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Loss of LIFO

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

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

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

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Philanthropist Eli Broad

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

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

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

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

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

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

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

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

And parents agree with both Blew and Mandell.

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

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

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

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

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

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Post-Vergara Rumblings

The Vergara decision is three weeks old – and due to the teachers unions’ appeal, nothing has changed. Or has it?

Because Judge Rolf Treu has placed a stay on his Vergara ruling pending the outcome of the teachers unions’ appeal, the tenure, seniority and dismissal statutes are still alive and well in California. However, there already has been some fallout engendered by the decision.

Introduced in February of this year, AB 1619 would have required school districts with fewer than 250 students to grant tenure to teachers after three years. Amazingly the unions had not, until earlier this year, tried to sink their hooks into these smaller districts that have no tenure laws at all. The bill, cosponsored by the California Teachers Association (surprise!) and Lorena Gonzalez, former leader of the San Diego Imperial Counties Labor Council, sailed through the State Assembly but hadn’t made its way out of the Senate Education Committee. As reported by LA School Report, “Paul Ochoa, an aide to Gonzalez …, said the bill ‘will not move forward this year,’ but he was uncertain if Gonzalez would try again next year.” Teacher union watchdog Mike Antonucci recently observed that there’s no doubt that “had it not been for the Vergara ruling, not only would AB 1619 have passed already, but we probably wouldn’t have even heard a word about it.”

While California is wrestling with the ramifications of Vergara, New York has inaugurated a similar lawsuit. Campbell Brown, a former CNN anchor who has become involved with education reform of late, launched the Partnership for Educational Justice in December 2013. Inspired by Vergara, she has identified six children who have agreed to serve as plaintiffs, arguing they “suffered from laws making it too expensive, time-consuming and burdensome to fire bad teachers.”

Ms. Brown wants a verdict in her group’s case to spur legislators to come up with better education policies. ‘My hope is this would be a wake-up call to politicians who failed to solve these problems for years,’ she said.

Her team has been meeting with parents to find plaintiffs. One is Jada Williams in Rochester, who wrote a seventh-grade essay complaining about teachers who she said gave no real instruction and failed to manage unruly students. Her mother, Carla, said in an interview: ‘When a child in class is educationally neglected, that’s a criminal act.’

David Welch, the Silicon Valley entrepreneur who financed Students Matter, the advocacy group that filed the Vergara suit, has given Ms. Brown guidance, and came to a meeting of about 30 people at her apartment in April to discuss it, she said. A mother of two children in private school, Ms. Campbell said she gave seed money to the Partnership for Educational Justice. She declined to disclose other donors. She has applied for nonprofit status.

Shortly after the Vergara verdict, the USC Rossier School of Education and Stanford-based Policy Analysis for California Education conducted a poll and found

… that two-thirds of voters (68 percent) agree that the state should do away with “Last In, First Out,” a policy that requires the newest K-12 teachers be laid off first, regardless of merit. Just 17 percent said California should continue to conduct teacher layoffs in order of seniority….

California voters also largely opposed the state’s tenure laws for public school teachers, according to the poll. Six in 10 California voters said teachers should not continue to receive tenure, as it makes firing bad teachers difficult. Twenty-five percent of voters said the state should keep tenure for public school teachers to provide them job protections and the freedom to teach potentially controversial topics without fear of reprisals.

When asked specifically about the timeline to tenure — which can be awarded after as little as 18 months in the classroom — 38 percent said two years is too soon to award tenure, and 35 percent said public school teachers shouldn’t receive tenure at all, the poll showed. Seventeen percent of voters said two years was the “right amount of time” to earn tenure, and 4 percent said two years was too long, according to the poll.

Perhaps most interestingly, the poll showed that when asked about California’s teachers unions,

… 49 percent of voters said they have a “somewhat or very negative” impact on the quality of K-12 education, with 31 percent saying unions have a “somewhat or very positive” impact.

Then, for sheer entertainment value, we have the teachers unions’ responses to the ruling and its aftermath, bloviating about the turn of events every time a microphone is within harrumphing range. In an obvious slap at Campbell Brown, New York State United Teachers president Karen Magee nonsensically claimed that, “If hedge fund millionaires and celebrity dilettantes were truly interested in guaranteeing students a quality education, they would join parents and unions in fighting for fair funding for all children, not just the affluent.”

The funding canard doesn’t even merit a response. And if Magee has issues with “celebrity dilettantes,” why didn’t she pillory Matt Damon for statements he made supporting tenure at an SOS rally in 2011? I guess, for her, some celebrity dilettantes are more equal than others.

Responding to the Vergara decision, National Education Association leader Dennis Van Roekel informs us that, “This lawsuit was never about helping students, but is yet another attempt by millionaires and corporate special interests to undermine the teaching profession and push their own ideological agenda on public schools and students while working to privatize public education.”

His might as well have said, “The cow jumped over the moon” for all the sense he made. Getting rid of incompetent and criminal teachers and trying to save the hides of young teachers victimized by last in/first out rules is what the case was about. Privatization and an “ideological agenda?” Not even close. Actually it’s the teachers unions’ “ideological agenda” that is helping to spur the very school choice movement that Van Roekel and other union leaders are forever decrying.

And of course American Federation of Teachers president Randi Weingarten weighed in, claiming that the decision “strips the hundreds of thousands of teachers who are doing a good job of any right to a voice.” Oh please. Teachers have plenty of “voice” except maybe when they run afoul of the union for not toeing the party line. Effective teachers won’t be affected by the Vergara decision, though some pedophiles’ and incompetents’ livelihoods may be cut short.

Mike Antonucci analyzed the national and California teacher union leaders’ responses to the Vergara decision and noted that none of them used the words “tenure” or “seniority.” He writes,

My view of all this is that the unions will, as they have in the past, score well with the general public when attacking evil corporate puppetmasters. But judging from the media reports of the Vergara ruling – almost all of which prominently use ‘seniority’ and ‘tenure’ – they will have an uphill battle altering the public perception of protecting bad teachers.

If the USC poll is any indication, the Vergara trial – if nothing else – has been a public relations disaster for the unions. Translating that into meaningful political change is going to be the tricky part. And so, the battle continues.

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.