Archives for category: Teacher Tenure

Peter Greene read the annual UCLA survey of college freshmen and discovered a depressing fact: the proportion of students planning to major in education has dropped precipitously.

“The percentage of probable education majors stands at 4.2%, the lowest percentage ever since the question was first asked in 1971. And that 4.1% comes at the end of a fifteen-year decline– at the turn of the century, the figure hovered around 11%.” [Just a guess, but I expect that the difference between 4.1 and 4.2 is a typo.]

Now it is possible that future teachers are getting their major in a subject they plan to teach and will go to graduate school for teacher education. But it is also true that future elementary teachers often major in education since they expect to teach many subjects.

But the shrinking enrollments have been reported in both undergraduate and graduate education programs.

Greene writes:

“Many local districts and many states have done their utmost to make teaching as unattractive as it could possibly be. No respect, no autonomy, low pay, no job security, poor work conditions, no control over your professional fate, and treated as if you’re a child. What could be more appealing?

“I keep waiting for Free Market Acolytes to read the writing on the wall. After all, the invisible hand is very clear on this– when people don’t want to buy what you’re selling, when people do want to take your job under the conditions you’ve set, that is a clear sign that you have undervalued the merchandise.

“It has always been an oddity of teacher-related education policy– there is always the presumption that teachers must be teachers, that they cannot choose to be anything else. This is not true. People may choose to be teachers. Or they may choose not to be. Right now, a whole lot of college freshmen choose not to be.

“If you want to buy a Lexus for $7.95 and nobody will sell one to you for that price, that is not a sign of a automobile shortage. If you want to hire a surgeon to cut your grass for $1.50 an hour and nobody will apply for the job, that is not a surgeon shortage. If you want people to become teachers under the current job conditions (and that is a large-ish if because it’s possible that some folks think it would be easier to run education if teachers would all just go away), and fewer and fewer people are biting, that is not the sign of a teacher shortage– it’s a sign that you need to make your job more attractive. This seems obvious to me. We’ll see if anybody in power can figure it out.”

Heckuva job, Arne Duncan! Bill Gates! Eric Hanushek! Raj Chetty! Michelle Rhee! Campbell Brown! Democrats for Education Reform! StudentsFirst! Students Matter! And the rest of the corporate reformers!


Cami Anderson was appointed by Givernor Chris Christie to run the Newark school district. Following much turmoil and disruption, she became a target of parent protests. After being insulted at a meeting of the city’s powerless board, she stopped attending board meetings.

 

 

This past weekend, Anderson resurfaced to declare herself on the side of the plaintiffs in the Vergara case who are trying to strip teachers of due process rights (aka tenure). She declared she was a “huge” supporter of unions and due process, but sided with those who seek to eliminate both.

 

Her article appeared not surprisingly in the anti-union Wall Street Journal.

 

She writes:

 

 

“An appeal is under way of the landmark 2014 Vergara v. California ruling in favor of nine public-school students who courageously challenged state laws they said deprived them of a quality education. The ruling by a Los Angeles County Superior Court judge struck down California’s teacher tenure, dismissal and “last in, first out” layoff laws on grounds that they violate the equal protection clause of the state constitution and “disproportionately affect poor and/or minority students.”

 

 

“Opening arguments in the appeal, which began Feb. 25, had me reflecting on the disheartening lessons I learned regarding teacher’s contracts and labor laws during the five years I served as superintendent of New York City’s Alternative High Schools and Programs (District 79).

 

 

“In 2006 my team and I were charged with improving the lives and academic outcomes of some of our city’s most at-risk young people. About 30,000 students ages 16 to 21, most from low-income families of color, attended our education programs in drug-treatment centers, juvenile detention, in jail on Rikers Island or in the basements of high schools. From the start it was clear that many of these resilient and brilliant young people—trapped in what some call the “school-to-prison pipeline”—had limitless potential, if only they had caring, quality educators

 
“Not long into my term, however, the ugly reality of the dysfunctional systems working against our students hit me. Far from setting the high expectations our students needed to beat the odds, many teachers and staff reinforced our students’ deepest self-doubts. The young people who needed the best, most motivated educators sat downwind of policies that meant they too often got the least-effective educators.

 

 

“At the time, most teachers attained tenure after three years in New York. In District 79, most teachers had attained tenure decades before I became superintendent. (Under California’s now-unconstitutional tenure law, teachers achieve tenure even more quickly: 18 months or less.) Annual performance evaluations are supposed to ensure ongoing quality among tenured teachers, but all too often the system fails. In New York 99% of teachers receive “effective” ratings while fewer than 40% of high-schoolers graduate college-ready. Union and management officials admit in private that the results of teacher evaluations have little to do with reality.

 

 

“Even worse, teachers engaging in egregious conduct, like showing up late 40 times in a single year, physically assaulting a child, or falsifying records (actual examples), incurred no consequences—unless we spent over $100,000 and up to two years to revoke their tenure. Even then, a slow and broken arbitration system could order the teacher back into the classroom due to technicalities.

 

 

“More shocking, if a teacher is merely incompetent and delivering mediocre lessons, the process is twice as long and costly, even though, as evidence in Vergara v. California established, the damage to students is equally as devastating.

 

 

“Statutes forcing us to retain tenured educators regardless of quality also prevented us from adapting staffing to meet evolving student needs. For example, if we wanted to hire a new, highly motivated person with alternative-high-school experience to teach computer code, the job security of the tenured “teacher of plumbing” or “elevator operator” prevented us—even if the unneeded teacher was mediocre or worse.

 

 

“As a huge believer in unions, due process and collective bargaining, I agonized seeing union staff zealously defend a tenure system that essentially traded students’ futures for jobs at all costs. Quality-blind tenure systems for teachers have a devastating impact on students and on the teachers who want most to make a difference.

 

 

“The incredible work of some dedicated educators was overshadowed by far too many who lamented that our students were unreachable and regularly told me students were best served with low-level work sheets and mindless busy work. When I arrived at District 79 in 2006, it was the exception, rather than the rule, to observe a teacher conducting lessons that actively engaged students.

 

 

“Meanwhile, our district employed nearly a dozen “principals” and “vice principals” who did not serve in any formal leadership capacity. Lawyers had negotiated settlements to place them “off the radar” rather than attempt to navigate the byzantine tenure-revocation process. Caring teachers were often discouraged and driven to become less effective or leave the district. People were quick to tell me there was nothing I could do about it because of labor laws and practices—and that asking questions made you a target.

 

 

“Despite the painful effects of a broken tenure system on our district, over five years, we made tremendous strides through better mental-health services, smarter curricula to close academic gaps, and individualized plans for students coming out of incarceration. Courageous staff and union leaders bucked the status quo and put the interests of students over the interests of adults. Unfortunately, the unnecessary obstacles we had to tackle to attain these results demoralized many dedicated educators, confronted daily by the overall lack of quality personnel.

 

 

“Over and over, I saw the issue at the heart of the Vergara case play out in my district—the worst educators serving children in the toughest circumstances, in part because these students and their families had limited ways to fight back. Why should doing the right thing require nine brave students to sue the state, as we’ve seen in California, or “rule-breaking” educators and union leaders, like I knew in District 79, to defend students’ rights to quality instruction? Shouldn’t public policy that puts students first be the status quo?”

 

What she doesn’t mention in her article is that the Vergara trial did not show any damage to the plaintiffs. One of the accused teachers was Pasadena’s “teacher of the year.” Two of the student plaintiffs were enrolled in charter schools, where none of their teachers had tenure. Some of the other teachers did not have tenure.

 

 

Blogger Sam Chaltain says that there used to be a monumental struggle between two extremes: on one side were the “New-Schoolers,” led by Michelle Rhee, who were champions of choice, TFA, charters, and so forth. On the other were the “Old-Schoolers,” led by me, representing “tenured elders, district loyalists, progressive die-hards, etc.”

Now, writes Sam, the battle is over, old hat, finished, and done, because he is part of a group that has envisioned a new paradigm for American education that is “that clearly places students at the center by making learning more personalized, relevant, and real-world-situated.”

To wit, check out the website of the Convergence Policy Center’s Education Reimagined project (full disclosure: I’m a contributor). For two years, Convergence has been gathering almost thirty of us – practitioners and policymakers, “Deformers” and “Status-Quo’ers,” Progressives and Conservatives, union leaders and union critics – to spend time together, for the purpose of seeing if they could ever get all of us to agree on anything.

And they did! They found a great Convergence!

The wars are over! Forget the Vergara trial to take away teachers’ due process rights. Forget Eli Broad’s move to take over half the students in the Los Angeles Unified School District and his plans to charterize the District of Columbia. Forget Scott Walker’s efforts to eliminate public education in Milwaukee, and eventually in other parts of Wisconsin. Forget the hedge funders who pour millions of dollars into state and local school board races and who buy politicians with strategic donations. Stop worrying so much about poverty and segregation.

All of those concerns are Old School.

Is Sam right? Are the wars over? Should we stop resisting and get out of the way of the Great Convergence?

If the battle is over, I am ready to quit; is Eli Broad? is Bill Gates? is Scott Walker? is John Kasich? is Rick Scott? is Bobby Jindal? will the hedge fund guys put away their checkbooks? If I stop, and they don’t, what will happen to the teaching profession? What will happen to public education?

What do you think? I am listening and reading.

NEWS RELEASE September 16, 2015

Contacts: For CFT: Fred Glass, (510) 579-3343
For CTA: Frank Wells, (562) 708-5425

For Information on the Civil Rights Groups Brief:
Jennifer Bezoza or Candice Francis, (415) 543-9697, ext. 232

FOR IMMEDIATE RELEASE
Civil Rights Groups, Researchers, Legal Scholars, and Top Educators
Urge Reversal of Deeply Flawed Vergara Ruling

Amicus “Friend of the Court” Briefs Filed Today Spotlight Harm to Students and Failings of Decision

LOS ANGELES — Some of the nation’s top legal scholars, education policy experts, civil rights advocates, award-winning teachers, school board members and administrators filed five amici curiae, or “friend of the court,” briefs with the California Court of Appeal today. The filings shine a spotlight on the numerous and major flaws that would harm students in last year’s decision striking down important due process rights for California educators, as well as other laws governing hiring and layoffs of state educators. The briefs strongly criticize the Vergara ruling on both legal and policy grounds, urging that the decision be reversed.

Prominent civil rights organizations including the Lawyers’ Committee for Civil Rights, Equal Justice Society, Education Law Center, Southern Poverty Law Center, and Advancing Justice-LA filed powerful briefs. These organizations argued that a lack of adequate funding, and certainly not the challenged statutes, is the primary cause of educational inequity, and that in order to close the achievement gap, disadvantaged schools and students must have the support and resources they need to succeed. Arguing that money and race influence competition for qualified teachers and the ability of districts to enact proven reforms like smaller class sizes, the organizations urged the Court to reverse the “…plaintiffs’ attempt to lay blame at the feet of the tenure system for disparities that are the product of other factors, including chronically inadequate funding for education.”

Some of California’s most-honored teachers—including 2012 National Teacher of the Year Rebecca Mieliwocki, and 2014 California Teacher of the Year and national nominee Timothy Smith—wrote of the importance of due process and how these laws ensure they are able to teach without fear of discriminatory, politically-motivated, or baseless termination, and how the laws support the risk-taking often necessary to be an outstanding teacher. They also stressed how striking down the challenged statutes would likely worsen teacher turnover in already disadvantaged school districts. The educators were joined in their brief by the American Association of University Professors, the Arab-American Anti-Discrimination Committee, and the Korematsu Center for Law & Equality.

More than ninety top national education researchers and scholars, including Diane Ravitch, Richard Ingersoll and Eva Baker, took the decision to task for failing to establish any causal link between the challenged statutes and any alleged problems the suit purports to address. These experts argued that current laws play a key role in the recruitment and retention of quality teachers, in a job market where teaching is unfortunately often becoming less and less attractive as a career option for university students. The researchers were also highly critical of the plaintiffs’ proposal to rely on standardized test scores and the “value-added method (VAM)” of interpreting those scores as the major criteria for teacher layoffs due to budget cuts. “VAM scores have been shown to be unstable and to fluctuate dramatically from year to year, so that a teacher could appear very ineffective one year and then very effective the next,” they wrote. “The trial court ultimately failed to consider the possibility that relying solely on VAMs as a way to administer reductions-in-force could drive teachers away from the profession and exacerbate the teacher shortage.”

Past and present school board members, as well as school administrators, filed a brief that argued making teaching a more attractive profession is in the best interest of students. Vergara would make teaching a less desirable profession and would exacerbate a growing teacher scarcity, especially in light of the fact that it is just one among many ongoing orchestrated attacks on educators. Among supporters of the appeal were Kevin Beiser, board member of the San Diego Unified School District; Joan Buchanan, former state lawmaker and trustee of the San Ramon Valley Unified School District; and Steve Zimmer, board president of the Los Angeles Unified School District.

Perhaps most devastating to the decision was the brief by some of the top legal scholars in the country, among them Dean Erwin Chemerinsky and Catherine Fisk of UC Irvine Law School, Charles Ogletree of Harvard Law School, and Pam Karlan of Stanford Law School. These experts said there was simply no basis in the law for finding the challenged statutes unconstitutional or that any causal link had been demonstrated between the statutes and a diminished education for any student. They argued that striking down the statutes could in fact make things worse for students. They wrote, “In this case, the trial court substituted its judgment about desirable education policy and the best way to improve education for students without regard to the harms its policy choice might cause and without regard to the evidence or the law about the cause of educational inequities and the likelihood that the court’s injunction would redress it. The trial court exceeded its role in our constitutional system and its ruling must be reversed.”

Attorney General Kamala Harris, representing the State of California as defendant; and the intervening parties, California Teachers Association and California Federation of Teachers, had filed separate appeal briefs earlier this summer. The amici curiae briefs filed today, as well as a complete list of signatories, can be seen here.

James D. Hogan, a former high school AP English teacher who now works for a liberal arts college in North Carolina, spells out the dramatic changes in his state over the past few years. He reaches a considered and dire conclusion: “North Carolina is waging war against public education.”

He describes in horrifying detail how the state legislature and Governor has systematically attacked the teaching profession, literally driving experienced teachers out of the state, and opened every possible avenue for privatization and profiteering.

At a time when public education is under attack in many states (often with the silent assent or the active approval of the Obama administration), North Carolina may well be the worst and meanest state in the nation.

In this brilliant article, Hogan writes:


Let me begin by saying that I am often no fan of hyperbole. We live in an era in which blog titles like this one are used as click bait, lures to entice–and, really, to enrage–readers and provide as little meat on the figurative bone as possible.

But I really mean it when I say this: North Carolina is waging war against public education.

From the rise of mega-testing companies and the policies that mandate them, to the widespread adoption of common curriculum, to the years of economic struggle following the Great Recession, public schools have endured substantial stress, and they may very well look substantially altered by the end of this decade. The biggest change? Public education is wholly political, evenly divided and polarized by factions on the left and right. What I call war, others may call a revolution.

Make no mistake, however. Our state is dismantling its public education system. And it didn’t have to be this way–the pathway that brought us here was paved with underfunded budgets, tactical strikes against public school teachers, fundamental changes in how charter schools operate and how tax dollars can go to private or religious schools, and the erosion of our hallowed University of North Carolina. In other words, not the failure of public education.

Why? That’s the question I most often found myself asking. Why would our state government work so hard to threaten public education? Who could have the audacity, or the political capital, to take on such an assault?….

When North Carolina Republicans took control of the state government in 2012, they quickly set into motion a sweeping agenda to enact conservative social reforms and, more importantly, vastly change how the state spends its money. It was the first time in more than a century that Republicans enjoyed such political dominance in our state.

What brought them all to town? A good reason: in the 2011-12 budget year, North Carolina projected a multi-billion dollar deficit, enough to rank the state among the worst budget offenders in the country and bring a new slate of elected legislators to Raleigh. So Republicans, with a clear mandate to clean up the fiscal mess in November 2012, set to work righting the ship.

What does a state like ours spend money on? Public education, including higher education, consumes about a third of North Carolina’s budget. Health and Human Services, including the state’s Medicaid and unemployment programs, composes an even larger slice, about 37.5 percent.

Other state programs make up little bits and pieces: nearly 8 percent on transportation and highways, 5.5 percent on public safety, 9 percent on natural and economic resources.

In other words, if you want to make big cuts, public education is one of two really big targets.

After that landslide election in 2012, legislators began sharpening their knives.

A Fury of Budget Cuts

Among their first targets: reductions in unemployment benefits, cuts to public schools, including laying off thousands of teachers, and a massive, nearly half-billion dollar slash from the University of North Carolina.

Two years later, in the last budget cycle, 2014-15, the legislature provided roughly $500 million less for education than schools needed.

Later in the 2013 session, though, the most radical changes in state financing fell into place. Republicans reconstructed the state’s tax code, relieving the burden on corporations and wealthy residents. They continued to take aim at other parts of the education budget, cutting More at Four program dollars and decreasing accessibility for poor families. The state lost thousands more teacher and teacher assistant positions. The bloodletting was fierce. More on that in a minute.

Across the state, local education districts were faced with budget deficits of considerable proportion after legislators hacked away their funding. School systems raided fund balances, rainy day funds set aside for things like natural disasters, not political ones. Elsewhere, employees were furloughed, teachers were laid off, teacher assistants were forced to take other jobs or lose their classroom positions, and so forth. Non-personnel funding disappeared. Textbooks stayed in circulation another year. Buildings were patched together instead of replaced. Education Week called ours “The Most Backward Legislature in America.”

Republicans defended these austerity measures by saying that lower taxes would eventually yield fiscal growth. And they were right. This year, the government is enjoying a $445 million surplus–a clear victory in light of those multi-billion dollar deficits of yore–but still a statistically small number in light of the state’s $21 billion budget (about two percent), especially after considering that our state budget is still smaller than it was in 2011.

In fact, by 2014-15, North Carolina was still spending $100 million less on public education than it had before the economic recession. And over the past ten years, public schools added more than 150,000 additional students. No Republican legislator can honestly say that per pupil expenditures across the state have increased in the last six years.

Taking Aim at Teachers

Curiously, the Republican-held capital didn’t stop at defunding education. They also took aim at teachers.

NC teachers are prohibited by law from unionizing, but they did have a common advocacy group in the North Carolina Association of Educators. In 2011, the legislature passed a law targeting how the group collects dues from member teachers. Then-Governor Bev Purdue vetoed it. In 2012, the law made its way back to Purdue, who vetoed again–but the House overrode it during a sneaky, late-night vote. (The law was later found to be discriminatory, retaliatory, and a violation of free speech and thrown out by state courts.)

But with teacher’s main advocacy group effectively muzzled, the legislature was free to run rampant, and teachers quickly came under fire.

Teacher salaries fell to 46th in the nation and worst in the south after five years with zero pay increases. And when Republicans finally acted to increase teacher pay, they claimed to make the biggest pay hike in state history–but in reality only bumped up paychecks by an average of $270 per year. When you factored inflation into the mix, teachers were losing money.

Meanwhile, Texas and Virginia started actively recruiting North Carolina teachers to go work in their states. It didn’t take much to convince Tarheel teachers to flee–especially after some teachers discovered they earned substantially less money than when they started thanks to inflation.

In case pitiful paychecks weren’t enough to deter teachers from returning to work, the legislature next took aim at teacher tenure. The Republican-led proposal initially was to eliminate tenure altogether, but eventually they came up with a plan that would grant teachers pay raises for giving up their career status. It was, as I wrote then, a clever way of getting rid of veteran teachers.

Eventually, that compromise became law, and teachers state-wide began the effort of figuring out if their career status or their retirement pension was more important–and once again, the court stepped in and overturned the law. Another legislative overreach corrected by the courts.

(This year, just for kicks, the NC Senate is proposing an end to teacher healthcare coverage in retirement. “That’s something that should have been done a long time ago,” state Rep. Gary Pendleton said.)

The assault didn’t stop with the assaults on new and tenured teachers. It continued on teacher preparation programs, including the North Carolina Teaching Fellows Program.

The Teaching Fellows program was arguably one of the best teacher prep scholarships in the nation; it celebrated a better retention rate than its federal cousin, Teach For America, and it produced droves of quality teachers who filled hard-up school classrooms. Its budget was a modest one, and yet Republicans uprooted it from the state budget and killed the entire program.

This year, with its final class of scholars graduating college, the program officially flat-lined. State Teacher of the Year Keana Triplett called the legislature’s shuttering of the Teaching Fellows “the single biggest mistake in public education.”

The result? Enrollment in teacher prep programs in the UNC system has dropped 27 percent in the last five years. A teacher shortage is just around the corner.

First, weaken schools. Then print parents a ticket out–and into for-profit schools….

Let’s review. With an unassailable, veto-proof majority, North Carolina Republicans seized control of this state and unleashed a devastating blow to public schools.

They have systematically pared budgets to the bone. They have insulted, antagonized, and demoralized teachers through stingy salary offerings–and they’ve muted the organization that had for many years protected them.

Make no mistake: this is a war against public education. Teachers are losing. I have been reading and writing about education in North Carolina for several years now, and while it might not always appear obvious, our state has formed a cohesive and coordinated attack against public schools.

Public education is at risk. And with every measure–every budget cut, every insult, every weakening–our school house slides toward complete devastation.

– See more at: http://www.forum.jamesdhogan.com/2015/08/the-war-on-north-carolinas-public.html#sthash.hU8suCTK.dpuf

Rebecca Klein, education editor of Huffington Post, reports that Kansas faces a serious teacher shortage. She knows why. Under its retrograde political leaders, Kansas underfunds its schools, pays low teacher salaries, and eliminated teacher tenure (due process rights).

These are the bitter fruits of what is deceptively called “reform.”

More evidence that the so-called “reform movement” is a hoax that hurts American education and kids.

How did the American people fall for the Bush-Obama-Duncan-Walker-Brownback-Snyder-Scott-Kasich, etc. line that attacking and demoralizing teachers was “reform?”

Paul Farhi, a veteran reporter at the Washington Post, wrote an article recently about Campbell Brown’s new “news site” called “The 74,” which is a vehicle for her ongoing campaign against teachers’ unions and tenure and for charters and vouchers. Brown, who has no experience as a teacher, scholar, or researcher, who attended a private high school (her own children attend a private religious school), has become the new face of the corporate reform movement since Michelle Rhee stepped out of the limelight. Last year, Farhi wrote about Brown’s transition from TV talking head to advocate for vouchers, charters, and the elimination of teacher tenure. (You will notice in the earlier article that Brown takes great umbrage to my having described her as telegenic and pretty; well, she IS telegenic and pretty, and I would be happy if anyone said that about me! I consider it a compliment.)

Farhi reports the funding behind “The 74”:

As it happens, Brown raised the funds for the Seventy Four from some of the biggest and wealthiest advocates of the restructuring that the Seventy Four appears to be espousing. The funders include the Dick and Betsy DeVos Family Foundation, the Walton Family Foundation and Bloomberg Philanthropies, all of which have opposed teachers unions and supported various school-privatization initiatives. (Her co-founder, Romy Drucker, was an education adviser to billionaire and former New York City mayor Michael Bloomberg.)

This would be just another garden-variety profile of a controversial figure, but blogger Alexander Russo blasted Farhi as biased against Brown. Although Farhi does not quote another corporate reformer, he quotes Brown herself extensively. Russo questioned Farhi’s objectivity as a journalist. He complained that there was no outside voice supporting Brown, and that Farhi ended the article with skeptical quotes from Washington insider Jack Jennings and AFT President Randi Weingarten. Russo says that Farhi should have allowed Brown to respond to the critics, and he should have found “another outside voice — a journalist, academic, or education leader of some kind — to express support” for Brown. He also wrote that “the overview was inaccurate or misleading” by stating that Brown’s views are supported by conservative politicians and business interests.

In an earlier post, Russo candidly disclosed that he had hoped to join Campbell Brown’s “team,” but didn’t make the cut:

Disclosures: This blog is funded in part by Education Post, which shares several funders with The Seventy-Four. Last summer and Fall, I spoke with Brown and others on the team about partnering with them but nothing came of it.

The curious aspect of this particular flap is that Russo’s blog is jointly funded by the American Federation of Teachers and Education Post (which is funded by the Broad Foundation, the Bloomberg Foundation, and the Walton Family Foundation).

Randi Weingarten tweeted:

Randi Weingarten (@rweingarten)
7/26/15, 1:14 PM
Russo’s criticism of Farhi is off base. Farhi’s piece is smart, effective journalism: washingtonpost.com/lifestyle/styl…

Also:

Randi Weingarten (@rweingarten)
7/26/15, 3:27 PM
@alexanderrusso do u really believe Campbell Brown is no longer ideological or are u acting this way b/c of funding washingtonmonthly.com/the-grade/2015…

“Students Matter,” the Silicon Valley-funded group that launched the Vergara lawsuit to block teacher tenure in California, is now suing 13 school districts for their failure to use test scores in evaluating teachers.

 

The goal is to compel the entire state to use value-added-modeling (VAM), despite the fact that experience and research have demonstrated its invalidity and lack of reliability.

 

The Southern California school systems named in the latest filing are El Monte City, Inglewood Unified, Chaffey Joint Union, Chino Valley Unified, Ontario-Montclair, Saddleback Valley Unified, Upland Unified and Victor Elementary District. The others are: Fairfield-Suisun Unified, Fremont Union, Pittsburg Unified; San Ramon Valley Unified and Antioch Unified.
“School districts are not going to get away with bargaining away their ability to use test scores to evaluate teachers,” said attorney Joshua S. Lipshutz, who is working on behalf of Students Matter. “That’s a direct violation of state law.”

 

The plaintiffs are six California residents, including some parents and teachers, three of whom are participating anonymously.

 

In all, the districts serve about 250,000 students, although the group’s goal is to compel change across California.

 

“The impact is intended to be statewide, to show that no school district is above the law,” Lipshutz said.

 

The plaintiffs are not asking the courts to determine how much weight test scores should be given in a performance review, Lipshutz said. He cited research, however, suggesting that test scores should account for 30% to 40% of an evaluation.

 

The current case, Doe vs. Antioch, builds on earlier litigation involving the Los Angeles Unified School District. In 2012, a Los Angeles Superior Court judge ruled that the school system had to include student test scores in teacher evaluations. But the judge also allowed wide latitude for negotiation between the union and district.

 

The court decision was based on the 1971 Stull Act, which set out rules for teacher evaluations. Many districts had failed for decades to comply with it, according to some experts.

 

Will the Silicon Valley billionaires help to find new teachers when the state faces massive teacher shortages based on the litigation they continue to file?

 

 

 

 

Richard Kahlenberg of the Century Foundation writes a cogent article in The American Educator in defense of tenure. Most people mistakenly think that tenure means a job for life. That may be true in high education (where only a minority of professors have tenure or tenure-track positions), but it is not true in K-12 education. Tenure for teachers means due process, the right to a fair hearing before an impartial judge or arbitrator. Kahlenberg provides a valuable history of tenure in American schools and why it matters. He notes that conservatives have always opposed tenure because it constrains management’s ability to fire at will, without cause. But what is most troubling in the present moment is that people with liberal credentials have jumped on the anti-tenure cause, beguiled by the false idea that students of color will get better teachers if their current teachers could be easily fired.

 

He writes:

 

 

 

Teacher tenure rights, first established more than a century ago, are under unprecedented attack. Tenure—which was enacted to protect students’ education and those who provide it—is under assault from coast to coast, in state legislatures, in state courtrooms, and in the media.In June 2014, in the case of Vergara v. California, a state court judge struck down teacher tenure and seniority laws as a violation of the state’s constitution.* Former CNN and NBC journalist Campbell Brown has championed a copycat case, Wright v. New York, challenging the Empire State’s tenure law (which was consolidated with another New York case challenging tenure, Davids v. New York). Similar cases are reportedly in the works in several other states.

 

Meanwhile, with incentives from the federal Race to the Top program, 18 states have recently weakened tenure laws, and Florida and North Carolina sought to eliminate tenure entirely. According to the Education Commission of the States, in order to give greater weight to so-called performance metrics, 10 states prohibited using tenure or seniority as a primary factor in layoff decisions in 2014, up from five in 2012.

 

Leading media outlets have joined in the drumbeat against tenure. A 2010 Newsweek cover story suggested that “the key to saving American education” is: “We must fire bad teachers.” In 2014, the cover of Time magazine showed a judge’s mallet crushing an apple. The headline, referencing the Vergara case, read, “Rotten Apples: It’s Nearly Impossible to Fire a Bad Teacher; Some Tech Millionaires May Have Found a Way to Change That….”

 

Tenure was designed to prevent patronage hiring and nepotism, as well as to protect teachers for politically motivated firings and defend academic freedom.

 

Kahlenberg offers many examples and adds:

 

The argument for tenure—and the requirement of “just cause” firing—is especially compelling in the case of educators. Teachers feel enormous pressure from parents, principals, and school board members to take actions that may not be in the best interests of students. Teacher and blogger Peter Greene notes that because teachers “answer to a hundred different bosses,” they “need their own special set of protections.” Because all adults, from parents to school board members, have themselves attended school, they feel qualified to weigh in on how educators should teach, while they would never tell a surgeon or an auto mechanic what to do. Richard Casagrande, a lawyer for the New York State United Teachers, made a profound point when he said during recent litigation that tenure laws are “not a gift to teachers. These laws empower teachers to teach well.”

 

To begin with, teachers need tenure to stand up to outsiders who would instruct them on how to teach politically sensitive topics. A science teacher in a fundamentalist community who wants to teach evolution, not pseudoscientific creationism or intelligent design, needs tenure protection. So does a sex-ed teacher who doesn’t want to be fired for giving students practical information about how to avoid getting HIV. So does an English teacher who wants to assign a controversial and thought-provoking novel.

 

These concerns are hardly theoretical. In 2005, the Kansas Board of Education adopted science standards that challenged mainstream evolutionary theory and was cheered by proponents of intelligent design.44 (The standard was later repealed.) In 2010, conservatives on the Texas Board of Education proposed renaming the slave trade the “Atlantic triangular trade,” an effort that was later dropped. And in 2012, the Utah legislature passed (and the governor vetoed) a bill to ban instruction on homosexuality and contraception.

 

Arm yourself with a thoughtful discussion of the history and politics of tenure for teachers. This is a good place to start.

 

 

– See more at: http://www.aft.org/ae/summer2015/kahlenberg#sthash.aaKYcjIJ.dpuf

A few minutes ago, I posted a blog that appeared on the website of The Chronicle of Higher Education, stating that the Board of Regents of the University of Wisconsin was trying to save tenure from the onslaught of Governor Scott Walker and his allies in the Legislature.

I quickly heard from Sara Goldrick-Rab, a professor at UW, who warned me not to believe it:

“Thanks so much for posting the blog tonight. However, it is incorrect. The UW Regents aren’t trying to save tenure- that’s not what they voted to do. This is a Board full of Scott Walker’s appointees and what they did was vote to adopt a fake version of tenure that is called the same thing but still allows for massive layoffs. It is a carefully worded trick and the media fell for it.

“More here:

https://www.insidehighered.com/quicktakes/2015/06/08/wisconsin-board-adopts-tenure-rules-dont-satisfy-professors

“Please help your readers remember that the Regents, the President of UW System, and yes even the Chancellor of Madison are approved by Walker. None are to be trusted, unfortunately. And all are frantically spinning the story to suggest faculty, staff and students are overreacting.

“Thanks

“Sara”