teacher unions

Why the Janus Supreme Court case won’t have much impact in Tennessee

PHOTO: Creative Commons / supermac1961

Tennessee will largely be left out of the flurry of analysis following a devastating ruling for teacher unions across the nation.

A ruling released Wednesday on the U.S. Supreme Court case Janus v. AFSCME, as expected, essentially outlawed unions from collecting mandatory fees from members and non-members alike. The rationale was that non-members benefited from the union’s bargaining efforts and should contribute. But opponents said those employees should not be forced to pay into something they may not support.

The decision from the nation’s highest court has devastating implications for large unions in the 23 states that have allowed such fees; Tennessee is not among them. In anticipation of the ruling, teacher unions in those states have attempted to shore up finances and membership numbers.

Tennessee is a right-to-work state, meaning an employee is not required to be a paying member of a worker’s union. But to take it a step further, action by state legislators in recent years has weakened Tennessee’s teacher unions. As a result, those groups are losing members and power in their districts. A landmark law passed in 2011 abandoned collective bargaining in favor of less politically powerful exercise known as “collaborative conferencing.”

The law tossed the requirement that districts and organizations representing employees have to reach an agreement. If there’s an impasse, the school board gets the final word.

It also tightened the definition of “professional employee” members, excluding administrators, such as principals, assistant principals, and supervisors, according to a 2012 report by Tennessee’s Offices of Research and Education Accountability.

The law also narrowed the topics that could be discussed between teacher organization representatives and the school district. Their agreements cannot address teacher evaluations, district decisions on “merit pay” for bonuses and raises based on teacher performance, requiring districts to base personnel decisions on tenure or seniority.

Memphis has two professional organizations that collectively represent more than 4,500 teachers and staff members in schools run by Shelby County Schools: United Education Association, which is an affiliate of the National Education Association, and Memphis-Shelby County Education Association, which is more than 80 years old.

In a statement, the Tennessee Education Association said the decision was “bankrolled by corporate interests in an effort to make it even harder for working people to come together and speak up for each other,” but acknowledged that as a right-to-work state, the ruling will have little effect in Tennessee.

“TEA has a proven history as a strong and effective advocate for public education in our state,” president Barbara Gray said in the statement. A spokeswoman said membership started to grow last school year, reversing the downward trend. “This ruling does not change our commitment to Tennessee students or educators.”

Professional Educators of Tennessee, a teachers organization that historically has opposed compulsory fees and does not endorse candidates, said the decision was a “victory for workers’ First Amendment rights.”

“No American worker should be forced to become or remain a union member,” said executive director JC Bowman in a statement. “The Janus decision will not create drastic structural changes to unions. It will simply make them more accountable to their own members.”

This story has been updated with comments from the Tennessee Education Association and Professional Educators of Tennessee.

Future of Teaching

Undocumented students face hurdles getting into college. Here’s how Indiana teachers have helped them succeed

PHOTO: Shaina Cavazos
Cinthia, Jessika Osborne, Angela Adams, and Karina Garduño were panelists featured in a discussion moderated by Mike Elsen-Rooney, a reporter with the Teacher Project. The event focused on undocumented students' access to college.

Navigating the college admissions process can be a challenge for any student, but in Indiana, undocumented students can face extra hurdles in pursuing higher learning. That’s because Indiana is one of just six states that prohibits undocumented students from receiving in-state tuition rates at public universities.

Helping Indiana teachers identify pathways to college — and through college — for their undocumented students was a focus of a panel discussion Wednesday, put on by WFYI Public Media and the Teacher Project, an education reporting fellowship at Columbia Journalism School. Educators in the state say that in recent years, they have noticed an increase in undocumented students in their classroom, and many of these students assume that higher education is out of reach for them.

Under federal law, all students must be allowed to attend public K-12 schools, regardless of immigration status. But access to public colleges in Indiana is inextricably tied to immigration status. While it’s possible for undocumented students to be accepted at and to enroll in colleges, entrance exams and figuring out how to cover the tuition, can be tricky, especially because undocumented students can’t receive federal student aid. They also worry that the application process puts themselves and their families at greater risk of deportation.

Wednesday’s event was held at the WFYI offices in Indianapolis and brought out dozens of educators, students, and community members. The gathering was part of an ongoing series about the intersection of education and immigration.

The panel featured Cinthia, an undocumented student who graduated from Emmerich Manual High School in 2015. Cinthia did not provide her last name because of her immigration status. She spoke passionately about how instrumental her English-as-a-new-language teacher, Jessika Osborne, was in eventually getting her to college and ensuring she felt safe once there.

“She’s always been in my life,” Cinthia said. “I felt like Osborne would protect me no matter what.”

Cinthia, Osborne, and two other panelists answered questions and participated in a moderated discussion about advice for other educators struggling with how best to help their students who are undocumented pursue higher education.

Read more: Should undocumented students be afraid? These are their rights.

Work to build trust.

Karina Garduño, IUPUI’s assistant director of multicultural planning and another panelist, said one of the biggest hurdles for teachers is determining which of their students might be undocumented, and therefore might need extra help with the college admissions process.

Garduño said the first step is establishing a good rapport. When students trust you and feel comfortable, they are more likely to disclose their immigration status and open up about whether or not they need assistance with the college process.

“A lot of these students will not share this information with just anybody,” Garduño said.

Making the time to do this outreach is no easy feat for many educators in the state. Garduño said she’s known guidance counselors who are responsible for hundreds of students. Such ratios aren’t uncommon in Indiana or across the country.

“As much as you are well-intentioned and really want to help, your human capacity is not necessarily always there because you have so many students to serve and they each have so many individual needs,” she said.

Osborne said she, too, has felt overwhelmed juggling her classroom responsibilities with the intense needs of her students, especially amid changing policies around immigration and undocumented populations. Still, she’s seen how consistent effort to build trust with students can pay off.

“There wasn’t a time where I remember Cinthia saying, ‘I’m undocumented,’” Osborne said. Rather, there were just hints over time that Cinthia needed help applying for college and getting paperwork that proved she was in school.

To help students like Cinthia, Osborne said she sometimes gives up her lunch hour and planning time. She also makes herself available after school and before sports practices begin.

Don’t panic.

Angela Adams, also a panelist and an Indianapolis-based immigration attorney, said she gets a lot of questions about whether teachers need to report students who disclose they are undocumented, or whether helping them is “aiding and abetting” some kind of crime.

“First of all, don’t panic,” Adams said. “You’re not doing anything wrong by not reporting this person or by having this person in your classroom.”

Adams said FERPA, the federal Family Educational Rights and Privacy Act that protects certain information about students, applies here.

“You can’t disclose to third-parties even if you wanted to — you’d probably be losing your job,” Adams said.

Know your limits.

Adams and Garduño encouraged teachers to be supportive, but not to go beyond their roles as educators. For example, they can reassure their students that they won’t tell anyone about their plight without their permission. But they shouldn’t be giving out legal advice. Rather, they can recommend speaking with an immigration attorney.

“Be careful,” Adams said. “Because you don’t know what you don’t know … you could end up getting someone in a worse situation even if you’re trying to do the right thing.”

And in the meantime, panelists advocated that teachers familiarize themselves with available resources, such as the American Immigration Lawyers Association, Indiana Undocumented Youth Alliance, La Plaza, and the Indiana Latino Institute.

In the classroom, Osborne suggested teachers identify when it might be wise to avoid working in large groups on college-related assignments. At Manual, she said, students have been taken in groups to a computer lab to fill out college financial aid forms. But undocumented students might not feel comfortable in that setting — and some just didn’t show up, she said.

Osborne said her department has also held smaller parent nights for information about immigration, the college application process, and the federal Deferred Action for Childhood Arrivals program, or DACA.

Most of all, Cinthia said, she appreciated that Osborne and other teachers never made her feel like her dream to complete her education and become a nurse was out of reach — even if she faced more challenges along the way.

“Don’t make them feel like they’re not going to finish,” Cinthia said. “Just help them and support them through the whole way.”

positive discipline

How this Indiana district is rethinking discipline to keep kids in school

PHOTO: Alan Petersime

Warren Township administrators are taking a new approach to discipline — often forgoing traditional punishments, such as suspensions, in favor of interventions that better support the children who have gotten into trouble.

It’s called “positive discipline,” and it takes into account that traumatic events, such as a parent in jail, the loss of a family member, or homelessness, may be at the root of a child’s misbehavior. In those cases, experts say making a home visit or providing mentoring — paired with a consequence such as detention — can be more beneficial than forcing a student, who may need help, out of school.

“Children have problems at school because of things that have happened in their background,” JauNae Hanger, president of the Children’s Policy and Law Initiative of Indiana. said. “As educators we’ve got to be cognizant of that.”

The result of these more mindful discipline policies: better care for students, and fewer students missing class.

This softer approach to discipline is gaining traction throughout the United States, particularly as schools confront high suspension and expulsion rates that have been found to unfairly target students of color.

Indiana in particular has grappled with such disproportionately harsh discipline for black students. Now, the state is establishing guidelines for educators to use this new approach in their own classrooms.

“Even one detention in the ninth grade can increase the risk of a child going into the juvenile justice system,” Hanger said. “School discipline data suggests that we do have a problem. It’s a statewide problem.”

Through a new state law passed this year, the Indiana Department of Education is developing a best practice model for districts like Warren Township that are interested in implementing “positive discipline,” which seeks to teach rather than to punish.

The model will provide ways to reduce out-of-school suspension and inequities in discipline, to limit referrals to law enforcement or arrests on school grounds, and to draft or strengthen policies that address issues of bullying on school property.

Schools are not required to adopt the best practice model, nor are they required to reduce their suspensions and expulsions, but the state must provide information and support to districts upon request.

“Operating in the mode of punishment without supports is not productive for families or kids,” said James Taylor, Warren Township’s director of student services. “We want to support families as much as we can because we’re the first line of defense before the juvenile system.”

Warren Township is one of seven Indiana districts that participated in specialized training last year to learn how to respond to misbehavior in a way that considers what’s happening in a student’s life outside of the classroom. Children in poverty are more likely than their peers to experience traumatic events.

The training is hosted by the Children’s Policy and Law Initiative of Indiana, which is known for its efforts around reforming laws, policies, and practices to keep children in school and out of the criminal justice system. Training comprises a two-day summit and four one-day sessions during the course of a year.

Each session is designed for a different group of school employees, including administrators, teachers, and school resource officers. The final session brings everyone together for cross-disciplinary training, team building, and strategic planning.

Jim Sporleder is a trauma-informed coach who helps lead positive discipline training sessions across the U.S., including Indiana. He has seen how adopting a different mindset on discipline can be difficult: “It’s going against tradition,” Sporleder said. “It’s going against how we were raised.”

That was an early challenge for Warren Township schools. The strategy requires “a paradigm shift,” Taylor said.

“Everybody has to be on board, but everybody’s not always on board,” he said. “It’s tough to get people out of that mindset that this kid really painted a black eye for our school, and how do we move past the pain and the hurt of the situation when it happens?”

At Warren Central High School, 584 out of 3,710 students received out-of-school suspensions before the district began taking this new approach in 2016-17. But last year, when the district started the positive discipline training, the number of out-of-school suspensions decreased by more than 15 percent, according to state data.

Warren Township now outlines its approach to positive discipline in its student handbook, which defines discipline on the cover as, “instruction that corrects, molds, or perfects character and develops self-control.”

At the Children’s Policy and Law Initiative of Indiana, Hanger said she uses schools’ discipline data to identify schools with a high rate of suspensions and where leaders are willing to address the issue. She and her team are still collecting data, but they believe suspensions will go down within the first year of training.

Suspensions have long been a problem in Indiana: During the 2012-13 school year, one in 10 Indiana students were suspended. For black students, the number was even greater — one in five.

However, some groups that represent educators have had concerns about how to roll out this approach effectively. Tim McRoberts, associate executive director of the Indiana Association of School Principals, said he doesn’t want schools to restrict how teachers can discipline students. Teachers still need to have a full range of options when dealing with incidents.

Still, he said he supports keeping students in school.

Sporleder, the trainer, said that in order for a shift toward positive discipline to work, the entire school has to change the way it looks at all students.

“Some people separate out who’s trauma and who’s not,” Sporleder said. “We can’t do that because we don’t know. Your most compliant student in classroom could be most traumatized. Trauma isn’t a checklist. It’s who you are.”