Arbitrator: DOE Violated Speech Teacher Rights

Arbitrator: DOE Violated Speech Teacher Rights

By HOWARD MEGDAL

An arbitrator with the state Public Employment Relations Board has ruled that nearly all Speech Teachers in the city schools may not be assigned to normal teaching duties during the extra 37.5-minute period of the school day agreed to in last year's contract with the United Federation of Teachers.

No New Info

The decision covers approximately 1,000 Speech Teachers not within District 75, the city's Special Education district. Those educators may review already-covered material, but cannot be instructed to introduce new information, according to arbitrator Rosemary A. Townley. Doing so violated the Department of Education's contract agreement with the UFT, she ruled.

In addition to ordering DOE to cease this action, Ms. Townley further found that any Speech Teacher who taught new material between February 2006, when the new 37.5-minute periods went into effect, and the end of the 2005-06 school year should be paid on a pro-rated basis for that time.

The 37.5-minute, four-days-a-week periods were stipulated to be for "tutoring, test preparation and small group instruction," according to Ms. Townley.

"This decision reinforces that the 37.5 minutes is not a regular teaching period," UFT President Randi Weingarten, who testified in the arbitration proceedings, said following the decision. "As arbitrator decisions are decisive interpreters of the contract, it should put the issue to rest once and for all."

DOE spokeswoman Margie Feinberg said, "It's a shame that, as a result of this union grievance, we won't be able to provide mandated speech services during the extended time sessions to students who need those services."

The union said it is pursuing similar action for Speech Teachers, Occupational Therapists and Physical Therapists in District 75.