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Minnesota’s Toxic Twins

Randi Weingarten and Hillary Clinton embrace, as parents sue to modify rigid, anti-child union work rules.

The yearly American Federation of Teachers wingding was a doozie this year. The 100th anniversary of the union and the presence of Democratic presidential nominee Hillary Clinton made for an especially noxious four days in Minnesota – a forced union state – last week. (The AFT affair coincided with the Republican Party convention, but no one would have attended that other event, even if they were on different dates.)

AFT president Randi Weingarten’s talk was laden with typical rah-rah union blather, topped with world-class fawning over Clinton. “Hillary understands the most urgent issues confronting our country. Her bold economic plan puts unions front and center….”

Boy, does it ever. If elected, Clinton will put at least teachers unions front and center. In her talk at the love-in, she gushed, “I want to thank you for being one of the essential partners for everything we need to do to move the country in the right direction.” And she then added “When I’m president, you will have a partner in the White House, and you will always have a seat at the table.” (The you in her statement refers to union honchos, not teachers.)

Minnesota governor Mark Dayton also addressed the throng, tossing out well-worn edu-blob rhetoric like, “…many people did not know how poorly the nation funds public education.” But the “we need to spend more” mantra has been blown up countless times, most recently by Minnesota reformer/writer Chris Stewart who pointed out that North High, one of the poorest performing schools in Minneapolis, receives budget allocations that amount to $17,460 per student, while Southwest High, a school ranked among the best in the nation, gets just $7,782 per student.

The party faithful were in heaven as Clinton and Weingarten oozed their utopian happy talk – so much so, in fact, that hundreds of unionistas took to the streets on the second day of the festivities, tying up traffic and annoying thousands of workers trying to get home during rush hour. But the protestors just had to vent about the “violence visited on the community by Big Banks” and promote the Black Lives Matter agenda. (Can’t let a little good rush hour traffic go to waste!)

Missing from the convention agenda, however, was that the prior week a judge heard initial arguments in a lawsuit aimed at dismantling Minnesota’s union-orchestrated tenure and seniority “protections” for public school teachers. The case was filed by Campbell Brown’s Partnership for Educational Justice and Students for Education Reform Minnesota. The plaintiffs in Forslund v. Minnesota are four mothers from Duluth, St. Paul and Minneapolis. Their suit seeks to have state tenure and dismissal laws ruled unconstitutional, charging they violate the state’s guarantee to a “thorough and efficient” education. It takes three years to attain tenure or “permanent status” – essentially a job for life – in the state. Additionally, the litigants claim that the last-in, first-out statute leads to a less qualified teaching profession. According to Chris Stewart, 98 percent of principals reported losing a quality teacher to LIFO.

The case is similar to the Vergara litigation in California which led to the Wright lawsuit in New York. The latter suit, like Minnesota’s, was also brought by Partnership for Educational Justice along with the New York City Parents Union.

The teachers union is also front and center in another battle in Minnesota. The Gopher State faces severe shortages of teachers in special education, math, science and engineering. As such, you might think that Minnesota – as other states have – would ease the rigid, unnecessary and frequently idiotic credentialing requirements one must suffer through to become a public school teacher. (Bill Gates could not teach a class in computer software in a Minnesota public school because he hasn’t taken the required ed school classes.)

But Minnesota’s Board of Teaching isn’t budging. You see, the board was appointed by the governor, a strong supporter (and beneficiary) of the state’s teachers union, Education Minnesota, which has lobbied against any kind of alternative licensing. The board is comprised of union organizers and representatives of the traditional education colleges whose exclusive franchise would be threatened by a change in the requirements. Also, the ed schools’ faculties are represented by the union.

All the while the union bosses are grousing about the motives of the reformers. Weingarten still swipes at Campbell Brown, claiming that she “continues to do the bidding of her monied donors.” But of course this is just a typical union diversionary tactic. In Minnesota – and elsewhere – the unions have almost total say over who enters the profession and who leaves it. As long as this is the case, many children all over the country will continue to receive a substandard education, and if Hillary Clinton winds up in the White House, she will do everything she can to ensure that the very disturbing status quo remains firmly in place.

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.

Earthquake Could Alter Education Landscape in California

Latest temblor to hit the Golden State is a lawsuit that could result in a major tectonic shift in education.

In September of 1975, due to New York City’s dire fiscal situation, I was laid off from my teaching position at P.S. 125 in Harlem. I lost my job not because I was a bad teacher, but because I was hired a few months after the teacher in the room next to mine…who was a lousy teacher. Using seniority, or last in/first out (LIFO), as a way to determine who keeps their job is wrong. It stank 37 years ago in New York and it’s no better in California in 2012.

Thirty-three other states leave these kinds of staffing decisions to local education agencies, but in California, LIFO is written into the state education code. However, this and more may be about to change. If successful, a lawsuit filed last week in Los Angeles by Students Matter would shake up the way California conducts much of its educational business. John Fensterwald writes,

Students Matter is the creation of David Welch, co-founder of Infinera, a manufacturer of optical telecommunications systems in Sunnyvale. The new nonprofit filed its lawsuit in Los Angeles Superior Court on Monday on behalf of eight students who attend four school districts. A spokesperson for the organization told the Los Angeles Times that Los Angeles philanthropist Eli Broad and a few other individuals are underwriting the lawsuit. They have hired two top-gun attorneys to lead the case: Ted Boutrous, a partner in the Los Angeles law firm of Gibson, Dunn & Crutcher, and Ted Olsen, former solicitor general for President George W. Bush.

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.

Organizations that have signed up for the suit as advisors are major players in the educational reform world. They include:

Democrats for Education Reform
Education Trust-West
New Schools Venture Fund
Parent Revolution
Students First
Students for Education Reform

Of course California shouldn’t need a lawsuit to end such an onerous system. But the sad fact is that it does for the simple reason that too many people in power have become way too comfy and have too much invested in the abysmal status quo. The teachers unions’ raison d’être will suffer if teachers started being treated as professionals and not interchangeable widgets. School boards will have to stop being doormats for their local teachers unions, take more initiative and come up with evaluation systems for teachers that have teeth. And school administrators will have to conduct teacher evaluations that ensure the best ones keep their jobs and the bottom performers are shown the door. Principals need to know that if they don’t accurately assess teachers, they could be out of a job. In short, there will be real accountability for all the players.

So far, very little has come out of the teachers’ and principals’ unions about the Students Matter lawsuit and the California School Board Association has also been mum. At this point, the only recorded comment on the lawsuit has come from the California Teachers Association president who in typical union fashion tried to redirect the conversation and duck any responsibility for the educational mess we find ourselves in. Dean Vogel said,

…the debate about teacher tenure and dismissal is being driven by the state’s economic crisis, which has drained education funding and resulted in waves of layoffs.

No Mr. Vogel, the debate has been brought to a head by the economic crisis, but is driven by people who actually care about how children are educated and miseducated in California.

In addition to LIFO, the suit attacks tenure which can be attained in California after just two years, essentially guaranteeing a 23 year-old teacher a job for life. Over ninety-eight percent of teachers in California get tenure, and once it’s granted, getting rid of a teacher is just about impossible. Fensterwald again,

The protection of ineffective teachers “creates arbitrary and unjustifiable inequality among students,” especially low-income children in low-performing schools, where less experienced teachers are hired and inept veteran teachers are shunted off, under a familiar “dance of the lemons” since they can’t be fired. Because education is a “fundamental interest” under the state Constitution, the five statutes that “dictate this unequal, arbitrary result violate the equal protection provisions of the California Constitution” and should be overturned.

According to Troy Senik in the Los Angeles Times,

… teachers in California — even terrible ones — are virtually never fired. A tiny 0.03% of California teachers are dismissed after three or more years on the job. In the last decade, the L.A. Unified School District, home to 33,000 teachers, has fired only four. Even when teachers are fired, it’s seldom because of their classroom performance: A 2009 expose by this newspaper found that only 20% of successful dismissals in the state had anything to do with teaching ability. Most involved teachers behaving either obscenely or criminally.

The lawsuit includes a chart which shows the ridiculous lengths that a school district must go through to get rid of an underperformer or a teacher involved in criminality once they have attained tenure.

Interestingly, another lawsuit, filed last year, has a court date in a few weeks. If successful, this litigation, which concerns itself with the state’s 40 year-old Stull Act, would be something of a companion to the Students Matter case. While the Los Angeles Unified School District is targeted in the Stull suit, if it flies, there would be statewide ramifications. As I wrote in January,

For nearly 40 years, the Los Angeles Unified School District has broken the law—and nobody seemed to notice. Now a group of parents and students are taking the district to court. On November 1, a half-dozen anonymous families working with EdVoice, a reform advocacy group in Sacramento, filed a lawsuit in Los Angeles Superior Court against the LAUSD, district superintendent John Deasy, and United Teachers Los Angeles. The lawsuit in essence accuses the district and the union of a gross dereliction of duty. According to the parents’ complaint, the district and the union have violated the children’s “fundamental right to basic educational equality and opportunity” by failing to comply with a section of the California Education Code known as the Stull Act. Under the 1971 law, a school district must include student achievement as part of a teacher’s evaluation. Los Angeles Unified has never done so: the teachers union wouldn’t allow it.

Thus, if the Stull lawsuit is successful, each school district in the state will be required to come up with its own method of evaluating teachers, but they all must use evidence of student learning via a standardized test as a component. If the Students Matter case then succeeds, there will already be evaluation systems in place to supplant LIFO. Incidentally, none of this is exactly revolutionary. At this time, 23 states currently use student performance on standardized tests as part of a teacher’s evaluation.

While the Students Matter case would go a long way toward getting California up to speed, even more would need to be done to restore the Golden State’s once great public education system. But as RiShawn Biddle says, there can be no denying that this lawsuit “is another important step in developing new strategies for advancing systemic reform.” This suit will bring up issues that the entrenched special interests don’t want to discuss. But their tired old spin will give way to the shakes as the earth begins to realign itself and the educational landscape changes.

About the author: 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.