It's teacher hunting season!
Showing posts with label ageism. Show all posts
Showing posts with label ageism. Show all posts

Sunday, May 20, 2012

Why Post-Scooped Mulgrew Sex Story has Political Relevance --UPDATED

(Go to the bottom of this post for UPDATES; these updates also deal with the political ramifications.) This New York Post salacious story, "UFT ‘sex coverup’: Union chief caught in act at school: lawsuit", is just another media outlet's union-bashing attack on a powerful union official who helps the less fortunate. Not so fast.
The Post's story this morning of United Federation of Teachers president Michael Mulgrew does indeed have great significance.  It moves beyond the level of a salacious tee-hee story to one of great importance.  For the first half of the article it justs reads as sour grapes gloating over an embarrassing story of improper behavior.
However, the story matters a great deal for the integrity of UFT president Mulgrew.  If the facts are indeed true, they raise highly disturbing concerns for the membership.
First the details: an aggrieved teacher at the Frank Sinatra High School of the Arts in Queens alleges that Mulgrew engaged in a sexual act on a shop table in a wood shop of the school campus of William E. Grady Vocational High School --Mulgrew's last teaching assignment, and that he was caught "in flagrante delicto" [Latin, "in blazing offence"] by a school janitor. His alleged partner in the act was a school guidance counselor. So far, just a sleazy story of misconduct and more than a little bad judgment.
Then come the political details. The article reveals that his act partner received a nice union office job on the side. (For the uninitiated, the union office jobs generally come with a second pension and a token appearance at the school.)
One former staffer at Grady High School made comments that cut to the core of the issue:
“The sex thing, it’s between them and nobody’s business,” one said. “The thing that upset me is the patronage job to Mendez — rewarding her with a high-paying job with my union dues.”

Coincidentally, soon after the alleged encounter, Mulgrew ascended to the position of UFT Vice President of Vocational Schools.
In 2005, soon after the alleged incident, Mulgrew became UFT vice president for career and technical high schools. Around the same time, Camacho-Mendez transferred to the HS of Telecommunication Arts and Technology in Brooklyn, but got a part-time job in Mulgrew’s union office.
She was later given the full-time position of UFT liaison for special education. She gets two paychecks — $22,000 in UFT compensation on top of her $85,000 city salary, although she’s no longer a guidance counselor. In 2010, Mulgrew presented Camacho-Mendez with a UFT award.
“No one ever heard of this woman until Mulgrew brought her on board,” said a longtime UFT rep. “She had no union credentials.”
WHY THIS MATTERS POLITICALLY
This article alleges that the school's administration, the principal, participated in the hush-hush. Here's where the story gets political. You cannot be a strong union advocate of teachers when the principal, and now, by extension, the Department of Education (DOE) higher-ups, "have the goods on you." This is why Mulgrew is caught literally, in a compromised position. Compromised positions affect integrity and the ability to fully serve out duties. This is why military and security agencies are expected to treat this issue with vigilance.
Mulgrew demonstrates a profound weakness with his handling of several high-profile matters. First, he has sold out the union by agreeing to the tying of teacher performance evaluations to student test scores. He himself has conceded that the tests are statistically inconsistent. The New York State Department of Education's Meryl Tisch publicly upbraided the makers of the latest test, Pearson, publishers of several tests recently administered to elementary school aged children, for rampant test errors. Yet, scholars have often cited poverty as a greater factor in the appearance of low test scores. For example, see former principal Mel Riddile's "PISA: It's Poverty Not Stupid."
Second, there is the Absent Teacher Reserve matter. ATR teachers are senior teachers. The city Department of Education, under mayoral control --which Mulgrew and Weingarten in principle agree with, only allots so much to particular schools. Thus, the city encourages principals to hire down the pay scale. So, while the media excoriates Last In, First Out, the reality is that principals hire new or relatively new teachers over experienced ones. Where does this leave excessed teachers? The ATR pool. The DOE will create hundreds of ATRs in June with the shuttering and the immediate reopening of the schools with new names and new budget numbers. The UFT's mantra was that it would protect ATRs. Now, some teachers will question this with talk of a buy-out.
We wonder why the lack of real strength on cutting edge issues? Could it be that the DOE had the goods on Mulgrew and this restrained him from going further on some of the most pressing issues for teachers? Could it be that Mulgrew is now of the two percent with his "$250,400 a year [salary], plus benefits," rather than the 98 percent?
Interesting: both the evaluations cave in announcement in February and the ATR cave in this Thursday, came in 24 hours after the Delegate Assemblies, where trouble could brew, in the absence of rehearsed, scripted opponents of statements by those representatives truly defending members' interests.
THE REAL MYTH OF MULGREW
Many UFT members are snow-under by Mulgrew's scowl when interviewed and by his grandiose acts such as dissing New York Schools Chancellor Dennis Walcott to his face with his D rating of the Department of Education's performance. They and UFT-friendly outsiders are saying that "Mulgrew is better than Randi" [Weingarten, Mulgrew's successor]. This Post article furthers the myth, giving Mulgrew the "fiery" label.
But these gestures by Mulgrew are comparatively tame. He needs to go beyond the nyeh-nyeh-ing to Walcott and show the real potency of the union, and have mass rallies.
All of this is why many union members are viewing the union leadership as a royal fiefdom insulated from the mass of the membership, why some members are looking for a UFT caucus with MORE action, real defense of members, rather than empty bluster, to give deeper analysis of the issues, not the Mulgrew clique's brief soundbytes.
Read more of Susan Edelman's story at the Post: UFT President Michael Mulgrew accused of sex-scandal cover-up in federal suit - NYPOST.com
UPDATE
See Betsy Combier's Parents Advocate blog for 2005 principal lawsuit query: http://www.parentadvocates.org/index.cfm?fuseaction=article&articleID=8300
She closes her contribution with the clincher,
So, what's the truth, Mike? Why did the Principal of Grady sue you and Ellie Engler in 2005? What was the settlement? The public does need to know.
And why are you on the payroll of the DOE through 2010?
Did you hide your affair and other actions at William Grady, then decide you would not help members put into the same situation? If so, perhaps you should resign.
We go now to the 2005 lawsuit, by a principal against Mulgrew for defamation.
It appears to be retaliation against Mulgrew and other union officials for complaints over alleged principal misconduct in asbestos removal. Mulgrew and company complained of the principal's asking teachers and students to work on the site: [he] "directed students and a teacher to tear down library walls and shelves even though he knew the room contained asbestos, then tried to cover up the incident".Here is the substance of the case between Mulgrew and Grady HS principal Ivor Neuschotz. This lawsuit? It was settled out of court the next year. Was there an I'll scratch your back if you scratch mine quid pro quo, agreement between Mulgrew and Neuschotz to keep hushed about each other's scandals?
2005 a special year for Mulgrew. As we noted before, he had the on-campus fling with his colleague. And in the same year UFT president Randi Weingarten chose him as vice-president of the vocational school division of the union.
So, Mulgrew had the goods on the principal, who kept hush-hush. Again, this cuts to the core of how this is a valid political story. Just how can you go toe-to-toe with opponents when the opponents have you in mutual agreements to keep hush-hush?
Back in 1993 president Bill Clinton was searching for an attorney general. His first two appointees had minor legal problems stalling his appointment for the office.
That episode should be an object lesson that you thoroughly vet candidates for high or sensitive positions. We wonder, why did Randi Weingarten fast-track Mulgrew to the Presidency when he had the Camacho-Mendez affair in his closet? Were there not any Janet Reno-clean candidates that she could have considered?
[This story reeks of double standards. The alleged classroom tryst of two language teachers at James Madison High School, like Mulgrew were caught by a member of the custodial staff. These teachers, in 2009, the year of Mulgrew's moving to the UFT presidency, got assigned to a "rubber room." Mulgrew, when he was supposedly caught in an improper intimate act was on his way to Vice President. The end of their story: termination. The end for Mulgrew: the insulated presidency. The question some teachers might at this point ask: do we have a rubber room president?]
* * *
Finally, the Rubber Room Reporter has linked Gotham Schools' page on Grady H.S. It got a D rating for 2009-2010. It is a mostly male school; yet the top graduates are female. The graduation rate is 49 percent. That is not exactly the model of success in the DOE's eyes. It is the kind of school that might head soon for transformation. Mulgrew's old peers at Grady HS could soon be out of their positions and find themselves ATRs. Don't you think that Mulgrew is relieved that he is a mere mortal teacher?
His track record as a union leader, looking out for his fellow teachers shows a failure of compassion and understanding. The settling for a test score-based evaluation program. The abandonment of teachers whose school becomes a turnaround or transformation school to excessed status. Does he ever imagine if his fate was more like the hapless teachers at James Madison or dozens at Grady?
As Combier asks, "What was the settlement? The public does need to know."
* * *
Our brotherly blogger at Ed Notes added these observations about the story:
For those of us who are challenging his leadership for NOT battling the ed deformers and protecting teachers, this story is meaningless other than it exposes the level of Unity Caucus corruption and how they protect their own while leaving most teachers to hang.
--------UPDATED with comment from Michael Fiorillo
I agree with Norm that UFT collaboration with Bloomberg predates Mulgrew, and is predicated on much deeper corruption and deception, which also includes the self-deception of the leadership and its patronage recipients.
If the UFT/AFT didn't already accept or agree with the outlines of the neoliberal project on education, would this (alleged) tawdry episode be enough to maintain it? Not likely.
On the other hand, John Kenneth Galbreath said that all revolutions are the kicking in of a rotten door, and we all know the UFT structure is rotten, despite the presence of decent, hard working people in the union. That's the destiny of every entrenched, single party state, and that's the potential significance of this story: at a certain point, the superstructure is so internally compromised that it can no longer support itself, and crumbles before a gust of wind.
If this is that gust of wind (doubtful in my mind, but you never know), the question then becomes, who will benefit from the resulting crisis: an invigorated rank and file fed up with years of lies and abuse, or the Overclass, which seeks to use it for its own avaricious ends?

Friday, October 7, 2011

Tempers Flare at Jobs Fair as Experienced Teachers Told No Jobs

Memphis surplus teachers crisis instigated by policies of U.S. Education Secretary Arne Dancan
Published verbatim from democraticunderground. Indents are article excerpts that the original post cited. Article excerpts have been broadened to include full articles or letters cited. {Bracketed parts} are from this blogger.

"Gee, Arne. How do you feel about the tempers flaring at the Memphis schools job fair?" {From 10/7 post at democraticunderground, which drew from the "Memphis Commercial Appeal."}

This is your education reform in action, Arne Duncan. Does it make you proud to see all those long-time teachers in their 50s unable to get jobs after devoting themselves to their careers?

I hope they do file those age-discrimination lawsuits..I will be among the first to offer financial support.

They are being laid off and replaced by trainees from TFA. Yes, this is your reform in action. Proud of it, are you?

Tempers boil over at Memphis City Schools job fair, "Commercial-Appeal" news story link.

Police were called to calm a disturbance at a Memphis City Schools job fair Friday when about 70 experienced teachers were told there were no openings.

"When I heard that, I turned around and told all the teachers in the auditorium that we need to file a class-action suit," said Dennis Paden, 54, an 18-year classroom veteran with a master's degree.

"Most of the teachers, if not all, were over 50. Several were in wheelchairs. It's a classic case of age discrimination," said Paden, who was told to leave the fair at American Way Middle because he was causing a disturbance and being belligerent.

....Teachers said the flare-up reflects anger over changes that allow the district to hire new teachers over senior staff to help meet "curriculum needs."


One of the comments after the article hits the nail on the head.

"As a result of the teacher shuffling, all sections of physics at Ridgeway High were dissolved this week ... Students were told Friday, a week before the quarter ends, that physics classes would no longer meet."

Ridgeway, isn't that supposed to be one of the better schools in the MCS?

How could an accredited high school not offer Physics? Isn't that sort of like educational malpractice?

As for Dennis Paden, I'd have him teaching my children any day. We can use passionate, interesting history teachers out in the new suburban schools. We could also use someone like him at my children's private school (that is within about a 10-minute drive of his home).


Who's Dennis Paden? Here's his letter today about being treated disrespectfully and being without a job in spite of glowing references. He says the superintendent calls them "lemons:"

Letter: "MCS mistakes prove costly," from the Commercial Appeal today:

I am one of the many Memphis City Schools teachers whose official status is "surplus teacher." Supt. Kriner Cash derisively refers to us as "lemons." For him, it may be a joke. For cash-strapped taxpayers it is no laughing matter. By my conservative estimate, his misuse of resources will cost you in excess of $6 million.

Last year I taught advanced placement U.S. history, African-American history, economics, U.S. government and two regular sections of United States history. My other duties included coaching the debate team and serving as head coach for our varsity baseball program. It was a grueling schedule that I accepted as a professional challenge. I did not complain. I was proud to be a team player. At the end of the year when my principal told me that my A.P. class would be discontinued and that as a result of other staffing cuts he needed my slot to hire a football coach, I was stunned. I was placed on the surplus list and have yet to be hired at another school despite glowing recommendations, a master's degree in my subject area and a résumé packed with career experience in virtually every area related to the social sciences. My evaluations contain no deficiencies.

Being a vocal critic of reforms that too often label children, teachers and schools as failures as a result of high-stakes testing, I can understand how I may have rubbed some the wrong way. However, when I meet with other teachers in surplus status, I find they too are highly qualified and were solid contributors in their last assignment. So, what gives?

It is curious to me why so many veteran teachers have been relegated to the sidelines in exchange for less experienced and, in most cases, less qualified Teach For America personnel. According to Deputy Supt. Irving Hamer and John Barker of MCS, it is data that drives all MCS educational decisions. Where is the data that says inexperienced Teach for America personnel are worth the millions of dollars spent to lock proven veterans out of the classroom?

Dennis Paden


In my opinion as a retired teacher, and in the opinion of those teachers I speak to who are still in the classroom....it is past time for the person in charge of all this mess to be fired.

From day one Arne Duncan started by attacking teachers' unions. He only went to charter schools, he hung around with the reformers and praised documentaries like Waiting for Superman in which teachers were treated insultingly.

I am sick inside over the way teachers are being treated. Memphis is one of the worst. My thoughts go out to them.

{Of course it's totally unscientific, but here's the letter grade that readers gave the record of placing MCS "surplus teachers".}

Commenter wrote:
Similar stories in many districts. This is just sick.

I'm working with a handful of TFA replacements this year. It's disgusting that anyone with a brain thinks they can waltz in and do a comparable job - or even do better - than the experienced teachers they are replacing.

It's like an alternate universe where up is down, in is out and everyone smiles and pretends the kids are okay.

Another commenter wrote:
I'm mentoring my third TFAer. This sucks.

The first two quit; one in the middle of a semester, the other before finals near the end of the year. Most of these people do not belong in front of classrooms. I have only met one TFAer I would consider qualified to teach, and honestly that is because she went back to school and actually took some classes on her own about education, educational theory & practice. Many TFAers believe the hype about themselves as "saviors" and do not feel like they need the sufficient educational background in order to practice the teaching discipline. It's sad for our students who deserve top tier, qualified instructional professionals.

Piece by piece our public education system is being dismantled by a Democratic administration. That should make us all very angry.

Another commenter wrote:
football coach wasn't it

a master's certified teacher to teach history or a football coach to teach history, in the usa it is an easy choice, football is more important than history in the usa... in france the schools do not waste any resources on sports, all sports teams are run by the towns/regions and have fuck all to do with the schools, in school you have physical education class and that is it for sports.

Another commenter:
Article from Aug. .They fired the teacher of the year.

They applied for money from Bill Gates, and it had strings attached.

http://soetalk.com/2011/08/17/in-memphis-clashes-between-new-and-experienced-teachers/
{Ed.: SOE Talk is an outlet for students, prospective students and alumni of the Johns Hopkins School of Education.}

By Jane Roberts, The Commercial Appeal, Memphis, Tenn. (MCT)

When Memphis City Schools accepted millions of dollars from The Bill & Melinda Gates Foundation to improve teacher effectiveness, it agreed to tap new pipelines for attracting teachers.

But after at least 190 teachers with no experience were hired over 100 teachers with lots of it, school board members wanted to know Monday if jobs were earmarked for some of the new teachers—and what they are supposed to tell angry constituents.

“Out of North Memphis, I’m getting this phone call: ‘How can you let the teacher of the year last year go when you’re hiring people who don’t have experience?’” board member Sara Lewis said after the meeting. “That needs to be explained to people. People don’t understand. Our issues are (getting) accurate and adequate information.” While Supt. Kriner Cash did not say whether some positions were intentionally left open for Teach for America and other talent partners, he said the process for filling positions was “open and transparent,” and he reminded board members that he has said if any highly qualified teacher is not permanently placed, he will see to it himself that he or she will be.

When the district applied for $90 million from the Gates Foundation in 2009, its proposal said that 30-35 percent of new hires would come from talent pipelines that produce high-quality teacher applicants. In 2009, the district expected it would hire 190 teachers from those sources this year alone. Next year, the number jumps to 235.

With only 5 percent of MCS graduates ready to succeed in college, Cash said the district has to do something different.

“We are trying to change and improve that rate,” he said. “We also have some of the highest numbers of students who are not proficient. … We have to do everything we can to give principals a choice—that is what research shows—give them the latitude to hire staff they need to move the needle.”

The issue boiled over after weekend media reports that the board would be voting on a $1.4 million contract Monday to hire more teachers from an outside group, Memphis Teacher Residency.

This year, MCS signed a contract to place 100 TFA corpsmen, paying their salary plus $4,000 per person to cover training and recruiting costs.

Since 2009, MTR has placed 45 teachers in public and private schools in the area. The residents complete a one-year master’s degree in urban education through Union University and work four days a week in the city schools in supervised mentorship. They also receive a living stipend.

“MTR does not have a contract that requires MCS to hire our residents,” said director David Montague. “What I would like to think is that our teachers are attractive enough that principals hire them because they want them in the building. I would love for them all to get hired in Memphis City Schools, but they are not going to get hired because they have to be hired.”

Memphis Education Association president Keith Williams told board members that displaced teachers had been upstaged by “outsourced labor,” reminding them that new teachers have no record of their success in the classroom. Williams went further, saying they also have no relationships in the city.

Cash said MEA has been part of the discussions, saying, “We are working together on this issue.”

But he was clear that he has little power over anecdotal evidence, and board member Rev. Kenneth Whalum agreed, saying he could do nothing for teachers who say they are being mistreated but insist on anonymity.


Well, guess what? TFA is one of those "pipelines" of talent.

My anger grows.

{AND PEOPLE WONDER WHY EMPLOYEES WANT UNIONS????????????}

Friday, April 8, 2011

The LIFO myth / Walcott couldn't get hired at new schools

Bravo, Cathie "ohhhhhhhhhh" Black is gone!!!

Alas, former deputy mayor Dennis Walcott will need a waiver (yet again!) from NYS Education Commissioner David Steiner or his successor, because Walcott lacks any education supervisor training.

THE LIFO MYTH AND THE LIOI REALITY
(Last In Only In, the real issue, blocked out by attention to Last In First Out)
Yet, equally disturbing is the fact that Dennis Walcott would face 1,000 to 1 (or so) odds against getting hired at the new schools that will replace the closed-down schools.
The hard, cold truth is that the hiring at the new schools is that THE LAST IN ARE THE ONLY IN. Just remember that at school after school, the hiring freeze is a myth. ATRs are passed over for new teachers, who often lack experience as full-time, permanently assigned teachers or for teachers with inadequate licensing.
Cathie Black's appointment was a slap in the face of teachers that had to earn master's degrees or pass numerous exams.
The hiring of inexperienced teachers is a slap in the face of unassigned (tenured and experienced, I may remind you) ATRs in a period in which the public (and gullible teachers) are led to believe that there is a hiring freeze, with hiring limited to ATRs.
SHAME ON COMPTROLLER JOHN LIU'S FAILURE TO AUDIT THE DOE'S HIRING PATTERNS!
SHAME ON THE UFT FOR FAILING TO PROTEST THIS!


If you have ever set foot in one of these schools or have gone to parent-teacher nights, you will notice that:
(1) 50 to 90 percent of the teaching staff are 33 or under and have less then 6 years in the system. (These numbers are at the less stark range when a high school has been split into four: fifty percent get to stay on; the youngsters take all the other slots. But take note of the new schools in new locations or new schools imposed in odd places (like elementary or middle schools): these are more in the 90-95 percent newbie/young teacher range.)
(2) in the traditional schools (established schools as opposed to the new ones) ethnic diversity is to be found in the teaching staff. Yet in the new schools the minority percentage is teeny: about 10 to 15 percent.
So, Norm of Ed Notes, YES, the attack on LIFO is without question a form of racism.

Take a look at the great piece in "Ed in the Apple", "Is the Assault on Seniority an Assault on Teachers of Color? Will School Closings Lead to College or Incarceration?."
The Bloomberg-Klein-Black mindset is totally blind to the issues of race and class. Lisa Delpit, in Other People’s Children: Cultural Conflict in the Classroom points to the questions of race and power,

Delpit has identified a “culture of power” that operates in schools and supports dominant U.S. society. In classrooms where White and middle-class teachers regard minority and low-income students as “other people’s children,” Delpit argues that these teachers repeatedly fail to reveal the rules of the culture of power to students since they are “frequently least aware of — or least willing to acknowledge” the cultural power they hold.

Bree Picower, in her research, “The Unexamined Whiteness of Teaching: How White Teachers Maintain and Enact Dominant Racial Ideologies,” explores the pre-conceptions of white teachers and how they approach children of color.

One has got to ask, how are children of color viewing race, intellectualism, professions and the world when they see nearly every one of their teachers being white?
What kind of message are we sending to the youth of the city by erasing the teachers of color (or teachers of age, for that matter) from classrooms?

Another excellent piece, by Sam E. Anderson, from 2006, that systematically addresses the myriad thematic and hiring biases under Bloomberg/Klein, in "Black Educator,"
"A Black Education State of Emergency
Engulfs New York City."


And read, from 2008, at "Education for Liberation," "Vanishing Black Educators: Fewer Blacks, More Whites Are Hired as City Teachers" and further down the page, "Stop and Reverse the Disappearing of Black and Latino Teachers/vanisingblackteachers.htm"

BACK TO WALCOTT, UPHOLDING A SYSTEM THAT WOULD NOT HIRE HIM
Aside from Dennis Walcott's bad Kapo politics of blind loyalty to Mayor Michael Bloomberg, of upholding the closings and ridiculous bundling three or four schools in one building (to share a gym and cafeteria), we cannot ignore that given his age and race, he would face very, very slim chances of being hired in the very schools that he is aligned with creating.

Monday, December 14, 2009

DOE HANDED STUNNING DEFEAT IN “U” RATING APPEAL

Tuesday, December 01, 2009
DOE HANDED STUNNING DEFEAT IN “U” RATING APPEAL

In a sharply worded decision, yesterday, Justice Walter Tolub of New York Supreme Court rebuked the DOE for affirming a "U" rating given by an elementary school principal to a 20 year veteran when few of the procedural safeguards were followed. Jill Budnick, represented by private counsel, decided not to accept the rating and had claimed that she was targeted by the principal due to her seniority.

Justice Tolub found that the teacher evaluations and appeals of unsatisfactory ratings must be conducted in compliance with the formal procedures set forth primarily in two handbooks prepared by the Division of Human Resources, namely, "Rating Pedagogical Staff Members" and "The Appeal Process." The Handbook requires a Rating Officer (in this case, the school principal) to complete a thorough performance review for the academic year before rating the teacher (Section 11, at 3-4).

The Handbook states that the Rating Officer should make informal and formal classroom visits in order to improve and sustain effective teaching (Ex. 4, Section 1, A, at 1). A formal observation may consist of one full-period observation or a series of short visits by the principal (Section II, E, at 7). Discussion with the teacher before and after an observation must be built into the formal observation process, along with a post-observation conference and a written report, which should include prescriptive recommendations for professional growth where appropriate.
The Rating Officer must characterize each formal observation of the employee's performance Satisfactory or Unsatisfactory and indicate why this is so (Section 1, A, at 1). In arriving at the rating for a school year, the Rating Oficer should take into account all events and incidents manifesting professional growth, pupil guidance and instruction, and classroom management (Section, II, C, at 4). A U rating has serious implications, as it is a compelling reason to file charges against a tenured teacher and may affect the teacher's ability to obtain additional licenses and salary increments (Section II, G, at 9).

Reports of observations must be included in a teacher's official file and a teacher is permitted to append a letter or note of explanation or rebuttal to documents placed in the file (Ex. 4, Section 11, I, at 9-10). This appended material is considered part of the original document and should be permanently attached thereto (Section II, I, at lo). Any material to be placed in a teacher's file must include a notation that it is being placed in the file and a space for the teacher to sign and to indicate when he or she received a copy of the material.

Justice Tolub found that the rating officer did not provide pre and post observation conferences or any meaningful way to correct Budnick's alleged deficiencies. Additionally the Court noted that documents appended to the file letters were not included in the record on appeal and the appeals officer refused to mark into the record supportive letters from colleagues and other teachers.

The irregularities, according to the Court required that the U rating be vacated, an S rating be substituted and the DOE ordered to make the changes.