CTA ends 2013 spewing meaningless bromides in an effort to convince us that the union is the victim and the Students Matter lawsuit is the work of a vast corporate conspiracy.
On January 27th, the Students Matter (Vergara v. California) case starts in Los Angeles. John Fensterwald explains that 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… asserts that five “outdated statutes” prevent administrators from making employment decisions in students’ interest.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.
If successful, this lawsuit will remove the tenure, seniority and arcane dismissal statutes from the California education code and render them unconstitutional, thus making it easier to get rid of incompetent and criminal teachers while outlawing seniority as a method of teacher-retention. (It’s worth noting that the Students Matter lawsuit doesn’t ask the court to devise specific policy solutions, leaving those decisions to local districts as they are in 33 other states.) While this litigation will help all students in the state, inner-city kids would benefit the most. As I wrote in City Journal last year,
Struggling inner-city schools end up suffering the most, as the lawsuit states: “One recent study showed that a school in the highest poverty quartile is 65 percent more likely to have a teacher laid off than a school in the lowest poverty quartile. As a result of seniority-based layoffs, the highest poverty schools in California are likely to lose 30 percent more teachers than wealthier schools. The disproportionate number of vacancies in those schools are then filled by transferring lower performing teachers, including grossly ineffective teachers, from other schools.”
Though not named in the lawsuit, the teachers unionsrefusing to sit by and accept a change in rules that would benefit students at their expense intervened as defendants. In the recent edition of California Educator, the California Teachers Association’s bimonthly magazine for teachers, the union tries to explain to its members that the lawsuit is the work of the devil; in doing so, it manages to haul out every platitude it could muster from its amply furnished cliché closet, attempting to convince all concerned that it is a beleaguered but scrappy David fighting against a corporate Goliath.
The magazine piece is rife with the typical fallacious, over-the-top talking points the union rolls out on a regular basis. To kick things off, CTA president Dean Vogel is quoted:
It’s disappointing because putting professional rights of teachers on trial hurts students…. This most recent shenanigan by corporate special interests and billionaires to push their education agenda on California public schools is resulting in a waste of taxpayer dollars and time — time that should be spent focusing on providing a quality education to all students as the economy improves. CTA will continue to fight to ensure we have qualified and experienced teachers in the classrooms whose rights are respected as set forth by law, and not subject to arbitrary and capricious behavior or favoritism.
There are several things seriously wrong with his statement. Yes, people with money are behind the suit. Lawyers don’t work for free and the poor children who have been victimized by the current system don’t have deep pockets. And what corporate agenda is he talking about? Usually this scare statement refers to the allegation that corporations want to take over and privatize education. This lawsuit is attempting to do no such thing; it is simply trying to make public education better. And his last point is a real howler. CTA does not, I repeat, does not fight to have qualified teachers in every classroom. They fight to keep every teacher – qualified or not – on the job to ensure their bottom line is not affected. Unfortunately this means that in addition to good and great teachers, the union also fights to keep stinkers and pedophiles alone with your children seven hours a day, five days a week.
The article then goes on to say,
The officially named plaintiffs in Vergara are nine California public school students. But the real driver of the suit appears to be a Silicon Valley entrepreneur, David Welch. Welch created the nonprofit Students Matter for the purpose of bankrolling this suit, and has hired a legal team at Gibson, Dunn & Crutcher, a law firm that counts Wal-Mart among its many corporate clients, to make his case.
Yeah, let’s disregard the plight of nine students who have been victimized by CTA-supported laws. Instead, let’s focus on the fact that the man behind the suit has hired lawyers from a firm that has Walmart as a client. Are we supposed to summon up a collective gasp over this?
The union then trots out two favorite bogeymen: school funding and poverty:
Educators are the first to say California can do more to help improve our schools. There are many challenges, including poverty, a lack of adequate funding and resources for education …
The “lack of funding” and poverty excuses are staples with teachers unions and their fellow travelers. They are also lies. The party line is 1) we don’t spend enough on education and 2) poverty makes students unable to learn. As far as financial outlay, Cato’s Andrew Coulson reports that we have seen a tripling of education funding – in constant dollars – nationally (doubling in CA) over the last 40 years and have nothing to show for it. And in fact, the reality is that ineffective teachers are a cause of poverty. Discussing this issue, RiShawn Biddle writes,
…Overhauling American public education is critical to fighting poverty for the long haul. Revamping how the nation’s ed schools recruit and train aspiring teachers, for example, would help all children get the high-quality instruction that is the most-important in-school factor in student achievement. Just as importantly, reforming education can even help address the immediate problems that stem from poverty.
Next, the union complains that there is a lack of adequate support for teachers, claiming there are (unnamed) reports of them “leaving the profession in unprecedented numbers” because of it.
This lie is repeated with such regularity that many take it as gospel. Yes, some teachers do leave because of education-related issues, but Mike Antonucci outlines the primary reasons they drop out.
- 31.4 percent retired.
- 20.4 percent cited “other family or personal reasons.”
- 18.7 percent cited “pregnancy or child rearing.”
- 14.6 percent were laid off or otherwise left involuntarily.
- 11.8 percent cited “health.”
- 11.2 percent changed residence.
- 8.9 percent cited the desire “to take courses to improve career opportunities within the field of education.”
And saving the most cliché-ridden talking point for last, CTA again takes aim at corporate devils and their alleged blood lust for teachers’ “rights.”
Educator rights and due process protections have become favorite targets of those who seek to corporatize and privatize education…
Due process? No. Undue and never ending process. Because of CTA’s powerful lobbying, here is how ineffective teachers are dismissed in California:
1. School district must document specific examples of ineffective performance, based on standards set by the district and the local teachers union.
2. If a teacher has been cited for unsatisfactory performance worthy of dismissal, a school district must give the teacher written notice and provide her 90 calendar days to correct.
3. After 90 days, school district files written dismissal charges. If the school board votes to approve dismissal, it adopts official charges and a resolution of intent to dismiss teacher. Notice cannot be given between May 15 and September 15.
4. Once teacher receives notice that she will be dismissed in 30 days, she can request a hearing to be held within 30 days.
5. School board must reconvene to decide whether to proceed. If it proceeds, it must serve the employee with an accusation as set forth in the state’s Administrative Procedure Act (APA).
6. If teacher makes a second demand for a hearing, it is scheduled with the state Office of Administrative Hearings and held within 60 days. The hearing is similar to a civil trial with each side having rights to discovery.
7. The hearing is held before a three-person Commission on Professional Competence consisting of an administrative judge and persons appointed by the school board and the teacher or her union representative.
8. After the hearing, the commission issues a written decision by majority vote either voting for dismissal or reinstatement.
9. If either the teacher or the school district appeals the decision, it will be heard by the state superior court.
10. Further appeals are heard by the state Court of Appeal.
Sources: California Legislative Analyst’s Office; California Office of Administrative Hearings.
The stickiest part of the above process is #7 because the unions control the action. The judge is invariably “union-friendly.” The offender gets to pick a teacher to be on the three-person panel. (Ya think he or she might choose a sympathetic one?) The third member of the panel is a teacher supplied by the district, more often than not – you guessed it – another union member. The odds are so stacked that as Matthias Gafni reports,
California has more than 1,000 school districts and 300,000 teachers, yet only 667 dismissal cases were filed with the Office of Administrative Hearings between January 2003 and March 2012, according to the Los Angeles Unified School District’s chief labor and employment counsel, Alex Molina. Only 130 of those actually got to the hearing stage, and 82 resulted in dismissals — fewer than 10 a year.
To put those numbers in perspective, that means .003 percent of teachers are dismissed in CA every year. And it costs school districts up to $500,000 just to get rid of one of them.
It is critical that teachers and, in fact, all citizens educate themselves and not fall for the union’s tired claptrap. Perpetuating CTA’s clichés gives the teaching profession a black eye, and does a disservice to six million California school kids, their parents and taxpayers alike.
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.