Archives for category: Teacher Tenure

Peter Greene has an endless willingness to read the steady deluge of think-tank reports on how to fix teaching, how to fix schools, etc. it is not necessary to be a teacher to write these reports. That’s what think tanks do.

In this instance, he has read and dissected TNTP’s new report on how to fix tenure. Bear in mind that the original name of the organization, founded by Michelle Rhee (some claim that it was actually founded by Wendy Kopp but what difference), was The New Teacher Project. Its purpose was to place new teachers in urban districts. Thus, TNTP has a vested interest in teacher turnover as it creates more slots for its recruits to fill.

Given that anywhere from 40-50% of teachers don’t last five years, there are already plenty of slots anyway. One would think that a genuine reform would focus on how to recruit, support, and retain excellent teachers who want to make a career of teaching. But no, we still live inn an era when reformers are obsessed with he idea that schools are granting tenure too easily, and tenured teachers are in need of constant watch, lest they slip into their lazy, slacker habits bred of complacency.

Recommendation number one of the report is that no one should get tenure in less than five years. Greene says that any administrator who needs five years to decide whether a teacher is worthy of due process is a dope. (My word, not his.) it is also suggested that tenure be revocable based on test scores, which means it is not tenure at all.

Ken Futernick, a wise educator who has written about the improvement of the teaching profession for many years, has a brilliant article in the Los Angeles Times about “grand bargain” post-Vergara. Futernick testified for the state in the Vergara trial. He has long understood that schools in urban districts with low scores often have poor working conditions, inadequate resources, and high teacher turnover.

The term “grand bargain” typically refers to compromises by warring parties. In this case, he has laid out a program that all states can learn from.

He writes:

“Unless it’s overturned on appeal, the Los Angeles Superior Court’s June decision in Vergara vs. California making it much easier to fire teachers will hurt students if lawmakers, unions and other state education leaders don’t move beyond its limited focus and address the many factors that adversely affect student learning and teacher performance.

“Stakeholders must come together around a “grand bargain” that would address not only teacher incompetence but all the obstacles educators face that, in the end, prevent many students from learning.”

Making it easier to fire “bad teachers” won’t make it easier to hire good ones.

“To be sure, many of those who teach in poor neighborhoods don’t have the same effect on test scores as those who teach in wealthier schools. But most schools that serve poor and minority students — those with high concentrations of English learners, transient students, students with health problems and so on — have fewer resources to meet students’ many needs, larger class sizes and inadequate materials and facilities. In addition, they are staffed with many beginning teachers who turn over at high rates. Not surprisingly, student achievement suffers.

“Also, schools that serve poor students routinely assign teachers to subjects in which they have no expertise. For instance, a 2008 study showed that 27% of math courses in schools serving poor students were taught by teachers who were not qualified to teach math.

“Why are schools that serve poor and minority students overstaffed with inexperienced and out-of-field teachers? Most teachers seek to make a difference and are eager to teach disadvantaged students. But many don’t want to teach in such schools because most of them are extraordinarily difficult, dysfunctional places to work. The teachers there suffer from poor professional support, low morale, run-down facilities, a revolving door of principals and unrelenting accountability pressures.

“Ineffectiveness in the classroom often does not derive from incompetence.

“Consequently, administrators in these schools can’t attract and keep enough well-qualified, experienced teachers. That, in turn, highlights another critical flaw in the judge’s decision — the assumption that these schools can find suitable replacements for fired teachers. Quite the contrary, and administrators’ power to fire teachers without real due process will only exacerbate the teacher recruitment problem….

“For starters, the state should develop a new teacher dismissal process that is fair and efficient. It should not take years and hundreds of thousands of dollars to fire an ineffective teacher if he or she has been given a reasonable chance to improve, has been carefully evaluated and hasn’t done better.

“[Governor Jerry] Brown signed legislation this year that provides a fair and efficient way to adjudicate cases of gross teacher misconduct. Education leaders should develop a similar way to handle cases of teacher incompetence. They also should develop solutions for the other statutes that the court struck down, such as the one that allowed teachers with more seniority to keep their jobs during layoffs. California could do what other states have done, recognize experience along with other factors in making layoff decisions.

“But California must have a solid due process system for teachers, and contrary to popular belief, that’s all that tenure provides. Without a reliable way to determine whether a teacher is truly incompetent, the state will return to an era when employment decisions were fraught with abuse that included higher-salaried, experienced teachers replaced with less-expensive beginners and competent teachers fired because of their political or religious views.”

“Here is the framework Futernick suggests for a “grand bargain”:

“*The state must develop a robust teacher evaluation framework designed to help all teachers improve, not just to identify low performers. Such systems would ensure that principals and other evaluators have the time and training needed to conduct meaningful evaluations.

“*The state should build on the successful peer assistance and review programs that exist in places such as Poway Unified and San Juan Unified. These programs provide high-quality support to struggling teachers. Most participating teachers improve; those who don’t either leave voluntarily or are dismissed without grievances and expensive lawsuits.

“*The state and school districts must improve the conditions in hard-to-staff schools to attract and retain the best teaching candidates and the strongest principals. Among other things, these schools need high-quality professional development, time for teachers to plan and collaborate, and the authority to make professional decisions.”

Without adequate resources, changes in the law will be a hollow promise.

Peter Goodman, long-time observer of Néw York politics, predicts that local and state politics will play a large role in the anti-tenure case that was recently filed in Staten Island. Why Staten Island? It was chosen because it is the most conservative borough in Nee York City. But it is also home to large numbers of public employees.

Follow Goodman as he goes through the politics of Vergara East.

He ultimately concludes that the California decision will be overruled, and the Néw York case will be dismissed. I hope he is right.

The judge overseeing the anti-tenure lawsuits merged the two that had been filed, over the protests of parent activist Mona David’s of the New York City Parents Union.

“Outside the court, Mona Davids, the lead plaintiff in the first case, Davids vs. New York, made it clear that she wasn’t interested in forging a unified effort as she passed out fake $100 bills bearing the grimacing face of Campbell Brown, the news-anchor-turned-activist who spearheaded the second lawsuit, Wright vs. New York.

“It’s our lawsuit,” Davids said. “We filed first.”

“But inside the courtroom, Justice Phillip Minardo decided they were similar enough to combine, and neither lawsuit filed an opposition to the motion. He also decided to let the United Federation of Teachers intervene as a defendant, which will allow the city teachers union to take an active role in defending the current job protection rules. (Minardo deferred a decision about whether the state teachers union could intervene as well because of a paperwork issue.)”

The cases were filed in Staten Island, the city’s most conservative borough, in hopes of finding a sympathetic judge who would rule against tenure.

Davids went after Campbell Brown with a vengeance. Davids said:

“Campbell Brown is is trying to reform her image and make herself relevant on the backs of black and Hispanic children, our children. This is our lawsuit,” Davids said at a press conference where members of her group held up fake $100 bills with Brown’s screaming face in the middle and signs that read “Campbell Brown does not speak for NYC parents.”

“Davids claims Brown discouraged Gibson Dunn, the prestigious law firm that helped secure victory for the plaintiffs in Vergara vs. California, from helping Davids’ case. Gibson Dunn said in early August it would be providing legal support to Davids’ case, then abruptly dropped out several weeks ago, citing conflicts of interest.”

Good news for teachers in Missouri.

The group seeking a constitutional amendment to eliminate teachers’ right to due process (aka “tenure”) has decided to abandon its campaign for now. Called Teach Great, the organization hoped to make test scores the key factor in all decisions about teachers.

“The proposed amendment will still appear on the ballot. It seeks to end tenure and require that decisions around the hiring, promoting, firing and laying off of teachers be determined by at least 51 percent on student performance measures.

“Teach Great took on the task of gathering petition signatures and promoting the ideas that are championed by St. Louis financier Rex Sinquefield.” Sinquefield is a billionaire libertarian.

In an earlier post, I wrote that Sinquefield had put up $750,000 to launch the campaign to eliminate teacher tenure.

I wrote at that time:

“Conservative billionaire Rex Sinquefield does not believe that teaching should be a career. He doesn’t think that teachers should have any job security. He thinks that teachers should have short-term contracts and that their jobs should depend on the test scores of their students. He has contributed $750,000 to launch a campaign for a constitutional amendment in Missouri to achieve his aims.

“The campaign, in a style now associated with those who hope to dismantle the teaching profession, has the duplicitous name “teachgreat.org” to signify the opposite of its intent. The assumption is that the removal of any job security and any kind of due process for teachers will somehow mysteriously produce “great” teachers. This absurd idea is then called “reform.” This is the kind of thinking that typically comes from hedge fund managers, not human service professionals.

“Sinquefield manages billions of dollars and is also the state’s biggest political contributor.

“The “Teachgreat.org” initiative would limit teacher contracts to no more than three years. It also requires “teachers to be dismissed, retained, demoted, promoted, and paid primarily using quantifiable student performance data as part of the evaluation system,” according to the summary on the group’s website.”

See? Never give up hope. Bad ideas come and go, and they go away faster when teachers and parents work together.

In case you missed, here is my interview with Tavis Smiley from September 8. It is about 12 minutes. Tavis asked about the Vergara decision and teacher tenure, about the attacks on teachers and public education, about the goals of the current “reform” movement, Common Core, and my judgment of Race to the Top.

All in 12 minutes!

By the way, if you wonder why I was holding my head in last minutes of show, I should explain that I didn’t have a toothache. My earpiece with the audio feed was falling out, and I was holding it in my ear.

I was interviewed by Tavis Smiley a few minutes ago for a show that is airing tonight. Los Angeles Superintendent John Deasy follows me. I whack the Vergara decision, he praises it.

Tavis and I talked about Vergara, Race to the Top, the “reform” movement, and why there is so much blaming of teachers for all the ills of society. I gave it my all. It was my first media gig since my knee accident last spring. Working on the blog, listening to readers from across the nation keeps me in tip-top shape, mentally if not physically

I enjoy talking to Tavis Smiley. He asks good questions, and he is very simpatico.

Check your local PBS station.

Mercedes Schneider reports the latest twist in the evolving drama in New York state’s education scene, where Campbell Brown is trying to push erratic parent activist Mona Davids off the stage. Davids was quick to file a lawsuit and thought that Brown and Students Matter would support her, but they pulled the plug and told her to go away. Davids has been pro-union and anti-union. She was featured in “The inconvenient Truth About Waiting for Superman.” And, as we say in Texas, she has become a burr under Campbell Brown’s saddle. And Brown wants Mona to go away.

In a much-awaited decision, Governor Jerry Brown has appealed the Vergara decision.

LOS ANGELES (CBS / AP) — Gov. Jerry Brown appealed a court ruling that struck down tenure and other job protections for California’s teachers, setting himself apart from leaders in some other states who have fought to end such protections or at least raise the standards for obtaining them.

Attorney General Kamala Harris filed the appeal late Friday in a Los Angeles County court on behalf of the governor and the state.
The move came a day after Superior Court Judge Rulf Treu finalized his June ruling that found five laws violated the California Constitution by depriving some of the state’s 6.2 million students of a quality education. He’d earlier said the system “shocks the conscience.”

The governor’s one-page notice of appeal said that under the state’s constitution “the important issues presented in this case — if they are to have statewide legal impact — must be reviewed by a higher court, either the Court of Appeal or the Supreme Court of California.”

It says that for reasons that are “unclear and unexplained” actual school districts were dismissed as parties to the lawsuit before trial, meaning the court’s decision “applies only to parties that have no role or duties under the challenged lawsuits.”

It also criticizes Treu for failing to provide details on the legal basis for his reasoning, and simply making his tentative decision final instead of elaborating and expanding on in the ruling that was affirmed Thursday.

Republicans had urged state leaders not to appeal the ruling and criticized his decision to do so Friday.

“A federal court ruled that the State of California is depriving minority children their constitutionally guaranteed right to an equal education and the governor decides to appeal? Unbelievable,” Senate Minority Leader Bob Huff, R-Diamond Bar, said in a written response.

California’s Superintendent of Public Instruction Tom Torlakson had asked the attorney general for the appeal earlier Friday because he lacked the legal authority.

Tom Torlakson, State Superintendent of Schools in California, issued a statement today declaring his decision to seek appellate review of the Vergara decision. Torlakson is a veteran educator. His opponent Marshall Tuck immediately attacked Torlakson. Tuck, a former investment banker, was active in the charter school movement. Tenure is not the only or the most important issue that divides them. Tuck’s penchant for privatization would undermine public education across the state.

I know Tom Torlakson well. He is humble, knowledgeable, and understands schooling. I hope the voters of California are wise enough to re-elect him.

Tom Torlakson said today:

Friends,

Earlier today I issued a statement regarding my decision to seek appellate review of the Vergara case, which has drawn considerable public attention in recent weeks.

Here is the complete text of my public statement:

“The people who dedicate their lives to the teaching profession deserve our admiration and support. Instead, this ruling lays the failings of our education system at their feet.

“We do not fault doctors when the emergency room is full. We do not criticize the firefighter whose supply of water runs dry. Yet while we crowd our classrooms and fail to properly equip them with adequate resources, those who filed and support this case shamelessly seek to blame teachers who step forward every day to make a difference for our children.

“No teacher is perfect. A very few are not worthy of the job. School districts have always had the power to dismiss those who do not measure up, and this year I helped pass a new law that streamlined the dismissal process, while protecting the rights of both teachers and students. It is disappointing that the Court refused to even consider this important reform.

“In a cruel irony, this final ruling comes as many California teachers spend countless unpaid hours preparing to start the new school year in hopes of better serving the very students this case purportedly seeks to help.

“While the statutes in this case are not under my jurisdiction as state Superintendent, it is clear that the Court’s ruling is not supported by the facts or the law. Its vagueness provides no guidance about how the Legislature could successfully alter the challenged statutes to satisfy the Court. Accordingly, I will ask the Attorney General to seek appellate review.”

Best regards,

Tom