another day another deadline

As latest teacher eval deadline nears, renewed pressure for deal

A screenshot from Educators 4 Excellence's new television ad, which encourages a quicker adoption of new teacher evaluations in New York City than Gov. Andrew Cuomo's budget proposal would allow.
Gov. Andrew Cuomo is getting an onscreen assist from advocates as he gears up to make yet another next move to get New York City to adopt new teacher evaluations. But his bid for more authority could face an uphill battle in the legislature.

After the city and teachers union failed to agree on an evaluation system by his Jan. 17 deadline, Cuomo announced that he would use this year’s budget cycle to seek the right to impose a system on the city. Under his plan, legislators would write the right into state law when they sign off on this year’s state budget.

Budget amendments are due this week, and Fredric Dicker of the New York Post reported over the weekend that Cuomo is planning to propose language that would allow him to impose a teacher evaluation system on New York City if one is not in place by Sept. 17.

That’s not fast enough for some advocates of new teacher evaluations. The teacher advocacy group Educators 4 Excellence, which has been lobbying for new teacher evaluations, is running a television ad this week arguing that Cuomo should impose an evaluation system well before September.

Jonathan Schliefer, the group’s New York City director, said Cuomo’s deadline “kicks the can so far down the road” that teachers would have to go another year without being rated using multiple measures. (If the city and union had agreed on an evaluation system last month, the system would have generated ratings for the current school year, at least in theory.)

“Why not just establish a system as soon as possible?” Schliefer said. “The one thing that’s going to kill a system is uncertainty.”

The group bought airtime on several New York City television stations but aims to influence legislators in Albany, who would have to sign off on Cuomo’s request for him to have the power to impose evaluations.

Convincing legislators could be a challenge: They know that giving Cuomo the right to intervene in New York City would set a precedent for governors to step into local education disputes across the state. Currently, Cuomo has less sway over the State Education Department than over other state agencies because the department is governed by an appointed Board of Regents, not the governor’s office.

“SED and Regents is really the only agency he doesn’t control. … It drives him crazy. It drives every governor crazy,” State Sen. John Flanagan, who chairs the State Senate’s education committee, said after speaking at an Educators 4 Excellence event last month.

“I don’t see that happening. … I don’t want to give him that authority,” Flanagan said about Cuomo’s proposal to impose an evaluation system in New York City.

Instead, Flanagan said, legislators are motivated to push city and union officials to break their longstanding stalemate on evaluations. “I think it’s going to get resolved,” he said. “It may be ugly, but I think it’s going to get resolved.”

Since the Educators 4 Excellence event where Flanagan spoke, three weeks have passed without the city or union acknowledging any progress from behind closed doors. The city Department of Education did submit a plan to the State Education Department for how it would implement new evaluations once a system is adopted, but the plan did not address all of the details that the state had requested.

Educators 4 Excellence TV ad on teacher evaluations from GothamSchools on Vimeo.

Votes are in

Memphis educators vote to begin negotiations on new contract with district

PHOTO: Laura Faith Kebede/Chalkbeat
A teacher training last year on Expeditionary Learning, a new curriculum for English language arts introduced in Shelby County Schools in 2017.

Shelby County Schools teachers have decided it’s time to go back to the bargaining table with district officials to hammer out a new agreement.

Sixty percent of the district’s 7,000 educators, or more than 4,300, voted to allow the two teacher groups that represent them to start negotiating with district officials about pay, insurance, and working conditions. That’s well above the 51 percent that was legally required to begin talks.

It will be the first time the groups have negotiated with the Memphis school district since 2015, and the first since the city’s teacher group split into two. Last year’s organizing efforts didn’t get enough votes to begin negotiations, known as “collaborative conferencing” in Tennessee.

The last agreement, or memorandum of understanding, expired in March. The memorandums are legally binding and can cover such things as salaries, grievance procedures, insurance, and working conditions. But under state law, the agreements can’t address evaluations or personnel decisions such as layoffs or tenure.

Tikeila Rucker, president of the United Education Association of Shelby County, said she hopes talks with the district start by February. She says that it could take up to a year to reach an agreement, although she’s hopeful that it will be sooner.

“We’re creating a survey now to share with the teachers throughout the district so we’ll know what things teachers want to see,” Rucker said. They’ll ask teachers for input on items that can be negotiated, including wages, insurance, grievance procedures, and working conditions.

From earlier teacher feedback, Rucker said educators are concerned about rising insurance costs, and classroom conditions such as class size. They also want raises based on years of service restored, as well as extra pay for advanced degrees, she said.

Dorsey Hopson, Shelby County Schools superintendent, has tried for several years to implement a merit pay system for teachers based on evaluations that include student test scores. That would mean only teachers with high evaluation scores would be eligible for raises. But because of numerous testing problems, Hopson hasn’t yet done that. Instead, for the last three years, all educators have received 3 percent raises.

Keith Williams, executive director of Memphis-Shelby County Education Association, said the salary increases that teachers have received in recent years amounted to bonuses and so-called cost-of-living increases that haven’t kept pace with the cost of living.

“We need to have continuity of pay and a way to predict our earnings,” he said in advocating for the return of step pay increases.

Additionally, he said teachers want to restore time for daily planning periods. And they want a “quality curriculum” that they’re trained to teach and is ready to go on the first day of school.

Teachers have complained that the English curriculum, Expeditionary Learning, doesn’t allow them to tailor content for their students. The new math curriculum, Eureka Math, had a bumpy rollout. Some materials arrived late, teacher training was behind schedule, and for some, the program didn’t start until 12 weeks into the school year.

Williams believes negotiations may start in January and is hopeful that a new three-year contract will be in place by April. Meanwhile, he plans regular updates with teachers to allow them to have input.

Union leaders are waiting for the official certified vote numbers that are expected to be released Tuesday. Williams said that almost 60 percent of the teachers supported his group. That means they’ll have more seats at the negotiating table.

But once negotiations begin, Rucker said, “the two associations will work as one team to advocate and collaborate on behalf of teachers.”

Transparency Tracker

‘No secret agreements’: Newarkers demand details of district-charter enrollment deal

PHOTO: Patrick Wall

This week, the Newark school board approved a lengthy legal agreement spelling out the details of the enrollment system that thousands of Newark families will use to apply to schools for the coming year.

Didn’t hear about it? You’re not alone.

The board OK’d the deal at a hastily arranged meeting Monday that few people in the community knew about or attended. State rules require that any changes to the district’s enrollment system “be publicly and transparently articulated before adoption.”

It’s unclear whether any changes were made — which would have triggered the transparency rules — because the board did not publicly discuss the details of the deal before voting, and the district has not made the agreement public.

Deborah Smith-Gregory, the president of the Newark NAACP, who attended Monday’s meeting, said she was disappointed that the board did not reveal any specifics about this year’s enrollment deal. Now that the district is back under local control after decades of state rule, she said, the elected board must commit to greater transparency.

“They have to do things differently,” she said. “They have to keep in mind that they’re a public entity — and they’re accountable to the community.”

The agreement describes in minute detail the inner workings of the five-year-old enrollment system, called Newark Enrolls, which allows families apply to most district and charter schools using a single application. The district and charter schools that opt into the system must sign the agreement each year.

The Newark Board of Education ratified the deal during a special meeting Monday — when schools and the district’s central office were closed. The meeting was scheduled to accommodate a charter school whose own board planned to vote on the agreement Tuesday. The timeline is tight because the citywide period for applying to schools begins Dec. 3.

The public agenda for Monday’s meeting, which mostly consisted of the board and Superintendent Roger León talking behind closed doors, did not mention the agreement. Just four community members were present for the public portion, when León and a couple board members made general comments about the controversial system, which critics contend funnels students into charter schools.

Then, without any public discussion of the agreement’s details — including a proposed change that León and charter leaders had debated in private — a majority of board members voted to approve it.

John Abeigon, president of the Newark Teachers Union and a fierce critic of charter schools, said both the district and its charter-school partners should disclose the terms of the deal.

“There should be absolute transparency,” he said.

The district’s current leadership is not the first to keep details of the enrollment system under wraps.

León, who began July 1, inherited it from his state-appointed predecessors, Cami Anderson and Christopher Cerf. One of only a handful of systems nationwide that combine district and charter admissions, proponents say it eases the enrollment process for families while helping to more evenly spread high-needs students across schools. Critics say it was designed to steer students and resources into the charter sector.

The system is dictated by the annual agreement between Newark Public Schools and participating charter schools. Apart from the news website NJ Spotlight, which published the agreement when it was first announced in 2013, it does not appear to have been released to the public since then — even as it has doubled in length, filling 20 pages last year.

In 2015, after Anderson touted the agreement at a state legislative hearing, saying it had created “greater equity and consistency” in admissions, several lawmakers asked to see it.

“No one seems to know about it,” said Assemblyman Ralph Caputo during the hearing.

After Anderson resigned, Cerf’s administration continued to renew the agreement each year. In an email, Cerf, who stepped down in February, said, “The document was always publicly available and was frequently discussed publicly.”

But community activists who have long scrutinized the enrollment system said they do not recall the district ever publicizing the agreement.

“I do not remember ever seeing this document, ever seeing it published anywhere, ever seeing it on the [district] website where we could find it, ever even discussing it in a thorough manner,” said Wilhelmina Holder, a longtime activist and critic of the enrollment system. She added that the new administration and school board should release the latest document to the public.

“No secret agreements,” she said. “You voted on it. If you’re discussing it, then why can’t we have a say in it?”

Absent the agreement, families have other ways to learn about Newark Enrolls. The district publishes a thick enrollment guidebook each year with information about every school, and hosts an annual admissions fair. It also maintains an enrollment website featuring a family-friendly video that illustrates how the system works.

But the agreement offers a uniquely detailed look under the system’s hood — and describes features that are not widely known, according to a copy of last year’s agreement that Chalkbeat obtained.

For instance, it alludes to a “third party” that programs the algorithm used to match students with schools based on the terms set forth in the agreement. The district plays “no active role” in the actual assignment of students to schools, the document says.

It also stipulates that the district must send charter schools as many students as they request. In return, charters must admit all students assigned to them — even if that pushes their enrollment above the limit set by the state, according to the 2017 document.

That practice of assigning schools more students than they currently have space for, called “overmatching,” is done to offset attrition that happens as some families inevitably leave the district before the next school year starts. It became a sticking point in recent closed-door negotiations between León’s administration and charter schools.

León wanted to end the practice, despite charter leaders who said it was critical for filling their seats. People in the charter sector said the final agreement still allows overmatching, though León told Chalkbeat that he believes the practice is unnecessary because charters can pull students from their waitlists to replace those who leave.

In an interview after Monday’s vote, León said no major changes were made to this year’s agreement.

Board chair Josephine Garcia, who made no public comments about enrollment during Monday’s meeting, declined to be interviewed immediately afterwards and did not respond to emails later in the week. However, she was overheard saying after the meeting that the district would eventually “rebrand” the enrollment system.

Chalkbeat contacted the district several times after the meeting to request a copy of the agreement. On Thursday evening, an official provided a public-records request form, which Chalkbeat submitted.

As of Friday, the district had not released the document.