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.

magnetic fields

Three Indianapolis schools recognized for diversity, but local efforts to integrate are still underway

PHOTO: Alan Petersime
School 27

Three Indianapolis public schools can claim a new title: 2017 National Magnet School of Distinction.

The prize, given annually by a national group promoting the themed schools, recognizes schools that boost student achievement, promote diversity, and have strong community ties. Among this year’s 244 winners nationally are Center for Inquiry Schools 2, 27, and 84, all part of the Indianapolis Public Schools district.

“Being recognized as a Magnet School of Distinction provides just one affirmation to the collective CFI School family that their philosophy, tireless work ethic, community support, and relentless journey to provide students with the absolute best inquiry based education is paying dividends to their students, to IPS, and to the larger community,” said Greg Newlin, the district’s academic improvement officer, in a statement.

The three schools use the International Baccalaureate curriculum. And their students are more likely to be white and more affluent than at the average district school. The schools’ demographics vary widely: School 27 is well integrated, with about 39 percent white students and 41 percent black students. In contrast, School 84 is nearly 83 percent white this year in a district where students of color make up 80 percent of enrollment.

That could soon change. After a series on segregation from Chalkbeat and the Indianapolis Star exposed how rules about magnet school admission gave the most privileged families in the district an edge at sought-after schools, the school board last year voted to adopt policies designed help more low-income students win admission to magnet schools. The new policies could reshape who enters the schools this fall.

“Magnet schools were born out of the civil rights movement and were intended to help school districts to reintegrate,” IPS board member Gayle Cosby said at the time. “We want to make sure that magnet schools are not actually serving a different purpose in our district.”

The award to the Indianapolis schools is the second tier that Magnet Schools of America hands out. Schools that have especially strong academic performance can earn a different title: schools of excellence.

First Person

I’m a teacher, not an activist. Here’s why I’m joining the March for Science this weekend

PHOTO: Creative Commons / Jeremy Wilburn

I became a science teacher because there’s nothing I love more than talking about science. This Saturday, I’ll march for science in Cleveland because there’s nothing I believe is more important than defending science in our society and our classrooms.

My love affair with science goes back to my seventh-grade teacher, Mr. Hurst, who took a hands-on approach to science education. Through labs and real-world investigations, my classmates and I discovered the complexity of scientific discovery. While I originally pursued a career in lab research, I soon realized that my true passion lay in teaching – that I could fulfill my love of science by delivering the same quality of teaching that I’d received to the next generation.

I’m marching for science on Saturday because every student deserves such a strong foundation. A well-rounded education should be a reality for every child in America – and that must include science, technology, engineering and math. Without it, our country won’t be able to solve the very real crises looming just over the horizon.

The world’s population is growing exponentially, consuming a limited supply of natural resources at a faster pace. We rely on nonrenewable forms of energy that we’ll inevitably exhaust at a great environmental cost. Medical advances have slowed the spread of infectious disease, but our overuse of antibiotics is leading to a new generation of drug-resistant pathogens.

Our children need to know what they are up against so they can design their own solutions. They need an education that enables them to think analytically, approach a problem, tackle new challenges, and embrace the unknown. That’s exactly what good science education does.

Still, I understand that some may wonder why teachers are marching – and even if they should. Some will inevitably accuse teachers of “politicizing” science or stepping “out of their lane.”

But marching for science is distinct from the kind of political statements I dutifully avoid in my role as a teacher. To me, marching is a statement of fact: without science teachers, there is no science education; without science education, there is no future for science in America. Science teachers and their classrooms are the agar in the petri dish that cultures our students’ scientific minds. (Did I mention there’s nothing I love talking about more than science?) In any movement for science, teachers have a role to play.

Marching, like teaching, is to take part in something bigger. Years from now, if I’m lucky, I might glimpse the name of one of my former students in the newspaper for a scientific discovery or prestigious award. But by and large, it’s my job to plant seeds of curiosity and discovery in a garden I may never see.

On Saturday, I’ll be there alongside doctors and nurses, engineers and researchers, and citizens from all walks of life who love science and want to see it valued and respected in our country. We might not see the fruit of our labors the day after the march, or even after that, but the message we send will be clear.

If you’re a parent or student – maybe one of my own – I hope you see that passion for science on full display around the nation this Saturday. I hope you see why having committed science teachers like myself and my colleagues is inextricably bound to the fate of our world. I hope that recognition grows into action to support teachers and demand universal access to an excellent science education, like the one I strive to provide every day in my classroom.

Sarah Rivera teaches engineering, biology, biomedical science, and environmental science at Perry High School in Perry, Ohio. She is also a member of 100Kin10’s teacher forum.