Associated Incidents
Stories & Grievances
A NYC Math Teacher Fights Back After Receiving an Unfair 'Unsatisfactory' Rating from a Principal
Edmond Farrell uses the Freedom of Information Law and Department of Education/Teacher regulations in his fight to change an unfair 'unsatisfactory' rating. His rights in the administrative proceedings were violated, Chancellor Klein never answered his appeal, and now a Verified Petition has been filed with Commissioner Mills on the grounds of teacher abuse, abuse of discretion, and age discrimination. This case may change the practice of dumping good teachers in New York State.
Parents throughout New York City and across America are wondering why good teachers disappear from their child's schools while terrible - and sometimes even abusive - teachers are allowed to stay. We at parentadvocates.org believe that there is a "new" criteria for teachers that no one wants to talk about, because it is illegal. The criteria for obtaining employment at the Department of Education is no longer quality in teaching or "loves children". Instead, you will get hired if:(1) you are perceived as someone who will never ask questions or whistleblow what you see inside the secret hallways and offices of your school. In fact, you may have just moved to a new state because of crimes committed there, and you have a reason to maintain a school's secrecy.(2) you support the implementation of curricula that is unproven, unknown, and worthless, such as TERC math, Everyday Mathematics, "Balanced Literacy", etc., all of which are currently imposed on teachers throughout the US. The US government and educational researchers still have not found statistical research to support these programs. We all must see newspaper reports about success as part of the "Armstrong Williams" syndrome, or payola in the media. (See " Armstrong Williams: Education Propaganda, Payola, or Whatever You Call it, is Still False ADvertising and Political Misconduct ")This obviously "must keep confidential" criteria for teachers is harming our children and their future. They are not being given the skills and knowledge that they need to achieve and be successful in whatever they want to do because many kids drop out in frustration or are pushed out, suspended, arrested, and abused in order to leave. Principals do, we must not forget, want their school scores to go up rather than down, any way they can make this happen. Bonuses matter.Superintendents and principals have the power to "observe" subordinates and judge their performance based upon their "observations". Often the observation reports may be biased or prejudicial, and the teacher has little recourse. In New York City, an award-winning math teacher at John Adams High School, Mr. Edmond Farrell, was given six unsatisfactory observation reports after 9 years of satisfactory and excellent ratings. What changed was the administration: a new Principal, Mrs. Grace Zwillenberg, was appointed to the school in 2003-2004. She does not like Ed, who is over the age of 50. She wanted him out, and used observation reports to get him out of the school. He believes this is wrong, and is determined to prove this in court if necessary.In New York City observation reports have been designated in the courts as "opinions" ( Elentuck v Green, 202 AD2d 425, 608 NYS2d 701, 702; 1994 ). Will Mr. Farrell's U-rating hold up in court? He has filed a Verified Petition with New York State Education Commissioner Richard Mills to find out.Edmond Farrell, a math teacher in New York City who had the unfortunate experience of being, he believed, falsely accused of 'unsatisfactory' performance, fought back using references to the Freedom of Information Law and the Regulations of the Commissioner of Education. His letter, we believe, should be used as a model for anyone fighting an unfair assessment by someone higher up who is trying to get rid of/silence/harass him/her.I should add that at the Office of Appeals and Reviews Hearing for Edmond Farrell on November 8, 2004, I and Mr. Norman Scott, both listed as witnesses in the letter that follows, were barred from being witnesses or entering the Hearing at all. OAR Director Mrs. Virginia Caputo created quite a scene screaming at me that I could not, under any circumstances, be part of the Hearing, because "only Board of Education employees may be witnesses". When I asked to see this regulation in writing, she became even more angry, and told me she did have them available. Her Assistant in the OAR is Mr. Greg Brooks, who told me the same thing in the same way. Mr. Norman Scott was also barred because he currently does not work for the DOE and is retired. The other three witnesses listed in the letter below were dismissed before the Hearing. Ms. Caputo made a 'new' regulation for Mr. Scott, namely that he DID work for the DOE but not at John Adams High School. Mr. Farrell's UFT representative, Ms. Ritter, who accompanied him into the hearing, was also a retired teacher but had