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Union tells turnaround teachers how to return to their positions

In the days that followed an arbitrator’s decision to restore teachers’ jobs at so-called turnaround schools, teachers and administrators who were once told not to return received almost no guidance from the city on how to reclaim their positions.

The city is appealing the arbitrator’s decision in court on July 24, arguing that they will not be able to carry out rigorous reform plans for the 24 schools without first replacing many of their teachers. But until then, the staffs of those schools who would have been replaced may reclaim their positions. Yesterday evening, turnaround teachers received the first word on how to do that, in the form of an email from teachers union President Michael Mulgrew.

In June, the city asked every teacher at each of the turnaround schools to reapply for their jobs and sit for interviews with a hiring committee under a contractual process called 18-D. State education officials said the city would have to use 18-D if it hoped to hit a federal quota for replacing the teachers (50 percent) and be eligible for millions of dollars in federal School Improvement Grants. The teachers union sued the city to have these plans reversed, and won.

Since then, the city has seemingly balked at complying with the arbitrator’s ruling. In the days that followed it, teachers said they were confused by the outcome, and administrators who led the turnaround schools until June 30 said they were still being asked to report to new assignments.

Despite these complaints, yesterday city officials repeated their promise to comply with the ruling—for now. (more…)

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Arbitrator: City used “circular reasoning” to justify turnarounds

Mayor Michael Bloomberg’s testimony before an arbitrator drove one nail into the coffin of the city’s plans to replace or rehire teachers at 24 “turnaround” schools.

Last week an arbitrator determined that the city violated the city’s contracts with the teachers and principals unions when it moved to replace staff members at the schools. This afternoon the arbitrator, Scott Buchheit, released a detailed explanation of why he ruled the way he did.

The city was trying to use hiring procedures set for closing schools and their replacements. But the unions argued that the turnaround plans were “sham closures” that would not result in new schools. Instead, they argued, the city was unfairly using contractual provisions about “excessing” to remove teachers and administrators it deemed unsatisfactory.

In upholding the unions’ grievance, Buchheit at times turns Bloomberg’s and other city officials’ words against them.

He quotes a 2011 memorandum written by the Department of Education’s chief financial officer, which said, “excessing is not a permissible way to deal with unsatisfactory teachers.”

Yet city officials said they intended to do just that from the start of the turnaround process, Buchheit determined. (more…)

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Confusion reigns at schools affected by arbitrator’s hiring rule

The Department of Education has replaced the schools' websites with new ones reflecting new names.

Nearly a week after an independent arbitrator ruled that teachers cut loose from 24 “turnaround” schools could have their jobs back, confusion reigns at the schools.

The city’s turnaround plans involved closing the schools and immediately reopening them with new names, new leaders, and many new teachers. But an arbitrator rolled back those plans last Friday when he ruled that the schools could not replace teachers using its chosen strategy.

Shortly after the arbitrator’s decision, teachers at the schools received a celebratory email from the United Federation of Teachers, which had sued the city over the hiring procedures in place at the schools.

Earlier this week, the city filed suit to get the arbitrator’s decision overturned, and a judge is likely to consider the case early next week.

For now, the Department of Education has suspended the hiring committees that had been meeting to consider teacher candidates, according to teachers union officials.

But during the disjointed first week of summer vacation, it has given teachers and principals no guidance about how they can reclaim their positions, according to officials of the unions that represent both sets of educators.

And at least one interim principal who seems likely to be bumped by the arbitrator’s decision is reporting for work as usual. (more…)

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