As CPS prepares to close a record number of schools, the fate of students and communities is in question.
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Judge gives laid off Chicago teachers second chance
By: Sarah Karp / October 05, 2010
UPDATE: The Chicago Tribune is reporting Tuesday night that CPS CEO Ron Huberman said the district will appeal the judge's decision.
A federal ruled Monday that CPS wrongly dismissed hundreds of teachers in
a bid to rid the district of poorly performing educators. But CPS and
the Chicago Teachers Union disagree on whether the ruling means that the
teachers must be hired back. UPDATE: The Chicago Tribune is reporting Tuesday night that CPS CEO Ron Huberman said the district will appeal the judge's decision.
A federal ruled today that CPS wrongly dismissed hundreds of teachers in a bid to rid the district of poorly performing educators. But CPS and the Chicago Teachers Union disagree on whether the ruling means that the teachers must be hired back.
Over the summer, the district laid off about 749 teachers, according to CPS. CEO Ron Huberman made headlines in June when he introduced a resolution to lay off teachers with poor evaluations first, without regard to tenure or seniority. The district never provided a count of how many poor performers were ultimately among those laid off.
CTU president Karen Lewis said at a press conference Monday night the judge found the district’s actions illegal and that the teachers must be recalled.
"Kids will have their teachers back," she said. She said that hundreds of teachers will return to classrooms and class sizes will be lowered.
But CPS General Counsel Pat Rocks says the judge actually called the practice of letting go the worst teachers first “sensible.” Rocks says the ruling demands that the district and union agree on a procedure to allow tenured teachers to compete for existing vacancies.
"This is not about what happened before the layoff, but what happens afterward," Rocks said.
In the ruling, United States District Judge David H. Coar calls on district to “rescind the discharges of tenured teachers.” The district then has 30 days to negotiate with the union a set of recall rules.
The judge also told the district that they can't issue "honorable discharges" to teachers in the future.
CPS officials issued a statement on Monday saying they are looking into whether they will appeal the decision. The statement said that the majority of the tenured teachers—56 percent—have already found new jobs within the district.
In June, Huberman confronted the issue of tenure and seniority saying that when he introduced the resolution that allowed him to lay off teachers. He said he wanted to be able to first fire those teachers who were under remediation and had negative evaluations. In court, the union held that most of the tenured teachers who were laid off were rated “excellent,” “superior,” or “satisfactory.”
“Chicago Public Schools should stop slurring our teachers, suggesting that those fired somehow were less than exemplary teachers. The court appears to agree – tenure is necessary to academic freedom,” said Lewis in a statement.
Judge gives laid off Chicago teachers second chance
top liar pat rocks still does not get it, they broke the law and got caught.
Fire all cps attorneys and administrators for using government funds to violate constitutional rights of union members and wasting taxpayer money on illegal terminations.
drk
Judge gives laid off Chicago teachers second chance
Pat Rocks are we reading the same ruling? get your head out of your a--.
... the Teachers Union’s motion for a preliminary injunction is GRANTED. The Court enters an order: (1) directing the Board to rescind the discharges of tenured teachers under the Board’s June 15, 2010 resolution; (2) directing the Board to promulgate, in consultation with the Teachers Union and after good-faith negotiation, a set of recall rules that complies with 105 ILCS 5/34-18(31) within the next 30 days; and (3) preliminarily and permanently enjoining the Board from conducting future layoffs or “honorable discharges†in a similarly unlawful manner, until such time as the recall rules have been promulgated.
Judge gives laid off Chicago teachers second chance
doing this-100%. Rocks is upstanding. Huberman is mercenary. The Board members are dumb.
Judge gives laid off Chicago teachers second chance
-now. !Debe pedir la dimisión-ahora!
Judge gives laid off Chicago teachers second chance
Blame Rocks? Blame the Board? Blame the principals?
Run to the coattails of Daley. Huberman should NOT be a part of the 30 day negotiation. He has no credibility.
Judge gives laid off Chicago teachers second chance
7th Cir Court of Appeals they will likely lose. The 7th is fairly conservative and simply put the existing state law and the existing contract between the CTU and CPS are very clearly in favor of the CTU. The decision is similar to hundreds written to enforce the provisions of thousands of contracts. Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda ("agreements are to be kept").
The "Common Law" a historic book that was written by the extremely conservative Supreme Court Justice Oliver Wendell Holmes, Jr. in 1881 has been cited by Richard Posner, the most cited legal scholar of all time, and who is one of the leading judges on the 7th. Justice Holmes devoted considerable space to contracts in his book. The historical standard for voiding a contract under Common Law is very high and I just do not see the 7th even considering that issue in this case.
Why would the CPS spend the taxpayers money on this appeal, moreover why are members of Chicago's media lending credibility to this long shot appeal? Do they hate unions that much?
I think a while back I wrote that CPS if it wants to change the order of layoffs from strick seniority it had to offer the CTU something in return. But CPS just attempted to jam this down the union's throat and offered nothing. This was a profound mistake by Mr. Huberman and whoever was advising him. Mr. Huberman might have been able to make a deal with the CTU on layoffs, one that would have been supported by the vast majority of hard working teachers who have high ratings and may have been good for children too. Instead, the CPS created fear among teachers who had more than just a few years of seniority and they will now defend what they have because they can not trust the CPS.
This is a very bad situation going into the next contract discussions.
Rod Estvan
Judge gives laid off Chicago teachers second chance
RON HUBERMAN IS OUT!
Judge gives laid off Chicago teachers second chance
A great victory for collective bargaining law and due process for teachers.
All of us committed to democratic tradition of fair, and reasonable rights for unions in publiceducation--a right fought long and hard for here in Chicago need to organize against future attacks on collective bargaining and teacher professional dignity in Springfield, and unfortunately, in Washington as well.
john duffy
Judge gives laid off Chicago teachers second chance
I have read the judge's decision. What it says is that the Board of Education has to provide due process and justify their decisions based upon the merit of the teachers to be laid off. Teachers with tenure and seniority have preference for new positions, but this is not a guarantee if the Board can show "cause" for termination. It has always been possible to terminate unsatisfactory teachers, but CPS has preferred to be lazy and blame the union for not letting poor teachers go. I have observed principals fairly evaluating poor teachers and terminating them. Why would hard-working excellent teachers want to support inadequate personnel? Recent articles about terminated teachers with documented high abilities and ratings suggest that firings were sometimes due to whim and discrimination on the part of principals. This is the reason for tenure and protection. By appealing this court decision, CPS is wasting taxpayer money and continuing the chaos in the schools. How responsible is that?
For those excellent teachers whose positions have been closed because schools are closed or population is reduced, etc., a procedure needs to be established to allow these teachers to apply for other positions in the system if they choose to do so. There is already a process for this, but, perhaps, there needs to be a more just and effective one.
CPS forgets that it is a public entity, accountable to the public. Therefore, the public is entitled to know the truth about finances and policies. That is what the union is trying to do.
Judge gives laid off Chicago teachers second chance
My school got rid of its dead weight over the summer--a few tenured teachers who were inffective with the kids. In their place we hired young, energetic teachers that the kids actually like.
Now the judge thinks he can come along and disrupt our school by putting these worn-out old has-beens back in their place?
No, thank you.
Judge gives laid off Chicago teachers second chance
Why do we have laws that protect poor teachers? Who out there cares about the children? This is wrong. Get poor teachers out. Period.
Judge gives laid off Chicago teachers second chance
Childadvocate et al,
There is a simple obligatory process, mutually agreed upon by the Board and the Union, for the evaluation and removal of unsatisfactory teachers. The content of that evaluation may not be challenged by the Union. As long as the proper procedures are followed, a poor teacher can be removed with little trouble. That agreement between the Board and the Union is legally binding.
Judge gives laid off Chicago teachers second chance
been successful in removing poor teachers. Our teachers have supported this process. However, CPS needs to have more than a retired administrator supporting principals with this process. She does a great job, btw.
Judge gives laid off Chicago teachers second chance
and who judges the principals...i think some people forget these evalulations are very very politically based!!! not always...but sometimes!!! these evaluations are not like doing some scientifica litmus test...principals sometimes are the most incompetent person in the building...who judges them??????????/
Judge gives laid off Chicago teachers second chance
We are beholden to the LSC who evaluates us and the CAO who evaluates us. The LSC can do a survey of every parent and student if they wish on how 'well' the principal is doing. And watch if you don't give an LSC parent what they want for their child or a teacher rep the best class of students. Or if you do not jump high enough for your CAO. It comes back to bite you.
Judge gives laid off Chicago teachers second chance
sounds like we are all in the same boat! maybe we need to work more together!! BTW I know there are good and bad principals and the same with teachers...I just had some bad experiences...very very bad!!!Criminals and meglomaniacs running the show...
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