Settlement of 2012 Lawsuit on Evaluations and Layoffs [4.16.13]

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The DFT and the DPS reached a settlement agreement [Download here] which resolved a number of disputes -- one of which was the lawsuit challenging the flawed evaluation, layoff, and recall procedures used by DPS. Approximately 422 teachers were laid off as a result of those flawed procedures, which were neither negotiated nor agreed to by the DFT.

Some of the highlights of the settlement are as follows:

  • Teachers who received an evaluation score that did not make them "eligible" for retention shall have those scores expunged from their permanent record.
  • Teachers who received a score that made them eligible for retention may, upon their request, have their scores expunged as well. Given that the evaluation process was severely flawed we are asking ALL DFT MEMBERS TO HAVE ALL SCORES EXPUNGED FROM THEIR RECORD! A flawed evaluation, positive or negative, IS INVALID!
  • While some teachers are being recalled right now, the remaining teachers can expect to get recalled and placed no later than the beginning of the 2013-2014 school year. We believe that all will be back given the anticipated number of retirements, resignations, and other separations from DPS.
  • Due to changes in the Michigan Teacher Tenure Act by the Michigan legislature, the DFT was not able to seek back pay as part of the settlement. 
  • Aside from using the lawsuit as leverage to compel the Emergency Manager (now Emergency Financial Manager) to negotiate an Agreement regarding wages, working conditions, etc., we were also motivated by the desire to have affected members back to work as soon as possible.
  • Going through with the lawsuit, because of the path we chose (depositions, interrogatories, exhibits, etc.) would have meant the trial likely would not have begun until September or October. That would mean that at best some of our members may not have returned to work until the second semester of the 2013-2014 school year, or even the beginning of the 2014-2015 school year.

Our objective was always to see our members back to work as soon as possible. This settlement, copies of which are available at the DFT office, makes that possible.

In Solidarity,

Keith Johnson, DFT President