Archives for category: California

David Welch is a Silicon Valley entrepreneur who is spending millions of dollars in legal fees to try to strip teachers of any due process rights or job security.

Who is he and who are his allies?

This investigative report provides some answers, though no one can truly explain the animus towards teachers that blames them for poverty, inequitable funding, large classes, poor leadership, racism, incompetent administrators, and myriad factors beyond their control. Even the most expert, dedicated teachers will lose if Welch wins.

Michelle Rhee is on a national vendetta against teachers. According to an investigation by a special unit of Al Jazeera, Rhee has poured large sums into a campaign to attack unions and teachers in California, using the services of a politically powerful lobbyist in Sacramento.

Since there is no research to support her campaign to destroy unions and to eliminate due process from teachers, her crusade is either an ego trip or payback for her failure to crush the teachers in DC.

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The Vergara trial in Los Angeles prompted this National Board Certified Teacher to reflect on the power dynamics in LAUSD. And how it affects the students. The trial is funded by a very wealthy tech entrepreneur whose legal team claims that due process rights for teachers denies the civil rights of minority students because it is harder to fire teachers if they get a hearing. Superintendent John Deasy testified for the plaintiffs who are suing his districts because he says he can’t fire ineffective teachers.

The classroom teacher wrote this commentary on the trial and the issues:

“The Vergara case is truly the epicenter of everything wrong with the direction of American public education.

“Sorry in advance for this long post, but this case connects a lot of dots…from my classroom in Los Angeles…to Wall Street…to The White House.

“The words in this case are twisted in Orwellian ways, where a term like “Civil Rights” gets to be used by the oppressors instead of those trying to liberate kids from their dictums.

“Teaching in the Los Angeles Unified School District is an exercise in futility these days. Watching this court case unfold with its Trojan Horse arguments about the best education for students is like hearing the 1% argue that what the financial system needs is less regulation so that the poor people of the country can be free to achieve their American Dream.

“Their words are all about “liberty” and “justice” and “equality”, but it is obvious who reaps the benefits of those terms.

“It is no coincidence that our District Superintendent John Deasy, was the first witness called to testify against the teachers of his own district.

“He knew that he had the backing of the very rich benefactors who have paved his life in education. He keeps winning because there is no realistic way to challenge his authority.

“The Editorial Board of the LA TIMES, like the Editorial Boards of papers like The Washington Post, The New York Times and The Chicago Tribune are enamored by this sort of superintendent–a man who is brought in to kick teachers’ whining butts and bring up test scores. The cosmetic nature of HOW they do it is apparent to anyone who looks at it.

“They have lowered graduation requirements and (as in our school) have brought in empty BS “Advisory” classes that the kids can get full credit for attending (that’s 40 additional credits after four years!!!) so that graduation rates can be boosted. No one is going to do an in depth analysis of this because the public wants results! Arne Duncan can give a big hooray for Deasy and company because the graduation figures are going up! Numbers don’t lie!

“Are our kids “smarter” because John Deasy is our superintendent? No. The pedagogy that Deasy believes in is small-minded and literal. If a teacher in LA is doing great things in his or her classroom, the chances are it’s IN SPITE of the District, not because of it. The only true education emphasis that Deasy champions is the same one that most of the 1% from Bill Gates to Barack Obama to Arne Duncan adhere to: Get the most kids through the education factory they oversee (and often profit from) towards the goal of making them somewhat competent in the world to not go out and steal. It is a very low bar. Very few schools and administrations treat education as a mind-blowing, explosive and subversive experience. That would be about the last thing on John Deasy’s agenda.

“For Deasy and those who back him, Education is defined by them alone, using their own, limited metrics about what they think constitutes “education”.

“For Deasy’s system, creative teaching is seen only as an added bonus–not a primary function. If it happens, great, but it is not the most important aspect of education. Creativity and the emphasis on a critical understanding of the world is not the thing the system values most. Deasy, Duncan, Gates and Pearson value kids responding to its metrics. Actually, if those metrics are achieved, then the Education System says the “product” is successfully educated.

“The truth is that the System will NEVER get the results from this urban population of kids (or for most others either) because they neglect to deal with a variety of factors: Poverty, environment, lack of parental wherewithal, economic forces that dictate a certain path for the working class that Deasy oversees.

“But Deasy’s route to “success” was vastly different from that likely of the students he oversees. In fact, ironically, his path was much more “American” in its orchestration of how the country actually works: Inheritance, privilege and obsequiousness. Although most people are tired of hearing about Deasy’s PhD “controversy” (http://weblogs.baltimoresun.com/news/education/blog/2008/10/prince_georges_says_goodbye_to.html) it is always worth remembering because it is a perfect metaphor for how Deasy has always gotten his way throughout his entire education life. With the tremendous support of a financial power structure that has bolstered his career from Day One, Deasy has been the beneficiary of those whose interests he promotes. First it was the financial interests of billionaires Bill Gates and later Eli Broad which morph conveniently into the political interests of the neo-liberal Democrat agenda.

“Brought in and imposed upon the city by former Mayor Antonio Villaraigosa, Deasy consolidated his support by having Eli Broad pony up millions into LAUSD to “buy” support for him. Deasy has enjoyed the unfaltering support of The United Way, the Chamber of Commerce, multi-millionaire Jamie Alter-Lynton’s LA SCHOOL REPORT and The LA Times…behind these entities are all men and women of great wealth who have thrown their considerable influence backing Deasy’s “Reform” Agenda but do not send their own kids to LAUSD. Our current Mayor Eric Garcetti is a product of the UCLA Lab School and the tony Harvard Westlake Prep (as Mayor Emmanuel sends his kids to University of Chicago Lab where the Obama kids also attended).

“No matter.

“Like many other inner cities with very separate education agendas for other people’s children, these socially-liberal Titans of LA Power pull the strings for a school system that is both racist and classist. The type of education that Deasy prescribes for the kids of LAUSD would never go over in his former school district of Santa Monica. Educated, mostly white and financially secure parents would not tolerate the low bar for their own kids. They would not tolerate the class size that our students endure and are supposed to “buck up” and learn in, nor the pitiful lack of electives, art, drama or field trip opportunities.

“As for LAUSD teachers? Most suffer in silence. Our system’s teachers are cowed and intimidated. Where do they look for support? How did they become the enemy? Hundreds of teachers in “jail” in LA. Deasy gets a 91% disapproval rating from the very people he leads and it doesn’t garner a shrug. Imagine if the Secretary of Defense got that rating from the troops or any municipal Police Chief from the officers on the street? There would be calls for firing immediately, but teachers are demonized and can be ignored. Everyone from Obama to Bill Gates to Arne Duncan gives lip service to “WE LOVE TEACHERS!” but it is in much the same way as Colonel Sanders LOVES his chickens.

“Only a neo-liberal, corporatist agenda could get a piece of agitprop like the anti-union teacher film WON’T BACK DOWN at the last Democratic Convention. Wall Street loves people like Arne Duncan and John Deasy and Barack Obama. No matter that these people never had any experience in public urban education before they rose to power, they have sought to undermine teachers and student opportunities at every level.

“They have no shame of putting my students in a real-life movie that actually SUBVERTS their interests. They will back law suits like Vergara v. California stating its “for the kids”. Deasy will claim that his teachers are the problem, instead of the social issues that hold students’ lives in their sway. Ghastly, Deasy then claims that its HIS OWN self-serving, self-aggrandizing, self-benefiting educational policies (and those of Gates, Broad, Pearson, et. al) that are the life preservers for the kids.

“Our kids are afloat in a desperate sea and the “rescue” ship they send is manned by cannibals.

“The LAUSD School Board is a feckless lot. It is too much inside baseball to go into the individual psychologies of the seven members. Suffice to say they read the newspapers and are always VERY concerned how they appear to the editorial boards who keep them in line. Education is political and its big business. To say otherwise is ignorant at best and downright disingenuous at worst. I do not hold out much hope for this sorry lot because they are all in over their heads.

“Without rehashing the iPad story, LA’s citizens got upset because they saw it as a ridiculous waste of their money–while teachers saw it as horrifying waste of resources and priorities. We were told by our leader, Deasy, that iPads were a Civil Rights issue which was met with universal derision. We are now forced to figure out some way of threading the needle of asking the public to actually give MORE to public education which actually IS a Civil Rights issue, but it has been polluted by Deasy’s “version” of Civil Rights. When our own district stabs us in the back, undercutting our desire to make the public understand what the system truly needs, then what hope do we have to actually do right by our kids?

“John Deasy, Bill Gates, Arne Duncan and Barack Obama have miserably failed all urban kids. Their education is a disaster for my students. But the people who have the influence and power to change it don’t realize it (charitably?) or they simply BELIEVE the “philanthropists” when they say something is true and necessary because they also NEED those people for their political survival. And they get their backing because they back them. And so on and so on and so on….

“To connect the dots even further in this depressing spirit, the National Board for Professional Teaching Standards (NBPTS) has announced that Bill Gates will be a keynote speaker at their 2014 Teaching and Learning conference next month. As a National Board teacher, I am horrified by this entity that is supposed to recognize the excellence in teaching is becoming just a shill front. Education is political and the National Board steadfastly refuses to acknowledge the destruction of public education. In fact, Gates has given so much money to this organization that it has created a toxic influence in the organization, reducing the “reliability” of what National Board constitutes great teaching.

“My disenfranchised classroom loses out simply because we can’t buy our way into a seat at the table.

“My kids can’t “buy” their way into a PhD.

“My kids have to accept what Deasy and The LA Times tells them is necessary for them.

“Who is our court of appeal in this system?

“Vergara v. California is the rich’s power grab. American public education is on trial not by “the people” but by the oligarchs who use it as a punching board to misdirect the culpability of many of these elites in creating the societal pathologies these kids navigate everyday.

“The true enemy of the nine students whose names are cynically being used in the suit are not their teachers–but those who exploit their desire for a true education–and will replace their trust with fat bank accounts in someone else’s name at a desk very far away (and with a much better window view) than theirs at the school’s they originally came from.”

California continues to outpace the nation in the growth of charter schools and charter enrollment, with 104 new schools and 48,000 additional students, according to a report by the National Alliance for Public Charter Schools.

California now has 1,130 charter schools serving 519,000 students.

“The state figures represent a 6.1 percent increase in schools since 2012-13 and a 10.3 percent rise in charter student enrollment. Nationwide, the number of charters rose 7.3 percent. There were 436 new schools and 288,000 students added, for a total of 6,440 schools educating more than 2.5 million students.”

The president and CEO of the National Alliance, Nina Rees, pointed out that this was “the largest increase in the number of students attending charter schools we’ve seen since tracking enrollment growth.” Rees previously served as an education advisor to Vice-President Dick Cheney and to Michael Milken.

At the same time, a member of a charter school in Newport Beach, California, was accused of stealing $750,000 from the school by promising the other members of the board that he could invest it and parlay it into $3 million. He “didn’t return a dollar.” The alleged theft would be the largest from any California charter school. The organization runs five online charter schools.

Charter schools are virtually unregulated and unsupervised in California because the state education department lacks the staff to oversee them. Misdeeds are almost always dependent on whistle-blowers, not official investigations.

The Vergara trial is an effort by a wealthy tech entrepreneur to win a judgment that any due process rights for teachers harms the civil rights of minority students.

The defense (the California Teachers Association and the California Federation of Teachers) called Harvard professor Susan Moore Johnson to testify. Johnson is one of the nation’s leading authorities on the teaching profession. Plaintiffs’ lawyer attempted to rattle her by asking narrow questions about California law and pointing out that she had studied only one district in California, as though the laws there operate in a vacuum. Here is an account from a corporate reform source.

In contrast, the following was sent by a colleague with access to the trial transcript:

“Diane –

“I wanted to let you know that Susan Moore Johnson testified on Tuesday at the Vergara trial. Her testimony was rock star stuff because of her credentials and I thought it’s worth sharing with you for your blog. The plantiff’s tried to say that she wasn’t very qualified to testify because she had only studied a few districts in California directly in the course of her work on the issues that the trail was about. They also admitted that income inequality, poverty and other issues were at play in high poverty schools but they said those things are irrelevant because they only want to focus on taking away teachers rights. You can see some quotes below.

“In Vergara v. California, evidence won the day. Dr. Susan Moore Johnson took the stand on February 18 and 19, using a lifetime of experience and research to back up her testimony that due process allows teachers to do their best work.

“Some highlights from her testimony:

“Due process allows teachers to do their best work: “It’s essential that the people who work with students, primarily the teachers, are able to do their best work, and that means that the conditions of their work have…to ensure that they have the resources they need, the time they need and the conditions they need to teach well.”

“Better working conditions mean greater student improvement: “When we took the data from the surveys and identified the schools that were rated as very favorable working environments, favorable working environments, unfavorables, and we linked that to student achievement using a student growth measure which is used in the state of Massachusetts, we found that student improvement was greater in schools where teachers reported better working conditions.”

“Laws around tenure, seniority and due process help retain good teachers: “Teachers remain in schools where there are strong and effective principals who deal fairly with them and with students and create environments where they can do their best work. Teachers want to be able to teach effectively, and schools that enable them to do that are schools where they will stay. And that’s regardless of the income level of the school.”

“Interestingly, during her testimony, the plaintiff’s lawyer admitted that there were other factors of inequity at play. He said, “”[T]here are other things that can contribute – like racism, etc. That is not relevant.”

“Bottom line:

“Parents, teachers and students are fed up with the inequities that too often plague our classrooms. Schools are under- and unfairly funded. Classrooms are overcrowded. Segregation is still a reality, decades after Brown v Board of Education. Some kids come to school hungry. Others leave with no home to go to.

“If those who brought this case really cared about making a difference for kids, they’d be working with trachrs and parents to find and implement evidence-based solutions – early childhood education, small classes, project-based learning, wraparound services, professional development, fair funding formulas and more.

“Blaming teachers’ work conditions for the inequities in public education is a misdirected, ideological argument.”

New York officials say they will release confidential student data in July to Rupert Murdoch and Bill Gates’ inBloom, despite parental protests and a futile lawsuit. Why the unseemly rush to give away student information?

Meanwhile a California legislator has introduced a proposal to protect student privacy.

The California law is sponsored by Senate President Pro Tem Darrell Steinberg:

“A leading California lawmaker plans to introduce state legislation on Thursday that would shore up privacy and security protections for the personal information of students in elementary through high school, a move that could alter business practices across the nearly $8 billion education technology software industry.

“The bill would prohibit education-related websites, online services and mobile apps for kindergartners through 12th graders from compiling, using or sharing the personal information of those students in California for any reason other than what the school intended or for product maintenance.

“The bill would also prohibit the operators of those services from using or disclosing the information of students in the state for commercial purposes like marketing. It would oblige the firms to encrypt students’ data in transit and at rest, and it would require them to delete a student’s record when it is no longer needed for the purpose the school intended.”

What part of “privacy” do New York officials not understand or care about? Or is their zeal to share a part of the ill-fated Race to the Top project to build a massive data warehouse for vendors?

Teacher John Thompson here brilliantly and cogently dissects the efforts of the Billionaire Boys Club to eliminate due process rights for teachers in California.

This post examines testimony in the infamous Vergara case, where a fabulously wealthy tech entrepreneur has engaged a top legal team to argue that “bad” teachers are causing low test scores. Tom Kane of Harvard and Gates is a star witness for the plaintiffs, and Thompson does a great job of showing that his claims don’t match the evidence. Kane even quotes Campbell’s Law, which warns about the dangers of high-stakes testing. Doesn’t that invalidate the case for the plaintiffs?

Oh, what a tangled web we weave when first we practice to deceive…

The billionaires no doubt hope that a victory in the Vergara case in a strong union state will provide a national precedent to enable them to destroy teachers’ unions wherever they still exist and to eliminate teachers’ due process rights nationwide, even in non-union states.

This case has nothing to do with improving education or protecting children and everything to do with dismantling the teaching profession and cutting costs.

Ty Alper is a law professor at The University of California in Berkeley, one of the nation’s most prestigious law schools. He is running for school board in Berkeley. As he thought about the challenges of teaching today, he realized that his child’s kindergarten teacher was teaching some of the same skills he was teaching:

“Brook Pessin-Whedbee teaches five-year-olds at Rosa Parks. I teach law students in their mid-20s. As a kindergarten teacher, Brook teaches her students how to collaborate in the telling of stories, so they develop not only oral language and story writing skills but also the ability to form partnerships and work together. As a clinical law professor training and supervising law students in the complex representation of clients facing the death penalty, I teach my students how to collaborate in the telling of stories — stories of our clients’ lives, of unfair trials, of prosecutorial misconduct, etc. Brook and I have the same goals: to improve our students’ oral and written skills, and to teach them what it means to work productively as part of a team.”

He doesn’t think that the work they do can be measured by standardized tests. He is right.

Ty is a graduate of the public schools in Berkeley, so is his wife. Both his parents worked in public schools.

I bet he would be a great addition to the Berkeley school board.

It is amazing how many of the 1% are willing to spend millions to remove due process from teachers, most of whom work harder and earn less than said zillionaire’s secretary or chauffeur.

According to this article by Jennifer Medina in the “New York Times,” David F. Welch is a telecommunications executive who has spent millions to create a group called Students Matter to launch a lawsuit in California intended to strip teachers of due process rights.

John Deasy, the Los Angeles superintendent, testified that the union contract prevents him from firing as many teachers as he would like. Presumably, he would fire thousands of teachers if he could.

Will anyone introduce testimony to demonstrate the allegedly superior education available in states where teachers can be fired at will, as Deasy would prefer?

In many communities, the word “evolution” will not be mentioned in science classes. Books that challenge the mores of anyone in the community will not be taught. If due process ends, so will academic freedom.

Shame on the craven Mr. Welch and his all-star team of lawyers, gunning for teachers.

Los Angeles Superintendent John Deasy testified in the trial of the lawsuit claiming that teacher tenure violates the civil rights of students.

The plaintiffs in the Vergara lawsuit want to eliminate due process so it is easier to fire teachers if their students have low test scores.

Most researchers acknowledge that family income and education play a larger role in student test scores than teachers. When the California Teachers Association lawyer Jim Finberg asked Deasy about the role of poverty, this was Deasy’s response:

“When Finberg asked Deasy if he agreed that other factors, such as family wealth and poverty, influence the success or failure of a student, Deasy said, “I believe the statistics correlate, but I don’t believe in causality (of poverty).”

Odd that the gap between haves and have-nots appears on every standardized test. Deasy doesn’t see that poverty might be a causal factor. Like hunger, poor health, homelessness, frequent moves, frequent absemces, economic insecurity, etc., just happen, but don’t cause lower test scores.