Building Better Teachers

Advocates preparing lawsuit to target New York state teacher tenure laws

A national movement to prove that job protections for teachers prevent students from learning is getting ready to target New York state.

Six students and families, with the pro-bono help of a powerful New York City law firm and new advocacy group headed by former CNN journalist Campbell Brown, announced on Tuesday that they would file a lawsuit challenging state laws that critics say make it next to impossible to fire ineffective teachers. The process, they say, violate a student’s constitutional right to a sound and basic education.

The group said their lawsuit, first reported by the Wall Street Journal, will be filed in the coming weeks.

The plans come two weeks after a judge in California said data showing that poor and non-white students in California are more often taught by low-performing teachers convinced him that the laws violate the state’s constitution.

The Vergara suit hinged on the idea that poor students were more frequently taught by “low-performing” teachers, designated by value-added formulas that took student performance into account. But litigation in New York would have to contend with a different set of laws.

Here’s how the advocates describe their cause in their release:

Families are suing the State of New York, claiming that the institutionalized retention of ineffective teachers deprives each child of their right to a sound basic education as guaranteed under the New York State Constitution. There are three basic claims:

1.    Similar to the recent ground-breaking Vergara ruling in California, the lawsuit will specifically challenge the “Last In, First Out” mandate in New York, stating that the policy of forcing school districts to base layoffs on seniority – not a teacher’s performance in the classroom – violates the state constitution by denying students access to effective teachers.

2.    Also similar to Vergara, the lawsuit will claim that New York’s Tenure Statute forces administrators to either grant or deny permanent lifetime employment after three years – an arbitrary time period that does not provide administrators enough time to determine a teachers’ effectiveness. Also similar to Vergara, the suit claims that the complicated disciplinary statutes make it nearly impossible to fire or discipline ineffective teachers – creating a burdensome, costly, and lengthy process that rarely removes ineffective teachers.

3.    Also similar to Vergara, the suit claims that the complicated disciplinary statutes make it nearly impossible to fire or discipline ineffective teachers – creating a burdensome, costly, and lengthy process that rarely removes ineffective teachers.

That reasoning has come under fire from teachers unions and others, including Mayor Bill de Blasio, who also note that tenure protects teachers from capricious administrators and say tenure helps make teaching an attractive profession.

In New York City, the percentage of eligible teachers who received tenure has declined in recent years, as the Bloomberg administration delayed many teachers’ tenure decisions in an effort to make the protection less automatic.

“The tenure system, done right, is a valuable piece of the way we educate because what it’s going to allow us to do is get quality teachers, get them to stay in our school system,” de Blasio said earlier this month.

There is also no guarantee that the Vergara ruling will stand, as the state of California and its teachers unions are gearing up to appeal.

Getting there

With new contract, first-year teachers in Detroit could soon make more than peers in Grosse Pointe and other suburbs

PHOTO: Detroit Public Schools Community District
First-year teachers in Detroit could soon earn more than their peers in neighboring districts. The gray bar in this chart shows where starting salaries were in Detroit last year. The green one shows how the contract could change that.

For years, Detroit’s main school district has paid some of the lowest starting teacher salaries in the region but Superintendent Nikolai Vitti says that’s about to change.

The teachers contract approved by the Detroit school board Tuesday night doesn’t include enough of a pay increase to bring city teachers back to where they were in 2011 when a state-appointed emergency manager ordered a 10 percent pay cut.

But data compiled by the Detroit district show that the new agreement, which will boost teacher wages by more than 7 percent, would pay enough that starting teachers could soon earn more than their peers in Dearborn, Grosse Pointe and other nearby districts.

“It doesn’t begin to address the injustice [of pay cuts and frozen wages] but this is a first step,” Vitti told the board as it met at Osborn High School Tuesday.

The new contract was approved last month by members of the Detroit Federation of Teachers union. Now that the school board has signed off, the contract will go to a state financial review board for final approval.

Vitti, who hopes the higher salaries will make it easier for the district to fill more than 400 vacant teaching positions, showed the board a series of charts and graphs that illustrated some effects of the new contract.

Among the charts he flashed on a screen was one that compared starting teacher salaries in Detroit to other districts, before and after the new contract. Another slide showed how salaries would change for teachers at every level of the pay scale. A third warned that the city’s main district could be careening toward a “cliff” if it doesn’t recruit enough young teachers to replace the district’s predominantly senior educators as they begin to retire.

See the charts — and additional details about the contract — below. The last page spells out other steps Vitti says he plans to take to address the teacher shortage.

 

The nominees are

One of these seven teachers will be Colorado’s 2018 Teacher of the Year

Call it the Academy Awards for Colorado teachers. And the nominations are in.

The state education department Tuesday announced seven finalists for the 2018 Colorado Teacher of the Year competition.

The seven emerged from 47 teachers who applied, the department said in a statement.

“Colorado values the dedicated teachers from around the state who inspire and motivate our children every day,” Katy Anthes, Colorado’s education commissioner said in a statement. “The Colorado Teacher of the Year award is just one of many ways we can honor our state’s educators. We look forward to hearing from the seven finalists in the search for the individual who will represent our state’s teaching profession.”

Here are the finalists:

  • Kathleen Anderson, STRIVE Prep-Kepner, Denver Public Schools
  • David Lunn, Liberty Common High School, Poudre School District
  • Renee Motter Air Academy High School, Academy School District 20
  • Wendy Murphy, Woodmen Hills Elementary School, Falcon School District 49
  • Christina Randle, Soaring Eagles Elementary School, Harrison School District 2
  • Amy Rehberg, Horizon High School, Adams 12 Five Star Schools
  • Wendi Sussman, STRIVE Prep-Federal, Denver Public Schools

The teacher of the year will be announced by Nov. 1. The winner is chosen by a committee of individuals from within the education community. The process includes a written application, letters of recommendation, site visits, endorsements from the teacher’s district and personal interviews.

The Colorado Teacher of the Year will represent the state in National Teacher of the Year competition. The National Teacher of the Year Program is a project of the Council of Chief State School Officers in partnership with Voya Financial and People to People Ambassador Programs.