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Judge Backs Union in Turnaround Ruling

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July 24, 2012, 7:32 p.m.

State Supreme Court Judge Joan B. Lobis ruled Tuesday in support of an arbitrator who found that the city improperly removed staff members in an effort to turn around 24 struggling schools, essentially backing the unions’ position and allowing the affected schools to complete their staffing for the new school year.

Still, the dispute isn’t technically over. The city’s lead lawyer, Corporation Counsel Michael A. Cardozo, vowed to appeal.

“The mayor and chancellor will not allow failing schools to deprive our students of the high-quality education they deserve,” he said. “Although we will of course comply with the judge’s ruling, we strongly disagree with it — and we will be appealing.”

Adam Ross, a lawyer with the teachers’ union, the United Federation of Teachers, called on the city to drop its case.

“They’ve now lost at arbitration level, they’ve lost at Supreme Court,” Mr. Ross said. “We would like to get to the business of staffing these schools and getting ready for the opening of schools in September.”

In late June, the arbitrator, Scott E. Buchheit, blocked the city’s effort to close and reopen 24 schools with almost all new staff members, saying it violated the city’s contracts with the teachers’ and principals’ unions.

On Tuesday Judge Lobis agreed.

“Since I find that the staffing questions are covered by provisions in both the collective bargaining agreements, I believe the arbitrator was within his authority to determine this grievance,” she said.

“The issue of staffing is intertwined with the questions of seniority, excessing and discipline of teachers and supervisors, all of which are specifically covered by the collective bargaining agreements,” she added.

At the hourlong hearing, a city lawyer argued that the Department of Education had every right to dismiss the teachers at the 24 schools and hire back at least half under a provision of the union contract that kicks in when a school is closed and replaced with a new one. Because both the city and the state had approved of the turnaround plans, he argued, the arbitrator had exceeded his powers in finding the schools weren’t really new.

The city originally intended to improve the schools with federal grants of about $60 million. But it lost the funds when it was unable to reach an agreement with union leaders on a new teacher evaluation system. The Bloomberg administration then embarked on a new “turnaround” strategy for the schools that relied on replacing personnel and renaming the schools.

By the end of June, the city had principals in place at 18 of the 24 schools. They will stay in their positions. But the principals who were in the process of being hired for the six remaining schools are a different matter, because the principals they were going to replace now have a right to return.

The principals’ union, the Council of School Supervisors and Administrators, says two of them will return to their old buildings but the other four have chosen new positions offered by the Department of Education.

“We are pleased that our contractual rights have been upheld and improper excessing has been deterred,” said the union president, Ernest Logan.

While the city plans another appeal, teachers and principals have no choice but to prepare for the fall. When asked how teachers would work with principals who may not have wanted them to return, Mr. Ross, the teachers’ union lawyer, said he did not expect any problems.

“I think everyone involved in the situation is a professional educator and that they are going to do what is best for the children in these schools,” he said.

Beth Fertig is a senior reporter at WNYC. Follow her on Twitter @bethfertig

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Shari Weiss July 17, 2012, 12:14 AM

I am a staff member at one of these schools and it was without a doubt the hardest year of my career. The stress level that we have been under, the constant media bashing of teachers at these so called failing schools - even the Mayor thinks we should all lose our jobs - it has taken its toll of all aspects of my life. Even now, on summer vacation,I can't let any of it go, and find myself constantly checking on any news about my school and my job.
I think the arbitrator understood what we have been trying to get everyone out there to understand - this was never about improving schools. This was a way to get rid of teachers and he said so when during his January speech he said that it didn't matter if schools got the SIG money or not. He truly believes that teachers are to blame when students don't do well....not parents, not the students themselves...not even him. I'd love to know how he came to that conclusion, because at my school, that is as far from the truth as possible. The teachers I work are amazing,caring individuals who will do whatever they need to get students on track, passing classes and Regents exams. Our stats have improved so much that we are above the City's average in a few areas. Even this failed to get us off the Turnaround list....
I am hopeful that the City will allow the 24 schools to get back whatever SIG money they were currently receiving (in our case the Restart Model) and let us all do what we do best - teach our kids.

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Elizabeth Elder July 11, 2012, 7:00 PM

Each and everyone of us is affected by the horriblle decision to close all those schools made by a mayor intent on destroying the lives of the less than wealthy citizens of this city........Bloomberg can not do enough to try and make life as miserable as possible for them,,,,and Walcott is his lacky....can not wait for their terms of office to be over,

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Fast Eddie July 25, 2012, 12:20 PM

Please. "Bent on destroying"?? Over the top.

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Martin Haber July 24, 2012, 3:17 PM

Shari got it exactly right. If only Bloomberg would show the kind of courage he is showing in the criticism he is leveling so tenaciously at both the President and Romney for their "absent" responses in terms of the gun lobby's control of both parties, a courage I didn't even know he had. Can't he put it together that when you close schools like Dewey and the others you are dismantling a community, and taking away hope- and that is when the guns become attractive to kids who would otherwise be encouraged by what they are accomplishing at their school? I wish he would recognize that satisfying his corporate cronies so they could call the school system their very own "civil rights cause" is as unethical and damaging as bowing down before the NRA!!!

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Joe Jones July 25, 2012, 5:43 AM

So much for collective bargaining agreements! Even if a school is failing, they have to keep the inept teachers? Gee, that makes sense?

3 Replies
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DM Hedges July 25, 2012, 12:34 PM

Do we have to keep the inept students as well? How will we survive? Schools with failing students are failing schools. It's a little harder to prove that the teachers or the parents are to blame when the students fail.

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DM Hedges July 25, 2012, 12:35 PM

Do we have to keep the inept students as well? How will we survive? Schools with failing students are failing schools. It's a little harder to prove that the teachers or the parents are to blame when the students fail.

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Kim Barget July 25, 2012, 1:32 PM

Joe,
All teachers are subject to annual observations by administration. If there are "inept" teachers at any school the administration must award an unsatisfactory observation, make plans for improvement, and reevaluate. If a teacher earns three "U" ratings, then he/she is terminated. The UFT contract specifies due process for tenured teachers, not lifetime appointments. If there are "inept" teachers at any school, it's the administration's responsibility, not the teacher's, to move forward. Furthermore, those not in NYC public schools don't understand the immense social issues faced by many NYC students dealing with poverty, weak and inefficient parenting, poor diets, lack of medical and dental care, and a culture that places significance on street justice rather than academics. We teach children who have never been to a library, never seen an adult reading at home, or have never had a book read to them at bedtime. I was shocked when I took my first class to the American Museum of Natural History from Brooklyn - most had never been away from their neighborhood or front stoop, let alone a museum or the theatre. When we went to Prospect Park for an Urban Rangers science class in the park, my students who live less than a mile away, never knew Prospect Park existed. Teaching in NYC is a daunting task. We try our very best to educate the whole child by instilling a love of learning, exploration, and discovery.

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Martin Richard July 25, 2012, 7:22 AM

You New Yorkers got exactly what you deserved when you re-elected that idiot past the term limits that were in place BEFORE he was originally elected. You had term limits and allowed him to usurp them so it is well deserved by the majority. Maybe you will realize that it was a mistake and re-impose the term limits but I doubt it. Bloomberg has destroyed the public confidence in NYC government and will continue to erode the freedoms of it's citizens with stop and frisk and a dozen or so more policies that have had no real impact on crime but have reduced the rights of the law abiding citizen. Theres an old saying NY...be carefull what you ask for cause you just might get it.

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Fast Eddie July 25, 2012, 12:25 PM

While I agree 100% with both the Arbitrator, and the Supreme Court Justice's ruling, we as New Yorkers have to insist that any new collective bargaining with the Teachers' Union has to include better ways of assessing performance and returning accountability. The poster above made it clear that everyone involved feels it is not their fault, that they are not to be held responsible or accountable for failing schools. That cannot go on. SOMEONE has to be held responsible when students are forced to go to a school where failure is a strong possibility.

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Kimberly Walton July 25, 2012, 8:45 PM

The mayor and chancellor are at fault...they created the entire system that teachers, parents, and students must navigate every day. If a school or a student is failing, Bloomberg and Walcott should be accountable.

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Robert Moses July 26, 2012, 11:46 AM

What is best about Turnaround at Richmond Hill is that High Schools that (don't) work and the Principal who hired them have been thrown into the ash bin of history. The ineffective former principal is heading out to train other principals how to create a culture of "failure" at their schools and HSTW frequent flyers are now scrambling to find ways to attach to the schools budget and curry favor with their new leadership academy lackey, who is expected to bring the school back after three years teaching.Please "just say yes to our money". Sounds like we are heading towards closure or more years of low performance at RH. My colleagues and other UFT members citywide believe our students deserve a better turnaround plan than this.

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