We read with great interest the recent New York Times story about Glenn Storman, a guidance counselor at P.S.212 who won a major victory in New York County Supreme Court when a judge ordered his "U"- rating reversed. While Javier Hernandez did an excellent job describing the frustration that Storman has endured we were left with more questions about the story than we had answers.
In the article Storman is quoted that the ordeal has been very costly to him. In his petition to the court to overrule his "u"-rating he asked for $100,000 in damages due to the DOE's denial of per session activities, including summer school and its affect on his pension benefits. This was denied by the court.
Additionally, where was the UFT in all of this? The reporter describes the appeals and two court actions, including a trip to the Appellate Division, in this tragedy but no where does he describe any involvement by our union.
Storman, according to his lawsuit, was not represented in court by union lawyers. It appears that he had to go to personal expense and hire his own lawyer, no doubt adding to his unreimbursed damages.
We applaud Storman in his fight but we are left wondering….what about the rest of us?
I guess the union turns the other cheek when it comes to the kangaroo DOE process when you have a "U" rating appeal. While I am happy he won, after 5 years, I did notice the court did not award him his per session pay. This would have made the court action worthwhile.
ReplyDeleteNow that the "U" is changed to an "S" is of little value when it comes to his loss of per session pay.
Didn't the judge send it back to the NYC Deparatment of Education for furhter proceddings so can't he get his money back?
ReplyDeleteChaz is right. Do you really think the DOE is going to give him his per session pay? Really now.
ReplyDeleteRead the decision! No pay was given. The remand was only for the rating.
ReplyDeleteHe should grieve for his money then. Force the UFT to take the case by embarassing them.
ReplyDeleteThe final sentence says: "Orderd and adjudged that the petition of Glenn Storman is granted to the extent that the determination of respondent the New York City Department of Educated dated June 10, 2008, determining that petitioner's unsatisfactory rating for the period ending in June 2005 to be sustained as a result of a substatiated allegation of corporal punishment is annulled, without costs, and this matter is remitted to the New york City Department of Education for further proceedings not inconsistent with this court's decision."
ReplyDeleteIf that is the ruling, then of course they had no reason to deny the per session position and he should get paid for this year when he was denied the job.
I admit reading judicial opinions can be tricky but without belaboring the point Storman asked for the Court to order the DOE to pay him $100,000 for the lost per session and its affect on his pension. When the Court orders "to the extent" that is the same as saying everything else is denied. He cannot grieve for the money since the Court already denied it.
ReplyDeleteIt is interesting how the union does not seem to be a "cheerleader" for teachers they do not represent in a legal proceedings. Many of my colleagues have stated to me that because the union did not properly take their case, or decided not to represent them, they have had to obtain their own attorney. But their silence on this victory is quite amazing. That teacher who won his case is still a union member so why not at least say hip hip hooray for him?? I wonder if I win my case if they will say hip hip hooray for me?
ReplyDeleteWhere is our Union Leadership?...Treading amongst the lint in Bloomberg's pants pocket.
ReplyDeleteHow does the DOE now justify that the person didn't get their per session when they now have a satisfactory rating? Can someone who has the great legal background please explain that to me?
ReplyDeleteStorman took the hit while defending and protecting a substitute teacher..Wow, the D.O.E.. does not like anyone defending us.. Does the union even defend us?
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