labor relations

In two separate rulings, state's labor board sides with the UFT

For the second time, the state’s labor relations board has ruled that the city must accept mediation in its teacher evaluation talks with the United Federation of Teachers.

The board, the Public Employees Relations Board, first decided in March to heed the UFT’s request and appoint a mediator to broker negotiations about teacher evaluations in the 33 schools that until December had been receiving federal School Improvement Grants. But the city appealed the decision, arguing that it was no longer planning to negotiate a separate evaluation system for just those schools.

Now the board has affirmed its stance and once again ordered the city into mediated talks with the union.

When the board first granted the request, its director of conciliation said that because the city had not yet formally applied to switch the schools to a reform model that does not require new teacher evaluations, it was still obligated to seek a deal for the 33 schools. Today, the board ruled that the city’s bid to switch the overhaul model — to “turnaround,” in a swap that the state has not approved — “does not nullify its obligations.”

City lawyers are regrouping after the setback. “We strongly disagree with the board’s ruling and are reviewing our legal options,” said Department of Education spokeswoman Jessica Scaperotti in a statement.

The ruling is separate from the lawsuit that the UFT filed last week to stop the city from carrying out turnaround at 24 schools. But UFT President Michael Mulgrew said in a statement that PERB had supported a point that is fundamental to the union’s case.

“As we plan to tell the court at this week’s hearing, today’s PERB decision is an affirmation that the Department of Education needs to work with the teachers to find a way to improve these schools,” he said.

The Department of Education must respond in writing to the union’s lawsuit by the end of the work day on Tuesday, and the two sides are due in Manhattan Supreme Court for oral arguments on Wednesday.

In a second decision today, PERB certified the UFT as the bargaining agent for teachers at Sisulu-Walker Charter School in Harlem. The unionization bid there had been stymied by a recalcitrant board, even as the son of an anti-apartheid leader the school was named after pressed for recognition. The union represents teachers at 14 charter schools.

Betsy DeVos

‘Underperformer,’ ‘bully,’ and a ‘mermaid with legs’: NYMag story slams Betsy DeVos

PHOTO: New York Magazine
A drawing of DeVos commissioned by an 8-year-old starts the New York Magazine article.

A new article detailing Betsy DeVos’s first six months as U.S. education secretary concludes that she’s “a mermaid with legs: clumsy, conspicuous, and unable to move forward.”

That’s just one of several brutal critiques of DeVos’s leadership and effectiveness in the New York Magazine story, by Lisa Miller, who has previously covered efforts to overhaul high schools, New York City’s pre-kindergarten push, and the apocalypse. Here are some highlights:

  • Bipartisan befuddlement: The story summarizes the left’s well known opposition to DeVos’s school choice agenda. But her political allies also say she’s making unnecessary mistakes: “Most mystifying to those invested in her success is why DeVos hasn’t found herself some better help.”
  • A friend’s defense: DeVos is “muzzled” by the Trump administration, said her friend and frequent defender Kevin Chavous, a school choice activist.
  • The department reacts: “More often than not press statements are being written by career staff,” a spokesperson told Miller, rejecting claims that politics are trumping policy concerns.
  • D.C. colleagues speak: “When you talk to her, it’s a blank stare,” said Charles Doolittle, who quit the Department of Education in June. A current education department employee says: “It’s not clear that the secretary is making decisions or really capable of understanding the elements of a good decision.”
  • Kids critique: The magazine commissioned six portraits of DeVos drawn by grade-schoolers.
  • Special Olympics flip-flop: DeVos started out saying she was proud to partner with the athletics competition for people with disabilities — and quickly turned to defending a budget that cuts the program’s funding.
  • In conclusion: DeVos is an underperformer,” a “bully” and “ineffective,” Miller found based on her reporting.

We’ve reached out for reaction from DeVos’s team and will update when we hear back.

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.