tag:blogger.com,1999:blog-15921757.post7792991380835237214..comments2024-03-07T15:25:26.971-05:00Comments on ICEUFT Blog: DIGGING DEEP IN THE NEW EDUCATION LAW REVEALS THE TOTALITY OF OUR DEFEAT ON "FAILING" SCHOOLSJeff Kaufmanhttp://www.blogger.com/profile/11728874415155394751noreply@blogger.comBlogger24125tag:blogger.com,1999:blog-15921757.post-12390891186581655072015-05-13T23:39:00.225-04:002015-05-13T23:39:00.225-04:00Every human walks around with a certain kind of sa...Every human walks around with a certain kind of sadness. They may not wear it on their sleeves, but it's there if you look <a href="http://www.ufgop.org/pdf/deep" rel="nofollow">deep</a>. See the link below for more info. <br /><br />#deep<br />www.ufgop.orgAnonymoushttps://www.blogger.com/profile/07720547920308398294noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-43260018401588547532015-04-06T00:04:06.571-04:002015-04-06T00:04:06.571-04:00It's over for teachers in NYC schools that go ...It's over for teachers in NYC schools that go into receivership, period. That is one of the main objectives for all this. For the UFT not to explain this and claim its a UFT victory is simply mind boggling.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-63620038764755784042015-04-05T23:33:35.012-04:002015-04-05T23:33:35.012-04:00After reading through this lawyer's dream come...After reading through this lawyer's dream come true, I am firmly convinced it will be the court who will eventually figure this out.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-62984900124269391902015-04-05T13:29:51.975-04:002015-04-05T13:29:51.975-04:00OK legal scholars. Read through this and help me ...OK legal scholars. Read through this and help me out.James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-182052416848484472015-04-05T13:29:31.447-04:002015-04-05T13:29:31.447-04:00And finally here is Section 3013.
This one migh...And finally here is Section 3013. <br /><br />This one might help but my issue is how teachers are hired these days. We don't get a hired any longer off of a civil service list in reality although that is what is supposed to happen in the law. The no bumping part is really scary.<br /><br /><br />1. If a trustee, board of trustees, board of education or board of cooperative educational services abolishes an office or position and creates another office or position for the performance of duties similar to those performed in the office or position abolished, the person filling such office or position at the time of its abolishment shall be appointed to the office or position thus created without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he or she has filled. 2. Whenever a trustee, board of trustee, board of education or board of cooperative educational services abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued. 3. (a) If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he or she has filled. The persons on such preferred list shall be reinstated or appointed to such vacancies in such corresponding or similar positions in the order of their length of service in the system at any time within seven years from the date of abolition or consolidation of such office or position. (b) The persons on such preferred list shall be reinstated, in accordance with the terms of paragraph (a) of this subdivision, to such substitute positions of five months or more in duration, as may from time to time occur without losing their preferred status on such list. Declination of such reinstatement shall not adversely affect the persons' preferred eligibility status. - James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-29840538218175044012015-04-05T13:20:23.904-04:002015-04-05T13:20:23.904-04:00Here is 2508. Only transfers, which this is not o...Here is 2508. Only transfers, which this is not one, would be applicable to the transfer provision here.<br /><br />The superintendent of schools of a city school district shall possess, subject to the bylaws of the board of education, the following powers and be charged with the following duties: 1. To be the chief executive officer of the school district and the educational system, and to have a seat on the board of education and the right to speak on all matters before the board, but not to vote. 2. To enforce all provisions of law and all rules and regulations relating to the management of the schools and other educational, social and recreational activities under the direction of the board of education. 3. To prepare the content of each course of study authorized by the board of education. The content of each such course shall be submitted to the board of education for its approval and, when thus approved, the superintendent shall cause such courses of study to be used in the grades, classes and schools for which they are authorized. 4. To recommend suitable lists of textbooks to be used in the schools. 5. To have supervision and direction of associate, assistant and other superintendents, directors, supervisors, principals, teachers, lecturers, medical inspectors, nurses, claims auditors, attendance officers, janitors and other persons employed in the management of the schools or the other educational activities of the district authorized by this chapter and under the direction and management of the board of education; to transfer teachers from one school to another, or from one grade of the course of study to another grade in such course, and to report immediately such transfers to such board for its consideration and action; to report to such board violations of regulations and cases of insubordination, and to suspend an associate, assistant or other superintendent, director, supervisor, expert, principal, teacher or other employee until the next regular meeting of such board, when all facts relating to the case shall be submitted to such board for its consideration and action. 6. To have supervision and direction over the enforcement and observance of the courses of study, the examination and promotion of pupils, and over all other matters pertaining to playgrounds, medical inspection, recreation and social center work, libraries, lectures, and all other educational activities under the management, direction and control of the board of education. 7. Notwithstanding any inconsistent provision of law, the provisions of subdivision five of this section relating to the transfer of teachers may be modified by an agreement that is collectively negotiated pursuant to the provisions of article fourteen of the civil service law. -James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-91812960558516039262015-04-05T13:14:59.431-04:002015-04-05T13:14:59.431-04:00Here is 2585 Please read 4 closely. The jobs are ...Here is 2585 Please read 4 closely. The jobs are being abolished as I see it.<br /><br />1. Except as otherwise provided herein the boards, bureaus, teachers, principals, supervisors, superintendents, heads of departments, assistants to principals, examiners, supervisors of lectures, directors and all other officers and employees of the school systems or of boards of education of the several cities of the state, lawfully appointed or assigned before June eighth, nineteen hundred seventeen, shall continue to hold their respective positions for the term for which they were appointed or until removed as provided in subdivision five of section twenty-five hundred twenty-three of this article. 2. If a board of education abolishes an office or position and creates another office or position for the performance of duties similar to those performed in the office or position abolished, the person filling such office or position at the time of its abolishment shall be appointed to the office or position thus created without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled. 3. Whenever a board of education abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued. 4. If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled. The persons on such preferred list shall be reinstated or appointed to such corresponding or similar positions in the order of their length of service in the system. - James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-71308892078499230092015-04-05T13:10:15.938-04:002015-04-05T13:10:15.938-04:00Section 2510 doesn't really clarify but it wou...Section 2510 doesn't really clarify but it would seem to me that the original post might just be correct. You will be eligible for another vacancy. Since placement in NYC is now up to a principal, good luck. Once again, I hope I am totally wrong and DOENUTS is 100 % right.<br /><br />3. (a) If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled. The persons on such preferred list shall be reinstated or appointed to such vacancies in such corresponding or similar positions in the order of their length of service in the system at any time within seven years from the date of abolition or consolidation of such office or position. - James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-9259923473146991252015-04-05T13:01:16.749-04:002015-04-05T13:01:16.749-04:00The no bumping is the frightening part. Preferred ...The no bumping is the frightening part. Preferred list is in the contract on layoffs too. Bumping was used in previous layoffs. I hope NYC DOE NUTS is right about ATRs being created and not layoffs. James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-69516048284575834682015-04-04T22:29:25.507-04:002015-04-04T22:29:25.507-04:00In NYC, teachers would end up in the ATR, not laid...In NYC, teachers would end up in the ATR, not laid off. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-72945735888217323652015-04-04T19:46:24.180-04:002015-04-04T19:46:24.180-04:00The prefered eligibility list provision souds more...The prefered eligibility list provision souds more to me like an ATR pool for every district in the state (I would think to have seen language similar to 'notwithstanding the CBA' otherwise), <br />The pattern seems to be clear: loading districts up with tons and tons of unfunded mandates. NYCDOEnutshttps://www.blogger.com/profile/10692665524124012171noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-87335480931832398952015-04-04T16:51:20.048-04:002015-04-04T16:51:20.048-04:00" but shall be placed on a preferred eligibil..." but shall be placed on a preferred eligibility list in accordance with the applicable provisions of section twenty-five hundred ten, twenty-five hundred eighty-five, twenty-five hundred eight or three thousand thirteen of this chapter."<br /><br />It seems as if this is a very important piece of the law....Does anybody know what..."section twenty-five hundred ten, twenty-five hundred eighty-five, twenty-five hundred eight or three thousand thirteen of this chapter.".. acatually says?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-22831891011729265312015-04-04T10:09:18.209-04:002015-04-04T10:09:18.209-04:00Never thought it was the NY water that made us wea...Never thought it was the NY water that made us weak. Just to clarify, my understanding is that if a school closes in Chicago, teachers get five months to find a new job or they are laid off. The new NY law looks a lot like windy city on the Hudson. Sadly, nobody yet has refuted my reading of it.<br />This looks like a very dangerous precedent to circumvent civil service rules. Seniority means nothing if a receiver does not deem someone qualified.James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-33531585506691783832015-04-04T09:56:24.319-04:002015-04-04T09:56:24.319-04:00Look at the word QUALIFIED. That is how they get a...Look at the word QUALIFIED. That is how they get around the 18 D provision. They can easily deem people not qualified. James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-9499165612841579572015-04-04T08:42:49.236-04:002015-04-04T08:42:49.236-04:00Education Chicago Style comes to NY - where there ...Education Chicago Style comes to NY - where there are few job protections as the old Unity style leadership - the UPC crumbled under the assault, allowing CORE to seize power, something unfortunately I don't expect to see happen here as Unity will cling to power while selling out every protection. For some reason the kind of militancy from the rank and file that exists in Chicago doesn't seem to be operating here - maybe it's the water.ed notes onlinehttps://www.blogger.com/profile/15018047869059226777noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-30522050673458895832015-04-04T08:39:30.414-04:002015-04-04T08:39:30.414-04:0010:28
Just look at the uppercase words. That...10:28<br />Just look at the uppercase words. That is what a neutral arbitrator will look at. The "BUT MUST FILL" will require the receiver to hire "the 50%". Now, if they don't, will the "Useless Federation of Teachers" file a grievance? I hope so... They did in 2012 with Bloomberg's Turnaround proposal and actually won.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-47488906681800561302015-04-04T08:33:33.821-04:002015-04-04T08:33:33.821-04:00I remember a similar provision being touted when B...I remember a similar provision being touted when Bloomberg closed my school. The 4 schools that replaced it hired ZERO teachers out of the 114 teachers that are now ATRs. This scenario is even worse; teachers wil now lose not only their teaching position, but their livelihood as well. What's incredible is that most teachers are completely oblivious and think the UFT won the fight (in light of Mulhrew's announcement).Bronx ATRhttps://www.blogger.com/profile/08787717237141454628noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-4140882343567565732015-04-04T07:01:11.966-04:002015-04-04T07:01:11.966-04:00At this point, why are you worried about the Taylo...At this point, why are you worried about the Taylor law?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-66522479634930009802015-04-03T22:28:02.589-04:002015-04-03T22:28:02.589-04:00They were using a thesaurus and didn't want to...They were using a thesaurus and didn't want to use the word shall twice in the same sentence. Are you telling me the dictionary is wrong? <br /><br />Perhaps you think our friend Carmen will save us.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-59658923953868574142015-04-03T22:20:45.369-04:002015-04-03T22:20:45.369-04:00"The receiver shall have full discretion rega..."The receiver shall have full discretion regarding hiring decisions BUT MUST FILL AT LEAST FIFTY PERCENT of the newly defined positions WITH the most senior FORMER SCHOOL STAFF who are determined by the staffing committee to be qualified." <br /><br />They're NOT synonyms in that sentence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-24739138986471983362015-04-03T21:28:20.040-04:002015-04-03T21:28:20.040-04:00From Dictionary.com on the meaning of shall as a l...From Dictionary.com on the meaning of shall as a legal term.<br /><br />(in laws, directives, etc.) must; is or are obliged to: <br />The meetings of the council shall be public.<br /><br />Shall and must are synonyms.<br /><br />I am not reassured 5:56 pm.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-62028657060506435102015-04-03T18:48:34.150-04:002015-04-03T18:48:34.150-04:00In Diane Ravitch's blog she states about Cuomo...In Diane Ravitch's blog she states about Cuomo, "If he acted like an angry bully, the Legislature acted like fools."<br /><br />Some of the legislators didn't understand the bill or did not read it in its entirety. Carol Burris wrote a piece on Diane's blog where she "shows how thoughtless and mean-spirited this legislation is."<br /><br />Arroyo will pay for her comments and Fahy does not know what she's talking about especially she voted yes.<br /><br />http://dianeravitch.net/2015/04/03/carol-burris-what-cuomo-and-the-legislature-did-to-teachers/<br /><br />What action can we all take that will send a strong, powerful message without violating the Taylor Law? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15921757.post-73754860340549015362015-04-03T18:24:11.316-04:002015-04-03T18:24:11.316-04:00It still says qualified teachers in the hiring. Fi...It still says qualified teachers in the hiring. Finding someone not qualified is easy. This is NYC, not Lawrence, Mass. I wish I could share your optimism.James Eternohttps://www.blogger.com/profile/13578647381229034792noreply@blogger.comtag:blogger.com,1999:blog-15921757.post-67809675168840394052015-04-03T17:56:04.803-04:002015-04-03T17:56:04.803-04:00The language is a little bit different than...The language is a little bit different than 18D. 18D says the hiring committee "shall" hire at least 50% of the former.... This language is the receiver MUST hire 50% of the former.... I have a feeling that most of the teachers would be rehired. Cuomo wanted to use the Lawrence Mass. model. If you read the account of Lawrence Mass. in CapitalNewYork...The receiver said he rehired 90% of the former teachers in that district. Which makes sense...this isn't the 18D for the small schools during the Bloomberg phase-outs. These receivers are required to KEEP the current students. Bloomberg's small school were always allowed to be somewhat selective with their student enrollment. It would be insane to try and bring large numbers of new staff into these schools with the hugely disproportionate number of high needs students. We're at the end of the line James. They can't shuffle the high needs kids off anymore, the way Bloomberg did without forcing "high performing schools" to enroll them. Those schools are pretty well connected politically, so you know that isn't going to happen.Anonymousnoreply@blogger.com