order in the court (updated)

Judge rules that city must reinstate staff at turnaround schools

Lawyers for the UFT spoke to reporters about the union's short-term court victory outside of New York State Supreme Court today.

Legal battles between the city and the United Federation of Teachers are typically long, drawn-out affairs. Not today.

In just 40 minutes this afternoon, Judge Joan Lobis of the New York State Supreme Court made up her mind about the city’s request to suspend an arbitrator’s ruling in the UFT’s favor while she considers the city’s formal appeal. There will be no restraining order, Lobis ruled.

That means that hiring and firing decisions that have been made at 24 struggling schools that the city was trying to overhaul will be reversed. The Department of Education will have to reinstate hundreds — and possibly thousands — of teachers and administrators cut loose from the schools as part of the “turnaround” process.

“They no longer have an excuse for not complying with the arbitrator’s award,” Ross said about the city.

Asked by reporters about the education department’s immediate plans for allowing the teachers to reclaim their positions, Deputy Chancellor Marc Sternberg said, “Talk to the law department.”

The city’s top lawyer, Michael Cardozo, said in a statement that he was confident that Lobis would side with the city as the case moves forward.

The hearing was a first step in the city’s appeal of a ruling handed down two weeks ago by an arbitrator who found that the city’s hiring and firing decisions — a key aspect of the Department of Education’s turnaround plans — violated the city’s contract with the teachers union.

The city is arguing that the arbitrator overstepped his bounds and wants the entire decision overturned. But today’s court appearance dealt only with the question of whether the city could avoid reversing the hiring decisions before Lobis considers the broader appeal later this month. Her ruling means that it cannot.

To win an injunction, plaintiffs have to prove two things: that they would suffer “irreparable harm” while their case is pending and that they have a strong likelihood of ultimately winning their case.

Lobis said today that she didn’t find the department convincing on either point.

A city lawyer said holding up the turnaround process for any amount of time would “thwart” efforts to improve the schools. “This would undo everything the DOE has done thus far to improve these schools,” said the lawyer, Maxwell Leighton.

But Lobis questioned what harm would really befall the department if it must roll back its efforts for the few weeks before she considers the merits of its request to overturn the arbitrator’s ruling. If the city ultimately wins its case, she said, it could just tell teachers that their reinstatements had been reversed again.

“Maybe you’d have to rescind some letters. How is that irreparable harm?” Lobis asked.

That seems to be a unlikely possibility. The main plank of the city’s appeal is that the arbitrator, Scott Buchheit, did not actually have jurisdiction over the hiring processes.

Lobis pointed out that the department had agreed to let Buchheit rule on whether the staffing issue should be subject to arbitration at all, and he said that it was.

“Just because he said it doesn’t mean it’s true,” Maxwell told the judge.

City and union lawyers went before Lobis in late May after the unions sued to stop staffing processes underway at the 24 schools, and at her urging they agreed to have an independent arbitrator hear and rule on the case.

That decision alone makes the city very unlikely to win an appeal, according to a city attorney who specializes in labor relations.

“The courts place great deference on a decision made by an arbitrator, so the arbitrator can make decisions without fear of being overruled,” said Steven Landis. “If an agreement has been made to arbitrate, the court says, ‘Arbitrate it, don’t come to me.'”

What will happen tomorrow at the schools is not yet clear. But after the hearing concluded, a top union lawyer, Adam Ross, said union officials would “immediately” initiate conversations with the city about reinstating teachers and administrators who were told they could not return to their schools.

City officials did not immediately say whether they planned to engage in those conversations.

“Our goal is to turn around these failing schools and help our students succeed. We appreciate the judge setting an expedited schedule to hear our challenge to the arbitrator’s decision so that we can meet that goal,” Cardozo said in his statement. “The judge also made it clear that she wants to consider the case fully. We believe that, after she reviews our papers, she’ll conclude that the arbitrator was wrong.”

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.”