Ken Futernick, a wise educator who has written about the improvement of the teaching profession for many years, has a brilliant article in the Los Angeles Times about “grand bargain” post-Vergara. Futernick testified for the state in the Vergara trial. He has long understood that schools in urban districts with low scores often have poor working conditions, inadequate resources, and high teacher turnover.
The term “grand bargain” typically refers to compromises by warring parties. In this case, he has laid out a program that all states can learn from.
He writes:
“Unless it’s overturned on appeal, the Los Angeles Superior Court’s June decision in Vergara vs. California making it much easier to fire teachers will hurt students if lawmakers, unions and other state education leaders don’t move beyond its limited focus and address the many factors that adversely affect student learning and teacher performance.
“Stakeholders must come together around a “grand bargain” that would address not only teacher incompetence but all the obstacles educators face that, in the end, prevent many students from learning.”
Making it easier to fire “bad teachers” won’t make it easier to hire good ones.
“To be sure, many of those who teach in poor neighborhoods don’t have the same effect on test scores as those who teach in wealthier schools. But most schools that serve poor and minority students — those with high concentrations of English learners, transient students, students with health problems and so on — have fewer resources to meet students’ many needs, larger class sizes and inadequate materials and facilities. In addition, they are staffed with many beginning teachers who turn over at high rates. Not surprisingly, student achievement suffers.
“Also, schools that serve poor students routinely assign teachers to subjects in which they have no expertise. For instance, a 2008 study showed that 27% of math courses in schools serving poor students were taught by teachers who were not qualified to teach math.
“Why are schools that serve poor and minority students overstaffed with inexperienced and out-of-field teachers? Most teachers seek to make a difference and are eager to teach disadvantaged students. But many don’t want to teach in such schools because most of them are extraordinarily difficult, dysfunctional places to work. The teachers there suffer from poor professional support, low morale, run-down facilities, a revolving door of principals and unrelenting accountability pressures.
“Ineffectiveness in the classroom often does not derive from incompetence.
“Consequently, administrators in these schools can’t attract and keep enough well-qualified, experienced teachers. That, in turn, highlights another critical flaw in the judge’s decision — the assumption that these schools can find suitable replacements for fired teachers. Quite the contrary, and administrators’ power to fire teachers without real due process will only exacerbate the teacher recruitment problem….
“For starters, the state should develop a new teacher dismissal process that is fair and efficient. It should not take years and hundreds of thousands of dollars to fire an ineffective teacher if he or she has been given a reasonable chance to improve, has been carefully evaluated and hasn’t done better.
“[Governor Jerry] Brown signed legislation this year that provides a fair and efficient way to adjudicate cases of gross teacher misconduct. Education leaders should develop a similar way to handle cases of teacher incompetence. They also should develop solutions for the other statutes that the court struck down, such as the one that allowed teachers with more seniority to keep their jobs during layoffs. California could do what other states have done, recognize experience along with other factors in making layoff decisions.
“But California must have a solid due process system for teachers, and contrary to popular belief, that’s all that tenure provides. Without a reliable way to determine whether a teacher is truly incompetent, the state will return to an era when employment decisions were fraught with abuse that included higher-salaried, experienced teachers replaced with less-expensive beginners and competent teachers fired because of their political or religious views.”
“Here is the framework Futernick suggests for a “grand bargain”:
“*The state must develop a robust teacher evaluation framework designed to help all teachers improve, not just to identify low performers. Such systems would ensure that principals and other evaluators have the time and training needed to conduct meaningful evaluations.
“*The state should build on the successful peer assistance and review programs that exist in places such as Poway Unified and San Juan Unified. These programs provide high-quality support to struggling teachers. Most participating teachers improve; those who don’t either leave voluntarily or are dismissed without grievances and expensive lawsuits.
“*The state and school districts must improve the conditions in hard-to-staff schools to attract and retain the best teaching candidates and the strongest principals. Among other things, these schools need high-quality professional development, time for teachers to plan and collaborate, and the authority to make professional decisions.”
Without adequate resources, changes in the law will be a hollow promise.

Futernick first correctly says teachers in difficult schools face insurmountable obstacles in the classroom. But then he reverts to “blame the teacher” mentality with a morphed version of rank and yank. You can train teachers all day long, but if the problems of poverty, lack of resources, and public indifference remain, progress seems ethereal.
LikeLike
True…but overall this article does offer some potential solutions.
At LAUSD, in many inner city areas where students live at the poverty level or below, parents generally are not available to work with their children and with the schools because they are either : 1) non-English speakers; 2) working multiple jobs just at existence level, or 3) many are in prison with TANF as their only source of income: or, 4) they are living on the streets. The district has the highest rate of homeless students in the nation.
As educators know, parental involvement is vital to student success, and is the main reason upper income students succeed. Yes, the key is poverty.
Teachers in classrooms with over 50 adolescent students crammed into rooms built to hold 30, with no AC and minimal supplies, are supposed to do optimal teaching. If long time teachers are failing at this mandate, it is a lose lose situation with kids from TFA. The public, the billionaires, and the media, avert their eyes from this reality, and find it easiest to blame the teachers.
Concurrently, with solutions such as the LA Mayor Garcetti suggests in his call for raising the minimum wage, we must have the best trained administrators. Not only those who serve as principals in these schools with large numbers of ”hard to teach’ students (who have also been saved from suspensions recently by new laws), but mainly those who run giant school districts. All districts suffer from the Broad-business model mentality, and all districts need real academically-trained educators as district leaders who will focus in on the clear issues, rather than rushing to abandon public education in favor of privatizing..
LikeLike
I agree. While he mentions “a grand bargain” that must be struck, he spends the bulk of the time talking about ways to improve teacher quality. While he alludes to the myriad of problems that poverty engenders, he does not offer any unique solutions. The problems of poverty in urban America are much more complex expediting the dismissal of “bad teachers.” To find these solutions, we have to enlist the support of outstanding educators from higher education in the field of education, not business,and experienced public teachers as well social services. A simple weighting formula allowing for a few extra dollars in poverty areas won’t address all the inequities.. Bold thinking outside of the box is what is needed with the vision, resources and commitment to make it work.
LikeLike
For politicians, addressing poverty is a challenge. But addressing income equality is well within their grasp. Instead, they hide behind teachers. Easier to blame teachers, unions, and any other group du jour.
LikeLike
What this article does differently is to look beyond the wording of the Vergara lawsuit and projects what the real consequences will be. While the goal may sound worthy, the results can create more disruption leaving the teaching profession as an even less desirable career. Does anyone really think that Vergara is the way to attract the best and brightest?
Think of it this way….if you were a doctor who practices at a major U.S. hospital who donates his time to provide medical services in a third world country, would anyone expect the same results when that doctor has no control over the health of his patients nor the quality and quantity of resources available to provide this care? The answer is “NO”.
LikeLike
For non-readers of the LA Times, the most striking op-ed today was by Barbara Garson, a veteran of the Berkeley Free Speech Movement, who pointed out the tragedy of the public support for colleges over the years, creating a new class of indentured servants, compared to the hopeful college graduates of the previous generations.
Paired with the Futernick piece about the continuing travails of inner-city students and teachers, and the lack of real solutions proposed by our political “leaders” today, the Garson piece brings home the hollowness of talking about making our students “college and career ready” when those options increasingly don’t exist.
Time for a revolution?
Brad Jones
LikeLike
You are absolutely correct, Brad and thank you so much for highlighting this.
These are the Big Picture connections that must be made and would resonate among the parents and kids who are victimized by the education policies of the billionaires on.the MICRO and MACRO scale.
Vergara is part and parcel with a systemic problem to disenfranchise public school youths from true opportunity.
This is too huge a topic for a single post, but we all must find ways to show the inter-relation of how our kids get screwed over on all sides by a society that is great at lip service for “our future”, but clearly, where the Powerful mostly protect only their own.
LikeLike
It’s starting. I know a high school in Buffalo that is short a French teacher and a keyboarding instructor so there are some study halls which now have fifty kids (after schedules were readjusted to eliminate those promised classes).
And there are not enough librarians (short 2 1/2).
I bet there are other open positions.
And this is not a matter of funding – it’s a lack of the appropriate certified teachers to fill these positions.
Of course, young teachers who are not guaranteed a position for the following year in the city schools might very well find a new school district, with a better pay scale and the promise of higher test scores.
Now – Just imagine the future without tenure where all positions are considered temporary.
LikeLike
“Bargain Building”
Building on a cracked foundation
Just ensures a ruination
Vergara bargains may seem great
But house collapse is certain fate
LikeLike