Posts

The Sorry, but Unapologetic, Teachers Unions

 Unions demand apologies, but refuse to make any themselves.

The cover of the November 3rd edition of Time Magazine reads “It’s nearly impossible to fire a bad teacher; some tech millionaires may have found a way to change that.” Accompanying the text is a photo of a judge’s gavel about to pound an apple.

Time Magazine rotten apple cover

The story, “The War on Teacher Tenure,” is mostly about the Vergara decision – in which a judge found that the tenure, seniority and dismissal statutes in the California education code are unconstitutional. The article focuses on Vergara’s guiding light – David Welch, a tech titan who has found a second career as an education reformer. It’s a fair piece, and one worthy of discussion.

But instead of delving into the merits of the article, the teacher union elite and fellow travelers went ballistic over the mildly provocative cover – the outrage reaching satirical proportions worthy of The Onion. American Federation of Teachers leader Randi Weingarten said she “felt sick” when she saw it. After ingesting a bowlful of Maalox, the union leader began to organize a protest and circulated a petition demanding an apology from Time Magazine. The AFT claimed the cover “casts teachers as ‘rotten apples’ needing to be smashed by Silicon Valley millionaires with no experience in education.” While the AFT and Weingarten are busy pointing out the lack of teaching experience of technology leaders, they neglect to mention that Weingarten doesn’t have any to speak of either. To puff up her cred, she frequently refers to her “teaching experience,” but it hardly exists; she taught on a per diem basis from 1991-1997 – a total of 122 days. I think the proper term here is “part-time, occasional, temporary sub.”

Time admirably refused to cave in to the unionistas. Instead, it invited various aggrieved parties to respond online. And the teachers union claque did just that, expressing outrage – outrage at the magazine in particular and at “outsiders” in general. National Education Association president Lily Garcia attacked  the “wolves of Wall Street.” Some members of the Badass Teachers Association – a group that claims to represent 53,000 teachers – solemnly intoned, “The gavel as a symbol of corporate education, smashing the apple – the universal symbol of education – reinforces a text applauding yet another requested deathblow to teacher tenure.” In a blog, Badass Teacher Association cofounder Mark Naison wrote, “Time’s campaign epitomizes everything wrong with the crusade for ‘School Reform’ that has become a national obsession since the passage of No Child Left Behind. It is financed and driven by business leaders, not educators.”

With one or two exceptions, they insisted that Time apologize … or else.

But maybe the teachers unions should come up with a few apologies of their own and provide Time a pathway to contrition. For example:

  • Maybe the California Federation of Teachers should apologize for posting a nauseating cartoon on its website in 2012. The Ed Asner narrated presentation promotes class warfare by showing rich folks urinating on poor people.
  • Maybe Randi Weingarten should apologize to Marshall Tuck, who is running for California School Superintendent. Her union financed a slanderous TV ad which, among other things, shows a businessman stealing a child’s lunch, and ridiculously asserts that Tuck will allow corporate fat cats to take over our schools.
  • Maybe The New York State United Teachers – an AFT affiliate – should apologize for a vile mailer it sent picturing a battered woman, suggesting that if Republican Mark Grisanti is elected as state senator, “he won’t protect her from her abuser.” The NYSUT-led campaign is so disgusting that even Democrats have roundly excoriated the union.
  • Maybe Michael Mulgrew, president of the United Federation of Teachers, should apologize to those of us who have issues with the Common Core State Standards. Doing his best Joe Pesci impersonation, he menacingly seethed at an AFT convention,  “If someone takes something from me (control of the standards), I’m going to grab it right back out of their cold, twisted, sick hands and say it is mine! You do not take what is mine! And I’m going to punch you in the face and push you in the dirt because this is the teachers’! These are our tools and you sick people need to deal with us and the children that we teach. Thank you very much!”
  • Maybe teachers unions should apologize for their collective mantra that “corporations should pay their fair share of taxes.” The atonement is due because, while U.S. corporations have the highest tax rate in the world, the teacher unions don’t pay a penny in taxes. That means that the NEA and AFT bring in about $560 million tax-free dollars year after year. And when you add in the state and local union affiliates, the amount soars to over $2 billion. All tax-free. (In fact it’s not just the teachers unions; no union has to pay any tax on its “earnings.”)
  • Maybe Badass Teachers Association guiding light Mark Naison should apologize to America. He was a founding member of the Weatherman, the violent, hate-filled group that was involved in murder and mayhem in the early 1970s.
  • Maybe the California Teachers Association should apologize for disregarding its members and spending dues money that favors only the needs and desires of the union bosses. CTA will end up spending over $10 million to defeat Marshall Tuck in today’s election – most of it teachers’ dues money. Union activists are going all out – walking precincts, working phone banks, etc. – in an effort to stave off Tuck’s challenge to incumbent and union darling Tom Torlakson. But as Mike Antonucci writes,

Odd, then, that the Field Poll shows support for Torlakson from union households in California at an anemic 31%, with 23% backing Tuck, and 46% undecided. That’s after months of hyping Torlakson through every available union communications outlet.

The question arises: If 69% of union households are not, or not yet, backing Torlakson, how did the unions approve spending $10 million on his behalf?

That’s a rhetorical question, of course. The answer is that CTA practices representative democracy in reverse. Decisions are made by the small handful of officers and shop stewards who participate in union activities. Then they justify, promote and sell these decisions to the membership-at-large – using the members’ own money to do so. (Emphasis added.)

But seriously folks… don’t hold your breath in anticipation of CTA or any teachers union apologizing for anything. Ain’t gonna happen. Also, don’t expect them to ever right any of the wrongs that they have foisted on our children, their parents and all taxpayers. In California, due to the union-inflicted tenure and dismissal statutes, on average just of 2 “permanent” teachers a year lose their job due to incompetence. That’s 2 bad apples out of about 300,000. In my almost 30 years in the classroom, there were always at least 2 teachers at my school alone who shouldn’t have been allowed near children. This is not a secret; go into any school and ask who the incompetents are and you will get almost identical answers from teachers, kids, their parents, the principal, the assistant principal, guidance counselors, janitors, bus drivers, school secretaries and lunch ladies.

But instead of relaxing their intolerable policies, the unions divert attention by whining about a magazine cover. And while they do that, the rest of us – including parents, serious teachers, community members and yes, corporate types and tech gurus – are trying to make a troubled system better. American children can’t wait a minute longer for the unions and labor-friendly school districts to willingly cede any of their onerous work rules. And they will never apologize for the mess they have made and continue to make of our public education system. In that sense, at least, they are one sorry bunch.

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.

California Federation of Teachers Boss Speaks Power to Troops

In a refreshingly candid speech, union leader minimizes bromides about “the children” and relentlessly bangs the class warfare drum.

In his March 22nd state-of-the-union talk to the faithful, California Federation of Teachers president Josh Pechthalt made no bones about the ultimate mission of his union. Absent were the usual silly platitudes like “working together with other stakeholders” and “if we need to strike, it will be for the children.” Nah. Pechthalt didn’t waste any time using weasel words. He went right to the heart of the union’s raison d’être, which is advancing a leftist agenda. Here are a few snippets from a speech that would have made the late Karl Marx beam:

… CFT has been a beacon of progressive, social justice unionism.

… we have consistently supported single payer health care reform….

We are currently part of a coalition with many of our Millionaires Tax and Prop 30 partners working on an effort to amend Prop 13….

The super wealthy and their swollen circle of reactionary think tanks and echo chamber conservative media are committed to eradicating what remains of the labor movement and giving corporations unlimited power over every aspect of American life.

We understand that central to the mission of public education is the need to advocate for a different kind of society…. (Emphasis in original.)

Don’t get me wrong – I am not implying that teacher union bosses don’t care about children. They care, in fact they really care, but maybe not in ways that you and I do. They tend to see children as avatars-in-training for the brave new world that they are attempting to shove down our throats.

But getting our own members organized won’t be enough. We must reach out to our students, their parents and our community members and organizations.

Pechthalt clearly gives no thought to his members who don’t have the same affection for the Comintern that he apparently does. According to Pechthalt’s counterpart, California Teachers Association president Dean Vogel, about one-third of teachers in California are Republican. I wonder what was going through their minds when Pechthalt said, “… open school libraries have become as rare as a congressional republican (sic) with something good to say about the affordable care act (sic).” But then again, it really doesn’t matter, because the way the unions have things rigged, those right-of-center members are still forced to fork over monthly dues just like everyone else. But when you are a true-believer in “social justice,” purloining money from unwilling teachers is nothing more than a bourgeois concern.

Pechthalt was especially rough on the Students Matter (Vergara v California) case, which aims to ensure that all kids in California have an effective teacher by removing the tenure, seniority and dismissal statutes from the state education code. His comments were ad hominem and oozed class warfare sentiments.

The latest attack on public education has been the Vergara lawsuit, backed by billionaires David Welch and Eli Broad and the corporate-friendly law firm of Gibson Dunn and Crutcher.

… We did that while one of the backers of the Vergara lawsuit, Eli Broad, put money into a failed secret Arizona PAC effort that pumped millions of dollars into California in the run-up to the 2012 election to try and defeat Prop 30 and try to pass prop 32, the anti-union initiative.

… The hard cold reality though is that the Vergara suit underscores our challenge: to convincingly tell our story and build deep relationships with parents and community partners in the face of (a) well-funded effort by the opponents of public education to lie and twist reality and erode our influence. (Emphasis added.)

The vilification of Broad is particularly ironic because he is a lifelong Democrat. And regardless of his political affiliation, to progressives, some billionaires are less equal than others. For instance, why the Koch Brothers are considered evil and involved in “dark money” but George Soros is portrayed as an angel of light is beyond me. (Okay, it’s not beyond me….)

And in all the yammering about billionaires and the evil rich, it’s worth noting that when it comes to political spending in California, a teachers union – the California Teachers Association – is #1 by far. Between 2000 and 2013, it spent over $290 million on candidates and causes. That was far more than dreaded corporations AT&T, Chevron and Philip Morris spent in the Golden State combined.

Pechthalt’s and CFT’s attempts to conduct class(room) warfare by aggrandizing the union movement are well-documented.  Courtesy of Kyle Olson’s Indoctrination, we know that CFT has put out “lessons” for tots as young as five. In “Trouble in the Henhouse: A Puppet Show” we find an oppressive farmer whose hens unionize and convince the heartless farmer that he’d better respect them “or else.” Then there is “The “Yummy Pizza Company,” another lesson from CFT – actually ten – that delves into the process of organizing a union local. They include instructions on how to collectively bargain as well as a sanitized look at prominent labor leaders. Click Clack Moo, a popular book promoted by CFT parent organization AFL-CIO, tells second graders about unhappy cows that refuse to work until the mean farmer is forced to meet their demands.

It’s important to note that the “workers of the world unite and bring your children to the party” mentality is hardly new for CFT. This is the organization that brought us “Tax the Rich: An Animated Fairy Tale” in 2012. This vile video pushed class warfare to the limit, attempting to whip up hatred of people who have been successful in life but “don’t pay their fair share of taxes.” As Investors Business Daily described it,

“Rich people love their money more than anything in the whole world,” narrates Hollywood actor and noted leftist Ed Asner, in tones used in reading to schoolchildren. “Over time, rich people decided they weren’t rich enough so they came up with ways to get richer.”

…The bile that oozes in the union’s puerile seven-minute screed was unspeakable: The world was a paradise full of good jobs and safe streets until “rich people” decided to get more money, so the video begins.

Instead of paying their “fair share” of taxes, the rich decided to do three things: seek tax cuts, engage in loopholes and evade taxes by shipping their fortunes to the Cayman Islands, illegally of course, mendaciously suggesting that any financial tie with the Caymans is illegal.

It only gets worse: The rich people’s supposed greed led them to buy media and politicians, with a not-so-subtle cartoon depiction of a man who looks a lot like Fox News owner Rupert Murdoch, and then money amassed as coins in big stacks, which then crashed down first on middle class people’s houses, and then on the jobs of police, firefighters, teachers and librarians.

After that “the rich” tried to blame defaulted mortgage holders and after that, teachers and firefighters (conveniently ignoring the bloated pensions and entitlements and waste that are the doings of public employee unions). “Maybe it was the firefighters,” Asner sarcastically narrated.

The scene that received the most attention was of a rich man urinating on the “poor.” CFT pulled that scene shortly after posting, but no matter, the highly offensive video was a shameful attempt to indoctrinate children into the ugly world of class conflict.

It is essential that teachers who are more in love with teaching than with CFT’s attempts to wage war on rich people stop supporting the union’s political agenda. (To learn how to do this, go here.) Until teachers do that, they are complicit in the union’s overall mission, which is dedicated to promoting class warfare and indoctrinating children.

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.

Tenure, Temerity and the Truth

Los Angeles Times op-ed and teachers union defense of educational status quo are packed with malarkey.

Now in its third week, the Students Matter trial still has a ways to go. Initially scheduled to last four weeks, the proceedings are set to run longer. On Friday, Prosecutor Marcellus McRae told Judge Rolf Treu that the plaintiffs need another week and a half or so to conclude their case before the defense takes over. The coverage of the trial has been thorough, with the Students Matter website providing daily updates, as has the always reliable LA School Report.

The media have generally been either neutral or supportive of the case, which claims that the tenure, seniority and dismissal statutes enshrined in the state Ed Code hurt the education process in the Golden State, especially for minority and poor kids. The defendants are the state of California and the two state teachers unions – the California Teachers Association and the California Federation of Teachers.

Having studied and written about the case extensively, I am of the opinion that the defense has no defense and that the best that they can do is to muddy the waters to gain favor with judge. In an effort to learn what the defense will come up with, I have tried to read everything I can by folks who think the lawsuit is misguided. I have written before about California Teachers Association president Dean Vogel’s rather inept argument presented in the December issue of CTA’s magazine.

The CTA website has been posting more about the case as the trial has progressed, and it would appear that desperation has set in. The union’s old bromides hold about as much water as a ratty sponge.

The problems we face with layoffs are not because of Education Code provisions or local collective bargaining agreements, but lack of funding.

No, the problem is who is getting laid off; we are losing some of the best and the brightest, including teachers-of-the-year due to ridiculous seniority laws.

The lawsuit ignores all research that shows teaching experience contributes to student learning.

Not true. Studies have shown that after 3-5 years, the majority of teachers don’t improve over time.

The backers of this lawsuit include a “who’s who” of the billionaire boys club and their front groups whose real agendas have nothing to do with protecting students, but are really about privatizing public schools.

Oh please – the evil rich and the privatization bogeyman! Really! Zzzzz.

Then we have cartoonist Ted Rall who penned an op-ed for the Los Angeles Times last week, which is mostly concerned with “tenure tyranny.” This wretched piece is maudlin sophistry at its gooiest.

First, Rall needs to get his verbiage straight. K-12 teachers do not get tenure. What they achieve after two years on the job is “permanent status.” Permanent status! What other job on the planet affords workers something called “permanence,” and getting rid of an inept teacher who has reached that lofty perch is just about impossible. But Rall makes the claim that, “Tenure doesn’t prevent districts from firing teachers. It makes it hard. (Not impossible: 2% of teachers get fired for poor performance annually.)”

The 2 percent figure is a half-truth. During the first two years on the job, a teacher can be let go relatively easily for poor performance. Maybe two percent of newbies don’t cut it. But what Rall and his teacher union buddies don’t tell you is that, in California, for example, about ten teachers a year out of nearly 300,000 (.003 percent) who have attained “permanence” lose their jobs. Of those, a whopping two teachers (.0007 percent) get canned for poor performance.

This is a disgrace, and most teachers know it. In fact, according to a recent survey of teachers working in Los Angeles conducted by the National Council on Teacher Quality, 68 percent reported that “there were tenured teachers currently working in their schools who should be dismissed for poor performance.”

Then Rall goes off the rails on tenure, saying that what’s wrong with tenure is that “only teachers can get it.”  (When you go to a doctor for a serious medical condition, Mr. Rall, do you want to see the best one or any old quack who still has an MD after his name?)

Rall then ventures into other areas. He whines twice about his mother’s (a retired public school teacher) “crummy salary.” He apparently hasn’t read much on the subject. In fact, the most recent study on teacher pay shows that when perks like healthcare and pension packages are taken into consideration, today’s teachers are in fact overpaid. Armed with facts, charts and a bevy of footnotes, Heritage Foundation’s Jason Richwine and American Enterprise Institute’s Andrew Biggs explain,

Workers who switch from non-teaching jobs to teaching jobs receive a wage increase of roughly 9 percent, while teachers who change to non-teaching jobs see their wages decrease by approximately 3 percent.

When retiree health coverage for teachers is included, it is worth roughly an additional 10 percent of wages, whereas private sector employees often do not receive this benefit at all.

Teachers benefit strongly from job security benefits, which are worth about an extra 1 percent of wages, rising to 8.6 percent when considering that extra job security protects a premium paid in terms of salaries and benefits.

Taking all of this into account, teachers actually receive salary and benefits that are 52 percent greater than fair market levels. (Emphasis added.)

Then Rall gets political. He writes,

During the last few decades, particularly since the Reagan administration, the right has waged war on teachers and their unions. From No Child Left Behind to the sneakily anti-union, anti-professionalization outfit Teach for America to the Common Core curriculum, conservatives are holding teachers accountable for their kids’ academic performance.

Reagan? What did his administration do?

The sneakily anti-union, anti-professionalization outfit Teach for America

Do you mean the very successful organization that identifies young teacher-leaders and trains them for service, founded and run by social justice advocates who have made (some) peace with the National Education Association? That TFA?

Common Core?

Sorry, but it is a bipartisan issue. In fact, your beloved teachers unions, including NEA president Dennis Van Roekel and AFT President Randi Weingarten, support it.

…conservatives are holding teachers accountable for their kids’ academic performance.

Horrors! Holding teachers accountable for their work! If not them whom?  The school bus driver? And for crying out loud, it’s not just conservatives who are demanding teacher accountability. StudentsFirst’s Michelle Rhee, American Federation of Children’s Kevin Chavous, Democrats for Education Reform’s Joe Williams and former CA state senator Gloria Romero, all want more accountability and none of them qualify as right wingers.

Rall’s piece ends with an editor’s note:

[Correction, 11:26 a.m., February 6: An original version of this post incorrectly described Students Matter as a “right-wing front group.” The post also linked to the wrong David Welch, founder of Students Matter.]

If the editors think that this is the only errata, they most definitely need to review this bilge and reexamine every word, including “and” and “the.”

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.

California Teachers Association: Clichés-R-Us

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.