details

Maze of rules in bill to end seniority layoffs starts with U-rated

Mayor Bloomberg’s fight against “last-in, first-out” layoff rules— the policy of laying off teachers by reverse seniority — has made its way to Albany.

Last night, State Senator John Flanagan introduced a bill that would end the practice and the same bill will be introduced in the Assembly by New York City Assemblyman Jonathan Bing.

The bill rules out seniority as the sole factor in determining who gets laid off. To replace the current seniority system, the bill offers eight pages of an extraordinarily complicated, prioritized list of which teachers and school supervisors would be first in line to be laid off.

Bing’s Chief of Staff Jake Dilemani said the bill was written with input from the mayor’s office, along with groups like Educators 4 Excellence — an organization of teachers who, with funding from the Gates Foundation, has put forward its own proposal to change teacher layoffs.

In a statement sent to reporters, United Federation of Teachers President Michael Mulgrew said that the bill would “send us back to the days before civil service protections, when people could be fired for being the wrong race or gender, too young or too old.”

Last year, when Bloomberg was threatening to lay off roughly the same number of teachers, Bing proposed a bill that would end seniority-based layoffs. At the time, opposition to the bill was so fierce that the bill was never voted on. But this year, anti-last in first out sentiments have reached a fever pitch, with the city’s four editorial boards lined up in favor of changes.

This year’s bill is substantially more detailed than the one Bing proposed last year.

If the bill is passed into law, there will be nine categories of school employees who will be laid off before their peers. Employees who fall into all of these categories would lose their jobs first, followed by those who fall into eight of the categories, and so on down the scale to employees who fall into two categories. If the city finds that it still needs the lay off people after that, the next rung of layoffs will hit teachers and supervisors who are in the first category — those with unsatisfactory ratings.

The categories, in order of layoff priority, are:

  1. Teachers and supervisors who have received an unsatisfactory rating in the last five years. If the new teacher evaluation system is put in place before layoffs are carried out, then teachers labeled “ineffective” would be the first to go.
  2. Teachers and supervisors who have been fined or suspended without pay in the last five years. This means that teachers who’ve been charged with misconduct or incompetence and have either pled guilty or been found guilty in the last five years would be laid off. For example, the Bronx principal who was found guilty of arbitrarily giving her teachers unsatisfactory ratings and was fined $7,500 would be laid off before another principal. Under the current system, a principal with less seniority would be laid off before her.
  3. Teachers and supervisors who have been in the Absent Teacher Reserve pool for more than six months. These are school employees who were forced out of their jobs when their schools could no longer afford them and have not yet been hired by another school. They remain on the city’s payroll while some work in administration and others work as substitute or full-time teachers. Given that it’s rare for schools to excess staff in the middle of the year, the six-month deadline in the law would include most of the teachers in the ATR pool at the present time.
  4. Any teacher or supervisor convicted of a crime in the last five years.
  5. Teachers and supervisors who have been fined for being chronically absent or late in the last five years. Also includes employees who have been fined for “improper use or recording of leave time.” The terms “chronically absent” and “chronically late” are not defined in the teachers union contract as a set number of days, according to a spokesman for the UFT.
  6. Teachers and supervisors who have been the subject of an investigation in the last five years that ended with the charges being substantiated. This covers school employees who have been investigated by the city school district’s special commissioner of investigation, the city school district’s office of special  investigations or the city school district’s office of equal opportunity. Having charges substantiated translates to an indictment, but it does not mean that these people have been found guilty.
  7. Teachers and supervisors who, by the August 31 of the year in which layoffs take place, have not completed their certification.
  8. Teachers who, for two years or more, have been ranked in the bottom 30 percent of teachers based on their students’ test scores. These rankings, which measure students’ progress against a model that predicts what their test scores should have been, cover a small percentage of teachers. Only teachers who teach math and English in grades 4-8 receive teacher data reports.
  9. Teachers and supervisors who were not granted tenure after three years, but were put on probation for the year preceding layoffs. Recently, the Department of Education has begun encouraging principals to extend teachers’ probation rather than offer them tenure if they believe the teacher shows promise, but is not yet ready for a lifetime commitment from the city. Anecdotally, I’ve heard from teachers who’ve had their probationary periods extended by one or two years when their schools had a series of new principals, each of whom requested an additional year to get to know her staff.

And we’re not done yet.

If the city lays off all of the teachers who fall into multiple categories, then proceeds to the first category — those with unsatisfactory ratings — but discovers that it only needs to lay off a fraction of these people, then new measures come into play. Employees with the most unsatisfactory ratings in the last five years will be laid off first, followed by those who have been given U-ratings, as they’re commonly known, most recently.

Employees in the Absent Teacher Reserve will be laid off based on how long they’ve been in the pool. And teachers and supervisors who have been convicted of a crime in the last five years will be laid off based on how recent the conviction was. Among those who fall in the low value-added score category, teachers with the lowest scores will be laid off first, unless they teach children with disabilities or who require special education services.

If the city makes its way through this labyrinthine process and still needs to lay off more teachers, the ball rolls into the court of the Board of Regents, who will get to decide what types of teachers are laid of next. The bill contains a measure meant to protect high needs schools — defined as those where 90 percent of students get free or reduced lunch — against being overly burdened by layoffs. It states:

Any such regulations must ensure that in a high-need school the number of staff laid off shall not exceed the percentage of the overall number of positions in the school that represents half of the average percentage of staff laid off citywide.

If the Board of Regents does not come up with a layoff plan within 75 days, individual school principals will get to decide who to let go, using guidance from the city’s school chancellor. A committee of parents, teachers, and administrators is supposed to advise the principal in making this decision. However, if the city decides that it wants to eliminate all the positions within a certain license area (e.g. gym or art), it can overrule the Board of Regents and principals’ decisions.

pre-k for all

New York City will add dual language options in pre-K to attract parents and encourage diversity

PHOTO: Christina Veiga
Schools Chancellor Carmen Fariña, back right, visits a Mandarin pre-K dual language program at P.S. 20 Anna Silver on the Lower East Side.

Education Department officials on Wednesday announced the addition of 33 dual language pre-K programs in the 2018-19 school year, more than doubling the bilingual opportunities available for New York City’s youngest learners.

The expansion continues an aggressive push under the current administration, which has added 150 new bilingual programs to date. Popular with parents — there were 2,900 applications for about 600 pre-K dual language seats last year — the programs can also be effective in boosting the performance of students who are learning English as a new language.

Another possible benefit: creating more diverse pre-K classrooms, which research has shown are starkly segregated in New York City.

Schools Chancellor Carmen Fariña said the new programs reflect the city’s commitment to serving all students, even as a national debate rages over immigration reform.

“It’s important to understand that immigrants or people who speak a second language are an asset,” Fariña said. She called bilingual education “a gift that I think all schools should have.”

Included in the expansion are the city’s first dual language pre-K programs in Bengali and Russian, which will open in Jamaica, Queens, and the Upper West Side, Manhattan, respectively. The other additions will build on programs in Spanish, Mandarin and Italian. Every borough is represented in the expansion, with 11 new programs in Manhattan, nine in Brooklyn, six in Queens, five in the Bronx, and two on Staten Island.

In the dual-language model, students split their time between instruction in English and another language. At P.S. 20 Anna Silver, where the recent expansion was announced, pre-K students start the morning in English and transition to Mandarin after nap time. Experts say the model works best when the class includes an equal mix of students who are proficient in each language so they can learn from each other as well as the teacher, though it can often be difficult to strike that balance.

Officials and some advocates view dual-language programs as a tool for integration by drawing middle-class families eager to have their children speak two languages into neighborhood schools that they otherwise may not have considered. Research has shown that New York City’s pre-K classrooms tend to be more segregated than kindergarten. In one in six pre-K classrooms, more than 90 percent of students are from a single racial or ethnic background. That’s compared with one in eight kindergarten classrooms, according to a 2016 report by The Century Foundation.

Sharon Stapel, a mother from Brooklyn, said she knew early on that she wanted her daughter to learn another language and strike relationships across cultures. So she travels to the Lower East Side with her four-year-old, Finch, to attend the Mandarin dual-language pre-K program at P.S. 20 Anna Silver. On Wednesday, the city announced it will add a Spanish dual language program at the school.

“We really see it as how you build community with your neighbors and your friends,” Stapel said. “It was also an opportunity for Finch to become involved and engage in the cultures and in the differences that she could see in the classrooms — and really celebrate that difference.”

Citywide, about 13 percent of students are learning English as a new language. That number does not include pre-K since the state does not have a way to identify students’ language status before kindergarten. However, based on census data, it is estimated that 30 percent of three- and four-year-olds in New York are English learners.

Dual-language programs can benefit students who are still learning English — more so than English-only instruction. Nationally and in New York City, students who are learning English are less likely to pass standardized tests and graduate from high school. In one study, students who enrolled in dual-language courses in kindergarten gained the equivalent of one year of reading instruction by eighth grade, compared with their peers who received English-only instruction.

The city has been under pressure to improve outcomes for English learners. Under the previous administration, New York City was placed on a state “corrective action plan” that required the education department to open 125 new bilingual programs by 2013. Though the city fell short of that goal, the current administration has agreed to place every English learner in a bilingual program by the 2018-19 school year.

Among the greatest barriers to achieving that is finding qualified teachers, Fariña said. In some cases, it can be hard to find teachers who are fluent in the target language. In others, teachers who are native in a foreign language may only be certified in their home country, and it can be hard to transfer that certification to New York.

In order to open an Urdu program recently, Fariña said, the teacher, who holds a degree from another country, went through Teaching Fellows, an alternative certification program that usually caters to career-changers or recent college grads.

“I think the biggest challenge we have right now is ensuring our teacher preparation courses are keeping up with our need and demand for teachers who can teach another language,” she said.

college plans

As Washington decides their fate, ‘Dreamers’ preparing for college are stuck in limbo

PHOTO: Joe Amon/The Denver Post
Randi Smith, a psychology teacher at Metro State University, marched to support Deferred Action for Childhood Arrivals during a citywide walkout in downtown Denver, CO.

While many high schoolers spend spring of their senior year coasting through classes and waiting to hear back from colleges, undocumented students who hope to attend college spend their time calling lawyers, consulting school counselors, and scouring the internet in search of ways to pay for school without the help of federal financial aid or student loans — assuming they even get in.

That process, anxiety-provoking even in a normal year, has become incalculably more chaotic this admissions season — even traumatic — as these young undocumented immigrants watch President Trump and lawmakers wrangle over Deferred Action for Childhood Arrivals, the program that has until now allowed them to remain in the country without having to fear deportation.

As the policy battle nears a climax, these students aren’t just breathlessly waiting to learn whether they’ll be accepted into college — they’re waiting to see whether they have a future in this country.

“It’s different for me. It’s definitely more stressful and there are times when you want to give up,” said an undocumented student at KIPP NYC College Prep High School, who is graduating this year and applying to colleges. She requested anonymity because of her legal status. “But then I remind myself that regardless of what’s going on, I’m still going to do what I’ve set myself to do.”

High school counselors are also feeling the strain. They already faced the difficult task of helping undocumented students compete for private scholarships, and finding schools that will support those students once they’re on campus. Now those counselors also must monitor each twist and turn of the immigration debate in Washington, while, somehow, trying to keep their undocumented students focused on college.

One of those counselors is John Kearney, who works at Guadalupe Centers Alta Vista High School, a charter school in Kansas City, Missouri. Dozens of his soon-to-graduate students are beneficiaries of DACA, a program created under former President Obama that allows undocumented immigrants who were brought to the country as children to avoid deportation and work here legally. Lately, they have been asking him why they should even consider college when their fate in the U.S. is so uncertain.

“The big question is, ‘Why? Why go to college, and then I can’t even work, then why?’” said Kearney, who also helped start a nonprofit that provides scholarships to undocumented students. “It’s a really tough question.”

As of Friday, President Trump and lawmakers were still locked in heated negotiations over DACA, which Trump said this fall that he would eliminate unless Congress enshrined it in law. Without an agreement, it is set to expire March 5, just as graduating seniors firm up their college plans. If that happens, young immigrants, often called Dreamers, could lose the few crucial protections they have. For many, their DACA status has already lapsed.

Even with DACA’s protections, Dreamers face massive hurdles to enroll in college: They don’t qualify for federal aid or loans, and, in some states, are barred from receiving financial aid or even attending public universities. Out of the estimated 65,000 undocumented students who graduate from high school every year, only 5-10 percent enroll in college.

Following Trump’s announcement in September, counselors have also had to race against the clock counting down to DACA’s expiration: That meant juggling college application deadlines with the October cutoff for students to apply for renewed DACA status.

The KIPP charter school network received a donation this year to help students pay for the renewal fee, which has been a godsend for many students — including the young woman who is graduating from KIPP NYC College Prep High School.

As soon as she learned the school would pay the fee for her, she immediately called her father, who is also undocumented and repairs beauty-salon equipment for a living.

“My dad was definitely trying to round up the money before the deadline, so it was a blessing that the school was able to find a donor,” she said. “I told him not to worry about it and it was a relief — like a weight off his shoulders.”

If the girl was trying to relieve her father’s stress, her college counselor, Rob Santos, was trying to do the same for her. Even as she balanced college-application essays, transcripts, and the rest, she was also coming to realize how quickly her life would change if DACA is not extended.

“There was definitely extra emotional support that I’ve had to provide this year,” Santos said. “I definitely had my DACA student in my office, and tears were happening.”

Santos keeps a running list of the colleges that accept students who don’t have permanent legal status and the few scholarships available to them. Many of those scholarships require undocumented students to have DACA status. If the program ends, it’s unclear whether students will still be eligible.

Still, Santos said his dreamer student rarely talks about the political furor surrounding her future in the U.S. as she awaits her college-acceptance letter. Instead, she’s more likely to discuss her hope of one day studying business and fashion.

“Our DACA students are resilient. They’re optimistic,” Santos said. “But they’re also realistic for what could actually happen.”