Reflection after Three Months into Retirement

I hate to be asked how I am enjoying retirement.   People who ask this question have created a fantasy world of what it means to be retired.   After listening to my friends, family, former colleagues as well as perfect strangers, I have synthesized all their dreams, hopes and aspirations by creating a make believe world they call Retirement Heaven.   In Retirement Heaven, you can wake up late every morning—no earlier than 11:00 AM.  You never ever set your alarm clock again.   Upon waking up, your spouse will deliver to you breakfast in bed that is no less than 2000 calories.  After breakfast, it is time for a relaxing shower.  After a shower, you put on shorts, a t-shirt and sneakers for either your daily run or your two hour workout at the gym.  By the way, in Retirement Heaven, it is always summer. At about 2:00 PM, you make your way home for lunch and a few hours of television.   You’ve recorded on your DVD only mindless television programs to watch for the next few hours.  Now it is time for dinner.  In retirement, you are not allowed to make dinner, but instead, every evening you go to a different restaurant to eat meals that have no fewer than three courses.  You return home, take out your trashy novel and read until you drift calmly to sleep at about one in the morning.

For someone like me, such a retirement heaven would be like that old Twilight Zone episode where a gangster dies and is given every one of his heart’s desires.   He is given wealth, beautiful women and the ability to successfully commit every crime known to man without consequence.   In the end, he is completely bored out of his wits and asks to go to the other place only to be told he is in the other place!

To me, retirement means having the freedom to choose the type of work that I want to do.  It is also the ability to focus on those endeavors that are really important. On the day that I retired from teaching, unfortunately all the problems that existed before my last day of work really did not disappear.  Several people said to me you shouldn’t care what happens to the world of education.  One person told me that if all the public schools blew up tomorrow, you will still be retired on your nice pension.  Would I?

First of all, if public education ended tomorrow and was completely privatized, it would make it all the more easier for those in power to end pubic pensions.   Public education and my pension, which I earned through hours of hard work as a teacher, both represent a social contract. It is a social contract between the government and the people it represents.  If you end one, you can easily end the other.   The philosophical basis of public education derives from those Enlightenment thinkers who believed  that power derive from the governed.  The governed allows power to be given to a government so that it can establish policies that will benefit the collective.  The 18th century Philosophes believed that public education’s purpose was to create a sophisticated citizenry who would be able to immediately spot tyranny and remove it from power—either through constitutional democratic means or by force if necessary.   The concept of public pensions also has its basis in the 18th century idea of a social contract.   Public servants will serve society for a number of years at a lower rate of compensation so that the state can benefit from their skills.  In return, the public servant will receive a pension paid at the end of their public service so they can live the rest of their life in dignity.   But the purpose of a pension also is based on sound economic and social principles.   Instead of the retired worker being a drain on society, the retired worker will have enough income to continue to purchase goods and services (providing employment to others) and still be able to contribute to society (and the economy) in other ways, such as through volunteering or part-time employment.

Therefore, in retirement, I now have taken on a new job—saving public education.  One way is by working part time in the school where a spent the last third of my career.   For the majority of my 36 year career, I had a job that came into existence because New York City grossly violated the rights of disabled students back in the late 1970s.  Federal law mandates that disabled students need to be evaluated every three years and if there has to be a change in services, any reevaluation must be done in a timely manner.   Thus, in the late 70s, the city was sued because it had a backlog of close to 30,000 reevaluations. It resulted in the court ordering the creation of a team of professionals in each school whose job it was to make sure assessments and subsequent IEP conferences were held in a timely manner.  My job was as case manager and Educational Evaluator.   I became highly skill in conducting norm-referenced, criterion referenced and curriculum-based assessments.  The purpose of these assessments was not to punish teachers but to diagnose the educational needs of disabled students so as to help teachers meet their IEP goals. (Yes, this is the real purpose of testing.) A quarter of a century later the city was in relative compliance.   Because most city schools have relatively large populations, the team needed a psychologist to conduct intelligence and projective tests, an educator who was a skilled diagnostician and a social worker.  This ended in 2003 when Mr. Bloomberg embarked on reforming special education in New York City, which really meant he was trying to find a way to save money.   He made my job disappear overnight and gave the case management piece and educational piece to the school psychologists that now are so overworked, they are forced to cut corners in order to remain in compliance.   As for me, because Bloomberg violated so many of the contractual rights of Educational Evaluators (who were teachers), he was ordered by an arbitrator to create the job of IEP teacher.  I held this job for the final eleven years of my career. When the job was created by  the arbitrator, it was undefined. It was up to a building principal to define what IEP teachers would do. Bloomberg hoped that most principals would make the lives of these new IEP teachers so miserable that many would leave the system.   The opposite happened.   Most of us ended up doing many different albeit necessary educational tasks within our schools.  As for me, I became in charge of compliance, testing, data, and academic intervention services.

When I retired, the new principal would ask who did this and who did that.  My name was mentioned each time and before I knew it, I was back in the school a couple of days a week.  However, I am doing what I loved doing the most—working with kids.   Unfortunately, the city schools have a simple philosophy—the minimum is the maximum.  Because the union contract stated that IEP Teachers would only be funded for those who were former Educational Evaluators like me, once I retired, the money dried up and the position disappeared.   It disappeared even though the school would now have no one to provide state mandated academic intervention services for those students who received level 1 on those wonderful Common Core State Assessments in ELA and Math.  As for all my other jobs, I am helping to train three other professionals to do different pieces of my job.   When I started as an IEP Teacher in 2003, testing was just a little piece of my job, but as we all know, it turned into a monster with three head and twenty arms.  It took up so much of my time that I often could not work with students.   Now I am trying to give students the skills to do better on these assessments (notice that I did not say pass).   For example, it is not enough to say to a level one student that they need to use context clues.   What I do is to try to give them four or five strategies to help them try to figure out the meanings of so many unknown words on passages that are always above their grade level.  Yes, I hate the test, but I have to do something.  Many of these students are former English Language Learners who supposedly reached proficiency in English on a state assessment measuring second language ability.  By the way, I am in one of the few middle class school districts within the city.   However, we have many immigrant families.  The parents of these children work two, sometimes three jobs so they can live in a nice area.   However, because our scores  are a little better than the state average and we have fewer students on public assistance, we get less money than other schools around the city.   And knowing this, the city cut funds to hire just one academic intervention services teacher.

In addition to working part time in my school, I am also tutoring and I am collaborating with someone in writing a review text to help students try to pass these horrible state assessments.  Some might say that I am hypocritical trying to help students pass these assessments when they should be done away with.   For years, I have tutored students to pass the SAT even though I hate everything these assessments stand for.   However, by not helping these students, their low grades stand as a barrier preventing them from getting their foot in the door to enter the world of higher education.   As long as these institutional barriers exist—common core, SAT, etc., I will help student acquire the skills to work the system while at the same time advocate for change.

What I found most interesting these last several months was watching the types of teaching jobs posted by various online employment services.    Last June, I rewrote my resume and posted it on an employment site.   Now my email is inundated with lists containing scores of teaching jobs.   The first thing I noticed that most jobs posted today are for charter schools.   In the New York area, the one charter that comes up all the time is our favorite—The Success Academy.   Interestingly, one of Eva’s charter schools has been looking for a SETSS teacher since June.  I have a simple theory.  No one wants this position.   Who would want to work for a school where you are on-call 24 hours a day, paid low wages, and then spit out after two years.  Sometimes I think about applying as a lark.   I am sure once they realized my age and the fact that I had a 36 year public school career, my resume would end up in the circular file.  Interestingly, a well-known tutoring company saw my resume and wanted to interview me.  I asked what their pay was.  I   laughed when they said $15.00 an hour.  I told them that when I first started SAT tutoring in 1987, I worked for a college preparation tutoring service and was paid $20 an hour.   I added,  “When you have a high turnover rate, you end up getting what you pay for.”

I would never work for a charter or such a tutoring agency because they violate our society’s social contract.    I believe in and will fight for public education because every cent of public money must go to the child.  And yes, paying public school teachers decent wages benefit children.   A well paid professional feels invested in the system and will work hard for those under their tutelage. A well paid professional wants to dedicate their lives to public service.   The social contract is broken when education is privatized.   The privateers view teachers and students as human capital whose purpose is to create profit.  I call these privatizers education pimps.   Students cannot benefit when your purpose is greed and not the creation of a well-rounded individual who is able to think and make sound life decisions.   The purpose of these corrupt and greedy charter operators is to throw a few crumbs to their school’s students and teachers while they hoard our public dollars.  I want my tax money to be invested honestly and completely into each public school.  Charter operators will be quick to say that they are capitalists taking risks.  Yes, when one invests private capital, risks are taken, but what is being invested is our public money.   It is public money that is being given to them by elected officials who are in their corrupt little pockets.   These officials are also pimping our dollars for private gain and must be ousted.  Our elected officials have forgotten that they serve us and derive their power from us.

Getting back to that retirement fantasy world I mentioned at the beginning, I ended up doing one thing that I rarely did during my work years.  I have watched a lot more television.   One thing I ended up watching was Ken Burns’ documentary on the Roosevelts.   It reminded me that our society is again in a Gilded Age where a few wealthy men have taken control of our government and its institutions.   Ken Burns thinks that it was the power of these singular individuals that changed America in the first half of the twentieth century.   What he does not understand is that these great individuals could not have done anything if people did not organize and petition first on the local level and then nationally for change.  We have to regain control of all levels of government to make it again, as FDR believed, a force to create a just and fair society in which everyone has some share in the economic wealth of this great nation.   I know we have a hard fight ahead of us, but we are making headway.  There is an old adage:  The Ocean started as single drops of water.

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Pearson’s Totalitarian Test Security

It has been several months since I have posted to my blog.  It is not because I haven’t wanted to, but because the educational reforms wrought by a binding arbitration between the New York City Department of Education and the United Federation of Teachers have made my job this year one of endless preparation, paperwork, and drudgery.  In my last year of teaching, I have worked harder than those Hebrew slaves that built the cities of ancient Egypt.  To finish my career as an effective teacher, I have to do well on 22 Danielson rubric points, which include 8 artifacts that will justify the generation of enough paper to cause the death of, at least, one hundred trees. 

But this is not the purpose of my little article.  Its purpose is to describe a demeaning test security system wrought by Pearson to safeguard and protect their profits.  Last week, I started testing children for New York City’s gifted and talented program.  I have been doing this activity for many years.  Originally individual districts tested students for their local gifted programs, but eventually the testing became a citywide endeavor.   Originally, children four to seven were tested using the OLSAT along with another test that measured academic readiness.  However, due to criticism that very few minority and ELL students got into the program, last year, the test was changed to just using components of the original OLSAT along with a nonverbal section.  This year, the test was changed once again—in my view—to make it even easier. 

However, our friends, or should I say enemies at Pearson, do not like adverse publicity and embarrassment whenever test flaws are revealed.  Pearson just hated when newspapers revealed that common core test questions had to be thrown out, a passage about a talking pineapple was incomprehensible, that a fourth grade passage was also used on a third grade assesment, and that the illustrations for many passages contained marketing logos that were paid for by the highest corporate bidder.  Therefore, they decided on a solution to solve these problems.  Instead of creating a valid and reliable assessment that would be subject to reviews and study by psychometricians at the university level, they would increase test security. 

Originally, in the good old days, test security was in place to prevent students from getting a hold of a test in order to cheat.  It is for this reason that tests were shrink-wrapped and placed in the Principal’s safe until the day of the test.  However, today, when a Pearson test, such as the Common Core ELA and Math assessments come in at least 75 boxes, that safe at the bottom of the Principal’s small storage closet does not work too well any longer.  Now we had the problem of having many, many tests in several supposedly secure rooms, but once the assessment started, copies ended up all over a building.  Anything could happen.  A page could be scanned into a readability program causing the discovery that a third grade passage was on an eighth grade Lexile reading level or that a passage described the nutritional benefits of a Whopper.

Therefore, Pearson concluded that the only way to prevent such errant discoveries was to collect any electronic device that could copy the test and prevent anyone from even talking about the assessment.  As a result, when I was trained at my testing site this year, I was told that if I was alone with the assessment or even the assessment’s directions for administration booklet within a classroom and had an electronic device capable of reproducing the assessment, the supervisor had the right to immediately fire me.  See, I planned to bring my Ipad to do some lesson planning and a little wifi reading between students, so I now thought all was lost.  However, there was a solution at hand.  All proctors would sit in the hall, on small classroom desks, with their electronic device. while the classroom door was locked with the tests inside.  There would be a school aid sitting on a chair at the top of the hall, watching that we would not enter the classroom to perform any misdeed with our electronic toys.  Another school aid would come with kids, unlock our door, and we would proceed to assess the student with our smart phones, Kindles and Ipads sitting quietly in the hall. 

What I described is nothing compared to the DOE’s Assessment Manual for 2013-2014.  The DOE mandated that every teacher be trained in this manual before December 20, 2013.  Not only would teachers be forbidden to even talk to each other about the tests, but also the name of every proctor would have to be sent to Pearson.  The manual lists at least 50 forbidden actions that a teacher cannot do when testing, and if discovered, the teacher would be prosecuted to the fullest extent of the law.  I guess even the slightest malfeasance would mean death by hanging, not just for the possible culprit, but for every teacher within earshot. 

And to do away with any other controversy, Pearson says on the state’s website that whatever you thought was controversial in the past is no longer controversial.  They are now doing everything on purpose.  Pearson has stated that they will use the same passage on tests at different grade levels (but with different questions).  In addition, they will use passages found within their textbooks, but again with different questions. And finally, they will use controversial pieces of text that will make certain students upset and agitated. But, according to them, students have to develop a stiff upper lip and take it like a man (or woman).

All this, of course, is for the sake of profit.  Let us prosecute and even jail any teacher who dares to analyze a test using psychometric research techniques.  What are a few careers, when billions of dollars in the hands of a few is at stake? At least J.D. Rockefeller used to give children dimes.  Pearson, on the other hand, gives our precious youth, anxiety disorder—and is definitely proud doing so. 

Interesting, during another time, the old New York City Board of Education had an office that used to review and critique different assessments from different publishers.  I know this for a fact because I used to be one of the reviewers.  We used to research tests using Buros’ Mental Measurements Handbook and the ERIC database to tell prospective buyers an assessment’s strengths, weaknesses, reliability and validity.  In this way, we helped schools and clinicians make wise and informed decisions about different diagnostic instruments.  All wiped away by the likes of Bloomberg and Klein so that their friends in the testing business could get sweetheart contracts and monopoly control.  The result is now the creation of a looking glass world in which the perpetrators make billions while those who question anything run the risk of criminal prosecution.  Let us hope for better days ahead. 

Small Lies, Big Lies, and Statistics

            Over the past few days, I was torn whether or not to publish a letter I wrote to Michael Mulgrew.  I was hesitant for several reasons.  First, I hold a position with the United Federation of Teachers and I was in no mood for flak from those just above me because I would be publicly disagreeing with the leader of my union.  Second, I thought that if I sent the head of my union a personal letter disagreeing with him, I should at least have the courtesy to wait until he replied.  Right now, it is over three days since I sent the letter and as of yet, no reply.  What prompted the letter was an email to union members critiquing Bloomberg’s reaction to the recent results of the ELA and Math Common Core State Assessments.  In a nutshell, he made two statements that I had to disagree with.  One, that educators developed the Common Core and that the Common Core is the way to make our students college and career ready as well as develop deep higher level thinking skills.

            In the last seventy-two hours, three things convinced me that I have to publish the letter. First, I asked the opinion of several bloggers who I greatly respect.  One wrote me saying that I should not care what he thinks while the other blogger said that my letter was powerful and needed to be heard.  Next, I read a great blog from NYC  Educator critiquing Mulgrew’s email to the members that put into words many of my own feelings.  And finally, a memory from college hit me in the face.  When I was 19 year-old Queens College sophomore in the year 1973, I took my first statistics course.  When you took statistics at that time, a computer, which was the size of a room, could not help you and my $60 Casio calculator could do no more than basic operations.  Calculating complex statistical formulas had to be done by hand.  After my first test, I got a grade of 49.  I was devastated.  I went to the professor and told him of my worry about my GPA if I failed his course.  What was his reaction—laughter.  This was not what I expected.  He said, “Look, with the type of statistical calculations I gave you and the short amount of time you had to do it in, your mark was great.”  Then he pulled out a piece of paper and showed me a bell curve he developed using the grades for the test.  The curve showed how the grades would be distributed to represent A, B, C, D or F.  His bell curve revealed that my grade represented an A.  He said that thinking 49 is a failing grade is nothing more than one mathematical construct.  Then he reminded me of the scoring system for the SAT which was a different construct.  During his course, I learned that his favorite statement was that there are small lies, big lies and statistics.  One can make a statistic mean anything.

            This, my friends, is what Commissioner King and his cohorts in the state decided to do.  They, and their supporters, have created a construct—a construct with a political purpose.  Before they can destroy public education, they have to prove that it is a failure.  All we have to do is not teach students a new curriculum and invent a grading system knowing most of the questions will be so challenging that only 30% could possibly answer the requisite number of questions that they deem to represent a passing grade.  King, Bloomberg, Walcott, and their corporate reformer friends have no care about the emotional damage that anyone feels when one fails.  The way I felt entering that professors office decades ago is magnified a hundred fold in the hearts of many children today. 

            This is what I wrote to Michael Mulgrew in response to his email.

I am writing you as a loyal union member and a special education teacher in a middle class ethnically diverse neighborhood who knows a lot about testing because I spent nearly two decades assessing disabled children as part of a school assessment team until this Mayor deemed my psychometric skills to be worthless.   Nevertheless, under my belt are a lot of graduate level coursework as well as thousands of hours of field experience in administering and analyzing valid and reliable norm-referenced educational assessments.

Therefore, based upon a lot of research and reading, I have to respectfully disagree with your statement that educators developed the Common Core Standards and that these standards represent a valid instrument to determine if a student is college or career ready.  Educators did not develop the Common Core Standards.  Many of those who developed these standards are deeply involved in the corporate educational reform movement.  Many articles I have read about its development stated that the developers worked backwards and often disregarded some basic tenets of child development.  Furthermore, we are taking on faith standards that have not even been longitudinally tested.  We are taking on faith that these standards will make students college or career ready.  We all know that so many reforms in the past half a century failed because, like the Common Core, research was lacking.  Where are those “open classrooms” or the “New Math” of my childhood?  Both were just fads, just as I believe the Common Core is a fad, which led to no significant educational achievement. 

I, and many others, could only accept the efficacy of the Common Core Standards if there were real research over a number of years showing that students who learned by a curriculum derived from these standards had higher achievement than those students taught by a more traditional curriculum.  I have a sense that many of your rank and file teachers are unwilling to put their careers on the line based on standards that I feel were developed with a political agenda.  The agenda is to convince the American people that our present public school system is a failure and that only a privatized charter-based system is the way to go.  A system, that will in the end, destroy our progressive union movement.

Any assessment in which only 25% to 35% of students can pass is invalid.  A valid test is standardized in such a way that it creates a bell curve.  These assessments do not come even close to creating a bell curve.  Instead, these assessments look more like cliffs.  Many students are set to fall off such a cliff–especially students with disabilities.  Special educators are taught that to help students with learning challenges, one must start where they are.  One does not start at the bottom of an unclimbable precipice.  I work with many students who have, through no fault of their own, significant language impairments that make this curriculum impossible to master. What will become of many of these students when they reach 8th grade and modified promotional standards terminate?  How many times are we willing to leave back such students and destroy their self-esteem before we realize that what is really needed are many vocational programs that will serve the needs of a very diverse disabled population?  There is a big difference between a high IQ child with minor sensory problems and one who may have a severe language impairment that results in a borderline IQ.  Sadly, this curriculum will result in many special education teachers, like me, who are willing to work with the latter child, being punished by someday being rated ineffective because of an invalid assessment based upon invalid standards that work against the educational needs of such children.

Children need to reach their potential.  Unfortunately, I see these Common Core Standards setting up roadblocks based upon a student’s economic class, language proficiency and disability.  Those born economically advantaged will go to either private schools or charters exempt from these standards or whose parents have the resources to get them the extra tutoring needed to pass these tests.  Those children born to parents who do not have the resources will end up in schools that will not have the funds necessary to create the academic intervention services needed to compensate for their parent/guardian’s inability to afford the extra tutoring needed to pass from grade to grade. 

Our focus is completely wrong.  These standards are broken and unrepairable.  I fear, in the end, it will lead to the dismantling of our system of public education and social stratification in this great nation.  In the 18th century, our founding fathers created a flawed constitution called the Articles of Confederation that they realized was unworkable.  But they were smart.  They scraped the document and started anew.  Many of the best and brightest, at that time, got together, and through compromise and negotiation, came up with something workable.  They came up with a constitution that was flexible enough to change with the times.  These Common Core standards are unchangeable stone monoliths that block our way to creating a society and nation that has always believed in education as the great leveler as well as creator of economic opportunity and social mobility.  Let us think before we jump!

             Mulgrew’s lack of response is just a continuation of what has been happening to education during the last several years.  There has been a lack of dialog between those in power with us teachers.   They refuse to engage us, to debate with us.  I offer a challenge.  I challenge those in power—not only Mulgrew, but also Duncan, Gates, King, Rhee, and Broad to engage us in a public debate on the national media stage without moderation or commentary.   Let them engage people like Ravitch, Cody, Haimson and others who spent years doing peer reviewed educational research.  Let the American people decide who has the answers. 

            Public education is not a failure overall.  Yes, we have not been as successful educating limited English proficient, high need and disabled students.  However, look at the small number of students who graduated high school at the turn of the twentieth century and the millions who graduate college today.  These are not false statistics but head counts. Look around at your own families.  I had a grandfather who came to this country with nothing.  He had no formal schooling.  He was a baker making $14 a week.  Only one of his five children went to college.  The others had to drop out and work during the depression.  However, 70% of their children went to college in the 1960s and 70s.  Of those who were born after the mid-1950s, almost all went to college and became professionals.  And of our children, all went to college.  This is one family, multiplied by millions. This is not failure, but success beyond the wildest dreams of those 19th century pioneers who began America’s public education movement.  It is a dream worth preserving.

Ms. Campbell Brown, did you ever hear of Teacher Abuse?

I had all intention of writing about something else until I read the great blog by NYC Educator today. Here is Gotham Schools and Ms. Campbell Brown who feel that everyone should have the right to due process except us teachers. Listen, we live in a democracy and no system is perfect. What was it that Mr. Churchill once said, “Democracy is the worst form of government, except for all the others.” Many believe there was a miscarriage of justice done in Florida, but no one is talking about ending all jury trials in cases that will be similar to that of Zimmerman vs. Trayvon Martin. It does not mean that because a jury may have made a wrong decision, we should do away with jury trials for all such cases. For someone to accept a judge’s decision in a bench trial, one must have complete faith in the honesty and integrity of such a judge. Unfortunately, our Department of Education reflected in the personage of Chancellor Dennis Walcott does not even come close to Solomon’s standard. Here is Bloomberg’s lackey—a man who has a symbiotic connection to our little corrupt dictator.

The Department of Education is made up of approximately 80,000 teachers and less than 200 cases have gone to a 3020a hearings about sexual misconduct. Of those who were found innocent, I am sure a few guilty ones may unfortunately have gotten away. That happens in our system and it is shameful. But it is no reason to completely end our right of due process because not only do teacher’s abuse children, but children abuse teacher and make false accusations. Just remember the famous play by Lillian Hellman—“The Children’s Hour” about the professional and emotional toll a teacher can go through when a child makes a false accusation. I have personal knowledge of two cases where teachers were falsely accused and were clearly innocent.

The first case involved a teacher in a Queens’s high school eight years ago. My son was a freshman in that high school and ended up in an English class taught by one of the best instructors he ever had. He was a first year teacher and to my amazement helped my son understand Shakespeare. No, he was not a TFA five week wonder but someone who came out a traditional teacher education program. I met him in November at the school’s first parent-teacher conference of the year. I was impressed by the hard work and dedication of this young teacher. A lot of planning went into his lessons that not only taught my son how to comprehend Shakespeare, but also, at the same time, taught him to understand many different types of literary elements. Unfortunately, about a week after the conference, my son told me that his favorite teacher was removed because he was accused by two students in his class (who were, by the way, failing) of exposing himself in a Mercedes that was parked near a bus stop by the school.

Anyone hearing this story would have the same reaction—the teacher must be fired. However, there was more to the story. When he was removed and assigned to a rubber room in another borough pending final disposition of the case (by the way, this untenured teacher could easily be fired even without cause), the pervert struck again at the same bus stop. This time, the pervert was caught and arrested. Now, one would think that this teacher would easily be cleared and returned to the school. By the way, this young teacher could not even afford a jalopy on his meager first year salary, yet alone a Mercedes Benz! Instead, he ended up in purgatory for the rest of the year. First, the DOE wanted him to resign because, even though he was clearly innocent, he was now “tainted.” In the DOE’s view, he would always now be viewed with suspicion even though the real perpetrator was caught. They could not fire someone who was innocent, so they put pressure on him to accept another assignment far away from his present school’s venue. It ended up that this teacher had to hire a personal lawyer to fight for his right to return to his school. Let me just say that after about a year, he was returned to the high school with a little settlement that reached into the six figures for pain and suffering.

The next case involved a school psychologist who was evaluating students in a New York State approved nonpublic school for emotionally disturbed students. In NYC, many school psychologists are assigned cases in nonpublic schools that receive funding by the state. He gave a psychological assessment which would be used to determine the educational needs of this student. This teenager, after the assessment, accused the psychologist of talking dirty to her. He ended up in the rubber room and could not even understand why this young woman would even make this accusation. But he was guilty until proven innocent. It did not matter that this teenager had a police record a mile long, was sexually acting out, and, by the way, had an out-of-wedlock baby at 15 years old with an unknown father. Nope, the word of this highly volatile emotionally disturbed student held more weight than this psychologist who had a perfect record for over 25 years. It went to a 3020a hearing. The DOE wanted the psychologist fired, but obviously, a fair arbitrator cleared him because it was obvious that the student was not credible. Yet again, the DOE viewed him as tainted and he was never assigned to a permanent position within the school system. He eventually retired bitter and angry. Wouldn’t anyone?

If Campbell Brown had her way, she would give Walcott the power to fire immediately these two educators. They would have never had the chance to clear their names. DOE has a simple philosophy—accusation equals guilt. And even if one is found innocent, one remains tainted with a Scarlett letter forever. Yes, arbitrators do make mistakes, but that is no reason to throw the baby out with the bathwater. Recently, I know of a case where a principal created a trumped up case against a teacher. The teacher was even arrested, but cleared by the police because the witnesses to this supposed incident all had different stories. Even though, there was a 3020a hearing and the teacher was fired because the arbitrator said he showed no remorse (against a crime he did not even commit). What is the alternative? Well, according to Mr. Brown even a single arbitration mistake warrants the doing away with the present system. We have to trust the wisdom of our leaders to do the right thing to protect us. I think Mr. Brown and Gotham schools need to reread the constitution and the Federalist Papers to see how much our founding fathers believed in trusting the wisdom of any single individual—they didn’t! Yes, we have to live with the Trayvon Marin verdict and that one teacher who may have gotten away in our imperfect system of justice. But, to paraphrase Mr. Churchill, the alternative is far worse. Ms. Brown, we are not trying to protect possible child molesters, we just want to be treated like anyone else in society—no more and no less!