M U T U A L 2008 B ENEFITS M U T U A L B ENEFITS M U T U A L B ENEFITS M U T U A L New York City’s Shift to Mutual Consent in Teacher Hiring Updated with a New Afterword B EN EFITS Timothy Daly | David Keeling | Rachel Grainger | Adele Grundies MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL 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BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS 02 28 MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- | EXECUTIVE SUMMARY | CHAPTER fOUR The Need for a New Policy on Unselected EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL 08 | CHAPTER ONE New York City’s Excessed Teachers BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- 2005 Teachers Contract: Codifying TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS 36 Mutual Consent in Teacher Hiring | CONClUSION MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- 09 37 EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL | CHAPTER TwO The Evidence: | AfTERwORD: A Case Study in the BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- widespread Success of the Challenges of Education Reform Mutual Consent Hiring System TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS 42 | METHODOlOGY MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- 16 | CHAPTER THREE The Challenge 44 EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL of Unselected Excessed Teachers | APPENDIX BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS New York City’s Shift to Mutual Consent in Teacher Hiring MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- EFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MU- TUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BENEFITS MUTUAL BEN- Mutual Benefits Mutual Benefits is the fourth in an ongoing series of policy briefs published by The New Teacher Project on urban school staffing policies. Previous studies have examined teacher hiring patterns in the school districts of Chicago, Il; Portland, OR; and Milwaukee, wI. for more information, visit http://www.tntp.org/publications/other_publications.html. © 2008 The New Teacher Project. All rights reserved. Acknowledgments The authors would like to thank the thousands of New York City transfer and excessed teachers whose survey responses helped shape this analysis. In addition, we are grateful to Emma Cartwright, Caryn fliegler, Crystal Harmon, Andrew Sokatch and other TNTP staff for their invaluable contributions to this brief. 02 E X E C U T I V E S U M M A R Y In 2005, the New York City Department of Education (NYCDOE) and its teachers union, the United Federation of Teachers (UFT), agreed to a groundbreaking contract that reformed outdated school staffing provisions. Specifically, the new contract changed the staffing process for teachers and schools in three major ways. First, it protected the right of schools to choose which teachers they hired, regardless of seniority. Second, it ended the “bumping” of novice teachers out of their positions by senior teachers who claimed these positions based on seniority and without input from principals or school staffs. Finally, it established a more open hiring process for “excessed” teachers (those displaced from their positions because of falling school enrollments, budget declines, programmatic changes, or school closures). In short, the 2005 contract saw New York City transition from a system in which teachers and principals often had no input over teacher assignments to a system of “mutual consent,” in which both teachers and principals had to agree on all teacher placements. This policy shift brought to a halt the pervasive forcing of teachers on schools and of schools on teachers, trends that had tarnished the city’s staffing system. Viewed through the lens of effective school staffing practices, it was a significant step forward. 03 Y the mutual benefits R of mutual consent A M As this paper will illustrate, the mutual consent system has resulted in mutual M benefits for teachers and schools by offering better choices, increased flexibility U and greater transparency throughout the staffing process. The positive impact S of this policy shift on New York City teachers is especially noteworthy. E This study finds that the mutual consent system has: V I T Earned strong support from New York City teachers: Mutual consent U policies prioritize school fit and teacher and principal choice in the staffing C process. In a 2007 survey, 87 percent of transfer teachers and 82 percent of E excessed teachers agreed that it was important whether the principal of the X school where they sought a new position wanted them to work there. E Successfully facilitated thousands of transfers: During the 2006 and 2007 Under the staffing seasons, the system enabled more than 7,500 transfer and excessed teachers to secure jobs at new schools. new contract, Resulted in positions that teachers find satisfying: Nine out of 10 transfer excessed teachers and eight out of 10 excessed teachers described their new mutual consent positions as satisfying. teachers are Resulted in positions that teachers plan to keep: Just 9 percent of teachers who successfully transferred in 2007 reported that they were considering no longer another transfer attempt this year. Provided fair and equal access to vacancies: Contrary to some predictions, centrally the new staffing policies showed no evidence of disadvantaging more senior teachers, teachers from closing schools, or excessed teachers, all of whom assigned to were selected for new positions at rates similar to those for other teachers. In fact, senior teachers have been increasingly enthusiastic and successful positions. participants in the new transfer system. Not disadvantaged high-poverty schools: In addition to giving schools Instead, they greater choice in teacher hiring, the system has not spurred an exodus of teachers from high-poverty schools. interview with A number of underlying factors appear to contribute to the success of the principals mutual consent system. First, it is far simpler and more transparent than the multi-faceted system it replaced, in which different schools used a number and must be of technological systems to track hiring, and vacancies were not centrally accessible to all teachers in real time. Second, the new system respects a strong selected for preference by educators to have consent from both sides in hiring decisions, as opposed to a process-driven system in which consent plays little if any role. jobs like all Third, the district supports the new hiring process with new technological other teachers. infrastructure built to facilitate interactions between teachers and schools. 04 For the more than 4,100 teachers excessed in 2006 school fit for teachers. However, in honoring the will E X and 2007, the ramifications of the mutual consent- of teachers and principals in all staffing decisions, the E based staffing system have been especially dramatic. mutual consent system has also created a new if not C For decades, in keeping with the provisions of the old unexpected problem: not all teachers can find principals U contract, excessed teachers were routinely assigned willing to hire them or schools that meet their needs. T I by central Human Resources staff to available school This represents an especially pressing challenge with V vacancies regardless of principal and teacher consent. respect to excessed teachers. Unlike transfer teachers, E Principals complained about being forced to hire teachers excessed teachers cannot simply continue teaching at S U who were not the right fit for their schools or, worse, their old schools if they are unable to find a new position, M poor performers who were passed from school to school. yet in accordance with current contract provisions, they M Teachers complained about having minimal input over are entitled to continue earning their full salary and A their placements. Under the new contract, excessed benefits while in the excess pool. Today, a small but R teachers are no longer centrally assigned to positions. growing number of excessed teachers has been unable Y Instead, they interview with principals and must be to find new full-time positions despite spending months selected for jobs like all other teachers. or years in the search pool. The mutual consent system does not permit these teachers to be slotted into school This change in policy has been transformative for vacancies as they have been in the past—nor do we excessed teachers and schools, replacing a closed and believe it should—but the costs of maintaining them in a rigid system that denied the importance of effective teacher reserve pool are becoming extreme. matches with an open one that prioritizes choice and 05 Y long shadows: R the problem of unselected A excessed teachers M M Although the vast majority of teachers excessed in 2006 and 2007 were hired by principals U for mutually consensual positions at new schools, a relatively small subset of excessed teachers S appears unable or unwilling to find new positions. This paper documents the characteristics and E V job search patterns of 235 teachers excessed in 2006—approximately 9 percent of all teachers I excessed that year—who despite widespread job opportunities and significant district job search T U support still had not secured new positions as of December 2007 (a year and a half later). C Our analysis of 18 months of data on these teachers’ progress in the hiring process yields a E detailed picture of this group and illuminates the challenge they pose for New York City. The X findings are further reinforced by initial data on hiring patterns of 430 additional unselected E excessed teachers from the 2007 hiring season, during their first six months looking for jobs. The data indicate several trends in the characteristics and job-search patterns of the 235 unselected excessed teachers from 2006. As this paper will show, these teachers: Remained unselected despite thousands of available vacancies: More than 14,000 teaching positions in New York City were filled during the period when these teachers did not find jobs. Remained unselected though large numbers of their excessed colleagues found positions: Over 1,000 teachers excessed in 2006 found mutual consent positions, across all license areas and seniority levels (approximately 1,000 more were reabsorbed by their former schools). Those who remain unselected represent a small subset of the overall pool of excessed teachers. were generally less active in their job searches than other excessed teachers: Nearly half did not apply to even one vacancy through the city’s online job posting system. Even more declined to participate in district-sponsored job fairs or other job search supports such as workshops on interviewing and resume creation. were more likely to have a documented history of poor performance: By September 2007, unselected excessed teachers from 2006 were six times as likely to have received a prior “Unsatisfactory” rating as other New York City teachers. were not inherently disadvantaged by the mutual consent system: Data suggest that a teacher’s placement prospects were not negatively influenced in any significant way by characteristics such as seniority or having come from a school that was closed by the Department of Education. Variations in job-search outcomes appear to have been driven primarily by teachers’ performance history and degree of engagement in the job search process. By design, the mutual consent system dictates that the NYCDOE will not force these teachers into open positions. Yet under the present collective bargaining agreement, excessed teachers receive full salary and benefits while serving as substitute teachers in a reserve pool (at a cost far higher than regular substitutes), and can continue to do so indefinitely, even without conducting a job search. According to survey data, some of them plan to do just that. 06 Of particular concern is the fact that excessed teachers are earning tenure despite not being E X able to find full-time positions. Although the NYCDOE has announced that it intends to enhance E the consistency and thoroughness of the process of awarding tenure, it is difficult to conduct an C effective evaluation of teachers who are acting as substitutes, sometimes on an itinerant basis. U As of September 2007, 30 probationary teachers had already received tenure or completed T I their probationary period while serving in the reserve pool; another 51 teachers excessed in 2007 V may earn tenure in 2008 while remaining unselected. Tenure affords these teachers additional E due process rights and benefits that must be funded by the public for what could be decades of S U teacher service, even if they never find a full-time position—indeed, even if they never apply for M another position. M The long-term costs of maintaining hundreds of unselected teachers in the reserve pool are A staggering; already, the costs have been considerable. By the end of the 2007 school year, the R Y NYCDOE had paid an estimated $81 million in salary and benefits to the teachers excessed in 2006 and 2007 who had not found new jobs as of December 2007.1 By the end of the 2007 school year, New York City had paid an estimated $81 million in salary and benefits to excessed teachers who had not found new full-time positions. As this cost grows each year, pressure will increase for a return to the pre-2005 system under which all excessed teachers could be slotted into school vacancies arbitrarily by Human Resources. However, the educational cost of such a system on schools, teachers and students makes such a solution untenable. Most unselected teachers would be placed in high-poverty schools with high turnover rates, perpetuating inequalities that have been tolerated for too long. Without the ability to control who works in their schools, principals would argue that they cannot be held accountable for school performance. Moreover, a return to forced placement would inevitably undermine the fair, open and effective staffing process now in place. Indeed, neither solution currently available— forcing into schools those excessed teachers who cannot find consensual placements, or funding those teachers indefinitely—is a reasonable or sustainable educational policy. In short, the current policy governing excessed teachers is hard-wired for failure. The source of the problem is not the excessed teachers themselves, most of whom have diligently played by the rules. The problem is the rules themselves, which provide no incentives for teachers to search for positions aggressively and no feasible, sustainable remedy for teachers who remain without jobs for months, years, or longer. In the absence of action by the district and teachers union to amend the rules, New York City will be faced with an educational and financial crisis that will only grow with time. 07 Y forging a new solution R A The evidence suggests that New York City’s mutual consent A sound policy on the placement of excessed teachers M staffing system has been highly successful, offering mutual must provide substantial job search support, extended M benefits to teachers—to whom it provides a more open reserve pool time for tenured teachers and well-designed U process that yields satisfying new jobs—and to schools— incentives for teachers to search for jobs aggressively. S to which it gives greater control over teacher quality, the Yet it also must relieve the district and city of an open- E one variable most closely connected to student achievement. ended, unfunded commitment to keeping excessed V Its continued success hinges on the ability of the New York teachers who do not secure new positions on payroll. I T City Department of Education and the United Federation U We recommend that unselected teachers be placed on of Teachers to establish a more effective set of policies that C unpaid leave after a reasonable period of time in the address the current pool of unselected teachers and those E reserve pool, with the ability to return to the district— X who will follow in future years. E at the same level of seniority and at the same salary In light of the mutual consent system’s success to date, step—if they are able to find a consensual placement a return to forcing or slotting would be a step backwards. within a certain number of years. Such a policy promises The New Teacher Project believes that a new solution to provide fair opportunities and incentives for teachers is necessary for unselected teachers, one that recognizes without exacting an unfairly high price from New York the value, commitment and service of New York City’s City’s students and schools. teachers while preserving the integrity of the mutual consent system and acknowledging the real limitations under which the district must operate. A new solution is necessary for unselected teachers, one that recognizes the value, commitment and service of New York City’s teachers while preserving the integrity of the mutual consent system.