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The New Layoff Formula Project

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Even a good evaluation system assumes good site management. Poor management results is high stress on staff, lost working days, refusal to volunteer for unpaid work, and will definitely affect classroom management if support is not prompt and effective. That's 60% of the pie affected. Not that it would take a full 60% hit, but it can certainly have a powerful effect. School reform reminds me of astrology. It draws relationships that don't exist and ignores relationships that do.

I wrote the following on GothamSchools.org in response to the idea of using teacher attendence as a layoff criteria. . **************** That's actually a legal problem, using attendance that kind of thing. It could run afoul of the Americans with Disabilities Act. It could run afoul of the Family and Medical Leave Act. It could run afoul the New York Human Rights Law (for example). It could run afoul of the Uniformed Service Members Employment and Reemployment Rights Act. There are reasons why someone might be absent that are legally protected. There's illness, disability, family illness, jury duty, military service and probably a few more minor things. ...Attendance would be incredibly difficult to use, and could even open problem with legal protected confidentiality of various issues. So, it is not foolproof, because following an attendance list would lead to a huge number of well-justified lawsuits. Once you take out all those legally protected things, you -- legally I mean -- cannot fire people for taking vacation or sick days. That would invalidate their existence as vacation or sick days, so your BAFO layoff policy can't take those days into account. So, all you are legally left with is people who have fraudulently used sick days to work another job, show up late or other infractions. Do you really think that there are enough of those to enact such a policy? Once such a policy was enacted, would there still be enough? Wouldn't you end up laying off the teaches who happened to get a flat tired on the way to work this year, or got stuck behind a train that had a medical emergency. Is that really what you want to fire teachers for?

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