The United Federation of Teachers

Testimony Of Maria Colon To the Council Education Committee on Proposed Whistle-blower Legislation March 2, 2006

Mar 2, 2006 3:42 PM

My name is Maria Colon. I was a student at John F. Kennedy HS and returned to the school as a bilingual social studies teacher in 1995. I was the school’s UFT chapter leader from 2003 to June 2005.

What has happened to me over the past year has put my career in jeopardy and undermined the integrity of the school I love.

In May of last year, two English teachers told me they suspected that the administration had inflated the scores of the January English Regents exam to boost the school’s academic ratings.

The teachers noticed a pattern of about 20 students who had failed the exam, but subsequently had their scores adjusted upwards, sometimes by as much as 25 percentage points. It was dishonest and we felt that it was a clear violation of New York State testing procedures that compromised the entire scoring system. At no time were teachers or guidance counselors informed of the changes.

Following my advice, the teachers went to the principal, who ignored them. So I organized a group of English teachers to go to the principal to discuss the issue. The principal insisted that the administration had the right to change the grades. We held three more meetings with the principal to urge him to act, but he refused to do anything to rectify the situation.

For the protection of students at JFK, we filed a complaint with the State Dept. of Education in May.

The state, however, punted the probe to the city. A Dept. of Education spokesman told New York Times columnist Michael Winerip last month that city investigators concluded that the complaint was “unsubstantiated” since a principal had the right to change grades. But there was no written report, however. The spokesman admitted that the city did not look into whether the changes were appropriate.

The very day I filed the complaint with the state, my principal called the school system’s Special Commissioner for Investigations alleging that I had student transcripts in my office. Investigators rifled through my office the next day and found nothing.

The press picked up on the grade change story. I, as chapter leader, was quoted in the news stories, making me even more vulnerable.

In May, my UFT chapter took a vote of no-confidence against the administration. About 60 teachers and 30 students also staged a protest outside Kennedy HS in early June.

Anyone who was involved in that protest was retaliated against in one way or another.

In my case, on the last day of school, I received a letter notifying me that I was being excessed. I was one of 17 staffers in bilingual education who lost their positions at Kennedy in September. I believe that the administration got rid of all those bilingual and ESL instructors to justify getting rid of me. The school served more than 2,000 JFK students who needed our services. Their education was sacrificed because of our political action. Children who were mandated for bilingual education were told to go to school elsewhere or were left to sink or swim in English-only classes at Kennedy.

In September, I was falsely accused of sending student transcripts with their names on them to the press. I have been reassigned to a “rubber room” pending the outcome of the investigation.

In October, I received a revised annual performance rating. I was given a U for the 2004-2005 school year. I was stunned. I had never received a U rating before, even for an observation.

This January, I was brought up on 3020a charges for termination for insubordination and not following department policy.

Why is my teaching career in jeopardy? Simply for telling the truth and trying to protect the integrity of the educational system and the interests of students.

I urge you to pass the whistleblower legislation before you. Teachers like me desperately need its protection.