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.

To and Through

Newark’s post-grad paradox: More students are entering college, but few earn degrees

PHOTO: Patrick Wall/Chalkbeat
Newark Mayor Ras Baraka wants 25 percent of residents to have college degrees by 2025, up from 19 percent today.

When it comes to college, Newark faces a good news-bad news paradox.

More students than ever are graduating high school and enrolling in college, according to a new report. Yet fewer than one in four Newark students earns a college degree within six years of graduating high school — leaving many with limited job prospects in a city where an estimated one-third of jobs require a four-year college degree.

Now, city officials are promising to build on the report. They want to ramp up the rigor of high-school classes and create more early-college programs to increase the odds of students entering college and leaving with a degree.  

“How do we teach our children to perform — to graduate?” Mayor Ras Baraka asked at a press conference Wednesday to mark the official release of the report of Newark students’ college outcomes. “We got them in the door,” he said of students who attend college. “Now how do we make them stay?”

The city’s plans, to which Superintendent Roger León is lending his support, reflect a growing recognition that simply getting students into college is not sufficient — and can even backfire if they drop out before graduation, leaving them with college debt but no degree.

Until recently, the charge given to high schools in Newark and across the country was to foster “college-going cultures.” And these efforts showed promising results: On average, 51 percent of Newark Public School students who graduated high school between 2011 and 2016 immediately enrolled in college, up from 39 percent who did so between 2004 and 2010, according to the report by the Newark City of Learning Collaborative, or NCLC, and Rutgers University-Newark’s School of Public Affairs and Administration.

But entering college didn’t guarantee its completion. Of those students who started college straight after high school, only 39 percent earned a degree within six years, the report found.

As a result, educators and policymakers have begun to think harder about how to help students “to and through” college — to ensure they actually earn degrees. Toward that end, Baraka and the NCLC — which includes roughly 40 colleges, schools, nonprofits, and corporations — has set a goal of 25 percent of Newark residents earning college degrees or comparable credentials by 2025.

Today, just 19 percent of Newark adults have associate degrees or higher — compared to 45 percent of adults across New Jersey and 40 percent nationally.

Superintendent León, who began overseeing the city’s schools on July 1, said his main strategy for supporting these efforts will be to expose students to challenging work early on.

“If we don’t do something dramatically in classrooms to improve instruction and make it rigorous,” León said after Wednesday’s event, then students are “getting into college but they’re not completing it.”

Source: “Post-Secondary Outcomes of Newark High School Graduates (2011-2016)” report. Note: The four-year rate is an average of the classes of 2011 to 2013. The six-year rate is from the class of 2011. Graphic: Sam Park/Chalkbeat

For starters, León said he wants high schools to offer more college-level classes. In the 2016-17 school year, just 21 percent of Newark students were enrolled in one or more Advanced Placement or International Baccalaureate classes — compared to 42 percent of students statewide.

He also vowed to raise the quality of instruction in the district’s traditional high schools. Only 14 percent of their graduates earn college degrees within six years, compared to 42 percent of graduates from the city’s selective magnet schools, the report found.

To do that, León said he will create specialized academies within the traditional schools modeled on the magnets, which have specialized themes such as science, technology, or the arts. The academies, which will partner with colleges, will most likely feature admissions criteria similar to those of magnet schools, which select students based on their academic and attendance records, León added.

And, for the first time, all ninth-grade students this academic year will take the Preliminary SAT, or PSAT, León said Wednesday. An additional 1,100 eighth-graders who passed at least one of their seventh-grade PARCC exams will also take the PSAT when it’s administered on Oct. 10.

Since 2016, the district has provided the PSAT to all 10th and 11th-grade students. But León said that giving the test to younger students will focus their attention on college and help identity those who are ready for advanced classes. The PSAT is designed to help students prepare for the SAT, which is used in college admissions, and to qualify for National Merit Scholarships.

The district, which was under state control for 22 years until February, is getting some assistance in its effort to improve students’ college outcomes.

For instance, KIPP, the national charter-school network with eight schools in Newark, is sharing its strategies for helping students choose the right college with guidance counselors at three district high schools.

And the higher-education institutions in the Newark City of Learning Collaborative, including Essex County College and Rutgers University-Newark, plan to create more “dual-enrollment” programs that allow high-school students to earn college credits, said NCLC Executive Director Reginald Lewis.

“We’re all going to do a better job,” Lewis said, “of making sure that once Newark residents get in our doors, that we help them persist.”

Time crunch

In victory for teachers union, Newark superintendent scraps longer hours for low-performing schools

PHOTO: Patrick Wall/Chalkbeat
Superintendent Roger León at Hawkins Street School, one of the schools that will lose its extended hours.

Newark’s new superintendent is eliminating a program that extended the hours of struggling schools, which the teachers union has long attacked as ineffective and unfair to educators.

Teachers at roughly 30 schools will no longer receive $3,000 annual stipends for the extra hours, a provision written into the current teachers contract, which extends to 2019. Instead, all 64 district schools will get extra funding for before and after-school programs, Superintendent Roger León said in an email to employees on Tuesday.

The changes will go into effect Monday, Sept. 10, resulting in new hours for the affected schools just days after the new school year began. The district is still working to adjust pickup times for students who are bused to school, according to León’s email. A few of the schools will phase out their extended hours later in the year, the email said.

“We will not continue to do the same things as before and be surprised when the results do not change,” León wrote, adding that cutting the extra hours would save the district $5 million.

In an interview with Chalkbeat Thursday, León said the move is intended to create more uniformity among schools and the services they provide. Now, all schools will get additional money to pay for programs outside of the regular school day, which schools can tailor to their individual needs, though students who are struggling academically will continue to receive “intensive” support, he said.

“Ultimately, the idea would be by October having completely different after-school and before-school programming that meets the needs of each respective school,” León said.

The extended time was first included in the teachers contract in 2012 as part of a larger improvement plan for the targeted schools, which was developed by Cami Anderson, Newark’s former state-appointed superintendent. The plan also designated some low-performing schools as “renew” schools, where teachers had to reapply for their positions and work longer hours.

Anderson also closed some schools and gave principals new hiring authority. Both actions left dozens of tenured teachers without positions, so Anderson created a fund to pay those teachers to perform support duties in schools. In 2014, that fund for “employees without placement” cost the district $35 million out of its nearly $1 billion budget, though by last year the fund had shrunk to $8 million for about 100 unassigned teachers, according to officials.

León said in Tuesday’s email that he was also eliminating the fund, which he said would save the district another $6 million. The teachers union president said he believed all the unassigned teachers now have placements, but the district did not respond to a request to confirm that.

León is also removing the “renew” and “turnaround” labels from low-performing schools, citing their “progress and student achievement,” according to the email.

“I applaud everyone’s efforts at renew or turnaround schools and acknowledge what has been accomplished,” he wrote.

Now that León has abolished his predecessors’ school-improvement program, he will be expected to create his own. Many schools remain mired in poor performance, even as the district overall has made strides in recent years.

When the teachers union agreed to the extended hours in its 2012 contract with the district, it was hailed nationally as a major breakthrough in efforts to revamp troubled schools. But even as the union agreed last year to keep the provision in its current contract, union officials have assailed the turnaround effort as a failure.

NTU President John Abeigon told Chalkbeat on Thursday that the program had been a “scam” and “nothing more than extended childcare.” He added that the stipend teachers received amounted to about $7 per hour for the extra time they worked.

In 2016, a district-commissioned survey of 787 teachers at schools with extended hours found that two-thirds of teachers at schools where the extra time was spent on student instruction said the time was valuable. But in a survey the union conducted in April, the 278 teachers who responded gave the extended hours low ratings for effectiveness in boosting student achievement.

Some teachers in the union survey praised the longer hours, saying their schools used them effectively to lengthen class periods, run after-school clubs, or allow teachers to plan lessons or review student data. But others said the extra time was squandered, leaving staff and students exhausted with little evidence of improved student outcomes to show for it. (Students’ pass rates on state tests stayed flat or declined at most “renew” schools in the first years of the program.)

The union also has complained that many teachers felt compelled to work the extra hours because those who refused to could be transferred to different schools. Under the terms of the original extended-day agreement, teachers were required to work an extra hour per day and attend trainings during the summer and some weekends.

In León’s email to employees, he said every extended-day school had set different work requirements and “none are consistent with the original design.” The longer days may also be contributing to high teacher turnover in those schools, he wrote, adding that principals of schools with regular hours told him they did not want to extend their hours.

Abeigon, the union president, applauded León’s decision to scrap the extra work hours.

“He came to the conclusion that we expected any true educator to reach: that the program was not working and was never going to work,” he said.

León said Thursday that he is now working on a new turnaround program. Once it’s ready, he promised to share the details with affected families before publicly announcing which schools are part of it — an effort to avoid the student protests that erupted when Anderson identified her “turnaround” schools.

He also said he was still considering whether he would ever close schools that fail to improve or to reverse their declining enrollments. Anderson’s decision to shutter nearly a dozen long-struggling schools continues to fuel resentment among her critics even years later.

“I think the whole idea of how much time does a school get to correct itself is a very important one and I’m going to need to be really reflective on it,” León said. “I’ve seen what closing schools does with people who do not feel that they were aware of it or a part of fixing it.”