Tuesday, August 11, 2015

Looks Like Many Districts Will Be Seeking APPR Teacher Evaluation Waivers

From Rich Karlin in the Times-Union:

As the start of classes nears, school districts across the state are weighing whether to seek a waiver that could postpone for up to a year the implementation of stringent new teacher evaluation plans.

And while several Capital Region districts say they are in the process of shaping their individual plans, there's a good chance that a majority of school systems statewide will seek the delay.

"We do think that most of them will apply for a waiver," said Dave Albert, spokesman for the state School Boards Association.

"Most of what I hear is districts are anticipating that they are not going to be able to make the Nov. 15 deadline," added Robert Lowry, deputy director of the state Council of School Superintendents.

This will set up a battle with Governor Cuomo, who said the following about waivers in late April:

Rather than a blanket policy, the state Education Department plans to develop a system to allow schools to delay new teacher evaluations if they can show that meeting a Nov. 15 deadline would create a hardship and be impossible to meet.

Districts will be able to apply to have their evaluation policies delayed until Sept. 1, 2016, Board of Regents Chancellor Merryl Tisch said in an interview Friday with Gannett's Albany Bureau.

The new policy comes after Tisch said in a statement Wednesday that she has directed the Education Department to drop a Nov. 15 deadline for the state's nearly 700 school districts to approve new teacher and principal evaluations. The deadline was included in the state budget approved April 1, and districts face having their state aid frozen if they don't comply.

...

Gov. Andrew Cuomo's office was initially critical of Tisch's announcement on Wednesday, saying the law prescribes a Nov. 15 deadline or districts face a loss of state aid. Cuomo's counsel, Alphonso David, said using the hardship exemption should be "the exception, not the rule."

Cuomo offered a similar response Friday, but recognized that the hardship clause would be allowable.
"They have the power to have a waiver process for hardship, but that is a waiver for hardship," Cuomo said. "So in their regulations, they'll have to define what hardship is and if a school district has a hardship, then they're right to issue a waiver."

Sounds like the number of districts that will have Cuomo's vaunted new APPR plan in place by the deadline will be "the exception, not the rule."

How will Cuomo react when 80%+ of the state's districts seek a waiver for hardship?

19 comments:

  1. He's so worried about the law. What a joke.

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    1. He's worried about appearances, that's all. And yes, he is a joke.

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  2. Cuomo is most likely concerned about the possibility of delays in relieving more veteran teachers of their tenure protections. In a more perfect world, all serfs would be employees at will and New York State would morph quickly into a Right to Work State. I thank God every day for Democrats.

    Abigail Shure

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    1. Even more so, he'll be concerned with looking weak, like his deadline could be ignored. I don't think he'll react well to widespread waivers.

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  3. What are we hearing about NYC DOE on the roll out of this new system?

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    1. Am hearing nothing. But since Mulgrew, Farina and de Blasio are such good buddies, they could conceivably make Cuomo's deadline.

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  4. QUESTION: Let's assume NYC has it's system in place by November. There are only 2 observations required. However, will these observations take place AFTER November? As a specialty teacher, my biggest concern is the principal/outside observation aspect of this deal. Any info is much appreciated!

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    1. Outside observation may only count for 10% - if that's the case, it's one and done, which can be a serious problem if you have administrator out to get you.

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    2. Not necessarily. If the principal's observation is announced, then the teacher can be extra prepared. If the principal observation is unannounced it can be a disaster. (What if the principal comes in the last per of the day before a vacation?) I am hoping that the principal observation is announced. It also makes more sense that way as the teacher can and should have a pre and post observation as well. Thoughts?

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    3. One is announced, one is unannounced. Would bet the unannounced will be the in-house observation. The logistics behind the outside observation suggest that will be the announced one.

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    4. But if the announced is from the outside observer, that would make it a formal observation and the teacher would need a pre and post observation. That would mean that whoever is doing the announced observation will have to visit the school 3 times. If rumors are correct and principals from other schools will be doing the outside observations and if these observations are as you say announced that would mean that a principal would have to leave his or her school 3 times for each formal observation. (Pre-ob, observation, and post-ob) I would think that principals would much rather focus on their own staff via an announced observation so they can have meaningful meetings and feedback with their own teachers. But then again, I could be wrong. If this whole plan is just to play "gotcha" then having your principal do a quick 15 min unannounced observation that is worth 80% of your rating makes sense. Thoughts?

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    5. Frankly, I think the whole plan was pulled out of Governor Andy's hindquarters after he ate a whole bunch of StudentsFirstNY and DFER pamphlets. We'll just have to see how it plays out. But I suspect it will fall apart as a logistic mess sooner rather than later.

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    6. In Newark, many outside observations were unannounced. They imported the evaluators from Connecticut.

      Abigail Shure

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  5. Meanwhile the Ledermans will be in court tomorrow to show that the Education Law is being violated in several ways, among other things.
    In effect, the current evaluation model is illegal.

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    1. Yes, I am eagerly awaiting the news of that case, how it plays out in court. NYSED was never able to show cause for why Lederman went from effective to ineffective om the test component. Instead they simply tried to get the case dismissed, arguing that there was no harm done because she was still rated effective overall. That suggests to me the data for their case came out of John King's goatee and they don't have much to stand on. But we'll see.

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  6. nyc will apply for waiver, that's for sure.

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  7. I do not think NYC will apply for a waiver. The UFT is in cahoots with Cuomo. NYC will make the deadline and Cuomo will proudly preach that the largest district in NYC was able to make it on time and use this to push for all the other districts to do the same.

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  8. I am providing a link for those of you that are interested.

    The link is for The Lederman's Reply Memorandum. Please refer to pages 36-40.

    Here you will find the actual wording of the NYS Education Law that concerns three instances of violation. See for yourself.

    When I read it and realized how egregious the violations are, I began thinking we should all have a hard copy of the Law on our desks at all times. Looks like we've been taken for fools.

    https://www.copy.com/s/t%3AhfUPvSmzK3MdHG3G%3Bp%3A%252FLederman%2520v.%2520King/Reply%20Memorandum%20of%20Law.pdf%3Boid%3A2507

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  9. Well, UFT will likely do the wrong thing as usually and put its weight behind NOT applying for the waiver. But I wonder how DB and Carmen, with one year of mayoral control, feel about this. Tick Tick Tick ...

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