School counselor layoffs overturned; district to appeal
Every Philadelphia public school could have a full-time counselor in September, and dozens of laid-off counselors stand to be rehired, if a recently issued arbitrator's decision stands.
Every Philadelphia public school could have a full-time counselor in September, and dozens of laid-off counselors stand to be rehired, if a recently issued arbitrator's decision stands.
Handing the Philadelphia Federation of Teachers a significant victory, the independent arbitrator ruled that the district was out of bounds when it bypassed seniority in recalling laid-off employees, and that it was in violation of its contract by failing to have one full-time counselor at every school, union officials confirmed Tuesday.
The district has vowed to appeal the decision, throwing into doubt whether the changes will be in place when school opens in the fall. Adhering to the arbitrator's decision could cost the cash-strapped district millions of dollars it does not have.
The arbitrator's ruling applies to the district's 2013 recall of counselors, all of whom were let go that June in a budget pinch. Some counselors were recalled but not, as their contract dictates, in seniority order. Principals were allowed to choose the counselors they wanted for their schools. The PFT immediately grieved the district's actions.
Counselors must now be restored in order of seniority, the arbitrator ordered, and the district must issue back pay for the 36 who have not been rehired. The decision also orders counselors to be reassigned based on seniority and their preference.
But perhaps most significantly for the school system, arbitrator Ralph H. Colflesh Jr. also ordered a minimum of one full-time counselor per school, as stated in the contract. Fifty-five district schools do not have a full-time counselor.
"This is really a win for the kids," PFT president Jerry Jordan said Tuesday after a meeting to brief counselors of the news. "Bad things don't just happen the days a part-time counselor is in a school. The reality is, schools need counselors every day."
The ruling could have broad implications in a district that has begun circumventing seniority in assigning and rehiring employees.
Fernando Gallard, a School District spokesman, said the district plans to appeal to Common Pleas Court. The district has 30 days to appeal.
"We will seek an immediate stay, to minimize the disruptive effect the remedy would have on students and schools," Gallard said.
It would cost the district $3.4 million to hire enough counselors to have one in every building and millions more to pay back wages.
"It is not that we do not want to invest in counselors," Gallard said. "It's that we do not have the funds."
Gallard said the district was also concerned about the arbitrator's order that counselors be reassigned based on seniority and their preference. "That's not based on the needs of the students in the schools," he said. "That's very disconcerting."
Jordan said it was the PFT's "hope and expectation" that every school would have a full-time counselor in September. "You just can't deny children the services they need," he said.
The ruling was a hopeful sign for Robin Hart, who worked as a counselor at Central High School until being laid off in June 2013. She worked almost 10 years in the district.
She spent a year hoping to be recalled, then went back to school to get another certification. She has gotten some work as a substitute teacher at charter schools, but still hopes to return to work as a counselor in the district.
"I had to exhaust savings," Hart said. "All my bills have been paid, but it's been a challenge."
Beyond the financial strain, knowing that many schools limp along without adequate counseling services is a worry to Hart, who grew up in Philadelphia and graduated from public schools.
"It breaks my heart," she said.
Pam Turner-Bunyon was laid off for two months before she returned as counselor of Feltonville Intermediate School, where she worked before the layoff. But the upheaval meant she spent a year as the only counselor at two large schools, a job that felt impossible many days.
"There were times that I was dealing with real mental health crises at both places," said Turner-Bunyon, a 15-year district veteran. "I can't be in two places at once."
Ruth Garcia, who now works part time at Shawmont Elementary and part time at McCloskey Elementary, said she "jumped up and down" when she heard the decision.
"It just validates the needs of our students and our communities," said Garcia, who was laid off for two months in 2013 but was recalled to split her time among eight schools.