Politico reports on the lawsuit that teachers have filed against the state’s teacher evaluation system, which bases 50% of a teacher’s evaluation on test scores:
UNIONS SEEKING HALT TO NEW MEXICO TEACHER EVALS: An effort to halt New Mexico’s teacher evaluation system is back in court today for a third day of testimony. The American Federation of Teachers New Mexico and the Albuquerque Teachers Federation filed a lawsuit in February against the state education department and its education secretary, Hanna Skandera, arguing that the evaluation system relies too heavily on student test scores and violates teachers’ constitutional rights. Data reporting errors produced inaccurate evaluations in spring 2014, prompting Skandera to usher in changes [http://bit.ly/1rn00X2 ]. But the most divisive piece – basing 50 percent of teachers’ evaluations on students’ standardized test scores – remained in place. Some New Mexico teachers even burned their evaluations, protesting [http://bit.ly/1AniLTk] inaccuracies as well as what they see as an inherently unfair system. The national affiliate of both local unions, the American Federation of Teachers, has been heavily involved in the case. President Randi Weingarten attended [http://bit.ly/1FIUxWq ] a hearing on the unions’ request for a preliminary injunction in mid-September. She said she hopes the judge will stop the program now, before a trial next spring decides whether the entire evaluation system is valid.
– AFT also released a report on teacher evaluations, highlighting the experiences of 10 districts in New York and Rhode Island that changed their approaches. A long-time crusader against what it sees as the overuse of student test scores in high-stakes decision-making, AFT says evaluation systems must use multiple measures in order to get the most accurate picture of a teacher’s effectiveness: http://bit.ly/1JDHIHS.
– Speaking of teachers, the Education Department has sent its final teacher preparation rule to the Office of Management and Budget for review. [http://1.usa.gov/1VrsDQE] The proposed rule, released [http://politico.pro/1L4IwuU ] last November, aims to drive bad teacher preparation programs out of business. Teachers unions have panned the rule for using student test scores to measure how new teachers are performing in the classroom, although the department says states would be able to use other measures as well, like classroom observations. Other groups have said it would place a huge financial burden on states, which would be tasked with collecting new data on teacher placement, retention and student learning. The department has said the rule would cost states and teacher prep programs $42 million over 10 years. But groups like the California Commission on Teacher Credentialing said it could cost California alone $485 million for just one year. The final rule is expected sometime this month.
To learn more about the lawsuit in New Mexico, read Audrey Amrein-Beardsley’s description of the proceedings here. Beardsley testified for four hours on the deficiencies of the model. Today, Tom Kane (an economist and a champion of VAM) will testify.

This is very encouraging news!
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Good job! Why isn’t the union in New York filing a suit???
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Sue,
The union hasn’t sued but Sheri Lederman has.
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I tried to initiate a lawsuit against NYSED through NYSUT. My state test is a 3 to 4 year cumulative exam that was originally developed (under NCLB) as a middle level science program evaluation. When the Regents Reform Agenda/RTTT kicked in, NYSED decided to lay the entire four years of science instruction on the shoulders of 8th grade teachers. Consequently, the majority of the test items cover material that I do not teach. My NYSUT regional rep told me that because I was unable to demonstrate “harm”, via negative evaluations, that they would not be able to litigate.
Has any teacher in NYS lost their job specifically because of test scores? I am not aware of any. Last year the same NYSUT rep told me that zero teachers in her region were harmed by the APPR process.
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NYSED tried to get the Lederman suit thrown out for the same reason – no “harm” because her overall APPR score was “effective”. The judge ruled that enough harm was caused (to her reputation?) for the law suit to continue. The ruling is due in a few months and could set a very beneficial precedent for the rest of us. We all owe a debt of gratitude to the Lederman’s for taking on the oppressive policies of Cuomo, the BOR, John King, Meryl Tisch, and NYSED.
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Sue Monaco,
Unions are not there to sue to protect their constituents. Instead they are in business to survive and collect dues.
No union in NY has ever sued or held a strike in protest to NCLB, a miserable policy, and RttT, an even worse policy.
Unions are in business for themselves and have been ever since this reform movement began, save for, maybe, the CTU and Karen Lewis.
I happen to LOVE unions, that is . . . the kind found in Western and Northern Europe. They really exist there to equalize the playing field. Those are real unions and the ones we have now in education in the USA look real and feel real until you see their voting records and the way they are “democratically” structured. In most ways, the bigger state and national unions have made bloody mess and now are leaving the entrails and body parts to be cleaned up by the local chapters and teacher associations. It’s a shame, but it is the truth.
I’m not saying unions should get everything they want, but the big idea and big picture issues were never addressed by our unions, nor will they be until maybe every state becomes a right to work state.
Unions in education here in the states are counterfeit at best.
Sorry, but I like my coffee to come from coffee beans and not from freeze dried chicory . . . .
But there is nothing preventing any of us to reinvent our unions, which is extremely difficult to do but by no means impossible.
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Robert,
My local, The Albuquerque Teachers Federation as well as my state union, AFT-NM work tirelessly to protect their constituents and public education. These two unions are all about social justice. This lawsuit is important in the fight for public education. I am a rank and file member who is active in my union, because I truly believe that you are the union. You seem to be using extremely large brush strokes when describing my union and that is offensive to all of us working hard in our unions to make huge differences. You ARE the union and it is as good as its membership.
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I know there are good unions. I applaud you for you obvious devotion.
MY husband was a steward in the CWA. Unions are thinly thing between us and servitude to the oligarchs.
But although active members who elect good people make a union strong, a union is only as good AS THE PEOPLE WHO LEAD IT.
and I know this from the failure o the UFT to protect tens of thousands of NYCity teachers like me. My own story, for which I have documents and audio tapes that prove no merely malfeasance but complicity. Robert is right!
What happened in NYC http://www.perdaily.com/2011/01/lausd-et-al-a-national-scandal-of-enormous-proportions-by-susan-lee-schwartz-part-1.html
and what is happening in LA http://citywatchla.com/8box-left/6666-lausd-and-utla-complicity-kills-collective-bargaining-and-civil-rights-for-la-s-teachers
is directly connected to the union leadership.
And Francesco Portelos, is going through hell,SIXTEEN years after it happened to me,
http://protectportelos.org/allegations-against-me/
The only way that a school system can do this to a fabulous professional and AMERICAN CITIZEN like Portelos, is if THERE IS NOT A SHRED OF ACCOUNTABILITY FOR THE LAWLESSNESS.
http://protectportelos.org/does-workplace-bullying-continues-my-33-hrs-behind-bars/
It is, after all, ten years after it happened to David Pakter…
http://parentadvocates.org/index.cfm?fuseaction=article&articleID=7501
This couldNOT happen if the union represented our legal rights
http://nycrubberroomreporter.blogspot.com/2009/03/gotcha-squad-and-new-york-city-rubber.html or this to Lorna Stremcha in Montana.
http://nycrubberroomreporter.blogspot.com/2013/10/lorna-stremcha-and-her-rubber-room.html
Lorna just wrote a book on her ordeal and her work to end bullying in the educaion workplace.
https://www.linkedin.com/pulse/background-information-bravery-bullies-blowhards-lorna-stremcha
Bravo to our good unions, so keep up the good work.
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Dotconnector,
It was not at all my intention to use too large a brushstroke or to denigrate the critical and beautiful work you do. What I did try and point out is that the large, big picture issues were never really challenged in any substantial, meaningful or militant way by the NEA and AFT, and now smaller unions, many of which are state unions and local chapter therein, are left to pick up the pieces and the horrendous mess and chaos the head honchos much higher up have largely contributed to.
Where were the strikes? The ad campaigns? The militancy? How well have unions really tried to enfranchise parents as part of their existence strategy?
There are amazing examples of union reinvention, such as MORE, ICE, Fracnesco Portals, New Action, Norm Scott, Brian Jones, Julie Kavanaugh (These are NY luminaries), and the CTU with Karen Lewis.
Local chapter leaders in each state are doing ground shaking things that rarely or never get reported. They are the seeds of change.
Please do not mistake my opprobrium towards how the big ticket items were handled these last 24 years.
I support your movement, and in fact, please leave your e-mail address and contact information here, and I am happy to send your legal defense fund a donation. New Mexico gave birth to a brilliant teacher known as Estelle Lara, who invented the Lotta Lara method of reading, a hybrid of Reading Recovery and Fountes and Pinell. There is much to celebrate in NM, but New Mexican children, teachers, administrators, and families deserve far better than the current sham of an evaluation system.
We are in this together, and with no condescension, I support you.
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Cx:
Francesco Portelos
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I hope that for the sake of the teaching profession a court stops this madness. No young person is going to pay over 100,000 dollars for a Bachelor’s degree, get paid poverty wages, and face the threat of being fired every three years over variables they have no control over. No one. I praise God every morning that my time in this stressful, abusive career will soon be over and behind me.
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I totally agree. I loved this profession from 1971-approx. 2010. The new hires 2015 are already looking like they cannot cope with this nightmare “AKA- CUOMO’S APPR”. We are hearing that on a future observation a 60 point checklist will have to be addressed to get a perfect score in one 40 minute lesson. I challenge our new education leader Ms. Elia+ Cuomo (it might take 2 to hit the 60 points) to video tape a model lesson to include all 60 points in one lesson and send it to all districts to view. I am ashamed of our Regents who know what is going on and have acknowledged the problems.Unfortunately, they lacked the backbone or bowed to the King Cuomo. Regents who cannot be honest and call out bad policy should resign if they are honorable people. Your resignation will speak louder than every teacher voice in NYS. It is an outrage. NYS=Data+Tests+ More Data. Relationships between teachers & students +=DOESN’T COUNT!
I have mentored many Student Teacher Observers + many Student Teachers. I am no longer taking any since our Cuomo attacked our profession. I no longer encourage anyone to enter what is no longer considered a profession by our general governing body. As basic Social Studies lessons has taught us- Vote everyone out. ASAP. Surprising that George Orwell’s novel 1984 predicted this level of government control. What happened to people standing up for what they believe in?
I await the 60 point model lesson video from the NYSED.
OH wait, we might have to do 60 point observation Sept. 2016.
State Video will preview 2017 or 2018 or 2019 . As usual, they will be late to the game,
Surprise us -Ms. Elia. I am sure you and Cuomo can figure out the perfect lesson. Check your charter school resources. Remember 60 points in one lesson. Ms. Elia -you claim school experience. You already know it is not possible. OH WAIT-Yes it is, we can script a lesson.
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I read the AFT’s position on evaluation. The rubric system we had with trained local observers worked perfectly well for many years as it is more diverse and directly connected to instruction than test scores with a convoluted formula. Evaluation made much more sense before public education became monetized and politicized.
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They only test on math and English. The teachers of other subjects are evaluated based on their ability to convey math and English skills by osmosis while they are teaching something else? Probably a good explanation, like educational quarks, or some other tomfoolery.
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Teachers of other non-tested subjects are rated based on English and Math test scores, in spite of the fact they are not teaching these subjects, and in many cases, in spite of the fact they do not teach the students at all. Sped teachers ratings are also based on test scores for students they do not teach. That is one of the biggest complaints about the system. But PED keeps telling us how valuable the testing info is to determine teacher efficacy…yeah, right.
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All these Reform evaluation systems are just games. They neither measure excellent nor struggling teachers. To win is to cheat. While that may be how business and Wall Street have evolved, teaching has far to much at stake in the future to be turned over to what is essentially a random process.
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Generally you have to prove harm first which is why individual lawsuits are easier -proving this system will harm is a lot harder to do than demonstrate the system being dysfunctions in reality.
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Some of us have End of Course Exams we are judged by. Of course…we have only a vague idea what is on the test…My first year of this system I had no EoC to give and I earned a “Highly Effective” rating because it was basically the same system as we had before, just wrapped up in a new box.
The first year my EoC scores counted, 92% of my students passed the test, yet I only received 57% of the total points possible for “Student Achievement.” I did receive a small bump because my students “Improved” on the test. The thing is…I’d never given a state history test, and they had never taken a state history test…yet they improved…I received “Effective.” I still have no idea why.
The second year the test counted, (last year) I moved to a different district and had 52% of my students fail the test…yet only three of them didn’t score over the “cut score…” I’m guessing my “Student Achievement” scores are going to plummet…Won’t know until May.
I don’t want to leave teaching…I love my job! Truth be told though…this is 25 for me. I have never earned anything less than “Satisfactory” on a teaching evaluation…but this system will have EVERY TEACHER IN NEW MEXICO rated as “Minimally Effective” or “Ineffective” in a year or two. If I don’t retire prior to that…will I be fired? For doing the same caliber of work I’ve always been rated highly for? Will that cause me to lose my pension?
If my evaluations for all those years were not reflective of the quality of work I was doing…was that my fault, or the fault of the administrators who didn’t really evaluate me? (Asking Governor Susana Martinez here). I don’t understand why she and the education secretary are attacking the only professionals in the industry who actually help students to achieve…? Why not go after the “lazy principals” who just kept scoring all of us “loser” teachers at an “inflated rate?”
For the record: I don’t think administrators did any of this…I think administrators matter just as much as teachers, and work just as hard…just in a different arena. I believe the vast majority of them were always evaluating teachers effectively…because the worst teacher I ever met…still wanted to help kids!
This administration wants to privatize education the same way it is advocating for privatizing prisons. I wish a good investigative reporter would look into the possibility of kick backs on this one.
I am saddened by the fact that the state I love has elected this person who hates educators…TWICE now…
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