After hearing about the oral arguments in the Article 78 case UFT Solidarity helped start on behalf of five teachers seeking an accommodation to work from home, I decided to review the NYC Department of Education's School Reopening Plan. You should do this too today.
One of the city lawyer's main points in oral arguments in court was that DOE employees can receive an accommodation to work from home even if the employee does not have one of the CDC diseases that places one at additional risk of COVID-19 or is at least 65 years old. He said it was principal's discretion. He cited the DOE's School Reopening Plan.
This is what the DOE says on Page 22 of the DOE School Reopening Plan:
Schools and offices may 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.
The term "where possible" seems to be a concern of many who want an accommodation to work remotely. It shouldn't be an issue. If we just do some simple math, it is possible for many more DOE employees to be approved to work remotely. It is my understanding that roughly 40% of NYC students have opted for fully remote learning. The other 60% who are in blended learning will be remote at least half of the time. That means a minimum of 70% of instruction will be remote. In court on Friday, it came out that there have been around 27,000 DOE employees who have been granted accomodations to work from home. I believe there are over 100,000 DOE employees. When over 70% of instruction is remote but only about one quarter of the staff is remote, it seems very possible that the DOE could offer thousands of additional accommodations to work from home.
• Why doesn't the UFT emphasize what the DOE's own document says to help many more UFTers get accomodations to work remotely?
•Why did plaintiffs have to pay to hire a private attorney, Bryan Glass, to represent them to receive accommodations to work remotely?
•Why did UFT Solidarity have to set up a GoFundMe page to support this case when we pay union dues? (Full disclosure, I contributed)
There are now well over 17,000 page views on our Wednesday post which was about teachers seeking accommodations to work from home. It is a major topic of emails we get too. Clearly, there is a demand for remote only work amongst the rank and file. UFT Solidarity, this blog and to some extent MORE are becoming a truly shadow union doing the work the UFT should be doing. UFT policy to me is basically to delay, delay and delay doing anything on just about everything hoping the city does better.
My non lawyerly advice for all of you who wish to work remotely from home is to send an email to your principal making that request. Cite page 22 of the DOE's School Reopening Plan. The language in italics above is right from the plan.
For those who prefer to cut and paste, how about this as a possible email?
Dear Principal I Am Great,
Page 22 of the New York City Department of Education School Reopening Plan states in part:
Schools and offices may 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.
I do not feel comfortable returning to an in-person educational environment as (state reason here- for example: multiple COVID-19 cases were reported in the last week from over 20 DOE schools which makes me uncomfortable being in a school building; or I have an ailment not on the CDC list that would make me uncomfortable working in a school building [try anxiety]; or I have to care for an elderly relative so I am uncomfortable coming home after work where I would be putting him/her at greater risk of catching COVID-19; or I have to care for a child who cannot attend school so I cannot be comfortable leaving my child at home alone. [Federal Department of Labor guidelines give employers the option to provide telework for the last two categories].)
Since a huge number of our students will be learning remotely fulltime and the remainder of the pupils will be working remotely for many of their school days, there is certainly a need for fully remote teachers. Therefore, my request to telework fom home meets the DOE's "where possible" standard.
Please adjust my schedule so I can work remotely from home.
Sincerely,
Humble Teacher
While there is no way to confirm their statements several principals have told their respective staff members that either "Central," the DRT, the Chancellor or some other inaccessible entity have specifically told them that they do not have any discretion. It seems the only way to challenge this is through the Court and we don't know if that is possible since Justice Ramseur has not issued her TRO ruling yet.
ReplyDeleteI went to the doctor, sore throat, cant go in for 2 weeks, hopefully by then they close the schools.
ReplyDeleteSo is this where all the confusion about "the agreement" between UFT and DOE is stemming from with regard to allowing teachers to go remote without medical accommodations? The fact that it's always been there and the UFT didn't inform/promote it to members?
ReplyDeleteOff to a good start?
ReplyDeleteI’m having a little dilemma. I like my placement. However, I’m being asked to teach a music program and a health class. I’m a CTE teacher and tenured under business. How would you get out of this?
This is what doe is using on us...unsafe disinfectant
ReplyDeletehttps://cen.acs.org/safety/consumer-safety/know-enough-safety-quat-disinfectants/98/i30
yes jeff, i have repeatedly emailed carranza, not a single response.
ReplyDeleteSome untenured teachers I know are afraid to ask for an accommodation. One young untenured friend has a pre-existing condition and just told me there are no supplies, social distancing or any protocols beings followed. This teacher also told me the principal is punishing those teachers who are working from home, making their lives a living hell ; so she’s better off going in and protecting herself as best she can. She feels the schools will go all remote in a few weeks anyway. It’s hard to argue with her reasoning. Mulgrew is like Waldo - where’s Waldo? Can someone find him?
ReplyDeleteSo this depends on if you're buddy buddy with your principal.
ReplyDeleteBryan Glass argued that this whole system of granting accomodations is arbitrary and capricious. In the real world, as Jeff pointed out, principals
Deletehaven't been given the authority but don't let that deter you from applying for accommodation if you want to work from home. Follow the rules.
Even my district UFT rep says principals do not have the discretion to grant at-home accommodations. She acknowledges the passage you've cited, and that it would seem to say otherwise, but says it's not allowed. I don't get it.
ReplyDeleteJust because principals have told their staff they don't have discretion, that makes it true? What if they're saying that so they can't be held accountable for who they do and don't allow to work remotely?
ReplyDeleteThe city acknowledged it in court.
ReplyDeleteI’m running into everyone today in the Bronx. An acquaintance, a still working ATR who was once a very effective Chapter Leader for years. He reported his principal’s egregious behavior and was brought up on termination charges, eventually beat them and has been an ATR for ten years. Even though he was cleared of the charges, he was and is no longer allowed to teach. He’s hoping the city’s current staffing crisis might allow him a teaching position. I doubt it, as the UFT has never fought to end the ATR pool or Fair Student Funding. In fact, it doesn’t even go to bat for its chapter leaders. How is that? The people on the front lines, the true soldiers for the union? The UFT chooses the CSA over its Chapter Leaders. He says he knows 20 (!) other former Chapter Leaders who were (retired) or are now ATRs. He’ll be picketing outside his little slice of hell tomorrow morning. Covid-19 and the DOE isn't destroying the UFT - it’s Mulgrew, the Unity Party and their combined indifference to all teachers, especially the teachers who’ve put themselves on the front lines as Chapter Leaders.
ReplyDelete5:28 pm...
DeleteMany in the ATR pool are warriors who fought and won bogus 3020a charges in spite of a non supportive union. So yes, tell the world about the broken union and then vote next election as if your life depends on it.
Israeli gov’t approves: Three-week lockdown beginning Friday
ReplyDeletehttps://www.jpost.com/breaking-news/coronavirus-2651-new-cases-on-saturday-death-toll-1103-642074
They do have discretion according to the agreement, they are told no by DOE legal in violation and contradiction to the agreement. The DOE and DOE legal attitude is "go sue me in court if you want. The principal's decision was no, you can not work remote and we enforced our discretion. That was our choice. It is a form of overreach and deception in an Orwellian, dystopian organization. When has the DOE legal not created a dystopian work environment?
ReplyDeleteWhat decent principal wants to be in this position? To decide who gets to stay home and who doesn’t? Sounds like a setup to blame csa/admins. The csa was, oddly, the strongest voice until the UFT and city made a deal behind their backs and gave us the not teaching remote kids if we are teaching them in the building (although I am unaware of a single school abiding to that rule). Once that was announced, csa went silent in resistance to the city. They were finally a partner and now they are the ones to decide who gets to be safe and who doesn’t? Can we all agree this is all because DeBlasio and Cuomo are too egotistical and believe either they can control this virus or that if schools are open they will get money from the feds regardless of what happens to us? DeBlasio can take the hit of us getting ill and/or dying, but can’t if kids do. And when did the uft seem to only represent the kids or city and not us? Lastly, whatever happened to Mulgrew or anyone else’s major concern about us being in the room while kids eat? Only major dem city to have schools open. We know a vaccine is on its way and historically speaking, what is another few months?
ReplyDelete“When schoolchildren start paying union dues, that’s when I’ll start representing the interests of school children."
Delete@6:41 pm...
DeleteWho are you quoting?
Supposedly Al Shanker said that.
Deletehttps://www.shankerinstitute.org/blog/quote-unquote
DeleteThis little article about why that quote is aprocryphal includes comments from both Joel Klein and Mike Antonucci at the bottom -- makes one question the authenticity of those comments as much as the quote.
UFTers need to keep pushing.
ReplyDeleteI sent my principal my request for accommodation let’s see what happens.
ReplyDeleteLet's get thousands of them.
ReplyDeletePractically speaking, a dead experienced teacher is a positive financial outcome for the DOE
ReplyDeleteI thought they were constantly working on applications for medical accommodations. I submitted mine on Friday, still nothing.
ReplyDeleteWe still don't know who they are who are working on applications.
ReplyDeleteWhy wait until September 11 to submit your accommodation request?
ReplyDeleteWhat is the upside in that??
I do not like some principals are allowing the 8:00-8:30 to be held remotely others like mine are not. NO need for me in school exactly at 8. I have child care issues and b/c of corona my start went from 8:20 to 8, how is that my fault when I need those 10-15 min coming from long island to Bronx.
ReplyDeleteIf you have a child care issue with these new regs and can do it effectively remotely should not have to be forced in at 8.
Dr. Michael Osterholm says "we are going to see [COVID-19] numbers grow exponentially" in the coming months. #MTP
ReplyDelete@mtosterholm: "We really have another 12 to 14 months of a really hard road ahead of us."
At MS297 in district 2,teachers will teach whole classes at a time. In person with remote joining in via zoom. Our CL says our principal can do that because we are a prose school. Meanwhile our CL is working as an AP while both APs are out on accommodations/pregnancy leave.
ReplyDeleteWith tomorrow approaching, I cannot except that I am going to work everyday, while others get to stay safe at home. I am now a sub 1x a week and do not know what I am going to be doing. I can’t believe we are opening when we do not have enough staff to teach our kids! I can’t sleep or function. Why is this okay?
ReplyDelete