Friday, October 08, 2021

SENIOR EDITOR FROM THE NATION INTERVIEWS DR MICHAEL OSTERHOLM ON SAFETY IN NYC SCHOOLS; JEFF KAUFMAN SAFETY GRIEVANCE REJECTED BY UFT

 Lizzy Ratner is a senior editor at the Nation. She is also an NYC public school parent. She interviews Dr. Michael Osterholm, director of the Center for Infectious Disease Research and Policy. The topic is COVID in schools, particularly NYC schools. For those who don't wish to go through the entire piece, here are two of the most concerning parts.

Osterholm: And I can tell you that New York and Southern California are not done with this virus. They will see sizable increases in this virus at some point in the months ahead.

And number two:

Osterholm: Our kids have basically become pawns in an effort to get kids back into in-class learning—

He supports in-class learning but says it has to be done safely.

In NYC, our friend and ICEUFTblog founder Jeff Kaufman grieved to get face shields for himself and his students. He was ignored by the principal and then the UFT refused to move his grievance forward.

Jeff's letter to the UFT Grievance Department asking for an appeal:

Dear Mr. Zalkin,

I received a decision from the grievance department that my Step 1 appeal will not be pursued. I wish to appeal this decision.

While I have grieved that the principal of my school would not purchase shields to protect the students and me from the spread of the Covid-19 virus. My classroom seating arrangement has students seated less than 1 foot apart and while CO2 levels may be currently low it is due to the fact that I am able to keep a garage door open in the back of the room. This will not be possible in the near future as the temperature falls.

Last year shield were purchased for classrooms even though seating was much further apart. When I requested the shields for my classroom the Chapter Leader told me that the principal would not purchase them and that to do so would create a "slippery slope" where other teachers might request protection against this virus.

I have never met with the principal about this grievance and have never been served a copy of his response. I also have no way to know on what basis your decision not to appeal was made.

It is fundamental due process that grievances be accorded the proper notice and procedural safeguards to ensure that fair decisions regarding grievance appeals are made. This is at minimum a basic part of our Union's duty to represent us.

Please provide whatever documentation you relied upon for your decision not to take the appeal and reconsider your decision not to afford me my basic rights as a member of our Union.

Respectfully submitted,


Jeffrey Kaufman

The Nation piece in its entirety. (Go there for links. We only copied the link to the latest Osterholm update podcast.)

Reopening Schools: Is New York City Keeping Its Most Vulnerable Kids Safe?

The mayor calls the city’s Covid-19 protocols the “gold standard,” but epidemiologist Michael Osterholm says there’s a lot more the city can and must do.

On the morning of September 13, shortly after the New York school system’s Covid-screening website crashed, Mayor Bill de Blasio stood outside PS 25 in the Bronx celebrating the reopening of the city’s public schools. It was a heady occasion: For the first time in 18 months, the largest public school system in the country—nearly 1.1 million students—would be back in swing, and de Blasio was intent on proving that it was not only the right but also a safe decision.

“It’s so good to see all our kids coming back to school in person where they can learn best,” de Blasio said as a collection of multicolored balloons bobbed in the background. Dressed in a trim blue suit, his face mask temporarily stowed, he touted the Department of Education’s Covid-19 precautions and vowed that students would be safe. “Kids coming to school today, all across the city, are going to experience a gold standard of health and safety measures,” he said.

De Blasio seems to like the phrase “gold standard,” as he repeats it frequently when talking up the DOE’s Covid-19 protocols. But two days later, my son offered a more, well, tarnished assessment of the situation. “My school is a Covid petri dish,” he said, citing the 25 to 30 kids crammed into his classes; the clustered seating arrangements, with four kids to each worktable; the teeming hallways in which “everyone is bumping into everyone else”; and the haphazard masking by some friends and classmates. “It’s a bit scary,” he confessed.

Since my 11-year-old son is too young to be vaccinated, I wasn’t thrilled by this report, but I wasn’t all that surprised either. In the weeks leading up to de Blasio’s Bronx appearance, I had watched the DOE roll back safety measure after safety measure as the mayor repeated his “gold standard” mantra.

True, the city does have a mask mandate, and it’s just implemented a vaccine mandate for staff, both of which put it ahead of the many districts that have pushed back against basic science. But social distancing appears largely notional, thanks to the mass overcrowding of many public schools. Testing is spotty (less than a quarter of kids have consented to getting tested) and applies only to the unvaccinated in any case (never mind that vaccinated people can be carriers). Quarantine protocols have been weakened to the point of farce—or at least confusion. And the city’s priorities seem out of whack—as seen, for instance, in its decision to chisel the funding (and hours) of the Situation Room, the multiagency brain trust that’s supposed to track Covid-19 outbreaks in schools.

Taken together, all of these issues raise questions about how seriously the DOE and the mayor are taking the crisis—particularly for unvaccinated kids—even as we all understand the mayor’s argument about the importance of consistent, in-person education. So, as the number of positive Covid-19 cases ticks up each day—a total of more than 4,000 as of October 7—I can’t help but wonder: Are families getting the full safety story? And I can’t help but worry—not only about my own kid, but also about the many other kids who might get sick and bring the virus back to their family members who may be at risk of severe illness.

To help get some clarity, I reached out to Dr. Michael Osterholm, director of the Center for Infectious Disease Research and Policy at the University of Minnesota. Dr. Osterholm became something of a guru to Covid obsessives after his “hair-raising, accurate prediction” of the early course of the pandemic, followed by his prescient warnings about this summer’s surge. Our interview, which took place over two sessions, has been edited for length and clarity.

LIZZY RATNER: So how should I feel about sending my kid back to school?

DR. MICHAEL OSTERHOLM: Right now, schools are probably our single biggest challenge in terms of trying to reduce transmission. It is a very different world with Covid and kids this year than it was last year. The arrival of Alpha and then subsequent Delta variants fundamentally changed how we look at the risk of transmission in and by kids.

LR: Can you say a little bit more about how it’s changed?

MO: As of September 30, there have been 5.9 million children in the US who have tested positive for Covid. A hundred and seventy-three thousand occurred just in the last week. This, however, was good news in that it was the first time in six weeks that we have seen fewer than 200,000 pediatric cases reported. If you look at what’s happened as of this last week, based on American Academy of Pediatrics data, which is 24 states and New York City, there were 615 new hospitalizations. Last week, there were 22 child deaths, the highest number of deaths in the previous six weeks.

Overall, between October 1 of 2020 and September 30 of 2021, for one year there were 408 deaths in kids. Seventy-six of those deaths, or 18.6 percent, have occurred in just the last month.

LR: In terms of what these high caseloads mean for reopening schools, I want to ask about social distancing. At my son’s school there’s none of it. The principal has said we are relying on masks [to keep the virus from spreading], that’s what we’ve got. So I’ve gotta ask: Is my son’s mask going to do it?

MO: No, no, it’s not—and cloth covers in particular are not. The data that even exists in supporting the three-feet rule actually came about from the pre-Delta era. We’re writing a piece right now, a commentary on masks and schools and day care, and we’re basically laying out how much leakage occurs and what the challenges are. So you cannot count on cloth coverings for students to stop transmission in a school. We surely think you should use higher quality masks, the N95s and KN95s.

LR: The city is now testing 10 percent of the kids once a week, but the caveat is that they’re only testing the kids whose parents have given their consent. Is that adequate?

MO: There is no scientific evidence at all that testing any group once a week makes any difference in reducing disease transmission. None. You need much more frequent testing. The data we do have says that if you’re not testing at least five times a week, you’re going to miss anybody who is positive and potentially capable of transmitting. So, you know, it makes one feel better to do that kind of testing, but there are no data that support that that reduces disease transmission at all. There’s zero data supporting it.

LR: So that leads to my next question: The mayor has relaxed the quarantine rules so that any student that is three feet or more from any student that tests positive does not have to quarantine. Does that make sense to you?

MO: That is the CDC recommendation. And again, the data came from a single study done prior to Delta, done last year, for which we believe that there are very serious methodological flaws. And it just defies logic. Imagine if somebody was three feet away from you and you both had a face covering and they were smoking. Could you smell the smoke? Of course, you could. Well, if you can smell the smoke, you also can transmit the virus. So that just makes no sense.

LR: That was my fear.

MO: Yeah, you’re right. To think that you’re going to stop transmission—an aerosol-related transmission—between two kids three feet apart with face cloth coverings, you need a dose of pixie dust.

LR: It’s incredibly frustrating because you have the mayor and the DOE telling parents that we’re safe.

MO: Everybody wants kids back in school, and I understand that. I want my five grandkids back in school. But I want it done safely. And right now, we are, for the purpose of getting kids back in school, totally missing the safety.

Our kids have basically become pawns in an effort to get kids back into in-class learning—which I fully support. I want that too. But we have to look at the safety—not only of the kids but of the teachers, the staff.

LR: So, what would a safe version of this look like?

MO: You’d have school rooms that would have at least five to six air exchanges an hour. You’d have additional filtration present, such as the HEPA filters that I’ve talked about [on my podcast]. You’d have a density of no more than kids at 3-6 feet apart. Every child should be vaccinated that can be, 12 and older, and all the faculty and staff should be vaccinated. You need to test, and the more you can test the better it is—antigen testing at least every day, or no later than every other day. And basically, quality masking—KN95s or N95s on the kids. Short of that, it’s going to be good luck. And, unfortunately, we shouldn’t be betting our kids’ health on good luck.


A few days after our initial conversation, I called back Dr. Osterholm to ask him about several new Covid-related developments. The first was that New York City had instituted a vaccine mandate for all school staff, which the mayor touted as a way to “keep kids safe and the whole school community safe.” The second was that, despite the return to schools and the cases popping up all across the system, New York’s overall Covid-19 rate hadn’t increased. I wanted to know what he made of both.


LR: So, in New York, the mayor has instituted a vaccine mandate for school staff. Should we expect that to help slow transmission? And does that make up for the other holes in the safety protocols?

MO: We’re seeing several things happen. Number one is that the number of people that need to be vaccinated in a given area needs to be exceedingly high to really reduce transmission. Second of all, we’re seeing an ever-increasing number of breakthrough cases that also may be infectious. We have schools where we’ve had a number of both staff and faculty who’ve actually been breakthrough cases just in the last week. Clearly, they could be infectious at the time during the school, even though they’re vaccinated. So this is why this whole concept of an additional dose of vaccines is going to be very important.

LR: While we’re seeing a lot of transmission in schools, the numbers in New York City are not going up. What’s going on?

MO: I talked about that in the podcast: Why is Southern California and the New York to Boston metroplex seeing so few cases? And there’s no answer to that. This is part of the mystery of this virus. Why did it miss those two areas? It has nothing to do with the populations’ being fully protected [meaning fully vaccinated], because they’re not. And this has happened before. I’ve talked about the sprint versus marathon virus: Why does it basically go for four to six weeks and then just boom, it drops? We don’t know that. And I can tell you that New York and Southern California are not done with this virus. They will see sizable increases in this virus at some point in the months ahead.

LR: I can’t say that makes me happy.

MO: I know, but I think we need to be prepared for it, both from a psychological standpoint and a practical standpoint. You always prepare for it.

LR: Would you send your kid to school? What does a parent like me do?

MO: Well, my grandkids are in school right now. They happen to be in a school district that is really doing a good job of trying to adhere to the best protection, but we’ve already had infections transmitted in the school. Kids have already been sent home. All I can say is they’re doing their best. My grandkids are in KN95 masks—and I can’t wait for the vaccine to be approved for the younger ages. I can’t wait.


Maybe we should file a safety grievance demanding KN95 masks for everyone involved in the schools. My wife and kids wear them.

Wednesday, October 06, 2021

DOE-UFT SPECIAL ED AGREEMENT

 

academic recovery

Dear UFT Member,

During yet another challenging school year, our members who work with students with IEPs are again being called upon to perform additional responsibilities. 

I am writing to share new information about an agreement between the DOE and the UFT regarding the implementation of the DOE’s academic recovery plan as it relates to students with IEPs. This agreement was developed to compensate you for your time preparing and developing Special Education Recovery Services Notices in SESIS and to prevent unreasonable workloads. I will also address a common question regarding the availability of testing accommodations during administration of the fall screeners.

 

Special Education Recovery Services Notices

 

The case manager for the student’s IEP is responsible for preparing the Special Education Recovery Services Notice, unless the case manager’s caseload is more than 30 students.

 

·     If a case manager has more than 30 cases, the balance of the caseload will be assigned to other members of each student’s IEP team with the exception of general education teachers. Typically, the task will be completed by a related service provider. When the Special Education Recovery Services Notice for a particular child is developed at an IEP team meeting that requires the participation of the school psychologist, the case manager would be the school psychologist. 

·     Employees cannot be required to duplicate the notice or provide information contained in the notice in any other format or in any system other than SESIS.

·     Those who prepare the Special Education Recovery Service Notices within the timelines will be paid up to two hours of per session (or applicable hourly rate) for each student.

 

See the Memorandum of Agreement »

The DOE has developed a webinar and step-by-step guide to assist you in completing the Special Education Recovery Services Notice in SESIS. Live webinars will be offered this Wednesday, Oct. 6 through Friday, Oct. 8, during school hours. The webinar will be available online for viewing afterwards, too. Information regarding the times for these webinars and the link for future viewing will be available on the DOE InfoHub on Oct. 12 and posted in the Students with Disabilities section of the UFT website shortly thereafter. 

 

Use of accommodations during screeners

 

   As with state exams, testing accommodations on students' IEPs or 504 plans should be implemented when the accommodation is permitted by the particular screener. Stated another way, the accommodation is available if the accommodation is BOTH stated on the student's IEP or 504 plan AND permitted by the particular screener. Providing an accommodation that is not permitted by either the student’s IEP or the screener invalidates the results. 

Please remember to register for our special education town hall scheduled for Thursday, Oct. 7. 

Thank you for your dedication to your students. 

Sincerely,

MaryJo

ICEUFT JOINS WITH OTHER OPPOSITION GROUPS FOR UFT ACTIVISM

ICEUFT and Educators of NYC at 7:00 tonight will be on Zoom to speak out about conditions in the NYC schools.

Here is the sign up information.


Coming next Wednesday, ICE-UFT will be joining with multiple other opposition groups for a Healthcare-Health and Safety rally at the UFT's first Delegate Assembly of this school year. Delegates, Chapter Leaders, rank and file active UFTers, retirees and others will all be there. I have never seen this kind of excited pulling together among opposition groups in the UFT.

UFTers have finally had enough.

Monday, October 04, 2021

CAMILLE ON ABC NEWS WORLD NEWS TONIGHT

 Camille is one of the the go-to people for the media on defending the vaccine mandate for teachers. First, CNN and now ABC News


Meanwhile, the UFT is now talking December for the arbitration on spring break 2020 pay and the Eric Adams endorsement was rubber-stamped by the Executive Board but there were some no votes.

Sunday, October 03, 2021

TEMPORARY CONTRACT FOR COVERAGES

The temporary coverage agreement email from President Mulgrew is copied in full below.


 

MULGREW’S EMAIL TO MEMBERS GOING ON UNPAID LEAVE

 

Friday, October 01, 2021

UFT TO ENDORSE ERIC ADAMS FOR MAYOR

We learned tonight that the UFT is planning to endorse Eric Adams for mayor. The Executive Board will vote on rubber stamp the endorsement Monday evening. That's right, we are now going to back the same Eric Adams that the UFT warned not to rank among our top five candidates before the Democratic primary in June. This is what President Michael Mulgrew declared as part of a statement before the June Democratic primary:

 “Both Andrew Yang and Eric Adams are supported by hedge fund billionaires and people who don’t care about equity and who don’t have the best interests of New York City’s children at heart,” Mulgrew said in a statement.

In the spring, President Mulgrew told us in great detail how dangerous Andrew Yang and Adams were. This is from my notes on Mulgrew's report at the May Town Hall.

During Bloomberg years, constant attacks on our Union. Closing schools and pushing students with greater needs kids into schools they wanted to close. That was some of the nastiest fights we have ever had. The accountability system was designed to say someone is a loser. If a teacher takes a child who was 3 grades behind and moved him up a level, that is a phenomenal success but schools that had kids at grade level were looking better. Rubber rooms, assaults against us. Person who ran Bloomberg's things was Andrew Tusk. He is running Andrew Yang's campaign. The group that he worked with was Students First. That is a pro-charter school organization. Students First is running independent expenditures for Eric Adams. They are probably working together (Yang and Adams and Students First). Not trying to promote conspiracy theories but this is a fact. We closed and opened in September after having a greater loss than any other system. We figured everything out with safety, livelihood and profession. Now we have another challenge. Students First want us to go away. They will go to large lengths to make us go away. 

But now, apparently, Adams has done a 180-degree turnaround. He is now a man of the people who gets his money from small donors, cares about equity, loves public schools, loathes charter schools, denounces Students First, and has the best interests of New York City's children at heart. Yeah, right.

No UFT, Adams hasn't changed. You want evidence: Who is Adams leaning on for advice and money? Michael Bloomberg.*

This is from a September 27, 2021 NY Times piece:

In the lead-up to and aftermath of the New York City mayoral primary, Eric Adams and his team sought guidance from current and past city leaders — first, to help craft his successful bid for the Democratic nomination, and then to prepare for a likely transition to the mayoralty.

But Mr. Adams has recently come to lean on one person in particular: Michael R. Bloomberg.

In mid-September, Mr. Bloomberg released a video endorsement of Mr. Adams for mayor. The next day, at a business conference featuring various of Mr. Bloomberg’s fellow billionaires, Mr. Adams declared, “New York will no longer be anti-business.”

Two days later, Mr. Bloomberg hosted a fund-raiser for Mr. Adams on the roof of the East 78th Street headquarters of Bloomberg Philanthropies, featuring dozens of guests, several of them financial sector executives.

There is a real alternative to backing Adams.

The best action here for the UFT would be to stay neutral in the mayor's race and put all of our money and energy into ending mayoral control which sunsets next June at the state level and has to be renewed by the State Legislature and Governor Kathy Hochul. We should be preparing our members for a necessary fight that we can win in Albany to take away the mayor's power over the schools. Instead, we are going to be backing the corporate-charter friendly Adams. The UFT will endorse just about anyone with a (D) after their name, even if they were working with Students First to make us "go away" as Mulgrew stated. Why is this man still representing misrpresenting us?


*The NY Times article was not in the original posting.

DE BLASIO SAYS MANDATES WORK AND 93% OF NYC TEACHERS ARE VACCINATED (Update: US Supreme Court Justice Upholds Vaccine Mandate)

Bill de Blasio on Morning Joe says 90% of DOE employees are vaccinated with at least one dose, 93% of teachers, and 98% of principals. He adds that mandates work. 83% of adults have had at least one dose in NYC according to the mayor. He is asked about shortages for next week when the mandate that sends unvaccinated school employees on involuntary leave policy goes into effect and he answers that we have thousands of thousands of qualified substitutes who are ready to go. 

The hosts don't press him on COVID-19 cases in schools. 

The information from the NYC Situation Room:

  • A grey dot indicates a member of the school community has tested positive but the school community was not exposed.
  • A blue dot indicates one or more classrooms closed in a school.
  • An orange dot indicates one or more classrooms are partially quarantined in a school.
  • A purple dot indicates a school has one or more non-classroom quarantines.
  • A yellow dot indicates a school has multiple cases under investigation.
  • A red dot indicates a school that has transitioned to fully remote for 10 days.



There have been 3,030 positive cases since September 13. 

When the Morning Joe crew asks the mayor about his biggest disappointment, de  Blasio says it's homelessness but the panel never follow up by talking about the mayor's delayed COVID response in early March of 2020 that let COVID-19 get out of control. NYC was the epicenter of the pandemic and to date has over 34,000 deaths from the coronavirus. His and former Governor Andrew Cuomo's weak and delayed response helped lead to a good many of those fatalities as I see it. 

I hope that the mayor is right and that schools are safe so COVID does not spread out of control in the schools but I think we should keep our guard up.

I support the mandate but I don't want to see anybody go on involuntary unpaid leave because someone doesn't have at least one COVID shot. Please get vaccinated if you have not yet done so. 

Update:
US Supreme Court Justice Sonya Sotomayor decided today not to block the mandate so the vaccine mandate went onto effect for school employees in NYC at 5:00 p.m. today.

Thursday, September 30, 2021

DEPARTMENT OF EDUCATION SAYS EVERY TEACHER RATED EFFECTIVE LAST SCHOOL YEAR WAS ACTUALLY LESS THAN EFFECTIVE IN 2019-20 WHEN EVALUATION WAS WAIVED SO THEY MUST HAVE A FORMAL OBSERVATION IN 2021-22

As most teachers are having their Initial Planning Conference for this year with their assistant principals and many teachers were rated Effective last year, you should be entitled to only have to put up with two informal (15 minutes or more) observations this school year as a minimum. That's sufficient for the state and most sane administrators.

Observations can be a complete waste of time and except for newer teachers who need the feeback, observations rarely provide anything but a kind of going through the motions' dance routine where everyone plays the game. Since Advance came in as the new evaluation system in 2013, most teachers who are tenured do not have to put up with a full period formal observation with a pre-observation conference with the assistant principal unless they want one. That has changed for this school year. 

The DOE has decided that all teachers who were rated Effective last year were less than effective the prior 2019-2020 school year. That was the year during the height of the pandemic in NY when the school year was interrupted in March and the teacher evaluation system was properly waived for the year as the system went to remote learning. Now as yet another punishment for tenured teachers, the DOE is adding a formal observation as a requirement for this year. 

Let's look at the actual contractual language from the Memorandum of Agreement to see how the  DOE is working around the spirit of the Contract by literally following the Contract. Please note that the current Contract that was agreed to by the UFT and DOE was settled in 2018 and still has not been reduced to a written Agreement three years later. All I have a link to is an MOA. The UFT and DOE had plenty of time before the pandemic to agree on language and put it out in writing in a Contract but apparently, they both had better things to do like harassing or not protecting teachers. I digress. Back to the main point, here is the language on observations for effective teachers with tenure:

Teachers that completed probation who received Effective as their final APPR rating in the previous year and in the year before that received a Highly Effective Effective and/or Satisfactory shall have a minimum of two observations that are used for evaluative purposes.

So the DOE is saying that the "year before" is 2019-20 so every teacher was less than effective or satisfactory that year when nobody was rated because of the COVID pandemic. That is a BS interpretation. No other way to put it. Tenured teachers rated effective and their assistant principals have a new burden of two extra meetings (pre and post-observation conferences) and a mandated full period observation.

This is my guess on how this happened:

DOE administrator calls Mike Sill: Effective tenured teachers should get one formal and three informal observations because nobody received a rating in the year before which was 2019-20

Sill response: That doesn't sound right so maybe you can cut it down to a formal and an informal so we can claim another retreat is a great union victory?

DOE administrator: Okay.

The UFT advice from one district representative is that although this violates the intent of the Contract, choose to have the formal observation in the spring as by then maybe we can resolve this.

Translation: If Mulgrew can suck up to probable new Mayor Eric Adams enough, perhaps we can persuade Adams to change this policy in January and go back to two informal's.  

The UFT could be telling teachers that we don't accept this policy and we will fight it at the State Education Commissioner's level or at the Public Employees Relations Board as no teacher had a chance to be rated in 2019-20 so the 2018-19 ratings should stand as the "year before" because that was the previous full school year. No teacher or assistant principal should be sanctioned with extra work because of pandemic conditions they could not prevent. My guess is the Council of Supervisors and Administrators might be okay with our objection as I don't believe most assistant principals want to be burdened with formal observations for effective, tenured teachers. The State accepts teacher ratings with two informal observations

Anyway, we warned back in 2018 that the way the DOE and UFT wording for the reduction in observations was inadequate. 

A minimum of two observations for some teachers is a gain. It is better than this year’s minimum of four (informal) observations. However, it only impacts tenured people who are rated highly effective the prior year or effective the past two years. The teachers who need relief are the people rated ineffective who will now have a minimum of one additional observation for a total of five and many of the probationary teachers who are drowning in work. Their observations remain unchanged at a minimum of four. How about a maximum number of observations like they have in Buffalo and many other districts in NYS? How about agreeing with the DOE to jointly go up to Albany to attempt to enact legislation to rid New York of the whole stupid evaluation system where teachers are rated based on scores on invalid-unreliable student assessments and classroom observations from the awful cookie cutter Danielson Framework?

Tuesday, September 28, 2021

LEONARD PITTS SAYS GOODBYE AND GOOD RIDDANCE TO THE UNVACCINATED

The piece below is from the Miami Herald from syndicated columnist Leonard Pitts. My copy is from the St Louis Dispatch. I wish we could come together and vaccinate everyone.

I feel medical exemptions should be granted if a doctor believes it is medically necessary to not be vaccinated but otherwise taking the vaccines helps us all. I support the mandate for anyone who works in a school and other vaccine mandates too. I have no real issue with courts that have ruled in favor of mandates on public health grounds.

Let's hear from columnist Leonard Pitts on vaccine mandates:


Pitts: Goodbye and good riddance to those who would quit work to avoid the vaccine

Sept 27, 2021 

“If you want to leave, take good care, hope you make a lot of nice friends out there.”

— from “Wild World” by Cat Stevens

This is for those who’ve chosen to quit their jobs rather than submit to a vaccine mandate: No telling how many of them there actually are, but lately, they’re all over the news.

Just last week, a nearly 30-year veteran of the San Jose Police Department surrendered his badge rather than comply with the city’s requirement that all employees be inoculated against the coronavirus. He joins an Army lieutenant colonel, some airline employees, a Major League Baseball executive, the choral director of the San Francisco Symphony, workers at the tax collector’s office in Orange County, Florida, and, incredibly, dozens of healthcare professionals.

Well, on behalf of the rest of us, the ones who miss concerts, restaurants and other people’s faces, the ones who are sick and tired of living in pandemic times, here’s a word of response to those quitters: Goodbye.

And here’s two more: Good riddance.

Not to minimize any of this. A few weeks ago, a hospital in upstate New York announced it would have to pause delivering babies because of resignations among its maternity staff. So the threat of difficult ramifications is certainly real. But on the plus side, those who are quitting work go a long way toward purging us of the gullible, the conspiracy-addled, the logic-impaired and the stubbornly ignorant. And that’s not nothing.

We’ve been down this road before. Whenever faced with some mandate imposed in the interest of the common good, some of us act like we just woke up on the wrong side of the Berlin Wall. “There’s no freedom no more,” whined one man in video that recently aired on “The Daily Show.” The clip was from the 1980s, and the guy had just gotten a ticket for not wearing his seatbelt.

It’s an unfortunately common refrain. Can’t smoke in a movie theater? Can’t crank your music to headache decibels at 2 in the morning? Can’t post the Ten Commandments in a courtroom? “There’s no freedom no more.” Some seem to think freedom means no one can be compelled to do, or refrain from doing, anything. But that’s not freedom, it’s anarchy.

Usually, the rest of us don’t agonize over such intransigence. Often it has no direct impact on us. The guy in “The Daily Show” clip was only demanding the right to skid across a highway on his face, after all. But now people claim the right to risk the healthcare system and our personal lives.

So if those people are angry, guess what? They’re not the only ones.

The difference is, their anger is dumb, and ours is not. Theirs is about being coerced to do something they don’t want to do. Like that’s new. Like they’re not already required to get vaccinated to start school or travel to other countries. For that matter, they’re also required to mow their lawn, cover their hindparts and, yes, wear a seatbelt. So they’re mad at government and their job for doing what employers have always done.

But the rest of us, we’re mad at those people. Because this thing could have been over by now, and they’re the reason it isn’t.

That’s why we were glad President Joe Biden stopped asking nicely, started requiring vaccinations everywhere he had power to do so. We were also glad when employers followed suit. And if that’s a problem, then, yes, goodbye, sayonara, auf wiedersehen, adios and adieu. We’ll miss all of those people, to be sure. But they’re asking us to choose between their petulance and our lives.

And that’s really no choice at all.


While Pitts makes many valid points that I wholeheartedly agree with, I don't want to say goodbye and good riddance to any of you. I would rather everyone who is not yet vaxed for COVID go get their jab before Friday at 5:00 and upload the proof so you can stay employed and not have to go on an involuntary leave. The DOE will even give you some days if you have some side effects from the shot.

Monday, September 27, 2021

FEDERAL 3 JUDGE PANEL RULES VACCINE MANDATE IS ON AGAIN; TELL US ABOUT YOUR SCHOOL'S COVID CONDITIONS ON ZOOM SPEAKOUT ON WEDNESDAY, OCTOBER 6 (New Date) AT 7:00 PM

This is from US News and World Report this evening:

A vaccine mandate for more than 150,000 teachers, custodians, school aides, cafeteria workers and other school staff in New York City can proceed as planned, a federal appeals panel ruled Monday evening – a decision that reverses the temporary block put on it over the weekend.

Unions representing the city's teachers and principals had been urging Mayor Bill de Blasio to delay the vaccine requirement as concerns mounted that the country's largest public school system could find itself with a shortage of 10,000 teachers and staff overnight.

More from the AP and PIX11:

NEW YORK (AP) — The nation’s largest school district can immediately impose a vaccine mandate on its teachers and other workers, after all, a federal appeals panel decided Monday, leading lawyers for teachers to say they’ll ask the U.S. Supreme Court to intervene.

Teachers and school staff will have until Friday to get vaccinated. The city will implement the vaccine requirement on Monday, Oct. 4, according to the Department of Education and Mayor Bill de Blasio.

“Vaccinations are our strongest tool in the fight against COVID-19 — this ruling is on the right side of the law and will protect our students and staff. The mandate will go into effect on Friday, end of day so that by Monday, Oct. 4, 100% of educators and staff in our buildings will be vaccinated,” a DOE spokesperson told PIX11.

Further down:

On Sunday, the city submitted written arguments to the appeals court, saying the preference by some teachers “to remain unvaccinated while teaching vulnerable schoolchildren is dwarfed by the public’s interest in safely resuming full school operations for a million public school students and ensuring that caregivers citywide can send their children to school secure in the knowledge that sound safety protocols are in place.”

City lawyers said courts have long recognized that vaccination mandates do not spoil the constitutional rights to due process that workers enjoy and have rejected similar challenges for over a century.

“Put bluntly, plaintiffs do not have a substantive due process right to teach children without being vaccinated against a dangerous infectious disease,” they wrote. “The vaccination mandate is not just a rational public health measure, but a crucial one.”

Michael Mulgrew, president of the United Federation of Teachers union, said Monday night that while about 97% of its teachers are vaccinated, a recent survey revealed only one-third of UFT chapter leaders believe their schools can operate under the mandate without disruption.

“The city has a lot of work before it to ensure that enough vaccinated staff will be available by the new deadline,” Mulgrew said. “We will be working with our members to ensure, as far as possible, that our schools can open safely as the vaccine mandate is enforced.”

Is it safe in the schools? Tell us what is going on in actual school buildings.

The Independent Community of Educators and Educators of NYC will be cosponsoring along with Educators of NYC a speakout on Wednesday, October 6 at 7:00 PM. (New Date)




You don't want to miss New York City educators speaking out about the UNSAFE school conditions due to lax COVID-19 protocols during the ongoing pandemic.

____________________________________

Hello, New York City public school family!

How UNSAFE are NYC schools during this 2021-22 reopening in the midst of the pandemic?

Educators of NYC and the Independent Community of Educators will team up this month to share educators' stories about the lax COVID-19 protocols and unsafe conditions we are seeing in New York City schools on Wednesday, October 6 (New Date) at 7 p.m.  It will be a Zoom and Facebook Live event.

RSVP now at:  http://toounsafe.educators.nyc

This is all framed on the heels of a recent internal UFT survey that shows that chapter leaders are overwhelmingly in consensus that protocols are not being followed with fidelity, along with a flawed COVID-19 testing program, relaxing of quarantine requirements, a poorly implemented vaccination program, refusal to provide a remote option, ongoing ventilation issues and a fluid city plan that changes almost weekly.



Do you have a story you want to share?  Want to stay anonymous?

Send it to us via email to: info@educators.nyc

Please omit any identifying details within your story. We will have another educator read & share it during our online live event.

We look forward to seeing you on Wednesday, October 6th.

Love always wins.

Sunday, September 26, 2021

LOS ANGELES MOU FOR THIS SCHOOL YEAR HAS 5% TEACHER RAISE, $2,500 TECH STIPENDS, NO EVALUATION FOR MOST TEACHERS; UFT AGREEMENT FOR THIS YEAR IS FOR A FEW PER SESSION HOURS FOR NYC TEACHERS

United Teachers of Los Angeles once had leadership like Unity here in NYC that according to dissidents I met in 2013 were more concerned with looking out for themselves than their members. The LA teachers voted out their Unity style leaders and elected a coalition of dissidents in 2014. Led by Alex Caputo Pearl, LA educators went on strike in 2019 where they actually achieved lower class sizes among other gains. 

Alex stepped aside to be a vice president in 2020. (He doesn't believe he is president for life or until he can get the AFT presidency or some other well-paid gig.) Cecily Myart-Cruz is now the UTLA President. Under her leadership, UTLA has just negotiated a COVID-19 Contract for the 2021-2022 school year that will be voted on this week by the entire membership. What did Cecily and her team get for her members in what they called reopening bargaining? A pretty good deal if you ask me.

From the summary page on UTLA's site:

Compensation: UTLA members will receive a 5% ongoing raise along with a one-time $2,000 stipend for this school year and a one-time $500 technology stipend for last school year.

Nurses will also be entitled to a retention bonus for each year they stay.

Evaluations: There will be no evaluation for permanent educators who have not received a below standard evaluation in the last five years.

Remote learning: To address severe shortages in the City of Angels online programs, all UTLA members (including members seeking reasonable accommodations) have the option to volunteer for temporary assignment to City of Angels. If additional teachers are needed, the district may temporarily assign some teachers who have been protected from displacement at overstaffed schools. All teachers assigned to City of Angels have return rights to their current school.

Safety: -Continued regular testing of all students and staff, regardless of vaccination status, through at least December 17, 2021.

The actual wording on COVID-19 testing from the UTLA LAUSD Memorandum of Understanding:

The District shall make every effort to conduct weekly COVID-19 testing of all students
and staff through December 17, 2021. During this time, the District shall continue to
make free COVID-19 testing available to students and staff during normal work hours,
with every effort made to ensure a result turnaround time of no more than 48 hours.
Thereafter, the District shall make every effort to conduct weekly COVID-19 testing of
all unvaccinated individuals. The parties agree to meet and bargain over potential
changes to this requirement at the request of either party after December 1, 2021.

Back to the summary:

-Continued mandatory masking, indoors and outdoors, for all people on campus and continued use of MERV filters or equivalent air filtration systems for all classrooms until at least December 1, 2021.
-New LAUSD Quarantine Checklist of required actions by site administrators and the district when a student or employee tests positive for COVID-19 and/or students are quarantined.
-Students who must quarantine will have access to Zoom livestreaming for at least 50% of the instructional day, the timing of which will be determined by the teacher.

For those who believe the live streaming will be a burden on teachers, there are real safeguards built in:
Again, from the agreement:

The District and UTLA recognize that the classroom teacher will provide live access
to their classrooms for quarantined students, but the degree of live interaction with
quarantined students shall be determined by the teacher in order to ensure high quality instruction for and the supervision of in-person students.

D. Classroom teachers providing livestream access for quarantined students or live
virtual instruction if an entire class is quarantined shall not be held responsible for
technology problems that hinder or prevent livestream access for quarantined
students or live virtual instruction if an entire class is quarantined, including, but not
limited to, students being unable to get access to the classroom. Classroom teachers 
will notify the site administrator/designee as soon as practically possible when
classroom technology issues prevent student access.

E. The District shall not record classroom teachers providing instruction under any
circumstances without prior approval of the classroom teacher, including, but not
limited to, when they are providing access to live virtual instruction for quarantined
students.

F. The District shall inform students, and the parents/guardians of students that they are
not allowed to record classroom teachers providing instruction under any
circumstances without prior approval of the classroom teacher. Students, and the
parents/guardians of students, shall be required to honor all provisions of the LAUSD
Responsible Use Policy for District Computer Systems.

The language is very teacher-friendly.

In NYC, Michael Mulgrew is our leader. It seems like every time he talks about bargaining with the Department of Education he says the name Mike Sill. What did Sill and Mulgrew get UFTers for this year?

  • You will receive $225 on Oct. 31 for setting up your digital classroom.
  • Two hours of per-session pay per week for each partial closure of two or more days
  • One hour of additional per-session pay per additional course taught in middle and high school (not each section)

Turning on a Zoom for COVID-19 quarantined students this year for a 5% permanent raise in addition to a $2,500 tech bonus in LA and a real remote option or $225 to set up a Google Classroom and a few forced overtime hours at a lower per session pay rate in NYC. Also, most veteran teachers won't be subject to evaluation this year in LA while power hungry administrators are already starting their ridiculous walk-throughs in NYC. I think UTLA has a better deal than the UFT by about a thousand miles.

What did the members of UTLA do to get to this point? The first step was they voted in new, rank and file centered leadership in 2014 and reelected them in 2017. Then, they mobilized and went on strike in 2019. Now they are respected even as they switched leaders. 

More proof that the answer in NYC is not to ditch the UFT but to get a coalition together to oust Mulgrew-Unity from power in 2022 and start listening to teachers. The regular LA contract is up in 2022 just like the UFT's. We can follow the LA model. It's up to all of you.

Saturday, September 25, 2021

FEDERAL APPEALS COURT PUTS VAX MANDATE ENFORCEMENT ON HOLD FOR NOW (Updated with UFT Reaction)

This came from Sue Edelman on Twitter today. I don't know why it is not yet in the headlines everywhere.


The story is at SIlive.com:

UPDATE: Early Friday evening, a federal appeals court granted a temporary injunction staying the enforcement of the mandate requiring all city public-school employees to be vaccinated against the coronavirus (COVID-19) by Monday.

The United States Court of Appeals for the Second Circuit said the injunction is in place only until a three-member panel of the court can review an appeal of a Brooklyn federal court judge’s ruling on Thursday, which upheld the mandate.

A group of teachers had filed a suit two weeks ago seeking to block the vaccine requirement. The teachers are appealing the ruling by Judge Brian M. Cogan.

The review, which is on an expedited basis, could possibly occur over the weekend.

“We’re confident our vaccine mandate will continue to be upheld once all the facts have been presented, because that is the level of protection our students and staff deserve,” said a Department of Education (DOE) spokeswoman. “Our current vax-or-test mandate remains in effect and we’re seeking speedy resolution by the Circuit Court next week. Over 82 percent of DOE employees have been vaccinated and we continue to urge all employees to get their shot by September 27."

UPDATE: Sue Edelman on Twitter with a response from Leonie Haimson:



Sound advice, Leonie.

UPDATE-UFT STATEMENT FROM TWITTER:


Why doesn't the UFT, like Leonie, advise its members to get vaccinated in their official statement?

MULGREW-CSA SAY CITY HAS NO PLAN FOR TUESDAY;WE HAVE THE DOE PLAN

This was in Bloomberg:

The presidents of New York City’s teachers and principals unions urged Mayor Bill de Blasio to push back his Tuesday deadline for staff to be vaccinated against Covid-19, warning it will result in employee shortages that will imperil the safety of children.

Michael Mulgrew, president of the United Federation of Teachers, and Mark Cannizzaro, president of the Council of School Supervisors & Administrators, said they are urging the delay because the district has no plan to redeploy substitutes and central office employees to hundreds of schools with high absentee rates of educators and maintenance staff. 

Does the DOE lack a plan for Tuesday?

This came our way earlier:


To: ChiefOperatingOfficer 
Subject: Planning for 9/28
 
Dear Principals, 

 

Good morning everyone. As you are aware, to ensure the safety of our school communities, the City and DOE issued a vaccine mandate for all staff. This mandate requires all personnel to be vaccinated (first dose) by end of day Monday, September 27, with proof submitted in the DOE COVID-19 Vaccination Portal. As previously shared in Principals Digest, you can access information in the Vaccination Portal on the compliance status of your staff.  

 

You may have also seen that yesterday, a judge recognized the City’s legal authority to implement this mandate and removed a Temporary Restraining Order that had been issued on September 14th.   

In preparation for September 27th, I know we are all closely monitoring staff vaccination rates at schools to ensure our students’ needs are met first and foremost – the most critical job we have as a school system. Below you will find some of the ways we’re planning to support your school if there are any potential staffing gaps: 

  •  New Allocation to Prepare for Tuesday, September 28th: On Monday, schools that need staffing support will receive a new funding allocation for staffing coverage. This allocation will be based on the number of staff in your school who have not complied with the vaccination mandate. It will provide funding for up to two weeks of coverage needs.  Additional funding will be allocated as needed in the coming weeks as we get a clearer picture of your schools longer-term staffing needs. 

    • Details about how the funding can be used, including which titles can be scheduled with these funds, will be provided in the School Allocation Memorandum (SAM) when it is released on Monday, 9/27. Your BCO budget director can assist you with any questions that you may have about this allocation.  Right now you can plan to use the funding to support: 

    • Substitute teachers and education paras 

    • F-status staff 

    • Supervisor per session

    • Coverage/6th period shortage

Schools may also continue to nominate new candidates as substitutes.  As a reminder, subs also need to upload proof of first dose of a COVID-19 vaccine in the DOE COVID-19 Vaccination Portal, and their eligibility to work will be visible in SubCentral.

  • Existing funds - Schools can also use existing allocations which allow for the type of services needed, including funds already scheduled to support staff coverage needs such as per diem. This includes SAM 57 funding and COVID-19 Planning SAM funding 

  • Certified teacher pool  Similar to last year, schools can consider hiring certified teachers as unappointed (regular substitute) teachers for the balance of the semester or school year. Schools anticipating year-long vacancies due to employees choosing a Leave Without Pay (LWOP) should consider this option to secure semester or year-long coverage. Candidates in the New Teacher Finder have recently indicated their continued interest and availability.   

  • Central redeployments  UFT employees staffed at central locations were notified yesterday that they may be redeployed to schools, starting September 28. This includes UFT pedagogical staff who are licensed to teach to classrooms for the 2021-22 school year and non-pedagogical employees who can fill other important roles within our schools. Any initial assignments will be temporary (e.g., up to 2 weeks) to provide schools with time to assess if continued support is needed before any assignments are extended. If you anticipate that your school will need redeployed staff to help cover for staff placed on LWOP starting on September 28th, please notify your Superintendent and BCO Director of Finance and HR as soon as possible and no later than Friday.  

 

Note that after the September 27th deadline, schools will see staff transactions happening on their TOs in Galaxy to reflect the fact that staff who have not uploaded proof of vaccination are not being paid.  Please do not try to adjust any of the actions being taken centrally. Your BCO Director of Finance and HR can explain to you the reasons for the actions being taken and the steps that will be taken to return staff from leave if they choose to become vaccinated 


Please note, employees represented by unions with an arbitration decision with the DOE and who were denied a COVID-19 Vaccine Mandate Related Accommodation or Exemption could appeal the denial. Some employees will be afforded appeal hearings.  The Scheinman Arbitration and Mediation Services (SAMS) oversees the appeals process and will be scheduling remote hearings. The hearings will last up to 20 minutes. If a represented employee shares documentation of a hearing, you should release them for the remote hearing for up to 20 minutes.  


Thank you for all you do for your school communities and your continued leadership!



Sincerely, 


Office of the Chief Operating Officer 


The DOE clearly has a plan. Whether it is adequate enough to meet the challenge, I leave that up to you.

Meanwhile, what is the UFT and CSA doing to address this?

Back to Bloomberg:

Across all city public schools, 789 classrooms were fully closed and 663 were partially closed since school opened on Sept. 13, according to the Department of Education. Between September 13 and 24, there were 1,899 total cases of COVID-19: 1,299 students and 600 staff.