Whistle-blower legislation on tap
by Deidre McFadden, Nov 17, 2005

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Council bill has strong UFT support

Legislation is on track to be introduced in the City Council this month to protect city educators from retaliation for raising educational concerns, UFT officials said.

The proposed bill, which is set to be introduced at the City Council's Nov. 16 meeting, is intended to combat what many describe as a climate of fear and intimidation under the current administration, in which educators are reluctant to speak out about school policies that are hurting kids because they fear the repercussions on their jobs and careers.

"Teachers who point out legitimate problems have been harassed, reprimanded or, worse, brought up on charges by this administration," said UFT President Randi Weingarten. "School-based educators are the system's canaries in the coal mine. My members should not feel that they are putting their careers on the line if they complain about micromanagement run amok in their schools or a child who is not receiving appropriate special education services."

The bill, which has the UFT's strong support, builds on the city's 2003 whistleblower law, which protects city employees from retaliation for reporting corruption, criminal activity and conflicts of interest. The new legislation, if enacted, would expand the scope of whistle-blowing to cover city educators who report a department or school policy or procedure that hurts the health, safety or educational welfare of kids.

The UFT is pressing the City Council to pass the bill during the current legislative session, which concludes at year's end.

The UFT and education advocates contend that the Department of Education under Chancellor Joel Klein stifles criticism and dissent because officials don't want to spoil the picture of success that they have painted for the public.

To underscore the need for the legislation, UFT officials cite the example of Brooklyn Tech, where the administration has harassed and abused veteran teachers who have spoken out about problems at the elite high school.

UFT Vice President for Special Education Carmen Alvarez said the new law, if enacted, would encourage concerned educators - who now fear retribution from their school or DOE administrators - to report violations of special ed mandates, such as denial of required services to students and lack of referrals.

The bill backed by the UFT would forbid 'adverse personnel actions' against a DOE employee who, acting in the best interests of students, has made a complaint or report regarding any department or school policy or procedure that presents a risk of harm to the health, safety or general or educational welfare of students. The retaliation could range from disciplinary action or a negative performance evaluation to the denial of a requested transfer.

The new protections would shield educators who bring issues of educational concern to the attention of the Special Commissioner of Investigations for the New York City School District, other city elected officials, or any officer or employee of higher rank in the school, the city Department of Education or the state Education Department.

"My members should not feel that they are putting their
careers on the line if they complain about micromanagement run amok in their schools or a child who is not receiving appropriate special education services." says UFT President Randi Weingarten

TEACHERS UNION BIG SUES
By DAVID ANDREATTA, NY POST, November 1, 2005

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The city is being slapped with an improper-labor-practice charge for allegedly ousting a teacher from his school because of his union activity, The Post has learned.

Teachers union president Randi Weingarten said the union is filing the charge with a state labor board on behalf of Jeff Kaufman, an outspoken critic of the Education Department who was kicked out of his school at Rikers Island this month.

The Education Department said he was removed because he ran afoul of Correction Department regulations. Kaufman, a union leader at Island Academy, claims the city wanted to silence him.

In addition to leading the charge for teachers to reject the city's recent contract offer, Kaufman last year testified to the City Council Education Committee that the city fails to transfer juvenile offenders to regular schools upon their release from jail.

Education officials at the time conceded that the system was inadequate.

"There's no doubt in my mind that this move was done to prevent my members from being represented and to silence me," Kaufman said.

Opening the Door to NYC Education Corruption Part I: Update on Retaliation of All Whistleblowers

Retaliation Against All Whistleblowers is the Name of the Illegal Game in New York City