order in the court (updated)

Judge rules that city must reinstate staff at turnaround schools

Lawyers for the UFT spoke to reporters about the union's short-term court victory outside of New York State Supreme Court today.

Legal battles between the city and the United Federation of Teachers are typically long, drawn-out affairs. Not today.

In just 40 minutes this afternoon, Judge Joan Lobis of the New York State Supreme Court made up her mind about the city’s request to suspend an arbitrator’s ruling in the UFT’s favor while she considers the city’s formal appeal. There will be no restraining order, Lobis ruled.

That means that hiring and firing decisions that have been made at 24 struggling schools that the city was trying to overhaul will be reversed. The Department of Education will have to reinstate hundreds — and possibly thousands — of teachers and administrators cut loose from the schools as part of the “turnaround” process.

“They no longer have an excuse for not complying with the arbitrator’s award,” Ross said about the city.

Asked by reporters about the education department’s immediate plans for allowing the teachers to reclaim their positions, Deputy Chancellor Marc Sternberg said, “Talk to the law department.”

The city’s top lawyer, Michael Cardozo, said in a statement that he was confident that Lobis would side with the city as the case moves forward.

The hearing was a first step in the city’s appeal of a ruling handed down two weeks ago by an arbitrator who found that the city’s hiring and firing decisions — a key aspect of the Department of Education’s turnaround plans — violated the city’s contract with the teachers union.

The city is arguing that the arbitrator overstepped his bounds and wants the entire decision overturned. But today’s court appearance dealt only with the question of whether the city could avoid reversing the hiring decisions before Lobis considers the broader appeal later this month. Her ruling means that it cannot.

To win an injunction, plaintiffs have to prove two things: that they would suffer “irreparable harm” while their case is pending and that they have a strong likelihood of ultimately winning their case.

Lobis said today that she didn’t find the department convincing on either point.

A city lawyer said holding up the turnaround process for any amount of time would “thwart” efforts to improve the schools. “This would undo everything the DOE has done thus far to improve these schools,” said the lawyer, Maxwell Leighton.

But Lobis questioned what harm would really befall the department if it must roll back its efforts for the few weeks before she considers the merits of its request to overturn the arbitrator’s ruling. If the city ultimately wins its case, she said, it could just tell teachers that their reinstatements had been reversed again.

“Maybe you’d have to rescind some letters. How is that irreparable harm?” Lobis asked.

That seems to be a unlikely possibility. The main plank of the city’s appeal is that the arbitrator, Scott Buchheit, did not actually have jurisdiction over the hiring processes.

Lobis pointed out that the department had agreed to let Buchheit rule on whether the staffing issue should be subject to arbitration at all, and he said that it was.

“Just because he said it doesn’t mean it’s true,” Maxwell told the judge.

City and union lawyers went before Lobis in late May after the unions sued to stop staffing processes underway at the 24 schools, and at her urging they agreed to have an independent arbitrator hear and rule on the case.

That decision alone makes the city very unlikely to win an appeal, according to a city attorney who specializes in labor relations.

“The courts place great deference on a decision made by an arbitrator, so the arbitrator can make decisions without fear of being overruled,” said Steven Landis. “If an agreement has been made to arbitrate, the court says, ‘Arbitrate it, don’t come to me.'”

What will happen tomorrow at the schools is not yet clear. But after the hearing concluded, a top union lawyer, Adam Ross, said union officials would “immediately” initiate conversations with the city about reinstating teachers and administrators who were told they could not return to their schools.

City officials did not immediately say whether they planned to engage in those conversations.

“Our goal is to turn around these failing schools and help our students succeed. We appreciate the judge setting an expedited schedule to hear our challenge to the arbitrator’s decision so that we can meet that goal,” Cardozo said in his statement. “The judge also made it clear that she wants to consider the case fully. We believe that, after she reviews our papers, she’ll conclude that the arbitrator was wrong.”

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.