For anyone thinking what we wrote in our last posting concerning a rotating Absent Teacher Reserve being forced to go through a rapid fire 3020a hearing was based on just something I heard, here is a part of the NYSUT letter to the ATR concerning the 3020a process for ATR's
This proceeding is being scheduled pursuant to Article 17(B), Rule 11(A)(3) ("Rule l l(A)(3)") of the collective bargaining agreement between the United Federation of Teachers (UFT) and the Department regarding Education Law § 3020-a procedures for the Absent Teacher Reserve ("ATR") program.
Under Rule ll(A)(3), your § 3020-a proceeding will be extremely expedited, and the Department must prove to the Arbitrator that you have demonstrated a pattern of problematic behavior." Therefore, your hearing is likely to begin as soon as the next several weeks, and time is of the essence. For your convenience, I have enclosed a copy of Rule 11 and Article 21 of the collective bargaining agreement effective from 2009 to 2018. I specifically refer you to Rule 11 (A)(3) and Article 21G.
As stated above, this letter came from NYSUT, not the New York City Department of Education.
Let us again review UFT Contract Article 17B Rule 11A which states in part:
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.
The teacher who received the letter from NYSUT is an Absent Teacher Reserve who was rotating from school to school. It went well the only time that this teacher was in a long term leave replacement position after being excessed. This teacher was not provisionally assigned to any kind of vacancy as ATRs are supposed to be before being subjected to an expedited 3020a process.
The contract in Article 18A says specifically what a vacancy is: "Vacancies are defined as positions to which no teacher has been appointed, except where a non-appointed teacher is filling in for an appointed teacher on leave." I don't think covering for a teacher who is absent constitutes a vacancy.
It seems the DOE is sending out emails to ATRs saying their next assignment is to cover a provisional vacancy even if it is just a rotation to cover classes in another school.
Have any other ATRs received this kind of email? This looks like bad faith to me at its worst.
If the Union is going along, then there is a lawsuit waiting to happen in my humble opinion.
I really am not sure who to be angry at here.