Nov 3, 2009

Disparate Impact on DC's RIF'd Teachers

Definition of Disparate Impact 

A type of discrimination recognized by the courts is “an allegation of disparate impact. An allegation of disparate impact most often focuses on a systematic procedure that appears to treat everyone alike, but has an excessively negative impact on a particular group"  Either an individual or a group may make this claim,. “If made on behalf of a group, it is called a class action complaint. The person or agent filing a complaint on behalf of a class must also be a personally aggrieved member of the class” (“Illegal”, 1999).

Crystal Proctor, Social Studies teacher from Jefferson Middle School is featured in this video and discusses how she was laid off on October 2 due to a Principal's assessment that she did not have a grasp of the new teaching and learning framework which was just introduced on September 18. Proctor worked at Jefferson middle school located at 801 7th St SW (phone number 202-729-3270) where Stephanie Patton is the principal.

Many believe these recent layoffs of 266 teachers and 122 school staff were intentionally created by the Rhee administration through over hiring of 934 new teachers this school year.  It has been reported that of the 934 new teacher hires the average age was 32 years old while laid off teachers had an average age of 48 years old. Even though seniority has to be considered in a reduction in force, its weighting on the competitive level documentation form (CLDF) was reduced to a mere 5 % instead of 25 %. Some say this diminished the value of seniority and constitutes an unfair labor practice and should be challenged legally. Other factors on the CLDF were subjective and were given  greater weight by the Rhee administration. Proctor illustrates this point in the video. 

It seems that many of the laid off teachers and school staff definitely may make the argument of age discrimination as there seems to be a disparate impact on employees 40 and older. I encourage all teachers and school staff to file an Equal Employment Opportunity complaint (EEOC) as well as an appeal through the Office of Employee Appeals (OEA).

* This entry is not intended to serve as legal advice. All impacted employees are advised to consult with an attorney.

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence, Video courtesy of Medill News service and story by Jane Park


Anonymous said...

This lady deserves her job back. To have the former Teacher of the Year Jason Kamras is hilarious!! Would he have been effective with IMPACT? The more I watch this situation the more it remains the same. When Rhee succumbs to the poisonous level of toxicity she has created, she will crash and burn beyond belief. SHE NEEDS TO GO!

Anonymous said...

Great Video....those 3's and 4's don't justify to me that Proctor didn't grasp the concept the teaching and learning framework...

Clearly, she was let go because she didn't fit the model.......young in years.

This is a disgrace! I wish she had shown the results of her CLD Form..that is if she had a copy of it. Seems that few do!

reneeinc said...

I have my CLD she showed a little clip of it. It was in that document that she said I didn't have a grasp of the Teaching and Learning Framework, but my Master Educator felt differently. She was very impressed with my lesson.

Anonymous said...

I got my CLD form. It's amazing how worthless I was at that school. I probably have the lowest score that was ever given.

October 2, 2009 was the beginning of my new life.

Why go back to a toxic environment?

Anonymous said...

Evaluations can be written and rewritten but what about the evaluators?

There are many principals who have minimum, if any classroom teaching experience, and just go through a check list to sort out the good from the bad. My son had an extremely ineffective teacher last year. I went to observe the class and saw how she handed xeroxed work after work, had kids work in groups, where basically one person per group did the work and the others copied. This was supposed to be cooperative work and apparently less than 5 minutes of direct teaching and over an hour of written work was Writer's Workshop.

The principal did not hear me, defended the teacher saying her data showed she was doing everything she was supposed to do prepating for the exam (yet another data). I am sure the principal believed in what she was saying.

So it's all about a framework with a checklist, not content or how a lesson is presented. Does being knowledgeable about a subject matter any more?

Anonymous said...

Hey AFT, forget sending me those useless newspapers and throw the full weight of millions of teachers' dues into this battle. Appeasement won't work. Oh, I forgot Randi's in charge. Appeasement full steam ahead!

Disgusted in NYC but wishing for the best for my brethren in DC

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Anonymous said...

Anonymous at 12:07 is so on point. As one of the principals Rhee got rid of in 2008 I can attest to the fact that she wanted inexperienced people around her whom she could control. She wanted people who would play her game. New Leaders For New Schools
has played a big role in destroying educational administration in DCPS at Rhee's orchestration.

I'm not saying all of her current principals are people who are inexperienced but there are a lot of people who are doing things by any means necessary to save their jobs. That is how poisonous the environment has become.

Anonymous said...

It is an insult as to how MR went about removing older teachers, staff, assistant principal and principals from DCPS. The lies told on those CLD forms are most insulting, embarrassing and a right out lie (in most cases).

She could have achieved her goal without the drama by simply negotiating with us or by offering a by out with a cash award (which also would have cost DCPS less money).

Anonymous said...

First of all, I am glad that I am not a teacher like you all. Because, I would have gone crazy about the whole MR mess. Pls. stay tough and continue to fight for your rights.
This woman-MR is a mentally retarded woman that's why I am not surprise about what she is doing to our educators. Yes, she want you to do what she say do or else you are a target for termination by her principals-the New School New leaders doing anything to save their jobs. The bottom line is that, they are destroying the DCPS for their own personal gains. The MR Teach for America teachers wants to get their education loans paid by teaching in urban schools, therefore, all of a sudden veterans teachers can't teach. Give me a break MR stupid fool!!!

Anonymous said...

That is why a lot of my fustration is with the union as well. I saw was what going on two years ago and I do not know was going on behind closed doors but publicly I didn't see where the union was proactive in preventing ANY of this from happening. To be honest, I am not that optimistic that anything is going to happen at this point she is going to get away with these RIF's and then she will fire more people until there is no one left to oppose her. I really hope that the people that are still in their classrooms don't feel safe. Watch out for more RIF's and that Impact.