After he blew up the teacher evaluation agreement that had been reached between the UFT and his own NYC DOE negotiating team, Mayor Bloomberg appeared at a hastily called press conference yesterday  to spin an entirely fictional account of what had transpired. The UFT had made agreement impossible, he claimed, because of our unreasonable demands for more arbitration dates that would make it impossible to “fire bad teachers,” our “last minute” insistence upon a sunset clause that would have made the entire system a “joke,” and a “middle of the night” effort to change the scoring metrics for teacher evaluation so “no teacher” would be rated ineffective. Each of these claims is a lie, pure and simple. Here I will address the last two of Bloomberg claims, as I was personally involved in the negotiations around them.*
To finalize an agreement over teacher evaluations in New York, two different documents must be developed: a memorandum of understanding (MOU) which lays out in legal language the agreement between district and the union over the new evaluation system, and an application from the local school district to the New York State Education Department which provides scores of assurances that the specific evaluation plans laid out in the MOU conform to state law. Both the head of the school district and the head of the union must sign the local school district’s application. During the last week, as the UFT and the DOE met long into the night in an effort to reach agreement on the terms of the MOU, we asked, again and again, more insistently at each turn, to see the DOE’s draft of their application. It was not until late into Wednesday evening, barely 24 hours before the deadline, that the DOE finally gave us their draft of the application. When we read the draft, it quickly became apparent why they had resisted sharing it with us. Included in the draft were numerous scoring tables and conversion charts which the UFT was now seeing for the very first time. These tables and charts were very important: embedded in them were fundamental decisions about the shape of the evaluation system. By waiting until the very last minute to provide the union with these numbers, the DOE was trying to sandbag us: it was now impossible to properly vet those numbers before the deadline.
The UFT would have been completely justified in ending the negotiations, then and there. But we did not. Our Measures of Student Learning team met with our DOE counterparts and I met one-on-one with Deputy Chancellor Shael Suransky in efforts on our part to put together an agreement over the scoring numbers and ratings that would ensure that teachers would receive fair and accurate scores and ratings. Bloomberg’s description of these discussions could not be further from the truth: far from a last minute effort on the part of the UFT to change agreed upon scoring metrics, the union was doing everything it could to rescue the negotiations from a bad faith maneuver on the part of the DOE that could have easily derailed any agreement. We agreed to a three part solution: a joint UFT-DOE committee would have to approve the growth formulas which would be used for all of the measures of student learning; any scoring metric which unfairly skewed ratings would have to be recalibrated; and a special expedited appeals process would be established for final ratings which were not concordant with the different component ratings. On Thursday morning, I confirmed this three part agreement in a telephone conversation with Suransky. Over many years of working with the Bloomberg DOE, through the chancellorships of Joel Klein, Cathy Black and Dennis Walcott, I have seen a great deal of cynicism on the part of the mayor and the top DOE leadership, but Bloomberg’s lie that the UFT engaged in an 11th hour effort to undo agreed upon scoring metrics in an effort to protect “bad teachers” is surely a new low in misrepresentation.
The Mayor’s claim that the UFT introduced a “last minute” demand for a sunset clause on the agreement is refuted by the very draft application shared with us. On the very last line of this section  of the draft application, the DOE itself had written that the agreement would only last through the 2013-2014 school year. The preponderance of applications from school districts around New York approved had similar sunset clauses: given the sheer complexity of the new teacher evaluation systems required by New York State law, they reasoned that it was only prudent to revisit their implementation in a year or two. All of these applications have been approved by the New York State Education Department. It was the Mayor who, after an agreement had been reached with a sunset clause, insisted on undoing that clause and blowing up the entire agreement. The Council of Supervisors and Administrators, negotiating for a new principal evaluation, also had their agreement blown up  by Bloomberg on the very same issue.
After two years of continuous efforts on the part of the UFT to negotiate a teacher evaluation system which would provide New York City public school teachers with the means to hone our skills and craft, and provide our students with the highest quality education, it is now painfully clear that Mayor Bloomberg has no intention of negotiating such an agreement.
* When the negotiations on teacher evaluation began two years ago, I was a UFT Vice President, and I served as co-chair of the union’s Teacher Evaluation Negotiations Committee. Last September I resigned my position as UFT Vice President to become the Executive Director of the Albert Shanker Institute at the American Federation of Teachers, the UFT’s national union, but I made a commitment to the UFT to see these negotiations to completion and remained involved in them.