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.

'It's a new day'

In Newark, will homegrown change replace outsider-led reform?

PHOTO: Courtesy of Uncommon Schools
Incoming Superintendent Roger Leon at an Uncommon Schools/North Star Academy-Newark Public Schools joint training for principals.

Just a few years back, Newark stood at the epicenter of an explosive nationwide campaign where traveling “change agents” tried to reshape urban school districts. Today, it could become the face of a different, homegrown model of change, led by a lifelong Newark resident named Roger Leon.

Leon was chosen this week to become the next superintendent of the Newark school system, which serves 36,000 students and has a roughly $1 billion budget. But long before that, he was a principal trying to revitalize long-floundering schools. Back then, he would gather together his staff members and deliver a simple but stirring message.

“‘All of the problems that exist here in this building — there’s a solution,’” he would say, recalled Havier Nazario, who was a teacher at Dr. William H. Horton School and later University High School when Leon was principal. “‘It’s right here in this room.’”

That message stood in sharp contrast to the one that Nazario felt was conveyed amid the upheaval under state-appointed superintendents Cami Anderson and Christopher Cerf, who stepped down in February when the state returned control of the district to Newark’s elected school board.

“There was this perception that we were backward — that everyone in Newark from teacher to principal was incompetent,” said Nazario, now the principal of South Street School in the Ironbound section. “That we needed an army from all over the place to come in and fix us.”

When the board voted unanimously in favor of Leon Tuesday night, positioning the longtime educator and administrator to become Newark’s first locally selected superintendent in over 20 years, it sent a clear signal: No more outside armies. We want someone who believes the solutions are in the room.

Not long ago, Newark came to epitomize the so-called “education reform” movement, which promised to transform districts by closing troubled schools, opening charter schools, and rewriting the rules around teacher pay and tenure — actions that have been linked to the district’s recent academic gains. Yet the city has also morphed into an emblem of the movement’s pitfalls: outraged parents, top-down policymaking, and disruptive outsiders, like Anderson, who were eventually run out of town.

Now, the question for Newark’s incoming schools chief is whether he can establish a new model — one that maintains the upward trajectory of test scores and graduation rates while avoiding the excesses and backlash of the reform era. And, crucially, a model that rejects the corruption and complacency that the state cited when it seized control of the district in 1995.

Just as the recent reformers hoped to turn Newark into a “proof point” for their theory of change and a template for other districts to adopt, Leon has suggested that he will make Newark into a model of homegrown, educator-driven and community-embraced change — though what exactly that will look like remains unclear.

“I want us, together, to help Newark serve as a lighthouse,” said Leon, a 25-year veteran of the Newark school system, at a public forum last week. “A beacon of light and hope for our urban districts.”

Newark’s recent wave of reform began in 2010 when Facebook founder Mark Zuckerberg famously appeared on the “Oprah Winfrey Show” to announce a $100 million investment in the city’s schools. The money helped bankroll a series of sweeping changes that included performance-based teacher pay, a single enrollment system for district and charter schools, and the shuttering of nearly a dozen district schools.

The policies sparked a battle that pitted the self-styled reformers against teachers, their union, and parents. Anderson, who had been recruited from New York, resigned in 2015. She was replaced by Cerf, the former state education commissioner who had helped craft Newark’s reform blueprint. When he took over, he made it his mission to create buy-in for the changes among community members and elected officials in an effort to prevent their dismantling when the district returned to local control.

“The continuation and preservation of the work,” Cerf told reporters in January, “depended a great deal on there being a collective sense of engagement and ownership.”

As further insurance, Cerf made A. Robert Gregory, a respected Newark principal who shared parts of his vision, his second-in-command, which helped position him to become interim schools chief when Cerf stepped down. Gregory was then selected as one of four superintendent finalists, along with Leon and two outside candidates.

While the board had indicated that it preferred a local candidate, it was unclear until the last minute which Newarker would come out on top. After the board interviewed the four men privately on Saturday, Gregory got the most votes in an informal poll, Chalkbeat has reported. But by the board’s closed-door meeting on Tuesday, enough members had changed their votes to give Leon an edge.

Once it was clear that Leon had a majority, the board members agreed to unanimously back him in their public vote. While they may have disagreed on their preferred candidate, they wanted to present a united front in favor of a locally chosen leader — and against state-imposed reformers.

“To unify the board at this time, it’s the right thing to do,” said board member Tave Padilla. “It’s a new day.”

Now that Leon has been tapped to take over as superintendent on July 1, speculation has started about the direction of his leadership. A district spokeswoman said he was not available for an interview for this story.

Critics of the reform movement have celebrated Leon’s selection as clear evidence that the board intends a clean break from the past. They note that, unlike the recent state-appointed superintendents and some of their top deputies and consultants, Leon is a Newark native who attended and taught in the city’s traditional public schools. He coached Science Park High School’s famed debate team, and has established close ties with parents and community leaders across the city — support that was on display when the audience erupted into cheers after Tuesday’s vote.

They also point to Leon’s reportedly fraught relationship with Cerf as an indication that he did not endorse the entire reform agenda, even though he served in both Anderson and Cerf’s administrations. In a Facebook post this week, Newark Teachers Union President John Abeigon called Leon’s selection “a unanimous blow to the corporate charter and reform-for-personal profit war machine.”

Cerf, in an email, said he has “always respected Roger” and will support him and the board’s decision.

“NPS has seen record achievement gains over the last several years,” he said, “and I know Roger is committed to building on those foundations to achieve greater and greater success for Newark’s students.”

If some supporters portray Leon as anti-reform, his record is actually more complex.

As principal of the Horton School in the late 1990s, he hired about 20 teachers who had completed alternative-certification programs, according to an Education Week article from 2000. Teachers unions sometimes attack such programs, which include reform-friendly programs such as Teach For America, as a back door that allows unqualified educators into the classroom.

As an assistant superintendent for the past decade, Leon served under four state-appointed superintendents. Under Anderson, when he was responsible for overseeing several elementary schools, he developed a reputation as a demanding manager who made unannounced school visits and scrutinized school documents to see if they were in compliance with district rules, according to a former district employee. Several of the principals he oversaw left the system, the employee added.

Whatever policy preferences Leon may have as superintendent, he is likely to find — like other leaders who took over districts after they underwent massive overhauls, such as nearby New York City — that it’s impossible to simply turn back the clock.

Over the past decade, the share of Newark students who attend charter schools has tripled, to 33 percent. While Leon is not likely to spur on the sector’s growth, he also cannot halt it. Instead, he will have to manage its impact on the district’s budget and perhaps find ways for the sectors to collaborate. (Leon got an early start on that this week when he spoke at a principal training jointly hosted by the district and the Uncommon Schools charter network.)

Charter critics and some school board members have pushed to scrap the universal enrollment system, which allows families to apply to both charter and district schools. But many families have come to like the system, according to surveys. And it would be hard to revive the previous system, where families were assigned to their nearest district school, since some neighborhood schools were shuttered.

Mary Bennett, a former Newark principal who called Leon “extremely intelligent,” said she did not expect him to immediately unwind every policy instituted under state control.

“I’m sure that he is astute enough to distinguish between those things that have been put in place that are working but need to be improved and bolstered,” she said, “and those things that should be changed and replaced.”

Leon will soon shoulder the burden of leading a district that has made recent gains, but still struggles with deep-rooted problems including widespread student poverty, absenteeism, and a shortage of qualified teachers. All the while, he must try to prove — to state officials, but also to observers across the country — that a return to local control does not necessarily mean a pause in progress.

But for now, he seems to be basking in the moment. On Wednesday morning, the day after he was chosen to lead the system where he was educated and spent his entire career, he stopped by his childhood elementary school. Then he made his way to South Street School led by Principal Nazario, who he had years ago coached on a debate team, taught in class, and later managed as a teacher.

At South Street, Leon was named honorary “Teacher of the Month,” then presented with a school notebook and water bottle and given a round of applause, Nazario said.

“He looked at me like, ‘Wow, I’m living the dream,’” he said.

Superintendent search

Newark board was leaning toward different superintendent candidate before unanimous vote for Roger Leon, source says

PHOTO: Patrick Wall
Newark Public Schools Interim Superintendent A. Robert Gregory

When the Newark school board decided on a new superintendent Tuesday, its members offered a public display of unity. One by one, all nine voted in favor of Roger Leon, a longtime veteran of the school system, drawing cheers from the audience.

But earlier, behind the scenes, the board had been divided.

On Saturday, after conducting lengthy interviews with all four superintendent finalists, the board held an informal poll to see where the members stood, according to a person with direct knowledge of the meeting. At that point, A. Robert Gregory, the district’s interim superintendent, had more support than Leon, the person said. The other two finalists were from out of state and did not appear to gain traction with the board.

On Tuesday, the board took another unofficial poll during a closed-door session, according to the same person, who spoke to Chalkbeat on the condition that they not be identified. By then, multiple members had switched their endorsements from Gregory to Leon, who now had the most support. At that point, the full board agreed to back Leon in the official vote.

Board chair Josephine Garcia did not respond to an email about the board members’ shifting support or the decision to display a united front to the public on Tuesday. But shortly after the 9-0 vote for Leon, a reporter said to Garcia that she must have “badly wanted” a unanimous vote on its first major decision since February, when the board regained control of the district after a decades-long state takeover.

“Yes, absolutely — and we got it,” she said. “We’re showing unification.”

It’s unclear what prompted some board members to change their minds. But some superintendent search firms advise boards to agree to unanimously vote for the candidate favored by the majority of members so that the new superintendent is seen as having the full board’s support. And while school boards in some districts conduct public interviews with superintendent candidates, it’s not uncommon for boards to keep the details of their searches and deliberations private.

What’s certain is that the major decisions in Newark’s search happened before Tuesday’s public vote and behind closed doors.

Well before the vote, a superintendent search committee was tasked with choosing three finalists to present to the board. However, after the three were chosen, at least one committee member was unhappy that a particular candidate had been left off the shortlist, Chalkbeat has reported.

At that point, the former board chair, and later Garcia, asked the state education commissioner to amend the rules so that the committee could name a fourth finalist. Two of the committee members objected to the request, and insisted that the group should stick with the chosen finalists. But the commissioner agreed to amend the guidelines, and a fourth person was added.

The committee has not publicly disclosed which finalist did not make the first cut.

All four finalists introduced themselves to the public at a forum last week, where the audience could listen but not ask questions. And they each met with the full board on Saturday during lengthy closed-door interviews that stretched from the morning well into the evening.

Some people have complained about the search process, saying it lacked transparency and meaningful public input.

During the public comment portion of Tuesday’s board meeting, before the vote, the president of the Newark NAACP referenced a pledge by board chair Garcia earlier in the meeting to promote transparency.

“The goal of transparency by the board, as stated by chairperson Garcia, has to be upheld,” said Deborah Smith-Gregory. “If it’s not upheld, then you get this frustration building.”