Now that the UFT Contract has been placed on line, the section on Absent Teacher Reserves has been added to Article 17 B Rule 11 in a new Section A.
It seems the Department of Education and possibly the Union are interpreting the clause on ATR discipline to mean that an ATR in rotation can be subject to a rapid fire one day dismissal hearing based on problematic behavior even if the ATR was never assigned to a temporary provisional vacancy in their license area. Here is the language right from the contract:
If, within a school year or consecutively across school years, an ATR has been
removed from a temporary provisional assignment to a vacancy in his/her license area by
two (2) different principals because of asserted problematic behavior, a neutral arbitrator
from a panel of arbitrators jointly selected for this purpose (the panel presently consisting
of Martin F. Scheinman, Howard Edelman and Mark Grossman) shall convene a §3020-a
hearing as soon as possible.
Based on the written documentation described above and such other documentary
and/or witness evidence as the employer or the respondent may submit, the hearing
officer shall determine whether the ATR has demonstrated a pattern of problematic behavior. For purposes of this program, problematic behavior means behavior that is
inconsistent with the expectations established for professionals working in schools and a
pattern of problematic behavior means two (2) or more instances in a vacancy in the
ATR’s license area of problematic behavior within a school year or consecutively across
school years. Hearings under this provision shall not exceed one full day absent a
showing of good cause and the hearing officer shall issue a written decision within fifteen
(15) days of the hearing date.
Since when is being on rotation being "in a vacancy in the ATR's license area...?"
If the DOE and NYSUT lawyers are rewriting the rules to go after ATRs, we must do what we can to stop it. This is an outrage. ATRs who are on rotation should get a full 3020a hearing. This provision is supposed to be for someone filling a temporary provisional vacancy within their license area.