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.

the aftermath

What educators, parents, and students are grappling with in the wake of America’s latest school shooting

Kristi Gilroy (right) hugs a young woman at a police check point near the Marjory Stoneman Douglas High School where 17 people were killed by a gunman in Parkland, Florida. (Photo by Mark Wilson/Getty Images)

It’s hard to know where to start on days like this.

The shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that left 17 people dead on Wednesday has elicited both terror and anger — and raised debates that are far from settled about how to keep American students safe.

Here are a few storylines we noticed as the country again grapples with a tragic school shooting:

1. You’re not wrong to think it: There have been a lot of mass shootings, and many recent ones have been especially deadly.

Data on school shootings specifically, though, is notoriously murky. As the Atlantic recently noted, varying definitions can contribute to either “sensationalizing or oversimplifying a modern trend of mass violence in America that is seemingly becoming more entrenched.”

But by NBC News’ count, 20 people have been killed and more than 30 have been injured in school shootings this year. That’s a lot — and more news organizations are now trying to keep a careful tally.

2. The consequences of traumatic events like the shooting at Stoneman Douglas are likely to be felt for some time.

A number of studies have found that violent and traumatic events in and outside of school do real damage to student learning, as we’ve reported — particularly among students who are already struggling. Here are some resources for teachers who need to talk to their students about trauma.

3. The tragedy is already renewing debates over whether or how to arm teachers.

Education Week gathered some of those calls from politicians Thursday. “Gun-safety advocates say that teachers can’t safely and quickly move from the mindset of teaching to being asked to fire a gun at an active shooter,” the story also notes.

This doesn’t even get at the debate about whether anyone should have access to the kind of gun the shooter used. Students from the district, for their part, told Broward schools chief Robert Runcie Thursday “that the time is due for a conversation on sensible gun control,” the Miami Herald reported.

Whether other technology and infrastructure can help keep students safe is a topic of ongoing discussion in communities across the country. Colorado lawmakers are considering a bill to help schools buy communications systems that would allow them to talk directly to police and other emergency responders. Officials from districts that already use this equipment described them as a way to increase safety without “turning our schools into prisons,” even as they also assured lawmakers that the radios were just as useful for serious playground injuries and broken-down buses as for the much rarer active shooter situations.

In Tennessee, one school district near Nashville announced plans to close schools next Monday to review all safety plans with school staff and local law enforcement.

4. In some places, the shooting is unlikely to change the school safety debate at all.

In New York City, for example, conversations about school safety in recent years have revolved around discipline policies and metal detectors (though police have seized an increasing number of weapons from city schools). There’s little appetite there to arm teachers.

5. But all across America, the shooting and others like it have added a frightening tone to what it means to teach and learn in schools today.

“I know you are waking up this morning to a nightmare,” a former educator wrote in a “love letters to teachers” on Teaching Tolerance. “I know you are frustrated, tired and weary of the news. I know you are wearing your coat of bravery today.”

“I’m so, so angry and I’m having a hard time today looking at my students and not thinking about what happens when it’s my school’s turn,” wrote one commenter on the Badass Teachers Association Facebook group.

getting to graduation

New York City graduation rate hits record high of 74.3 percent in 2017

PHOTO: Christina Veiga
Mayor Bill de Blasio announced the 2017 graduation rate at South Bronx Preparatory school.

New York City’s graduation rate rose to 74.3 percent in 2017, a slight increase over the previous year and a new high for the city.

The 1.2 percentage point increase over the previous year continues an upward climb for the city, where the overall graduation rate has grown by nearly 28 points since 2005. The state graduation rate also hit a new high — 82.1 percent — just under the U.S. rate of 84.1 percent.

The city’s dropout rate fell to 7.8 percent, a small decline from the previous year and the lowest rate on record, according to the city.

“New York City is showing that when we invest in our students, they rise to the challenge and do better and better,” Mayor Bill de Blasio said in a statement Wednesday.

More graduates were also deemed ready for college-level work. Last year, 64 percent of graduates earned test scores that met the City University of New York’s “college-ready” benchmark — up more than 13 percentage points from the previous year. 

However, the gains came after CUNY eased its readiness requirements; without that change, city officials said the increase would be significantly smaller. But even with the less rigorous requirements, more than a third of city students who earned high-school diplomas would be required to take remedial classes at CUNY.

Phil Weinberg, the education department’s deputy chancellor for teaching and learning, noted that CUNY’s college-readiness requirements are more demanding than New York’s graduation standards — which are among the toughest in the country.

We will work toward making sure none of our students need remediation when they get to college,” he told reporters. “But that’s a long game for us and we continue to move in that direction.”

The rising graduation rates follow a series of changes the state has made in recent years to help more students earn diplomas.

The graduation-requirement changes include allowing students with disabilities to earn a diploma by passing fewer exit exams and letting more students appeal a failed score. In addition, students can now substitute a work-readiness credential for one of the five Regents exams they must pass in order to graduate — adding to a number of other alternative tests the state has made available in the past few years.

About 9,900 students used one of those alternative-test or credential options in 2017, while 315 students with disabilities took advantage of the new option for them, according to state officials. They could not say how many students successfully appealed a low test score; but in 2016, about 1,300 New York City students did so.

The news was mixed for schools in de Blasio’s high-profile “Renewal” improvement program for low-performing schools. Among the 28 high schools that have received new social services and academic support through the program, the graduation rate increased to nearly 66 percent — almost a 6 percentage point bump over 2016. Their dropout rate also fell by about 2 points, to 16.4 percent, though that remains more than twice as high as the citywide rate.

However, more than half of the high schools in that $568 million program — 19 out of 28 — missed the graduation goals the city set for them, according to a New York Times analysis based on preliminary figures.

Graduation rates for students who are still learning English ticked up slightly to 32.5 percent, following a sharp decline the previous year that the state education commissioner called “disturbing.” City officials argue that students who improved enough to shed the designation of “English language learner” in the years before they graduated should also be counted; among that larger group, the graduation rate was 53 percent in 2017.

Meanwhile, the graduation-rate gap between white students and their black and Hispanic peers narrowed a smidgen, but it remains wide. Last year, the graduation rate was about 83 percent for white students, 70 percent for black students, and 68 percent for Hispanic students. That represented a closing of the gap between white and black students by 0.4 percentage points, and 0.1 points between whites and Hispanic.

Asian students had the highest rate — 87.5 percent — a nearly 2 point increase from the previous year that widened their lead over other racial groups.

Christina Veiga contributed reporting.