It's teacher hunting season!

Tuesday, February 7, 2012

Occupy the PEP! (Feb. 9, Brooklyn Tech H.S.) / Defend the Rubber Room 5!

IT'S TIME TO OCCUPY THE PEP THURSDAY, FEBRUARY 9TH, 5:30PM

Brooklyn Technical High School, 29 Fort Greene Pl (between Fulton and Dekalb) in Brooklyn

Near the Nevins 2/3/4/5 or the Dekalb B/D/N/Q/R

Background On Thursday, February 9th, the Panel for Educational Policy (PEP) will hold an open meeting and then a vote to close down dozens more schools. The PEP is an un-elected 13-member body (the majority of whom are appointed by Mayor 1% Bloomberg) whose decisions dramatically affect the lives of the 99%. Every time a vote for school closings has come before the panel, they have voted on behalf of their puppeteer, Mayor Bloomberg. No matter what impassioned students, parents, educators or elected officials have said in the past, the PEP has ALWAYS voted against the people. PEP meetings are open to the public.

We, students, parents and educators from the 99%, invite you to join us in having our OUR OWN VOTE on the fate of our schools.

If you don't believe Mayor 1%'s puppet board should be empowered to make decisions about our schools, come help us OPEN THE MEETING UP! In October, the panel walked out of their meeting and we held our own meeting. Click here to see how it went down. Now, let's do it with thousands!
Ways YOU can Occupy the PEP:
Option A: Are you a student, parent, educator or elected official from a school that the PEP has targeted for closure? Members of your school community should plan to use THE PEOPLE'S MIC to speak out about the mayor's policies and about your school! To see how the people's mic works, click here.
EXAMPLE: I am here because the panel shouldn't be voting without the community's consent to close down schools. In my school...
EXAMPLE: I am here because the mayor has it all wrong, and because he wants to take over space in our public schools to hand it over to charter schools. Our school is an amazing community...
EXAMPLE: I am here because what is happening here is wrong! Because the people have spoken and they say enough is enough!...

Or you can plan a song, performance, or skit. Every school that the PEP plans to vote on will have a chance to speak out and use the people's mic. Please practice! The people's mic can be tricky and you have to speak in short phrases of three to seven words and wait for people to respond. But it's a powerful tool that can change the balance of power in the room! Let's use it!

Then the PEOPLE (not the puppet panel) will vote on the state of your school!

Option B: Not from a closing school? Well then we need your help to support the occupation of this undemocratic meeting! There are definitely ways you can participate. We need your voice to help amplify the voices of those speaking on behalf of their schools. We also need folks to sit near the aisle to protect the people's mic. And we're asking folks to wear shirts or stickers that identify who the occupiers are and what we stand for. For example, you might consider wearing a shirt or sticker that says "Student Against School Closings" or "Parent for Community Control of Schools", etc. There will be speeches, performances, skits, signs to hold, and more! Join us.

Please contact occupythedoe@gmail.com with any questions. Let's open up the PEP and put the decision making power where it belongs—with the people!

* * * DEFEND THE RUBBER ROOM FIVE! BASIC CONSTITUTIONAL DUE PROCESS RIGHTS FOR NEW YORK CITY TEACHERS AT STAKE! From the EdNotes online blog:
Rubber Room Suit: The Manhattan Five (plus one) go to Appellate Court!!!!! PLEASE COME TO SHOW SUPPORT Just a reminder that the remaining members of the Adams, et al., vs. Joel Klein, Michael Bloomberg, City DOE, Richard Mills, David Steiner, NYS Ed Dept., Deborah Marriott, Manager NYS Tenure Teacher Tenure, will appear at ORAL ARGUMENTS in front of the Federal Appellate Court Judges on THURSDAY, FEBRUARY 9th at 2:00 pm.

Please come to the Federal Court House to demonstrate your belief in Constitutional rights of Due Process for teachers, and Equal Protection for employment discrimination. We are arguing for the right to a trial on these matters as proper causes of action. THURSDAY, Feb 9th, 2:00 p.m. (before the PEP Meeting) United States Court of Appeals for the Second Circuit- 9th floor Ceremonial Courtroom (use NORTH elevators) 500 Pearl Street From Foley Square, cross street to Pearl Street. Walk 1 ½ blocks down Pearl Street to new high rise bldg. North on Church Street, Right on Worth Street to Daniel Patrick Moynihan US Courthouse. Thanks for all your good work for teachers’ rights and just causes, and continued support!!!!!

FOR IMMEDIATE RELEASE February 1, 2012 UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT TO HEAR ARGUMENT ON NEW YORK CITY DEPARTMENT OF EDUCATION’S UNCONSTITUTIONAL USE OF RUBBER ROOMS

The United States Court of Appeals for the Second Circuit has scheduled Oral Argument in Ebewo, et al. v. New York State Education Dept., et al., Case No. 10-4989(L) on Thursday, February 9, 2012 at 2:00 P.M. Oral Argument is being held at the U.S. Court of Appeals for the Second Circuit at the Courthouse located at 500 Pearl St., 9th Floor, Ceremonial Courtroom (use North Elevator Bank). The case, originally filed in the United States District Court for the Southern District of New York in June 2008, was dismissed by District Court Judge Victor Marrero on November 15, 2011 pursuant to a Report and Recommendation by Magistrate Judge Andrew J. Peck issued August 23, 2011.

The District Court ruled that the appellants, tenured New York City Public School teachers Michael Ebewo, Joann Hart, Julianne Polito, Thomasina Robinson, and Brandi Scheiner failed to state any cause of action for deprivation of their constitutional right to a prompt hearing after being sent to a Rubber Room, for any claims of employment discrimination, and for being retaliated against for the exercise of their First Amendment Right to speak against their principals’ allegedly falsifying student grade and attendance records to improve school performance.

The defendants and appellees named in the lawsuit are the New York City Department of Education, Mayor Michael Bloomberg, Chancellor Joel Klein, New York State Education Department, State Commissioners of Education Richard Mills and David M. Steiner, and Deborah A. Marriott, Manager of the State’s Teacher Tenure Hearing Unit. The teachers have alleged that they are similarly situated to other persons who hold licenses issued by the City and State of New York and that they therefore have a protected Fourteenth Amendment due process property interest in their tenure and their state issued teaching licenses that require the City and the State provide them with a prompt name-clearing hearing after suspension as the City and the State are required to provide to other license holders by the Due Process Clause of the United States Constitution’s Fourteenth Amendment.

These five New York City Public School tenured teachers remained in Rubber Rooms without a hearing for anywhere from two years to five years, most without any charges being imposed against them during that time. Nicholas Penkovsky, Esq. of the Law Offices of Nicholas A. Penkovsky, PC is arguing the appeal in behalf of the teachers.


Here is the plaintiffs' complaint filed at Federal Court.

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