albany report

NY State Senate passes bill to end seniority teacher layoffs

A bill that would end the “last in, first out” layoff policy for New York City teachers passed in the State Senate today, but faces an uphill battle in the Assembly.

Introduced late last week by State Senator John Flanagan, a Long Island Republican, the bill rules out seniority as the sole factor in determining who gets laid off. Instead, 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.

The bill passed the Senate 33-27, with support from Republicans and two Democratic Senators — Jeff Klein and David Valesky.

Following the vote, Governor Andrew Cuomo put out a statement saying he plans to introduce a bill that would “expedite and expand ongoing plans to implement a statewide, objective teacher evaluation system.”

Rather than replacing “last in, first out” with other measures, which Flanagan’s bill does, Cuomo’s bill would put New York’s new teacher evaluation system in place sooner than was previously planned. The original law had it covering math and English teachers who teach grades 4-8 next year and expanding to all teachers and all subjects by 2012-13. Under Cuomo’s bill, the evaluation would cover all teachers beginning next year.

But that can only happen if school districts successfully negotiate with the teachers union. In New York City, the Department of Education and United Federation of Teachers have yet to reach an agreement on what the local assessments, which form a substantial part of the evaluation, will be.

In his release, Cuomo says that the new evaluation system will replace last in, first out, though he doesn’t explain how.

A Department of Education official called Cuomo’s bill a “sham,” and accused the governor of making a deal with the teachers union to not support ending LIFO in exchange for the union not protesting his budget cuts.

“This is not a layoff bill — it’s a way to get around LIFO without changing the law,” the official said.

Assembly Speaker Shelly Silver did not take a position on the bill that passed today, but said today that he does support ending seniority based layoffs. Echoing Cuomo’s language, he said he was looking for an “objective evaluation system,” to replace last in, first out.

Mayor Bloomberg’s statement:

“Today, the New York State Senate passed a landmark proposal that puts the needs of our children first. Putting great teachers in front of every classroom – regardless of how long they have been on the job – is the most important thing a school system can do to help its students. Enormous credit is due to Senate Education Committee Chair John Flanagan, who has established himself as a statewide leader on education reform, to Senate Majority Leader Dean Skelos, and to the Republican Conference – particularly New York City’s champions, Marty Golden and Andrew Lanza – for taking a stand on behalf of our 1.1 million schoolchildren. I also want to thank Senators Jeff Klein and David Valeskyof the Independent Democratic Conference for putting the needs of public school children ahead of special interest politics. Now, we urge the Governor to include this critically important reform in his budget proposal on Thursday and for the Assembly to support it.”


Aurora’s superintendent will get a contract extension

Aurora Public Schools Superintendent Rico Munn. (Photo by Andy Cross/The Denver Post)

The Aurora school board is offering superintendent Rico Munn a contract extension.

Marques Ivey, the school board president, made the announcement during Tuesday’s regular board meeting.

“The board of education believes we are headed in the right direction,” Ivey said. Munn can keep the district going in the right direction, he added.

The contract extension has not been approved yet. Munn said Tuesday night that it had been sent to his lawyer, but he had not had time to review it.

Munn took the leadership position in Aurora Public Schools in 2013. His current contract is set to expire at the end of June.

Munn indicated he intends to sign the new contract after he has time to review it. If he does so, district leaders expect the contract to be on the agenda of the board’s next meeting, April 3, for a first review, and then for a vote at the following meeting.

Details about the new offer, including the length of the extension or any salary increases, have not been made public.

Four of the seven members currently on the board were elected in November as part of a union-supported slate. Many voiced disapproval of some of the superintendent’s reform strategies such as his invitation to charter school network DSST to open in Aurora.

In their first major vote as a new board, the board also voted against the superintendent’s recommendation for the turnaround of an elementary school, signaling a disagreement with the district’s turnaround strategies.

But while several Aurora schools remain low performing, last year the district earned a high enough rating from the state to avoid a path toward state action.

after douglas

Betsy DeVos avoids questions on discrimination as school safety debates reach Congress

Education Secretary Betsy DeVos prepares to testify at a House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee hearing in Rayburn Building on the department's FY2019 budget on March 20, 2018. (Photo By Tom Williams/CQ Roll Call)

U.S. Education Secretary Betsy DeVos fielded some hostile questions on school safety and racial discrimination as she defended the Trump administration’s budget proposal in a House committee hearing on Tuesday.

The tone for the hearing was set early by ranking Democrat Rep. Rosa DeLauro, who called aspects DeVos’s prepared remarks “misleading and cynical” before the secretary had spoken. Even the Republican subcommittee chair, Rep. Tom Cole, expressed some skepticism, saying he was “concerned about the administration continuing to request cuts that Congress has rejected.”

During nearly two hours of questioning, DeVos stuck to familiar talking points and largely side-stepped the tougher queries from Democrats, even as many interrupted her.

For instance, when Rep. Barbara Lee, a Democrat from Texas, complained about proposed spending cuts and asked, “Isn’t it your job to ensure that schools aren’t executing harsher punishments for the same behavior because [students] are black or brown?” DeVos responded by saying that students of color would benefit from expanded school choice programs.

Lee responded: “You still haven’t talked about the issue in public schools as it relates to black and brown students and the high disparity rates as it relates to suspensions and expulsions. Is race a factor? Do you believe that or not?” (Recent research in Louisiana found that black students receive longer suspensions than white students involved in the same fights, though the difference was very small.)

Again, DeVos did not reply directly.

“There is no place for discrimination and there is no tolerance for discrimination, and we will continue to uphold that,” she said. “I’m very proud of the record of the Office of Civil Rights in continuing to address issues that arise to that level.”

Lee responded that the administration has proposed cuts to that office; DeVos said the reduction was modest — less than 1 percent — and that “they are able to do more with less.”

The specific policy decision that DeVos faces is the future of a directive issued in 2014 by the Obama administration designed to push school districts to reduce racial disparities in suspensions and expulsions. Conservatives and some teachers have pushed DeVos to rescind this guidance, while civil rights groups have said it is crucial for ensuring black and Hispanic students are not discriminated against.

That was a focus of another hearing in the House on Tuesday precipitated by the shooting last month at Marjory Stoneman Douglas High School in Parkland, Florida.

Rep. Jim Sensenbrenner, a Wisconsin Republican, falsely claimed in his opening statement that Broward County Public Schools rewrote its discipline policy based on the federal guidance — an idea that has percolated through conservative media for weeks and been promoted by other lawmakers, including Florida Sen. Marco Rubio and Utah Sen. Mike Lee. In fact, the Broward County rules were put into place in 2013, before the Obama administration guidance was issued.

The Manhattan Institute’s Max Eden, a leading critic of Obama administration’s guidance, acknowledged in his own testimony that the Broward policy predated these rules. But he suggested that policies like Broward’s and the Obama administration’s guidance have made schools less safe.

“Faced with pressure to get the numbers down, the easiest path is to simply not address, or to not record, troubling, even violent, behavior,” he said.

Kristen Harper, a director with research group Child Trends and a former Obama administration official, disagreed. “To put it simply, neither the purpose nor the letter of the federal school discipline guidance restrict the authority of school personnel to remove a child who is threatening student safety,” she said.

There is little, if any, specific evidence linking Broward County’s policies to how Stoneman Douglas shooter Nicholas Cruz was dealt with. There’s also limited evidence about whether reducing suspensions makes schools less safe.

Eden pointed to a study in Philadelphia showing that the city’s ban on suspensions coincided with a drop in test scores and attendance in some schools. But those results are difficult to interpret because the prohibition was not fully implemented in many schools. He also cited surveys of teachers expressing concerns about safety in the classroom including in Oklahoma CityFresno, California; and Buffalo, New York.

On the other hand, a recent study found that after Chicago modestly reduced suspensions for the most severe behaviors, student test scores and attendance jumped without any decline in how safe students felt.

DeVos is now set to consider the repeal of those policies on the Trump administration’s school safety committee, which she will chair.

On Tuesday, DeVos said the committee’s first meeting would take place “within the next few weeks.” Its members will be four Cabinet secretaries: DeVos herself, Attorney General Jeff Sessions, Secretary of Health and Human Services Alex Azar, and Secretary of Homeland Security Kirstjen Nielsen.