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For second time, a court rules city can release teachers’ scores

The city can release teacher ratings data to news organizations, the state’s second-highest court ruled today in another serious blow to the union’s effort to keep individual teachers’ scores out of the press.

The release won’t happen right away while the legal fight continues, Department of Education officials said.

But the union is running out of chances to stop the ratings from being published. In December, a State Supreme Court judge ruled that the city could release Teacher Data Reports for at least 12,000 teachers who have them. After the Appellate Court ruling today, the union’s last hope is the state’s highest court, the Court of Appeals.

The union is already working on its appeal, UFT President Michael Mulgrew announced moments after the Appellate Court ruling.

Because the four judges on the Appellate Court ruled unanimously against the union, there’s no guarantee that the Court of Appeals will hear the case. Instead, the Appellate Court has to give permission. Within days, the union will ask the appellate court for permission to have the case heard in the Court of Appeals. If permission isn’t granted, the union can also ask the Court of Appeals itself. If the Court of Appeals declines to hear the case, then the Appellate Court’s decision would stand and the union would be out of options.

“We will await the court’s decision on [the UFT's] request to appeal before we release the data,” said Natalie Ravitz, a DOE spokeswoman.

The Teacher Data Reports are “value-added” evaluations, which grade teachers by comparing their students’ test scores to forecasted scores. They were created as an internal assessment, designed to help teachers gauge their own performance. But the city announced it would release the ratings publicly after several news organizations filed Freedom of Information Law requests for them. That announcement prompted the UFT lawsuit.

The Appellate Court judges ruled that making teachers’ ratings available is in the public interest. “The reports concern information of a type that is of a compelling interest to the public, namely, the proficiency of public employees in the performance of their duties,” the judges wrote.

But the union argues that the data reports’ wide margin of error means it would be irresponsible to publish them.

“Experts agree that an ‘accountability’ measure with a 58-point swing — like the DOE’s teacher data system – is worse than useless,” Mulgrew said in a statement. “Parents and teachers need credible, accurate assessments rather than guesswork.”

  • Follow the Money

    Yay public shaming! We teachers completely deserve this for all the hard work we do! We so have it coming!!!

  • http://perdidostreetschool.blogspot.com reality-based educator

    How is it that anything with a margin of error as wide as 35% is “in the public interest” to release?

    Seriously.

    The MOE doesn’t matter?

    Would President Obama trust a political poll with a 35% MOE?

    Would Mayor Bloomberg trust a company that had a 35% MOE in the reporting of its financial data?

    The answer is no in both cases.

    But when it comes to teachers, well, all that matters is “accountability”.

    So what if the “accountability measures” are unreliable and damaging to a person’s reputation (once they are published in the newspapers.)

    So what if the MOE is 35%?

    All that matters is that we “get tough” on “bad teachers”!

    Never mind that this “system” has as good a chance as slandering “good” teachers as it does of picking out “bad” ones.

    This is the union’s fault for agreeing to these things in the first place, but now it is completely in the UFT’s interest to NEVER go to the table and negotiate a new teacher evaluation system.

    We’ll see if the leadership has the guts to do that.

    I suspect they don’t.

    But when an “accountability system” with a MOE as large as 35% is going to be used to bludgeon good professional teachers, there is no reason to do anything to make it easier for Bloomberg and the DOE to get on with the bludgeoning.

  • Follow the Money

    Well, speaking as a teacher, I would prefer to be tarred and feathered and paraded around publicly. Least that way I’ll get some fresh air.

  • guest

    When they release this info I am betting that teachers will be physically threatened and probably be hurt.  I hope these teachers SUE the DOE and anyone that posts the info.  I know Mulgrew, in the past, said that the UFT would ‘help’ anyone who had problems because of the release of data.

    Forget the errors, there are some really scary parents out there.  I know teachers who have been threatened.  I know teachers who have had to flee their classrooms. 

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

    But let’s not curse the darkness. At least we’ll be able to see Ruben Brosbe’s TDR, and hopefully all the great and wonderful teachers of E4E’s TDR’s.

  • I noticed that…

    How will the union help those untenured teachers with an extension of probation (some are on their 2nd extension) when they are terminated based on the faulty TDR?  At will employees are at risk of losing their teaching position because the MOE will be the end of their teaching career?  I agree with RBE.  The union must look 10 steps ahead of what the DoE’s next move will before making any more negotiations that will cost the members’ career.  These deals with the DoE are undermining the teaching profession.

  • I noticed that…

    How will the union help those untenured teachers with an extension of probation (some are on their 2nd extension) when they are terminated based on the faulty TDR?  At will employees are at risk of losing their teaching position because the MOE will be the end of their teaching career?  I agree with RBE.  The union must look 10 steps ahead of what the DoE’s next move will before making any more negotiations that will cost the members’ career.  These deals with the DoE are undermining the teaching profession.

  • flerpo

    assuming this decision is not reversed, a lawsuit against the DOE for releasing public agency records in response to FOIL requests would be a gigantic waste of your union dues.  

  • Guest

    Still waiting to see physical fitness test results of police and firefighters, surgical complication rates of doctors at public hospitals as well as job performance reports of every other public employee. Why stop with the public sector how about performance reviews of employees at any company enjoying tax breaks or TARP money. All equally or more valid than TDRs.

  • flerpo

    file a FOIL request, see what happens.  

  • Follow the Money

    Flerpo – I’m officially a FOIL request for all your employee evaluations. Please publish them.

  • Follow the Money

    *officially FILING even ;) Looking forward to seeing them.

  • guest

    And, we shall keep posting it if Ruben comes back.

  • flerpo

    i preferred the version where you were the FOIL request. reminiscent of the “just a bill on capitol hill” film. 

  • flerpo

    i preferred the version where you were the FOIL request. reminiscent of the “just a bill on capitol hill” film. 

  • flerpo

    i preferred the version where you were the FOIL request. reminiscent of the “just a bill on capitol hill” film. 

  • Follow the Money

    I hate to say this, but I don’t think we – as teachers – should be hypocritical here. Either we’re for this, or we’re against it – all of it.

  • Follow the Money

    I hate to say this, but I don’t think we – as teachers – should be hypocritical here. Either we’re for this, or we’re against it – all of it.

  • Follow the Money

    I hate to say this, but I don’t think we – as teachers – should be hypocritical here. Either we’re for this, or we’re against it – all of it.

  • Follow the Money

    I hate to say this, but I don’t think we – as teachers – should be hypocritical here. Either we’re for this, or we’re against it – all of it.

  • Follow the Money

    Nice diversionary comment, but please, don’t be a hypocrite. If you think you should see my evaluations, let me see yours. Quid pro quo. Only fair. Only right. And don’t use the “public employee” argument. It might work on the technicality end, but it sure isn’t a philosophically sound reply.

  • guest

    They wouldn’t pay for it.  But, I’m sure they find other ways to help.  They can go to the press and make it news.  I go to the delegate meetings and I can tell what really pisses off Mulgrew and what is just show.  This really gets under his skin.  I’ve learned to read him pretty well and I know when he is talking out of his a$$.  This and bedbugs really bothers him.  I wish other things bother him as much as this. 

  • EdintheApple

    The Freedom of Information Law (FOIL) in NYS has very few exceptions and the decisions comply with the requirements of the law, of course the DoE, who frequently stonewall FOIL requests for months was more than happy to acquiese to the requests of the newspapers.

    The union has chosen the long route, going back to the Appelate Court ‘request deneid.”and then on to the Court of Appeals – probaboy many months until the one sentence reply

  • flerpo

    i haven’t researched this area in a long time and i haven’t seen the briefing in this case, but having read the decisions of the trial court and the appellate division, it would seem to me that there’s at least some possibility that the court of appeals could go the other way on this.  the trial court reviewed the DOE’s decision to release the TDRs under an extremely deferential standard that’s the usual standard for reviewing any government agency decision.  under that standard, the court asks not whether the decision was correct, but whether there could be any rational basis for the decision.  (in laymen’s terms:  was the decision insane?)  the appellate division held that the trial court got that standard wrong, and that it should have reviewed the decision to see it it was “affected by any error of law.” i don’t know offhand whether that standard would take the analysis into a “de novo” territory.  the appellate division found that even under the proper standard, the DOE’s decision was proper.  but it’s possible that the court of appeals could reach another conclusion under that standard.

  • flerpo

    sorry, i thought we were being friendly and lighthearted. apparently not.  if your comment is serious, then i’ll ask you to take mine seriously, too.  file a FOIL request and see what happens.  or do some research on what criteria a FOIL request must meet to be granted.  they’re more specific than “stuff someone wants to know.”  and even for public employees such as yourself, employee evaluations may NOT be subject to disclosure if they consist of a third party’s (i.e., your boss’s) subjective observations.  that is to say, if teachers were observed by principals and given written evaluations and criticisms of their work — a system that makes a heck of a lot more sense to me, but which i presume the UFT has rejected out of hand already — there would be a basis to refuse to disclose those reports in response to a FOIL request.  

    also, documents containing information relating to the job performance of firefighters, policemen, etc. have been released pursuant to FOIL requests on many occasions, including documents that one could imagine might subject those employees to personal threats (like personnel files of employees who had been subject to reprimand or disciplinary action).  FOIL is a law of broad applicability. it’s not just there for harassing teachers.     

  • flerpo

    that ship has long sailed.  that guy was publicly vilified on these message boards hundreds if not thousands of times.  you’ll be able to google that stuff in 2025.

  • Lurker

    You will now see a HUGE amount of teachers transfer out of TDR testing grades next summer. As someone here mentioned there are a lot of parents out there who will be enraged when they read that their child has a “bad” teacher according to flawed TDR data. What teacher in their right mind would want to teach in a difficult school and have their livelihood (and personal safety) on the line due to the release of this information?

  • flerpo

    also, i should have noted that i think you’re being too dismissive of the public/private distinction.  freedom of information laws are extremely important tools for making government accountable and accessible.  we haven’t always had them, and we shouldn’t take them for granted.  on the other hand, there are few principles that are more essential to american law than the principle that the government is democratic (“of the people, by the people, for the people”) and has limited power over private individuals.  the fourth amendment says that the government has no right to enter your house without a warrant.  the warren court said that you have a “right to privacy.”  if you want to enter my house, and i refuse to let you enter, you can ask the police to knock the door down for you, but they won’t.  the reason they won’t is because neither you, nor the police, have the legal right to do that.  and the reason that neither of you have that right is because it has been decided that my privacy is worth more than your interest in getting inside my house.  

    it’s a good rule, i think, though you’re welcome to disagree.  it’s based partly in the principle that people should be allowed to be left alone, and partly on the conclusion that it’s not worth disturbing that principle just so some random citizen, with no probable cause and no exigent circumstances, can nose around in another man’s business.i understand that your point is essentially one about privacy — if we’re talking about truly “private” information, what’s the difference who you work for? either way, it’s  embarrassing and uncomfortable for the person whose privacy is at stake. and that’s true. but the difference is that there is a countervailing principle that weighs against your privacy interest — the interest in making government accountable.  that’s how the balancing test that the court applied in this decision today came about.  you balance individual privacy rights against public accountability.  maybe we don’t like the results all the time, and maybe the process can be unfair, but it’s just not correct to say that there is no philosophical basis on which to argue that freedom of information requests should apply to any private citizen.     

  • flerpo

    sorry, last sentence should read “should *not* apply to any private citizen.”  

    ok, that was a shameful waste of time.

  • Follow the Money

    To the extent the TDR’s have a 50 point margin of error, they are as subjective as any Principal’s written feedback. Mine shifted 50 points in the course of one year, so I speak from experience. When you can find the research to back up TDR’s as correlated to actual educational progress outside the test scores alone, then you can lecture me on how they are linked to government accountability. That said, you seem like a nice person, so I send you genuine smiles, despite the disagreement :)

  • Follow the Money

    Oh, and I should add – mine went UP 50 points over the last year, though I changed NOTHING about my educational practices. So I have more to gain by mine actually being seen. Yet I believe that that level of change – that level of volatility – over the course of one year – speaks to the deep flaws of these TDR’s, and I don’t think anything so flawed should be used to evaluate teachers – make potential hiring and firing decisions… let alone be published in national newspapers – for all the world to see. What would we be saying if – in some other field – the employee moved from the 20th percentile to the 70th percentile in the course of one year? That they got the magic mentor from professional fairy land? That they received magic employee juice? Pixie dust? More likely – we would start to have deep misgivings about the measurement system itself. A shame that doesn’t seem to be happening here.

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

    Who is this flerpo troll???

  • Trollsareus

    A lawyer who is a here to stir up trouble.
    He plays both sides of an issue

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

    You mean like Barack Obama? ;)

  • http://twitter.com/SoBronxSchool Bronx Teacher
  • http://twitter.com/SoBronxSchool Bronx Teacher
  • http://bubbler.wordpress.com/ Mark

    I don’t believe you are using the term “troll” here correctly. A troll on a comment thread refers to someone who deliberately hijacks a thread with inflammatory remarks. You seem to be using “troll” to refer to someone who (in a civil manner) disagrees with you and others, and in such a case it seems derogatory on your part.

  • flerpo

    in all fairness, mark, i can be cranky sometimes. 

  • flerpo

    is there an example of what a TDR report looks like? i.e., assuming the DOE were to release the actual reports, rather than newly created documents that summarize their contents, what exactly would the documents look like? 

  • Jay1

    I saw the handwriting on the wall two years ago and made moves to transfer out of classes that end in state tests into classes that do not.  Now, as my fellow teachers are worried and broken, fretting that their little darlings may bomb the test just for fun (and negatively impact the ratings of the teacher,) I sit back and relax.  I am a highly rated teacher by all measures.  The DOE keeps trying to make me a ‘master’ teacher, but I demure.  As some comments here have suggested: no teacher in his or her right mind would stay in a high needs school, and have subjects that end in state tests, if they could help it.  We love teaching and we love our students (most of them, anyway), but who wants their job security tied to a student body of really broken kids?  I can only do so much with students who come from broken homes, who are in gangs, who are seven grade levels behind (no joking here) and who take little interest in learning no matter how much fire-juggling I do.  I bring them up when they’re with me, but most of my students will never reach anywhere near grade level no matter how many master teachers they have.  So I try my best and they grow, but not fast enough for the task master that is the DOE which fails to recognize reality and let us teach what the kids really need to make real progress. 

  • Troolsareus

    Read what he writes.He admits he is a troll. A cranky one at best

  • I noticed that…

    Jay1, you stated it correctly.  There are no master teachers out there that can bring students who are 5-7 years behind, and not interested in learning to bring them to grade level.  The DoE should recognize, if they understand child development, that teaching and educating students is the most important part of a child’s growth and development, even their growth brings them only 4- 5 years behind their peers instead of 5-7 years.  It is unrealistic to think that a child will learn everything that he/she has lost in those 5-7 years in one school year.  If a child shows growth, celebrate.  But those students with so many challenges in their personal life will have no or very little growth.  For those children, the DoE should look at the data and provide all the necessary services, such as social workers, attendance teacher, psychologist, and any other services that will help them emotional so teachers can then help them academically. 

     instead of 5-7 years.  It is unrealistic to think that a child will learn everything that he/she has lost in those 5-7 years in one school year.  If a child shows growth, celebrate.  But those students with so many challenges in their personal life will have no or very little growth.  For those children, the DoE should look at the data and provide all the necessary services, such as social workers, attendance teacher, psychologist, and any other services that will help them emotional so teachers can then help them academically. 
    .

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