White Plains CitizeNetReporter

WPCNR SCHOOL DAYS. By John F. Bailey. December 12, 2013:

The White Plains Teachers Association represented by Kerry Broderick,(above) presented the Board of Education with a resolution  they want the Board to adapt and send on to the state and federal government, calling for reduction of reliance on standardized tests as measures of education, teacher, and school effectiveness.

The White Plains Teachers resolution did not ask the Board to take the militant stance teachers unions and educators did Monday calling for a slowdown of the Common Core implementation, suspension of high stakes testing for three years, and call for adequate fair public funding of school districts and schools across the state.

Broderick addressing the Board in the public comment segment of the White Plains meeting remarked on the White Plains Teachers supporting the national rallies against the Common Core curriculum rollout and emphasis on standardized testing that took place Monday.

The American Federation of Teachers and New York State United Teachers held  protests in Nyack and Yonkers Monday, sharply criticizing the Common Core according to Gannet Reporters Gary Stern and Mareesa Nicosia. Those reporters  wrote the NYSUT have prepared bills to stop high stakes testing and for the state to move more slowly on the Common Core Curriculum phase-in.

The White Plains Teachers Association resolution is more moderate.

It does not call for a suspension of testing, but instead a reduction in the weight the tests  have in evaluating the progress of students’ and teachers’ effectiveness.

Broderick said White Plains Teachers wore blue “National Day of Action” Action shirts Monday to support the effort by educators for “fair funding of public education, a 3 year moratorium on assessment tests, and  a return to established best education practices.”

The actual resolution presented the Board does not go that far, while actually acknowledging the Common Core has some merit,  it reads:

CALLING UPON THE NEW YORK STATE COMMISSIONER OF EDUCATION AND THE NYS BOARD OF REGENTS TO STOP THE OVERRELIANCE ON STANDARDIZED TESTS AS A MEASURE OF STUDENT PERFORMANCE AND PRINCIPAL/TEACHER EFFECTIVENESS.

WHEREAS, every student deserves a quality public education dedicated to preparing engaged citizens, creative and critical thinkers, and lifelong learners ready for college and careers; and

WHEREAS, while the implementation of the Common Core will ultimately help students, teachers and teaching and learning, the growing reliance on and misalighment of standardized testing is eroding student learning time, and narrowing the curriculum and jeopardizing the rich, meaningful education our students need and deserve; and

WHEREAS, despite the fact that research recommends the use of multiple measures to gauge student performance and teacher effectiveness, the state’s growing reliance on standardized testing is adversely affecting students across all spectrums, the morale of our educators and further draining already scarce resources; and

WHEREAS, the federal, elementary and secondary education act’s testing policies fail to appropriately accommodate the unique needs of students with disabilities and English language learners in assessing their learning, resulting in test scores that do not accurately represent a true measure of the contributions of teachers and schools; and

WHEREAS, it is time for policymakers to recalibrate the number, duration and appropriate use of standardized tests so that we can refocus our efforts on student learning; now therefore, be it

RESOLVED, that we call upon the Commissioner of Education, the NYS Board of Regents and other policymakers to reduce the use of and over-reliance on standardized testing; and be it further

RESOLVED, that we call on the U.S. Congress and Administration to reduce federal testing mandates and support the role of and focus on multiple measures of student learning and school quality in accountability systems.

The Clerk to the Board of Education, Michele Schoenfeld said the Board did not act on the Resolution because they had not been aware it was going to be presented. She said the resolution might be put on the agenda next month, but that the Board of Education had not to her knowledge discussed it since its presentation.

WPCNR COUNTY CLARION LEDGER. From the Westchester County Board of Legislators. December 10, 2013:

The Westchester County Board of Legislators (BOL) approved a 2014 County Budget tonight that includes funding to re-open the low-income Title XX child care program and for support of other social “safety net” programs that protect seniors, at-risk youths and homeowners facing foreclosure.

“This budget represents a commitment to the values and forward-thinking that makes Westchester a special place to live, work and raise a family,” said BOL Chairman Ken Jenkins (D-Yonkers). “My colleagues on the Board and I understand that it is essential to keep the County taxes down through cost-cutting and smart spending. In fact, our future prosperity depends on it. But we must also remain dedicated to strengthening our communities by helping residents in need. This budget accomplishes all this, and I thank my Board colleagues for their efforts, and thank all those residents and advocates who spoke at the public budget hearings.”

The Title XX child care program has been frozen by County Executive Robert P. Astorino since 2010. For the past three years BOL members have tried to re-open enrollment in the Title XX child care program, but to no avail. In the 2014 Budget, the two caucuses compromised to post an addition of $900,000 that will provide a total of 180 slots for children, who otherwise might be put into programs that are less safe or too expensive.

“We heard from our residents and child care advocates loud and clear that creating more Title XX slots was a priority,” said BOL Majority Leader Pete Harckham. “The approval for this budget plan shows that healthy dialogue and a spirit of compromise can make good things happen. This will help to keep low-income parents working and contributing to Westchester’s economy rather than needing more expensive social services.”

While certain costs increased across the budget, the BOL was able to make a number of social “safety net” additions to the 2014 budget proposed by County Executive Rob Astorino without raising taxes by trimming projected expenses in the departmental budgets.

Among the additions put into the 2014 Budget by the BOL were nearly $1 million in advocacy programs for domestic violence education, literacy enrichment and resource centers for new immigrants.

“People are still struggling in our communities, whether they are seniors on fixed-incomes or working mothers,” said BOL Vice Chair Lyndon Williams (D-Mount Vernon). “Beneath the wealth and prosperity in Westchester, there is homelessness and residents with mental health issues. This budget works toward helping residents, and also gives them a chance to step up the economic ladder.”

This year, hundreds of Westchester residents and business owners attended the open meetings on the 2014 budget that the BOL hosted, and were able to participate in the decision-making process soon after County Executive Astorino introduced the Proposed 2014 Budget on November 15. The three public hearings and numerous department-by-department budget presentations were all streamed ‘live’ and then archived online at the BOL website (www.westchesterlegislators.com).

“The citizen participation in the County budget process receives is remarkable,” said Legislator Judy Myers (D-Larchmont), chair of the BOL Budget & Appropriations Committee. “It shows they’re paying attention to how their tax dollars are spent, and that they care about Westchester and the well-being of their neighbors.”

Although the entire 2014 County Budget spending plan totals $1.74 billion, most of the advocacy and safety net programs added to the budget by the BOL cost an average of $8,000 a year.

“I’m always amazed at how Westchester’s not-for-profit organizations stretch the dollars they get from the County,” said Legislator Alfreda Williams (D-Greenburgh), chair of the BOL Community Services Committee. “Their partnerships with the County allow residents to be served at the community level across the county, making a real difference in countless lives. The small investments we make with them always bring big results.”

“Good governance begins with openness and transparency,” said Legislator Bill Ryan (D-White Plains). “Westchester residents deserve to know which agencies and organizations are getting County funding. It gives them an understanding of how their tax dollars are being spent.”

The BOL considered adding $650,000 toward the reduction of pension amortization in the 2014 Budget, but the measures was not approved. When Moody’s Investor Service downgraded Westchester County’s general bond rating from AAA to Aa1 last month, one reason it gave was the County’s borrowing for its pension obligations.

“The financial picture in Westchester is a good one because of proper safeguarding over the years,” said Legislator Catherine Borgia (D-Ossining), chair of the Government Operations Committee. “Keeping the County’s bond rating at the top saves us money in the long run, so we will continue to take measures to limit borrowing and protect our fund balances.”

“Good budgets require that we act as responsible stewards of infrastructure, resources and investments, and of the fiscal legacy that is being left for future generations” said MaryJane Shimsky (D-Hastings-on-Hudson). “These are things that spur economic development and help attract new businesses and homeowners to the county.”

County Executive Astorino now has ten days to sign or veto the 2014 County Budget.

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER By John F. Bailey. December 9, 20013 UPDATED 5 P.M. E.S.T.:

The French American School of New York  Findings Statement expected to be approved by the Common Council this evening sets up thousands of conditions that the school will have to satisfy before they lift a shovel of dirt to build.

It has just been announced to WPCNR by the Mayor’s Office that it has been decided by the city to televise the meeting  on Government Access, channels 75 and 44, according to the Mayor’s Office.  Previously WPCNR had been told the proceedings would not be televised. Now they will be.

And anything can happen, including no vote. 

Among the conditions among thousands in the document:

1. 75 foot setbacks from all borders of the property to school facilities and parking lots.

2. Closing of Hathaway Lane subject to Council approval

3. Apparent elimination of the ball field

4. Individual special permits for each building.

5. An entrance on North Street, (requiring school district approval)

6. Limitation of traffic flow to 530 vehicles a day. 

7. A mandatory busing plan

7. Most significantly, the Findings Statement envisions cutting school capacity to 950 students, 250 less than the school proposed originally (1,200).  

The Common Council is holding a special meeting this evening at 7 in City Hall to consider a resolution determining the Finding on the French American School of New York proposal to build their 7-building campus on the former Ridgeway Country Club.

The proposal has been in the approval process for three years.

The Findings statement is  expected to be approved by the Common Council following the lines of the 5-2 approval of the Draft Final Environmental Impact Statement, October 16.

In that vote perquisite to tonight’s meeting,( which as of 11:30 A.M. is still scheduled), Mayor Thomas Roach,  Councilmen Benjamin Boykin, John Kirkpatrick, James Martin, and Council President Beth Smayda  voted in favor, while Councilman Dennis Krolian and Milagros Lecuona voted against finding the Draft Environmental Impact State complete and accurate. 

Since that date, the Common Council and city lawyers, consulting firms have been preparing the Findings Statement, which if approved by the Council will allow the project to proceed under the conditions set forth in the Findings Statement.

There are thousands of specific conditions, applications for special permits on a building-by-building basis, for example, plus it does not give the school what it wants: 1,250 student capacity. The hoops the school will have to jump through are painstakingly detailed in the 126-page Findings Statement the school would have to  meet and have approved in site plan process, the next step, in order for FASNY to lift one shovel of dirt. These conditions can be read on the City website in their entirety at

http://cityofwhiteplains.com/dataimages/12-09-2013s_common_council_agenda_backup.pdf

The Findings Statement approved the project subject to meeting the conditions and changes and restrictions in the various matters addressed in the statement, to wit:

In view of the foregoing, the Common Council as Lead Agency finds that the Modified Proposed Project using North Street as the primary access, as further modified by these findings and subject to the conditions contained herein, including but not limited to reduction of the proposed student body to 950 students, which is consistent with the projected needs of FASNY at least through the 2018-19 school year and it is also consistent with the reasonably projected compliance with mandatory busing and other variables addressed herein, will avoid to the maximum extent practicable the significant adverse environmental impacts addressed in  these findings.

WPCNR White Plains Law Journal. By John F. Bailey. December 5, 2013:

The police retirees fight for guaranteed benefits for life they felt had always been guaranteed will continue to trial, police retirees attorney Albert Pirro told WPCNR today.

Albert J. Pirro is the attorney for 98 White Plains police retirees (hired before 1996) who are fighting the City of White Plains over the city decision to require they pay 15% of their health care costs, a measure arbitrarily introduced by the city in 2010.

The retirees sued the city in federal court, and yesterday, Pirro said,   Federal Judge Cathy Seibel denied the city’s motion to dismiss the case, allowing the sensitive case to move to trial.

Pirro said the sensitive case that could affect hundreds of public employees across New York State, could now proceed to discovery and a trial, pending a city appeal of Judge Seibel’s decision. Pirro said he did not know if the city planned to appeal at this time.

Pirro told WPCNR Thursday  morning, the judge denied all three city grounds for dismissal  advanced by the city-employed law firm of Lamb & Barnosky.

“The judge denied the first city grounds for dismissal that Federal law was not involved, because the city had won an arbitration award from the police in 1997. The judge said that did not apply to the pre-1996 hires. Second, the judge denied the city motion  to dismiss the case on grounds that the retirees’ constitution rights were  not violated.  We were able to convince the judge that citizen’s contractual rights were violated which are guaranteed by the U.S. Constitution.”

WPCNR notes: That constitutional clause appears  in Article I, section 10, clause 1. It states:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

“Third, (Pirro said) the city maintained police retirees should not have depended on the full health benefits being maintained forever (even though they had been receiving them for 20 years or more0 . We showed that the resolution of 1967 ( adopted 43 years prior to the demand the retirees pay 15% of health costs), guaranteeing full health cost benefits for life said it.”

Pirro estimated that the city has spent a half million dollars paying lawyers to fight the suit nearly half what the city would have to pay the affected police retirees.

Mr. Pirro said he had not received a copy of the decision yet, which Judge Seibel delivered yesterday at the Charles Brient Federal Court House in White Plains.

Previously, Judge Seibel in December 2011 had overturned the police retiree injunction against the city prohibiting the city from collecting from retirees. The Wednesday decison was her ruling on the city motion to dismiss, the city police retirees’ suit altogether. The action has been in dispute for three and a half years.