Archives for category: Teacher Evaluations

Carol Burris went to Albany to attend the trial of Sheri Lederman’s case against the state of New York, which rated her “ineffective” based on her students’ growth scores. Many other educators attended the trial, which has national implications.

Sheri is an outstanding fourth grade teacher in a high-performing district. When she learned of her poor, computer-generated rating, she was devastated. But her husband Bruce, an attorney, determined to sue the state. He gathered affidavits from some of the mation’s leading experts on teacher evaluations, as well as students, teachers, and her principal.

At the trial, the judge recognized that grading teachers on a curve made no sense.

Burris reports:

“The exasperated New York Supreme Court judge, Roger McDonough, tried to get Assistant Attorney General Galligan to answer his questions. He was looking for clarity and instead got circuitous responses about bell curves, “outliers” and adjustments. Fourth-grade teacher Sheri Lederman’s VAM score of “ineffective” was on trial.

“The more Ms. Galligan tried to defend the bell curve of growth scores as science, the more the judge pushed back with common sense. It was clear that he did his homework. He understood that the New York State Education Department’s VAM system artificially set the percentage of “ineffective” teachers at 7 percent. That arbitrary decision clearly troubled him. “Doesn’t the bell curve make it subjective? There has to be failures,” he asked.

“The defender of the curve said that she did not like the “failure” word.

“The judge quipped, “Ineffectives, how about that?” Those in attendance laughed.

“Ms. Galligan preferred the term “outlier.” Those who got ineffective growth scores were “the outliers who are not doing a good job,” the attorney said. She seemed oblivious to the fourth-grade teacher who was sitting not 10 feet away from where she stood.

“Did her students learn nothing?” Justice McDonough asked. “How could it be that she went from 14 out of 20 points to 1 out of 20 points in one year?” He noted that the students’ scores were quite good and not that different from the year before.

“Back behind the bell curve Ms. Galligan ran. As she tried to explain once again, the judge said, “Therein lies the imprecise nature of this measure.”

Burris demonstrates the irrationality of the state’s measures. Teachers in some of the lowest-performing schools were rated “effective” or “highly effective,” while more teachers is some of the state’s best schools were rated “ineffective.” Crazy!

Burris writes:

“At its core, this story is a love story. It is the story of a teacher who loves her students, her profession and justice so much that she is willing to stand up and let the world know that she was “an outlier” with an “ineffective” score.

“It was love that compelled teachers, retired and active, driving from all corners of the state to be in that courtroom to listen on a hot summer’s day. It was love that compelled her principal to drive to Albany to be there. It was the deep and abiding love of a husband for his wife that compelled Bruce Lederman to spend countless hours preparing an extraordinary defense. And it is love that nourishes and sustains the good school, not avatar score predictions for performance on Common Core tests.”

The Lederman challenge to Néw York’s teacher evaluation system will be heard tomorrow morning at 10 am in the court of Judge McDonough at 16 Eagle Street in Albany. If you are within shouting distance, show up to give Sheri moral support. But mind your manners and respect the decorum of the courtroom.

If you are interested in the subject of teacher evaluation, here is a treat for you. This file contains the affidavits of the experts in the Lederman v. King case, which will be heard in New York Supreme Court in Albany on August 12 at 10 a.m. (If you have trouble with that link, try this one.)

It also contains statements from Sheri Lederman’s superintendent in Great Neck, New York, her principal, her former students, and parents, all testifying to her effectiveness as a teacher. It also includes an affidavit by an economist at AIR attempting to explain New York’s method of calculating teacher effectiveness, defending Sheri Lederman’s rating as ineffective.

Just reading all these affidavits should be enough to earn course credits at any college or university.

If Sheri Lederman should win, her victory will have statewide impact and even national impact.

If she should lose, it is the triumph of an incoherent and punitive status quo.

Lisa Eggert Litvin, a lawyer in the northern suburbs outside New York City, asserts persuasively that the New York State Education Department issued regulations for teacher and principal evaluations in an illegal manner, by declaring an “emergency” and failing to meet the requirements of state law.

I call this post “Note to Bruce Lederman,” because he is the lawyer who is challenging the legitimacy and validity of the state teacher evaluation program on behalf of his wife, teacher Sheri Lederman; if he doesn’t know already, he should be aware that the program was imposed without meeting the requirements of state law.

Litvin is co-president of the Hastings on Hudson PTSA and co-chair of the New York Suburban Consortium for Public Education. She follows the actions of the State Education Department and is an expert on school finance.

She writes:

The state Education Department, with the approval of the Board of Regents, creates rules that school districts legally have to follow. But in doing so, the department has failed to follow the laws that tell it how to make these rules.

Over the past two years, the majority of the Education Department’s rules have been temporary “emergency” rules, which then become permanent — but the vast bulk of these rules haven’t been real emergencies at all. Typically, SED’s reason for the “emergency” is simply that it has run out of time to get something done, and following the legal requirements would take too long. So, SED fast tracks the rules’ adoption process by improperly labeling them as “emergency.” But the law is specific that an “emergency” is rare, and exists only when “necessary for the preservation of the public health, safety or general welfare,” not simply because something is time-sensitive.

Why is this important? Because the legal process for SED to make rules, set forth in the State Administrative Procedure Act, ensures that the public has a right to offer input before rules are finalized, typically in a 45-day window. Also, SED must respond to each of the public’s comments. This is central to our democracy, as this is the only voice the public has in situations where non-elected officials, like the Board of Regents and the Education Department, which the board oversees, make binding rules.

This past June, in response to an impending deadline set by the state Legislature, SED proposed and the Board of Regents adopted new teacher evaluation rules, on an “emergency” basis. There was tremendous outcry over these rules, as they arbitrarily place even more weight on standardized test scores than the prior plan, apparently with no supporting research. Over 25,000 New Yorkers — including many of the state’s most well respected educators — signed a petition urging that the new evaluation plan not be rushed. They called instead for the state to work hand-in-hand with experts on testing and psychometrics to create a thoughtful, well reasoned and research-based plan that would accurately assess teachers, and not harm children’s educations. (Prior plans have not been supported by experts, and have shown erratic and unreliable results.)

The Board of Regents, which is supposed to set state education policy, and SED could have sought an extension to the Legislature’s deadline or presented an alternative vision for creating a better evaluation system. Instead, SED claimed “emergency” — a designation reserved for the “preservation of the general welfare,” even though it was clear that there was no such threat — and pushed the rules through, without any opportunity for public give and take. For this reason, those emergency evaluation rules should be declared invalid.

In its follow-up efforts to make the emergency teacher evaluation rules permanent, SED still continues to disregard the law. The law requires that SED provide the public with critical information about how the rules were created, specifically identifying for the public “each scientific or statistical study, report or analysis that served as the basis for the rule … and the name of the person that produced each study, report or analysis.”

In short, the “emergency” rules were adopted when there was no emergency; public hearings were avoided; and the state continues to break the law by making its “emergency” mandates permanent without public input.

Litvin calls on the Board of Regents and the State Education Department to stop declaring phony “emergencies” and to provide the factual information required by law. It is time, she says, for the new commissioner of education to demonstrate her willingness to consult with experts and practitioners in a collaborative and transparent manner. She should immediately suspend the new evaluation rules and turn to recognized experts to produce a research-based plan. The “emergency” rule-making evades the law and offends democracy by cutting the public out of its role in reviewing policy. Litvin calls for the restoration of a transparent, democratic, open process.

If you are anywhere near Albany, New York, you should try to attend the oral arguments in the Lederman v. King case on August 12 at 10 a.m. in the court of Judge McDonough, Albany County Supreme Court, 16 Eagle Street, Albany, New York.

This is a major challenge to New York’s teacher evaluation system, which could have national implications.

Sheri Lederman is an extremely successful and respected fourth grade teacher in Great Neck, New York, who was rated “ineffective” even though more than twice as many of her students passed the state tests as in the rest of the state. Her lawyer is her husband Bruce Lederman.

Here is a description of the case.

Several national experts on teacher evaluation have submitted affidavits supporting Sheri Lederman, including Linda Darling-Hammond, Aaron Pallas, Sean Corcoran, and Audrey Amrein-Beardsley, asserting that New York State’s teacher evaluation system is incoherent.

Arthur Goldstein teaches English as a Second Language students at Frances Lewis High School in Queens, New York. He blogs as NYC Educator. In his letter, Goldstein refers to a meeting that Chancellor Farina had with a local superintendent, where she recognized that highly rated teachers were likely to get lower ratings in high-poverty schools. The blogger Perdido Street School wrote: “The dirty secret of education reform is that the problems in schools and districts with high poverty/high homelessness demographics are NOT caused by “bad teachers” – they’re caused by all the effects that poverty has on the psychological, emotional, physical and social development of the children in those schools and districts.”

Arthur Goldstein writes:

Dear Chancellor Fariña:

First of all, I applaud you for acknowledging that a highly-effective rated teacher entering a troubled school may suffer a reduced rating as a result of changing schools. I very much appreciate that you’ve taken a personal interest in this teacher and plan to attach an asterisk and follow her ratings. It’s inspirational not only to me, but also to teachers nationwide, that the leader of the largest school district in the country would acknowledge that a school’s population is a major factor in teacher ratings.

This, in fact, has been a major objection many of us, including experts like Diane Ravitch and Carol Burris, have had toward value-added evaluation programs. In fact, the American Statistical Association has determined that teachers impact test scores by a factor of 1-14%. They have also determined that rating teachers by such scores may have detrimental effects on education.

I am struck by the implications of your statement. If it’s possible that a highly-rated teacher may suffer from moving to a school with low test scores, isn’t it just as likely that a poorly-rated teacher would benefit from being moved from a low-rated school to a more highly-rated one? And if, as you say, the teachers are using the same assessments in either locale, doesn’t that indicate that the test scores are determined more by students themselves as opposed to teachers?

For example, I teach beginning ESL students. Teaching these kids is one of the very best things I’ve ever done, but I now consider it a very risky business. Kids who don’t speak English tend not to achieve high scores on standardized tests. I’m sure you also know that acquiring English takes a few years, varies wildly by individual, and that it can take 5-7 years to acquire academic English. The new NYSESLAT test seems to focus on academic English rather than language acquisition. Still, it would be irresponsible of me to neglect offering basic conversation and survival skills. (In fact, NY state now requires that we offer less standalone ESL., which is neither helpful to my students nor supported by research.)

Special education children also have specific needs and disabilities that can inhibit their ability to do well on tests. It doesn’t take an expert to determine that teachers in schools with high concentrations of students with disabilities already are more likely to incur adverse ratings. Who is going to want to teach in these schools? Who will want to teach special education or ESL?

Attaching high stakes to test scores places undue pressure on high-needs kids to pass tests for which they are unsuited. For years I’ve been hearing about differentiation in instruction. I fail to see how this approach can be effectively utilized when there is no differentiation whatsoever in assessment. It’s as though we’re determined to punish both the highest needs children and their teachers.

Since the advent of high-stakes evaluations, the morale of teachers I know and represent has taken a nose dive. Teachers, regardless of ratings, are constantly asking me about their ratings, and live in fear of them, as though the Sword of Damocles were balanced over their heads. Though the Danielson rubric is heralded as objective, in practice it’s very much in the eye of the beholder. As if that were not enough, ratings are frequently altered by test score ratings. Diane Ravitch characterizes them as junk science. (I concur, and having music teachers rated by the English Regents scores of their students pushes it into the realm of the ridiculous.)

Personally, I found the older evaluation reports to be much more thorough and helpful. Supervisors used to be able to give detailed reports of what they saw, and specific suggestions on what could be improved. ThoughI can’t speak for everyone in this, I found them easier to read than the checklists we currently receive. Just like our kids, we are not widgets. We are all different, and are good or not so good on our own merits.

Of course no one wants bad teachers in front of children. The current system, though, seems to focus on student test scores rather than teacher quality. It seems to minimize teacher voice in favor of some idealized classroom that may or may not exist.

It’s a fact that test scores are directly correlated with family income and level of special needs. There is no reliable evidence that test scores are indicative of teacher quality or lack thereof. Teachers are the second-best role models for children. It’s quite difficult for us to show children that life is a thing to be treasured when we have virtual guns placed to our heads demanding higher test scores or else. Just like our kids, we are more than test scores.

On behalf of children and teachers all over New York State, I ask that you join us in demanding a research and practice-based system of evaluating not only teachers, but our students as well.

Sincerely,

Arthur Goldstein, ESL teacher, UFT chapter leader
Francis Lewis High School

Gary Rubinstein keeps a close eye on Teach for America and watches how it shows its true colors from time to time. That happened with the votes cast on amendments to the Senate bill called “Every Child Achieves Act.”

TFA lobbyists urged Senators to support the Murphy-Booker amendments, which would have retained the worst, most punitive features of No Child Left Behind. They also publicly opposed parents’ right to opt their children out of state tests, on the flimsy claim that this would hurt poor and minority children. In fact, poor and minority children are victimized by high-stakes testing, by a greater emphasis on testing, and by closing of schools located mostly in their communities.

Rubinstein writes that the Murphy-Booker amendment:

says that the states must identify the schools most in need of intervention, which must be at least the bottom 5%. It seems that the Democrats did not learn the lessons from NCLB about the danger of putting specific numerical targets into federal law and how those numerical targets can be abused. The fact that there is always a bottom 5% no matter how good the schools are in a state. Also, schools where the graduation rate is less than 67%, a magic number for ‘failing school’ that is not grounded in any real research (not to mention one that is easy to game with different ‘credit recovery’ schemes, but that’s another issue altogether). For schools like this some of the federally mandated interventions are to inform the parents that their child is attending a failing school, to establish ‘partnerships’ with ‘private entities’ to turn around these schools, and to give the states the ability to make, and for this I’ll use a verbatim quote, “any changes to personnel necessary to improve educational opportunities for children in the school.”

So where does Murphy’s Law come in? What could possibly go wrong with this? Well for starters, there would need to be an accurate way to gauge which schools are truly in the ‘bottom 5%.’ I admit that there are some schools that are run much less efficiently than others and surely the different superintendents should have a sense of which schools they are. But as NCLB and Race To The Top (RTTT) taught us, with all the money spent on creating these metrics and the costly tests and ‘growth metrics’ that go along with those tests, it is likely to lead to way too much test prep and neglect of some of the things that make school worth going to. Then those ‘private entities’, could it be any more clear that these are charter schools taking over public schools? And as far as “changes to personnel necessary to improve educational opportunities for the children in the school”, well, firing teachers after school ‘closures’ in New York City hasn’t resulted in improved ‘educational opportunities.’ My sense is that with enough of these mass firings, it will be very difficult to get anyone to risk their careers by teaching at a so-called failing school and the new staff is likely be less effective than the old staff. So you can see why the NEA wrote a letter to the Senate urging them to vote against it. Sadly nearly all the Democrats (and Independent Bernie Sanders!) ignored the plea of the NEA.

TFA’s leaders gave their approval to an article sharply criticizing parents who opt their children out of standardized testing:

In The 74 [Campbell Brown’s website], disgraced former Tennessee Education Commissioner and TFA alum (not to mention ex-husband of Michelle Rhee-Johnston) Kevin Huffman wrote a completely incoherent comparison of parents opting their children out of state tests to parents opting their children out of vaccinations. The title of the article was “Why We Need to Ignore Opt-Outers Like We Do Anti-Vaxxers.” Not that we need to ‘challenge’ them, but we need to ‘ignore’ them. Don’t bother learning what motivates them to do what they do, just assume you know and ignore whatever concerns are causing them to want to do this. Huffman is also a lawyer, though his argument is quite weak. He says that wealthy opt-outers are selfish since they are doing something that somehow benefits themselves while hurting the other, less wealthy people. But does he consider that many opt-outers are doing it as a protest against the misuse of their students test scores to unfairly close schools and fire teachers? Or to protest an over emphasis on testing and testing subjects so they opt out to say “Since I’m opting out anyway, please teach my child as you would have before all this high stakes testing nonsense.” Now I can’t speak for every opt-out supporter, but I believe that opting-out helps everyone, especially the poor since the way the results of the state tests have been used has hurt them disproportionately with school closures and random teacher firings so the idea that all opt-out supporters do so knowingly at the expense of less fortunate others is something that I find offensive. Both co-CEOs of TFA, however, tweeted their approval of this article.

High-stakes testing and punitive policies widens the market for privatization, drives out experienced teachers, and clears the way for more positions for TFA.

Regular readers may have noticed a flurry–one might say–a deluge of comments by a reader who signs as “Virginiasgp.” SGP stands for “student growth percentiles.” He believes with a religious fervor in student growth measures for evaluating teachers. He also says that he has worked in the U.S. Navy on a submarine. Another reader who signs as “NY Teacher” offered Virginiasgp some ideas about the deficiencies of test scores for teacher evaluation:

 

VAsgp
Apparently you think it’s a great idea to run public schools like the Navy runs its nuclear submarine fleet. Well thanks for the inspiration man. You really are a hoot-n-a-half on this. Shear genius. Now let’s take your fantabulous idea and put it to work for the Navy.
Don’t worry, I am highly qualified to help the US Navy mainly because I have zero experience with nuclear submarines. At least we’re square on the experience piece. Well, here goes – my suggestion . . . no, make that my insistence!

 

We must run the Navy’s nuclear submarine fleet just like a high needs, impoverished urban, Title 1 public school. As chief submarine Officer, please understand that there will be a few simple changes to protocol.

 

1) Your evaluation will be based on the ability of you and your crew to navigate a detailed, three dimensional attack course. You evaluation will be based on precision of tracking , speed and acceleration control, and stealth. Numerical data will be assigned to each of these three variables. I’ll even give you one of the newly commissioned, Virginia class ( SSN-774) nuclear-powered fast attack submarines. Seems appropriate Virginia.

 

2) Your crew will consist, instead of the usual adult Navy volunteers, 7th and 8th grade students from the worst performing middle school in the Bronx. Don’t worry, we will give them the same 5 week crash course that a TFAer would get and – you get to teach them! The U.S. Naval Submarine School New London in Groton CT works for me.
As the chief submarine Officer you must ensure that all systems run smoothly. That means you are responsible for your crew of youngsters and their jobs:

 

1) Operating a nuclear reactor and nuclear propulsion system
2) Maintaining on board weapons systems
3) Managing atmosphere control and fire control
4) Driving the vessel and charting its position
5) Operating communications and intelligence equipment

 

FYI/Heads Up:
On any given day or at any given moment, any one or more of your teenage crew may . . .
Be highly distracted and completely inattentive
Refuse to follow orders
Give you the one finger salute
Text and snap chat incessantly while on duty
Be very loud and boisterous
Ask permission to go to the bathroom – every 40 min.
Fight and argue with each other
Argue with you
Sleep on the job
Be absent from duty – some chronically
Disrupt crew meetings
Report for duty under the influence of illegal substances
Express their inner drama queen
Hang out in small groups and completely ignore you
Frequently exhibit silly, irrational, or bizarre behaviors
Forget most of what you taught them in the 5 week’r
Laugh when you yell at them
Stick chewing gum into electronic ports
Complain incessantly

 

Kind of tickles your innards knowing that your Naval career rests on the whims of a crew of mostly dysfunctional adolescents, doesn’t it?

From a reader:

“Florida VAM formula … from the DOE website. This is a terrible joke.

y_i=μ+∑_(g=1)^M▒〖δ_g x_g 〗+∑_(j=1)^K▒〖β_j x_j+θ_(k)i+ω_(mk)i+ε_i; 〗

“VAM is a SCAM and my children will be no part of it.”

Steve Nelson, head of a progressive private school in Néw York City, writes vividly and cogently about the inevitable failure of so-called reform.

The corporate reforms fail because they are built on extrinsic motivation, that is, a regime of carrots and sticks to drive teachers and students to comply with reformers’ demands.

Extrinsic methods tend to depress motivation. People resent being compelled, and they lose the desire to do what they would have willingly done without the whip hand over them.

Intrinsic motivation, by contrast, brings out the best in people.

Nelson writes:

“Intrinsic motivation is driven by factors that emanate from within: Self-satisfaction, desire for mastery, curiosity, fulfillment, pleasure, self-realization, desire for independence, ethical needs, etc. Intrinsic motivation is a powerful innate characteristic of all humans, across cultures and societies. Anyone with children or working with children observes the natural intrinsic motivation of young children – a nearly insatiable curiosity, drive to explore, and desire for mastery.

“A considerable body of research confirms that intrinsic motivation is more powerful, long lasting and important. But intrinsic motivation steadily declines from 3rd grade until 8th or 9th grade as extrinsic structures dramatically increase. The stakes get higher. Tests increase in frequency and duration. Expectations around college and achievement ratchet up. Grade point averages, honor roles, valedictorians, salutatorians, class ranks, honor societies . . . all of these forms of extrinsic motivation are ubiquitous.”

As Jerome Bruner points out, “learning becomes steadily de-contextualized as children move from grade to grade. As school becomes more controlled, more about instruction than exploration, more about abstraction than experience, children’s natural intrinsic motivation declines. The learning is unrelated to their lives. Why would they care?”

Nelson concludes:

“Students and teachers are being subjected to increasingly punitive extrinsic structures: Scores, grades, evaluations, assessments, punishments, discipline, rigidity, standardization, absence of context, divorced from individual experience.
All the factors that stimulate and perpetuate intrinsic motivation are disappearing.

“To say education reform has it wrong is a monumental understatement. Policy makers and educational reformers seem hell bent on beating students and their teachers until their morale improves.

“That’s just stupid.”