Showing posts with label JW Email. Show all posts
Showing posts with label JW Email. Show all posts

Sunday, November 07, 2010

EMAIL no. 4 Nov.6, 2010 from JW

Hello, good day.

This email focuses on a Special Ed report given at a UFT meeting last week by Lisa Mendel.  I wrote a similar one a couple of years ago, but there are new things, so I thought it needed updating.

I think I may have to write another email by tomorrow, because there's been a Del. Assembly and some other things to talk about, but truly: the Ed Deform tsunami is wearing even the activists down, especially — like in New Orleans — when the people you might have thought were on your side really are not. I'm talking about the UFT.


                     Best regards,

                                             JW

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BITS and PIECES

There's a rumor in the listservs that the UFT is going to agree to a 3-year contract with 2% each year. 

Ednotes talks about Diane Ravitch possibly derailing Superman for an Oscar.

Sign the petition:  "Our Teachers are Not Test Scores"  at Time Out from Testing.org.

ATRs:  My district rep said it's hard to get info from the DoE on what's happening with ATRs, because they keep changing the info about them, and their duties. This is one real big area where the UFT is not wielding a big enough stick. [JW: They could, though, if they'd stop collaborating.]

Observations:  Why the UFT isn't objecting to observations on people teaching out of license is really inexplicable.  The DoE comes at us like a truck, and the union makes sure the road is resurfaced.

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TRCs (RRs)

Now that the so-called RRs are closed, they can send you to work or spend time in various places but not out of your borough. A district rep told us they're assigning people to work at the Construction Authority.  An interesting post on this subject entitled The UFT Dies By Its' Own Hand appeared Thurs. on the NYC Rubber Room Reporter, from which this extract:  

The April 15 agreement signed by Mike Mulgrew and Joel Klein is a fake, published to keep the public quiet about how $millions of dollars of public money are being spent on an absurd process of removing employees from the New York public school system that is not based on fact or law. 

Indeed, the day of the announcement I received a call at home from the principal of a rubber room (each of the 8 'rubber rooms' had a 'principal' who watched over the room(s) at that location for the NYC DOE) at 8:15AM and he told me to get to a rubber room quickly, as the UFT was making an announcement about closing the rooms. Not one representative of the UFT told me about this agreement or the press conference announcing the so-called "end of the rubber rooms" (which everyone knew was not true). This was strange as I was specifically hired to work with the members placed into re-assignment centers ( as well as still working in their schools). Later that day we had our monthly meeting at the UFT with all the reps., liaisons from all the rubber rooms and district offices, and Co-Staff Director (and Secretary of the Unity Caucus) Leroy Barr told me that he "forgot" to tell me about the agreement, sorry. 

So, what did I do then? I read the agreement and was alarmed  enough to start asking questions about how the rights of members to due process were protected. I was told that I was a great advocate, but the UFT didnt need me anymore. Bye.

They were right. The UFT does not need, nor do they want, someone helping members if it means going against the NYC Board of Education in any way. I think its time to look more closely at the people who take members' dues out of every paycheck. Full disclosure: I am not bitter at all that I no longer work at the UFT, thus I will write about the staff as information, not as revenge. I write what I see. I will start profiling staff members on this blog very soon.



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ELA REGENTS
The state wants to schedule it for Jan 11th instead of during Regents week, Jan 25-28. The UFT wants to collect documentation/testimony why Jan. 11th is not a good idea (like schools having to cover teachers to mark them) and send this stuff to Leo Casey (HS V.P.). We were told he seemed to have gotten it partially fixed back in June 08 when the state tried to schedule the first Integrated Algebra Regents for a same day turnover.  In any case, the scantron for the ELA short answers will go directly to the state.

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SPECIAL ED FACTOIDS

Operating out of Aminda Gentile's office, Lisa Mendel receives notices of Special Ed violations through the UFT website.  She says she's the only one who knows you're reporting something, and within one week she'll respond to your complaint. Initially she'll make contact with the District Network Leader to let them resolve it. If after two weeks they haven't, she reports the violation to the State.  

       [JW:  Do not tell me that you will be anonymous in this process.  Somewhere along the line, they'll be able to peg you.]

Examples of typical Spec Ed. complaints.

         You have more than 12:1:1 or 15:1 kids in your class
         A 1:1 para is not being supplied
         A student is not getting speech, OT, or PT as stipulated on the IEP
         Mandated SETSS (Sp.Ed Teacher Support Service) is not being given
         CTT issues

When filing a complaint, you'll need to supply the name and OSIS of the student. She says she's been legally given the right  to look at any OSIS no. and IEP in the city because she's acting as a liaison. 
         
She also explained that for at the secondary level, spec. ed teachers of self-contained subject classes need to be "highly qualified" (or "HOUSSED") in that subject (e.g., ELA, Sci.).  You need 100 pts. to be "highly qualified."  50 of them can be awarded for majoring in the subject at the undergrad level; 10 pts are given for attending workshops; 10 pts more for attending faculty conferences; etc.    

By the way, the reverse is not true:  if you are a regular ed teacher, you cannot be HOUSSED in special ed.  In fact, Mendel stressed that self-contained classes being taught by regular ed teachers are totally illegal.  The UFT's position is that teachers should be strong against violations, but I think to some extent they have their collective heads in the sand.  Does one report the violation and perhaps cost people their jobs in the school?

Another violation that I believe is happening in many places is that when spec. ed students graduate from one level school to another (e.g., MS to HS), they are being automatically placed into the larger class size without re-evaluation. I was told by an administrator in my school that there "is no such thing" as 12:1 in HSS, so that MSS students coming into HSS get put in 15:1 automatically. No such thing, says Mendel. First of all, there is 12:1 in HSS, and not conforming to what is on the IEP that the kid walks in the door with — regardless of the new school or new level — is a violation.  What's needed is to re-evaluate the student.  [JW: and of course make the kid's needs conform to what the school can supply! Parents probably won't much notice the little "adjustment."  LOL.]  

Present at the IEP meeting should be the general ed teacher, the special ed teacher and the parent.  Nobody should be signing anything if they weren't at that meeting.  If let's say a special ed teacher arranges an IEP meeting according to when they themselves are available, then asks a general ed teacher to be taken out of class to attend, that teacher MUST BE COVERED -- and the "first-time" coverage rules do NOT apply. If you are asked to do this kind of coverage, you must (according to an arbitration decision) be covered. The special ed teacher setting up IEP meetings should clarify with the principal if they have the right to authorize coverages: the principal may not want to spend money on them.

Mendel mentioned that small adjustments to the IEP can be done without a real meeting.  If the reg ed and spec. ed teacher think a small change would benefit or at least be acceptable to the child, they can call the parent to ask permission without holding the meeting. 

         NOTE:   A spec. ed CL just wrote me:  "A change in an iep without a meeting can only be made
     after an annual review and parent must sign a form."

Alternative placement paras can be used for the whole class. 

Mendel explained the Phase I initiative, whereby 268 schools this year (25-30 in each of the 10 networks) are taking a close look at the special ed kids in their schools to see what can be changed/fixed.  Phase II will start in Sept 2011 and will include all schools in the city.  From then on, schools must keep their home-zoned kids; in other words, you can't exclude a student because you don't have a particular service for them, you have to create that service.  

She gave us some information about SESIS (Sp. Ed. Student Info System). The DoE is moving to a state IEP sometime next year — unless, she says, "We can stop it." I don't know what she meant by that "We":  the UFT — which hasn't been able to stop anything in recent memory — or the generic "we" (the city).  

In any case, the UFT describes the situation this way on its website:

"The DOE began rolling out a new special education data management system on a pilotbasis in 90 schools in May 2010. SESIS . . . will eventually capture and integrate all  of the information now held in CAP and SEC. Of more interest to members, SESIS  includes online versions of a variety of special education forms currently found in the appendix to the Standard Operating Procedures Manual (SOPM) as well as a new online ... IEP.     The format of the new IEP will be quite different from the one that has been in use for over a decade. In general, it tracks the model New York State IEP  which all school districts will be required to use  in the 2011-12 school year."

Looking at this website, I'm not at all sure what is being rolled out now and what will be rolled out in 2011: 

"MAXIMUS and the Department of Education have already begun to develop SESIS, and the system will be installed in selected schools in the fall of 2009 and rolled out in stages through the spring of 2011. The contract with MAXIMUS is for $54.9 million over five years. The Department of Education expects to spend an additional $23.7 million in internal costs during that time. Approximately 80 percent of the total cost will be covered with capital funding." 

        [JW: Quite clear is that this amounts to another corporate contract.]

NOTE:   The same spec. ed CL as above wrote me: "I am the official liaison for this delightfully horrid change. Myself and my school psychologist have been keeping a journal of  time we spend on the phone calling and waiting for answers from the SESIS Help  desk.  Lots  of time although not so much for me now. Problems to expect - the teachers have not really been given sufficient training so I have to sit with  them, at least the first time they go on the site to create an appointment letter and then the IEP. Many bugs to be fixed. And the teachers who are not computer literate (They DO exist) have a really hard time. My principal has allowed me a few per session hours to work with some of the teachers but it's not enough. ANd it's painful to watch them peck on the computer, I have entered some of the info for them. Anyway, this system will do away with the clerical worker jobs, the courier jobs, and eventually even the psych. supervisors. Big Brother watches everything you do on SESIS. It tracks compliance. It will save a lot of trees, however as everything will be paperless. Enjoy it!" 

If you want Lisa Mendel to give this same kind of presentation to your chapter, call Danielle — 212 598-9546. There's a waiting list, but they have time starting January.

Much information about Spec. Ed. can be found on www.uft.org under the "Teaching" tab, then go to Students with Disablities.  All of it is linked to the Board of Ed website. 


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PROGRESS REPORTS, SHMOGRESS REPORTS

For a quick read on Progress Reports, here's what the indefatiguable Leonie Haimson had to say in the past couple of weeks: 



The DoE is insisting we all become acquainted with the data systems, so I decided to give it shot. You can get PDFs of individual School Progress Reports, Surveys and Quality Reviews by finding a school at the bottom of the DoE main page, clicking the link "Statistics" in the little box that's superimposed over the map.  You can also get Progress Report info and files from this website. There's a Scoring Guide for the Survey and other stuff at this site.  

Regarding the Surveys, BOTTOM LINE is:  Be careful using anything and everything in these reports. Admittedly, I did not go through all these with a fine-toothed comb, but for example:

Obfuscation #1: on p.2, you'll see the "response rates" for Parents, Students and Teachers.  I could not find where response rate is defined, but presumably it means the numbers of responses returned — whether they be completed, partially filled out, or blank.  

Obfuscation #2:  p.2 does not give the numbers of Parents, Students or Teachers who exist at the school at the time the survey was created. Did guidance counselors, social workers and pscyhologists take the surveys and fall under the "Teacher" category?  If not, why weren't their opinions sought out?   

Minor obfuscation #3: can be found on p. 2 in the little chart announcing the percentages who took the survey online. That percentage may be quite high (100% at my school), but as colorful as that little graph is, no one should confuse the percentage of online submissions with the number of teachers taking the survey at all (which, I said was, in our case, only 39%). 

Giggle #1: on p.2 there's a chart that shows the difference between the percentages of teachers responding to this disgraceful survey in the past 3 years. In our school it went down from 84% (2008) to 81% (20089) to 39% (2010). 
         Possible explanation:  A couple of years ago, they made us do the surveys online at a faculty conference. But even then when the response rate was 84%, that meant 16% of teachers obviously didn't press SEND or were absent that day.  
         Giggle #2 (and Obfuscation #4):  Lo and behold, our "School Environment" rating on the 2010 School Progress Report went up by 2 points this year.  Clearly if the whole school is not made to do the survey online at a faculty conference and — HYPOTHETICALLY (of course) — the well-liked teachers are encouraged to fill it out, chances are the scores will go up. The 61% disgruntled, apathetic, and politically opposed teachers who do not take the survey at all are not represented in the results. 

Obfuscation #5:  The Scoring Guide says: "To calculate scores for each question on the Survey Report, response percentages are calculated by dividing the number of respondents selecting each choice by the total number of respondents who answered that particular question. "  Which makes the whole thing more ridiculous still. If someone feels a question is too ambiguous to answer or is disinclined to answer it for whatever reason, the question is left blank and not counted. By using percentages rather than actual numbers of responses, you can never get a real picture of what's going on. 

Giggle: #3:  on p.15 of the survey where it asks teachers if they feel supported, check out what percentages agree that they're supported by the Principal, the APs, and Other Teachers.  
        In our case, it was 62%, 78%, and 94%, respectively.  Apart from the fact that only 39% of teachers are responding at all — which shows a great deal of apathy or disgust with the entire process — and apart from the fact that we can't tell from this untransparent data how many responded to that particular question, the 94% figure might be an indication of who's doing all the elephant's share of "being supportive" at our school.

I'm not suggesting anyone wastes two hours with these documents like I just did. They are nothing but a tool that can be used for political agendas. The way they've been designed has little to do with the what's going on in our schools. 


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ATR AGREEMENT TO EXPIRE, BUT NOT ALL OF IT


There was some talk in here about what happens when the ATR agreement ends, but payment arrangements for the ATR salaries will continue.  The Nov.2008  side agreement: 
12:  This agreement will expire on December 1, 2010 although paragraphs 4, 5 & 6 will continue to apply to hiring done on or prior to that date, according to the specific terms set forth above. 
4 .   When a centrally-funded ATR is hired to fill a regular position in a school (other than the school from which the ATR was excessed), on or after November 1st of the calendar year in which they were excessed, central DOE will pay the difference between the actual salary of the teacher and a starting teacher salary, and then, in subsequent years, will continue to pay the difference between the actual salary and the subsequent steps on the salary scale (for example, in year 2, the difference between actual salary and step 2A on the salary scale). This subsidy will terminate once the excessed employee has been in the position 8 years.       
5. Until November 15, 2010 a school that hires a centrally-funded ATR to fill a regular position (other than a school from which the ATR was excessed) on or after November 1st of the calendar year in which they were excessed, in addition to being charged in accordance with ¶4 above, central DOE will credit the hiring school's budget one-half of the starting teacher salary that would  otherwise be paid by the school under 4 above.           
6. After November 1, principals can offer to hire centrally-funded ATRs for the balance of the school year on a provisional basis whereby ATRs accepting this offer can be excessed, regardless of seniority, at the end of the school year in which they are hired, or can opt to be placed in excess again at that time. If the ATR is not excessed again at the end of the school year, and does not opt to be placed in excess at that time, the ATR will become a regularly-appointed pedagogue at the school. The subsidies provided for in ¶4 & ¶5 above will not apply to ATRs hired provisionally pursuant to this paragraph, but will apply should such an ATR become a regularly-appointed pedagogue at the school. 

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CHANGE YOUR HEALTH COVERAGE THIS MONTH
From the CL Weekly:

                    "Please remind your members that during this once-a-year “open enrollment” transfer period for health coverage, Nov. 1 to 30, they can now go online both to review their current coverage information and to change that coverage. Access is through the Employee Self-Service System, as the city’s Health Benefits Administration advised members by email. Login instructions are in the email. Those unable to access the system can fax their changes directly to the Department of Education at 718-935-5125. Note that this is the last year faxes or paper copies will be accepted. Tell members they should not give forms to their payroll secretary; they must submit the forms themselves. Remember, the deadline for submission is Nov. 30. The changes are effective January 2011. Members can access the Welfare Fund’s website to view the comparison chart of the New York City health plans. Please note that the “Young Adult Age 26 Coverage” will become available in July 2011 for the NYC health plans."

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TEACHERS CHOICE DEBIT CARDS

Also from the CL Weekly. I never got this debit card or used one so I can't speak about yea or nay about it: 

               "Direct deposits of your Teacher’s Choice money are scheduled for Thursday, Dec. 9. Those members who are new hires and those who did not receive a debit card in previous years will be issued a new debit card with the Dec. 15 payroll. Those who received a debit card last year or the year before should make sure to activate your current debit card prior to Dec. 1. Otherwise, existing funding on the card will expire and cannot be replenished; plus, the card will be canceled, and you will not be issued a new card until after the holidays. All debit cards issued last year or the year before will be replenished on Dec. 15.  If you have any questions about the debit card, please call the Office of Special Projects at 718-935-3304. If you have lost or destroyed last year’s card, you must contact the Chase Customer Service's toll-free number at 866-795-3890 for a replacement card. You are entitled to one free replacement every year."                 
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More TIER 5 CLARIFICATION:
In response to a question on a listserv I sent around last time: "Did Randi and BloomKlein break the law when they negotiated a Tier 5 pension for NYC teachers?  In 1973 Albany enacted a law stripping counties, cities, towns and the like fo the ability to negotiate pension benefits with unionized public workers. City teachers have accepted a less generous Tier 5 for new hires, and the legislature honored he accord Bloomberg reached with them. But th erest of the workforce only has four tiers."

And the response at that time:  "That agreement also reduced our Fixed A to 7% while CSA and other unions are still at 8-1/2%."

Marian Swerdlow responded now : "Technically, they did not negotiate the actual change.  The union and management agreed to work together to get the legislation passed.  Only the state legislature can change the pension rules.  And they did.  The NYS legislature agreed to the new tier for new hires.  I guess that's what the writer means by "the legislature honored the accord."  They passed it into law.  So, no law was broken.  ) - :"



[[  Email no. 4 Part II - Nov.7, 2010 ]]


Hello, good afternoon,

Apart from obvious typos, here are the errata in Email no.4, which I sent yesterday:   

         1.  The ATR side agreement was Nov. (not Feb.) of 2008.

         2.  I should have written "fine-toothed (not tooth) comb."  (Darn this English language. It's like palying Gotcha.)

Lots of additions to that email, so I had to continue with this Part B.  

I'd like to shout out to teacher, outspoken ed activist, and GEM member Brian Jones for getting what looks like his picture on the UFT website on the Teaching tab. 
                      

                                                                                 JW


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SPECIAL ED FACTOIDS:  CONTINUED from Email no.4  . . . .

Someone wrote me these additions to "SPECIAL ED FACTOIDS":  "A change in an iep without a meeting can only be made after an annual review and parent must sign a form"       

 and      "I am the official liaison for this delightfully horrid change. Myself and my school psychologist have been keeping a journal of  time we spend on the phone calling and waiting for answers from the SESIS Help  desk.  Lots  of time although not so much for me now. Problems to expect - the teachers have not really been given sufficient training so I have to sit with  them, at least the first time they go on the site to create an appointment letter and then the IEP. Many bugs to be fixed. And the teachers who are not computer literate (They DO exist) have a really hard time. My principal has allowed me a few per session hours to work with some of the teachers but it's not enough. ANd it's painful to watch them peck on the computer, I have entered some of the info for them. Anyway, this system will do away with the clerical worker jobs, the courier jobs, and eventually even the psych. supervisors. Big Brother watches everything you do on SESIS. It tracks compliance. It will save a lot of trees, however as everything will be paperless. Enjoy it!" 

Apart from these comments, I left out a few things from Email no.4, and then I'm done with this whole subject for a while.


1. COPIES OF THE IEP:   Lisa Mendel reminds us that that Chapter 408 of some law or other says that:  "Each general education teacher, special ed, and related service provider who is resonsible for implementing the student's IEP is provided a paper or electronic copy of the IEP prior to implementation of such IEP."  The logic is there, of course, but implementation of this de-forestation project is unrealistic, esp. in the biggest schools. Paras have ongoing access to review the IEPs.  Some schools house the IEPs in an office and tell you to get them yourselves. Illegal.  Particularly illegal, the way I see it, is when paras, aides, and other special ed staff help you interpret IEPs that you're supposed to go and fetch yourself, since the documents are supposed to be confidential. 

2. SETSS is NOT a credit-bearing class, as much as some principals probably want it to be to get their cohorts through the system.
Also interesting in a Klein memorandum (May 2003) is that CTT postings are local (i.e., in the school only), but SETSS vacancies "must be posted int he school first and then in the superintendency" if you can't find any "qualified regularly appointed applicants in the school." 

3.  CTT classes are 34 kids max, with no more than 40% of the register spec. ed students.  But, 40% of 34 is 13.6 kids. Pt II, sec. 8 of the DoE's Standard Operating Manual for sp. ed (Sept 2008, 297 pages long, online here) says:  "Because of a change in NYS Regulation, Collaborative Team Teaching classes will be referred to as 'Integrated Co-Teaching Services.' This is a change in name only, with the one exception being that the maximum number of students with disabilities in a class is 12."  So not 13-and-a-half kids, but 12 max. 

4. VARIANCES in spec. ed operations:  Also in the documentation Mendel provided:  some variances are allowed on a case-by-case basis, but not without state (SED) approval. In other words, don't put the student in the illegal situation while you're waiting for SED approval.

5. HOUSSING:  You don't have to be a "highly qualified" (i.e., HOUSSED) spec. ed teacher to do CTT, since the regular ed subject teacher is in the room.   

6. ONLINE RESOURCES:  Many of the stipulations Lisa talked about in her presenttion can be found online at the the UFT webpage Students with Disablities.  Here's the links for easy reference:
Here are some other links supplied by a Bronx CL attending the same meeting:

7. TO FILE A COMPLAINT (but think 10 times before you do):    File a Special Education Complaint

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THE SAT TESTS - an INTERESTING STORY about them 

From Steve Koss:

" . . . The Milo Beckman story was presented on ABC and can be found at [this] HuffPost link .Be sure to watch the video clip -- it's worth the three minutes just to see a NYC public school student who knows how to think, gather data, and analyze it."

Marjorie Stamberg remarks:  "But is there a writing teacher on the planet who hasn't known this "secret" for years?  I believe the NY Times has published studies on this, not just for the SATs, but for all the standardized "5 paragraph essays" where 6 or more paragraphs earn you a lot more points going in."
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BULLYING - CYBER OR OTHERWISE

The dist rep included a printout of this article on "cyber-bullying."

I had my first experience of electronic misdeeds a couple of weeks ago, when a boy whose cellphone had never been taken away (though he uses it all the time) took a video of a cockroach on the shirt of the boy sitting in front of him in my class. (Now that I think of it, maybe it was a bedbug.)  Big joke, hah hah.  Unfortunately, he captured me teaching in the background. I reported it. One AP handled it by speaking with mom immediately and warning the device would be confiscated if it was seen again. Another AP contacted mom and warned again. Alas, the boy was in classroom with the same device for the rest of the week, and forever onwards after that, receiving and making texts. I am convinced other students are taping and videoing us all the time, and I am equally convinced admin has thrown in the towel on this.  Does it need one of us to file a lawsuit to stop this?

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DA Notes (Oct. 20)   

I was hoping someone else would do these, but here's what I wrote down:

Mulgrew first spoke on teacher bashing.  He saw Superman and though it was "lazy filmmaking" and dated, saying there was a $60 million PRT campaign behind it. It debuted at about the same as what he calls "MSNBC Teacher Bashing Week", and all the Oprah appearances and United Way's panel deiscussions around the country. 

On the Teacher Data Reports, he said: "If we ever get to a reliable value-added system, it would be good for kids."  He said the UFT is engaged in this work, to develop a tool that will help kids." [JW: many people in the union, particularly in the opposition caucuses, are opposed to MM's collaboration on this issue.]  
     He said that earlier that day, the chancellor reneged on his obligtion and promise NOT to release the reports to the press.  They're due to be released on Friday, Oct. 22nd, but the UFT will file a restraining order because according to Mulgrew:  NO value-added system is good enough anywhere in the country. NYC's is highly complicated and uses unreliable formulas. The DoE has lied about the test scores:  Harvard analyzed the test scores and said they were "invalid" and "unreliable", so we already have an "invalid and unreliable formula." Also, he said 13 of 20 teachers who looked at the reports said they were not their kids or their classes. MM's messge:  
            1. We want parents to get reliable info, 
            2. The teachers who volunteered to be part of this study went out on a limb to help develop this tool, 
            3. We need to tell parents that they DID go out on a limb and the city of NY is betraying each and every one of them.

Klein is releasing these results, according to Mulgrew, because he doesn't wnt anyone talking about the new of the corrupt test scores. The ELA and Math tests in grades 4-8 affect a little under 12,000 teachers — the scores would be released for all these teachers, not just the ones who volunteered for the pilot. The UFT is setting up a hotline with experts on the TDR.  The press will say the UFT doesn't want to get info out to the parents. Klein's strategy is to set parents against teachers, and we can't let members come into harm's way for volunteering.
           [JW: But Mulgrew signed onto this value-added evaluation project in the first place and encouraged teachers to join it.  Do not tell me that the union hadn't already been sidelined, belittled, and beaten down enoughby this chancellor for Mulgrew to have been justified in taking an entirely different position on this issue — one that did not involve COLLABORATION with these people. In fact, he still wants to play with them, continuing:] 

                MM: "We want to be part of things that are new."  
                       "We do not want to be shunned."
                       "We can turn this into:  We want to change, but you betrayed us!"

[NOTE: The release is now on hold pending a court hearing on Nov. 24th.  In that link, there's a picture of Marjorie Stamberg, whom I frequently quote in these emails.]

MM said Klein is working with speed on certain FOILS, but not on others.  

He talked about the upcoming elections, which is all moot now, but he did say that they were endorsing anyone for governor, they WERE endorsing Schneiderman and DiNapoli, and Avella.

MM reminded us that we do not have a new evaluation system in place. Legislation was passed to develop it, but it doesn't go in automatically until 2011. It must be negotiated before it's installed.

He said the CEC's presentation on test scores has lots of spin, and we must blow up their crap at the meetings.

He talked about daycare workers as a bargaining unit, but I didn't catch it except that they have to sign up 26,000 in four months.

Another report on this DA over on the ICEblog.

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STUDENT ACCUSATIONS A REAL PROBLEM

Because we're dealing with a lot of needy children who will cross boundaries. We are also dealing with administrators who have little experience dealing with kids and parents, so to not know how to weigh accusations against reality.  
Simple example: Student said teacher "cursed".  Teacher did not "curse," but used an Celtic word that is no longer used in formal conversations.  Teacher also explained the difference between a "curse" and such Celtic words that have fallen out of common discourse this century. Some administrators know the difference, some do not.
      In any case, this post by Chaz has some interesting information, also in the comments section. 

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CHAPTER LEADER RESPONSIBLITIES

I will continue to mention these very important ones until things change in my school:

       HOLD CHAPTER MEETINGS
       HOLD CONSULTATION COMMITTEE MEETINGS WITH THE PRINCIPAL
       COMMUNICATE WITH THE CHAPTER
       BUILD UNION
       POST IMPORTANT INFORMATION ON UFT BULLETIN BOARDS
       
Chapter Leaders who do not do these (among many other) things are taking the our money and running.

I didn't know while I was writing this that Ednotes had something similar in his latest post.  Scroll down to the section on chapter meetings (excerpt below) and see how much work is involved when you do the job right: 

Chapter meetings and the newsletter 
The key instruments of organizing was the newsletter and focusing on holding productive UFT meetings, which I moved from a split lunch period to a regular once a month on a Friday before school. I got food paid for from my chapter leader stipend and the meetings became breakfast and were well-attended. [contd at length]


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CLASS SIZE ARBITRATIONS

James Eterno, CL of Jamaica HS, writes why they are a joke. Excerpt:

"This problem could be easily resolved by putting an absolute cap in the contract but the UFT won’t even demand this kind of modest class size reduction. The DOE agreed to lower class sizes to around 25 in the high schools to settle the Campaign for Fiscal Equity suit but they won't even enforce an absolute cap of 34 on their principals. Of course, DOE will still always blame the teachers when things go wrong in a school."

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COCA-COLA

Someone bothered to come to the DA and hand out flyers on the Killer Coke, saying we should support the campaign against the company's "widespread human rights and environmental abuses". So I pass on this link to the campaign.  Products to boycott: Coca-Cola, Femsa, Dasani, Fanta, Minute Maid, Nestea, Sprite, Powerade, Owalla, Tecate, Sol, and Dos Equis.

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Sunday, May 30, 2010

JW Email 26


LAYOFFS THIS COMING WEEK? EXCESSING?

There has been a lot of talk this week in schools and on the net about what kinds of bad-news letters will be sent around this week. Part of the problem is that the words "layoff" and "excess" are used interchangeably, when they're different. It's also true that some general usage terminology doesn't jive with the wording in the contract. Some people are thinking excess letters will be sent out, some CLs are telling people they'll be getting layoff letters, and some think the notice will be sent in emails (June 4th), others say letters.

One person heard a rumor that some DRs are telling people that principals do NOT have to excess people by seniority, but can excess whom they considered "the least effective teachers." To many of us, that sounds like a mis-reading of Klein's memo to principals, in which he told him he'd really LIKE that to be the case, but I didn't see anything in that wording that gave them the order to do it that way.

Teachers for a Just Contract sent around this alert:

LAYOFF NOTICES BEGIN NEXT WEEK
6,500 UFT members will get layoff notices by DOE email beginning next week.
Layoffs will be by license, by inverse seniority, citywide. For more information, reply to this email.
WEDNESDAY, JUNE 16
SAVE THE DATE! UFT CALLS A CITYWIDE RALLY AGAINST LAYOFFS (Finally!)
Knowing they are well informed, I wrote Marian Swerdlow for clarification, and here's the best I can do to explain it for now:

We are apparently in a "citywide excess condition" as described in Art.17.D. of the contract:
D. Layoff 1. If a Citywide excess condition causes a layoff of staff in any licensed position . . .

Whereas I had thought an "emergency layoff" condition had to be declared before anything, Marian pointed out that that phrase doesn't exist in the contract. The words "emergency" does come up in this UFT post dated June 5, 2006:

Now, a person can remain as an ATR indefinitely while still seeking another position, and because these positions are not limited no one can be laid-off unless there is a true citywide layoff situation or major budgetary problems that require the DOE to cut back severely on staff. In such emergencies, the DOE must follow Ed. Law section 2588, which states that part-timers and regular subs must be let go first and if all vacancies have been filled then layoffs must follow a strict seniority pattern starting with the most junior person in the city.

The DOE will no longer let principals take an excessed person off the school’s budget until that person has a job. This stops the wholesale excessing of personnel. But while this is a positive for many of members it may serve to retard some of the job acceptances in the open market system.

This new provision not only gives our members a no-layoff provision under ordinary circumstances but keeps them from being bumped or excessed all over the city.

Some people are incensed that the UFT has not stood up to this with massive demonstrations before now. In fact, word has it they are going to be mounting a massive demonstration in lieu of the June 16th Del. Asembly. More on that next time.

I believe that there is much we don't know about the negotiations and we don't know whom the union is trying to protect behind closed doors — including themselves, in their own positions of power! There are some who believe it is all bluff and positioning, and there will not be any layoffs. They first threw around the figure 8,500 layoffs, then it was 6,500, and now I heard just this afternoon that it's really only going to be 4, 500, since they'll lose 2,000 of these to attrition.

For more help putting this into context, read Ednotes here on the 1975 strike situation.

What REALLY disturbs me is that there is no viewable SENIORITY LIST. The DoE has bungled the software on them and it's been coming out wrong for a whole year. Do they HAVE accurate lists somewhere? or is this purposeful chaos?

Read Ednotes here on what appears to be the devastating inability of Mulgrew and Unity to handle bigtime politics:
"Are we looking at a loss of 12-15,000 teachers here in NYC? What would seniority mean then when 460 charter schools are filled with first and second year teachers while public school teachers with goodness knows how many years go looking for jobs?

(Parenthetically, Frizz suggests UFT stands for "Unity Fails Teachers")

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RETIREMENT INCENTIVE

The Legislature has passed the governor's bill, but will BloomKlein accept it? That decision will affect practically everyone in the system, whether you're a prospective retiree or a new teacher threatened by layoffs.

There are some comments in Under Assault here that are material to the discussion of the what the buyout would entail.

Don't anyone get their hopes up. Mulgrew wants this, but so far BloomKlein does not.

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THE NEW TEACHER EVALUATIONS - ANALYSIS at ICE-Blog

"The most important, if not the only, reason for a union's existence is to provide protection to its members that individually any single member could not provide. Seniority rules and tenure were developed to protect teachers from administrative discrimination by giving administrators enough time to evaluate new employees and recognize that employees become more valuable (and should be paid more) as they become more experienced.

"Nothing could be more anti-union than the erosion of these basic rights. Yet, time and time again our Union, in order to protect its own interests, has sacrificed ours as experience becomes a liability and in this recent legislation the protections from arbitrary dismissal are significantly weakened."

Also: "When a small percentage of employees are dismissed for impotence you either have a competent group of teachers, an effective and protective union or both. The fact that there are not large numbers of teachers being fired means that someone is doing their job. Why do we want to fix this system? It doesn't appear broken."

Read the whole of Jeff Kaufman's take on the evaluation system negotiated by Mulgrew. It's subtitled: What was our union thinking?

South Bronx thinks Mulgrew stinks at cards, that there was no pressure on him to sign off on the evaluation system. "Sheldon Silver would have done his bidding for him. Why fold when you have the best hand?"

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TO RECALL OR NOT TO RECALL — That is the question.

The "duties of the chapter leader or his/her designated representative" as outlined in Art. IX, Sect.4 of the UFT include distributing literature, holding meetings, representing the union at the school level, presenting complaints or recommendations to the office of this organization, presiding at chapter meetings, and carrying out the duties as formulated by the Exec Board.

These formulated duties seem to be spelled out on this UFT link:
  • Holding at least six regularly scheduled chapter meetings each year.
  • Forming a chapter consultation committee that meets monthly with the principal and then reports the results to the chapter.
  • Representing all chapter members in informal resolutions of problems with the administration and in grievances.
  • Attending the Delegate Assembly, district and citywide chapter leader meetings and divisional meetings.
  • Explaining the union’s positions to staff and telling them about union meetings, programs and activities.
  • Serving as a resource for members about pensions, health coverage and other matters.
  • Producing a chapter newsletter, maintaining the UFT bulletin board and disseminating UFT materials via members’ mailboxes.
  • Working with parent groups.
  • Ensuring that the contract is enforced and implemented at the school level and members’ rights and benefits are protected.
  • Leading the chapter in discussion, development and implementation of educational policies in the school in accordance with union policy.
  • Explaining the union’s political action activities to the members and collecting VOTE/COPE check-off cards.
  • Attending training sessions.
For compensation, CLs get relief from teaching (in elem. schools 4 additional preps; in JHS and HS no Circ. 6R; in large HSS, they teach 4 instead of 5) and a monetary compensation ($5 per member plus some extra for having an email account). In any case, they can do anything they want with this money: buy food for chapter meetings, commute to meetings, xerox stuff for the chapter, it's not specified, and no one keeps accounts. (One CL kicks part of it into the end-year party, so each attendee doesn't have to pay so much.)

A person complained in the listservs about a chapter leader who "hangs out with supervisors and wanna be supervisors," calls for few meetings, and has neither the vision or the fire to change and demand action with the building."

We all know CLs who take the job and abandon most or all of the duties. One has to wonder why they don't just quit. Must be the money and the no-kids, no-duties periods. To recall a CL, the UFT Constitution provides the following in Article IX, Section 6:
SECTION 9: "Upon receipt of a written petition signed by at last one-third of the
membership of any chapter requesting the removal of the chapter leader from office,
the President shall assign a person who is not a member of the chapter to conduct a
referendum [presumably from the UFT's office in that borough]. All members of the
chapter shall be entitled to vote. If two-thirds of the chapter members voting in the
referendum favor the removal of the chapter leader from office, a vacancy in that
position shall be declared and a new chapter leader shall be elected to take office
immediately for the balance of the term of office."

So, for ex., in a school of 100 members, 34 have to petition, but it's possible to recall a CL with less than half the membership (e.g., if only 70 vote, 46 would be needed to remove).


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FOR THE VETS on OLDER KINDS OF LICENSING

I'll pass this Ellen Fox explanation on because I was licensed/certified so long ago I didn't remember the details. I had told her that I was certified by the state when I started, but not by the city. She said:

"You never were "certified" by the City, only licensed. This was done by the old Board of Examiners, which ceased to exist sometime in the early 90's, I think. In those days, State certification was not required. I, for one, never got State cert. But then again, back in those days, the City's licensing process was actually more rigorous than the State's certification rigmarole. So the State didn't actually require NYC teachers to get State cert. But after the demise of the Bd. of Examiners, and after a grievous decline in the quality of the City's licensing procedure, and a concomitant tightening of the State's certification requirements, the SED stepped in, and required that all NYC teachers attain State certification. For a brief while, it was "Start teaching, and get your cert. within a certain period of time." Surely you remember the days of the PPT's and CPT's. Now, I think you can't even walk into a classroom without some sort of provisional State certification."


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RALLY

The Bronx Science principal's fairly insane decision to U-rate 20 math teachers should make people's blood boil enough to attend this rally on June 10th.

June 10th: Justice for The Bronx Science Twenty

Stop Harassment of Teachers -
Justice for The Bronx Science Twenty

Picket at Mayor Bloomberg's house
- June 10th, 4:30pm -
79th St. and 5th Ave., SW Corner

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DISSATISFACTION WITH MULGREW & PERHAPS . . . INSIDER INFO COMING OUT

There have been a couple of anon. comments on this ICE-blog post that make me think Mulgrew's honeymoon is over — and that people are willing to spill some of the rotting beans.

As for this one . . .

"The approval of the $5,000,000 MILLION for the new teachers was a DONE deal between BloomKlein & the UFT. Mulgrew pretended to be upset as part of the show. I am a special education teacher who has been an ATR for 3 years and cannot find a job. I am sure that there are so many other ATR teachers who have the special education licence and don't have jobs. This is a complete stupidity not to give jobs to experience teachers."

. . . remember this bit of footage in Ednotes a week ago:

A visit to a school by a UFT district rep this week exposed the duplicity of the UFT. Remember Mulgrew
telling people at the DA to go to last night's PEP meeting to protest the $5 million being spent in new
teacher recruitment in the midst of budget cuts?

I got this email from the CL: He told us that they didn't want the PEP presence to be "too big" and
intimated furloughs to hold off layoffs.

Look at the comments at 3:05, 7:39, and 10:08, which sure look like the work of an insider. Here's some bits:

3:05 a.m. ANDREW STEIN INDICTED IN PENSION CASE......
THE REMAINING ISSUE IS WHEN will UFT Bloomberg Vichy ally Michael Mulgrew and
other New York labor leaders let their members know exactly who they are suing
(last week's press release)to recover hundreds of millions in stolen pension funds?
wouldnt the members want to know which bank to boycott? and why didnt the UFT
fully vet their good pal Hevesi after Weingarten engineered the union's mayoral
endorsement in 2001 even though a majority of her members favored Ferrer? . . .
7:39 p.m. . . . . check the filings behind the L.M.2 forms- which are summaries -
for hidden raises, consulting fees to friends, lawyer fees and the real fraud:
a slush fund called "52 Broadway Associates," where Mulgrew flunky David Hickey
hides the payoffs and cash disbursements and shills for the private caterer he
hired.- offering other unions and companes a 10 percent discount if they use
the UFT caterer,thereby screwing the members! what does Hickey get by shilling
for a private company located on the members property?
Mulgrew is hiding the 52 Broadway Associates disbursements from the U.S.
Labor Dept.
Hickey worked for the PBA when the lawyer Hartman stole $7 million! how do you
steal from cops?
ask Donna- she knows.

10:08 the next day: what did Mulgrew know about Brian McLaughlin and when [did he]
know it? did he report him to the feds? they are bosom buddies.
[according to this Daily News clip, McLaughlin is a "disgrace labor leader ... sentenced to 10 years
in 2009 for stealing $3.1 million from Little Leaguers, lawmakers, contractors and his own union."

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"PHILANTHROCAPITALISM"

This important new term (new at least for me; Wiki doesn't have an article on it yet, but does for "Venture philanthropy") is explained in this New Republic article which elaborates on the vortex that teachers and kids are getting sucked into and spun downwards.

It's all about relinquishing control of ed policy to private foundations. "One of the most effective methods for the delegitimation of government in our day has been the notion that charity may do the work of public policy, that private wealth is the answer to social crisis," says author Leon Weiseltier. He concludes with:

"Billionaires can also be dumb and dangerous. The merit of an opinion or a policy has nothing
to do with the social and economic position of the person who espouses it. Money never made
anything true or good. The question of what sort of city New York should be is not the question
of what Michael Bloomberg should do with his money. Charity is a blessing, but not when it is
an expression of disdain for the democratically constituted state, which, for all its errors and
exasperations, is still what protects us from many of history’s and nature’s punishments."

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ALERT: for WONKS ONLY!!!

THE NEW CHARTER SCHOOL LAW

Leonie Haimson has some comments on the five questions posed by GothamSchools on new legislation paving the ways for 114 charter schools to open in NYC in the next four years. I don't see a shortcut how to post this, so I'm including the whole Gotham piece with Leonie's comments in CAPS.


One consequence of the charter cap legislation passed in Albany today is clear: it’s now possible for 114 new charter schools to open in New York City over the next four years, more than doubling the number of charters and students in them. Statewide, the door is open for 260 new charter schools to open by 2014.
But the new law also includes a slew of changes to the way the schools are opened and run, leaving advocates, officials and observers with at least five big unanswered questions.

1. What’s the deal with the new Request for Proposals process?
Under the old charter school law, educators could ask to open charter schools simply by applying to do so. Now, prospective school leaders will have to formulate their applications as responses to Request for Proposals. These will be issued by both the Board of Regents and the State University of New York’s Charter School Institute.
Advocates and union officials today disagreed on exactly how the RFP’s will be used. One school of thought is that the RFP will be a tool for limiting charter school leaders’ freedom to open in a location of their choosing. Indeed, the law declares that operators that receive an endorsement of their school district will have a leg up in the RFP process. That could make it harder for operators to open schools in some upstate districts whose school boards strongly oppose charter schools. (Or imagine a less charter-happy mayor in New York. Mayor de Blasio?)
WAIT TILL THE HEDGEFUND OPERATORS GET TO HIM; OR WHO EVER ELSE WILL BE RUNNING. THEY WILL HOLD OUT THEIR MILLIONS AS THEY HAVE TO CUOMO AND OUR STATE SENATORS.
In an interview today, city teachers union President Michael Mulgrew said that the union plans to “advocate through the RFP.” He meant, he explained, that the UFT will lobby authorizers not to issue RFPs for schools in neighborhoods deemed overwhelmed with charter schools.
But charter school advocates said they aren’t concerned about the RFP process. Beyond creating more bureaucratic hurdles for authorizers and new charter schools, they said, the process will not significantly change how authorizers determine which schools should open. “The difference may appear larger than it actually is,” said James Merriman, head of the New York City Charter School Center.
FOR ONCE I AGREE WITH MERRIMAN. UNLESS I’M MISSING SOMETHING, IT’S HARD TO SEE THIS AS A BIG CHANGE.

2. Can the New York City schools chancellor continue to authorize charter schools?
Until today, the city Department of Education’s charter school office played a similar role to SUNY: It accepted applications for new charter schools, reviewed and approved them, and then passed the applications on to the Board of Regents for final approval. The city acted as the main authorizer for those schools, monitoring the schools and shutting them down for poor performance.
Under the new law, the schools chancellor can still recommend charter school applications to the Regents — and now can also recommend schools to SUNY for approval. And that recommendation matters to some degree: The rubric authorizers must use to evaluate applications gives preference for schools with a district endorsement. But it’s unclear whether the city will retain the power to oversee and shut down failing charters.
John White, a deputy chancellor for the city, noted that the law still names the chancellor as one of the state’s three “charter entities” who legally have power to oversee schools.
But Jonas Chartock, the head of SUNY’s Charter School Institute, said that his reading of the law suggests that his center will retain the ultimate oversight over schools it authorizes.
“To me, it’s not exactly clear,” said Merriman. “A reading of the bill would allow either interpretation at this point. It’s something that I think we have to see how counsel for the various parties…view that.”
MORE CONFUSION LEADING PROBABLY LEADING TO MORE LAWSUITS. THANKS ALBANY!

3. How does the law force charter schools to accept more English language learners and special education students?
The law requires that charter schools maintain a certain number of English language learners and special education students over time. Schools are supposed to hit targets for both student enrollment and student retention that match neighborhood schools. Here’s what the law says authorizers have to make sure of:

THAT SUCH
37 ENROLLMENT TARGETS ARE COMPARABLE TO THE ENROLLMENT FIGURES OF SUCH
38 CATEGORIES OF STUDENTS ATTENDING THE PUBLIC SCHOOLS WITHIN THE SCHOOL
39 DISTRICT, OR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF
&n
bsp; 40 ONE MILLION OR MORE INHABITANTS, THE COMMUNITY SCHOOL DISTRICT, IN WHICH
41 THE PROPOSED CHARTER SCHOOL WOULD BE LOCATED; AND (2) THAT SUCH
42 RETENTION TARGETS ARE COMPARABLE TO THE RATE OF RETENTION OF SUCH CATE-
43 GORIES OF STUDENTS ATTENDING THE PUBLIC SCHOOLS WITHIN THE SCHOOL
44 DISTRICT, OR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF
45 ONE MILLION OR MORE INHABITANTS, THE COMMUNITY SCHOOL DISTRICT, IN WHICH
46 THE PROPOSED CHARTER SCHOOL WOULD BE LOCATED; AND

But it’s not clear how that requirement will be enforced. Among other implementation problems is data-keeping. “SUNY’s going to need access to data we’ve never been able to obtain,” Chartock said.
THEY’VE NEVER BEEN ABLE TO OBTAIN DATA ON ENROLLMENT IN THEIR OWN CHARTERS? WHY NOT?
THIS PROVISION IS NOT JUST HARD TO ENFORCE – BUT HARD TO DEFINE “COMPARABLE.” ANOTHER SERIOUS FLAW IN THE LAW.

4. Does the law change relationships between charter schools and district schools that share space?
The new law creates a “building council” to coordinate collaboration between schools housed together. Right now, co-located schools have building councils that include only principals from each school. The new councils will include principals, teachers and parents from each school in a building.
THE CHANCELLOR RETAINS THE UNILATERAL POWER TO IMPOSE HIS WILL AND DECIDE ON CO-LOCATIONS. THE COMMUNITY AND PARENTS HAVE NO VOICE. HE WILL DEVISE THE BUILDING PLAN, AND THE BUILDING COUNCIL WILL BE LEFT TO ARGUE AND FIGHT AFTERWARDS. THAT’S POWER? THE LAW ALLOWS COMPLAINTS TO THE COMMISSIONER; BUT SO WHAT? THERE HAVE ALREADY BEEN COMPLAINTS. NO CHANGE THERE.
The council does not have the power to veto the city’s co-location plans. But it will be able to draw public attention to the plans.
AFTER THE FACT. AND WE’VE HAD PLENTY OF PUBLIC ATTENTION AND WHAT HAS IT GOT US?
And public attention isn’t without its own kind of power: The new mayoral control law created public hearings when schools were recommended for closure.
The hearings created quite a firestorm and arguably played a role in the recent court decision overturning city-enforced school closures.
WHAT DOES THAT MEAN? ANTICIPATE MORE LAWSUITS (IF WE CAN FIND ATTORNEYS TO REPRESENT US) BUT THIS IS NO SIGNIFICANT CHANGE FROM THE CURRENT LAW. PARENTS LOSE OUT AS USUAL.

5. Where does the money come from?
The increased bureaucracy and oversight required by the new law will require resources. Given the state’s doomsday fiscal climate, it’s unclear where that money will come from. Already SUNY’s Charter School Institute, which will see the number of charters it oversees double, is facing a proposed 70 percent funding reduction under budgets proposed by both the Senate and the Assembly.
The law also includes a provision requiring that any improvements to a charter school facility worth more than $5,000 must be matched in the district schools that share its building. The measure was widely praised on all sides as a way to assure equity between charter and district school students.
“But I want to be very, very clear,” Merriman said. “We do expect that the mayor and the chancellor step up and meet their commitment to provide such funding so that charters and district school students attend school in equal and high quality facilities.”
HIGH QUALITY FACILITIES? JUST FOR THE STUDENTS IN CO-LOCATED SCHOOLS? WHERE HAS THIS GUY BEEN?
THE VAST MAJORITY OF OUR PUBLIC SCHOOL STUDENTS ARE FORCED TO ATTEND SCHOOL IN OVERCROWDED AND INADEQUATE FACILITIES; AND THE RAISING OF THE CAP WILL MAKE THIS CRITICAL PROBLEM EVEN WORSE. SLAP ON SOME NEW PAINT; BUT KIDS WILL CONTINUE TO GET EDUCATED IN HALLWAYS AND CLOSETS.
ALTOGETHER THIS LAW IS THE WRONG ANSWER TO THE WRONG QUESTION.