Over jeers and shouts, SRC suspends parts of school code
Submitted by Dale Mezzacappa on Thu, 08/15/2013 - 21:10 Posted in Latest news | Permalink
Entering the overflowing room to a chorus of boos, struggling to be heard above the derisive shouts of hundreds of teachers, students and parents, the School Reform Commission voted Thursday to suspend parts of the Pennsylvania School Code.
The move, permitted under the law under which the state took over the School District in 2001, gives Superintendent William Hite the ability to call back laid off teachers selectively rather than according to seniority. And it lets him suspend the salary scale that automatically awards raises to teachers for each additional year of service up to a certain point.
Hite has said that these moves are temporary and designed to get the District through an "untenable" fiscal position -- a $300 million budgetary shortfall that forced nearly 4,000 layoffs and raised the possibility that schools would not open on time this year or with enough personnel.
"Our current staffing structure, as mandated in the school code, does not allow us to prioritize matching the abilities of staff to the needs of schools and students,"Hite said, in remarks that could barely be heard over shouts of "shame" and "SRC resign." "The school code also limits our ability to staff schools in an expeditious way, which we urgently need given our time constraints."
But the assembled crowd, mostly teachers, saw the move as an attack on their union and their rights and blamed the District's fiscal straits on the SRC's failure to stand up to Gov. Corbett's administration and demand sufficient revenue from the state.
PFT president Jerry Jordan took particular umbrage at Hite's statement that suspending the code will allow him the flexibility to restaff schools according to the "needs of students" instead of seniority rights.
"What do you think PFT members have been doing for years in schools," he said as the room quieted. "….You are the ones who determine what school budgets look like, whether or not schools have art, music, physical education...When you talk about needs of students, we have been telling you our children need more, not less."
Suspending the code "is an insult to me, my colleagues, and the students of this city," said Gail Kantor, a teacher at Julia deBurgos Middle School in West Kensington. Kantor, like other teachers, said that they often pay for supplies and other children's needs out of their own pockets.
Counselor Ruth Garcia asked Hite how he could possibly decide that some students needed counselors more than others. "Counselors are the front line of mental health services for students," she said. "How can you decide that some students are more needy than others?"
Hite has said that if the District can't afford to recall all 300 counselors it laid off, he wanted to make sure that ones could go back to their schools where they know the students, especially with high school seniors preparing college applications.
He said later at a press conference that all schools would have counseling services, but some counselors may have to serve more than one school.
Hite and SRC Chair Pedro Ramos also said later that it was their intent to use the code suspensions "in limited ways" to get through the current crisis, and not to permanently change seniority rules or pay scales -- both subjects of ongoing contract negotiations.
"These are extraordinary powers granted to the SRC, and nobody would deny these are extraordinary times," said Ramos. "This is to manage through a crisis, not to produce some big shift."
The District is asking the PFT to take pay cuts as well as restructure its compensation system to include "performance pay," and virtually eliminate seniority in teacher assignment.
Hite also said that he planned to take a 10 percent pay cut himself as of Oct. 1, and ask the nine members of his top staff to do the same.
"I'd like to pay teachers as much as we possibly can, but in this fiscal environment, that's just not not possible," Hite said.
The raucous meeting was held hours after Mayor Nutter and City Council held rival press conferences, each promising the District $50 million that allows the District to call back some 1,000 workers so schools can open on time and function, although still with greatly diminished personnel. Despite the disagreement, Hite and Ramos said the assurances were enough for them to start the process of budgeting the $50 million and recalling the workers.
Helen Gym of Parents United for Public Education, her voice shaking with rage, said that parents dutifully mobilized to write letters and contact Council when Hite said the District may not be able to open schools on time without more funds. Now, she felt betrayed.
"All if it was political theater, to justify this," she said. "This was never, never about educating our children. If it were, you would have made the smallest effort to make sure the state money was on the table. But you didn’t even try to get money from the state, money which would have alleviated, if not solved, this crisis."
Gym said that even with the $50 million, schools will not be adequately staffed.
"You are permitting the woeful unprepared opening of schools no superintendent or educator in their right mind would declare fit or ready for children," she said. "You allow this opening of schools in order to provide pathetic cover for a governor who has not only failed to do his duty but has manufactured and exploited a crisis for political gain."
She added, "You talk about a war for education, yet you fire on your own soldiers who are going to fight it for you."
The District's $300 million shortfall is due largely to cuts in state and federal aid, most since Gov. Corbett took office. The District asked for $120 million from the state, $60 million from the city, and $133 million in labor concessions. But the state's direct contribution has fallen far short, and what there is -- $45 million -- is tied up until the Secretary of Education decides that the District has put in place certain "reforms" in the teachers' contract.
"We are in this room in this fight, because the Governor of Pennsylvania imposed a $1 billion cut to public schools in this state and he has stood behind state laws that make it nearly impossible for you to put a balanced budget in place," Donna Cooper told the SRC, her remarks nearly drowned out. Cooper, the director of Public Citizens for Children and Youth, was an aide to former mayor and governor Ed Rendell.
Cooper said she agreed with the decision to suspend the seniority provision, but disagreed with the piece that would allow the District to suspend the salary scale that awards raises based on longevity.
"The SRC is not clear about what measures it would use in lieu of the predictable salary schedule currently in place," Cooper said. "Until a clear and fair alternative proposal for how teachers will be paid is presented and discussed publicly, seeking to use these powers will be seen as suspect. Furthermore, effective teachers, with experience, are likely to look elsewhere to work. That’s not good for our students or for new teachers in need of mentors."
After all that, the SRC voted unanimously, with little discussion. Sylvia Simms, a North Philadelphia parent and grandparent and the newest member of the five-member panel, tried to explain that she has been a long time advocate for children and wants the discussion to move away from adult preoccupations. But she was largely shouted down. None of the other commissioners made any comments before voting.
Almost lost in the din was an understanding of the other parts of the school code that the SRC voted to suspend.
Two would allow the District to better manage charter growth and more easily deny renewal to academically underperforming or financially corrupt charters. Others would let the District more easily dispose of surplus property.
At the press conference later, SRC chair Pedro Ramos, a Corbett appointee, danced around the question of whether he was satisfied with the deal worked out in Harrisburg to close the District's budget gap and with the state's contribution to the District's needs. Most of the money that comes out of the deal -- the extension of a 1 percent sales tax designed to bring $120 million to the schools each year starting in 2014-15 -- will come from the city.
Ramos said that the request was "$180 million from our funders," with the "suggestion" that most come from the state because that has been the historical pattern. He added that where the money is actually coming from "is a legitimate point...for debate."
As for how the deal works to meet the District's immediate needs, he said, "It's unfortunate that for this fiscal year things were made so convoluted." Part of the package requires the city to borrow $50 million off the future sales tax increase -- the subject of the dispute between Mayor Nutter and City Council.
At the same time, the deal will produce significant, new recurring revenue for the District in the future, Ramos asserted.
He added, though: "This SRC been here a little under two years, and a lot of that two year period has entailed doing things none of us would ever have wanted to do."
Mayor plans to proceed with borrowing $50M for schools, restoring 1,000 positions
by thenotebook on Aug 15 2013 Posted in Latest news
Mayor Nutter announced Thursday morning that he is taking "executive action" to borrow $50 million for the schools in time for their opening on Sept. 9. The funds will allow the District to restore about 1,000 of the 3,800 positions that were cut this summer due to the city's budget crisis. The mayor has issued a letter to Superintendent William Hite assuring him that the city will deliver those funds.
City Council, still not on the same page with the mayor about how to raise the funds for the School District, has separately provided its own assurance that the District will get $50 million.
Hite, who last week said that the $50 million was "necessary but not sufficient" to ensure the opening of schools, said in a statement Thursday that the money committed by Nutter "will enable us to provide many crucial school functions and restore critical staff positions, including assistant principals, counselors and hallway, recess and lunch monitors. This money will also help us to avoid combining grades in single classrooms, offer extracurricular activities at all schools, and ensure adequate maintenance and custodial services."
City Council President Darrell Clarke, however, says the mayor does not have the authority to borrow these funds.
That doesn't appear to be an obstacle to the go-ahead the mayor gave the District. Asked whether Hite should still presume that the District will get the $50 million Hite had asked for, Clarke said "Correct."
Here are the mayor's prepared remarks:
A week ago, Superintendent William Hite said Philadelphia public schools could not safely open on Sept. 9 without a firm commitment of $50 million so that he can hire back about 1,000 School District employees between now and then.Today, as Mayor of this great City, I’m here to say I WILL NOT RISK A CATASTROPHE. We WILL avoid this disaster.I am committing to our students, parents and citizens today that schools are going to open on time and safely on Sept. 9th. Children are going to continue their education.I am not going to let this crisis ruin the start of what is certainly a promising school year, and it’s clear to me that a majority of Council members, even with different ideas now being discussed, want the same one thing – that schools open on time AND safely.Therefore, I am taking executive action today on behalf on our City to end this current crisis and uncertainty.There are a number of ways to try to accomplish this goal – a borrowing, a grant, a loan or even the purchase of school buildings or school tax liens – each has its own requirements, complications and challenges.I’ve evaluated all of the options and their respective impacts on the City’s finances.As a result of these evaluations, I am today now directing the City Finance Director, the City Treasurer and the Budget Director to begin immediately to take all necessary steps to conduct a City borrowing of $50 million on behalf of the School District. I believe this mechanism is the best way to immediately get these needed dollars to the School District with virtually no financial impact on our City.If Council approves a sales tax bill consistent with what’s been approved in Harrisburg, or any other legislation, it will give the City access to $15 million a year to repay the borrowing.If Council fails to act, either the costs of the borrowing will be borne by our City’s General Fund and unfortunately it causes significant deficits for the City, or even worse, deprive our schoolchildren of a sustainable funding source because of a dispute over how best to solve our City pension problems.Our school children did not create the City pension problem nor are they responsible for the School District’s funding problems. They should not suffer as we try to resolve it. They should not be pawns in a political chess match of leverage and strategy.The State legislation, while not perfect, does provide $400 million to our Pension Plan over the next 10 years, while also providing $600 million in education funding over the course of the next 5 years. These are significant new funds for education AND pensions.Second, today, I will have this letter hand delivered to Dr. Hite, informing him of the City’s commitment and asking him to immediately begin the process of hiring back the thousand or so school district employees whose return will ensure that schools open on time and safely.Third, today, we will also hand deliver to City Council and the Chief Clerk proposed legislation to implement the sales tax extension consistent with what was done in Harrisburg.This legislation will also include language that if the General Assembly changes the distribution of sales tax revenue to an equal split between the School District and the city pension fund, then that too would be authorized by Council with passage of that particular piece of legislation.And I agree that the sales tax should be split between the City and School District IF, if the cigarette tax is passed in Harrisburg.The bottom line is that we need to take action now and make commitments now in order to avoid chaos.I will continue to work with Council President Clarke and members of City Council to take the necessary steps to support our School District in the short term while we all work with our State Legislators and our Governor on a long-term, stable and recurring financial plan for funding the education of our young people.And so, I’m also calling upon all elected officials, school advocates, the business community, our religious communities, our parents and anyone concerned about the City’s future and its economic well-being to work together with cities and towns all across the Commonwealth on developing a new education funding formula that takes into account the student population and their needs and challenges.Pennsylvania needs to join the other 47 states that use such student-based formulas to fund education.Let this effort be the cause that unites us all across the Commonwealth. I believe this cause is a significant part of what quality education is all about. And if we’re successful, it’s this kind of long-lasting work of which we can all be proud.But let me be clear at this moment, my message today is focused on tomorrow’s deadline and on Sept. 9th. We are taking these actions because Philadelphia children and their parents and their hopes for a brighter future are not going to be shattered by indecision, fear or doubt.As Mayor, it’s my duty to keep Philadelphia on track and moving forward and that’s what I’m doing today.On Monday morning, Sept. 9, I expect that we’ll all be ringing school bells at schools all across the City with Philadelphia school children, their teachers, administrators and other staff. We’re going to kick off a great year of enrichment and discovery on that day.To the parents of Philadelphia school children, I have heard you clearly and I understand your concerns, and that’s why I’m taking this action today on behalf of our children.Young minds are preparing for greatness in our grand and beloved City. We must meet our challenges head-on, that is our path forward. I anticipate that day, and with today’s commitment we’ll have the necessary funding and staff – safe and ready to go on Sept. 9th.Thank you.
Countdown, Day 26: Hite wants SRC to suspend school code's seniority provision
by Dale Mezzacappa on Aug 14 2013 Posted in Countdown to calamity?
Still lacking sufficient funds to open fully staffed schools on Sept. 9, Superintendent William Hite will ask the School Reform Commission to suspend parts of the state school code at a special meeting at 3 p.m. Thursday.
Many of the changes involve provisions governing labor practices. The District is seeking to bypass seniority rules as it restores positions and calls back laid-off workers. It also wants the ability to put at least a temporary halt to automatic pay increases based on longevity -- called "steps" -- for professional staff.
"We are in an untenable position," said Hite in an interview Wednesday afternoon. The requested changes, he said, will give the District more flexibility "to grapple with a budget that does not adequately support schools."
Other requested changes would allow the District to hire licensed nurses who are not specifically certified as school nurses. Hite said that no current school nurses would be displaced, but that vacancies could be filled with nurses who would not be paid as much.
Hite also wants the SRC to suspend a requirement about "independent school employees" so that teachers at the District's new virtual school would not have to be part of the collective bargaining unit.
The District is currently in negotiations with both its teacher and principal bargaining units, whose contracts expire on Aug. 31.
Heads of both the Philadelphia Federation of Teachers and the principals' union immediately reacted with dismay.
"This clearly represents the District negotiating in bad faith," said PFT president Jerry Jordan.
Hite repeated several times that seeking these code changes will give him more tools to make ends meet and staff schools adequately, and are not related to the contract talks.
But one byproduct is that he could achieve some goals the District is seeking in the negotiations through this means, including a weakening of seniority and elimination of automatic raises based on longevity.
"Professional employees get salary increases, required purely on the fact that they are here another year," Hite said. "This would allow the District to say, 'OK, we're not giving increases that way. Instead we're giving increases based on performance.'"
It also means that if the two parties don't reach agreement by the deadline, the current contract will not be what governs pay and assignment going forward.
More immediately, suspending a provision in the school code regarding recall from layoffs will allow the District to call back the employees they want, not just the most senior.
"This would allow the District to recall certain employees based on the specific needs of students rather than the length of service of employees," Hite said. He gave the example of counselors, all 300 of whom were laid off. If not all can be called back, Hite said he wants to make sure that especially in high schools, counselors who have been working with seniors for three years on college placement are able to return to the schools that they left because they have already been working with those students.
"If we are only able to retain a portion, it is important we can return the counselors to the buildings that are familiar and have been working with those young people," he said. "We want to take whatever actions we can take now to make sure that when children come back to schools, they have the ability to interact with that person."
Other changes being sought include one that would make it easier to close poor-performing charters and another would make it harder for charters that have exceeded enrollment caps they agreed to in writing to get reimbursed from the District for the excess students.
Other changes would make it easier for the District to sell surplus property more quickly.
The law that in 2001 established the School Reform Commission as the governing body for Philadelphia schools also gives the SRC the extraordinary power to waive provisions of the state school code.
Union leaders said that this action would complicate negotiations.
"To make the decision that the School District wants to suspend sections of the school code is nothing short of outrageous," said the PFT's Jordan. He was especially incensed about the provision that would allow the hiring of nurses not certified as school nurses.
He said there is a reason for the special certification. "I think that’s reprehensible. The school nurse is, in many cases, the only medical person many children see," he said.
On not using seniority to call back laid-off workers, Jordan said it is arbitrary to decide which are more valuable. Hite said that he was hoping to call back all the counselors, but wanted to be able to set priorities if he couldn't.
Jordan was blunt. "I don't normally curse, but that's bullshit," he said.
He noted that the union was able to negotiate a path to calling back secretaries so that each school was staffed, and wondered why Hite didn't want to do the same for these other job categories.
Secretaries will start work Monday, and about 75 percent of schools will have secretaries that worked in the buildings before, Hite said.
Robert McGrogan, head of the principals' bargaining unit, CASA, said he found the action "extraordinary" and troubling.
"Eliminating these rights would be discriminatory and subjective by nature," McGrogan said.
McGrogan noted that the SRC didn't give his members a raise that is part of their current contract.
"The SRC reneged on the agreement we're in and we're still negotiating with them, trying to find efficiencies," he said. Now, the District is treating them "as a wart on their side," he said.
[Update: The Philadelphia School Partnership, which lobbied in Harrisburg to demand contract reforms in return for more state dollars, issued a statement in favor of the changes Hite wants -- and more.
"We encourage the SRC to go further and implement mutual consent across the board – suspending seniority as a factor in the hiring and transfer of all teachers – as a critical component of reforming public education in Philadelphia," said a statement from PSP director Mark Gleason. "It’s the linchpin for developing schools that give our children the very best chance to succeed."]
Hite said that he isn't taking these steps in an effort to placate state officials, who are withholding $45 million in appropriated funds pending a labor agreement with the PFT that is satisfactory to them. He said that it is his understanding that only a signed contract with the PFT would shake loose that money.
As far as the $50 million from the city -- a one-time payment from a loan using future sales tax revenue as collateral -- Mayor Nutter and Council President Darrell Clarke made no announcement Wednesday on an agreement. Clarke wants to use some of the money from the extension of a 1 percent sales tax for pension costs and not turn all of it over to schools.
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ReplyDeleteHey Fred, interesting to see Philly in trouble. I'm testing out the comments, first one was Dup'd. Kev
ReplyDeleteHey Kev - yours came through smoothly ! Philly has been interesting ! The Notebook has been a much better source of detailed info ( surprise , surprise ) , than either of the Local Newspapers - no surprise to me why newsprint is dying ! Anyway , here we are , just a tad more than three weeks before the start of school and the Public School situation is still clear as mud , financial situation still undefined , the Mayor and City Council still at two vastly different places as to how to raise their 50 million ..... State still saying no money from it until the Teachers Union gives back massively..... Teachers Union still saying Forget about givebacks.....At this point , bare bones staffed school may reopen on time ( with several thousand employees still laid off ) , how can those schools be safe ? If not safe , how can students learn ? So , this is just a mess and no resolution is in sight .....
DeleteSounds like every other government in the country. Sorry it's yours. Kev
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