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aftermath

Few hard details about 24 schools as city prepares legal action

Mayor Bloomberg speaks at a press conference this afternoon in Union Square.

The city canceled meetings with the teachers and principals unions today as its lawyers prepare to seek a restraining order against a ruling that reverses thousands of hiring decisions at 24 struggling schools.

Both the United Federation of Teachers and the Council of School Supervisors and Administrators planned to meet with city officials this afternoon to figure out what would come next for the schools, which had been slated to undergo an overhaul process called “turnaround.” The process involved radically shaking up the schools’ staffs, which total more than 3,500 people. But the arbitrator’s ruling undid all of the changes.

UFT President Michael Mulgrew said the meeting was already on his agenda by Friday afternoon, just hours after the arbitrator ruled that the city’s staffing plans for the schools violated its contracts with the unions.

A main agenda item would have been figuring out a mechanism for staff members who were not rehired at the schools to reclaim their positions. Another issue, Mulgrew said on Friday, was whether the city and unions might instead try to hash out a teacher evaluation agreement for the 24 schools so they could undergo less aggressive overhaul processes and still qualify for federal funding.

But this morning, the city told the unions that the meetings were off.

Mayor Bloomberg explained this afternoon that he thinks the city should not have to abide by the arbitrator’s ruling until the arbitrator explains his reasoning.

The arbitrator, Scott Buchheit, released only his conclusions, not the legal rationale he used to get there. That would come separately, he wrote. The city and unions agreed to fast-track the arbitration, which was binding, on the grounds that schools would be harmed if hiring decisions were not made before the end of the school year.

“I have no idea what was going through the arbitrator’s mind,” Bloomberg said after a press conference about a city greenmarket initiative.

“I can just tell you, there are 24 schools, [and] almost all students there are minorities, single-digit-proficiency levels,” Bloomberg said. “These kids, if they’re there for one more year, will never recover in their entire lives.”

City lawyers are preparing papers to present to a judge as early as this afternoon — but more likely tomorrow — that will make Bloomberg’s case.

The lawyers are not at all assured success: They will be seeking a restraining order in New York State Supreme Court, the same court that urged the city and unions into the binding arbitration in the first place. Plus, they will be asking to put on hold the results of a refereeing process the city willingly entered, with a referee that the city and union both approved.

Meanwhile, teachers at the schools are weighing their options. Any teacher who was rehired as part of the turnaround staffing process will automatically keep his or her job, and any teacher who took a job in another school for the fall can choose whether to keep that position or retake his spot at his former school, according to a message from the UFT to teachers at the schools distributed on Friday.

Teachers who weren’t rehired will be able to reclaim their spots and slide right back into the seniority rank they occupied before. Seniority will come into play if the schools lose students and must shed teachers, which contractually must be done according to the principle of “last in, first out” in each subject area.

All of the principals who were in place last week are also entitled to stay on, even if they had been told they would not return this fall. But a handful of principals who left their schools early in the turnaround planning process this winter — including Barry Fried at John Dewey High School and Anthony Cromer at August Martin High School — will not share that right, according to a principals union spokeswoman.

And staff members at the schools are worrying that even if the rehiring reversal stands, the uncertainty that has hung over the schools since last fall will not abate.

A teacher from Long Island City High School who listened in on the hearing where the city and unions agreed to arbitration said at the time that the turnaround schools would be harmed regardless of the lawsuit’s outcome. “It’s like they’re pushing Humpty Dumpty off a wall,” the teacher said. “You will have a lot of trouble putting [the schools] back together again.”

A teacher at Lehman High School said he’s moving on to another school and expects many of his former colleagues to make the same choice. “The administration and principal completely ignored the school these past few months while they planned for next year,” he said. “I believe that it is very likely that our stats went down from last year.”

Among the unanswered questions is whether the nonprofit organizations that had been working with a dozen of the schools will continue to play a role in their operations. The city had hoped to use federal School Improvement Grants to pay the groups, but the grants are almost certainly off the table because the arbitrator’s decision will mean few if any schools meet federal and state eligibility rules.

“Everyone is nervous about what happens next,” said Lisa Jimenez, a teacher at Newtown High School, which has been working with a group called Diplomas Now. “Do we need to worry about getting closed next June? Do we continue with the original plan of these schools having three years to improve?”

  • cj

    The question one has to answer is whether or not it is the sole purpose of a high school education to prepare all students for college.  There are lots of good paying jobs available for students with certain skills that do not require a college education.  Perhaps that is where the problem is today.

  • Turnaround survivor

    Non-Profit Companies Helping schools—
    don’t
    think so at Richmond Hill?

    As a long time teacher at Richmond Hill, I am
    very happy to see that our non-profit company, High Schools That (don’t )Work, is
    getting the boot as a result of the lawsuit. I heard the other day that this
    non-profit union busting company received some $800,000.00 for consulting work
    and produced little or no results. This company came to my school, provided the
    worst possible staff development, and protected a horrific administration in
    its death throes, unable to graduate 50% of the student body. The DOE should seriously
    examine these outside companies and the havoc they caused at my school. Shouldn’t
    we be assessing the progress of these non-profit companies within DOE? The DOE and the federal government would have been better off
    giving the money directly to students and not to some group of outsiders who
    are not responsible and not accountable to anyone but themselves. Obama, are
    you listening?

  • Informed

    It’s clear there is much you do not understand. Many “A” schools post very low college ready rates but are regularly touted as exemplary schools. College persistence rates are released to schools privately, hence you will never see that data but it’s interesting data nonetheless.

    The citywide average college ready rate is 21.5% That means that only approximately 1 in every 5 students actually enters college without needing remedial math and english. From math, we know there are “outliers” but how do we get such a low citywide average if most schools are posting high college ready rates? Mathematically impossible.

    Let me clarify “proficiency rates” for you. High school students are assessed by credits and Regents exams. Exams are given scores (65%, 75% etc).
    These scores are not referenced as proficiency scores but percentages. The proficiency scores are the ELA and Math scores (ranging from 1.00 to 4.50) that are assigned to students in grades 3 through 8 upon completion of their state exams. They then come to high school with single digit proficiency scores. Even the most accomplished student (level 4) has a single-digit proficiency score (after all, 4 is a single digit).

    Bloomberg’s statement is a “shock and awe” tactic at which he has become very adept. What he doesn’t point out to the everyday New York tax payer is the following:

    These 24 schools have high concentrations of Special Needs and ELL students who require substantially greater support (both academic and social emotional) to advance in alignment with their peers. The counseling support most special needs students require is often divided up by school psychologists and social workers who are itinerant – i.e. they are in the building only 1 day per week and are “shared” with other schools. Therefore, despite what a students individual education plan mandates, that student receives what is available.

    These 24 schools, because of their low report card grades, watch their incoming proficiency levels deteriorate each year because parents will not send their children to schools that have low report card grades (understandably). Therefore, students who struggle greatly with reading, writing and mathematics are assigned to these schools. That requires intensive, academic support and intervention that should extend beyond the school day but there is usually no money available to pay teachers to work outside of the contractually mandated time. Therefore, if it doesn’t happen during the school day, it doesn’t happen.

    There is a reason why middle school progress report cards (starting this year), will reflect “high school ready” metrics. There are simply too many students still being socially promoted by completing a magical portfolio approved over the summer and then, voila, they are deemed high school ready.

    Last point, why is it acceptable for Bloomberg to selectively micromanage the educational system? What does he know about cultural pedagogy, depth of knowledge levels, Common Core writing standards or formative/summative assessments? Not much, I suspect. Shouldn’t the person making the decisions that impact 1.1 million students and thousands of teachers know a little something about the work?

  • Anonymous

    The mayor has thrown a hissy fit.

  • Anonymous

    So each year I get a crop of 9th graders.  In a class of 30, two-thirds don’t read on grade level.  That’s one huge hurdle.  They cannot understand anything in their American history textbook for the most part because the reading is so difficult.  On a page there are so many vocabulary words they don’t know that the reading is nonsensical to them.  Then we have the behavior issues.  Because they can’t do the work, they try to spend a lot of time getting out of doing the work.  They try to disrupt class as much as possible so no one will realize they can’t do the work.  A large part of my job is to make the reading as accessible as I can.  I won’t go into the variety of ways I “scaffold” instruction and “differentiate” so the students can indeed be successful in class.  It works well, however, when they have to do an assignment without my help they falter.  Most of my students cannot just write something on demand.  They need a lot of prewriting help, graphic organizers, help with reading instructions.  Teaching is complex.  I know most people out there who are not in the classroom don’t believe it.  They remember their school experience in which someone stood in front of a classroom and fed them information.  These people probably were good students, on grade level who could read and write.  The gap between my students thinking skills and their literacy skills is huge.  They are good thinkers, they have great ideas they have terrible literacy skills.  It takes years to close that gap.

  • ASTRAKA

    “Why should tax payers pay to keep it open?”

    At the risk of sounding callous, one of the major components of education, in any society, is socialization.  In our culture, education is also used to keep a certain segment of our population out of the working force. 

  • Jjman36

    These kids, if they’re there for one more year, will never recover in their entire lives.”
     
    If he is the head of the DOE for another year the system may never recover!  He is blind to the fact that it is Mr. Bloomberg himself who is inflecting the damage. If only he didn’t have the teacher bashing, anti-union New York daily papers to help spread his propaganda!

  • Jjman36

    The statistics are not accurate. Do you really think that if you suddenly replace a students teacher with another teacher that they will now be ready for college?  It is a socetial issue. My friend not every kid is college material. Some one has to drive the bus!

  • East Sider

    Sounds like you’re doing all the “right” things, hopfully your school provides double periods of English, an Advisory class, and links the readings between the English and Social Studies classes … excellent teachers and school leaders in a collaborative setting are the essentials.

  • Nycdoenuts

    Gotcha. The term was just a reference to the reality that ELLs, LDs and other students who perform low require more resources to gain access to the same learning and same opportunities. They’re fully capable. They just have higher need. Many of these schools weren’t originally outfitted to take on such a high % of those groups of students at the same time.
    Aside from the semantics, though, it sounds like we’re in relative agreement.

  • Ka D’Argo

    “These kids, if they’re there for one more year, will never recover in their entire lives.”

       This is borderline slander, IMO.  Maybe the UFT can get a restraining order on his mouth.

    Bloomberg has given us a look at the darker side of his nature in the past few years, but a comment like this is almost beyond belief, and you know his lackeys
    at the Daily News and Post are not going to call him on this kind of a statement because they have basically been printing the same stuff the past few days after being given their marching orders by Bloomberg’s PR assassins.

  • Jjman36

    Mr. Bloomberg speaks of replacing teachers with better teachers but one has to wonder from where these “new” teachers will appear, out of thin air?  It is clear to anyone who follows Bloomberg’s educational strategy that he only wants to replace experienced teachers with less experienced ones who are cheaper.  In fact hiring cheaper, newer teachers is a centerpiece of his overall strategy which tragically has nothing to do with curriculum or teaching practices in the least. The media needs to hold Bloomberg accountable!

  • Fhutchins1966

    The principal at Lehman and her assistants really jumped the gun and did ignore everything, completely thinking that we were going to be “Throggs Neck.”. She has some connections, but will be let go down the road. She is hated. Lehman’s #’s are down down down.

  • Jjman36

    Bloomberg is coming un-glued just like any dictator whom can see the end in sight. As Shakespeare once wrote “The lady doth protest too much, methinks” Mr. Bloomberg knows he has made many mistakes with the schools (Kathy Black anyone?)  He is desperate!  He will not work with anyone who doses not agree with him completely, clearly behavior indicative of a tyrant not an elected leader.  

  • Jjman36

    Bloomberg is starting to look more and more like Bogart in the film classic the Cain Mutiny! How about Anthony Hopkins in The Bunker?

  • Jjman36

    Bloomberg has caused mor in damage to the students than any person in the history of NYC or the USA! Get the word out! He can be brought down!!!1

  • Paladin55

    The issue cannot be stated any more clearly than you have done it, elaza, and it is always a topic of discussion in the teacher’s lounge, as we discuss the latest articles in the Post or News blasting our profession.

    My added issue is that they now take most students, despite their reading or academic ability, and put them in one class, and we, as teachers, have to differentiate our course material (and evaluation!!) to adapt to this wide variety in skill levels.  

    We are told that “tracking” students into classes of similar students is not a good thing, but I only see this as a form of macro-differentiation, one which allows teachers the freedom to deal with a relatively homogenous group of learners that we don’t have to prepare 3 or 4 readings for.

    I’ve always thought that if we take this new approach to its logical and conceptual limit, we should get rid of all the specialized schools such as Stuyvesant or Brooklyn Tech, and allow these higher achieving students to be blended into “regular” schools.

    Unfortunately, I don’t see things getting any better.

  • Jjman36

    The truth must be reported! Mr. Bloomberg must be held accountable. The teachers I work with sacrifice thier lives for the children. Talk to us, report about out efforts! Ask our students about us! It is only fair! I don’t care if I ever get a raise I just want to be supported in my teaching! Teachers are not the enemy!!!!

  • Still a Newtown student

     To Nycdoenuts:Certainly we’re in agreement, and and when I read your comment last night I agreed with nearly all of it.

    The issue was that how one of the details read seemed to give the wrong impression as to who’s to blame. I see where you’re coming from now, and I agree with what you meant by that statement.

    Believe me, it’s clear to anyone watching that Bloomberg and the DOE (or as I have grown to call it: DOD, Department of Dysfunction) are the biggest hypocrites this side of the Hudson.

  • Turned Around

    Mr Bloomberg &Co.

    Quit calling us failing schools and instead be honest and
    call us improving schools. Look in the mirror to see the failure in education. Quit insulting our students.  Who do you think you are? What have you
    ever done for the students in these schools? None have you have visited or seen
    all of our WONDERFUL STUDENTS and all they achieve.   It is you they may not recover from. It is you who
    never listened as they plead with you to not close their schools. It is you who
    ignored their voices at meetings, protests and hearings. Are you serious?   

    This year, John Dewey High School
    students were on the go, in the news and highly SUCCESSFUL, Shirley Lavarco was
    one of EIGHT students citywide to win the prestigious New York Times
    Scholarship. Dewey students took home TEN awards in the top three spots of the
    New York State HOSA (Health Occupation Students of America) competition, and
    this was without a fully functioning HOSA program.   Also, our students came in second, beating Stuyvesant
    and Brooklyn Tech in the ROBOTICS competition. Dewey’s graduation rate is above
    the city average. 

    Our college readiness rate is 8.5% above the city average.
    Our school was working, was improving and our students were part of this
    vibrant community. They spoke and you did not listen.   And Christine Quinn, you should be
    very ashamed for standing next to Bloomberg as he refuses to abide by this
    binding arbitration just because he lost. Count on us in all these communities
    remembering you looking up adoringly at him when we head to the polls.

    Mike, STOP YOUR INSULTS AND LIES. Be a man and admit your
    loss. Let our schools continue their progress under the Restart Model. Cease and
    desist.

     

     

  • Turned Around

    I don’t know which school you went to, but unless you have visited and looked at all the achievements and data, along with the wishes of the community, your comment really holds no water.

  • Turned Around

    Sorry about the formatting. It looked great in Word. 

  • Paladin55

    A “no child left behind policy,” and, IMO, the self-esteem movement of the past few decades has led us to the point where the people in power feel we are failing as schools and teachers if we don’t magically make everyone ready for college. Many parents (rightfully so) are also pushing their children to achieve more than they have, and in their eyes this means a college education.

    I’m not sure there are as many good paying jobs available as you do.  What is a “good paying job” if you want to remain in the Tri-state area?

    One issue is that post-industrialization America does not offer HS grads or dropouts the kind of steady union work with benefits that so many post WWII individuals were able to move into at some point. Many recent HS grads are going to have to scramble to find a job which will allow them to buy a house or raise a family without going into major debt at some point.

    Heck, I was only able to get a house in Queens because of inheritance money, and I had been working as a teacher for many without having the ability to buy a home in the borough I work in.

    Getting a college degree these days guarantees nothing but loan debt, so even if people do get degrees nothing is guaranteed, but politicians and policy makers still consider the college diploma to be some kind of holy grail that all students should aspire to.

    …And so it goes.

  • Still a Newtown student

     That’s the truest description of Bloomberg I’ve seen so far – you’re absolutely right! He’s very aware he’s laid a couple of eggs in his third term (2010 Christmas blizzard, anyone?), but is at the point that he’s wants his name remembered in this city; whether it’s for good or bad is immaterial. A tyrant, through and through!

    This, of course, means that we’ll have to expect more of this behavior as time goes on, and for it to increase in absurdity. It’s that fact that scares me.

  • Still a Newtown student

     And don’t forget: he put back in term limits after he was safely in office.

  • someone who cares

    Where are you getting 90 percent from?  I’m at a turnaround school.  Most of our students do go on to college.  Whether they succeed in college is their choice.  One reason why they don’t succeed is teachers in high school are pressured to pass students who do little to no work just to make the school’s stats look better.  My principal changed a graduating Senior’s grade to passing even though the teacher failed her.  She cut the last two marking periods.  The principal did it just to make his graduation stats look better.  Also my old supervisor told me that if a student didn’t come to class all year, but passed the English Regents, that student should still pass your class even though he didn’t read any of your books, do any essays, participate in any discussions or do any homework or projects, and these tests do not predict anything.  How do we know the kids didn’t cheat on the tests.  Think Stuyvesant.  Those kids were caught.  What about the ones who get away with it?  As for Bloomberg, he’s beginning to take on the characteristics of a dictator.  Now he feels, if these kids stay in these schools another year, their lives will be ruined.  Under no child left behind, these kids can transfer schools.  That’s why Bloomberg should force schools like Townsend Harris and Stuyvesant to take low performing students. 

  • Still a Newtown student

     Yes, Newtown won along with your school in the Robotics competition.

    According to the Newtown Robotics team, the teams from the more elite schools (Stuyvesant, Bronx Science) were absolutely livid that our schools won, since you know, it isn’t supposed to happen: teams from schools that have less than stellar reputations and are mostly working class should not best a school that students had to take a nerve-wracking test to get into (and, I suspect, has a student body that is mostly better off economically). As a result, the teams basically snubbed Newtown and did not show much good sportsmanship after they won.

    Being familiar with such an attitude in the elite schools and having suffered because of it (I won’t say how in case of retaliation), the success the school had was that much sweeter.

    But anyway, this goes right in line with what you were saying. My school, like yours, was improving under the restart model and won the robotics competition, which I thought they would consider before putting the school on the chopping block.

    I just hope we all leave this madness relatively unscathed.

  • Mr. Flerporillo

    “And what is the big deal about not going to college?? During my day, college was not for everybody. How about learning life skills in school?? How about a trade??”
    This is one of the biggest questions of our age.  Not that long ago, college was something that only the elites did.  Then the GI bill happened, and post-high school education was democratized.  Millions of Americans got college educations, thousands of colleges sprouted, and having a college education became common.  Then having a college education came to be considered necessary — because good-paying jobs for “unskilled” workers were disappearing, because having a college education became a marker of economic progress (versus your family’s prior generations) and a new kind of class identity.  Today college is the default expectation for all students, regardless of their interest or abilities, the job market, or the cost.  Not coincidentally, we have a massive bubble in private student loans. 

    But we may be reaching the point where it’s not worth it anymore.  I taught composition at the university level for a few years back in the day, at a top university, and I was continuously stunned by students’ inability to read, write, or think at any level of sophistication.  I may have been more stunned by their firm belief that none of that was true, a belief that was due to their having been told for years that  they were doing “A” level work.  And it’s not like communication skills weren’t important to them.  These weren’t little Einsteins or Hawkings.  They were majoring in English, American Studies, and most ironically “Communications.”

    How many more Communications majors who can’t communicate does America need?  Is it worth taking on 150k or 200k in student loan debt to join that pool?  

  • Tony Da Fighter

    The City, aka, Michael Bloomberg,
    is preparing legal action seeking a restraining order against the arbitrator’s
    decision to keep the 24 schools open. Is he above all laws, rules and binding
    arbitration? The mere act of thinking to overturn a binding arbitration on the
    Mayor’s part is obstruction of justice!!! You are in fact hurting students and
    communities with such reckless acting out behavior. You are too unreasonable.
    Stop this nonsense already!!!!!!

  • StopBashingTeachers

    I went to my school (one of the 24 closed) yesterday to offer help to my principal in “putting the house back in order”. To my disbelief, our principal was not there. Instead, the new principal has come back (after leaving hurriedly last Friday) and was conducting business. There were people from the DOE by the entrance who were not allowing staff in. How can Bloomberg and his minions continue to lord over the schools when the arbiter has ruled against them? Isn’t the nature of arbitration such that the decision of the arbiter is BINDING?

  • Youdontneedtoknow

    No matter what the press is told, they are continuing to move forward with current plans. They have invested too much to abandon ship. They will not reverse what has happened unless the Supreme Court overturns the arbitrators decision. Even then, I’m sure they are working on a loophole that they will exploit to ensure that those teachers who would have come back don’t get to do so. That’s why your principal was not there – he/she already was directed not to return.

  • Good job Mike!

    How bout new visions who was slated to grab up to 800K of SiG money from Automotive HS this year. Go to the New Visions website and look at their board of directors. Follow the money.

  • Future ATR

     If this is true, this is a huge violation.  Anyone else in any of the schools experience this as well?

  • East Sider

    City is in court asking for a TRO (Temporary Restraining Order) tolling the implementation of the Award until the Opinion is issued … the standard to vacate an arbitration award is high – basically fraud, collusion, etc. The City has to show irreparable damage to halt implementation – I suspect a week or so of legal wrangling before the judge orders implementation. Can the mayor declare an emergency, and declare martial law and bring in the national gurd, of, that was Mississippi.

  • Paladin55

    Time to get out the pitchforks, storm the school, and reestablish order. In a more perfect world teachers and students would be at these schools now, making sure that things were being done right.

    If there is no order stopping the reinstitution of the old regime, under what authority can the new principal and DOE staff be there and in charge?

  • ccssimath

    Would an English teacher inform the mayor exactly what “binding” means?

  • It’sAboutTheKids

    Whatever you do teachers of turnaround schools, do not let Bloomberg intimidate you into not returning to your schools. If you do, you will be playing right into his hands. Whatever your story, put on your armor, go back to work, and fight for your students and your school. Not qualified? First, he mandates that all teachers must have Masters Degrees (which raises their salaries) and be certified in their subject areas. Then he decides that teachers’ salaries should come out of a school’s budget rather than the DOE budget, which makes principals less likely to hire an experienced teacher. He then decides to get rid of experienced, high-salaried teachers (which he created). Finally, in these “turnaround schools”, principals are allowed to hire teachers with no experience who are “working on” their certification. Something is rotten in the DOE.

  • It’sAboutTheKids

    I believe the agreement was that the interview and selection process must be fair and that principals must hire at least 50% of their qualified staff by order of seniority. We all know that the interview process was a joke and that many qualified teachers were not re-hired (even though they received satisfactory ratings). It seems to me that breaking this agreement would be cause for a lawsuit, though I don’t know much about these things.

  • It’sAboutTheKids

    She was talking about the “mean” (average) age. They had to let some younger teachers go so they wouldn’t appear to be biased. We, too, lost a few younger teachers, but most were older and/or had more than 10 years in the system.

  • burned

    The requirement (and the pay differential) for the Masters far pre-dates Bloomberg.  Otherwise, I think your overall argument is well-made.

  • Memasuzy

    After what he has done to the NYC school system, I can’t see why any young qualified teacher would even consider working under these conditions. I am truly grateful that I was able to retire this year. I can’t stand seeing what he has done to our schools and the effect it has had on the students I teach.

  • East Sider

    hundreds of teachers apply for every vacancy … the generation gap is substantial … we may see what was while aspiring teachers see what could be …

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