Friday, September 11, 2020

BRYAN GLASS MAKES CASE FOR MORE ACCOMODATIONS FOR REMOTE LEARNING: "THIS IS NOT ABOUT KIDS AT ALL. THIS IS ALL ABOUT POLITICS AND MONEY"

 Lydia Howrilka's report from the Skype oral arguments in the case UFT Solidarity helped get started last week seeking an injunction to get more accommodations for UFTers to work remotely.


1. Folks from DOE Brass and DOE Legal were on the call.

2. The judge asked very fair and balanced questions. She gave us all a heads' up- standing arguments, status quo of education.

3. Judge was unwilling to take sides. Which may bode well for us.

4. The City attorney was VERY pro-DOE/DeBlasio. Kept on throwing "kids need in person learning" and "NYC has a low transmission rate" up again and again.

5. Judge asked us to send her an update on the petitioner's individual conditions and current status.

6. Bryan did exceptionally well arguing that the system is arbitrary for approving some and denying other accommodations. He asked the City: "So, who is the person who is charge of approving or denying accommodations?" The City refused to say.

7. What is the tipping point of not enough teachers? 27,000 were granted accommodations; what's 5 more?

8. City attorney said that principals have discretion to approve or deny accommodations. When questioned who is the man behind curtain, the City refused to say and they feinted.

9. None of our petitioners feel comfortable going back to school next week. 

10. City said, "Kids need school!" Bryan said, "Yes, how will kids feel when they get themselves, family or teachers sick?"

11. Several CECs are bringing up lawsuits against the NYC DOE. 

12. Bryan said: "Stop playing games! This is not about kids at all. This is all about politics and money!"

36 comments:

Anonymous said...

Wait. Principals can approve?

James Eterno said...

We said this yesterday after reading the City's reply to the Article 78.

Anonymous said...

James, Where? i didnt see it.

Anonymous said...

Told you! Glass is good. I hope the DOE loses and appeals to the Appellate Court. If it goes to trial, the DOE can't hide behind a curtain like this is The Wizard of Oz!
They have to cough up someone in a 30b(6) proceeding during discovery.

Anonymous said...

Can I see principal option in writing? Where is it?

James Eterno said...

From the city's response to Bryan's lawsuit:

The City-DOE said on the bottom of page 13 in their response to the Solidarity lawsuit that "schools may also consider the needs of individuals who may not feel comfortable returning to an in-person educational environment when making assignments and modifying work settings and/or schedules where possible."

Anonymous said...

james, did you post the response, i didnt see it. can it be posted or linked, or sent via email?

Anonymous said...

Where is the city response?

Anonymous said...

Math teachers: We have had over 20 Covid_19 outbreaks in schools since Tuesday. There are roughly 60,000 teachers currently in schools (15,000 are remote from home). Now, in a week, we will add 700,000 students to the mix. So here’s the math question: How fucked are we?

James Eterno said...

Corwin vs Carranza is the case.

Ray said...

Can someone with a better law understanding lay out what the possible outcomes would mean? So obviously if the judge sides with the city that doesn't change anything, but if they rule with the 5 teachers named in the case, does that open the door up for all teachers to apply for more accommodations? Or does it depend on what exactly the judge says in the ruling?

Anonymous said...

So even though I do not qualify for accommodations (I have a family member who is high risk) my principal can grant me one if they feel like ir or if they can? The words that stand out are “where possible” My principal can say it’s not possible, right?

Anonymous said...

I can't find that case, checked several ways

James Eterno said...

Email us.

Anonymous said...

Israel First to Announce Second Lockdown https://politicalwire.com/2020/09/12/israel-first-to-announce-second-lockdown/ via
@politicalwire

erin said...

My throat hurts and I'm nauseous, maybe from mask, what should I do, fail screening everyday?

Lydia H. said...

Regarding Ray's question, our goal is to try to open up the medical accommodation process to as many as possible. If you were a petitioner, you will get your first crack at a deal.

I have spent 3 long weeks playing phone tag with teachers who get cold feet and refuse to reply because they are too scared to join a suit. These same teacher will probably be angry when we do get an answer from a judge: "But this doesn't help me!"

Nobody is going to be happy. But in my opinion, if you didn't join the suit, you really have no right to criticize the outcome when the lawyer is good and the petitioners stuck it through at great personal cost.

James Eterno said...

Can new plaintiffs still join, Lydia?

Unknown said...

I am having child care issues. My daughter is full remote and I am in person. Please help

Lydia H. said...

@Ray: It all depends on what the judge says. We are fighting to get as many people equitable access to apply for remote teaching as possible but nothing is guaranteed. If you joined the lawsuit, like the petitioners did, you would get a better deal.

I've been playing phone tag and email tag with plenty of people who expressed interest in joining the suit and then ghosted me the moment I asked them questions about their personal issues and health, school, mention they cannot stay anonymous and must pay a small retainer. Honestly it is what it is. No use complaining about the judge's decision if you didn't join the suit.

Thall67 said...

I already have a medical accommodation and I'd give you the money just so you get one more person on the suit. People have to have guts or nothing changes.

Anonymous said...

Mayor Bill de Blasio
@NYCMayor

It’s a beautiful Saturday, New York City.

Get out and enjoy it, but don’t forget we’re fighting back against COVID-19.

Wear your face covering.
Practice social distancing.

BUT OPEN THE SCHOOLS AND FLOOD THE SUBWAYS????????

Anonymous said...

How many teachers, paras, supervisors are walking into buildings with no symptoms and spreading covid? 100, 1,000, 10,000?

Anonymous said...

Sounds safe.

Union Again Threatens to Delay NYC School Reopening; Queens Teachers Stage Working Protest

The approaching flu season will only make COVID more challenging, officials say; Gov. Andrew Cuomo says the state is looking into possibly making the flu shot mandatory for schools

Anonymous said...

"If the city can't live up to its agreement, we are going to say you can't open," Mulgrew said.

But it already hasn't.

Anonymous said...

Is it safe? Who cares.

"Trust has been broken going back to March. It remains shattered. What we're learning about these cases does nothing to repair trust and to ensure schools can reopen safely in September for these kids," added City Council Education Chair Mark Treyger.

Asked about the total number of staff in schools who have tested positive for COVID-19 since teachers returned to buildings this week, the mayor didn't have a concrete answer Thursday. He said the full reporting would begin when students report for in-person learning in 11 days -- but he also said he expected that "of course" there would be clusters that emerge when school starts.

Anonymous said...

So much for the most aggressive plan in the country. Mulgrew said that, right?

Meanwhile, DOE sent a letter to teachers Thursday morning saying an investigation was complete and teachers should go back into the building.

Lynn Shon
I am a teacher at MS 88.
UPDATE: My colleagues are hearing from Test & Trace for the FIRST TIME this morning-- 4 days since exposure in our school building, and 3 days since we were notified (from self-reporting and internal tracing.) 1/
https://morecaucusnyc.org/2020/09/10/an-open-letter-from-ms88-teachers/ @MOREcaucusUFT

TeachNY said...

What about the city parents that will be forced into working when or if WE go full remote?

waitingforsupport said...

Good luck Lydia H. When you are fighting for your life...you must throw caution to the wind. Praying for all educators. P.S. Remember to stand up for others or if you won't do that, don't add additional weight to their burden. Power to the people!

Ray said...

Lydia can I still join??

Unknown said...

Yes. Folks can still join. You cannot be anonymous and you must pay $500 (this includes lawyer consult and fee to process papers)

http://www.ghnylaw.com/

Anonymous said...

Maybe diblasio realized they couldnt be ready for an on time opening and this plan was hatched to avoid embarrassing g him and to let it appear that mulgrew was helping us.perfect fit, as it is obvious they never were rrady.no busses yet.even without our checklist. There are no busses!good cover!



Anonymous said...

And ps, if they have no busses, they will again make it look like we dont open because of ppe/mulgrew.

Lydia H. said...

Yes. Email me at lydia.howrilka@gmail.com

Anonymous said...

James, the name of the case is Corwin v. City of New York.

The Index Number is 157166/2020.

It was filed in New York State Supreme Court, New York County.

(The case takes its name from the first-listed Petitioner and the first-listed Respondent. Carranza is one of the Respondents, but he was not listed first.)

Anonymous said...

They can ask their employer or union for help with that line 11:52 is doing.