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.

money matters

Report: Trump education budget would create a Race to the Top for school choice

PHOTO: Official White House Photo by Shealah Craighead
President Donald Trump and U.S. Secretary of Education Betsy DeVos participate in a tour of Saint Andrews Catholic in Orlando, Florida.

The Trump administration appears to be going ahead with a $1 billion effort to push districts to allow school choice, according to a report in the Washington Post.

The newspaper obtained what appears to be an advance version of the administration’s education budget, set for release May 23. The budget documents reflect more than $10 billion in cuts, many of which were included in the budget proposal that came out in March, according to the Post’s report. They include cuts to after-school programs for poor students, teacher training, and more:

… a $15 million program that provides child care for low-income parents in college; a $27 million arts education program; two programs targeting Alaska Native and Native Hawaiian students, totaling $65 million; two international education and foreign language programs, $72 million; a $12 million program for gifted students; and $12 million for Special Olympics education programs.

Other programs would not be eliminated entirely, but would be cut significantly. Those include grants to states for career and technical education, which would lose $168 million, down 15 percent compared to current funding; adult basic literacy instruction, which would lose $96 million (down 16 percent); and Promise Neighborhoods, an Obama-era initiative meant to build networks of support for children in needy communities, which would lose $13 million (down 18 percent).

The documents also shed some light on how the administration plans to encourage school choice. The March proposal said the administration would spend $1 billion to encourage districts to switch to “student-based budgeting,” or letting funds flow to students rather than schools.

The approach is considered essential for school choice to thrive. Yet the mechanics of the Trump administration making it happen are far from obvious, as we reported in March:

There’s a hitch in the budget proposal: Federal law spells out exactly how Title I funds must be distributed, through funding formulas that sends money to schools with many poor students.

“I do not see a legal way to spend a billion dollars on an incentive for weighted student funding through Title I,” said Nora Gordon, an associate professor of public policy at Georgetown University. “I think that would have to be a new competitive program.”

There are good reasons for the Trump administration not to rush into creating a program in which states compete for new federal funds, though. … Creating a new program would open the administration to criticism of overreach — which the Obama administration faced when it used the Race to the Top competition to get states to adopt its priorities.

It’s unclear from the Post’s report how the Trump administration is handling Gordon’s concerns. But the Post reports that the administration wants to use a competitive grant program — which it’s calling Furthering Options for Children to Unlock Success, or FOCUS — to redistribute $1 billion in Title I funds for poor students. That means the administration decided that an Obama-style incentive program is worth the potential risks.

The administration’s budget request would have to be fulfilled by Congress, so whether any of the cuts or new programs come to pass is anyone’s guess. Things are not proceeding normally in Washington, D.C., right now.

By the numbers

After reshaping itself to combat declining interest, Teach For America reports a rise in applications

PHOTO: Kayleigh Skinner
Memphis corps members of Teach For America participate in a leadership summit in last August.

Teach for America says its application numbers jumped by a significant number this year, reversing a three-year trend of declining interest in the program.

The organization’s CEO said in a blog post this week that nearly 49,000 people applied for the 2017 program, which places college graduates in low-income schools across the country after summer training — up from just 37,000 applicants last year.

“After three years of declining recruitment, our application numbers spiked this year, and we’re in a good position to meet our goals for corps size, maintaining the same high bar for admission that we always have,” Elisa Villanueva Beard wrote. The post was reported by Politico on Wednesday.

The news comes after significant shake-ups at the organization. One of TFA’s leaders left in late 2015, and the organization slashed its national staff by 15 percent last year. As applications fell over the last several years, it downsized in places like New York City and Memphis, decentralized its operations, and shifted its focus to attracting a more diverse corps with deeper ties to the locations where the program places new teachers. 

This year’s application numbers are still down from 2013, when 57,000 people applied for a position. But Villanueva Beard said the changes were working, and that “slightly more than half of 2017 applicants identify as a person of color.”