Loss of LIFO

If Eli Broad’s charter school plan goes forward, there will be a major shake-up in the ranks of LAUSD teachers.

Philanthropist Eli Broad’s ambitious plan to create 260 new charter schools over an eight year period in Los Angeles, enrolling at least 130,000 students, will have major ramifications for many of the city’s 25,600 teachers. With this in mind, the Los Angeles Times Howard Blume wrote “Thousands of LAUSD teachers’ jobs would be at risk with charter expansion plan” last week. (Interestingly, the online version of the piece was originally titled “L.A. charter school expansion could mean huge drop in unionized teaching jobs” – a more honest title.)

The Broad plan would include places for about 5,000 more charter school teachers, which simply means that 5,000 thousand current teachers in Los Angeles could be displaced. What Blume’s article doesn’t address is just which teachers will be losing their positions. Due to seniority or last in/first out (LIFO) – a union construct that is written into the California Constitution – the teachers who could lose their jobs would not be the 5,000 poorest performing ones, but rather the 5,000 newest hired. But there is a silver lining here. While some of the 5,000 should not be in the profession, many are good teachers and some are terrific. And the latter groups will not be unemployed for long, because charter schools are independent (mostly non-unionized) and therefore not beholden to the district’s industrial style employment hierarchy, so competent teachers will be snapped up.)

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Philanthropist Eli Broad

Blume mentions that the new plan refers to “hiring from an expanded Teach For America and other groups that work with young, inexperienced instructors” and “makes no mention of recruiting instructors from the ranks of L.A. Unified.”

The plan might not make any mention of recruiting current teachers, but clearly the charter schools could not fill their ranks with all rookies. And therein lies the beauty of the Broad plan. Those rehired would be the good and great teachers who are working now because they are qualified, not because they are LIFO-protected.

Broad spokeswoman Swati Pandey elaborated: “We are in the process of listening to educators and community members to determine how best to support the dramatic growth of high-quality public schools in Los Angeles. We know that without great teachers, there can be no great public schools. We’re eager to engage and support teachers as part of this work.”

Needless to say, United Teachers of Los Angeles president Alex Caputo-Pearl had a different take. He said, “The charters are specifically looking for educators who have not had the experience of being in a union, which means that, by and large, they’re looking for teachers who may find it more challenging to raise their voice about curriculum or school conditions.”

The experience of being in a union…? What?! And where does he get the idea that only unionized teachers dare to speak up about “curriculum and school conditions?”

But then again, maybe the UTLA boss is just mouthing the union party line and his transparency should be applauded. In 2009 UTLA president A.J. Duffy told a group of young teachers at Liechty Middle School, “Saving your jobs would mean that more experienced teachers would lose theirs. Seniority is the only fair way to do it . . . and any exception would be an act of disloyalty.” The California Federation of Teachers website claims that “Seniority is the only fair, transparent way to administer layoffs. It ensures equal treatment for all teachers.” (Yes, for Teachers-of-the-Year and incompetents alike, LIFO does ensure “equal treatment.”)

Others who actually have children’s and parents’ best interests at heart have a different view, however. Alluding to the teachers unions’ claim that thousands of teachers will need to be recruited over the next decade, Jim Blew, president of the Sacramento-based advocacy group StudentsFirst, said, “… they say there’s no room for teachers from organizations with proven, documented records of creating quality teachers…. L.A. needs more great teachers, and everyone should welcome them regardless of who recruited them to the city.”

Jason Mandell, Director, Advocacy Communications of the California Charter School Association (CCSA) added, “Great teachers change students’ lives. Charter school teachers do that every day and the evidence is in their students’ progress. Teachers are the heroes of the charter school movement.”

And parents agree with both Blew and Mandell.

As CCSA points out, there are 40,000 kids on charter school waitlists in Los Angeles, unable to enroll in a high quality school of their parents choosing because there aren’t enough seats. Also, as I pointed out a couple of weeks ago, the recently released California Assessment of Student Progress and Performance (CAASPP) scores showed that only one-third of students in traditional LA schools performed up to their grade level in English and one-fourth did so in math, while LA charter students far outpaced their counterparts.

It should be noted that the current seniority and tenure laws, both of which are toxic to students, are imperiled. In the Vergara case, Judge Rolf Treu ruled these byzantine legal protections unconstitutional and went on to say that “it shocks the conscience.” However, the state and the teachers unions are appealing the decision. And even if Treu’s decision is upheld, we have no guarantee that the archaic statutes will be replaced by anything much better.

In summing up the situation, we are left with the following:

  • Charters allow children to escape from the antiquated zip-code monopoly education system.
  • Charters only flourish if parents choose to send their kids there.
  • Kids on average get a better education in charters.
  • Good teachers will always find work.
  • Charters will choose and retain the best teachers who fit in with their mission.
  • Poor-performing teachers will find it difficult to stay in the field.
  • Unions will have less money and power, due to diminishing ranks.

In other words, the Broad plan is a win-win-win situation for good teachers, children and their families. Mr. Caputo-Pearl, does that matter to you at all?

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 and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

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