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Unpacking the October, 2022 Delegate Assembly

On October 12th, the UFT had its first DA of 2022. James Eterno at ICE-UFT has published detailed minutes, so I’ll focus on a few points of analysis.

Protest Outside: People on the phone missed out on the biggest part of the DA – hundreds of retirees protesting the UFT and MLC’s incessant moves to kick them off premium-free traditional Medicare outside UFT headquarters. One downside of hybrid DAs is that most of the ‘swing votes’ don’t get to see awesome work like this, often organized by Retiree Advocate.

Gov. Hochul: Gov. Hochul didn’t seem to notice the hundreds of people protesting Mulgrew’s mismanagement of our healthcare on her way in. Instead, she gave a glowing review of the UFT president, bordering on an endorsement: ‘Mulgrew has done such a great job advocating for teachers. [I’m] proud to work with Mulgrew and other teachers across the state.’ Many in New Action and other opposition caucuses did not stand to applaud Hochul, remembering how quick she was to renew mayoral control, which Adams promptly used to defund our schools. We also remember how slow she was to sign off on the class size bill. The list goes on. Nevertheless, she did sign off on the latter bill eventually, and it’s a good sign that Hochul doesn’t mind being seen with the teachers union.

One note remainder of DA: The remainder of the DA was dedicated to healthcare misinformation. Countering the hundreds of fixed-income retirees protesting outside, just two, highly paid executives of the UFT, Mulgrew and Geoff Sorkin gave their pitches like used car salesmen. Often dog whistling that their opposition does things for ‘political’ reasons (rather than out of the goodness of their hearts like Mulgrew and Sorkin) we heard one sided arguments on why Medicare Advantage will be awesome, as long as it’s the UFT’s Medicare Advantage. Former Unity (and once-opposition) exec-board candidate Arthur Goldstein published a good article recently on why he is not convinced by all the healthcare propaganda. It’s worth a read, though I disagree with his conclusions on opposition. But attendees last night didn’t hear from him. They also didn’t hear from anyone in the opposition. For our arguments, you can see what the ‘7’, including myself, said on healthcare at executive board last week. Indeed, until we get the chance to give our own ‘minority report’–something we must push for–UFTers might prefer to attend executive board sessions to the DA. You get a far more varied set of perspectives when Mulgrew and Barr have no choice but to call on everyone there.

No time for opposition: Mulgrew called on one opposition member all night – H.S. executive board member, Ilona Nanay (MORE), who asked a good question (and got a bad answer) on changes to the city council administrative code. It was no accident that Mulgrew called on a known opposition member during the question period, but not during the new motions period. During a question period, it’s easy for Mulgrew to regain control of the room. He can spend lots of time answering a short question, and making it clear that his perspective is the right perspective. During a new motion, opposition has far more space to convince the audience. Mulgrew knows that, so we haven’t been called on since last November, 2021 to raise one (and that’s when I was technically still a member of his Unity caucus). It’s also worth noting how obvious it was that Mulgrew knew who he was picking in advance. One of the people he called on, Maggie Joyce, is someone he calls on frequently to raise new motions. She is a familiar Unity face to him, often present at UFT functions. Another of the people he called on was raising a motion he noted before it was even raised (on migrant children). Our healthcare reso didn’t stand a chance.

We didn’t even get to the business of motions on 10/12’s agenda. We lost all that to the most brainwashing filibuster Mulgrew has ever given. I’ll give my same advice again – if you want to see diverse union perspectives, come to executive board meetings where you have any chance of actually seeing them.

IEPs (and finding time to write them)

As New York teachers well know, IEPs are the legal documents that justify and lay out services for students with disabilities. They’re necessary, no doubt about it. But as special education teachers, IEP Teachers, and various related service providers also well know, the paperwork involved in writing and keeping track of IEPs can be so time consuming that educators are left with precious little time to actually implement them. Many of us blame SEISIS or the IEP itself for resulting workload issues. But despite some annoying redundancies in the paperwork system, the real source of our IEP woes lies in (1) the failure of a critical mass of school administrations to respect the time of special education providers; and (2) the failure of our union to clearly negotiate contractual language that would give us a basis for a remedy. In this post, I’ll go over the language we do have to go on, and some possible solutions.

The Direct Language

There is one place in the contract that, in theory, directly gives special education teachers time to write IEPs. That place is here: “IEP/special education teachers shall be programmed for a specific number of periods (minimum of 5 per week) for (i) preparing for and attending the IEP meetings of children initially referred to special education, and (ii) coverage of other special education teachers’ classes so that they may attend the IEP meetings for their students for requested reevaluations and triennial evaluations…” This language is often more than enough to convince principals that special educators deserve one period a day (usually their C6) to work on IEPs. But, some principals will argue that this language was actually only intended for IEP teachers. Of course, while the language does start with IEP teachers, it also includes special education teachers. The popularity of the less generous interpretation (IEP time only for IEP teachers) is compounded by odd language that bases this IEP time only on students who are ‘initially referred to special education.’ But, SPED and IEP teachers in higher grades rarely work on initial referrals either, so those special circumstances again seem like a red herring. My recommendation in future bargaining sessions would be to change the language to more clearly demarcate designated periods of IEP-writing time for any special education provider with an IEP-writing caseload, and add ‘annual reviews’ to that language. That way issues can be cleared up in consultation and not have to be interpreted by arbitrators down the line.

IEP-writing as a C6

The most common place that IEP-writing time is given, when it is given, is as a Circular 6 (C6). Indeed, IEP-writing is a valid C6 menu item, based on another oddly worded contract section, specifically the wording of menu item 4: “Perform student assessment activities (including portfolios, performance tests, IEPs, ECLAS, etc.).” If special education teachers automatically received ‘IEP writing’ as their C6 assignment, many IEP workload issues would likely be resolved. But, increasingly, principals want to use this time for other things (often, advisory, which UFTers should remember must be SBOd if it’s a C6). Chapter leaders and consultation committees therefore should push to get IEP time designated for special education teachers as a C6, unless some other period is already carved out of the workday for IEP writing. Alternatively, chapters can push for ‘coplanning time’ as the C6. As long as this time isn’t micromanaged, a coplanning C6 period effectively doubles the prep time of SPED teachers. It allows them to ‘prep’ during their C6 and write IEPs during their normal prep. For technical reasons, I theoretically prefer when the C6 is IEP writing rather than coplanning, mainly because the former designation preserves the precedent that IEP work is done during professional time (rather than the prep). In practice, though, I usually find it better for non-micromanaged coplanning to be the C6. Some chapters split the difference and do an SBO to split the C6 between coplanning and IEP writing, especially if caseloads are decent. That also works. (Just whatever you do, don’t use an SBO to split the C6 to something other than IEP writing or coplanning unless you work in IEP caseload limits).

The Workday and the Workweek

The above strategy, getting SPED teachers 5 periods a week of IEP-writing time via designating the C6 as either IEP time or coplanning time, works most of the time. However, even if principals did always assign SPED teachers with one of those C6 menu items (and they definitely don’t), it wouldn’t be enough. That’s because some SPED teachers don’t have a C6. SPED teachers with comp-time positions and SPED teachers who are chapter leaders therefore need recognition of other contractual language–such as designated IEP time in general or otherwise–in order to get time during the workday to write IEPs.

For me, the best catch-all precedent for ensuring this is simply by acknowledging our contract’s most powerful precedent of all: the workday is the workday. Principals cannot assign homework to teachers. If you are given an IEP caseload, but no time to do it, then the contract is inherently being violated. Some principals don’t understand that. Others do, but still don’t want to budge on C6 time. In those situations, what principals often do is allow IEP-writing special education teachers to take time off from instruction to sit and write IEPs. This practice is extremely common. It’s fair enough in a pinch, but it’s not a good best practice, especially if it’s done all the time. That’s because if a SPED teacher is removed frequently from class to write IEPs, then students are systematically being denied their legally mandated services. That’s a travesty of justice for the students with IEPs – teachers not giving them services because they’re writing the paperwork needed to justify their services. It could lead to a special education complaint and all sorts of bureaucratic oversight by the City or State, and is a major reason why in the end it is better for administrations to find a way to give SPED teachers designated IEP writing time that doesn’t eat into instructional time. Again, this should be done during the C6 or another non-teaching professional period carved out of the workday. It can also be supplemented by per session postings if teachers agree to take that on.

The Road Forward

Principals, and indeed the DOE at large, should want teachers to have time to write their IEPs. For one thing, that’s the only way to ensure that paperwork is done and schools are in compliance. But for another–far more important–reason, IEP time is necessary because, if teachers are pulled from class to write IEPs, they won’t be there to actually help the students with IEPs. Alternatively, if teachers only have their prep periods to write IEPs, they won’t have time to design differentiated instruction or assess the educational progress of students with IEPs. They’ll be spread too thin to do the jobs they were hired to do in the first place. IEP-time, in other words, is one of the many situations where what is good for teachers is also what is good for the kids. It’s a no brainer to give teachers IEP time, and yet present but unclear contractual language makes it difficult for chapters to advocate for it. This next contract, let’s change that by making the language clear. It’s time that teachers have the time they need to ensure that their students actually get the services designated in their IEP.

UFT Members Take Note – It’s Not Looking Good for Healthcare

At the October 3rd, 2022 session of the UFT Executive Board, buried mostly at the end of an unusually long session with 5+ pages of unofficial minutes, we finally got a decent healthcare debate. Healthcare is now one of the major disagreements between the controlling caucus of our union (Unity) and the progressive opposition (the caucuses, including New Action, that banded together to form United for Change in the last election). The problem, which UFT President Michael Mulgrew to his credit correctly identifies is this: healthcare costs have risen so astronomically over the last several years, that if we can’t find a way to cover the rising prices, we are going to start seeing healthcare eat up our raises. Unity Caucus has therefore championed strategies to cut healthcare costs by hundreds of million dollars. Their argument is that this will free up money for other purposes (like raises) and will also either not affect our healthcare or–somehow–actually improve it.

Opposition caucuses, such as Retiree Advocate, MORE, ICE, Solidarity, and New Action, have pointed out that for a number of reasons, these cost saving mechanisms do so at massive expense to our membership, both in-service and retired. Many of these arguments are summarized well in the Resolution that I motivated at the Executive Board Meeting last night. This resolution, written principally by members of Retiree Advocate, especially Gloria Brandman, with some revisions/edits by myself and Ronnie Almonte (MORE), and endorsed by the entire High School Executive Board, along with the independent Mike Schirtzer, is worth reading in its entirety:

RESOLUTION IN OPPOSITION TO THE PRIVATIZATION OF MEDICARE

WHEREAS the UFT and our national organization, the American Federation of Teachers, has previously declared that “access to high-quality healthcare is a basic human right” and healthcare should be treated as a “public good”; and

WHEREAS, the United Federation of Teachers in 2015 supported the New York Health Act to establish single-payer universal health coverage in New York and passed a resolution in 2017 stating that the most sensible and cost-effective solution for health coverage is a single-payer system modeled after the federal Medicare system; and

WHEREAS Medicare has been a highly successful program of government-funded health insurance for seniors since 1965, spending under 2% on administration so that 98% of money in traditional Medicare goes directly to people’s health care; and

WHEREAS UFT retirees rely on Medicare for health care in their retirement, and active members need to be able to rely on Medicare when they retire, so the continuing viability of Medicare is of vital concern to all members; and

WHEREAS since the start of Medicare, there have been continuing efforts to privatize Medicare, including 2003 with the introduction of Medicare Advantage plans, which profit by limiting member access to providers, tests, and procedures and has consistently cost the federal government more than traditional Medicare; and

WHEREAS the NYC Municipal Labor Coalition’s 2021 attempt to replace traditional Medicare with a privatized “Medicare Advantage Plus” plan met significant opposition among UFT retirees, and was rejected by the Court in 2022, and

WHEREAS employers (including public employers) are increasingly enrolling retirees in for-profit Medicare Advantage plans; and

WHEREAS in 2019, the Centers for Medicare and Medicaid Services Innovation Center (CMMI) developed a program to turn the administration of Medicare funds over to Direct Contracting Entities–for-profit intermediaries including insurance companies and hedge funds, as well as provider practices; and

WHEREAS after public outcry, CMMI has rebranded Direct Contracting Entities into “ACO (Accountable Care Organizations) REACH” but has not changed the basic structure of the program, with the goal of incorporating such entities into all of traditional Medicare by 2030;

Therefore be it

RESOLVED, that the UFT opposes the continuing movement to force retired union members into any and all privately owned and administered Medicare Advantage plans; and

RESOLVED that the UFT opposes grandfather clauses to preserve traditional Medicare coverage for current retirees but not for future retirees.  

RESOLVED that the UFT will champion only those funding mechanisms to preserve traditional Medicare that would also preserve funding for in-service healthcare and raises for in-service members.

RESOLVED that, just as the UFT opposes attempts to privatize public education, the UFT also opposes any other attempt to privatize Medicare, including through Direct Contracting Entities, ACO Reach, or any similar programs; and

RESOLVED, that the UFT opposes the continuing movement to force retired union members into any and all privately owned and administered Medicare Advantage plans; and

Resolved, that  the UFT opposes amending City Council Code 12-126 as the proposed change would result in a private Medicare Advantage Plan being the only cost free Health Plan available to UFT Retirees; and

RESOLVED that the UFT will, as appropriate, support efforts by organizations working against the privatization of Medicare; and

RESOLVED that the UFT will work to encourage our affiliates, AFT and NYSUT, to oppose all privatization of Medicare and act to reverse these private programs that drain resources away from actual health services. 

That’s the text of the reso, which I motivated, and most of the 7 got a chance to endorse. (New Action’s Ed Calamia, who gave a showstopping speech in the last executive board meeting, was prevented from giving another tonight by an early call-to-question.) However, only the 7 and Mike Schirtzer, to my recollection, voted in favor of the resolution. That means, assuming good attendance, the resolution was defeated by roughly a 90% margin. So let’s take a close look at the debate, which really started during Mulgrew’s President Address (before the resolution was even endorsed).

Mulgrew: Healthcare: we will have our inservice healthcare committee. Joe ? will be chairing it. Down in DC. What is going on in this country for healthcare is an absolute disgrace. We have the opportunity to work with the other unions to do a variety of things to solve the problem. We are fighting like no one else. But in DC, the new legislation has some improvements – we can negotiate drug prices in medicare, for instance. But so many good things were ripped out because of the insurance companies. Money doesn’t go to the people doing the work. So what is healthcare doing to salaries? It’s destroying it. So here in NYC, we’re saying we’re going to take this on. This is a national outrage, it doesn’t matter if you are public or private. At least we’re doing something – everyone else is just eating the cost. At least, we are fighting. But, while we are doing that we have to be clear – our healthcare costs have doubled, even with us pushing the costs down, which is why we’ve remained premium free. Most other countries have universal healthcare, which is why we pay more than everyone else. It’s all very complicated. Prostate exams should take place at a doctor not a hospital, because costs are much lower in medical offices. We looked at a state level and decided that if we did it as a state we would ‘destroy ourselves as a state.’ Something must be done at the national level or we’ll destroy ourselves. Medicare Advantage is only one piece of what has been going on, which is why we need an in-service committee. We go to the doctors more than any other employees of the City. Never give your right to bargain away – like a judge did to us. ‘Medicare Advantage’ is still part of Medicare. We have the right to do this, so why not make our own? We want good quality premium free healthcare.

Nick Bacon: Endorses resolution in opposition to the privatization of Medicare. (Click hyperlink to left for full text). It was said earlier by Mulgrew that UFT supports a national single payer public option. Indeed we as a union have passed resolutions to this effect. It stands to reason that Medicare, the only current public option, which such a system would be modeled after, must be preserved. Therefore, we must resist privatization of Medicare. Medicare Advantage will get cost savings through privatization that limits access to care for our retirees (and future retirees) who dedicated their careers in service to our City and students. It will add to administrative costs and add barriers to care like prior authorizations. Medicare Advantage is much like charter schools, which we as a union also resist. Charter Schools offer to do the same as public schools but ‘better’ and often ‘cheaper’ through privatization. They erode public education by doing this. Medicare Advantage does the same to Medicare. Given our own obvious analogy in education,  our own precarious situation relative to privatization, we must argue for salvaging our public Medicare. And we owe it to the workers who have retired and one day will retire.

Sworkin: Stand in opposition. States things thee says things that are false and is misguided. ‘Sometimes we need to make tough decisions.’

Ilona Nanay: I stand in favor of the resolution. A year ago my mother died of breast cancer and she was on a medicare advantage plan. It was virtually impossible for her to obtain care. I think it is one of the reasons that she passed. It is still extremely frustrating – every time I hear him talk about the program. I would love a breakdown of why the NY Health Act hurts us as members of the union. We support the NY healthcare.

Vincent Gaglione: Medicare Advantage is still Medicare. Part C of Medicare. Also you have to look at what you’re getting. Not all Medicare Advantages are created equal.

Joe: Stands firmly against. My wife works for an insurance company that provides the product. If we were on her plan we’d pay 700 a month, which is reasonable in today’s world. We can negotiate better benefits.

Alex Jallot: Firmly in support of this resolution. Every time we play ball with these insurance companies. If we supported single payer, we could put more time and energy into better pay. The minute we give an inch, they want to take a mile. Healthcare is part of the boss’s ploy to keep us down. We have to have a single payer healthcare system or otherwise this will be the same story every years. We have to say no sometimes and let them know that we aren’t accepting any more inches being taken from us. For the sake of our retirees and workers everywhere we should accept.

Ibeth Mejia: Responds to Vincent. The private companies in Part C are for profit. We need Medicare for all. No free choice – MAP +, if they wanted to keep regular Medicare, they would have to pay over 400 a month.

Unity Caucus is stating the obvious, that healthcare costs are rising, and misrepresenting the level of privatization that already exists in Medicare. They recognize that private greed is causing the increases in healthcare costs, and yet don’t see the irony that their fix to costs caused by private greed relies on further privatization. To that end, they are also under-selling the real risks that come with a Medicare Advantage program, such as those pinpointed by Ilona Nanay and dismissed by Vincent Gaglione. Many of those problems are already apparent, such as prior authorizations. Many others, such as losing access to some providers or types of care, won’t necessarily become apparent until years after we finalize such a plan. Moreover, they miss the point that healthcare is something for which we must draw a line in the sand. If we allow Medicare to be uber-privatized now, we will lose the infrastructure to get a national single payer system like the one the UFT has already endorsed. And moreover, when a public sector union advocates privatization as a fix, we risk making that argument stick for our own public good – education. And that’s dangerous.

In-Service Must also Beware

This post has already gone a bit longer than intended, but I want to close by pointing attention to another key conversation that occurred on healthcare at the Oct. 3rd Executive Board – Mejia and Sorkin’s back and forth on in-service healthcare:

Ibeth Mejia: According to Article 3G1, “ The Board agrees to arrange for, and make available to each day school teacher, a choice of health and hospital insurance coverage from among designated plans and the Board agrees to pay the full cost of such coverage.” Why are we discussing limiting FREE plans when a choice of free plans is in our contract?

Response: We are championing choice.

Ibeth: Don’t we already have two not premium free plans, GHI and HIP?

Sorkin: We are looking to preserve good ‘premium free options.’

Ibeth: Presses.

Sorkin: Notes rises costs. Would love to pass costs on to members. So we need to see what else is out there. We have dictates from decades of negotiations over healthcare.

Make no mistake. We just got notice that in all likelihood either GHI or HIP will no longer be premium free to all in-service UFT members in the near future. And that’s something to which we must pay very close attention.

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