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.

just deserts

These New York City neighborhoods have relatively few charter schools, according to a new report

PHOTO: Thomas B. Fordham Institute

New York has plenty of charter schools — 225 just serving elementary-school students at the most recent count.

But advocates for the schools, which are publicly funded but privately managed, say some parts of the city have disproportionately few, considering that they are home to the poor students the schools are intended to serve.

In a new report, the Thomas B. Fordham Institute calls attention to “charter school deserts,” which it defines as “three or more contiguous census tracts that have poverty rates greater than 20 percent but that have no charter schools.”

In New York City, according to the report, parts of Harlem, the Bronx, and central Brooklyn meet the desert criteria. So do parts of Buffalo, Albany, and Rochester upstate.

The report makes the case that geography constrains many families’ ability to choose schools, so having relatively few charter schools could mean that families do not have access to school choice — one of the Fordham Institute’s top priorities.

In New York City, the dynamic is different because transportation is widely available, and many families choose to travel some distance to access the schools they want. In addition, because of the city’s large and dense population, census tracts are relatively small, meaning that a student without a charter school in his or her own tract might in fact live near a charter school anyway.

The report scanned all 42 states that allow charter schools for deserts and found them in 39, particularly in areas just outside of city boundaries where low-income families have moved because of gentrification. Its authors say the analysis is meant to help policy makers, charter operators, and parents alike.

“Policymakers and parents can use this information to better understand the supply of schooling options in their states and cities — and to press for changes that would improve that supply,” the report reads. “Charter operators and authorizers may also find this analysis helpful as they consider where to establish new schools.”

Whether New York City and state need more charter schools is a contested topic in Albany, where lawmakers have set limits about how many of the schools can operate. Last year, Gov. Andrew Cuomo proposed changing the charter school cap so that more schools could open in New York City, but that proposal did not advance, meaning that the city can add only about 30 more schools without bumping up against the limit.

New York City Mayor Bill de Blasio, on the other hand, has long said the city has “a good dynamic right now with the cap the way it is.”

Having charter schools nearby can strain city-run schools for space, enrollment, and resources — a dynamic that charter advocates say is essential to ensuring that schools face competitive pressure to serve students effectively.

Headlines

In smaller gun violence protests, hundreds of students walk out of NYC schools to mark Columbine anniversary

PHOTO: Drew Angerer
NEW YORK, NY - APRIL 20: Student activists rally against gun violence at Washington Square Park, near the campus of New York University, April 20, 2018 in New York City. On the anniversary of the 1999 Columbine High School mass shooting, student activists across the country are participating in school walkouts to demand action on gun reform. (Photo by Drew Angerer/Getty Images)

From Brooklyn to the Bronx, students left their classrooms Friday to protest gun violence in demonstrations that were smaller but no less than passionate than last month’s massive walkout.

This time around, school officials weren’t giving a free pass to students for skipping school to protest — the Department of Education said there could be repercussions and Chancellor Richard Carranza urged students to stay in class because “you don’t have to be out of school all day to make your voices known. You’ve already made your voices known.”

According to the Department of Education, attendance on Friday was 89.89 percent, down just slightly from Thursday’s attendance of 91.36 percent. But that number might not account for students who briefly left school to attend protests after the school day started.

The walkout was designed to protest gun violence and planned for the 19th anniversary of the Columbine school shooting.

Many of the demonstrators gathered in Washington Square Park for a “die-in.” But other students stayed close to home, such as the School for Global Leaders on the Lower East Side. Here are some photos and videos shared on Twitter that give a sense of the walkout’s scope in New York.