Posts tagged ‘Stull Act’

December 4, 2012

Better Than What We Have Today?

Larry Sand President California Teachers Empowerment Network

Larry Sand President California Teachers Empowerment Network

A reportedly “historic” teacher evaluation deal between Los Angeles Unified and the teachers union would solidify the dismal status quo.

A substantive settlement in the Doe vs. Deasy lawsuit would drag the Los Angeles Unified School District into the 21st Century.

In November of 2011, I wrote:

…a half-dozen anonymous families working with EdVoice, a reform advocacy group in Sacramento, filed a lawsuit in Los Angeles Superior Court against the LAUSD, district superintendent John Deasy, and United Teachers Los Angeles. The lawsuit in essence accuses the district and the union of a gross dereliction of duty. According to the parents’ complaint, the district and the union have violated the children’s “fundamental right to basic educational equality and opportunity” by failing to comply with a section of the California Education Code known as the Stull Act. Under the 1971 law, a school district must include student achievement as part of a teacher’s evaluation. Los Angeles Unified has never done so: the teachers union wouldn’t allow it.

In 1999, the state legislature amended the law, named after the late Republican state senator John Stull, to require that “the governing board of each school district shall evaluate and assess certificated employee performance as it reasonably relates to: the progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments.” In plainer words, a teacher’s evaluation must be based at least in part on how well her students perform on state tests.

In June, a judge ruling in favor of the plaintiffs said that student performance must be used as part of a teacher’s evaluation. Then this past Friday, after months of negotiation, the school district and union did reach what is being called a tentative settlement. (The final details of the agreement must be submitted to the judge by end of business day today.) That’s the good news. The bad news is that the terms of the agreement (as written so far) are so vague as to be meaningless. The United Teachers of Los Angeles immediately posted a summary of key elements on its website. The first part says,

No individual AGT/VAM in final evaluation: As specified in this agreement, a teacher’s individual AGT results cannot be used to form the basis for any performance objective or be used in the final evaluation (SECTION 1.3E).

This means that “academic growth over time (AGT)” or “value added measurements (VAM)”   which assess the value or improvement that a teacher adds to a student’s knowledge base via a standardized test score during the time that the student is in the teacher’s classroom – cannot be used. The district had wanted to use AGT as 30 percent of the total assessment, but the union collectively bargained that reasonable number down to zero. Instead,

The teacher and administrator will determine data sources: The multiple measures of student progress for the initial planning sheets will be determined by the administrator and the employee. These measures may include:

• data such as a teacher’s past CST results (not AGT), current students’ previous CST results, and school-level CST/AGT data, and

• authentic evidence of student learning, such as teacher-created assessments, student projects and portfolios, semester/unit culminating activities, and periodic assessments (SECTION 1.3A-G).

None of these measures are to be treated as the “sole, primary or controlling” factors in determining the overall final evaluation (SECTION 2.0A).

In other words, it’s business as usual. There is way too much wiggle room here. This ruling was supposed to bring forth a more objective way to assess teachers and add an accountability factor. But with this settlement, incompetent teachers and unaccountable principals can survive lengthy careers and irreparably damage millions of children. Curiously, absent a savvy principal, an excellent teacher can be made to appear to be mediocre. It cannot be stressed enough that principals in Los Angeles, though technically at-will employees, live in the same “culture of non-accountability” as teachers, and if this agreement is accepted as is, these administrators will have a bigger and more important role in assessing teacher quality. As Stanford Professor Eric Hanushek points out, principals can make a huge difference in a school’s performance. Yet they have not been held to any real liability. So we will now have evaluation methods “determined by the administrator and the employee” with neither party being held accountable for student learning.

Also, it’s no secret that the process to fire an incompetent teacher is so expensive and time-consuming that few principals even make the effort. This issue must be directly addressed as part of this agreement or school kids in Los Angeles will continue to be victimized by the current dysfunctional system.

Amazingly, the powers that be are gushing over the preliminary agreement. Superintendent John Deasy went so far as to declare the new plan “historic.” LAUSD school board President Monica Garcia damned the deal with faint praise, saying it is “absolutely, by all accounts, better than what we have today.”

The agreement is not written in stone yet. After receiving some final add-ons, the judge will assess whether it fulfills all the legal requirements of the Stull Act. If it passes that hurdle, the UTLA rank-and-file gets to vote on it in January.

Additionally, while the agreement applies to LA only, the rest of the school districts and local unions in the state will be watching. They too will have to follow the law and implement some kind of evaluation plan, and very well may use this deal as a template. Unless new details emerge or the judge tosses this version into the round file, the teachers union gets the last laugh and the children yet again get the shaft.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

May 22, 2012

Earthquake Could Alter Education Landscape in California

Latest temblor to hit the Golden State is a lawsuit that could result in a major tectonic shift in education.

Larry Sand President California Teachers Empowerment Network

In September of 1975, due to New York City’s dire fiscal situation, I was laid off from my teaching position at P.S. 125 in Harlem. I lost my job not because I was a bad teacher, but because I was hired a few months after the teacher in the room next to mine…who was a lousy teacher.  Using seniority, or last in/first out (LIFO), as a way to determine who keeps their job is wrong. It stank 37 years ago in New York and it’s no better in California in 2012.

Thirty-three other states leave these kinds of staffing decisions to local education agencies, but in California, LIFO is written into the state education code. However, this and more may be about to change. If successful, a lawsuit filed last week in Los Angeles by Students Matter would shake up the way California conducts much of its educational business. John Fensterwald writes,

Students Matter is the creation of David Welch, co-founder of Infinera, a manufacturer of optical telecommunications systems in Sunnyvale. The new nonprofit filed its lawsuit in Los Angeles Superior Court on Monday on behalf of eight students who attend four school districts. A spokesperson for the organization told the Los Angeles Times that Los Angeles philanthropist Eli Broad and a few other individuals are underwriting the lawsuit. They have hired two top-gun attorneys to lead the case: Ted Boutrous, a partner in the Los Angeles law firm of Gibson, Dunn & Crutcher, and Ted Olsen, former solicitor general for President George W. Bush.

The lawsuit asserts that five “outdated statutes” prevent administrators from making employment decisions in students’ interest. The tenure statute forces districts to decide after teachers are on the job only 18 months whether to grant them permanent job status. Once granted tenure, they gain due-process rights that make it expensive and difficult to fire them even if they’re “grossly ineffective.” And then, when an economic downturn comes – witness the last four years – a Last In/First Out (LIFO) requirement leads to layoffs based strictly on seniority, not competency.

Organizations that have signed up for the suit as advisors are major players in the educational reform world. They include:

Of course California shouldn’t need a lawsuit to end such an onerous system. But the sad fact is that it does for the simple reason that too many people in power have become way too comfy and have too much invested in the abysmal status quo. The teachers unions’ raison d’être will suffer if teachers started being treated as professionals and not interchangeable widgets. School boards will have to stop being doormats for their local teachers unions, take more initiative and come up with evaluation systems for teachers that have teeth. And school administrators will have to conduct teacher evaluations that ensure the best ones keep their jobs and the bottom performers are shown the door. Principals need to know that if they don’t accurately assess teachers, they could be out of a job. In short, there will be real accountability for all the players.

So far, very little has come out of the teachers’ and principals’ unions about the Students Matter lawsuit and the California School Board Association has also been mum. At this point, the only recorded comment on the lawsuit has come from the California Teachers Association president who in typical union fashion tried to redirect the conversation and duck any responsibility for the educational mess we find ourselves in. Dean Vogel said,

…the debate about teacher tenure and dismissal is being driven by the state’s economic crisis, which has drained education funding and resulted in waves of layoffs.

No Mr. Vogel, the debate has been brought to a head by the economic crisis, but is driven by people who actually care about how children are educated and miseducated in California.

In addition to LIFO, the suit attacks tenure which can be attained in California after just two years, essentially guaranteeing a 23 year-old teacher a job for life. Over ninety-eight percent of teachers in California get tenure, and once it’s granted, getting rid of a teacher is just about impossible. Fensterwald again,

The protection of ineffective teachers “creates arbitrary and unjustifiable inequality among students,” especially low-income children in low-performing schools, where less experienced teachers are hired and inept veteran teachers are shunted off, under a familiar “dance of the lemons” since they can’t be fired. Because education is a “fundamental interest” under the state Constitution, the five statutes that “dictate this unequal, arbitrary result violate the equal protection provisions of the California Constitution” and should be overturned. 

According to Troy Senik in the Los Angeles Times,

… teachers in California — even terrible ones — are virtually never fired. A tiny 0.03% of California teachers are dismissed after three or more years on the job. In the last decade, the L.A. Unified School District, home to 33,000 teachers, has fired only four. Even when teachers are fired, it’s seldom because of their classroom performance: A 2009 expose by this newspaper found that only 20% of successful dismissals in the state had anything to do with teaching ability. Most involved teachers behaving either obscenely or criminally.

The lawsuit includes a chart which shows the ridiculous lengths that a school district must go through to get rid of an underperformer or a teacher involved in criminality once they have attained tenure.

Interestingly, another lawsuit, filed last year, has a court date in a few weeks. If successful, this litigation, which concerns itself with the state’s 40 year-old Stull Act, would be something of a companion to the Students Matter case. While the Los Angeles Unified School District is targeted in the Stull suit, if it flies, there would be statewide ramifications. As I wrote in January,

For nearly 40 years, the Los Angeles Unified School District has broken the law—and nobody seemed to notice. Now a group of parents and students are taking the district to court. On November 1, a half-dozen anonymous families working with EdVoice, a reform advocacy group in Sacramento, filed a lawsuit in Los Angeles Superior Court against the LAUSD, district superintendent John Deasy, and United Teachers Los Angeles. The lawsuit in essence accuses the district and the union of a gross dereliction of duty. According to the parents’ complaint, the district and the union have violated the children’s “fundamental right to basic educational equality and opportunity” by failing to comply with a section of the California Education Code known as the Stull Act. Under the 1971 law, a school district must include student achievement as part of a teacher’s evaluation. Los Angeles Unified has never done so: the teachers union wouldn’t allow it.

Thus, if the Stull lawsuit is successful, each school district in the state will be required to come up with its own method of evaluating teachers, but they all must use evidence of student learning via a standardized test as a component. If the Students Matter case then succeeds, there will already be evaluation systems in place to supplant LIFO. Incidentally, none of this is exactly revolutionary. At this time, 23 states currently use student performance on standardized tests as part of a teacher’s evaluation.

While the Students Matter case would go a long way toward getting California up to speed, even more would need to be done to restore the Golden State’s once great public education system. But as RiShawn Biddle says, there can be no denying that this lawsuit “is another important step in developing new strategies for advancing systemic reform.” This suit will bring up issues that the entrenched special interests don’t want to discuss. But their tired old spin will give way to the shakes as the earth begins to realign itself and the educational landscape changes.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

January 24, 2012

Exposing a 40 Year Education Crime: Why California Needs School Choice

Busting LAUSD and every other school district in the state for negligence should help kids, but it’s anyone’s guess as to when. In the meantime, giving families more educational options would be a great help, but don’t hold your breath, California.

President California Teachers Empowerment Network

With National School Choice Week underway, we see many positive things happening across the country. In states like New Jersey and Louisiana, governors are taking the lead in proposing ways to break the devastating monopoly that government run schools – their educrat leaders, corrupt and/or inept school boards and the powerful teachers unions — have held for far too long.

As an example of Big Education gone bad, I write in City Journal about a crime that has been perpetrated on the children of California for 40 years and the lawsuit that addresses it:

For nearly 40 years, the Los Angeles Unified School District has broken the law—and nobody seemed to notice. Now a group of parents and students are taking the district to court. On November 1, a half-dozen anonymous families working with EdVoice, a reform advocacy group in Sacramento, filed a lawsuit in Los Angeles Superior Court against the LAUSD, district superintendent John Deasy, and United Teachers Los Angeles. The lawsuit in essence accuses the district and the union of a gross dereliction of duty. According to the parents’ complaint, the district and the union have violated the children’s “fundamental right to basic educational equality and opportunity” by failing to comply with a section of the California Education Code known as the Stull Act. Under the 1971 law, a school district must include student achievement as part of a teacher’s evaluation. Los Angeles Unified has never done so: the teachers union wouldn’t allow it. To continue reading “A 40-Year Shame,” go to http://www.city-journal.org/2012/cjc0119ls.html

However the above case is decided, there will undoubtedly be lawsuits, union pushback, teacher dissatisfaction and who-knows-what-else as the various special interests scramble to do what is best for themselves. And as always, children’s needs are left out of the equation.

One way to transcend big government-union school domination would be to develop a system of universal school choice, including vouchers and tax credits. To that end, Alan Bonsteel and I passionately make the case for choice in an op-ed published in the Los Angeles Daily News this past Friday.

As we honor National School Choice week beginning Sunday, one fact stands out: 2012 marks the year when there can be no turning back in school choice reforms.

Last July, The Wall Street Journal dubbed 2011 “The Year of School Choice” because of legislation that had been passed all over our nation. For example, North Carolina and Tennessee eliminated caps on charter schools. Maine passed its first charter school law. Twelve states either adopted new voucher programs or expanded existing ones. After first turning its back on the popular D.C. Opportunity Scholarship program, Congress reconstituted funding for it.  To continue reading “School Choice Reforms are More Vital Than Ever,” go to http://www.dailynews.com/opinions/ci_19779002

While it would undoubtedly be a boon to education and save taxpayers money, school choice at this time is an extremely tough political sell in the Golden State. The entrenched special interests in California are in control and to make the needed changes will entail a long, bloody struggle. As such, taxpayers and parents must take the lead and force change via the initiative process.

In a future post, I will examine what options families in California do have if they want to remove their children from failing schools.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

%d bloggers like this: