'a bit stuck'

Impasse declared in Denver teacher contract negotiations, prompting criticism from union

PHOTO: Marissa Page
Teachers watch a bargaining session between Denver Public Schools and the Denver teachers union on June 22.

For the first time in recent history, Denver Public Schools has declared an impasse in ongoing negotiations with the teachers union over a contract governing teacher pay, workload and more.

The declaration means the two sides, which have been bargaining since January, will continue negotiations but with the aid of a mediator. In the past, DPS and the Denver Classroom Teachers Association have mutually agreed to mediation without one side having to call an impasse to trigger it, said DPS deputy general counsel and lead negotiator Michelle Berge.

But this year, the union refused. DCTA wanted to keep negotiations as public as possible and avoid private meetings with mediators, said DCTA deputy executive director Corey Kern.

In 2014, Colorado voters approved a change to state law that requires contract negotiations between school districts and employee groups to be open to the public. The Denver teachers union has been taking advantage of the public sessions, inviting teachers to attend and talk to negotiators about their experiences and how various proposals would affect them.

Union leaders see the impasse as a way to silence that voice. Their belief stems in part from the fact that the district wants to use a mediator from the Federal Mediation and Conciliation Service, which helps resolve collective bargaining disputes free of charge.

Although the bargaining sessions would still be public, the mediator could meet with each side separately in private to help them craft proposals, a spokesman for the service said.

That’s not true public bargaining, Kern said.

He said it’s been DCTA’s experience that “the two parties spend most of the time in two rooms apart and the mediator is shuttling back and forth between those two rooms and talking about issues without the public present.” The two sides’ proposals would be shared publicly, but the public would miss out on hearing the thought processes behind them, Kern said.

Even though the district had requested several times to move to mutually agreed-upon mediation, Kern said DCTA was “blindsided” by the impasse declaration a day after a bargaining session that the union felt was productive.

Berge said the district decided to call an impasse because “a number of challenging issues remain where we’re a bit stuck.” Those issues include how much teachers should be paid, the benefits they receive and how they should be evaluated.

The hope, Berge said, is that a mediator will help the two sides find common ground. The mediator DPS wants to use is someone whom the district and union have worked with before.

“Those of us who are involved, we are deep in on this,” Berge said. “Sometimes we’re emotional. It’s tough stuff. A mediator is an independent person who can step above that.”

The current teachers contract expires Aug. 31. The two sides are scheduled to meet again July 24 at McKinley-Thatcher Elementary School in Denver. There are two bargaining sessions set for late July and five scheduled for early and mid-August.

deja vu

For second straight year, two charter schools denied by Memphis board appeal to the state

PHOTO: Micaela Watts
Sara Heyburn Morrison, executive director of the Tennessee State Board of Education, listens last May to charter appeals by three operators in Memphis.

For the second year in a row, charter schools seeking to open in Memphis are appealing to the state after being rejected by the local board.

Two proposed all-girls schools, The Academy All Girls Charter School and Rich ED Academy of Leaders, went before the Tennessee Board of Education last week to plead for the right to open. Citing weaknesses in the schools’ planning, the Shelby County Schools board had rejected them, along with nine other charter applicants, last month. It approved three schools, many fewer than in previous years.

After state officials and charter operators complained last year that the Memphis school board didn’t have clear reasons for rejecting schools, the district revamped its charter oversight to make the review process more transparent. Now, five independent evaluators help scrutinize schools’ lengthy applications — a job that until this year had been done by three district officials with many other responsibilities. (The district also doubled the size of its charter schools office.)

The new appeals suggest that at least some charter operators aren’t satisfied by the changes.

District officials said the schools did not have clear goals for their academic programs and relied too heavily on grant funding. The board for Rich Ed Academy of Learners said in its appeal letter the district’s concerns were ambiguous and that the school would provide a unique project-based learning model for girls of color from low-income families.

The other school’s board said in its letter that the district’s decision was not in the best interest of students. A school official declined to elaborate.

The state board blasted Shelby County Schools’ charter revocation and approval processes last year, ultimately approving one appeal. That cleared the way for the first charter school in Memphis overseen by the panel.

The state board will vote on the new appeals at its quarterly meeting Friday, Oct. 20. If the state board approves the appeals, the local board would have 30 days to decide whether to authorize the school or relinquish oversight to the state board.

now hiring

With a new school year underway, hundreds of teaching positions remain unfilled in New York City

PHOTO: Jaclyn Zubrzycki

Hundreds of schools are missing teachers and support staff two weeks into the school year, with many of the openings in high-poverty districts and struggling schools that are typically the hardest to staff, according to postings on a city database in mid-September.

There were almost 1,700 job postings as of Sept. 19, according to data obtained by Chalkbeat. The listings offer a snapshot of the jobs advertised that day — not an official tally of the total citywide staff openings.

Still, they indicate a critical need for special-education teachers and paraprofessionals, teaching assistants who tend to work with young students and those with disabilities. Many of the unfilled positions were in low-income districts in the Bronx and Brooklyn, and dozens were in schools in the city’s Renewal program for low-performing schools.

The vacancies were posted in the city’s Excessed Staff Selection System, which lists jobs available to teachers in the Absent Teacher Reserve — a pool of teachers who lack permanent positions because they face disciplinary or legal issues, or their schools were closed or downsized. The listings hint at where teachers in the ATR pool may land this year, since the city recently announced it will place such teachers in schools that still have vacancies after Oct. 15.

Education department officials said the data “doesn’t provide accurate or precise information on school vacancies.” In particular, they said there could be a lag in updating the postings, or that schools could post positions that are expected to become available but are currently filled.

In addition, schools may list the same job more than once in order to advertise the position to teachers with different certifications, officials said. For example, a posting for a computer science teacher could also appear as openings for math and science teachers.

Still, the postings suggest where the need for teachers may be greatest — and where ATR teachers could likely end up.

Four out of the five districts with the most postings were in the Bronx. They include Districts 7 and 9 in the South Bronx, along with Districts 10 and 12. District 19 in Brooklyn, which includes East New York, also had dozens of listings.

In District 7, where more than 90 percent of students are poor, there were 60 postings for teachers in subjects ranging from Spanish to physical education and music. That includes 26 listings for paraprofessionals, who are often mandated by students’ special-education plans.

Overall, there were more than 600 listings for paraprofessionals, about half of which were needed to work with students who have disabilities. Almost 400 of the postings were for special-education teachers, who are often in short supply.

Devon Eisenberg knows these staffing challenges well. She is co-principal of The Young Women’s Leadership School of the Bronx in District 9. Despite boasting a staff-retention rate of about 90 percent, the school started the year short one teacher. To plug the hole, Eisenberg relied on substitutes and other teachers to cover the class. She was able to find a permanent hire this week, though the pool of qualified candidates was slim.

“This is definitely not fair for our students as they are not receiving consistent and coherent instruction,” she wrote in an email. “It is also stressful for the teachers covering these holes.”

Starting the school year with a substitute teacher can become a barrier to learning. Research has shown that staff turnover leads to lower test scores, even for students who weren’t in the class that lost its teacher.

Turnover tends to be highest in struggling schools, which often serve the neediest students.

Schools in the Renewal program — which includes 78 low-performing schools — posted about 70 openings, according to the data analyzed by Chalkbeat. The greatest shortage was for special-education teachers, for which there were 16 postings. That was followed by math teachers, with nine openings.

At M.S. 391 The Angelo Patri Middle School, a Renewal school in the Bronx, there were two postings for math teachers. Last year, only 8 percent of students passed state math exams at the school, which has a new principal.

Carmen Marrero teaches special education at M.S. 391 and has worked in other Bronx schools that struggle with staffing.

“We tend to deal with a lot of behavior challenges,” she said, referring to schools in the Bronx. “I guess that keeps some of the aspiring teachers or some of the teachers who are already in the field away from this side of town.”

This year, the openings come with an additional consequence: Schools with vacancies could be prime candidates to receive teachers in the ATR.

Though officials say they will work closely with principals, the department could place teachers even over the objections of school leaders. Some principals have threatened to game the hiring system by simply not posting openings in order to avoid having a teacher from the ATR placed at their school.

Meanwhile, some teachers in the pool dread being assigned to schools whose openings could signal poor leadership or a tough work environment.

Teachers who are in the ATR will not be placed in positions outside of their license areas, which may limit how many of the openings the education department can fill after mid-October.

Critics say the policy will place the least effective teachers in the neediest schools. Education department figures show that only 74 percent of ATR teachers were rated effective, highly effective or satisfactory in 2015-16 — compared to 93 percent of all city teachers.

Education department officials said the city has worked with schools to fill their vacancies well before the start of the school year.

Maria Herrera, principal of Renaissance High School for Musical Theater in the Bronx, said she tries to have all her hires in place by June. That way, she can involve future teachers in end-of-the-year activities that help build a sense of community, and provide training over the summer.

This year, she was able to start school fully staffed. The education department allowed schools to fill positions earlier this year and held numerous job fairs, she said.

“I feel really supported,” she said.