Paul Craig Roberts: Disinformation On Every Front

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Some readers have come to the erroneous conclusion that the Matrix consists of Republican Party disinformation as if there is no disinformation from the left. Others think that propaganda is the business of Obama and the Democrats. In fact, propaganda from the right, the left and the middle are all part of the disinformation fed to americans.

If I may give some examples: The other day Chuck Colson, one of the Nixon officials imprisoned for Watergate crimes, died. This gave NPR the opportunity to relive the Nixon horror.

What precisely was the Nixon horror? Essentially, there was no such thing. Watergate was about President Nixon lying about when he learned about the Watergate burglary.
When Nixon learned about the burglary, he did not act on it prior to his reelection, because he reasoned, rightly, that the Washington Post would blame him for the burglary, although he had nothing to do with it, in the hopes of preventing his reelection.

By going along with a cover-up, Nixon enabled the Washington Post to make an issue of the precise date on which Nixon learned of the burglary. White House tapes indicated that Nixon had learned of the burglary before he said he learned of it. So Nixon had permitted a cover-up and had to go, but what was the real reason?

What was the Watergate burglary? We don’t really know. A group of men including former CIA operatives were hired by the Committee to Re-elect the President to break into a Democratic campaign office in the Watergate complex. We don’t know the purpose of the burglary. Some claim it was to wire-tap the telephones in the belief that the Democratic Party was getting re-election money from communists in Cuba or elsewhere. Others claim that the burglars were looking for a list of call girls, that compromised a White House official, as his fiancee was allegedly one of the call girls.

Looking back from our time during which Bush and Obama have deep-sixed the US Constitution, violated numerous US and international laws, and behaved as if they were caesars unconstrained by any law or any morality, Nixon’s “crimes” appear so trivial as to be unremarkable. Yet, Nixon was driven from office and is regarded as a criminal.

What was Watergate really about?

I doubt we will ever know. But I can offer one possible explanation. Nixon, like John F. Kennedy before him, alarmed the military/security complex with his plans to withdraw US troops from Vietnam (Vietnamization) and his determination to open communication with communist China and improve relations.

As President Eisenhower warned in his last address to the American people, conflict brings power and profit to interest groups that benefit from conflict. Nixon, like Kennedy before him, was perceived as a threat by these powerful interests, because he was working to reduce conflict.

James W. Douglass in his documented book, JFK and the Unspeakable, attributes the assassination of President John F. Kennedy to the CIA, Joint Chiefs of Staff, and Secret Service. Douglas reports that these powerful government institutions were concerned by Kennedy’s refusal to approve Operation Northwoods, to back the CIA’s invasion of Cuba, and to confront the Soviets militarily over the Cuban missile crisis and by Kennedy’s plans to end US military intervention in Vietnam. JFK also told his brother Robert that after his re-election he was going to break the CIA into a thousand pieces.

The right-wing view that Kennedy was too soft to stand up to communism was intensified when it was learned that Kennedy was working with Nikita Khrushchev through back channels to defuse the Cold War. In his “A Strategy of Peace” speech (June 1963), Kennedy announced the Nuclear Test Ban Treaty and the suspension of atmospheric nuclear testing.

“What kind of a peace do we seek?,” Kennedy asked. “Not a Pax Americana enforced on the world by American weapons of war.” With his words and deeds, President Kennedy made himself into a threat against the interests of the military/security complex.

There was enough suspicion of JFK’s assassination that yet another president assassinated by another “unhinged lone gunman” might raise more eyebrows. Nixon was disliked by the media, which made him a good candidate for political assassination. The Watergate burglary provided the opportunity. The Washington Post did the job with reports of “Deep Throat” meeting with reporters in spooky underground parking lots after midnight. Little, if any, information of consequence was contained in these reports. Instead, the newspaper’s reporting transferred the spooky danger of the deserted parking garages to Nixon and an aura of evil was attached to Nixon that eroded his support.

It is interesting that it is only presidents who work to reduce conflict who become targets for assassination. Reagan’s anti-Soviet rhetoric was strong enough to fool the left-wing, but the military-security complex knew of Reagan’s intention to end the Cold War. The CIA, formerly headed by Reagan’s vice president, opposed Reagan’s plan to put the pressure of an arms race on the creaking Soviet economy. The CIA argued that the centrally planned Soviet economy allowed the Kremlin to control investment and that the Communist Party could allocate whatever percentage of Soviet GDP to the military as was needed to win the arms race. In other words, the CIA argued that the US would lose the arms race if Reagan raised the stakes as a means of bringing the Soviets to negotiate the end of the Cold War. Did the CIA really believe this, or was the military/security complex trying to keep the profitable Cold War stalemate going?

Washington cannot exist without conflict. Now that the “Muslim threat” is wearing thin, Washington is stirring up a conflict with China. Washington is sticking its nose into every dispute China has with its neighbors and building up its military presence in the Asian-Pacific. As I wrote in my previous column, a China threat is being created as a long-term threat to take the place of the former Soviet threat.

Moving on to another topic, americans are told that education is the answer to unemployment. Get that university degree and live happily every after.

As RT recently reported, the truth is that more than half of recent US university graduates are unemployed or very underemployed. So much for the mantra that “education is the answer.”

“Education is the answer” serves the colleges and universities who want the tuition payments. It serves the companies who make student loans. It helps the offshoring corporations disguise that they are the main cause of unemployment.

Education is not the answer when high value-added, high wage manufacturing and professional service jobs, such as software engineering, are moved offshore in order to enhance short-term profits for shareholders and multi-million dollar bonuses for CEOs, while domestic employment and purchasing power are destroyed. Unless American university graduates can emigrate to China and India, there is no one to employ them. Yet, we still hear the call to run up student loan debts beyond the ability of salaries to repay the loans.

Professional tradable service employment in the US is so scarce that the University of Florida has abolished its computer science department. As few of the graduates can find employment, the university has reallocated the department’s budget to football, a paying sport.

Americans plugged into the Matrix are programmed to believe that they have correct information provided by a varied and “independent media.” In fact the media is owned by 5 or 6 mega-media companies run by corporate advertising executives and Washington.

Recently, Bloomberg gave us the report that “Japan, Denmark and Switzerland are among the countries to rally this week to [IMF chief] Lagarde’s call for a bigger lending capacity beyond the current $380 billion to shield the world economy against any deepening of Europe’s debt turmoil.”

This Bloomberg report is nonsensical. The loans are not shielding the world economy. The loans are shielding the private banks from their own mistakes at the expense of the world economy. The Bloomberg report shows how completely the Western media is involved in forcing ordinary peoples to subsidize private bankers. It could not be more clear; yet, there is no embarrassment at Bloomberg for serving as the bankers’ propagandist.

Indeed, there is only honor. Serving the Matrix is where lie the rewards. Those who oppose the Matrix are the outcasts whose efforts might, as in the film, save the race of humans from the domination of evil, or else, if they lose, confine the outcasts to prosecution and death.

Across every front Americans are fed lies. The official media line is that the Japanese Fukushima nuclear threat from the earthquake and aftermath is well contained and over. However, the fact of the matter appears to be that an amazing radioactive inventory of both spent and unused fuel rods is in damaged cooling pools that could suffer collapse at any time (especially if there is another earthquake), thus releasing enormous radioactivity (reference link). This possibility presents a greater threat than the initial molten cores of the reactors themselves. Michael Chossudovsky points out that the media is yet to acknowledge the widespread contamination resulting from the Fukushima disaster, and there may be worse to come.

But who cares? Back to the Matrix and the “reality show.”

Paul Craig Roberts

Diane Dimond: America's Crisis of Faith

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Posted: 05/ 1/2012 6:51 am

"With liberty and justice for all..." are the last six words of our Pledge of Allegiance. I'm just sappy enough to still hold on to that sentiment as the creed for my country. But to achieve a true feeling of justice you have to have faith, right? So let me ask. How's your faith holding up? Mine is a little shaky lately.

I'm not talking about a religion-based faith. I'm talking about the faith and admiration we need to have in our government, our social institutions, our communities and our fellow citizens. 

An article in the National Journal entitled "In Nothing We Trust" got me thinking. It is about a man in Muncie, Indiana, who lost his home to foreclosure and all the hardships he and his family faced. The subtitle of the piece was: "Americans are losing faith in the institutions that made this country great."

Yep, that pretty much sums it up.

Mind if I ramble a bit here?

I've been sitting in a federal courtroom in Greensboro, North Carolina, this week watching the felony trial of former Senator John Edwards, the two-time presidential candidate. He is a man, as you probably know, who destroyed his reputation and career by fathering a baby with a staffer while his wife was suffering from cancer and then boldly lying about it. He's now accused of federal campaign financing violations for taking illegal donations to help hide the mistress so his campaign wouldn't tank. It tanked anyway.

It is politicians like Edwards -- and, oh, so many others -- who have sapped me of my faith in our government. I don't believe Congress works any longer, nor do the two main political parties. All they do is connive to make sure their side "wins" while the country's most dire needs go unaddressed. In the meantime, we are left to hope to see some real leadership.

I worry about our overburdened court system too. Too often it is people with money that get satisfaction while those who can't hire a big law firm are out of luck. It is not supposed to work that way.

But let's move on to other institutions we can't rely on anymore.

Besides the congressional branch, the individual agencies of government are so deeply mired in creating work for themselves that I think hundreds of millions of dollars are wasted on needless bureaucracy and failure to streamline the duplication of effort. And don't get me started on how many of our tax dollars are lost to plain ol' fraud and abuse. Who will ever be able to wrap their arms around this monumental problem? We can elect a different president but it's not going to suddenly mend the bloated and inefficient agencies over which the chief executive has control.

All branches of our government seem broken with no way to fix them.

I'm also wary of our financial institutions. I realize their importance to the health of the economy but the mortgage and foreclosure crisis, the huge paydays for CEOs of failing corporations, the inability of one major business group to stand up and challenge Washington to help -- really help -- create more and lasting jobs leaves me with a pit in my stomach. Banks don't want to lend money in this unstable time yet that seems to be the only cure to our awful unemployment problem.

My confidence in our education system isn't great either. All the teachers I know complain of two things: the lack of money and the myopic focus of public schools on testing, testing, testing which takes away time from actual learning. And private schools and colleges with their out-of-sight tuitions? At the rate we're going many of them will have to shut their doors because so few Americans will be able to afford them.

How's that make you feel about the possibility for future generations to out-think and out produce foreign competitors? Yeah, not so great. right?

Organized sports don't deserve my respect anymore. Professional athletes who take steroids and lie about it, offer each other money to maim opponents or father multiple babies with multiple girlfriends and think nothing of it make me cringe. Organized religion still offers more positives than negatives, I suppose, but after the Catholic Church sex abuse scandal I soured on that too.

And let's not forget the media -- my chosen profession but another tarnished institution that now garners almost no public confidence. Somewhere along the line true, journalism got lost in a tilt either to the left or right. What was left got lumped in with the product of raving cable TV hosts and untrained internet bloggers so that readers and viewers don't know who to trust -- so they trust none of it.

The institutions America was built on and thrived upon seem creaky and rusty and in desperate need of repair. The phrase, In Nothing We Trust, has never seemed so apropos. But then again, we should admit that we have allowed the slide to happen by our silence and inaction. We're busy with our own lives and believe someone else will figure it all out. Well, so far no one has.

Thanks for letting me ramble. I guess I need a good kick in my faith. Any suggestions?

Follow Diane Dimond on Twitter: www.twitter.com/dianedimond

Bobby Jindal, Using ALEC Playbook, Radically Reshapes Public Education

 by Julianne Hing 

Monday, April 23 2012

LINK

Gov. Bobby Jindal (pictured above) has remade the Louisiana public schools system with impressive speed over the past legislative session. Last week, he signed into law a suite of landmark reform bills that will likely change the direction of public education in Louisiana forever. But not all change is good, and critics say both Jindal’s agenda and the strategy to move it come right from the playbook of conservative advocacy group ALEC, in an effort to revive Jindal’s national political profile.
Louisiana is now home to the nation’s most expansive school voucher program. Charter school authorization powers have been broadened. And teacher tenure policies have been radically transformed. Louisiana already had something of a reputation as a radical-reform state, thanks to the post-Katrina educational climate in New Orleans. But not all change is good, and education advocates have deep concerns about the efficacy of Jindal’s overhaul, and the interests that have push it.
“With these laws Gov. Bobby Jindal has sold our kids out for his political aspirations,” said Karran Harper Royal, a Louisiana parent activist and education advocate.
The bills all sprinted through the state legislature. Committee hearings were conducted at a breakneck speed, Democratic lawmakers complained, and members were asked to vote on amendments they didn’t actually understand. When the House took up a bill changing teacher-tenure rules, it ran the session past midnight, refusing to break until they called for a vote.
“There’s just so much more here than what our group can handle,” said Minh Nguyen, executive director of the Vietnamese American Young Leaders Association of New Orleans, a community advocacy group. “We don’t even have the capacity to handle all the bills that are being proposed right now and it’s been really challenging to us.”
ALEC’s 2010 “Report Card on American Education” (PDF) suggested that lawmakers overwhelm their opposition in exactly this manner. “Do not simply just introduce one reform in the legislature—build a consensus for reform and introduce a lot,” the report authors told ALEC members.
“Across the country for the past two decades, education reform efforts have popped up in legislatures at different times in different places,” the report authors wrote. “As a result, teachers’ unions have been playing something akin to ‘whack-a- mole’—you know the game—striking down as many education reform efforts as possible. Many times, the unions successfully ‘whack’ the ‘mole,’ i.e., the reform legislation. Sometimes, however, they miss. If all the moles pop up at once, there is no way the person with the mallet can get them all. Introduce comprehensive reform packages.”
One new law Jindal moved in this fashion will make Louisiana among the most aggressive states in the nation for pushing charter schools and publicly funded vouchers for private institutions. It also includes a “parent trigger” provision, where parents whose children are enrolled in a failing school can hand the school over to Louisiana’s Recovery School District if a majority choose to do so. However the key provision expands New Orleans’ current pilot voucher program so that now, students from high-poverty families enrolled in schools that have been rated a C, D or F by the state may move to a private school at the state’s expense.
More than half of Louisiana’s student population, or around 380,000 students, are expected to qualify for the voucher program, according to the Jindal administration. Only 4,000 vouchers will be available in the first year, experts estimate, but the law makes Louisiana’s program the most expansive in the nation.
Jindal’s set of reforms hews closely to the model reform legislation set out by ALEC, which advocates for the privatization of traditionally public services, like health care, prisons and education. ALEC and Jindal’s school agenda is driven by a conservative ideology that believes private markets can help introduce efficiency and healthy competition into public institutions. As ALEC’s education report card in 2010 laid out, “Families need a market for K-12 schools. The market mechanism rewards success, and either improves or eliminates failure.”
ALEC and Jindal have kept close ties for some time now, education watchers in the state say.
“This is really ALEC at work. It’s a feather in Gov. Bobby Jindal’s cap—he has spent a lot of time traveling around the country lining up donor money and now he can say Louisiana is one of the few states that has a large choice environment,” said Royal, who pointed out that many of the key committee members who supported the legislation are ALEC members or have received campaign contributions from groups with ties to ALEC. Indeed, at its annual meeting last August, ALEC recognized Jindal with its coveted Thomas Jefferson Freedom Award for “outstanding public service.”
“It was a huge defeat for us,” said Damekia Morgan, the statewide educational policy and campaign director of Families and Friends of Louisiana’s Incarcerated Children.
Public ‘Accountability,’ Private Free-for-All
Critics say the rushed process hampered conversation on the bills. The voucher bill in particular is still light on specifics about implementation. The state has yet to create a plan for evaluating the private schools that take public vouchers. Evaluation wasn’t even mentioned until a vague amendment that calls for “an accountability system for participating students at participating schools” to be hammered out by the state board of education by Aug. 1.
The lack of an accountability plan is telling, says Morgan. The standards that are devised don’t need to come again before the public before they are codified. “This is all supposedly about demanding accountability for public schools and here we’re handing off our students to private schools without any checks,” Royal also said.
In addition, the parent trigger provisions are also too vague, education advocates say. In California, the lack of specificity around that state’s parent trigger law led to protracted court battles when a community first made use of the law.
These sorts of bills have an undeniable appeal for parents, especially poor parents of color who’ve been locked out of decision making circles and feel like their concerns have often gone ignored by public school administrators. Yet education advocates say that these bills provide only the veneer of choice for parents, while removing parents’ avenues for demanding accountability via collective action.
The parent trigger portion of the new Louisiana laws, for instance, allows for public schools to be converted only to charter schools. The laws give parents no avenue for re-triggering a failing charter school, of which there are many. And while lawmakers hope that parents feel empowered by school vouchers, their options for where they can place their children will be limited to the private school options on the table.
“Clearly these options are not full choice for parents,” said Andre Perry, associate director of Loyola University’s New Orleans’ Institute for Quality and Equity in Education. Perry said his concern was that these reforms, while bold, don’t get to the heart of how educational inequity is created in the first place. Instead, what lawmakers are voting for, Perry said, “is a belief in a philosophy that’s being applied in the name of choice.”
“It’s a catch-22 for parents,” said Morgan. “Parents are desperate for change. But as a parent myself, I know that the more money we take away from public education systems to go to private entities, the less control I have over what public education looks like.”
Hijacking Obama’s Agenda
These days, the push to deregulate public education is a popular, bipartisan issue. Many of the states that have passed school reform overhauls in recent years did so to become eligible for the Obama administration’s $4.3 billion competitive grants program Race to the Top.
“Republican governors, shrewdly, jumped all over it and packed on their version of choice,” Perry said. “That’s how you see what we have now, where many different political bedfellows are coming together in a strange way.”
Indeed, Jindal spoke the language of the Obama administration last Wednesday when he touted his reform package as a way to help Louisiana children better compete in the global economy.
“[Louisiana children] are going to be competing with kids not only from Texas, Georgia, and other states, but they’re going to be competing for jobs with kids in China and other countries around the world,” Jindal said. “That is why it is so important we give every child in Louisiana a great education.” It could have been a line out of one of President Obama’s own education speeches.
This is one of the reasons why Perry says the presence of ALEC in the school reform policy arena isn’t reason enough for an outcry. Not only is ALEC not the only conservative group pushing for a free market approach to public education, but “there are pillars of each party that push the agenda.”
“The question is more about: what is so compelling about their arguments that is helping advance their agendas? Again, Jindal has been able to usher this through partly because the traditionally based system has failed in many ways. And that’s just the reality.”
This article has been updated since publication.

Valarie Strauss: Education reform protests pick up steam

Valarie Strauss
posted at 04:00 AM ET, 04/20/2012

By Valerie Strauss

In Texas, New York, Illinois and other states, protests by parents and educators are getting louder against school reform that insists on using standardized test scores as the basis for evaluating students, educators and schools.
It is too early to call it a full-fledged revolt; Washington D.C. has yet to see tens of thousands of people marching through the streets against high-stakes standardized testing, which has been prominent in American education for a decade and is at the core of the Obama administration’s school accountability efforts.
But opposition is clearly growing, most prominently over “value-added” teacher evaluation models that purport to measure how much “value” a teacher adds to a student’s academic progress by using a complicated formula involving a student’s standardized test score.
Researchers have repeatedly warned that this evaluation method is not reliable — and doesn’t take into account all of the out-of-school reasons that could affect how a student does on a test — but the Obama administration has pushed it and states have been adopting new teacher accountability systems that are heavily weighted to test scores.
In New York, hundreds of professors at colleges and universities have banded together and signed a letter to political and education officials protesting the state’s new educator evaluation system, Annual Professional Performance Review, or APPR, which rests largely on test scores, and asking them to reconsider the reliance on high-stakes tests.
This effort follows one by school principals in New York to protest APPR with a petition that describes APPR is “an unproven, expensive and potentially harmful evaluation system” that “is not the path to lasting school improvement.” At this point, more than 1,432 New York State principals and more than 4,860 friends have signed the petition.
Meanwhile, in Texas, some 345 school districts — out of about 1,030 districts — have adopted a resolution that says that standardized tests are “strangling” public schools and asking the state Board of Education to rethink the testing regime. Those school districts represent more than 1.6 million students.
It was in Texas where the era of high-stakes testing was born. George W. Bush started a test-based accountability program when he was governor and then blew it out into a national education initiative known as No Child Left Behind during his presidency.
Thus it is somewhat ironic that this year Robert Scott, the Republican commissioner of education in Texas, caused a public stir when he told the Texas State Board of Education that the mentality that standardized testing is the “end-all, be-all” is a “perversion” of what a quality education should be. California Gov. Jerry Brown had said essentially the same thing last year. Scott also agreed to postpone by a year a requirement that the results of each end-of-course exam account for 15 percent of a student’s final grade in that course.
It’s impossible to know if Scott’s comments had an effect on any other officials, but The New York Times reported last month that the chief academic officer of New York City’s public schools, Shael Polakow-Suransky, said publicly that he, too, has concerns about APPR because of the value-added formulas that carry so much weight.
“A principal should not ever be in a situation where ultimately their judgment gets trumped by a mechanistic formula,” he was quoted as saying.
Meanwhile, in Illinois, scores of professors and researchers from at least 16 universities throughout the Chicago metropolitan area recently signed an open letter to the city’s mayor, Rahm Emanuel, and Chicago school officials warning against implementing a teacher evaluation system that is based on standardized test scores.
The letter says, among other things, that “students will be adversely affected by the implementation of this new teacher-evaluation system” for a number of reasons. They include:
*A narrowing of curriculum as teachers focus more on test prep;
*Teachers whose jobs depend on their students doing well on standardized tests will “surely be incentivized to avoid students” with any kind of problem that could lead them to do poorly on the test
* Teachers will stop collaborating and become competitive, creating a bad environment for a school.
In addition to these protests, local groups of parents and educators in a number of states have started to seek ways to coordinate their efforts to protest standardized testing and help parents “opt” their children out of these tests.
Where this fledging revolt is going is unclear, but it is real, and for the moment, it is growing.

Betsy Combier: The NYC Department of Education Loses Their Appeal To The NYS Supreme Court To Terminate Steve Ostrin

From Betsy Combier:

Very temporary New York City Department of Education "chancellor-in-name-only" Cathie Black filed an appeal to the New York State Supreme Court of the decision of Arbitrator Howard Edelman in Steve Ostrin's case of a six-month suspension without pay. The DOE asked the court to terminate him, after he retired, and after the UFT, NYSUT, and the DOE failed to respect Steve's due process rights and kept him in the rubber room for almost seven years without any evidence, and two years after his case was closed by the Gotcha Squad. Judge Saliann Scarpulla threw out the DOE appeal, furious that the Corporation Counsel, Adam Collyer, AND NYSUT attorney Oriana Vigliotti wasted the court's time. File this under "The Gotcha Squad out of control".

Steve Ostrin holding the memo from Eric Nadelstern

The NYC Department of Education Loses Their Appeal To The NYS Supreme Court To Terminate Steve Ostrin
by Betsy Combier, Editor, Parentadvocates.org

Brooklyn Technical High School

LINK

Steve Ostrin was an excellent teacher at Brooklyn Tech High School when accused of sexual harassment in order to divert attention away from former DOE Deputy Chancellor Carmen Farina and Principal Lee McCaskill's fraudulent placing of McCaskill's daughter in a Brooklyn public school while McCaskill lived in New Jersey. Touching on the shoulder is not sexual harassment says SCI Investigator O'Sullivan (from another 3020-a where I was present; I whited out the name of the Respondent), and none of the allegations were ever substantiated by anyone....until Howard Edelman, arbitrator at 3020-a. Steve was arrested, attacked by NYC media, and placed in the NYC rubber room at 25 Chapel Street for almost seven years. No police or DOE or City investigators and not even the Grand Jury found any evidence that the charges were valid. In 2007 Ostrin's case was dropped by the DOE Gotcha Squad, as per a memo written by former Deputy Chancellor Eric Nadelstern. No one told Steve. So Steve sat in the rubber room until 2010, when 3020-a Arbitrator suspended him for six months without pay after Steve showed him the Nadelstern memo and after he suddenly "found" some guilt on Steve's part. Steve filed an Appeal of this decision in Brooklyn Supreme Court asking for complete exoneration and the overturning of a decision which had no basis. The next day Cathie Black filed an Appeal of the Edelman decision, asking for a more severe penalty, termination.

Steve gave me a copy of the memo when he filed it along with his Article 7511 appeal in Brooklyn Supreme Court, and we gave it to Sue Edelman at lunch across the street from the court. A NY POST photographer took a picture of Steve with the memo (see my previous article, re-posted below). A lawyer working for the City told me that they were furious that Steve had this memo, and they demanded to know where I got it, as it was "confidential". So I told them and wrote about it.

I and Sue Edelman at the NYPOST exposed the Ostrin case, from very different perspectives. Ms. Edelman had her photographer take a picture of Steve holding the Nadelstern memo, yet never mentioned it in her article. The very temporary New York City Department of Education "chancellor-in-name-only" Cathie Black filed an appeal to the New York State Supreme Court of the decision of Arbitrator Howard Edelman in Steve Ostrin's case to suspend him for six months without pay. The DOE asked the court to terminate him rather than suspend him, NYSUT told Steve they would defend him in Manhattan Supreme Court IF HE DROPPED HIS APPEAL IN BROOKLYN. Steve did this, and months later retired.

After he retired, and after the UFT, NYSUT, and the DOE failed to respect Steve's due process rights by keeping him in one of the Brooklyn rubber rooms for almost seven years without any evidence, and two years after his case was closed by the Gotcha Squad, Judge Saliann Scarpulla threw out the DOE appeal, furious that the Corporation Counsel, Adam Collyer, AND NYSUT attorney Orianna Vigliotti wasted the court's time.

The day of oral argument at in Judge Scarpulla's courtroom at 60 Centre Street I arrived early, and stood a few feet away from NYSUT Attorney Vigliotti. I thought I would say hello, but she glared at me, so I stayed silent and sat down in the courtroom when the doors opened. She sat right in front of me. Adam Collyer, Corporation Counsel and representing Cathie Black, sheepishly nodded in my direction as he entered the courtroom. I have seen his improper antics trying to get the Court to listen to him before.

Judge Scarpulla is a no-nonsense judge. She was furious with the presentation of both sides at this hearing. Her anger and frustration was well-placed, as her court could do nothing about the Edelman decision because Ostrin had retired. Scarpulla questioned the rationality of bringing a lawsuit against a decision recommending a six-month suspension where she could not terminate Steve Ostrin, as the DOE wanted, nor could she overturn the six-month suspension because NYSUT did not ask for that.

Steve's appeal with the secret memo from DOE Gotcha Squad Attorneys Theresa Europe and Cheryl Smith (now Massena), which stated that as the DOE Attorneys had closed his case and saw no evidence that he had ever done anything to substantiate the charges against him and they were not going to pursue the matter, was not mentioned to Judge Scarpulla in either side's papers nor during oral argument. I think this is shocking, because neither side wanted to give Scarpulla all the information relevant to Steve's charges, yet were arguing for and against the Edelman decision, which made no sense due to the memo.

Obviously the purpose of NYSUT taking on the appeal as long as Steve dropped his Brooklyn Article 7511 and withdrew it, was to obliterate this secret memo's existence, along with the approval of the City of New York. This memo proves that NYSUT, the UFT, and the City of New York and the Gotcha Squad are wasting public money for political purposes.

Judge Scarpulla saw through the irrational pursuit of a petitioner filed against someone who was retired, but she did not bring up the Nadelstern memo, and thus it can be assumed she knew nothing about it. She was angry enough for being dragged into this even without the added information that Steve Ostrin should never have been brought to 3020-a in the first place, and NYSUT, the UFT, the NYC DOE and the City of New York all knew this.

But NYSUT, the UFT, and the DOE didnt let Steve know. He sat in the rubber room at 25 Chapel Street waiting for his 3020-a just like the other 150 people in the room. In 2009 his arbitration "trial" began, with Cheryl Smith Massena for the DOE prosecuting Steve for charges she knew were unsubstantiated. The UFT and NYSUT allowed the 3020-a to go forward even though they knew that there was no substantiation of any charges. Steve's attorney, Timothy Taylor, NYSUT Latham, not only pretended that the charges were valid, but closed the hearing after Steve demanded an open and public trial.

Steve relayed to everyone at 25 Chapel Street and to me as well (I knew Steve before I started working for the UFT in 2007) everything that went on at his 3020-a, and when he brought in the secret memo written by Eric Nadelstern, Edelman stopped the hearing, evidently, according to Steve, angry that he was duped by Cheryl Smith into believing the charges were validated by the investigators.

Below is my previous post:

The Story of Steve Ostrin And The Violation Of His Due Process Rights By The NYC Department of Education, UFT, and NYSUT
On January 30, 2011, NYPOST reporter Sue Edelman wrote an article called "Teach Untouchable" concerning the case of former rubber roomer Steve Ostrin. I met with Sue and Steve on January 25, at Steve's request, and discussed the mess that the NYC DOE made in this matter. Steve gave Sue the "smoking gun" memo sent from Theresa Europe to former DOE official Eric Nadelstern who resigned last week, that you see Steve holding in the picture above. Steve also gave her a copy of his grievance when the DOE would not release him from the rubber room after all charges were dropped against him in 2007, he gave her the information that there was no substantiation of the charges by SCI - nor was there an investigation at all - and Steve was acquitted at the criminal trial by a jury. The NY POST chose to ignore all the facts and go with the DOE in defaming Steve once again. I see the hands of Joel Klein in this, and I look forward to a final resolution of the terrible process known as "rubberization" of tenured teachers now that NYSUT has taken on the representation in NYC Supreme Court of the Black petition.

How can I say such things? I worked as a UFT rep. for three years, hired part-time by Randi Weingarten to help her find out what was going on in public schools, assist teachers who needed advice on what to do in times of trouble, and visit the temporary re-assignment centers or "rubber rooms" to talk with the people there and find out what their cases were all about. I did my job, not knowing that they - the UFT now headed by Michael Mulgrew - did NOT want someone like me, an investigative reporter, looking into re-assigned NYC personnel, because the UFT is doing nothing to help its members, just like the DOE is throwing tenured people into the garbage.

In fact, under Bloomberg, the garbage can was at first not large enough to handle all the people principals were allowed, under color of law/rule/DOE regulations, to throw away. So, large (and 1 small) rooms were rented or made available to the garbage teachers and these rooms became the holding pens of allegedly guilty people. Tenured teachers get "due process", or 3020 trial, an arbitration hearing 3020-a. In NYC no one gets to assist in choosing the single arbitrator who decides a case. You get the person supposedly randomly chosen to arbitrate the case that is next in line. At present there is at least one lawsuit in federal court and many in State Court on this topic, and there will be more.

As an advocate for rights, I jumped into the mud of the NYC DOE "rubberization process" as I call it, and found that the denial of rights is astonishing. Believe me, I asked why many times at the UFT, and I was told they didn't need me anymore in July, 2010. That's ok, because now I can write about what REALLY happened over the last 9 years under Mayor Bloomberg,, and how the UFT, NYSUT and the NYC DOE all worked as a team in making thousands of people sick with emotional distress, without housing, medical benefits, or jobs of any kind. Not everyone that went through the rubber room ringer is innocent, but many are, and my efforts to expose this disaster with my website, blog, and my voice at the PEP Sept 2007, is for them, and all of us - our children, our way off life, and our future.

I met Steve at his rubber room, 25 Chapel Street early in 2007, and have followed his case ever since. In sum, his case is a matter of the DOE wanting a diversion from media exposure of the misconduct of Principal Lee McCaskill of Brooklyn Technical High School, and one of the most "honored" DOE officials, Deputy Chancellor Carmen Farina. The NYC DOE picked a very popular teacher to condemn to the garbage as a way of nullifying the media attacks on MacCaskill. The police arrested Steve in March 2005, he was put in prison, given a criminal trial, and his family almost dissolved while he sat for almost six years in the holding pen/garbaage can/rubber room at 25 Chapel Street, 10th floor, Brooklyn N.Y. and had the public pay his salary. No investigation ever proved he was guilty at all, no jury or District Attorney ever believed the accusations of the girl who complained about his behavior, and by all accounts Steve was on his way to being the biggest mistake the NYC DOE ever made, with the UFT approval.

Nevertheless Steve was denied representation by the New York City Law Department when Grace sued him. The City paid her to end her lawsuit....even though there was no proof that she had ever been truthful. This could have been a huge money maker for anyone, as the City didnt want to recognize that they had fallen into the trap of lying about charges, then not wanting to be held accountable for it. Only one other student took advantage of this opportunity, and got paid by the City to drop her lawsuit as well.

Until the DOE "Gotcha Squad" dug up arbitrator Howard Edelman and Attorney Timothy Taylor and put Steve on trial at 51 Chambers Street where the Administrative Trial Unit (ATU) conducts the 3020-a arbitrations for tenured teachers. I have sat in hearings when asked to observe, for almost 8 years, and I can tell you that the "due process" is a sham. More about this in another article.

After no investigation took place because no one believed that Grace Olamijulo was telling the truth - as well as her copycat colleague JH, who also got money from the City for making an accusation against Steve) - and after the Smith/Europe/Nadelstern "smoking gun" memo showed Edelman that 3020-a Attorney Cheryl Smith was lying about the charges (and Edelman was furious), Howard Edelman found Steve culpable of "...a single event in which a teacher [Ostrin] touched a student on her arm and made inappropriate comments" (Edelman award, p. 32). Edelman gave Steve the punishment of six months without pay (or medical benefits), to give a Solomonlike decision ("i.e. splitting the baby" and pleasing both the UFT and the DOE by not exonerating Steve, and thus making it look like the NYC DOE was wrongly spending public money for six years). The DOE spent more than $500,000 in this one case, to prove that Grace was right. So why was there no investigation?

Cathie Black, the new CEO of the NYC DOE, has filed a 7511 Appeal of 3020-a arbitrator Howard Edelman's decision to suspend Steve for six months without pay, she wants him terminated despite the lack of any investigation and the DA, SCI and the DOE finding the girl, Grace, not credible. Steve filed a 7511 in Brooklyn Supreme Court two days earlier, pro se (representing himself).

Below, you will hear from me about the "facts" in this case. Keep in mind while you decide for yourself what the "facts" really are, that the UFT did nothing to help Steve throughout this ordeal that almost cost him his marriage and certainly cost him his career and his well-being for six years. What the UFT and NYSUT should have done is, when all charges were dropped in 2007 and all parties found the girl to be incredible, is put Steve back in his teaching position. No one did this because, I think, all parties hate to admit error, and now the battle is on. I'm writing a book.

The real story of the Rubber Room saga of Steve Ostrin

The real story of Steve Ostrin is based upon the fact that no one believed he sexually abused any child at any time. Grace and Julie were two young women who saw an opportunity to make some money, and the City complied, because their investigators were looking into Brooklyn Tech Principal Lee McCaskill and his associate, Deputy Chancellor Carmen Farina, and they needed to divert public attention away from these two people.

Anyone who is not sure what is going on in NYC education should start, I think, with Michael Cardozo's letter sent to the Justice Department in 2003 that argued for a removal of the right to vote for a school board in New York City. See Michael Cardozo's letter asking Mr. Rich at the U.S. Department of Justice to allow removal of voting for the school board, and then describing the reasons for the removal of the right to vote in a long report: "Editorial: The New York City Department of Education is a Sham and Mike Bloomberg is the Flim-Flam Man."

After Mike Bloomberg became Mayor and took control of the public school system in 2002, he spoke often about his desire to be "The Education Mayor", the person who turned all public schools into successful mini-businesses. In this business model, teachers become workers who are easily and necessarily replaced whenever his or her performance is, according to the supervisor, "not perfect". Soon, principals and superintendents had the right to hire and/or fire anyone, at any time. Tenure, with the promise of due process for all who hold this status, was technically over.

To prove to his followers he could do whatever he promised, Mike had to get rid of "dead wood", as in senior teachers who didnt want to spend every day teaching to a test, and then testing for the test; as in senior teachers whose salary was $100,000+ ...when two younger teachers could be paid for that price; as in tenured teachers who had cancer or some debillitating injury that had to take time away from their jobs; and so on.

Principals began to throw teachers out of their positions quickly and for no reason, or for a reason that would have incurred only a counseling memo or letter to file in previous years. For example, if you were a caring teacher and a student was crying and you gave them a hug, you became a "sexual pervert" and were removed from your job; if a student made an effort to do well and you were so happy that you tapped the student on the shoulder and said "well done!" you will be arrested for corporal punishment and led out of the school in handcuffs, in front of your students and reporters from the New York Post or Daily News, called ahead of time to get the picture. Who replaced you? A substitute teacher, someone who probably couldn't teach the curriculum.

Where did the miscreant teacher go, while the NYC DOE "proved" his or her "guilt"? The 'rubber room' or re-assignment center. In 2007 there were seven large rooms in all boroughs - Manhattan, Queens, Staten Island, Harlem, Bronx, Washington Heights, Brooklyn; then, in 2008 another, small room was opened, also in Brooklyn (355 Park Place, basement). This was, in my opinion, a huge error. When 100+ adults are in a room every day and are told to sit and not talk to anyone about his or her case, that is exactly what the conversations will be about. And I was the UFT "rubber room girl" hired part-time by Randi Weingarten to listen, and to find out what was going on, and try to do something about it. I kept complaining about the situation but stayed 3 years, until the rooms were closed.

The other factor that plays into understanding how the rubber rooms were opened and stayed open until July 2010 is, principals were told by hire-ups to get rid of anyone who blew the whistle on school finances, corruption, violations of law, etc., and they - the "higher-ups" and their 'helpers' - would receive immunity from prosecution. In other words, if the administrators played their parts well, and got rid of anyone who did not meet the corporate criteria, no one would be able to hold them accountable for anything. The Corporation Counsel protects all of these people until there is some exposure of what they did. Then, the person "resigns" (and is moved to another job).

It was in this environment of terror, destruction of innocent lives, and lies that the case of Steve Ostrin began, and circumstances made this case a perfect storm of injustice.
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The school where Steve Ostrin taught for 18 years and where he was considered one of the "best teachers ever", Brooklyn Technical High School, or "Brooklyn Tech", is one of the Specialized High Schools of New York City. You can get in if you score high enough on the SHSAT (Specialized High School Admissions Test). Lee McCaskill, the Principal of Brooklyn Tech in 2004, felt uncomfortable. He and Steve had a 'contentious' relationship, and he, McCaskill, was beginning to worry that his cover would be blown. McCaskill had made a deal with then Deputy Chancellor (former District 15 Superintendent Carmen Farina) to put his daughter into a highly regarded public school in D15, even though McCaskill lived in New Jersey. This is against the law in New York State. Mrs. McCaskill also worked for the NYC DOE at Boys and Girls High School, a school in Brooklyn, but she resigned.

When the investigation into Lee McCaskill started heating up, the NYC DOE decided it was time to delay and obstruct the public's view of the crimes of Lee McCaskill and Carmen Farina, one of their "best" administrators (she brought in and supported Diana Lam):

B'KLYN TECH'S CRASS WARFARE. Principal, teachers feud at elite high school
BY KATHLEEN LUCADAMO DAILY NEWS STAFF WRITER, October 23th 2005,
LINK

WAVES OF TURMOIL are threatening to undermine the once-impeccable reputation of Brooklyn Technical High School - one of the city's most prestigious public schools.

Brooklyn Tech's tradition of excellence already has been sullied from a long-running battle between many respected teachers and Principal Lee McCaskill.

But the war inside the Fort Greene school is boiling over now with public charges of crass behavior, censorship, harassment and questionable management decisions.

Teachers have fled to other respected schools. Parents are trying to figure out what to believe. And perhaps most unsettling, Brooklyn Tech's students say they feel the tension.

A senior, who asked to be identified only as Eric, said he witnessed Assistant Principal Tracy Atkins-Zoughlami engage in a screaming match with two deans in the hallway.

"It was disturbing and unprofessional," the 17-year-old said. The student also claimed McCaskill once called a group of media students "dumb-asses."

McCaskill's detractors have no shortage of complaints about him and the school where he has worked since the late 1980s.

Brooklyn Tech has not published a student newspaper in more than a year because McCaskill had so heavily censored it - once destroying 4,000 copies - that no teacher will serve as an adviser, instructors charged.

For the last two months, 32 new computers have sat covered in plastic, unused because the room isn't properly wired.

The school radio room is packed with outdated equipment and has been shut down for 20 years even though a teacher secured a $10,000 grant. Teachers want to know what happened to that money.

Many instructors also claim McCaskill rules with an iron fist - often targeting outspoken veterans and treating students like prisoners instead of prodigies.

But Education Department brass insist McCaskill is maintaining excellence at the school and adamantly support him.

Deputy Schools Chancellor Carmen Farina called the charges a "union ploy to pick on a particular principal who exercises his right" to give teachers unfavorable reviews. "He does what he feels like he needs to do to make the teachers the best possible," Farina said.

Education Department officials promised a student paper would be up and running by next year. They vowed to send in engineers to fix the computer room and said the radio equipment is owned by WNYE.

Since being founded nearly 90 years ago, Brooklyn Tech has turned out Nobel Prize laureates, congressional leaders, billionaire entrepreneurs, corporate executives and noted scientists, engineers and architects.

It remains one of the city's most difficult schools to get into, enrolling about 4,500 students and boasting a 95% graduation rate.

But Brooklyn Tech traditionally has trailed behind Manhattan's Stuyvesant High School and the Bronx High School of Science in terms of popularity among top students, said Pamela Wheaton of Advocates for Children.

"When parents choose a school like Brooklyn Tech, they choose the name, not the principal," Wheaton said.

McCaskill could not be reached for comment because he was in North Carolina last week for the funeral of his nephew, who was killed in Iraq.

The most recent edition of the teachers union's newspaper included a supercritical article about him and the school, referring to it as Brooklyn "wreck." It marked the latest - and harshest - assault on McCaskill.

Just three years ago, he was accused of sending obscene E-mails to teachers. A city investigation concluded that some of the messages had been sent by his brother and others seemed to be authored by a hacker.

The allegations were among a long list of accusations against McCaskill over the last decade, including playing favorites with job assignments and faking timecards for friends.

In the last four years, a third of Brooklyn Tech's nearly 40-teacher English Department has left, according to English teacher Daniel Baldwin. "There used to be an almost cultish devotion to teaching at Tech," he said. "Teachers would come here and they wouldn't leave. Now there is a revolving door."

But Jean Claude Bizard, the local instructional supervisor, attributed the turnover to retirements - and backed McCaskill.

"Tech has students who are demanding and parents who expect the best from teachers," he said. "So he has to have high standards and quite frankly some teachers can't handle it."

The parents association vice president, Teresa Mule, also defended McCaskill. "The principal's motto is, 'If things aren't done the right way, they aren't done,' . . . and that is a positive thing," she said.

Yet several well-regarded city schools have been thrilled to hire Brooklyn Tech's castoffs.

In a particularly notable case, veteran teacher Todd Friedman took a job at Midwood High School after McCaskill barred him from teaching the book "Continental Drift" in 2002. The book was a Pulitzer Prize finalist, but McCaskill called it sexually explicit and unacceptable.

Friedman is being honored this week with the New York Library Association's Intellectual Freedom Award for fighting McCaskill over the censorship.

"People don't generally want to leave a good school like Brooklyn Tech, but McCaskill and Tracy Atkins-Zoughlami are breaking the morale," Friedman said. "That's why many teachers have left."

klucadamo@nydailynews.com

The NYC DOE decided to go after popular teacher Steve Ostrin. On March 2, 2005, a student in Steve's class, Grace Olamijulo, accused Ostrin of making remarks to her that she thought were sexually harassing.

On March 4, 2005 Ostrin was removed from his school and sent to 131 Livingston Street and then to 25 Chapel Street in Brooklyn, where he remained until the rubber rooms were closed, July 2010. (He was then sent to another location to sit and await the arbitrator's decision in the 3020-a arbitration, which he received at the very end of December 2010).

On Sunday March 20, 2005 detectives from the 88th precinct came to Steve's home, and in front of his wife and two small children arrested him for "endangering the welfare of a child and harassment in the second degree".

On February 10, 2006 Steve was acquitted of all charges after a trial by jury in criminal court. Lee McCaskill testified, then resigned later the same day. Steve remained in the Brooklyn rubber room. No charges were brought by the NYC DOE until May 11, 2007, after Steve asked for Attorney fees for his paying of the attorneys in the criminal trial. This set off a firestorm because the NYC DOE did not want to pay Steve's legal costs.

On February 5, 2007 Steve was told to go to the Leon Goldstein High School For Sciences, as he was cleared. On February 6, 2007 counsel for NYSUT (the legal arm of the UFT) received an email from Theresa Europe, Attorney of the Administrative Trials Unit or "Gotcha Squad", saying that the ATU Was not going forward with charges, and Steve was no longer on the ineligible list. He filed a grievance (2/15/07) based upon Article 21G(4) of the DOE/UFT contract that states:

...the employee will be restored to service no later than 6 months from the date of his/her removal unless 3020a charges have been preferred against the employee (remember, none had been filed). Yet Marcel Kshensky denied the grievance, the very same Marcel Kshensky who is currently being sued in Federal Court for racial discrimination. (See Marcel Kshensky)

Kshensky denied the grievance, saying that there was an internal investigation being conducted by the DOE - but there was no investigation. (April 17, 2007)

On May 8, 2008, Steve was brought to a probable cause hearing with Arbitrator Martin Scheinman. Scheinman ruled that Steve could not be removed from payroll because
"...Probable cause cannot be established where it is based upon an alleged felony committed on school property or while in the performance of teaching duties as to which a criminal court have ruled Respondent not guilty."....Respondent was not found guilty of criminal charges that were based upon the very same factual allegations set forth in the Specifications against Respondent and on which the Department bases its probable cause request."

Then, on June 19, 2009, Steve Ostrin went to 65 Court street on a tip and looked at his personnel file, where he found a memo from Cheryl Smith for Theresa Europe sent to former NYC DOE official Eric Nadelstern (he "resigned" in January 2011), closing the case against Steven Ostrin. The memo also states that the Office of the Special Commissioner of Investigation (SCI) concluded that "the allegations were unsubstantiated."

The matter was referred to the ATU, who, according to Theresa Europe, were closing the case. Lee McCaskill resigned his position in order to thwart criminal charges, and the investigators were very angry:

February 15, 2006
Investigator Rebukes City Schools Over Retirement of a Principal
By ELISSA GOOTMAN, NY TIMES

The special commissioner of investigation for the city school system rebuked the Department of Education yesterday for allowing the principal of Brooklyn Technical High School to retire days before the completion of an investigation into his daughter's improper enrollment in a Brooklyn elementary school.
The commissioner, Richard J. Condon, included the criticism in a report describing a web of deception by the principal, Lee D. McCaskill, and his wife, a teacher at another Brooklyn school, to hide the fact that they lived in New Jersey.
The report said the couple had submitted a friend's Brooklyn address to get their daughter into the well-regarded Public School 29 in Cobble Hill without paying the tuition required of noncity residents. When faced with an investigation, Mr. Condon said, they gave contradictory testimony and submitted fake leases and other misleading documents to create the impression that they lived at the Brooklyn address.
Mr. Condon said it "was not prudent" for education officials "to enter into a settlement with Lee McCaskill before it could consider our findings." He said that since the Education Department did not wait for the investigation's results, "we can only note that McCaskill should be placed on the ineligible list and barred from future employment" in the city schools.
Mr. Condon wrote that he was forwarding his findings to the Brooklyn and Manhattan district attorneys for possible prosecution. He also recommended that Dr. McCaskill's wife, Cathy Furman McCaskill, be dismissed from her position as a teacher at Boys and Girls High School in Brooklyn.
"All objective evidence and information examined in this investigation leads to the conclusion that the McCaskills deceived the D.O.E. and obtained more than three years of free education for their daughter, which is reserved for residents of New York City," Mr. Condon wrote. "Their sworn testimony concerning their living and commuting arrangements between the two addresses is, in part, contradictory, and, as a general matter, incredible and false."
Department of Education officials said Mrs. McCaskill had been reassigned to a regional office and that the department would move to fire her. They defended the agreement with Dr. McCaskill under which he was allowed to retire and pay the city $19,441 for four years of tuition, saying that his swift removal from the school was best for Brooklyn Tech, where a successor has already been named.
"The school has been in a lot of turmoil because of this principal, and we are looking at a process that could stretch on for months and could thereby cause a great deal of disruption in the school," said David Cantor, a department spokesman. "We felt that the situation was just too volatile to let this happen."
Neither of the McCaskills returned calls seeking comment, and a man who answered the telephone at their home yesterday said he did not wish to speak with reporters. A lawyer from the city principals' union, who represented both Dr. McCaskill and Mrs. McCaskill during the investigation, declined to comment through a union spokesman.
Dr. McCaskill is still being paid $125,282 because he is using up accrued vacation time, officials said. Under the agreement with the Education Department, he will be able to use his accrued sick leave, as long as he produces documentation of a medical condition. The sick leave will run out in August, officials said, at which point his retirement will begin. Dr. McCaskill, who is 49, will not receive his pension for several years.
In recent years, Dr. McCaskill's management style at Brooklyn Tech, the largest of the city's prestigious specialized high schools, has led to intense and in some cases well-publicized battles with teachers. They complained that he routinely canceled special trips and programs and that he retaliated against critics by giving out unfavorable performance ratings.
Randi Weingarten, president of the city teachers' union, went to the Department of Education last spring to complain about what she described as Dr. McCaskill's pervasive practice of intimidating and punishing teachers.
Until the last few days, the Department of Education had stood behind Dr. McCaskill. Last week, when the department announced the agreement that he would retire, Carmen Fariña, the deputy chancellor for teaching and learning, praised his leadership of Brooklyn Tech, telling reporters: "I wish him well. I think he's done a lot of good in that school."
Mr. Condon's investigation started in October, after the department's general counsel informed him of rumors that the McCaskills' daughter was improperly attending P.S. 29. It is a coveted school where Ms. Fariña herself taught for 22 years and sent her own daughters. Investigators found that while the school listed the family as living at 606 Hancock Street in Brooklyn, voting and vehicle registration records showed they live in Piscataway, N.J.
The Brooklyn address is the residence of Robin Kelly Sheares, a close family friend who is a lawyer. P.S. 29 is not the zoned school for that address, but its principal told investigators she had given Dr. McCaskill a variance as a "professional courtesy," believing he lived in the city.
The investigators also observed the family's morning commute, watching as a green Ford registered to Mrs. McCaskill made its way from Piscataway through Perth Amboy, N.J., and Staten Island, traveling to Brooklyn over the Verrazano-Narrows Bridge. Once in Brooklyn, they found, a girl with a blue book bag was dropped off at Ms. Sheares' home or at the home of another nearby friend, who would drop the girl off at P.S. 29.
Asked where he lived, Dr. McCaskill told investigators that he had "both a Brooklyn and a New Jersey address," the report said. He said he rented a one-bedroom apartment in Brooklyn from Ms. Sheares, where his wife and daughter stayed during the week and where he stayed "off and on during the week."
Mrs. McCaskill, in what the report described as a "remarkable contrast to her husband's testimony," told investigators that Dr. McCaskill spent most weeknights in Piscataway.
Asked for evidence of his Brooklyn residency, Dr. McCaskill provided investigators with leases indicating that Mrs. McCaskill rented a Brooklyn apartment from Ms. Sheares for $200 a month, starting in October 2001. But the leases, investigators found, were ostensibly signed years before a 2004 copyright on the lease forms.
Mr. Condon referred the case of Ms. Sheares, who was also questioned and had signed the leases, to the grievance committee of the appellate division of the New York State Supreme Court and the state court system's ethics commission. Ms. Sheares could not be reached for comment.

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Nevertheless, Cheryl Smith, attorney for the DOE, and Theresa Europe at the ATU served 3020-a charges against Ostrin and pursued his termination with Arbitrator Howard Edelman two years AFTER the memo proved that the investigators, the DOE, and the ATU had found the charges "unsubstantiated".

Throughout, Steve Ostrin has denied that he made any sexual comment to any student at any time.

When Steve got the opinion of Edelman, he decided to appeal to the New York State Supreme Court, as he felt it was wrong of Edelman to remove him from his salary for six months based upon unsubstantiated charges that were never investigated. He filed his appeal and got the Index number on January 11, then served and filed the Verified Petition in Kings County, Brooklyn, on January 25, 2011. Cathie Black filed an appeal in New York State Supreme Court on January 13, and served a Verified Petition on NYSUT on January 27, 2011. The DOE wants Steve to be terminated. NYSUT has taken on the appeal.

No one knows what the war of the titans will bring as far as resolution to this matter, but I do know for sure that when Steve and I and Sue Edelman from the New York Post had lunch on January 25, 2011, and a picture was taken of Steve holding the Nadelstern memo, that Sue Edelman knew there was never an investigation, the District Attorney did not find the girl, Grace, to be credible, SCI found the charges to be unsubstantiated, a criminal trial acquitted Steve, and no one believes that Steve is guilty as charged. No one, that is, except Cathie Black and Joel Klein and his new employer, the New York Post. Stay tuned, this will be good reading when the papers from both sides try to justify a man spending almost six years in a rubber room without Just Cause. NYSUT, the UFT and the DOE are guilty of creating this perfect storm of injustice.

NYC Department of Education's Article 75 Petition against the decision of Arbitrator Joyce Klein not to terminate Tonia Hemingway
Judge Scarpulla Orders a judgment against the NYC Dept of Education in the case of Tonia Hemingway

Betsy Combier

I have written about my start in the investigation of the NYC DOE throwing educators out of their positions even when they have tenure, before, but here is a summary once again: in 2003 I was invited to be on-camera at a TV show produced by a friend, to talk about Judicial corruption, and when I got there, another person about to be on the same program, teacher David Pakter, started talking with me. He told me that there were rooms for teachers who blew the whistle on their principal, and these rooms were called "rubber rooms". I knew that this was a good story. I started looking into "rubber rooms" from the point of view of a person to whom facts and rights must be honored above all else. The cases that I looked at then, and the cases I still look at now, dont have either.


Teachers Are Easily Sabotaged When a Principal Wants To Get rid of Them: La Guardia High School and Brooklyn Technical High School(posted 2/28/2004)

Carmen Farina: Politics Wins With Her Appointment as Deputy Chancellor in New York City

The Arrogence of Immunity and the "Resignation" -or Retirement - of NYC DOE Deputy Chancellor Carmen Farina

Former Deputy Chancellor Carmen Farina Retired Because of Her Complicity With the McCaskill Wrongdoing(posted 6/2006)
Marcel Kshensky