After my July 23 blog post, a legal eagle fanboi reached out to a member of The Crack Team with a solution to the plight of those waiting years to have a hearing for their U ratings. As Mr. Brooke said the word "plastics" to Benjamin in The Graduate, this legal eagle fanboi came up with words—five words in fact—that can change history. 

Article 78, Motion to Compel

Wait, isn't Article 78 only for when you exhaust all remedies through a collective bargaining agreement? Well, no. The Crack Team did some research, and this is what was found. 

Let's look at what Article 78 is first. I have highlighted what is relevant for a motion to compel. 

1. Appeal a final administrative ruling (by a state agency or government officer) based on insufficient evidence (called Certiorari to Review);
2. Appeal a final administrative ruling (by a state agency or government officer) based on incorrect law or unreasonable nature (called Review of Mandamus);
3. Stop a state agency or government officer from acting (called a Writ of Prohibition); or
4. Force a state agency or government officer to act (called a Writ of Mandamus).

Let's start with #4, "Writ of Mandamus."

A writ of mandamus is a legal process in New York that can force a government agency or official to perform a duty required by law. For example, a writ of mandamus can be used to compel a local or state agency to perform a duty.

and...

To prevail with a writ of mandamus, counsel must establish that judicial intervention is necessary because no other adequate remedy is available. This means that the client must have first attempted to resolve the case at the agency level.

Now for all those waiting for an appeal hearing, an APPR hearing, or any other hearing in which there is no action, doesn't this not seem like a course of action the UFT should be involved in? Two teachers I wrote about on July 23 seem to have some cause, or at the very least, will have cause. 

But how many teachers are out there holding out hope against hope that their hearings will be held sometime this decade? 

Now let's have a look at #3, "Writ of Phohibition."

A writ of prohibition is a judicial order that can be used to force a government agency or official to stop doing something they shouldn't. In New York, it's also known as an Article 78 proceeding. Writs of prohibition can be used for a variety of purposes, including... Stopping an agency, court, or judge from acting outside the scope of their authority

So when a teacher is rated using the S/U instead of Advance or anything else that is not collectively bargained, would not a Writ of Prohibition seem to be in order? 

But I know what the UFT will say. Well, one of two things. One, "We aren't compelled to represent you any further," and two, "We can't do it." What if we lose?" Let's examine those two statements. 

In the past, individual teachers have been represented by the law offices of Robert Reilly. But this can be the Rosa Parks moment I have written about in the past. The UFT and NYSUT have so much cash at hand. What is there to lose?

Which brings us to...

What we always hear from the UFT is, "We might lose" or "We don't think we're going to win." I have always had a problem with those statements. Does anyone think Team USA was thinking, "What if we lose?" in 1980 against the Soviet Union? Were the Mets thinking that in 1969? The Jets in 1969? Villanova over Georgetown in 1985? None of these teams were thinking, "What if we lose?" or "We can't win." They were thinking, "We will win," "No one can stop us, and "when we win.

It's time the UFT takes a crowbar to the wallet where it is holding the millions of dollars in union dues from the rank and file two times a month and starts investing in the US, the teachers, the staff, and the communities of New York City. It is time to grab the proverbial bull by his goodies and to be proactive. 

What has being reactive gotten us? 

The Crack Team will be sitting by the phones awaiting any questions from the UFT or NYSUT.

My dad always said, "You can always ask, the worse answer you'll get is no." He was very wise. So I'm going to ask.

Having said that, I have three questions for the UFT. I am not going to editorialize or add extraneous information to the questions. I do not know if others are thinking the same as me, all I know is I am only speaking for myself. 

Question #1 (Multi-part): Now that ATRs will be placed does this mean that principals have no say? If so, is there not a chance that principals will be quick to drum up accusations, charges, false stories on ATRs? Is there any mechanism to prevent this? 

Question #2: There has yet to be an official announcement from the UFT regarding Governor Cuomo's signing a bill stating that there will be no ratings this year. Other unions in the rest of the state of notified their membership as well as a release by NYSUT. Are there any updates? 

Question #3: Are there any updates to share on being made whole financially for giving up our spring break in April 2020?

Thank you for your time.

Have you ever had the "what the fuck" moment with the UFT? Wait, dumb question. We all

Über Teacher Lawyer Bryan Glass

have. Again, what the fuck are they thinking or waiting for?

One would kind of assume that after last night's news dump that it will be OK for students to have asynchronous learning four days a week that a light bulb would have appeared over 52 Broadway. Not just a light bulb representing an idea but as a beacon for the students, the communities, and the teachers of New York City. Sadly it was not to be.

The city and the DOE keep on trying to create chicken salad out of chicken shit. They show time and time again that they have know idea what their doing. There is no plan. There is "let's see if this works," and cross their fingers it will. They do this not only due to their incompetency, but the enabling and silence coming from the UFT.

This afternoon as I was walking into Pet Smart, I get a news alert from LoHud. NYSUT, unhappy with looming budget cuts decided to sue the state. This was around 4 PM if memory serves. Not too long ago a New York State budget spokesman announced that the state will not withhold any money. The threat of a lawsuit apparently works. See?

This is an exclusive SBSB news update! News so exclusive that we here at SBSB felt the need to copyright our this blog post.

The Lunch Teacher's (here and here) date with the Rubber Room came and went. When she walked into
school on February 26, she fully expected to sent to Michelle Nacht's welcome and dispersal unit on Gold St to find out which Rubber Room in the Bronx (Fordham Plaza or Zerega Ave) she would reside at. The Crack Team had it's fingers crossed for Zerega.

She had studied Star Trek trivia and other useless trivia to better able to segue into the insane conversations one gets into at the Rubber Room. Also, a stack of Eric Carle books was with her for her reading pleasure.

But she was thrown a curveball. She was not sent to Michelle Nacht. She was not reassigned. She is still teaching her class. This is great news for the parents and students who depend so much on her.

She is still facing these bullshit charges and was just assigned a damn fine NYSUT attorney.

My guess, as well as The Crack Team's, is that these are charges to drive her out of the school and into the ATR pool. And of course, a small fine of at least $2k just to drive home the point.

Luckily, The Crack Team has a contact over at 100 Gold St and has found out some interesting information on this case. The NYCDOE is about to introduce a pilot program, a new shock punishment regimen, on naughty and wayward teachers. The word is that the Lunch Teacher will be the first one this will be tried out on.

There are two punishment options being discussed.

Punishment #1 entails, in conjunction with new NYCDOE consultant Satan, "The Prince of Darkness," having the Lunch Teacher travel back with Satan to Hades in she will do lunch duty in the staff cafeteria in which she will be subject to one of Satan's "ironic punishments": she will be forced to do lunch duty for what will seem forever (In actuality it will be only a week).

Punishment #2 The Lunch Teacher will be forced to watch hour upon hour of watching this lunchroom etiquette (click here) film from 1960. The goal here is for the Lunch Teacher to show that she understands the proper social ramifications of lunch.


As of press time we are waiting with bated breath on the UFT to share if any of the above punishments violate the contract.

All of us get lost in the darkness/Dreamers learn to steer by the stars/All of us do time in the
gutter/Dreamers turn to look at the cars/Turn around and turn around and turn around/Turn around and walk the razor's edge/Don't turn your back/And slam the door on me-- "The Pass" 1990, Peart, Neil

Back in September I wrote this blog post: Teacher Bathroom Behavior Charges, in regards to the 3020-a charges against a certain teacher  about leaving several droplets of pee on a toilet seat and not sufficiently cleaning up his doody after having an "issue."

Today an update. And before I continue, I just want to emphasize that after talking with this teacher, that we both agreed that I can write about what happened to him. That his story can help others in the same predicament.

On Thanksgiving morning, this teacher, this friend of mine, was feeling overwhelmed and despondent over his case. He wasn't in the Rubber Room, but in a different kind of hell. Re-assigned to another school being nothing more than a well paid office boy. Unable to share his gift and passion with the students of the City of New York.

So on this Thanksgiving, where we are supposed to be thankful for the friends, family, and everything in our lives, this teacher was just beside himself. The pressure was getting to him. There was nowhere to turn but inwards.

Some people find solace in a beer or whisky or even Jägermeister. Those beverages would just make him forget for a little while. He was looking for something permanent. To never remember again.

He took a red Solo cup and poured some liquid bleach into it. Not all the way, about a third. It was time he thought. He looked at the cup and looked inside.

He drank it all in one gulp.

At that very moment, through all his despair, he realized he had made a big mistake.

Thank God he was not home alone. He was rushed to the hospital and seen by their mental health team. He assured them that he won't try anything like this again and it was basically a cry for help.

The teacher has since been in contact with the UFT's Member Assistance Team and is doing what he needs to do.

There are many reasons this teacher reacted this way and got to this point. But in my opinion one of the culprits has got to be the attitude of the NYSUT attorneys.

"Don't talk about this to anyone," you are told. Why? "It's none of anyone's business." Which is just another way of saying you should feel shamed and embarrassed with what you are going through.

Want your 3020-a to be an open hearing? "No!!! Don't do it. Anyone can then walk in and see what is going on!" Another way to feel shame.

Unlike cops or firefighters or even transit workers who go through their own versions of a 3020-a and continue to have the support of their colleagues, a teacher going through this process is treated as plutonium from those around them.

For anyone going through the 3020-a process, DON'T FEEL ANY SHAME!!! Sing it loud, sing it proud. It is your case, your life, you decide, not your NYSUT attorney. Talk about it with your friends, your family, people you trust. Share your feelings, get them out.

Now of course there are limits to what you should say and whom you should talk to. But please, do not keep anything in. Have a support system. And, remember, there is absolutely zero shame in seeking help by a professional and/or going on medication. Your life is that important!

As for having an open hearing, do it! Peel back the sheath and expose what transpires in 3020-a hearings. The more people who witness a hearing I truly believe the safer you are.

First, Mozel Tov to Marilyn Martinez and an actual WIN (Yes, I know, if you keep your job it
is a type of win, but Marilyn's is a true win) in her 3020-a hearing. False charges were brought against Marilyn by her principal at  Central Park East 1, Monika Garg. Norm Scott, who time and time again is at the forefront and one of the few people that I know who put their money where his mouth (Norm does what he does for complete selfless reasons. He is a true Mensch! If there is one person other than a actual attorney I want in my corner it is Norm!) is in helping teachers has much more about the mishagas that has been going on at CPE 1 and with Marylin over at his Ednotes blog.

So Marylin I was told had herself a NYSUT attorney. This was shared with me and though that person forgot the attorney's name he was described to me. I'm 99% sure it was my first NYSUT attorney. I can't give his name, but for today we will call him Bruce Wayne.

I'll tell you this about Bruce Wayne. He was on top of me. He cared. He returned phone calls. He listened to my ideas. He got incredulous when I was to appear on Howard Stern's Howard 101Sirius channel. So incredulous he sent me a certified letter and called me several times begging me not to do the show (He was concerned that I would say something ungood or get into a fight with High Pitched Erik).

But Bruce Wayne passed the baton to, in my opinion, a great lawyer and this lawyer saved worked her butt off. Bruce would have worked his butt off too I am convinced. I know he did for other teachers. Bruce Wayne is damn good.

So what is the point I am trying to make? My point is that don't let anyone fool you when they say to watch out for all NYSUT attorneys. That they don't care, that they don't want to go to trial. That they want you to resign.

Yes, I am sure, I have heard of, and know of NYSUT lawyers that don't care, don't return phone calls or emails, aren't prepared, etc... And yes I have heard and and know of teachers who were screwed over by their NYSUT attorneys and I feel for these teachers. . But I believe in my heart of hearts that such NYSUT attorneys are the exception rather than the rule.

Any legal representative telling you will win your case, is doing you a great disservice and being unethical. Don't believe anyone who tells you that they will win or your case is easy. Any lawyer, or for that matter anyone, who does not share with you offers from the DOE lawyer is doing you a disservice and is being unethical.

Heck, my second lawyer told me that I was given offers to resign and all that, but never was I told that I must. I was given the pros and cons of each offer that was made. In fact I tried to see if I can resign but do it in 18 months so I can retire with 20 years in. I forget whether or not if that offer was accepted. But that was the state I was in. But as anyone knows who reads this blog or knows me I decided to go feet first into the 3020-a abyss and it was scary.

What saved me was that as good great as my lawyer is the one person that is my best advocate, and is anyone's best advocate, was myself. I was not a spectator in my 3020-a. I was involved. I was involved in organizing papers, researching, taking copious notes during my hearing, brainstorming (Even when my ideas were out of left field!), and letting others, such as Norm, help out as well. 

Yeah, I was suspended for 4 months and it sucked! But guess what? I could have been terminated and that would have sucked a whole lot more! For four months I delivered auto parts, at $9.75 an hour. I worked 60 hours a week. I did what I had to do. I learned a lot about myself during my two years in exile and during the suspension(I also learned what a rip-off the mark up at your local garage is on parts). If I had another arbitrator it is entirely possible I could have been terminated. There but for the grace of God.

The whole point of this post is to tell anyone going through the hell of a 3020-a hearing is to be your best advocate. Roll up your sleeves and jump in and be your NYSUT, or if you go outside NYSUT, attorney's partner. At your first meeting ask any question that pops into your mind. Demand to know your attorney's background, their law school, etc... Every question is relevant.

Do not accept lack of communication. Do not accept anything other than your attorney's best effort. Come across as strong. You will not be hated but rather respected. And if you feel you are getting nowhere with your NYSUT attorney, go up the chain of command.

And if you decide that you don't want a NYSUT attorney for your 3020-a, as is your right, contact Jordan Harlow (Read his reviews here) ASAP!! Here is his contact information.

Again, you will not go wrong with Jordan.

For those who might have read my recent posts concerning the upcoming NYSUT elections and have interpreted my writings as an endorsement of Unity and not Stronger Together, well you are wrong.

Though I and The Crack Team disagree with ST's tactics, we here at SBSB hope that ST comes out victorious at the RA at the posh and quite expensive New York Hilton April 7-8.

But something reaks within the upcoming NYSUT election and the smell is permeating from Unity. Read on. Be patient.

Several sources reached out to The Crack Team and suggested that we read pages 67-8, and 114 from "Teachers United: The Rise of New York State United Teachers." We did.


Though we didn't read it all, we did read the pages that were suggested. We read how in 1972 Long Island assemblyman Charles Jerebek was attacking our profession. How the UFT, while quite powerful in NYC, was weak within the confines of Albany.

There was a lot of bad blood amongst the teachers unions of New York State. The UFT was aligned with the AFT, upstate with the NEA. Albert Shanker knew that to have clout in Albany the disparate parties must join together.

Shanker reached out to then Yonkers Federation of Teachers president Walter Tice. Shanker shared with Tice how the Albnay politicians played one group off of another. In unity (pardon the pun) there was strength. Not only will this reconciliation help NYC and upstate teachers unions, but help the thousands of fence sitters organize as well.

But, and this is what brings us to 2017, there was something more. Something that was never memorialized, something that was never put in writing, but initiated by Shanker.

There is (or maybe now WAS) a gentleman's agreement that a UFT member will never, ever run nor be president of NYSUT (Again, this is from several well qualified inner sanctum sources). Today in 2017, with the nomination of Andy Pallotta, that agreement as the same worth as a $3 bill.

Look back to the forming of NYSUT. There has never been someone from the UFT as president. Why is this year different? Why now?


Chances are, the way the election and it's process is stacked, the UFT/Unity backed candidate will win. Yes, Karen Magee was the pre-ordained UFT/Unity candidate but she showed to much independent thought (especially when it came to testing) that she was "promoted" and asked to go away. And besides, Karen was not a UFT member.

Could the UFT/Unity machine had selected someone other than a UFT member to run as president of NYSUT? Surely yes, but that would run the risk again of someone exhibiting independent thought. So what to do?

Violate the gentleman's agreement that Shanker made and insert someone you can control. Someone who will tow the party line. Someone who will ask permission first then speak.

Shanker must be rolling over in his grave right now.

With the shitstorm on the education horizon. what with HB-610, a rehearing of Friedrich's, Betsy DeVos, Trump, Cuomo, why the hell is UFT/Unity so tone deaf?? If they are so desperate to keep power isn't the easiest method to that end to work for the betterment of it's members instead of power grab after power grab? Aren't we a better union and able to serve our core constituents (our students) more appropriately when there are more voices and more ideas and coming together in a natural, organic method?

UPDATED 2/22/17: The views expressed in this blog post are mine and mine alone. At no time did anyone from MORE or any other union member ask me nor attempt to coerce me into writing this blog post. 

One more thing. The kitten on the left represents ALL teacher union members across New York State.


The beginning of this month we shared on these pages that NYSUT VP Andy Palotta will be running for NYSUT president as the Unity candidate against  Michael Lillis, presidential candidate for the Stronger Together caucus.

Recently, both Arthur Goldstein on his NYC Educator Blog and James Eterno on ICEUFT Blog have both queried why ST does not have any UFT members on their slate.

Arthur writes;

"When I realized that Stronger Together was running four people against five, I saw an instant solution to my problem, which is that they have no UFT representation whatsoever. They could run Jia Lee, who bravely faced an uphill battle against Michael Mulgrew last year. They could run James Eterno, who got the majority of high school votes for High School Vice President, but who isn't VP because UFT Unity rigged elections....

And James;

"I'm not happy that ST didn't agree to support any of us UFT dissidents for NYSUT office, particularly since some of us joined ST when it formed back in 2014. Arthur Goldstein (Chapter Leader Francis Lewis High School in Queens) ran for Executive VP back then against Pallotta."

Now while I have the utmost of respect for both Arthur and James I have to agree with Arthur and truly believe that MORE UFT presidential candidate Jia Lee should have been on the slate for ST. Mind you that the ST slate only has four candidates whilst normally there are five.

Why is Jia not on the slate? 

Jia not only has a great reputation throughout NYC, but across the state and nationwide. Jia has testified before the United States Senate, has close ties with the anti-establishment locals, close relationships with New York State legislators, Badass Teachers, and just as importantly, received 20% of the vote in the 2016 UFT elections. No small feat when going against the entrenched machine of Unity. And let's not forget what Jia has brought to not only the Opt-Out Movement in NYC, but just about everywhere.

Yes, unseating and winning the NYSUT elections is a tall order for anyone not backed by Unity. The 2017 RA is on Unity's home turf at the Hilton in Manhattan and we all know how anyone associated with Unity will vote. But why not give those who are against Unity an outside chance?

There are some indisputable facts in the upcoming election that we must heed. NYC, Yonkers, Albany and Rochester will vote Unity. That's a given. On the other hand Buffalo, Long Island, and the North Country will and should be behind ST and even more so if Jia were a part of the slate. The Southern Tier will probably be split between Unity and ST, as well as the Hudson Valley. With Jia ST will without a doubt give Unity a run for it's money. Without Jia it'll be another Unity triumph for sure.

But let's say that ST does pull it off. Then what? Without NYC representation the doors will be slammed shut in Albany and Washington DC. There will be no clout. Nada. Bupkus.

MORE in the previous election lifted ST. Where is the reciprocity from ST? Arthur however brings up an interesting question in his blog post which bears a ponder;

"Could their (ST) negative relationship with a single MORE member have led them to stereotype us?" (Hmmmm, could this be someone who does not play and work well with others?)

Whatever the reason ST did not choose a UFT member, let alone Jia, not only it is ST's loss but more importantly, and much, much worse, but a major setback for the teachers and students of New York State.

 

Last week Arthur Goldstein shared on his blog how the Stronger Together caucus Michael Lillis to run for NYSUT president whilst at the same time trying to make a deal with Unity.
nominated

Arthur is not please with ST because ST is not only keeping the UFT out but, refusing to include MORE. Arthur writes;

"My best guess right now is that Stronger Together doesn't wish to be mixed up with weirdos like us in MORE, because we are pretty much one of the last bastions of vibrant resistance to top-down unionism. Being mixed up with us would hurt ST's chances of a deal with Mulgrew, who didn't send us Christmas cards this year."

But there are more (no pun intended) machinations happening within NYSUT this year.

The Crack Team has learned from an extremely reliable source NYSUT that Andy Palotta, NYSUT's executive vice-president will be throwing his hat in to be the next NYSUT president.

Now you may ask, what about Karen Magee? The Crack Team's source shared that Unity has never been happy with Karen because she has not been "the puppet" they had wanted.

At press time we here at SBSB do not know if Karen is running for president. Some have said she is, while some sources have shared with The Crack Team she is not.

If she is not running, it is entirely plausible that she is being forced out, told not to run by Unity. Unity holds the cards.

Our source also shared with The Crack Team that along with Unity, the Yonkers Federation of Teachers will vote en masse for Palotta but the key to stop this so-called coronation is votes from Buffalo, Rochester, and Syracuse. This can be difficult.

The NYSUT RA this year is being held in Manhattan. Whom does this favor? The UFT and Yonkers. Not too far to travel for either delegation. And basically free. No reason to shell out big bucks for travel and Manhattan hotels.

We here at SBSB are sure this is going to get much more interesting.

I've been thinking.

So many lawsuits by teacher, so many lawyers hired by teachers, so little changing. Why is that?

With all the lawsuits, all the settlements, the court rulings, the discussions amongst the attorneys one would figure that a needle will move in favor of teachers, no?

While it is well and good that teachers that have been wronged continue to pursue outside legal action, individually we can't move the needle. To move the needle we must fight as a collective.

Just an aside but relevant, there was an interesting article in the Washington Post this week how former and current minor league baseball players are bringing a class action suit against MLB to raise their pay. Did you know that most minor leaguers make about $1k a month? I don't know how I feel about that. I would give my left arm to play pro ball. But hold that thought for a moment. Because this will be relevant.

What do we as teachers do and/or need?

First, as every class action lawsuit has there must be a lead plaintiff. But the lead plaintiff must not be someone who is narcissistic, selfish, or has put themselves in a spot where that person his continuously defecated on by life. No, that person must be above reproach. Must be a pillar in the their community, both at home and in their school, and with an unblemished personal file. This person will be our Rosa Parks.

Think about it. Rosa Parks just didn't fall into being the face of the Montgomery Bus Boycott. She was chosen by the local NAACP because she was married, employed, and a pillar of her community. As teachers there must be someone to be our Rosa Parks. Our face. But what should be the cause of action?

There are so many. ATR's. Not how we are treated, but rather there should be a case for age discrimination (which I am sure somewhere in the bowels in the Tweed basement are files among files of thisThe NYCDOE version of the Pentagon Papers which I have written about in the past).

There is also the whack a mole evaluation system or many other wrongs committed. One that gets me is under new 3020-a guidelines the teacher must prove themselves innocent instead of being proven guilty. This in my opinion should be the test case. There is case law about the presumption of innocence.

But how can a low paid teacher afford such high priced attorneys that would be needed for such a case?

This is where our union, the United Federation of Teachers as well as NYSUT come in. It is time for both organizations to show some guts and to grab the bull by the proverbial testes and go out and find that teacher who can be a lead plaintiff, a face against all the crap we have taken for the last 10-15 years. Only the UFT and NYSUT have the financial wherewithal and resources to undertake such an endeavor.

Unions have done such actions all the time. They have gone to the courts for what they can't get in collective bargaining. Look at the story about the minor league baseball players? Who comes to mind? Curt Flood, Andy Messersmith, and Dave McNally. All three battled to eliminate the reserve clause. Curt Flood's case went all the way to the Supreme Court. But all three had the union behind them.

As much as I love baseball, teachers are damn more important than baseball players ever will be. Don't we deserve to be treated just as good as they are?

Poor Errol Louis. He just seems to keep on stepping in it and his bereft of any independent thought.

The shame he must bring on his hometown of New Rochelle.

When we last left Errol Louis on these pages we had noticed that he had become the "Kool-Aid Man." Now, after reading his column in today's Daily News we know that the supply of Kool Aid packets worldwide will decrease for some time.

This is becoming too easy to take his "arguments" apart but The Crack Team wish to have some fun tonight so we are having a go of it.

Errol starts off of course without any facts...as usual when he puts all the onus on the unions. This year, that number is expected to soar, thanks in part to an organized campaign by the state teachers union and its political allies to persuade parents to have their children opt out.

Political allies? Like whom? If he means the grass roots parents, REAL grassroots, not like his pals at Families for Excellent Schools, StudentsFirst, Educators4Excellence, and new kid on the block, High Achievement NY but advocates that started from a single person, a real life mommy, a smart person.

For instance New York State Allies for Public Education, Diane Ravitch, Stop Common Core in New York State, the plethora of personal blogs, and let's not forget the many, many Facebook pages in which so many are using their own time and their own monies to do a service for now monetary gain whatsoever. Why isn't "Journalist" Errol taking the time and speaking to these people? 

"Journalist" Errol prattles on; First and foremost, parents should guard against allowing their movement to get hijacked by the money and political clout of union officials, whose motivation and ultimate goals on this issue are very different from those of parents.

Actually NYSUT was late to the game, about a few years late. Yeah, parents should wonder what took them so long and why only now are they on the bandwagon but since they are we welcome them with open arms. But ultimately the goals are the same.

Heck, what about the millions of dollars that Governor Andy has pocketed for the benefit of 9 billionaires?

More bloviating from "Journalist" Errol;  a new law, passed by the Legislature and strongly backed by Gov. Cuomo, that makes test scores the basis of tougher evaluation standards intended to detect poorly performing teachers and steer them out of the classroom.

A new law yes. And also a bad law. Tougher evaluation standards? Has "Journalist" Errol seen what happened in Atlanta because of the reliance on the tests? Has "Journalist" Errol read the New York Times and their story of Eva? Michelle Rhee? The suicides? Can "Journalist" Errol explain the algorithm that is used to determine whether or not a teacher is effective? What about the outside evaluator? Who is paying this person? Who is training this person? Does this person know the intricacies of the teacher and the students he is to evaluate?

"Journalist" Errol digs himself deeper; “We have 20% right now. We’d be happy with zero, because it’s not a true indicator of what’s going on in the schools,” said Magee.
“Happy with zero” means the union would just as soon not have its members’ job security or prospects for promotion affected in any way by whether the students have actually learned reading, writing or math.

No. Not just on ridiculous tests created by a company that only is in it for a profit and pushed by politicians getting paid off. 

But "Journalist" Errol rails against bad cops. How would "Journalist" Errol make sure we get rid of bad cops? 

The blabbering goes on; the union’s strategy — backed by groups including the Working Families Party — is to cripple the evaluation system by encouraging so many kids to opt out that the tests won’t represent a reliable sample.

The kids are not making the decisions the parents are. And is "Journalist" Errol saying the parents are too stupid to think on their own, to make an informed decision? 

That’s not the same agenda as parents, who simply dislike the stress and lost classroom hours that inevitably come with prepping for a high-stakes standardized test.

"Journalist" Errol just contradicted himself. But the NYSUT and the educators of this state have the same agenda as the parents. The parents also know the tests are not the way to evaluate the teachers of THEIR children!

The blithering is ceaseless; Cuomo vowed to revamp teacher evaluation systems that he dismissed as “baloney” because nearly every teacher gets rated as effective...

So what will Governor Andy do next year if the same happens? 

Now, for a minutes it seems that "Journalist" Errol gets it; Magee’s response? “The truth is, there’s no epidemic of failing schools or bad teachers,” she said in a statement responding to Cuomo. “There is an epidemic of poverty and underfunding that Albany has failed to adequately address for decades.”

Let's look and compare in "Journalist" Errol's hometown of New Rochelle, NY. Former home of Bob Petrie, former head write of the "Alan Brady Show," and former home of Yankee legend Lou Gehrig. 

The North End of New Rochelle has some of the richest real estate in Westchester County.  Now let's compare it to the Washington Ave and 5th Ave areas of the city. Lots of poverty. Lots immigrants. Lots of ELL's.

The two middle schools, Albert Leonard and Isaac Young are not zoned. But at the north end Albert Leonard in which 376 students who are economically disadvantaged took the the ELA exam only 21% were proficient. So is it poverty, second language learners or teachers? Same teachers, same schools. 

IT'S POVERTY! And lack of English. And so much much more.

"Journalist" Errol ignorantly claims that people must...realize that high-stakes testing is, for better or worse, the norm in our complex modern society. Universities base admissions decisions on SAT and ACT scores; graduate schools do the same with LSATs, GREs, MCATs and more.

And virtually all Civil Service employees, be they firefighters, bus drivers or entry-level sanitation workers, must pass a high-stakes standardized test to get the job. The legal and medical professions famously require exams of punishing difficulty, as do architecture and aviation

Please, don't compare. These tests are not used to destroy someone's career. These tests are not out to trick you and they test questions make sense. 

Students have plenty of tests in school do know how to get ready for grown up tests. But they can worry about getting this practice in high school and college, not THIRD GRADE!!!

These tests are not about helping students are evaluating where a students in academically. The tests the way they are being used now is basically twofold. One, to jam teachers and the other is for Pearson to make s***loads of money. Nothing more, nothing less. 

The assessment of a student starts and ends at home. Want to know how and what your child is doing in school? Ask him or her. Ask their teacher. Discuss with your child what their school work is and what they are learning. Do the same with the teacher. Show up in school when you should. Speak to other parents. Go to PTA meetings, come to open school night, volunteer. Doing all these things will get you the lay of the land of your child's school and knowing what your child is doing in school. 

Wouldn't this be easier, get teachers back to educating our students full time, and be a heck of a lot less expensive? 

One wonders if "Journalist" Errol really has any journalistic chops or curiosity left in him and whether he fancies himself a journo-celeb nowadays or just a talking head.

One can wonder what "Journalist" Errol might be getting under the table to write such drivel.

One can also wonder if "Journalist" Errol puts his money where is mouth is and why he won't answer in regard to this tweet;

Tomorrow is March 17, St Patrick's Day. Who cares?

Anyway tomorrow is Tuesday so that must mean that it is time for my weekly slot on 1230 WFAS-AM with Bob Marrone.

We are going to continue to touch on Cuomo's insanity, Common Core, and how the UFT and NYSUT are both culpable for Cuomo's power trip.

Oh, and how we here at SBSB are attempting to raise $4.8 million for Cuomo!

To remind everyone, there are several ways you can listen. On your radio at 1230 AM, but the range is about a 20 mile circle of White Plains.

Also, WFAS streams live, or go to the WFAS website, on iHeart Radio, or download the app from Google Play or the Apple Store. I know some who downloaded the app and were able to listen while driving in from very far away.

For the social media aficionados, check out WFAS on Facebook, Twitter, and Bob Marrone is on Twitter as well.

And don't forget, the call in # is 914-693-5700. Don't be shy! 

The last several appearances I have had on 1230 WFAS-AM have had me moving away discussing my personal issues with the NYCDOE and moving into the realm of each New Yorker's personal issues with the mishagus emanating from Albany and in particular from the brain and the mouth of from Governor Andy.

But there can't be the mishagus without the enablers. And just who are the enablers? NYSUT and the UFT. As I was sharing with world famous mom blogger Christine Zirklebach today, Andy's demented ideas are dead in the water if the unions have not been in bed with the deform movement here in New York State from day 1.

So these are the two topics that I am going to hit on, along with how parents can opt their children out of the upcoming draconian tests next month when I am live with probably one of the best morning men on AM radio, Bob Marrone, this Tuesday, March 10, 2015 at 6:35 AM on 1230 WFAS-AM.

Again, there are several ways you can listen. On your radio at 1230 AM, but the range is about a 20 mile circle of White Plains.

Also, WFAS streams live, or go to the WFAS website, on iHeart Radio, or download the app from Google Play or the Apple Store. I know some who downloaded the app and were able to listen while driving in from very far away.

For the social media aficionados, check out WFAS on Facebook, Twitter, and Bob Marrone is on Twitter as well.

And don't forget, the call in # is 914-693-5700. Don't be shy!

On March 15, 44 BC the Roman Senate, led by Gaius Cassius Longinus and Marcus Junius Brutus
stabbed to death Julius Caesar. Caesar's dying words, according to William Shakespeare upon seeing that Brutus was amongst the conspirators was, "Et tu Brutue?"

During the Last Supper, which The Crack Team believes occurred on Passover in 33 AD, JC predicted that Brutus, would betray him.

On Friday, May 30, 2014, The Crack Team has found out through very reliable sources that the machinations behind getting Governor Andy the Working Families Party gubernotorial nomination have taken a bizarre turn.

As reported on these pages this past Wednesday, it seemed that Diane Ravitch was to be offered the nomination.

As of yesterday and into early today, Fordham law professor Zephyr Teachout was seemed to have the presumptive nomination.

But in the last hour or so The Crack Team has learned from several reliable sources that NYSUT and UFT Preisdenté Mile Mulgrew have pushed, twisted arms and have practically secured the WFP nomination for governor for Governor Andy.

Never mind that the entire Governor Andy agenda has been to bend over for the moneyed interests of the state. Never mind that upstate New York is still an economic wasteland. Never mind that the "Children's Lobbyist" cares only about 3% of the students of New York State and folded like a cheap Moe Ginsburg suit. Never mind that if the WFP does nominate Governor Andy they are contradicting all they believe in and will probably have to change their name.

Worse is the behind the scenes machination of Mulgrew, and at his behest and control NYSUT, and the manipulation and dirty dealing on behalf of Governor Andy!

Where is the consultation with the rank and file? Where is the transparency behind this decision to get Governor Andy the nomination? Where on the UFT website has this been shared?

We all know what Mulgrew's response will be.

"At least we will have a seat at the table."

Big whoop! A seat at the table mean nothing if every time one goes to sit down it is pulled out from under.

If this happens we as educators and New Yorkers must ensure that Governor Andy at the very least get less than 55% of the vote. We need to throw all our energy behind Howie Hawkins. But be careful not to throw your vote to Rob Astorino. It'll be more of the same.

If Zephyr Teachout does get the nomination I am inclined to vote for her. I think the WFP has more of a organization than the Green, from what I have read of her background I am quite impressed and besides, with a name like that you know she must be good.

The PS 154 community, the parents, and worse, the students are being bamboozled by a modern day snake oil saleswoman, the 2014 equivalent of the Music Man, DR Alison Coviello; Ed.D and Principal of PS 154 in the Bronx.

Where educators statewide, are decrying and fighting back against the Common Core, not only has DR Alison Coviello; Ed.D and Principal encouraged the full implementation of Common Core at PS 154 in the Bronx, but if the excuse that she is "only following orders" can be an excuse, she remains silent among thousands of New York State educators in its implementation.

We have seen a groundswell of support against the failed ideals of Commissioner John King and Governor Andy Cuomo from such a diverse group as a kindergarten teacher in Alfred, NY to the superintendent of schools in Harrison, NY, Louis N. Wool.

Where is DR Alison Coviello; Ed.D and Principal to lead against the unconstitutional takeover of education by the Federal government? Where is DR Alison Coviello; Ed.D and Principal to lead against the one size fits all curriculum of the Common Core? Where is DR Alison Coviello; Ed.D and Principal to rail against the corporatization of education in the United States of America? Where is DR Alison Coviello; Ed.D and Principal in the fight against the dumbing down of our students?

According to the Washington Post of Monday, January 27, 2014; 

 Over the weekend, the Board of Directors of the New York State United Teachers, a union with more than 600,000 members, passed a resolution  withdrawing support for the Common Core State Standards  “as implemented and interpreted” by the state Education Department and also declaring “no confidence” in the policies of State Education Commissioner John King. Why is support for the Core sinking rapidly?

DR Alison Coviello; Ed.D and Principal is nowhere to be found other than on the side of those that wish to destruct education.

DR Alison Coviello; Ed.D and Principal can and should look to Carol Burris as a shining example high up on the hill in the fight against the corporate takeover of education.

Who is Carol Burris one might ask?

Burris has written a series of posts about the many problems with test-driven reform in New York (here, and here and here and here and here, for example). She was named New York’s 2013 High School Principal of the Year by the School Administrators Association of New York and the National Association of Secondary School Principals, and in 2010,  tapped as the 2010 New York State Outstanding Educator by the School Administrators Association of New York State. She is the co-author of the New York Principals letter of concern regarding the evaluation of teachers by student test scores. It has been signed by thousands of New York principals teachers, parents, professors, administrators and citizens. You can read the letter by clicking here.  (in which DR Alison Coviello's; Ed.D and Principal name is strangely missing)

By Carol Burris

“Hit the delay button.”  That was the message New York’s senators sent to state Education Commissioner John King during last week’s hearing.  Education Committee Chairman John Flanagan made it clear that if King did not act, senators on his panel would.  Senator Maziarz observed that the only Common Core supporters remaining are “yourself (King) and the members of the Board of Regents.”  To make his position crystal clear, Senator Latimer emphatically smacked the table while calling for a delay, likening the rollout of the Common Core to “steaming across the Atlantic” when there are icebergs in the water.

The defiant King refused to acknowledge the icebergs, and remained insistent on full steam ahead. He let the senators know “you’re not the boss of me” by asserting that standards are controlled by the State Education Department and the Regents, not by the legislature.

Following the meeting, King told reporters that there was no need for a delay because “we have strong support for the Common Core from all the education stakeholder groups in the state.” Less than two days later, the largest stakeholder group of all, the New York State United Teachers (NYSUT), not only withdrew its support of the implementation of the Common Core, it publicly called for the dismissal of the commissioner. Whoops.

Why is support for the Common Core in New York so quickly sinking into the deep? Some contend that it is because teachers do not have enough materials to teach the Common Core. They argue that if teachers had more preparation and resources, all would be fine.  I disagree. Support is disappearing, not because schools don’t have the Common Core curriculum, but because for the first time they do.  After last year’s testing debacle, teachers are frantically attempting to implement the standards using the modules provided by the state. Kids and parents are reeling from the effects of teaching the Common Core standards, at the fast pace needed to get through them in time for the tests.

Nowhere is this more evident than in mathematics. Bianca Tanis, a special education teacher, showed a group of Westchester parents and educators how elementary math topics were now pushed down a full grade level because of the Common Core.  After watching her presentation, I checked for myself.  I compared the 2005 New York State Mathematics Learning Standards K-5, with the Common Core.  Ms. Tanis is right. Not only are many topics now taught in a lower grade, what students are required to do to achieve the standard is far is more difficult as well.

For example, the 2005 New York State Learning Standards asked fourth-grade students:

to find the area of a rectangle by counting the number of squares needed to cover it (NYS Learning standard  4.G.4)

Here is the third grade Common Core standard for the same topic:

Use tiling to show in a concrete case that the area of a rectangle with whole number side lengths a and b+c is the sum of a*c and b*c. Use area models to represent the distributive property  in mathematical reasoning. (NYS Common Core 3 MD 7.C)
Recognize area as additive. Find areas of rectilinear figures by decomposing them into non-overlapping rectangles and adding the areas of the non-overlapping parts, applying this technique to solve real world problems. ((NYS  Common Core 3MD 7. D)

My assistant principal’s third-grade son cried when he tried to do his homework based on this Common Core standard MD7.D.  You can view the problem he was asked to solve here. Dad had to do it for him.  This eight year old had just learned how to find the area of a rectangle. When there are 180 module lessons for 180 school days, there is no time for the practice of less complicated examples.

Here is another example. Previously, third graders were asked to measure to the nearest standard unit using a ruler or yardstick. Now second graders must “measure the length of an object twice using length units of different lengths for the two measurements; describe how the two measurements relate to the size of the unit chosen”.  You can see other examples, cut and pasted from the original documents here.

Aside from the question of whether or not the above reflects the appropriate leveling of topics and practice, consider the practical effects of pushing nearly all math topics down a grade level. For intermediate-grade students, it means that they will have “knowledge gaps.”  Those gaps will occur during the year that the former learning standards are replaced by the Common Core. For most students, that is occurring this year. The effects will be lasting. Any student who was forced to “jump into the deep end,” as described by Chancellor Merryl Tisch, will feel the effects of that gap throughout their remaining school years.

The fact that no one in the State Education Department either realized or cared about the effects of whole scale, K-8 implementation of the Common Core Mathematics curriculum demonstrates either a disregard for the sequential nature of mathematics instruction, or a callous disregard for the mathematical competence of an entire generation of New York State students.  It is no wonder that both the New York State Alliance for Public Education (NYSAPE) and now NYSUT are calling for John King to leave.

There will be time to analyze what went wrong, and many will share the responsibility for mistakes.  But now is the time for us to undo as much of the damage as we can. For the sake of our students, we must lower the lifeboats into the water.

New York senators are right. Hit “delay” on the Common Core and the misguided policies that go along with it.  Examine the reform policies one by one and when needed, have both the honesty and courage to then hit, “delete.”

Why the silence from DR Alison Coviello; Ed.D and Principal of PS 154 in the Bronx? The community of PS 154 should know where DR Alison Coviello; Ed.D and Principal where she stands.

Goo, goo, g'joob, DR Alison Coviello; Ed.D and Principal, the community of PS 154 in the Bronx turns its eyes towards you for leadership.