unpaid leave debate

Colorado Supreme Court weighs challenge to law governing job protections for teachers

PHOTO: Denver Post file
The Colorado Supreme Court.

Are good veteran teachers still guaranteed jobs in Colorado, provided they don’t mess up?

The Colorado Supreme Court heard arguments Wednesday on that issue and others related to a landmark 2010 state law that changed the rules for teacher evaluations and assignments.

Lawyers for Denver Public Schools squared off against lawyers representing individual teachers in two separate lawsuits. One case was brought on behalf of seven current and former DPS teachers. It challenges a provision of the 2010 law that allows school districts to, under certain circumstances, put effective teachers who’ve earned job protections on unpaid leave.

The other case was filed by a single teacher, Lisa Johnson, who was put on unpaid leave.

In both cases, lawyers for DPS argued that putting experienced, effective teachers on unpaid leave is not the same as firing them — and thus doing so doesn’t violate their due process rights.

But lawyers for the teachers said unpaid leave is essentially “an end run” around those rights.

To understand both lawsuits, it helps to have some background on the 2010 law, known as Senate Bill 191. It did several things, including change the way teachers earn “non-probationary status,” which affords them job protections. To earn that status, teachers must now have three years of effective ratings instead of just three years of employment.

Earning that status is desirable because non-probationary teachers can only be fired for a limited number of reasons, including insubordination and unsatisfactory performance. In addition, non-probationary teachers are entitled to a hearing before being fired.

The 2010 law also effectively eliminated a practice known as “forced placement.” Before the law, teachers who lost their jobs not for cause but due to circumstances such as a decrease in student enrollment were assigned to open positions at other schools.

DPS officials didn’t like forced placement because most teachers were placed at low-income schools, which they said led to the neediest kids being taught by teachers who didn’t choose to be there. So after Senate Bill 191 passed, DPS changed its policy. The district now gives teachers who lose their positions temporary assignments with the expectation that they will look for “mutual consent” positions, meaning a school’s principal agrees to hire them.

If a teacher doesn’t find a mutual consent position within 18 months, he or she is placed on unpaid leave as per Senate Bill 191. The teacher is welcome to continue looking for jobs in DPS and is entitled to his or her previous salary and benefits if hired.

Since Senate Bill 191 went into effect, at least 1,113 non-probationary DPS teachers have lost their positions due to a decrease in student enrollment, the closure of a school or other similar circumstances listed in the law, according to data the district provided at Chalkbeat’s request.

The majority of them have found mutual consent positions. Sixty-two teachers are currently on unpaid leave because they were unable to do so, according to DPS.

However, that number doesn’t include teachers who resigned or retired rather than be put on unpaid leave. That information is difficult to gather, a district spokesman said, but DPS did tally some numbers in response to an open records request the Denver teachers union submitted in February. As best the district could tell as of earlier this year, 39 non-probationary teachers who lost their positions between 2010 and 2014 resigned and seven retired.

On Wednesday, a lawyer for the teachers who brought the lawsuit argued that state law has historically afforded teachers a “basic bargain:” if they work for three years and are asked to come back for a fourth, they’re entitled to job protections. Lawmakers were wrong to alter that under Senate Bill 191, attorney Philip Hostak told the seven justices.

But DPS’s lawyer pointed out that the historical idea of tenure no longer exists — and hasn’t since lawmakers stripped the word from state law in 1990. “There is no indication in the legislation itself … that these folks are permanent teachers,” said attorney Eric Hall.

Pushing back on Hostak’s argument, Hall said lawmakers can amend laws however they see fit — and in the case of Senate Bill 191, they added the mutual consent provision and unpaid leave.

A lawyer for Johnson also challenged that provision and argued that Johnson shouldn’t be subject to it because she lost her position for a reason not listed in Senate Bill 191.

“The legislature tells us exactly which teachers can be displaced,” said attorney Eric Harrington.

However, the lawyer representing DPS in the Johnson case, Jonathan Fero, argued that the reasons listed in the law aren’t exhaustive and mutual consent applies to all teachers.

The lawyers did not debate the reason Johnson lost her position except to say they disagreed on the facts but that those facts aren’t an issue for the Supreme Court to decide.

The justices typically take months to issue an opinion.

lingering debate

Drop TNReady scores from teacher evaluations, urge Shelby County leaders

PHOTO: The Commercial Appeal
From left: Commissioners Reginald Milton, Van Turner and David Reaves listen during a meeting in Memphis of the Shelby County Board of Commissioners. The governing board this week urged state lawmakers to strip TNReady scores from teacher evaluations.

Just as students have begun taking Tennessee’s new standardized test, Shelby County officials are calling on state leaders to back off of using those scores to evaluate teachers.

The Shelby County Board of Commissioners, the local funding body for Memphis schools, voted unanimously on Monday to urge  the state to use TNReady results as only a “diagnostic” tool. Currently, the board says, state scores are being used as a punitive evaluation of both teachers and students.

The board’s call gets to the heart of a debate that has lingered since a 2010 state law tied standardized test results to teacher evaluations. That was several years before TNReady was introduced last year as a new measuring stick for determining how Tennessee students — and their teachers — are doing.

TNReady testing, which began this week and continues through May 5, has intensified that debate. The new test is aligned to more rigorous academic standards that Tennessee is counting on to improve the state’s national ranking.

But Shelby County’s board is questioning whether reforms initiated under Tennessee’s 2010 First to the Top plan are working.

“While giving off the appearance of a better education, this type of teaching to the test behavior actually limits the amount of quality content in deference to test taking strategies,” the board’s resolution reads.

The board also cites “unintended consequences” to the teaching profession as nearly half of Tennessee’s 65,000 teachers are expected to leave or retire in the next decade.

“Record numbers of quality teachers are leaving the teaching profession and school districts are struggling to recruit and retain quality teachers due to the TN standards imposed in regards to standardized testing,” the resolution reads.

It’s true that school districts statewide struggle to recruit and retain effective teachers in some subject areas. But there’s little evidence to support that incorporating test scores in evaluations is the primary reason teachers are leaving the profession.

It’s also unlikely that Tennessee will back off of its teacher evaluation model, even as some states have recently abandoned the practice. The model is baked into reforms that the state initiated through two gubernatorial administrations to improve both teacher and student performance.


Want education equity? Make sure your teachers feel valued, say lawmakers


PHOTO: Yalonda M. James/The Commercial Appeal
Commissioner David Reaves

Shelby County’s resolution was introduced by Commissioner David Reaves, a former Memphis school board member who says he hears a “continual outcry” from teachers and parents over high-stakes testing.

“Allow the local (school district) to assess and classify teachers and use the test results as a tool, not as a stick,” Reaves told Chalkbeat.

In Tennessee, test scores in some form count for 35 to 50 percent of teachers’ evaluation scores. TNReady scores currently count 10 percent but, as the state settles into its new test, that will gradually increase to 25 percent by 2018-19.

Classroom observations and evaluations did play a factor in retention rates for effective teachers in a 2014 study by the Tennessee Department of Education before the transition to TNReady. Where teachers reported consistent and objective classroom observations, effective teachers were more likely to stay.

State and local teacher surveys also differ on the quality of Tennessee’s teacher evaluation system known as TEAM, which mostly relies on classroom observations.

In Shelby County Schools, exit surveys show issues like levels and stability of teacher pay — not test scores in their evaluations — are cited most often by teachers leaving the district.

Superintendent Dorsey Hopson told the school board last month that most Shelby County teachers find the state’s evaluation system unfair, but the same majority think their own score is fair.

Another survey by the Tennessee Department of Education suggests that satisfaction with the state’s evaluation system is on the rise as teacher feedback continues to be incorporated.

The Shelby County board, which oversees funding for Tennessee’s largest district, is sending its resolution to Gov. Bill Haslam, Education Commissioner Candice McQueen, and the Tennessee General Assembly. Below is the full text:

Building Better Teachers

How this teacher lost it in homeroom and still managed to win her student’s trust

PHOTO: Dylan Peers McCoy
KIPP Indianapolis teacher Katie Johnson, left, with her former student Ronasiea Holland, a freshman at IUPUI.

Educators from around Indianapolis gathered to tell heartbreaking and inspiring stories from the classroom earlier this month at an event hosted by Ash & Elm Cider Co. and Teachers Lounge Indy, a new group that organizes social events for educators.

In the coming weeks, Chalkbeat will share a few of our favorites, condensed and lightly edited for clarity. We start with a story shared by Katie Johnson, a teacher at KIPP Indianapolis.

It was my second year of teaching. I have a student who one day I was very impatient (with). I was asking my class, “Be quiet.” I got an eye roll. “Please stop talking.” I got a lip smack. And that’s when lip gloss was popular — when everybody was real bright and glossy.

That day, I just wasn’t feeling it. I wasn’t feeling like being patient. I said, “Get out of my room!”

And Miss Holland, if you know her, had to do a lip pop. She had to do an eye roll. She had to talk to her friend. That was Miss Holland.

It was the end of the day, afternoon homeroom. And I’m sitting in the middle of the classroom. I have the afternoon announcements in my hand, and I had to make sure all our students got those documents. So when Miss Holland was walking out, I said, “Come back here and get these papers!”

I was not very mature at this time. At this point, I’m like 23 years old.

She comes back in, and she takes these papers, and when she does, she snatches them, and all the papers fly.

Our students wear these really nice uniforms, bright blue shirts, nice ironed collars. Before I realized it, my hands were around the collar of this nice, beautiful polo.

And I was like, “No! Katie, don’t lose your job, Katie Johnson. Don’t lose your job.” I said this out loud in a room of eighth-graders.

She proceeds to walk out. I proceed to like, get my life together. I know I have made a mistake.

It was the end of the day, she was a walker, and her mom usually came to pick her up. I knew, either I was going to lose my job that day, or I had to talk to her parent.

I walk downstairs, and I saw her mom. I walk up to her mom, and I say, “I jacked your baby up.” At this point, we had a relationship, but not enough for me to ever put my hands on anybody’s baby, ever. Her mom said, “Ms. Johnson, you should have beat her ass.” And I knew I had my job after that!

Her mother knew that I cared for her. And the reason why I was really tough on her was because she was extremely intelligent — very smart. And when she had good days, they were amazing. She could lead a class. She could quiet the class. She was great. When she wasn’t having a good day, she could also be a culture-killer and tear my class apart.

I had to get her on my side. And that relationship began to build. Outside of school, I’d take her places. We’d have one-on-one conversations in the cafeteria. Miss Holland was an amazing young lady.

As an eighth-grade (teacher), I got a chance to work with our kids during promotion, and I looked at her and I said, “You know what Miss Holland, not if — but when — you graduate high school and go to college, no matter where you go, I am taking you dorm room shopping. And on my teacher budget, that’s a lot of money.”

For four years, I’ve been engaged with this woman. She’s met my family. And this August, I got a chance to keep my word because she kept hers. She graduated from high school, such a mature and beautiful young lady.

And she called me saying, “Miss Johnson, I’m ready. When are we going shopping? What’s my budget?”

But it was my honor to take her. This is the reward that I get to have for all these years of being an immature teacher. She took it, and she learned, and she grew.

She is now a freshman at Indianapolis University-Purdue University Indianapolis.

She tells me that she wants to be a teacher, and I tell her, “Lord, I cannot wait until you get a Ronasiea Holland in your class.”

Watch the full story:

For more stories about Indianapolis educators, see our “What’s Your Education Story?” occasional series.