Follow Up

These 16 school districts haven’t updated their teacher contracts to comply with evaluation law, report finds

Some of Colorado’s largest school districts have not updated contract language governing layoffs to factor in teacher performance as required by state law, according to a new report.

Such layoffs are exceedingly rare — and representatives from two districts named in the Independence Institute report said they would follow the law if the situation arose.

The report, released Monday by the Denver-based libertarian think tank, found 16 school districts including Denver and St. Vrain have provisions in their teacher contracts that violate the state’s educator effectiveness laws.  

Passed with bipartisan support in 2010, Colorado’s educator effectiveness law changed the way schools were supposed to evaluate teachers, and lay them off if necessary.

That provision of the law went into effect in 2012 and requires schools to include a teacher’s performance as a factor in deciding whom to lay off if teaching positions must be cut.

The report says that 16 school districts — slightly less than half of all the Colorado school districts that negotiate with teachers unions — are not considering performance when they need to reduce the overall number of teachers.

A true “reduction in force,” when a district must make layoffs, is a rare event, said Ross Izard, the author of the report.

Michelle Berge, deputy general counsel for Denver Public Schools, said the district’s policy has long expired and is not enforceable.

“DPS had the option to renegotiate new provisions regarding (layoffs) in order to align with SB191 requirements,” Berge wrote in an email. “We elected not to do so because we have been projecting student enrollment growth for so many years that we knew we would not have the conditions for a reduction in force.”

Officials from DPS were unable to identify the last time the district had to use across-the-board layoffs. The district has cut teaching jobs at individual schools.

The St. Vrain School District last laid off teachers about nine years ago, said Ella Padilla, assistant superintendent of human resources.

Like Denver, the district has not prioritized updating that section of its teachers contract due to resources, she said. She added, “state law trumps the district’s agreement.”

Padilla said she believes the district is in compliance with all other provisions of the state’s effectiveness law.

Izard said just because a school district hasn’t hasn’t had to lay off teachers in recent memory doesn’t mean it can’t happen.

“The economy is volatile,” he said, noting a sluggish economic forecast for the state.

One school district named in the report said it has updated its policies. In 2014, The Cherry Creek School District wrote a new “displacement” policy that outlines how teacher positions are eliminated.

It “does address using evaluations to determine how teachers would be dismissed in the event the board of education took formal action to eliminate positions,” said Tustin Amole, the district’s spokeswoman. “And it would require board action to eliminate positions to start the layoff process which is outlined in the policy.”

Here are the 16 districts the report says has out for out of date policies:

  • Boulder Valley School District
  • Brighton 27J
  • Centennial R-1
  • Center 26 JT
  • Cherry Creek School District
  • Denver Public Schools
  • Gunnison Watershed RE-1J
  • Lake County R-1
  • Mapleton Public Schools
  • Pueblo County 70
  • Salida R-32J
  • St. Vrain Valley School District
  • Summit RE-1
  • Telluride R-1
  • Trinidad 1
  • Westminster Public Schools

Update: This post has been updated to reflect new information from the Cherry Creek School District. An earlier version said the district has not updated its policy, but it has. This post has also been updated to better reflect when a reduction in force can occur. 

teachers with borders

Schools near state lines perform worse — and rules discouraging teachers from moving may be to blame

PHOTO: Alan Petersime

Want a leg up in school? Don’t attend one near a state border.

That’s the surprising finding of a new study published in the Economics of Education Review. The likely culprit: certification and pension rules that discourage teachers from moving between states, limiting the labor pool on each side of the border.

The peer-reviewed paper focuses on test scores at public middle schools near a state boundary. Eighth-graders attending those schools, the researchers find, perform consistently worse in math than students at non-boundary schools. (The results are negative in reading, too, but smaller and not always statistically significant.)

One reason the findings ought to catch the attention of policymakers across the country: the data comes from 33 states, including big ones like Florida, New York, and Texas.

“We estimate that roughly 670,000 students are enrolled in middle schools nationally that are [considered] ‘intensely affected’ by a state boundary in our study,” the researchers write.

Of course, schools and students are not randomly assigned to be near state boundaries, so the study can’t definitively conclude that boundaries are the cause of lower performance. But the researchers — Dongwoo Kim, Cory Koedel, Shawn Ni, and Michael Podgursky, all of the University of Missouri — control for a number of student characteristics that might affect performance.

And while the study can’t pinpoint why a boundary seems to hurt test scores, the researchers have a theory: “state-specific pension and licensing policies” that discourage teachers from moving between states, likely forcing border schools to draw from a more limited pool of potential teachers.

In some places, those pension rules mean a substantial loss of retirement wealth if teachers move states mid-career. Complicated licensure rules that in some cases require experienced teachers to take certification exams or obtain additional degrees can also make that kind of switch practically difficult. Other research has found that teachers rarely move across state lines, even if they live near a boundary.

Why might that harm performance of schools near state lines?

Say a school in New York City has two science teachers and no math teachers, while a school right across the river in New Jersey has two math teachers and no science teachers. If each school needs exactly one teacher per subject, the solution is easy in theory: the New York City school gets a math teacher and loses a science one, and vice versa for the New Jersey school. But if certification or pension rules prevent that from happening, both schools lose out — and student achievement might suffer.

States aren’t typically eager to change those policies, though, for several reasons.

For one, states that require prospective teachers to clear a high bar to become certified may worry that making it too easy for an out-of-state teacher to receive a license could reduce teacher quality. A study from North Carolina provides some evidence for this argument, showing that teachers trained elsewhere were less effective than teachers trained in-state, though the difference was very small.

Another argument is that limiting teachers’ ability to bring pension money along with them when they move helps states hold on to their educators — even if they are in turn harmed when they can’t recruit teachers from elsewhere.

The latest study suggests that the net impact of those restrictions are negative. Still, the effects on students are quite small, implying that changes to pension and certification policies are unlikely to lead to large improvements in student performance.

But, the study points out, policies that eliminate the harm from attending school near a state line could help hundreds of thousands of students.

“Although the boundary effects are small on a per-student basis, they are spread across a very large population,” the researchers write.

race in the classroom

‘Do you see me?’ Success Academy theater teacher gives fourth-graders a voice on police violence

Success Academy student Gregory Hannah, one of the performers

In the days and weeks after last July’s police shootings of Alton Sterling and Philando Castile, teachers across New York grappled with how to talk about race and police violence. But for Sentell Harper, a theater teacher at Success Academy Bronx 2, those conversations had started long before.

CNN recently interviewed Harper about a spoken-word piece he created for his fourth-grade students to perform about what it means to be black and male in America. Harper, who just finished his fourth year teaching at Success, said that after the police killing of Michael Brown in Ferguson, Missouri and the Black Lives Matter protests that followed, he wanted to check in with his students.

“I got my group of boys together, and I said, ‘Today, we’re going to talk about race,'” Harper told CNN. “And they had so much to say. They started telling me stories about their fathers and their brothers, and about dealing with racism — things that I never knew that these young boys went through.”

Inspired by their stories, he created a performance called “Alternative Names for Black Boys,” drawing on poems by Danez Smith, Tupac Shakur and Langston Hughes.

Wearing gray hoodies in honor of Trayvon Martin, who was killed while wearing one, the boys take turns naming black men and boys who have been killed: Freddie, Michael, Philando, Tamir. The list goes on.

Despite the sensitive nature of the subject matter, Harper says honesty is essential for him as a teacher. “Our kids are aware of race and want to talk about it,” he wrote in a post on Success Academy’s website. “As a black male myself, I knew I wanted to foster conversation between my students and within the school community.”

Click below to watch the performance.