RIP rubber rooms

End of rubber rooms a "big deal," but bigger issues remain

When he announced that he would close the city’s infamous rubber rooms yesterday, Mayor Michael Bloomberg declared, “To say that this is a big deal is an understatement.”

The agreement will shutter the reassignment centers where teachers accused of misconduct or incompetence wait idly for their cases to be heard, a process both the city and union have accused each other of dragging on interminably. But the deal, which was struck outside of formal contract negotiations, does little to resolve the most contentious issues the city and union have long fought over.

Yesterday’s rubber room agreement traded one largely-ignored time-line for hearing cases for a speedier one. Union and city officials pledged to strictly adhere to the faster schedule and clear out the backlog of cases by the end of the year.

“We want a faster, fairer process,” United Federation of Teachers President Michael Mulgrew said. “That’s the way this process should work and that’s what this agreement does.”

The deal does little to make it easier to fire teachers for incompetence, a major goal of the Bloomberg administration that the union bitterly opposes.  Nor does it address a costlier problem: the pool of teachers who remain on the city’s payroll after losing their positions to school budget cuts or school closings.

Speaking to reporters yesterday, Bloomberg said the delay in reforming the expensive process lay mostly in a lack of political will to change.

“Over the years nobody paid attention to the cost of delay,” Bloomberg said, arguing that much of the arbitration work that has taken years in some cases under the current system could actually have been done in weeks.

“There’s never been any pressure to do so,” he said. “We can’t afford to do that anymore.”

City officials said that they expect the faster arbitration schedule to significantly reduce the $30 million a year they say is currently spent paying teachers to sit and do nothing while they wait for their cases to be heard.

“I think over time we should be able to recapture a significant sum of that and put it back in the classroom,” Chancellor Joel Klein said.

But any savings from the new process likely will not materialize for months, as the city ramps up its short-term efforts to clear the backlog of nearly 650 cases, which city and union officials today pledged to resolve by December.

“The big issue is going to be myself and the chancellor going before the arbitration board and explaining what the expectations are,” Mulgrew said. “I don’t think that’s ever been done before.”

To speed up the hearing process, the city plans to increase the number of arbitrators who hear teachers’ cases from 23 to 39, and to increase the number of days per month arbitrators hear cases from five to seven. The city is accordingly also planning to hire more lawyers and investigators who handle cases of teacher misconduct and incompetence, city officials said. Union officials said they would push for more cases to be settled rather than go through hearings, which would speed up the process even more.

Under the new process, the city will have 60 days after removing a teacher from the classroom to bring charges of misconduct and 10 days to charge a teacher with incompetence. If the DOE fails to bring charges during that time, the teacher will automatically return to the classroom. This is a major change from the previous system, under which the city’s six month deadline to issue charges was sometimes ignored.  Some teachers sat in reassignment centers for months or even years without charges.

City officials are also hoping to shorten the time between when charges are filed and when teachers’ hearings begin. Under the new system, hearings must start two weeks after teachers request them. Most teachers are now supposed to have 10 to 14 hearing days over the next two months, and arbitrators will now be expected to hand down a decision within a month of the final hearing. Extensions to this period under “extraordinary circumstances” are legally allowed, but yesterday’s agreement instructs hearing officers to make extensions “the exception and not the rule.”

The deal calls for the small minority of teachers charged with non-fireable offenses to go through an even faster process of a 3-day hearing.

The mayor dodged a question about whether the rubber room announcement will have any effect on the city’s stalled teachers contract negotiations with the union, which formally entered the mediation process on Wednesday. The city’s negotiation wishlist includes a demand that teachers who have been charged and are awaiting a trial be removed from the city’s payroll until they’re found innocent. It’s unclear if the city intends to pursue its demands for more flexibility in firing as it enters the mediation stage.

Here is the official text of the agreement that Klein and Mulgrew signed yesterday:

pre-k for all

New York City will add dual language options in pre-K to attract parents and encourage diversity

PHOTO: Christina Veiga
Schools Chancellor Carmen FariƱa, back right, visits a Mandarin pre-K dual language program at P.S. 20 Anna Silver on the Lower East Side.

Education Department officials on Wednesday announced the addition of 33 dual language pre-K programs in the 2018-19 school year, more than doubling the bilingual opportunities available for New York City’s youngest learners.

The expansion continues an aggressive push under the current administration, which has added 150 new bilingual programs to date. Popular with parents — there were 2,900 applications for about 600 pre-K dual language seats last year — the programs can also be effective in boosting the performance of students who are learning English as a new language.

Another possible benefit: creating more diverse pre-K classrooms, which research has shown are starkly segregated in New York City.

Schools Chancellor Carmen Fariña said the new programs reflect the city’s commitment to serving all students, even as a national debate rages over immigration reform.

“It’s important to understand that immigrants or people who speak a second language are an asset,” Fariña said. She called bilingual education “a gift that I think all schools should have.”

Included in the expansion are the city’s first dual language pre-K programs in Bengali and Russian, which will open in Jamaica, Queens, and the Upper West Side, Manhattan, respectively. The other additions will build on programs in Spanish, Mandarin and Italian. Every borough is represented in the expansion, with 11 new programs in Manhattan, nine in Brooklyn, six in Queens, five in the Bronx, and two on Staten Island.

In the dual-language model, students split their time between instruction in English and another language. At P.S. 20 Anna Silver, where the recent expansion was announced, pre-K students start the morning in English and transition to Mandarin after nap time. Experts say the model works best when the class includes an equal mix of students who are proficient in each language so they can learn from each other as well as the teacher, though it can often be difficult to strike that balance.

Officials and some advocates view dual-language programs as a tool for integration by drawing middle-class families eager to have their children speak two languages into neighborhood schools that they otherwise may not have considered. Research has shown that New York City’s pre-K classrooms tend to be more segregated than kindergarten. In one in six pre-K classrooms, more than 90 percent of students are from a single racial or ethnic background. That’s compared with one in eight kindergarten classrooms, according to a 2016 report by The Century Foundation.

Sharon Stapel, a mother from Brooklyn, said she knew early on that she wanted her daughter to learn another language and strike relationships across cultures. So she travels to the Lower East Side with her four-year-old, Finch, to attend the Mandarin dual-language pre-K program at P.S. 20 Anna Silver. On Wednesday, the city announced it will add a Spanish dual language program at the school.

“We really see it as how you build community with your neighbors and your friends,” Stapel said. “It was also an opportunity for Finch to become involved and engage in the cultures and in the differences that she could see in the classrooms — and really celebrate that difference.”

Citywide, about 13 percent of students are learning English as a new language. That number does not include pre-K since the state does not have a way to identify students’ language status before kindergarten. However, based on census data, it is estimated that 30 percent of three- and four-year-olds in New York are English learners.

Dual-language programs can benefit students who are still learning English — more so than English-only instruction. Nationally and in New York City, students who are learning English are less likely to pass standardized tests and graduate from high school. In one study, students who enrolled in dual-language courses in kindergarten gained the equivalent of one year of reading instruction by eighth grade, compared with their peers who received English-only instruction.

The city has been under pressure to improve outcomes for English learners. Under the previous administration, New York City was placed on a state “corrective action plan” that required the education department to open 125 new bilingual programs by 2013. Though the city fell short of that goal, the current administration has agreed to place every English learner in a bilingual program by the 2018-19 school year.

Among the greatest barriers to achieving that is finding qualified teachers, Fariña said. In some cases, it can be hard to find teachers who are fluent in the target language. In others, teachers who are native in a foreign language may only be certified in their home country, and it can be hard to transfer that certification to New York.

In order to open an Urdu program recently, Fariña said, the teacher, who holds a degree from another country, went through Teaching Fellows, an alternative certification program that usually caters to career-changers or recent college grads.

“I think the biggest challenge we have right now is ensuring our teacher preparation courses are keeping up with our need and demand for teachers who can teach another language,” she said.

college plans

As Washington decides their fate, ‘Dreamers’ preparing for college are stuck in limbo

PHOTO: Joe Amon/The Denver Post
Randi Smith, a psychology teacher at Metro State University, marched to support Deferred Action for Childhood Arrivals during a citywide walkout in downtown Denver, CO.

While many high schoolers spend spring of their senior year coasting through classes and waiting to hear back from colleges, undocumented students who hope to attend college spend their time calling lawyers, consulting school counselors, and scouring the internet in search of ways to pay for school without the help of federal financial aid or student loans — assuming they even get in.

That process, anxiety-provoking even in a normal year, has become incalculably more chaotic this admissions season — even traumatic — as these young undocumented immigrants watch President Trump and lawmakers wrangle over Deferred Action for Childhood Arrivals, the program that has until now allowed them to remain in the country without having to fear deportation.

As the policy battle nears a climax, these students aren’t just breathlessly waiting to learn whether they’ll be accepted into college — they’re waiting to see whether they have a future in this country.

“It’s different for me. It’s definitely more stressful and there are times when you want to give up,” said an undocumented student at KIPP NYC College Prep High School, who is graduating this year and applying to colleges. She requested anonymity because of her legal status. “But then I remind myself that regardless of what’s going on, I’m still going to do what I’ve set myself to do.”

High school counselors are also feeling the strain. They already faced the difficult task of helping undocumented students compete for private scholarships, and finding schools that will support those students once they’re on campus. Now those counselors also must monitor each twist and turn of the immigration debate in Washington, while, somehow, trying to keep their undocumented students focused on college.

One of those counselors is John Kearney, who works at Guadalupe Centers Alta Vista High School, a charter school in Kansas City, Missouri. Dozens of his soon-to-graduate students are beneficiaries of DACA, a program created under former President Obama that allows undocumented immigrants who were brought to the country as children to avoid deportation and work here legally. Lately, they have been asking him why they should even consider college when their fate in the U.S. is so uncertain.

“The big question is, ‘Why? Why go to college, and then I can’t even work, then why?’” said Kearney, who also helped start a nonprofit that provides scholarships to undocumented students. “It’s a really tough question.”

As of Friday, President Trump and lawmakers were still locked in heated negotiations over DACA, which Trump said this fall that he would eliminate unless Congress enshrined it in law. Without an agreement, it is set to expire March 5, just as graduating seniors firm up their college plans. If that happens, young immigrants, often called Dreamers, could lose the few crucial protections they have. For many, their DACA status has already lapsed.

Even with DACA’s protections, Dreamers face massive hurdles to enroll in college: They don’t qualify for federal aid or loans, and, in some states, are barred from receiving financial aid or even attending public universities. Out of the estimated 65,000 undocumented students who graduate from high school every year, only 5-10 percent enroll in college.

Following Trump’s announcement in September, counselors have also had to race against the clock counting down to DACA’s expiration: That meant juggling college application deadlines with the October cutoff for students to apply for renewed DACA status.

The KIPP charter school network received a donation this year to help students pay for the renewal fee, which has been a godsend for many students — including the young woman who is graduating from KIPP NYC College Prep High School.

As soon as she learned the school would pay the fee for her, she immediately called her father, who is also undocumented and repairs beauty-salon equipment for a living.

“My dad was definitely trying to round up the money before the deadline, so it was a blessing that the school was able to find a donor,” she said. “I told him not to worry about it and it was a relief — like a weight off his shoulders.”

If the girl was trying to relieve her father’s stress, her college counselor, Rob Santos, was trying to do the same for her. Even as she balanced college-application essays, transcripts, and the rest, she was also coming to realize how quickly her life would change if DACA is not extended.

“There was definitely extra emotional support that I’ve had to provide this year,” Santos said. “I definitely had my DACA student in my office, and tears were happening.”

Santos keeps a running list of the colleges that accept students who don’t have permanent legal status and the few scholarships available to them. Many of those scholarships require undocumented students to have DACA status. If the program ends, it’s unclear whether students will still be eligible.

Still, Santos said his dreamer student rarely talks about the political furor surrounding her future in the U.S. as she awaits her college-acceptance letter. Instead, she’s more likely to discuss her hope of one day studying business and fashion.

“Our DACA students are resilient. They’re optimistic,” Santos said. “But they’re also realistic for what could actually happen.”