Tenure in civil service is routine. Most federal agencies have a one year probation period. It is the same one year for most New York agencies. New York City Police Officers serve a two year probationary period. Teachers in New York City stay on probation for twice as long as police officers and for no good reason. To add insult to injury, one of Joel Klein's legacies was to make teachers walk through hoops to achieve tenure by having to do tenure portfolios. I never did such a thing and barely noticed the difference when probation was over. It just meant fewer observations. The Department of Education in recent years has made a complete mockery out of the requirement that teachers serve a three year, and after the law was changed, four year probationary period by routinely extending probation.
What has the UFT done to stop this practice of extending probations? Nothing. Well, not exactly nothing because the UFT does go through the motions of making it look like they are doing something. They tell teachers when they get an extension of probation letter to get it to a NYSUT attorney before signing it (see below). That is a complete waste of time as these are boilerplate letters that DOE legal approves of and local administrators just fill in the blanks.
The UFT should be telling probationers that they will sue the DOE because the DOE is making these extensions routine to get around the tenure law which says four years of probation. In addition, this is another issue that could have been taken up in contract negotiations instead of just accepting an early contract with few substantive changes.
From Gene Mann's The Organizer:
New
Teacher Corner: Extension of Probation
Probationary
teachers are teachers that don’t currently hold tenure in their respective license
area. If a principal should choose to extend your probation, it is important to
know your rights as a NYCDOE employee. As a probationary teacher, you do
not have to immediately sign the extension of probation. Probationers have the
right to have a union lawyer review it first. In fact, every extension of
probation should be submitted to the UFT for a NYSUT attorney to review before
the member makes the decision to sign. Please inform your chapter leader of the
extension and then you should contact your district representative. They will
need a copy of the extension so that it may be reviewed by a NYSUT attorney. If
your principal is insisting that you sign the extension without the proper time
for the extension agreement to be reviewed, do not to sign the extension and
contact your district rep or borough office immediately.
20 comments:
Disgusting. June will be here soon Mulgrew.
I've been in the DOE for 23 years. There never was anything that the UFT could do to halt discontinuances of probation or termination of probationary teachers. The sad fact is that the entire manner in which tenure is doled out these days is twisted from what it was. Up until about 8 years or so, pretty much everyone got "tenure by estoppel" Now getting tenure is a big dog and pony show. I have never seen probationary teachers get extensions or outright discontinuances till Bloomberg came into office. I feel so bad for all the newbie teachers these days.
DOE has made a mockery of the law. That's why something should be done.
What could be done? I'd love to know what you think the UFT can do on this topic. Also, I do not think the public sentiment would be too keen if there is a "war to reduce tenure requirements". Most folks in our country already think tenure is a job for life and that it protects shitty teachers. The only thing teachers who get discontinued can do is to file an appeal or sue an administrator. Both of these avenues are very tough to win.
Sue DOE for ignoring the law. It is four years, not four plus extensions for 1/3 of teachers. Tell de Blasio it is unacceptable what is going on with probationary teachers. We are losing good teachers. Or, is retention no longer a concern? Tell me another profession where employees have to jump through hoops to complete probation. If two years is good enough for police, why four years for teachers? Stop worrying about the NY Post editorial board. 3 was plenty.
The UFT won’t fight this because they don’t care - there’s a revolving door of new and discontinued teachers and never a drop of union dues spilled. As more and more vets retire, in and out of the ATR pool, this is the plan - teachers as temps.
I had to do that stupid portfolio (I was hired when the requirement was 3 years). I was extended (with no reason given, the principal never explained why I was extended), then I transferred and was granted tenure by my new principal, but had to redo my portfolio again for my new school. There's multiple problems with the current system.
1. There is no set standard for what is acceptable to grant tenure and what isn't. Different superintendents look for different things when they agree with the principals recommendation. Principals can make up whatever criteria they want to be considered good enough.
2. The superintendent can still reject the principals recommendation, without even knowing the teacher.
3. Principals can either be proactive in helping you get tenure, or tell you with a week left before the deadline to give them a binder with no feedback.
4. What do cluster teachers (art, PE, etc) put in their portfolios? It's guesswork.
5. When I was extended, I immediately signed the extension. What is a lawyer going to do for me? I was probationary, I had no rights. What is the point of arguing it, I took it as my cue to play nice for the last couple of months of the school year and transfer to a new school since the principal did not show faith in my abilities. The extension wasn't a discontinuance, so I still had a job to go to.
6. Is there any evidence that this portfolio has led to the city retaining better teachers? Or does it lend itself to people who are good at typing up bs but maybe aren't as good at the actual job of teaching?
I don't know if the DOE is ignoring the law. Are extensions of probation illegal? I am not sure if it is ilegal or not. DeBlasio obviously does not give a shit about this situation. The DOE actually likes that we loose teachers due to the fact that newbies who leave will not cost the city money in the long haul. (This is already a common tactic in the charter school world) The UFT does not care because newbies who are discontinued will be replaced with new teachers who will probably end up joining the UFT anyway. I am not familiar with other civil service probation procedures or what kind of hoops they have to jump through. I think one thing the UFT could do is to help prepare teachers who are going through their probationary time. Teachers need to DOCUMENT every email with their administrators. Teachers need to keep tons of artifacts demonstrating what positive things that they did during their 4 years of probation. Teachers should keep all positive correspondence with parents, colleagues, and mentors. If teachers prepare a good case to earn tenure, they might have a chance in an appeal. However, the cards are always stacked against them because probationary teachers are at will employees. I always help out the probationary teachers at my school by informing them of the things listed above.
Are you so sure that this lawsuit you talk about would be a big success? What if the d o e called our Bluff and just fired them all? Then, you would be screaming that the unity UFT just abandoned the youngsters and led Lambs to the slaughter. It must be so comfortable, James to sit in your easy chair on Mt Ida and throw Thunderbolts.
DOE is not going to fire everyone. That is ridiculous.
The UFT never does anything.
I had nothing to do today, so I googled NYS School Report Cards of some schools.
Of interest, I researched the Comprehensive Information Report for Bryant HS, Queens NY, run by Namita Dwarka since '11-12. She inherited a school where 85% of students passed NYS regents the prior year......very good!
Fast forward six years under Namita Dwarka's leadership, and the same metric dropped to 48% in 2018....the woman is a spectacular failure.
Will the media ever pick up on this?
10:35 AM
uft.org has the nerve to post about discrimination...Like how I cant get a job because of my salary? Skin color? last name? No one should have to tolerate workplace harassment or discrimination, which is why the Department of Education-UFT contracts have contained protections for many years against a wide range of discriminatory or harassing behaviors, including sexual harassment. The 2018 contract contains new anti-retaliation language. Federal, state and city laws also provide protections.
Workplace discrimination or harassment can take many forms, and there are various channels for redress. Each channel has its own timeline for reporting the conduct and filing charges. It can be hard to figure out how to respond and what avenues to pursue, which is why it is so important that you contact the union for help.
It’s important to be aware, too, that not every incident of inappropriate behavior and every form of discord with a supervisor will rise to the level of what legally or contractually constitutes harassment or discrimination.
Protections in the contract
Article 2 of the DOE-UFT contract for teachers and corresponding articles in other DOE-UFT contracts set the standards for fair practices, which include a prohibition against the DOE discriminating on the basis of race, creed, color, national origin, sex, marital status, sexual orientation, disability, age or union activity.
Under the new contract, which applies to all UFT-represented employees, the DOE is required to maintain an environment that is “free of harassment, intimidation, retaliation and discrimination.”
The new contract prohibits retaliation against members who raise workplace concerns. It explicitly prohibits retaliation, harassment, intimidation and discrimination of any kind when any employee in “good faith” raises a concern about any situation that may have violated the collective bargaining agreement or DOE policy, or has a concern relating to their professional responsibilities or the best interests of their students.
Alleged violations of this new clause go through the regular grievance process. If not resolved, the union may take the matter to final and binding arbitration.
Another avenue for redress if you are being harassed or intimidated by a supervisor is to file a special complaint under Article 23 of the teachers’ contract and corresponding articles in many other DOE-UFT contracts. As part of the special complaint procedure, the union has the right to convene a joint investigating committee, consisting of one UFT representative and one DOE representative. The committee will spend one day investigating the complaint by speaking with the complainant, the alleged harasser and witnesses to the alleged harassment. If no resolution is reached, the union may escalate the complaint to the chancellor’s level.
If you feel you are being harassed, intimidated, discriminated against or retaliated against, keep an anecdotal log indicating the place, time, date and any witnesses who were present during each incident, and contact your UFT district representative.
Federal protections
Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment in employment on the basis of race, color, religion, sex and national origin. In addition, Title VII provides protections for individuals who make a complaint of discrimination or harassment.
Sexual harassment is a type of unlawful discrimination on the basis of sex. There are two forms of actionable sexual harassment:
1. Quid pro quo: Unwelcome sexual advances or other conduct of a sexual nature by a supervisor when submission to such conduct is a condition of the subordinate receiving a tangible job benefit, such as a promotion or bonus, or suffering a tangible job detriment, such as demotion or firing.
2. Hostile work environment: Unwelcome conduct of a gender-based or sexual nature that is so severe and pervasive that a reasonable person would find an intimidating and hostile work environment has been created.
A federal appeals court in New York in February 2018 became the second in the nation to hold that Title VII’s prohibition against sex discrimination extends to discrimination based on sexual orientation. NYSUT, the UFT’s state affiliate, submitted a friend-of-the-court brief urging this expansion. Over the years, federal anti-discrimination laws have expanded to include additional categories. The Age Discrimination in Employment Act (1967) prohibits discrimination in employment on the basis of age and covers employees 40 years of age or older. The Pregnancy Discrimination Act (1978) protects against discrimination on the basis of pregnancy, childbirth or related medical conditions. The Americans with Disabilities Act (1990) prohibits discrimination in employment on the basis of disability or a perceived disability and requires employers to provide reasonable accommodations, unless doing so would cause an undue hardship. Federal law also provides some protections for workers on the basis of military status and genetic information.
Before you can file a lawsuit in federal court alleging discrimination or harassment that violates Title VII, you must file a complaint with the federal Equal Employment Opportunity Commission within 300 calendar days from the date of the discrimination or harassment. If the commission issues you a Notice of Right to Sue, you have 90 days from that notice to file a lawsuit.
State protections
The New York State Human Rights Law provides many of the same protections as federal law, but it also includes additional protected categories, such as sexual orientation, gender identity, familial status, marital status, military status, domestic-violence victim status and predisposing genetic characteristics, and it provides certain protections against discrimination based on an individual’s criminal record. State law also offers protections from age discrimination for employees who are 18 years of age or older.
State law and federal law also offer different remedies if there is a finding of discrimination. If you believe you have been subject to harassment or discrimination that violates state law, you can file a complaint with the New York State Division of Human Rights within one year of the most recent act of discrimination. Alternatively, you may file a state lawsuit within three years of the most recent discriminatory act.
City protections
The New York City Human Rights Law provides expansive protections for workers that make it easier for them to prevail in litigation and includes additional protected categories such as partnership status, caregiver status, salary history, consumer credit history, unemployment status, status as a victim of stalking and sex offenses, and citizenship status. Among other notable differences with its federal and state counterparts, inappropriate conduct does not have to rise to the level of severe or pervasive to meet the definition of unlawful sexual harassment under city law.
If you believe you have been subjected to unlawful harassment or discrimination in violation of the New York City Human Rights Law, you may file a complaint with the New York City Commission on Human Rights within one year of the most recent act of discrimination or within three years for gender-based harassment. You also have the option to file a lawsuit against the New York City Department of Education within three years of the alleged discrimination or harassment.
The UFT is a shameless organization that is allowing experienced teachers to be targated.
It is on the state's list in need of seroious improvement. She got rid of all the experirnced teachers. Many were very good.
What are you trying to say by posting the harassment language? That aside, I think the uneven application of tenure is proof of unequal protection under the law.
Because they are discrimintaory, or they help allow discrimination with unfair hiring practices.
Hi,
I am going through the same thing. I feel so hurt and discouraged. I don’t know what to do.
Hang in there.
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