2026-10-27 - Board of Education Grievance Hearing

Summary

Built from the Whisper speech-to-text transcript of the recording; the agenda and minutes were not read.

  • A three-member panel of the Board of Education heard a level three grievance (number 1026) brought by the teachers' union after it was denied at level two.
  • The union argued that a teaching assignment combining English learner instruction and a reading class amounted to two subject areas with separate curricula and certifications, which it said should carry additional pay under the contract, and that English learners should not be pulled out of content classes such as social studies for reading support.
  • The district side described the reading work as part of the English learner domain and the district as resource constrained. The union said it wanted to see the district's source for that position.
  • The panel deliberated in a separate session, then voted 3-0-0 to deny the grievance, with the reasons to be set out in a written opinion issued after the hearing.

Agenda

Agenda not read.

Sources

Video

Transcript

This is a Whisper speech-to-text transcript; names and numbers may be misheard.

Transcript

# transcript-source: whisper; whisper.cpp=1.9.5; model=ggml-small.en-q5_1.bin; vad=ggml-silero-v6.2.0.bin; language=en; transcribed=2026-11-10T06:41:49.093Z; job=tx-1794290996668-9xwe1p; source=https://cityofstamford.granicus.com/MediaPlayer.php?view_id=3&clip_id=16337

00:00.00] Let me just call the meeting to order at 204. I think everybody knows who everybody is, what roles they're playing.

00:05.96] And so the first thing we do here is for Sheila for the union, of course, to represent to present the grievance.

00:12.84] So please proceed. OK, thank you. So this is grievance 1026 that we had been denied on level two based off of the fact that

00:27.13] that there was a 16 G where we are was violated based off of there was two subject areas that was denied based off of the idea that I believe Ms.

00:39.71] Colman Harris believes that it's a domain reading is considered a domain of ESL.

00:48.37] So it's not considered two subject areas. Also blue team students at this time may be dismissed. All team colors have been called.

00:58.98] All students may be dismissed. Sorry about that. Then we also have a grievance on.

01:03.76] I mean, there's also 16 F, which has to do with the curriculum.

01:08.45] And so I added the amendment that shows basically that there is two separate curriculums that are very different on assessment,

01:17.21] that are very different on different standards, objectives, how their students are placed.

01:23.79] And so with those two and then the last part is a part of the board policy that has to do with the Bill of Rights of Parents,

01:35.79] where students who are being taken out of content area should not be being as an ESL student,

01:42.25] should not be being taken out of content area for reading support.

01:46.51] So those were the things that were denied on level two.

01:50.65] And so I brought it to level three based off of the fact that there is a multilanguage bill of rights on our website that basically states that English learners have a right to be in content area classes.

02:07.55] It's also part of state and federal laws of EEOA that they have a right to access equal education.

02:16.35] So to have them taken out of social studies is not a good idea.

02:20.36] They can be, you know, given extra reading, but not that. That's one.

02:24.91] The second part is Kumail's not being paid, considering he has the same kids.

02:32.57] He has one in reading class and one in the multilanguage learning classes, two separate curriculums under two different.

02:40.56] He has one job description, but that was an ESL.

02:44.71] He was given a reading class and now is teaching reading and language arts, two separate curriculums under our contract.

02:54.05] It clearly states if there's two separate subjects, he should be paid nine thousand one hundred and eighty five, I believe, dollars.

03:02.98] But that's under our contract. So we have a couple of violations we feel based off of the amendments I sent you where you can look that the two curriculums are very different.

03:16.35] Language Live is for ESL students that are trying to learn basic language proficiency and their social standards.

03:27.69] And if you look at Language Live, it has to do with the science of reading and the basics of that decoding.

03:34.91] So very different subjects. And also you have to remember there has to be different certifications for that.

03:43.67] I cannot teach ESL unless I'm certified in ESL. So Mr. Kumail is certified in both.

03:50.83] He's teaching K through six. He has a certification, I should say, in K through six and ESL.

03:59.04] Because I was concerned about this, I did mention this to the State Department, the director of the State Department of Multilanguage Learners in Connecticut.

04:08.39] She too agreed that the student should not be taken out of social studies. And she did say that because of his certification is in multilanguage,

04:19.13] it was not the highest quality of education for these students. But she did say it's a gray area he could teach reading under K through six.

04:29.70] But should he be teaching eighth grade intervention reading? I don't know. That's really a decision on teaching and learning.

04:38.27] But her name was Megan Alvaricki Flick. And she was the woman I spoke to at the state level.

04:45.67] I think that's about it. But really at the Bill of Rights, you guys could I did add that in at the bottom of the amendment.

04:55.85] So you could look at that as well. Thank you, Sheila. What remedies are being sought here?

05:04.38] Number one under the Bill of Rights, number two under 12 G. Yeah. So I added that on to the final part of my grievance originally,

05:14.99] which was to pay Mr. Kumail under Article 16 G nine thousand one hundred and fifty six dollars.

05:22.73] Also to provide essay with a copy of the official schedule, course codes and class rosters, because I had to go and get his rosters to show

05:33.64] that he was actually teaching the same kids twice a day under different jobs.

05:39.32] You know, he was teaching him under the reading and then under his ESL cert.

05:44.21] Identifying contractual and certification assignment letter, which he has an assignment letter that states he's an ESL teacher.

05:51.38] It does not say he's a multi language reading teacher, which we do have a job description for that.

05:59.69] But it's for the high school level, it's a multi language learner job description.

06:05.05] He is not teaching under that. He's teaching under his M.L. as an M.L. teacher.

06:12.43] So he would need an updated job description if he's planning on teaching, reading and M.L.

06:20.41] OK, and then so, Sheila, with respect, Andy, I'll get to you in one second.

06:24.18] With respect to the Bill of Rights, you mentioned that, you know, what would you like us to do if we find a violation of that?

06:31.94] Well, that's that to me is a problem because they're doing this in sixth grade as well.

06:38.02] They're taking students out of sixth grade and I don't know about seventh, seventh and eighth grade.

06:43.90] Students are coming out of social studies to go and to get support in reading.

06:50.38] They can come out of music, but they are not allowed to come out of content area classes.

06:55.65] And literally social studies has been identified as a content level class.

07:01.99] My solution would be you can't do that. I don't know how else you can say that. It's not good.

07:10.08] All right, I understand. Thank you. And then this is immaterial and Andy, I see you have your hand up.

07:14.85] But if you look at appendix, the appendices to the collective bargaining agreement,

07:21.57] the amount that you stated for if we find that there are two subjects being taught here,

07:29.84] MS in a middle school teacher teaching two subjects for this year is nine thousand and twenty one dollars.

07:36.27] Oh, sorry. That's OK. Yeah. For next year, it's ninety one fifty six.

07:39.58] And that's my photo game. Immaterial just pointing that out. OK, Andy, thank you.

07:44.00] Yeah, I just procedurally, since there's this additional information that's been supplied by

07:54.27] the union, I guess I just turned to Dr. Fernandez and say,

07:59.26] does I mean, you you rendered your decision at level two without that information.

08:06.78] So does this I don't know if you've had a chance to review the new information that was provided.

08:11.86] I mean, is this going to I guess what I'm questioning is like,

08:15.52] does this have to really be re reviewed at level two again because it's been amended.

08:22.37] Mike, if you're being muted, thank you for that.

08:32.75] I'll say that I did review the amendment that Sheila submitted and it would not change our level

08:39.59] two decision. So I think it's fine to proceed here. OK. Sheila, if you have nothing else to

08:46.43] add, then you would go ahead, please. I'm sorry. I just would really make sure that

08:52.75] as all teachers who don't have don't have a certification at ESL or are kind of that

08:59.23] of that nature, they do say there's four domains in ESL, speaking, listening, reading, writing.

09:06.97] And what the central office has decided was that reading one domain is considered the same as a

09:16.54] reading intervention, which is language live class, which is what I teach. So that's where

09:22.21] I think with the, you know, when when I received Dr. Fernandez answer, I was still a little

09:30.72] concerned that they're looking at this as reading as a domain. It's just part of learning ESL.

09:38.33] It's not a false class like I could if I'm not certified, I can't teach ESL.

09:45.47] I am certified in ESL, but I'm saying I couldn't, you know, if I wasn't,

09:51.13] because it is a separate class, it's a different class, it's not a reading class. And

09:56.67] as I've done, you know, college level classes, they've also agreed with the fact that reading

10:03.46] an ESL is not the same and they have struggled for a long time to make sure that is not looked

10:10.67] at upon by different school systems. Gotcha. All right, Mr. Fernandez, Dr. Fernandez,

10:20.49] you know, your time. Thank you, Mr. Vandevoort, appreciate it. I'm just going to start by saying

10:27.79] that I want the board to know that we, I and our team appreciated the opportunity to informally

10:35.78] work with the SCA on this particular case, as well as two others. We were able to resolve

10:43.15] informally two other situations involving two other teachers. We were not able to come to

10:50.04] agreement on this case, but I appreciated the cooperation and work that we did informally

10:56.90] to try to resolve most of this. So I'll say, you know, we see it differently. John likes

11:03.50] when I say that and we just, we see it differently. I, you know, in my level two decision,

11:10.65] I supported a decision that Ms. Cobanaris made at level one. Mr. Kumail is certified in TESOL.

11:19.10] He's assigned five sections of ML students. This is different than last year, where he wasn't

11:28.19] assigned solely ML students, where compensating him for two different subject areas was granted

11:36.61] last year. He is teaching under the four language domains, listening, speaking, reading, and writing.

11:45.54] And based on that, in my review, we do not feel that he is teaching two different subject areas

11:53.98] as written in the contract with the example of math and social studies. And I'll say initially,

12:00.20] I was around when this language was developed. It was for teachers that taught two core. Initially,

12:06.42] it was for two core, different core subject areas. Additionally, we did check with the

12:16.60] state on certification for Mr. Kumail to teach these courses. We know that as he had concerns,

12:24.44] he is appropriately certified as a TESOL teacher to deliver a literacy and reading intervention.

12:31.87] We know that firsthand. I know Ms. Baldari also consulted with the state regarding the concerns

12:39.33] around the multilingual Bill of Rights. And she could speak to what she was told regarding that.

12:49.17] So, we stand by our position that Mr. Kumail is not teaching two different subjects that require

12:55.57] payment of this additional $9,000 stipend. Okay, thank you. I have a couple of questions. So,

13:01.53] if we could focus on the thing from last year that you mentioned. So, I mean, can you distinguish

13:07.58] what occurred last year from what is being asked this year? Because, I mean, not to be overly

13:14.10] legalistic, but if you paid somebody for doing something last year that sort of creates an

13:19.66] equitable reliance interest, they'll get the same sort of thing this year unless it was clarified

13:23.74] in some way. But anyway, can you address that? Well, I'll say this year, we had a teacher

13:30.14] that was teaching, geez, I'm forgetting now. What was it Sheila, Mr.? Oh, the drama teacher?

13:39.03] Buresh? Yeah, he was teaching a drama class. And then in our class, it's journalism and drama.

13:45.38] And they, yeah, that would be an example. He did get, he was working under those two

13:51.55] different domains, but I don't even say domains, two different subject areas. And he now is being

13:58.45] paid this year because last year they considered him a reading teacher, I guess, I don't know.

14:04.79] And so that was that like Kumar was teaching a sixth grade reading class that was not necessarily

14:13.27] ESL students. They were a reading class. And then he was teaching ESL class. So that would

14:19.39] be my, I think what you're talking about is the difference. Am I right? Yeah. So that's why he

14:25.78] got the stipend last year. The distinction was that he had a group of students that were not

14:31.01] multilingual students. He's a TESOL certified teacher. All of his sections are with

14:39.21] students that fall under that certification. And even though he's teaching these two different

14:45.14] programs, he's working with all students that are ML students. I'll just give you another

14:50.46] example. And I'm just trying to come up with things. We have reading interventionists. Sheila

14:55.74] is one of them. Would we say if she taught two different reading intervention programs,

15:00.41] that she should be entitled to a $9,000 stipend. I would say no, she's a reading intervention

15:05.37] teacher. She's teaching reading. She's teaching reading. He's teaching. Mr. Kumar is teaching

15:13.05] the language domains of ML students. So that's how we see it as an example.

15:19.07] So I'm sorry for my stupidity. So last year he was teaching two things that were found to be in

15:25.94] different subject areas. So can I clarify? This is a grievance hearing and we can't have Ms. Bragg

15:37.93] interrupting the administration's presentation. If a specific question is addressed to Ms. Bragg,

15:44.71] then of course, but it's just disruptive. Ms. Bragg will have every opportunity to clarify

15:51.91] the position of the SEA, but it's a little more formal than a conversation here.

15:57.74] Thanks, Tommy. I found it not to be disruptive, but I'd take your point. All right. So Mike,

16:05.61] I'll first address this question to you. So last year he was, Mr. Kumar was found to be

16:14.31] teaching two different subject areas and that resulted in the stipend. And what were those,

16:19.67] can you repeat what were those subject areas? He was teaching reading intervention to non-ML

16:25.73] students. And then he was teaching his TESOL to ML students. So we have a distinction from this

16:40.18] year. This isn't necessarily dispositive, but I mean, that sounds like it's sort of to a lay

16:53.14] person that sounds like it's sort of in the same subject area, but you guys found it, I mean,

16:57.68] it's, you know, it's reading and then, and then, uh, and then an ML. So part of a ML teacher's job

17:06.28] is to teach reading. It's part of the four domains that they teach to ML students. Right.

17:14.75] That's not, um, pertinent to general ed students. I think that's the distinction.

17:20.57] Amy, if you want to elaborate on any of this, please do. Yeah. I mean, I would just say that,

17:25.40] um, our, uh, ML department has worked hard on, um, finding research-based interventions for our

17:33.62] ML teachers to use and also worked really hard, uh, with building principles and teachers to

17:40.77] identify which intervention, um, you know, is most effective to getting students to, uh, reach

17:48.01] their academic, uh, potential and exit ML. Right. So we have, uh, our students take the lost links.

17:54.49] We look at that data. We look at their, uh, I ready data and we, uh, you know, have students

18:00.33] who are ML students who are very strong in speaking and listening, but they're reading

18:04.69] and writing skills may be quite low still, um, which is really preventing them from accessing

18:10.03] the curriculum, but also exiting ML services. And so we're trying to match, you know, student

18:14.95] profiles, student data profiles with the right intervention. And so we have ML teachers in our

18:20.53] district with some groups, they're teaching language live and with other groups they're using

18:24.64] Lachieve. Um, and, and though the purposes of those programs are, are slightly different,

18:31.04] um, all intended to build the language and literacy skills of our ML students. So,

18:36.32] um, you know, Mr. Call is not the only one that's teaching, you know, two different types of

18:41.09] programs, um, with, you know, the same type of student, but that doesn't, uh, in our opinion,

18:47.75] doesn't necessitate that he's teaching different subjects. I'm going to send one clarification.

18:52.82] Mr. Vandervoort, uh, last year he was required to have two distinct certifications to teach those

18:59.78] two classes. So I hope that has taken into consideration. Mr. Kumal has a, I believe

19:05.45] it's a case six certification, which allowed him to teach sixth grade reading intervention.

19:10.97] Unlike this year where he's only working under his, um, T-SOL certification. Gotcha. Uh, Ms.

19:19.35] Bell-Dottie, well, while we have you, um, so I think, uh, Ms. Bragg, um, you know,

19:25.27] helpfully articulated what the administration's position is with respect to the bill of rights,

19:30.13] but, uh, could you, is there anything you would care to add to elaborate? Yeah. So in, in a, in a

19:36.25] perfect world, right, we'd have, uh, endless time in a school day to give students everything

19:41.63] that they need. Um, sometimes our students, um, require, you know, multiple types of intervention

19:48.39] and in a, in a six period day, um, when students need, uh, you know, ML support and, and special

19:55.89] education support or ML support and reading support. Um, if we, if they go, if they attend

20:02.25] the four core and then have two periods of intervention, they literally have no opportunity

20:06.93] to participate in art, music, PE, um, you know, any other exploratory. And that becomes a very,

20:14.08] um, I would say not a very fun day for a middle school student to be in four core subjects and

20:21.46] two interventions, right? That would be their entire day. So sometimes we have to make hard

20:26.45] choices and we are pulling out, um, some students, uh, at Ripple WAM and, and we've done this in the

20:33.62] past, um, for, for honestly quite a few years at, at our, at the middle school level for students

20:39.07] who are duly identified or for students really needing the support of language and reading. Um,

20:46.33] and social studies has been the area that, uh, we have found to be the best of a poor decision

20:54.23] that we have to make, I would say. Uh, social studies does not have its own, um, standards.

21:00.60] Uh, social studies relies on literacy standards. Um, while it does have its own content, um,

21:06.70] it doesn't have its separate set of standards. So, um, it is the, you know, best, uh, place

21:13.34] to pull out of, um, and we have, I've also talked to Megan as has Dr. Laura Green. Um, Megan, um,

21:22.38] understands sort of the constraints of a middle school schedule. Uh, this was actually brought up

21:27.66] at the social studies, um, state workshop, uh, as a problem of practice across districts where many

21:34.05] districts are struggling with duly identified students and students requiring lots of intervention

21:38.93] to, to reach grade level. Um, and it's, it's a practice that, um, you know, we are using with

21:44.92] a finite number of students. Um, and as students are, you know, able to, um, you know, improve

21:51.72] their reading skills or, uh, exit ML. Certainly we will return them to, uh, social studies. I think

21:58.44] we're, it's nine students, I believe in the eighth grade at, at, uh, Ripawam. My numbers might be a

22:03.24] little off. Um, but it's, it's, you know, we're not doing it for every ML student, right? And so

22:08.34] that's where Megan said, you know, I'm not gonna, I'm not gonna say I, you know, I support this

22:13.38] decision, but she understands the constraints and, and our responsibility. Um, and her ask was to

22:20.34] make sure that parents know this and our, our parents do know this. Um, Ms. Colman Harris has,

22:26.01] um, let the families know that this is, you know, what, what we are doing to support their children.

22:31.83] Um, and so, you know, it's with, you know, with full transparency that they are not in social

22:37.11] studies, that they are sort of getting a double dose of, of intervention. Gotcha. And Ms. Beldotti,

22:43.57] I don't know if this is best addressed to you or Dr. Fernandez, but, um, you know, the, uh, the

22:50.10] statements and the grievance or the allegations and the agreements regarding, uh, like updating

22:54.75] a job description, providing documents, providing timely notice of what somebody's teaching, uh,

23:00.45] where, you know, where those defects present here. And, um, do you have any comment as to

23:05.90] why they existed if they existed? Um, I'm not sure how to answer that. I guess I'll say that

23:15.42] Mr. Kumau was given an assignment letter and I didn't look at the assignment letter. My

23:23.15] understanding and if I'm incorrect, please correct me, is that he would be, uh, teaching, uh, TESOL

23:30.20] for his, uh, complete FTE. And that's what he's doing. I understand Ms., um, um, Sheila, Ms. Bragg

23:43.47] is a position on this, but, uh, there is a separate position at the high schools where they're

23:49.97] working specifically with high school students that are very low readers. Uh, we see this a

23:55.27] little bit differently. So I'm not sure there's a need to update the job description as she

23:59.83] requested. Um, he's working under his job description as a TESOL teacher. Gotcha. All

24:08.48] right. Uh, Ms. Bragg, I do have, uh, kind of a, kind of a question for you or an observation,

24:14.44] which I would like you to sort of react to. So if you look at, um, you know, if we look at,

24:18.92] uh, 16, 16 G in the, uh, in the collective bargaining agreement, so it says compensation

24:27.09] for teachers who teach two different subject areas at the middle school level, e.g. math

24:33.81] and social studies will be negotiated. Um, it's, you know, it's kind of a, it's kind of a steep

24:41.72] hill climb to find that something, um, that is sort of, you know, basically related in the

24:49.36] popular understanding here. I mean, like, you know, reading intervention and learning how to,

24:53.36] learning how to speak and read English, uh, those seem like they're in the same subject area to a

24:59.73] lay person. Um, you know, I mean, at least with the example here, given math and social studies,

25:05.75] I mean, feels more like sort of geometry and algebra than it does like, you know, I don't know,

25:12.35] algebra and, uh, you know, and, and, and physics or something. But, uh, even though those are kind

25:18.15] of related anyway, do you, could you kind of help me understand more? Yeah, I would tell, I would

25:23.27] disagree with that just because I'm certified in both. And I have recently just got my certification

25:29.83] in ESL and, um, it is completely different. You have variety of, um, multi-language learners in

25:39.17] a classroom where you're not sure of their historical background of education. So teaching

25:45.09] an ESL class is more exposure or acquisition of language, whereas reading would be looking at the

25:52.67] five domains of reading, which is fought, it could be comprehension, vocabulary building, um, and

26:01.87] looking at phonics based depending on if you're an interventionist or not. So it is a totally

26:08.85] separate, I had to go get certified in ESL just so I could be with students who are ESL and teach

26:16.31] them reading. They wouldn't have said I could have teaching, I couldn't teach ESL. And most to even,

26:23.74] so, so that's where I see the difference. And I also see the, the actual curriculum is very

26:29.70] different. The assessments are different. The, um, like I said before, how they're even the

26:36.50] standards are different. So I look at it a little bit differently, um, that there, I know you, it

26:42.78] sounds like reading and, and I think that's been the struggle for a lot of, um, people in ESL to

26:49.45] kind of break away from that reading. Because years ago they did say that reading kind of fell

26:55.77] under it. And the state was went against that because I used to teach, I read read 180 and some

27:01.93] of the ESL kit teachers taught that. And then the state department put an end to that. They

27:07.20] weren't allowed to teach read 180, you know, they would allow to have ESL because they had to find

27:11.64] another, um, state standard program for specifically for MLs. And that just took place in like

27:19.52] probably two in the early maybe 2000s. I can't remember when that was going on, but I was a

27:26.52] reading teacher at the time and the ESL teacher next door to me had to stop teaching read 180

27:32.51] and system 44 because it was a reading program. It was not an ESL program. And they were,

27:40.04] the state went, came down on Stanford as saying they couldn't teach that they had to get an ESL

27:45.59] program specifically. So I, I do see that I even struggle with the idea that Kumala is teaching

27:53.44] remedial reading because if you do look up the, the, um, the state standards of who teaches

28:02.15] remedials, it's clearly a 102. It does. If you scroll all the way down, you'll see remedial

28:07.75] readers as one Oh twos. You can teach reading. You're right. You can teach reading under a

28:12.86] K through six. He's teaching eighth graders. He's teaching it under his ML cert, which is

28:19.13] like, I, I, like I said, the director of, um, of ML said, you know, yeah, he it's gray, but

28:27.84] is he the high, most highly qualified? No. Is he okay? Yes. He's not good. Like

28:33.09] Ms. Baldotti said, you know, they, the, the state department did say, yeah, he could teach reading, but

28:40.51] is it the best qualified educator? No. And with my biggest problem, when I found out, like I said,

28:46.78] this came up in layers, like, you know, when I found out from a science teacher who was saying

28:51.82] to me, why does the social studies teacher have the ML kids leaving and not the science? And she

28:57.49] has all of the ML kids with no support. And she said, I have reading going on in my class. And I

29:03.30] said, I didn't know that he was pulling kids. I had no idea. So I had no, and because I went to

29:09.44] power school, I found out she's listing everything as ESL. That's not the case. It's the kids are

29:16.57] being pulled out of a social studies class for reading, which is against what I'm saying to you.

29:22.79] As I stated, it says all access to core grade level subject matter. That's what the state law

29:30.99] says. Ms. Bell Dottie, um, a question about, um, you know, the, when, when one is, when one is

29:39.27] teaching, uh, to multilingual learners, and if you're pulling them out of social studies,

29:45.18] I assume that these individual, I assume that these students are relatively proficient in

29:50.39] English to begin with. I mean, if they're in, if they're in social studies, um, you know, is it,

29:55.65] is it, um, if I, if I were looking to try to distinguish between, um, you know, uh, what is,

30:04.82] what's being alleged here is a different subject. What Mr. Kumala is doing, um, does he have to

30:12.33] have proficiency in a language other than English in order to be effective, uh, in one, you know,

30:21.22] in one of these things that he's doing, but not in the other, or is that, or is that, is that not,

30:26.69] it's your mind, a helpful way of looking at this. I, I just want to make sure I understand your

30:32.43] question. Does Mr. Kumala all need to be proficient in a language other than English? No,

30:37.10] that's not a requirement of a TESOL teacher. Okay. That would only be required of a bilingual

30:42.06] teacher who may be providing language in a student's native language. So our bilingual

30:48.34] teachers are, um, you know, they are, they are Spanish and English speakers, but a TESOL teacher,

30:54.70] that's not a requirement. Gotcha. Um, Andy, uh, Jen, do you guys have any questions?

31:02.41] Yeah, I have one, if you know, Ms. Braggart, or if he is there. So what is the, um,

31:10.77] what is his roster size? How many students does he have this year? Uh, I did highlight some. I

31:17.15] don't have an official, um, roster of kids. I do have, I, I, he just left to teach, I think he's a

31:25.57] coach somewhere. So I would have to get you those numbers, but I did, even if it's ballpark,

31:32.45] Amy, can you pull it up? Oh, that's right. Amy, Amy is looking it up. Do we know how,

31:39.94] does he have to do extra preps because of having these different differentiated students or what

31:49.04] you believe to be differentiated students? No, he's not required Andy to have any additional

31:54.89] preps. And I would, I would assume his overall caseload is probably very reasonable. Thanks.

32:04.61] Andy, I just wanted to, sorry, I'm still driving. If he's teaching, I was going to bring this up

32:13.35] before respect to what Mike had said about, uh, and I'm going to, I'm paraphrasing Mike. I'm

32:20.34] sorry about, you know, the high school level and whatever. And when Adam brought up, um, the, the

32:28.98] geometry and, and all that we do, I'm trying to make the comparison. I've been listening

32:34.69] intensively to, uh, Sheila and Mike and Amy and their explanations, as you said, prep. So I can,

32:42.92] we pay a teacher at the secondary level, 10% if they have more than four preps. Okay. And what

32:49.00] it's come down to here is, you know, we go by syllabi, we go by course number, we go by course

32:55.50] description. And I have had the conversation with teaching and learning in the district

33:01.14] many times and the best way and Amy can clarify, uh, if she needs to, the way the SCA looks at it

33:08.85] as is if there's a syllabi and a course description or a course of study that is different from a

33:16.77] different one, like CP and honors, we would count them as two. And we have an agreement with the

33:22.86] district that certain CP and honors, but can be, can be joined together, but they would still be

33:28.70] considered two preps. In this case, Mr. Kumail, they are two different course studies, you know,

33:36.37] one has one syllabi and description and one has another. And that is a prerequisite that

33:44.11] we look at. Now, Mike said, when the contract was changed, and with all due respect to Mike,

33:49.15] Mike's interpreting the contract language. He wasn't there when the contract language was

33:54.04] changed to, uh, pay a teacher at the middle school level. It used to be negotiated and

34:01.89] under Jackie Hefner, when she was president, it got changed to, you know, we came up with the

34:07.57] stipend of ninth, whatever the stipend is $9,021 or whatever it is, it doesn't mean that it needs

34:14.85] to be two separate, uh, courses. It could be a specialist who teaches art and then takes on,

34:23.43] um, uh, a math class or whatever. We have compensation for that, whether it's 20% at

34:30.92] the per diem rate or they're taking on another subject, but it was never intended that it needed

34:36.44] to be a course of two different core subjects. So I hope I kind of explained it a little bit

34:42.54] better. I don't know if I did Andy or not, but I'm hoping that I shed a little light on that.

34:47.65] Yeah. Uh, John, um, uh, um, art and, uh, what do you say? Art and math. I mean,

34:55.85] those sound like two, those are two different subject areas to me.

35:00.01] Well, that's what I was trying to say, but my understanding of Mike Adam was that, uh,

35:05.29] you know, it had to be two core content because the example, I think is math and social studies.

35:11.20] Yeah. Right. So the two different core contents, but it's just not specific to core content.

35:17.04] There's compensation in all different ways for, uh, if you're an art teacher and you're teaching

35:22.59] a math teacher, are you picking up a vacancy or, you know, so there is language to compensate

35:27.79] people. And in this case, what Ms. Bragg saying is reading is definitely different than the,

35:33.47] the T-Saw work that he's doing. And we would further say based on, you know, whether it's

35:39.39] course number syllabi, whatever it is, that's what distinguishes that it's two different things.

35:46.62] And that's why I was just trying to shed light on it that way for clarification.

35:50.78] They may disagree, but that's, I just wanted to put that out there.

35:54.72] Thank you. Ms. Bragg, I see you have your hand up and I found one of the reasons one of my

36:00.83] restitutions would be to get clarity on his class descriptions. And you had asked me how many were

36:06.43] in there. And one of the reasons why I asked for that was because I have period two ESL eighth

36:12.55] grade period for ESL eighth grade. And it is hard to figure out who are the reading kids and who are

36:19.23] the, the, um, the ESL kids because he's teaching them twice a day under an ESL listing of power

36:27.74] school. So that was one of the reasons why I was struggling to figure out. I had to go and find

36:33.24] out copies and I still don't have a completed list. And my other point to John, what he just said,

36:39.86] just so you're aware, there is a specific job description that is at the high school

36:45.94] called multi-language learning reading specialist. They have a 102 and an ESL. That's what they're,

36:53.80] it's required or asked for as the best possible solution. He has a job description as well as

37:01.83] ESL teacher. And then there's a job description for an English teacher. We don't even have a

37:07.83] job description for reading. So if he was hired under the multi-language learning reading teacher

37:14.90] as the high school teachers are, because they had job description, they just hired, uh, someone this

37:19.62] year for that. We could have had that in the, I would love to see that happen in the middle

37:23.91] schools that we actually have reading specialists with MLs. That would be perfect. But I don't

37:29.48] think in this situation, that's the problem here is he's pulling kids from social studies

37:36.36] that, you know, should not be being pulled number one. And number two, he's, there's no reading

37:42.48] certification. It's under two separate periods, two separate curriculums that have two separate,

37:49.85] you know, it's, it's not a domain. It is a domain in one class. But I'm saying

37:54.91] we have two separate curriculums, two separate periods as two separate assessments. I do

38:00.98] assessment for intervention. He does one for loss. So there's two separate everything that's,

38:08.34] that's where the concern is. Thank you. And just a thread that Andy touched on,

38:15.55] there's no assertion here that Mr. Kumall is doing more than four teaching preparations,

38:21.41] right? Okay. He does five. He does five. He does five individual preps. Yeah, we all do five. We

38:27.20] all in the middle school's different. Okay. Yeah. Okay. Can I, I just want to go back to Mr.

38:37.46] George's question. So he, Mr. Kumall has 47 students that he sees for ESL services. And then

38:45.58] he pushes in and co-teaches for another group of eighth graders, 27. They're probably some of,

38:53.50] some of those 27 in that room are his students that he pulls out. And then he pushes in and

38:57.86] supports them in their English language arts class. I just, I just want to clarify that we

39:03.54] do have a position at the high school. And the reason is, is that our high schools are four times

39:08.08] as big as our middle school. So we need a full-time person doing this work at the high school,

39:14.06] because that's what, that's what the need is. We don't have that same need for as many sections

39:20.12] at our middle school. So that's why we don't have a separate, but it does not require

39:26.17] two certifications. There's a whole list of certifications that are acceptable at the high

39:30.84] school level for this position. TESOL being one of them or reading, you don't need both. So I

39:36.04] just want to clarify that. Thank you. All right, Andy, Jen, if, if anybody has anything else to say

39:45.65] or questions to ask, if not, we can perhaps, perhaps move into our side session to sort out

39:52.08] the different threads there. I just wanted to follow up on a question of Ms. Beltati about

39:59.80] preps in middle school and what the expectations are. And by preps, I mean different class

40:11.97] preparations, not different subjects. Yeah, I, the, the language in the contract, I, I believe

40:19.76] speaks to the number of preps at the high school. Yeah, it's in, it's on page 31. It's, you know,

40:29.19] 16 F says if an, if an academic area secondary teacher is assigned and mutually agrees to more

40:36.79] than four teaching preparations, he/she will receive 10%. So Amy, just to clarify, the practice

40:47.54] in the district is that middle school teachers are not covered by that sentence. Yeah, not,

40:56.04] not in my, but he doesn't have that anyway, because he's teaching multiple sections of

41:03.08] ESL eight. So he wouldn't hit that number anyway, but that's never really been in my

41:12.55] history in central office, something that we've talked about that at the middle school level with

41:17.20] the number of preps. It's a high school because they are, they're teaching a variety of different

41:21.83] classes. The middle school tends to repeat their, you know, classes throughout the day.

41:26.31] I see. And just on this particular situation, how many preps would you say Mr. Kamal has?

41:33.92] Well, let me pull it back up. Three. And, and since you were able to say that, could you just

41:45.30] tell us what those three are? Sure. ESL eight, ESL six and ESL seven. Thank you.

41:58.40] Hey, Ms. Bragg, how would that, how does that reconcile to your statement of five?

42:06.51] I believe you may be on mute. Quiet. I'm trying to be quiet. So he has five classes. I mean,

42:16.68] he pushes into several and then he has two ESL, I believe in two reading classes. So he doesn't,

42:23.62] he does have to prep for two separate classes, one for reading for language live and one for

42:29.94] the, the other ESL class. And then he does go into and support classes in the language arts.

42:36.61] So would that take a Ms. Bell Dottie's three and move it to four or cause Ms. Bell Dottie said

42:48.29] there are three preps, ESL eight, ESL seven, ESL six. And you just said that there, that there,

42:55.13] that there is a distinction. There's a distinction there, which sounded like it added an additional

42:58.97] one, which moved from three to four, but you originally had said five. Five classes, Adam.

43:08.48] Okay. If I could chime in, I would agree with Mrs. Bell Dottie, Adam, and Jen and Andy and Tom.

43:18.27] It's rare. I can't even remember a time where an middle school teacher, although the contract

43:25.34] language is distinct when it says secondary. So it accounts first grade six through 12,

43:31.82] a middle school teacher prepping for four more classes is, I don't want to say, but it's almost

43:40.01] unheard of. In the day when we had CP and honors, it was, you know, and you taught your four classes,

43:46.52] you had two preps, you prepped for two CP classes and you prepped for two honors classes.

43:52.28] Now, if you teach grade six, seven, and eight, just, you know, content classes,

43:58.04] all right, you're, you're, you're a social studies teacher or a math teacher, one of the four major,

44:02.28] you know, content areas, your teach, your prepping really is for that one content area.

44:09.48] You may have to tweak it. You may have to, you know, based on your, your kids, but

44:14.68] it's, it's social studies, grade six. Okay. Where the high school, like you were saying before,

44:21.48] Adam, you know, I may be teaching five classes and I could have one, you know, I'm going to

44:29.03] make it up because the math has changed. I am one and I am two since I came into this seat, but

44:34.07] you may be prepping for four different classes, you know, trig, algebra two, I'm going to go the

44:39.03] old way, even though it's, I am one, I am two. The issue here isn't preps, okay. Or the amount

44:45.29] of preps that Mr. Kamal has. I think Sheila did an amazing job in saying, and I thought I clarified

44:52.09] it. We're talking about two different subjects, the reading portion versus the ESL T saw portion,

44:59.06] not the actual number of reps that he has to prep for. Because when you prep for reading,

45:05.46] you're, you're prepping for reading. Now he does prep grade six, grade seven and grade eight,

45:11.39] which most middle school teachers teach one grade, right? You're an art teacher,

45:16.58] whatever you're prepping for different grades. So I don't think Amy would, would disagree

45:21.14] or argue that six is different than seven and it's different than eight, but the majority,

45:26.64] right? But if you're prepping, if you're Mr. Kamal and you're prepping six, seven and eight ESL,

45:32.32] and then you're prepping at least one separate reading, maybe two, then we would come back and

45:38.25] say that would fall under the 10%. But the, the priority more here is that he's got reading,

45:44.96] which again is a separate subject area. We are saying that as Mike said, they don't see it that

45:51.78] way. And I think that's, that's the biggest part of this grievance, the pulling out of social

45:57.30] studies. Amy said, yeah, the state said, you know, we see what you need the lesser of two evils. We

46:03.41] had to pull them out of something. So social studies is the, you know, the least of pulling

46:08.37] somebody out instead of the ELA math or science will pull them out of cell studies because the

46:13.57] social studies is deemed reading. They're getting the reading in the ELA class. I followed what

46:18.85] Amy said there. So I guess the state saying, we don't want you to do it, but the lesser of two

46:23.89] evils. And when you got to do it, you do it. That's also a great thing. But here it is. He's,

46:30.11] he's prepping for two separate subject areas. And that's why Ms. Bragg did an amazing job saying

46:37.49] he's entitled to the stipend of the $9,021 while the other stuff, you know, pushed aside.

46:44.35] I hear you, Ms. Bragg. Yeah, no, I just wanted to say, and I, I agree with John, um, as far as

46:56.08] that piece, but I also would love to know at the state department, because I did talk to the

47:01.43] director who kind of said no content area should not be used to be pulled out. So I would love to

47:07.11] see where the central office found their resource for that. Cause I'd know they answered me in the

47:12.87] grievance, but I didn't get who they spoke to. Cause I did speak to the director of ML. Um, and,

47:19.58] and she didn't want to say, I asked her for something in writing. She did. She said it's

47:23.42] nothing legal, but there is a problem when there's a being pulled from content area,

47:29.15] because they are allowed to have equal access to education. And so that we are my biggest

47:34.22] concern. We spoke to the same person. I spoke to Megan, who we talked to probably almost every

47:39.09] day. Um, she, oh, we asked her the same question. Will you put that in writing? Um, no, I prefer

47:44.64] not to. Um, so we did have a conversation. It was at the social studies, um, workshop.

47:51.33] I'm forgetting the name of it. It's social studies. It's the, it's our cohort up at CES,

47:55.89] um, that we meet with monthly. Um, and it was brought up as a problem of practice again,

48:00.28] across districts. And so we need to talk to her both in that, that group, um, but also one-on-one

48:06.15] with Megan afterwards. And we asked her to put it in writing and she said, no. Okay. That's good

48:11.87] to know. I just, I really wasn't sure because like I said, I was very just talking to Megan

48:16.99] all the time. Yeah. Well, that's good. I, I just was very concerned over if this is a continued

48:22.83] practice of being pulled in sixth grade now and seventh and eighth. I find that pretty disturbing

48:29.00] because I truly believe that teachers should be differentiating in the classroom and helping

48:35.66] those students in the classroom and using their time to allow them to act with, um, learn the

48:41.10] language in the classroom. So I don't, I disagree with the idea of pulling kids out of any content

48:47.46] area because they are allowed to have equal access. Um, I, I just see, I see it as a problem

48:54.02] that if we start it one way, we're going to continue with that and that could be a problem.

48:58.46] So that's my concern. That's why I brought it into it. Once I heard the science teacher

49:02.93] complaining, I was like, wait a minute. This is bigger than just a Kumail issue. You know what

49:07.81] I mean? So, um, that's how it kind of got mixed in. Um, Mr. Van Der Hoard, you know what I mean?

49:14.24] No, I get you. And I view this as somewhat of an ancillary issue, but, but nevertheless,

49:19.38] potentially important. Uh, but you know, at the same time, the district is obviously

49:23.52] resource constrained and it's one thing for the state to put these, you know, to say this,

49:27.25] it's another thing for the state to, you have to try to comply with it. Okay. Um, does anybody

49:32.90] else have anything they'd like to say or else we can, uh, we can move into our separate session.

49:36.96] Nobody has anything else. All right. Uh, Jen Gonzalez. Yeah. We'd like to move over there

49:44.51] and everybody else, please stick around. This may just take us a minute to sort out the different

49:48.55] threads. All right. We are back, um, you know, actually exactly at three o'clock. Um, so, uh,

50:06.32] we deliberated and, uh, I make a motion to deny grievance, uh, 1026, um, for reasons that it

50:14.76] will be set forth in the opinion to be issued timely following this hearing. Is there a second?

50:20.73] Yeah. I see, uh, I see Mr. George, uh, seconded. And then, so we should have a vote all in favor

50:28.65] of, uh, of the denial of the grievance. Okay. Three zero zero. All right. Thank you very much,

50:36.87] everybody for, uh, your time and considering this and, uh, you know, we will, we, you know,

50:42.47] our opinion will be forthcoming and we'll see you later. Thank you very much. Thank you.