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.

First Person

First Person: Why my education nonprofit is bucking the coastal trend and setting up shop in Oklahoma

PHOTO: Creative Commons

“Oklahoma?! Why are you expanding to Oklahoma?!”

The response when I told some people that Generation Citizen, the nonprofit I run, was expanding to central Texas and Oklahoma, quickly became predictable. They could understand Texas, probably because our headquarters will be in the blue-dot-in-sea-of-red Austin. But Oklahoma?

My answer: Generation Citizen is expanding to Oklahoma City because no one would expect us to expand to Oklahoma City.

Our nonprofit is dedicated to empowering young people to become engaged citizens by reviving civics education in schools. We help middle and high school students learn about local politics by guiding them as they take action on issues they care about, like funding for teen jobs or state resources for teenage moms.

I founded the organization after graduating from Brown University in Rhode Island in 2009. Since then, we’ve expanded our programming to Boston, New York City, and the San Francisco Bay Area. All are urban areas with wide swaths of low-income young people, unequal schools, and disparate power dynamics. Our work is needed in those areas.

At the same time, all of these areas have predominantly liberal populations. In fact, according to The Economist, they are among the 10 most liberal cities in the country.

Generation Citizen is a non-partisan organization. We do not wish to convince young people to support a particular candidate or party — we just want them to engage politically, period. But the fact that we are preparing low-income young people in liberal urban centers to become politically active complicates this narrative.

So despite the fact that we could work with many more students in our existing cities, we made a conscious decision to expand to a more politically diverse region. A city that had real Republicans.

As we started talking about expansion, I realized the extent to which the dialogue about political and geographic diversity was a rarity in national nonprofit circles. While several large education organizations, like Teach for America and City Year, have done an admirable job of in working in conservative and rural regions across the country, a lot of other organizations follow a more predictable path, sticking largely to cities on the east and west coasts and sometimes, if folks feel crazy, an Atlanta or Miami.

There is nothing wrong with these decisions (and we were originally following this trajectory). A big reason for the coastal-focused expansion strategy is the availability of financial resources. Nonprofits want to raise money locally to sustain themselves, and those cities are home to a lot of people and foundations who can fund nonprofits.

But a more problematic reason seems related to our increasing ideological self-segregation. Nonprofits lean toward expanding to places that are comfortable, places that their leaders visit, places where people tend to hold similar values and political views.

One of the fault lines in our democracy is our inability to talk to people who disagree with us (highlighted daily by this presidential election). And non-profits may be exacerbating this reality.

This schism actually became more apparent to me when our board of directors started having conversations about expansion. Oklahoma City had come to the top of my proposed list because of my personal and professional contacts there. But I quickly realized that no one on my board lived more than five miles from an ocean, and save a board member from Oklahoma, none had stepped foot in the state.

“Are we sure we want to expand there? Why not a gateway city?” (I still don’t know what a gateway city is.)

“We can hire a Republican to run the site, but they can’t be a Trump supporter.”

“Are we sure that we can raise enough money to operate there?”

It wasn’t just my board. Whenever I talked to friends about our plans, they’d offer the same resistance.

The stereotypes I heard were twofold: Oklahoma was full of bigoted conservatives, and it was an incredibly boring location. (The dullness narrative got an unquestionable boost this year when star basketball player Kevin Durant left the hometown Thunder. It became quite clear that a main rationale for his leaving the team was Oklahoma City itself.)

But as I met with folks about Generation Citizen’s work, I met citizen after citizen who was excited about our mission. The state is facing tremendous budget challenges, and its voter participation rates amongst the worst in the country. Given these realities, there seemed to be widespread recognition that a program like ours could actually be helpful.

I did not talk about national politics with most people I met. Indeed, we might disagree on whom to support. But we did agree on the importance of educating young people to be politically active, shared concerns about public school budget cuts, and bonded over excitement for the Thunder’s playoff chances.

Still, the actual expansion to Oklahoma will be a challenge for our organization. Despite our local ties, we are coming in from the outside, and we do have the perception of being a progressively minded organization. What will happen if one of our classes wants to advocate for open carry at schools in response to a shooting? How will my board handle working in a site where they wouldn’t ordinarily visit?

I am excited to tackle all of these challenges. And I would push other similarly sized non-profits to think about working in a more diverse set of areas. It is not possible to be a national organization and avoid entire swaths of the country. But more importantly, given these tenuous political times, it feels important to interact with people who may not hold our beliefs.

Nonprofits can’t fix our national dialogue alone. But by expanding where we work, we might help improve the conversation.

honor system

Meet Derek Voiles, the Morristown educator who is Tennessee’s newest Teacher of the Year

PHOTO: Tennessee Department of Education
Derek Voiles, Tennessee's 2016-17 Teacher of the Year

Derek Voiles, a seventh-grade English language arts teacher in Morristown, is Tennessee’s 2016-17 Teacher of the Year, the State Department of Education announced Thursday.

One of nine finalists for this year’s award, Voiles teaches at Lincoln Heights Middle in Hamblen County Schools in East Tennessee. He received the top teacher honor at a banquet in Nashville.

Voiles, who has been teaching for six years, has long shared his teaching practices publicly — on Twitter, through a blog he wrote with a colleague, and as a state ambassador for the Common Core standards. In recent years, according to a state news release, his classroom became a hub as teachers from across his district observed his teaching in hopes of replicating his practices, which often improved the performance of students far behind their peers.

“All students are capable of achieving great things, and all students deserve a teacher who believes this and will do whatever it takes to make it happen,” Voiles said in the release. He is also a doctoral candidate at East Tennessee State University.

Now, Voiles will gain an even wider stage, as Tennessee’s representative to the National Teacher of the Year program. He will also share insight from the classroom as part of committees and working groups with the Tennessee Department of Education.

All nine Teacher of the Year finalists, representing each of the state’s regions, will serve on the Commissioner Candice McQueen’s Teacher Advisory Council during the 2016-17 school year.

The department also recognized two division winners from Middle and West Tennessee. Cord Martin, a music education and enrichment teacher at Whitthorne Middle School in Maury County, was recognized for his innovative teaching strategies and connecting content to contemporary culture. Christy McManus, a fifth-grade English language arts and social studies teacher at Chester County Middle School in Henderson was honored for equipping her students with the end goal in mind: a college-ready twelfth grader.

Voiles follows Cathy Whitehead, a third-grade teacher from Chester County, who served as Tennessee’s 2015-16 Teacher of the Year. Whitehead teaches at West Chester Elementary School in Henderson in West Tennessee.