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NY State Senate passes bill to end seniority teacher layoffs

A bill that would end the “last in, first out” layoff policy for New York City teachers passed in the State Senate today, but faces an uphill battle in the Assembly.

Introduced late last week by State Senator John Flanagan, a Long Island Republican, the bill rules out seniority as the sole factor in determining who gets laid off. Instead, the bill offers eight pages of an extraordinarily complicated, prioritized list of which teachers and school supervisors would be first in line to be laid off.

The bill passed the Senate 33-27, with support from Republicans and two Democratic Senators — Jeff Klein and David Valesky.

Following the vote, Governor Andrew Cuomo put out a statement saying he plans to introduce a bill that would “expedite and expand ongoing plans to implement a statewide, objective teacher evaluation system.”

Rather than replacing “last in, first out” with other measures, which Flanagan’s bill does, Cuomo’s bill would put New York’s new teacher evaluation system in place sooner than was previously planned. The original law had it covering math and English teachers who teach grades 4-8 next year and expanding to all teachers and all subjects by 2012-13. Under Cuomo’s bill, the evaluation would cover all teachers beginning next year.

But that can only happen if school districts successfully negotiate with the teachers union. In New York City, the Department of Education and United Federation of Teachers have yet to reach an agreement on what the local assessments, which form a substantial part of the evaluation, will be.

In his release, Cuomo says that the new evaluation system will replace last in, first out, though he doesn’t explain how.

A Department of Education official called Cuomo’s bill a “sham,” and accused the governor of making a deal with the teachers union to not support ending LIFO in exchange for the union not protesting his budget cuts.

“This is not a layoff bill — it’s a way to get around LIFO without changing the law,” the official said.

Assembly Speaker Shelly Silver did not take a position on the bill that passed today, but said today that he does support ending seniority based layoffs. Echoing Cuomo’s language, he said he was looking for an “objective evaluation system,” to replace last in, first out.

Mayor Bloomberg’s statement:

“Today, the New York State Senate passed a landmark proposal that puts the needs of our children first. Putting great teachers in front of every classroom – regardless of how long they have been on the job – is the most important thing a school system can do to help its students. Enormous credit is due to Senate Education Committee Chair John Flanagan, who has established himself as a statewide leader on education reform, to Senate Majority Leader Dean Skelos, and to the Republican Conference – particularly New York City’s champions, Marty Golden and Andrew Lanza – for taking a stand on behalf of our 1.1 million schoolchildren. I also want to thank Senators Jeff Klein and David Valeskyof the Independent Democratic Conference for putting the needs of public school children ahead of special interest politics. Now, we urge the Governor to include this critically important reform in his budget proposal on Thursday and for the Assembly to support it.”

  • Anonymous

    Sad, very sad. I hope the Assembly shows more sense than the power brokers in Bloomberg’s pocket.

  • Mustafa

    I HATE BLOOMBERG!

  • Mustafa

    And god bless Sheldon!

  • guest1

    This is the first step in ending public sector unions.

    I am a young teacher and I am getting ready to leave the profession because I can see the direction education is going. Politicians do not want this to be a life long career. They want cheap labor.

    I hope other public employees are watching this. Soon we will be laying off expensive police officers, firefighters.

  • Anonymous

    I am getting ready to leave too, hopefully at the end of the 2011-2012 school year. I have about 15 years but I just can’t see doing this for another ten. I’m sick of this.

  • John G

    Actually what Sliver said himself, as recorded and played on WNYC during ATC tonight, was that he couldn’t see how a bill (read: this bill) could be passed without a fair evaluation system first in place for all teachers…as required by RttT. Since that fair evaluation system is 1) being negotiated between the union and the city and 2)will HAVE to be a part of a new contract (stated by Mulgrew and every DR that has visited my school (‘no more work changes without a new contract’)) and 3) will have to be it’s own legislation (introduced by the governor).. this bill is in bad shape.

    And given the zero love-loss between Silver and Bloomberg THIS bill is probably dead. Silver killed 2 of Bloomberg’s major initiatives the past in much this same way. With regard to traffic congestion and the Olympic stadium, on the west side, Silver took a neutral stance until push came to shove and when it did (when a bill got out of the Senate) he made a statement to the press in much this same way, and the bill and the initiative died.

    He is extremely understated to the press, and sometimes speaks in what may seem like riddles, but Sheldon Silver has lead the Assembly for 17 years and he is the shrewdest politian NYS has had since the days of Al Smith and Robert Moses. Books should be written about this guy.If this bill had any chance on the Assembly floor, he would have said so clearly. It’s probably very very dead.

    AS WELL IT SHOULD BE.

  • Mustafa

    Amen!

  • Alan

    Mr. Silver, God Bless You. You will be remembered as the one who stood up to Bloombergs special interest groups.

  • http://twitter.com/SoBronxSchool Bronx Teacher

    Jeff Klein is my senator. I have voted for him in the past, I plan on not voting for him in 2012. Next street fair I see him at I will share my opinion of him. I wrote about him back in September on my blog….http://southbronxschool.blogspot.com/2010/08/getting-to-know-state-senator-jeff.html

    FYI, Susan Ohanian will be my guest tonight on my Internet radio show, at 9 PM EST http://www.blogtalkradio.com/bronx-teacher/2011/03/02/the-mind-of-a-bronx-teacher

  • http://nyceducator.com/ NYC Educator

    Not if you pass some other nonsense sponsored by the faux-Democratic governor.

  • John G

    Oh, amen to THAT! Sad to say I was once a fan of this guy…

  • Viv

    Please- I have 16 more and I ask myself the same ques…. how am I going to do this for all those years to come?? Vivian

  • John G

    I just need to do it for another three … Bloomberg leaves in 2014, doesn’t he?

  • ForNYCkids

    The result of something like this actually happing as I see it are 3 things:
    1) Layoffs of the most experienced teachers because they are too expensive
    2) Erosion of the quality of education in our schools and our children
    3) Erosion in the quality of prospective new teachers

  • guest1

    Does anyone have a link to the individual senators’ votes?

  • Wondering

    I only have be teaching for a few weeks I hope I still have some good experienced teachers left in my school to help me out , but doubt it since I most probably will be lay offed anyway. How does merit evaluate a teacher with less than 2 years of experience in the first place.

  • lifetime_educator

    I hope to goodness (and for the sake of your students) that your post is not representative of how you use spelling and grammar in your classroom.

  • John G

    Well if you listen to Michelle Rhee, then it’s likely that as a new teacher, you’re one of THE MOST effective in your school! Congrats!!

    … and of course if you listen to common sense, it takes between 3 – 5 years to really learn your job. Most new teachers are, in the meantime, graded on a well-deserved curve.

    (and by the way, layoffs are probably not happening anyway now, so don’t worry.)

  • bookworm

    I am looking to leave also. I have 2 years after this one to be fully vested with 10yrs in, and will spend those 2 (if my ATR butt can stay hanging on) getting my certificate in administration so I can look for a job outside the City (even out of state if it comes to that) once I am vested. Was hoping to make it to 55 and taking the reduced pension then (the year I turn 62 would be my 25th year, so the buy-in was not good for me), but I’d consider that a bonus now. Just trying to get vested, then out.

  • Zimma

    Let’s say that LIFO goes away. How does a principal lay off a teacher with tenure? Isn’t due process still in play?

  • GC

    Layoffs are not termination, there is in theory a recall (as happened in the years after 1975 in NYC, in stages) as financial conditions improve/change. Tenure is due process for staff, firing for due cause. Two different things.

  • http://www.lawyer-seo-marketing.com/ Law Firm Marketing

    I think it would be better if there will be a proper evaluation on the teacher rather than to replace the “last in, first out” method. And for the teachers of the specified institutions, they will not easily be convinced of the said prospective. There should have fare implementation with regards to this issue.

  • Peter

    Looks like Cuomo and Silver outmaneuvered Bloomberg, Cuomo needs an on time budget and he needs Silver … Bloomberg couldn’t bully the big guys. The “fat lady” doesn’t sing until the end of the session … it almost seems as if Bloomberg doesn’t want more funding from the State.

  • John G

    Well, why don’t we NOT say that LIFO goes away!

  • Mustafa

    Geez man, I’m very forgiving when it comes to spelling and grammar but if you’re shilling for a specific law firm on here, you might want to work on it.

  • http://twitter.com/SoBronxSchool Bronx Teacher
  • Mustafa

    Bravo!

  • Vote NO

    Maintaining LIFO is the best way to avert layoffs. The Mayor is so obsessed with ending LIFO that if he can’t get the law changed, he will probably do all he can to NOT layoff anyone.

    It should be the goal of everyone concerned with the education of NYC’s children to do all they can to make sure that layoffs do NOT occur!

    NYC class sizes are already too large.

  • Mustafa

    Click on the link in the article where it says “bill passed”.

  • http://www.accountabletalk.com/ Mr. A. Talk

    I think their current rate is 30 pieces of silver.

  • I noticed that…

    The Assembly won’t pass it. They know that Bloomberg is disingenuous about the need to protect the children and he’s now forced to layoff 4,500 teachers if the seniority rule isn’t changed. The State Senate passed it because they prefer to prositute their values for a chance of getting next to Bloomberg’s moneybag. The Assembly will examine the bill and look at the pros and cons of it and if the bill’s proposal will cause more instability in NYC school system, only harming the children and their future.

    As for Jeffrey Klein, he made a decision to cave in and drink the kool-aid that poisoned his political career. I live in the neighborhood that he represents, which has a lot of public schools. It is time for me to give him a visit and have a long talk with him. I have to give Bronx Teacher a call and see if he would like to accompany me to Senator Klein’s office and educate him in the ABCs of why the seniority rule is in place.

  • http://twitter.com/SoBronxSchool Bronx Teacher

    Yeah, you should. Email me.

  • An Effective Teacher says…

    There is already a “fare” evaluation of teachers in place. Those teachers highlighted in yesterday’s Post were not fired because of Bloomberg’s failure to implement it by purposely not hiring enough people to judge the cases in a timely manner. Hence, they were offered “deals” through the expedited arbitration. This is once more a failure of Bloomberg and the DOE and not due to the unions.

  • http://www.incongressional.com/ Esteban Rodriguez

    03/01/11  S3501-B   Senate Vote   Aye: 33  Nay: 27
    Nay Adams Nay Addabbo Aye Alesi Nay Avella
    Aye Ball Aye Bonacic Nay Breslin Nay Carlucci
    Aye DeFrancisco Nay Diaz. Nay Dilan Exc Duane
    Nay Espaillat Aye Farley Aye Flanagan Aye Fuschillo
    Aye Gallivan Nay Gianaris Aye Golden Aye Griffo
    Aye Grisanti Aye Hannon Nay Hassell-Thompson Nay Huntley
    Exc Johnson Nay Kennedy Aye Klein Nay Krueger
    Nay Kruger Aye Lanza Aye Larkin Aye LaValle
    Aye Libous Aye Little. Aye Marcellino Aye Martins
    Aye Maziarz Aye McDonald Nay Montgomery Aye Nozzolio
    Aye O’Mara Nay Oppenheimer Nay Parker Nay Peralta
    Nay Perkins Aye Ranzenhofer Aye Ritchie Nay Rivera
    Aye Robach Aye Saland Nay Sampson Nay Savino
    Nay Serrano Aye Seward Aye Skelos Nay Smith
    Nay Squadron Nay Stavisky Nay Stewart-Cousins Aye Valesky
    Aye Young Aye Zeldin

  • http://www.incongressional.com/ Esteban Rodriguez

    Didnt format well. The voting record is to the left of each Senator’s name.

  • old unionist

    What is Gotham schools opinion of these events surrounding LIFO and the mayors agenda regarding layoffs?

  • Stephwells9

    Are people really so dull that they believe Bloomberg’s statement? It is so obvious that the salaries of experienced teachers must be targeted here in order to find money with fewer layoffs. (Maybe the Koch brothers can give the gov’t some charity?) Teachers are not the equivalent of fast food workers who all have a job that can be measured with very specific, uniform and straightforward quantifications. So if your salary is high, you are instantly at a greater risk to be fired; this is why seniority exists in the first place, and this fact ensures quality instruction for our children. It is so disheartening to be a teacher in America these last few weeks. The attacks are coming in from all angles. After everyone is fired, we will be a third world country (and the only jobs left for our students will be in fast food) because quality education will be a thing of the past.

  • concerned mom

    You know we wouldn’t be in this mess if people weren’t so damn greedy. There’s money everywhere. The state lotteries for instance, mega is what $105 million right now, you take half of all lottery winnings and put it into a fund for teachers, police & fighter fighters because theres not enough compensation for what they do. Corporations that make a profit should automatically be forced to put say 2 – 5% of that profit into a fund to support our teachers/schools, police & fighter fighters. Athletes, don’t even get me started with them & entertainers. It’s sickening what they all are making. How many houses can you live in at once, how many cars can you drive at once, how many toilets can you crap in at once! I’m not saying that people don’t have a right to enjoy luxuries but so much is being wasted and hoarded, when it can be used to encourage, support, & secure the future of our society and most important our children who will one day not only be our leaders but our care takers.
    From a deeply concerned mom of three little ones.

  • concerned mom

    You know we wouldn’t be in this mess if people weren’t so damn greedy. There’s money everywhere. The state lotteries for instance, mega is what $105 million right now, you take half of all lottery winnings and put it into a fund for teachers, police & fighter fighters because theres not enough compensation for what they do. Corporations that make a profit should automatically be forced to put say 2 – 5% of that profit into a fund to support our teachers/schools, police & fighter fighters. Athletes, don’t even get me started with them & entertainers. It’s sickening what they all are making. How many houses can you live in at once, how many cars can you drive at once, how many toilets can you crap in at once! I’m not saying that people don’t have a right to enjoy luxuries but so much is being wasted and hoarded, when it can be used to encourage, support, & secure the future of our society and most important our children who will one day not only be our leaders but our care takers.
    From a deeply concerned mom of three little ones.

  • Brooklyn Teacher

    Thank you for the information!!!

  • DexterManly

    As a current teacher who once worked in risk management at a large trading firm in the world of high finance, I cannot believe the maddening irony that surrounds me, as I watch this country’s government punish my current colleagues, the nation’s teachers, for the sins of my former colleagues, the thieves and swindlers of the Devil’s Casino.

    After watching one too many so-called “adults” drag heaping sacks of cash through the loopholes of the “regulated” markets of the SEC by way of back-stabbing, lying, and stealing, I decided I had seen enough greed and ugly humanity to last a lifetime.

    So I ended what could have been a very lucrative career and enrolled in graduate school to get a Master’s in education. At the time I figured, yes, I was going to earn a fraction of my previous salary, but the changes I would make in the lives of children would make the switch worthwhile.

    It is now seven years later, the stock market has since collapsed and rallied back, and the country is mired in 10% unemployment.

    And now I sit here, a guy who gave up money and greed to help kids and to make the country a better place.

    Being that I am still many years from retirement, I would just like to thank our federal and state governments, in advance, for taking away my pension and for driving the best and brightest away from ever considering entering the field of education.

    Maybe it’s just me, but I don’t know too many people who have a solid grasp on physics who would be content working for $40, 000, no tenure, and no pension.

    Do you know of any math wizards interested in a similar offer? No, I didn’t think so.

    So, good luck to you, the good people of the United States of America. We will get what we deserve for our silence and apathy:

    A generation of students who can’t read, can’t write, can’t think, or just plain “can’t”.

    Get used to that word. You will be hearing a lot of it, and all because we “can’t” figure out why smart people (“the best of the best”) don’t want to work at a job with low pay and zero guarantees for the future.

    But, who knows, maybe someone will make an iPhone app that will fix the whole thing.

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