details

Maze of rules in bill to end seniority layoffs starts with U-rated

Mayor Bloomberg’s fight against “last-in, first-out” layoff rules— the policy of laying off teachers by reverse seniority — has made its way to Albany.

Last night, State Senator John Flanagan introduced a bill that would end the practice and the same bill will be introduced in the Assembly by New York City Assemblyman Jonathan Bing.

The bill rules out seniority as the sole factor in determining who gets laid off. To replace the current seniority system, 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.

Bing’s Chief of Staff Jake Dilemani said the bill was written with input from the mayor’s office, along with groups like Educators 4 Excellence — an organization of teachers who, with funding from the Gates Foundation, has put forward its own proposal to change teacher layoffs.

In a statement sent to reporters, United Federation of Teachers President Michael Mulgrew said that the bill would “send us back to the days before civil service protections, when people could be fired for being the wrong race or gender, too young or too old.”

Last year, when Bloomberg was threatening to lay off roughly the same number of teachers, Bing proposed a bill that would end seniority-based layoffs. At the time, opposition to the bill was so fierce that the bill was never voted on. But this year, anti-last in first out sentiments have reached a fever pitch, with the city’s four editorial boards lined up in favor of changes.

This year’s bill is substantially more detailed than the one Bing proposed last year.

If the bill is passed into law, there will be nine categories of school employees who will be laid off before their peers. Employees who fall into all of these categories would lose their jobs first, followed by those who fall into eight of the categories, and so on down the scale to employees who fall into two categories. If the city finds that it still needs the lay off people after that, the next rung of layoffs will hit teachers and supervisors who are in the first category — those with unsatisfactory ratings.

The categories, in order of layoff priority, are:

  1. Teachers and supervisors who have received an unsatisfactory rating in the last five years. If the new teacher evaluation system is put in place before layoffs are carried out, then teachers labeled “ineffective” would be the first to go.
  2. Teachers and supervisors who have been fined or suspended without pay in the last five years. This means that teachers who’ve been charged with misconduct or incompetence and have either pled guilty or been found guilty in the last five years would be laid off. For example, the Bronx principal who was found guilty of arbitrarily giving her teachers unsatisfactory ratings and was fined $7,500 would be laid off before another principal. Under the current system, a principal with less seniority would be laid off before her.
  3. Teachers and supervisors who have been in the Absent Teacher Reserve pool for more than six months. These are school employees who were forced out of their jobs when their schools could no longer afford them and have not yet been hired by another school. They remain on the city’s payroll while some work in administration and others work as substitute or full-time teachers. Given that it’s rare for schools to excess staff in the middle of the year, the six-month deadline in the law would include most of the teachers in the ATR pool at the present time.
  4. Any teacher or supervisor convicted of a crime in the last five years.
  5. Teachers and supervisors who have been fined for being chronically absent or late in the last five years. Also includes employees who have been fined for “improper use or recording of leave time.” The terms “chronically absent” and “chronically late” are not defined in the teachers union contract as a set number of days, according to a spokesman for the UFT.
  6. Teachers and supervisors who have been the subject of an investigation in the last five years that ended with the charges being substantiated. This covers school employees who have been investigated by the city school district’s special commissioner of investigation, the city school district’s office of special  investigations or the city school district’s office of equal opportunity. Having charges substantiated translates to an indictment, but it does not mean that these people have been found guilty.
  7. Teachers and supervisors who, by the August 31 of the year in which layoffs take place, have not completed their certification.
  8. Teachers who, for two years or more, have been ranked in the bottom 30 percent of teachers based on their students’ test scores. These rankings, which measure students’ progress against a model that predicts what their test scores should have been, cover a small percentage of teachers. Only teachers who teach math and English in grades 4-8 receive teacher data reports.
  9. Teachers and supervisors who were not granted tenure after three years, but were put on probation for the year preceding layoffs. Recently, the Department of Education has begun encouraging principals to extend teachers’ probation rather than offer them tenure if they believe the teacher shows promise, but is not yet ready for a lifetime commitment from the city. Anecdotally, I’ve heard from teachers who’ve had their probationary periods extended by one or two years when their schools had a series of new principals, each of whom requested an additional year to get to know her staff.

And we’re not done yet.

If the city lays off all of the teachers who fall into multiple categories, then proceeds to the first category — those with unsatisfactory ratings — but discovers that it only needs to lay off a fraction of these people, then new measures come into play. Employees with the most unsatisfactory ratings in the last five years will be laid off first, followed by those who have been given U-ratings, as they’re commonly known, most recently.

Employees in the Absent Teacher Reserve will be laid off based on how long they’ve been in the pool. And teachers and supervisors who have been convicted of a crime in the last five years will be laid off based on how recent the conviction was. Among those who fall in the low value-added score category, teachers with the lowest scores will be laid off first, unless they teach children with disabilities or who require special education services.

If the city makes its way through this labyrinthine process and still needs to lay off more teachers, the ball rolls into the court of the Board of Regents, who will get to decide what types of teachers are laid of next. The bill contains a measure meant to protect high needs schools — defined as those where 90 percent of students get free or reduced lunch — against being overly burdened by layoffs. It states:

Any such regulations must ensure that in a high-need school the number of staff laid off shall not exceed the percentage of the overall number of positions in the school that represents half of the average percentage of staff laid off citywide.

If the Board of Regents does not come up with a layoff plan within 75 days, individual school principals will get to decide who to let go, using guidance from the city’s school chancellor. A committee of parents, teachers, and administrators is supposed to advise the principal in making this decision. However, if the city decides that it wants to eliminate all the positions within a certain license area (e.g. gym or art), it can overrule the Board of Regents and principals’ decisions.

change up

Just as Lower East Side integration plan takes off, superintendent who helped craft it steps down

PHOTO: Christina Veiga
Carry Chan, left, will become acting superintendent in District 1 when Daniella Phillips, right, leaves this month to join the central education department.

The longtime superintendent of the Manhattan community district where parents pushed for a plan to desegregate the local schools is stepping down just as the plan gets underway.

After a decade at the helm of District 1, which includes the Lower East Side and East Village, Superintendent Daniella Phillips is leaving to join the central education department, Chalkbeat has learned. During the yearslong campaign for an integration plan, Phillips acted as a liaison between parents and the education department, which finally approved a new admissions system for the district’s elementary schools this fall.

She will be replaced by Carry Chan, who has also played a role in the district’s diversity efforts as the interim head of a new Family Resource Center, an information hub to help district parents sort through their school options. Chan takes over as acting superintendent on Dec. 18.

The leadership change comes at a crucial time for the district, which also includes a portion of Chinatown. Parents are currently applying to elementary schools, marking the first admissions cycle under the new enrollment system. Under the system, schools give certain students admissions priority based on their economic status and other factors, with the goal of every elementary school enrolling share of disadvantaged students similar to the district average.

It will be up to the new superintendent to help schools recruit and welcome a greater mix of families, and to help steer parents towards a wider range of schools. Advocates hope the district can become a model for the city.

“There is a torch that needs to be carried in order to really, fully execute,” said Naomi Peña, president of the district’s parent council. “The next superintendent has to be a champion for the mission and the cause.”

During heated public meetings, Phillips tried to keep the peace while serving as a go-between for frustrated integration advocates and reluctant education department officials. The tensions sometimes boiled over, with advocates directing their anger at Phillips — though they were eventually won-over and endorsed the final integration plan.

In her new role, she will oversee school consolidations as part of the education department’s Office of School Design and Charter Partnerships. In District 1, Phillips helped steer three such mergers, which often involve combining small, low-performing schools with ones that are higher achieving.

“It has been such a joy and privilege to be District 1 superintendent for over 10 years, and I’m excited for this next chapter in the district and my career,” Phillips said in an emailed statement.

Chan is a former principal who launched the School for Global Leaders, a middle school that focuses on community service projects and offers Mandarin classes. Last year, she joined the education department’s Manhattan support center, where she helped schools form partnerships in order to learn from one another.

Since October, Chan has served as the interim director of District 1’s Family Resource Center, which is seen as an integral part of making the new diversity plan work. Families must apply for seats in the district’s elementary schools, which do not have attendance zones like other districts. The family center aims to arm families with more information about their options, in the hopes that they will consider schools they may not have previously.

“I think we’re all really passionate about this plan and we really want this to work,” Chan said. “Communication is the key, and being transparent with how we’re progressing with this work.”

ATR Update

New York City sent just 41 unassigned teachers to schools after predicting up to 400 placements

After announcing a plan to place up to 400 teachers without permanent jobs in schools with openings this fall — potentially over principals’ objections — the New York City education department ended up placing just 41, according to figures released Thursday.

The placements are part of a city effort to shrink by half the pool of teachers who receive full salaries and benefits despite having lost their full-time positions due to disciplinary or legal issues, or because schools where they worked were closed or lost enrollment. The pool, known as the Absent Teacher Reserve, cost the city nearly $152 million last school year.

In September, just over 1,200 teachers were in the pool — a 20 percent decrease from the start of the previous school year, department officials said. The officials attributed the reduction to a hiring incentive that subsidized the salaries of teachers the schools agreed to hire permanently, and a severance package given to over 100 teachers who retired or resigned this summer.

In recent months, principals with open positions have hired 359 of the unassigned teachers — including 205 on a provisional basis, who will only be kept on if they receive good job ratings. The other 113 teachers were hired permanently under a deal where the department will subsidize their salaries through mid-2019.

Randy Asher, the education department official tasked with shrinking the pool, said the city would work to find placements for more unassigned teachers this school year, though he could not say how many. He added that the city would try whenever possible to have principals voluntarily hire the teachers rather than be assigned them.

“We’ve been working to make matches of their own choosing,” Asher told Chalkbeat. “We’re going to continue to work with principals on a case by case basis.”

None of the 41 teachers assigned to schools had faced legal or disciplinary cases, officials said.

Typically, teachers in the reserve pool rotate among schools on a monthly basis, often serving as substitutes. But under the new assignment policy, the teachers — who started at their new positions in November — will remain in the same school for the full academic year.

Officials said the year-long placements will allow the teachers to participate in school trainings and be evaluated by their principals. Those are rated “effective” or “highly effective” on their evaluations will be permanently hired by their schools, the officials said.

The city’s earlier projection of 300 to 400 placements was based on expected school vacancies, but officials said that some of those vacancies turned out to be for teachers on leave who are due to return soon or for spots that no longer need filled due to declining enrollment.

It’s also possible the smaller-than-expected number of vacancies could reflect principals scrambling to fill or otherwise hide their vacant positions before Oct. 15, after which the city was to begin assigning them teachers.

After the placement plan was announced in July, some principals said it would take away their freedom to hire whomever they choose and could saddle them with ineffective teachers. Among 822 teachers in the reserve at the end of last school year, 12 percent had been rated “ineffective” or “unsatisfactory” in 2015-16, compared to just 1 percent of teachers citywide, according to city data.

Critics also worried the plan would send subpar teachers to struggling schools, since they are most likely to have openings.

The schools where the 41 teachers were sent include a high school that is part of the city’s “Renewal” program for low-performing schools. Taken together, the schools enroll a higher share of poor students and a lower share of students who passed the state exams than the city average, according to an analysis released by The Education Trust – New York, an advocacy group that had criticized the city’s teacher-placement plan.

“This raises major equity concerns,” said Ian Rosenblum, the group’s executive director, in a statement.

Despite advocates’ fears, some principals welcomed the teachers. Department officials said the principal of the Renewal high school, the Coalition School for Social Change in Manhattan, asked to be sent a teacher from the pool. And the principal of a Bronx school said it struggled to find a qualified special-education teacher before the city assigned it one.

“I don’t know if I got lucky, but it worked out,” said the principal, who spoke on condition of anonymity. “My dawning perception of folks who are ATRs is give them a job, give them a clear role, and hold them accountable — and they mostly do it.”

The reserve pool grew under former Mayor Michael Bloomberg, who struck a deal with the teachers union that gave principals more power to make hiring decisions but prevented teachers from being fired. As the Bloomberg administration aggressively closed schools, the number of unassigned teachers swelled even as the union resisted efforts to cap the length of time educators could remain in the pool.

In 2014, Schools Chancellor Carmen Fariña promised not to use “forced placement of staff” as a way to shrink the ATR pool. Officials argue that the current policy does not qualify as forced placement because teachers are only sent to schools with open positions and the assigned teachers cannot bump others from their positions.

In October, Fariña said principals should “take a chance” on unassigned teachers.

“But if there’s one who you really feel should not be in any school — not just in your school,” she added, “then we’ll support you.”

The schools that were assigned teachers are spread among 20 of the city’s 32 local districts, with the largest — Manhattan’s District 2 — receiving the most teachers (6). Below are the schools where they were sent:

Manhattan

P.S./I.S. 217 ROOSEVELT ISLAND
BATTERY PARK CITY SCHOOL
BUSINESS OF SPORTS SCHOOL
THE HIGH SCHOOL FOR LANGUAGE AND DIPLOMACY
HIGH SCHOOL OF ECONOMICS AND FINANCE
INDEPENDENCE HIGH SCHOOL
COALITION SCHOOL FOR SOCIAL CHANGE
P.S. 092 MARY MCLEOD BETHUNE
P.S. 133 FRED R MOORE
P.S. 197 JOHN B. RUSSWURM
MOTT HALL HIGH SCHOOL

Bronx

BRONX DESIGN AND CONSTRUCTION ACADEMY
P.S. 011 HIGHBRIDGE
P.S. 199X – THE SHAKESPEARE SCHOOL
THE NEW AMERICAN ACADEMY AT ROBERTO CLEMENTE STATE
NEW DIRECTIONS SECONDARY SCHOOL
BEDFORD PARK ELEMENTARY SCHOOL
P.S. 041 GUN HILL ROAD
P.S./M.S. 11X498 – VAN NEST ACADEMY
FREDERICK DOUGLASS ACADEMY V. MIDDLE SCHOOL

Brooklyn

P.S. 003 THE BEDFORD VILLAGE
CITY POLYTECHNIC HIGH SCHOOL
PS 059 WILLIAM FLOYD
P.S. 147 ISAAC REMSEN
KHALIL GIBRAN INTERNATIONAL ACADEMY
P.S. 191 PAUL ROBESON
SCIENCE, TECHNOLOGY, AND RESEARCH EARLY COLLEGE HS
P.S. 219 KENNEDY-KING
I.S. 285 MEYER LEVIN
FDNY – CAPTAIN VERNON A. RICHARDS HIGH SCHOOL
EAST NEW YORK MIDDLE SCHOOL OF EXCELLENCE
P.S. 164 CAESAR RODNEY
MOTT HALL BRIDGES ACADEMY

Queens

P.S./I.S. 087 MIDDLE VILLAGE
PIONEER ACADEMY
GOLDIE MAPLE ACADEMY
P.S. 015 JACKIE ROBINSON
P.S./M.S. 147 RONALD MCNAIR
P.S. 127 AEROSPACE SCIENCE MAGNET SCHOOL