Posts Tagged ‘tenure’

More on Tenure - Good riddance? Save Money?

Wednesday, February 9th, 2011

Two weeks ago a number of newly-elected governors joined a few die-hard education officials in another tirade about teacher tenure. The gist of the argument states that education improves when teachers unions give up tenure.

Even after labor’s one hundred years of bargaining to gain fair pay, safe working conditions, health and pension benefits, and the right to work without arbitrary dismissal, the easy thing to say when revenue dries up is unionized teachers have too much.

Anecdotes abound about highly paid teachers who are past their days of productive teaching. Classes full of students with low scores on state tests are the fault of those teachers. If they were gone, student scores would go up, schools would improve, and districts would not need so much to balance the budget. That’s what the rant tries to make the listener believe.

Nowadays, approximately 2.3 million public school teachers in the United States have tenure. It is true that the system can generate problems. The union system protects incompetent teachers by making dismissal difficult and time-consuming, by doling out money for paid leave and substitutes.

Here is what districts and states do to mitigate the problem of incompetent teachers. (From the November 17, 2008, Time article, “A Brief History of Tenure” by M. J. Stephey.)

The least effective is what California Governor Schwarzenegger called “the dance of the lemons” which means move poor teachers around to other schools. Then comes separation agreements, i.e., pay to leave-sounds like what happens to corporate CEO’s.

In 1997 Oregon abolished tenure, but replaced the benefit with two-year renewal of contracts and programs to help low-performing staff.

In other states, tenure is revoked, but due process remains before dismissal. A few states, like Colorado (see post 9-29-10), are trying a system to avoid tenure altogether by basing evaluation on yearly goals that determine salary and professional movement. A set of steps for improvement is provided before the teacher is dismissed.

The trouble with the obsession over abolishing tenure is that dismissing incompetent teachers and banking the funds will not save the low-performing schools, nor the funds that have disappeared because of a recession or a state legislature’s poor budget management.

Poor school finance measures fail to provide equal opportunities for students. In California in May 2010 (see post 6-2-10) a lawsuit on the behalf of teachers, students, parents, and school boards was brought to court against the state. To summarize, the status of California education finances are inequitable, inadequate, and overly complex.

Here are five proposals (At Issue: School Finance Reform by Margaret Weston, November 2010) from the Public Policy Institute of California, specifically devoted to California’s budget mess, but applicable to many states’ school budget problems. The steps are proposed with the funds available in California’s 2010-2011 budget. No revenue increase is expected.

Meet resource needs. No state can expect success using a one-size-fits-all spending ratio. Some students require more extensive help; for example, transportation costs are higher for distant rural students.

Structure incentives properly. For instance, English Language Learners struggle to achieve academically, but if the state awards failing schools, where is the financial incentive to help those schools improve?

Allocate funds transparently. Dispensing funds to school districts is only understood by a few financial wizards. Why? If the state needs revenue for schools, the tax-paying citizens need to understand the system.

Treat similar districts equitably. Allocate base funds at equitable per-pupil rates. Allocate extra costs equally; for example, to ELL students and special education students. Now, the expenditure rationale is almost always based on historical factors, not the current reality.

Balance state and local authority. Individual school districts have unique needs. Plan for local decision-making authority in exchange for accountability.

The report never speaks of eliminating tenure as a tool to improve school budgets. It does mention accountability, where tenure issues meet a better evaluation process for teacher, administrator, and school board.

TAP for TIF

Wednesday, June 9th, 2010

June 1, 2010, states sent in their second round Race to the Top applications.  However, the U.S. Department of Education’s Teacher Incentive Fund (TIF) may be seen as the great idea to help states and school districts solve the dilemma of compensating all personnel fairly, evaluating performance objectively, and using bonuses to motivate strong employees to do their best.

public elemenatary school in Colorado

public elemenatary school in Colorado

Too bad the research for TIF guidelines didn’t use (as yet) Scholastic’s Primary Sources: America’s Teachers on America’s Schools. The March 3, 2010, survey clearly noted that teachers do not do a good job because they may get bonuses.  As long as the pay is fair and adequate, they are more interested in collaboration for student success, good relations with the school community, clear standards common across the states, and strong support from the school administrators, school board, and superintendent.

Even so, school districts and states are going to try for TIF.  With deficit school budgets, how else are school districts going to keep high-quality teachers needed to innovate to reach today’s students (a strong consideration in the Scholastic survey)?  In fact, how are the schools going to establish innovative evaluations which “accurately measure teacher performance” unless they receive a grant to make it happen?

TIF guidelines are premised on the concept that tenure following a “steps and levels” salary schedule and ‘time in the system’ priority for transfer options leads to implicit (if not obvious) incentives for teachers and administrators to move to the least challenging schools.  Thus, low-performing schools are left with the newest or those least willing to make change of any kind.

Five core elements to receive a TIF grant are

1) A plan that communicates clearly what a “performance based compensation system” (PBCS) would look like.  One component that will take determined leadership to design.

2) The entire school community, including unions, must come to the table.

3) Rigorous, transparent, fair evaluation procedures that include, but are not limited to, student achievement (i.e. tests) and multiple observations in the classroom.

4) Data management and analysis.

5) Professional development to improve teaching strategies and time to analyze data.

As of April 2009 seven schools have implemented TIF with TAP, the Teacher Advancement Program designed under the auspices of the Milken Family Foundation in Santa Monica, CA.  The model has been promoted since 2000 by Lowell Milken, lawyer and philanthropist, with strong business connections which are seen the moment one reads the philosophy and assumptions of the model.

Now that schools, districts, states are looking for ways to change the tenure-evaluation-compensation design, TAP is the go-to model.  Most districts, of course, don’t have time or money to spend to plan a completely new paradigm.

The website says TAP provides on-the-job teacher training, career advancement, instructionally focused accountability, and performance-based compensation.  It says that performance award programs are successful when integrated with strong teacher leadership, professional development, and reliable analysis of student achievement-three of the factors that teachers in the Scholastic survey wanted.

Actually, when one finds a description of the process at a school using TAP, it looks very similar to many turn-around models designed to improve student achievement by making the most of teacher preparation, coaching, and collaboration on data analysis.

The big difference is the focus on bonus pay as the incentive to get teachers to take on a model to turn around a high-need school.  And, so far, studies don’t address bonus pay as a determining factor for good schools.  Finally, the website for TAP doesn’t address the problem of tenure, a negotiating factor with unions.

ACLU and CSBA Throw Down Gloves

Wednesday, June 2nd, 2010

School districts are doing what they always do as a way out of financial crises.  They look to the source of money generated by laying off personnel to solve the problem, never mind the issue of “last in, first out.”

up-scale suburban elementary school

up-scale suburban elementary school

As an example, in the up-scale suburban district of Los Altos, California, about 100 teachers are scheduled to be laid off, making class sizes rise even though the district has long touted its small classes.

All in spite of research showing how layoffs make things worse.  See this blog’s post on February 24, 2010, titled “Short Term, Long Term.”  The May 20, 2010, article “Teachers Facing Weakest Market for Jobs in Years” by Winnie Hu, New York Times, says “the recession seems to have penetrated a profession long seen as recession-proof.”  No kidding!

Not only are lay offs imminent-an estimate of 150,000 or more personnel nationwide, but jobs are not being offered.  One presumes class size increases are the answer.  Students aren’t going away.  Who’s going to teach them?

In this day and age, the layoff idea gets mixed up with the controversy about poor-performing teachers.  The ACLU-Southern California press release for its suit filed in Superior Court February 24, 2010, against lay offs in 3 lowest-performing middle schools in Los Angeles areas of Watts and Pico Union explains that lay offs seeming to be “a budget-related issue, underneath that is the teacher tenure policy that is under attack” by superintendent Cortines, Governor Schwarzeneggar et al.

To others, lay offs take on the quality of a civil rights issue.  Why should LIFO-”last in, first out”-be the school district’s policy when research shows that high-need schools in a district like Los Angeles have the newest teachers.  Whether they are fabulous or poor-performing, the teachers are gone each year a district faces a financial imbalance.  How can those schools establish a stable core of teachers, use resources to increase test performance, and train high-quality teachers–all of which is guaranteed in the state Constitution?

ACLU/SC won an injunction May 13, 2010.

Which leads to the suit filed May 20, 2010, in Alameda County Superior Court, by the California School Boards Association (CSBA), the California State PTA, and the Association of California School Administrators (ACSA) as well as nine school districts up and down the state and 60 students.  The suit seeks to overhaul the finances for school funding to “provide the resources to actually deliver” on the mandate of what schools must teach and what students must learn.

Over the past 40 years there have been several decisions and initiatives, Proposition13 (1978) being the most well-known, and Serrano vs. Priest (1976) and Proposition 98 (1988) being influential, that have set California’s untenable education budget.  The plaintiff’s argument is that “school funding is unstable, unreliable, irrational, and overly restrictive,” according to Jill Tucker and Marisa Lagos in “Suit could force major changes in school funding” San Francisco Chronicle, May 21, 2010.  About 70% of similar “adequacy lawsuits” have succeeded, according to the National Conference of State Legislatures.

In California, this suit will take years to work its way out of the courts, and one can only hope the legislature will resolve this systemic problem before the court decides for them.  One can expect that lay offs will continue to the detriment of schools and students, tenure-evaluation-compensation will keep being fought over, and stop-gap measures will be found to keep schools going, until the economy perks up and state money, that is taxes, rises to “normal.”

Standards We Can Believe In

Wednesday, May 26th, 2010

The entire education world stands behind consistent core content standards to use as benchmarks for student evaluation.  But, what about teacher evaluation?

another California elementary school

another California elementary school

At this moment most school districts in the country are frozen by the disarray in state budgets and taxpayer angst, preferring to blame teachers when students aren’t doing well just as the oil execs pointed fingers at everyone but themselves for the latest catastrophe in the Gulf of Mexico.

So with the uncontained controversy over funds for schools-think about it, we’re talking about money to make sure students are educated.  What would it be like to live in the countries where children don’t go to school at all, aren’t educated, struggle through life with little to sustain them much less lift themselves out of their hard scrabble existence?

Here in the U.S. the latest way we value our students is to not approve school district budgets, vote not to pass parcel taxes, exact wage freezes and higher insurance premium concessions from teachers, and require furlough days–to name a few of the cutback options pervading not only urban districts but upscale suburban districts also.

On top of such turmoil, state legislatures are passing new education bills that feel to teachers like another slap.  Why?  Before common core standards for students are put in place, and no matter what the states say, teachers are being evaluated by one tool–analyzing the improvement in test scores for the teacher’s students.  For many states improvement in this area would mean SPENDING funds and time to make those test scores valid and available.

Here it is: the cart before the horse.

This is how academic standards for student achievement should affect the teacher evaluation goal.  Follow this path: consistent standards and benchmarks, preferably throughout regions of the country if not nationwide; then tests that actually assess those standards and for which proficiency is equivalent region-wide; after test analysis, provisions made for each school to support those students who need intervention; next yearly evaluation, non-threatening, designed collaboratively with teachers in a school, test scores being one aspect; yearly evaluation of the school as a whole and of the district as a whole, including the superintendent and school board; money set aside to provide professional development for aspects of academic achievement not met by teacher, principal, school, and district.  REPEAT EACH YEAR.

This process is not on the agenda.  Instead, teacher tenure, anathema for most lay people, drives the process, especially for those fixated on turning schools into businesses, which they aren’t and won’t be even if run for profit.  Why would anyone wish to make a profit on the backs of little kids just doing what their parents want and the state requires?

The tenure aspect of teacher evaluation ought to be seen as an outcome of consistent, agreed upon standards and benchmarks for student achievement.  The teacher’s standards must be clear, unequivocal, based on objective statements of good teaching.

In addition, an agreed upon framework is needed for how the school community works together to meet student achievement goals.  If one teacher can’t or won’t support that goal, then steps to lay off the teacher make sense.

If you are interested in details of national student core standards, part of the federal Common Core State Standards Initiative to make assessment and proficiency consistent and achievable across the country, you can go to the National Governor’s Association or the Council of Chief State School Officers.

Both groups have overseen the development of and recently set out a draft of national core standards K-12 from which the process outlined above would lead to results that teachers may feel adequate for successful evaluation.  Don’t forget the principal and school district administrators must be evaluated also.

You can go directly to look at the core standards and take a survey.  Do so.

Colorado’s Big Bet

Wednesday, May 19th, 2010

Colorado has placed a big bet on how to improve student testing outcomes through more frequent teacher evaluation.  Senate Bill 10-191 sets in motion a vast assessment system of annual performance appraisal for all teachers.

Probationary teachers must receive three consecutive satisfactory reviews to move to non-probationary, or tenured, status.  Tenured teachers will drop to probationary status with two consecutive years of unsatisfactory performance.

The legislature put no new money into the system to pay for expanded evaluation, yet alone additional compensation for superior performance.  After all, Colorado is so broke that the legislature reduced education spending by $260 million for 2010-2011.

So what’s a school district to do?  Why of course… apply to the U.S. Department of Education’s Teacher Incentive Fund (TIF) grant program!

So far, the U.S. Dep’t of Ed has funded 33 TIF plans.  According to Jonathan Eckhart, Wheaton College, only six are currently deemed successful in their impact on student learning.  The typical plan drops bonus dollars on teachers on top of the traditional steps and levels compensation system.

Jefferson County School District, the 37th largest district in the country and largest in Colorado, may attempt something else.  Jeffco is looking at tying its whole compensation system to student outcomes by eliminating steps and levels in their traditional format.

Essentially, the District is exploring the idea of paying teachers on a goal-based system.  SB10-191 declares that 50 percent of each teacher’s evaluation is based on student test outcomes.  Districts have some flexibility in choosing the assessments, but about 40 percent of teachers will receive 50 percent of their performance rating based on the state’s CSAP test.  In Jefferson County, the remaining 50 percent of assessment may be based on team and school goal-setting.

Teachers may also gain more pay by providing added value to the district through their contributions to student success, teacher mentoring, curriculum improvements, professional development, and serving on teacher appraisal teams.

The new system envisions a four tier set up.  The first tier includes new teachers.  The second tier includes teachers who work primarily in the classroom.  The third tier requires additional certifications and expanded teaching and professional development responsibilities.  The fourth tier will probably be a hybrid of teacher/administrator.

Teachers will receive additional pay within tiers as their work with students produces positive results.  As teachers move across tiers, taking on more responsibility for leadership and professional development, they may receive additional jumps.

But the District cannot afford this program without help.  The Teacher Incentive Fund grant program, if the district’s proposal is accepted, will provide the additional dollars for at least five years for up to 10 schools in a pilot program.

After the pilot program, there’s the great unknown. If the program succeeds, will the district be able to scale it up, as it also tries to keep current with other program innovations necessary for a 21st century education?  If the program succeeds, will the Jefferson County taxpayer and the state of Colorado reward the district for its success?

These are big questions as the district moves into untested territory to see if a non-steps and levels compensation system can kick start and sustain significant improvements in student academic outcomes.