Montclair School District Plans To Sue Teachers Union (UPDATED)

MONTCLAIR, NJ — NOTE: This article has been updated with a statement from the Montclair Education Association.

Is it safe to reopen Montclair's public schools amid the coronavirus pandemic? That may be a question for the courts to decide, officials say.

On Tuesday, Superintendent Jonathan Ponds announced that the district is planning to sue the local teachers union, the Montclair Education Association (MEA), in an attempt to reopen for in-person classes.

Recently, the district was forced to hit the brakes on its plan to switch from all-online classes to a hybrid model when it couldn’t find enough staff members to run its schools.

• See related article: School Reopening Battle Continues In Montclair

Since then, the union has entered mediation talks with the district in an attempt to find a pathway forward. But those talks haven’t produced results, Ponds said.

“As you know … members of my administration, legal counsel, and I have been negotiating with the MEA through a mediator since January 23 in an attempt to reach an amicable resolution to enable the elementary school teachers and our elementary and K-5 special education students to return to hybrid, in-person learning,” Ponds wrote.

“Regrettably, I report to you that no resolution has been reached,” Ponds said Tuesday.

“We continue to provide additional documentation through the mediator and our talks remain open,” Ponds continued. “We understand the MEA’s need to feel certain that the district has secured a safe working environment.”

Reacting to Ponds' statement, MEA President Petal Robertson said that the union was “extremely disappointed in the district,” which she charged has “sowed seeds of doubt and resentment between parents and educators, in addition to "violating the mediation process.”

“The MEA has been and will continue to advocate on behalf of our students and staff and their families,” Robertson said. “And, as for going to court, the superintendent has threatened us with litigation time and time again, despite our many requests to handle our differences through restorative practices.”

“The MEA commits to leaving no stone unturned in our efforts to provide safe schools for our community,” Robertson said.

Read the MEA’s full statement below.

There are more than 1,000 local public school employees that belong to the Montclair Education Association, including teachers, paraprofessionals, nurses, secretaries, operational aides, certified support staff, custodians and building/grounds staff.

SUPERINTENDENT: ‘THE STATUS QUO CANNOT CONTINUE’

Ponds released the following details about mediation efforts on Tuesday:

“We offered proposals to move forward with good faith mediation. First, we proposed using rooms across buildings only where HVAC equipment exists, and ventilation has been working (specifically the 181 “green rooms” originally identified by EI Associates in its October 16, 2020 report). Finally, we proposed that kindergarten and special education staff and students begin in-person teaching and learning utilizing the Charles H. Bullock School, constructed in 2010. Our expectation was that following these agreements, we could then continue to address further concerns raised by the MEA. We also considered allowing teachers to report to in-person instruction for four hours, while working the remainder of their day remotely and off campus. Staff was assured that they would be provided with all appropriate personal protective equipment (PPE) upon return to in-person instruction.”

“The status quo cannot continue; therefore, and with the support and direction of our Board of Education, I see no other option but to instruct our legal counsel to file a lawsuit against the MEA for a physical return to school,” Ponds said.

The superintendent said he’s moving forward with the legal action against the MEA with a “heavy heart,” but that it’s a necessary step at this point in time.

“I was hired by this Board of Education to educate our children,” he said. “We have children who are suffering. Our children need the support and education provided by their teachers. Many of our children need the structure of in-person learning and the socialization that comes with being in a classroom with their peers, even if socially distanced.”

Ponds continued:

“If we maintain the status quo, no one prevails. Our staff is discouraged and defeated. Our parents are frustrated. There is a rift in the relationship between our community and our educators. I cannot in good conscience support this status quo. When forced to make a decision between competing interests, I will always do what is best for our students. I implore our teachers to return to the classroom for the benefit of our students, those who we have all been called to serve. And, I am committed to forging a trusting relationship with the MEA, the staff and the community.”

“You have my guarantee that I will continue discussions with the MEA and the mediator despite the filing of the lawsuit,” Ponds concluded. “As I also said on Friday, my belief is that a reasonable outcome can be developed collaboratively by all the stakeholders with our students’ best interests in mind. We seek to find a balance among many variables so that our students can begin an in-person experience and our teachers are confident that they will be provided a safe environment.”

UNION: 'WE'VE BEEN SUCKER-PUNCHED'

The MEA released the following statement in response to Ponds' announcement on Tuesday.

“The Montclair Education Association has been willing to work with the district to ensure safe schools and instead the district repeatedly lies and obfuscates the truth. Even now, in Dr. Ponds’ statement of Feb. 2, “Weekly Community Message No. 8,” he violates the conditions of a confidentiality agreement that both parties mutually approved with the state’s mediator. Like you, the association learned about the district’s actions in disclosing confidential discussions via the weekly update with no advance notice from the district – not out of courtesy, not out of working to build a relationship with the MEA, not with any sense of integrity. The mediation process is ongoing, and we have refrained from violating the parameters set forth by the mediator, as a sign of our trust and good faith, which is why we have not henceforth come forward with any reports on the discussions being held at the table.

“Instead, we have been sucker-punched by a district that cries wolf, when there are mounds of proof of the district’s negligence in preparing buildings for students, continued lies about second walkthroughs, and a purported desire to work with the MEA, while attempting to cast blame upon the staff. Furthermore, Ponds references that certain classrooms are already prepared to receive students and staff. However, his purported plan fails to take into consideration the organizational needs of students, staff, and parents — regarding things like bussing schedules, cleaning and sanitizing needs, classroom rosters and which staff are staying remote for health reasons. His promise that schools are ready is a hollow one, smoke and mirrors meant to distract our community from the false narrative he is trying to paint with himself as the ‘fixer’ and ‘part of the community’ and that the MEA is ‘unreasonable.’ And, yet he repeatedly violates our trust, this very message ‘Weekly Community Message No. 8’ is a clear indication of his complete lack of credibility.

“In fact, in ‘Weekly Community Message No. 7’ posted on Friday, January 29, 2021, Ponds states, ‘this is a sensitive situation and because we are currently in mediation and working with legal counsel, we do not want to compromise either process. It is important for everyone to feel heard, know that their safety is paramount, and that we reach the common goal of getting our students back to the classrooms.’ And not three days later, he compromises the integrity of our mutually agreed upon commitment to the process and confidentiality. He shares his ideas without context and ignores the fact that he has failed to consider the important details needed to make such a plan work. He has still not provided the documentation of repairs, improvements and protocols that the MEA has been asking for since October. Documentation that would, if it existed and was provided, assuage concerns and point to a viable plan of action in getting buildings ready. However, this is par for the course with the MEA’s interactions with Dr. Ponds.

“Ponds implies in his ‘Weekly Community Message No. 8’ that the staff is not teaching or working, that we don’t care about the students, and that there is a rift between the parents and us. He couldn’t be further from the truth. We absolutely care about our students, which is why we have been asking for documentation that the schools are ready since October because we want to ensure the best learning environment for both students and staff. We absolutely have been working every day since September 1 by contract. We worked all summer taking professional development to prepare us with additional tools and strategies for virtual learning. What part of that statement sounds like we don’t care and we’re not working? As for the alleged rift that he has tried to create that stands between educators and parents, he is out-of-touch with the community. His reference to concerned parents is a small and vocal population. At the same time, he negates the needs and wants of the rest of the parents and caregivers and our community members who stand beside us, demanding safe schools. He fails to understand what our schools and our community stand for and value. We want to collaborate and build trust with the administration. However, Ponds is too single-minded to talk with us and come to a resolution, more interested in causing a distraction from his inability to lead.”

REOPENING MONTCLAIR'S SCHOOLS: RECENT ARTICLES

Catch up on some of our recent coverage of the school reopening debate in Montclair below (click headlines to read articles).

Montclair Teachers Union: Here's Why Reopening Schools Is Unsafe

The Montclair Education Association says its 1,000 members are being turned into "scapegoats" amid the coronavirus pandemic.

Montclair Parents Protest At Edgemont: 'Open Our Schools'

Montclair parents rallied outside Edgemont School, laying empty backpacks on the front lawn to represent their children.

Montclair Mayor Calls For Unity As School Reopening Debate Rages

Sean Spiller: "Everyone wants a safe return to in-person learning as soon as possible. That includes parents, educators AND administrators."

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