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.”

This is an excellent interview by Sam Seder on this topic with :
12/9 Prof. Kristen Buras: Charter Schools, Race, and Urban Space: Where the Market Meets Grassroots Resistance
Professor Kristen Buras the author of Charter Schools, Race, and Urban Space: Where the Market Meets Grassroots Resistance explains how charter schools took over New Orleans post Hurricane Katrina. Her case study of New Orleans—where veteran teachers were fired en masse and the nation’s first all-charter school district was developed—shows that such reform is less about the needs of racially oppressed communities and more about the production of an urban space economy in which white entrepreneurs capitalize on black children and neighborhoods. Check out her debate with Sarah Newell Usdin, founder and CEO, New Schools for New Orleans HERE.
http://majority.fm/2014/12/09/129-prof-kristen-buras-charter-schools-race-and-urban-space-where-the-market-meets-grassroots-resistance/
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Analysts such as former Loyola University professor Andre Perry said the layoffs knee-capped the city’s African American middle class.” One town and Katrina. Across the nation USDE policies requiring VAM and SLO evaluations K-12, and now those pending teacher education policies doing the same.
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The school privatizers will not be happy until they have destroyed all unions in this country. They want to turn America into some kind of libertarian/Ayn Rand dystopia.
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More like North Korea.
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Joe: but isn’t there a least some possibility that those in mad dog pursuit of $tudent $ucce$$ will lighten up a little, self-correct, and do the right thing?
“The question isn’t who is going to let me; it’s who is going to stop me.” [Ayn Rand]
¿😧?
Oh my…
Libertarian/Ayn Rand dystopia it is…
😎
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So called “Uncle Sam Shrugged”
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And they would ask you, MathVale, what is wrong with that? Great test scores, no innovations, and no stress from making decisions. They think that would be paradise. They clearly forget that this nation was born in bloodshed….
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With all due respect, why repost this now? Do we not have enough current misfortunes, misdeeds, misappropriations, and miscellaneous misdeeds to report something that can be addressed NOW with the influence of NPE?
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Think about it, people, think ! This is the USA ! Think this through ! Are we still a democracy ? And I am a slightly conservative democrat – but you just cannot come in and tell people their job is gone because of a natural disaster.
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This is America. And you CAN tell someone who’s failed at their job year after year….’you’re fired’. These teachers, if they are any good can get re-hired. NO ONE cares about the livlihood of these teachers, what they DO care about is the education of the children of New Orleans.
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Dear Governor Cuomo and fellow like-minded minions,
Your hyperbolic statement of public schools being the last monopoly is incorrect. A better analogy is that you and others like you who are making demands of teachers teaching children in public education is analogous to a slave owner demanding his slaves pick more cotton faster than is humanly possible or face punishment for no wrong doing of their own but rather inhumane demands and treatment. The technology of the cotton gin didn’t reduce or eliminate slavery as it was hoped by the inventor but rather ramped up the desire for more profit. The dehumanization of the system was increased as inappropriate, inhumane demands and treatment were thrust upon the captive labor force of enslaved humans in the name of greed and excessive profit. This profit in no way benefitted the enslaved population who were insanely considered property not people in the eyes of the law.
We the Citizens of the United States who teach children in the public school system are not some outsourced industry to some newly industrialized nation where the citizen workers are being exploited because the workforce is abundant and workers are easily replaced once any exploited worker is injured or dies trying to keep up the inhumane pace. That is what Cuomo and his kind want to do.They want to dehumanize the process of teaching and reduce it to a form that is easily replaced by minimally trained individuals. OK so we current teachers with Master’s degrees conferred upon us by New York State are now the wretched refuse because we are doing the job you trained us to do. Your system trained us. If your system was so flawed in our training at that time why would we think you and your kind are an appropriate dictator of the improvement.
Yes there is a breakdown in the system…we realize this as the teachers of children. This is after all the GREAT EXPERIMENT WE CALL THE UNITED STATES OF AMERICA. We the Amazing citizens of the Amazing United States of America are aware of the authentic improvements that will transform the United States educational system. You Mr. Tammany Boss have misdirected the energy of the educational system in order to kill it and rebuild an outsourced cheaper and inferior product not improve the product so stop espousing that you are improving the system. You are a robber baron of the worst kind. You hide your sincere motives and pretend with your forked tongue to be promoting a reform that will improve the quality of education when the words you really mean to say is a cheaper form of education that will prepare the 21st century workforce to be drones that will feel their inferiority and never rise up to speak truth to power.
Today’s educational system isn’t about educating faster and cheaper like exploited labor sewing in a sweatshop. This is about educating human children better not faster and cheaper. Time has come to reallocate resources for new models of public education that value the human capital of teachers who pay to educate themselves as instructed by the rule book with Master’s degrees and seeking continual opportunities to learn, grow, and improve as educators.
We started out with a public education model that was noble and valiant to educate all in the 1800’s, and now we want that to evolve into a 21st Century educational model that isn’t about cheaper and faster, or one that lays waste to those students who need more and deserve more. From the accelerated student to the challenged student, and the students from one end of the spectrum to the other who have their own unique leaning needs regardless of scoring the highest or lowest on a test because they all have learning challenges and needs…all students deserve more than the system is allowing these children, yet powerful, ignorant, politicians expect the same accomplishment at the same time from all of these children. We know, you know, and even parent knows each child begins with different physical needs, emotional needs, and educational needs even when born to the same two parents.
The system created by No Child Left Behind and Race To The Top has attempted to create a future workforce that feels it is not enough as a human and deserves less as a person, worker and so he, she, they, don’t ask or expect protections in the workplace and society as a consumer. That is who you Governor Cuomo and others like you are training and what you are training into existence with the laws you have adopted.
We are the amazing citizens of the amazing United States of America, our amazing children are citizens and they deserve smaller class sizes, appropriate models of comparison to the schools that people pay $40,000 dollars a year or more to send their children to as examples of the best ways to educate children. Is my tuition waiver to a charter school going to cover the cost of $40,000? But your child will get that education and you want to make mine cheaper now by paying the human capital less in order to provide profits to investors. Who will win out in a decision between education improvements and shareholder profits. You can’t be beholden to two gods Andrew and you have demonstrated that your god is the golden idol of greed wrapped in green backs. We the public school products do most of the living, breathing, buying and dying that make the economy move. So we deserve our due, a top of the line educational system. And if for some reason this is counter and really it is the 1% that do most of the living, breathing, buying and dying than yes by all means take more money from the top earners to change this picture.
We aren’t going to be treated like exploited laborers working with a piece of metal…slow down the assembly line Henry Ford…We are teachers working with children and in both cases our work deserves to be valued and justly compensated. Technology is used to improve the process not dehumanize the process, not cheapen the process but rather enrich the process. Fast isn’t fast enough for you Andrew. Where are you racing to because it is the space between birth and death that the race takes place and some of us want it to be more than what you have planned for us. Ohh that’s right your race is to the White House so who cares if you step on some children’s bodies in the process. That is your race to the top. Just like Rockefeller you have to tear down a few Italian immigrant grocery stores to make room for progress. Well we citizens, teacher, parents, and students are here to stay to insure a better future for all children in our care because we made and will continue to make a difference in the future of a child.
A sad thought to reflect upon is this following stark inequality, that if you have power and influence nothing in this process matters because you can buy your way through it with expensive private schools or buy influence over the system itself, BUT for the vast majority of us we can’t buy our way into that club of influence. We need a real education that provides real opportunity and not admittance to exclusivity. We are working towards inclusivity. ALL CHILDREN CAN LEARN AND WANT TO LEARN AND LEARN DEEPLY, INTENSELY, PASSIONATELY, AND AT A HIGH DEGREE OF MASTERY AND SOPHISTICATION.
To those of you who think this is a poor hyperbolic analogy let us recall that THE AMERICAN REVOLUTIONARIES from the streets of Boston to the House of Burgesses who compared their plight as colonists of England to slavery and that was for paying taxes that were less than those paid by the British in mother England without representation in Parliament. Well who is representing our voices when the lines are gerrymandered Andrew.
Sam Adams was a hypocrite after the American Revolution because he condemned those participants in Shays Rebellion for protesting the same way the Sons of Liberty did leading up to the American Revolution. So Governor Andrew Cuomo you have reached the pinacle of power like the early revolutionaries and now you want to deny the pathway to others. Your ancestors and mine hailed from Italy on a boat to make something more of themselves with the opportunities in America. Some of those same ancestors like my grandfather and grandmother grew up here in America during the Great Depression and some like my grandfather, gave his last full measure as a patriotic American and died in WWII to preserve the opportunities for future generations to come like his daughter and grandchildren, nieces and nephews. He didn’t lose his life so those who came after him would have the same struggle he had being exploited, hard work yes but not the extinguishing of hard won opportunities.
All children deserve more and to learn how they learn best. Testing that screens learners for how the learner learns best in order to create a well educated, involved, citizenry of excellence is the goal. Stop the smoke and mirrors version of testing that doesn’t improve students and education but rather relegates students to the sidelines sooner because the testing forces them out of the game before they’ve even learned to swing the bat. The tests tell the children they aren’t enough even though the tests aren’t appropriate. You remember this testing you support well the outcome is much like the communist testing of the COLD WAR ERA. All of us who grew up during the 1970’s and 1980’s were appalled by the educational testing that we learned about in history class or while listening to a spotlight biography of an athlete from the SOVIET UNION or another WARAW PACT country during the Olympics. The testing that eliminated opportunities rather than opening opportunities for all.
We teachers are creating leaders with skills to lead themselves and others around them.
We teachers are creating leaders with skills to make the world humane, with skill to be effective problem solvers, and creators of a world where problems are engineered out or minimized before the creation is manifested. We are creating our world…
It isn’t about profit or perfection it is about the journey of excellence.
My words are to inspire the next leg of this journey if you are reading this what can you do to help create a manifestation of this school of excellence into existence.
Famous people are quoted to inspire us daily and one such quote is
“Success is not final, failure is not fatal: it is the courage to continue that counts.”
Winston Churchill . Students and teachers are experiencing the antithesis of this quote when they should be trying and failing and learning and growing in order to bring the best into the present.
Cuomo has teachers chasing their tails like the private sector has employees running a race that sucks the life out of humans. All this exhaustion and defending to prove we are worthy of humane treatment as employees and consumers, who are trying to do our best to maintain our families and communities. OHH Master Andrew don’t sell us away from our family our way of life our opportunity for happiness amidst the labor of slavery. Many maybe even most feel unable to put forth energy to protect what generations before us fought for and what our generation should be rebuilding and expanding to include ever more humans, a decent way of life where we are respected along with the ideals espoused in our pledge to the flag, the Preamble to the Declaration of Independence and the Preamble to the U.S. Constitution.
And Andrew if public schools are a monopoly, then what are The College Board and Pearson Publishers? Perhaps part of Boss Cuomo’s New Tammany Regime.
Best Regards,
Chris
“In life, surround yourself with those who light your path.”
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Here’s the bottom line, on which LA’s Supreme Court rests its case: “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.”
As a matter of principle, one can still hold on the basis of the previous settlement, that the court agreed, massive NOLA teacher layoffs were illegal. That the settlement amount per teacher was insufficient– that further reparations are deemed uncollectible by virtue of a force majeure sitation– does not change that.
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Immediately after Katrina is not the only problem – it continues. I have 10 years experience as a teacher in New Orleans, but I have been out of work for the last two years. I was laid off from a “F” school that was closing but is now being taken over by a charter. Even my face to face interviews have petered out as I watch more and more 20 something white kids entering our schools every morning only trained in discipline and rote memorization. All I know is that I worked long and hard for my certification, and that, along with experience and professional development opportunities, made me a great teacher. GOD HELP NEW ORLEANS GIVEN THE ROAD THOSE IN POWER HAVE TAKEN!
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However, DID YOU SUCCEED in educating your pupils? That’s what counts – that’s the only thing. Your certifications are worth S*%t. You’re experience is worth less than S*@t… if you did not effect positive developmental progress on your students. You are, likely also a racist, since your comment regarding ‘white’ kids is patently racist. Education is not about the freaking teachers and they’re lifestyle – its about bringing up the next generation with opportunities to succeed. When you finally get that through your skull you may have a chance at becoming an adequate teacher.
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