Showing posts with label whistleblowing. Show all posts
Showing posts with label whistleblowing. Show all posts

Saturday, September 21, 2013

DOE whistle-blower tells how data and funding have been manipulated

As the UFT's president Michael Mulgrew intimated, a truth commission on the NYC DOE is indeed in order!

I know a mole inside the New York City Department of Education. He/she knows how the DOE manipulates data to burnish the mayor’s image. This is a good reason to oppose mayoral control of the schools. He/she says the mayor’s small schools close with regularity; that the data cannot be trusted; that the Department has shown preference to charter schools but they got lower scores on the Common Core tests than the public schools.
Most shocking: the DOE intends to delete all the emails on its computers. 
Quick, someone file a FOIL before it’s too late.

The mole writes:
“A Bad Business: The Bankruptcy of Education Policy”
Mike Bloomberg, in his recent interview with the magazine New York, admitted to following the companies run by his friends as economic barometers of New York City’s conditions. According to his website, “Mike has made education reform the focal point of his agenda,” an agenda dominated by applying business ideas to New York City’s schools. 
Are the profit margins of huge corporations truly “indicators,” as Bloomberg claims, of how the citizens of New York City are doing? Does his application of business ideas actually improve schools for children? Let’s examine the evidence to see how the next mayor can do better.
Day trader versus business owner. Under Bloomberg, the bureaucrats at Tweed see themselves as “portfolio managers.” Just like day traders, they take no responsibility for the success or failure of the shares in their portfolio. They close and open schools, just like a day trader flips stocks. They refuse to take ownership of the schools under their charge and decline to commit to ensuring their success. Of course, in this case, the stock shares are schools with roots in a community and tens of thousands of children. What do the numbers say is the end result all this? The schools opened under Bloomberg are shuttered at the same rate as older schools, leading to an overall profit of zero. What should the next mayor do? Like a small-business owner who works as hard as possible to ensure her business succeeds, he must put children first and hold the education bureaucrats accountable for the success of each and every school in New York City.

Enron-like accounting practices versus independent auditor. Under Bloomberg, the Department of Education fudges and manipulates numbers to serve their political ends. They refuse to open up their complete data sets to independent researchers at universities who publish results in peer-reviewed journals. Someti mes they release limited data to friendly “think” tanks or to organizations that need to maintain their good will. These paid advertisers publish favorable “reports” in order to continue to have access to the seemingly top secret data.

Now they plan on deleting all emails from the Department of Education right before Bloomberg leaves office, just like Arthur Anderson and Enron.

What is the end result of all this? Bloomberg touts false numbers as “evidence” of “success” while the voices of independent researchers are silenced. For example, Aaron Pallas, a professor at Columbia University’s Teachers College, was refused access to data after finding that the achievement gap did not close under Bloomberg.

What should the next mayor do? Just like an honest business has its results audited by an independent accounting firm, he must put children first and create an independent panel of researchers who are guaranteed full access to all DOE data. The reports of the panel should be made public and should inform education policy decisions in the city.

Crony capitalism versus fair business practices. Under Bloomberg, select schools are favored and granted unfair financial advantages over other schools. New schools that opened under Bloomberg are given more money per student than other schools. Charter schools are given more money per student, including free-of-charge public school space, than other schools. Favored schools are granted extra money through mysterious appeals and special grants.
This is similar to business practices in corrupt countries where relatives and friends of the ruling family are granted monopolies and other unfair advantages in business.

What should the next mayor do? He should put children first and institute a set of fair business practices under which all schools receive the full share of funding they are entitled to based on the students they serve.
Buyer beware versus fiduciary duty. For years credit card companies and other financial firms used small print and legalese to rip-off customers. Companies are now required to abide by consumer rights laws. Under Bloomberg, a complicated and frustrating high school application process has been deceptively advertised as choice for students. While some parents and students have the time and patience to navigate the process others do not.

What is the end result? Vast differences in student enrollment patterns between schools. The 10% of schools with the highest special education enrollment rates average 27.4% students with special needs. The 10% of schools with the lowest special education enrollment rates average 4.5% students with special needs. The 10% of schools with the highest English Language Learner enrollment rates average 40.8% (not including specialized schools for new immigrants). The 10% of schools with the lowest English Language Learner enrollment rates average 1%. Screened and specialized schools have a student body that is extremely unrepresentative of New York City’s children.

What should the next mayor do? He must put children first and ensure that every student has the opportunity to attend a quality school with a diverse student body that allows students to build the skills needed to function in our global economy and international city.

False advertising versus truth in advertising. Under Bloomberg, schools were supposedly being run along the lines of a business. It is now clear that this was false advertising and the “business” practices employed have bankrupted many a corporation. Ideology has determined policy rather than data and evidence.

Charter schools were touted as putting public schools to shame while the data showing that charters do not serve similar student populations and get rid of under-performing students was ignored. Then the test scores of the new common core exams were released and charter schools performed significantly worse than public schools. This data was ignored.

If Coca Cola had followed a similar “business” approach they would have continued to market “New Coke” and bankrupted the entire company. What should the next mayor do? He must put children first and ensure that all children have access to a quality early childhood education program. The economic data shows such programs have very high returns on investment and more than pay for themselves over time. We need a mayor who is willing to employ honest business practices such as ownership, honest accounting, fairness, and responsibility to the consumer in improving our schools
Whistleblower Francesco Portelos wrote on the comments how the DOE has targeted him. This is probably representative: that there are many damning details in the emails. The media's ignoring of the DOE governmental shenanigans that Portelos and the DOE mole point to is a crime against the profession of journalism of the highest order.

Absolutely, there must be an injunction against the deletions. Not only should good government groups, but NYC public advocate Bill de Blasio or comptroller John Liu must seek an injunction against the deletion of the emails. Let them show their Moxie. Portelos wrote:
I’m still only 80% through 3,000 pages that just have my name in it. I’m dumbfounded on the conversations between my principal, Supt, Tweeds, including three Deputy Chancellors, investigators and CEC members. 3,000 Pages of Secret DOE Emails. [Deputy Chancellor Kathleen Grimm Enters Stage Left]
We cannot allow destruction and I believe coog.gov and Robert Freeman need to be involved.

Wednesday, September 11, 2013

What the Portelos case means for all NYC teachers

                   *Relevance for Danielson observations under "Advance"
This week has some matters of importance to New York City teachers. Besides the Democratic primary for mayor, it has the termination hearing of Francesco Portelos. The matter of the Portelos case is an instance of reality being more cinematic than fiction.

For those that do not know the Francesco Portelos case: he was the model recruit, coming from a successful engineering career--taking a $20,000 salary reduction in the move to public school teaching, and wanting to share his knowledge and enthusiasm with students. As a teacher he set up a special STEM lab and had glowing reviews from his supervisors.
Flash forward to his time teaching science in a middle school. All that he did was ask an innocuous question in the School Leadership Team (one positive structure in the current Bloomberg --when it is handled by administrators with scruples) meeting about the school budget. From there he was able to find more and more complicating, suspicious details about how the principal was running the school. For deeper details read Educator Fights Back (his blog) and NYC Rubber Room Reporter and ATR CONNECT.

Almost immediately, Portelos was subject to all kinds of actions by school administration, actions that evinced general paranoia, over-reaction and flagrant abuse of power. He was denied all kinds of due process, such as habeas corpus (granted, he wasn't jailed).

Merely asking a question, a responsible got Portelos into a deep process of institutional retribution.

This case has significant ramifications for New York City teachers for the following reasons:
1) If the city prevails it will further indicate that this is a vindictive system, even towards an employee acting merely with the actions of good citizenship.
Moreover, a termination decision, sustaining the city's position, will have a far deeper chilling effect on the likelihood that teachers will feel free to speak, it will sustain the climate of repression, reinforcing the feeling among many teachers that this is an authoritarian regime. Not everything changes 1/1/14. The mayor changes, but your principal remains the same.
2) The general abandonment of the United Federation of Teachers (UFT) regarding helping Portelos in a serious manner demonstrates that the UFT is far too often just interested in going along with the city Department of Education (DOE) to get along. This case makes very clear that contrary to the media hoopla in 2010, the rubber rooms did not disappear. Merely, the large ones disappeared (an honest account of the closure of the large rooms can be found here), and they became very small, like solitary confinement.
3) Of prime relevance to teachers in the Danielson era: it shows that when administrators want to target you, they will do so, and do so with exacting impunity. Danielson exploitative will happen in the following manner: administrators will fly in, expect compliance along 22 domain components, including observers' assessments of  students' body language. Aside from the veneer of fairness, the system is riddled with openings for administrators to practice bias. The Framework makes assumptions about the teacher's impact on the class that ignore other factors that could contribute to student engagement, cooperation and learning.
Refer back to 2)-- the UFT left Portelos to hang on his own. Again this was a star teacher with no disciplinary letters prior to the witch-hunt treatment. If the UFT abandons a stellar teacher thrown into the new solitary confinement rubber room on trumped up charges, you can bet that it will abandon thousands more in the 3020(a) hearings from the Advance evaluation system (analyzed here and here).

Portelos' 3020 hearings are on September 12, 23, 30 at 49 Chambers Street, Manhattan.




UPDATE: Portelos has reported his receipt of damning 3,000 pages of secret DOE emails.
Porteles Monday -ahead of Thursday first of his 3020(a) hearings- received a CD of over 3,000 NYC Department of Education emails on him. The abuse of his dignity and the flagrant denial of his constitutional rights of due process are one thing. Yet, as he notes, the neurotic obsession by the DOE about him constitutes a blatant exploiting of taxpayer dollars. Read this beginning excerpt of his blogpost:
Anyway, my attorney gave me this CD he received from the NYC attorney defending the city in my Federal case. We opened it, made copies and saved them (on servers around the world.) It contains approximately 3,088 pages of emails to and from Principal Linda Hill and Superintendent Erminia Claudio’s DOE accounts with the word “Portelos” in it from January 2012 to June 2013 plus other items. That includes when they were just copied.

Let me just start with Wow! You thought the Cathy Black emails were interesting? I started backwards and only got through 1/5th and am absolutely floored. I’m not sharing any just yet, but let me make some quick points that should make taxpayers and parents upset as well as the students who lost out.

- The amount of man-hours and resources that went into trying to “get me” is ridiculous and appalling.

- Deputy Chancellor of Operations Kathleen Grimm is copied a lot and weighs in. To help alleviate the situation? No. The first time I heard of her was at a Panel for Educational Policy (PEP) school closure meeting and some audience member yelled out “Boooh.. Grimm Reaper!” That’s not polite I thought. I was then informed that she closes down schools.

- Deputy Chancellor Shael Suransky is in the emails as well.

- There are times when “they” got wind that I would be present at a public event, speaking out and actually upped security. What? Harmon Unger, Frank Jordan and the Office of Safety and Youth Development was on the case. I thought it was odd to see the guys in suits with wires in their ears. Now it makes sense that they kept an eye on me while I sat in the back of the Petrides auditorium.

-The words “he’ll stop at nothing” and “he is relentless” were used by many. It’s funny, because I was talking to a teacher at my school and said “Remember when I first came to IS 49 from the environmental field? I was this scrawny guy running around helping out with tech issues and staying late and weekends?” She replied “I was thinking that. Look what they have created, but what choice did you have? You’re up against an army and they don’t know what to do. It’s ridiculous! ”

-David Brodsky of Labor and Relations, Kelly Doyle of ATU, Karen Solimando.

- Several UFT members, within the building, helped with the demise of the great atmosphere we once had. We knew this, but the amount of teachers and paras who were emailing the principal my chapter leader notices is crazy. Some were not involved in my case at all, but I guess they wanted to ensure a Satisfactory rating. Another reason the teacher evaluation is going to be subjective. “Keep giving me info and you’ll get rated Highly Effective.

- I’m under even MORE investigations than I thought. Have lost count, but somewhere around 34. Lol. Great job SCI and OSI…ignore my evidence backed complaints and investigate magazine subscriptions. Yes apparently my principal was getting Playboy subscriptions and she reported that I subscribed her. You can’t make this stuff up.
. . .
Update: With less than 24 hrs before my termination hearing, SCI investigators visit my mother in law & play with my kids. Desperate? I believe so.
[Emphasis, added.]
And that is just the beginning of the vindictive madness, all at the expense of you New York City taxpayers. Accountability, my foot.
Go to Porteles' blogsite for the full post on this wild trove of Kafkaesque bureaucracy run-amok: "3,000 Pages of Secret DOE Emails. [Deputy Chancellor Kathleen Grimm Enters Stage Left]"

A modern day Frank Serpico, only this one, Portelos, was banished in often solitary confinement to the rubber rooms that the master of disinformation UFT president Mulgrew said were closed three years ago. Yes, public, know a teller of disinformation (Mulgrew) by the company he keeps (candidate Thompson) -read here and here, here, here, here.

Portelos' hearings are public: on September 12, 23, 30 at 49 Chambers Street, Manhattan.

On a related note, we must show solidarity with an anti-judicial corruption whistleblower, Sun-Ming "Sunny" Sheu, murdered in 2010. Read "The Death of Sunny Sheu" --Truth-Out called the New York Police Department's Own Trayvon Martin Case, and these other reports, at DailyKos and a local blogger's repository of info re Sunny Sheu. The writer of Truth-Out's "The Biggest NYPD Scandal in Decades: Murdering of Sunny Sheu" called this case "the New York Police Department's Own Trayvon Martin Case."
Bill Thompson's technocratic disinterest --merely, your time is up-- to testimony regarding Sheu should send shivers through the spine of people already concerned with how Thompson has a history of political self-aggrandizement, yet no passionate commitment to principles in his general political life. See this video of Thompson presiding at hearing in question: https://www.youtube.com/watch?v=RWivhbIVgMU

Sunday, March 3, 2013

Judge: Francesco Portelos's Suit vs NYC DOE Goes Forth

BREAKING-
Federal Judge to DOE: MOTION TO DISMISS DENIED A star Science, Technology, Engineering and Math (STEM) teacher was improperly retaliated against by his principal and the New York City Department of Education. A federal judge has ruled that his case may go forward.
For those of you who are following my crazy saga, you know I filed a Federal lawsuit (Portelos v. DOE) last June. It is against the City, DOE, and Berta Dreyfus IS 49 Principal Linda Hill. They attempted to silence a parent, who is an educator, who has a backbone and is apparently thousand times savvier than them…the failed.

The city attempted to dismiss my case and my attorney Bryan Glass, Esq., just sent me great news this morning; honorable Judge Roslynn R. Mauskopf has denied that motion. In non legal words … Game On!

We start deposing witnesses soon. We are starting with Principal Linda Hill, former SLT Chairperson Susanne Abramowitz, former UFT Chapter Leader Richard Candia and former NYC DOE HR Director Andrew Gordon.

“As a matter of self-preservation, a man needs good friends or ardent enemies, for the former instruct him and the latter take him to task.” the Greek Philosopher Diogenes

Read the full document here: Portelos v DOE MTD Denied

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
———————————————————–X
FRANCESCO PORTELOS,
Plaintiff,
- against -
CITY OF NEW YORK; NEW YORK CITY
DEPARTMENT OF EDUCATION; DENNIS
WALCOTT, CHANCELLOR OF NEW YORK
CITY DEPARTMENT OF EDUCATION;
LINDA HILL, PRINCIPAL OF I.S. 49, IN HER
OFFICIAL AND INDIVIDUAL CAPACITY,
Defendants.
———————————————————–X ORDER 12-CV-3141(RRM)(VMS) ROSLYNN R. MAUSKOPF, United States District Judge.
On June 22, 2012, plaintiff Francesco Portelos filed this action seeking monetary and equitable relief against defendants the City of New York, the New York City Department of Education, Dennis Walcott, and Linda Hill (collectively “defendants”) pursuant to 42 U.S.C. § 1983 and New York Civil Service Law (“N.Y. C.S.L.”) § 75-b. Plaintiff alleges that defendants violated his First Amendment and state law rights by retaliating against him for reporting fraud and misconduct at I.S. 49. (Compl. (Doc. No. 1).) Before the Court is defendants’ December 17, 2012 motion to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Mot. to Dismiss (Doc. No. 17).) For the reasons set forth below, defendants’ motion is DENIED in its entirety.

Read the full document here: Portelos v DOE MTD Denied

For the reasons stated above, defendants’ motion to dismiss (Doc. No. 17) is DENIED in its entirety. This case is committed to the assigned Magistrate Judge for supervision of all pretrial matters.
SO ORDERED.
Dated: Brooklyn, New York Roslynn R. Mauskopf
February 28, 2013 ____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge
Case 1:12-cv-03141-RRM-VMS Document 25 Filed 03/01/13 Page 6 of 6 PageID #: 127