U-rating appeals resolution (12-07)
Jan 22, 2008 1:49 PM
Whereas, the intent of Article 21D of the Collective Bargaining Agreement (Discontinuance of Probationary Service and Appeals of Unsatisfactory Ratings) was to recognize that errors in professionals’ judgment do occur and that these mistakes should be rectified; and
Whereas, until recently the advisory recommendation of the hearing officer and tripartite committee of professional educators was implemented more often than under the present administration; and
Whereas, since Joel Klein has been the Chancellor, decisions made by the Deputy Chancellor (U-Ratings) and the District Superintendents (Discontinuances) always go against the appellant or probationer; and
Whereas, there are reports of major procedural irregularities regarding the appeal process; be it therefore
Resolved, that the UFT seek all applicable data about U-Rating appeals from the DOE; be it further
Resolved, that the UFT, by January 1st, canvas members that have gone through this process and analyze the DOE data and determine whether the resolutions to those appeals have been within the intent of Article 21D; be it further
Resolved, that if the analysis determines that Article 21D is being abrogated that the UFT immediately take all necessary steps, contractual and legal, to both
- restore the intent of the appeals process, and
- correct the procedural irregularities within the process; be it further
Resolved, that members who had appealed their U-Rating/Discontinuance and
- received a positive recommendation from the Hearing Officer but had their U-Rating sustained by the Deputy Chancellor have their decision reconsidered;
- have the UFT seek appropriate contractual or legal action for members who believe that there were procedural irregularities in their appeal.
Passed at the Dec. 12, 2007 UFT Delegate Assembly.
