The Florida Education Association is suing to block the implementation of a program that gives $10,000 bonuses to teachers with high SAT or ACT scores (taken in high school), but denies the bonuses to regular teachers unless they can not only produce their high school scores (20 years ago? 30 years ago?) but are rated “highly effective.” At the time the bill was passed, even some Republican legislators called it “the worst bill of the year.” It never had a hearing in the Senate. Its author wrote the bill after he read Amanda Ripley’s “The Smartest Kids in the World.”

 
December 21, 2015 Contact: Mark Pudlow 850.201.3223 or 850.508.9756

 
FEA files discrimination charges against
Best and Brightest teacher bonus program

 
The Florida Education Association (FEA) filed age and race discrimination charges today against the Florida Department of Education and the state’s school districts over implementation of the controversial Best and Brightest bonus program that was slipped into the state budget at the close of June’s special session of the Florida Legislature. FEA filed the charges with the federal Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations.

 

“Too many high-quality teachers in Florida were denied access to this bonus program because of the unfair and discriminatory rules and short timeline set up by lawmakers,” said FEA President Joanne McCall. “This bonus plan wasn’t thought out very well and wasn’t properly vetted in the Legislature and that has resulted in many good teachers unfairly denied access to this bonus.”

 

In the complaint, FEA notes that the Legislature appropriated more than $44 million for salary bonuses of a maximum of $10,000 each to teachers who received an evaluation of “highly effective” and who scored in the 80th percentile or above on their college admission test, either the SAT (Scholastic Assessment Test) or the ACT (American College Testing). The law exempts all first-year teachers from the “highly effective” requirement.

 

The complaint says this bonus program discriminates against teachers who are older than 40 and minority teachers, providing these reasons:

 

· Because no percentile data is available from ACT or SAT for teachers who took these tests before 1972, such teachers are disqualified from receiving the bonus.

· The October 1 deadline for submitting applications for the bonus further discriminates against teachers older than 40 years old, because a disproportionate number of them took the ACT and SAT many years ago and were unable to get access to their scores from the testing programs before the deadline.

 

· The exemption of first-year teachers from the requirement that they provide evidence of being rated “highly effective” under the respondent employers’ performance evaluation system further discriminates against and has a disparate impact on teachers older than 40 years old. First-year teachers are overwhelmingly younger than 40 years of age.

 

· The bonus program also discriminates against African-American and Hispanic teachers by using the SAT and ACT as qualifiers. It has been well-established in the courts and peer-reviewed scholarship that the SAT and ACT are a racially and culturally biased tests that disparately impact test-takers on the basis of African-American and Hispanic race.

The complaint also notes that the SAT and ACT were not designed for measuring teacher performance, for use in granting salary bonuses, or for any other aspect of the Best and Brightest bonus program.

 

FEA is seeking to make sure all qualified teachers are able to get access to the bonus money if they are qualified.

 

The Florida Education Association is the state’s largest association of professional employees, with more than 140,000 members. FEA represents pre K-12 teachers, higher education faculty, educational staff professionals, students at our colleges and universities preparing to become teachers and retired education employees.