It is basically a convoluted, muddled mess of incoherent bureaucratic nonsense that most teachers, including me, will take a long time to figure out.
Upon first reading, it is abundantly clear that the the DOE clearly won the so called "arbitration". Take for example the new arbitration days that have been added to address complaints that the DOE is not complying with the procedural requirements of the new teacher evaluation system. The UFT is calling this a due process gain. I would disagree on that point and here's why.
The UFT gained 15 days for arbitrators to hear ten cases per day. That means out of 75,000 teachers, 150 will be able to grieve to an arbitrator that procedures in the new system aren't being followed. Does that make any of you feel your due process rights have been expanded?
We'll have more to say when we study this in greater detail. For now, people are asking if anything can be done.
Jeff Kaufman sent me the law and there is an appeal process if the UFT would choose to use it. Here is the section of the law:
THE PARTIES MAY MAKE AN APPLICATION TO THE NEW YORK STATE SUPREME COURT TO VACATE OR MODIFY THE DETERMINATION OF THE COMMISSIONER PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO THE GROUNDS SET FORTH IN SUCH SECTION.
The UFT would have to argue that King exceeded his constitutional authority, which would be a tough standard to meet but otherwise expect a new universe when we return in the fall.
Reality Based Educator said it best in a comment on the piece that was posted this morning:
"The UFT can try and spin, but once the system is up next year and work- loads increase 100-fold and everyone is on edge about getting VAMMED or SLO'Ed or Danileson'ed, the spin won't matter."