tv-side chat

Bloomberg vows last-in first-out crackdown, new tenure policy

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Mayor Bloomberg on NBC today, announcing a crackdown on seniority-based layoffs and a new tenure policy.

In his first major education policy announcement for the new school year, Mayor Michael Bloomberg this morning vowed a renewed attack on seniority laws that protect veteran teachers and a change in how teachers are awarded tenure.

He made the remarks on NBC, which is dedicating this week to school reporting in a project called “Education Nation.”

The attack on seniority laws came as city officials made a dire budget prediction for next year, saying that they will likely have to lay off public school teachers as federal stimulus funding runs out. Under the current state law, teachers with the least seniority would be the first to lose their jobs — a policy known as “last in, first out.” The mayor and Chancellor Joel Klein oppose this policy, but their effort to change the law, which the teachers union does support, went nowhere last year.

Today, the mayor said he would try dismantling the policy again before the city confronts an expected $700 million budget hole and possible layoffs next year.

“It’s time for us to end the ‘last-in, first out’ layoff policy that puts children at risk here in New York — and across our wonderful country,” Bloomberg said on NBC. “How could anyone argue that this is good for children? The law is nothing more than special interest politics, and we’re going to get rid of it before it hurts our kids,” he added.

Teachers union officials immediately squashed any possibility that they might partner with the mayor.

“The seniority layoff process is part of state law and a critical guarantee against discrimination,” United Federation of Teachers president Michael Mulgrew said in an e-mailed statement. “If the Mayor wants to change seniority, he will need to talk to the Legislature,” Mulgrew said. “Given that body’s lack of enthusiasm for many of the Mayor’s plans — like congestion pricing — we expect an appropriate amount of skepticism.”

Assemblyman Jonathan Bing, who introduced the bill to end seniority-based layoffs last year, is running for reelection this November and is likely to hold onto his seat. He has said that he will continue to push for the law’s repeal if he is re-elected.

Bloomberg also announced plans to change how teachers are given tenure.

Last year, Bloomberg had announced a first major shift in the tenure-granting process. For the first time, students’ test scores became a formal factor, as the city ranked teachers eligible for tenure by their value-added scores, a complex and sometimes-unstable measurement of effectiveness. Principals were then advised to deny tenure to the lowest-scoring teachers, though they could override the city’s recommendations.

This year, Bloomberg said the city will add more information to the decision process by way of a new teacher evaluation system passed by the state legislature this year. The evaluation system uses a combination of information, including principal evaluations and value-added scores, to rank teachers in one of four categories — highly effective, effective, developing, and ineffective.

All 6,300 teachers who are eligible for tenure this year will be placed in one of these categories. Principals will be instructed to deny tenure to “developing” and “ineffective” teachers, said DOE spokeswoman Ann Forte.

Mulgrew swiped at this set of comments, too, taking issue with Bloomberg’s description of tenure as “automatic.” But the teachers union president said that teachers would likely prefer the new evaluation system — which was passed with the union’s support — as a more “objective” alternative to the current model.

Tacked onto the mayor’s announcement was also news that the city is partnering with IBM and the City University of New York to open a new school. Serving students in grade 9-14, the school would graduate students with associates degrees in computer science and the promise of a job at IBM.

What's your education story?

Leaving finance was easy, teaching was hard, but this educator realized: ‘I’ve got to figure it out.’

PHOTO: Shaina Cavazos
Tom Hakin is an assistant principal at Cold Springs Elementary School in IPS.

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Chalkbeat journalists ask the people we come across in our work to tell us about their education stories and how learning shaped who they are today. Learn more about this series, and read other installments, here.

Tom Hakim is now an assistant principal at Cold Springs Elementary School in Indianapolis Public Schools. He’s been an educator in Marion County for eight years.

I worked in corporate finance for four years — I was a finance undergrad — in Grand Rapids, Michigan. I was always involved and volunteered a lot in high school and college and did a lot of things in the community … (As an adult), I was a big brother in Big Brothers, Big Sisters, and I was coaching rec league basketball, I was teaching Junior Achievement, so that was actually my first experience going into a classroom teaching kids.

But through all of that, (those activities were) what I was really getting excited about in my days, not so much the day-to-day work I was doing in my current job.

So I just started looking at education and what options might be out there. And I read an article in the Detroit Free Press about Teach For America, and I had never heard about it prior to that. This was a chance for me to transition very quickly into a career that I think I may want to do, and that happened.

Even in a program like that, where you get the “meat and potatoes” of training of how to be a teacher, your first couple years, it’s just so hard.

But there was more of an idealistic commitment to it. This is what I think I really want to do, so despite the challenges, I’ve got to figure it out.

I was part of the 2009 (TFA) corp, taught in the charter world for five years here in town, and then had an opportunity three years ago to move to Washington Township. It’s actually the only place I’ve ever lived in Indy, and it was kind of the right fit at the right time.

I was a department chair at one of their middle schools. It was one that was the lowest performing at the time, Northview.

I think for the first time in my teaching career, I felt, in addition to working really hard and wanting to provide a great education for the kids of the school I was working in, I also felt that bigger commitment of the community because that was where I was living. My own children are going to school (there).

So it made it even more real for me, the “why” behind what we do.

I grew up outside of Detroit. When you really look at it, some of the issues that plague Detroit Public Schools are some of the same things we see here in Indy. My experience was not comparable to what I see some of our kids going through on a day-to-day basis.

So I think there’s the initial shock of that, but then there’s this next phase, where if I’m really going to be a part of this, I’ve got to understand all the factors that are really involved and going on here, and it’s not easy. It’s not easy work.

Over two years (at Northview), we went from lowest performing to highest math (test scores) in the district in my time as the department chair, which I primarily attribute to the team I had around me.

I was teaching one grade level, but again, it gets back to this idea that when you get the right teachers on board, growing in the same direction and pushing for the right things, pretty great things can happen.

unpaid leave debate

Colorado Supreme Court weighs challenge to law governing job protections for teachers

PHOTO: Denver Post file
The Colorado Supreme Court.

Are good veteran teachers still guaranteed jobs in Colorado, provided they don’t mess up?

The Colorado Supreme Court heard arguments Wednesday on that issue and others related to a landmark 2010 state law that changed the rules for teacher evaluations and assignments.

Lawyers for Denver Public Schools squared off against lawyers representing individual teachers in two separate lawsuits. One case was brought on behalf of seven current and former DPS teachers. It challenges a provision of the 2010 law that allows school districts to, under certain circumstances, put effective teachers who’ve earned job protections on unpaid leave.

The other case was filed by a single teacher, Lisa Johnson, who was put on unpaid leave.

In both cases, lawyers for DPS argued that putting experienced, effective teachers on unpaid leave is not the same as firing them — and thus doing so doesn’t violate their due process rights.

But lawyers for the teachers said unpaid leave is essentially “an end run” around those rights.

To understand both lawsuits, it helps to have some background on the 2010 law, known as Senate Bill 191. It did several things, including change the way teachers earn “non-probationary status,” which affords them job protections. To earn that status, teachers must now have three years of effective ratings instead of just three years of employment.

Earning that status is desirable because non-probationary teachers can only be fired for a limited number of reasons, including insubordination and unsatisfactory performance. In addition, non-probationary teachers are entitled to a hearing before being fired.

The 2010 law also effectively eliminated a practice known as “forced placement.” Before the law, teachers who lost their jobs not for cause but due to circumstances such as a decrease in student enrollment were assigned to open positions at other schools.

DPS officials didn’t like forced placement because most teachers were placed at low-income schools, which they said led to the neediest kids being taught by teachers who didn’t choose to be there. So after Senate Bill 191 passed, DPS changed its policy. The district now gives teachers who lose their positions temporary assignments with the expectation that they will look for “mutual consent” positions, meaning a school’s principal agrees to hire them.

If a teacher doesn’t find a mutual consent position within 18 months, he or she is placed on unpaid leave as per Senate Bill 191. The teacher is welcome to continue looking for jobs in DPS and is entitled to his or her previous salary and benefits if hired.

Since Senate Bill 191 went into effect, at least 1,113 non-probationary DPS teachers have lost their positions due to a decrease in student enrollment, the closure of a school or other similar circumstances listed in the law, according to data the district provided at Chalkbeat’s request.

The majority of them have found mutual consent positions. Sixty-two teachers are currently on unpaid leave because they were unable to do so, according to DPS.

However, that number doesn’t include teachers who resigned or retired rather than be put on unpaid leave. That information is difficult to gather, a district spokesman said, but DPS did tally some numbers in response to an open records request the Denver teachers union submitted in February. As best the district could tell as of earlier this year, 39 non-probationary teachers who lost their positions between 2010 and 2014 resigned and seven retired.

On Wednesday, a lawyer for the teachers who brought the lawsuit argued that state law has historically afforded teachers a “basic bargain:” if they work for three years and are asked to come back for a fourth, they’re entitled to job protections. Lawmakers were wrong to alter that under Senate Bill 191, attorney Philip Hostak told the seven justices.

But DPS’s lawyer pointed out that the historical idea of tenure no longer exists — and hasn’t since lawmakers stripped the word from state law in 1990. “There is no indication in the legislation itself … that these folks are permanent teachers,” said attorney Eric Hall.

Pushing back on Hostak’s argument, Hall said lawmakers can amend laws however they see fit — and in the case of Senate Bill 191, they added the mutual consent provision and unpaid leave.

A lawyer for Johnson also challenged that provision and argued that Johnson shouldn’t be subject to it because she lost her position for a reason not listed in Senate Bill 191.

“The legislature tells us exactly which teachers can be displaced,” said attorney Eric Harrington.

However, the lawyer representing DPS in the Johnson case, Jonathan Fero, argued that the reasons listed in the law aren’t exhaustive and mutual consent applies to all teachers.

The lawyers did not debate the reason Johnson lost her position except to say they disagreed on the facts but that those facts aren’t an issue for the Supreme Court to decide.

The justices typically take months to issue an opinion.