aftermath

Few hard details about 24 schools as city prepares legal action

Mayor Bloomberg speaks at a press conference this afternoon in Union Square.

The city canceled meetings with the teachers and principals unions today as its lawyers prepare to seek a restraining order against a ruling that reverses thousands of hiring decisions at 24 struggling schools.

Both the United Federation of Teachers and the Council of School Supervisors and Administrators planned to meet with city officials this afternoon to figure out what would come next for the schools, which had been slated to undergo an overhaul process called “turnaround.” The process involved radically shaking up the schools’ staffs, which total more than 3,500 people. But the arbitrator’s ruling undid all of the changes.

UFT President Michael Mulgrew said the meeting was already on his agenda by Friday afternoon, just hours after the arbitrator ruled that the city’s staffing plans for the schools violated its contracts with the unions.

A main agenda item would have been figuring out a mechanism for staff members who were not rehired at the schools to reclaim their positions. Another issue, Mulgrew said on Friday, was whether the city and unions might instead try to hash out a teacher evaluation agreement for the 24 schools so they could undergo less aggressive overhaul processes and still qualify for federal funding.

But this morning, the city told the unions that the meetings were off.

Mayor Bloomberg explained this afternoon that he thinks the city should not have to abide by the arbitrator’s ruling until the arbitrator explains his reasoning.

The arbitrator, Scott Buchheit, released only his conclusions, not the legal rationale he used to get there. That would come separately, he wrote. The city and unions agreed to fast-track the arbitration, which was binding, on the grounds that schools would be harmed if hiring decisions were not made before the end of the school year.

“I have no idea what was going through the arbitrator’s mind,” Bloomberg said after a press conference about a city greenmarket initiative.

“I can just tell you, there are 24 schools, [and] almost all students there are minorities, single-digit-proficiency levels,” Bloomberg said. “These kids, if they’re there for one more year, will never recover in their entire lives.”

City lawyers are preparing papers to present to a judge as early as this afternoon — but more likely tomorrow — that will make Bloomberg’s case.

The lawyers are not at all assured success: They will be seeking a restraining order in New York State Supreme Court, the same court that urged the city and unions into the binding arbitration in the first place. Plus, they will be asking to put on hold the results of a refereeing process the city willingly entered, with a referee that the city and union both approved.

Meanwhile, teachers at the schools are weighing their options. Any teacher who was rehired as part of the turnaround staffing process will automatically keep his or her job, and any teacher who took a job in another school for the fall can choose whether to keep that position or retake his spot at his former school, according to a message from the UFT to teachers at the schools distributed on Friday.

Teachers who weren’t rehired will be able to reclaim their spots and slide right back into the seniority rank they occupied before. Seniority will come into play if the schools lose students and must shed teachers, which contractually must be done according to the principle of “last in, first out” in each subject area.

All of the principals who were in place last week are also entitled to stay on, even if they had been told they would not return this fall. But a handful of principals who left their schools early in the turnaround planning process this winter — including Barry Fried at John Dewey High School and Anthony Cromer at August Martin High School — will not share that right, according to a principals union spokeswoman.

And staff members at the schools are worrying that even if the rehiring reversal stands, the uncertainty that has hung over the schools since last fall will not abate.

A teacher from Long Island City High School who listened in on the hearing where the city and unions agreed to arbitration said at the time that the turnaround schools would be harmed regardless of the lawsuit’s outcome. “It’s like they’re pushing Humpty Dumpty off a wall,” the teacher said. “You will have a lot of trouble putting [the schools] back together again.”

A teacher at Lehman High School said he’s moving on to another school and expects many of his former colleagues to make the same choice. “The administration and principal completely ignored the school these past few months while they planned for next year,” he said. “I believe that it is very likely that our stats went down from last year.”

Among the unanswered questions is whether the nonprofit organizations that had been working with a dozen of the schools will continue to play a role in their operations. The city had hoped to use federal School Improvement Grants to pay the groups, but the grants are almost certainly off the table because the arbitrator’s decision will mean few if any schools meet federal and state eligibility rules.

“Everyone is nervous about what happens next,” said Lisa Jimenez, a teacher at Newtown High School, which has been working with a group called Diplomas Now. “Do we need to worry about getting closed next June? Do we continue with the original plan of these schools having three years to improve?”

Detroit week in review

Week in review: Two schools in Detroit were excited to show off shiny new spaces

PHOTO: Detroit Public Schools Community District
J.E. Clark Preparatory Academy's new basketball-themed library, courtesy of the Detroit Pistons.

It was a week of big reveals and big donations. A charter middle school unveiled new classrooms and science labs made possible by a $6 million renovation. An area mortgage company made a large contribution to City Year Detroit. And a local sports team’s donation helped build a new library at a Detroit district elementary school.

Unfortunately, more than money is needed to figure out how to reuse the scores of vacant schools that dot Detroit’s landscape and destabilize its neighborhoods. We wrote about the challenges of repurposing those buildings this week.

In other news, watch our own Erin Einhorn on Detroit Public TV’s American Black Journal. She talks about the three days she spent behind the scenes with Detroit schools chief Dr. Nikolai Vitti.

Finally, we are hiring! If someone you know is interested in being a reporter for Chalkbeat Detroit, contact us.

Have a great week!

— Julie Topping, Chalkbeat Detroit editor

LET’S GET IT TOGETHER: A new report says Detroit’s main district and charters must work together to ensure students get a good education. Vitti, who is openly competitive with charters, says he’s an advocate of choice but not without “guardrails.”

TOUGH JOBS TO FILL: The main Detroit district has hired more teachers, but still needs to fill almost 200 jobs. Most leave teaching because — surprise! — they are dissatisfied with the profession. Union leaders on a listening tour said teachers were concerned most about testing, pay and lack of funding for education.

RENOVATION CITY: University Prep Academy middle school cut the ribbon on nine new classrooms and six new science labs made possible by its $6 million renovation. 

PHOTO: University Prep Academy Middle School
University Prep Academy celebrated its $6 million renovation this week.

And the Detroit Pistons give an elementary school library in Detroit a basketball-themed makeover

NO LOANS HERE: Quicken donated $700,000 to a group that places young adults in schools to support students.

GREEN SCHOOLS: A group of Democratic state lawmakers introduced a package of bills designed to reduce schools’ environmental impact, lower energy costs and teach kids about sustainability.

AT WORK MORE OFTEN: Charter school teachers are less likely to be chronically absent than their peers in traditional district schools.

WHO NEEDS ‘EM: Editorial says get rid of the state board of education.

OPINION: An education advocate notes, during Hispanic Heritage month, that Latino students have lost ground in recent years.

DIGITAL MOVEMENT: Michigan schools are closing the digital divide, report says.

RACIAL SHIFT: A merger flips the demographics at two Ferndale elementary schools.

deep cuts

New York City teachers don’t get paid maternity leave. Their paychecks prove it.

PHOTO: Emily James/Courtesy photo
Brooklyn high school teacher Emily James with her children.

Susan Hibdon opened her front door and saw nothing but white.

It was a day that would go down in tabloid headline history after schools Chancellor Carmen Fariña declared it “absolutely a beautiful day,” despite a forecast calling for 10 inches of snow. For Hibdon, a Brooklyn high school teacher, it was memorable for a different reason. It was exactly six weeks after she had given birth, which meant it was time to go back to the classroom.

She kissed her infant goodbye and headed into the wet February weather.

“If you want to pay your rent, you have to go right back to work,” she said. “That’s not just bad for the mother who just gave birth. That’s bad for everybody.”

New York City teachers have no paid maternity or family leave, a policy that takes a toll on teachers’ paychecks and creates deep gender inequity in an education workforce that is about 77 percent women.

Hibdon and fellow teacher and mother Emily James recently launched an online petition calling on the United Federation of Teachers to negotiate for paid leave, which is not included in any of the city’s contracts with unionized workers. Almost 78,000 people have signed on, and the women will present their request at the union’s executive board meeting on Monday.

“I think the irony of it sticks out to many people: These are women who are paid to raise children and they aren’t paid to raise their own children,” Hibdon said.

As it stands now, teachers who want to take paid time off after having a baby must use their sick days. The policy only applies to birth mothers, putting a strain on those who become parents through adoption or surrogacy, and fathers who want to take a leading role in the earliest moments of parenthood.

“We talk so much about parents being active in their child’s education,” said Rosie Frascella, a teacher who has also pushed for paid leave policies. “Well, let’s let teachers be active in their child’s education.”

For teachers, the policy packs a financial blow on multiple levels.

If a mother wants paid time off after giving birth, the only option is to use sick days. Women are limited to six weeks of sick time after a vaginal birth, and eight weeks after a C-section.

Teachers earn one sick day per school month. In order to save up for an eight-week leave, a teacher would have to work about four years without using any sick days.

Many women haven’t accrued that many days, so they can “borrow” sick days they haven’t yet earned. Teachers run into problems, though, if they actually get sick — or their children do — since they can only borrow up to 20 sick days. Once they hit that number, any additional time off is unpaid. And if a teacher leaves the education department, she must repay any sick days she borrowed.

Hidbon learned that the hard way. She has three children — and precious few sick days in the bank. Hidbon remembers a time that she completely lost her voice, but still had to go to work.

“No one could hear me. I had to conduct my entire class writing notes on the board,” she said. “I’m supposed to be teaching and I can’t do my job because of the way the system is set up — and my students are getting the short end of the stick.”

The crunch for sick time could lead to a financial blow later in a woman’s career. Teachers are allowed to accrue up to 200 sick days, and receive a payout for unused time when they retire. The city could not provide numbers for how many sick days men versus women retire with. But it makes sense that men would rack up far more since women with children are more likely to get stuck with a negative balance.

James, a Brookyln high school teacher and co-starter of the online petition, still has a negative balance of 16 sick days — almost three years after giving birth. The problem is compounded by the fact that women are more likely to take time off when a child is sick or there are other family obligations, a pattern that is seen in professions across the board.

“There were many times when I was so sick at work the kids were like, ‘Why are you here? Miss, go home,’” she said. “But it costs a lot of money to stay home.”

Even when women don’t have to borrow sick days, they can still lose financially. The city only allows women to use up to eight weeks of their banked time. Any additional days off are entirely unpaid.

Amy Arundell, a former director of personnel for the UFT, said many mothers stay home longer because of the federal Family and Medical Leave Act, which provides job protections for 12 weeks of leave.

“The people who don’t take 12 [weeks] obviously have real financial commitments” that make taking unpaid time off impossible, she said.

Women who take that time get hit with a double-punch to their salaries. Because of the way summer pay is calculated, unpaid time off results in a smaller summer paycheck, too. Arundell said the hit is usually equivalent to one paycheck.

Same sex-couples and those who become parents through surrogacy or adoption face many of the same financial setbacks, since only birth mothers are allowed to use sick time after having a baby.

After years on a waiting list, Seth Rader and his wife had only weeks’ notice that their adoptive baby was on the way. Since his wife was in grad school, the couple decided Rader would stay home with their new son — even though Rader, a Manhattan high school teacher, is the primary breadwinner at home.

“In a lot of ways, I’m much more bonded with him as a father, and him to me,” Rader said. “Are we really in a place where we want to discourage fathers from taking that role?”

At the time, the couple were saving for a down payment to buy a place of their own. After the expense of Rader taking off from work, they still are.

“I think all of this has to be affecting the sustainability of teaching,” he said. “If we create a system where people can’t imagine being teachers and parents at the same time, then that’s a loss.”

When it comes to the push for family leave, teachers have been left behind even as strides are made elsewhere. New York State recently passed a mandatory paid leave policy that will cover private employees. Last winter, Mayor Bill de Blasio signed a paid leave act for city employees.

But that benefit isn’t extended to workers with unions, like the United Federation of Teachers. Currently, no union in New York City has paid maternity leave, according to a city spokeswoman.

Teachers across the city are fighting to change that. The petition started by Hibdon and James calls on UFT President Michael Mulgrew to “fight for our teaching mothers.”

“They’re supposed to really care about what teachers are struggling with and they’re our voice,” James said. “I just wish that they would take this seriously.”

Both the city and the United Federation of Teachers say they have held talks to extend similar benefits to teachers. In an emailed statement, Mulgrew called family leave “an important issue for the UFT and its members.”

“In our talks so far, the city has failed to come up with a meaningful proposal,” he said.

In an article published in the UFT journal, which ran shortly after the city passed its parental leave policy, the union pointed out that gaining that benefit came at the cost of a scheduled raise for managers and fewer leave days for veteran employees.

According to the article, Mulgrew said he “looked forward to negotiations with the de Blasio administration for an appropriate way to expand parental benefits for UFT members.”