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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.

weekend update

How the education world is reacting to racist violence in Charlottesville — and to Trump’s muted response

PHOTO: Andrew Dallos/Flickr
A rally against hate in Tarrytown, New York, responds to the violence in Charlottesville.

For educators across the country, this weekend’s eruption of racism and violence in Charlottesville, Virginia, offered yet another painful opportunity to communicate their values to families, colleagues, and community members.

Many decried the white supremacists who convened in the college town and clashed with protesters who had come to oppose their message. Some used social media to outline ideas about how to turn the distressing news into a teaching moment.

And others took issue with President Donald Trump’s statement criticizing violence “on many sides,” largely interpreted as an unwillingness to condemn white supremacists.

One leading education official, U.S. Education Secretary Betsy DeVos, followed Trump’s approach, criticizing what happened but not placing blame on anyone in particular:

DeVos’s two most recent predecessors were unequivocal, both about what unfolded in Charlottesville and whom to blame:

Leaders of the nation’s two largest teachers unions responded directly to Trump:

The American Federation of Teachers, Weingarten’s union, is supporting vigils across the country Sunday night organized by chapters of Indivisible, a coalition that emerged to resist the Trump administration. The union also promoted resources from Share My Lesson, its lesson-plan site, that deal with civil rights and related issues.

“As educators, we will continue to fulfill our responsibility to make sure our students feel safe and protected and valued for who they are,” Weingarten said in a statement with other AFT officials.

Local education officials took stands as well, often emotionally. Here’s what the superintendent in Memphis, which is engaged in the same debate about whether Confederate memorials should continue to stand that drew white supremacists to Charlottesville, said on Twitter:

Teachers in Hopson’s district return for the second week of classes on Monday. They’ve helped students process difficult moments before, such as a spate of police killings of black men in 2016; here’s advice they shared then and advice that teachers across the country offered up.

We want to hear from educators who are tackling this tough moment in their classrooms. Share your experiences and ideas here or in the form below. 

Betsy DeVos

‘Underperformer,’ ‘bully,’ and a ‘mermaid with legs’: NYMag story slams Betsy DeVos

PHOTO: New York Magazine
A drawing of DeVos commissioned by an 8-year-old starts the New York Magazine article.

A new article detailing Betsy DeVos’s first six months as U.S. education secretary concludes that she’s “a mermaid with legs: clumsy, conspicuous, and unable to move forward.”

That’s just one of several brutal critiques of DeVos’s leadership and effectiveness in the New York Magazine story, by Lisa Miller, who has previously covered efforts to overhaul high schools, New York City’s pre-kindergarten push, and the apocalypse. Here are some highlights:

  • Bipartisan befuddlement: The story summarizes the left’s well known opposition to DeVos’s school choice agenda. But her political allies also say she’s making unnecessary mistakes: “Most mystifying to those invested in her success is why DeVos hasn’t found herself some better help.”
  • A friend’s defense: DeVos is “muzzled” by the Trump administration, said her friend and frequent defender Kevin Chavous, a school choice activist.
  • The department reacts: “More often than not press statements are being written by career staff,” a spokesperson told Miller, rejecting claims that politics are trumping policy concerns.
  • D.C. colleagues speak: “When you talk to her, it’s a blank stare,” said Charles Doolittle, who quit the Department of Education in June. A current education department employee says: “It’s not clear that the secretary is making decisions or really capable of understanding the elements of a good decision.”
  • Kids critique: The magazine commissioned six portraits of DeVos drawn by grade-schoolers.
  • Special Olympics flip-flop: DeVos started out saying she was proud to partner with the athletics competition for people with disabilities — and quickly turned to defending a budget that cuts the program’s funding.
  • In conclusion: DeVos is an underperformer,” a “bully” and “ineffective,” Miller found based on her reporting.

Updated (July 31, 2017): A U.S. Education Department spokesperson responded to our request for comment, calling the New York Magazine story “nothing more than a hit piece.” Said Liz Hill: “The magazine clearly displayed its agenda by writing a story based on largely disputed claims and then leaving out of the article the many voices of those who are excited by the Secretary’s leadership and determination to improve education in America.”