-By Larry Sand
Parents sue the LA school board and teachers union, forcing them to obey a law that they have ignored for 40 years.
There is nothing new about unions bullying weak-kneed school districts, but this may be the mother of all abuses– for forty years, school districts and unions have collaborated to break the law in California. According to the Stull Act (Section 44660 of the state’s education code), part of a teacher’s evaluation is required to include a student achievement component, but this has not happened anywhere in the state. Last week, after consulting with EdVoice, a reform advocacy group in Sacramento, parents of some students in Los Angeles Unified School District sued the school district and teachers union for what amounts to a dereliction of duty. While the lawsuit is aimed at LA, it will have state-wide ramifications.
Originally enacted in 1971, the Stull Act, named after State Senator John Stull, was amended in 1999 to include,
“The governing board of each school district shall evaluate and assess certificated employee performance as it reasonably relates to:
The progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments….”
In other words, a part of a teacher’s evaluation is supposed to be contingent on how well his students do on state mandated tests. This is hardly a radical notion, as half the states in the rest of the country now evaluate teachers in part by student performance on these tests.
But in California, what are laughingly referred to as “teacher evaluations” are anything but. A “Stull” is typically a very rare and brief visit from a principal who helps plan the lesson they will observe and lets the teacher know exactly when the observation will be. And all the while, the teacher is prepping his kids to be at their absolute best when the principal steps into the classroom for the evaluation. Invariably everything goes swimmingly. So consistently good are the results of these Potemkin Village-style “evaluations” that over 99 percent of teachers get a satisfactory rating.
Teachers unions think that linking student performance to a teacher’s evaluation is a grave injustice and have always fiercely opposed it. (In reality, holding a teacher accountable for student learning is about as unjust as holding a chef responsible for the food he cooks.) This may be an understandable position for teachers unions which have never demonstrated any real concern for students, but what about the folks who sit at the other end of the bargaining table? What is the excuse for the school boards? Are they all that easily cowed by union bullies? Or are they part of a club that has forgotten their mission? Are they corrupt? Can they be ignorant of the law? Some or all of the above?
In any event, with judicial lights shining brightly, the jig is up…sort of. What the education code does not stipulate is how much weight to give the student performance component. Therein lies the rub. Without doubt, the teachers unions will negotiate to minimize it to near zero, with little or no consequence for the bottom performing teachers. (To the unions, there is no such thing as a bad teacher, and they’ve rigged the system so that getting rid of a stinker is about as prevalent as the occurrence of Halley’s Comet.)
If the intent of this lawsuit is seriously embraced, it could have a major impact in California, where a third of all students drop out before completing high school and a great majority of those who do graduate and go on to college need remediation. Will school boards finally man up and take action to reverse a forty year shame? Or will they cower and cave, yet again, to union demands and turn their backs on the children of California.
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Larry Sand began his teaching career in New York in 1971. Since 1984, he has taught elementary school as well as English, math, history and ESL in the Los Angeles Unified School District, where he also served as a Title 1 Coordinator. Retired in 2009, he 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 – information teachers will often not get from their school districts or unions.
“CTEN” was formed in 2006 because a wide range of information from the more global concerns of education policy, education leadership, and education reform, to information having a more personal application, such as professional liability insurance, options of relationships to teachers’ unions, and the effect of unionism on teacher pay, comes to teachers from entities that have a specific agenda. Sand’s comments and op-eds have appeared in City Journal, Associated Press, Newsweek, Townhall Magazine, Los Angeles Times, San Diego Union Tribune, Los Angeles Daily News, San Jose Mercury News, Orange County Register and other publications. This past May, after his weekly blog proved to be very popular, he began writing a monthly article for City Journal, the Manhattan Institute’s policy publication. He has appeared on numerous broadcast news programs and talk radio shows in Southern California and nationally.
Sand has participated in panel discussions and events focusing on education reform efforts and the impact of teachers’ unions on public education. In March 2010, Sand participated in a debate hosted by the non-profit Intelligence Squared, an organization that regularly hosts Oxford-style debates, which was nationally broadcast on Bloomberg TV and NPR, as well as covered by Newsweek. Sand and his teammates – Terry Moe of the Hoover Institution and former U.S. Secretary of Education Rod Paige, opposed the proposition – Don’t Blame Teachers Unions For Our Failing Schools. The pro-union team included Randi Weingarten, president of the American Federation of Teachers. In August 2010, he was on a panel at the Where’s the Outrage? Conference in San Francisco, where he spoke about how charter school operators can best deal with teachers’ unions. This past January he was on panels in Los Angeles, San Diego and San Mateo in support of National School Choice week. Additionally, CTEN has hosted two informational events this year – one addressing the secret agenda that is prevalent in many schools these days and the other concerning itself with California’s new Parent Trigger law. The latter event was covered by both the English and Spanish language press.
Sand has also worked with other organizations to present accurate information about the relationship between teachers and their unions, most recently assisting in the production of a video for the Center for Union Facts in which a group of teachers speak truthfully about the teachers’ unions. At this time, he is conferring with and being an advisor to education policy experts who are crafting major education reform legislation.
CTEN maintains an active and strong new media presence, reaching out to teachers and those interested in education reform across the USA, and around the world, with its popular Facebook page, whose members include teachers, writers, think tankers, and political activists. Since 2006, CTEN has experienced dramatic growth.