Fillable ROLE OF THE CHAPTER LEADER (United Federation of Teachers)

Fill Online, Printable, Fillable, Blank ROLE OF THE CHAPTER LEADER (United Federation of Teachers) Form

Use Fill to complete blank online UNITED FEDERATION OF TEACHERS pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

ROLE OF THE CHAPTER LEADER (United Federation of Teachers)

On average this form takes 134 minutes to complete

The ROLE OF THE CHAPTER LEADER (United Federation of Teachers) form is 609 pages long and contains:

  • 0 signatures
  • 0 check-boxes
  • 536 other fields

Country of origin: US
File type: PDF

Use our library of forms to quickly fill and sign your United Federation of Teachers forms online.

BROWSE UNITED FEDERATION OF TEACHERS FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
ROLE OF THE CHAPTER LEADER
• The UFT
team
• You are elected
• Responsibilities of the chapter leader
• Your first month / start-of-school checklist
• List of UFT members in your school
• Rights of the chapter leader
• Meetings/Committees
o Chapter meetings
o Consultation committee
Budget guide
Curriculum and paperwork reduction
o School Leadership Team
o Safety committee
UFT/DOE system-wide safety standards
SAVE legislation
o PD committee
o MOSL committee
• Organizing a strong chapter
o Social media guidelines
• Chapter elections
• Legislation and political action
• SBOs
• Paperwork and Operational Issues
o UFT/DOE system-wide standards
o Process overview
• Professional Conciliation
Version 1.1
MEMBER'S RIGHTS
•
Time and Attendance
•
Leaves of Absence
•
Investigations/ Due Process/ Arrests
•
Grievances
•
Evaluation
•
Health and Safety
•
Salary
•
End of Year Decisions - (excessing, ratings, seniority etc)
•
Functional Chapters
•
Special Education
•
PROSE Schools
Version 1.1
THE UFT TEAM
The UFT is organized to serve all members of the collective bargaining units. It is at your service. You should
be familiar with the broad range of support services offered by the union and with your borough office, where
full-time staff, district representatives and resource personnel can be reached. They have many years of
experience, can answer questions and will provide useful advice on how to handle problems at the schools.
They are also available for speaking engagements at your school.
UFT OFFICERS are elected directly by the membership every three years. They oversee the functioning of the
organization and implement policies adopted by the Executive Board and the Delegate Assembly. The officers
also serve on the Negotiating Committee and bargain collectively for all members of the bargaining unit. They
consult with the chancellor and other appropriate Department of Education (DOE) representatives on matters of
educational policy and development. They visit schools, respond to members’ problems and inquiries and
bring to the public’s attention vital matters concerning the schools.
The EXECUTIVE BOARD is elected by the membership every three years. It sets policy, subject to the
approval of the Delegate Assembly.
The DELEGATE ASSEMBLY is the highest representative policy-making body of the UFT. It is composed of
delegates who are elected directly by the membership in the schools and functional chapters in the ratio of one
delegate for each 60 members. The chapter leader, by virtue of the office, also serves as a delegate.
DISTRICT REPRESENTATIVES AND SPECIAL REPRESENTATIVES provide service to all of the members
and chapter leaders in the schools for which they are responsible. They handle problems and grievances that
cannot be resolved at the school level. The representatives are a valuable resource to the chapter leaders and
also a source of information. They can be reached at their respective borough offices.
UFT BOROUGH OFFICES are maintained in each borough to serve the members. Full-time staff as well as
PM advisors are ready to assist chapter leaders and members in all kinds of ways – on educational issues;
personnel matters; salary problems; pension consultations; workshops; health and safety matters; chapter
building; grievances; summons for disciplinary hearings, etc. These services are coordinated by a BOROUGH
REPRESENTATIVE, who also acts as the UFT’s chief political representative in the borough.
Some UFT members are organized into FUNCTIONAL CHAPTERS because of their unique roles in the
schools. The functional chapter members usually work under separate contracts. Although they have their own
elected leadership (for example, school counselors, paraprofessionals, school secretaries, psychologists, etc.),
the school chapter leader is responsible for initiating all school-level grievances. Functional chapter members
are a vital part of the school’s chapter and should be a welcome part of the UFT team.
This handbook generally covers pedagogues and paraprofessionals. Contract citations, unless otherwise
indicated, are to the teacher contract.
Version 1.1
Back to table of contentsBack to table of contents
YOU ARE ELECTED
Thank you for taking on this important role in your school. As chapter leader, your job entails
a great many things, but they can all be summed up in one word: LEADERSHIP. That is why
you were elected. Your colleagues know that you can provide leadership and they will be
looking for it.
Leadership is most effective when it is based on teamwork, the cooperation of the UFT
officers, district representatives, chapter leaders, delegates and membership. Each has a vital
role to play.
THIS IS A BIG JOB, SO…YOU’LL NEED HELP. Take UFT weekend training courses for
chapter leaders. They are invaluable. Chapter leader workshops offered during the school
year are also an opportunity to develop your skills.
THE RESPONSIBILITIES OF THE CHAPTER LEADER
As chapter leader, your responsibilities include the following:
• Holding at least six regularly scheduled chapter meetings each year.
• Forming a chapter consultation committee, meeting monthly with the committee and the
principal, and reporting the results of the meeting to the chapter.
• Representing all chapter members in informal resolutions of problems with the
administration and in grievances.
• Involving the chapter with the union by advising members of meetings, programs, rallies
and other activities.
• Attending Delegate Assembly, district and citywide chapter leader meetings and divisional
meetings where the concerns of the chapter can be transmitted.
• Explaining VOTE/COPE to the members and collecting VOTE/COPE checkoff cards.
• Explaining the union’s positions to members.
• Providing for informal resolution of problems between members.
• Serving as a resource for members about pensions, health coverage and other matters.
• Providing regular communications to chapter members (emails, electronic or print
newsletters) and maintaining the UFT bulletin board.
• Working with the district representative and other union representatives.
Version 1.1
Back to table of contentsBack to table of contents
• Inviting union speakers into school regularly: officers, staff, the district representative,
Welfare Fund speakers and pension experts.
• Contacting and lobbying politicians.
• Registering members to vote.
• Working with parent groups.
• Taking the lead in seeking to ensure that the health, welfare and rights of members are
protected.
• Disseminating UFT materials via members’ mailboxes and/or electronically.
• Conducting letter-writing campaigns and other union activities.
• Attending training sessions in order to serve the members better.
• Distributing Welfare Fund forms.
• Protecting the confidentiality of all members.
• Involving newer members and members of functional chapters in the life of the school
chapter.
• Ensuring that the negotiated contracts are enforced and implemented at the school
level, and that UFT members’ rights and benefits are protected.
• Leading the chapter in discussion, development and implementation of educational
policies in the school in accordance with union policy.
• Functioning as the chapter’s historian, keeping records that need to be handed down.
Version 1.1
Back to table of contents
The chapter leader should do these things in the first few months of the school year.
Introduce yourself to anyone new to your school. Make sure your new people are
enrolled in the union.
If you are brand new as chapter leader, consider meeting one-to-one with your
principal to discuss your new relationship. You may want to do this even if you aren’t
new as a way to start fresh for this school year.
Make sure TEACHERS know they have two school days to file a reorganization
grievance.
Hold a short union meeting to welcome everyone back and to set the tone. This is a
good time to survey people about how they would like you to communicate with them,
when is the best time for union meetings, etc. and to collect NON-DOE email
addresses from everyone. You might set a schedule for union meetings for the rest of
the year at this time.
Send a copy of your school’s bell schedule and your UFT periods to your DR.
Gather important documents :
• Organization sheet
• Teacher programs
• Class size data:
o RACLs for elementary and middle schools
o Master schedules for high schools (room grid as well)
• Seniority excessing list
• School-based options (SBOs) for the current year
Form a consultation committee and schedule a meeting for September with your
principal. Ideally, you should set your monthly consultation for the year (first Thursday
of the month, for instance) and schedule earlier rather than later in case of
emergency cancellations.
Submit your September consultation summary online
Version 1.1
Back to table of contentsBack to table of contents
Responsibilities & Rights of Chapter Leaders
Start-of-School To Do List
Important meetings to schedule
•
UFT consultation committee
•
Safety committee
e Professional development committee
•
MOSL committee
•
School Leadership Team (SLT)
•
Whole chapter union meetings
Important documents to collect and file
•
Organization chart/sheet
•
Teacher programs and room assignments
•
Non-teaching assignments
•
Class size data (RACL or Master Schedule Final)
•
Seniority lists
" Official circulars
Job postings
" Approved SBOs
o Safety plan
•
SLT bylaws
•
Budget and any
modifications
Other suggestions
•
Develop a UFT member contact list with phone numbers and non-DOE
email addresses.
•
Survey your chapter to find out what they are interested in learning more
about and then request union speakers for topics such as certification,
pension, the Welfare Fund and special education.
Updated: 2021
Version 1.1
Back to table of contentsBack to table of contents
UFT Members Represented by Chapter Leaders in School
• Teachers
• Paraprofessionals
• School Counselors
• Psychologists
• Social Workers
• Secretaries
• Occupational Therapists
• Physical Therapists
• School Nurses
• Attendance Teachers
• ‘F’ Status
• Substitutes
• Lab Specialists
Version 1.1
Back to table of contentsBack to table of contents
Rights & Responsibilities
of Chapte
r Leaders
Article 19 – Union Activities, Privileges and Responsibilities
A.
Restriction on Union Activities
No teacher shall engage in Union activities during the time he/she is assigned to teaching
or other duties, except that members of the Union's negotiating committee and its special
consultants shall, upon proper application, be excused without loss of pay for working
time spent in negotiations with the Board or its representatives.
B.
Time for Union Representatives
1.
Chapter leaders shall be allowed time per week as follows for investigation of
grievances and for other appropriate activities relating to the administration of the
Agreement and to the duties of their office:
1.
In the elementary schools, four additional preparation periods.
2.
In the junior high schools, and in the high schools, relief from professional
activity periods.
In the junior high schools, chapter leaders shall be assigned the same
number of teaching periods as homeroom teachers.
3.
The Union shall inform the Board each school year of the UFT chapter
leaders in large high schools who shall be relieved of one teaching period
per day to perform the duties and responsibilities of their chapter leader
positions. The Union shall reimburse the Board for each such chapter
leader who is so relieved at the rate of twenty percent of the total employer
cost of an entry level teacher, as more fully set forth in a separate
memorandum between the parties.
4.
In addition to their other responsibilities, the duties and responsibilities
referred to herein
specifically include those associated with the implementation of
contractual provisions and Board policy encouraging greater involvement of
UFT-represented staff in various professional initiatives.
It
is expected that
UFT chapter leaders will play a vital role in
implementing these
initiatives.
5.
In those special education schools, buildings or sites formerly known as the
special day schools, day treatment centers and institutional settings, two
additional preparation periods.
6.
The Chapter Leader of the Teachers Assigned, Education Administrators and
Education
Analysts/Officers Chapter shall be allowed one-day per week for the
investigation of
grievances of employees covered by this Article, and for
other appropriate activities relating to the administration of this Agreement
and to the duties of his/her office.
7.
Consistent with the needs of the school program, the principal in consultation
with the
school's chapter leader will arrange to provide appropriate space and
facilities (including but not limited to a desk, file and chairs) for the use of
the school's chapter leader in carrying out the functions of the office.
8.
District representatives and Union officers who are assigned to schools shall
Version 1.1
Back to table of contentsBack to table of contents
Rights & Responsibilities
of Chapter Leaders
Article 19 – Union Activities, Privileges and Responsibilities
teach one period per day and shall be excused after their teaching period.
They shall also be relieved of
all homeroom and official classes.
9.
The Union will reimburse the Board at the applicable coverage rate per
period for the loss of
three teaching periods each day for district representatives and Union
officers.
C.
Leaves of Absence for Union Officers
Employees who are officers of the Union or who are appointed to its staff shall, upon
proper application, be given a leave of absence without pay for each school year during
the term of this Agreement for the purpose of performing legitimate duties for the
Union. Employees given leaves of absence without pay shall receive credit toward
annual salary increments on the schedules appropriate to their rank. The
Board agrees
to recommend to the Teachers' Retirement Board that the time spent on leave of
absence pursuant to this section be granted as service credit for retirement purposes
and that the employees receiving such leave of absence be permitted to pay regular
monthly contributions based upon their earnable salaries as members of the teaching
staff for the period of such leave.
No more than 32 leaves of absence without pay shall be granted for each school year.
Effective September 2, 2014, the number of leaves of absence without pay shall
increase by eighteen (18). The UFT agrees to pay the cost of the Board's pension
contributions and FICA taxes for
individuals on these eighteen (18) additional leaves.
The UFT shall provide the Office of the Chief Executive Officer of the Division of Human
Resources with the names of those individuals applying for leaves.
D.
Exclusive Check-Off
The Board will honor, in accordance with their terms, only such written authorizations as
are properly executed by employees in the unit covered by this Agreement for the
deduction of their dues in behalf of
the Union.
The Board will honor individual written authorizations for the deduction of Union dues in
accordance with their terms, including authorizations stating that they are irrevocable
until the following June 30 and automatically renewable for another year unless written
notice is given to the Board between June 15 and
June 30.
E.
Agency Fee Deduction
The Board shall deduct from the wage or salary of employees in the bargaining unit
who are not members of the UFT the amount equivalent to the dues levied by the UFT
and shall transmit the sum so
deducted to the UFT, in accordance with Section
208(3)(b) of Article 14 of CSL. The UFT affirms it has adopted such procedure for
refund of agency shop deduction as required in Section 208(3)(b) of Article 14 of CSL.
This provision for agency fee deduction shall continue in effect so long as the UFT
Version 1.1
Back to table of contentsBack to table of contents
Rights & Responsibilities of Chapter Leaders
Article 19 – Union Activities, Privileges and Responsibilities
establishes and maintains such procedure.
The Union shall refund to the employees any agency shop fees wrongfully deducted
and transmitted to
the Union.
The Union agrees to hold the Board harmless against claims arising out of the
deduction and transmittal of agency shop fees where there is a final adjudication by a
court or arbitrator or by PERB that said agency shop fees should not have been
deducted and/or transmitted to the Union.
The agency shop fee deductions shall be made following the same procedures as
applicable for dues check-off, except as otherwise mandated by law or this Article
of the Agreement.
F.
Bulletin Boards
1.
At least one bulletin board shall be reserved at an accessible place in each
school for the exclusive use of the Union for purposes of posting material dealing
with proper and legitimate Union business.
2.
A bulletin board shall be provided at an accessible place in the bureau office for
the exclusive use of the homebound teachers chapter leader for purposes of
posting material dealing with proper and
legitimate Union business.
G.
Chapter Meetings
Upon request to the head of the school, the school chapter shall be permitted to meet
within the school under circumstances which will not interfere with the instructional
program. Such meetings may be held only during the lunch period or before or after
school hours, at a place to be assigned by the head of the school, where other teachers or
children are not present. Union officials may attend such meetings.
H.
Consultation with the Union
1.
The Chancellor or his/her designated representative shall meet and consult once
a month during the
school year with representatives of the Union on matters of
educational policy and development and on other matters of mutual concern.
2.
The community or high school superintendent shall meet and consult once a
month during the school year with representatives of the Union on matters of
educational policy and development and on other matters of mutual concern.
3.
The head of the school and the school chapter committee shall meet once a
month during the
school year to consult on matters of school policy and on
questions relating to the implementation of this Agreement.
4.
A Union designated committee of teachers of library will meet once a month during
the school
year after school hours with the head of the Office of Media and
Telecommunications on matters of
policy involving the professional interests of the
teachers of library.
Version 1.1
Back to table of contentsBack to table of contents
Rights & Responsibilities of Chapter Leaders
Article 19 – Union Activities, Pr
ivileges and Responsibilities
5.
A Union designated committee of special education teachers will meet with the
assistant superintendent for Citywide programs or his or her designees, who may
not be a teacher covered by this Agreement, once a month during the school year
after school hours to consult on matters involving the professional interests of the
teachers. Meetings for teachers of the "400" schools will be with the person
designated to supervise such schools.
6.
The Board and the Union will consult on the special needs of the multiple
handicapped pupils in
schools for the deaf.
7.
The Board and the Union shall establish a committee to review and consider
issues raised by the
Union relating to contracting-out of bargaining unit work.
8.
The parties shall establish a labor-management committee, to be known as the
"Implementation Committee," that will meet periodically, and at the end of each
school year, to review and discuss the efficacy and success of the Lead Teacher
program including whether Lead Teachers are being utilized consistently with the
goals of the Lead Teacher Program.
I.
Information to the Union
1.
Lists of vacancies and any lists which may be established by the community school
district or by
the central board showing seniority of the teachers for purposes of
implementing provisions of this Agreement shall be made available to the Union.
In individual cases specific information as to
seniority will be made available to the
Union upon request.
2.
Copies of all official Board circulars and directives shall be sent to the Union.
3.
Available class statistics and other information necessary for implementation of
the contract shall be furnished annually to the Union, and semiannually in the
case of high schools organized on a
semiannual basis.
J.
Information at the School
1.
All official circulars shall be posted on school bulletin boards for the inspection
of teachers and
shall be made available to teachers on request.
2.
Specific information as to the rotation of assignments, or as to seniority in the
school will be made
available by the principal upon the request of a teacher.
3.
A copy of current teaching and non-teaching assignments will be posted in each
school and will also be given to the chapter leader.
4.
Copies of annual financial statements and audits of school monies shall be posted
on school bulletin boards and made available to chapter leaders.
5.
The chapter leader shall have access to such school information as may be
necessary to the
performance of his/her duties, including teacher programs,
room assignments, and allocation of
non-teaching time.
6.
A copy of teacher assignments shall be given to the chapter leader of the
homebound teachers chapter upon request.
Version 1.1
Back to table of contentsBack to table of contents
Rights & Responsibilities of Chapter Leaders
Article 19
– Union Activities, Privileges and Responsibilities
K.
Political Check-Off
The Board will arrange for voluntary payroll deduction contributions for federal political
contests in
accordance with Title 2, Section 44lb of the U.S. Code.
Version 1.1
Back to table of contentsBack to table of contents
Rights & Responsibilities
of Chapter Leaders
Article Eight (8C) – Education Reform
C. School Allocations
Before the end of June and by the opening of school in September, to involve faculties and
foster openness about the use of resources, the principal shall meet with the chapter leader
and UFT chapter committee to discuss, explain and seek input on the use of the school
allocations. As soon as they are available, copies of the school allocations will be provided
to the chapter leader and UFT chapter committee.
Any budgetary modifications regarding the use of the school allocations shall be discussed
by the principal and chapter committee.
The Board shall utilize its best efforts to develop the capacity to include, in school
allocations provided pursuant to this Article 8C, the specific extracurricular activities
budgeted by each school.
The Board (“Department”) shall provide to the Chapter Committee and Chapter Leader in
school the School Leadership Team (SLT) view of the Galaxy Table of Organization. This
shall be supplied before the end of June each school year and again by the opening of
school in September of each school year.
In addition, should there be any budget modification regarding the use of school
allocations, these shall be discussed by the Principal and Chapter committee. In
order to facilitate such discussion, the modifications shall be provided to the Chapter
Committee.
Version 1.1
Back to table of contentsBack to table of contents
Enhanced Rights at the School Level
If the chapter leader and/or consultation committee raises one of the
following issues to administration and it is not resolved within five schools
days, then the issue may get expedited to the district committee by the DR.
Paperwork
Curriculum
Professional Development
Basic Instructional Supplies
Workload Physical
Space
More Information:
• Operational Issues Process Overview
• Agreement for 2021-22 School Year
Version 1.1
Back to table of contentsBack to table of contents
COMMITTEES
Committee What is it? Who attends? When are the meetings?
Consultation
Committee
Committee meets with
the principal to discuss
any school-wide issues.
Contract - Article 19H
Chapter leader
chooses members that
represent the school
(usually 3 members).
Chapter leader leads
the meeting.
Once a month (during
lunch or
before or after school).
*The committee should
also meet alone
beforehand to plan for
the meeting.
School Leadership
Team (SLT)
The SLT writes the
school’s goals, called
the Comprehensive
Education Plan (CEP),
and ensures that the
budget is aligned to
meet those goals.
Chancellor’s
Reg A-655
(NYS Education Law)
Mandatory members:
Principal, PTA
president,
chapter leader
(or their designees).
Other members:
parents, and staff
(UFT and others), that
get elected by their
own groups, and
students (HS).
10-17 members total
Once a month,
should be at a
convenient time for
parents.
*Members receive a
remuneration of $300 if
they attend at least 30
hours of meetings,
and attend an SLT
training
(UFT members can’t
receive this if the
meetings are held during
the workday).
School Safety
Committee
Committee develops the
school safety plan,
which explains security,
emergency procedures,
student discipline, etc.
Chancellor’s Reg A-414
Principal, chapter
leader, custodian,
school safety agent,
PTA president, etc.
Once a month, usually
during
the school day.
(Can be on UFT period
or given coverage)
Contract - Article 10B
Version 1.1
Back to table of contentsBack to table of contents
Professional
Development
Committee (PD)
Committee meets to plan
and review what is done
during the 80 minutes of
PD time.
(Contract)
Chapter leader and
principal, and they
each select equal
number of members
Clerical day in June,
portion of the time
before students start
in the fall, during
Other Professional
Work time on
an as-needed basis
MOSL Committee
Committee selects the
assessments the
school will use for
MOSL.
(Contract)
8 total;
chapter leader and
principal each choose
four
(themselves included
if they choose)
Meet in the first few
weeks of school to
determine assessments
for APPR
Version 1.1
Back to table of contentsBack to table of contents
CHAPTER MEETINGS
How to have an effective chapter meeting
Sample chapter meeting notice
Chapter meeting guide
Possible speaker ideas
Version 1.1
Back to table of contents
How to have an effective chapter meeting
Develop an agenda with your membership team and stick to it.
Include school-based issues and union-wide issues.
Include issues relevant to all members you represent.
Hold a meeting at a time that is convenient for your members.
Announce the meeting in advance.
Start the meeting on time.
Leave time for questions.
Allow all participants to speak and try to avoid allowing one
person to dominate.
Have something for members to walk away with, if possible
(fliers, info sheet, article).
Have union meetings monthly to every 6 weeks, roughly the
same time of the month to create a routine.
Invite union reps in as guest speakers (DR, pension, Welfare
Fund, etc.).
Provide refreshments (chapter leaders get a stipend that can
be used for this, and/or members can bring snacks to share).
Consultation committee members should attend and keep
track of issues raised here so that an agenda for Consultation
can be created.
Version 1.1
Back to table of contentsBack to table of contents
MODEL NOTICE OF CHAPTER MEETING
Dear chapter members:
There will be a chapter meeting on:
Date:
Time:
Place:
Oct. 1
12:00 – 1:00 p.m.
Staff cafeteria
A G E N D A
I. Reports from the chapter leader, delegate, and UFT
committee liaisons
II. Minutes of the UFT Consultation Committee Meeting with the principal of
September 28
th
(to be distributed)
III. New Business:
A. Suggestions for October’s consultation meeting
B. School safety
C. New teacher outreach
D. Miscellaneous
Bring your lunch; coffee and cake will be served.
I am looking forward to seeing you there.
A. Feiter
Chapter leader
Version 1.1
Back to table of contentsBack to table of contents
Holding a chapter meeting
Before the meeting – Select the day and the time that is most convenient. You may meet
before or after school or during the lunch period. The principal must assign a place at your
request. (See Agree. Art. 19G.)
Holding a monthly meeting – Many teachers and other members do not know what the
union is doing. They may not know of our court victories, legislative action, committee work
but they will know that the UFT members are meeting in the school. They will respect the
time, effort and energy given by the UFT members. They will attend these meetings when the
issues are of interest to them. Make sure there is plenty of advance notice and plenty of
publicity. Use UFT bulletin boards and email, and also leave a personal invitation in every
UFT member’s mailbox, including that of the counselors, secretaries, paraprofessionals, etc.
Arrange for a last-minute reminder by note or in person by a designated representative.
Advertise the topics or main topic of the meeting, e.g., letter-writing campaigns, legislation, a
specific bill, outside speaker, etc. Prepare an agenda for the meeting (see model on next
page).
At the meeting you may want to do the following:
• Introduce new members and guests.
• Read minutes of the previous meeting.
• Hear reports from members who have attended Delegate Assembly and UFT committee meetings.
• Discuss last month’s consultation meeting with the principal and ask for new items for the next
consultation.
• Proceed to the main items on the agenda.
• Leave time for items that members may wish to add to the agenda.
• Announce date and time for the next meeting; establish committees to work on unresolved
problems.
Version 1.1
Back to table of contentsBack to table of contents
Remember – you are not alone
Union officers and staff are ready and able to visit many schools throughout the school year
to speak at chapter meetings.
President’s Office – Michael Mulgrew or one of his highly informed staff members can visit
your school to discuss current topics.
Vice presidents – UFT vice presidents each have an area of expertise and responsibility in
addition to overall union duties. These are: elementary schools, middle/junior high schools,
academic high schools, career and technical education high schools, special education and
educational issues. You can invite a vice president to visit your school and speak on a variety
of subjects. Arrange a visit through the individual vice president’s office.
Other officers – Feel free to invite any officer to speak at meetings in your school. Arrange
visits through the individual officer.
District representatives/special representatives – You should invite your district or special
representative to speak at a chapter meeting during the year. She or he can also make her-
or himself available for informal visits to meet with small groups. Your district/special
representative can also be invited to meet teachers individually to discuss current issues and
problems. Arrange a visit through the UFT borough office.
Borough representatives – Your borough representative can also visit your school for
general visits, or to respond to specific situations. Arrange a visit through your borough office.
Paraprofessionals – One of the leaders of the Paraprofessional Chapter will be happy to
come to your school and speak about current union issues. Other members are always
welcome to sit in on these meetings. Arrange a visit through the Paraprofessional Chapter.
Special education – A member of the Special Education Department can discuss with your
faculty any phase of special education from the point of view of the special education teacher
and/or the regular teacher. Arrange a visit through the UFT Special Education Department.
Certification speaker – The UFT Certification Services Department tracks all the changes in
teacher certification requirements and trains a team of UFT consultants and educational
liaisons. They, in turn, offer workshops in schools or UFT borough offices and respond to
teachers’ questions in person, by telephone and via email.
Pension speaker – A union expert on pensions can come to explain how our pension system
and the pension tiers work, and can also provide an overview of the union’s efforts to protect
our pension in the legislative arena. Arrange a visit through your borough office.
UFT Welfare Fund – The Welfare Fund has a program that can bring a speaker to your
school for a presentation that outlines the basic health programs and benefits available
through the UFT Welfare Fund. To schedule a visit, write to the program coordinator at the
UFT Welfare Fund.
Version 1.1
Back to table of contentsBack to table of contents
Dial-A-Teacher – You can have someone from Dial-A-Teacher visit your school to discuss
this exciting homework assistance program or help with parent outreach. Write to Dial-A-
Teacher. We also have parent liaisons in each UFT borough office to help with parent
outreach.
Committee on Political Education (COPE) – Have a COPE representative visit your
school to explain where your COPE dollars are spent and why. Arrange a visit through your
borough office.
UFT Press Office – You can have a representative from our UFT Press Office explain how
we educate the public on various issues through media relations and advertising. Arrange a
visit through the UFT Press Office.
Political action, grievance information, personnel policies, parent participation, as well as any
other topic, can be covered by one of our staff members at a meeting.
Reminder: Speakers should be invited to address chapter meetings, but not every meeting
should be turned over to an invited speaker since the chapter needs time to consider its own
problems and initiatives.
–
Version 1.1
Back to table of contentsBack to table of contents
CONSULTATION COMMITTEE
Introduction
Levels of consultation chart
Consultation guide
Standing consultation topics
Sample consultation topics calendar for elementary and middle schools
Sample consultation topics calendar for high school
Supporting documents
Creating buy in
Graphic organizer
School budget guide
Allocation Memos
• Memo 5 - Surplus Rollover
• Memo 10 - Title 1
• Memo 8 - Early grade class size reduction
• Memo 6 - Contracts for Excellence
• Memo 51 - Attendance teacher
Curriculum and paperwork standards
General provisions as to the grievance procedure.
Version 1.1
Back to table of contents
Time & Attendance
Updated: 2019
Principals are required to meet with UFT chapter committees once a month.
Article 19H3 of the DOE-UFT contract states, "The head of the school and the school
chapter committee shall meet once a month during the school year to consult on matters of
school policy and on questions relating to the implementation of this Agreement.”
School consultation empowers members of a chapter to discuss and resolve issues at their
school. It empowers members of functional chapters to discuss and resolve chapter issues
with their supervisors.
There are also consultation committees at the district level and the chancellor's level.
• Download a guide to setting up and maintaining a consultation committee »
• Download a guide to filing a consultation committee report online »
Consultation Committee
Version 1.1
Back to table of contents
Back to Consultation
Consultation Committee
Levels of Consultation
Chapter
Consultation
•School-level issues
•Consultation summary, submitted via the online form in the Chapter Leader
Hub, shared with members, district rep, and UFT headquarters
•Data report of all schools aggregated by UFT headquarters
District
Consultation
•Unresolved school-level issues, district-wide issues
•Consultation s
ummary, submitted via online form, to chapter leaders, to borough
rep, to UFT headquarters
•Data report of all districts aggregated by Central UFT
Borough
Staff Meeting
•Borough rep and district reps review consultation summaries of district-level
consultatio
ns
•Each borough chooses issues "ripe" for escalation to chancellor-level
Chancellor's
Consultation
•Issues/cases escalated by the boroughs
•Citywide issues arising from the aggregate data
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
School/Functional Level Consultation – for Chapter Leaders
Protocols and Procedures
Rationale and Strategies
Create your Consultation Ccmmittee:
• At least 3 members (representative of
as many titles as possible, i.e.
teachers — upper grade, lower grade,
special ed, department heads and
cluster, paraprofessionals, etc.)
• Ask specific members or take
volunteers (not all volunteers have to
be on your committee — you need to
choose people you can work with).
• If there is a lack of interest or
involvement, propose that members
serve on the committee for one to
three months or for specific topics/
issues. This will likely increase the
likelihood of someone being able to
participate and many more
participating throughout the year.
-Choosing a variety of members ensures that
there is representation from different
constituency groups from across the school.
-Choosing members for your committee gives
them voice in their school and union.
-Discussing your rationale of choosing your
committee fosters trust and transparency.
-Rotating committee members addresses the
concern about taking too much of the member’s
time/too much of a commitment and promotes
participation in the process.
Have a regularly scheduled meeting:
• Set a specific date for each month for
the meetings (this should be done
during your first meeting).
• The meetings should be at mutually
agreed upon times (before or after
school, lunch).
-There is going to be a calendar at the school,
district and chancellor consultation. Unresolved
issues at the school and functional level drive the
agenda of district consultation, and the same
goes for issues from the district driving the
agenda for Chancellor’s consultation.
-Setting the dates ahead of time may deter
cancellations and rescheduling by principal.
-Confirm schedule and meetings in writing. Send
calendar invites via email.
-Consultation cannot be held during instructional
time.
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
School/Functional Level Consultation – for Chapter Leaders
Before meeting with the principal:
• The committee meets for pre-
consultation to develop an agenda
prior to meeting with the principal.
Committee members gather issues in
various ways before the pre-meeting
(through chapter meetings, staff
outreach, etc.).
• Issues discussed should be universal,
NOT individual.
• The committee should prioritize all
issues and come up with possible
solutions. The most pressing issue
should be first on the agenda.
• Decide who will speak about which
item and how it will be
discussed/points to make.
• Select who will write the Consultation
Summary (not the chapter leader). The
chapter leader should take notes as
well but not be the primary note taker.
Discuss what the notes should
include/what form they should take.
• Email the agenda (as specific or
general as you wish) to the principal
prior to the meeting (at least 24 hours
ahead of time).
• At the time you email the agenda, ask
the principal to bring an updated copy
of the budget.
-It’s important that the principal can prepare for
the meeting and avoids the “I’ll get back to you
after I look into it” comments.
-The committee needs to make a strategic
decision about how much information is best for
each situation. Keep in mind which topics are
more volatile, and don’t give the opportunity for
interrogation of members.
-Anticipate how the principal will respond, and
plan how the committee will react. (How will you
respond to “no,” anger/hostility, apathy?)
-Even if time does not permit discussing the
budget, you still want to be able to look at it on
your own time.
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
School/Functional Level Consultation – for Chapter Leaders
Meeting with the principal:
• Choose the location (not the
principal’s office if possible).
• At first meeting, establish norms
(
chapter leader facilitates, members
speak on different agenda items,
Consultation summary is taken, etc.).
• Have contractual proof of items being
requested if necessary.
• Have data when possible (data might
just be a percentage of affected
teachers).
• Cite Chancellor’s Regulations when
necessary and appropriate.
• You may choose to fill in the online
consultation summary form during or
after the meeting.
• Chapter leader makes sure the
meeting stays professional.
• Raise operational issues with
proposed solutions
-A conference room or common space is more
neutral than the principal’s office.
-Establishing norms makes for smooth meetings in
the future.
-If you can show why the issue is of concern based
on the contract or other policy documents, it
should make the resolution much easier.
-Be able to cite specific examples of the matter of
concern so that follow up is possible. Not having
this delays the outcome you want.
-Explain that the consultation summaries are
submitted to the UFT.
-Telling the principal that you are filling out the
consultation summary during the meeting can be
used as leverage and may expedite the
resolutions.
-You need to be mindful of relationships that
extend beyond the individual meeting
(relationship with principal and committee
members).
-Reminding the principal they have 5 days to
resolve operational issues should be used a point
of leverage.
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
School/Functional Level Consultation – for Chapter Leaders
After the Meeting:
• Distribute consultation summary to
staff and administration via mailbox or
mail. (The summary DOES NOT have
to be approved. This is different from
the SLT minutes.)
• Post a copy of the consultation
summary on the UFT bulletin board.
• Discuss consultation at your next
chapter meeting. Make sure the
chapter knows that its issues have
been raised
• Maintain a copy of the consultation
summary to refer to at the next
monthly meeting for follow up.
• Complete and submit the online
operational issues report for any
operational issues raised.
- Chapter leader makes sure that the summary is
objective and factual.
- Distributing the summary makes sure everything
is consistent — everyone sees the same thing.
- Keeping a copy of the summary allows you to
reference the unresolved issues at future meetings
or between meetings.
- Posting the summary and discussing the meeting
brings members into the process, shows their
concerns are being addressed and creates interest
in the process.
- The online operational issues report will
document the start of the five-day timeline for
resolution.
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
Standing Items
Standing Items for Consultation
• Contract Implementation (budget, programming, professional periods,
postings, committees)
• Curriculum
• Professional development
• Paperwork and Other Professional Work
• Evaluation
• Safety and bui
lding cleanliness
• STARS/Report cards/Progress reports
• School-Based Options
• New teacher concerns/Tenure
• Special education
• ESL/ENL
• Functional chapter issues (paraprofessionals, secretaries, school
counselors, etc.)
• School culture and staff morale/Communication
• UFT initiatives
• Other
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
Elementary/Middle School Monthly Consultation Committee Topics
September/October
Teacher evaluation/Observations
(APPR)
Discuss existing per session
positions
Article 19 provisions (teachers’
schedules and room assignments,
time for UFT responsibilities
Ask admin to determine and inform
the staff of deadlines for progress
reports, etc.
Compliance – class size and SPED
Discuss upcoming per session
postings
Teachers’ schedules
Student Removal Plan & SAVE Room
Set dates for future consultation
meetings
Budget
Status of committees – PD, MOSL,
SLT, safety, paperwork reduction
(SSC – campus schools)
Set calendar for the year
Report card due dates
November/December/January/February
Staff Concerns
Upcoming per session postings
Paperwork
Professional Development
Staff morale
Budget
March
Staff concerns
Budget
Potentially schedule additional time
for April and May meetings to
accommodate increase of agenda
items
April
Staff concerns Discuss Circular 6 menu
SBOs
Preference sheets
Possible comp time positions Postings (e.g. cluster, ICT and SETTS)
May
Staff concerns Postings (e.g. Cluster, ICT and SETTS)
SBOs
Postings for summer and/or fall
Possible comp time positions
June
Staff concerns Future budget allocations
Professional development
Postings for summer and/or fall
Reorganization
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
High School Monthly Consultation Committee Topics
September/October
• Programming & Class Sizes
• Extracurricular Activities and Clubs
• Per Session
• Attendance Plan
• Teacher Evaluation/Observations
November/December
• Assessment & Modifications to Professional
Development
• Regents and Assessment Procedures and Grading
January/February
• Programming & Class Sizes
• Morale and Educator Appreciation Events
• Student Recruitment and Articulation
• Future Planning
March/April
• Circular 6R Assignments
• Compensatory Time Positions
• SBOs
• Planning for Next Year
May/June
• Teacher Program
Preferences
• End-of-Year Concerns
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
Supporting Documents
DISRUPTIVE STUDENTS .............................................................................................................................
Chancellor’s Regulation A 443
Office of Youth and Development: Overview of Removals and Suspensions
Summary of SAVE Legislation Components
Student Removal Form
UFT/Safety Discipline Form
Student Removal Plan: Questions to Consider
UFT School Safety Complaint Form
PER SESSION ............................................................................................................................................
Chancellor’s Regulation C-175
LESSON PLANS..........................................................................................................................................
Collective Bargaining Agreement – Article 8E
Clarification on Lesson Plans – Joint Letter: Mulgrew/Fariña
Special Circular No. 28, 1990-91
Grievance Decision: Lesson Plan Collection
Grievance Decision: UI Lesson Plans
COVERAGES...............................................................................................................................................
Collective Bargaining Agreement – Article 7N6 & 7N9
Collective Bargaining Agreement – Article 7N1, 7N4-5
Collective Bargaining Agreement – Article 8G3d (New Teachers Only)
EXCESSIVE PAPERWORK ...........................................................................................................................
Collective Bargaining Agreement – Article 8I
Collective Bargaining Agreement – Article 6B
Paperwork Reduction Standards
OBSERVATIONS AND EVALUATIONS ..........................................................................................................
Advance Guide for Educators
Collective Bargaining Agreement Article 8J
Chief Executive Memorandum #80 (S/U)
SUPPLIES...................................................................................................................................................
Collective Bargaining Agreement – Article 7R
Collective Bargaining Agreement – Article 7S
PARENT ENGAGEMENT .............................................................................................................................
Collective Bargaining Agreement – Article 6B
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Committee
Create Buy-In
How do I create buy-in from chapter members?
Make sure everyone knows it’s about moving the school forward:
• Encourage members to bring issues forward that affect them
professionally (validate members even if topic is not appropriate for
consultation (suggest alternate process if possible)
• Consistently highlight “wins” from consultation to make sure
members know the team is helping resolve issues
Determine short-term and long-term goals:
• At chapter meetings, discuss school issues and prioritize list together
• Decide as a group
what the short-term and long-term goals are
• Each month, review the lists and adjust plan
• Solicit ideas from participants
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
Consultation Graphic Organizer
Agenda
Topic
Explain Issue
Committee’s Proposed
Resolution(s)
Principal’s
Anticipated
Response(s)
Committee’s
Response/
Next Steps
Possible Next Steps: Operational complaint, Contact DR, Grievance, Organize members, Follow-up w/principal, Resolved
Version 1.1
Back to table of contents
Back to Consultation
SCHOOL ALLOCATION MEMORANDUM NO. 05, FY09
DATE: May 22, 2008
TO: COMMUNITY SUPERINTENDENTS, INTEGRATED SERVICE CENTERS
AND SCHOOL PRINCIPALS
FROM: Susan Olds, Executive Budget Director
SUBJECT: FY08 Surplus Rollover
The FY08 Surplus Rollover program allowed schools that had generated surpluses in select
allocation categories to transfer these surpluses into their FY09 budgets. A school could roll over
the entire balance in the allowable rollover allocation categories (please see Appendix A). All ISC
and CFN schools, district 75 schools (Citywide Special Education) and district 79 programs
(alternative high schools) which met the eligibility requirements listed below were allowed to
participate in the program.
Surplus Rollover Criteria
Schools could participate in the FY08 Surplus Rollover Program if they met all of the conditions
listed below:
No allocation categories were over-scheduled. Schools were held accountable for any allocation
category overscheduled by more than $100. Exempt allocation categories included TL Summer AC
and ASA HH. Please note that schools were responsible for covering costs associated with deleted
per-session bulk jobs that were automatically restored to their tables of organization to cover costs
due to a lag in payroll postings.
Per session budgets were greater than or equal to expenditures. The sum of per session bulk job
balances for each
, tax levy and reimbursable funded ACs, was positive. Tax levy and reimbursable
ACs were not combined for the purpose of evaluating this criterion. Therefore, tax levy balances
must have been greater than or equal to zero and reimbursable balances must have been greater than
or equal to zero. When the criterion is evaluated in October, the overtime budget and
commitments will be evaluated in combination with per session.
Total combined prep period and per diem budgets were greater than or equal to expenditures
. The
sum of per diem and prep period coverage bulk job balances for each,
tax levy and reimbursable
funded ACs, was positive. Tax Levy and reimbursable funds were not
combined for the purpose of
evaluating this criterion. Therefore Tax levy balances must have been greater than or equal to zero
and Reimbursable balances must have been greater than or equal to zero.
JOEL I. KLEIN, Chancellor
OFFICE OF THE CHIEF FINANCIAL OFFICER
52 Chambers Street, New York, NY 10007
Consultation Committee
Updated: 2020
Version 1.1
Appendix E – Sample School Allocation Memo on FY Surplus Rollover
Back to table of contents
Back to Consultation
2
OTPS budgets were greater than or equal to OTPS expenditures. The sum of OTPS balances
for each, tax levy and reimbursable funded ACs, was positive. Tax levy and reimbursable funds
were not combined for the purpose of evaluating this criterion. Therefore Tax levy balances must
have been greater than or equal to zero and Reimbursable balances must have been greater than or
equal to zero.
No “people without jobs” in active status as of February 25, 2008, remained without jobs in the
school on March 20, 2008, and none remain at the end of the fiscal year on June 30, 2008.
No “B-segments” were scheduled in the ASA for Hold Harmless allocation category. Exempted
from this criterion are all Hold Harmless items with the following reason codes: “long-term
absence”, “pending line-of-duty injury”, or “reassigned pending investigation.” B-segments are jobs
scheduled in Galaxy which have an end date prior to the current date. For example, on March 10,
2008, B-segments are all jobs with end dates through March 9
th
. When schools are evaluated next
October on this criterion for their budget status as of June 30, 2008, any job with ASA Hold
Harmless funding-- except those with the above reason code exemptions -- regardless of end date,
will constitute a criterion failure and will result in a reduction to the remaining 50% payment.
No funds are scheduled at the end of the year in ASA for Anticipated Allocations. This condition
will only be implemented next October when schools are evaluated on their budget status as of
June 30, 2008.
No rolled open encumbrances from FY07 remain on the school’s Table of Organization. This
condition will only be implemented next October when schools are evaluated on their budget
status as of June 30, 2008.
No funds were scheduled in the “ASA Centrally Funded Excess Staff” allocation category.
No add discrepancies (people with jobs not on the TO) in active status as of February 25, 2008
remained as a discrepancy on March 20, 2008 (and none remain at the end of the fiscal year).
No funds are scheduled in the “ASA Return from Reassignment” allocation category as of June 30,
2008. This condition will only be applied in October when schools are evaluated on their
budget status as of June 30, 2008.
No person scheduled in the “ASA Returns from Leave
” allocation category in active status as of
February 25, 2008 remained scheduled in the allocation category on March 20, 2008, and no funds
are scheduled at the end of the fiscal year on June 30, 2008.
No funds are scheduled in the “ASA Returns from Charges or Stipulations” allocation category as
of June 30, 2008. This condition will only be applied in October when schools are evaluated on
their budget status as of June 30, 2008.
Where charges in a school needed to be paid by another location, schools must have ensured that
ISCs moved allocations where appropriate.
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contents
Back to Consultation
3
Allocation Procedure
Fifty percent of the funds rolled over will be added to the school’s initial allocation for FY09. The
remaining fifty percent of rolled funds will be released to schools once DBOR staff verifies that
schools ended FY08 passing all of the aforementioned financial conditions. If the school fails any
of the criteria above, the amount of the failed criteria will be deducted from the remaining fifty
percent and any balance left will be released to the school. We anticipate that this review will occur
in the fall of 2008. Funds will be rolled into the following unrestricted allocation categories:
Allocation Category Fund Source
TL One-Time Allocations TL FSF
TL One-Time Allocations HS TL FSF
TL Instructional Programs TL (ALL OTHER)
TL Instructional Programs CW TL CW INSTRUCTION
TL Instructional Programs HS TL (ALL OTHER)
TL Instructional Programs HS D79 TL (ALL OTHER)
On June 2, 2008 and June 16, 2008 DBOR will send reports on the schools that are participating in
the surplus roll program, but which are at risk of not meeting one or more of the thirteen (13)
criteria that schools need to meet when their financial condition is evaluated for the end of the year.
ISCs can use these reports to help schools take the necessary steps to finish the year passing all
criteria.
Summary of Appendices
Appendix A: Applicable FY08 allocation categories
Appendix B: List of participant schools, total rollover amount and first half rollover amount
c: Marcia Lyles
Lisa Dare
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
4
Appendix A
Allowable Rollover Allocation Categories
Locations eligible to participate in the rollover program were allowed to identify surplus in theses
FY08 allocation categories:
TL Children First CW
TL Children First Funding
TL Children First Funding HS
TL EARLY GRADE INITIATIVE CW
TL EARLY GRADE INITIATIVE CW ES
TL Fair Student Funding
TL Fair Student Funding HS
TL Fair Student Funding Incremental
TL Fair Student Funding Incremental HS
TL FSF General Hold Harmless
TL FSF General Hold Harmless HS
TL Host School MS
TL HOST SCHOOL HS
TL Instructional Programs
TL INSTRUCTIONAL PROGRAMS CW
TL Instructional Programs HS
TL Instructional Programs HS D79
TL One-Time Allocations
TL One-Time Allocations HS
TL PROJECT ARTS CW
TL PROJECT ARTS D79
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
SCHOOL ALLOCATION MEMORANDUM NO. 10, FY09
DATE: May 22, 2008
TO: COMMUNITY SUPERINTENDENTS, INTEGRATED SERVICE CENTERS
AND SCHOOL PRINCIPALS
FROM: Susan Olds, Executive Budget Director
SUBJECT: TITLE I SCHOOL ALLOCATIONS
TITLE I SCHOOL TARGETING
A school will be targeted to receive Title I resources if its poverty percentage is at or above the
cutoff rate (described below). The poverty rate is the number of Free Lunch Eligible pupils divided
by the student enrollment. Pupils are deemed free lunch eligible if there is a completed free lunch
form for the child or the student is receiving public assistance that has the same or lower income
requirement as free lunch (TANF and Food Stamps).
The Human Resources Administration (HRA) provides child specific information for the public
assistance categories. Child data is matched to the Department of Education’s pupil data base,
ATS, which already contains free lunch data. All data is as of October 31st. From ATS, a school’s
register and an unduplicated free lunch eligible count is produced. Dividing poverty by enrollment
yields the school’s poverty rate.
This measure focuses on a school’s actual student population and is unburdened by issues of
attendance zones in a school system with school choice and un-zoned schools.
The County Provision requires Title I funds to be allocated among the five boroughs in proportion
to each county’s share of poverty counts in the federal census. Separate Title I poverty cutoffs are
established for each borough (county). The city-wide rate is 60.00%. Additionally, by Federal law
the lowest poverty rate for designating a school Title I eligible is 35.00%. The Title I poverty cutoff
rate by borough is:
City-Wide Manhattan Bronx Brooklyn Queens Staten Island
City-Wide Cutoff 60.00% 60.00% 60.00% 60.00% 60.00% 60.00%
County Title I Cutoff 60.00% 60.00% 60.00% 60.00% 55.71% 37.84%
JOEL I. KLEIN, Chancellor
OFFICE OF THE CHIEF FINANCIAL OFFICER
52 Chambers Street, New York, NY 10007
Consultation Committee
Updated: 2020
Version 1.1
Appendix F – Sample School Allocation Memo on Title I Allocations
Back to table of contentsBack to table of contents
Back to Consultation
2
Schools targeted for Title I funds in FY08 that have poverty rates below their respective county
cutoff will be grandfathered Title I in FY09. Affected schools will receive a Title I allocation reduced
in proportion to their poverty rate divided by the citywide cutoff of 60%. Federal law permits
grandfathering for one year only.
Program Conversions and Redesigns
: In FY09, several school-programs (sub-schools) will break
away from their “parent” school to become independent schools. The parent school and the
program conversion school will share the poverty rate calculated for the previously combined
school. The number of low income students for the combined school will be prorated between the
parent and new school in proportion to their projected registers.
New Small Schools
: New small schools are being established in Title I attendance zones. These
schools will be designated Title I for FY09 only. Continued designation will be dependent upon the
FY09 number of low income students. These schools will not qualify for grandfather status in
FY10. A poverty rate equal to its respective county’s cutoff rate is established for each new
school. The estimated poverty count is not added to the overall NYC count. Title I funding will
come from the public school share after apportioning the NYC amount among non-public schools,
neglected children, and public schools.
Phasing-In New Schools and Restructured Schools
: For fiscal year 2009, the Title I methodology
has been modified to address the needs of new and restructured schools that are adding entirely
new grade(s) of students. For these schools, the projected number of eligible students for the new
classes will be added to the actual eligible student count from the prior year. The same poverty
percentage as the prior year, or the borough minimum where there is no prior year history, will be
used when calculating the amount of Title I funds for these schools.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NON-PUBLIC SCHOOL (NPS) AND NEGLECTED CHILDREN APPROPRIATION
The law requires use of comparable criteria to distribute Title I funds to public and non-public
school students. This mandate is satisfied by identifying free lunch eligible non-public school
students who reside in the attendance areas of Title I designated public schools (see below).
Title I funds are divided among each borough's Title I eligible student population to yield the
borough's Title I per capita. The eligible population includes public school, non-public school and
neglected children (count provided by the State). The per capita multiplied by the respective non-
public eligible pupil count becomes the Non-Public School share of the Title I appropriation.
Likewise, the Neglected Children Title I appropriation is calculated by multiplying the county per
capita by the respective count of neglected children.
The Neglected Children programs are administered by both Alternative High Schools Programs
and City-Wide Special Education.
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
3
The measure of poverty for non-public school children uses the same data described above for
public school students. The difference is that
non-public schools provide free lunch information
through an on-line database.
The Federal law prohibits the targeting of non-public schools for Title I purposes. Consequently, to
identify a non-public school Title I eligible pupil, the following procedure is used:
• Low income non-public school pupils are identified using the same
measure as public
schools;
• The address of a low income pupil is mapped to a public school attendance zone for the
appropriate age and instructional level;
• If the attendance zone is that of a Title I public school, the NPS student is Title I eligible;
• If the attendance zone is that of a Non-Title I public school, the NPS student is not Title I
eligible.
The public school attendance zones include the Title I schools that meet the established cutoffs
and grandfathered schools.
PUBLIC SCHOOL ALLOCATIONS
Title I funds remaining after deducting the Non-Public School and Neglected Children shares of
each borough's appropriation, are available for public school allocation. A portion of this amount is
committed to programs such as No Child Left Behind supplemental educational services,
prekindergarten program, support for low performing schools, bilingual paraprofessional training,
and Saturday Prep Academies. These are either allocated separately to schools or administered
centrally. The Title I budget, net of these adjustments, is allocated to elementary, middle and high
schools on a per capita basis using the number of eligible children attending Title I designated
schools. As described above, allocations for grandfathered schools are prorated.
The organization of citywide special education classes, with the delivery to each pupil of services
prescribed in their Individual Education Program (IEP), reduces the need for supplemental Title I
services. As a result, Citywide Special Education Title I resources will be used to enhance
supplementary Title I programs in elementary, middle and high schools. This policy has been in
effect since FY94.
The public school Title I county per capitas are:
City-Wide
Manhattan Bronx Brooklyn Queens Staten Island
Public School Allocation
Per Capita $1,123.34 $1,061.38 $1,161.38 $1,274.33 $906.77 $1,029.01
Federal law requires all students residing in temporary housing (STH) to be Title I eligible
regardless of the school they attend. Consequently, a Non-Title I school will receive a Title I
allocation based on the number of STH
children enrolled times their respective county per capita
amount.
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
4
Federal law also requires that a minimum of 1% of a school's allocation support parent involvement
programs. These programs must be designed in collaboration with parents of Title I participants.
A School-wide program (SWP) is based on a comprehensive school-wide program plan designed
collaboratively at the school level to improve instruction. In addition to challenging content, the plan
incorporates intensive professional
development for staff and parents and collaboration, where
appropriate, with community organizations to strengthen the school's program.
Allocation Category
Fund Source
Title I SWP TITLE I SWP 9
Title I Targeted Assistance TITLE I - UMBRELLA 9
Attachment: FY09 Title I School Detail
Click here for downloadable FY09 Title I School Detail file
SO:bf
Cc: Marcia Lyles
Lisa Dare
Evelyn Castro
Anne Wolf
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
SCHOOL ALLOCATION MEMORANDUM NO. 08, FY09
DATE: June 19, 2008
TO: COMMUNITY SUPERINTENDENTS, INTEGRATED SERVICE CENTERS
AND SCHOOL PRINCIPALS
FROM: Susan Olds, Executive Budget Director
SUBJECT: EARLY GRADE CLASS SIZE REDUCTION (EGCSR)
These allocations provide support for the reduction of early grade class size in many of our
elementary schools. In addition to targeting grades K-3 in schools in need of improvement, the
following criteria are taken into co
nsideration when determining EGCSR allocations to specific
schools:
o Comparative academic needs of specific schools eligible for this funding;
o Overall projected enrollment in eligible grades; and
o Capacity utilization of specific schools eligible for this funding:
Early Grade Class Size Reduction allocations give priority to schools where classes are in excess
of 20 pupils and academic performance is poor.
The program has multiple funding streams: EGCSR STATE PROGRAM (which includes City tax
levy), EGCSR STATE - Title IIA and EGCSR FEDERAL - Title IIA. As State funds originally
targeted for this program are now consolidated into Foundation Aid, program requirements for
state funds have changed and will now conform to federal program requirements.
o The first priority is using funds to reduce class size to an average of 20 students on a
grade. If space is not available to form additional classes, funds may support push-in
teachers to supplement the instructional program.
o Priority must be given to reducing class size in general education settings.
o Each full (1.0) classroom position generates a 0.2 cluster position. For example, two
classroom teachers generate 0.4 cluster positions. These cluster teachers must be the
individuals who actually provide coverage for the staff funded by this program.
o Push-in teachers do not require preparation period coverage and no cluster positions may
be scheduled for push-in teachers.
Please note that all teachers funded by EGCSR must meet the No Child Left Behind definition of
highly qualified. Principals have received printouts from the Division of Human Resources detailing
the status of their current staff. Allocations provide teacher positions at the school’s average
teacher salary. Schools will be required to budget all teacher positions at their average salary.
Guidelines for Calculating Class Size Reduction
: Classes created through the early grade class
size reduction program may not include classes that would have been organized absent the
program. For example, a school with a grade 1 enrollment of 40 students, under the Chancellor’s
early grade policy, would be required to organize two classes. Even though the average class size
JOEL I. KLEIN, Chancellor
OFFICE OF THE CHIEF FINANCIAL OFFICER
52 Chambers Street, New York, NY 10007
Consultation Committee
Updated: 2020
Version 1.1
Appendix G – Sample School Allocation Memo on EGCSR
Back to table of contentsBack to table of contents
Back to Consultation
2
is 20 pupils, since the classes would have been organized anyway, no EGCSR funds may be
used.
To assist schools in determining whether classes should be created using EGCSR, a lookup chart
is attached.
The chart is intended as a guide. There are many situations that could result in
different class formations, such as organizing bilingual classes or inclusion classes. The goal is to
maximize services to students while maxi
mizing revenues (i.e. prevent program disallowance).
As evidence of compliance with funding source guidelines, schools must make the following
documentation available if requested:
list of staff funded by the program
class rosters for all classes on the grade
evidence funded teachers meet the No Child Left Behind definition of highly qualified
The FY09 Early Grade Class Size Allocation is presented on the attached table.
SO:bf
c: Garth Harries
Stephanie Lawkins
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
SCHOOL ALLOCATION MEMORANDUM NO. 06, FY09
DATE: June 30, 2008
TO: COMMUNITY SUPERINTENDENTS, INTEGRATED SERVICE CENTERS
AND SCHOOL PRINCIPALS
FROM: Susan Olds, Executive Budget Director
SUBJECT: Contracts for Excellence FY09 Discretionary Allocations
The DOE receives a portion of its overall budget in the form of Foundation Aid from New York State. While the
State allows s
ome of the increase in year-over-year Foundation Aid funding to be used for growth in general
operating costs and investment in ongoing programs, the majority is subject to the provisions of the “Contracts for
Excellence”. New York City schools received Contracts for Excellence, or C4E, funds for the first time in school
year 2007-08.
In 2008-09, New York City schools will once again receive funds subject to the provisions of the Contracts for
Excellence, which are as follows:
• Program Area Guidance: C4E dollars should be allocated in one or more of the following six program
areas:
Class Size Reduction
Time on Task
Teacher and Principal Quality Initiatives
Middle School and High School Restructuring
Full-Day Pre-Kindergarten; and
Model Programs for English Language Learners (New in 2008-09)
For more information on eligible program options within these six program areas, please refer to Chapter
7 of the FY09 “Resource Guide to School Budgets”, which can be accessed here:
http://schools.nyc.gov/AboutUs/BudgetsFairStudentFunding/Materials/default.htm
.
• Students with the Greatest Education Need: C4E funds must be used to improve the performance of
students with the greatest educational need, including:
English Language Learners (ELLs)
Students with disabilities
Students in poverty; and
Students with low academic achievement / at risk of not graduating
Consultation Committee
Updated: 2020
Version 1.1
Appendix H – Sample School Allocation Memo on C4E Allocations
Back to table of contents
Back to Consultation
2008-09 Contracts for Excellence Allocations
Schools will directly receive C4E funds in two forms in FY09:
Discretionary Allocations
Allocation Category Contracts for Excellence (new in FY09)
Funding Type Reimbursable (new in FY09)
Funding Restrictions Subject to spending on programs in the six C4E-eligible areas
Other Schools will be required to choose program area from a drop-down menu in
Galaxy when scheduling funds
Targeted Allocations Meeting the C4E Eligibility Standards – Not Covered in this SAM
Allocation Categories
TL FSF (funding for CTT classrooms)
TL ASD (funding for ASD classrooms)
Others TBD
Funding Type Tax-Levy
Funding Restrictions Funds to be allocated for specific C4E-eligible uses
Other Not covered in this SAM. Schools will be notified if they have C4E-eligible
targeted allocations in their FY09 budgets
Discretionary Allocations
Schools were allocated C4E Discretio
nary funding according to an indexing system developed by the State
Education Department (SED) and based on data submitted to SED by schools in conjunction with 2006-07 NCLB
accountability.
Index
SED calculated a “Concentration of Need” factor for each eligible school, using the following data to represent
C4E targeted student populations:
A Students with Limited English Proficiency
(LEP/ELL)
2006 LEP/ELL %
B Students with Disabilities (SWD) 2006 SWD %
C Students Receiving Free Lunch (Poverty) 2006 Free Lunch %
D Students with Low Academic
Achievement
2006 Weighted Low Academic Achievement %; see Appendix
A for calculation
Concentration of Need Factor Metric A + B + C + D
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contents
Back to Consultation
Please note that for schools that did not submit student population data for the purposes of 2006 NCLB
Accountability (e.g., 2007 new schools), or for which SED was missing data, average school type metrics were
used. Please see Appendix B for a table of these school type averages.
After these Concentration of Need factors were calculated, schools were then rank-ordered from lowest to highest
Concentration of Need factor and grouped them into quartiles of approximately equal numbers of students based
on 10/31/07 audited data.
C4E regulations mandate that 75% of the city’s total C4E funding goes to the top 50% of needy schools, as
identified through this ranking system, with SINI schools receiving at least their pro rate share of all funds
regardless of quartile. In keeping with this mandate, funds were distributed on a per capita basis according to the
following schedule:
For Schools In: # Students Funded Per Capita for
SINI/SRAP Schools
Per Capita for In Good
Standing / No Status Schools
Quartiles 1 & 2 $198.75 $112.16
Quartiles 3 & 4
10/31/07 audited enrollment
x Concentration of Need
Factor
$235.28 $235.28
All discretionary allocations will be made throug
h a “Contracts for Excellence” allocation category in Galaxy.
A list of all school-level allocations as well as a spreadsheet containing all targeted student population metrics used
in calculating Concentration of Need factors and quartiles may be accessed using the links below.
C4E Student Population Metrics
C4E Allocations by School
cc: Jennifer Bell-Ellwanger
Stephanie Lawkins
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contents
Back to Consultation
Appendix A: Weighted Low Academic Achievement Metric Calculation
A B C
E/S ELA E/S Math Grad Rate Total
Non-
Achievement
%
2006 Level 1 +
Level 2 /
Tested
Population
2006 Level 1 +
Level 2 /
Tested
Population
100 % - 2002
Cohort
Graduation
Rate
Pupils
Tested
Population
Tested
Population
Students in
2002 Cohort
Sum of Pupils
A – C
Enrollment
Weight
Pupils/Sum of
Pupils A-C
Pupils/Sum of
Pupils A-C
Pupils/Sum of
Pupils A-C
Weighted
Non-
Achievement
%
Non-
Achievement
% x
Enrollment
Weight
Non-
Achievement
% x
Enrollment
Weight
Non-
Achievement
% x
Enrollment
Weight
School Total
Weighted
Non-
Achievement
%
Sum of
Weighted
Non-
Achievement
% A-C
Appendix B: School Type Averages by Targeted Student Population (base
d on SED data)
School Type LEP/ELL % SWD % Free Lunch %
Low Academic
Achievement %
Elementary 0.16 0.15 0.69 0.33
High school 0.12 0.11 0.62 0.43
K-8 0.13 0.14 0.65 0.40
Middle School 0.12 0.15 0.71 0.51
Secondary School 0.07 0.13 0.66 0.49
Consultation Committee
Updated: 2020
Version 1.1
Back to table of contentsBack to table of contents
Back to Consultation
SCHOOL ALLOCATION MEMORANDUM NO. 51, FY09
DATE: October 30, 2008
TO: COMMUNITY SUPERINTENDENTS, INTEGRATED SERVICE CENTERS
AND SCHOOL PRINCIPALS
FROM: Susan Olds, Executive Budget Director
SUBJECT: ATTENDANCE IMPROVEMENT/DROPOUT PREVENTION (AIDP) AND
TAX LEVY ATTENDANCE TEACHER ALLOCATIONS
Attendance Improvement Dropout Prevention (AIDP) and Tax Levy (TL) funding is being provided
to support attendance teacher positions. The allocation provides resources for 253 attendance
teacher positions. The allocation
is displayed on the attached table.
This school year the attendance teachers for schools in the School Support Organizations (SSOs)
were assigned by the Integrated Service Centers (with the exception of 22 attendance teacher
positions assigned to the Empowerment Support Organization networks, which will remain the
same as the previous school year and 4 positions assigned to the Children First Networks).
Funding for the attendance teachers was provided to each school based upon the average teacher
salary for that school. Each payroll school was also provided with an additional $800 allocation per
attendance teacher to cover the cost of travel and other OTPS expenditures.
In many instances the attendance teachers are itinerant and will serve more than one school. The
Attendance Content Experts from the ISCs, in collaboration with school principals will be
responsible for the supervision and rating of the attendance teachers (Attendance Teacher
responsibilities are included on Appendix A).
SAM #55 Attendance Improvement/Dropout Prevention (AIDP) allocation once released will
provide limited discretionary funds to designated schools for additional attendance support staff to
include attendance teachers, guidance counselors and family assistants.
Funds should be scheduled in the following allocation categories: TL Attendance and AIDP
Attendance.
SO: ddz
Attachments
Cc:
JOEL I. KLEIN, Chancellor
OFFICE OF THE CHIEF FINANCIAL OFFICER
52 Chambers Street, New York, NY 10007
Kathleen Grimm Marcia Lyles
Elayna Konstan Eric Nadelstern
Stephanie Keating Lilian Garelick
JoEllen Lynch
Consultation Committee
Updated: 2020
Version 1.1
Appendix I – Sample School Allocation Memo on AIDP
Back to table of contentsBack to table of contents
Back to Consultation
CURRICULUM & PAPERWORK REDUCTION
Paperwork Curriculum
Paperwork Reduction
Paperwork Reduction Standard
Version 1.1
Back to table of contentsBack to table of contents
PAPERWORK CURRICULUM
Under the contract the Board of Education is required to provide teachers with either a
year-long or semester-long curriculum that is aligned with State Standards in all Core
subjects. The curriculum must include a list of content and topics, scope and sequence,
and a list of what students are expected to know and be able to do after studying each
topic.
If a teacher or teachers want to voluntarily work on creating curriculum, they can do so.
However, if a supervisor requests that a teacher or teachers write curriculum time must
be provided during the day for them or the teacher[s] can be given sufficient time after
school as per session.
PAPERWORK REDUCTION
The contract requires that the UFT and Department of Education agree upon citywide
standards for the reduction and elimination of unnecessary paperwork (both paper and
electronic).
The following are the agreed-standards:
NYC DOE and UFT Standards on Paperwork Reduction
As per the 2014 Memorandum of Agreement agreed upon by the UFT and the DOE, as
a system we seek to reduce and eliminate unnecessary paperwork with which teachers
and other school professionals are tasked. This document was drafted to provide
standards to school educators and related service providers. It was drafted
collaboratively between the UFT and the DOE and responds to concerns raised by
schools and teachers.
The standards listed below were created by the central committee. In addition to the
initial standards issued in September 2014, this updated document adds three
standards, written in response to school feedback. It is the expectation that based on
these standards these matters can be resolved at the school level.
This document is to be distributed to all schools and key stakeholders including SLT
Chairpersons, PA/PTA Presidents, UFT Chapter Leaders, UFT District
Representatives, District Superintendents, school leaders and CSA Representatives.
Employees (including those in functional chapters) who believe that they have been
assigned unnecessary paperwork should first seek to resolve their concerns at the
school level. If issues are not resolved at the school level, employees may request that
their Chapter Leaders raise school-specific paperwork issues (whether paper or
electronic) before their respective District Committees.
Version 1.1
Back to table of contentsBack to table of contents
PAPERWORK REDUCTION STANDARDS
1. General Standard
Educators and Related Service Providers shall not be required, whether on paper or
electronically, to perform redundant, duplicative, unnecessary or unreasonable amounts
of record keeping concerning the performance of, plans for or evaluation of students,
unless necessary in order to comply with federal or state statutory or other legal
requirements imposed on the DOE.
2. The Quality Review:
Schools are to present only existing curricular and existing school-level documents to
contextualize the assessment of all Quality Indicators, especially 1.1, rather than create
documents for the sole purpose of the Quality Review. Additionally, evidence can be
verbal or observable in the classroom/school environment within existing school
processes and will include a review of only those documents used in the normal course
of teaching and learning. Reviewers and evaluators will consider the time of the year
that the visit takes place and the work underway in each school when they review
curricular and other school-level documents.
3. Special Education/D75
1) The DOE has discontinued the use of Interactive Voice Response (IVR) and CAP
to record the provision of related services to K-12 students with Individualized
Education Programs (IEPs), and will use SESIS encounter attendance as the
primary system of record for related service provision, and BESIS for ESL
provision.
2) The DOE will continue to engage UFT to prioritize how to streamline and
enhance SESIS functionality to increase usability. The system enhancements will
commence on a rolling basis as identified.
3) Each school or program shall continue to engage with all users of SESIS to
provide adequate time and computer access to complete SESIS-related tasks.
4. Data Systems and Attendance
1) Schools may adopt only one school-based system for tracking student
attendance (not including SESIS) in addition to the DOE source attendance
system, except when expressly required by law or expressly required to receive
federal, state or private grant funds schools may have additional attendance
systems as required.
2) The DOE will explore and pursue options to integrate attendance-taking systems
with as many other tasks as possible as part of our commitment to the UFT to
reduce teacher paperwork.
3) Educators and related service providers are not required to print collections or
binders of documents that are available in electronic databases. Teachers are
responsible for complying with reasonable requests for printing any documents
Version 1.1
Back to table of contentsBack to table of contents
for the purposes of parent interactions/communications and professional
conversations with supervisors.
4) School staff will continue to be responsible, based on student need, for providing
reports related to student achievement, report cards, a student’s IEP, student
behavior, and the social/emotional development of individual students. Such
requests will not be routinized, school-wide or solely for the purpose of creating a
binder for the storage of information.
5) Educators and Related Service Providers shall be required to keep grades and/or
session notes in one manner, unless necessary in order to comply with federal or
state statutory or other legal requirements imposed on DOE. Staff required to use
online or electronic systems shall be provided adequate computer access during
the workday. This is in addition to the DoE source system until such time as
systems can be aligned.
5. Parent Engagement, Other Professional Work, and Professional Development
Parent Engagement, Other Professional Work and Professional Development time shall
not generate excessive or redundant paperwork or electronic work. This shall not
preclude a principal from creating reasonable requirements requiring teachers to briefly
track Parent Engagement time. (See appendix for sample).
Every spring, and at the request of either party, the Central Paperwork Committee shall
review the standards to see if they need to be modified and/or updated.
In addition, Central and District paperwork committees are to meet on a regularly
scheduled basis once a month to address paperwork issues and to ensure the
standards are being properly implemented in the schools.
Any UFT-represented employee, including those in functional chapters, may request
that you, as chapter leader, raise paperwork issues before the District Committee. You
should discuss with your principal first. If you can’t resolve the matter then reach out to
your UFT district representative.
Paperwork issues not resolved by a District Committee may be referred to the Central
Committee. If not resolved by the Central Committee, the union can choses to take the
matter to arbitration.
Version 1.1
Back to table of contentsBack to table of contents
SCHOOL LEADERSHIP TEAMS
Introduction
Initial SLT checklist
School Leadership Team assessment checklist
CEP data tools
Version 1.1
Back to table of contents
If your school does not have a school leadership team up and running, here are some
important first steps to take as soon as you return to school.
Make sure that the mandatory members (chapter leader, PA/PTA
- president
and principal) are in place.
Identify the remaining te
am members
Ask the SLT chairperson or principal for the dates of the SLT meetings for
- the remainder of the school year.
Ask for attendance sheets from previous meetings.
Inquire about the agenda for the upcoming meeting.
Along with the principal and PA/PTA president, look over whatever by-laws
- are current.
Contact your district representative, who sits on the district leadership
- team, if you fail to get cooperation from the principal.
Initial School Leadership Team
(SLT) Checklist
SCHOOL LEADERSHIP TEAMS
School Leadership Teams must be established in each school. The principal,
chapter leader, and Parents Association president serve on the committee. All
other members must be elected. It is the responsibility of the committee to
develop the Comprehensive Education Plan (CEP) for the school, and to review
and adjust the school budget so that the CEP can be implemented. For more
information, see Chancellor's Regulation A-655.
Version 1.1
Back to table of contentsBack to table of contents
Check off the box next to each statement that is true of your school’s SLT.
There is an agenda for the current meeting on hand.
The meeting notification and agenda were publicized.
The approved minutes for each past meeting are available for review.
Bylaws are revised yearly and available for review.
There is a public bulletin board with SLT meeting notices/agenda/minutes.
Attendance records are kept.
The SLT has the proper team composition (50% parents and 50% staff).
Meeting notices, agendas and minutes are translated for those who do not
read English and translation services are provided at meetings when
necessary.
Meetings are open to observers.
Non-members participate in team meeting discussions.
The minutes reflect the involvement of all members in the decisions made.
Bylaws address the accountability for decision-making of the SLT to the school
community.
Bylaws address the dispute resolution process used by the team.
The current comprehensive educational plan (CEP) is discussed, reviewed
and/or revised throughout the school year.
The Galaxy budget is given to team members and discussed when necessary.
The SLT discusses data (inquiry investigations, periodic assessments,
standardized tests, etc) and uses it to develop and monitor the action plan.
The SLT meets regularly and dates and times of meetings are set for the year.
The SLT reviews the current CEP in the spring to consider revisions to improve
the CEP for the following school year.
School Leadership Team (SLT) Assessment
Version 1.1
Back to table of contentsBack to table of contents
• Surveys from parents/teachers/students
• Informal and formal assessments
• School-designed assessments
• Teacher-created assessments
• Portfolio review
• Narrative reports
• Needs assessment
• Performance assessment
• MOSLs
• Visits from service providers
• Site visits to other schools
• Instructional rounds
• Parent teacher conferences
• Parent/family meetings
• Parent/family workshops
• Letters home
• Newsletters
• School website
• School listserv
• Word of mouth
• Curriculum night
• Open school week
• Publishing parties
• Writing celebrations
• Family math nights
• Attendance data
• Enrollment data
• NYS test data
• NYS school report card
• NYC DOE progress report
• School quality review
• Learning environment survey
• SLT bylaws
• Chancellor’s regulations
• Review of current CEP
• Review of current DCEP
• Galaxy allocation budget—preliminary or
current
• Parent/family involvement plan
• OTHER:
Developing the CEP: Menu of Data Tools
Version 1.1
Back to table of contentsBack to table of contents
SAFETY COMMITTEE
Safety committee overview
School safety climate and culture procedures
Safety committee checklist
Safety plan checklist
UFT/DOE System-wide safety standards
Questions for creating a student removal plan
SAVE legistation
School safety resources
Version 1.1
Back to table of contents
Rights & Responsibilities of Chapter Leaders
Safety Committee Overview
Contact your UFT borough office and speak to a representative for safety and health with
any issues or concerns.
Bronx: 718-379-6200
Brooklyn: 718-852-4900
Manhattan: 212-598-6800
Queens: 718-275-4400
Staten Island: 718-605-1400
Safety Committee:
Principals are responsible for ensuring that every school establishes a school safety
committee that meets monthly. Make sure the committee addresses the items below and
shares necessary procedures with the staff.
•
Crisis response
•
Student Removal Process
•
Intruder alert procedures
•
Medical emergency response
•
Evacuation procedures
•
Bomb scares
•
Fire drills
Mandatory Members:
• Chapter leader (that is YOU!)
• Principal
• President of the PTA (or designee)
• School safety agents (or designees)
• NYPD precinct commanding officer (or designee)
• School’s custodial engineer (or designee)
Safety Plan:
• Dates for Safety committee meetings are set for the entire year. Get those dates
ASAP and make sure to notify your principal and the secretary if you need to be
covered to attend those meetings
• Make sure the safety plan includes procedures for student removal (make sure staff
is informed and trained on this process)
• Do not let your principal limit UFT access to your school within the safety plan
• Do not sign the signature page without reviewing the entire document
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
School Safety Climate and Culture Procedures
• The Central Committee will establish, subject to agreement by the Chancellor and the
UFT President, system-wide standards for school safety and positive school culture
and climate (System-wide Safety Standards).
• The Central Committee will establish the System-wide Standards within 60 days of
their first meeting. If they are not established and approved by the chancellor within
60 days of the first meeting, the UFT or the Board (DOE) may request assistance from
a member of the Fact –Finding Panel.
• Once the System-wide Safety Standards have been established (and whenever they
are modified) they will be distributed to all schools and key stakeholders (including
SLT Chairpersons, PA/PTA Presidents, UFT Chapter Leaders, UFT District
Representatives, District Superintendents and CSA Representatives).
• After the System-wide Safety Standards have been established, Borough-Based Safety
Committee’s shall be established by the Central committee.
• There may be more than one Borough-Based Safety Committee in each borough or a
committee may be responsible for parts of more than one borough.
• The Borough-Based Safety Committee shall be comprised of an equal number of
members appointed by the Chancellor and the UFT president, which shall include, at
a minimum, the appropriate Borough Safety Director(s) (BSD) and the appropriate
members(s) of the UFT Victim Support Personnel (VSP).
• The Borough-Based Safety Committee shall meet monthly, at a regularly scheduled
time, for the purpose of addressing school safety, culture and climate issues not
resolved at the school level and to ensure the System-wide Safety Standards are
being implemented properly in schools.
• Employees (including those in functional chapters) may request that their Chapter
Leader raise school-specific school safety, culture and climate issues with the
principal, the employees’ direct supervisor, and/or in a meeting pursuant to Article
19 of the UFT – Board agreement covering teachers of the school and the school
chapter committee (the Consultation Committee Meeting).
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
• If the school safety, culture and/or climate issue is not resolved within five school
days of the chapter leader attempting to resolve it with the principal, the employees’
direct supervisor and/or a Consultation Committee Meeting, the appropriate district
representative may raise the issue before the monthly Borough-Based Safety
Committee.
• Subject to approval by the Chancellor, if the Borough-Based Safety Committee agrees
on the resolution, the resolution shall be enforced by the District or High School
Superintendent.
• If the Borough–Based Committee cannot agree on the resolution, the Borough Based-
Committee shall refer the issue to the Central Committee for review.
• Subject to the approval by the Chancellor, if the Central Committee agrees on the
resolution, the resolution shall be enforced by the District or High School
Superintendent.
• In the event that the Central Committee cannot agree, the Central Committee shall
refer the issue to the Chancellor and/or his or her designee and the President of the
UFT and/or his or her designee for a final determination.
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
School Safety Committee, Professional Development and Reports
The School Safety Committee
• The School Safety committee shall meet on an at least a monthly basis. (Article 10
and Chancellor’s Regulation A-414)
• The School Safety committee establishes:
a) Safety procedures.
b) The expectations and responsibilities of students and staff with respect to safety
and school climate.
c) How these procedures, expectations and responsibilities are communicated.
d) Design prevention and intervention strategies and programs specific to the needs
of the school.
• The principal shall provide notice to the Chapter Leader of the date and time of all
School Safety committee meetings in advance of such meetings.
• The principal shall relieve the Chapter Leader from his/her duties and provide
coverage for the Chapter Leader attending the meeting.
• The Safety Committee meeting shall be held during the contractual workday, unless
another time is mutually agreed upon by the Chapter Leader and the principal.
• Within two (2) school days of the conclusion of any Safety committee meeting, the
School Safety committee shall distribute the minutes from the meeting using the
“Decision Summary Sheet Template” (to be developed by the Central Committee).
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Professional Development
• The DOE shall provide professional development to chapter leaders in the same
manner in which it is provided to principals on the following topics:
1. School safety protocols
2. Emergency readiness
3. School culture and climate
• This professional development shall take place during the first month of the school
year and during the workday.
• The school principal shall make available school safety/climate and culture
professional development to all UFT represented employees at least two (2) times
per semester during the workday. The content of this professional development
shall be decided by the School Safety committee.
• Each fall, the DOE shall provide training (jointly developed by the UFT and DOE) to
all deans during the workday.
Distribution of the Enhanced Version of the Safety Plan and
Summary Reports/Consolidated Plans
• The principal shall provide the chapter leader, within thirty (30) days of the
endorsement, a copy of the School Safety Plan.
• The principal shall distribute copies of the Consolidated School and Youth
Development Plan to the chapter leader within thirty (30) days of approval by the
DOE.
• No later than 48 hours prior to the School Safety Committee meeting, the principal
shall distribute copies of summary reports from the Online Occurrence Reporting
system (OORS) to the chapter leader.
• The following reports from OORS shall be included in the distribution to the chapter
leader:
1. Occurrence Snapshot
2. Level 1-5 Summary
3. Occurrence Summary by Code
4. Location Summary
5. Hourly Incident Analysis
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
Safety Committee Check List
I. Routine Procedures
Safety Committee Meeting Dates
Staff Development Dates
Critical Security Notifications and Offices
School Safety Agent Post Assignment
II. Emergency Procedures
A. Notification:
Principal
School Safety Division
Police
Superintendent
B.
Assignments for:
Supervisors
Deans
Other out of class staff
School Safety Agent
Teachers
Paraprofessionals
C.
Crisis Response Procedure: (A mechanism for summoning assistance)
Scanning Procedures
Visitor Control Procedures
Medical Emergency
Emergency Situation. This should be analogous to a “911” system and provide
staff with some reasonable expectation of an appropriate and timely response
Classroom Disruption
Intruder Procedure
III. Staff Development
Incident Reporting
Discipline Code
Teacher Removal of “Disruptive” Student from Classrooms
Suspensions
Corporal Punishment
Verbal Abuse
IV. Safety Plan Addenda
Student Removal
Ladder of Referral
Incident
V. Safety Plan Endorsement Page
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
Safety Plan Check List
Routine Procedures:
A. Hours in effect---------------------------------------- ----------------------------------
B. Chain of command----------------------------------- --------------------------------
C. Post & assignment schedule for SSA’s
and other staff with safety related assignments-- -----------------
D. Communications/Reporting/Response------------ ---------------------
E. Exit security – “no unmonitored open doors” ------------------------
F. Visitor screening-------------------------------------- ---------------------------------
G. Intruder alert------------------------------------------- ---------------------------------
H. Procedures for:
1) Breakfast program------------------------------ --------------------------
2) Entering students------------------------------- ---------------------------
3) Lunch periods----------------------------------- -----------------------------
4) Dismiss------------------------------------------- --------------------------------
5) After school programs scheduled for afternoon
and/or evening (including PSAL) events---- ------------------
I. Safety plans and procedures should be integrated/coordinated to the extent possible
in buildings with multiple programs and/or be site specific in schools with multiple
physical sites.
Emergency Procedures
II.
Drills:
1) Principals must hold a minimum of 2 soft lockdown drills each school year.
2) Principals must hold a minimum of 12 fire drills each school year
A. General Response Protocol (GRP):
The School Safety Plan has been revised to reflect the appropriate use of the General
Response Protocols. The GRP outlines the immediate actions all school staff and
students must take when an incident occurs that requires an evacuation, shelter-in, or
lockdown. Training materials and reproducible materials are available.
B. Notification:
1) Police -------------------------------------------------------------------------
2) Division of School Safety ------------------------------------------
3) Superintendent ---------------------------------------------------------
C. Assignments for:
1) Supervisors ----------------------------------------------------------------
2) Deans -------------------------------------------------------------------------
3) Other out of class staff ---------------------------------------------
4) SSO’s --------------------------------------------------------------------------
5) Teachers --------------------------------------------------------------------
6) Paras --------------------------------------------------------------------------
D. Communications/Command Center ------------------------------
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
Safety Plan Check List
E. Building Response Team (BRT):
All plans should include a BRT are emergency information and action management
teams that exist within each school or non-school building. The BRTs should consist
of a BRT Leader and at least five additional staff volunteers who form the
school/site’s core emergency response group (See UFT’s A Guide for Building
Response Teams).
F. Include contingency plans for coverage of student cafeterias/lunchrooms in the
event of staff absence.
G. All safety plans should include specific procedural instructions to accompany
the Bomb Threat Check List so that school administrators and staff have a clear
understanding of all response thresholds, protocols and evacuation rationale.
H. CCTV/Video Surveillance System:
All buildings equipped with cctv/video surveillance systems should provide specific
information regarding inventory, exterior/grounds and interior locations, daily
operating and monitoring by trained staff.
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
Questions for Creating a Successful Student Removal Plan
Where are students sent when they are removed by a teacher?
How are the students escorted to and from the removal location?
How is information regarding this incident (as it pertains to student removals) being
communicated to the teacher who will be receiving the student(s)? And to the
parents of the student?
Who is (are) the licensed pedagogue(s) supervising the continued instruction of the
removed students?
Who is (are) the licensed coverage pedagogue(s) supervising the continued
instruction of the removed students during the regularly assigned teacher’s
lunch/prep period?
How will mandated related services be provided to the student(s) with an IEP when
in the alternate learning environment?
How will students’ assignments be delivered to the alternate learning environment?
How will students’ assignments be returned to their subject teachers?
How will teachers be notified when a student will be returned to their classroom
following a removal?
What intervention(s) will be put in place for students who return to the classroom
after a removal by a teacher?
How will the student removal plan be disseminated to the staff, students, and
parents?
How often will the student removal plan be reviewed and/or modified by the
school’s Safety Committee?
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
SAVE Legislation
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
SAVE Legislation
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
Rights & Responsibilities of Chapter Leaders
SAVE Legislation
Version 1.1
Back to table of contentsBack to table of contents
Back to Safety
PD Committee
Professional Development Committee
Our contract sets aside time in the workday for engaging in professional
development. We know that quality professional development is not something
imposed on school communities, but genuinely addresses the needs of each
school and reflects the interests of each school's staff. This professional
development is most effective when it is deeply relevant to the work teachers do
every day.
The contract requires that each school form a staff development committee to
collaboratively review, consider and develop the professional development that
is offered during the new time set aside for PD. This section of the website
supports the committee's work.
Start by having a conversation about the goals, content and structures of PD at
your school
Schools best serve their students when administrators and classroom educators collaboratively
determine the goals, content and structures of professional learning. Bringing all parties on
board to begin this process is critical to its success. The materials in "A New Year of
Collaborative Professional Learning: Finding Purpose in the Journey," created by the UFT
Teacher Center, are intended to support the work of the Staff Development Committee and the
PD participants in building a schoolwide consensus around the best use of the new professional
development block.
Download "A New Year of Collaborative Professional Learning: Finding Purpose in the Journey"
as a complete PDF »
Introduce professional learning to PD committees and school staff »
Design a professional learning program
The materials in "Envisioning Professional Learning: Starting With the End in Mind," created by
the UFT Teacher Center, are intended for the use of the School-Based Staff Development
Committee. They are guides to help the team envision a professional development program
that starts with the end in mind — student achievement.
Download "Envision Professional Learning: Starting With the End in Mind" as a PDF »
See the five-part process for building a year-long professional development program »
Version 1.1
Back to table of contentsBack to table of contents
PD Committee
Professional book study
One type of professional learning is a professional book study or book talk. A book study can be
a powerful way for educators to drive their own learning. Teachers are involved in multiple
sessions over time where there is continuous discussion around a relevant topic that has arisen
from school data. These materials, developed by the UFT Teacher Center, include structures,
norms, participant roles, planning templates and suggested protocols and activities for
professional book study.
Download the UFT Teacher Center's guide to professional book study as a complete PDF »
Learn more about how to create and maintain a successful professional book study at your
school »
Lesson study
Lesson study is a standards-based collaborative process used to improve instruction. One of the
goals of this instructional planning model is to identify academic achievement gaps and
students’ challenges. Teachers will then examine and refine lessons that address these
concerns.
Download the UFT Teacher Center's lesson study guide as a complete PDF »
Learn more about how to use lesson study at your school »
Version 1.1
Back to table of contentsBack to table of contents
MOSL Committee
MOSL Committee
Students enter our classes at different levels of learning. That’s why teachers are evaluated on
their students’ progress, rather than on passing rates, which cannot capture the good work we
do with students. To measure student growth using growth models, for example, prior
achievement scores, as well as factors such as disability, ELL status and other factors are
combined to create a baseline student profile from which growth is measured. Teacher results
are based upon how well students perform at the end of the year compared to students with a
similar baseline profile. The growth measures used by New York City are carefully monitored
and reviewed annually for accuracy and fairness by a panel of external experts as well as by the
UFT.
School-level MOSL committees
At the start of the school year, your principal and UFT chapter leader will create a committee
that will select the measures of student learning to be included in your evaluation. The
committee is composed of the chapter leader and the principal (or designee), who each select
three staff members to serve as well.
How will measures be assigned to you? Broadly speaking, there are two steps.
1. The MOSL committee makes selections for every grade and subject based on a citywide
menu of options. The committee also selects the process that will be used for measuring
growth.
2. Once the grade/subject selections are finalized, the committee assigns the measures to
individual teachers based on what they teach.
Because many teachers teach more than one subject and/or grade, there are opportunities for
teachers to have more than one assessment result used in their MOSL.
If the principal does not accept the full slate of recommendations from the committee, then the
schoolwide default measure is applied.
Options for measuring growth
The growth model: Using a statistical model, the DOE determines how well each student
performs at the end of the school year compared to similar students. The result is the student’s
growth percentile, and these growth percentiles are averaged together to determine the
teacher’s MOSL rating.
Goal-setting: In this model, goals are set at the start of the year for each student. The teacher’s
MOSL rating is determined by the extent to which his or her students have met their goals.
Version 1.1
Back to table of contentsBack to table of contents
ORGANIZING A STRONG CHAPTER
In
volving the membership
Communications
Creating parent support
Contract enforcement/ conflict resolution
Education reform
Organizing tasks
Organizing tips
Samples of school actions
Member engagement tools
UFT social media guidelines
Version 1.1
Back to table of contents
BUILDING A STRONG
CHAPTER
THIS IS A BIG JOB, SO…YOU’LL NEED HELP
Involving the membership
GETTING OTHERS TO HELP YOU – TEAMWORK MAKES YOUR CHAPTER GROW
The secret of running a good chapter is plenty of participation. Your members need it. Many of
them cannot go to meetings or become active otherwise, but they will want to help build our
union in the school.
The best way to involve people is to distribute responsibilities. Here are some of the union
positions that can be handled by chapter members in the schools.
Department, grade or floor representatives – Each department, grade or area in your
building should have a designated UFT representative. The representative’s job is to remind
people about meetings; be of service to the members on that floor; disseminate information;
and in general, be of assistance to the chapter leader.
Telephone/email relay – You may need to reach members at home. Set up a relay system
whereby each member can receive vital information and the burden of notification is divided
among members of the chapter.
Social life representative – Chapter life is enhanced when someone plans socials for the
chapter; sends cards to members on special occasions or gets members to participate in
UFT social activities.
COPE/legislative representative – It’s important to have a point person for the chapter’s
political work, someone who organizes letter-writing campaigns and lobbying efforts for
important bills affecting our members and our schools; keeps the school informed on
legislative matters; distributes COPE literature and educates members about the importance
of participation.
Editor – The best UFT chapters publish a school UFT newsletter either online or in print. This
is an excellent way to keep chapter morale high and inform and recognize membership.
Obtain samples of other school newsletters as guidelines for your own. Involve artistic
members in the design and good writers for articles. Include reports on consultations,
reminders and items from the weekly Chapter Leader Update.
Delegates – The Delegate Assembly is the highest policy-making body in the UFT. You and
your delegates should attend every DA and report back to members. Remember that
functional chapter members elect their own delegates. School elections are held every three
years in May or June for September office. (See UFT Constitution: Article VII-3.)
Secretary and treasurer – The chapter will need a good secretary and a treasurer so that
the actions and meetings of your chapter may be recorded.
Version 1.1
Back to table of contentsBack to table of contents
Consultation Committee – All chapters should have a formal Consultation
Committee set up to meet with the principal. It may be a formal committee
elected by the chapter or a group chosen by the chapter leader that has
discretion in this matter. You should, however, have some organized group to
meet with the principal in order to show your strength and the support of the
chapter.
Parent Liaison – Some chapters have a member who serves as a liaison with
parents, attends PA/PTA meetings, etc.
At the beginning you might have difficulty enlisting assistance from members
of your chapter. Keep after them; the chapter leader’s job is one that cannot
be done alone.
New Members – Early in the school year make an effort to personally greet
each new staff member in your school. Ascertain if the person is a union
member.
Non-members can join the union online or they can complete a dues
checkoff card and give it to you. You can forward the cards to the
Membership Department at 52 Broadway. Especially important: Check with
new staff members to make sure they have filed an application for salary step
placement, for any salary differential and prior salary credit they are entitled
to. Ask your district representative or borough office for UFT literature for new
members and for help enrolling new members if you are having a problem.
Advise new members that they should sign up for health insurance.
Workshops for new teachers are held in each UFT borough office early in the
fall. Ask them to sign a COPE card and explain why it is in their best interest.
Version 1.1
Back to table of contentsBack to table of contents
Communications
To be an effective chapter leader, you must regularly communicate with
the members of your chapter. Remember, you are an important conduit of
information from the union to its members as well as from your members
back to the union.
Ways for you to stay informed –
1. Attend meetings. Attend Delegate Assemblies and citywide, borough
and district chapter leader meetings.
2. Read your UFT email. Read the online Chapter Leader Update and all
chapter leader email alerts from UFT headquarters and your district
rep. (Not receiving email from the UFT? Sign up on the UFT website,
www.uft.org)or call the union)
3. Read the
New York Teacher
and visit the UFT's website regularly.
Ways to keep your chapter informed –
1) Hold regular chapter meetings in your school or site. To bolster attendance,
publicize the meeting date, time and location in advance and prepare an agenda that
covers timely topics. Invite members to ask questions and raise issues, and then
brainstorm how the
chapter can tackle those issues. Report on your monthly
consultation meeting with the principal and solicit suggestions about what needs to be
on the agenda of the next one. Report on other UFT activities to your chapter and
promote the union by explaining the actions and positions it takes and talking up union
victories.
2) Publish a chapter newsletter. As chapter leader, you should publish a newsletter,
whether printed or electronic, as frequently as your time allows and the situation
requires. The Chapter Leader Update is an excellent source of content for your
newsletter (just cut and paste relevant parts), but always add your own school’s
activities in the mix.
3) Use your school’s UFT bulletin board. Every school must have a bulletin board
reserved in an accessible place for the UFT (see Article 19F of the UFT/DOE
contract). Keep your bulletin board useful by posting up-to-date information about the
union’s activities, including budget and other legislative fights, as well as important
grievance and arbitration decisions and collective-bargaining updates. Post all UFT
materials on the bulletin board as soon as you receive them. Invite members to get
involved in union initiatives.
4) Face-to-face communication. Personally approach members who are directly
affected by the issues. Make a point of introducing yourself to new members in your
school and offer them your support.
Hold monthly consultation meetings with the principal – Improvement
s in your school are
up to you and your members. The principal must meet monthly with a UFT consultation
committee to discuss m
atters of school policy and implementation of the contract (Agree. Art.
19H). The UFT chapter should decide how it wishes the school procedures and routines to
be changed and give guidance to the committee that meets with the principal. Minutes of
these meetings should be made available to the chapter members preferably through the
chapter newsletter or at chapter meetings.
Version 1.1
Back to table of contentsBack to table of contents
Creating parent support
Meet and confer with the Parent Association – Parents of your school can be strong allies.
Reach out to the leaders of the PA/PTA and develop ongoing communications. Alert them to
your chapter’s priorities and program when appropriate and advisable and find out what
issues are of concern to parents.
The chapter leader should confer with PA/PTA leaders on issues such as school-based
management, safety and improvement of schoolwide programs.
Parents also might be interested in learning more about UFT-sponsored programs and
materials that offer direct help to families, such as Dial-A-Teacher, the union’s annual
borough parent conferences and the UFT Albert Shanker Scholarship Program. Make sure
Dial-A-Teacher information is distributed as soon as it arrives. It really helps students
complete their homework.
Parent outreach is of the greatest importance to the UFT, because from partnership comes
progress for all our kids.
The UFT has a great parent liaison in every borough (contact them through the borough
offices, listed at the front of this manual), along with conferences, workshops and committees
to help engage parents in all critical areas of their children’s education. School + parents +
students = success.
Contract enforcement/conflict resolution
Your job is multifold – In addition to your work in building the chapter and organizing your
school, you have an important role in resolving grievances and enforcing various contracts. It
is important that you deal with situations in the school in a way that demonstrates that the
UFT is concerned about members’ professional welfare, and that it stands ready and able to
help them.
One of the purposes of the grievance procedure is to secure the satisfactory resolution of
disputes. That is why the UFT places so much emphasis on the “conference” rather than the
“hearing” as a step in the procedure. This is by no means merely a semantic difference. It is a
frank recognition that there must be free communication and mutuality of striving in order to
reach such resolutions.
A word of caution – Don’t let personal likes and dislikes influence your decisions. Always
keep in mind the need for unity in the chapter. If a problem seems likely to arouse dissension
within the chapter, try to handle it so as to secure a consensus rather than a simple majority.
Seek assistance from your district representative if you need it.
Version 1.1
Back to table of contentsBack to table of contents
EDUCATION
REFORM
Education reform, shared decision-making, teacher empowerment or whatever
terminology is used can take place only in a school where the chapter is strong. The
contract provides the means of beginning this process. Professional conciliation
(Agree. Art. 24), School-Based Options (Agree. Art. 8B), etc.
Remember that you must lead the chapter in the discussion, development and
implementation of these initiatives. Your district representative and other union
resources and people are there to provide assistance.
UFT chapter leader training and workshops
The UFT knows how difficult your job is. It has, therefore, developed an excellent
three-part chapter leading training program, offered on weekends, for new chapter
leaders. Information is sent directly to you.
Version 1.1
Back to table of contentsBack to table of contents
1) Build (and maintain) a list
a. A current, accurate list is perhaps the most important foundation for
organizing. A good list ensures you have the capacity to reach everyone quickly,
efficiently and effectively based on what kind of communication is needed.
Maintaining lists also helps keep members plugged in to the broader UFT and our
state and national affiliates.
b. The list needs to include accurate, up-to-date basic info like name, cell phone,and
non-DOE email address plus additional relevant info like job title, grade level, and
room/office number. Also include membership information (are they a member or
potential member?).
c. Think about taking your list to the next level with some additional pieces that
will help you build connections, plans, and power for your chapter:
• Roles and responsibilities people have in the chapter or school (committees,
chair-ships, etc.)
• Any outside organizations or causes in which they are active
• What’s important to them—specific contract or policy issues, political or social
justice issues, benefits most important to them, etc.
• Notes about schedule/availability—planning period, lunch, etc.
• Important personal details like birthdays, areas of expertise, goals, kids' names,
pets, etc.
2) Build a team
a. An active, cohesive chapter with real power and voice to impact working and
learning conditions can’t be JUST YOU. Identifying and recruiting colleagues to
support you and the work of our union will make you stronger and make
your load lighter.
A Few Organizing Tasks of members
Version 1.1
Back to table of contentsBack to table of contents
b. Whether it’s called a membership team, organizing committee or something else—
the foundational role it plays is the same. It’s your support and action team and
should be the heartbeat of our union at the school/worksite level.
c. The goal is to reach a 1:10 ratio of committed union leaders to members.
Moving toward that goal gets us closer to being able to effectively reach and
represent all members and make sure that every member feels that they have a
strong point of contact with their union. Your team should also be fully
representative in as many ways as possible — race, gender, job type/title, subject
area, years of experience, etc.
3) Build community
a. Seek out and support new employees and help connect them to their union. Use a
“first friend, best friend” approach.
b. The “work” of the union isn’t just contract enforcement, COPE, and committee
meetings. Building stronger social connections and personal relationships
makes our union vibrant and vital in members’ lives. You can support this
through 1-on-1 communication and by pulling together things that are likely
already happening in your building — celebrating birthdays and holidays, after-
school gatherings, kids’ graduations, retirements, etc.
c. Think about how to connect with students, families, and community to build a
stronger chapter and school. Effective engagement can strengthen connections
between educators and the people/communities we serve. And these potential
partners can be valuable allies and advocates at the school level and beyond.
Version 1.1
Back to table of contentsBack to table of contents
A Few Organizing Tips:
1) For everything you do, ask yourself, “How does this build my chapter?” If you
can’t answer that easily, ask yourself, “How can I use this to build my chapter?” Using
this approach to help you plan and prioritize keeps your focus on building power
and capacity rather than just staring down an ever-growing to-do list. You want to
empower members, drive solutions, and be a movement leader rather than just a
recruiter, fixer, and information distributor.
2) Every issue or problem is an opportunity. Every task is a chance to get a member
active or develop new leaders to support you. Any problem that arises for an
individual or for the whole group is a chance to create a shared vision of change,
make a plan, and implement the plan together. The process of working together to
make positive change is where the magic happens. Asking fellow members to help lead
and carry out the work secures deeper commitment, makes it possible to get more
done, and builds an active union culture that will carry into the future.
3) Celebrate wins! Make sure you broadcast shared successes—big and small. From
successfully changing a PD session to something actually relevant to you and your
colleagues to winning citywide paid parental leave, let people know that THIS is an
example of what we can win when we stand together. Also remember to recognize
exceptional work and achievements of individuals. Our members and our union are
routinely doing amazing things. Let’s make it a routine to celebrate that.
Version 1.1
Back to table of contentsBack to table of contents
Examples of School Actions
Wearing the same color
Wearing a button or sticker
Decorating bulletin boards
Signing a letter or petition
Doing a social media action
Informational leafleting
Turning out for SLT/PTA meetings
Rallying outside the school
Version 1.1
Back to table of contentsBack to table of contents
Member Engagement Tools
one-on-one conversations
holding chapter meetings
committees
having social gatherings
publishing newsletters
inviting speakers from the
UFT
utilizing your UFT bulletin
board
inviting chapter members
to union events
being politically active
making sure everyone is a
union member
welcoming and supporting
new employees
doing birthday shout-outs
• signing up for an account
on the UFT website
downloading the UFT App
creating an email
distribution list, emailing
members regularly
creating text/phone tree
lists
asking chapter members
for help with chapter
activities
community/parent
engagement
connecting/engaging
through social media
participating in school
actions
Version 1.1
Back to table of contentsBack to table of contents
The New York City Department of Education released new Social Media Guidelines that
detail “recommended practices” for the use of social media both professionally and
personally. The Guidelines cover Facebook, Twitter and other forms of electronic
communication through which users create online communities; they do not cover texting
and cellphone use.
The UFT believes that appropriate use of technology in the classroom fosters more engaged
learning and inspires students to participate in their education in new and exciting ways.
While the DOE has spent considerable time, effort and resources to integrate technology in
the classroom, it is clear that its new Social Media Guidelines do more to discourage the use
of this technology than to encourage its appropriate use. The UFT agrees that the Internet
should be a safe place for members and students to do the work of teaching, learning and
communicating, but the union doesn’t want to curtail appropriate uses of new technology
that engage students and help them learn. The UFT hopes that its members who use social
media sites productively and appropriately.
That said, you need to be careful. This overview should not in any way be interpreted to
replace or substitute for the official guidelines, which were created by the DOE.
Your privacy settings on social media
The DOE puts the onus on you to monitor your own social media presence and maintain an
awareness of current and future privacy settings. The UFT encourages you to review your
existing social media site accounts to make sure they comply with these guidelines and to
make the appropriate changes if they don’t.
Professional vs. personal social media
The DOE guidelines make the following distinction between professional and personal media
(the following definitions are taken directly from the DOE guidelines):
Professional social media is a work-related social media activity that is either school-based
(e.g., a DOE principal establishing a Facebook page for his/her school or a DOE teacher
establishing a blog for his/her class), or non-school-based (e.g., a DOE office establishing a
Facebook page to facilitate the office’s administration of a Chancellor’s Regulation).
UFT Recommendations on DOE’s Social Media Guidelines
Version 1.1
Back to table of contentsBack to table of contents
Personal social media use is a non-work-related social media activity (e.g., a DOE central
administrative employee establishing a Facebook page or a Twitter account for his/her own
personal use).
Remember
• Mandated reporting will be enforced for all social media use.
• Chancellor’s Regulations and other applicable laws will be enforced for all social media
use. (See Section F, page 5 of the guidelines for information and links to other applicable
state, federal and local laws.)
• The DOE will use the Social Media Guidelines for employee discipline.
• The DOE’s Social Media Guidelines apply only to DOE employees. Students are covered
by the Student Discipline Code.
• Be aware that the DOE has a right to monitor your professional social media sites and
has access to all of your public online behavior. If you have any concerns about a post,
you should consult with the UFT before you post, not after.
Version 1.1
Back to table of contentsBack to table of contents
• Use the schools.nyc.gov email address that the DOE has assigned you for work-related
correspondence.
• Have separate email accounts for personal life and work.
• If you regularly use your personal email for professional use, the DOE will consider it your
professional email and hold you to that standard. If you have linked your professional
social media site to a personal email address, you should immediately transition the site
to a professional email address.
• You are required to get supervisor approval before creating (or get now if you already
have created) a professional social media presence. Supervisors or their designees
should be given administrative rights or access, including passwords, to these sites.
• Treat professional social media sites like the classroom or workplace.
• Use privacy settings to control access to the site and “ensure” that communications
ONLY reach the intended audience. The DOE recommends that professional social
media sites generally should be private networks.
• Do not post personally identifiable student photos or information of any kind without a
signed parent release form.
• If a student posts a picture of another student on your social media site, take it down.
You may want to advise students who participate on your site that they are prohibited by
the DOE from posting such photographs on professional social media sites.
• There is no expectation of privacy for professional social media use.
• UFT members should neither volunteer nor be assigned to monitor school-wide social
media sites. Notify your chapter leader if your administration has told you to monitor
these sites. The DOE will regularly monitor professional social media sites.
• The DOE recommends that default settings for comments on professional media sites be
turned off. Remember, if the default setting for comments is turned on, you must
monitor the comments on that site on a daily basis.
Guidance for Using PROFESSIONAL Social Media
Version 1.1
Back to table of contentsBack to table of contents
• Do not communicate personally with currently enrolled DOE students on personal social
media sites. Banned communication includes, but is not limited to:
Friending
Following
Commenting
Posting
• Use common sense, professional judgment and caution.
• Do not “tag” photos or videos of DOE employees, volunteers, contractors or vendors
without their permission.
• Do not post personally identifiable student photos or information or tag photos or videos
of students on personal social media sites.
• These rules apply 24/7 every day of the year.
• Do not use the DOE logo or link to the DOE website or DOE materials.
• The UFT recommends that you not specify the DOE as an employer to avoid appearing in
targeted web searches (i.e. use “literacy teacher” instead of “7th-grade literacy teacher at PS
123K”).
• Refuse or ignore requests from any New York City public school students to join social
media networks.
• Do not give students your personal contact information.
• If you use social media for personal purposes, you should take immediate steps to
remove current DOE students from those sites.
Guidance for Using PROFESSIONAL Social Media
Version 1.1
Back to table of contentsBack to table of contents
by Miles Klee via The Daily Dot on September 22, 2014
1) It’s evidence of a crime you committed.
Nary a day goes by anymore without a story about idiot thieves accidentally outing
themselves with a photo taken on a stolen device—at this point, such cases are barely worth
reporting. We get that you’re excited to play with your ill-gotten toy, but one of the neat
things about iPhones is that they’re connected to the iCloud, and if that service can’t keep
Jennifer Lawrence’s nudes secure, well, what hope is there for you? (Likewise, try to refrain
from providing proof that you are in a gang, grow weed, get minors drunk, or torture
animals.)
2) It’s hate speech.
Facebook isn’t a Ku Klux Klan rally, no matter how much white people love it, and trust us,
you’re not impressing anyone but your crotchety great-uncle when you drop the n-word. In
fact, with each pointless hateful comment, more and more of your “friends” are silently
blocking you from appearing in their news feeds, until at last one day you are simply
screaming into the void, with no one to answer — as fitting a punishment as we can imagine.
Also, your insecurity is showing.
3) It contains sensitive information best communicated in person.
Here are a few examples of announcements that work just fine online: graduated, engaged,
married, baby born, going on vacation, new job (as long as your current boss already knows,
of course), bought a house, finished the crossword in Sunday’s New York Times. Some
things you may want to play closer to the vest: a sudden death, an acquaintance going to
rehab, the details of your ongoing divorce, a scathing opinion of your child’s private
preschool. Comments about these matters are almost always improper in a public setting—
you wouldn’t shout this stuff in the middle of Times Square, would you?
4) It’s asking for inappropriate “likes.”
Brands and news outlets are often worse about this than individuals, but nevertheless, it’s
best to avoid making the impression that you’re exploiting a tragedy for attention and clicks.
Try to remember that “likes” and shares are are only a valuable currency in your own Web-
addled mind, a consensual delusion of sorts, and that the sanctity of human life, such as it
is, definitely outweighs the opportunity to “win” whatever media micro-cycle we find
ourselves in at the moment. Believe it or not, the average person’s emotional range extends
beyond a thumbs-up or withholding of same.
7 Signs You Shouldn't Put That on Facebook
Version 1.1
Back to table of contentsBack to table of contents
5) It involves someone who wouldn’t want you to post it.
Other people in your proximity may not share your devil-may-care attitude about personal
privacy; do them a solid and ask yourself whether they would consent to being tagged in
whatever you’re about to say. Even friendly ribbing can look like cyberbullying and explode
into unnecessary drama. For that reason, too, you’re better off having any heated arguments
far away from your Facebook wall, where randos can rubberneck, throw fuel on the fire, or
screencap it for Reddit’s amusement. We can’t imagine anybody has ever successfully
hugged it out over the Internet, either.
6) It might get you fired — or prevent you from getting a job.
Much as you wouldn’t show up to a job interview in blackface and slurping from a classic red
Solo cup, we’d advise you not reveal that behavior on Facebook. Because guess what? The
last person who hired you—and the next—are on Facebook as well. It may not be fair that
employers take your drinking or drug use into account when making hiring decisions, but
that won’t stop them from doing it. Oh, and if you’re a teacher, you might want to steer clear
of social media altogether, because your students will inevitably use it against you.
7) It’s intentionally antagonizing or stupid (i.e., a teenager would find it funny).
Perhaps you remember the Pennsylvania 14-year-old currently facing two years of jail time
for mimicking oral sex with a statue of Jesus? Just imagine: if he’d had a better sense of
humor, he wouldn’t have become fodder for the spurious “War on Christianity” narrative Fox
News seems bent on peddling. (Besides, when it comes to casual blasphemy, you kind of
have to be there.) The trick here is to put yourself in your grandmother’s slippers and decide
whether she would approve of what you’re doing. No? Then delete or put it in a scrapbook.
That way you can look back fondly on your dumb hijinx instead of apologizing for them.
Version 1.1
Back to table of contentsBack to table of contents
Elections/Referenda Source
Required
vote
Who may vote
Election of chapter
leader
UFT Notice of Election
Simple
majority
(50% + one)
All UFT members
Election of school
delegate
UFT Notice of Election
Simple
majority
Only UFT teachers
Election of
paraprofessional
delegate
UFT Notice of Election
Simple
majority
Only UFT
paraprofessionals
School Leadership
Team
Chancellor’s
Regulation
Simple
majority
Any member of the
bargaining unit
C-30 elections Chancellor’s
Regulation
C-30
Simple
majority
Any member of the
bargaining unit
School-wide projects
referenda
Department of
Education (DOE)
Memorandum #23
1997-1998
60%
Any member of the
school or program
Referendum to
determine a 7 or 8
period day
Circular 6R 1998-1999 55%
Any member of the
bargaining unit
Referenda for School-
Based Options
Contract Article 8B;
Circular 6R
55% All UFT members
Referenda for
compensatory-time
positions and cluster
positions
Contract Articles 7A3,
7B3, 7C2; Circular 6R
55% All UFT members
Please be aware that failure to adhere to procedures can lead to challenges to the
election results. If sustained, these challenges can overturn those results. For this
reason, it is important that procedures be followed as carefully as possible
Chapter elections and referenda:
There are a variety of elections that may be conducted in your school under your direction. The
following chart gives the vote percentages required
for the various referenda.
Version 1.1
Back to table of contentsBack to table of contents
School Based Options (SBOs)
Version 1.1
If your chapter would like to renew an SBO or implement a new SBO, you
can begin to discuss options at your March chapter meeting.
An SBO allows staff at a school the opportunity to collaboratively modify
contractual articles or to create positions not automatically allowed under
the contract. You can use the SBO process to change your school
schedule, including when members engage in professional development,
parent engagement and Other Professional Work; change the dates for
parent-teacher conferences; and create comp-time positions.
An SBO can be proposed by either the principal or the chapter leader on
behalf of the chapter. However, a principal cannot force the chapter to hold
a vote on any SBO, and an SBO cannot be adopted unless at least 55
percent of the UFT members voting support the modification.
All SBO voting will be conducted through the secure Election Buddy online
voting system. Find comprehensive information about the SBO process on
the UFT website. If you have questions, please contact your district
representative.
If your chapter would like to renew an SBO or implement a new SBO, you
can begin to discuss options at your March chapter meeting.
See www.uft.org/sbo for SBO guidance and sample templates.
Back to table of contents
TIME AND ATTENDANCE
Sick leave
• Personal days
• Medically certified absences
• Paraprofessional self-treated days
Cumulative Absence Reserve (CAR)
• Borrowed Sick Days
• CAR Rules
Absences
• General rules
• Non-Attendance
• Court
• Conferences/meetings/conventions
• Special non-attendance days
o Religious observance
o Jury Duty
o Graduation
Work day
• Length of day
• PD days
• Length of year
• Paraprofessional work day
Time clocks
Lateness
Bereavement
Per-session rules
Resources
and documents
Version 1.1
Back to table of contents
Time & Attendance
Updated: 2019
1. Pedagogues and paraprofessionals earn one (1) sick leave day for every month in which
they are in service at least 16 calendar days.
2. The maximum number of sick leave days earnable in a school year is 10. You do not start
the year with 10 days.
1. Pedagogues and paraprofessionals are entitled to use three (3) sick leave days for
personal business during the school year.
2. Personal business days are not in addition to sick days. That is, if three (3) personal
business days are used, then the employee can only use seven (7) self-treated days during
the school years.
3. Three personal days can be used to care for a family member.
4. Personal business needs to be prior approved by the principal (Form 198).
5. Personal business is intended for business that cannot be conducted outside of the school
day.
Medically certified absences are without limit as long as the Cumulative Absence Reserve (CAR)
balance permits. Absences exceeding the CAR balance result in pay deductions.
While they are without limit for salary purposes, there may be a disciplinary component.
(See Chancellor’s Regulation C-601)
1. Paraprofessionals cannot use more than three (3) consecutive self-treated sick days. The
fourth (4
th
) without a doctor’s note would result in a pay deduction.
2. Paraprofessionals cannot use more than five (5) self treated sick days in a five month
period (from September through January and from February through June. The sixth (6
th
)
would result in a pay deduction.
3. Paraprofessionals cannot use more than ten (10) self-treated days in a 10 month period.
Any days in excess of 10 will result in a pay deduction.
Sick Leave
Personal Business Days
Medically Certified Absences
Self-Treated Absences (For Paraprofessionals)
Version 1.1
Back to table of contents
Back to Time/Attendance
Time & Attendance
Updated: 2019
Sick leave accrues at the rate of one sick day for each month of service on the 16th
of the month. Pedagogues have 10 days’ sick leave per year. Unused days
accumulate up to a maximum of 200 days for appointed pedagogues. Regular substitutes
can earn a maximum of 120 days.
A pedagogue who ceases service after the 16th of a month is considered to have
earned a sick day for that month. A pedagogue who commences service prior to the
15th of a month and continues through the balance of that month is considered to
have earned a sick day for that month.
Unused sick leave accumulated as a paraprofessional shall be transferable to the
sick bank as a regular substitute or an appointed teacher. (See Art. 19 Paraprofessional
Contracts)
Unused sick leave accumulated in per-session activities shall be transferred
to the employee’s sick bank. Employees are entitled to one session of unused sick time for
20 sessions worked in a specific per-session activity during the school year. During the
summer pedagogues and paraprofessionals earn one session each for July and August;
one can be self-treated and one must have a doctor’s note. Be sure to complete a per-
session CAR transfer form at the conclusion of the activity.
Illnesses caught from contact with children in the school who have measles (but not
German measles), mumps or chicken pox (but not shingles) shall not be treated as school-
related injuries, and are not chargeable to the CAR. (It is not necessary to have come in
contact with children having these illnesses.)
Cumulative Absence Reserve (CAR)
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
In cases of Hepatitis B, days shall not be deducted from the CAR when the teacher has
been working with students evaluated as presenting a substantial risk of acting out.
Pedagogues on regular appointment accepting regular substitute teaching positions in
order to establish eligibility for other licenses will be credited with their cumulative
reserves as regular teachers during their period of substitute service.
Pedagogues on regular appointment called to military duty will be credited upon their
return with the same sick leave allowance for the period of their military service as they
would have been entitled to if they were in school.
Employees of the Board of Higher Education who transfer as regular appointed
teachers to the DOE shall have their CAR transferred and credited to them, but not in
excess of the maximum number of days creditable in this system.
If not already received in termination pay regular appointees reinstated after
retirement will be credited with CAR remaining to their credit upon resuming service.
Employees on sabbatical as of Feb. 1, 1994, shall not accrue days in their CAR for the
period of the sabbatical leave.
BORROWED SICK DAYS (See Agree. Art. 16A9)
Regular Appointed Pedagogical Employees May Borrow Up To 20 Days.
As provided in the Collective Bargaining Agreements, regularly appointed
pedagogical employees whose sick leave is exhausted may, in case of need, borrow
up to 20 additional sick days. At no time may the cumulative absence reserve (CAR)
show more than 20 borrowed days.
Borrowed Sick Days May Be Used In the Same Manner As Earned Sick Days.
A sick day, whether earned or borrowed, may be used for any purpose for which
absence may be authorized against deduction from the cumulative absence reserve
(CAR).
Provided that the pedagogue has sufficient days (earned or borrowed) to do so, up
to 10 days per school year may be excused for self-certified absence.
A paraprofessional may borrow up to 10 days upon approval from the Division of
Human Resources.
CAR Continued
Version 1.1
Back to table of contents
Back to Time/Attendance
Updated: 2019
Rules for CAR Days: Article 16-Leaves
Cumulative Absence Reserves and Sick Leave
1. Teachers on regular appointment reinstated after retirement will be credited with the
cumulative reserves remaining to their credit upon retirement and such reserves as they
accumulated as regular substitutes.
2. Teachers on regular appointment who resign or retire will be credited upon resuming
service as regular substitute teachers with 120/200 of the unused cumulative reserves
remaining to their credit upon resignation or retirement.
3. Teachers on regular appointment accepting regular substitute teaching positions in order
to establish eligibility for other licenses will be credited with their cumulative reserves
as regular teachers during their period of substitute service.
4. Teachers on regular appointment called to military duty will be credited upon their
return with the same sick leave allowance for the period of their military service as they
would have been entitled to in school service.
5. Teachers on regular appointment whose licenses are terminated will be credited with
120/200 of their unused cumulative reserves if they then serve as regular substitutes, or if
appointed anew, with their unused cumulative reserves.
6. Employees of the City University of New York who transfer as regularly appointed
teachers to the Board shall have their cumulative reserves transferred and credited to
them, but not in excess of the maximum number of days creditable in this system.
7. Unused sick leave accumulated as a per diem substitute shall be transferable to the
teacher’s "bank" as a regular substitute or appointed teacher.
8. Unused leave accumulated as a paraprofessional or substitute vocational assistant or
teacher’s assistant shall be transferable to the teacher’s "bank" as a regular substitute or
an appointed teacher.
9. A teacher on regular appointment who has exhausted his/her cumulative sick leave may
borrow up to 20 days of additional sick leave. However, in order to assure that borrowed
sick leave is repaid, the employee may be required to sign an appropriate document
prepared by the Board acknowledging a legal obligation to repay upon the cessation of
service. For purposes of this provision "cessation of service" shall mean resignation,
retirement, termination for cause or death.
10. Sick leave privileges shall extend to the taking of annual physical checkups or the
taking of annual laboratory tests. Such absences shall be limited to one day in each
school year.
11. Teachers on regular appointment shall be granted absence refunds for illness on
application, without a statement from a physician, for a total of no more than 10 days in
any school year. Teachers will be allowed to use three of such 10 days of sick leave for
personal business provided that reasonable advance notice is given to the head of the
school. Teachers may use the days allowed for personal business for the care of ill family
members. For the purpose of this provision, family member shall be defined as: spouse;
natural, foster or step parent; child; brother or sister; father-in-law; mother-in-law; any
relative residing in the household; and domestic partner, provided such domestic partner
is registered pursuant to the terms set forth in the New York City Administrative Code
Section 3-240 et seq. Days off for personal business are intended to be used only for
personal business which cannot be conducted on other than a school day and during other
than school hours.
12. Regular substitute teachers shall be granted absence refunds for illness on application,
without a statement from a physician, for no more than five days in one school term.
However, regular substitute teachers who serve two terms in one school year shall be
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance: Article 16-Leaves
Updated: 2019
granted a total of no more than 10 such absence refunds during the two terms, three of
which may be used for personal business provided that reasonable advance notice is
given to the head of the school. Regular substitute teachers may use two of the three days
allowed for personal business in any school year for the care of ill family members. For
the purpose of this provision, family member shall be defined as: spouse; natural, foster
or step parent; child; brother or sister; father-in-law; mother-in-law; any relative residing
in the household; and domestic partner, provided such domestic partner is registered
pursuant to the terms set forth in the New York City Administrative Code Section 3-240
et seq. Days off for personal business are intended to be used only for personal business
which cannot be conducted on other than a school day and during other than school
hours.
13. Teachers covered by the Workers’ Compensation Law may receive full pay for the first
five days of absence resulting from injury which they claim was sustained in the course
of their employment. Subject to the limitations of Workers’ Compensation Law, such
absence may b
e charged against sick leave reserve if the teacher submits a doctor’s
certificate as required under the by-laws of the Board.
14. Teachers serving in schools shall not suffer loss of sick bank days for absence due to
illness from the following children’s diseases: rubeola (measles), epidemic parotitis
(mumps), and varicella (chicken pox). It is understood that this paragraph does not apply
to rubella (German measles).
15. The Board will approve absences without loss of sick bank days for teachers who
contract Hepatitis B as a result of working with children who have been evaluated as
presenting a substantial risk of exhibiting acting out behavior.
16. Employees who are absent due to allergic or positive reaction from a skin test shall not
suffer loss of sick bank days.
17. Teachers who resign or retire shall, upon application, receive termination pay on a basis
of one half of up to 200 days of the unused sick leave accumulated as a regularly
appointed or regular substitute teacher. If the resignation or retirement becomes effective
at any time other than the end of a school year, sick leave for the period of service during
that school year shall be paid at the rate of one day for each two full months of service.
Effective upon ratification and adoption of this Agreement termination pay pursuant to
this provision shall be paid in three equal cash installments payable two months, fourteen
months and twenty six months following his/her termination date.
18. The estate of a teacher who dies during the term of this contract shall receive
termination pay calculated on the same basis. This paragraph shall not apply to those
teachers who are presumed to have retired on the day immediately preceding their death
pursuant to Section 13-545 of the Administrative Code of the City of New York, as
amended.
19. Absence for illness after September 1, 1967, will be charged on a day-for-day basis to
any unused sick leave accumulated prior to September 1, 1967.
20. Absence immediately prior to resignation shall be paid on the same basis as termination
pay.
21. Employees on sabbatical leaves of absence shall not accrue days in their cumulative
absence reserves for the period of the sabbatical leave.
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
Absence due to illness and personal business days: (See Agree. Art. 16)
Pedagogues on regular appointment shall be granted absence refunds for illness on
application, without a statement from a physician, for a total of no more than 10 days in
any school year.
If a supervisor suspects an abuse of the above, he/she may investigate and attempt to
deny payment if he/she finds that the pedagogue was not really ill or did not require a
personal business day to take care of a matter which could have been handled outside
of school hours. No employee shall be disciplined, adversely rated or have any
derogatory material placed in his/her file for taking an approved sabbatical for
restoration of health, approved unpaid leave for restoration of health or a central DOE
approved paid leave. Discipline for time and attendance is not a reflection of the
employee’s performance while at work.
The minimum charge against the cumulative absence reserve (C.A.R.),
in the case of time taken for personal business, is one day. A pedagogue may not
submit an application for excuse of absence with pay due to personal business for less
than one day.
Regular substitute pedagogues shall be granted an absence refund for illness upon
application without a statement from a physician, for no more than five school days in
one term. However, regular substitute pedagogues who serve two terms in one school
year shall be granted a total of no more than 10 such absences refunded during the
two terms, three of which may be used for personal business that cannot be conducted
on other than a school day and during other than school hours.
Sick leave privileges shall extend to the taking of annual physical checkups or the
taking of annual laboratory tests. Such absences shall be limited to one day in each
school year and shall be deducted from the C.A.R.
Absences
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
Pedagogues serving in school shall not suffer loss of days from the C.A.R. for
absence due to illness from the following children’s diseases: rubeola (measles),
epidemic parotitis (mumps) and varicella (chicken pox).
Teachers who contract Hepatitis B as a result of working with children who have
been evaluated as presenting a substantial risk of acting out behavior will not suffer loss
of sick bank days.
Employees who are absent due to an allergic or positive reaction from a Department of
Education (DOE) mandated skin test shall not suffer loss of sick bank days.
Teachers of technology education, trade teachers, Department of Education nurses,
therapists, paraprofessionals and lab specialists are covered by workers’ compensation.
These members may receive full pay for the first five days of absence resulting from injury
that they claim was sustained in the course of their employment. Subject to the limitations
of the Workers’ Compensation Law, such absence may be charged against sick leave
reserve if the member submits a doctor’s certificate as required under the By-Laws of the
DOE. (See Workers’ Compensation.)
CTE teachers and lab specialists can opt for LODI or Workers’ Comp.
All persons who participate in a grievance conference that is held during the school
day shall be excused with pay.
Any participant who has been invited or required to appear before a DOE
committee hearing shall be excused with pay.
Pedagogues whose absence from their day school positions is excused with pay for illness
MAY NOT SERVE IN AFTER-SCHOOL PROGRAMS ON THE SAME DAY.
This does not apply to absence for other causes excused with pay.
Absences Continued
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
Absence Excused As Non-Attendance
Should apply in advance using the OP201 for pedagogues and PD19 for
paraprofessionals and administrative employees (see administrative guidelines).
Court appearances or appearances before a public board or officer, provided
they are on account of Department of Education business, or an employee may be
granted non-attendance if summoned as follows:
Before court, public board, commission or officer in a case where neither employee
nor anyone related to the employee in any way has a financial or personal interest
either directly or indirectly and where the employee’s attendance is not required as a
result of any employment, occupation or voluntary act by the employee.
Attendance at education conferences, meetings or conventions for a variable
number of days, provided the member is a delegate, auditor or a participant at a
specialized subject conference relevant to the teacher’s immediate duties. Fare and
other expenses may be aid for teachers especially designated to attend by the
chancellor or appropriate superintendent.
Delegates do not have to be released as nonattendance for NYSUT RA, AFT
Conferences or any other union conferences.
Lateness for up to three hours on account of extraordinary delay in transportation,
approved by the principal, is nonattendance with pay. The superintendent may excuse
an absence up to two consecutive school days on account of extraordinary delays in
transportation. Other titles should see their respective guidelines.
Absences Continued
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
• Religious Observance
An employee may use his/her three (3) personal business days or take a daily deduction in
his/her salary for each day he/she does not report to work for a religious observance. The
deducted amount will equal the amount it cost the Board of Education to hire a per diem
substitute for the day.
Paraprofessionals who exceed 3 personal business days for religious observance, receive a
payroll deduction.
• Jury Duty
You are not deducted any days and are paid your salary. Any compensation received for jury
duty must be paid to the Board of Education.
• Graduation
Special Non-Attendance Days
If your son, daughter, spouse or domestic partner is receiving a diploma or degree, you may
be absent for one day to attend the graduation without it being deducted from your CAR. If
the graduation is set at a distant place, and the principal and superintendent give you prior
approval, you may take three days.
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
LENGTH OF THE SCHOOL DAY (See Agree. Art. 6A)
The school day for teachers serving in single-session schools is six hours and 20 minutes,
inclusive of the lunch period.
In the MOA of June 2014, the workday was reconfigured such that the 150 minutes per
week and all faculty and grade conference time will be used in the following way for a
period of one school year. This workday configuration has been extended through the
2015–16 school year. Before the end of the school year, the UFT and DOE will decide
whether to extend this configuration further.
The school day for all teachers and paraprofessionals shall be six hours and 20
minutes On Monday, there shall be 80 minutes of professional development
immediately following the conclusion of the workday. On Mondays the day can end no
later than 4 p.m. On Tuesday, there shall be a 75-minute block immediately following
the conclusion of the school day which consists of 40 minutes of parent engagement
and 35 minutes of other professional work. On Wednesday through Friday, the day
shall begin no earlier than 8 a.m. and end no later than 3:45 p.m.
On citywide professional development days, the workday shall be 6 hours and 50
minutes.
If the UFT and DOE do not agree to continue with the changes indicated above, then
the workday will revert to the extended 37.5 minutes Monday through Thursday.
Multi-session schools and District 75 schools will have a six-hour, 50-minute day as
well as one faculty conference a month and one departmental/grade meeting a
month. Multi-session and District 75 schools are encouraged to find ways to include
time for professional development, parent engagement and other professional Work within
the school day.
In May 2015, the parties agreed to reached to continue the above workday configuration
for the 2015–16 school year. The parties clarified the contract language concerning OPW
as follows: “For the time allotted for other professional work, teachers can choose from the
activities listed in the contract over the course of the year. Principals can direct the
teachers to an activity on the list ‘‘on an as needed basis’’ to improve class instruction and
meet the needs of the school as outlined in its Comprehensive
Education Plan.
LENGTH OF THE SCHOOL YEAR (See Agree. Art. 6C)
The work year for employees begins on the Tuesday following Labor Day. Part of that day
shall be used for classroom preparation. Teachers shall be in attendance on all school
days except for the last two weekdays of the month of June.
The official school calendar shall provide for a one-week February midwinter
recess that includes Washington’s Birthday. Effective 2014–15, schools will close for Eid
al-Adha and Lunar New Year.
PARAPROFESSIONAL WORKDAY (See Agree. Art 5B)
Paraprofessionals shall have the same default workday as teachers in single-session
schools except that on Tuesdays when school is in session paraprofessionals shall only
be required to work a 70-minute block instead of a 75-minute block.
Updated: 2019
Work Day
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
Time Clocks
TIME CLOCKS (See Chanc. Memo. #30, 1986–87, time clock arbitration)
Alternative plans to record absence and lateness have been devised in the schools
so that time clocks can be eliminated. This action was taken as a step toward professionalizing
teaching.
Paraprofessionals are not required to use a time clock to record daily attendance.
Paraprofessionals shall follow the same timekeeping procedures as other UFT represented
professional titles in their school/work place.
In cases of individual documented abuse, an individual paraprofessional may be
required to use the time clock for a pre-determined period of time if there is evidence
of excessive lateness.
Per Chan. Reg. C-175, Per-Session Employment, a time clock must be used
wherever possible in recording the hours of per-session employment.
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
An employee is considered late if not at his/her assigned work location regardless of arrival
time to the school.
At the discretion of the principal fractional absences at the start of the day may be
considered as non attendance (transportation delay, personal business, own illness or
child’s illness)
For pedagogues, lateness (not approved for non attendance) less than 30 minutes in a
school year will be recorded as lateness but will not result in a fractional pay deduction.
Lateness greater than 30 minutes in a school year will result in a pay deduction.
Paraprofessionals are given a 5 minute grace period
for payroll purposes
only and will not
receive a fractional pay deduction. Lateness greater than 5 minutes a pay deduction will
occur from their scheduled reporting time. Lateness may be used for disciplinary actions.
At the start of the day fractional absence not excused for illness is deducted from the CAR if
more than 3 hours and 20 minutes. If the CAR has been exhausted it results in a pay
deduction.
Teachers with classroom responsibilities may not report to work later in the day without
permission from the principal.
Other than for non-attendance or the illness of an employee, all fractional absence
commencing during the day results in a fractional pay deduction.
Early departure at the start of lunch or before the beginning of lunch is calculated from the
time of departure minus the lunch period; absence during lunch is calculated at the end of
the lunch period.
Early departure without permission is an unauthorized absence which may result in
disciplinary action by the principal.
Lateness
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
Non-attendance on day of death and up to
three calendar days
immediately following
(excluding weekends and holidays but not beyond the ninth calendar day from the day of
death) is granted by the principal in case of death of:
• Parent
• Child
• Bother
• Sister
• Grandparent
• Spouse or
domestic partner
• Parent of spouse
or domestic
partner
or any other relative or step relative of staff member’s personal household.
Note: Days which may be granted as non-attendance are determined as follows (assuming
no intervening holidays):
Day of Death
School Day of Non-Attendance to be Granted
Sunday
Monday
Tuesday
Wednesday
Monday
Monday
Tuesday
Wednesday
Thursday
Tuesday
Tuesday
Wednesday
Thursday
Friday
Wednesday
Wednesday
Thursday
Friday
Monday
Thursday
Thursday
Friday
Monday
Tuesday
Friday
Friday
Monday
Tuesday
Wednesday
Saturday
Monday
Tuesday
Wednesday
Additional time may be applied for and excused as absences with or without pay at the
discretion of the DOE.
Non-attendance of up to
one day
is granted by the principal in order to attend funeral of a
spouse’s or domestic partner’s:
• Brother
• Sister
• Son
• Daughter
Or the staff member’s (or spouse’s or domestic partner’s):
• nephew
• niece
• uncle
• aunt
not residing in staff member’s personal household.
(See Special Circular 16 – Bereavement)
Death In Immediate Family Or Household
Death of Relative Outside of Immediate Family or Household
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
Time & Attendance
Updated: 2019
Per session is any activity for which pedagogic employees are paid at an hourly rate.
All per session activities must be posted at least 20 school days prior to the commencement
of the activity.
Maximum total number of hours of per session work during a per session school year (July
1
st
– June 30
th
) is 400 hours. For social workers & psychologists are capped at 270 hours.
Coaches applying for waivers for athletic activities will be granted waivers, absent
extraordinary circumstances.
The maximum number of hours can be waived only if you apply for and have an approved
waiver before you exceed the maximum.
No employees may be employed in more than one per session activity during any per
session school year. There is an exception to this rule if after the position has been
advertised and no other qualified applicant is available, a person may hold a second per
session job.
Coaches can hold more than one per session job:
• If the per session activities are not overlapping or concurrent.
• They can hold two coaching positions in the per session school year in a HS inter-
scholastic sport
• or three intra-mural coaching activities in the per-session school year.
• or a combination of three from HS inter-scholastic sports or intra-mural coaching
activities
In order to claim retention rights to a position you must:
1. Have two years of continuous satisfactory service in the activity.
2. Claim retention rights on the application.
Note: Retention rights can only be claimed in one activity per school year.
A time-clock must be used wherever possible in recording the hours of per session
employment.
• No employee may work more than five (5) hours in a row without an unpaid lunch
break of at least one half (1/2) hour.
• Per session employees are not compensated for any sessions lost as a result of jury
service.
• During the school year, for pedagogues, after 20 consecutive sessions (without any
absences), their CAR is credited with the hours of a session.
• Employees who are absent from a regular school assignment due to illness may not
work the same day in an afternoon per session activity.
Per
Sessi
on Rules
(C
hance
llor's Reg C-175)
Retention Rights
Timekeeping/Attendance
Version 1.1
Back to table of contents
Back to Time/AttendanceBack to Time/Attendance
LEAVES OF ABSENCE
Introduction
Leaves of absence without
pay
• Family and Medical Leave Act
(FMLA)
•
Terminal leave
•
Leaves without pay for pedagoges
o Personal affairs
o Child care leave
o Restoration of health without pay
o Care of sick family member
o Study
o Grace period
Leaves of absence with
pay or partial pay
• Military service
• Paid parental leave
• Maternity leave
• Sabbaticals
o General rules
o Compensation
o Types
Study
Special study for state certification
Restoration of health
TB sabbaticals
Vocational High School Externship Program
Appeals procedures
Paraprofessional leaves of absence
• Personal illness
• Pregnancy related disability
• Maternity/childcare
• Illness in the immediate family
Injury in the line of duty (LODI) - for pedagogues
Workers’
compensation - for paras, nurses, OT/PTs, administrative titles, and SAPIS
titles Discipline for authorized absences
Returning from leaves
Important
resources and documents
Version 1.1
Back to table of contents
LEAVES OF
ABSENCE
INTRODUCTION
A leave of absence is an extended period of time (paid or unpaid) during which an
employee is absent from work while maintaining their status as an employee.
There are two categories of leaves of absence: medical and nonmedical.
Any regularly appointed teacher may apply for a leave of absence. Leaves of absence
with partial pay include military leaves and sabbatical leaves for study and for
restoration of health.
There are also leaves of absence without pay available for those who meet specific
criteria and require time for the adjustment of personal affairs. Any situation requiring
your full-time attention, such as child care, taking care of a sick family member or your
own illness, would apply.
During any period of absence or leave, the absent employee is responsible for
maintaining contact with the school. (Chancellor’s Regulation C603 for pedagogic
personnel — applies to all employees.)
SOLAS
The Department of Education has implemented an automated leave system for
pedagogues and paraprofessionals. The Self-Service Online Leave Application System
(SOLAS) must be used to apply for all leaves except Intermittent FMLA, Military
Leaves, Terminal Leaves and Workers’ Compensation, which must be applied for by
paper application.
Per Diem Service on Leave
Pedagogues on most leaves of absence other than for health are granted
with permission to perform occasional per-diem substitute service during
the leave (Chancellor’s Regulation C603).
UFT Membership on Leave
Members on leaves of absence can maintain their membership by sending a copy of
their approved leave for restoration of health and paying $25 for pedagogues and all
other titles, except for paraprofessionals who pay $10 to the UFT Accounting
Department.
Often a member will find that when they return from leave they have been deleted from
the computer bank showing membership in the UFT. The member should, therefore,
complete a UFT membership card; a UFT Welfare Fund enrollment form; and a COPE
card, which you should provide for them.
Version 1.1
Back to table of contents
Back to Leaves
Article 16-Leaves
Updated: 2019
1. Study related to the teacher’s license field;
2. Study to meet eligibility requirements for a license other than that held by the
teacher;
3. Acceptance of a teaching position in a foreign country for one year, with such
leave renewable for an additional year. Such teaching position shall be sponsored
or approved by the government of the United States.
The Board will recommend to the Teac
hers’ Retirement Board the granting of retirement
credit for the duration of the aforesaid leaves.
Teachers may be granted a leave of absence without pay of up to two years to adjust
personal affairs (such as the winding up of a family business on the death or
incapacitation of the family member in charge) in accordance with existing rules and
regulations. The teacher may consult with the Union with respect to the matter. Teachers
who are denied such a leave may refer the matter to the Chief Executive of the Division
of Human Resources for review and final determination.
"Urgent needs" of the school to which the teacher is assigned may be asserted by the
Board as justifying a temporary denial of any application for leave without pay.
Through at least July 31, 1995, the Board will implement a liberal policy concerning the
granting of leaves of absence without pay to UFT bargaining unit members who meet the
stated criteria for such leaves. Bargaining unit members who are denied such a leave at
the school or district level may appeal to the Chief Executive of the Division of Human
Resources, for review and final determination.
Leaves of Absence Without Pay
All pedagogues on regular appointment may apply for a contractual leave without
pay. (Each title should see their respective UFT contract/guidelines for specifics.)
1. Purposes for Which Granted
Leaves of absence without pay shall be granted upon application to teachers on regular
appointment for the following purposes:
Version 1.1
Back to table of contents
Back to Leaves
FAMILY AND MEDICAL LEAVE ACT (FMLA)
Employees are eligible if they have worked for at least one year or for 1,250
hours over the previous 12 months. Eligible employees may receive up to 12
weeks of paid (health and maternity) or unpaid leave in a 12-month period for the
following qualifying reasons:
• Maternity/child care
• Placement of a child with the employee for adoption or foster care;
• To care for an immediate family member (spouse, child or parent) with a serious
health condition; or
• To take a medical leave when the employee is unable to perform their job
because of a serious health condition
• Effective Jan. 16, 2009 — may be able to take 26 work weeks of leave in a 12-
month period for family members caring for a “covered service member” with
serious injury or illness incurred in the “line of duty on active duty,” and
Family members of personnel on active duty may take FMLA for “qualifying
exigencies,” such as short notice of deployment
The employee will be required to provide advance leave notice and medical
certification. The employee’s health coverage will remain active for the length of the
FMLA leave.
The leave is an umbrella over all other leaves. It begins on the first day an
employee is absent and is concurrent with, not in addition to, use of days from the
member’s bank.
Intermittent FMLA – taking blocks of time, or by reducing their normal weekly or
daily work schedule for an employee or family member’s serious health condition.
• Up to 60 work days
• Employee must attempt to schedule leave to not disrupt school’s operations
• Special rules for instructional staff — if planned treatment exceeds 20% of total
number of working days — possibly may require a leave or temporary transfer
Version 1.1
Back to table of contents
Back to Leaves
TERMINAL LEAVE (Retirement Leave) – Education Law 3107
Employees who are members of a retirement system are eligible, upon application, for a
terminal leave. Terminal leave shall be granted with full pay consisting of one half of
their accumulated unused sick leave, up to a maximum of one school term or the
equivalent number of school days. Leave shall not extend from one school term into the
next school term; five calendar months excluding July and August.
An employee who becomes seriously ill while on terminal leave may convert the balance
of their CAR days to a sick leave upon application. In that event, she or he becomes
entitled to her or his total accumulated unused sick leave minus the number of school
days actually taken as retirement leave.
Application for the leave must be made one month prior to the beginning of the leave.
Applications for September must be made in June.
Vacation periods intervening between the end of a retirement leave and the member’s
retirement date are deemed periods of active service for all purposes, including
compensation.
Unforeseen closing of schools or other conditions which may excuse nonattendance of
working personnel, occurring during the period of terminal leave, shall not change the
total number of days originally computed for the terminal leave applied for or granted.
The employee on terminal leave may not accept employment with the Department of
Education or the Board of Higher Education or publicly supported institutions in New
York City or New York State. There is no restriction on private employment or public
employment outside the jurisdiction of New York State.
PERSONAL AFFAIRS
Teachers may be granted a leave of absence without pay of up to two years to adjust
personal affairs (e.g., the winding up of a family business on the death or incapacitation
of the family member in charge) in accordance with existing rules and regulations.
Teachers who are denied such a leave may refer the matter to the executive director of
the Division of Human Resources for review and final determination.
NOTE: Health benefits are not granted with a leave for personal affairs.
Restoration of health leave (own illness)
Once an appointed pedagogue has exhausted his or her sick bank, borrowed days
(optional) and have been carried on payroll for 30 calendar days, you must apply for a
leave without pay for restoration of health or return to service. You must apply on SOLAS,
from the first day of absences, and provide medical documentation. If your request for a
medical leave is denied medical arbitration may be appropriate.
Care of sick family member
Duration determined by medical evaluation of the sick individual. Medical documentation is
required.
Version 1.1
Back to table of contents
Back to Leaves
Child care leaves
Can be used by either parent but not both at the same time. This leave begins six weeks
(or eight weeks for a C-section) after the birth of the baby up to the September following
the baby’s 4th birthday; leave for parents who adopt ends at the same time as the
above.
The general duration for child care leave is up to four years; however, each title should
see their respective UFT contracts or guidelines.
While on leave, the seniority that you have accrued remains unchanged. You do not
gain any additional seniority while on child care leave. School seniority (not excessing
seniority) may be affected
At the completion of the child care leave, teachers return to their school. If there is an
excessing situation at that point in time, the junior person in license is excessed.
Speech teachers must return within two years to return to their rightful place in seniority.
Each title should see their respective UFT contracts and guidelines.
Child care leave must be applied for every year.
STUDY
Related to teachers license field, to meet eligibility requirements for a license other than
that held by the teacher. See related teachers’ contract article 16E.
GRACE PERIOD
A grace period is an absence without pay granted up to 30 calendar days to a regularly
appointed pedagogue who has exhausted their CAR. A pedagogue can then choose to
borrow up to 20 CAR days or immediately go on a grace period. You are paid for
weekends and holidays and are deducted 1/300th of your gross annual salary for each
work day.
The purpose of the grace period is to allow the regularly appointed pedagogue additional
time to recover. The benefits include: remaining on payroll and continuing to accrue
seniority, CAR, pro-rata summer vacation pay and retaining their health coverage.
Grace period may not be taken on the first day of school following summer vacation and
prior to a sabbatical.
Members may request only one grace period per school year.
Version 1.1
Back to table of contents
Back to Leaves
LEAVES WITH PAY OR PARTIAL PAY
Military Leaves of Absence
Educators who are serving or who have served in the U.S. military qualify for
special leaves of absence and may be eligible for special benefits.
There are four types of military leaves that eligible employees may qualify for
outlined below.
If you are called for military leave, you will be credited with the same sick leave
allowance (one Cumulative Absence Reserve day on the 16th of each month) that
you accumulate when you are at school.
1. Military leave with pay
Employees called to duty for service in the U.S. military may be entitled to a 30-
workday leave with pay. Military leave with pay is only available for military training
or reserves or the following covered operations:
• Operation Enduring Freedom
• Operation Iraqi Freedom
• Operation Noble Eagle
• Operations specifically connected with Homeland Security
Those who qualify for a 30-workday military leave with pay may also apply for the
Extended Military Benefits Program (EMBP).
2. Military leave without pay
Employees who do not qualify for the Extended Military Benefits Program (EMBP)
will be placed on a military leave without pay starting with their first day of absence.
3. Military caregiver
If an employee's family member (spouse, child, parent or next of kin) is injured while
on active duty in the military, the employee may qualify for an FMLA military
caregiver leave, which entitles them to up to 26 weeks of FMLA leave.
4. Leave of absence without pay for spouse in military
All employees can apply for a non-medical leave of absence without pay in order to
accompany a spouse who is on active military duty.
For more information and to learn about the Extended Military Benefits Package:
Go to the Military Service section of the website>>
Version 1.1
Back to table of contents
Back to Leaves
Paid Parental Leave
The UFT secured paid parental leave for UFT-represented employees in June 2018
after months of intense negotiations with the Department of Education. The policy
provides six weeks of time off at full salary for maternity, paternity, adoption and
foster care leave.
To be eligible you must be represented by the UFT and meet the following criteria:
• You are a full-time employee OR an H-bank/non-pedagogical employee who
works a regular schedule of 20 hours or more per week
• You have been an employee and on payroll for a minimum of 12 calendar
months from your most recent date of hire.
• You have been in active status for the 12 calendar months immediately prior to
the covered event.
• F-status and per diem employees are not eligible for paid parental leave.
• Employees who have taken one paid parental leave are eligible to take another
paid parental leave after 10 calendar months of active status.
• Employees who take paid parental leave must return to work or active status for
at least 12 calendar months or they will be required to pay back the benefit.
How to apply:
1. Apply for your leave at least 15 days in advance of the anticipated date of the
birth or covered event using the Self-Service Online Leave Application System
(SOLAS). You’ll be asked if you intend to use your CAR/sick day balance and if
you plan take child care leave after the end of your paid parental leave. You will
also give your anticipated return date. This information will be provided to your
school or work site.
2. After the actual date of the birth or covered event, you have 10 calendar days to
notify the DOE via SOLAS. (You have 21 days for exceptions to this deadline for
special circumstances, such as a medical condition, a premature birth, a death in
the family or reasonable travel necessary to adopt a child.) The actual date will
be used to determine the final start and end dates of your paid parental leave.
During this time, you can also amend your application if you have changed your
mind about using your CAR balance or taking a child care leave.
3. Using SOLAS to submit the required documentation.
For more information:
Go to the Paid Parental Leave section of the website>>
Version 1.1
Back to table of contents
Back to Leaves
MATERNITY LEAVE
Maternity leave applies to all pedagogues, paraprofessionals and administrative employees
(excluding per-diem employees). The leave of absence is for six weeks after the natural birth
of the baby or eight weeks if by cesarean with medical documentation.
An employee must use her sick days. Appointed pedagogues may borrow (optional) up to
20 sick days and/or use the 30-day grace period if necessary during the six- or eight-week
maternity leave. Paras and administrative employees may choose to borrow up to 10 sick
days, but grace period does not apply.
There is no requirement that pregnant members begin their leave at any specific point in
time. A pregnancy-related illness can begin anytime during pregnancy.
SABBATICALS (See Agree. Art. 16B)
General rules
Appointed pedagogues are eligible for a one-year sabbatical after 14 years of regularly
appointed service. For the first one-year sabbatical, pedagogues may use a maximum
of three years of regular substitute service for which salary credit was granted. (If a
member has taken a six-month sabbatical prior to the first one-year sabbatical, he or
she is not eligible to use regular substitute service.)
A spring term six-month sabbatical is available to teachers for study only in the high
school and junior high school divisions; however, the six-month restoration of health
sabbatical is available to members in all divisions.
All six-month sabbaticals, including the special sabbatical for restoration of health of
less than six months, require seven years of regularly appointed service for eligibility;
no substitute service may be used. For less than six-month sabbaticals all CAR time
must be exhausted.
Sabbaticals are granted by seniority. Remember that a 28-year appointed teacher who
has taken one sabbatical now has only 14 years’ seniority toward the next sabbatical
since she or he already used 14 years toward the first sabbatical. The same applies for
the six-month sabbatical. You must subtract seven years for each six-month sabbatical
already taken.
Only 5 percent of the regularly appointed staff in a school may be on sabbatical in any
given school year.
Version 1.1
Back to table of contents
Back to Leaves
Compensation
Compensation for the one-year sabbatical is at 70 percent of the regular gross salary.
Compensation for the six-month is at 60 percent of the regular gross salary.
For health sabbaticals of less than six months, a pro-rated service deduction is used.
Pedagogues are not permitted to engage in any gainful employment or occupation or study for
any other trade or profession while on sabbatical.
If a teacher is employed in a summer school program which runs through August and is
commencing a sabbatical on Aug. 1, she or he may complete this job. The following summer,
however, she or he may not resume the activity. The teacher retains all retention rights to the
position and may resume the position the summer following the expiration of the sabbatical.
Types of sabbaticals
(All sabbaticals must be applied for on SOLAS)
Study:
Pedagogues must complete 16 credits for a one-year sabbatical or eight credits for a six-month
sabbatical. Courses are to be taken at an accredited graduate or undergraduate institution.
Courses of study are to be job-related in accordance with criteria established by the chancellor.
If a course is closed out or no longer offered, teachers should select another and notify in
writing their local instructional superintendent. Send all communications certified mail return
receipt and keep copies.
At the conclusion of the sabbatical, the teacher must have the university send an official
transcript to the local instructional superintendent or executive director through whom the
application was submitted.
Educational research projects which are offered in lieu of courses are approved after teachers
submit an outline of the proposal to the principal and the local instructional superintendent and
it is accepted by them. At the completion of the leave, the teacher must submit a copy of the
completed project to the superintendent or the executive director through whom the application
was submitted.
Special study sabbaticals to achieve state certification:
Teachers who are regularly appointed and want to be certified in a designated shortage area
may apply for a special one-year or six-month sabbatical for study relating to certification (see
list of current shortage areas below).
Any applicant applying for the special study sabbatical must meet all other requirements for
state certification, in addition to being 16 required credits. A minimum of eight credits are
required for a six-month sabbatical and a minimum of 16 credits are required for a one-year
sabbatical.
Version 1.1
Back to table of contents
Back to Leaves
Special sabbatical leave for study may be granted to complete certification in one
of the following shortage license areas:
• Deaf & Hard of Hearing – Monolingual and Bilingual (Bilingual for Spanish only)
• Limited Vision – Monolingual and Bilingual (Bilingual for Spanish only)
• Bilingual Special Education – (Spanish and Haitian Creole)
• Spanish – Secondary
• Mathematics – Secondary
• General Science – Junior High Schools
• Chemistry and General Science – High Schools
• Earth Science and General Science – High Schools
• Biology and General Science – High Schools
• Physics and General Science – High Schools
• Nursing – High Schools
• Bilingual Mathematics – Secondary
• Bilingual Sciences – Junior High & Day High Schools
• Bilingual Social Studies – Junior High & Day High Schools
• English – Junior High & Day High Schools
• Physical Education – Junior High & Day High Schools
• Special Education
• English as a Second Language – Elementary and Secondary
• Speech Improvement – Monolingual and Bilingual (Bilingual for Spanish or Haitian
Creole only)
You are required to provide a letter from your college or university, or a statement
from the New York State Education Department, confirming that you have met all
requirements except the remaining 16 or fewer academic credits needed to achieve
certification.
You must also submit the completed Application for Special Study Sabbaticals to
Achieve Certification. Individuals awarded special study sabbaticals will be required to
submit their documented proof of enrollment in an appropriate academic program at
an accredited college or university. Documentation must be submitted prior to the start
of the sabbatical, confirming that the employee has registered for 16 credits or less.
An individual who receives this special sabbatical leave of absence for study will
commit to completing certification and will accept assignment to teach in the license
area for a minimum of two years.
Restoration of health:
Pedagogues must apply online on SOLAS and upload an OP 407 (Confidential
Medical Report) and all other supporting documentation. Denial of this leave is
grievable through the medical arbitration provision of the contract. (See Agree. Art.
21J4)
TB sabbaticals:
Teachers excused from service by the Board of Health of the City of New York
because of tuberculosis may be granted up to five terms of sabbatical leave. Approval
of the school medical director is required. Sabbaticals of this type are granted without
reference to other regulations at the rate applicable to special sabbatical leaves for
restoration of health.
Version 1.1
Back to table of contents
Back to Leaves
Updated: 2019
Article 16-Leaves
. Vocational High School Externship Program
The Board and the Union agree that the following conditions apply to teachers who participate
for up to one semester in the Vocational High School Teacher Externship Program ("Program")
to upgrade their skills:
1. Participation in the Program shall be on a voluntary basis, by application following
posting in the school of the qualifications required, identification
of the sites where and
the time schedule for the training. A copy of the Agreement will also be made available.
2. Priority for selection shall be to the teacher(s) in whose room(s) the equipment is being
installed for which skills upgrading is being offered through the Program. Thereafter
preference shall be to the qualified teacher with the highest seniority in the school who
applies (or intends to apply) for the particular shop, if not inconsistent with the needs of
the school.
3. During and after participation in the Program the teacher will continue in his/her position
at the High School of Graphic Communication Arts, or other participating vocational high
school, subject to the provisions of the Collective Bargaining Agreement.
4. While participating in the Program the teacher will be relieved of classroom and other
school based professional responsibilities.
5. All compensation, seniority and benefits applicable to the teacher shall continue to accrue
during the time he/she is participating in the Program.
6. Participation in the Program shall be within the work day set forth in Article 6A of the
Agreement, Monday through Friday, and in accordance with the Board calendar with
respect to holidays, recesses and vacations.
7. Teachers may continue to work in per session programs that do not interfere with their
attendance in the Program. If a teacher is unable to continue the per session job due to
conflict with the Program’s schedule of hours, his/her retention rights in the per session
job will be treated as though he/she were on sabbatical leave.
8. Participation in the Program is conditioned upon the teacher remaining in the school
system for at least two years after completion of the externship and accepting assignments
in his/her school using the upgraded skills. But this provision shall not entitle the Board to
involuntarily transfer the teacher except as authorized under the Collective Bargaining
Agreement. Similarly, the teacher may not transfer out of the school during the two year
period. Failure to comply with this return requirement shall be treated in all respects as
provided in Article 16B10.
9. The Board and the Union strongly recommend that the teacher’s professional activity
following participation in the Program consist of development of skills and/or materials
reflective of the externship.
10. Teachers who wish to earn differential credit based on their participation in the Program
shall develop and submit a work/study plan including a final project that reflects what was
learned and is applicable to classroom instruction and practice. Three "G" credits will be
granted in accordance with Board policy upon successful completion of the work/study
plan, including evaluation of the project and payment of a $100 registration fee.
Version 1.1
Back to table of contents
Back to Leaves
APPEAL PROCEDURES
Members can grieve denial of a leave of absence through Article 22B3 of
the Agreement. (See “Grievance” section) The four areas that can be
grieved are:
• Placement of the pedagogue on a leave of absence without pay for more
than one month
• Termination of the pedagogue’s services
• A recommendation for disability retirement
• A denial of a leave with or without pay for more than one month.
Pedagogues should be instructed to contact their district representative immediately
if they wish to proceed to medical arbitration. Teachers must submit the request for
medical arbitration within 10 school days of receipt of notice from the Division of
Human Resources.
PARAPROFESSIONAL LEAVES OF ABSENCE
Personal illness
Employees may apply on SOLAS for a leave for reasons of personal illness,
including pregnancy-related disabilities, and such leave shall be granted subject to
approval of the Medical Bureau. They shall be entitled to return within one year on
the basis of seniority and shall retain the seniority and other rights they had before
leaving. Any leave granted under this section may, subject to approval by the Medical
Leaves and Benefits Office, be extended for a period of one additional year.
Pregnancy-related disability
Employees may apply for a leave for reasons of personal illness, including
pregnancy- related disabilities, and such leave shall be granted subject to approval of
the Medical Bureau. They shall be entitled to return within one year on the basis of
seniority and shall regain the seniority and other rights they had before leaving. Any
leave granted under this section may be extended for a period of one year, subject to
approval by the Medical Leaves and Benefits Office.
Maternity/child care leave
An employee with two or more years of service who leaves for reasons of maternity
and/or child care and returns to employment within four years shall regain the
seniority she/he had at the time she/he left, and shall be credited with the
accumulated sick leave to which she/he was entitled at the time she/he left, less the
sick days used while on maternity leave.
Illness in the immediate family
Employees with two or more years of service who leave for reasons of illness in the
immediate family shall be entitled to return within one year on the basis of seniority
and shall regain the seniority and other rights they had before leaving. The term
“immediate family” includes a parent of a husband or wife, or any relative residing in
the employee’s household.
PARAPROFESSIONALS DO NOT GET A GRACE PERIOD; GRACE PERIOD
ONLY APPLIES TO APPOINTED PEDAGOGUES.
Version 1.1
Back to table of contents
Back to Leaves
Other leaves for paraprofessionals include: leaves to teach or become a secretary in
NYC Public Schools and leave to study. (See contract for specifics)
Please advise all UFT paraprofessionals that in order to avoid disruption of health and
union benefits, it is in their best interest to apply for leaves in a timely fashion.
WORKERS’ COMPENSATION
Paraprofessionals, nurses, occupational and physical therapists, administrative titles
and Substance Abuse Prevention and Intervention Specialists (SAPIS), including subs,
who have been injured or made sick on the job should file for Workers’ Compensation.
In certain circumstances such as chronic illness associated with responsibilities, lab
specialists and vocational teachers may also file for Workers’ Compensation.
Workers’ Compensation is a form of insurance, paid for in advance by your employer,
which entitles you to full medical coverage and part of your salary for job-related injuries
and illnesses. You are entitled to Workers’ Compensation no matter whose fault your
injury or illness may be — so long as it was not caused by willful maliciousness and
occurred on school property or in the normal course of performance of your work duties.
Paraprofessionals receiving Workers’ Compensation must apply for a leave of absence
without pay.
In order to be eligible for certain union benefits, a paraprofessional must be on an
approved leave while receiving Workers’ Compensation. Section 3 of the leave of
absence form must be completed by a physician or a licensed practitioner. A copy of the
Employee’s Notice of Injury (Form C-2) must accompany the leave form.
NOTE: Workers’ Compensation is only allowed for one year. After that, the employee
must return to work or they will be terminated.
For more information and related forms:
Go to the Workers' Compensation section of the website>>
Version 1.1
Back to table of contents
Back to Leaves
Discipline for Authorized Absences
No employee shall be disciplined, adversely rated or have any derogatory material placed in
his/her file for taking an approved sabbatical for restoration of health, approved unpaid leave
for restoration of health or a central DOE approved paid leave. Discipline for time and
attendance is not a reflection of the employee’s performance while at work.
Return from Leave of Absence — Applies to ALL UFT Titles
Article 16E3
(2009-2018)
Commencing with the beginning of the 2014–15 school year, employees on leaves of
absence, for one school year or semester, through the end of the school year, must notify
the DOE’s chief executive officer of the Division of Human Resources or his/her designee in
a manner prescribed by the DOE on or before May 15 of their intent to either return to
service or apply to extend their leave of absence for the following school year.
Failure to comply with this deadline shall be deemed as a voluntary resignation from
the DOE, except in cases where it can be demonstrated that special circumstances
prevented the employee from notifying the DOE.
Notwithstanding this notification given to the Department of Education (DOE), prior to the
commencement of the school year an employee may return to service or apply to extend
his/her leave if he/she can demonstrate relevant circumstances materially changed after
May 15 provided that the employee acts expeditiously following the change in
circumstances. An application to extend a leave made under these circumstances shall be
granted under the same circumstances as one made on or before May 15.
An employee on leave for a restoration of health shall be required to notify the DOE’s
chief executive officer of the Division of Human Resources or his/her designee, in a manner
prescribed by the DOE on or before May 15, of his/her medical status and any plans, if
known, as to whether he or she intends to return to work the following school year.
Failure to notify the DOE in writing by May 15 shall be deemed as a voluntary
resignation from the DOE, except in cases where it can be demonstrated that special
circumstances prevented the employee from notifying the DOE.
Whether special circumstances prevented an employee from notifying the DOE on or
before May 15, relevant circumstances materially changed after May 15, or an employee
acted expeditiously shall be subject to the grievance procedure, including binding
arbitration
Often a member will find that when they return from leave they have been deleted from the
computer bank showing membership in the UFT. The member should, therefore, complete
a UFT membership card; a UFT Welfare Fund enrollment form; and a COPE enrollment
card.
card, which you should provide for them.
10
Version 1.1
Back to table of contents
Back to Leaves
RESOURCES AND DOCUMENTS FOR LEAVES
• SOLAS FAQ
Forms
• Request for Leave under the Family and Medical Leave Act (FMLA)
Both pedagogues and administrative staff must provide acceptable certification by a
physician or other health care provider for their own serious health condition or the
serious health condition of a covered family member within fifteen (15) calendar days
of the request for leave, where practicable. Please see Personnel Memorandum No.
54, 1995-1996 for further information.
• EB 1054: Health Benefits Report/Inquiry
Payroll secretaries will no longer be required to submit 1054 forms for employees on
the administrative and pedagogical payrolls if the 1054 is for a job-related event,
such as a SLOAC or FMLA leave. However, this form is still required for
paraprofessionals.
• OP 198: Application for Excuse of Absence for Personal Illness (Sick Leave)
This form is used by all pedagogues to apply for medical certification for an absence
of up to 20 consecutive school days, for requests to borrow sick days and for excuse
of absence due to children’s diseases. Rules and instructions are on Page 2.
• OP 255: Resumption of Service Report
Upon an employee’s return from a leave of absence without pay, the payroll
secretary must submit an OP 255 form to the Bureau of Salary Differentials and
Status.
• PD 6: Application for Leave of Absence for Health Reasons
Administrative staff may apply for a medical leave for Administrative Employees.
Administrative staff may apply for a medical leave of absence without pay only when
they have exhausted all sick leave and/or annual leave days. This application must
be completed, signed and submitted to HR Connect for approval. Documentation
and/or statement of particulars must be submitted with the form.
Version 1.1
Back to table of contents
Back to Leaves
DOE Documents
• DOE Memo: Continuation of Extended Rights and Benefits for Military Leave
This memo, dated Dec. 13, 2002, details the Department of Education's policy
regarding the city's Extended Military Benefits Package.
• Heads of Bureau Circular No. 11: Maternity Leave and Child Care Leaves
Regulations governing leaves of absence for maternity and/or child care for
administrative (non-pedagogical) staff. Page 1 of this document is Heads of Bureau
Circular #15, 1975-1976, which amends a section of Circular #11.
• Personnel Memorandum #54, 1995-1996: Family and Medical Leave Act
The purpose of this memorandum is to describe the benefits and eligibility
requirements of the Family and Medical Leave Act (FMLA).
• Personnel memorandum regarding sabbatical leaves during 2022-23
• Chancellor’s Regulation C-650: Sabbatical Leaves of Absence
This regulation sets forth the rules governing sabbatical leaves of absence applicable
to all pedagogical personnel.
Version 1.1
Back to table of contents
Back to Leaves
Time & Attendance
Updated: 2019
OP 40
Application for Retirement Leave of Absence (Terminal
Leave).
Must be filed 30 days in advance of leave and
can only cover one term. The expectation is the member
retire immediately following the end of the leave.
OP 44
Application for Termination Pay for Pedagogues
. Check is
sent to employee’s last work location.
SOLAS
Application for Leave of Absence without Pay of
Community District Staff.
Employees are entitled to a
leave without pay for the following: Study, Adjustment of
Personal Affairs, Military Service, Maternity, Childcare,
Restoration of Health. This is not exhaustive.
SOLAS
Application for Excuse of Absence for Personal Illness 10
days or more
(Personal Illness, Children Diseases, ILOD)
OP 201
Application for Excuse of Absence without Pay and/or as
Non-Attendance
. For example: (Jury Duty, Death in
Family, Graduation, Military Duty, Religious Observance)
OP 221
Application to Attend School Meeting or Convention
outside NYC
Per Session Unused Sick
Time Transfer Form
DHR/OP 1755-5/91
To add per session sick time to CAR
OP 504
Claim for Loss or Damage to Personal Property
OP 505
Claim for Reimbursement of Medical Expenses
Human Resources Forms
Version 1.1
Back to table of contents
Back to Leaves
INVESTIGATIONS / DUE PROCESS / ARRESTS
Due
Process
Summons
• Principal's office
• Other investigative offices
• Superintendent's office
• SubCentral
Corporal punishment
Verbal
abuse
Investigations
• Summary of Chancellor's Regulations
• Investigations Guide
• School Based Investigations Checklist
• What to ask during School Based
Investigations
• Cadet Decision
• Witness Statement Memorandum
Arrest of a member
• What to say to investigators
• Arrest checklist
Reassignment
Paraprofessional
Discharge
Substitute Teacher
Termination
Ratings
Appeals from Negative
Ratings
Version 1.1
Back to table of contents
DUE
PROCESS RIGHTS
DUE PROCESS (See Agree. Art. 21; Section 3020-a of State Education Law; Department
of Education (DOE) By-Laws)
Cause for discipline:
A tenured pedagogue may be disciplined only for just cause, which, by way of example,
may include, but is not limited to charges such as incompetence, insubordination, corporal
punishment or sexual misconduct.
Procedural rights:
The employee is entitled to:
• Receive a copy of the charges and specifics relating to the
charges
• Hav
e a hearing before an impartial arbitrator
• Be represented by counsel
• Call witnesses
• Cross-examine witnesses.
If the hearing officer finds a charged employee guilty of any of the charges, discipline
can be imposed. The discipline may include a written reprimand, monetary fine,
suspension without pay or most seriously, termination. If the employee is terminated, he
or she will also lose his or her New York City teaching licenses(s). However, the
employees permanent state certifications cannot be revoked without another hearing.
Charges may not be brought more than three years after the occurrence of the
alleged misconduct, unless it constitutes a crime when committed.
SUMMONS (See Agree. Art. 21; Educ. Section 2560 and 2568; Sp. Cir. 92, 1976-77)
Regardless of who has summoned the employee to appear, the UFT generally
recommends that a person not answer any questions that could lead to disciplinary or
criminal action being taken without proper representation.
A UFT-represented employee who is summoned for an interview, by the principal or
another DOE employee, that may lead to disciplinary action is entitled to be accompanied
by a union representative (or a representative employed by the school system). An
interview that is not held in accordance with these procedures cannot be made part of an
employee’s DOE personnel or school file, and any statements made at such an interview
cannot be used against the employee in any DOE proceeding.
Summons to the principal’s office:
If the employee is summoned by the principal, he or she may be accompanied at his or
her option by the chapter leader or the chapter leader’s designated alternate. It is a good
practice for any employee, when summoned to a conference by the principal, to ask
directly
Version 1.1
Back to table of contents
Back to Due Process
if the conference may lead to disciplinary action. The principal must then respond
either yes or no. if yes, the teacher may then exercise the option to have a
representative accompany him or her. Do not depend upon the principal to voluntarily
inform teachers prior to conference that the conference my lead to disciplinary action
or of their right to representation.
Summons to other investigative offices:
Aside from the principal, the Chancellor’s Office of Special Investigations (OSI) and
the Special Commissioner of Investigation (SCI) regularly seek to interview educators.
The allegations investigated by SCI usually involve potential criminal activity, financial
fraud and other serious maters. Sometimes, the Chancellor’s Office of Personnel
Investigations (OPI) or the Office of Equal Opportunity (OEO) will ask a member for a
statement and occasionally even the police will go to a school.
If an employee is summoned to OSI, OPI, or OEO, your UFT district representative
or borough office will provide a representative to attend the interview with the
employee. If a member is summoned by SCI, your UFT district representative or
borough office will arrange for a criminal attorney to provide representation. The
member should obtain the investigator’s name and the case number and call the
borough office immediately.
Summons to the district superintendent’s office:
Employees summoned to the office of a district superintendent or to the Division of
Human Resources shall be given two days’ notice and a statement of the reason for
the summons, except where an emergency is present or where considerations of
confidentiality are involved. The district representative or UFT borough office should
be notified of any such summons.
Summons to SubCentral:
An employee summoned to SubCentral for a conference to discuss any allegation
should be accompanied by a union representative. Contact your borough office.
Corporal punishment procedures:
A new DOE circular has improved the procedures for investigating corporal
punishment allegations. Principals are required to explain the circular to all staff
members. In light of an increase in reports of such allegations, chapter leaders may
want to review with members the existing definitions and policies, as well as to alert
them to the new procedures and their rights.
Chancellor’s Regulation A-420 clearly prohibits corporal punishment. However, it
spells out the four conditions under which reasonable physical intervention may be
necessary: (1) to protect oneself from physical injury; (2) to protect another pupil or
Version 1.1
Back to table of contents
Back to Due Process
teacher or any other person from physical injury; (3) to protect the property of the
school or of others; or (4) to restrain or remove a pupil whose behavior is
disorderly and who has refused to comply with request to stop that behavior.
The new circular reflects several changes of procedure:
Responsibility for
handling
corporal
punishment
allegations resides in the
Office of Special Investigations.
Notification. The supervisor or someone with knowledge of the alleged
corporal punishment must immediately report the allegation to the Office of
Special Investigations before doing anything to investigate the validity of
the charge.
Investigation. The Office of Special Investigations will determine whether it
will conduct the investigation or delegate
it to the supervisor. (Previously, the
supervisor always gather
ed the preliminary information.) If the supervisor is
chosen to investigate, the Office of Special Investigations “will provide
guidance and instruction” about how to do so.
Time limits. A supervisor who investigates a report
of corporal punishment
has five working days to fil
e an A-420 Form stating a conclusion about whether
corporate punishment has taken place.
Hearings. Regardless of who conducts the investigation, prior to any action
being taken, the accused will have the chance to appear with representation to
address the allegations and must receive 48 hours’ written notice before any
hearing. (Before, there were no firm time limits or requirements for advance
notice of hearings.)
Written clearance. When an inquiry determines that “the staff member has
not committed corporal punishment or the evidence does not support the
allegation, the staff member must be so notified, in writing.” This should
protect members from innuendoes or lingering doubts.
What this means for chapter leaders
As soon as you hear of an allegation of corporal punishment, alert your district
representative. The UFT strongly recommends that employees do not speak to the
principal and/or any investigator without an appropriate representative present, even
if the allegation is false. If the employee wishes, you or your designee can represent
the employee in any interview conducted by the principal. If an employee is
summoned to OSI, OPI or OEO, your UFT district representative or borough office
will provide a representative to attend the interview with the employee. If a member
is summoned by SCI, your UFT district representative or borough office will arrange
for
Version 1.1
Back to table of contents
Back to Due Process
a criminal attorney to attend the interview with the member. If OPI asks for a written
statement, your UFT district representative or borough office will arrange for an
attorney to assist the employee in
writing it.
Verbal Abuse:
Allegations of verbal abuse are covered by Chancellor’s Regulation A-421. The
procedures are, generally, the same as in allegations of corporal
punishment, except that members are not to be reassigned except in extraordinary
circumstances.
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2018
Investigations
Summary of Chancellor’s Regulations A-420 & A-421
Right to Yearly Notification of Chancellor’s Regulations A-420 (Corporal Punishment)
and A-421 (Verbal Abuse)
The principal must inform all members of the staff of the Department’s policy and rules with
respect to corporal punishment (and verbal abuse). At a minimum, the principal must:
• review the importance of these regulations with all staff, distribute a copy of the
regulations to every staff member, and have every staff member sign an
acknowledgement of its receipt at the beginning of each school year;
• review the importance of these regulations with every staff member who comes to
the school after the beginning of the school year, provide him/her with a copy of the
regulations, and have the staff member sign an acknowledgement of its receipt;
• redistribute and/or provide technical assistance regarding these regulations as
needed during the school year.
Right to 48 Hours Written Notice
Prior to the investigative interview regarding a corporal punishment or verbal abuse
allegation, the principal “must provide the employee with written notice of the meeting and
inform the employee of his/her right to appear with union representation. The meeting may
begin 48 hours after receipt of the written notice.”
Right to
Witness Statemen
t
s
Members are entitled to review witness statements at the meeting with administration. For
student witness statements or adult statements with student-specific information, they can
choose either to sign a privacy acknowledgment and review the un-redacted statements, or
they can choose not to sign the privacy acknowledgement but review the statements in
redacted form. At the investigative interview, the union representative and member can
review the statements and transcribe them, but are not entitled to retain copies of the
statements at the conclusion of the meeting.
However, note that the regulations state that “all accused employees and their union
representatives present at the disciplinary conference are entitled to
see
and retain
copies
of all witness statements
prior to administration of any and all disciplinary action
.”
Prohibition Against Tampering with Investigation or Retaliation
“Any attempt to tamper with or impede a corporal punishment (or verbal abuse)
investigation or to retaliate against those who experience, report or witness corporal
punishment (or verbal abuse) is strictly prohibited and may result in disciplinary charges.”
Right to a Written Determination
“When an investigations, either by the principal or OSI, has determined that the accused
staff member has not committed an act of corporal punishment (or verbal abuse) or that the
allegation of corporal punishment (or verbal abuse) cannot be substantiated, the staff
member must be so notified by the principal in writing. If the accused employee was
reassigned during the pendency of the investigation and there is no other reason for the
reassignment, the employee must be returned to his or her regular assignment.”
Sources: Chancellor’s Regulations A-420 & A-421
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2020
Investigations
Chapter Leader’s Guide to Investigations
PRINCIPAL
(SBI-- School-
Based Investigation)
OEO
(Office of Equal Opportunity)
OSI
(Office of Special
Investigations)
SCI
(Special Commissioner of
Investigations)
NYPD
School Related
NYPD
Non-School Related
What types of
allegations are
investigated?
Minor infractions at
the school level,
corporal punishment
and verbal abuse
Educational and
employment
discrimination,
sexual harassment,
and verbal abuse
Improper and
unlawful behavior,
including corporal
punishment and
verbal abuse
Fraud,
misconduct,
conflicts of
interest, and
other wrongdoing
within DOE
Assault, sex-
related
crimes
Assault, DWI, and
other criminal
offenses
Who needs to be
immediately
notified?
District
Representative or
Assigned Special
Representative
UFT Borough Office or Assigned Special Representative
UFT Borough Office, Principal &
DOE Office of Personnel
Investigations (OPI)
(Notify principal & OPI in writing.)
Who represents
the member at
the interview?
Chapter Leader
UFT Representative from Borough Office
or Assigned Special Representative
UFT will arrange for an attorney.
Member is
responsible for
retaining an
attorney.
Where does the
interview take
place?
At the school At the Department of Education - 65 Court Street At the precinct
What are the
possible
outcomes?
If the allegation is
unsubstantiated,
request a non-file letter
stating such that
notates the OSI case #.
If the allegation is
substantiated:
Counseling memo,
disciplinary letter for file,
suspension and/or
reassignment with pay,
suspension without pay,
3020-a charges,
termination
Any investigation by OSI, SCI, or OEO will conclude with a
written report stating whether or not the allegation was
substantiated. If substantiated, the report will recommend
that appropriate discipline. The Principal is then required to
conduct an investigation at the school level to determine if the
recommendation will be followed.
Once the criminal proceedings are
concluded and a disposition
issued, the member must provide
OPI with the disposition and OPI
determines what steps will be
taken next.
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2020
INVESTIGATIONS
SCHOOL-BASED INVESTIGATION (SBI)
COPORAL PUNISHMENT/VERBAL ABUSE CHAPTER LEADER CHECKLIST
Before the investigative interview:
Meet with the member and ask what he/she thinks the allegation is about
(who, what, when, where)
Review what will occur at the investigatory conference/investigative
interview and instruct the member to bring paper and a pen to the
interview
Do not conduct an investigation/do not collect witness statements as this
can be interpreted as tampering with the principal’s investigation (“Any
attempt to tamper or impede with a corporal punishment (or verbal abuse)
investigation or to retaliate against those who experience, report or witness
corporal punishment or verbal abuse is strictly prohibited and may result in
disciplinary charges.” CR A-420 and A-421)
Contact your district representative or UFT borough office for advice. At
the investigative interview:
The member is entitled to a union representative. The Chapter Leader is
an appropriate representative.
Take careful notes throughout the conference.
Ask what the allegation is at the start of the conference if the principal
does not state it. Ask the principal to clarify if unclear. Be certain the
principal states the date, time (ex. class period, dismissal etc.) and location
of the alleged incident.
A privacy acknowledgment will be offered by the principal. The union
does not recommend to sign this privacy acknowledgment to obtain
redacted statements, but the member can choose to. When the form is not
signed, the union representative and member are allowed to view all
student and adult statements with all student names redacted except the
alleged victim’s name.
At this conference, you and the member must transcribe all statements
noting the date each statement was written. You are not entitled to retain
copies of the statements at the conclusion of the interview. You are to be
afforded all the time you need to transcribe the statements.
Review the witness statements and discuss with the member in private.
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2020
At the investigative interview (continued):
Advise the member, if tenured, of his/her rights under the Cadet
decision.
Write down the questions the principal asks and the member’s
responses.
If necessary, the member or Chapter Leader should request by name
additional reliable student or adult witnesses to be interviewed if they
were present on the date and time the alleged incident occurred.
State any aspect of the investigation that was improper and issues with
the witness statements if these exist:
Examples:
• The allegation does not rise to the level of corporal
punishment or verbal abuse.
• The member was not afforded 48 hours notice of the
investigative interview.
• The witness statements do not corroborate the allegation.
• The witness statements are inconsistent.
• The alleged victim is not credible.
• Student witnesses were interviewed in a group
• The investigation is not timely (10 school days from receipt of
the complaint)
• Etc., etc., etc.,
After the investigative interview:
Be patient and await the decision from the principal.
If the allegation is unsubstantiated, the member is to receive a non-file
letter stating such. Request that the OSI case# is referenced in the letter.
If the principal is considering substantiating the allegation, he/she is to
hold a disciplinary conference at which the member and Chapter Leader
are allowed to retain witness statements. Again, the union does not
recommend signing a Privacy Acknowledgement.
If the allegation is substantiated by the principal and a disciplinary file
letter is issued to the member, seek advice from the District
Representative and discuss if a grievance is appropriate.
Assist the member with filing a grievance, if appropriate.
The member always has the right to write a rebuttal to any file letter
and attach it to the letter.
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2021
Investigations
What to ask during a investigation meeting with the Principal
• Who made the allegation?
• What happened?
• Where did it happen?
• When (date/time) did it happen?
• ASK FOR WRITTEN STATEMENTS!!!
• Neither you nor the member should sign for witness statements-request redacted
statements
• (Chad Vignola Memorandum)
• **Have a copy of the appropriate Chancellor’s Regulations (If you are aware of the
particular allegation)
What to ask for during a meeting to review the investigative
findings with the Principal
• Ask for a copy of the report
• Make sure the member has time to read and go over the SCI/OSI/OEO written report to
check for inconsistencies. (You can ask to leave the room with the UFT Representation to
review in private)
• Take notes of t
he investigative report on a personal notepad or notebook
• Copy of the report will be provided if disciplinary letter is issued at a later time
• Member is entitled to make a statement toward the findings.
• A tenured teacher can exercise the Cadet Decision
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Cadet Decisions
Chapter Leader Training, Part 1 Page 1 of 6 October 28-29, 2017
Appeal of the BOARD OF EDUCATION OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK from
a determination rendered by a hearing panel
pursuant to Education Law '3020-a concerning
charges against Andre Cadet, a tenured
teacher.
Decision No. 13,589
(April 1, 1996)
Hon. Paul Crotty, Corporation Counsel, attorney for
petitioner, Lawrence E. Becker, Everett N. Hughes and
Randi Sinel, Esqs., of counsel
Kreitzer & Vogelman, Esqs., attorneys for respondent,
Donald H. Vogelman, Esq., of counsel
MILLS, Commissioner.--The Board of Education of the City School
District of the City of New York ("petitioner") appeals the
determination of a hearing panel convened pursuant to Education
Law '3020-a, which found Andre Cadet ("respondent") guilty of
conduct unbecoming a teacher and imposed a six-month suspension.
The appeal must be sustained in part.
Respondent is a tenured teacher of physical education in the
Julia Richman High School. At the time of this appeal,
respondent had been a high school teacher for approximately 12
years. On October 14, 1992, petitioner found probable cause to
prefer two charges against respondent based on his alleged
romantic relationship with a student and for his failure to
answer questions from the Office of the Special Commissioner of
Investigations for the New York City Board of Education ("SCI").
On December 11, 1992, a pre-hearing conference was held which
addressed the issue of whether the Special Commissioner from the
SCI would be allowed to serve as counsel or co-counsel with
petitioner's counsel in the '3020-a proceeding. The panel chair
denied this request in a written decision dated January 14,
1993. On the first and second days of the hearing, respondent
objected to a lack of specificity in the charges and requested
that they be particularized. After lengthy procedural
discussions and rulings from the panel chair, the charges were
amended as follows:
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Cadet Decisions
Updated: 2021
Specification I
During the 1990-91 school year, Respondent engaged in
inappropriate contact with a female student by having
a romantic relationship with her.
In Particular
A.
During the (spring semester of the) 1990-91 school
year, Respondent kissed and/or hugged (and/or touched)
female student S.D. while in the pool area of Julia
Richman High School, during school hours.
B.
During the (spring semester) 1990-91 school year,
respondent held female student S.D.'s hand in school,
during school hours.
C.
During the 1990-91 school year on two separate
occasions, Respondent brought female student S.D. to a
fellow teacher's house over the weekend.
Specification II
During the 1990-91 school year Respondent exhibited
uncooperative, disobedient and insubordinate behavior
by refusing to answer any relevant questions regarding
the performance of his official duties during a sworn
examination by the Office of the Special Commissioner
of Investigation for the City School District of the
City of New York.
In Particular
A. On June 24, 1991, Respondent failed to answer any
relevant questions regarding his alleged work-related
misconduct, i.e., his relationship with a female
student S.D., during a sworn examination held at the
Office of the Special Commissioner of Investigation,
even though Respondent was offered use immunity
against criminal prosecution and apprised that he has
an obligation to answer all relevant questions, and
failure to do so could constitute cause for dismissal
or other appropriate penalty.
A hearing was held over 11 days between January 22 and October
21, 1993, which included an on-site visit to the high school on
March 23, 1993. The panel met in executive session on February
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Cadet Decisions
Updated: 2021
1, 1994. On February 12, 1994, the panel issued its decision,
finding respondent guilty of misconduct with regard to his
romantic relationship with the student. The panel dismissed the
charge of insubordination related to respondent's refusal to
answer questions from the Special Commissioner. Based on its
finding of guilt, the panel recommended respondent's suspension
for six months without pay. Petitioner adopted the hearing
panel's recommendation on March 9, 1994. Petitioner commenced
this appeal on March 23, 1994.
Petitioner alleges that respondent is guilty of insubordination
for failing to answer the questions of the Office of the Special
Commissioner and seeks reversal of the hearing panel's decision.
Petitioner also seeks respondent's dismissal. Respondent raises
two procedural issues. He claims that the petition is not
properly verified and does not contain a clear and concise
statement of petitioner's claim. Respondent also contends that
the panel's decision was proper and should not be set aside.
Before reaching the merits, I will address the procedural issues
raised by respondent. 8 NYCRR 275.5 requires that a petition be
verified by any person who is familiar with the facts underlying
the appeal, pursuant to a resolution by the board of education
authorizing the commencement of the appeal. Respondent claims
that the petition was verified by the secretary to the board of
education on March 22, 1994, but the board did not authorize the
commencement of the appeal until 6:00 p.m. on March 23, 1994.
Respondent, therefore, concludes that the petition was not
properly verified. However, petitioner notes that the appeal was
authorized on March 9, 1994 and offers the minutes of the board
meeting to support its contention. It explains that petitioner
board routinely holds a ratification vote of its decision to
which an employee and his counsel are invited to make a public
statement for the record regarding the board's prior action. My
review of the minutes indicates that petitioner authorized this
appeal on March 9, 1994. Therefore, respondent's objection is
without merit.
Respondent also claims that petitioner has failed to demonstrate
any basis upon which the relief can be granted. He contends that
the petition does not contain "a clear and concise statement of
the petitioner's claim showing that the petitioner is entitled
to relief, and shall further contain a demand for the relief to
which the petitioner deems himself entitled" (8 NYCRR 275.10;
Appeal of Moessinger, 34 Ed Dept Rep 246; Appeal of Lawson, 33
id. 427; Appeal of Mitzner, 32 id. 403). My review of the record
indicates that the petition more than adequately summarizes
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Cadet Decisions
Updated: 2021
petitioner's claims and makes a clear demand for relief, i.e.,
respondent's dismissal. There is thus no basis for respondent's
objection.
Turning to the merits, petitioner argues that respondent is
guilty of insubordination for failing to answer questions posed
by the Office of the Special Commissioner of Investigations. The
SCI was created by both a board of education resolution and a
companion Executive Order signed by the Mayor of the City of New
York. It was established as an independent investigatory agency
to root out unethical conduct, corruption and conflicts of
interest within the New York City school system. The Executive
Order compels cooperation from every board of education employee
and states:
every...employee...shall cooperate fully
with [SCI]. Interference with or obstruction
of the [SCI] investigations or other
function shall constitute cause for removal
from office or employment, or other
appropriate penalty.
The June 27, 1990 Board of Education Resolution mirrors the
Executive Order in relevant part, stating:
The [Commissioner] shall have all those
powers of the Board of Education and the
Chancellor which are necessary for the
[Special] Commissioner to require
any...employee of the City School District
of the City School District of the City of
New York to attend an
examination...concerning any matter related
to the performance of his or her official
duties...If such a person declines to answer
any question the [SCI shall have the
authority to grant use immunity]. The
refusal of an officer or employee of the
City School District of the City of New York
to answer questions on the condition
described in this paragraph shall constitute
cause for removal from office or employment
or other appropriate penalty.
In addition to the authority cited above, petitioner claims that
case law recognizes the right of a public employer to hold an
employee accountable for a charge of insubordination when an
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Cadet Decisions
Updated: 2021
employee refuses to answer questions regarding work-related
conduct if immunity from criminal prosecution is granted
[Gardner v. Broderick, 392 U.S. 273, 88 S.Ct. 1913 (1968);
Uniformed Sanitation Men's Association v. Commissioner of
Sanitation of the City of New York, 392 U.S. 280, 88 S.Ct. 1917
(1968); Garrity v. New Jersey, 385 U.S.493, 87 S.Ct. 6169
(1967)]. However, my review of these cases indicates that they
are not applicable to the facts before me in this matter. The
facts of this case differ significantly since criminal
prosecution was not an issue here and the immunity granted to
petitioner would not shield him from Education Law '3020-a
charges.
The hearing panel chair concluded that the authority cited by
petitioner regarding respondent's obligation to testify before
the SCI was in conflict with Education Law '3020-a, since that
statute is the sole method by which teachers can be disciplined
in New York State. Since home rule principles found in the New
York State Constitution generally give preference to State law
where it conflicts with local law, respondent could not be
forced to testify based on the Mayor's Executive Order and the
Board's resolution. As the hearing panel chair notes in his
decision, the unique provisions of Education Law '3020-a are the
only means to discipline a tenured teacher in New York State and
do not require an employee to testify at the 3020-a hearing.
While the SCI offered respondent immunity from criminal
prosecution, any finding of the SCI could have been used in the
'3020-a proceeding, which is not criminal in nature. In view of
the foregoing, I cannot find respondent guilty of the second
specification, and thus affirm the finding of the hearing panel
on this point.
Turning to the penalty, it is well established that the
Commissioner of Education may substitute his judgment for that
of the hearing panel (Matter of Levyn v. Ambach, 56 NY2d 912,
453 NYS2d 410; Matter of Shurgin V. Ambach, supra; Matter of
Mockler v. Ambach, 79 AD2d 745, 434 NYS2d 809, lv to app den 53
NY2d 603, 439 NYS2d 1026). Upon careful review of the record, I
find that the measure of discipline imposed by the hearing panel
for the offense committed by respondent is disproportionately
lenient.
On the evidence before it, the panel found respondent guilty of
having a romantic relationship with a student, S.D. The panel
noted that respondent had compromised his effectiveness as a
teacher by pursuing a romantic relationship with a student which
he should have known was inherently improper and which
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Cadet Decisions
Updated: 2021
compromised him professionally. It recommended a penalty of six
months' suspension, finding that while respondent displayed
conduct unbecoming his position and prejudicial to the good
order, efficiency and discipline of the service, respondent was
not unfit to perform his obligations as a teacher. It noted that
in allowing respondent to return to the classroom, the penalty
imposed would permit him to reflect on his relationship with his
students.
The record establishes that respondent pursued a romantic
relationship with the student that was described by her as
"intimate" and "monogamous." Clearly, respondent showed a gross
lack of judgment in pursuing this relationship. When confronted
by school officials with evidence of his conduct, respondent
showed no remorse for his actions. Instead, respondent seemed to
be under the mistaken impression that once a student turns 18
years of age, there is no barrier to a romantic relationship
between student and teacher. Moreover, the testimony of other
students showed that respondent was often involved in students'
personal lives to a degree that is unsuitable in the context of
a student/teacher relationship. Under those circumstances, a
suspension of six months is too lenient. Suspension for an
additional length of time is apparently necessary to impress
upon respondent the seriousness of his conduct. Accordingly,
petitioner is authorized to suspend respondent for three years
without pay. I am not recommending respondent's dismissal at
this time only because of his unblemished record of service
before this incident, evidence of considerable dedication to his
students and lack of any evidence indicating that respondent had
a sexual relationship with the student.
THE APPEAL IS SUSTAINED TO THE EXTENT INDICATED.
IT IS ORDERED that the determination of the hearing panel is
annulled insofar as it imposed a penalty of six months'
suspension; and
IT IS FURTHER ORDERED that petitioner is authorized to suspend
respondent without pay for a period of three years, which shall
include any period of suspension already imposed.
Version 1.1
Back to table of contents
Back to Due Process
Version 1.1
Back to table of contents
Back to Due Process
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2019
If the police should arrest a member in school or for any work-related reason, you as the
chapter leader should contact your district representative, who will contact the UFT’s
central office. You should give the UFT representative the name, phone number and
precinct of the arresting officer along with any other details you have regarding the arrest. If
a member is arrested at school or for something work-related and notifies the UFT, the
union will provide a criminal attorney to represent the member up to and through an
arraignment.
A member who has been arrested or has received a desk appearance ticket for any reason
must immediately notify in writing her or his immediate supervisor and the Office of
Personnel Investigations, 65 Court Street, Brooklyn, NY 11201. (Chanc. Reg. C-105)
Arrest of a member
Version 1.1
Back to table of contents
Back to Due Process
Updated: 2021
Investigations
Protect Your Rights
Until they have representation, our members should NOT SPEAK TO
ANY INVESTIGATORS!
** No one should conduct their own investigation. (This includes UFT Rep
and member)**
PROTECT YOURSELF . . . . when approached by an investigator
DO NOT ANSWER ANY QUESTIONS.
T
T
A
A
R
R
G
G
E
E
T
T
O
O
R
R
N
N
O
O
T
T
:
:
Y
Y
O
O
U
U
N
N
E
E
E
E
D
D
R
R
E
E
P
P
R
R
E
E
S
S
E
E
N
N
T
T
A
A
T
T
I
I
O
O
N
N
!
!
C
C
O
O
N
N
T
T
A
A
C
C
T
T
T
T
H
H
E
E
U
U
F
F
T
T
I
M
M
M
M
E
E
D
D
I
I
A
A
T
T
E
E
L
L
Y
Y
D
D
E
E
M
M
A
A
N
N
D
D
R
R
E
E
P
P
R
R
E
E
S
S
E
E
N
N
T
T
A
A
T
T
I
I
O
O
N
N
INSTEAD SAY:
"I am certainly willing to meet with you. May I please have your card so that my union
representative or attorney may get in touch with you to arrange a meeting?"
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Updated: 2020
Arrest, Legal Proceedings, Investigations
-A Checklist for Chapter Leaders-
Member Arrested – Off Schools Grounds – NOT Related To
Employment
Members are DOE employees 24 Hours a Day / 7 Days a Week / 365 Days a Year. All arrest
(Anywhere) must be reported.
Member may be Re-assigned (If Pedagogical Title).
Member may be suspended without Pay (Non-Pedagogical Title)
Notify OPI Immediately in writing – OPIArrestNotification@schools.nyc.gov
Notify Administration (Principal) in writing
If Non-Pedagogical Member is SWOP – Step 1 Grievance Must be filed
Contact Borough Office for Further Instructions
Member Arrested – On Schools Grounds – Or – Arrested For School
Issue
Assist Member but do not interfere with Arrest Process.
UFT will provide an Attorney up to the arraignment only.
Notify District Representative Immediately
Notify Borough Representative Immediately via email and/or contact Call Center
Need Members Name and Contact Information
Need Name of Arresting Office and Shield Number If Possible
Need Police Precinct or Arresting Unit (Special Victims) Location
If Possible Name / Number of Family Contact
Member Served With 3020a Documents
Procedure used to terminate a Tenured Member.
UFT will arrange with NYSUT (State Union) For NYSUT Attorney.
Member Must come to their Borough Office to respond to Service immediately.
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Updated: 2020
Member Served With 3020 Time & Attendance Documents
Procedure used to fine (and Issue final Warning) a tenured member.
UFT will arrange with NYSUT (State Union) For NYSUT Attorney.
Member Must Come to Borough Office to respond to Service immediately.
Member Served With Any Other School Related Court Proceedings
Contact Call Center and District Representative and Ask For a Special Representative
Special Commissioner of Investigation (SCI)
Not a DOE Agency
Police Powers (Right To Subpoena)
Known to Make House Calls
Never Speak with SCI without an Attorney
Get Business Card from Investigator
Contact Borough Office Immediately (email DR and BR)
Need Members Name & File Number
Need Contact Info for Member
Office of Special Investigation (OSI)
DOE Agency
48 Hour Notice Letter
Never Speak Without Representative
Contact Brooklyn Office- Email RLevine1@Uft.org and your Borough Rep
Need Members Name & File Number
Need letter with Investigators Name
Need Contact Info for Member
Office of Equal Opportunity & Diversity Management (OEO)
DOE Agency
48 Hour Notice Letter
Never Speak Without Representative
Contact Brooklyn Office- Email RLevine1@Uft.org and your Borough Rep
Need Members Name & File Number
Need letter with Investigators Name
Need Contact Info for Member
Version 1.1
Back to table of contents
Back to Due Process
Investigations
Updated: 2020
Office of Personnel Investigation (OPI)
DOE Agency (Part of Human Resources Division)
Responsible for Monitoring Arrest
Responsible for Monitoring Suspensions based on investigations
Responsible for Background Checks & Fingerprints.
Member may be summoned to OPI (65 Court) following Arrest – No Union Rep. Needed.
Member (Pedagogical) summoned to OPI-Re-Assignment Unit (100 Gold Street) – No
Union Rep. Needed.
Member may be called for re-employment interview – Union Rep Provided.
Contact Brooklyn Office with Any Questions
School-Based Investigations (SBI)
48 Hour Notice Required
Must be told could lead to Discipline
Member Must Attend When Called
Represented by Chapter Leader or Any Other Member in School.
Conducted by ONE Administrator Only
No Other Administrators in Room Unless Directly involved in alleged incident.
No Other Members.
No Other Employees.
No Parents.
No Students
No Note Takers.
No Recordings Made by Anybody In Room.
Ask For Witness Statements.
Representative Must Be Able to Discuss Statements and Allegations in Private with
Member.
If Not Given Copy Of Statements – Take Detailed Notes.
Tenured Members Have Right Not To Answer If So Choose.
Version 1.1
Back to table of contents
Back to Due Process
Reassignment:
In some cases, teachers under investigation or awaiting charges are removed from their
teaching assignments and are temporarily reassigned to administrative duties in their schools
or in a DoE administrative office until the investigations are complete or their cases are
adjudicated in a § 3020-a proceeding. A recent agreement between the UFT and DOE states
that absent unusual circumstances, allegations being investigated by principals will not result in
an employee being removed from her or his school. The agreement also requires that an
employee be notified of the grounds for her or his reassignment or that an employee is being
investigated by the Special Commissioner of Investigation (SCI). In the agreement, the DOE
states that it will diligently attempt to complete all investigations by the Chancellor’s Office of
Special Investigations (OSI) within 90 days. Further, a reassigned employee will be returned to
her or his school unless the reassigned employee is being investigated by the SCI or the case
involves criminal charges. However, even if a reassigned employee is returned to her or his
school after six months, the DOE may still bring disciplinary charges against her or him.
A reassigned employee is paid while reassigned except if she or he was found guilty or pled
guilty to any felony. Also, the DOE can request a special hearing to determine whether there is
sufficient evidence that the employee engaged in serious misconduct such as any actions that
would constitute (1) a felony involving a controlled substance, (2) a crime involving physical
abuse of a student or minor, (3) a felony committed on school property or while performing
duties, (4) a felony involving a firearm, or (5) serious sexual misconduct with a student or a
minor such as sexual touching, verbal abuse of a sexual nature, solicitation of a relationship or
possession of child pornography. If a specially appointed arbitrator determines there is
sufficient evidence that the employee engaged in such conduct, she or he can be suspended
without pay for up to two or three months.
Version 1.1
Back to table of contents
Back to Due Process
PARAPROFESSIONAL DISCHARGE (See Agree. Art. 23)
A paraprofessional may be discharged for a good and sufficient reason after due
consideration by a supervisor having such authority.
If an employee with more than the equivalent of one school term of continuous service is
discharged, he or she shall be given a written notice of discharge and a statement of the
general reasons for such action. Such employee will also be afforded an opportunity for a
prompt and careful review of the discharge in accordance with the provisions of the
grievance procedures. A paraprofessional who has been discharged should contact his or
her district representative and/or the UFT borough office as quickly as possible.
If the union is not satisfied with the determination made at Step 2, it may appeal the
decision under Article 22 of the Agreement for final and binding arbitration. In the event a
para is discharged he or she should notify the district representative.
2018 Paraprofessional Due Process
Paraprofessionals will no longer be suspended without pay for long periods without due
process while their cases are being investigated.
Prior to a paraprofessional being suspended without pay in connection with an arrest or
an investigation, the Office of Personnel Investigations (OPI) will conduct a review. If OPI
finds that the allegations constitute serious or sexual misconduct, the paraprofessional
may be suspended without pay for up to two months while the case is under investigation.
The two months can be extended to three if an arbitrator finds probable cause.
If OPI finds that the allegation is a significant violation of a DOE rule or policy or of the law
but does not constitute “serious misconduct” or “sexual misconduct,” the DOE may
request a probable cause hearing with a neutral arbitrator. If the arbitrator finds that the
violation is significant, the paraprofessional can be suspended without pay for up to two
months. But if an arbitrator finds that the DOE does not have probable cause for a
suspension, the paraprofessional will be returned to school or reassigned with pay
pending the outcome of the investigation.
If after an investigation, the allegations against the paraprofessional are found to be
unsubstantiated, within 30 days the paraprofessional will receive back pay for the amount
of time of the suspension without pay.
SUBSTITUTE TEACHER TERMINATION (See Agree. Art. 21D1; DOE By-Laws)
A non-appointed pedagogue filling a full-time vacancy who receives a u-rating and is
terminated is entitled to review procedures as prescribed in the By-Laws.
Version 1.1
Back to table of contents
Back to Due Process
RATINGS
Pedagogues filling long-term positions are ordinarily rated once per year. The principal
must rate any pedagogue who serves 20 days in her or his school. (DOE By-Laws)
There are currently two evaluation processes in DOE schools. Classroom Teachers,
who teach an average of two periods daily for at least six months of the school year,
are evaluated under the Advance Rating System. All other pedagogues are evaluated
under the S/U system.
The rating officer is ordinarily the principal under either system.
Under the S/U system ratings may be:
SATISFACTORY (S)
UNSATISFACTORY (U) — may be accompanied by a discontinuance of
probationary service/denial of completion of probation.
DOUBTFUL (D) — may only be given to a probationer in the first year of
service. The individual may not be completing probation.
NOT APPLICABLE (N/A) — may be used only when a pedagogue is
reassigned out of his or her regular assignment for disciplinary reasons. It
applies only for the period of reassignment and cannot be used in any
proceeding.
A U-rating may be accompanied by a discontinuance of probationary service or denial
of completion of probation. A pedagogue who receives notice of discontinuance of
probationary service or denial of completion of probation is entitled to a review
procedure as provided in Article 5 Section 5.3.4 of the By-Laws. A pedagogue who
receives such notice should be advised to call the borough office immediately.
A discontinuance of probationary service does not terminate a teacher’s license but
merely the probationary service in a particular district. If the teacher can secure a new
position in a different district, he/she can begin a new period of probationary service.
S/U Ratings are due:
Within the last 10 school days of the year, but no later than four days before the end of
the school year.
Not more than four days following the termination of service for a person whose
assignment is terminated at some time other than the end of the school year. (By-
Laws)
Version 1.1
Back to table of contents
Back to Due Process
U-ratings or D-ratings must be accompanied by support data.
Under the Advance system ratings may be:
HIGHLY EFFECTIVE (HE)
EFFECTIVE (E)
DEVELOPING (D) — a teacher who receives this rating will be subject to a
Teacher Improvement Plan (TIP). (See the Advance Ratings section for more
information.)
INEFFECTIVE (I) — a teacher who receives this rating will be subject to a
Teacher Improvement Plan (TIP). (See the Advance Ratings section for more
information.)
Advance Ratings are due:
The Measure of Teacher Performance Rating (MOTP) is due by June 26. Overall
Ratings, which include Measure of Student Learning (MOSL) Scores, are due
by Sept. 1.
Consequences of an adverse rating (U or I):
A pedagogue who has not reached the maximum pay step may be denied salary
increments until they are rated satisfactory, developing, effective or highly
effective.
Should an adverse rating be reversed on appeal, the employee will retroactively be
placed on his or her proper pay step with interest.
An applicant for another license may be denied the license on the basis of adverse
ratings.
A probationer who receives an adverse rating in the last year of probation may be
denied tenure.
An adverse rating may lead to attempts to dismiss the person, even when he or she
has tenure. For the person’s rights in such a case, see “Tenure” in the “Membership
Benefits” section.
Other ratings pedagogues receive:
Probationers receive a report on teaching service during each year of probationary
service. This is more detailed than the annual rating for tenured teachers and asks for
the principal’s recommendation for continuation of service. The teacher must receive a
copy at the time of filing.
Version 1.1
Back to table of contents
Back to Due Process
Teachers who receive an Ineffective, Unsatisfactory or Doubtful rating, or fear they
are likely to receive one, should confer with their chapter leader and arrange to see a
representative in their borough office as soon as possible. They should bring all
papers that may bear on the rating: reports of observation, notes for reprimand, etc. If
the teacher is tenured she or he may want to seek the services of the Peer
Intervention Program.
ADVANCE RATINGS
Overall ratings are based on three components or measures: Measures of Teacher
Practice (MOTP) accounts for 60% of the rating and Measures of Student Learning
(MOSL) State and Local comprise the remaining 40%.
In the MOTP portion, teachers are observed multiple times over the course of the year
and each observation is accompanied by feedback. Evaluators score observations,
rating eight key components of the Danielson Framework for Teaching (2013) for
evaluative purposes.
There are four observation options in Advance. The teacher chooses their option at an
Initial Planning Conference — which is held in the fall — by the last Friday in October.
Measures of Student Learning (MOSL) used in Advance are based on student growth
over the year. State measures (20% of rating) include state-determined measures, and
for some grades and subjects, a list of allowable assessments that can be used. Local
measures (20%) of rating Includes options chosen from a state-approved list by the
school’s Local Measures Committee and submitted to the principal, who may accept
the recommendation or opt for the Local Measures default (schoolwide) measure.
Teachers who receive an overall rating of Developing or Ineffective work with their
evaluators to develop and implement a Teacher Improvement Plan (TIP). These plans
are not disciplinary in any way and are meant to assist and develop teachers. The plan
identifies specific improvement areas as well as a timeline and plan for assessing
improvement. As a part of the TIP, the teacher and his/her evaluator will engage in
three meetings throughout the school year to discuss and assess the progress the
teacher has made/is making toward achieving improvement on the outlined activities.
For more information, please see the Advance Educator Guide
APPEALS OF ADVERSE RATINGS
Adverse Ratings are not subject to the grievance procedure and are handled
through the borough offices.
Version 1.1
Back to table of contents
Back to Due Process
All pedagogues have the following procedural rights at appeal hearings:
• To appear in person
• To have an adviser present who may be an employee of the DOE or a
representative of the UFT. The adviser may not be an attorney.
• To confront witnesses
• To call witnesses
• To cross-examine witnesses
• To introduce relevant evidence
• To secure a copy of the testimony upon payment of a fee
Advance Rating System
Appeals are filed through the borough offices once final ratings are received in
September. Teachers who receive an overall rating of Ineffective should contact their
borough office immediately to begin the appeal process. Appeals under this system
must be specific and detailed. Trained advisers are available in each borough to assist
members through the process of filing their appeal.
All appeals must be scheduled within the school year in which they are filed, including
summer and excluding recess periods. Within 15 school days prior to the hearing the
department must submit a written response to the appeal and any additional
documents or written materials specific to the point(s) of disagreement that support
their response and are relevant to the resolution of the appeal.
There are two appeals under this system: Chancellors Appeals and Panel Appeals.
Chancellor’s Appeals:
Chancellor’s appeals are handled by the Department of Education’s Office of Appeals
and Reviews. A teacher in year one status (not rated ineffective in the prior year) has
the right to appeal their rating to the chancellor.
Chancellor’s appeals may address the substance of the rating, compliance with
negotiated procedures as well as adherence to procedures under State Education
Department law 3012-C and regulations of the commissioner. Additionally, the
issuance or implementation of the terms of the Teacher Improvement Plan, if
applicable, may be addressed.
All grounds for the appeal must be raised with specificity within the appeal. Grounds
not raised at the time the appeal is filed are deemed waived, and may not be raised at
the appeal hearing. The overall rating form must be submitted with the appeal.
An adviser/advocate is assigned by the borough office to represent the teacher at their
appeal hearing. Each side has two hours to present their case. The rating officer may
appear in person or via video conference or telephone. The teacher and all witnesses
shall appear in person.
Version 1.1
Back to table of contents
Back to Due Process
Panel Appeals:
The union may select up to 13% of the number of ineffective ratings to take to Panel
Appeals. The sole basis of these appeals is that the rating was based on “harassment
or something other than the teacher’s job performance.” The three-member panel is
made up of one member selected by the UFT, one member selected by the
Department of Education and a neutral arbitrator. The teacher is represented by an
advocate from the Appeals Division of the Grievance Department. The teacher bears
the burden of proving that the rating was based on harassment or something other
than job performance. Decisions in this forum are due within 30 days of the hearing,
and are precedential.
S/U Rating System
A pedagogue who receives an unsatisfactory or doubtful rating has three weeks
(exclusive of summer vacation) to submit notice of appeal in letter form to the
executive director of the Division of Human Resources with a copy to the principal. If
the pedagogue appeals directly, a copy should also be sent to the UFT borough office.
We encourage members to file through their UFT borough office.
It is not necessary or advisable to discuss the basis of the rating in this notice of
appeal. This applies to regular pedagogues, whether on tenure or probation. Per-diem
substitutes should also file a notice of appeal. Although they are not covered by the By-
Laws, they may have an opportunity for an interview. Appeals should be sent by
certified mail, within three school weeks following receipt of such notice. Once an
appeal is filed, the pedagogue is considered an appellant. The chancellor will direct the
rating officer to furnish the appellant with a statement of “reasons, facts and conditions”
upon which the rating was based.
A chancellor’s hearing officer will summon the appellant and other officially interested
persons to a hearing to review the matter, no later than one year from the date of the
rating complained of.
Usual practice of these hearings:
The rating officer presents his or her case. The advocate may cross examine the
rating officer.
The appellant then presents her or his own case, witnesses, documentary evidence
and her or his own testimony. The hearing officer may question the appellant.
Testimony is limited to the rating period. Evidence from an earlier or later time is
inadmissible.
Version 1.1
Back to table of contents
Back to Due Process
An audio recording is made at the hearing and become the official record. A copy may
be purchased at cost.
Where the record of the hearing is defective, the person is entitled to another hearing.
The appellant has the right to appeal the chancellor’s decision to the state
commissioner of education or the courts. Unless gross error, malice, prejudice or bad
faith can be proven, they are not likely to reverse the decision.
A person who wishes to appeal should consult with the borough office. Such an appeal
(the actual appeal, not merely the notice of appeal) must be filed within 30 days of the
act complained of. Delay in consulting with an adviser may block an appeal. These
appeals are not taken frivolously.
Version 1.1
Back to table of contents
Back to Due Process
GRIEVANCES
Introduction
Types of Grievances Chart
Step 1 Grievances
• Preparing the
grievance
• Processing the grievance at Step 1
• Presenting the grievance
• Rules and tips
• Awaiting a decision
• Step 1 grievance checklist
• Step 1 grievance filing manual
Processing the grievance at Step 2
Processing the grievance – Arbitration
Other types of grievances/ complaints
• Class size
• Per session/special groups of teaching staff.
• Safety .
• Salary and leave.
• Special types of grievances
• APPR
• School reorganization
o Reorganization fact sheet
o Timetable of reorganization grievances
o Expedited grievance procedures
o Teacher contract - Elementary assignments
o Teacher contract - Junior High assignments
o Teacher contract - High School assignments
General provisions as to the grievance procedure
Harassment
Consiliation
Version 1.1
Back to table of contents
GRIEVANCES
INTRODUCTION
The contract is only as good as its enforcement. At the school level you, the chapter leader,
are the guardian of the contract. One of your roles is to make sure that members are aware of
their contractual rights and how the contract not only protects us but also is a tool that can help
further education (i.e. class-size limits). Knowledge is power. When called upon to protect
those rights, informal meetings and discussions are always a good place to start. The more
formal avenues of consultation, conciliation and/or the grievance procedure are also tools at
your disposal. You must decide which is the best route to take in a particular situation, but you
need not, and should not, make that decision alone.
The UFT provides numerous support services for chapter leaders. In addition to the contract
and this handbook, your district representative and the staff at the UFT borough offices are
there to help you. They have access to grievance precedents, legal advice and a
knowledgeable and professional grievance department. They also have experience in conflict
resolution and alternate ways to resolve both grievances and complaints that are not grievable.
Please call on them for assistance. The UFT also offers chapter leader training sessions and
workshops specifically designed to assist you in your role as chapter leader. We encourage you
to take advantage of them.
This section is designed to assist you in analyzing a situation, deciding how best to address it
and follow it through to its conclusion/resolution.
Determine whether the problem is a grievance
A grievance is a violation of the contract, or of established DOE policy and practice as
embodied in By-Laws, Circulars, Personnel Memoranda, Chancellor’s Regulations, etc. A
grievance is not a violation of a so-called “school policy.” A grievance is not a gripe against a
fellow worker, a personal disagreement or a non-work-related problem. It may be necessary to
talk to the complainant at length to determine whether or not a grievance exists. Consult the
relevant sections of this handbook and the appropriate contract to help you decide. It is always
a good idea to get in touch with your district representative as well.
What if the problem is not a grievance?
Not all disputes rise to the level of a grievance. If you are sure the problem is not a grievance,
explain to the member why it is not a grievance. Recognize the fact that this situation is real for
them and that they are seeking your assistance and your guidance. Suggest alternate ways of
solving the problem, if you can. Although an out-of-school problem is not a grievance, you may
be able to refer a member to someone who can help him or her. If you are unsure as to what
guidance to offer, union staff may be able to advise you of other ways to address the issue, such
as your UFT Chapter Consultation Committee or conciliation.
Version 1.1
Back to table of contents
Back to Grievance
Grievances
Updated: 2018
Types of Grievances
Type of Grievance
What to file
Deadline for Filing
Present to
Step 1 Decision Due
Regular Grievance
(improper excess, denied
duty-free lunch, para
termination, denied
curriculum, untimely letter for
file, etc.)
Online Step 1
grievance form
Within 30 school
days of knowledge
Principal
Within 5 school days of
receipt of grievance
Reorganization Grievance
(denied preference, excessive
number of classrooms, denied
cluster or comp time position,
etc.)
Online Step 1
grievance form
Within 2 school
days of knowledge
Principal
2 days after receipt of
grievance
Class Size Grievance
RACL or Master
Schedule Final to
DR
10
th
school day of
each term
Notify
principal of
any class size
violations
Informal resolution
period after which union
files demand for
arbitration
Per Session Grievance
(retention, selection, or
reduction)
Online Step 1
grievance form
Within 2 workdays
of knowledge
Head of
Activity
Within 2 school days
after receipt of grievance
Salary/Leave Grievance
Handled by
borough office,
not by chapter
leader
Within 3 months of
knowledge
Office of
Appeals &
Review
Within 48 school days
Version 1.1
Back to table of contents
Back to Grievance
PREPARING THE GRIEVANCE
If you decide that a matter is grievable, it is your responsibility to assist the member in filing
the grievance and to represent the member and the union at the Step 1 conference. In order
to determine if a matter is grievable, make sure to check the appropriate contract (remember
you represent all UFT titles in your school) and contact your UFT district representative. Even
if you determine, in consultation with your DR, that a matter is not grievable, the member has
the right to file a Step 1 grievance. However, only the union has the right to proceed to Step 2.
In order to file the grievance properly you must have as much information as possible. Facts
are ammunition: Be sure you get all the facts from the grievant. Explain to the grievant that you
are asking questions so that you will both be prepared for whatever questions or arguments the
DOE presents. Cover all the weaknesses of his or her case as well as the strengths. Do not be
satisfied with generalities.
Check the appropriate contract; some functional chapters (guidance counselors, secretaries,
paraprofessionals etc.) have separate contracts. Make note of the article number of those
sections which are being violated. If you believe there is a violation and cannot find a
contractual Article that corresponds to the situation, it is possible that the situation is covered by
regulations, rulings, resolutions, directives, etc. issued by the DOE that govern or affect salary
and working conditions. It is also possible that there is a violation of a Department of Education
policy and practice. Violations of policy and practice or regulations, rulings, etc., are grievable
under Article 20 of the Teacher’s Agreement.
PROCESSING THE GRIEVANCE AT STEP 1 (See Agree. Art. 22B1a) Step 1 grievance
request
Step 1 grievances must be filed via the UFT’s electronic filing system. As chapter leader, you
are the only person in your school with access to this system, so it is your responsibility to file
grievances for any member who approaches you. To file an online grievance, you must go to
www.uft.org and sign in. Click on the section for chapter leaders and then click on “grievances”
on the blue menu on the left of the screen and follow the directions for filing a step 1 grievance.
You must have the member’s payroll name and Social Security number in order to file a
grievance on her or his behalf. Carefully follow the prompts and instructions to input the
grievance. (Step-by-step instructions are laid out at the end of this chapter of the handbook.)
Remember to print copies of the grievance to give to the principal or other appropriate
supervisor, as well as keeping a copy for yourself, the grievant, and your district representative.
You must give the appropriate supervisor a copy of the grievance within the specified
contractual time frame! Remember that you have not filed a grievance by filing online!
The grievance must be submitted to your principal or appropriate supervisor!
The specified time frames for filing a grievance are as follows:
Regular grievance: within 30 school days after the employee has knowledge of the act or
condition which is the basis of the complaint.
Per session selection, retention or reduction of positions grievances: within two workdays
after the employee has knowledge of the act or condition which is the basis of the complaint.
Version 1.1
Back to table of contents
Back to Grievance
Salary and leave grievances: within three months after the employee has knowledge of the
act or condition which is the basis of the complaint.
Reorganization grievances: within two school days after the employee has knowledge of the
act or condition which is the basis of the complaint.
Once the principal has received the grievance, it is his or her obligation to arrange for a
grievance conference.
Explain to the grievant why it is important that you represent him or her and to let you do the
talking. She or he may harm herself or himself. You have the right and obligation to be at the
Step 1 conference even if you do not represent the grievant.
Before meeting with the principal, prepare the grievant. Discuss possible remedies with the
grievant and explain what is and isn’t an appropriate remedy. Decide on strategy, how to
present the grievance, what facts to use and how to answer arguments you anticipate from the
principal. Discourage the grievant from doing the talking. You are there as a buffer between the
grievant and the administration. You should present the arguments. Grievants should write
notes to the chapter leader during the conference if additional arguments need to be raised.
Presenting the grievance
The grievance conference should be conducted at a time and place which affords a fair and
reasonable opportunity for all persons entitled to be present to attend.
At the conference with the principal, much depends on your attitude. In the process of
presenting a grievance, a chapter leader and the principal are equals. The principal may
have the backing of the superintendent, but you have the UFT behind you. Keep notes of
the grievance hearing for use at the next step, stating the principal’s position.
Start by telling the principal the contractual clause and language that you are relying on. Then
ask the principal how the condition you’re complaining of came about. This serves several
purposes. First, it puts the focus on the contract as opposed to a personal matter. Also the
principal may have information which you do not have, no matter how carefully you prepare your
case. It makes the principal defend and/or explain his or her actions. It also helps establish real
communication between you. This is a prerequisite for a fruitful meeting.
Present your case and tell the principal how the union wants this grievance settled. Ask for a
specific remedy. Remember that the remedy is limited to correcting the contract violation and
cannot be punitive. If the principal gives you an argument, don’t retreat. Stick to your guns and
show him or her that the contract supports your position. If the principal offers a possible
resolution to the grievance, take the grievant outside and discuss it.
Keep the following rules in mind
Don’t lose your temper. Few people can think straight when they’re angry. This isn’t personal, it’s
about a contract violation.
Don’t let the principal sidetrack you. If it is attempted, talk it through and then come back to the
facts of the grievance.
Version 1.1
Back to table of contents
Back to Grievance
Don’t be talked into a trade where you lose on one grievance and win on another. This is
unfair to the grievant involved. It will boomerang against the union. Settle each case on its
own merits.
However, if a compromise is possible and appropriate, find out before the meeting what the
grievant would accept. If it becomes evident that a compromise is being offered that you did not
discuss with the grievant, you may ask for a brief recess and step outside with the grievant to
discuss it. Do not accept a compromise with which the grievant disagrees or one that would
violate another member’s rights. If you are not sure about a compromise or a resolution, check
with your district representative to make sure that the agreement is appropriate.
Don’t let the principal break up the united front between you and the grievant. If a
disagreement arises, take time to straighten it out in private. Make sure that the grievant is
prepared for this in advance.
Awaiting a decision
Don’t let the principal stall. Keep the time limits in mind. Remind the principal of these limits. Ask
for a written decision if a resolution is not reached. Remind the principal that she or he has five
school days to respond with a written decision from the date of the filing of the grievance.
Make duplicate copies of all of your grievances. Keep a copy for your own records and have the
grievance appeal, notes of the conference, and Step 1 decision and all documents related to
the grievance sent to the district representative. These will be invaluable in several ways:
• in pursuing the grievance further.
• in reducing later disagreements on the facts and merits of the case
• as suggestions to the union for future negotiations
• as a way of showing non-believers how the union helps members
If the grievance is sustained, you have performed a great service for the member. If the
grievance is denied, discuss with the member whether or not he or she wishes to proceed to
the next step. If the grievant wishes to go forward to the next step, notify your district
representative immediately and forward all documents to him or her.
Version 1.1
Back to table of contents
Back to Grievance
Grievances
Updated: 2018
Step 1 Grievance Filing Checklist
Meet with member to determine the violation, the articles violated and the remedy the
member is seeking.
Gather any supporting documentation you will need. Examples:
A letter for file
A posting
A directive from the administration
A specific Chancellor’s Regulation
An application for a per session job
A seniority list
File the grievance using the online system.
Print a copy, have the member sign it, and give a copy to the principal. Keep a copy for
yourself. A grievance is not “filed” until it has been given to the principal.
Keep proof that the grievance was filed with the principal. Scan the grievance and email
it to the principal as an attachment. If that is not possible, have the secretary write
“received” and the date and make you a copy or follow up with an email to the
principal. You could also leave a copy of the grievance in the principal’s mailbox and
send a follow up email to the principal stating that you left the grievance in the
mailbox and ask him/her to schedule a time in the next five school days to discuss
the grievance.
Attend the Step 1 conference with your member. The principal should hold this within 5
school days of receipt of the grievance. Explain to the principal what the violation is
and how it can be resolved.
If the grievance is resolved at the school level, direct the member to email you and the
district representative stating that the matter has been resolved. Make sure the
member includes the grievance case number so that the case can be closed.
If the grievance is denied (or if the principal fails to meet with you
and issue a
decision
within 5 school days), forward the Step 1 grievance, decision from the principal, and
all supporting documentation to your district representative.
Do this as soon as you
receive the written decision or 5 school days have elapsed,
whichever comes first
.
Version 1.1
Back to table of contents
Back to Grievance
PROCESSING THE GRIEVANCE AT STEP 2 (See Agree. Art. 22B1b)
Once a decision has been rendered at Step 1, the grievance has either been
sustained or denied. The denial must be reviewed by the union.
Only the union may appeal or initiate grievances at Step 2 and arbitration.
The UFT’s step 2 grievance committee meets to consider proceeding to Step 2 on all
denied cases.
The grievance committee discusses the merits of the case, reviews precedents and
considers the possible effect of the grievance on the members of the bargaining unit.
(If the grievance has been filed by a member of a functional chapter, the chapter
leader is called and consulted.)
If the grievance committee finds that the case has merit, an appeal is filed with the
chancellor c/o Office of Labor Relations. The borough office will assign a grievance
advocate, to represent the member at Step 2. The chapter leader also has the right to
be present at the Step 2 conference and should attend if at all possible.
If the grievance committee declines to press the case further, the grievant is notified.
Someone from the borough office can explain to the grievant why it is not being
pursued to the next step. The grievant is informed of the internal appeals process in
the letter she or he receives indicating that the grievance is not being pursued to the
next level. The grievant then has the right to appeal the decision of the borough’s
grievance committee. This appeal is filed with the UFT Grievance Department. If the
Grievance Department upholds the decision of the borough’s grievance committee
not to proceed, the member may appeal to the Administrative Committee (Ad Com)
of the UFT officers. This is the final level of appeal.
PROCESSING THE GRIEVANCE AT ARBITRATION (See Agree. Art. 22C)
A grievance which was not resolved at the level of the chancellor under the grievance
procedure may be submitted by the union to an arbitrator for a decision if it involves
the application or interpretation of the Agreement.
The grievant must proceed through the union. The UFT Grievance Department
reviews each case not resolved at the chancellor’s level. Should the UFT decide that
a case does not have sufficient merit to be taken to arbitration, the grievant will be
notified and entitled to an internal appeal process similar to the one described above.
The grievant will also be notified if their case will be scheduled for arbitration and the
arbitration process will be explained to him or her.
Version 1.1
Back to table of contents
Back to Grievance
OTHER TYPES OF GRIEVANCES
Class-size grievances (See Agree. Art. 22B7, 22G)
When filing class-size grievances, the member need not sign any individual grievance form.
Rather, the chapter leader and the administration must attempt, during the first 10 days of the
term, to resolve individual class-size situations. It is expected that during the first 10 school
days, the principal will consult and seek assistance from the superintendent and the chapter
leader will consult with the UFT district representative to attempt to resolve all class-size
problems. Complaints arising at any time during the school year will follow the expedited time
frame detailed in the Agreement.
If the principal and chapter leader cannot resolve class-size problems within the school, after
the first 10 school days the union may file a demand for arbitration within two school days of
their failure to resolve the grievance. You have a right to have access to any computer
information (RACL reports, master schedule final reports, etc.) regarding class size. Remember
that this information may change on a daily basis, as students are admitted and discharged.
Your district representative will contact you and ask that you provide information regarding how
many oversized classes there are in your school on the first day of classes, the sixth day of
classes and also on the 10th day. It is very important that you provide this information when
requested.
Per-session grievances and grievances for special groups of teaching staff (See Agree.
Art. 22B2)
Grievances for per-session employees are presented at Step 1 to the head of the particular
per-session activity and at Step 2 to the chancellor (by the union). Remember per-session
selection, retention or reduction of positions grievances must be filed within two workdays
after the employee has knowledge of the act or condition which is the basis of the complaint.
Safety complaints (See Agree. Art. 10B)
When there is a complaint by a member that there has been a violation of the safety plan, such
grievance is initiated with the principal.
Salary and leave grievances (See Agree. Art. 22B3)
Salary and leave grievances must be filed with the executive director of the Division of Human
Resources by the union through the borough office. Remember, salary and leave grievances
must be filed within three months after the employee has knowledge of the act or condition
which is the basis of the complaint.
Special types of grievances (See Agree. Art. 22B8)
Grievances arising from the action of officials other than the head of a school may be initiated
with and processed by such officials in accordance with the provisions of Step 2 of this
grievance procedure. Where appropriate, such grievances may be initiated with the chancellor
by the union. This type of grievance may only be filed by the union.
Version 1.1
Back to table of contents
Back to Grievance
APPR Complaints
Our contract includes a provision that allows teachers to challenge procedural flaws in their
observations and/or other aspects of their evaluation. This “streamlined process to resolve
APPR compliance issues” has come to be known as the APPR Complaint. If the complaint is
not resolved by the principal or superintendent, it has the potential to be heard at an expedited
arbitration hearing by a neutral arbitrator. The union is limited to 150 expedited arbitration slots
each year.
An APPR complaint must be filed directly to the principal within five school days of knowledge
of the occurrence by filling out an APPR Complaint form on the UFT website and presenting a
copy of the form to the principal. At the same time, the teacher, through you as their chapter
leader, forwards all pertinent information to his/her district representative, who will attempt to
resolve the complaint at school and if necessary, the district level
• If not resolved within 10 school days of filing the complaint, the UFT borough office may
refer it to the Central UFT Evaluation Committee
• Central UFT Evaluation Committee reviews all cases referred by the boroughs
• If a complaint has sufficient merit, the Central UFT Evaluation Committee files an “Intent to
Arbitrate” with the DOE. The UFT can schedule arbitrations for up to 150 complaints each
year
Filing an APPR Complaint
In order to file an APPR Complaint, the teacher who has the complaint must sign in to the UFT
website and then click on the link to the APPR Complaint form. The quickest way to get there is
to type “APPR Complaint” into the search box. The teacher fills in all fields including a brief
description of the procedural issue(s) in question and then prints out a copy to give to the
principal, thus initiating the complaint. An email will be automatically sent to the teacher’s
district representative with all the information provided by the teacher. The district
representative will then contact the principal and attempt to resolve the issue. Chapter leaders
should be ready to assist the district representative and the teacher filing the complaint in any
way possible.
When to file an APPR Complaint
It is important to note that this process is limited to compliance issues and cannot be used to
challenge the judgment of the evaluator in arriving at a teacher’s component ratings. Some of
the most common procedural errors by evaluators are:
• Observable components not rated
• No lesson-specific evidence provided
• No teacher-specific evidence from 15 days prior to the observation provided for the
Preparation and Professionalism section
• Evidence from outside the observation cycle or, for the P&P section, outside of the 15-day
prior window has been evaluated
• No feedback given prior to receiving observation report
• Evidence for component is not aligned to Danielson rubric
The more knowledge you as chapter leader have about the proper way evaluations should
occur, the more likely it is that teachers in your school will be evaluated in a fair and objective
manner. Informing your members of what is required of administration in evaluations and on
the appropriate use of the APPR Complaint can help us get closer to this goal.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Updated: 2020
I. General:
A. Contract defines reorganization rights in Article 7.
B. Only the following issues are arbitrable at an expedited hearing:
Program Preference: grade level, more/less difficult, subject, sessions, special classes,
special education classes; Special Teaching Positions; Cluster Positions; Compensatory Time
Positions; Rotation; Number of Preparations; Numbers of Rooms; Postings; Consultations
C. Only teachers have the contractual right to file reorganization grievances.
D. Paraprofessionals do not receive programs and therefore cannot file reorganization
grievances
E. Guidance Counselors receive programs, but their CBA does not provide for the expedited
reorganization grievance process.
II. Timetable (see also Handout #2 for all reorganization steps):
A. Teachers have 2 school days from knowledge of the act or condition which is the basis of a
complaint to file a Step 1 reorganization grievance. Chapter Leaders contact DRs before filing.
B. Principal must meet with grievant & representative AND render a decision within 2 school
days of Step 1.
C. If decision does not satisfy the grievant or if the principal does not render a decision, the
Union has 2 school days from the date of the step one grievance conference to file a step 2
grievance with the superintendent. The teacher should contact the district representative
immediately and forward all documentation so that this can be done timely.
D. The Superintendent shall hold a step 2 conference within 3 school days of receipt of the step
2 appeal. The Superintendent must render a decision within 4 school days following the step
2 conference.
III. Expedited Arbitration:
A. Contract defines arbitrability of reorganization grievances in Article 22B5 on pages 130-131.
Actual arbitration process defined in 22F1-8 on pages 136-137.
B. The Grievance Department schedules 5 grievances per Arbitration day before each arbitrator.
Each case takes approximately 1 hour.
C. With assistance from the Grievance Department, the grievant prepares a statement (see
Handout #6 for a sample statement). The grievant reads this statement to the arbitrator.
Principal then does the same. Grievant and principal have opportunity for rebuttal.
D. Only principal can appear by phone; if principal appoints a designee, that designee must
appear in person.
E. Arbitrators have 5 days to render a decision and decisions rendered before October 10
th
are
implemented in that school year.
F. Decisions are non-precedential. Arbitrators simply write “sustained” or “denied” without
opinion (explanation). Decisions do specify the remedy.
Reor
g
anization Fact Sheet
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Update: 2020
Name:____________________________________ School: ________________________District:_________________
Event Member must
Deadline Date
Knowledge of complaint
t
alk to chapter leader
File Step 1 grievance with
principal
sign Step 1 grievance
request chapter leader file Step 1
with principal
present Step 1 Appeal form to
principal
within 2 school days of knowledge
of complaint
_______ / ________ /20___
Principal meets with
member & chapter leader
re: S
t
ep 1
meet with principal in an attempt to
resolve
within 2 school days following date
of filing of Step 1 grievance _______ / ________ /20___
Step 2 grievance filed with
superintendent
Immediately forward all
documentation to the district
representative and request to
proceed to Step 2
Borough office then files Step 2
with superintendent
within 2 school days following the
Step 1 conference
_______ / ________ /20___
Superintendent meets with
grievant, UFT
representative
meet with superintendent within 3 school days following filing
of Step 2 _______ / ________ /20___
Superintendent renders
decision
speak with chapter leader/UFT
representative
within 4 days following
superintendent meetin
g
_______ / ________ /20___
* UFT decides if grievance has sufficient merit to proceed to arbitration.
The UFT will notify the member with a decision.
Timetable For Special Procedures for Reorganization Grievances
Version 1.1
Back to table of contents
Back to Grievances
Reorganization Grievances
Updated: 2020
22B-5. Expedited Reorganization Grievance Procedure
The parties are committed to resolving reorganization grievances on an expedited
basis. To that end, they have jointly adopted the appropriate and agreed upon standards for
determining these cases in the hope that school administration and UFT representatives will
be able to resolve many of these matters locally, without the need to resort to arbitration. The
parties intend joint training to familiarize those involved with the cases in the agreed upon
standards and the new procedure being adopted.
a. Reorganization arbitrations shall be scheduled during the last two (2) weeks of
June, and the first three (3) weeks in September. If necessary, cases may be heard through the
end of September. For reorganizations that take place in February, arbitrations shall be
scheduled during the month of February. Complaints arising at any time during the school
year will follow the expedited time frame detailed below. These arbitrations shall count
toward the two hundred (200) arbitration dates that are permitted to be scheduled per year for
all UFT grievances.
b. The current deadlines by which teachers must receive their programs shall
continue.
c. The chapter leader shall be considered a proper grievant in all grievances relating
to program deadlines and contractually mandated consultations, including allegations that
postings are inconsistent with an agreement reached at contractually mandated consultations.
d. An employee shall notify the principal or his or her designee of a complaint within
two (2) school days, after the employee has knowledge of the act or condition which is the
basis for the complaint. Within two (2) school days following notification, the principal or his
or her designee must meet with the employee in an effort to resolve the complaint. The
employee may choose to be accompanied by the chapter leader. If the complaint remains
unresolved, the employee shall have two (2) school days from the date of the grievance
conference to file a grievance appeal with the Superintendent. A copy of the grievance appeal
shall be forwarded to the chapter leader and the UFT district representative.
e. A Demand for Arbitration shall be filed contemporaneously with the district level
grievance, with a copy to be forwarded to the appropriate Superintendent(s) and the Board’s
Office of Labor Relations and Collective Bargaining.
f. Both the employee and principal, or his or her designee, must attend a conference
conducted by the Superintendent or his or her designee. The UFT district representative or
his or her designee shall be present to observe the process and represent the UFT. The
conference shall be held within three (3) school days of receipt of the district level grievance
appeal. The Superintendent or his or her designee shall have four (4) school days from the
conference to render a decision on the grievance.
g. The decision shall set forth reasons. If no decision is issued within four (4) school
days of the conference, the UFT may proceed to arbitration. The UFT shall notify the
Superintendent(s) and the Board’s Office of Labor Relations and Collective Bargaining of its
intent to proceed to arbitration.
h. Arbitrations may commence as early as seven (7) school days from the initial
filing of the grievance and shall proceed using procedures detailed in paragraph F of this
Article.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Update: 2020
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Update: 2020
7C-1. Teacher Assignments (Elementary School)
a. the procedures to be used in making assignments for the coming year. Plans, goals
and personnel needs for special programs should also be discussed.
b. At that time, teachers should be given an opportunity to fill out “preference
sheets” indicating three preferences in order of priority of grade level and type of class on
that level or, in the case of special education teachers, the age range of special education
classes and education program designation (e.g. staffing ratio, collaborative team teaching,
SETSS, etc.) with the understanding that, where advisable and possible, such preferences
will be honored. Teachers should be given an opportunity to discuss their assignment
requests with their principal.
c. Teachers in schools with eight period days shall indicate their professional
activity preferences pursuant to Article 7C4g (Professional Activity Options) and Article
7U (Professional Activity Assignment Procedures).
d. With regard to requests as to grade level or special assignment (such as IGC), or,
in the case of special education teachers, requests as to age range of special education
classes, teachers with the highest seniority in the school should be given preference if
qualifications for the position are the same.
e. Grievances hereunder may be lodged if:
(1) In any year an elementary school teacher fails to be granted one of his/her stated
program preferences; or
(2) For two years in succession the elementary school teacher has been denied
his/her first priority of program preference.
Any assignment that is grievable shall be reviewed in accordance with the standards
applicable to Articles 7C1b and c.
f. Vacancies in special teaching assignments occurring at any time during the year
which will extend through the year shall be filled in the same way as vacancies occurring
at the beginning of the year, except that this provision shall not apply to vacancies
occurring one month before the end of the school year.
g. The Board will prepare and make available in every school, in time for teachers
to apply for assignments, an official circular setting forth the uniform system-wide
qualifications required for assignment as a teacher of an IGC class.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
IUpdate: 2020
h. In order to make certain that teachers are not frozen into positions which are
relatively easy or difficult, the following procedures should be adopted in making class
assignments (other than special assignments, such as IGC) on a particular grade level:
(1) On each grade level, classes should be divided into two categories, difficult and
less difficult, in terms of reading achievement. In general, a teacher who has been assigned
to a class in the one category for a period of one year should be assigned to the other
category for the next year. Teachers who have served in a school for one year or longer
should receive assignments for the next school year before June 15.
(2) In the case of IGC classes the policy of rotation every three years of qualified
teachers should be followed.
(3) The policy of rotation within the grade should be followed in the assignment of
teachers to portable classrooms, annexes, and other out-of-building facilities except for
unusual circumstances.
i. A continuous record of teacher assignments should be kept at the school and be
made available to chapter leaders.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
U. Professional Activity Assignment Procedures
1.
The number of available positions for each professional activity and the
qualifications and responsibilities required for each activity shall be set by the principal in
consultation with the Chapter Leader. Each spring, but no later than April 15th, the
principal shall meet to consult with the Chapter Leader on the number of positions for
each menu item. Should the Union believe the number of positions for administrative
activities set by the principal is inappropriate, or should a teacher believe a selection
decision is in violation of the Agreement, the Union may appeal to the Chancellor. The
Chancellor or his/her designee will consult with the Union President, or his/her designee,
prior to issuing a decision on the appeal. The Union may appeal the decision of the
Chancellor or his/her designee within 15 days to the NYC Office of Labor Relations,
which will issue a final and binding decision.
2.
Teachers shall select each spring (following the timeframe for program
preferences listed under Articles 7A, 7B, 7C, and 7K in this Agreement) in priority order,
three (3) activities from the menu they want to participate in for the following school
year. The principal shall make assignments based on qualifications and availability of
positions. If more teachers seek particular activities than positions are available, the
principal shall select the most qualified teacher(s); and if the candidates are equally
qualified the candidate with the most school seniority will be selected. To the extent
possible each teacher shall receive one of the three (3) activities for the following school
year. If this is not possible, the teacher will be given the opportunity to select three (3)
additional choices, one of which will be granted, subject to qualifications, and unless
sufficient teachers do not choose a particular activity. If sufficient teachers do not choose
a particular activity with any of their six (6) choices, the Principal will assign teachers to
these activities on a rotational basis in inverse seniority order with no teacher being
involuntarily assigned to an administrative activity for consecutive years.
3.
Teachers new to the school system and those teachers in danger of receiving an
unsatisfactory rating may be assigned by the principal to professional development or
common planning as their professional activity, regardless of their preferences, to further
enhance their teaching skills. A teacher in danger of receiving an unsatisfactory rating
who is assigned to AM or PM bus duty may be assigned by the principal to professional
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Update:
2020
development or common planning as their professional activity in lieu of AM or PM bus
duty. Teachers hired in the fall will be offered three choices by the principal from the
menu.
4.
Each teacher shall be notified in writing by the principal prior to the end of the
school year, pursuant to Articles 7A, 7B, 7C, and 7K of the activity they have been
assigned for the following school year and it will be incorporated as part of his/her
program.
5.
Teachers serving in compensatory time positions, pursuant to the SBO process
(defined in Articles 7A, 7B, 7C and 7K and Circular 6) shall continue to do the work of
their position during their professional periods (except to the extent the SBO specifically
states otherwise) and must at the beginning of each term submit to the principal for
approval a plan for the use of their professional periods.
6.
Teachers serving as athletic coaches, pursuant to Article 15 of this Agreement,
and receiving per session pay for such activity, shall be permitted to use their
professional periods to further the work of their activity, and must at the beginning of
each term, submit to the principal for approval a plan for the use of their professional
periods.
Any teacher may grieve the failure to follow the terms of this provision pursuant to
the regular grievance and arbitration provision of this Agreement. However the
assignment of particular activities hereunder shall not be grievable. The Union may
challenge the assignment of a particular activity by appealing, within 15 days, to the
Chancellor/designee, who will consult with the Union prior to rendering a decision. The
Union may appeal the decision of the Chancellor/designee to the New York City Office
of Labor Relations, which will issue a final and binding decision.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Updated:
2020
7C-4g. Professional Activity Options (Elementary School)
(1) Teachers in eight period per day schools must select a professional or
administrative activity in accordance with the provisions of this section and Article 7U
(Professional Activity Assignment Procedures). This provision shall not create an
additional teaching period, as that term is defined in the Collective Bargaining Agreement.
The menu of activities to be offered to each teacher shall be from among the
following:
(a) Small group instruction (not to exceed 10 students)
(b) One to one tutoring
(c) Advise student activities such as clubs, teams or publications
(d) Perform student assessment activities (including portfolios, performance tests,
IEPs, ECLAS, etc.)
(e) Professional development/prepare staff development workshops and
demonstration lessons
(f) Common planning time
(g) Conflict resolution for students
(h) Cafeteria duty
(i) Schoolyard duty
(j) Hallway duty
(k) AM bus duty
(l) PM bus duty
(m)Homeroom
(n) Provide inter-disciplinary articulation
(o) Develop multi-cultural curriculum
(p) Develop programs to integrate technology into the daily life of the classroom
Teachers performing homeroom fulfill the requirement of the professional period.
Teachers selecting AM or PM bus duty will use their professional activity period as a
preparation period.
Any teacher who wishes to participate in a professional activity not listed on the
above menu may, upon approval of the principal, select such an activity.
(2) Such compensatory time positions as dean, programmer and grade advisor may be
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
March 7-8, 2020
recreated.
(3) To strengthen school tone and to ensure student safety and discipline, the Union
and Board agree that in each school the principal shall have the discretion to establish and
fill one compensatory time position of lunchroom coordinator to supervise school aides in
each lunchroom for each lunch period;
The above compensatory time position shall be established and filled without
following the procedural requirements that are applicable to other compensatory time
positions, such as consultation, approval or voting. Contractual provisions regarding
notification and selection of applicants for compensatory time positions shall be followed.
This provision shall not result in any teacher being required to work beyond the maximum
number of teaching periods provided for in this Agreement. No teacher shall be
involuntarily assigned to any of the above compensatory time positions. Resources available
to the school shall be maintained at the same level which would be required if the proposal
were not in effect.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Updated: 2020
7B-2. Program Guidelines (Junior High School)
Wherever administratively possible, teacher programs should follow these guidelines:
a. Teachers should have at least one unassigned period each day.
b. There should be no more than three consecutive teaching assignments, except for
teachers of subjects normally programmed for double periods.
c. There should be no more than four consecutive working assignments (including
professional activities).
d. The number of different rooms in which assignments occur should be held to the
absolute minimum administratively possible.
e. The number of lesson preparations should be kept at the minimum consistent with
the nature of the subject, the size of the department, the special offerings of the department,
and special requests of teachers. Classes for gifted, bright, average and difficult pupils
should be considered as separate preparations. Within a department, teachers with a full
teaching program should be given preference in the assignment of the number of
preparations.
f. Only one class per period should be programmed for the library.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Updated: 2020
7B-8e. Cluster Teacher Program (Junior High School)
e. To strengthen school tone and to ensure student safety and discipline, the Union and
Board agree that the following compensatory time positions may be established:
(1) In each school the principal shall have the discretion to establish and fill one
compensatory time position of lunchroom coordinator to supervise school aides in each
lunchroom for each lunch period.
(2) At the secondary level, principals shall have the discretion to establish and fill the
compensatory time position of dean, the number of which shall be based upon student
enrollment, i.e., up to 1,000 students, one dean; over 1,000 students, two deans.
The above compensatory time positions shall be established and filled without
following the procedural requirements that are applicable to other compensatory time
positions, such as consultation, approval or voting. Contractual provisions regarding
notification and selection of applicants for compensatory time positions shall be followed.
This provision shall not result in any teacher being required to work beyond the maximum
number of teaching periods provided for in this Agreement. No teacher shall be
involuntarily assigned to any of the above compensatory time positions. Resources
available to the school shall be maintained at the same level which would be required if
the position(s) were not in effect.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Updated: 2020
7A. Site Retention Rights (High School)
a. Site Retention Rights
Teachers serving in alternative high school programs shall have retention rights at
their sites subject to the following:
(1) If staffing needs within an alternative high school program (“Program”) requires
contracting the staff at one site and expanding staff at another site, the Board will first seek
volunteers who wish to transfer from the contracting site to the expanding site. The senior
qualified volunteer, based on excessing seniority, shall be selected. If no qualified volunteer
exists, the Board will transfer the junior teacher, based on excessing seniority, who qualifies
for the position. The teacher so transferred is entitled to return to his/her former site at the
next reorganization in accordance with his/her excessing seniority.
(2) If demonstrated needs require the Board to transfer a teacher to another site, the
Board will inform the teacher of the reason for the transfer. The teacher may grieve to
determine whether the transfer was based on justifiable reasons.
(3) The Board will place the teacher reassigned pursuant to (1) or (2) above in an
appropriate vacancy within the same Program in the same borough. If it is necessary to
reassign the teacher outside the same Program in the same borough, the preferences of the
teacher shall be taken into consideration.
(4) This provision does not apply to the Outreach Program.
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Update: 2020
7A-6. Professional Activity Options (High School)
a. Teachers at all levels must select a professional or administrative activity in
accordance with this section and the provisions of Article 7U (Professional Activity
Assignment Procedures). Except as described in paragraph (d) below, this provision shall
not create an additional teaching period, as that term is defined in the Collective Bargaining
Agreement.
The menu of activities to be offered to each teacher shall be from among the following:
(1) Small group instruction (not to exceed 10 students)
(2) One to one tutoring
(3) Advise student activities such as clubs, teams or publications
(4) Perform student assessment activities (including portfolios, performance tests,
IEPs, ECLAS, etc.)
(5) Professional development/prepare staff development workshops and
demonstration lessons
(6) Common planning time
(7) Conflict resolution for students
(8) Cafeteria duty
(9) Schoolyard duty
(10) Hallway duty
(11) AM bus duty
(12) PM bus duty
(13) Homeroom
(14) Provide inter-disciplinary articulation
(15) Develop multi-cultural curriculum
(16) Develop programs to integrate technology into the daily life of the classroom
Teachers performing homeroom fulfill the requirement of the professional period.
Teachers selecting AM or PM bus duty will use their professional activity period as a
preparation period.
Any teacher who wishes to participate in a professional activity not listed on the
above menu may, upon approval of the principal, select such an activity.
b. If the UFT chapter and the principal deem it necessary, then an organizational
Version 1.1
Back to table of contents
Back to Grievance
Reorganization Grievances
Update: 2020
period will be permitted but limited to a few days at the beginning and end of the school
term/year, as well as rare occasional meetings during the school term/year, in lieu of
homeroom.
c. Such compensatory time positions as dean, programmer and grade advisor may be
recreated. All contractual provisions dealing with compensatory time shall remain in place.
d. Provided that these periods are used to supplement, not supplant the current
school program, and subject to the specific provisions regarding it, secondary teachers may
use this time for a sixth teaching period compensated in accordance with Article 70 of the
Agreement (Shortage License Areas). The chapter’s concurrence to ensure that this is truly
supplemental is necessary.
e. To strengthen school tone and to ensure student safety and discipline, the Union
and Board agree that the following compensatory time positions may be established:
(1) In each school the principal shall have the discretion to establish and fill one
compensatory time position of lunchroom coordinator to supervise school aides in each
lunchroom for each lunch period;
(2) At the secondary level, principals shall have the discretion to establish and fill the
compensatory time position of dean, the number of which shall be based upon student
enrollment, i.e., up to 1,000 students, one dean; over 1,000 students, two deans; and
(3) In high schools, principals shall have the discretion to establish and fill one
compensatory time position of programmer.
The above compensatory time positions shall be established and filled without
following the procedural requirements that are applicable to other compensatory time
positions, such as consultation, approval or voting. Contractual provisions regarding
notification and selection of applicants for compensatory time positions shall be
followed. This provision shall not result in any teacher being required to work beyond
the maximum number of teaching periods provided for in this Agreement. No teacher
shall be involuntarily assigned to any of the above compensatory time positions.
Resources available to the school shall be maintained at the same level which would
be required if the proposal were not in effect.
Version 1.1
Back to table of contents
Back to Grievance
GENERAL PROVISIONS AS TO THE GRIEVANCE PROCEDURE
This is a procedure for ensuring that the “DOE plays by the rules.” In other words it’s a
way to make sure it adheres to the following:
• The terms of contract.
• DOE policy as set forth in rules and regulations and in By-Laws.
• Actual DOE policy . A complaint is not a grievance unless specific articles of the
Agreement can be shown to have a direct relationship with the act or condition of the
complaint.
It is a declared objective of the parties to encourage the prompt and informal resolution of
complaints as they arise and to provide an orderly procedure of their adjustment. At all steps of
the grievance procedure, all efforts should be made by both sides to engage in real dialogue
with the goal of resolving the issue. The aim of the conference is to secure the speedy and
satisfactory adjustment of grievances so as to resolve, insofar as possible, the areas of
disagreement.
Any member can file a Step 1 grievance.
Matters for which another method of review is prescribed by law or by any rule or regulation of
the State Education Department or by the By-Laws of the DOE may not be pursued under this
procedure — for example, ratings, termination of license, etc. Matters in which the DOE is
powerless to act are excluded.
The DOE may proceed to take the action complained of pending the resolution of the
grievance subject to the final decision of the grievance. In other words, the fact that a
grievance was filed doesn’t require the DOE to stop or change what it was doing. It is
only the successful resolution of or sustained decision regarding a grievance that can
stop the action.
Any individual employee may process a grievance to Step 1. The union reserves the right to
proceed to Step 2 and arbitration, and on salary and leave matters.
No employee may be denied her or his rights under Civil Rights Law, Sec. 15, or under State
Education Law or other civil service laws and regulations.
A member may not attend a grievance hearing if she or he is absent based on a claim of injury
or illness. Grievants must appear personally at each step of the grievance procedure, except as
indicated in Article 22B1b. Failure of a grievant to appear at the scheduled grievance hearing
may constitute grounds for declaring the grievance abandoned.
The chapter leader may not initiate a grievance on behalf of other teachers except in matters of
class size and certain reorganization grievances. Sometimes, you will find out about a contract
violation even though the affected person does not complain. Discuss the situation with the
person involved. Point out the violation. Explain how the union would prevent retaliatory
measures if the person is reluctant to process a grievance. If the person still does not wish to
initiate a grievance, you cannot do it for her or him. However, your chapter may be able, during
the monthly consultation with the principal, to take up in a general way the practice which
Version 1.1
Back to table of contents
Back to Grievance
violates the Agreement. If you are unsuccessful, let the district representative know about it.
There may be other channels of redress the union can use. If there is a definite contract
violation, and it impacts more than just the individual, the UFT may be able to bring a union-
initiated grievance on behalf of the grieved member.
The chapter leader can file for the chapter for program deadlines, postings and mandated
consultations. If you are unsure whether or not it is appropriate for you to file such a
grievance, consult with you UFT district representative.
Harassment — Special Complaint (See Agree. Art. 23)
Where members believe that persons or groups, including a supervisor, are engaging in a
course of harassing conduct, or in acts of intimidation, which are being directed against
them, they can file a special complaint under Article 23.
All members availing themselves of this process must keep an anecdotal record of the
harassing conduct and give it to their district representative. The UFT borough office will
review the log and will process it through the Grievance Department if they believe the
complaint can be successfully pursued.
A Special Complaint is not a grievance. The process is different so be sure to discuss it
with your district representative if you have any questions.
Conciliation (See Agree. Art. 24)
Where educational differences related to school-based decisions cannot be resolved, members
can file for professional conciliation. The areas of dispute can be related to: curriculum
mandates, textbook selections, program offering and scheduling, student testing procedures
and appraisal methodology and pedagogical and instructional strategy, technique and
methodology.
The UFT can request the assignment of a professional conciliator if the dispute cannot be
resolved at the school level. All members should speak with their chapter leader if a dispute
arises.
Version 1.1
Back to table of contents
Back to Grievance
EVALUATION
Teacher Evaluation
Measure of Teacher Practice
Measures of Student Learning
Ratings
APPR Complaints
UFT Evaluation Guide
Advance Guide for Educators
DOE summary of evaluation policies for 2021-22
Measures of Student Learning guide
Initial Planning Conference (IPC) toolkit
DOE FAQ on Advance evaluation system
UFT FAQ on the 2021-22 school year evaluation agreement
Memorandum of Agreement (MOA) Contract
Measures of Teacher Practice (MOTA) Form
Documents to keep for your records
Version 1.1
Back to table of contents
MEASURES OF TEACHER PRACTICE
OBSERVATION OPTION SELECTION FORM
Teacher Name: ________________________ Teacher ID: _________
School Year: ________________________ School Name/DBN: _________
_______________________________________________________________________________________
OBSERVATION OPTION: (check one)
_____________________________________________________________________________________
CONSENT TO HAVE OBSERVATION(S) VIDEOTAPED: (check one)
For all observation options: Evaluator may choose which observations, if any, to videotape
Formal Classroom Observation ONLY (if Observation Option 1)
or
two (2) Informal Classroom Observations ONLY (if Observation Option 2)
or
one (1) Informal Classroom Observation ONLY (if Observation Option 3 or Observation Option 4)
DO NOT CONSENT TO VIDEOTAPE EVALUATIVE CLASSROOM OBSERVATIONS
________________________________________________________________________________________
Teacher’s signature: _________________________________________ Date________________
(I have read and received a copy of the above and understand that a copy will be placed in my file.)
Evaluator’s name (print): _____________________________________
Evaluator’s signature: ________________________________________ Date________________
Option 1:
Formal Observation (minimum of 1)
Informal Observations (minimum of 3)
Option 2:
Informal observations (minimum of 6)
Option 3: Informal Observations (minimum of
3)
Classroom Visits (max of 3 unless teacher
consents to additional)
Only teachers who are rated Highly Effective in
the prior school year may select Option 3.
Option 4: Informal Observations (minimum
of 4)
Only teachers who are rated Effective in
the prior school year may select Option 4.
Version 1.1
Back to table of contents
Back to Evaluation
HEALTH & SAFETY
Asbestos
Be BRAVE Against Bullying
Bed Bugs
Bloodborne Pathogens
Building Response Teams
Cellphone Policy
Chancellor’s Regulations on School Safety
Communicable Diseases
Emergency Response: Hazard Assessment
Environmental Health Workshops
Health and Wellness
Incident Reporting
Indoor Air Quality
Member Assistance Program
Mold
PCBs in City Schools
Pest Management
Protocol for Construction Work in Occupied School Buildings
Safety Committee
Safety Plan
Safety Workshops
SAVE Legislation
School Safety Planning
Site Inspections
Smoking Cessation Program
Student Removal
Systemwide Safety Standards
Victim Support Program
Version 1.1
Back to table of contents
HEALTH & SAFETY
The mission of the UFT’s Safety and Health Department is to protect all UFT members
— whether teachers, school-related professionals, child care providers or others — from
the occupational hazards that can confront them. We do this by providing information
about potential hazards, advocating on behalf of members to address unsafe conditions
and collaborating with appropriate city and state agencies to enforce health and safety
standards.
The School Safety Department’s mission is to ensure that your safety and rights are
protected. We do this by providing information and assistance regarding safety
planning, school discipline and incidents. We also help you cope with the aftermath of a
serious incident as you begin the recovery process and resume your professional
responsibilities.
These departments work together to make sure every member is safe and healthy in
the workplace. This is achieved through our on-site trainings, site inspections and walk-
throughs, and support during and after school-based emergencies.
ASBESTOS
The precise risk of disease from low-level, short-term exposure to asbestos is unknown.
There is no scientific evidence that casual exposure to asbestos — such as the
amounts typically found in schools — will cause a problem.
Asbestos is a mineral with long, strong, flexible, threadlike fibers that are relatively
indestructible, heat resistant and chemically stable. These properties led it to be used in
more than 3,000 different products, but particularly in insulation and fireproofing. An
estimated 3.5 million tons were installed in schools and public buildings before being
banned in New York City in 1970. It is most frequently found in schools in plaster, spray-
on insulation, insulation on pipes and boilers, and floor and ceiling tiles.
If asbestos fibers are firmly bonded or compacted within other material — such as a
plaster wall — it’s considered relatively safe. If water damage, abrasion or sloppy repair
work occurs, microscopic fibers can be released into the air where it can be inhaled,
swallowed or attached to clothing. This form of asbestos — called “friable” — poses the
greatest health risk. Asbestos is tasteless and odorless.
When breathed, microscopic asbestos fibers can lodge in the lungs and other internal
organs. Because of their strength and chemical stability, the body cannot break them
down. Some people who have had prolonged, heavy exposure to large amounts of
asbestos — most famously asbestos miners and World War II shipbuilders — may
develop rare and potentially fatal lung diseases. There is no evidence that classroom
personnel have ever contacted these diseases. However, the UFT insists on the remote
possibility of asbestos hazards and demands a cleanup whenever there is damage to
asbestos-containing materials in school.
Version 1.1
Back to table of contents
Back to Health/Safety
Every school should have been inspected to identify any areas containing asbestos. A
copy of this report should be in the principal's office. If you see that an area of your
school has deteriorated, tell your chapter leader, who can check the report or discuss
this with the custodian and see if the area poses an asbestos hazard. If so, he or she
will notify the union.
The UFT fought for and won a state law that will protect you in the future. If at some
point you become ill — and believe it to be school asbestos-related — you may file suit.
When the union has determined that a school posed an asbestos health threat, we have
forced the school to close until the asbestos was cleaned up. The UFT lobbied the city
to enact a law requiring additional tests before any renovation work is begun.
We trained chapter leaders to be an early warning system, trained an in-house health
and safety team, hired industrial hygienists and brought in laboratories to conduct
independent tests of asbestos and other hazardous conditions. Whenever there's a
question, the union sends in its own experts and, if necessary, insists on school
closings based on their findings. The UFT will not allow children or adults into a building
that poses a health threat.
BE BRAVE AGAINST BULLYING
The Be BRAVE Against Bullying campaign provides an array of resources and tools for
educators to make a positive difference in their schools. The union offers workshops for
UFT members and parents. There is online help available, from background information
to lesson plans and resource guides.
The BRAVE campaign is also providing a hotline (1-212-709-3222, Monday–Friday,
2:30–9:30 p.m.) for students — a safe place they can call — and we want to make sure
that students know they have allies in their schools. There are fliers, buttons and
bookmarks for UFT members to make the BRAVE campaign visible to students.
BED BUGS
Bed bugs are not known to cause or transmit disease and the risk of person-to-person
transference in school is very low. No child should be isolated or removed from a
classroom setting. It is important to remember that bed bugs can resemble other insects
and that many bed bugs submitted for identification are not, in fact, bed bugs.
Bed bugs are unknowingly brought into the school by someone who encountered them
in another place. If you have captured one, you may have already eliminated the
problem. Additionally, many suspected bed bugs are not bed bugs at all. You should
send the captured specimen to the DOE Pest Management Unit for identification by
following the protocol described in the DOE’s Bed Bug Information Kit.
The DOE Pest Management professional will inspect and, if necessary, treat the room
in which the specimen was captured. In most cases, a thorough inspection and
Version 1.1
Back to table of contents
Back to Health/Safety
vacuuming of the room with a HEPA vacuum by the Pest Management Unit professional
is the best treatment when there is not an infestation. If the Pest Management
Professional determines that there is an infestation (bed bugs living and reproducing in
the room), the rooms above, below and adjacent to the infested room will be inspected
and treated as necessary.
Parents of students in the entire building must be notified if there is an infestation,
according to state law. An infestation is identified by bed bug reproduction in a given
area. A single confirmed bed bug does not constitute an infestation. A DOE Pest
Management professional must inspect the school and determine whether there is an
infestation. Schools are not a friendly environment for bed bugs and the chance of an
infestation is low. If it is determined that your school is infested, the Pest Management
Unit will provide notification materials to share with parents and building staff.
Learn to identify the signs of bed bugs (visit the Health Department’s website or call
311 for additional information). Frequently inspect your rooms; if you see signs of bed
bugs, report them immediately. If you capture a suspected specimen, submit it to the
DOE Pest Management Unit following the procedures outlined in the beginning of this
kit. Check your furniture frequently for bed bugs, especially chairs and couches. Get rid
of clutter to reduce places in which bed bugs can hide and discard anything that is not
being used. Seal cracks and crevices, and vacuum periodically. Consider removing
rugs.
BLOODBORNE PATHOGENS
The Bloodborne Pathogens Standard applies to all school employees considered at risk
because their job brings them into routine contact with blood and body fluids that can
cause diseases such as HIV/AIDS, Hepatitis B and Hepatitis C. That contact may occur
while providing first aid or be the result of bites, cuts or openings in the skin,
needlesticks, or splashes into the eyes, nose and/or mouth while diapering or toileting a
student.
Employer responsibilities
By law, the DOE is required to develop an Exposure Control Plan that:
• identifies at-risk employees;
• outlines methods to prevent or eliminate exposure, including universal precautions
and the use of safe needle devices;
• outlines adequate personal protective equipment;
• establishes a housekeeping, cleaning and disinfection program;
• establishes a bloodborne pathogens training program;
• offers Hepatitis B vaccine at no cost; and
• offers free, confidential medical evaluation, treatment and counseling after an
exposure to blood or bodily fluids during work hours.
Version 1.1
Back to table of contents
Back to Health/Safety
BUILDING RESPONSE TEAMS
Building Response Teams (BRTs) are emergency information and action management
teams that exist within each school and non-school building. The BRTs should consist
of a BRT Leader and at least five additional staff volunteers who form the school/site’s
core emergency response group. The Building Response Team includes the following
titles:
1. Principal
2. BRT Leader
3. Special Needs Coordinator (SNC)
4. Emergency Officer (EM)
5. Incident Assessor (IA)
6. Assembly Point Coordinator (APC)
7. Recorder
BRT members are NOT first responders
CELLPHONE POLICY
As pursuant to Chancellor’s Regulation A-413, principals must establish written school-
based policies regarding the use of cellphones, computing devices and portable music
and entertainment systems. Schools must communicate their policies to students,
parents and staff in writing, and must post them on their school websites. In addition, an
orientation session on the school’s policy and Regulation A-413 must be conducted for
staff and students within 30 days of adoption of the school-based policy.
CHANCELLOR’S REGULATIONS ON SCHOOL SAFETY
Chancellor's Regulation A-412: Security in the Schools
This regulation sets forth the reporting and notification requirements that school
officials must follow when a school-related incident or crime occurs. It also
establishes the school’s responsibilities when the police or other investigatory
agency seeks to question students and staff and when the police arrest a
student.
CHANCELLOR’S REGULATIONS A-413: CELLPHONES AND OTHER
ELECTRONIC DEVICES IN SCHOOLS
This is a new regulation. It establishes the Department of Education’s policy
regarding possession and use of: 1) cellphones; 2) laptops, tablets, iPads and
other similar computing devices (“computing devices”); and 3) portable music
and entertainment systems in schools. Possession of cellphones, computing
devices, and portable music and entertainment systems is permitted in schools.
Each school must establish a school-based policy regarding the use of such
items on school property that is consistent with this regulation. This regulation
supersedes and replaces Sections V(D), V(E), V(F) and Attachment A of
Version 1.1
Back to table of contents
Back to Health/Safety
Chancellor’s Regulation A-412 dated 11/8/06.
Chancellor's Regulation A-414: Safety Plans
Maintaining a safe and secure school environment is the shared responsibility of
the entire school community, including school safety, pedagogical, non-
pedagogical and custodial personnel, parents, and students. As part of a
continuing effort to provide the safest possible environment, each school must
have a Safety Committee which meets on a monthly basis and must develop a
safety plan on an annual basis.
Chancellor's Regulation A-420: Pupil Behavior and Discipline — Corporal
Punishment
This regulation describes the procedures for reporting and investigating
allegations of “corporal punishment” made against teachers and
paraprofessionals. It’s important that all UFT members be fully aware of the
regulations and how they impact on their rights and responsibilities.
Chancellor's Regulation A-421: Pupil Behavior and Discipline — Verbal
Abuse
This regulation describes the procedures for reporting and investigating
allegations of “verbal abuse” made against teachers and paraprofessionals. It’s
important that all UFT members be fully aware of the regulations and how they
impact on their rights and responsibilities.
Chancellor's Regulation A-432: Search and Seizure
This regulation sets forth the standards and procedures by which students may
be searched individually and by metal detectors.
Chancellor's Regulation A-443: Student Discipline Procedures
This regulation contains disciplinary procedures for all students, whether in
general or special education, grades K–12. This regulation also has information
on student removal and the official required form that must be filled out when a
student is removed.
Chancellor's Regulation A-449: Safety Transfers
This regulation sets forth the procedures for granting safety transfers (1) when
students are victims of a violent criminal offense on school property; and (2) in
other situations, when it is determined that a student’s continued presence in
the school is unsafe for the student.
Chancellor's Regulation A-450: Involuntary Transfer Procedures
This regulation governs the involuntary transfer of students in general education,
grades K–12.
Chancellor's Regulation A-750: Child Abuse Prevention
This regulation covers procedures for reporting to the New York State Central
Version 1.1
Back to table of contents
Back to Health/Safety
Register for Child Abuse and Maltreatment; procedures for cooperating with the
local Child Protective Services (CPS) investigations of suspected child abuse;
legal issues for mandated reporters; Child Abuse Prevention and Intervention
Teams; training programs; and parent and student education, and notification.
Chancellor's Regulation A-832: Student-to-Student Bias-Based
Harassment, Intimidation and/or Bullying
It is the policy of the New York City Department of Education to maintain a safe
and supportive learning and educational environment that is free from
harassment, intimidation and/or bullying committed by students against other
students on account of race, color, creed, ethnicity, national origin,
citizenship/immigration status, religion, gender, gender identity, gender
expression, sexual orientation or disability.
COMMUNICABLE DISEASES
Make sure you are familiar with these communicable diseases:
• Chicken Pox: Chicken pox is a highly contagious disease caused by the
varicella virus, a member of the herpes virus family. It is the most commonly
reported childhood disease. In 1994, there were 5,977 cases reported among
New York City residents (rate of 81.6 cases per 100,000 persons). Effective in
1995, chicken pox is no longer required to be reported to the New York City
Department of Health.
• Common Cold: The common cold (also called viral rhinitis) is a viral infection,
characterized by nasal congestion, a clear, runny nose, sneezing, scratchy throat
and general malaise.
• Hepatitis B: Hepatitis B (formerly known as serum hepatitis) is an infection of the
liver caused by a bloodborne virus. The disease is fairly common. In 2001, there
were 661 acute cases reported among New York City residents (rate of 8.3
cases per 100,000 persons).
• Infectious Mononucleosis: Infectious mononucleosis is a viral disease that
affects certain types of white blood cells. It is caused by the Epstein-Barr virus
(EBV), which is a member of the herpes virus family.
• Influenza (Flu): Influenza is a viral infection of the nose, throat, bronchial tubes
and lungs. There are two main types of virus: influenza A and influenza B. Each
type includes many different strains, which tend to change each year.
• Measles: Measles is a highly contagious viral disease that causes fever and a
rash. Measles is more common in winter and spring. Epidemics of measles can
occur.
Version 1.1
Back to table of contents
Back to Health/Safety
• Mumps: Mumps is a viral illness that causes fever and swelling of one or more
glands near the jaw. Mumps is more common during winter and spring.
• Tuberculosis: TB is spread when a person who has active, untreated TB germs
in their lungs or throat coughs, sneezes, laughs or speaks, spreading their germs
into the air. A person who breathes in TB germs usually has had very close, day-
to-day contact with someone who has active TB disease.
• Whooping Cough: Pertussis, also known as whooping cough, is a highly
contagious bacterial illness that causes a cough lasting several weeks.
EMERGENCY RESPONSE: HAZARD ASSESSMENT
The UFT Safety and Health Department will respond to any school-based emergencies,
especially those that involve potential exposure to toxic substances during renovation
and/or construction. Renovating schools while they are occupied with students and staff
— a practice that we absolutely do not recommend or support — presents challenges
for the school population as well as the workers involved in the construction. Many of
our older schools have potential hazards such as lead-based paint, asbestos and
contaminants contributing to poor indoor air quality.
New York City public schools are severely overcrowded; therefore, much of this work
must be performed while schools are in session, creating potentially very serious safety
and health hazards. Because of inadequate safety and health precautions there have
been emergencies in the past requiring immediate evacuation of school premises.
In response to these events, the union has developed a site-construction protocol that
was negotiated with the Department of Education. This protocol requires contractors to
implement protective methods and procedures to safeguard students and staff. The
protocol includes the following: job committees; isolated work areas; thorough dust
containment procedures; asbestos and lead exposure precautions; safety procedures
for all construction workers to follow; separate sanitary facilities for workers and normal
occupants; separate stairwells and paths of egress; specific notification procedures; and
practices for minimizing airborne contaminants, especially fumes and vapors.
This School Construction Authority protocol is outlined in article 10 of the UFT contract.
ENVIRONMENTAL HEALTH WORKSHOPS
Asthma: An overview of the following, statistics of asthmatic rates in New York City,
symptoms of an asthmatic person, prevention of triggers including medication.
Bloodborne Pathogens: Course provides information on bloodborne diseases (i.e.,
HIV, Hepatitis B and Hepatitis C), how bloodborne diseases are transmitted in the work
setting and the requirements of the OSHA/PESH bloodborne pathogens standard.
Version 1.1
Back to table of contents
Back to Health/Safety
Communicable Diseases: Course provides information on microbes, modes of
transmission, prevention and universal precautions in the school setting.
Ergonomics for the Paraprofessional: Course identifies specific work tasks, risk
factors and their impact on the body including repetitive stain injuries, back injuries and
other musculoskeletal disorders. Best practices for diapering and toileting students are
also covered.
Injury Prevention and Workers’ Compensation: Paraprofessionals, school nurses,
occupational therapists and physical therapists are covered by workers’ compensation.
The course outlines the steps to be taken when a worker has a workplace injury,
accident or illness.
Pest Control: Workshop provides information and guidance on how to prevent pest
infestations, components of an Integrated Pest Management (IPM) program, the
protocol for dealing with pest infestations, and the protocol for bed bugs.
Chapter Leader Safety and Health Overview: Workshop provides an overview of a
number of health and safety issues including communicable diseases, bloodborne
pathogens, indoor air quality issues, construction and renovation protocols, ergonomics,
workers’ compensation and ILOD.
HEALTH AND WELLNESS
The UFT is dedicated to working with schools to build healthier communities. In this day
and age, with childhood obesity and other health issues on the rise, it is of the utmost
importance that educators work closely with community groups to improve students’
health. To that end, the UFT, in coalition with a number of partner organizations,
secured a one-year grant to establish a flagship health and wellness initiative, Healthy
Schools, Healthy Communities, which involved Bronx staff, students and parents in
school-based wellness programs that included the Cookshop and Move-To-Improve
programs.
We are committed to implementing these programs in schools throughout the city. We
are also engaged in a number of other programs with our partners. We hope this Web
page, with the various resources it offers, will help more educators become involved in
promoting the health and wellness of their colleagues, students and communities.
INCIDENT REPORTING
If you know of a safety incident, report it! The UFT has an online reporting system to
make it easier for members to report threats to the safety and security of staff and
students. Accurate reporting is the first step in creating a safe environment in every
school. Enforce your right to a safe school by promptly reporting all safety/discipline
incidents.
Version 1.1
Back to table of contents
Back to Health/Safety
If a safety/discipline incident occurs in your school:
1. Inform your chapter leader
2. Report it to your school administration within 24 hours
3. File a report with the DOE through the Online Occurrence Reporting System
(OORS) at your school.
4. File a UFT incident report:
• Online at www.uft.org/safety-complaint; or
• Print and fax a paper copy of the form to 212-677-6612; or
• Call your borough office
If the situation is an emergency, seek medical attention if necessary and call the UFT
Safety & Health hotline at 1-212-701-9407.
INDOOR AIR QUALITY
The UFT receives more complaints from its members about poor indoor air quality in
schools than about any other health and safety issue. Some staff complain about
irritation of the nose and throat, dry or itching eyes and asthmatic-type reactions that
appear to be caused by something in the air. Others experience headaches, drowsiness
and difficulty concentrating.
Many of the problems can be traced to inadequate ventilation or to indoor pollution
sources like toxic materials used in shop, art and science classes; photocopy machines
that produce ozone; and microbial contamination. Excessive heat and low relative
humidity may also play a role.
In most situations, indoor air pollution is not a serious, long-term threat to health, but it
can result in significant physical discomfort and interfere with the ability of students to
learn and UFT members to do their jobs. In other cases, however, those annoying
symptoms could be the tip-off to more threatening air pollution.
In many schools the UFT has been able to recommend air-quality improvements that
custodians or the DOE can make quickly and at minimal cost. However, in other schools
— particularly those that rely entirely on mechanical ventilating systems and lack
windows that open (so-called “closed” or “sealed” schools) — major renovations may be
required to fully resolve air-quality problems.
NOTE: In this context, the word “closed” means the windows cannot be opened — it
does not mean the school is not in use.
Version 1.1
Back to table of contents
Back to Health/Safety
The UFT has lobbied aggressively for more funds to improve air quality in closed
buildings. And it continues to lobby for city, state and federal legislation that would set
standards for acceptable indoor air quality in schools and other public buildings.
MEMBER ASSISTANCE PROGRAM
The Member Assistance Program (MAP) has trained professional counselors who guide
members through the problems that can put their health and job in jeopardy. Our
services are confidential, professional and supportive.
The MAP provides short-term counseling (individual or group) to UFT members by
professionally trained mental health staff as well as referrals to outside resources.
What does MAP do?
• Offers short-term (individual or group) counseling in the MAP office
• Connects you to community support groups to fit your needs
• Offers referrals to appropriate substance abuse, eating disorders and mental
health service programs
• Helps with family and relationship problems
• Arranges assistance for victims of domestic violence
• Provides referrals for legal and financial counseling services
• Makes referrals for trauma, bereavement and loss.
The MAP phone number is 1-212-701-9620. Our normal hours are 10 a.m. – 6 p.m.,
Monday through Friday (summer hours are 9 a.m. – 5 p.m., Monday through Thursday).
Please note that sessions are by appointment only; no walk-ins. MAP services are
provided at no cost to members.
MOLD
Molds are forms of fungi found all year round both indoors and outdoors. Outdoors,
molds live in the soil, on plants, and on dead or decaying matter. Another common term
for mold is mildew. Mold growth is encouraged by warm and humid conditions, although
it can grow during cold weather. There are thousands of species of mold and they can
be any color. Many times, mold can be detected by a musty odor. Most fungi, including
molds, produce microscopic cells called “spores” that spread easily through the air. Live
spores act like seeds, forming new mold growths (colonies) with the right conditions. All
of us are exposed to fungal spores daily in the air we breathe.
Most people have no reaction when exposed to molds. Allergic reactions, similar to
common pollen or animal allergies, and irritation are the most common health effects for
individuals sensitive to molds. Flu-like symptoms and skin rash may occur. Molds may
also aggravate asthma. In rare cases, fungal infections from building-associated molds
may occur in people with serious immune disease. Most symptoms are temporary and
eliminated by correcting the mold problem.
Version 1.1
Back to table of contents
Back to Health/Safety
PCBs IN CITY SCHOOLS
On Nov. 29, 2010, the DOE completed a systemwide survey to identify T-12 fluorescent
lighting fixtures. These T-12 fixtures are assumed to contain ballasts with
polychlorinated biphenyls (PCBs) and the DOE identified 772 school buildings with
these fixtures. Since that time the DOE has conducted supplemental survey activities
and determined the total number of school buildings potentially containing PCB ballasts
is 740. The overall reduction stems from the identification of buildings that (1) do not
actually contain T-12 fixtures, (2) were actually constructed after 1979, or (3) both. In
addition the supplemental surveys have identified additional buildings where the original
survey did not identify T-12 fixtures.
If your school is on the SCA list, the light fixtures are assumed to contain PCBs. Below
is a short list of warning signs that may indicate a PCB leak or problem with the
fluorescent light fixtures in your school.
• Burned-out lights that do not work even if the bulbs are changed.
• Evidence of brown, oily stains on the light fixture itself or on the glass lens of the
fluorescent light fixture.
• Evidence of oil stains on floor tiles or carpeting beneath the lighting fixture.
• Past episodes of smoke or burning odors that required the custodian to service the
lights.
• Past episodes in which the custodian had to remove a light fixture or take it apart to
replace electrical parts.
Is the ventilation system in your school turned on and working? If outside air is supplied
via windows, are the windows open as much as possible, weather permitting? An
inoperable ventilation system or closed windows will exacerbate any problems.
The following are emergency steps to take if a fluorescent light fixture begins to smoke,
emit an electrical burning odor or if oil is dripping from the fixture
• If a fluorescent light fixture begins to smoke, if oil is dripping from the light or if you
smell an electrical burning odor, the room should be evacuated immediately.
• Follow the notification procedures for your school and also notify your UFT chapter
leader who in turn will notify the union.
• Arrangements will be made for an environmental consultant to inspect the light
fixture, including the interior housing and the ballast.
• The room should be ventilated and there should be a custodial cleaning before it is
safe to occupy.
Please follow the reporting procedures for your school to report any of the above
checklist conditions to your school custodian and to your chapter leader who in turn will
notify the UFT Safety and Health representative at your UFT borough office.
Version 1.1
Back to table of contents
Back to Health/Safety
Please follow the reporting procedures for your school to report any of the above
checklist conditions to your school custodian and to your chapter leader who, in turn,
will notify the UFT Safety and Health representative at your UFT borough office.
PEST MANAGEMENT
Buildings with persistent rodent or cockroach infestation can become a problem for
some people. Mice and rats have a common property of leaking proteins into their urine
which can cause allergic symptoms and contribute to asthma in persons with allergies.
Cockroach-derived proteins have also been associated with allergies. The cockroach is
probably the most common building-related cause of allergies in the U.S.
Buildings heavily infested with rodents have the potential to build up elevated levels of
mouse urinary proteins. The proteins can become airborne when contaminated dusts
are stirred into the air. Exposure to mouse urinary proteins has been demonstrated to
cause allergies in sensitive persons. Approximately one-third of laboratory animal
workers have occupational allergy to animal dander, and a third of these have
symptomatic asthma. One published study found that allergy symptoms including
rhinitis, skin rash and chest tightness occurred in 56% of the subjects exposed to
laboratory rodents for three months or more. Other studies have shown that exposure to
allergens such as mold spores, rodent urines and dust mites in office buildings is a
factor in building-related illness such as hypersensitivity diseases.
Surfaces and materials heavily contaminated with rodent droppings should be cleaned.
Follow the NYCDOH guidelines. Wet down rodent debris with a household disinfectant
solution. Wipe up and place in double plastic bags together with any cleanup material
such as paper towels.
Contaminated porous materials with visible rodent droppings should be removed and
disposed of.
Clean nonporous surfaces with a household detergent solution.
PROTOCOL FOR CONSTRUCTION WORK IN OCCUPIED SCHOOL BUILDINGS
Renovating schools while they are occupied with students and staff presents a
challenge for the school population as well as the workers involved in the construction.
Many older schools have potential hazards such as lead-based paint, asbestos and
poor indoor air quality.
Since New York City schools are overcrowded, much of this work must be performed
while schools are in session, creating potentially serious safety and health hazards. In
response, the UFT developed a site-construction protocol that was negotiated with the
DOE. This protocol requires contractors to implement protective methods and
procedures to safeguard students and staff.
Version 1.1
Back to table of contents
Back to Health/Safety
The protocol, outlined in Article 10 of the UFT/DOE contract, includes the following: job
committees; isolated work areas; thorough dust containment procedures; asbestos and
lead exposure precautions; safety procedures for all construction workers to follow;
separate sanitary facilities for workers and normal occupants; separate stairwells and
paths of egress; specific notification procedures; and practices for minimizing airborne
contaminants, especially fumes and vapors.
SAFETY COMMITTEE (See safety committee section in Roles of the Chapter
Leader)
Principals are responsible for ensuring that every school establishes a school safety
committee that meets monthly. At the minimum, the members of the committee should
include:
• the principal;
• the principals of any other schools, programs and academies operating at the
site or their designees;
• the UFT chapter leader;
• the president of the parent association or his/her designee;
• the school safety agent(s) or his/her/their designee(s);
• the NYPD precinct commanding officer or his/her designee; and
• the school's custodial engineer or his/her designee.
All parties listed above must “sign off” on the school safety plan. Use our school safety
committee checklist to help your committee run smoothly.
SAFETY PLAN
The safety plan shell is the template for your school’s safety plan and is reviewed,
updated and submitted annually. Your school plan should cover both normal operations
at your site and emergency procedures. Use our school safety plan checklist to help as
you prepare your safety plan. Once a draft of the plan is completed by the Safety
Committee, it must be submitted to the superintendent and borough safety administrator
(BSA) who, upon approval, will submit the draft to the NYPD precinct commanding
officer for final approval. Unsatisfactory safety plans will be returned to the
superintendent and BSA for modifications in consultation with the school Safety
Committee and then resubmitted to the commanding officer.
Chapter Leader and Member Input
Chapter Leaders should ensure that regular safety meetings take place and should use
their Executive Consultation Committee to address safety-related violations and issues.
Chapter leaders can then address issues at monthly safety meetings and communicate
outcomes to members and colleagues with a union memo or a jointly agreed-upon
safety committee memo. The contract, laws and regulations are on your side. Five to 10
minutes of every faculty conference should be dedicated to safety issues and/or
procedures as outlined in the school safety plan.
Version 1.1
Back to table of contents
Back to Health/Safety
These include:
• crisis response;
• student removal procedures;
• intruder alert procedures;
• medical emergency response;
• evacuation procedures;
• bomb scares; and
• fire drills.
Safety Complaints and Violations of the Safety Plan
There are several steps that chapter leaders should follow, in order, in the event of a
safety complaint or violation of the school's safety plan:
1. Attempt to informally resolve a safety complaint or safety plan violation with the
principal.
2. Use the Step I Complaint Form for Violation of School Safety Plan. You should
receive a response within 24 hours.
3. If the situation remains unresolved, request a written response from the principal
and ask your UFT district representative to file a Step 2 Mediation Request, to be
scheduled within 48 hours.
4. If you are unsatisfied with the results of the mediation, you may make an appeal
for an expedited arbitration process.
Remember to describe in as much detail as possible the violation of the school safety
plan in question at every step above.
SAFETY WORKSHOPS
The School Safety Department offers a number of workshops on safety planning, the
discipline code, the Chancellor’s Regulations and other topics. Regular workshops
include:
• Violence Prevention Training (VPT) Workshops
The UFT School Safety Department offers two-hour Violence Prevention Training
workshops focused on how individual staff members can stay safe. The
workshops, held at UFT borough offices in the fall and the spring, satisfy the
mandatory requirements for New York State Certification. Please refer to The
New York Teacher for workshop dates. Upon request, we can also make these
presentations at your school. For further information, call 1-212-701-9413.
Version 1.1
Back to table of contents
Back to Health/Safety
• Safety Assessment and Planning
The UFT School Safety Department also provides technical assistance and
school presentations about school safety and safety planning that can be held at
your school. Please contact your district representative and/or school safety
liaison in your borough office for more information.
• Be BRAVE Against Bullying
As part of the Be BRAVE Against Bullying initiative, you can request anti-bullying
presentations for staff and parents. These presentations cover a wealth of topics
such as cyberbullying, conflict resolution and information about local resources.
SAVE LEGISLATION
It is very important that all members are familiar with the SAVE legislation that governs
safety and orderliness in New York's public schools. SAVE stands for Schools Against
Violence in Education and is the legislation that mandates school safety plans. These
plans must incorporate all of the components of the SAVE legislation including normal
procedures, emergency procedures, student removal processes, and detailed
processes for handling students who are significantly disruptive and interfering with the
education of their peers.
The legislation itself also mandates that professional development on its various
components — student removals by teachers, suspensions by a principal, etc. — be
offered to staff and your school's safety plan requires the school safety committee to
designate a specific time for staff development on safety issues. These professional
development sessions should be ongoing and all members of the school community
should understand clearly the process for Student Removals and Suspensions by a
Principal as well as the “ladder of referral” for disruptive students.
SCHOOL SAFETY PLANNING
The UFT's Safety and Health Department is available to assist educators in developing
school safety plans. Here is some background information on the requirements of safety
planning and a few rules of thumb to keep in mind when creating a safety plan for your
school:
Safety Plans are mandated by the SAVE legislation, the UFT contract, the Chancellor’s
Regulation A-414 and the NYC Discipline Code. Each of these requires that every
school form a safety committee to develop a safety plan specific to that school that is
updated annually. The UFT contract also sets out a procedure to be followed in the
event that disagreement arises over compliance with the school safety plan.
Version 1.1
Back to table of contents
Back to Health/Safety
SITE INSPECTIONS
The UFT Contract Article 10 E Safe Environment states that in recognition of the
importance of employee safety and health, the Department of Education agrees to
provide the appropriate recognized standards of workplace sanitation, cleanliness, light,
noise control, and adequate heating and ventilation. The Department of Education
agrees to eliminate recognized hazards that are likely to cause serious physical harm.
Therefore, if the union believes a situation has arisen that is likely to cause serious
physical harm, it may bring it to the attention of the chancellor or her designee who shall
immediately assess the situation, including onsite inspection where appropriate, and
take such action as the chancellor deems appropriate. In the event that the union seeks
to contest the chancellor’s determination, it may exercise its statutory rights under New
York State Labor Law Section 27a (PESH) or other legal authority.
The UFT receives more complaints from its members about poor indoor air quality in
schools than about any other health and safety issue. Many of the problems can be
traced to inadequate ventilation, or to indoor pollution sources like toxic materials used
in shop, art and science classes, photocopy machines that produce ozone, and
microbial contamination. Excessive heat and low relative humidity may play a role.
In most situations, indoor air pollution is not a serious, long-term threat to health, but it
can result in significant physical discomfort and interfere with the ability of students to
learn and UFT members to do their jobs. In other cases, however, those annoying
symptoms could be the tip-off to more threatening air pollution.
In many schools, the UFT has been able to recommend air quality improvements that
custodians or the DOE can make quickly and at minimal cost. However, schools must
provide a safe and healthy environment for all students and employees and so the UFT
Safety and Health Department conducts site inspections to ensure a healthy school
environment.
SMOKING CESSATION PROGRAM
The UFT in partnership with the NYC Department of Health offers a smoking cessation
program for our UFT members and staff. You will get confidential assistance on how to
quit smoking.
If you are eligible*, we will provide you with nicotine medications (patch, gum, lozenges)
at no charge.
*You may not be eligible if you have had a heart attack in the past two weeks, have high
blood pressure not controlled by medication, have an irregular heartbeat, are pregnant,
or are breastfeeding.
Version 1.1
Back to table of contents
Back to Health/Safety
You must contact our Smoking Cessation hotline to make an appointment to get your
nicotine medications. We are here Monday to Friday, 10 a.m. to 6 p.m., during the
school year (for summer hours, please call).
For more information or to schedule an appointment, please call the UFT Smoking
Cessation Hotline at 1-212-598-9287.
STUDENT REMOVAL (See safety committee section in roles of the chapter leader)
Teachers have the authority to remove “disruptive” students from their classrooms,
consistent with the Discipline Code, when the teacher determines that the behavior of
the student substantially disrupts the educational process or substantially interferes with
the teacher’s classroom authority.
Every school must develop a plan for the removal of students which includes: identifying
a location designated as the site to which students are sent when they are to be
removed from the classroom, establishing procedures for escorting removed students
from the classroom to the designated location within the school, and providing the
student with continued educational services including class work and homework while
the student is in the alternative setting.
After a student is removed from any classroom by any teacher three times during a
semester, or two times in a trimester, a principal’s suspension must be sought if the
student engages in subsequent misbehavior that would otherwise result in a removal by
the teacher.
VICTIM SUPPORT PROGRAM
The Victim Support Program, co-sponsored by the UFT’s Health and Safety Department
and the New York City Department of Education, assists members who are the victim of
a crime or are injured by a student or intruder. Services include counseling and if the
need arises, a representative to accompany you to the medical bureau or court. The
program is housed at union headquarters in Manhattan, but there is also a program
liaison stationed at each UFT borough office.
The liaison’s function is to help members with forms and procedures, provide assistance
in dealings with the police department and other criminal justice agencies, and conduct
violence-prevention workshops in hundreds of schools throughout the city and at the
UFT borough offices.
Other UFT program staff handle accompanying members who need medical assistance
if they have been assaulted on the job.
The Victim Support Program’s trained mental health professionals, meanwhile, offer
confidential counseling and crisis intervention, and work in conjunction with the UFT
Member Assistance Program to provide appropriate counseling referrals.
Version 1.1
Back to table of contents
Back to Health/Safety
SALARY
Salary
schedules
Salary
credit
Salary
payment
For additional information and resources:
Go to the salary section of the website>>
Version 1.1
Back to table of contents
SALARY
In general, see Agree. Art. 3.
SALARY SCHEDULES
See the salary schedules for all positions>>
Effective September 2005, all teachers must be certified.
With some exceptions, teachers are paid on Schedules C1, C2 or C6. C1 is the basic
schedule without any differentials. C2 is the basic schedule plus the first differential.
C6 is the basic schedule plus the first and second differentials. Teachers may
additionally qualify for the intermediate and promotional differentials.
First differential – C2 (See Agree. Appendix A)
30 credits beyond the bachelor’s degree. May include excess
graduate or undergraduate credits and “D” in-service courses.
Intermediate differential – C2+ID (See Agree. Appendix A
)
60 credits beyond the bachelor’s degree. Graduate or undergraduate
credits may be used if earned prior to the BA degree. All “G” in-
service courses are acceptable.
Second differential – C6+PD (See Agree. Appendix A)
A doctorate degree or a master’s degree plus 30 college credits in excess of
those required for the master’s. The 30 credits may include undergraduate
or graduate credits. Credits must have been earned after the bachelor’s
degree. Both “G” and “P” in-service courses are acceptable.
“P” courses – professional development courses and/or activities approved
by the chancellor may be used.
The second differential will be used for an employee who achieves full
National Board for Professional Teaching Standards (NBPTS)
certification.
CLEP, Excelsior and Dante examinations may now be used toward the
plus-30 credits required for a differential.
Note 1: (C6) Teachers of shop subjects and related technical subjects may
qualify with a BA degree + 60 additional credits including in-service courses
and excess credits.
Note 2: For other eligibility requirements for CTE teacher differentials please
see this page>>
Version 1.1
Back to table of contents
Back to Salary
Promotional differential – C2+PD (See Agree. Appendix A)
A master’s degree or 30 college credits beyond the bachelor’s with a
36 college credit concentration in an approved subject area. 36 credits
can be part of your graduate or undergraduate work or a combination of
both. Excess graduate or undergraduate credits may be included.
Effective May 15, 2009, all differentials must be applied for on the DOE website.
Longevity increment (See Agree. Appendix A)
Longevity payments will be made after completing five years, 10 years, 13 years, 15
years, 18 years, 20 years and 22 years on the teacher’s milestone anniversary date.
SALARY CREDIT
The basic rules for computing salary credit are as follows:
Appointed teachers may receive credit for satisfactory full-time teaching service performed
prior to appointment. Each 85 days of occasional per diem service may be credited for one
term of salary credit. Teachers only may start on step 8B.
Effective 2004–05, all newly hired appointed teachers must log on the DOE’s website at
schools.nyc.gov and complete an online application for prior outside experience. Teachers
who previously worked for the DOE must submit a paper application for
salary step placement. After processing by the DOE, a Certificate of Salary Status is
issued. If the certificate contains an error, the Bureau of Salary Differentials and Status
must be notified within 90 days of the date of issuance in order for the correction to be
retroactive to the date of appointment.
All applications must be submitted within six months of appointment to be eligible for
retroactivity.
Effective September 2005, all teachers must be certified.
Some licenses qualify for salary credit for related non-teaching experience.
Evening and summer school service are not creditable.
Appointed teachers, et al., receive increments on March 1, and on the
anniversary/equated date. This equated date is for salary purpose only.
Note: In order to receive the March 1 increment, the employee must be on payroll March
1.
Version 1.1
Back to table of contents
Back to Salary
Example:
If a teacher on step 5A begins a leave in January and returns on March 3,
the teacher returns on step 5A, thus losing the March 1 increment.
Service in other school systems and in private and parochial schools, etc., is credited
on the same basis as regular substitute service in the schools of New York City,
provided the teacher was serving in day schools, on an annual basis for remuneration.
An employee on annual salary appointed to a position on another schedule where the
minimum salary is equal to or less than the maximum of her or his former schedule
moves to the step in the new scale nearest to but higher than the salary she or he
was receiving.
SALARY PAYMENT
The chancellor is empowered to direct withholding of all salary payments from an
absentee who has been absent either continuously or intermittently until an
investigation of such absence is made.
Certified teachers assigned on Feb. 3 when the preceding two days were Saturday
and Sunday have rendered all services that could have been required for the month
and are equitably entitled to a full month’s pay. The commissioner of education clearly
has the right to award interest as an incident of his judicial powers. Where there was
no valid reason for a lengthy delay on the part of the DOE in complying with a decision
in favor of an appellant, interest was awarded.
Payroll information is as follows:
Q742 Payroll
Q744 Payroll
Certified Salary Schedule:
Appointed pedagogues and long term
substitutes
Paraprofessionals
Semi-monthly payroll for service rendered on a per diem basis
Per Diem Payroll
For F
& Z only
“F” status
1/200 of appropriate salary schedule, up t
o a maximum of step
4A, with differentials — per day, retroactive to the first day of
assignment
Certified teachers filling regularly scheduled part-time vacancies
(less than five full days a week)
Filling full five days/week vacancies occurring June 1 or after
Version 1.1
Back to table of contents
Back to Salary
“O” status
“Z” status — A substitute serving in the same position 30 consecutive
days with no break in service, or more, is entitled to receive the
higher rate of pay.
Occasional per diem substitutes are compensated in accordance with
Article 3 of the Day-to-Day Substitute Agreement. Flat rate of
$162.86 per day effective May 1, 2015.
Direct deposit is available to all UFT employees. Enrollment begins in September
and runs through April 30.
Enrollment for all DOE benefits can be obtained through the DOE Payroll Portal at
https://payrollportal.nycboe.net.
Version 1.1
Back to table of contents
Back to Salary
END-OF-YEAR DECISIONS
A detailed guide
April/May/June checklist
Excessing checklist
How to read a seniority list
Who is not covered under the Advance system
Ratings at a glance chart
Sample PD surveys
Personnel Memorandum - Ratings and Appeals
Sample Letters
• Discontinuance of probationary service
• Discontinuance after written response
• Denial of continuance of probation
• Extension of probation
• Letter of excess
Teacher's Contract A
r
ticle 17 - Retention, Excessing,
and Layoff
Paraprofessional's
Contract
Article 12 -
School Retention and Excessing
To See More about ratings and APPR:
Go to the Evaluation section >>
Version 1.1
Back to table of contents
End of Year Decisions
Updated: 2020
Ineffective Rating Appeals
Refer the member to the borough office to file an appeal.
I-ratings are appealed, not grieved.
I-ratings (and some developing ratings) can be appealed.
Consequences of i-ratings:
may be denied per session employment
member is frozen on current salary step (longevity increments are
not affected)
U-rating Appeals (only applicable to pedagogues still under the “S/U” system)
Refer the member to the borough office to file an appeal.
U-ratings are appealed, not grieved.
U-ratings given as a result of retaliation or harassment can be brought to a 13% panel-See
your District Representative
Members have three weeks (exclusive of summer) to file an appeal (see the
back of the rating sheet).
Consequences of u-ratings:
will be denied per session employment
member is frozen on current salary step up to 8b (longevity increments are
not affected)
Rating Sheets (only applicable to pedagogues still under the “S/U” system)
Each pedagogue should receive a rating sheet.
Paraprofessionals do not receive rating sheets.
Possible ratings: S, U, D (for first year probationers only), N/A
For tenured, satisfactorily-rated pedagogues, section I of the rating sheet
must be left blank.
Remind members that they should review the rating sheet to confirm
everything is accurate (license, C.A.R., etc…).
Rating sheets are due within the last 10 days of each school year and not
fewer than 4 school days prior to the last day of school.
Extensions of Probation
Before tenure is awarded, a principal may seek to have the superintendent extend a
member’s probationary period.
The extension of probation agreement is a legal document and should be reviewed by an
attorney. ( Refer to Appendix D point 8)
Refer the member to the borough office to arrange for legal review.
Members do not have to sign the extensions, but may be discontinued or denied completion
of probation if they do not.
If a principal tries to bully a member into signing immediately, contact your district
representative or borough office.
A Detailed Guide
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Discontinuances
Members should be referred to borough office.
Members must receive 30 days written notice. (can be anytime)
Members who have been discontinued can look for a position in a school outside of the
district where they were discontinued. For high schools, the district is the entire city.
If a member has earned tenure in another license, he or she should ask the borough office
for assistance with reverting to that license.
Denials of Completion of Probation
Members must receive 60 days written notice.
Members should be referred to borough office.
Members who have been denied completion of probation can look for a position in a school
outside of the district where they were denied. For high schools, the district is the entire city.
If a member has earned tenure in another license, he or she should ask the borough office
for assistance with reverting to that license.
Resignations
NYS law requires members to give 30 calendar days’ notice. ( once given, it cannot be
rescinded if a member changes their mind before the 30 days)
The file number is flagged with a problem code if proper notice is not given.
Members resign from the DOE, not a particular school.
Irrevocable v. regular resignations—refer member to borough office for advice.
Once a member resigns, he or she is no longer paid nor covered by health insurance.
Process of withdrawal of resignation—member must fill out an application and DOE must
approve.
Members should contact the borough office for advice before signing a letter of resignation.
Members should see if they qualify for a leave of absence before resigning.
Retirements
Members can retire at any time without notice.
Members should be referred to the borough office and to a pension consultant.
Excessing
Members receive a letter of excess.
They report back to the school unless they are directed elsewhere or get another job over
the summer.
They are not required to find a new placement.
Benefits (seniority, pension, salary, insurance) remain in place.
Excessing is to be done in accordance with seniority excessing rules.
Paras are excessed from a school based on citywide seniority. The most senior para who has
been excessed is the first to be placed into a permanent position.
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Ifamemberbringsyoua
Letterofexcess
Checktheseniorityexcess
list.Assistmemberinfilinga
grievanceifnecessary.
Extensionofprobation
Contacttheboroughoffice
toarrangeforanattorneyto
reviewthedocumentbefore
themembersigns.
U‐rating
D‐ratingorI‐rating
(September)
Referthemembertothe
boroughofficetofilean
appeal.
Letterofresignation
Remindthememberthat30
daysnoticeisrequired&
refertotheboroughoffice
beforethemembersubmits
anyletter.
Letterofdiscontinuanceor
denialofcompletionof
probation
Referthemembertothe
boroughofficetofilean
appeal.
A Guide for Chapter Leaders
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Discuss next school year’s budget with the principal.
Review seniority list to ensure excessing is done properly.
Remind all members to check the seniority list.
Members being excessed should receive a letter stating that they have
been placed in excess.
Members should check the “my current status” button on the Open
Market website to see if the excess has been approved.
Members who believe they were improperly excessed can file a
grievance. This is a regular grievance (not a reorganization grievance).
Members must return to their school unless otherwise instructed.
Members are not obligated to look for another placement although it
may give them more options.
Members should email their principal that they would like to exercise
their right to return should a vacancy in license arise during the school
year.
Excessing Checklist
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
April/May/June Checklist
Program Preference
Create File of Postings
SBOs Budget Consultation
Professional Activities Menu
Think of Committee Members for
Next Year
MOSL Committee
PD Committee
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2019
• Attendance teachers
• Alternate learning center teachers
• GED and Adult education
• Guidance counselors
• Hearing and vision education teachers who do not teach classes
• Lab specialists
• Occupational and physical therapists
• Paraprofessionals
• Pre-kindergarten and LYFE teachers
• School nurses
• School psychologists
• School secretaries
• Social workers
• Speech teachers who only provide related services
• Substitute teachers
• Teacher assistants
• YABC Teachers
• Teachers who teach less than 40 percent of a full-time position including coaches/deans
and IEP teachers
Who Is Rated on the S/U System
Version 1.1
Back to table of contents
Back to End of Year
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Professional Development (sample survey #1)
Name:_____________________ Current Teaching Assignment:________________________
Place a check in the boxes of topics in which you would like to receive professional development.
□ Academic Intervention □ Accountability/Assessments □ Arts
□ ELL □ Mathematics □ Social Studies
□ Social/Emotional Education □ Health/Physical Education □ Intervention
□ Technology □ Behavior Management □ Multicultural Education
□ Science □ STEM □ Special Education
□ Engaging Students in Learning □ Accountability/Assessments □ Arts
□ ELL □ Mathematics □ Social Studies
□ Other ___________________________
Below are topics specific to teacher evaluation and Danielson’s Rubric. Please check the boxes of areas
where you would like to receive professional development (there will be overlap with categories above).
□ Setting Instructional Outcomes (1.c) □ Resources for Classroom Use (1.d)
□ Designing Coherent Instruction (1.e) □ Designing Student Assessments (1.f)
□ Creating an Environment of Respect and Rapport (2.a) □ Establishing a Culture for Learning (2.b)
□ Managing Classroom Procedures (2.c) □ Managing Student Behavior (2.d)
□ Organizing Physical Space (2.e) □ Communicating with Students (3.a)
□ Using Questioning (3.b) □ Discussion Techniques (3.b)
□ Engaging Students in Learning (3.c) □ Using Assessment in Instruction (3.d)
□ Demonstrating Flexibility and Responsiveness (3.e) □ Reflecting on Teaching (4.a)
□ Maintaining Accurate Records (4.b) □ Reflecting on Teaching (4.a)
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Professional Development (sample survey #2)
(Can use Surveymonkey.com)
1. What component(s) of Danielson would you like to learn more about?:
1a: Demonstrating Knowledge of Content and Pedagogy
1e: Designing Coherent Instruction
2a: Creating an Environment of Respect and Rapport
2d: Managing Student Behavior
3b: Using Questioning and Discussion Techniques
3c: Engaging Students in Learning
3d: Using Assessment in Instruction
4e: Growing and Developing Professionally
2. Which core subject would you like to work on/learn more about?
Reading
Writing
Math
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Science
Social Studies
3. Of the core subjects you chose above, would you like to learn more about:
what standards you are expected to teach
pacing of lessons (within the lesson, within the unit)
different strategies to teach skills
technology to support your teaching
small groups
hands on activities
questioning within lessons
assessments
4. What aspects of teaching would you like to learn more about/ further develop:
collaborative planning (with co-teacher, grade, etc.)
organization of materials (lessons, paperwork, student work/assessments)
parent/teacher communication (in person, phone, email)
classroom environment (groups, centers, charts)
behavior strategies
Version 1.1
Back to table of contents
Back to End of Year
. .
.
,.
.,
..
,,
I
I
VUHMLJ
Ut
EDUCATION
DIVISION
OFH
UMAi'J
RESOURCES
65
COURT
STREET
6ROOKLYN.
NEW
YORK
11201
PERSONNE.L
MEMORANDUM(
5
Fr
date
change
every
year
)
To
PI1 Supennlendenls. txecullve Dlrecton Personnel D~reciors. Heads of Ctf~ces
and
Principals
of All Day Schools
(..
\-
From Hsward
5.
Tames.
Execu!i.~e Oirecior
Ah
Sublect
Ralings
and
Rat~cg Appeals lor All Calegories of Pedagqlcal Personnel
.
.
This
IS
lo
remind you [hat ratings are
!o
be
issued during prescribed lime periods. The following
descn'bes Lhe
forms to be used and \he time
periods
for issuance
of
the
ratings.
I.
REGULATIONS
OF
THE
CHANCELLOR REGARDING
RATlNGS
(former Bylaw
Section
89.7)
MANDATE
THAT:
Vvilh~n the lasl ten
(1C)
days of each school year and not fewer ban four
(4)
school
days pnor to be close thereof. Ihe pnnclpal of each sd\ool shall glve
to
each member ot
hrsher staff
a slgned stalemenl charadenztng hisher
work
as sat~sfactory or
unsal~sfaclory. or, In the case of a teacher or supervisor on probatlonary tenure whose
probatlonary penod will extend more lhan one year,
the
principal may
use
Ihe rating of
'0'
I
e
.
'doubliul' dunnq
Ihe
first year of such proballonav penod,
if
In hisher judgmenr.
such ral~ng best desulbes the leacher
s
or supervisors servlce.
A
cert~fication ol
unsatlsfadory
or doubtful work shall be accornpan~ed
by
Ippropnatc supporting dala
'
Nole
it1
Wen a person s asslgnmenl requires sewlce al two or more work sites
dur~ng Ihe work week Ihe suDemisor al one par(lcular work sile shall be
destgnaled as Ihe clal~ng Oficer and
IS
to evaluate the employee's overall
servlces in consullalion wllh Ihe Supervisoi(s)
in
zharge at
!he
other
worksile(s)
'In Ihe
case of a leacher or supervisor whose assignment lo
a
grven
school has covered
al leas1 hvenly
(20)
school
days
smce the beg~nn~ng
01
the school year and
IS
lerrn~naled
af
some lime other lhan the lasl day-of :he school year
Ule
pnnc~pal of such school shall
give lo such teacher or supervisor not
later lhan four school
days
follownq Ihe lasl day
sewce
~r\
s~ch school a signed slalemenl characlenzing hisher work as sal~sfactory
or unsaI~sfaclory
'
hole
12:
This s~clion appl~es
lo
all per-session or per
diem
assignmenis except
for
leachers of non-academic avocalional subjects
A Forms lo be Used
1
The
ap~ropr~ale
839955
ra!mng form (Annual Pro(ess~onai Peformance Review)
IS
lo be
used
for all non-supen~sory pedagogical personnel (see
Special
Circular No
45.
1987-83
dared Apnl
13
1988)
Tne
faling forms art 10
te
secured (!om
Ire
OKlce ot Pvr&sinq Manaqement;
Forms currenlly rn use are
as
follows.
1.1
BUDOP
99554 -Annl~al Profess~onal Performance
Rev~cw
and
Repon cn
P:obal~or,ary
Service or School Secretax
12
BUOOP
?9558
-
Annual Professional Performance Review and Report on
Probal~onaiy Seriice of Pec!agogical Employee rfearb~en, elc
1
13
BUGGP 99552
-
Annual Pro(essional Performance Rei~e~ and Repod on
Frobal~onar~ Service
3f
kdanre Co~inseloi
i
.1
8000P
99552
-
Ar;nual Frofessional Pedor3ance Review and Rrpofl on
Prvballonarf Seri~ce ot Sc5ool Based Support Team Members Sewlnq in
Ihc
giqh Schools Suf5cienl qiianlil~es ol chis form wll be supplied lo !he kiigh
S~hg0l D~slric~ L.!;ln;lqer~ b"
Ihe
Civis101: of .5!ud~'?t j1;poofl
S~~VIC?~.
Updated: 2020
End of Year Decisions
Version 1.1
Back to table of contents
Back to End of Year
I
i
CE/TOP
995;E
.
,AJ.?JJI
i?o(::;i03~!
~G~c~~J-~cc
?,cvlr.* end
?.rrpr,
or
Pioba:~~~~-:,
S:vcc
0rS;hool Rarcd Su~oon
Tczm
Mcmbcr,
Llcr
C~r~n~ir~School Dirmclr opJ\
\
Siflcicn: qi~mrlr~c. of this ron~
wll
hc. supplitd
10
lhc Cowni;cc: on Spcc~al Educnnon
b?
1-4~ ~(fic~ ofspc:lal Educarior, CI<XU~:! Sc3iccs
Nor;
:>
s;coq
[
0.
my
f0-
3~:
0
2
~0l3~~~piP'lO~
cCD~IC~CC
U-3
15
&I\>:'>
%
ovcrdl
cv,lu:~on of"San,frcror)"
ir
to br lchu. For all
urhn
non-si;pcnisory
cr;i;loyccs, SZGI'~~
I
mur: bc
wcd
2
nc
OP-;SA
and
a
Icrm,
a:
to
he
ur:d
Ic:
z.rin~
:li
?ctbgcg;cal su~:rv:so:Uad&rJma~or,
D31cc fo: Irjuancc c(%I:>~
Fan,:
lQY7-76
.
A!] pcd~gogical ptrsou.cl whosc Izsl day
of
scrv:r:
1%
lw
26.
1996 (c 6, Classroom
Tcacllcrr. Ancnhcr l~cachcrs. P:ychologinr.
Social
W.'oricn.
L:b
Spccial~!rs.
Lab
Tcrhniciw~.
crc
)
AU
Suprr~irurs and hdml.usrraror;
cnd
orbci
pcd~gogical pcrsumcl uhorc
lan
dzy of
scrwicc
ir
!:LX
30,
1998
Da!cc for lssu n: bnn;
Junc 15, 16,
17.
18,
19~nCi2
Junr
16,
17.
18.
19,
22
and
23
Notc
'4.
For
~7
CLDPIO)CC
givcrL
AI
z?wtist rar:ng ~'ho is 3bscni duing thc prcrcnb~d pcnod i~srcd
rbovc.
ir
is suggcstrd rhar r5c ral:n: fors, bc s:ol on ooc of lh~: prcrcribcd dais lo tht
crrplo,.cc's lasr 3ddrc;:
of rcrord by rcgular
mzil
and
by
ccnlhcd nail
uorh
a
rcm rcccipr
rcqucs~cd Jhs rcticn sno~~ld
bc
ancncc:
lo in bc
fom
oCa
s.gncd staicmco: frsm
a
ulmrss
in
k.ccping wrh prsr poli~) ~nj prdcricc. a ~cso3 uho u<rhc, lo appca) an 3d~rrsc rakng:
S'MII sutxnir
a
norlcc ufsppcal
m
ICIIC:
form !o ~hc E-xecu~~vc Ducc~nr. Division
of
tiumq
ksour:~~,
copy
10
h:
?a!ing OIficrr,
urlib~r:
illrcc
(3)
ut:ks
frorr thr rcccipr orskiri
nring,
cxclusivc of summn
vacation
period
Thc appcll~yr sb,~ll
bc
coriilcd
rr;
rccciv: born
hr
RIME
Oiilccr,
;~.+thm
hcr
(3)
u~ck,
of
thc rrcclpr o.'ihc ooorc of tiling sucb appczi, cxclllsivc of
~urmocr
~acauoo pcriod,
a
copy
nf
rhc rdripq io~oris.rnzllv ~sr~cdhrhr appcllanf
@
doc~cnur~on
&
soppon of :hc rcrsons
qivcp
[or thr
advcrsc
nuqe,
Sa~d ~~pcilanr sk.ali, wihn hrtc
(3)
~cc).~ bcg~nn~ng ~hrct
(3)
dry!
iAcr
&,c
supponh;
documrnta~icul of
L,C
fir~iilg
Dff~ccr
hls
bco g:vcn
10
or lorwardcd ro ihc
IUI
knoun addrcss oirt~c
~ppclla~r. prcparc 2nd
rub mi^
10
thc E*ccln~\.c Dirtcrcr, Division olHucan Rcsourccs,
wib
a
copy
10
.
.
Ihr
fb:ing
OTTirr;,
a
unlrcn
aruhr~
10
ih:
s2l:rncnr of rcdsor~
and
Lbc docuncniaiian pro~~dcd
by
ht
Ra~ing Olficc:
or
5
Thr pc7od for
ihr
Ra~in~;
Oficu's
rtspcnsc
10
L\C
appcal ccrwncnccr
as
5oon
as
h~:~hc
15
madc
3u-,ic olrhc ~??r~i (cl~hcr dlrcc:ly
by
~hc cmpioytc or
by
ihc OYI(C of.~p~ca!s
F.:bic~*s. ~tc~hcvcr
OCCLI:!
firril
L~C
cr.25 hrcc
(3)
WCCLJ
IZICI, CXCIUS~VC
ofhc
LIE
-.
.
O1!1ccr's
\
aca:lcp pcr~od.
my
qucn~ons
3bzul
~hr
a,vuzJ
rzlirlc piocrss rhou!d bc rcfm:d 10.
I
Ms.
Virgin~o Coputo, Director
j
Qff
tce
of
Appeals and
Rev~ews
i
I
D~v!sion
of
Hurnon Resources
55
Court Street
:
Rrooklyn,
New
York
11201
Telephone.
710-935-2991
Plcdrc tJb,al::~~r
&?-I
;?$
17-5
11:
ro.3r,?-:i
(0:
;:~ci~nfi
5:
ill
sux
HST
Updated: 2020
End of Year Decisions
Version 1.1
Back to table of contents
Back to End of Year
SAMPLE
LETTER
ADVISING
PROBATIONER
OF
CONSIDEMTIION
OF
DISCONTINUANCE
OF
PRQBABI&BNARY
SERVICE
(Letter
tl
-
Discontinuance)
Date
Name
Address
City, State Zip
Dear
:
This is to inform you that on
(date not less than thirty (30) days from the
date this letter is given to the addressee),
I
will review and consider whether your services
as a probationer be discontinued as of the close of
business- (same date
as above-a date not less than (30) days from the date this letter is given to the
addressee).
My consideration of your discontinuance is based on the reasons included in the
documentation you received with your rating sheet. Therefore, your rating
sheet and any
accompanying documentation constitute a written statement of the reasons for my
consideration of your discontinuance. You may submit a written response to the reasons no
later than seven
(7)
days prior to the date of my consideration and final determination of
your Discontinuance.
Very truly yours,
Superintendent
District
c:
Principal
Office
of
Appeals
and
Reviews
Updated: 2020
End of Year Decisions
Version 1.1
Back to table of contents
Back to End of Year
SAMPLE
LETTER
TO
PROBATIONER
AFTER
WRITTEN
RESPONSE
IS
RECEIVED
AND
DISCONTINUANCE
REMAINS
DN
EFFECT
(Letter
#2
-
Discontinuance)
Date
Name
Address
City, Sate Zip
Dear
:
This is to inform you that after reviewing your written response dated
,
I reaffirm
your Discontinuance of Probationary Service effective close
of
business
(This date is the same effective date which appeared in Letter
#?
sent previously
to
the
employee).
Very truly yours,
Superintendent
District
-
c:
L
----,
Principal,
Joyce R. Coppin, Chief Executive, Division of Human Resources/Center for
Recruitment and Professional Development
Lawrence
E.
Becker, Deputy Executive Director, Division of Human Resources
Virginia Caputo, Director, Office of Appeals and Reviews
Denise Hallett, Director, Office of Field Services
Ludell Bailey, Director, Pedagogic Payroll
Donald
S.
Miller, Executive Director, Teachers' Retirement System
Althea James, Teacher Records
End of Year Decisions
Updated: 2020
Version 1.1
Back to table of contents
Back to End of Year
---
Department
of
Education
DENIAL OF COMPLETION OF PROBATION LETTER
loyee Name:
Boro/School:
Dear Mr./Ms.
Education Law,
I
a
of Completion of Probation with
the Department of Education
you are entitled to the review procedures
C
of the Bylaws of the Department of
shall terminate as
01
the close of business
(60
DAYS
FROM
T
Sincerely,
Superintendent
cc:
Principal
Office of Appeals and Review
ISC Human Resources
Appendix C
Updated: 2020
End of Year Decisions
Version 1.1
Back to table of contents
Back to End of Year
EXTENSION OF PROBATION AGREEMENT
(Superintendent), (Principal), and
,
File No.
,
(hereinafter "Mr./Ms.
")
(collectively "the
parties") hereby enter into the following agreement:
1.
The Superintendent agrees to grant, and (EMPLOYEE) agrees to serve, an
additional one year probationary period commencing (COMMENCEMENT
DATE), and concluding on (SECOND DATE
-
ONE
YEAR
AFTER
COMMENCEMENT) in the tenure area of (LICENSE
AREA).
2.
(EMPLOYEE) shall have all the rights of a (TITLE
-
e.g., Teacher, Guidance
Counselor, etc.)
(in
the license area of (LICENSE
AREA))
during his
extended probationary period. No later than (SECOND DATE),
(EMPLOYEE) shall either be granted tenure upon satisfactory completion of
-thTa$ditiCnl~~tl~y~@-iod
~o~dei3e~~compl~t~o~~ofp~obat~on~~and/or
discontinued prior thereto.
3.
The parties agree that the decision to either grant tenure to (EMPLOYEE) at a
date no later than (SECOND DATE), shall be based upon an evaluation of
(EMPLOYEE'S) probationary service during
the
additional one year of
probationary service herein granted and also upon
an
evaluation of
(EMPLOYEE'S) probationary service rendered prior to (COMMENCEMENT
DATE).
4.
(EMPLOYEE) waives any possible rights, claims or causes of action for
tenure as
a
(TITLE
-
e.g., Teacher, Guidance Counselor, etc)
(in
the license
area of (LICENSE AREA)) arising on or prior to (COMMENCEMENT
DATE).
5.
(EMPLOYEE) waives any rights, claims or causes of action and agrees not to
commence any claims, motions, actions or proceedings of whatever kind
against the Chancellor, the Superintendent, the Principal, or the Department of
Education of the City of New York, or any of their agents or employees for
any
actions taken or not taken, or statements made or not made by them prior
to the date of this agreement.
6.
It
is understood that with the exception of that stated in paragraph
#5
above,
(EMPLOYEE) does not waive by terms of this agreement any right, cause of
action, claim or defense arising subsequent to the date of this agreement.
(EMPLOYEE) retains any and all rights to which a probationer is entitled.
End of Year Decisions
Updated: 2020
Version 1.1
Back to table of contents
Back to End of Year
7.
(EMPLOYEE) agrees that he has entered into this agreement fieely,
knowingly and openly, without coercion or duress.
8.
(EMPLOYEE) affirms that she had an opportunity to seek legal counsel
throughout these proceedings.
9.
This written agreement contains all the terms and conditions agreed upon by
the parties hereto
in
regard to the extension of probation for (EMPLOYEE).
No other agreement, oral or otherwise, regarding this matter shall be deemed
to exist or bind the parties hereto, or to vary any of the terms contained herein.
10.
This agreement can only be modified by a written stipulation executed by both
parties.
1 1. Nothing contained in this agreement shall be deemed to be a regular policy,
procedure or practice of the Superintendent, the Chancellor or the Department
of Education of the City of New York.
12.
This agreement is in no way to be understood or construed as an admission
that the Superintendent, the Chancellor, the Principal or the Department of
Education of the City of New York, or any of their agents or employees
violated (EMPLOYEE'S) rights.
13.
Nothing contained in this agreement shall preclude (EMPLOYEE) &om
applying and being selected for other positions, either full-time, part-time or
as a consultant within the New York City Department of Education.
(EMPLOYEE) acknowledges that he does not have any contractual or
statutory claim or entitlement to any such position.
Dated:
,
New York
Date:
EMPLOYEE
SUPERINTENDENT
Updated: 2020
End of Year Decisions
Version 1.1
Back to table of contents
Back to End of Year
End of Year Decisions
Updated: 2020
Date: June 10, 2020
To: Mr. Andrew Cuomo
File Number: 123456
License: Labor Union Studies
Dear Mr. Cuomo:
Please be advised that you have been placed in excess for the 2019-2020 school
year. You have been assigned to PS 000 located at 123 Third Avenue, NY, NY.
Please report to Principal Betsy DeVos.
If you have any questions, please contact me at 212-555-1212.
Thank you for your cooperation.
In Solidarity,
Principal Michael Mulgrew
Sample Letter of Excess
Version 1.1
Back to table of contents
Back to End of Year
FUNCTIONAL CHAPTERS
Introduction
Speech
School Counselors
OTs/PTs
Paraprofessionals
School Nurses
Social Workers/Psychologists
School Secretaries
Hearing Teachers
Lab Specialists
SESIS Arbitration for Functionals
Version 1.1
Back to table of contents
Functional Chapters
Updated: 2019
Although we call the union the United Federation of Teachers, over the years it has grown to
include many other educators and professionals. Although working at different tasks, they
share common interests and concerns. So that they can clearly articulate their concerns,
these groups have formed chapters of their own, commonly known as functional chapters.
Functional chapters have their own elected leadership. The interests of functional chapters
are represented on union decision-making bodies such as the Executive Board and the DA.
They hold regular meetings to map out strategy and identify members’ concerns. Some
functional chapters, such as guidance counselors and secretaries, have their own
contracts.
Functional Chapters
Version 1.1
Back to Functionals
Back to table of contents
Functional Chapters in Schools
Speech
Updated: 2022
Time for Completing SESIS Encounter Work
This language was reported in the Principals’ Weekly in September 2014:
In light of the arbitration decisions regarding the use of SESIS, please remind DOE
related service providers and other DOE staff that they must continue to enter their
information in SESIS and they may not do so outside of the regular work hours or
during their lunch break, without prior approval from their supervisor.
In order to ensure that all UFT represented Staff have sufficient time during the work
day, UFT Speech Teachers shall be given the time allocated for Professional
Development, Parent Engagement and Other Professional Work (i.e. 155 minutes
per week) or its equivalent amount of time if the school has an alternative
configuration. This is in addition to daily preparation periods. (MOA 2016, 2e)
Speech teachers in multi - session schools shall be assigned to the Student
Assessment Activities menu option as their daily professional activity (Circular 6)
assignment or provided with an equivalent amount of time during the workday for
SESIS – related work. (refer to SESIS Arbitration)
In order to complete SESIS related work, speech teachers must have access to
computers with appropriate bandwidth. If they do not, they should notify their
functional chapter leader.
Administrative Periods
• Middle and high school speech teachers have five administrative periods for
working on SESIS triennials and re-evaluations, doing progress reports,
assessing students using the Speech Standards of Practice and writing IEPs.
• Elementary school speech teachers have one 45 minute block a week for
assessment.
• Speech teachers must receive the equivalent administrative time, prep time
and lunch as all of the other teachers in the school.
Coverages (refer to Article 7N7)
• Speech teachers can only be assigned coverage during their preparation
period.
• After one prep period coverage per term, you will be compensated.
• Prep periods cannot be switched in order to accommodate a class coverage.
Preparation Periods (refer to Article 7O)
• While speech teachers can choose to work during their preparation periods
for shortage area compensation, they cannot be required to do so. (See
more
Things Every Chapter Leader Should Know About Speech Teachers
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Speech
Updated: 2022
Advance Evaluation System
• Speech teachers are providing mandated IEP Speech Therapy and should not
be evaluated using the Advance Evaluation System. They should continue
receiving observations using an S or U only as indicated in Article 8J. (See
more in Teaching for the 21st Century)
Operational Issues
• Speech teachers who have school-level operational issues (paperwork,
curriculum, professional development, basic instructional supplies, and space)
should bring the issue and relevant documents to their school Chapter Leader
who will complete the online operational issues complaint form and attempt
resolution at the school level.
• Spe
ech teachers who have an operational issue that is not school-specific
should notify the functional chapter leader for speech teachers and provide all
relevant documents. The functional chapter leader will complete the
operational issues complaint form and attempt resolution with the appropriate
supervisor.
See more speech teacher rights here>>
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Counselors
Updated: 2019
Guidance Counselor Hours
• The work day is 6 hours and 30 minutes, five days a week exclusive of lunch.
• The repurposing of time for professional development, parent engagement and Other
Professional Work does not apply to school counselors.
• Our work hours have not changed. We continue to work our contractual time of 6
hours, 30 minutes, exclusive of lunch, five days a week.
• Teachers are working longer on Mondays and Tuesdays. But our workday on Monday
and Tuesday ends at the usual time for us.
• When the teachers’ day is shorter, we do not leave early. We work our contractual
time and leave at the end of our work day.
• School counselors in single-session schools where everyone reports at the same time
no longer have to attend faculty conference and departmental meetings. In lieu of
them, there are two additional parent-teacher conferences that we are required to
attend. This applies only to single-session schools. School counselors in multi-session
schools and Districts 79 and 75 are not affected by this change, unless the school
has adopted a school-based option to reconfigure its time. The parent-teacher
conferences for single session schools:
o September: School counselors attend the full three hours
o November: School counselors attend the first two hours and 10 minutes
o March: School counselors attend the full three hours
o May: School counselors attend the first two hours and 10 minutes
Schedules
• School counselors should have schedules and keep daily logs to account for their
schedules and do not get preparation periods or administrative (Circular 6R)
assignments.
• School counselors must have SESIS time included in their schedule if they see
mandated students for counseling. They cannot do SESIS work after their work hours
or during their lunch, and cannot take SESIS work home.
Coverages
• School counselors do not cover classes, the S.A.V.E. room, or perform other duties
normally performed by classroom teachers.
• School counselors do not teach Advisory courses. This was reaffirmed in an
arbitration decision in August 2011.
Excessing
• The rules of excessing of school counselors and social workers are covered by the
Eisenberg arbitration which codifies what was commonly known as the “cascade.”
Things Every Chapter Leader Should Know About School Counselors
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Counselors
Updated; 2019
Operational Issues
• School Counselors who have school-level operational issues (paperwork, professional
development, basic instructional supplies, workload, and space) should bring the
issue and relevant documents to their school Chapter Leader who will complete the
online operational issues complaint form and attempt resolution at the school level.
• School Counselors who have an operational issue that is not school-specific should
notify the functional chapter leader for School Counselors and provide all relevant
documents. The functional chapter leader will complete the operational issues
complaint form and attempt resolution with the appropriate supervisor.
School Counselor Contract>>
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Counselors
Updated: 2019
MEMORANDUM
TO All Guidance Counselors
FROM: Rosemarie Thompson
Chapter Leader – Guidance Counselors
DATE: September 2014
RE: Repurposed Time + Guidance Counselors Hours
Article 6 Now Says:
• Our work hour
s have not changed. We continue to work our contractual time of 6 hours, 30
minutes, exclusive of lunch, five days a week.
• The repurposing of time for professional development, parent engagement and Other
Professional Work does not apply to guidance counselors.
• Teachers are working longer on Mondays and Tuesdays. But our workday on Monday and
Tuesday ends at the usual time for us.
• When the teachers’ day is shorter, we do not leave early. We work our contractual time and
leave at the end of our work day.
• Guidance counselors in single-session schools where everyone reports at the same time no
longer have to attend faculty conference and departmental meetings. In lieu of them, there
are two additional parent-teacher conferences that we are required to attend. This applies
only to single-session schools. Guidance counselors in multi-session schools and Districts 79
and 75 are not affected by this change, unless the school has adopted a school-based option
to reconfigure its time. The parent-teacher conferences for Guidance Counselors on single
session schools:
o September: Guidance counselors attend the full three hours
o November: Guidance counselors attend the first two hours and 10 minutes
o March: Guidance counselors attend the full three hours
o May: Guidance counselors attend the first two hours and 10 minutes
To Clarify
:
If the school’
s lunch period is:
30 minutes - then the counselor works 6 1\2 hours plus the 30 minutes, which is
a total of 7 hours, five days a week.
40 minutes - th
en the counselor works 6 1\2 hours plus the 40, which is a total of 7
hours and 10 minutes, five days a week.
45 minutes - th
en the counselors works 6 1 \2 hours plus the 45 minutes, which is a total
of 7 hours and 15 minutes, five days a week.
50 minutes - th
en the counselor works 6 1\2 hours plus the 50 minutes, which is
a total of 7 hours and 20 minutes, five days a week.
Also:
Counselors work is sti
ll governed by Article 7B. They do not cover classes, do lunch duty, dismissal
duty, etc. They are not involved in Circular 6 issues. Counselors do not do small group tutoring in
extended time.
I hope this clarifies these issues.
RT/ak OPEIU 153
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Counselors
Updated: 2019
UFT Wins Guidance Counselor Grievance
by Micah Landau | published September 22, 2011
The UFT in August won an important grievance filed on behalf of
guidance counselors at a Queens middle school who were forced by their
principal to cover for the teacher assigned to their school’s SAVE room,
instead of meeting with students that they were supposed to be
counseling.
According to the decision of arbitrator Jay M. Siegel, the actions of MS
210 principal Rosalyn Manning, who in October 2009 announced that all
guidance counselors would have to cover one period in the SAVE room
each week while the teacher normally assigned there took his lunch,
violated an article in the guidance counselors’ contract that, among
other provisions, guarantees that “counselors shall not be assigned to
cover classes, represent the school in lieu of a teacher or supervisor or
perform other duties normally performed by classroom teachers.”
While there was no retroactive remedy for the counselors who covered
the SAVE room, the arbitrator has ordered the school to cease this
practice moving forward. Union leaders say that because arbitration
decisions set precedent, his decision should prevent similar situations
from arising at other schools.
“If counselors in your school are being told to cover the SAVE room or any
other class without a teacher present, you should speak with your
chapter leader or UFT district representative,” advises Ellen Gallin
Procida, the director of the UFT’s grievance department. “It is critical that
counselors are not hindered from doing their work with students.”
“This victory is fantastic because it makes clear, once and for all, that
counselors cannot be used to cover the SAVE room or any other class,”
said Rosemarie Thompson, the chapter leader of the UFT’s guidance
counselor chapter. “Principals across the city are being held accountable
for properly staffing their schools’ SAVE room and other classrooms with
a teacher. This decision is important for both counselors and our
students.”
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
OTs/PTs
Updated: 2019
q
OT/PT Hours
• OT’s and PT’s work 6 hours and 25 minutes per day exclusive of an unpaid 30
minute lunch.
Work Day
• OT’s and PT’s receive 26 pay checks per year and are paid on the H-Bank
Cybershift System. Payroll secretaries are responsible for entering all
timekeeping including work performed before and after school.
Chapter Membership
• OT’s and PT’s are administrative employees covered by their contract and by
the applicable provisions of the Board’s Rules and Regulations for
Administrative Employees.
• Although sharing a contract, Therapists, Nurses and Supervisors each are a separate
functional chapter with their own elected chapter.
• Therapists were considered provisional. As a result of a court decision DECAS
(Department of Citywide Administrative Services) developed a civil service exam in
the fall of 2013. All DOE-employed therapists must take this exam to obtain
permanent civil service status.
Retirement System
• Therapists belong to the Board of Education Retirement System (BERS) not TRS.
School Year
• OT’s and PT’s begin the Tuesday after Labor Day and end at the conclusion of
the regular school year.
Contract
• OT’s and PT’s do not have to attend parent/teacher conferences beyond their
school day.
Operational Issues
• OT’s and PT’s who have school-level operational issues (paperwork,
professional development, basic instructional supplies, workload, and space)
should bring the issue to their school Chapter Leader who will complete the
online operational issues complaint form and attempt resolution at the school
level.
• OT’s and PT’s who have an operational issue that is not school-specific should
notify the functional chapter leader for OT’s and PT’s and provide all relevant
documents. The functional chapter leader will complete the operational issues
complaint form and attempt resolution with the appropriate supervisor.
OT/PT Contract>>
Things Every Chapter Leader Should Know About
Occupational Therapists (OT’s) and Physical Therapists (PT’s)
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Paraprofessionals
Updated: 2019
Due Process
• Paraprofessionals will no longer be suspended without pay for long periods
without due process while their cases are being investigated.
• Prior to a paraprofessional being suspended without pay in connection with an
arrest or an investigation, the Office of Personnel Investigations (OPI) will
conduct a review.
• If OPI finds that the allegations constitute serious or sexual misconduct, the
paraprofessional may be suspended without pay for up to two months while
the case is under investigation. The two months can be extended to three if
an arbitrator finds probable cause.
• If OPI finds that the allegation is a significant violation of a DOE rule or policy
or of the law but does not constitute “serious misconduct” or “sexual
misconduct,” the DOE may request a probable cause hearing with a neutral
arbitrator. If the arbitrator finds that the violation is significant, the
paraprofessional can be suspended without pay for up to two months. But if
an arbitrator finds that the DOE does not have probable cause for a
suspension, the paraprofessional will be returned to school or reassigned with
pay pending the outcome of the investigation.
• If after an investigation, the allegations against the paraprofessional are
found to be unsubstantiated, within 30 days the paraprofessional will receive
back pay for the amount of time of the suspension without pay.
Lunch Duty
• Paraprofessionals must be assigned to activities that are required for special
education students as a result of an Individualized Education Program (IEP).
• Educational paraprofessionals are not to be assigned to administrative duties
formerly performed by teachers, for example supervision of school aides,
coordination of bus activities or lunch duty (Special Circular 6R).
• Please remember that if an individual student’s IEP requires paraprofessional
support during lunch, the Management Needs section of the IEP must make that
clear. The principal or designee must schedule paraprofessional coverage to
ensure that the student is appropriately served at all times and that the
paraprofessional has a duty free lunch period. Paraprofessionals must not be
used for lunch duty.
Release Time
• Release time is time provided to paraprofessionals who are registered for at
least 5 credits of college courses during the Fall and Spring Semesters.
Release time during the Summer Session One may be taken but must be
Thi
ngs Every Chapter Leader Should Know About Paraprofessionals
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Paraprofessionals
Updated: 2019
completed by June 30
th
. Release time will
NOT
be granted during the months
of July and August.
• Paraprofessionals are entitled to 2 ½ hours of release time, to be scheduled
at the principal’s discretion, for travel or study time related to the class they
take. This time cannot be used to attend classes during school hours
(Personnel Memo #3, 2008-2009).
Absences
• Paraprofessionals cannot use more than 3 consecutive self-treated sick days.
The 4
th
would result in an absence without pay unless medically certified.
• Paraprofessionals cannot use more than 5 self-treated sick days in a 5 month
period (Sept – Jan; Feb – June).
Work Day
• In single session schools, paraprofessionals work 6 hours and 20 minutes
every day. In addition, they attend the 80 minute Monday PD, and work the 70
minute parent engagement/other professional work on Tuesdays. In multi-
session schools and District 75 schools that do not have the PD, PE/OPW
time, paraprofessionals work 6 hours and 50 minutes every day.
School Year
• Paraprofessionals begin the Tuesday after Labor Day and end at the
conclusion of the regular school year.
School Trips
• Paraprofessionals are entitled to a duty-free lunch period every day, including
days of school field trips.
• Paraprofessionals are not required to pay when they go on school trips.
Operational Issues
• Paraprofessionals who have school-level operational issues (paperwork,
professional development, basic instructional supplies, and space) should
bring the issue and relevant documents to their school Chapter Leader who will
complete the online operational issues complaint form and attempt resolution
at the school level.
• Paraprofessionals who have an operational issue that is not school-specific
should notify the functional chapter leader for Paraprofessionals and provide
all relevant documents. The functional chapter leader will complete the
operational issues complaint form and attempt resolution with the appropriate
supervisor.
Paraprofessional Contract>>
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Nurses
Updated: 2019
School Health Personnel
School health services are jointly provided by the Department of Education and the
Department of Health and Mental Hygiene. The school nurse in your building may be
a DOE employed and UFT represented School Nurse or a DOHMH employed and DC
37 represented Public Health Nurse. Staffs in School Based Health Clinics are not
DOE employees. The information on this page applies only to DOE school nurses.
Chapter Membership
• School nurses are active members of the school chapter. Although DOE
employees they work under the auspices of the Office of School Health (OSH),
they are not on the Galaxy system and therefore do not appear on the school
budget list of UFT members. However, they are entitled to vote and be
included in things such as SBO votes and school wide bonuses.
• School Nurses are administrative employees covered by their contract and by the
applicable provisions of the Board’s Rules and Regulations for Administrative
Employees.
• Although sharing a contract, Therapists, Nurses and Supervisors each are a separate
functional chapter with their own elected chapter.
Work Day
• The work day is 6 hours and 25 minutes, excluding a 30 minute unpaid lunch.
• School nurses must be available for any emergency involving students during
the workday and
cannot leave
the building during lunch.
• Nurses in single-session schools whose lunch period is interrupted due to a
medical emergency and cannot have their lunch period rescheduled will be
entitled to one half of his/her hourly rate of pay with documentation.
• Nurses receive 26 pay checks per year and are paid on the H-Bank Cybershift
System. Payroll secretaries are responsible for entering all timekeeping
including work performed before and after school.
Chapter Representation
• School chapter leaders are able to represent school nurses regarding non-
clinical issues.
School Year
• School nurses have the same school year as regular classroom teachers and get the
same recess breaks and holidays.
Things Every Chapter Leader Should Know About School Nurses
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Nurses
Updated: 2019
Professional Development
• The DOE may utilize time during the regular work year and work day (e.g. clerical half
days, high school scoring days, and afternoon parent teacher conferences) for
professional development. The DOE will consult with the nurse chapter on
development and implementation.
CPR Training
• In consultation with the nurse chapter, the DOE shall create a schedule for CPR
training/renewal to be scheduled during designated PD days or on days that shall be
approved as non-attendance.
Retirement System
• All School Nurses belong to the Board of Education Retirement System (BERS) not
TRS. In order to be a member of BERS, you must sign up. This system is not an
automatic enrollment for school nurses.
Operational Issues
• School Nurses who have
school-level
operational issues (paperwork, professional
development, basic instructional supplies, workload, and space) should bring the
issue and relevant documents to their school Chapter Leader who will complete the
online operational issues complaint form and attempt resolution at the school level.
• School Nurses who have an operational issue that is
not school-specific
should notify
the functional chapter leader for School Nurses and provide all relevant documents.
The functional chapter leader will complete the operational issues complaint
form
and attempt resolution with the appropriate supervisor.
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Social Workers / Psychologists
Updated: 2019
Social Workers and Psychologists (SWPSY) Workday
• The work day is
6 hours, 50 minutes
, excluding lunch, which is a minimum of
30 minutes and no longer than the lunch period at the school in which they
are serving. The SWPSY has the right to prefer the duration of his/her lunch.
This preference cannot be unreasonably denied.
• The total work time of
7 hours, 20 minutes
can be scheduled at any time
between 8:00AM and 3:45PM in single session schools.
• SWPSY generally have permanent split assignments and they do not have to
clock in at their schools. They follow the customary time keeping procedures
used in the school they are assigned to on a given day of the week.
• SBST Psychologists are entitled to full time clerical support.
• SBST psychologists will have up to 20 hours of per session work per year
available to them with supervisor approval in order to assist in allowing them
to fulfill their case management duties, without the necessity of posting such
work.
• Due to the amount of calls and outreach necessary, the SBSTs are entitled to
a designated phone line where possible.
• The maximum number of per session hours permitted during a per session
school year is 400 per individual for SWPSY.
• Parent Teacher Conference: School Psychologists and Social Workers shall
attend the four evening Parent Teacher Conferences attended by teachers.
They shall attend the evening parent-teacher events as follows: September (3
hours), November (first 2 hours 10 minutes), March (3 hours) and May (first 2
hours 10 minutes)
• SWPSY are allowed five days of staff development. Two of the five days shall
be mandatory and content shall be directed by the board. One of the two days
shall be designated system-wide on a work days when students are not
scheduled to attend school.
Duties
• SWPSY are not licensed to cover or teach classes, do hall or lunch duty,
assemblies, ‘advisory’ class, etc. The largest number of a group they can
cover is
EIGHT
in a counseling session.
Work Space
• The DOE must provide private space for evaluations and conferences, and
access to copy machines.
Things Every Chapter Leader Should Know About
Social Workers and Psychologists
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Social Workers / Psychologists
Updated: 2019
Disputes
• A professional dispute is when there are professional differences regarding devised
test/appraisal methodologies. This process is covered in Article 18.
Operational Issues
• Social Workers and Psychologists who have school-level operational issues
(paperwork, professional development, basic instructional supplies, workload, and
space) should bring the issue and relevant documents to their school Chapter Leader
who will complete the online operational issues complaint form and attempt
resolution at the school level.
• Social Workers and Psychologists who have an operational issue that is not
school-specific should notify the functional chapter leader for Social Workers
and Psychologists and provide all relevant documents. The functional chapter leader
will complete the operational issues complaint form and attempt
resolution with the appropriate supervisor.
Social Workers and Psychologists Contract>>
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Secretaries
Updated: 2019
Key Points
• There is only one license for all secretarial designations.
• As of July 2014 a new hiring process for secretaries was established based
upon education and experience; there is no longer an examination.
Duties
• Special Circular 31 describes the duties of school secretaries.
• Only school secretaries may do the work designated as secretarial work.
• The work of a school secretary
excludes
custodial care of children.
Peak Load
• Peak Period Relief time (Peak Load) is given by the DOE to secretaries in order
to provide workload relief during the school year.
• The Board will provide 15 days per year of secretarial service for peak work
relief for each Title 1 elementary school for each junior high school and for
each high school. (Non-Title 1 schools receive 10 days).
• The Board will provide on request up to six days per year for peak work relief
for each alternative high school.
• The Board will provide six (6) days per year of secretarial service for peak work
relief for each school in the citywide program and for each committee on
special education (CSE).
• Per Diem substitute school secretaries who are available for less than a full
day’s work may be assigned for peak period relief services.
• The funds available for peak load days that are unused because of the
unavailability of substitute school secretaries may be converted to per session
hours on a dollar equivalency basis. A school secretary who is employed on
the basis of such converted days is not filling a per session position for
purposes of
Article 7D
.
Workload Dispute
• A workload dispute may be filed when the secretary believes that the work
given cannot be done in the course of a normal work day. It is not a grievance.
Work Year
• School Secretaries begin Tuesday after Labor Day and end 2 days after the
end of the regular school year.
T
hings Every Chapter Leader Should Know About School Secretaries
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
School Secretaries
Updated: 2019
Work Day
• Secretaries work a 7 hour & 20 minute day inclusive of a lunch period equal
to the lunch period of the teachers in the school.
• Secretaries shall have a single relief period of 10 minutes each day.
Tuition Reimbursement
• Upon providing evidence of successful completion (i.e. with a passing grade)
of the two credit School Records and Accounts Course, the Board ("DOE") shall
provide tuition reimbursement at the City University of New York (CUNY) rate
to secretaries for the cost of such Course.
Vacancy List
• The Board shall provide the UFT with a list of all secretary vacancies, twice
annually on October 1 and March 1, or the next business day thereafter.
Staff Development
• The UFT and Board ("DOE") will establish a labor management committee
consisting of equal numbers of members to plan to provide training for school
secretaries in current DOE systems, new systems as they are released and
other matters as determined by the committee. Such training can be in
person or on line. The committee will meet monthly as part of the monthly
consultation meeting.
Operational Issues
• School Secretaries who have school-level operational issues (paperwork,
professional development, basic instructional supplies, workload, and space)
should bring the issue and relevant documents to their school Chapter Leader
who will complete the online operational issues complaint form and attempt
resolution at the school level.
• School Secretaries who have an operational issue that is not school-specific
should notify the functional chapter leader for Secretaries and provide all
relevant documents. The functional chapter leader will complete the
operational issues complaint form and attempt resolution with the appropriate
supervisor.
School Secretaries Contract>>
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Hearing Teachers
Updated: 2019
Hours
• Hearing teachers work 6 hours and 50 minutes per day, 50 minutes per
lunch, 40 minutes per preparation, 20 minutes for traveling, 30 minutes per
SESIS.
Professional Development
• Hearing Teachers have two full days of professional training. Election Day,
and Chancellor’s day. In addition, Hearing teachers meet monthly at their
respective boroughs.
Hearing Teachers Roles
• Hearing Teachers need a Deaf and Hard of Hearing License and a Master’s
degree to teach.
Duties
• Hearing teachers are itinerant teachers. They serve students with hearing loss
in all settings. They provide supplementary services. They don’t teach main
subjects. They specialize in: Auditory Training, Speech Reading, Language
Development, Vocabulary, and Self-Advocacy. They have caseloads.
Chapter Representation
• The Hearing Teachers Functional Chapter Leader represents all Hearing
Teachers in all settings in the five boroughs.
Retirement System
• Hearing Teachers belong to the Teacher’s Retirement System (TRS).
School Year
• Hearing teachers begin the Tuesday after Labor Day and end at the
conclusion of the regular school year.
• Hearing Teachers have the same school year as regular classroom teachers
and get the same recess breaks and holidays and the same contract benefits
as regular teachers.
Contract
• Hearing Teachers have to attend parent/teacher conferences twice a year:
one in the fall and one in the spring.
Things Every Chapter Leader Should Know About
Hearing Teachers
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Hearing Teachers
Updated: 2019
Operational Issues
• Hearing teachers who have operational issues (paperwork, curriculum,
professional development, basic instructional supplies, and space) should
bring the issue and relevant documents to their functional chapter leader and
provide all relevant documents. The functional chapter leader will complete
the operational issues complaint form and attempt resolution with the
appropriate supervisor.
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Lab Specialists
Updated: 2019
FDNY Certificate of Fitness
All Lab Specialists shall be required to obtain the appropriate FDNY Certificate of
Fitness (“COF”) as per the 2018 Contract. The COF shall be consistent with the
duties of a lab specialist and chemical laboratories in schools. The COF application
and examination shall be completed during the contractual work day. If any
application/testing fees are incurred by the laboratory specialist in obtaining such
COF the DOE shall reimburse the lab specialist for the fees.
Work Day
Lab Specialist’s work day is 6 1/2 hours per school day, exclusive of lunch, and for
such additional time not exceeding 30 minutes as the principal may require.
(Board of Education By-Laws, Article XII Section 91 Par. 4 (h)).
Limitations on Assignments – Article 7a
1. Lab Specialists do not cover classes except in the case of an emergency
2. Lab Specialists shall not be given assignments outside of the Science Department
nor shall they be assigned to duties within the department normally performed by
other school personnel except in emergency situations.
3. Laboratory specialists and laboratory technicians shall not be held responsible for
the disposition of dangerous materials.
4. Laboratory specialists and laboratory technicians shall not be required to move
dangerous or heavy equipment unless assistance is provided.
Relief Time
The Agreement between the Board of Education and the Laboratory
Specialist/Technician Chapter, UFT, Article IV B, states: "Each Laboratory
Specialist/Technician shall have a total of 30 minutes relief time each day. Such time
may be scheduled for one or more relief periods during the day, as approved by the
appropriate school official, except that if taken at the beginning or end of the working
day, the employee must remain in attendance at the school."
Activities Outside the Scope of the Laboratory Specialist
Lab Specialists are not to be assigned to take classes from which teachers and
chairmen are absent except in extreme emergencies.
1. They may not be asked to take building assignments. This includes examination and
reorganization weeks.
2. They may not correct Regents papers but may be required to assist with appropriate
work related to Regents and Final Examinations.
3. They should not be asked to take charge of an audio-visual aids program which is
conducted on a school-wide basis.
Things Every Chapter Leader Should Know About
Lab Specialists
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
Lab Specialists
Updated: 2019
4. They are not to be assigned to official classes or homerooms.
5. They shall not be assigned to duties within the department normally performed by
other school personnel, except in an emergency.
Operational Issues
• Lab Specialists who have school-level operational issues (paperwork, professional
development, basic instructional supplies, workload, and space) should bring the
issue and relevant documents to their school Chapter Leader who will complete the
online operational issues complaint form and attempt resolution at the school level.
• Lab Specialists who have an operational issue that is not school-specific
should notify the functional chapter leader for Lab Specialists and provide all
relevant documents. The functional chapter leader will complete the
operational issues complaint form and attempt resolution with the appropriate
supervisor.
Lab Specialists Contract>>
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
SESIS Arbitration
Updated: 2019
Arbitration Decision Regarding SESIS
In light of the arbitration decision regarding the use of SESIS, please remind DOE related-services
providers and other DOE staff that while they must continue to enter their information in SESIS they may
not do so outside of their regular work hours, or during their lunch break, without prior approval from their
supervisor.
In order to ensure that all UFT-represented staff have sufficient time during the work day to perform
SESIS-related
work(
entering information on a student's IEP, Encounter Attendance, etc.), for the
2014-2015 school year only, you should provide such employees with the time or guidance set forth
below:
UFT Title
Time for SESIS
UFT Speech Teachers
Speech teachers shall be given the time allocated for
Professional Development, Parent Engagement and
Other Professional Work
(
i.e.
155 minutes per week)
or equivalent amount of time if the school has an
alternative configuration. This is in addition to daily
preparation periods.
Speech teachers in multi-session schools shall be
assigned to the Student Assessment Activities menu
option as their daily professional activity (Circular 6)
assignment, or provided with an equivalent amount of
time during the workday, for SESIS-related work.
Occupational and Physical Therapists
Therapists shall be advised to prioritize SESIS among the
tasks normally done during administrative time.
SETSS and ESL teachers
School-based supervisors shall identify SETSS and ESL
teachers who provide IEP-mandated services and such
teachers shall use the time allocated for Other
Professional Work
(
i.e. 35 minutes) per week or
equivalent amount of time if the school has an alternative
configuration. Depending on the teacher 's assignment
(i.e. assigned students per day), this time may be
increased accordingly.
SETSS and ESL teachers in multi-session schools shall
be assigned to the Student Assessment Activities menu
option as their daily professional activity (Circular 6)
assignment, or provided with an equivalent amount of
time during the workday, for SESIS-related work.
Teachers (Special Education and General
Education)
These employees should confer with their supervisors to
discuss adjustments to their schedules , if needed, to
incorporate sufficient time in the work day to perform
SESIS-related work (
i.e.
professional activity assignment
or time dedicated for Other Professional Work).
Vision and Hearing Teachers
These teachers shall use the time allocated for Other
Professional Work
(
i.e. 35 minutes) per week or
equivalent amount of time if the school has an alternative
configuration.
Version 1.1
Back to table of contents
Back to Functionals
Functional Chapters in Schools
SESIS Arbitration
Updated: 2019
Guidance Counselors, Social Workers ,
Psychologists
These employees should confer with their supervisors to
discuss adjustments to their schedules, if needed, to
incorporate sufficient time in the work day to perform
SESIS-related work.
Paraprofessionals
Paraprofessionals shall use the time allocated for Other
Professional Work (i.e. 35 minutes) per week, or
equivalent amount of time if a school has an alternative
configuration. to perform SESIS-related work.
Time dedicated for SESIS work should not impact/reduce the number of student sessions per day. In the
event a staff member is able to complete his/her SESIS-related work in less than the time outlined above,
s/he may be assigned to Professional Development, Parent Engagement and Other Professional Work
consistent with his/her title.
Staff members may be allotted more time if needed at the discretion of the principal and/or supervisor. In
addition, please remind staff that if they need assistance in prioritizing work or identifying time in their
schedules to perform their SESIS-related work that you are available to review their schedule and work
with them to address this issue.
Version 1.1
Back to table of contents
Back to Functionals
SPECIAL EDUCATION
Introduction
Special Classes
• Staffing
• Staffing ratios
• Grouping / Bridge classes
• Variances
• Curriculum
ICT
• Class compostion
• Ratios
• Staffing
• ICT Models
• Collaboration
IEP teachers
SETSS
Compliance
Program Preferences
Special education complaint
Special education resources and documents
Version 1.1
Back to table of contents
Special Education
Updated: 2022
The UFT supports members who work with students with disabilities in a number of
ways. Broadly speaking, there are two major prongs to our work.
First, we strive to ensure that members have the conditions and support to deliver
effective instruction. We do this by providing information on the laws, regulations
and policies that govern special education and facilitating resolution of compliance
issues in schools and classrooms through the special education complaint process
and tools such as the Initial Planning Conference Checklist.
Second, we work to make sure that our special educators and related
service providers have the knowledge and skills they need to do their jobs. This is
accomplished by working collaboratively with the UFT Teacher Center, LearnUFT, the
union’s state approved provider of continuing teacher and leader education (CTLE)
hours, and the Department of Education on professional development.
We provide information and resources on evidence-based practices in workshops
and on our website. We also identify systemic needs and develop initiatives to address
them. Most recently this includes strengthening the IEP teacher’s role as an
interventionist and supporting the growth of the Positive Learning Collaborative.
Additionally, we collaborate with parents, advocates and disability groups to
improve services; visit schools at the request of the chapter leader; hold citywide
meetings to provide information on new policy initiatives; work closely with
functional chapters; and inform and engage members regarding legislative, regulatory
and policy issues.
The Students with Disabilities section of the UFT website has a wealth of information
on all topics of special education. Much of this section will link to that portion of the
website.
Special Education
Version 1.1
Back to table of contents
Back to Special Education
Special Education
Updated: 2022
As a chapter leader it is very important to note that services and recommendations for
students with Individualized Education Plans must be determined by the needs of the
student and not the resources within a school.
A school cannot decide to offer a specific service such as integrated co‐teaching or
special class services, only in particular subjects (such as only locally determined
“core” classes) or for a set number of periods.
All recommendations on a student’s IEP, including the subjects and number of periods
for ICT, must be determined by, and designed to address, his/her individual needs.
IEP recommendations must not be based on the services currently offered in a
school, budget, availability of staff or space limitations, if those services do not meet
the student’s needs in his/her Least Restrictive Environment. School leadership
should work closely with borough field support centers should there be need for
additional resources.
Version 1.1
Back to table of contents
Back to Special Education
Special Education
Updated: 2021
Chancellor's Regulations for Special Education
State laws, regulations and policy
Federal laws, regulations, and policy
Know your rights
Key links
Special Education FAQ
Guidance for 2021-2022 school year
Special Education Resources and Documents
Version 1.1
Back to table of contents
Back to Special Education
PROSE SCHOOLS
Mission
Joint panel
Screening and evaluation
Proposals
Process
New schools
For more information:
Go to the PROSE section of website>>
Version 1.1
Back to table of contents
Progressive Redesign Opportunity Schools for Excellence (PROSE)
Amend all UFT-DOE Collective Bargaining Agreements t
o add:
1. Mission
a. To achieve success and outstanding results through a truly collaborative
environment for all schools at all levels among the key stakeholders responsible
for educating New York City’s schoolchildren — teachers and other school-based
staff, principals, and parents.
b. To build this Partnership on a basis of collaboration and mutual respect that
empowers school-based staff (including administrators) and enables students to
learn, thrive and achieve mastery.
c. To treat instructional staff as professionals by empowering them and holding
them responsible for providing the highest quality of teaching.
d. To foster continuous innovation in the way that labor and management,
principals, supervisors, and teachers and other school-based staff share
information, share decision-making, and share accountability for student
achievement and sound educational outcomes.
e. To empower school-based staff to embrace new ways of teaching children, even
if this means modifying certain existing regulations and work rules. This includes
re-examining current instructional practice, such as the school day and school
year, student assessment, evaluation, and class size.
f. To leverage technology in instruction to engage students and improve
professional development. This partnership will use technology to improve the
assessment of student learning, workforce engagement and parent satisfaction.
g. To use joint training and labor-management facilitators.
h. To give existing schools the opportunity and flexibility to change certain rules and
challenge the traditional way of doing things — provided they meet specific,
measurable performance targets.
i. To demonstrate creativity and innovation in the pursuit of educational excellence.
Joint PROSE Panel
a. Upon ratification of the successor collective-bargaining agreements to the 2007–
09 collective-bargaining agreements, a collaborative, decision-making panel
made up of an equal number of members selected by the UFT president and the
chancellor will invite school teams of UFT-represented employees and CSA-
represented administrators to submit proposals for five years long for
Version 1.1
Back to table of contents
Back to PROSE
participation in the PROSE program where schools with real educator voice and
decision-making input and/or authority are permitted to design schools that work
best for the students and communities they serve.
b. The program will begin as soon as practicable, consisting of a mix of high- and
low-achieving schools, and a mix of elementary, middle and high schools.
c. The panel will set a goal of implementing 200 PROSE Program schools over the
next five years that will be overseen and report into the office of the senior deputy
chancellor.
d. Proposals will be for a maximum of five years. The panel may end a school’s
participation in the program only if the school is not succeeding.
2. How the Joint Panel screens and evaluates proposals
a. Proposals will be screened based on the extent to which they demonstrate:
i. Partnership between UFT-represented employees and CSA-represented
administrators in decision-making;
ii. A proven record of previous collaboration and success (which includes,
but is not limited to, academic success on assessments);
iii. Creativity and flexibility in modifying DOE-regulations and CBA provisions
as specified in paragraph (x) of this subsection;
iv. A school community where many voices are listened to;
v. Strong buy-in from both UFT-represented employees and CSA-
represented administration;
vi. A commitment to capacity-building and sustainability from the Board
(DOE), UFT and CSA;
vii. Jointly-designed and job-embedded professional development and
training;
viii. A five-year commitment to the proposal;
ix. Measurable, reportable performance targets (defined more broadly than
academic success on assessments). If any school does not meet its
targets, the panel may take away its PROSE status at the end of five
years or sooner;
x. Proposals may (but do not have to) include changes to articles of the
Teachers’ CBA and corresponding articles of other UFT-DOE CBAs that
relate to (i) configuration of the existing work hours and/or work year
(Article 6), including extending the school day and/or year, provided there
is no diminution of annual salary; (ii) programs, assignments and teaching
conditions in schools and programs (Article 7); professional support for
Version 1.1
Back to table of contents
Back to PROSE
new teachers (Article 8G); (iii) evaluation; (iv) professional development
assignments and positions (Article 11 IV); (v) working conditions of per-
session teachers (Articles 15C2 and 15C4); (vi) Step 1 of the grievance
process (Article 22B1a); and (vii) transfers to the school (Article 18A,
paragraph 1)
The chancellor and UFT president may agree to other articles of the
Teachers’ CBA that schools may propose to change. Proposals may (but
do not have to) include modifications to Chancellor’s Regulations except
those affecting student safety or implementing state and federal laws and
regulations.
b. Proposals must include:
i. Evidence of the school’s current success, or if a group, at least one school
in the group’s success in providing a quality education to students. The
panel will consider multiple measures of success, not only academic
measures. Schools that serve high-need students and schools without
screened or selective admissions are especially encouraged to apply.
ii. A list of the types of innovative, teacher-led practices that the school
currently uses or is planning to use to promote student success. Examples
could include: school-based staff selection procedures, UFT-represented
employee representation on and powers of current school committees that
positively influence the quality of instruction delivered to students, School-
Based Options for scheduling or other policies. A specific description of
how the school intends to use the contractual and regulatory flexibility of
the PROSE program to provide employees with decision-making input and
authority in the school and build on its successes during the duration of
the plan. As part of their proposals, schools may choose to establish
committees consisting of key school-based stakeholders to examine
resource allocation, schedules, curriculum, technology, professional
development, hiring and parent engagement.
vi. A proposed budget for the initial year, including both current budgetary
resources and any requested supplementary funds. No such supplemental
funds are guaranteed. The UFT and DOE will commit to pursuing
additional outside funding to support innovative school plans, where
feasible. The PROSE program is not contingent on securing additional
outside funding.
v. A mechanism for PROSE Program schools to regularly report their
progress to the panel including, but not limited to, annual goals and
budgets.
Version 1.1
Back to table of contents
Back to PROSE
4. How a school becomes a PROSE Program School
a. Applying schools must submit a proposal which has been approved by the
School Leadership Team of their school.
b. To be accepted, the UFT and DOE panel members must agree to accept the
proposal and allow a school’s participation in the PROSE program. Once
approved by the panel (including any required revisions), a proposal is submitted
to the school for adoption.
c. The proposal may be implemented only upon ratification by 65 percent of all
those UFT-represented employees voting and acceptance by the school’s
principal. Proposals may also be modified by the same ratification and approval
process set forth in this subsection 4.
d. UFT-represented employees who wish to transfer out of a school that has been
approved to participate in the PROSE program may do so on the same basis as
similarly situated employees, with the exception that teachers who wish to
transfer out of the school for the 2014–15 school year may do so by Oct. 15
without principal release if they find another position in accordance with the
applicable CBA.
e. If accepted and approved as provided herein, the UFT, DOE and the applying
school will implement the proposal as approved.
f. Individual schools or groups of schools may apply; however, preference will be
given to groups of schools which demonstrate a mix of types of schools. Where a
group of schools apply, each school in the group must ratify the proposal by
65%, as provided herein, in order to participate.
g. Participation in the PROSE program can be renewed at the expiration of the
initial proposal term, in accordance with the panel’s approval, and with ratification
by 65 percent of the school’s staff, and approval by the school’s principal, and a
vote of the School Leadership Team.
h. The panel shall, as soon as practicable, implement the PROSE Program, adopt
application procedures and accept proposals from schools.
i. The DOE and UFT will collaborate in developing pre-application and post-
application workshops to be delivered during the 2014–15 school year for
applications which will be implemented after the 2014–15 school year.
5. New schools
a. The DOE and the UFT will develop an alternative process for the creation of new
schools that are proposed by either teachers
and parents.
b. These schools can be proposed in addition to the 200 PROSE Program Schools
and if approved in accordance with the agreed-upon procedures will have the
same flexibility with regard to Chancellor’s Regulations and work rules as
PROSE Program schools.
Version 1.1
Back to table of contents
Back to PROSE
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

ROLE OF THE CHAPTER LEADER (United Federation of Teachers)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 2 June 2022

Message

View Audit Log
Print With Audit Log
Duplicate Document