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Judge to Phila. schools: Hire back counselors

Dozens of Philadelphia public schools could get full-time counselors, and more than a dozen Philadelphia school counselors could get their jobs back, if a judge's order stands.

Dozens of Philadelphia public schools could get full-time counselors, and more than a dozen Philadelphia school counselors could get their jobs back, if a judge's order stands.

Common Pleas Court Judge Linda Carpenter on Friday denied the Philadelphia School District's request for stay of an independent arbitrator's order.

In 2015, arbitrator Ralph H. Colflesh Jr. handed the Philadelphia Federation of Teachers a significant victory, ruling that the school system was wrong to bypass 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.

Colflesh ordered the district to rehire counselors who were laid off in a 2013 budget crunch and never rehired. That June, the district laid off every counselor, later recalling some, and not in order of seniority.

Nearly three years later, more than a dozen remain laid off, according to PFT lawyers.

Part of the arbitrator's order would have given the laid-off counselors back pay, but the PFT did not ask for that part of the award to be immediately enforced because of the district's ongoing budget crisis.

Most significant for the district, the arbitrator's decision would mean that the school system must honor its collective bargaining agreement and ensure one full-time counselor at every school. Several dozen schools have only part-time counselors.

It also creates ripples in the district's practices for assigning and rehiring employees - since the 2013 layoffs the Philadelphia schools have often circumvented seniority when making these decisions.

Raven Hill, a School District spokeswoman, said the district would not comment on the order or say whether it would appeal, because it had not yet seen the order. An appeal could mean the district would not immediately hire the workers back or place counselors in every school.

In the past, district officials have argued that while they place a high priority on counselors, they don't have the money for one in every school.

School officials, who estimated it would cost more than $3 million to hire enough counselors to put one in every building and millions more to pay back wages, also said that honoring seniority would cause upheaval for children.

"We're not asking them to do anything that's going to disrupt the school year," said Ralph Teti, a PFT lawyer.

Jerry Jordan, PFT president, said he was delighted by the Friday ruling.

"Beyond a doubt, the children need to have counselors in every school," Jordan said.

"I hope that they follow the judge's ruling," Jordan said, "but their past history has shown me that they will more than likely appeal."

The timing of the order is significant. National School Counseling Week was celebrated this week.

kgraham@phillynews.com

215-854-5146@newskag

www.philly.com/schoolfiles