the information the chancellor of New York City has broken his word and said he will release to parents. To once again mislead them, just as he did with the test scores for years.”

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  • Teacher-turned-lawyer

    More smoke-and-mirrors, all trying to distract from the real issue: how to reconcile union policy, which (1) maintains that all teachers are interchangeable cogs and (2) refuses to allow any teacher layoffs, with DOE policy, which refuses to force unemployed teachers on principals that don’t want them.

    It is an impossible system. If the union is right and teachers are interchangeable cogs, then DOE policy makes no sense because principal preference should be irrelevant. However, that is not what happens because principals do, in fact, select teachers. This leads to conundrum #2. If principals cannot have a teacher forced upon them, then eventually there will be a pool of teachers that no principal wants. At that point, the only way to reconcile union policy and DOE policy regarding that pool is — pay them full salary and benefits to remain unemployed.

    Both sides have well-reasoned arguments for standing their ground. Regarding the union, its main duty is to advocate for its members. What kind of a union would it be, if it allowed principals to collude to outcast teachers that they do not like, ultimately resulting in termination? Regarding the DOE, its main duty is to provide cost-efficient but effective education. Ignoring that some teachers are better than others is just stupid, and allowing the union to screw up an otherwise well-run program by forcing its rejects on principals that are fulfilling the DOE’s main objective is suicidal to those goals.

    Both have good points — that’s why it’s a tough situation. But, the fact remains that this impasse costs $100+mil/year and has now deprived would-be teachers of any job for 18 months. THESE IMPACTS ARE UNACCEPTABLE. Additionally, no one is better served by attempts to divert attention from the issue stated above, such as the current lawsuit. Don’t buy the smokescreens from either side. IT’S TIME FOR BOTH PARTIES TO MAN UP AND SOLVE THE TRUE PROBLEM THAT PLAGUES NYC’S EDUCATION SYSTEM.

  • John G

    These teachers arent, actually unemployed. They are serving in schools as teachers. Contrary to stories that are circulated, they are running courses -full programs in many cases- being observed and are compelled to live up to the policies of their schools that apply to all of the other teachers.
    From ground zero (and actual school), they are looking and working no different than the teachers of another generation (like 6 years ago), when they were assigned by the disctrict or moved in on a UFT senioriry tranfer (they’re working everyday, they get all the coverages & hall/ cafeteria duty, submitting grades at grade time, calling parensts and, generally speaking, being teachers).
    Really, the idea that this stalemate (which I agree does exist) is at the root of all of this is way way too simplistic for such a smart guy as you.
    The facts regarding the present war on teachers have many many more roots than just that one. They are much much more related to the burning questions around perception (when a school system has become directly accountable to an electorate, then perception becomes very very important) than they are around human/ financial resources (which is the broad category under which the ATR issue fits).
    The real questions (‘who is to blame for the poor test scores?’ ‘will city kids be able to pass a tougher test?’ ‘where is all that tax money for ed dollars going if the results arent that much better?’ … and more!…), are freaking people -important people- out. They also, I think, require a scapegoat -just incase (just my own opinion there). These questions (related to public perception) are so much more important than the ATR issue.
    Just one more word on that issue. If the mayor was such a good manager of people and money, as he was at his company, and in the city, then why would he establish a system (open market/ATR) that would cost him and our city (and state) hundreds of millions of dollars a year? I mean, why would such a brilliant guy create a system that used its human/financial resources SO POORLY, as to cost everyone soooo much money? Unless he wanted the perception that unemployed teachers are just collecting an empty paycheck to be front and center as he faces Educarion life in a RT3 world? Just an innocent(ly loaded) question.

  • John G

    Of course, what i should have said was …’way too simplistic for such a smart guy as you to embrace’. Apologies.

  • Dee Alpert

    Looking at the timing of various moves described in the petition, looks to me like the NYCDOE gamed the whole thing so that Bloomberg/Klein could take national credit for trying to make the data public while avoiding serious public technical discussions of just how bad and unreliable its underlying data really is. Data Tarzans pounding their collective chests from the teacher-report-trees. Cynical scam, at best.

    I’m betting that both sides will agree to delays ad infinitum and the whole thing will die some natural death, or be so delayed that a final decision comes down in the next century.

  • Amelia Sherry

    I am in agreement that these results SHOULD NOT be published and teachers’ rights should be protected. The bottom line is to find better ways to educate people and improve test scores. This can be a WIN-WIN situation for parents, children, teachers and the Department of Education, but the solution will not be an easy one. First, we need to recognize what the problem is, which becomes unclear when there is too much debate. Focus becomes clouded and all types of related issues come up, resulting in a costly delay in progress. Teachers, parents, administrators and The Department of Education can work together to improve test scores, better educate our children and make New York into the wonderful state it is meant to be to live in!

  • Michael M.

    TTL,

    You’re missing one more angle from your conundrum model: The willful randomizing of teacher capabilities to suit the administration’s ends.

    And, you assume both sides are playing fair. As a lawyer, you must realize such ain’t the case.

    Klein, esquire, treats this as a big adversarial game, in which he holds all the cards, as well as the ear of the 4th estate, and in this episode would like to play from his marked deck while the refs cheer him on.

    Nice to see you have retained a teacher’s idealism, but it is not valued within a block of Tweed, where dogma, not science, rules.

  • Michael M.

    I’d like to see the value-added scores of the scores of private tutors working in Manhattan and elsewhere.

    How does Klein’s system compensate?

  • Teacher-turned-lawyer

    John G’s response has many good points. For example, he is correct that I erroneously characterized ATR teachers as “unemployed” They are, in fact, employed to do the ad hoc jobs that he cites. Maybe a better way to express that point would have been to say that those teachers are “underemployed but overpaid” as it makes little sense to pay a 5-period cafeteria monitor $80K/yr + the best benefits found just about anywhere.

    I also agree that there are more problems that plague NYC’s education system than the UFT/DOE standoff. If I gave the impression that the impasse was the only problem, I apologize. I never meant to do so. Nonetheless, I think that the true impact of the global issues John G states are overestimated. Without doubt, John G is correct in stating, for example, a school system’s accountability to constituents or blame for poor standardized test scores, are on peoples’ minds, and they comprise much of the debate.

    However, I don’t believe that those philosophical or broad concerns occupy the majority of the union’s or DOE’s thoughts. Instead, I believe that they take a more practical approach that places primacy on safeguarding their money and power. The union, completely understandably, will not agree to estrange some of its members, no matter how incompetent. The DOE, also completely understandably, will not agree to subject the success of its schools to the union’s inane assertion that a-teacher-is-a-teacher-is-a-teacher. To be sure, image is a part of maintaining power, but neither the union nor the DOE needs image, as evidenced by their willingness to foreclose the only avenue of employment for recent college graduates whose “teacher-education” enables them to do little else, and all parties’ willingness to ignore that fact — arguably an image nightmare, particularly given the job market desert for new hires, but strikingly absent from any discussion.

    So, although I agree that those global and philosophical issues exist (and, I’m not discounting their importance to many people), I think that the union and DOE care more about $100+/mil in the here-and-now than they do about the 5-year impact of subjecting 9th graders to more stringent Math A Regents standards. And, I maintain that this impasse, which is rooted in the prime directives of the union (to passionately fight for its members…ALL its members) and the DOE (to provide cost-effective education), is front-and-center issue, and that throwing philosophical concerns (why do our HS grads consistently need remedial, HS-level math courses in their first year at college) amounts to mere diversionary tactics.

    Regarding Michael M’s point — no one truly appreciates your cynicism more than me. But, the DOE isn’t the only institution ruled by dogma. Most, if not all, institutions invert the reasoning process: Establish conclusion — create reasons why your conclusion should be true — find facts that support your reasons AND ignore countervailing facts. Also, I agree with you that I assume that both sides are “playing fair” insofar as it means that neither side is lying or committing outright fraud. However, “playing fair” is a pretty mushy concept, particularly when the concerns I stated above exist for both sides.

  • Invictus

    The notion of DOE’s main goal of cost effective education is in itself laughable.  If the demagogues who have been in charge of educational agenda in NYC in the past 8 years point at their policies as examples of this ‘cost effective education’, the only thing that comes into mind being ‘effective’ is the funneling of hard earned tax dollars into ventures that more ‘consistedly’ line the pockets of private corporations, than really, truly educating those who deserve the education.  

    The DOE’s concept of ‘education’ is as ridiculous in nature as ‘credit recovery’ (AKA:  mess ’round the entire year/semester and get credit via some pocket work, that is never well checked) to running computer programs like PLATO, getting physical education credits via playing a Nintendo WII game and other ridiculous things.  

    While large traditional institutions that have catered to serve the neediest go without, their small boutique schools are freshly painted, equipped with the latest gadgets and serve a tiny, lucky population that is hand selected.  

    Geez, if the DOE was a corporation, perhaps ENRON would be its name.  

  • edwina

    I agree with Mr. Mulgrew- releasing these problem-ridden scores will have the same effect on parents that the stupid Learning Environment or Progress Reports have. They try to reduce things to an A through F system and end up confusing parents. What happens when my child is placed into the classroom of a poorly rated teacher? I am supposed to pressure the principal to change his class?
    What then? Dozens of teachers with no students due to parental pressure fueled by inaccurate reports? Can the principal lay off these unpopular teachers? No. Are they then supposed to U-rate them out of their school? Yes. Is it an exhausting, multi-year process to u-rate a teacher out of a bulding? Yes. Does it take the principal away from leading the building? Yes. Does it create a poisonous atmosphere in a school? Yes.
    This is another example of the DOE trying to use principals to rewrite the contract without backup or benefit of a new contract.
    Throw these ratings into the East River along with the Progress Reports, Environment Surveys and Quality Reviews- millions wasted!

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