Thursday, June 23, 2016


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.


Anonymous said...

Mulgrew put this crap in the last contract so ATRs could be quickly terminated and it was ratified. The city is hiding the demographics of the ATR pool. It also changes the definition of an ATR to its benefit. If an an is provisionally placed they don't count the ATR as an ATR, unless there is an opportunity to terminate them - in which case the ATR is then considered an ATR. Any union in the country, except Mulgrew and the UFT, would be fighting this tooth and nail. Mulgrew doesn't want to rock the boat of his cozy relationship with DeBlasio and Farina. Bloomberg wouldn't have gotten away with this.

Anonymous said...

City schools Chancellor Carmen Fariña vowed to attack racial segregation in city classrooms in the coming school year during an exclusive interview with the Daily News Thursday.

The News reported on May 30 that the city would encourage principals to set enrollment targets for student subgroups in a new citywide classroom diversity program designed to ease tensions in one of the most segregated school districts in the country.

Now, in an end-of-year interview given at city Education Department headquarters, Fariña made a striking new promise to ratchet things up in the new school year that starts in September.

“We have to put the topic of race on the table and discuss it honestly in our communities,” Fariña said. “What do we do, to make sure that New York City schools represent what the city looks like?”

Report rips de Blasio for overhyping the success of city schools
Fariña said the city would look to shutter more troubled schools.
Fariña said the city would look to shutter more troubled schools. (ANTHONY DELMUNDO/NEW YORK DAILY NEWS)
Fariña said a growing number of principals have been in touch with the city to set enrollment targets at their schools and that officials would build on that momentum with a series of meetings across the city designed to help schools create more diverse student bodies.

The city’s challenge to create diverse classrooms is extreme. A 2014 report by the Civil Rights Project at the University of California at Los Angeles found that New York State had the most segregated classrooms in the nation.

In the wide-ranging interview Thursday, Fariña also said there would not be significant practical fallout from Mayor de Blasio’s school control smackdown in Albany last week and the Senate Republicans’ mandate that the city publicize schools’ budgets is largely meaningless because the city already does that on school websites.

She also said that attendance in kindergarten classes is up significantly this year, a sign that the city’s much-hyped universal pre-K program is beginning to bear academic fruit.

NYC to push for classroom diversity throughout city schools
The veteran educator said that she would merge at least 25 schools in the coming year, combining pairs of schools into single schools to pool resources.

Fariña also said the city would look to close more troubled schools in the coming year and she promised to stay in office through the end of de Blasio’s current term, but would not commit to staying longer.

“Let me get through the first term,” Fariña said. “A good leader stays to complete the work. But a good leader also has a succession plan.”

James Eterno said...

Then we have to fight it on our own.

Anonymous said...

When I spoke to my lawyer it seemed that she didnt' know I was not supposed to get an expedited hearing. thanks to James for showing this to me AND her

Anonymous said...

Obviously, another DOE scam like all the stuff mentioned in the previous posting a few days back. Every aspect...

Anonymous said...

That's scary - time for another lawyer.

Anonymous said...


Anonymous said...

It's interesting how ATR's have to pony up the monthly union dues in the exact same dollar amount as regularly appointed teachers. Yet it is clear that they don't have equal rights. That seems to me as if it is a lawsuit in the making. Just need a smart lawyer to represent this class, er, second class of teachers.

Anonymous said...


Francesco Portelos said...

Did this have anything to do with a field supervisor? If so we can connect this ATR with others that have same FS to maybe use as witnesses.

Liz Simpson said...

Great idea Francesco. You are the best. I know this because u and me are one. I feel that way when I'm with you. ������������������ ❤️����