Chicago Teachers Union Resolution at AFT Convention

CTU Resolution brought to AFT Convention.

Fellow AFT Convention Delegates, Brothers and Sisters in the Struggle,

The Chicago delegation to the AFT Convention (July 2010, Seattle, WA) humbly, but firmly submits the following resolution for your consideration. As we were not officially confirmed as elected delegates to the convention until Saturday, June 12th due to a runoff election on Friday, June 11th for the leadership of the Chicago Teachers Union, our delegation could not submit a resolution to the AFT before the deadline. We hope that this resolution can be considered under the Special Rule (4b) in the AFT Convention Amendments and Resolutions book.

Please note that our resolution is wholly grounded in the experiences of public educators in Chicago where the movement toward the business model of education reform has had perhaps its most reaching impact. This resolution is just another means with which we (the Chicago delegation) hope to combat that movement. Please also note that there were many powerful and truthful resolutions submitted by other affiliates. We urge you to support the following resolutions in particular by our brothers and sisters: • Resolution #2, Administrative and Residual Employees Union, Local 4200, page 8

• Resolution #8, United Federation of Teacher, Local 2, page 32

• Resolution #19, California Federation of Teachers, page 55

• Resolution #20, Professional Staff Congress, Local 2334, page 56

• Resolution #22, Milwaukee Technical Federation, Local 212, page 61 • Resolution #30, AFT-Oregon, page 71 • Resolution #31, United Federation of Teachers, Local 2, page 71

• Resolution #54, Texas AFT/Philadelphia Federation of Teachers, Local 3/United Educators of San Francisco, Local 61, page 105

• Resolution # 58, California Federation of Teachers, page 111

• Resolution #60, New York State United Teachers, page 113

• Resolution #61, New York State United Teachers, page 114

• Resolution #69, Professional Staff Congress, Local 2334, page 127

• Resolution #77, United Federation of Teachers, Local 2, page 140

• Resolution #81, United Federation of Teachers, Local 2, page 143

Please consider supporting our resolution and thinking of it as a statement of our vision for responding to the current attacks on public education.

-Delegates from the Chicago Teachers Union, Local 1 Promoting Excellence in Public Education by Abolishing Privatization & Charter School Proliferation, Ending NCLB and Shifting RTTT from a Competition to Equitable School Funding

WHEREAS it has always been the intention of the AFT and its affiliates to improve American education so that every student, especially the most disadvantaged, will graduate high school ready for college or a career; and Whereas excellence and innovation have always been hallmarks of traditional public schools where union professional educators teach students across the country and not solely the mark of private or charter schools;

and WHEREAS the original intent of charter schools was to enhance student learning and NOT to compete with or takeover or cause the closing of traditional public schools who are now being unjustly closed or turned around and their qualified teaching forces displaced;

and WHEREAS charter schools take over pre-existing public school buildings, are awarded new construction school buildings that are publicly funded, receive federal charter-only grant money, receive state bonds earmarked for individual charter operators, and benefit financially by diverting millions of dollars of taxpayer money for private enterprises all with little or no parent, community, student or teacher union participation of substantive input; and

WHEREAS traditional public neighborhood schools continue to accept ALL students and charter schools only enroll select students; and Whereas according to the Stanford University Center for Research on Educational Outcomes Study, 83% of charter schools perform worse than or fail to provide any measurable improvement over their traditional fully public counterparts and 37% of those charter schools performed worse than traditional public schools; and

Chicago Teachers Union delegate Carol Caref (Chicago Vocational High School) speaking during the debate on Resolution 8 at the Seattle convention of the American Federation of Teachers on July 10, 2010. Substance photo by George N. Schmidt.WHEREAS when key resources and people from charter operators, corporation and private foundations such as the Gates Foundation continue to have an increasing influence and presence in Arne Duncan’s Department of Education within President Obama’s administration, a greater emphasis is placed on privatization and profit rather than real education reform; and

WHEREAS the Gates Foundation and other private foundations are funding states’ applications for RTTT money contributing to and exacerbating an uneven playing field; and

WHEREAS Bill Gates recently stated publicly at the National Charter School convention in Chicago on June 29, 2010 that the charter school movement "is the only place innovation will come from”; and Whereas the trend of legislating mayoral control of public school districts has led to a business model of education reform led by people with no experience in the field of education; and

WHEREAS NCLB has been universally recognized as a fundamentally flawed unfunded mandate whose use of high stakes testing to measure student progress and achievement unfairly punishes students, teachers, families, schools and districts; and

WHEREAS the movement toward using high stakes testing in teacher evaluation has escalated attacks on teacher seniority and tenure, which protect teachers’ professional creativity and autonomy and shield teachers from retaliation and arbitrary job loss; and

WHEREAS the arbitrary practice of closing and turning around public schools is destabilizing communities, taking experienced teachers out of the classroom and harming the reputation of highly qualified, certified educators built over 100 years of teaching the nation; and

WHEREAS RTTT further worsens the flaws of NCLB by basing teacher salary and evaluation on a philosophy of flawed high stakes tests that do not truly measure a child’s education and lead to the threat of “yet to be determined” assessments which drive the micro-management of elementary and high school curriculum and instruction; and Whereas RTTT further erodes the fairness of the funding of public education by creating a competition in which business model reforms are mandated as incentives for some states and districts to receive millions of dollars while other deserving and needy states and districts are unfairly left without adequate educational resources; and

RESOLVED that the AFT and its state and local affiliates support policies and legislation that put a moratorium on the creation of new charters, charter clones, and other schools that divert public education funds into corporate models; and Resolved that the AFT and its state and local affiliates demand all existing charter schools to be held as accountable and transparent as regular public schools, in regards to student progress and achievement, budget, funding and influence of corporate and private interests and entities; and Resolved that the AFT and its state and local affiliates will lobby for changes in legislation to allow existing charter schools to join large existing union locals rather than being forced to form their own small affiliate or work to close them; and Resolved that the AFT and its state and local affiliates recognize Bill Gates’ presence at the AFT Convention as a “Trojan horse”; and

RESOLVED that the AFT and its state and local affiliates fight to protect teacher tenure, seniority and due process rights so that trained educators can have job security and individual autonomy to develop innovative curriculum and instruction and lead local school reform; and

RESOLVED that the AFT and its state and local affiliates demand that school districts stop the arbitrary closing and turning around of schools and rehire displaced and terminated teachers immediately; and

Chicago Teachers Union delegate Jen Johnson (above) speaking during the debate on Resolution 8 at the AFT convention in Seattle. The debate took place on July 10, 2010. Substance photo by George N. Schmidt.RESOLVED that the AFT and its state and local affiliates reject the concept of merit pay for educators tied to student progress and achievement; and

RESOLVED that the AFT and its state and local affiliates campaign to expose the for-profit motives of high stakes testing companies and end the use high stakes testing which is used to punish students, teachers, families, schools and districts rather than build better schools; and Resolved that the AFT and its state and local affiliates lobby to overturn legislation allowing mayoral control of school districts and to put education back in the hands of educators; and

RESOLVED that the AFT and its state and local affiliates expose RTTT as based on the same faulty premises as NCLB and demand that RTTT funds are used equitably for all states in order to engage in real education reform lead by professional, union educators; and

Resolved that the AFT and its state and local affiliates will march, petition, rally, hold media events, mobilize its members and utilize the help of supportive community partners and use all resources at its disposal to dispel the myths about the success of charter schools compared to traditional public schools, to expose the inequalities that exist within the funding and management of public education and to improve the public perception of public education. Chicago Teachers Union, Local 1

Resolution 58, as substituted in the Organizing and Collective Bargaining Committee on Thursday, July 8th, then amended on the floor on Friday, July 9th 58. OPPOSE MILITARY ACADEMIES AND CHARTER SCHOOLS

Committee recommends concurrence with the following substitute resolution, which appears below the original resolution.

WHEREAS, the forces of educational privatization and charter companies are making strong attempts to convert existing public school campuses throughout the country; and

WHEREAS, the forces of educational privatization and charter companies are seeking to convert new publicly funded school construction projects to charter and other types of schools; and

WHEREAS, community, parent, faculty, labor and youth voices are not a part of the dialogue that allows for these charterizations and privatizations; and

WHEREAS, existing collective bargaining agreements are being circumvented and ignored in this process; and

WHEREAS, many of these schools may be initiated as or converted by private companies into military-style academies:

RESOLVED, that the American Federation of Teachers oppose the formation of any new military and military-style academies proposed in public school districts; and RESOLVED, that the AFT oppose charterization and privatization of public schools in any form; and

RESOLVED, that the AFT publicize this stand to all AFT locals and affiliates.

(Underlined language below represents amendments agreed upon by representatives from UFT and CTU.)

58. IMPROVED PUBLIC ACCOUNTABILITY, TRANSPARENCY AND VOICE IN CHARTER SCHOOLS

WHEREAS, the recent rush to expand the number of charter schools in many states has not been accompanied by a commitment to ensure that charter schools are “public schools” in the fullest meaning of the term, dedicated to education for the public good and in our common purposes as American citizens; and

WHEREAS, charter schools must be “public schools” not only in name but in their accountability to students, educators, families, communities and taxpayers for quality, equity, transparency and professional voice; and WHEREAS, research has shown disturbing inconsistencies in the practice of many charter schools with respect to enrolling and retaining students with disabilities, English language learners, and from homeless and low-income families on the same basis as regular public schools; and

WHEREAS, existing state charter school laws and regulations have resulted in lax oversight and less rigorous financial and educational reporting requirements to the public than regular public schools; and WHEREAS, transparency, accountability and universal access continue to be resisted by well-financed anti-public education forces such as those represented by the Walton, Bradley and similar foundations whose cynical and selective funding of charter schools conceals their larger purpose of privatizing public education and stripping educators of professional voice and parents and communities of the information and power to assure a quality education for their children; and

WHEREAS, when educators in charter schools have demanded a voice in their workplace through union representation, charter school operators and charter advocates have actively worked to deny and impede educators from gaining that voice, although the evidence demonstrates that far form being an impediment to learning, real teacher involvement in school governance makes schools better and makes the innovations more sustainable; and WHEREAS, the American Federation of Teachers represents teachers and support personnel in 140 charter schools across the nation and has assisted their efforts to organize successfully for professional voice, transparency, meaningful accountability and advocacy on behalf of quality education:

RESOLVED, that the American Federation of Teachers support efforts to seek changes to federal, state and local laws and regulations to ensure that charter schools are fully transparent in their operations and directly and openly accountable to the public for student performance, admissions and enrollment policies, respect and support for teacher and staff voice in school policy and program, potential conflict of interest and disclosure requirements, and the use of public funds in as rigorous a manner as regular public schools and to allow charter school staffs to join existing union locals rather than being forced to form their own small affiliates; and

RESOLVED, that the AFT demand that all schools—charter schools as well as district public schools—be held to the same standards of accountability and transparency with regard to student progress and achievement, budget, funding and the influence of corporate and private interests and entities; and

RESOLVED, that the AFT accelerate our support of parental and community efforts to advocate for transparency and accountability in charter schools, help affiliates build capacity with respect to charter schools responsiveness and accountability, and assist charter school teachers and support personnel collectively to organize for professional voice and quality education.

(Underlined language below represents amendments agreed upon by representatives from UFT and CTU.)

Resolution 8, as amended in Educational Issues Committee on Thursday, July 8, 2010.

8. OPPOSE THE UNJUSTIFIED CLOSURE OF URBAN NEIGHBORHOOD SCHOOLS

Committee recommends concurrence as amended below;

WHEREAS, the American Federation of Teachers knows that the existence of low-performing schools diminishes public confidence in all of our schools, has negative consequences for teachers and other school staff and denies some children the type of excellent public school education that others receive and all deserve; and

WHEREAS, those who advocate closing schools often lack information about proven research-based strategies and resources necessary to appropriately teach the most vulnerable students, including young people with special needs, those who are learners of English, have an interrupted education and/ore who are over age and undercredited; and

WHEREAS, members of the Aft are committed to ensuring that all public schools effectively educate all students, regardless of their economic or cultural background, through aligned curriculum, standards and assessments; and

WHEREAS, educators play a crucial role in students’ lives, both inside and outside of the classroom, and schools are often the stable central force in a neighborhood and many students’ lives; and

WHEREAS, local departments of education have an obligation to take bold steps to improve schools that have not supported students’ academic development, to close the achievement gap for students of color and students living in lower-income neighborhoods by supporting and promoting the work of educators and administrators who work collaboratively to meet the specific needs of their students, parents and communities; and

WHEREAS, the tough economy has resulted in a dramtic increase of proposed and projected closures of public schools in midsize and large cities such as Chicago and Louisville, and an unprecedented 20 schools being identified for truncation of phase-out in New York City and 29 schools in Kansas City; and

WHEREAS, the decision to close a neighborhood school can be devastating to the children and community it serves and must be enacted only as a last resort:

RESOLVED, that the American Federation of Teachers continue to advocate the necessary resources and the improvement of neighborhood schools identified as failing to effectively educate the most vulnerable students; and

RESOLVED, that the AFT demand demonstrated effective leadership, relevant professional development of educators, small class size for intensive assistance and implementation of other research-based strategies that best serve students attending schools in need of improvement; and

RESOLVED, that the AFT continue to oppose school closures based on invalid measures that disregard the impact of neighborhood schools in the life of a community and do not offer solutions to improve teaching practices and supports for student learning such as full-service community schools that offer wrap-around services to students and supports to the local community; and

RESOLVED, that the Aft and its locals advocate for federal, state and local educational policies that effectively balance the need for improvement of low-performing schools and closure of the achievement gap with the implementation of sound teaching and research-proven practices and strategies that enhance opportunities for all of America’s children to achieve and succeed; and

RESOLVED, that the AFT and its state and local affiliates demand that school districts stop the arbitrary closing and turning around of schools and rehire displaced and terminated teachers immediately.

(Underlined language below represents amendments agreed upon by representatives from UFT and CTU.)

Resolution 8, as amended on the convention floor Saturday, July 10, 2010. 8. OPPOSE THE UNJUSTIFIED CLOSURE OF URBAN NEIGHBORHOOD SCHOOLS

Committee recommends concurrence as amended below;

WHEREAS, the American Federation of Teachers knows that the existence of low-performing schools diminishes public confidence in all of our schools, has negative consequences for teachers and other school staff and denies some children the type of excellent public school education that others receive and all deserve; and

WHEREAS, those who advocate closing schools often lack information about proven research-based strategies and resources necessary to appropriately teach the most vulnerable students, including young people with special needs, those who are learners of English, have an interrupted education and/ore who are over age and undercredited; and

WHEREAS, members of the Aft are committed to ensuring that all public schools effectively educate all students, regardless of their economic or cultural background, through aligned curriculum, standards and assessments; and

WHEREAS, educators play a crucial role in students’ lives, both inside and outside of the classroom, and schools are often the stable central force in a neighborhood and many students’ lives; and

WHEREAS, local departments of education have an obligation to take bold steps to improve schools that have not supported students’ academic development, to close the achievement gap for students of color and students living in lower-income neighborhoods by supporting and promoting the work of educators and administrators who work collaboratively to meet the specific needs of their students, parents and communities; and

WHEREAS, the tough economy has resulted in a dramatic increase of proposed and projected closures of public schools in midsize and large cities such as Chicago and Louisville, and an unprecedented 20 schools being identified for truncation of phase-out in New York City and 29 schools in Kansas City; and

WHEREAS, the decision to close a neighborhood school can be devastating to the children and community it serves and must be enacted only as a last resort:

RESOLVED, that the American Federation of Teachers continue to advocate the necessary resources and the improvement of neighborhood schools identified as failing to effectively educate the most vulnerable students; and

RESOLVED, that the AFT demand demonstrated effective leadership, relevant professional development of educators, small class size for intensive assistance and implementation of other research-based strategies that best serve students attending schools in need of improvement; and

RESOLVED, that the AFT support its state and local affiliates in their fight to preserve locally negotiated agreements that protect, among other things, due process and job security, and that support teacher professionalism, so that locals can shape the redesign of schools to meet the needs of teachers and students; and

RESOLVED, that the AFT continue to oppose school closures based on invalid measures that disregard the impact of neighborhood schools in the life of a community and do not offer solutions to improve teaching practices and supports for student learning such as full-service community schools that offer wrap-around services to students and supports to the local community; and

RESOLVED, that the AFT urge its state and local affiliates to campaign to expose the for-profit motives of high stakes testing companies and end the improper use of test results which diminishes real learning and is used to punish students, teachers, families, schools and districts rather than build better schools; and

RESOLVED, that the AFT urge its state and local affiliates demand that school districts stop the arbitrary closing and turning around of schools and rehire displaced and terminated teachers immediately.

RESOLVED, that the AFT urge and support its state and local affiliates to march, petition, rally, hold media events, and mobilize and utilize the help of supportive community partners to expose the inequalities that exist within the funding and management of public education and to improve the public perception of public education; and

RESOLVED, that the AFT and its locals advocate for federal, state and local educational policies that effectively balance the need for improvement of low-performing schools and closure of the achievement gap with the implementation of sound teaching and research-proven practices and strategies that enhance opportunities for all of America’s children to achieve and succeed.

Jen Johnson’s remarks in support of amendments to Resolution 8 on the floor of the AFT convention Saturday, July 10th

My name is Jennifer Johnson and I am from the Chicago Teachers Union, Local 1. I would like to support the resolution as amended and thank Janella for supporting these amendments. [Interjection by Randi Weingarten.] The closing of schools in Chicago and New York are prime examples of the current attacks on public education. AS a member of Chicago Teachers Union, we’ve witnessed our students rapidly losing their neighborhood public schools all in the name of improvement. It seems clear to me that the closing of schools in the name of improving education is both a fallacy and a mask for attacking tenure rights and seniority, feeding the profits of testing companies and busting our unions. I believe that the amendments that you see before you are in the spirit of the resolution and would enhance the message that the authors of the resolution wish to send. In Chicago, our contract is under attack from a CEO who sees dollar signs rather than years of service. He’s trying to chip away at a 10-month, which is short, reassignment pool for tenured teachers who are displaced by the closing and turning around of schools. We must preserve protections for our experienced brothers and sisters so that they can do what they love—which is to teach young people. In Chicago, over the last two years , we’ve built And we’ve gotten schools off that closing list for the 1st time ever.

This resolution and these amendments state that the best way to both improve our schools and educate our youth is to make sure schools are open and teaching and learning by union teachers is unmuzzled by the motives of testing companies. We must protect teachers from losing their jobs as a result of these motives and mobilize to make sure that the public understands just how devastating these closings are for students, teachers, families and communities across this country. Thank you.

Study: Is Promise Academy a 'Middling' Charter?

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Study: Is Promise Academy a 'Middling' Charter? Posted: 20 Jul 2010 07:28 AM PDT The Harlem Children's Zone Promise Academy charter school may outperform other public schools in New York City—but not necessarily other charter schools in Gotham. At least that's the conclusion drawn by Grover J. "Russ" Whitehurst in a provocative new analysis posted today by the Brown Center on Education Policy at the Brookings Institution. Whitehurst, you'll recall, is the former director of the federal Institute of Education Sciences. In his new job at Brookings, though, he's forged a second career from doing analyses that prick some of education's sacred cows. (See this article I wrote about his critique of the federal Head Start program. The celebrated Harlem Children's Zone, of course, is another one of those sacred cows. It's the model for President Obama's Promise Neighborhoods initiative, which seeks to replicate the zones in 20 cities across the country. The idea behind the zone is to delineate an impoverished area of a city and then provide the children growing up within its borders (as well as adults) with a wide range of support services, including asthma management, afterschool programs, community centers, academic tutoring and counseling, and fitness and nutrition programs. Earlier this year, a well-regarded randomized study of the zone's Promise Academy middle school by a pair of Harvard University researchers found that the charter schools within the zone were much more effective than regular public schools at raising students' academic achievement. For his analysis, though, Whitehurst sought to compare the Zone Promise Academy to other charter schools in Manhattan and the Bronx. Unlike the previous study, though, this was no randomized, controlled study. Whitehurst and his research partner, Michelle Croft, collected average reading and math scores over three years for several grades of students, converted them to percentile rankings, and then adjusted the rankings to account for racial, ethnic, and economic differences among students. The Promise Academy, they found, fell somewhere in the middle of the pack. In math, students ranked at the 48th percentile based on their raw average scores and at the 55th percentile when scores were adjusted. In English language arts, they ranked 42nd in terms of actual scores and 47th after socioeconomic differences were taken into account. "The inescapable conclusion is that HCZ Promise Academy is a middling charter school," the analysis concludes. "If other charter schools generate outcomes that are superior to those of the HCZ and those charter schools are not embedded in broad neighborhood improvement programs, why should we think that a neighborhood approach is superior to a schools-only approach?" From a public policy perspective, It would be far less expensive to focus solely on making the schools themselves the best they can be, according to Whitehurst. There are a couple of points to keep in mind here, though. One, as I mentioned earlier, is that this methodology is not quite as rigorous as a randomized study, which would have been difficult to do given this particular data set. The second point is that the competition for the Promise Academy was pretty stiff in this study. At least two studies so far have found that New York City's charters tend to outperform its regular public schools. And the mix of charter schools in this analysis includes three middle schools associated with the Knowledge Is Power Program, or KIPP, which calls for a longer school day, a longer school year, and even some Saturday classes. These findings, of course, are counterintuitive. And my guess is that they will raise some hackles among HCZ supporters, who are legion. I invite them to share (or vent) their thoughts here.

DEFAMATION OF DAVID PAKTER by the NEW YORK POST, MARCH 21, 2010

The NEW YORK POST and the NYC DEPT OF EDUCATION

Will "Face the Music" in NY State Supreme Court

Wednesday, July 21, 2010 at 80 Centre Street

Room 328 at 9:30 AM.

All are welcome to Attend.

Joel Klein, Esq. and his pitiful assortment of lapdogs, stooges, thugs and lackeys are used to dishing it out to their helpless Teacher victims. Now the public will have the opportunity to see if they can also take it.

***********************************************************

DEFAMATION OF DAVID PAKTER

by the NEW YORK POST, MARCH 21, 2010

On Sunday, March 21, 2010 The NEW YORK POST printed a story that included the statement that Mr. Pakter had been removed from the NYC schools system for quote "sexual misconduct"- a knowingly false statement since the paper had previously written about Pakter in another article about NYC Teachers in March of 2007.

The newspaper attempted to retract the false and Libelous statement one week later on Suday, March 28, 2010 by publishing a "Correction" Notice in a later Edition that included the words that the newspaper had, quote:

"...incorrectly stated the allegations against David Pakter. The Dept of Education only alleges that he was insubordinate. Pakter claims he brought in a plant and offered watches as honor-roll incentives".

( NEW YORK POST, SUNDAY, MARCH 28, 2010 )
_______________________________________________________________
Mr. Pakter has filed a $ 10,000,000 (Ten Million) NOTICE OF CLAIM against the NEW YORK POST newspaper as well as the NYC Dept of Education for the publication of false, libelous, defamatory, slanderous statements".

Both the NEW YORK POST newspaper as well as the NYC Dept of Education have been served with papers to appear in NY State Supreme Court on Wednesday, July 21, 2010, at 80 Centre Street, Manhattan, Room 328, at 9:30 A.M. before State Supreme Court Justice, the Hon. Cynthia Kern.
____________________________________________________________

The David Pakter Charges Dismissed by the Hon. Douglas J. Bantle, Esq.
_______________________________________________

OFFICIAL NYC DEPT OF EDUCATION CHARGES

AGAINST DAVID PAKTER

(Which were Dismissed on June 10, 2010)
_________________________________________

Below is a Verbatim Copy of ALL NYC DOE Charges against David Pakter

SPECIFICATIONS

DAVID PAKTER (hereinafter referred to as "Respondent") is a tenured teacher, under File # 407530, Social Security # XXX-XX-XXXX, formerly assigned to The High School of Fashion Industries in Manhattan. During the 2006-2007 school year, Respondent engaged in misconduct and was neglectful of his duties as follows:

In Particular:

SPECIFICATION 1: In or about October and/or November of 2006, Respondent promoted his and /or his family's watch business during school hours.

DISMISSED
___________________________________________

SPECIFICATION 2: In or about October and/or November of 2006, Respondent gave watches as gifts to students during school hours.

DISMISSED
______________________________________________

SPECIFICATION 3: In or about October and/or November of 2006, Respondent gave a watch to School Aide during school hours.

DISMISSED
_________________________________________

SPECIFICATION 4: In or about October and/or November of 2006, during class time, Respondent:

(a) Talked about his and/or his family's watch business.
DISMISSED

(b) Provided the watch website address.
DISMISSED

(c) Showed students a book and/or a brochure and/or a catalog of watches.
DISMISSED

(d) Said words to the effect that he would give a watch to any student who achieved a gradepoint average of 90% or better.
DISMISSED

(e) Showed two watches to students.
DISMISSED

(f) Talked about his personal life.
DISMISSED

(g) Said words to the effect that he was fired from The High School of Art and Design for being a whistleblower.
DISMISSED
______________________________________________

(h) Showed the class an "R" rated movie.
DISMISSED
____________________________________________

SPECIFICATION 5: In or about November of 2006, Respondent had two trees delivered to the school despite being previously told by Assistant Principal Giovanni Raschilla to wait until he discussed the matter with Principal Hilda Nieto.

DISMISSED
______________________________________

SPECIFICATION 6: Respondent's actions caused widespread negative publicity and notoriety to the High School of Fashion Industries and the New York City Department of Education in general when his unprofessional behavior was referenced in the UFT Newspaper.

WITHDRAWN by NYC Dept of Education

________________________________________________________

SPECIFICATION 7: During the 2006-2007 school year, Respondent was absent ninety-eight (98) times from work. (Rubber Room)

SPECIFICATION 8: During the 2006-2007 school year, Respondent worked a partial day fifteen (15) times. (Rubber Room)

Above two charges not considered since ALL previous Charges Dismissed
________________________________________

David Pakter

Charter Advocates' Deep Pockets

http://online.wsj.com/article/SB10001424052748703720504575377701262805436.html

By JACOB GERSHMAN

The charter-school movement appears to be catching up to the teachers union in political giving to Albany.

With the help of hedge-fund managers and other Wall Street financiers, charter-school advocates gave more than $600,000 to Albany political candidates and party committees since January, according to the latest campaign filings. That's more than twice as much as in prior reporting periods, according to allies of charter schools, which are publicly funded but privately run.

Pro-charter donations appear to have surpassed the $500,000 or so that candidates raised from teachers unions during the six-month period.

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Manhattan Charter School students watched President Obama's address to students in New York City in September 2009.

The gap isn't quite closed: Labor leaders, who are sitting on millions in political cash and have far more manpower, say they are waiting to see if lawmakers block education cuts before they unleash more money and roll out endorsements.

"We're being very conservative about our contributions to state legislators," said Richard Iannuzzi, president of New York State United Teachers. "We're really trying to see how this budget finally materializes."

Still, the donation numbers posted by education reformers have heightened his concern.

"What we're clearly seeing from so-called reformers is that they're putting money out there early and clearly threatening to use big dollars against people who don't toe the line," Mr. Iannuzzi said.

The spike in donations is another indication of the strength of a movement that, only several years ago, was championed by only a few conservative education policy-makers. "The political scales are much more evenly balanced between the teachers union and the charter advocates than they have been in any point in history," said Tom Carroll, president of the Foundation for Education Reform and Accountability, a pro-charter group.

The support overlapped with the recent clash between charter allies and the teachers union over an expansion of charter schools. Over the objections of labor leaders, lawmakers agreed to lift the charter cap, paving the way for another 260 schools to open around the state.

Frustration over Albany's halting effort to compete for hundreds of millions of education dollars in the Obama administration's Race to the Top incentive helped to galvanize donors, said Joe Williams, executive director of Democrats for Education Reform, a political action committee that spearheaded fund-raising. "That was a wake-up call to a lot of people," said Mr. Williams, whose advocacy network spent several million dollars on TV and direct-mail.

Charter advocates pumped most of their money to Democrats, who control both legislative houses. Support was also concentrated around politically vulnerable incumbents who stood by their cause, such as Long Island Sen. Craig Johnson, as well as insurgent candidates seeking to unseat hardened foes. In one of the most closely watched races, Basil Smikle, a Democratic political consultant allied with Mayor Michael Bloomberg, has raised $145,000 in his effort to topple Sen. Bill Perkins, a Harlem Democrat and a charter-school critic.

While incumbents typically enjoy a fund-raising advantage, Mr. Perkins raised $20,000 less than Mr. Smikle since January.

More than half of Mr. Smikle's contributions came from pro-charter donors, according to Mr. Williams.

Write to Jacob Gershman at jacob.gershman

NYC CEJ: Parents “outraged” at alarming st udent proficiency stats

FOR IMMEDIATE RELEASE

Contact: Barbara Gross – 347 262 6310

Evan Thies – 917 715 9265

NYC Coalition for Educational Justice: Parents “outraged” at alarming student proficiency stats

July 19, 2010 – News broke Sunday of the projected results of a study showing that New York State’s testing system for determining which eighth-grade students are proficient in math and English is severely flawed, and that our education system has left thousands of students who required further instruction unprepared for high school and college.

The NYC Coalition for Educational Justice (CEJ) has been a consistent critic of the ”reforms” that we now know have not produced the outcomes that education officials have claimed. The following statements are from CEJ parents in response to Sunday’s news.

“We are saddened that so many schoolchildren have not received the education they need and deserve, and are outraged that education officials have touted misleading statistics,” said Jose Gonzalez, CEJ parent leader and PS 73 PTA President. “We need dramatic action immediately. The DOE should begin by implementing CEJ’s School Transformational Zone to save troubled schools, giving increased support to teachers and students where it is needed, and adding an engaging, well-rounded curriculum.

“But the DOE must also change its fundamental approach for creating school reform,” Gonzalez added. “Stakeholders at every level must be involved in real ways.”

In May, the NY City Council unanimously endorsed CEJ’s call for a School Transformation Zone, which would integrate school-improvement strategies with additional resources over three years to turn schools around instead of closing them. Seventy-two school reform organizations, academics, and individuals also support the plan. Last week, the New York City Department of Education unequivocally rejected the proposal.

“CEJ has been saying for years that the structural reforms put in place by the Bloomberg/Klein DOE were not producing the significantly improved outcomes they were claiming for New York City students,” said Victoria Bousquet, CEJ parent leader. “Now we hope they will acknowledge this and listen to CEJ and the many others who have said that our children need an educational plan that includes a well-rounded, engaging curriculum, and teachers who get the resources and mentoring that they need. This study shows that our children can’t wait another minute.”

###

Evan Thies

917 715 9265

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Charters Chief Steps Down

By BARBARA MARTINEZ

Victory Schools Inc., a for-profit charter-school operator, has hired away New York City's charter-schools chief and is considering converting into a nonprofit.

Michael Duffy, the director of the Department of Education's Charter School Office, will join Victory, according to representatives for both the DOE and the company. Victory helps manage 16 charter schools with 7,000 students in New York, Philadelphia and Chicago.

Mr. Duffy, whose title hasn't yet been decided, is widely credited for accelerating charter-school growth in the city. He couldn't be reached for comment.

The future of Victory has been the subject of interest since the spring, when the New York legislature passed a law that essentially prevents for-profit charter schools from growing. The law, which also doubled the number of charter schools allowed in the state, said no more than 10% of the state's charter schools can be for-profit. Victory operates nine such schools in the state.

The company is considering becoming a nonprofit charter operator, but no final decision has been made, according to a person familiar with Victory's plans.

Victory was created in 1999 by private equity manager Steven Klinsky and helped start the state's first charter school, the Sisulu-Walker Charter School in Harlem. In general, charter operators charge a school's board a per-pupil amount, somewhere between $1,000 and $3,000 to help manage charter schools. Some of Victory's schools have been touted for high academic performance, including failing schools that Victory has worked to turn around.

But the company has also hit some bumps. At times, it has provided loans, with what critics charge are outsized interest rates, to the schools it helps manage. Victory has said it only loans schools money when the schools are unable to get financing any where else and that the interest rates reflect the risk that Victory is taking.

This past spring, the trustees of the State University of New York in Albany, which approve and regulate charters, voted to shut down Victory's New Covenant Charter School in Albany. Victory had taken over management of the school in 2006, and test scores improved, but not enough to satisfy SUNY's standards. In the end, the company lost its high-profile effort to keep the school open.

Victory is a privately held company, and its profits are not disclosed. Many observers, however, think for-profit charter operators in general, and Victory, in particular, are not very profitable at all. Still, in fighting for new charter-school regulations in Albany this year, the teachers' unions were successful in convincing legislators that profitability and taxpayer financed charter schools, don't go well together.

"Michael is joining Victory because he shares our steadfast commitment to students and our vision of creating outstanding schools," James Stovall, the chief executive of Victory, said in a statement. A spokesman for the DOE said that its work on charter schools "is nationally recognized, and Michael has played an important part in that success." He said that a national search for Mr. Duffy's replacement will ensue.

The DOE's charter office has at times been criticized for not being forceful enough in holding charter schools accountable on performance. But some dismissed such gripes. "It's a huge loss for Joel Klein," said Jeanne Allen, president of the Center for Education Reform, a Washington, D.C., a pro-charter school advocacy group. "I think Michael Duffy has done more to execute the chancellor's interest in growing public education in a variety of forms than anyone else."

Write to Barbara Martinez at Barbara.Martinez@wsj.com

Tisch and Steiner Faced With the Reality of NY State Ed Dept Bad Policy

Excerpt: The state’s PowerPoint from today’s meeting included some of the analysis performed by Koretz and Jennings. The State Education Department would not release the full analysis.

Hmm.

At long last, state offers evidence that test standards are low

For full power point check out GS at http://gothamschools.org/2010/07/19/at-long-last-state-offers-evidence-that-test-standards-are-low/#more-42738

by Anna Phillips

A slide in the state's presentation shows that eighth graders who score a level 3 on the math test have a low chance of getting a math Regents score that will lead to success in college.

In recent years, teachers, principals, parents, and much of the city’s press have met the annual unveiling of climbing test scores with increased skepticism, if not outright incredulity.

Today the State Education Department officially caught up to them and said yes, the results were too good to be true.

At a meeting of the Board of Regents this morning, Commissioner David Steiner presented (webcast) an analysis of state tests performed by Harvard University testing expert Daniel Koretz and New York University assistant professor Jennifer Jennings. The analysis shows that even though a greater percentage of students are passing the state’s exams than several years ago, many of these students are not prepared for high school or college.

Much of the criticism has focused on the state’s tests for elementary and middle school students and Steiner emphasized today that high school scores are exaggerated as well. Many students who pass the math Regents exam, even by a margin of 15 points, flounder in college, Steiner said.

Younger students who meet the state’s proficiency standards are moving onto high school with low chances of passing the Regents exams required for graduation. Those who do pass the Regents exams, even by a wide margin, are graduating without the skill level to get into college or, if they get in, to pass their courses.

Using an extended metaphor (tests : educators :: thermometers : doctors), Steiner said New York’s thermometers aren’t very trustworthy.

According to the testing analysis, students who score below an 80 on their math Regents exams — well over the 65 required to pass — stand a good chance of being placed in remedial math courses in college. Many won’t even get to college, as the chance of them scoring at least a 500 on the math SAT is about 28 percent.

“I am saying that that figure of 80 is a fulcrum point,” Steiner said. “That below it you are just not a student who is going to score well on your SATs. And above it you are a student who will score well on your SATs.”

For the state’s English Regents exam, that fulcrum point is a 75.

Students in grades three through eight who sit through the state’s annual math and English exams have also been getting inflated results, Steiner said.

Eighth graders who score a level 3 — meaning proficient — on the math test have less than a one in three chance of getting an 80 on their math Regents. Those who get a level 3 on the ELA tests have a one in two chance of getting a 75 on the ELA Regents.

The Commissioner said he planned to improve the tests by making them more difficult. In the future, he said, they will cover more material and have higher proficiency bars. As soon as next year, they will also be significantly longer.

In New York City, a spokesman for the Department of Education said the analysis does not put the city’s rising test scores in doubt because city students’ scores are improving at a faster rate than students’ scores across the state.

The state’s PowerPoint from today’s meeting included some of the analysis performed by Koretz and Jennings. The State Education Department would not release the full analysis.

***NEWS RELEASE*** DOE WANTS BLANK CHECK FOR CONTRACTS; LIU URGES NO!

*** News Release ***
************

******************************
DOE WANTS BLANK CHECK FOR CONTRACTS; LIU URGES NO!
******************************************

NEW YORK, NY - New York City Comptroller John C. Liu urged the Panel for
Education Policy (PEP) to reject the Department of Education (DOE)
resolution for a "Blanket Approval of Purchases through Contracts", which
would allow the DOE to make contract purchases without PEP approval. The DOE
resolution, on the meeting agenda posted for the upcoming July 19 PEP
meeting, comes less than a year after PEP approval of contracts became
required in the school governance reform (widely known as the extension and
modification of mayoral control of New York City schools) passed by the
state legislature last August.

During the heightened public debate leading up to the legislative passage,
New York State Comptroller Thomas DiNapoli had issued an audit report which
found significantly diminished assurance that the DOE's non-competitive
contracts were justified.

Comptroller Liu stated: "It's rather amazing that the DOE is already
plotting an end-run around the stronger DOE accountability required by
school governance reform passed less than a year ago. The State legislation
answered public demands for greater scrutiny and oversight of the DOE, yet
the DOE just doesn't relent in its pursuit of less public scrutiny and less
oversight. This little-known resolution, if passed, will not only circumvent
State law, but will encourage more expensive and unnecessary contracts, many
of which will undoubtedly be no-bid contracts that the public clearly
disapproves of."

New York City Councilmember and Education Committee Chairperson ROBERT
JACKSON stated: "Comptroller Liu's letter should be required reading in
Albany. Each and every one of our State legislators needs to understand how
their intent is being averted by DOE's attempt to bypass the explicit
protocol they established to foster accountability and public scrutiny.
This violates State law by removing PEP oversight, but the stealth bomber
under the radar approach of presenting this speaks volumes about DOE lack of
respect for public discourse and disclosure."

Assemblymember MICAH KELLNER stated: "This resolution is a clear attempt to
circumvent the contracting oversight provisions included in the school
governance reforms that were passed by the legislature last summer. By
putting forward this resolution the Department of Education is showing that
they want to pick and choose which parts of the law they want to comply
with. That is not how the law works."

In his July 16 letter to the PEP urging rejection of the resolution,
Comptroller Liu also noted that the resolution was not properly disseminated
for review prior to the vote and is inconsistent with existing procurement
policies and procedures. Although the vote on the resolution is listed on
the PEP's meeting agenda for tomorrow, July 19
(http://schools.nyc.gov/NR/rdonlyres/E771A08A-C2EC-463F-A186-473FE1AAFF63/85
721/PEP_RevisedAgenda_Jul192010.pdf), the resolution itself is still nowhere
to be found nor provided. The full text of Comptroller Liu's letter is
below.

---
July 16, 2010

Mr. David C. Chang
Chairperson, Panel for Educational Policy

Mr. Tino Hernandez
Chairperson, Contracts Committee
Panel for Educational Policy
Department of Education
City of New York
52 Chambers Street
New York, NY 10007

RE: Agenda Item C, Panel for Educational Policy Meeting, July 19, 2010

Dear Mr. Chang and Mr. Hernandez:

On Monday, July 19, 2009, the Panel for Educational Policy ("PEP") will be
asked to approve a resolution entitled "Blanket Approval of Purchases
through Contracts of the City of New York and its Agencies" amending Section
2-08(d)(2) of the Department of Education's ("DOE") Procurement Policy and
Procedures to permit DOE to make purchases through contracts of the City of
New York and its agencies without PEP approval. Presently, contracts with
the City of New York and its agencies require approval by the PEP in
conformance with New York State Education Law Section 2590-g(5)(c). I write
to inform you of the need for your continued oversight and to urge you to
reject the resolution as it is imprudent, inconsistent with existing state
law and would perpetuate DOE's history of poor transparency and
accountability.

My office has repeatedly asked for copies of the resolution, and to date, a
copy of the resolution has not been provided. But it is our understanding
that the resolution seeks to amend Section 2-08(d)(2) of the DOE's
Procurement Policy and Procedures as approved by PEP on January 27, 2010 to
exempt any contracts from PEP approval by the City of New York and its
agencies as undertaken by the DOE. Section 2-08(d)(2) currently exempts
only contracts with the U.S. General Services Administration and other
federal agencies or those with the NYS Office of General Services and other
State agencies from PEP approval. However, DOE has no authority to amend
its Procurement Policy and Procedures when such amendment would be
inconsistent with the provisions of New York State Education Law as amended
on August 11, 2009.

It has been less than a year since the New York State Legislature
strengthened the PEP's authority over DOE's contracting process because it,
in its wisdom, believed that it was prudent to require greater oversight and
public transparency over what amounts to billions of dollars in taxpayer
expenditures each year. My office takes the same position. Public
transparency is our duty. Blanket approval of contracts with City agencies
effectively removes these contracts from the PEP and public scrutiny. Had
the State Legislature intended to exempt these contracts from the PEP
approval, as it elected to do with New York State and federal contracts, it
would have done so.

Presently, the City of New York conducts procurements, known as
"requirements contracts," that are structured to serve multiple agencies.
Such contracts are generally let for goods and/or services concerning
information technology and commodities purchases through contracts held by
the Department of Information Technology & Telecommunications (DOITT) and
the Department of Citywide Administrative Services (DCAS). Requirements
contracts were established to achieve economies of scale and are limited to
the above two agencies. Although my office has been informed that DOE
intends to purchase from only DOITT and DCAS requirements contracts, it is
my understanding that the proposed resolution provides for no limitations on
the exemption.

Additionally, I must point out that it is unclear whether DOE has complied
with applicable PEP by-laws concerning public review. Section 2.5.1(g) of
the PEP by-laws states that the PEP shall undertake a public review process
"prior to approving a procurement policy for the City District and any
amendments made thereto;..The public review process shall include notice of
the proposed item under PEP consideration at least 45 days in advance of the
Panel vote on such item. Such public notice shall include a description of
the subject and the purpose and substance of the proposed item under
consideration, and shall otherwise conform to the requirements of Education
Law 2590-g(8) (a)." Based upon a review by my office, such required public
notice does not appear to have been properly posted on the PEP website, as
required, nor has such notice been properly provided in conformance with the
Education Law. My office discovered this item on July 2, 2010 under the
"Public Meetings" and "Agenda" section of the website rather than under the
"Public Notice" section. Additionally, the date of the Agenda page changes
automatically, thus there is no way of knowing when, in fact, the item was
posted and whether the 45 day requirement was met. Moreover, the website
contains no information under the "Meeting Materials" section nor the does
the Agenda item itself describe with any detail what could remotely be
interpreted as the "purpose and substance" of the proposed item.

In light of the fact that 30 percent of the City's budget is spent on
education, our City's taxpayers need more accountability on school spending
and the PEP should not allow DOE to maneuver an end run around governance
reform that was passed less than a year ago and to do so in a manner that
appears calculated to deceive the public.

I strongly urge you to reject the resolution.

Sincerely,

John C. Liu

JCM: dm
cc: Philip A. Berry, Vice Chairman
Linda Lausell Bryant
Joe Chan
Joan Correale
Dmytro Fedkowskyj
Tomas Morales
Gbubemi Okotieuro
Gitte Peng
Anna Santos
Patrick Sullivan
James Whelan
Geneith Turnbull, Deputy Comptroller, Office of Contract Administration
David N. Ross, Executive Director, DOE Division of Contracts and Purchasing

NY Times Article on School Drowning Criticized

To the editor public@nytimes.com> -

Although I lack direct knowledge of events pertinent to the June 22, tragic drowning of a NYC public school student during a class trip to Long Beach, I write to protest what appears on its surface to be misconstrued, even biased NY Times coverage of the DoE SCI's investigatory report, and subsequent disciplinary action against a first-year teacher ["School Trip’s Planning Is Criticized in Student’s Drowning" http://www.nytimes.com/2010/07/15/nyregion/15drown.html>] The almost predictable result has been to scapegoat an inexperience teacher for failures in DoE planning, procedures and training.

. "The group took the subway and to the Long Island Rail Road to Long Beach,

. where they then walked a quarter-mile to the boardwalk. Along the way,

. according to the report, they would have certainly passed large signs that

. read “Beach closed 11 p.m.-5 p.m.” and “No lifeguard on duty” and “No

. swimming or bathing.” [NYT - 7/14/10]

In later editions your article was re-captioned "Teacher Fired Over Field-Trip Drowning of Girl, 12", expanded and rewritten, without revision of its dateline or other indication of the changes. One point of particular significance is that in your revised article "Beach closed 11 p.m.-5 p.m." was changed (without comment) to "Beach closed 11 p.m.-5 a.m." The DoE report http://www.nycsci.org/reports/07-10%20Columbia%20Secondary%20School%20Ltr.pdf> actually has it: "BEACH CLOSED 11PM – 5AM" with "CITY OF LONG BEACH OCEAN BEACH PARK" "NO LIFEGUARD ON DUTY" and "NO BATHING OR SWIMMING" below that.

Putting aside the fact that in the DoE-SCI report several students and other observers reported at interview that on June 22 some signs were obscured by sand drifts-- when sent by her superior to this specific beach, reportedly chosen based on the AP's firsthand knowledge and experience as well as checking online, the only reasonable interpretation of the signage is: No lifeguard on duty and No swimming or bathing when the beach is closed: 11PM – 5AM. This interpretation would be reinforced by observing the presence of other bathers and, in fact, a coincident NYC public school (PS 3) class trip of even younger children.

A further salient fact mentioned casually in the DoE-SCI report, and overlooked in NYT articles, is that as a matter of public record (i.e., information readily available online, but reportedly not included in visible beach signage): on June 22, Long Beach was not yet open for the season on weekdays. This fact should have been apparent during competent DoE advance trip planning because, per information posted online-- during the beach season: "Everyone age 13 and older must have paid the admission fee to be permitted on the beach 9AM-6PM." Thus, were the beach open that day, it would be necessary to purchase passes for the class chaperons (but no such plans were made by the school.) By reasonable extension, surely it must strike one when planning a trip: if a beach is not "open", then it probably lacks lifeguards.

By all accounts, none of this critically relevant information was available to the novice teacher-- who was simply saddled by school administrators with the responsibility of escorting two-dozen 6th-graders to a totally unfamiliar beach, with inadequate support (accompanied by an intern, fortunately from the coast of Maine, and a non-swimmer friend.) Clearly, the tragic failure here was not so much that of arguably poor judgement on-site under pressure of the circumstances by a first-year teacher, but one of DoE policy, school administration, and trip planning. And yet the NY Times articles examined none of this critically, content to focus on a DoE-SCI manufactured litany of alleged teacher failings.

On its face, your coverage of the matter was pathetic. Arguably on the positive side, though given MUCH less prominence in your pages, a 7/16/10 article "At School in Harlem, Resentment Over Girl’s Drowning on a Field Trip" http://www.nytimes.com/2010/07/16/nyregion/16drown.html> does belatedly offer a somewhat corrective perspective for those of your readers with the requisite attention span. However, today's article does not undo the damage and misrepresentation evident in your earlier front-page pronouncements. What would be a more useful and constructive step toward lessening the likelihood of another such tragedy is a critical examination of DoE trip-planning practices and policy. NOT with an eye to making the process more costly and difficult for chronically underfunded "inner-city" schools (as you have reported some village idiot politicians would now have it)-- but to apply needed intelligence, and prod the DoE to develop online trip-planning support services.

Jeff Bogumil

Schools Matter Blog on Bill Gates

Bill, Joel at Aspen Gathering

The teachers that cheered Randi and booed protesters during Bill's introduction/presentation at the recent AFT conference haven't the slightest clue about how the billionaire views the future of public education. Sure, sure - he'll praise teachers and claim to want to work with them, but he'll then turn around and show up at events like Aspen Institute gatherings to push policies that are anti-student, anti-teacher, and anti-public school. Pensions for teachers? Nah. Adequate funding for education? Nope. Lots of charters, temp teachers looking to boost their resume, and layoffs of thousands of career teachers? Yep.

What, exactly, are you cheering for, AFT folks? This man? You've got to be kidding. But you're not, and that's highly concerning. You'll get what you ask for, and what your asking for is a crappy education system, poor working conditions, and no economic/job security.

From the Wall Street Journal:

Getting Schooled in Aspen

Bill Gates attacks "fraudulent" accounting that hides the cost of teacher pensions.

By JOHN FUND

Ever since its inception in 2007, the Aspen Ideas Festival has been a proving ground for thinkers who want to break with liberal orthodoxy on certain subjects. One is education. The event, sponsored by the Aspen Institute, has been a annual refuge for Democrats who would like more choice and competition in K-12.

"The education system is built on the three pillars of mediocrity: lockstep pay, lifetime tenure and seniority," was Joel Klein's assessment at this year's Festival. He ought to know -- he's the chancellor of the New York City Department of Education, the nation's largest school system.

Mr. Gates said a big part of the problem is "fraudulent" state budgeting systems, which fail accurately to account for the cost of pension promises. A legislator who "says 'yes' doesn't feel any pain at all," he said. Thus the "accounting fraud" that lets politicians treat generous teacher pensions as a free lunch rewards them for spending more on retired teachers than on current students.This year, Mr. Klein also had some backup from a friend (and former rival in the Microsoft antitrust case), Bill Gates, who has devoted much of his time to education since stepping down from full-time work with the company in 2006. Undermining public education, he said, is a system that channels too much money to pensions for retired teachers. He predicts that state and local governments will have to lay off 100,000 active teachers in the next couple of years. "I'm very much against that," said Mr. Gates who noted that many of the teachers who lose their jobs will be younger, more motivated teachers at the bottom of the seniority system.

Mr. Gates hasn't been a big fan of implementing full school choice through a voucher system. But his Gates Foundation has spent some $4 billion in the past few years promoting the creation of smaller neighborhood high schools and charter schools, which are public schools that operate outside of the straitjacket of teacher union contracts. Here's hoping he continues his plain speaking about education and perhaps comes better to appreciate how vouchers might aid his hope of cracking open the existing system.

Under the proper conditions, with the appropriate degree of preparation and caution, I would probably agree that a school principal should not be dismissed when a tragic accident occurs out of his/her control. In this instance, however, there appears to have been something of a pattern of laxness, at least with regard to these class trips, as witnessed by the lack of parent-signed permission slips documented now on at least two occasions.

Likely those slips would not have made a difference in the final tragedy, but there IS something else Mr. Maldonado-Rivera should have done that WOULD perhaps have made a difference: intervene in the trip plan. Sending 25 or so students out to an ocean beach, accompanied by a first-year teacher, a 19-year-old intern, and the teacher's boyfriend(!!!) does not in my mind constitute anything remotely close to due care and precaution. If parents had known that this trio constituted their children's entire cohort of chaperones, some might have voiced concern to the school. Regardless, Mr. Maldonado-Rivera's job is to ensure that the chaperoning is adequate to the event, and in this case, it was patently not. The potential for trouble could easily have been foreseen and should have been, due to the small number of chaperones, their inexperience, and the fact that one of them did not even know how to swim. Mr. Maldonado-Rivera's failure to insist on more, or at least more experienced and mature chaperones (and ones who could swim) appears at minimum to have been a direct contributor to the tragedy. He may well be a wonderful school principal, but he also seems to have fostered a dangerously casual attitude toward procedures and safety, one that seems to have at least contributed to a young girl's needless, accidental death.

The DOE response, that "In the heartbreaking days following Nicole's death our primary focus was not on the tenure status of Columbia Secondary School officials" is ridiculous and belied by their own actions, since it certainly didn't take them long to focus on the employment status of the teacher (now fired) and the AP (now demoted from administration back to being "just" a teacher).

In Joel Klein's DOE, there's only accountability when it serves their interests or promotes their agenda. Nice work if you can get it.

Steve Koss

leonie@att.net>
To: nyceducationnews@yahoogroups.com
Sent: Fri, Jul 16, 2010 11:09 am
Subject: [nyceducationnews] Harlem principal got tenure after deadly beach trip where student Nicole Suriel drowned

As long as those test scores go up…nothing else matters. Even a little girl’s life….

http://www.nydailynews.com/ny_local/education/2010/07/16/2010-07-16_harlem_principal_got_tenure_after_deadly_beach_trip_where_student_nicole_suriel_.html

Harlem principal got tenure after deadly beach trip where student Nicole Suriel drowned

BY Rob Sgobbo and Rachel Monahan
DAILY NEWS WRITERS

Friday, July 16th 2010, 10:29 AM

Price for News

While a teacher was fired and an assistant principal demoted after the June 22 drowning of 12-year-old Nicole Suriel, officials could only seek to put Principal Jose Maldonado-Rivera on probation.

Related News

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• Another school allowed kids to swim at same beach where girl drowned
• Anger, tears at funeral for 12-year-old drowning victim
• Devastated dad wants answers in daughter's drowning death
• Class trip to beach ends in tragedy: Girl, 12, drowns
• Investigation cans teacher who let teen drown
• Beach reopens after tragedy
• Mother of girl who drowned at Long Beach breaks down

The Harlem principal whose school went on a deadly beach field trip faces only a slap on the wrist since officials granted him tenure just days after the girl's death.

While a teacher was fired and an assistant principal demoted after the June 22 drowning of 12-year-old Nicole Suriel, officials could only seek to put Principal Jose Maldonado-Rivera on probation because his tenure became effective July 1.

The decision to grant him the job protections had been made in April, months before a series of tragic missteps led just three chaperones to take 24 students from Columbia Secondary School to Long Beach, which had no lifeguards on duty.

But no one revisited the tenure decision after the disastrous outing, even though chancellor's regulations state principals are ultimately responsible for field trips.

"In the heartbreaking days following Nicole's death our primary focus was not on the tenure status of Columbia Secondary School officials," said Education Department spokeswoman Natalie Ravitz.

Officials had to ask Maldonado-Rivera to agree to be put on two years' probation, which he did yesterday.

In a scathing report released Wednesday, Maldonado-Rivera acknowledged that he authorized a beach field trip as a reward for fund-raising.

He said he was unaware of deadly riptides at Long Beach and didn't realize there would be no lifeguards there that day. His attorney declined to comment.

The investigation also found students went on at least one other water-related trip without proper permission forms.

Assistant Principal Andrew Stillman - who backed out of the trip at the last minute - was demoted from making $98,000 a year to being a teacher making $63,000. He will join the pool of teachers who still get paid but don't have permanent assignments, officials said yesterday.

Erin Bailey, the teacher chaperoning the trip along with an intern and her boyfriend, was fired.

Nicole's father, Juan Suriel, said the family wasn't any happier because of the punishments. "I don't wish any harm on anybody. It doesn't make me happy that Nicole's teacher was fired, or that bad things happened to other people," said Suriel. "All I want is for this to not happen to anyone else's family."

Columbia Secondary School parents association co-president Maria Hererra said there's support for the principal staying as school leader.

"We're hoping to come out of something so tragic with something positive to show for it," she said. "The less additional change, the better right now."

rmonahan@nydailynews.com

Read more: http://www.nydailynews.com/ny_local/education/2010/07/16/2010-07-16_harlem_principal_got_tenure_after_deadly_beach_trip_where_student_nicole_suriel_.html#ixzz0trH5buVf

Drown principal staff shout fire!

By DAN MANGAN and YOAV GONEN

Last Updated: 6:17 AM, July 16, 2010

Posted: 2:34 AM, July 16, 2010

http://www.nypost.com/p/news/local/manhattan/drown_principal_staff_shout_fire_ImDxkFYmY8LpPXeRnO9JeJ

| More Print

It's a mutiny.

Angry teachers are revolting against a Harlem middle-school principal they believe should get the heave-ho for authorizing a beach trip on Long Island in which 12-year-old Nicole Suriel drowned.

Teachers told The Post that "maverick" Principal José Maldonado-Rivera had a habit of flouting safety rules during his three years at Columbia Secondary School, including using unscreened and uncertified teachers -- and often parents, friends or spouses -- as instructors and volunteers.

They said his pattern of carelessness, such as ignoring limits on how many kids could enroll in a course that involved using power tools, box-cutters and other dangerous equipment, should have gotten him the boot after a probe released this week showed Maldonado failed to get parents to sign consent forms before the tragic trip.

Brad Trettien

REVOLTING: Now ex-teacher Erin Bailey (above) waits during the search for drowning victim Nicole Suriel (inset). Principal José Maldonado-Rivera attends her June 26 funeral.

"A young girl who should be enjoying her summer vacation . . . is not able to do that because of behavior and practices and conduct that originates in the office of the principal," said Chris Jones, a founding faculty member at the school. "If I was in the position that Dr. Maldonado was in, I would have resigned."

In the report released Wednesday, Maldonado took responsibility for putting 26-year-old teacher Erin Bailey, nonswimmer substitute Joe Garnevicus, and 19-year-old intern Victoria Wong in charge of sixth-graders on a June 22 field trip to Long Beach, LI.

There were no lifeguards on duty, and even kids who didn't know how to swim -- including drowning victim Nicole -- were allowed to enter the rough waters, according to the report.

While Bailey is being fired for poor judgment, Assistant Principal Andrew Stillman -- who organized the trip, but who backed out of attending at the last minute -- is merely being demoted.

Maldonado, a third-year principal who earned his tenure only in April, is facing just two years' probation. His attorney, Gary Naftalis, declined to comment.

Teacher Chance Malley said he had sent the district superintendent a letter expressing concerns about Maldonado days before the tragedy.

He and other staffers complained that four hours of testimony they had recently given to UFT officials documenting Maldonado's safety violations were never forwarded to investigators or to the Department of Education.

"These issues were meant to be brought to your attention in consideration and light of more recent and tragic events," Malley wrote in an e-mail to Schools Chancellor Joel Klein.

"I am also concerned that the investigative team did not receive testimony from a single teacher. I certainly hope that this is not the close of this investigation."

UFT officials said the complaints weren't directly relevant to the probe.

DOE spokeswoman Natalie Ravitz said the superintendent did not receive a letter of complaint from Malley, and she couldn't find any complaints lodged against the principal.

"This was disciplinary action taken as a result of this specific incident," she said. "We are reviewing the regulations on field trips, and will be making some changes in light of this tragedy."

Additional reporting by Michael Blaustein, Jennifer Bain, Helen Freund and Sabrina Ford

dan.mangan@nypost.com

Read more: http://www.nypost.com/p/news/local/manhattan/drown_principal_staff_shout_fire_ImDxkFYmY8LpPXeRnO9JeJ#ixzz0tryDWnRO