aftermath

Few hard details about 24 schools as city prepares legal action

Mayor Bloomberg speaks at a press conference this afternoon in Union Square.

The city canceled meetings with the teachers and principals unions today as its lawyers prepare to seek a restraining order against a ruling that reverses thousands of hiring decisions at 24 struggling schools.

Both the United Federation of Teachers and the Council of School Supervisors and Administrators planned to meet with city officials this afternoon to figure out what would come next for the schools, which had been slated to undergo an overhaul process called “turnaround.” The process involved radically shaking up the schools’ staffs, which total more than 3,500 people. But the arbitrator’s ruling undid all of the changes.

UFT President Michael Mulgrew said the meeting was already on his agenda by Friday afternoon, just hours after the arbitrator ruled that the city’s staffing plans for the schools violated its contracts with the unions.

A main agenda item would have been figuring out a mechanism for staff members who were not rehired at the schools to reclaim their positions. Another issue, Mulgrew said on Friday, was whether the city and unions might instead try to hash out a teacher evaluation agreement for the 24 schools so they could undergo less aggressive overhaul processes and still qualify for federal funding.

But this morning, the city told the unions that the meetings were off.

Mayor Bloomberg explained this afternoon that he thinks the city should not have to abide by the arbitrator’s ruling until the arbitrator explains his reasoning.

The arbitrator, Scott Buchheit, released only his conclusions, not the legal rationale he used to get there. That would come separately, he wrote. The city and unions agreed to fast-track the arbitration, which was binding, on the grounds that schools would be harmed if hiring decisions were not made before the end of the school year.

“I have no idea what was going through the arbitrator’s mind,” Bloomberg said after a press conference about a city greenmarket initiative.

“I can just tell you, there are 24 schools, [and] almost all students there are minorities, single-digit-proficiency levels,” Bloomberg said. “These kids, if they’re there for one more year, will never recover in their entire lives.”

City lawyers are preparing papers to present to a judge as early as this afternoon — but more likely tomorrow — that will make Bloomberg’s case.

The lawyers are not at all assured success: They will be seeking a restraining order in New York State Supreme Court, the same court that urged the city and unions into the binding arbitration in the first place. Plus, they will be asking to put on hold the results of a refereeing process the city willingly entered, with a referee that the city and union both approved.

Meanwhile, teachers at the schools are weighing their options. Any teacher who was rehired as part of the turnaround staffing process will automatically keep his or her job, and any teacher who took a job in another school for the fall can choose whether to keep that position or retake his spot at his former school, according to a message from the UFT to teachers at the schools distributed on Friday.

Teachers who weren’t rehired will be able to reclaim their spots and slide right back into the seniority rank they occupied before. Seniority will come into play if the schools lose students and must shed teachers, which contractually must be done according to the principle of “last in, first out” in each subject area.

All of the principals who were in place last week are also entitled to stay on, even if they had been told they would not return this fall. But a handful of principals who left their schools early in the turnaround planning process this winter — including Barry Fried at John Dewey High School and Anthony Cromer at August Martin High School — will not share that right, according to a principals union spokeswoman.

And staff members at the schools are worrying that even if the rehiring reversal stands, the uncertainty that has hung over the schools since last fall will not abate.

A teacher from Long Island City High School who listened in on the hearing where the city and unions agreed to arbitration said at the time that the turnaround schools would be harmed regardless of the lawsuit’s outcome. “It’s like they’re pushing Humpty Dumpty off a wall,” the teacher said. “You will have a lot of trouble putting [the schools] back together again.”

A teacher at Lehman High School said he’s moving on to another school and expects many of his former colleagues to make the same choice. “The administration and principal completely ignored the school these past few months while they planned for next year,” he said. “I believe that it is very likely that our stats went down from last year.”

Among the unanswered questions is whether the nonprofit organizations that had been working with a dozen of the schools will continue to play a role in their operations. The city had hoped to use federal School Improvement Grants to pay the groups, but the grants are almost certainly off the table because the arbitrator’s decision will mean few if any schools meet federal and state eligibility rules.

“Everyone is nervous about what happens next,” said Lisa Jimenez, a teacher at Newtown High School, which has been working with a group called Diplomas Now. “Do we need to worry about getting closed next June? Do we continue with the original plan of these schools having three years to improve?”

head to head

Protesters face off with member of New York City’s Absent Teacher Reserve outside the mayor’s gym

PHOTO: Cassi Feldman
Karen Curley, left, talks with Andrea Jackson of StudentsFirstNY

Karen Curley ran into something surprising as she headed into her Park Slope gym on Wednesday: protesters pushing back against the city’s strategy to give her a job.

Curley, 61, a Department of Education social worker who used to work in District 17, has been rotating through different positions for at least two years. She is a member of the Absent Teacher Reserve, the pool of teachers without permanent assignments that is once again at the center of debate over how the city should manage teachers and spend money.

The protesters had gathered outside the Prospect Park YMCA to confront its most famous member, Mayor Bill de Blasio, about the city’s plans to place roughly 400 teachers from the ATR into school vacancies come October. They say the city is going back on an earlier vow not to force the teachers into schools.

“These are unwanted teachers. There’s a reason why they’re just sitting there,” said Nicole Thomas, a Brooklyn parent and volunteer with StudentsFirstNY, an advocacy group that organized the protest and often opposes the mayor. “We don’t want these teachers in our schools.”

In fact, the ATR pool includes both teachers whose positions were eliminated because of budget cuts or enrollment changes, and also teachers who have disciplinary records. The city has not disclosed how many teachers in the pool fall into each camp, or which ones will be assigned to positions this fall.

Curley said she was heartbroken when she realized the protest was directed against the Absent Teacher Reserve. “We don’t want to be absent,” she said. “We’re educators.”

She said cost was likely an impediment to their hiring. “The truth is, at this point, I have 20 years in [the school system], which isn’t a lot for someone my age,” she said. But after 20 years, “we’re not likely to be hired elsewhere because we’re high enough on the pay scale that new people can be hired for a lot less money.”

Earlier Wednesday, Chalkbeat cited new figures from the Independent Budget Office placing the cost of the Absent Teacher Reserve at $151.6 million last school year, an average of roughly $116,000 per teacher in salary and benefits. Some principals have balked at the idea of having staffers forced on them in October — and vowed to avoid having vacancies.

Shortly after 10 a.m., the mayor emerged from the gym and hurried into a waiting car without addressing the protesters, who chanted, “Hey hey, ho ho, forced placement has got to go.”

Thomas was disappointed he didn’t stop. “He didn’t even acknowledge us,” she said. “And we voted for him.”

Building Better Schools

Hundreds of teachers will be displaced by Indianapolis high school closing plan

PHOTO: Dylan Peers McCoy
Teacher Tina Ahlgren spoke to the Indianapolis Public Schools Board in June about the importance of making the high school closing process easier for teachers.

If the Indianapolis Public Schools Board approves a plan to close three high schools, students won’t be the only ones facing transition: Hundreds of teachers will need to find new positions.

Just what will happen to those educators remains uncertain. District leaders say most teaching positions will be moved, not cut. But educators have raised concerns that the process for reassigning teachers is murky and that the prospect of school closings will push teachers to flee.

A proposal from Superintendent Lewis Ferebee released last month calls for closing Broad Ripple High School and John Marshall Middle School, and converting Arlington and Northwest High Schools to middle schools. Those four schools combined had 329 certified teachers in 2015-2016, the latest year available in the state performance report.

The district would also roll out a new career academy model, where students choose their high schools based on focus areas in fields such as business, construction and medical science.

All that transition means a lot of changes are in store for the hundreds of educators who work at the schools slated to close — and those at the high schools that will launch career academies and take the influx of new students.

For now, the district is not providing much information on what is in store for teachers. The details are expected to come after the IPS board votes on which schools to close in September. Eleven days after the board votes, central office staff are scheduled visit the high schools to discuss the timeline, next steps and personnel decisions.

But Ferebee said it will be even longer before the district has a full picture of how many teachers are needed at the career academies in each school because it depends on where students choose to enroll.

“Much of what we do with certified staff will be driven by enrollment interest of students,” he said.

By closing schools, the district expects to save $4.35 million in “classroom resources,” or expenses from the general fund, according to the report recommending closing high schools. The general fund is typically used to pay for costs including salaries for teachers and other school workers, equipment like computers and supplies needed to run the schools.

The administration does not expect it would save much from shrinking the teaching force, because they anticipate that the number of teachers will stay relatively stable, said deputy superintendent Wanda Legrand. “Our student enrollment will stay about the same.”

IPS union president Rhondalyn Cornett, who leads the Indianapolis Education Association, said that she also expects the number of teachers to remain steady — as long as students don’t start leaving the district for charter and township schools.

The career academies may also lead to more jobs for teachers with new skills and credentials, but it’s not entirely clear how that will play out. Some teachers may already be qualified to teach in the new programs and others may be able to get the extra credentials relatively easily.

Even if the district maintains the same number of students and teachers in its high schools, however, the transition is hard for teachers at the schools that are expected to close, Cornett said.

“They are afraid. They don’t understand how this process works,” she said. “They don’t know what the future holds.”

Cornett said that the district should make the closing process easier for educators by being clear about how they can get jobs at other schools and giving teachers who lost their jobs because of  school closings priority for open positions.

Tina Ahlgren, the 2014 IPS Teacher of the Year, spoke to the board in June about the urgent need to make the process transparent for teachers. Ahlgren has been through this before. She lost jobs at two prior schools after one school was taken over by the state and a magnet program at another school was abruptly moved.

“During each of these transitions, I watched dozens of loyal, effective, IPS educators leave the district due to the chaos that ensued and the broken promises from this district,” she said. “I speak here today to remind you of those challenges in the hopes that we will learn from our past and not repeat those mistakes this time around.”