suit up

New York education officials move to block rules allowing some charter schools to certify their own teachers

PHOTO: Monica Disare
State Education Commissioner MaryEllen Elia, right, and Board of Regents Chancellor Betty Rosa, left.

The New York state education department has filed a lawsuit to block a controversial new rule allowing certain charter schools to certify their own teachers, claiming that the regulations will “erode the quality of teaching” across the state.

The lawsuit, which was filed Thursday, seeks to overturn regulations approved by the State University of New York in October allowing charter schools it oversees to design their own teacher-certification programs. The department’s lawsuit claims that SUNY’s Charter Schools Committee overstepped its authority in passing the regulations — echoing a lawsuit filed by the city and state teachers unions last year.

In the department’s lawsuit, the state’s top education officials argue that the rules will allow “inexperienced and unqualified individuals” to teach in some of the 185 charter schools overseen by SUNY, which would “negatively impact” student learning.

“The consequences of the regulations will be profound and far-reaching as they will impede equity in access by all such students to quality teachers,” says the lawsuit, which was filed on behalf of the state Board of Regents, Regents Chancellor Betty Rosa, the state education department, and state education Commissioner MaryEllen Elia.

The regulations are meant to give charter schools more leeway in hiring teachers, who SUNY and some charter-school networks say are in short supply partly because of the state’s strict certification rules. Some charter networks also argue that their their hands-on training programs are more useful to new teachers than the type of training required under state law.

The regulations allow SUNY-authorized charter schools to certify teachers who complete the equivalent of a month of classroom instruction and practice teaching for 40 hours — compared to at least 100 hours under the state’s certification route, according to the lawsuit. And unlike teachers on a traditional certification route, they are not required to earn a master’s degree or take all of the state’s certification exams.

SUNY’s Charter Schools Committee says it was given the authority to create the regulations by a 2016 state law allowing the committee to regulate the “governance, structure and operations of charter schools.” However, opponents of the regulations — including state policymakers and state teachers unions, which praised the department’s lawsuit — say they go beyond the authority granted by the law.

When the unions filed their lawsuit in October, the chairman of the SUNY Charter Schools Committee disputed that argument.

“I think it’s very clear that the legislature gave the SUNY Charter Schools Committee the authority to make these sorts of changes,” said the chairman, Joseph Belluck, at the time.

The plaintiffs named in the lawsuit include SUNY and its Chancellor Kristina Johnson; SUNY’s Board of Trustees and its chairman, Carl McCall; the board’s Charter Schools Committee and Belluck. A SUNY spokesperson said Friday that the university system stands behind the regulations.

“SUNY believes it is within its legal right to implement these regulations,” spokeswoman Holly Liapis said in a statement. “We are aware of the filing and are currently reviewing it.”

Elia and Rosa have previously attacked the regulations as a way to allow unqualified educators into the classroom. Rosa called them “insulting” and Elia said, “I could go into a fast food restaurant and get more training than that.”

On Friday, the state education department sent a more measured statement.

“Yesterday, the State Education Department filed papers to declare unlawful and annul regulations adopted by the SUNY Charter Schools Committee regarding the employment of uncertified teachers in SUNY-authorized charter schools,” read a statement from Emily DeSantis, a department spokeswoman.

Late Friday, the city’s teachers union sent a statement saying the NAACP sought to join the union’s lawsuit opposing the teacher certification regulations.

resentment and hurt

‘We are all educators:’ How the teachers strike opened at a rift at one Denver middle school network that will take time to close

PHOTO: Melanie Asmar/Chalkbeat
Students at Kepner Beacon Middle School work on an assignment.

For the first time since this week’s Denver teacher strike exposed divisions in their ranks, the 100 adults who make the Beacon middle school network run gathered in the same room.

Teachers, some still wearing red for the union cause, came with breakfast burritos to share. Upbeat soul music pumped through the speakers, an attempt to set a positive tone.  

Speaking to the group assembled Friday for a long-scheduled planning day in the cafeteria of Grant Beacon Middle School, Executive Principal Alex Magaña opened by acknowledging the awkwardness that had taken a toll on a school community that prides itself on a strong culture.

Some teachers who had gone on strike — exhausted by the experience and exhilarated by the outcome — felt snubbed. Where was the celebration of what they had just fought for?

School administrators were smarting for another reason: A large number of teachers did not return to work on Thursday after the tentative pact was signed, making for another hard day.

Just as it was starting, the effort to heal the Beacon school community was stumbling a bit.

One day after the end of the three-day strike over teacher pay, Denver students had a day off Friday, giving leaders at the 147 district-managed schools affected by the strike the opportunity to begin repairing any damage done. The district administration shared resources with schools, too, including a “lessons learned” tipsheet from the recent Los Angeles teachers strike.

The challenge is proving unexpectedly daunting at the city’s two “Beacon” schools — Grant Beacon in east Denver and Kepner Beacon in southwest Denver — which share a common central administrative staff, approach, and mission to serve the city’s neediest students.

“It’s never been administration-versus-teachers, district-versus-teachers, in the culture we have created here,” said Magaña, who oversees the two schools. “We have a lot of good leadership, a lot of input from teachers. But this caught everyone kind of surprise.”

By “this,” Magaña means the tension that developed on the two campuses before, during, and after the strike that put Denver in an unfamiliar national glare. The 93,000-student district is better known for its unique brand of at times controversial education reform — of which the Beacon network is part — than it is labor strife and division in the educator ranks.

As it became evident that the teachers union was intent on striking, Magaña said he sent a message to the teachers, staff, and administrators on the two campuses.

“I called it out two weeks ago: Be careful with what you say, because it’s going to cause harm and impact our culture,” he said. “Everyone has their own right to make their own individual decision. Respect it. And people were trying to respect it.”

From Magaña’s perspective, it didn’t always happen. At Kepner Beacon, where 96 percent of students qualify for subsidized lunches, the young corps of teachers “grouped together and suddenly had this camaraderie, which is something that is part of our culture and that makes us successful,” Magaña said.

However, he said some striking teachers “were guilting teachers into joining for solidarity.” He added that teachers who crossed picket lines told him they felt alienated.

Linsey Cobb, a special education teacher and special education team leader at Kepner Beacon, disputes that. She said every teacher wholeheartedly supported each teacher’s decision.

Cobb herself was torn about striking. She said she stood with teachers fighting for a system they believed would pay them a better, fairer wage. But the third-year teacher ended up reporting to work as usual Monday morning, feeling too strong of a pull to fulfill her responsibilities supporting students with individualized education plans — the complex and sometimes confounding binding documents for students with special needs.

Cobb said she was not fully prepared by what she experienced that morning.

“Even though I am very close with my students, I felt incredibly isolated,” she said. “I got the weirdest feeling. I got a lot of, ‘Miss, why aren’t you striking? Don’t you believe what teachers are fighting for?’ I was like, ‘I do!’ I had a little bit of an internal struggle.”

After attending the big teachers union rally Monday at the Capitol, Cobb said she woke up Tuesday and decided to join her colleagues picketing, which she did for the strike’s duration.

The strike brought to the forefront just how different the two Beacon campuses are. At Grant Beacon, 80 percent of students qualify for subsidized lunch — slightly above the district average. That part of the city, like much of Denver, is gentrifying. The southwest Denver neighborhood around Kepner is not. The school is a safe harbor from violence and trauma.

About half of Grant Beacon students showed up for school during the strike, and six in 10 teachers joined the strike. Four miles and a world away at Kepner Beacon, 90 percent of students showed up for school — and all but a few teachers were out on strike.

Against the backdrop of the strike, Magaña said he emphasized that words matter. Everyone in the buildings, he thought, not just teachers, ought to be considered educators. That was the role everyone was thrust into — administrators, deans, and district central office staff who through no choice of their own had to cover for absent teachers. Magaña, too. He taught math.

“We maintained a positive culture through a really weird and complicated time,” said Tristan Connett, who as Kepner’s dean of students was pressed into service to teach eighth-grade reading and language arts. “Not just for students, but all the adults, everyone included.”

Outside Kepner Beacon each morning of the strike, teachers huddled over donuts and coffee. Parents brought them hand-warmers in the 20-degree chill. One teacher sat in her car with the engine running recording a video message to her students, telling them where she was and spelling out the day’s lesson plan before she joined the picket line, Cobb said.

The Beacon schools promote character-building and use personalized learning, using data and technology to tailor instruction to individual students. As “innovation schools,” the schools are exempt from some state laws and aspects of the teachers union contract. Both schools were “green,” the second-highest ranking, in the district’s most recent school ratings.

Cracks in school culture did show during the strike. Magaña said one teacher at Grant Beacon was hurt by the negative reaction he received from striking colleagues.

The strike’s sudden end just after 6 a.m. Thursday led to mixed messages and confusion about what was expected of teachers that day, deepening rifts at the Beacon schools.

Cobb, the Kepner special education teacher, said teachers somehow got what turned out to be incorrect information from the union that they couldn’t be late for the start of school if they wanted to return.

Many striking teachers did not come back to school Thursday. That was out of step with the district as a whole, which saw the vast majority of teachers back in classrooms.

Some Beacon teachers, Magaña said, “said they were mentally and physically exhausted.” What, he asked, does that tell everyone who took on unfamiliar roles to keep the schools open?

When teachers, administrators, and staff arrived for Friday morning’s meeting, they congregated at tables with colored pencils and “reflection forms.” Everyone was asked to write down answers to two questions: What did you learn about yourself? What did you learn about your colleagues?

“I also brought out the obvious — the elephant in the room,” Magaña said. “There are hurt feelings. There is resentment from teachers to staff to students to parents. That is something we can’t pretend isn’t there, and we put it out there and acknowledge it to move forward.”

The message from the network administration left a number of teachers disappointed.

“Every teacher who went out on strike believed in it, we got this victory, and it wasn’t celebrated as a whole,” Cobb said. “It was more like there was an acknowledgement of what we want to repair. OK, but we felt like we deserved a little celebration for what we accomplished.”

Several teachers took up administrators’ offers to speak in private throughout the day, and when everyone gathered to wrap things up, Cobb said there was acknowledgement of what teachers had accomplished. Magaña said Saturday he doesn’t regret starting off the day like he did.

“We had to acknowledge all of the feelings of the group,” he said. “It was about all of us working together for a common ground.”

Under the tentative deal union members are expected to vote on next week, all of the teachers in the Beacon network will see their base pay increase. The incentives Kepner Beacon teachers receive for teaching in a “highest priority” school will be slightly smaller but will continue.

After the Presidents’ Day holiday Monday, teachers and students will return to school on Tuesday and try to the maintain culture that has contributed to promising academic progress.

“It’s about trust,” Magaña said. “Some of it was cracked a little it. There was no contention in the room (Friday). It was really coming in with openness and willingness by everyone to say, ‘It’s done, and we did the right thing for ourselves. Now it’s time to come closer together.’”

“Normalcy will happen,” added Cobb, the teacher. “But it might take a bit.”

Frequently asked

New Denver teacher contract: We answer the most common questions about the tentative pact

PHOTO: Joe Amon/The Denver Post
Students in class at Dora Moore ECE-8 during the second day of the Denver Public Schools teachers strike.

One reason many Denver educators didn’t like the district’s old ProComp pay system was that it was too complicated and unpredictable. Both sides agree that the deal reached early Thursday morning creates a much simpler pay system for teachers.

But educators — and the general public — still have a lot of questions about the tentative ProComp agreement, which still needs to be ratified by union members and the Denver school board. Here we’ve answered some of the most common questions we’ve heard since the end of the strike.

How do I place myself on the salary schedule?

The salary schedule is made up of “steps” and “lanes.” The “steps” represent years of service for which a teacher had a positive evaluation. The “lanes” represent levels of education. The new schedule has 20 steps and seven lanes.

Worked in Denver Public Schools for five years and have a master’s degree? Go to step five and then slide your finger over to the master’s degree lane. That’s your base salary.

Did you have a year when your evaluation wasn’t good? Go back one step. Have an additional 18 credits on top of your master’s degree? Go up one more lane.

Teachers can also go up a lane once they hit the 10-year mark because the district wanted to reward longevity. Other milestones that merit a lane change: earning national board certification or an advanced license, or completing six “professional development unit” training courses.

Still not sure? Denver Public Schools plans to put a salary calculator on its website soon.

What if I have more than 20 years of experience?

If you have 20 or more years of experience, you’re placed at the top of the salary schedule, on step 20. After step 20, you’ll get yearly cost-of-living raises. You’re still eligible to change lanes, but you won’t get any more step raises.

Does the district know everything it needs to know about individual educators to pay them the correct salary?

Denver Public Schools plans to send letters or emails this spring to every teacher and special service provider (nurses, counselors, and others) covered by the contract, laying out where the district believes that employee falls on the schedule based on information they have on file. Educators will have a certain amount of time to correct any wrong information and get on the correct step and lane for the 2019-20 school year.

Under the new salary schedule, it looks like I’ll earn less next year than I do now. Am I taking a pay cut?

No. The agreement includes a “hold harmless” clause that ensures everyone will get a raise next year. Those whose salaries are higher now than they would be under the new schedule will get a cost-of-living raise each year until the salary schedule catches up with them.

How are bonuses and incentives different under the new contract?

The bonuses and incentives are different in three ways: There are fewer of them, the dollar amounts are different, and the dollar amounts won’t change year to year.

This year, there are six bonuses and incentives offered by the district: one for educators who work in Title I schools where 60 percent or more of the student population qualifies for subsidized meals; one for educators who work in hard-to-fill positions; one for educators who work in “hard-to-serve” schools; one for educators who work in one of 30 “highest-priority” schools; one for educators who return year over year to those schools; and one for educators who work in schools deemed top-performing or high-growth, as based on school ratings.

Here’s what’s left in the new contract: Teachers in Title 1 schools and those in hard-to-fill positions, such as secondary math, will get $2,000 a year. Teachers who return year over year to 30 highest-priority schools will get $3,000 a year. Teachers in 10 schools deemed “distinguished” will get $750 a year, with the criteria to be determined by the district and the union.

Why aren’t the district and the union tying bonuses to test scores anymore?

Unions have traditionally been skeptical of paying teachers based on student test scores because the scores are so closely correlated with factors like race and household income. In Denver, these bonuses were also less predictable for teachers because the district often changed the criteria it used to rate schools and award “top-performing” bonuses.

The district also came to see these bonuses as canceling out the effects of bonuses for teachers at high-poverty schools. A teacher could get nearly the same kind of monetary reward by moving to a more affluent school or by staying in one where students face more challenges. The new bonus system provides clearer monetary benefits to working in a high-poverty school.

Why did the union agree to keep the incentive for highest-priority schools, when that had been such a sticking point?

In any negotiation, there’s give and take and a lot of moving pieces. 

Here’s what lead negotiator Rob Gould said to district officials during bargaining: “We are open to the incentive because we know it’s important to you. And we’re willing to entertain your ideas if we can get the base salary schedule that our teachers need. Because if we can get the base salaries we need, we can keep our teachers in Denver.”

This was also an issue that divided teachers, with some teachers at schools that received the highest-priority incentive pushing to keep them.

Did teachers get a better deal out of the strike than the district’s last offer before the strike?

Teachers were getting a raise no matter what. The district was offering an average 10 percent raise before the strike (this included a cost-of-living raise that was agreed to back in 2017). Now teachers will get an average 11.7 percent raise, though individual teachers will see a wide range.

The district is putting the same amount of new money — $23.5 million — into teacher compensation as it was offering before the strike. It can give a larger average raise with that same amount of money because the incentives are smaller than under the previous proposal and because of limits on how teachers can use training to get raises. That gives the district more predictability about how many teachers will get raises each year.

Union leaders call the deal a win. They secured more opportunities for teachers to earn raises and move into higher categories on the salary schedule, including through completing training partially during work hours at no additional cost. And teachers can get to $100,000 in 20 years, rather than the 30 years in the last district proposal.

However, individual teachers aren’t necessarily getting more base pay next year than they would have under the district’s last offer. Early-career teachers without advanced degrees would have earned more in base pay under the district’s last offer. The teachers who do better under the deal reached after the strike are veteran educators with more education.

To take two examples: A second-year educator with a bachelor’s degree and no extra credits or training would have earned $47,550 in base pay under the district’s last offer before the strike but will earn $46,869 under the deal reached this week.

But a 20-year educator who has a master’s degree and an advanced license who has been with the district for 10 years will earn $88,907 in base pay under the new agreement, compared with $87,550 under the district’s last proposal before the strike.

The union fought for this kind of salary schedule in part to address a longstanding complaint that teachers have little reason to stay in a district where base pay levels off.

You can see the salary schedule from the district’s last offer here and the schedule from the tentative agreement here.

Is this deal financially sustainable for the district?

Denver Public Schools Chief Financial Officer Mark Ferrandino says that is the “million-dollar question,” perhaps closer to the “half-billion-dollar question,” since that is roughly how much the district spends on educator compensation.

Ferrandino believes the answer is yes, with the standard caveat that all projections are just that.

What will be cut to pay for this?

The district plans to cut $20 million from administrative costs over the next two years. That includes cutting 150 jobs in the central office and ending all executive bonuses. The bulk of it — $13 million — will go to fund the ProComp agreement.

District officials have not yet said which central office jobs will be cut, though Superintendent Susana Cordova has said cuts will be to “discretionary” departments. Departments that will not be cut include special education, English language acquisition, and transportation, she said.

Teachers will get a raise. What about paraprofessionals, bus drivers, custodians, and cafeteria workers?

These other district employees, much lower paid than teachers, are not covered by the contract that was the subject of the strike. Cordova has said these workers also deserve raises and a portion of administrative cuts will go to pay for them.

But how much of a raise will they get? That will all be worked out over the next few months and include discussions with the unions that represent these employees.

Will striking teachers get back pay?

Not according to district officials. After this story was published Friday, we asked for further clarification on this. We received this statement Saturday morning:

Superintendent Cordova understands that when teachers make the choice to strike, they are doing so to make a statement and bring attention to the importance of the issue at hand. Foregoing pay during the time that a teacher is not working is a challenging decision that no one makes lightly, and consequently, brings with it an impact that is intended to push for change.

DPS did not feel that it would be fair or appropriate to provide back pay to striking teachers when many others — including more than 40 percent of classroom teachers — chose to remain at work this week. However, DPS is working with the DCTA to offer all teachers the opportunity to attend a Saturday session to replace the professional development day that was cancelled in the days leading up to the strike. Any teacher who attends will be paid a day’s salary.

When will the new agreement go into effect? How long will it last?

Assuming both sides ratify it, the new agreement technically (and retroactively) went into effect Jan. 19, the day after the old one expired. But educators won’t start receiving the new salaries, incentives, and bonuses negotiated under it until Aug. 1. The agreement expires Aug. 31, 2022.