CAT Tracks for April 7, 2003 "COMPASSION" - CAT STYLE

During the Public Hearing on March 31st, Superintendent Isom - in announcing the firing of 58 employees - referred to the "compassionate Board of Education". He went on to say that the Board would call back as many as possible...with the aside that some would NOT be back...

During a 10 a.m. meeting earlier that same morning with union heads, Superintendent Isom said that paraprofessionals - i.e. teachers' assistants (aides) had a "special problem". He said that under No Child Left Behind (ESEA Reauthorization Act), any paraprofessional laid off would become a "new hire" - IF recalled - and had to immediately meet the new qualification guidelines of NCLB...even though the ACT had given "existing employees" until January 8, 2006 to meet said qualifications. (The Superintendent - upon further questioning - did admit that this "rule" applied only to "instructional aides", so that some "bumping" could occur.) If this were indeed the case, it would allow the District to avoid seniority language and rehire teachers' assistants based on "personalities" rather than "professionalism". We've had enough experience with THAT in the past!

Well...as you know, we had an election last year to determine whether CAT should merge with the Teachers' Assistants' Union. The Teachers' Assistants voted to remain with Local 773 - which is their right. Now...CAT could hold a grudge...Cat could lick its wounds, flip its tail in the air, and walk away. But...that's not the CAT's way.

CAT prefers to follow the motto of "The Three Musketeers"..."All for one and one for all!" Hey...we ARE all in this together!

So...when our IEA UniServ Director came down to witness the Monday night "pre-massacre", I mentioned the teachers' assistants' situation. Without hesitation, he agreed with our assessment that this was "not fair" and added that he did NOT believe that this was the case under the NCLB Act.

When our UniServ Director returned on Thursday to witness the actual massacre, he brought good news. Since it seems that Boards of Education follow the same "play book", he tipped off the IEA to what was afoot in Cairo...BEWARE! The response from the IEA was quick and on point: Teachers' assistants who are routinely RIFed and rehired (Sound familiar?) do NOT become "new hires"...subject to the new regulations.

According to the United States Department of Education's "Title I Paraprofessionals: Draft Non-Regulatory Guidance" dated November 15, 2002...

QUESTION: Do the Title I paraprofessional requirements for new paraprofessionals apply to paraprofessionals who are laid off and then recalled? In other words, are these individuals "new" or "existing" paraprofessionals?

ANSWER: Paraprofessionals who are regularly "pink-slipped" at the end of one school year and then rehired at the beginning of the next school year, with the result that they have continuous years of employment, are considered "existing paraprofessionals," as their initial hiring date is on or before January 8, 2002.

As a professional courtesy, the CAT has supplied a copy of the aforementioned document to the Teachers' Assistants' Union.

A FOLLOW-UP QUESTION: Was this misinformation/disinformation intentional or just an honest mistake?

ANSWER: I don't have a clue! BUT...It does re-emphasize that one should take pronouncements from "on high" at face value. To borrow a phrase..."Trust, but verify."