Posts

Los Angeles Teachers Union Sinks to Unmitigated Depths

The union war on charter schools has become even uglier, courtesy of UTLA.

On May 4th, the United Teachers of Los Angeles, in concert with the Alliance to Reclaim Our Schools (AROS) – a radical union front group – planned a major protest to be held outside schools where charter schools share a campus with traditional public schools. In a statement, AROS proclaimed “…we will stand with Los Angeles parents, educators, students, administrators, and community members for fully funded public schools and call on corporate charter schools to pay their fair share to the district.” Of course, the truth is that charters are not “corporate.” And, in fact, it’s charters that aren’t fully funded, which is why they frequently have to scrounge for facilities, but AROS apparently doesn’t bother with those minor details. So it looked like a lot of school kids would be confronted with an early morning filled with angry protesters marching, chanting, being obnoxious, you know, the usual union stuff.

But parents were ticked, and with the help of the California Charter School Association, responded by posting a letter – enlarged, prominently placed, in English and Spanish, signed by 527 parents – in the lobby of the building where UTLA offices are housed. The brief but powerful missive included the following:

We are asking you to stop. This Wednesday, May 4, you plan to stage demonstrations at charter schools sharing campuses with district schools. If these actions are anything like the ones we’ve endured in the past, they will be threatening, disruptive and full of lies. We will be shouted at, maligned and disrespected, our children will ask us what they’ve done wrong, and their teachers will, as always, be expected to rise above it all.

Yes, threatening, disruptive and full of lies. But, again, it was a union rally, after all. However, when all was said and done (at least judging by media reports), there was not much activity the morning of the fourth.

But UTLA wasn’t done yet. In an attempt to press beyond the usual vapid vilification of charters, on May 10th, the union released the results of a study they commissioned. Or to be precise, a “study,” which among other things, asserted that LA schools “lost more than $591 million dollars to unmitigated charter school growth this year alone.”

Of course, the National Education Association gleefully jumped on the report, charging that, “LA charters siphon away almost half a billion from public school students.” (Memo to NEA: charters are public schools.)

But responses to the report from those in the know were anything but fawning. To begin with, the school district that was allegedly losing millions responded with a “Huh?!” and proceeded to explain that the district actually makes money due to the existence of charter schools. According to LA School Report, “In January when the Charter Schools Division presented its budget, it showed that the district receives half a million dollars more than they need to pay for the division. That report, presented to the Budget, Facilities and Audit Committee by Charters Division Director Jose Cole-Guttierez, showed that the 1 percent oversight fee collected from charter schools brings in $8.89 million while the annual expenses of the division’s 47 employees including their benefits total $8.37 million.”

The Associated Administrators of Los Angeles, representing principals and off-site middle managers, released “Separating the Wheat from the Chaff,” a document which cast doubt on the UTLA findings. But there was no equivocation from the California Charter School Association. In a 10 page response, CCSA excoriated the UTLA report point-by-point, denouncing its many inaccuracies and irresponsible conclusions, and went on to counter it’s distortions with actual facts and data.

Very interestingly, after being chastened by those parties intimately aware of the reality of district-charter finances, UTLA has been mum. No rejoinders. No “Oh yeahs?” No banner on its homepage. Nothing. The only link to the study is buried on its “News Releases” webpage. My call and email to Anna Bakalis, the union’s media person on May 19th, have not been returned. I am hardly shocked.

To UTLA – If you are really interested in solving LAUSD’s budgetary problems, here are a few ideas:

To save billions, insist that the district gets its healthcare and pension costs under control. But you have no interest in doing that because you are of the opinion that taxpayers should be forking over even more of their hard-earned money to continue paying for these extravagant plans.

How about working to get new laws passed that would more easily rid our schools of predatory teachers? LAUSD has spent $300 million since 2012 on legal fees and sexual abuse payouts to families that have sued the district. To be sure, LAUSD admins deserve much of the blame for the problem, but you and other teachers unions greatly contribute to it because you have made it so very hard to get rid of any teacher, no matter how evil.

And while you are at it, work with the district to stop hiring administrators. As the school population continues to rapidly decline due to the proliferation of charters and general outward migration, the district’s administrative staff has increased 22 percent in the last five years, according to a superintendent’s report.

But no, you rather just try to destroy charter schools, which parents are flocking to, because they want to escape from the very school system you essentially control. You just wasted $82,000 in teachers’ dues money on a bogus study which proves you are really not interested in bettering public education. It really has nothing to do with kids, but rather, it’s all about you and your unmitigated, self-serving agenda. But then again, what else is new?

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.

In like a Lyin’

As charter schools continue to succeed, the reformicidal teachers unions ramp up their assault on them.

Month by month, the teachers unions have been increasing their barrage of malevolence toward charter schools, which are nothing more than publicly funded schools of choice that are trying to break away from the rigidity of Big Education/Big Union rules and regulations.

The March charter assault comes to us via a push poll conducted by the teachers unions’ favorite pollsters – GBA Strategies – an outfit regularly used by unions to manufacture results to their liking. The poll was commissioned by In the Public Interest and the Center for Popular Democracy (CPD). The former is a project of The Partnership for Working Families (PWF), a card-carrying member of the “Occupy Wall Street” movement, whose raison d’être is to bash “one percenters.” Not surprisingly, several of PWF donors are themselves “one percenters,” including George Soros and other globalist/socialists. CPD is radically pro-labor and American Federation of Teachers president Randi Weingarten is on its board of directors.

The results of the poll were reported in Politics USA by “rmuse,” a writer who refers to himself as a “Secular Humanist – Columnist – Audio Engineer/Musician Zen-Atheist.” He writes that while it has taken over a decade, “the public is finally sick of the charter industry’s lack of accountability, systemic underperformance, harsh admission policies, and poorly or untrained teachers; all characteristics of the charter school privatization movement.”

Rmuse finishes his embarrassing screed with a despicable and downright kooky flourish. “Sadly, with Koch-ALEC Republicans controlling education funding and pushing privatization through charters, and coupled with an Administration enamored with privatized charter schools, it may be inevitable that the next generation of Americans will be stupider and more religious than the current one. And, despite their demands to rein in the corporate and religious charter school movement, American taxpayers will ultimately pay to under-educate the next generation to enrich corporations, completely destroy public schools, and create tens-of-millions of theocratic Republican voters.”

Shortly after the poll was released, United Teachers of Los Angeles President Alex Caputo-Pearl appeared on KQED-FM, a radio station in northern CA, and whined on about how charters don’t play by the rules. While he did not allude to the poll, his diatribe certainly meshed with it. Fortunately, California Charter School Association president Jed Wallace was also on air and managed to correct many of the union leader’s fanciful forays into Wonderland.

The essence of rmuse’s, Caputo-Pearl’s and other haters’ complaints about charters is that they are “unregulated” and “not accountable.” But nothing could be further from the truth.

As the California Charter School Association points out, unlike traditional public schools, charters are academically accountable in a couple of ways. “They are held accountable by their authorizer (usually the local school district) and, most importantly, by the families they serve. When a team of school developers submit their charter petition, they must define their academic goals. In order to be authorized, their goals must be rigorous. In order to stay open, they must meet or exceed those goals.” Additionally charters must abide by various state and federal laws, civil rights statutes, safety rules, standard financial practices, etc.

As former president of the Center for Education Reform Kara Kerwin writes, “… Unlike all other public schools, charters must be proactive in their efforts to stay open. They must set and meet rigorous academic goals, and actually meet or exceed their state’s proficiency standards. Unlike the conventional public schools that intentionally remain under the radar, charter schools operate under intense scrutiny from teachers unions, the media, and lawmakers. In states with strong charter school laws that allow for objective oversight, it is clear that performance-based accountability is working.”

Around the same time as the unions’ March offensive, a report was released that analyzed the achievement gap. As detailed by LA School Report, “The first-of-its-kind Education Equality Index from Education Cities studied data from schools in the 100 largest U.S. cities, and in each identified up to 10 schools with small or nonexistent achievement gaps that serve a student population where the majority are from low-income families.” It found that charters dominated the rankings in many big cities, especially in LA, where nine of the top 10 schools were independent charter schools.

Hardly a surprise. As students struggle in traditional LA schools, students from the same demographic groups are thriving in charter schools. By the time they’ve graduated, students at charter schools are over three times more likely to have completed courses needed for college admission than students at traditional public schools.

Also, Stanford University’s Center for Research on Educational Outcomes (CREDO) conducted an analysis of charter schools in LAUSD in 2014 and found that its students gain significantly more learning time than their peers in traditional public schools.

To be clear, not all charters are wonderful. But if a charter authorizing law is written properly and oversight is competent and vigilant, any charter not passing muster will be shut down. And most all, please keep in mind, charters are schools of choice, picked out by parents, unlike the zip-code mandated traditional public schools that are favored by the education establishment.

Today 282 charter schools operate in Los Angeles, serving 150,866 students. The sad news is that there are 41,830 kids still on waiting lists trying to get into one. Nationally, hundreds of thousands of students are wait-listed. And all the union leaders, their push pollsters, rmuse and their fellow travelers really don’t give a damn about them.

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.

Los Angeles Department of Monopoly and Power

Educating students is far from the #1 priority of the school board and the teachers union in LA.

On February 11th, LA School Report released an internal Los Angeles Unified School District document which stated that just 54 percent of seniors in LA are on track to graduate. The drop off from 74 percent last year was immediately attributed to the new “A through G” requirements, which ensure that graduating students are ready for acceptance into California public universities.

The rather lame, “This is the first year of the plan, so we are just getting the kinks out” excuse does not hold water. The A-G plan was initially formulated in 2005, but the LAUSD school board didn’t pay much attention to it. So instead of ramping up the rigor, they decided that in 2017 students could pass with a grade of “D,” instead of the “C” as was in the original plan. (This year’s class had been green-lighted for a “D” passing grade all along.)

Oh but wait, there is some “good” news. Due to the district’s “credit recovery plan” – allowing students to take crash courses on weekends, holidays etc. – the graduation rate has just been upgraded to a less cataclysmic 63 percent. Yeah, 63 is better than 54, but it still stinks. And the demise of the California High School Exit Examination (CAHSEE) has been left out of the equation. The test was killed a few months ago by the California legislature and, worse, the legislators chose to give diplomas retroactively (going back to 2006) to students who passed their coursework but failed the test.

The exam was hardly rigorous. According to the California Department of Education website, the English–language component addressed state content standards through tenth grade and the math part of the test addressed state standards in only grades six and seven and Algebra I. Hence, whatever the graduate rate actually turns out to be in 2016, it would have been lower had the state not knocked out a test that every high school grad should be able to easily pass.

So what’s a school board to do? Simply divert attention away from the problem.

The LAUSD school board’s major agenda item of late has been to slow charter school growth. According to Sarah Angel, managing director of advocacy for the California Charter Schools Association, “We are seeing an unprecedented uptick in the recommendation of denials of charter schools.” She pointed out that the LA school board approved 89 percent of the charter school applications it received in 2013, but that rate has been cut in half this year. The anti-charter push came about when the board went bananas over philanthropist Eli Broad’s plan to turn half the schools in LA into charters. Nothing will invigorate monopolists like a little old-fashioned competition.

Not to be outdone by the school board’s turf-protection moves, the United Teachers of Los Angeles has swung into action, joining a union-led national demonstration of support for traditional public school districts. Dubbed “walk ins,” these events were led in Los Angeles by UTLA and involved parents walking into schools with their kids at the beginning of the school day on February 17th. What this was supposed to accomplish is anyone’s guess.

The union also just raised its dues 30 percent, claiming more money is needed to “battle foes of traditional public education.”

Then, UTLA boss and class warfare expert Alex Caputo-Pearl began beating the tax-the-rich drum at a fever pitch. In an obvious reference to Eli Broad and some other philanthropists, he recently averred, “If billionaires want to be involved, they should not undermine programs, they should contribute their fair share in taxes.” Wondering how he knew what taxes certain individuals paid, I sent an email to Mr. Caputo-Pearl and UTLA’s communication director, inquiring which billionaires he was referring to and how much they paid in taxes. They have not deigned to respond to my query thus far. (Note to AC-P: The rich pay plenty of taxes, but 44 percent of Americans don’t pay any, and rest assured, there are no billionaires in that group.)

As if the school board and teachers union’s effort to damage charters wasn’t enough, there is a plan afoot to get an initiative on the ballot this year that would make charter schools illegal. Why? Because, according to the “Voices Against Privatizing Education” website, charters are “racist… cherry pick students, falsify records, commit enrollment fraud, close down community schools, destroy jobs, bust up unions and segregate students.” Not surprisingly this bundle of outright lies has the backing of several teachers unions and individual union leaders.

You see, charter schools are not being singled out for demolition because they haven’t worked; they are on the radar of the school board and the union precisely because they have been successful. At the same time that so many students in LA’s traditional schools are failing to meet graduation standards, students from the same demographic groups are thriving in charter schools. By the time they’ve graduated, students at charter schools are over three times more likely to have completed courses needed for college admission than students at traditional public schools.

Also, Stanford University’s Center for Research on Educational Outcomes (CREDO) conducted an analysis of charter schools in LAUSD in 2014 and found that its students gain significantly more learning time than their peers in traditional public schools. Among its findings:

  • Charter school students gain 79 more days of learning than their traditional school peers in math, as well as 50 additional days of learning in reading.
  • Latino students gain 72 more days of learning in math and 43 extra days in reading.
  • Latino students living in poverty gain 115 additional days of learning in math and 58 additional days in reading.
  • African American students gain 14 extra days of learning in both reading and math.
  • African American students living in poverty gain 58 additional days of learning in math and 36 additional days in reading.

Evelyn Macias, mother of Julia Macias, one of nine student plaintiffs behind the Vergara lawsuit, recently penned an op-ed for LA School Report, in which she wrote,

We need to look at state policies, legislation and labor agreements that have, over the course of decades, eroded and diminished the rights of children, low-income working families, and ALL families, by claiming the higher moral ground for employees, while much of our leadership remains silent.

Our children are falling through the cracks, while we stand and watch. Who besides their parents and student advocacy groups will step up?

Who besides parents and certain advocacy groups? Who, indeed? Certainly not the obstructionist school board and teachers union. They are intent on protecting turf and maintaining their monopoly. Educating children is far down on their to-do list. Shame on them.

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.

The Unions’ “Accountability” Libel Against Charter Schools

The teacher union war on charter schools ramps up with empty billionaire and accountability accusations.

Charter schools are like pesky chewing gum that the teachers unions just can’t quite get off their shoes. They have been persistent in trying to just get rid of the alternative public schools – except for the few they have managed to organize. The problem they’re having is that charters are very popular with parents and kids, especially with those who reside in the inner cities which are home to the worst traditional public schools. The latest pathetic attempt by union command-central to destroy charters emanates from the Center for Media and Democracy (CMD), which, as investigative reporter Eric Owens points out, is a reliably pro-union advocacy organization based in Madison, Wisconsin.

Perhaps “reliably pro-union” is an understatement. The American Federation of Teachers gave CMD $30,000 for “member related services” in fiscal year 2015. Also, one of the biggest funders of CMD is Democracy Alliance, which boasts AFT president Randi Weingarten as a member and National Education Association executive director John Stocks as its president. The dark money group also includes old leftwing billionaire George Soros and new leftwing billionaire Tom Steyer.

In a nutshell, the report asserts that the American public “does not have ready access to key information about how their federal and state taxes are being spent to fuel the charter school industry. Peppered with terms like “lack of accountability” and “flavoring flexibility over rules,” the summary is an indicator of how off-target the sloppy and factually-challenged report really is. As reported by LaborPains.org, for example, it attacks charter-friendly Arizona Governor Doug Ducey, offering reporters a misleading story about secret meetings and plots.

Emails obtained by CMD from Gov. Ducey’s office reveal that he (and his predecessor) helped propel a secret ‘School Finance Reform Team’ … The stated goal was for everyone on the school reform team to use their ‘different contacts to help get …legislation,’ which would effectively divert more money from public schools to charter school coffers passed.

But the Arizona Republic then printed the rest of the story. After reviewing the “secret” emails themselves, they found “nothing of the kind.” CMD was forced to issue a correction admitting that their reported premise was wrong. In the Republic’s words, CMD “used a handful of innocent emails to spin a conspiracy that just wasn’t real.

Of course there is nothing new about the unions and affiliated groups savaging charters with lies, using “unaccountable” and “billionaires” as their essential buzzwords. In June, NEA’s Brian Washington wrote, “…pro-charter forces are putting more money behind efforts to elect and lobby politicians who will implement policies resulting in unaccountable charter schools that threaten the futures of our students.”

The billionaire bash-of-the-week (seasoned with a dab of “accountability”), comes from Capital and Main, a union-friendly progressive website. There, Donald Cohen, founder and executive director of In the Public Interest, writes “Billionaires Can’t Teach Our Kids” which slams Eli Broad and a few other philanthropists for initiating a plan that would double the number of charter schools in Los Angeles. He claims, “Broad and his billionaire friends have decided that instead of investing in our public schools, they’ll just create new ones with less accountability and fewer standards ….” But a little digging reveals that In the Public Interest, which partnered with the American Federation of Teachers last year to push for more charter accountability, is a project of The Partnership for Working Families. An ACORN-like group, PWF hates anything capitalist and is a card-carrying member of the “Occupy Wall Street” movement, whose raison d’être is to vilify “one percenters.” Not surprisingly, several of PWF donors are rich philanthropists, including the aforementioned billionaire George Soros and other wealthy globalist/socialists.

Their billionaires don’t count, of course.

The very day CMD came out with its bogus report, reform-minded Ed Trust-West released “More Than Half of the Top California Schools for Low-Income Students Are Charter Schools.” This report highlights the top 10 highest performing schools for low-income 3rd, 8th and 11th grade students in California and finds in 3rd and 11th grade, “five of the top ten are charter schools. In 8th grade, seven of the top ten are charters.” (Education Trust-West analyzed data from schools where “at least 60 percent of the students qualify as low-income in order to determine the top 10 performers by subject matter and grade,” reported Kimberly Beltran.)

Additionally, a recent Stanford University’s Center for Research on Education Outcomes (CREDO) report shows that across 41 regions, “urban charter schools on average achieve significantly greater student success in both math and reading, which amounts to 40 additional days of learning growth in math and 28 days of additional growth in reading.” The CREDO report is certainly in line with the results of the California Assessment of Student Progress and Performance (CAASPP) test in Los Angeles, where Mr. Broad and his “billionaire friends” are seeking to make improvements. The results, released in September, show that only one-third of LA students in traditional public schools performed up to their grade level in English and one-fourth did so in math but that the city’s charter school students did much better.

LAUSD - performance on SB test 2015(Courtesy of California Charter School Association via LA School Report)

Are charter schools perfect? Hardly. Not even all are wonderful. But as Nina Rees, president of the National Alliance for Public Charter Schools, notes in a rejoinder to the CMD report, when charters don’t do the job, they can and should be shuttered. “The public charter school bargain (has) more flexibility to innovate in exchange for accountability for higher student achievement. When public charter schools fail to meet their goals – whether for academic, financial or operational reasons – they should be closed, even if we have invested federal dollars in them. If we don’t close them, we undermine the whole concept of public charter schooling.” While there are a few exceptions, that’s the way charters schools operate.

The teachers unions and their fellow travelers would be best served if they’d stop their billionaire bashing and their tiresome accountability accusations. In fact, if traditional public schools were held to the same level of accountability as charter schools, the world will be a much better place. Why am I not holding my breath?

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.

Life After Deasy

It was only a matter of time before the Los Angeles school chief was run out of town.

John Deasy is the latest to exit the fast-moving revolving door known as Los Angeles School Superintendent. The job – really an impossible one – saw Roy Romer replace Ray Cortines in 2001. Romer in turn was replaced by David Brewer in 2006, who was replaced by Cortines in 2009, who was replaced by Deasy in 2011. Now the octogenarian Cortines is back for a third stint as chief – for how long is anyone’s guess. Deasy is the fourth California superintendent in the last two years to be driven from a job that has the shelf life of homogenized milk.

Since his resignation on October 16th, much has been written about Deasy, who wore his good and bad traits on his sleeve. He admittedly had little use for political niceties, and at times seemed to enjoy getting up in people’s faces. As Doug McIntyre wrote in the Los Angeles Daily News, “Even Deasy’s supporters acknowledge he can be prickly, humorless, stubborn and thin-skinned.” Others have described him as bull-headed and impatient. School board member Steve Zimmer pointed out that he frequently used a sledgehammer – sometimes joyfully so – where a scalpel would have sufficed. Deasy’s heavy-handedness is exemplified by the Miramonte fiasco. Mark Berndt, a veteran teacher, was removed from the classroom after feeding his second graders cookies laced with his semen. At the same time, a colleague at the school was accused of inappropriately touching a female student. Instead of launching an immediate internal investigation to ferret out other possible miscreants, Deasy further destabilized the school and angered parents by removing every teacher from the campus, without any indication that others were in any way involved.

Deasy had other troubles. There was the wildly ambitious and ultimately bungled $1 billion iPad program in which he sought to put a computer in the hands of every student in the district. The rollout began amid confusion over whether or not students would be allowed to take the devices home and who’d be held responsible if they were lost or stolen. Then, upon receiving the computers, many students easily breached their security locks and began using the devices for non-school-related purposes. Additionally, many were outraged over the program’s bloated billion-dollar price tag. Deasy mercifully halted the process only after emails revealed he had discussed a possible contract with Apple before the bidding even started.

Then there is the “MiSiS crisis,” which came about when an online school information system was rushed into place prematurely, resulting in thousands of students being left with no class schedules. It’s hard to make the Obamacare rollout look good by comparison, but somehow Deasy and LAUSD accomplished it.

The United Teachers of Los Angeles was especially brutal toward Deasy. In April, 2013, it mounted “Whoopsie Deasy,” a campaign that sought to get rid of the controversial chief. The union encouraged teachers to give the superintendent a “no-confidence” vote, listing 10 reasons it considered Deasy a menace to the teaching profession. Their case included the fact that teachers had not received a raise in six years, that “testing was overtaking teaching” and that the superintendent was too cozy with “billionaire outsiders.” The poll clearly resonated with union members who delivered the no-confidence vote by a margin of 10 to 1.

But the real reason that UTLA regularly hammered the superintendent and his policies was the same reason the reformers supported him. He wanted to shake up the sclerotic system and viewed the union and its cronies on the school board as impediments to his pro-child agenda.

Deasy’s supporters quickly brushed the negatives aside and pointed to all the good he did for the district. He tried to bring teacher evaluations into the 21st Century. He championed charter schools as a way to let kids escape from district failure factories. He was a supporter of the Parent Trigger, which empowers parents to force a change of governance if a school is underperforming. He testified for the plaintiffs in the Vergara case, where Judge Rolf Treu ruled that the state’s archaic seniority, tenure and dismissal statutes were unconstitutional, adding that the evidence submitted “shocks the conscience.”

Reformers also give Deasy credit for the district’s improved test results but this argument is problematic. The test scores did go up a little, but it’s difficult to pinpoint just what factors led to the small increase. A recent study by The Brookings Institution showed that superintendents on average account for just “0.3 percent of student differences in achievement.”

Deasy has also been credited with a lower dropout rate. But again, it’s hard to know what the truth is. In April 2013, LAUSD reported a 66 percent grad rate. Then earlier this month, the district proudly announced it was up to 77 percent. Sounds impressive, right?

Well, not really.

It is 77 percent if you don’t include the students who couldn’t hack a district school and were placed in what are euphemistically called “alternative schools” where the grad rate can be as low as 5 percent. This is tantamount to saying that Joe Smith’s batting average is .300 – if you don’t count the 50 times he struck out. Also not included in the data are the “invisible dropouts” – those who never set foot in a high school. They are not counted as high school dropouts because, well, they never dropped in. Nevertheless, they are dropouts. Hence, we need to seriously rework the way we measure graduation rates before we can attribute credit to anyone for better numbers.

Devil or angel, Deasy’s troubles are not unique. Big city superintendents have faced similar daunting tasks and invariably wind up quitting or getting fired within a few short years of accepting the job. The most dramatic example of this pattern was the fiery three-year stint of reformer Michelle Rhee had in Washington D.C. In fact, referring to the LA superintendent position, Kate Walsh, president of the National Council on Teacher Quality, told LA School Report, “I don’t know a single person on earth who would want that terrible job. It won’t be a change agent. It will be a status quo candidate who will make life pleasant for himself by enjoying all the wrapping of the superintendency and being smart enough not to try and change a thing.”

The question then becomes, “Is LAUSD manageable at all?” Is a district that includes 31 smaller cities covering 720 square miles with 655,000 students who speak 87 languages, taught by 32,000 teachers (plus a support staff of 35,000) too big not to fail?

One possible solution is to break up the behemoth district – hardly a new idea; it’s been floating around for years. The northern part of the city, the San Fernando Valley, tried to break away in 2000. Then, in 2004, mayoral candidate Bob Hertzberg said that his first priority, if elected, would be to lead “a task force of teachers, parents, principals and other experts to come up with a plan to create smaller, community-based districts.” In 2006, state Assemblyman Keith Richman introduced legislation to split “the 727,000-student Los Angeles Unified School District into more than a dozen smaller districts, with the break-up overseen by a nine-member commission of mayors from the 27 cities that the district serves, the state superintendent of public instruction and university professors.” Most recently, Marc Litchman, who unsuccessfully challenged Rep. Brad Sherman for the 30th Congressional District in Los Angeles, said the first bill he would introduce would be to split up L.A. Unified. “The schools have to perform, and I think we’ve all been through this for quite some time. They’re not performing to the level we all hoped they would. In Los Angeles, the biggest barrier to that is the school district,” he said.

The problem with the dissolution idea is that it would result in power being ceded by those currently in charge. The LA school board and the teachers union will fight tooth and claw to keep the mammoth school district intact – no matter how unmanageable and dysfunctional it is.

Another change scenario is underway in New Orleans. Last month, the city became the country’s first all-charter district. Charter schools are public schools, funded by taxpayer dollars but run by largely independent boards. These schools get to avoid most of the red tape and union influence typical in a district contract. Teachers unions don’t have much of a presence in NOLA. The United Teachers of New Orleans, which had 5,800 members before Hurricane Katrina in 2005, has dwindled down to 530. The small size and independent nature of charter schools is a disincentive to labor organizers. “The same amount of effort that it takes to negotiate a contract with a district, you spend on one school,” a union leader in Louisiana said. Of course, teachers could exercise a “local only” option which would give them greater control over their own destiny, be more child-friendly and excludes costly membership in a state and national affiliate.

Unfortunately, without a cataclysmic act of nature wreaking havoc on Los Angeles, this scenario too would run up against massive resistance from all the usual suspects. It would take a herculean effort by maverick legislators or a well-funded ballot initiative to make an all-charter district a reality.

So until then, we will suffer along with a yet-to-be-named superintendent who will either be a Deasy-type provocateur, burning out after a short time or, more likely, we will be treated to a make-nice type who will not rock the LAUSD boat. The losers, as always, will be the children who could have better but for the self-serving demands of the grown-ups captaining a ship that is constantly taking on water.

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.

UTLA Presidential Candidates Slam Charter Schools

At a Los Angeles teachers union election forum, presidential contenders portray charter schools as a disease that needs to be eradicated.

As reported by LA School Report’s Vanessa Romo, charter schools were a primary target at the February 20th symposium for presidential candidates of the United Teachers of Los Angeles. Actually, it seemed as if each aspirant who spoke on the issue was trying to position himself as Charter School Enemy #1.

Before we get into the debate itself, let me just spill out a few facts about charter schools.

  • Charter schools are public schools of choice.
  • They are tuition-free and open to any student who wishes to attend. They don’t cherry pick their students.  Charter schools allow parents, organizations, or community groups to restore, reinvent, and reenergize our public school system.
  • Charter schools are designed and governed by each local community, rather than by a central bureaucracy.
  • A charter school gets 3 to 5 years to do what it says it is going to do, and if it doesn’t succeed – unlike traditional public schools – it gets shut down.
  • In the U.S., there are 6,500 charter schools (in 42 states and D.C.), serving 2.5 million students; sadly there are 520,000 kids on wait lists.
  • In California, there are 1,130 schools, 500,000 students and 50,000 on wait lists.
  • According to the non-partisan California Legislative Analyst Office, in 2010-11, new charters got $721 less per pupil than traditional public schools. (Typically, the costs of the buildings are not included, although, according to California Charter School Association president Jed Wallace, CA’s new Local Control Funding Formula will equalize things.)

How well do charter schools perform? There have been many studies, the great majority of which claim that they do quite well, especially with some underserved student subgroups: low-income students, English Learners, African-American and Latino students. There’s mounting evidence that charter schools decrease dropout rates, increase college attendance rates and improve the quality of colleges that college-bound students attend.

If these kids go to college, do they actually graduate? And if charter schools really have lasting effects, shouldn’t they have an impact on how much money students earn? A new working paper examines these questions, and the answer is – in a word – yes

Not surprisingly, charter schools are very popular. Using just released data, by the National Alliance for Public Charter Schools, the National Center for Policy Analysis blog reports that,

When families have public school choice, they increasingly select public charter schools over traditional public schools.

  • Over the past five years, student enrollment in public charter schools has grown by 80 percent.
  • … In seven school districts, more than 30 percent of students attend charter schools.
  • In 135 districts, at least 10 percent of students attend public charter schools.
  • Thirteen school districts saw increases in charter school enrollment ranging from nearly 20 to almost 60 percent in a single year.
  • … A 2013 Phi Delta Kappa/Gallup poll indicates that nearly 70 percent of Americans favor charter schools.

Referring to the same study, former state Senator Gloria Romero wrote in the Orange County Register that

… 600 new public charter schools opened their doors for the 2013-14 school year, serving an estimated 288,000 students. Over the past decade, charter school enrollment rose 225 percent, and the number of new schools rose 118 percent.

Nina Rees, alliance president and CEO, stated, ‘Parents are increasingly voting with their feet. This is the largest increase in the number of students attending charter schools we’ve seen since tracking [began]. … Independent research has shown time and again that charter school students perform better academically than their traditional-school peers. Families are catching on, and these enrollment figures reflect that.

California led the nation in the number of new charters and students served, adding 104 schools and serving an additional 48,000 students (despite the additional space, some 50,000 students remain on charter waiting lists). California was followed by Arizona, with 87 new schools; Florida, with 75; Texas, with 52; and New York, with 26.

As I wrote last year, the teachers unions have a schizoid relationship with charters. On Mondays, Wednesdays and Fridays, they want to kill them off; on Tuesdays, Thursday and Saturdays they want to unionize them. To date, only about 12 percent nationwide and 15 percent in CA have been unionized. Seems that many teachers value the freedom that non-unionization offers more than they care about the job protections that the unions provide. And this is just not okeydokey with union bosses, and the candidates for the UTLA presidency were not shy about expressing their opinions.

Three members immediately conceded that charters are too attractive to the public and are here to stay.

Gregg Solkovits, Alex Caputo-Pearl, and Bill Gaffney agreed that there’s no turning back the tide on the charter school movement within LA Unified and therefore UTLA must aggressively pursue efforts to organize charter school teachers.

Gaffney, who is a charter member of UTLA’s charter organizing committee said,

… charter school teachers are easily convinced that joining UTLA is much better deal for them. Although, he conceded, it is ‘a very scary process’ that involves a lot of secrecy for teachers with no legal protections.

Scary? No legal protections? Gee, not exactly great selling points.

Solkovits is currently a UTLA vice-president and longtime unionista. He was refreshingly honest when he said,

When charter schools are organized, they become much less attractive to our enemies.

Please note that he didn’t bother to mention the success of charter schools or long wait lists, which are the result of parents clamoring to get their kids out of lousy traditional public schools. Nah. He went right for the political. At least he didn’t come up with the typical union tripe about his position being “for the children.”

Not to be outdone, Saul Lankster, previously a teacher at two charter schools, has done an about-face and is staunchly anti-charter. As Romo writes, “His plan is to withdraw support from board members who support charter schools in favor of ones who oppose them.”

Leonard Segal wants to block charter expansion by changing California’s education code.

Then there is incumbent Warren Fletcher, who is perceived by many of the candidates to be a wimp. But regarding charters, he proudly pointed to the fact that he opposed Prop. 39, despite the UTLA leadership’s endorsement of the initiative in 2000. This law, among other things, allows for traditional public schools to let charter schools coexist on their campus (colocation) if room is available. This prop turned out embarrassing for traditional public schools and the union because charters frequently outperform their “colocatees” with kids from the same demographic. This phenomenon was spelled out quite clearly by Jason Riley. Writing in The Wall Street Journal, he quotes from Steven Brill’s Class Warfare, which compares the teachers’ contracts at Harlem Success Academy, a high-performing charter school in New York City, and a traditional public school that shares the same building and teaches kids from the same socio-economic background.

‘The Harlem Success teachers’ contract drives home the idea that the school is about the children, not the grown-ups. It is one page, allows them to be fired at will, and defines their responsibilities no more specifically than that they must help the school achieve its mission. Harlem Success teachers are paid about 5 to 10 percent more than union teachers on the other side of the building who have their levels of experience.

‘The union contract in place on the public school side of the building is 167 pages. Most of it is about job protection and what teachers can and cannot be asked to do during the 6 hours and 57.5 minutes (8:30 to about 3:25, with 50 minutes off for lunch) of their 179-day work year.’

In … 2010, 29 percent of the students at the traditional public school were reading and writing at grade level, and 34 percent were performing at grade level in math. At the charter school, the corresponding numbers were 86 percent and 94 percent. (Emphasis added.)

Given the embarrassment factor, it’s easy to see why colocation and charters in general are issues for the teachers unions.

UTLA ballots went out yesterday, but it looks as if, no matter who gets elected as new UTLA president, the assault on charters – in spite of their success – will continue. As such, is it surprising that only 22 percent of Americans think that teachers unions have a positive effect on education? This is an all-time low figure and the unions are dealing with the deepening hole they are in by ordering more shovels.

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.

“Hey, Deasy, baby, I want my money.”

Los Angeles teachers demand a raise, but their appeal to the public is embarrassing and more importantly, misses the big picture.

Claiming that teachers have not received a raise since 2007, the United Teachers of Los Angeles held a protest rally last Wednesday. As reported by Ryan White in LA School Report,

“Hey, Deasy, baby, I want my money,” the red-shirted crowd sang in a hip-hop inspired chorus at a rally organized by UTLA in its ongoing bid to win salary increases from the district. Their target: Superintendent John Deasy.

With teachers’ last pay raise dating back to early 2007, the union says a salary hike is long overdue, especially since last fall’s voter-approved Prop. 30 increased the per-student funds the district receives from the state. The argument that teachers are now owed their financial due after years of sacrifice was the rally’s dominant refrain.

While the chant was thoroughly obnoxious, the teachers’ plea seems reasonable … on the surface. But a look under the microscope reveals things not apparent to the naked eye.

First, while it is true that teachers in Los Angeles have not received an across-the-board raise in almost seven years, they get yearly raises throughout most of their careers. Due to the step-and-column way we pay our teachers, most get a bump for simply not dying over the summer. Then they get more raises for taking “professional development” classes and workshops, despite conclusive research over the last 25 years by Stanford-based economist Eric Hanushek showing that these classes have no effect on student learning. In LA, the set-up is particularly egregious, resulting in a huge and unnecessary burden to the taxpayer.

According to the district contract with the United Teachers of Los Angeles, coursework, to qualify as professional development, must be “directly related to subjects commonly taught in the District.” So a kindergarten teacher can take “Northern and Southern Economies on the Eve of the Civil War,” say, and receive what is euphemistically called “salary-point credit” for it. Or an American history teacher could take a class in identifying different kinds of plankton and also get a bump in pay. Taxpayers pay out a whopping $519 million a year in extra salary payments to teachers who take such courses. (Emphasis added.)

In Los Angeles, a starting teacher makes $45,637 and a veteran can make up to $98,567. But it’s important to note that the average teacher works between 6 and 8 hours a day, 180 days per year – compared to the average college-educated worker, most of whom work over 8 hours a day and 240-250 days a year. The teacher union-perpetuated myth of the undercompensated teacher was blown up in 2011 by Andrew Biggs, a researcher at the American Enterprise Institute and Jason Richwine, a senior policy analyst at the Heritage Foundation. Their study, in fact, found that teachers are overpaid. Typically, teachers have perks like excellent healthcare and pension packages which aren’t counted as “income.” Armed with facts, charts and a bevy of footnotes, the authors make a very good case for their thesis. For example, they claim,

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.)

Another pay issue worth examining is the set-in-stone collective bargaining contract which makes no allowance for teacher quality. While many in the “Hey, Deasy, baby” crowd undoubtedly support collective bargaining, is it fetching them more money? Not according to data collected by the National Council on Teacher Quality. As Fordham Institute’s Mike Petrilli reports, “Teachers in non-collective bargaining districts actually earn more than their union-protected peers – $64,500 on average versus $57,500.” He does add that

… there is some evidence from the NCTQ data that non-collective bargaining districts drive a harder bargain when it comes to health care….

All of this sheds a light on what the unions are really about: protecting benefits and seniority–not pushing for higher pay. If you’re a young teacher earning a lousy salary and paying union dues, that’s something to be very angry about.

An additional problem with collective bargaining is that it hurts good teachers because of  “wage compression,” which occurs when the salaries of lower paid teachers are raised above the market rate, with the increase offset by reducing pay of the most productive ones. As Cato Institute’s Andrew Coulson wrote in 2010,

The impact of this wage compression is significant. Using an instrumental variables model, and taking into account alternative explanations, Hoxby and Leigh (2004: 239) conclude that between 1963 and 2000, “Pay compression increased the share of the lowest-aptitude female college graduates who became teachers by about 9 percentage points and decreased the share of the highest-aptitude female college graduates who become teachers by about 12 percentage points.” (Emphasis added.) To this, Neal (2002: 34) adds that, “The rigid wage structures among public schools also raise questions about teacher retention.” In particular, he points to studies by Murnane and Olsen (1989, 1990) and Stinebrickner (2001), which examine separation rates for public school teachers, and concludes that “teachers with higher test scores and better college records leave their jobs at higher rates.”

After reviewing all the data, what leaps out is that teachers as a whole don’t fare badly at all when it comes to salary and benefits. But it is shameful that school districts and teachers unions in California have colluded to treat teachers as interchangeable widgets with no acknowledgment of teacher quality. That a great teacher and a mediocre teacher – both of whom have taught for the same period of time – make exactly the same amount of money is disgraceful. Good teachers are a treasure and should be compensated accordingly. At the end of the day, protesting teachers may demand “their money,” but after examining the facts, only the best ones deserve it.

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.

Getting Criminals Out of Schools

A new bill would keep pedophiles and violent criminals out of our schools; teachers unions balk. California law firm decides to try an end run.

A couple of weeks ago in Washington, D.C., the House of Representatives passed a bill by a simple voice vote, which stipulated that public schools would be barred from employing teachers and other school employees who have been convicted of sexual offenses or violent crimes against children.

“Keeping children safe is not a partisan issue,” said the chief sponsor, Rep. George Miller, D-Calif. “It’s a moral obligation.”

“Every school employee, from the cafeteria workers to the administrators, to janitors to the teachers, principals and librarians, that everyone” is subject to background checks including the FBI fingerprint identification system to the national sex offender registry, said Rep. Todd Rokita, R-Ind.

Now just whom do you suspect might take issue with such a law?  

Go to the head of the class if you responded “teachers unions.” Both the National Education Association and the American Federation of Teachers sent letters to Congress complaining about the proposed legislation. The NEA missive starts off with,

On behalf of the more than three million members of the National Education Association and the students they serve, we would like to offer the following views on H.R. 2083 to require criminal background checks for school employees, which will be voted on tomorrow. (Emphasis added.)

On behalf of students? Did I miss something here? Has NEA forced students – as they do teachers in 26 states – to become beholden to the union? The rest of the letter is no better, and includes one truly bizarre comment. “…criminal background checks often have a huge, racially disparate impact.”

They do? Which race should get a pass? Would NEA be more in favor of the bill if it had a racially proportionate number of pedophiles? (Note to teachers: ya think maybe it’s time to stop supporting the loopy antics of NEA?)

Over at AFT command central, wily lawyer and union president Randi Weingarten submitted a longer and more nuanced letter to Congress, which includes the usual talking points, but does raise one issue that, at first glance, seems sensible.

We suggest that states with background check laws that are at least as demanding and thorough as those proposed in H.R. 2083 be granted the flexibility and authority to use their own state laws and procedures in place of the new federal rules laid out in the bill.

As a firm believer in the 10th Amendment, I think this is reasonable … on the surface. However, the reality is that the teachers unions, with their vast war chest and political clout, have managed to influence legislation that favors all teachers “rights” over the best interests of children in many states. One needs to look no further than California for a glaring example.

In 2012, California state senator Alex Padilla wrote SB 1530, which would have streamlined the labyrinthine “dismissal statutes” that require districts to navigate a seemingly endless maze of hearings and appeals that all teachers are currently entitled to. In fact, Padilla’s bill, narrow in scope, dealt only with credible claims that a teacher has abused a child with sex, drugs, or violence. But this sensible legislation was quashed in the Assembly Education Committee where the teachers unions’ hairy not-so-hidden hand rules supreme.

Then earlier this year, the teachers unions got behind AB 375, a watered-down, poorly written dismissal bill that, though it would have made some things even worse, was nevertheless passed by both houses of the California legislature. Fortunately, Governor Jerry Brown vetoed it.

So the question becomes how to pass legislation in the many states where the teachers unions are all powerful. Bell, McAndrews & Hiltachk, a law firm in the Golden State, has come up with a solution: bypass the legislature and let the voters decide directly. Last week, the legal team submitted a proposed ballot measure which they are calling the “Stop Child Molesters, Sexual Abusers and Drug Dealers from Working in California Schools Act.”

Should the initiative become law, the California Education code would be amended. The essence of the proposal:

Current law includes loopholes for school employees perpetrating egregious misconduct to remain on the public payroll and earn continuing retirement credit for excessive time after having been charged in writing with committing egregious misconduct and being notified of a decision to terminate employment thereby increasing the dismissal costs to school districts and draining resources from schools and the children they serve.

School employees perpetrating egregious misconduct in California have exploited loopholes to delay and conceal dismissal proceedings manipulating school districts to pay-off, reassign, enter into agreements to expunge evidence of egregious misconduct from district personnel files, and approve secret settlement agreements enabling the school employee to continue to perpetrate offenses in other schools and school districts, thereby infringing on the inalienable right of students and staff to attend public primary, elementary, junior high, and senior high school campuses which are safe, secure and peaceful as guaranteed by the Constitution of the State of California.

Accordingly, the People of the State of California declare that to secure the constitutional guarantee of students and staff to be safe and secure in their persons at public primary, elementary, junior high and senior high school campuses, school districts must have the appropriate statutory authority to expeditiously remove and permanently dismiss perpetrators of egregious misconduct without facing lengthy and costly litigation or creating incentives to transfer the school employee to another assignment, school or school district.

According to LA School Report’s Vanessa Romo, the Attorney General’s office has until Dec. 23rd to title and summarize the initiative. After that, proponents have 150 days to circulate a petition throughout the state and collect 504,760 signatures.

The teachers unions have yet to comment on the proposed initiative, but when they do, rest assured it won’t be favorable. Presumably they’ll rail about the rights of teachers and trot out their usual warnings about the bill’s negative effect on “the children.” Maybe they’ll blather on about how the initiative might disparately affect some unnamed minority. In other words they will do everything possible to convince the public that the initiative is wrong for California. Exactly how low the union will go is anyone’s guess, but as Lily Tomlin once quipped, “No matter how cynical I get, I just can’t keep up.”

How will the voters of California respond to the unions’ barrage of distortions and red herrings that will undoubtedly pollute the public airwaves? If the initiative gets on the ballot, we will find out a year from now. Stay tuned.

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.