Archives for category: Louisiana

This is very puzzling. Standardized tests usually arrive with seals or stickers so that no one can read them without authorization. In the case of the PARCC test administered in Louisiana, there were no seals or stickers. Students could flip ahead to the next day’s tests.


That has raised concerns among some critics of the test, and the related Common Core national academic standards, that the partnership test made it easier for students to get a head start the content of the next unit — or even for administrators to get a look and prepare a study guide for students.


Those concerns are only the latest to be aired in the most controversial and politicized public school testing period that Louisiana has seen in years. Gov. Bobby Jindal’s opposition to Common Core and the national tests, and a vocal but small test-boycott movement, put extra pressure on educators. Low test scores may mean that charter schools close, voucher schools get cut off and conventional schools get taken over by the state.


State Education Department officials said the new booklet didn’t cause problems. But at least three New Orleans schools ran into trouble. And some educators expressed fear that the new test format will give their critics, and opponents of Common Core, yet more reason to doubt.


If scores unexpectedly go up, will it have something to do with the lack of security?

Politico gives
us the latest crazy update about “education” in Louisiana. Why don’t the politicians just go away and let teachers teach?

“BUDGET CLASH ON THE BAYOU: Louisiana Gov. Bobby Jindal releases his budget proposal today – and teachers and parents are anxious. Louisiana faces big-time fiscal woes [ ] that will require deep cuts. And Jindal has made clear he’s furious with many of Superintendent John White’s policies, including implementing the Common Core and using PARCC questions in the state tests. Put those two dynamics together and you’ve got a sizzling stew of rumors that education will take a big hit. Kristy Nichols, Jindal’s commissioner of administration, wouldn’t divulge budget details, but she told Morning Education that she and the governor “do have concerns with how much the department is spending on standardized tests.” Nichols said “there will be reductions” to education but added that White will have discretion in managing the cuts. “We cannot say it won’t have any impact,” Nichols said. “That will be up to the superintendent.”

– Before he even saw the numbers, White was fighting back. In a press call earlier this week, he scoffed at the idea that he could reduce spending simply by cutting tests aligned to the Common Core. “It is important to know that accountability and standardized testing are the laws of this state,” he said. “You cannot eliminate them by virtue of not putting them in the budget.” White also pointed out that scrapping the annual tests would violate No Child Left Behind and jeopardize $800 million in federal funding for Louisiana schools. “That would be crippling,” he said.

– Jindal’s chief of staff, Stafford Palmieri, shot back with a statement accusing White of threatening calamity if he didn’t get his way with the Common Core. “John White and President Obama want to bully moms and dads into accepting Common Core’s federal control of our children’s education,” she said. “We’re not going to be intimidated by their fear tactics.”

– In related news, a federal judge has ruled that Louisiana Gov. Bobby Jindal’s case against the federal government over the Common Core has a right to be heard in court. The ruling has nothing to do with the merits of the case, merely allowing the case to move forward. A hearing is set for May 28 in Baton Rouge. The ruling: Jindal also railed against the Common Core at the Conservative Political Action Conference on Thursday:”

For a decade now, we have been told again and again by the national media that New Orleans is a “miracle” district. City after city, state after state, wants to be like New Orleans. In Michigan, Governor Rick Snyder created the Educational Achievement Authority, which has been plagued with mismanagement and has shown no progress for the students in Detroit. Governor Snyder appointed an emergency manager for financially strapped, low-performing Muskegon Heights, and the emergency manager turned the students and schools over to a for-profit charter chain; after two years, the chain decamped when it was clear there would be no profit. Tennessee created the Achievement School District, where the state’s low-performing public schools were gathered, turned over to charter operators, and are supposed to be in the state’s top 20% by performance within five years; the clock is ticking, and there is no reason to believe that the five-year deadline will be met. The public schools of York City, Pennsylvania, have been promised to a for-profit charter chain.


And now Georgia’s Governor Nathan Deal has an idea. He wants Georgia to have a Recovery School District, just like New Orleans. Here is the formula: wipe out public education and replace it with privately managed charters; eliminate any teachers’ unions; fire veteran teachers and replace them with Teach for America. What could go wrong? Note in the linked article that the enrollment in New Orleans public schools fell from 65,000 before Hurricane Katrina to 25,000 or so today. This makes comparisons pre- and post- tricky to say the least.


No matter. The boosters are still claiming dramatic success.


But along comes Mercedes Schneider, who managed to get the full set of ACT scores for the state of Louisiana. For some reason, the State Department of Education was not eager to release those scores. You will see why.


Mercedes wrote more than one post. They are collected here. The details are in the individual posts.


She begins the second post like this:



It is February, and at my high school, that means scheduling students for the next school year. During two of my classes today, our counselors were in my room explaining to students the Louisiana Board of Regents minimum requirements for first-time college freshmen who wish to attend a four-year college or university in Louisiana. These requirement are the result of legislation passed in 2010 and phased in over four years, the Grad Act.


One requirement is a minimum score of 18 on the ACT in English and a minimum score of 19 on the ACT in math.


Even though Regents also has an ACT composite requirement, one can readily substitute a high GPA in place of a lacking composite.


However, that 18 in English and 19 in math is virtually non-negotiable. An institution might be able to conditionally admit some students in the name of “research”; however, there is not too much of this allowed, for Regents states that the two ACT subscores are the most widely acceptable, readily available evidence that a student would not require remedial college coursework in English or math– a rule effective for all Louisiana four-year institutions of higher education effective Fall 2014.


Thus, the first graduating class affected by this Regents rule is the high school graduating class of 2014.


Remember those numbers: 18 in English and 19 in math.


Schneider continues:


Some highlights from this data:


Of the 16 active New Orleans RSD high schools, five graduated not one student meeting the Regents 18-English-19-math ACT requirement. That’s no qualifying students out of 215 test takers.


Another six RSD high schools each graduated less than one percent meeting the requirement, or 16 students out of 274 (5.8 percent).


Out of a total of 1151 RSD New Orleans class of 2014 ACT test takers, only 141 students (12.3 percent) met the Regents requirement. Eighty-nine of these 141 attended a single high school (OP Walker, ACT site code 192113).


By far, OP Walker had the highest number of Regents 18-English-19-math-ACT-subscore-qualifying class of 2014 test takers (89 out of 311, or 28.6 percent).


If the OP Walker were removed from RSD-NO, then RSD-NO would be left with 52 qualifying students out of 840, or 6.2 percent.




Notice also that the average ACT composite scores of those meeting the Regents 18-19 requirement (column G) are all above the 18 that LDOE focuses on as a minimum mark of success.


Clearly the theory of “raise the bar and achievement will rise” is not playing out in the New Orleans RSD when it comes to meeting the Regents minimum requirement of an 18 in English and 19 in math on the ACT.


No miracle here. Only more data that Louisiana Superintendent John White wishes he could hide.







James Kirylo explains here why his son will opt out of the PARCC test. He reminds his local school board that State Superintendent John White has often defended vouchers by saying that parents know what is best for his child. Kirylo says he knows what is best for his third-grade son: not to be subjected to hours and hours of pre-testing and testing. He wants him to love learning, not to be subjected to a grueling regime of finding the right answer. Kirylo happens to be an expert in early childhood education who has written frequently about developmentally appropriate education. Now, as a father, he is acting in the best interest of his child.
Remarks to Tangipahoa School Board
Amite, Louisiana

Why my Son will Opt Out of PARCC
(Enough: Stand Up, Speak Out, and Opt Out)


James D. Kirylo

While I am a professor of education, I don’t come here to speak in that official capacity, but, rather, as a parent with two children attending a public school in the state of Louisiana.

The theme of my remarks is related to Common Core State Standards (CCSS), Partnership for Assessment of Readiness for Colleges and Careers (PARCC) testing, and standardized testing in general, obviously politically charged interrelated topics.
But, then again, education is political at its core, no more exemplified when Governor Jindal was for Common Core before he was against it, and not to be outdone, Senator Vitter was against it, before he was for it, to be back against it. And, now more recently, the Governor and the Louisiana Board of Elementary and Secondary Education (BESE), headed by Chas Roemer, are in a cat fight regarding PARCC testing, with many others now jumping into the fray.
And so, of course, it should not be any great wonder that so many people around the state are scratching their collective heads regarding Common Core and PARCC, no more tangibly experienced by teachers, felt by the parents, and imposed on our children.
I think it is fair to say Common Core should be taken with a relative grain of salt simply because some of it just makes no doggone sense. For example, it is not uncommon my Antonio, a third grader, will ask me how to do a particular homework math problem, and I will have no earthly idea how to do it. So I respond to him, son, please explain to your teacher that your daddy doesn’t know how to do this one. And, I jokingly suggest to my wife that his teacher probably doesn’t know how to do it either that is why she sends it home to see if the parents can figure this thing out. Because it makes no doggone sense to her either. And so it goes.
To the central point of what I want to share, which is to let this board know that my son will be opting out of PARCC testing. There are many reasons for this decision, some of which I will communicate here.
Wasn’t it Mr. John White, the unqualified Louisiana Superintendent of Education, who said on more than one occasion that parents know what is best for their children? Well, I can unequivocally tell you that opting out my child from PARCC is best for him. I encourage other parents to do the same. And, parents, don’t let anyone coercively tell you different, with a bullying tactic how opting out will negatively impact schools’/teachers’ scores. You have the right to opt out. And opting out of PARCC does not mean one is agreeing to take some other replacement standardized test.
The issue for me here is not only the PARCC assessment tool, which is symptomatic of a warped system, but, rather, the critical concern is also the entire testing industrial complex that is poisoning our schools. There are those who claim these standardized tests as they are currently being used are what strengthen our accountability system. But, I say that is misguided thinking coming from a bully pulpit that is using these tests in an effort to shamelessly control schools, teachers, parents, children, and entire communities.
My son is very conscientious child, and his teacher recently shared with me that he likes to think through things, loves to read, and is doing well. That brings this father much joy that what he is doing at school is the same what does at home. As I have told my two young boys, my other one, Alexander, who is in first grade, I have no interest in them focusing on getting an A. They don’t need that artificial burden.
Rather, what I am interested in is that they try their best, faithfully apply themselves, listen to the teacher, and question the teacher. There are two principal tasks of the teacher. First, a teacher must work diligently to tap into the natural curiosities a child brings to the class. Second, and perhaps most importantly, a central goal of the teacher is to inspire. Why? Because inspiration moves us. Inspiration is the fuel that feeds the learner to fall in love with learning. If and when a teacher does that, the world is a child’s oyster.
As I understand it, part I of PARCC is scheduled to take place March 16-20. During the course of the week, eight year old children will endure over 6 hours of testing. But of course, that is not enough of testing. Enter in Part II of PARCC, which will take place May 4-6 in which students will endure another 3 hours and 30 minutes of testing.
That is not to mention, that between that time ILeap will occur on April 14 and 15, where these same eight year old children will yet endure another 2 hours and 45 minutes of testing. And let’s not forget the Mock Testing that is to occur. Add up all those hours, and that comes to over 11 hours of testing. In a span of three months, an 8 year old will spend more hours subjected to standardized testing, which translates more than what I withstood throughout my entire K-12 schooling experience.
Of course, this does not include the months of testing practice, testing talk, and as we get closer to testing days we will have balloon send offs, pep rallies, and the like. These dog and pony shows are really not for students, but for the adults involved in the system who are under tremendous pressure, running on scared on how they will be judged by this perverted system. Perhaps, as the thinking goes, if we have a pep rally, the child will be “motivated” to do well on the test, and then our school will get a good grade. After all isn’t education all about ratings, scores, and percentages.
But, it doesn’t stop there. We tell children to get enough sleep, eat right, and frighten the daylights out of them on how important these tests are. What I speak is not hyperbole; this is reality.
As a result of this fabricated environment, young children are unnecessarily under great stress, fearful, dealing with bouts of panic, crying spells, apathy, sleeplessness, and depression, playing havoc on their self-worth and motivation, ultimately equating that schooling is simply about passing a test, leading some to even drop out. And the most affected are the poor, the ones without a voice. Make no mistake, these created conditions fall right in the lap of policy makers, many of whom chief among them sit on BESE, and enforced by the school board such as this one, and applauded by many others holding public office.
Evidently, BESE has become so blind to the poison they are injecting into our youth that they don’t even see our children anymore. Peter Sacks is spot on in his brilliant book, Standardized Minds (1999), “The accountability crusade has been dramatic and emotionally wrenching for many, and yet it operates with utter, bureaucratic coldness” (p.68)…. Regarding her son’s achievement on a standardized test, one parent put it this way: “Teachers were mesmerized by the numbers…They were in awe of him. Because he did so well on the test, in a way they didn’t see him. They saw him as his test scores” (p. 65).
For the last approximate 20 years, Education Week, publishes an annual Quality Counts State by State Report Card. What did Louisiana receive this year on K-12 Achievement? D- (49th in the nation). Every year for the past near two decades, the state of Louisiana has been hovering in that score range. And every year, we then predictably respond with more of the same rhetoric that centers around preparing for standardized tests. Except each year it becomes more heightened, more emphasized, more high stakes, and a whole lot sicker.
This is madness. I imagine all of us are familiar with the definition of insanity, which is doing the same thing over and over again, and expecting different results. This definition is credited to Albert Einstein, who, by the way, would have been labeled a failure in an era of high stakes testing.
And speaking of No Child Left Behind (NCLB), and now moving into Race to the Top Program, which is linked to Common Core and PARCC, Dr. Diane Ravitch, one of the most respected education scholars in the nation, puts it this way, “After 13 years of federally mandated annual testing, how could anyone still believe that testing will improve instruction and close achievement gaps?” (
Well, I don’t, Dr. Ravitch. Excellent teachers, don’t. A plethora of concerned parents, don’t. And, high achieving countries, don’t. But, obviously, Dr. Ravitch, it appears that many policymakers in the state of Louisiana still do.
Let’s be clear, standardized testing has extraordinarily narrowed the curriculum, even has dumbed it down, impelling teachers to simply focus on prescribed areas of certain disciplines that will be tested. As a consequence, the arts in all its forms have greatly been deprived; the same for physical education; social studies and the sciences have received less attention; and, particularly for the very young, the idea of play and recess has been dismissed as frivolous. Clearly, the joy of learning is being systematically sucked out of curious children in a schooling environment that is riddled with fear (Solley, 2007).
Of course, assessment has its place in school. That is not being questioned here. And the ultimate goal of assessment is to improve teaching and learning. But, when it comes to our obsession with standardized tests, they have not only harmed quality teaching and meaningful learning, but also have chased good teachers away.
This is not to mention, the costs of them, so much so that the standardized testing industrial complex is a multi-billion dollar enterprise. We often hear that school systems are short of monies. My response to that is, no; they are short of priorities in which many dollars, much time, and much energy places its trust in the testing industry.
In the final analysis, it is no wonder, therefore, that numerous professional organizations, educators, and researchers from all over the world have admonished such a system. But more importantly, a sleeping giant called parents are waking up to this madness, and proclaiming, “Enough!” And that is why I am here.
Many will say, okay, what is the solution. I understand that. And there is no one solution, no one silver bullet, but collectively there are alternatives. However, before talking solutions, we need to be sure that there is an awareness of a problem.
Particularly among many in policy making positions, it appears that awareness is as dim as a small pen flashlight running on a weak battery. Many don’t see the problem. One can’t work on solutions, until awareness is more forcefully illuminated. And once that happens, the lighted path toward solutions will be guided by what can be.
In the end, our current system fundamentally functions by promoting competition, which inherently fosters a system of winners and losers, a system in which some are in and some are out. This kind of system is perpetual.
However, on the other hand, I don’t view a system of schooling as one that is steered by competition; rather, I view schooling as an endeavor in which learning is the focal point, in which cooperation and collaboration is the anchor, and in which the entire community works in concert to transform its citizenry.
In closing, it is for these reasons and others my son will be opting out of this testing madness. Parents all over the country are opting out, including a growing number in Louisiana. In addition, teachers all over the country are also joining forces, and saying enough and are refusing to administer something they know is developmentally inappropriate.
I strongly urge parents all over this parish to join me, to join the chorus of parents around this state, and proclaim enough, and opt out. I urge my colleagues at Southeastern Louisiana University, Louisiana State University, and other universities to speak out more forcefully, and say enough.
As I see it, we have two choices here: We can either continue to submit to the narrative of an unqualified state superintendent, a power hungry Louisiana Board of Elementary and Secondary Education (BESE), and an out of control testing industry, all of which is backed by corporate greed, in an effort that arrogantly promotes a system that is poisoning our youth….or….We can listen to the voices of scholars who have conducted thoughtful research, consider the position statements of numerous educational organizations, listen to the voices of thousands of teachers, and pay attention to the crying out of our youngsters, all of whom are saying enough, urging a different direction…I choose the latter every single time. Thank you.

Sacks, P. (1999). Standardized minds. Cambridge, MA: Perseus Publishing.
Solley, B. A. (2007). On standardized testing: An ACEI position paper. Childhood Education, 84(1), 31-37.

Mercedes Schneider has been trying to get Louisiana’s ACT scores, but the State Education Department would not release them. Mercedes would not be deterred, and she explains here how she finally got them. She always sssumed State Superintendent John White didn’t want the scores made public. Now she knows why.

“There is a reason Louisiana Superintendent John White has refused to release these scores to the public:

“The Class of 2014 ACT composite scores for RSD do nothing to support the now-ten-year-old sales pitch that The Reforms Are Working in New Orleans.

“The Class of 2013 ACT composite for RSD was 16.3.

“The Class of 2014 ACT composite for all RSD high schools was 15.6. For RSD-New Orleans high schools, it was 15.7.”

It turns out that the Néw Orleans-Recivery School District ranks 66 out of 70 districts in the state.

After a decade of “reform,” this is very sad.

Ever since the state of Louisiana began its voucher program, allowing students to attend religious schools with public funds, the program has gone from one embarrassment to another. The school that won the most vouchers was a small rural church school; it was thrown out if the program for financial errors. Some schools taught creationism. The state court ruled that the state could not fund vouchers by taking money from funding dedicated to public schools.

And now this. Danielle Dreillinger reports in the Néw Orleans Times-Picayune that 1/3 of the state’s voucher students attend low-performing schools.

“One third of Louisiana’s voucher students are enrolled at private schools doing such a poor job of educating them that the schools have been barred from taking new voucher students, according to Education Department data. The schools include four in Jefferson Parish, eight in New Orleans and six in Baton Rouge.

“The Louisiana Scholarship Program lets children from low-income families attend participating private schools at taxpayer expense if they have been at C-, D- or F-graded public schools or are entering kindergarten. Now in its third year, the program has been threatened by local and federal lawsuits, but total enrollment continues growing, from 6,775 in 2013-14 to 7,362 students this year.”

Mercedes Schneider here recounts the sad story of Louisiana’s voucher program.

Vouchers were piloted in Néw Orleans, then made available to students across the state in 2012-13. Governor Bobby Jindal and State Commissioner of Education John White foresaw a revolutionary change with tens of thousands of public school students fleeing their “failing” schools to enroll in private and religious schools, where they would enjoy a first-rate education.

But it didn’t happen. The original plan was to divert funding from the state’s minimum foundation funding for public schools, but the courts said the plan was unconstitutional. Then it turned out that the school offering the largest number of vouchers was a small church school without a curriculum or certified teachers. Within a year, it was disqualified for mishandling public money.

The biggest problems, however, were the lack of demand for vouchers by students and the many private schools that did not want voucher students. Less than 10% of students in schools rated D or F asked for a voucher: Not exactly a stampede for the exits.

Added to that was the lackluster performance of students in voucher schools, which was below the state average.

Now John White is offering additional incentives (money) to induce more private schools to accept vouchers.

Sad. No transformation. No flight from public schools. A bust.

Does Louisiana need more value-added modeling? Douglas Harris says yes; Audrey. Amrein-Beardsley and Mercedes Schneider say no.

In a report to the State Board of Education, Harris proposed VAM for schools to increase accountability.

Beardsley reviews the research on VAM as well as her past exchanges with Harris and her specific critique of this proposal.

Beardsley writes:

“Harris concludes that “With these changes, Louisiana would have one of the best accountability systems in the country. Rather than weakening accountability, these recommendations [would] make accountability smarter and make it more likely to improve students’ academic performance.” Following these recommendations would “make the state a national leader.” While Harris cites 20 years of failed attempts in Louisiana and across all states across the country as the reason America’s public education system has not improved its public school students’ academic performance, I’d argue it’s more like 40 years of failed attempts because Harris’s (and so many others’) accountability-bent logic is seriously flawed.”

Schneider questions the practical value of VAM in her dissent. Schneider writes:

“Point systems for “grading” the teacher-student (and school-teacher-student) dynamic will always fall short because the complex nature of that dynamic defies quantifying. If test-loving reformers insist upon imposing high-stakes quantification onto schools and teachers, it will backfire, a system begging to be corrupted by those fighting to survive it.

“It is not that I cannot be evaluated as a teacher. It’s just that such evaluation is rooted a complex subjectivity that is best understood by those who are familiar with my reality. This should be true of the administrators at one’s school, and I am fortunate to state that it is true in my case.

“There are no numbers that sufficiently capture my work with my students. I know this. Yes, I am caught in a system that wants to impose a numeric values on my teaching. My “value” to my students cannot be quantified, nor can my school’s value to my students, no matter what the Harrises of this world might suggest in commissioned reports.”

Lee Barrios is a retired Nationally Board Certified Teacher in Louisiana.

Open letter to BESE –

Occasionally, albeit rarely, I receive confirmation that I am not only NOT crazy but that I am correct. Because I always base my actions on evidence and am always open to correction, it doesn’t really surprise me and I sleep well at night.

This BESE, on the other hand, ( 8 of you to be exact) have proven that you have personal agendas and are determined to support the lies of Supt. White and his well known cadre of business and political promoters. You are all very intelligent individuals and have ample opportunity to seek out and understand the truth. I give you no benefit of the doubt.

As I have said repeatedly, you are complicit as proven by your actions. However it is never too late to redeem a modicum of respect and honor by standing up and admitting you have been duped. It appears that now is an appropriate time to do that.

You all and John White have created chaos, pain, suffering, loss of excellent teachers, embarrassment for our state, and REAL damage to the education and lives of our children. You must understand that there can be NO test this spring and that the whole high stakes testing accountability must be overhauled and transformed from a purely punitive weapon to some kind of constructive process. Get rid of all the TFA junkies in LDE and replace them with education experts so that can be accomplished! Begin with Supt. White!

Lee P. Barrios, M.Ed., NBCT
Secondary English, Journalism, Gifted
178 Abita Oaks Loop
Abita Springs, Louisiana 70420

“If a child struggles to clear the high bar at five feet, she will not become a “world class” jumper because someone raised the bar to six feet and yelled “jump higher,” or if her “poor” performance is used to punish her coach.” – – CommonSense

“I believe in standardizing automobiles. I do not believe in standardizing human beings. Standardization is a great peril which threatens American culture.”—— Albert Einstein

After Hurricane Katrina, 7,500 public school teachers and other staff were fired by the new Recovery School District. Three-quarters of them were African American. Eventually almost every public school was converted to a privately managed charter, many staffed by Teach for America corps members.

The fired teachers sued for back pay. The Louisiana Supreme Court rejected their appeal, in a 5-2 split decision.

In October, the Supreme Court had overturned decisions favorable to the teachers in lower courts. The teachers said were dismissed en masse, without evaluation or due process.

At that time, the case was described in these terms:

“The case had ramifications beyond the public purse, and beyond the emotional and financial hit experienced by the employees, whose termination letters were in some cases delivered to houses that had been washed away in the storm. It became a symbol for people who felt disenfranchised when the state, saying the Orleans Parish School Board had failed its children, took over four fifths of the city’s public schools in the fall of 2005. Many teachers objected that they were all painted with the same brush as incompetent. And analysts such as former Loyola University professor Andre Perry said the layoffs knee-capped the city’s African American middle class.”

The earlier article explained the Supreme Court’s reasoning:

“That was not why the state Supreme Court dismissed the case, however. The majority invoked the principle of res judicata, which holds that a case cannot be argued if it covers the same people and arguments as a previous case.

“Indeed, most of the individual plaintiffs were members of the United Teachers of New Orleans. That labor union in 2007 settled several similar lawsuits against the School Board for $7 million, about $1,000 per union member. The Supreme Court decided those settlements sufficiently addressed the plaintiffs and questions in the current case.

“But the majority also accepted the defendants’ arguments across the line. Even if the case had not been dismissed, “neither the OPSB nor the State defendants violated plaintiffs’ due process rights,” Justice Jeffrey Victory wrote.

“The 4th Circuit Court of Appeal had found that the School Board should have created a recall list and systematically used it to hire back employees. The Supreme Court, on the other hand, while deciding that an employee hotline set up after the storm did not constitute an official recall list, determined that “imperfect” post-Katrina responses were good enough to satisfy the state Constitution given the circumstances.

“Furthermore, the fact that almost all the jobs disappeared permanently made a difference, Victory wrote: “The Teacher Tenure Laws did not envision, nor provide for, the circumstance where a massive hurricane wipes out an entire school district, resulting in the elimination of the vast majority of teaching positions in that district. It would defy logic to find the OPSB liable for a due process violation where jobs were simply not available.”

“Nor would the state have been liable for not systematically hiring the Orleans Parish employees, Victory wrote, because the Legislature gave the Recovery School District the auth0rity to hire whomever it wanted.”


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