First Person

I was an attorney representing school districts in contract talks. Here’s why I hope the Supreme Court doesn’t weaken teachers unions.

PHOTO: Creative Commons / supermac1961

Many so-called education reformers argue that collective bargaining — and unions — are obstacles to real change in education. It’s common to hear assertions about how “restrictive” contracts and “recalcitrant” unions put adult interests over children’s.

The underlying message: if union power were minimized and collective bargaining rights weakened or eliminated, school leaders would be able to enact sweeping changes that could disrupt public education’s status quo.

Those that subscribe to this view are eagerly awaiting the Supreme Court’s decision in the case of Janus v. American Federation of State, County, and Municipal Employees. At issue is the constitutionality of “agency” or “fair share” fees — employee payroll deductions that go to local unions, meant to cover the costs of negotiating and implementing a bargaining agreement.

In states that permit agency fees (there are about 20), a teacher may decline to be part of a union but must still pay those fees. If the Supreme Court rules that those agency fees are unconstitutional, and many teachers do not voluntarily pay, local unions will be deprived of resources needed to negotiate and enforce bargaining agreements.

Based on my experience as an attorney representing school districts in bargaining and contract issues, I have this to say to those hoping the Court will strike down these fees: be careful what you wish for.

Eliminating fair share fees (and trying to weaken unions) represents a misguided assumption about bargaining — that the process weakens school quality. To the contrary, strong relationships with unions, built through negotiations, can help create the conditions for student and school success. Indeed, in my experience, the best superintendents and school boards seized bargaining as an opportunity to advance their agenda, and engaged unions as partners whenever possible.

Why, and how, can this work? For one, the process of negotiations provides a forum for school leaders and teachers to hear one another’s concerns and goals. In my experience, this is most effective in districts that adopt “interest-based bargaining,” which encourages problem-solving as starting point for discussions as opposed to viewing bargaining as a zero-sum game.

Interest-based bargaining begins with both sides listing their major concerns and brainstorming solutions. The touchstone for a solution to be adopted in a bargaining agreement: Is the proposal in the best interests of children? This important question, if embedded in the process, forces both sides to carefully consider their shared mission.

For example, some districts I worked with paid teachers less than comparable neighboring districts did. It would have been unreasonable for unions to insist that their pay be increased enough to even that difference out, because that would mean reducing investments in other items of importance to children, like technology or infrastructure. At the same time, it would have been untenable for management to play “hard ball” and deny the problem, because to do so would likely lead to a disgruntled workforce.

Instead, both sides were forced to “own” the issue and collaboratively craft plausible solutions. That made unions more agreeable to proposals that demonstrated some commitment by the district to addressing the issue of pay, and districts open to other things that they could provide without breaking the budget (like more early release days for professional development).

To be sure, many school administrators could get frustrated with the process of bargaining or having to consult the negotiated agreement when they want to make a change. Some districts would very much like to adopt an extended school day, for example, but they know that they must first consult and negotiate such an idea with the union.

Yet, in districts where school administrators had built a reservoir of goodwill through collective bargaining, disagreement does not come at the cost of operating schools efficiently. Both sides come to recognize that while they inevitably will disagree on some things, they can also seek agreement — and often do on high-stakes matters, like teacher evaluations.

How does this relate to the Supreme Court’s pending decision? Without fees from some teachers, unions may lack the resources to ensure that contract negotiations and enforcement are robust and done well. This could create a vicious cycle: teachers who voluntarily pay fees for bargaining in a post-Janus world, assuming the court rules against the unions, will view such payments as not delivering any return on investment. In turn, they will stop contributing voluntarily, further degrading the quality of the union’s services.

Even more troubling, if fair share fees are prohibited, resentment and internal strife will arise between those who continue to pay the fees and those who refuse. This would undercut a primary benefit of bargaining — labor peace and a sense of shared purpose.

Speaking as a parent, this raises a serious concern: who wants to send their child to a school where there is an undercurrent of bitterness between teachers and administrators that will certainly carry over into the classroom?

It is easy to see the appeal of those opposing agency fees. No one wants to see more money going out of their paycheck. The union-as-bogeyman mentality is pervasive. Moreover, in my experience, some teachers (especially the newer ones) do not recognize the hidden benefits to bargaining contracts.

But, obvious or not, agency fees help promote a stable workplace that allows teachers to concentrate on their primary responsibility: their students. Removing the key ingredient threatens this balance.

Mark Paige is a former school teacher and school law attorney who represented school districts in New England. He is currently an associate professor of public policy at the University of Massachusetts – Dartmouth.

First Person

I spoke with our governor during his TNReady listening tour. Here’s what I hope he heard.

PHOTO: TN.gov
Tara Baker raises her hand to talk during Gov. Bill Haslam's Sept. 4 roundtable discussion about state testing challenges. An assistant principal at Nashville's McGavock High School, Baker was among about 150 educators invited to participate in Haslam's six-stop "listening tour," which began Aug. 31 in Knoxville and ends Sept. 18 in Gibson County.

As the testing coordinator for a large high school in Nashville, I was in the eye of the proverbial storm this spring as tens of thousands of Tennessee students slogged through technical snafus and breakdowns in the state’s return to online testing.

It was ugly.

The daily stops and starts sucked the joy of learning right out of our school community. And the testing platform was not the only thing that broke down. Students were frustrated to the point of tears after their hard work disappeared behind a spinning blue cursor.

Students and their teachers should never feel that level of exasperation and futility.

That’s why I was thrilled to be invited — along with about 150 other educators from across Tennessee — to troubleshoot testing problems with Gov. Bill Haslam this month during his six-stop “listening tour” on TNReady, the assessment that’s now entering its fourth year.

I wanted the governor and his education commissioner, Candice McQueen, to know just how bad testing went at my school, and to hear observations and ideas from ground zero for moving forward.

I talked about our school’s disappointment and tears as we persevered through a rocky start, with already overtested students exasperated by what felt like unending technical difficulties. “They were defeated,” I told the governor. “It crippled us before we really ever got started.”

I shared how only 36 out of 500 students in our English III classes were able to successfully submit their essays for one part of their online exam. Imagine working for over an hour to read and examine an article and construct an in-depth response, only to have your computer freeze or shut down before you could finish. Our sophomores had more success, but we still had almost 150 incomplete submissions in that class after multiple attempts. The stories were similar for students in Integrated Math, Chemistry, and U.S. History. While I can’t know for sure, I believe the intensity of the problems contributed significantly to our school being rated recently at the state’s lowest possible level for academic growth — a devastating blow to me and my colleagues.  

The governor’s 90-minute roundtable discussion, held in a middle school media room in the town of Franklin, was cathartic for many of us present at the fourth listening tour stop. We realized that we were not alone in our frustrations and concerns.

PHOTO: TN.gov
Educators in Middle Tennessee participate in the governor’s fourth roundtable discussion at Freedom Middle School in Franklin.

Gov. Haslam and Commissioner McQueen listened intently, and I was grateful for the opportunity to share my school’s experience. But a lot of ideas and emotions were compressed into a relatively short amount of time. At the end of the day, here’s what I hope they heard:

We spend too much time on testing and not enough on educating students. Teachers talked about using class time to take practice tests in the fall, the long three-week testing window in the spring, and the sheer number of tests that students are required to take.

We should still test; we just have to do it better. Teachers want valid data. We want useful and meaningful feedback. But we need to know that the information provided is a true representation of what our students know. And we should be able to accomplish that with shorter, more thoughtful tests that cut down on subparts, testing times, and the number of questions. The current testing regimen isn’t working. It stresses out our students, teachers, and families.

We are not ready for online assessments in Tennessee. Computer-based testing generates faster results, but it introduces many factors that currently are beyond school or district control. Dead batteries, network updates, lack of internet connectivity and bandwidth — these are not things that schools can regulate with certainty, and they directly impact testing. Most importantly, until we have enough computers so that every student has one-to-one access to a device, we should have other options and school-level contingency plans in place. This could mean having paper backups on hand or quickly available.

Teachers and test administrators need to know the plan! As the link with our stakeholders, we need training to make sure the information that we provide students and parents is correct. It’s our job to promote the assessments to the community but, to do that, we should completely understand the process and be appropriately trained, including what to do when things go wrong.  

Tests need to reflect the diversity of our students. Reading selections should be varied to address students’ abilities, experiences, and lifestyles. For example, Jane Eyre is not relatable to any of my urban high school students. Could we pull from some high-interest contemporary novels, such as Jason Reynolds’ “Long Way Down,” about a black teenager whose brother dies in a shooting?

PHOTO: TN.gov
Gov. Bill Haslam listens during his Sept. 4 roundtable discussion. An advisory team is using the feedback to develop principles and recommendations for consideration by his and the next administration.

This school year, the stakes are higher than ever to get testing right. No one has confidence in last year’s scores or results. How could they when we learned on the third day of testing that the scores wouldn’t count? And this wasn’t our first rodeo with TNReady problems, either. For the new school year, we must get it right to rebuild confidence in the assessment. To the state’s credit, the Department of Education already has made some good moves — for instance, bringing aboard ETS, a reputable testing company, and planning stress tests for online assessments in the fall and spring. I welcome the on-the-ground input of 37 educators serving as our state’s new TNReady ambassadors, as well as steps to improve customer service before and during the next round of testing.

But will it be enough? The above list of concerns represents what I heard at this month’s roundtable discussion and from other educators, too.

Thanks for listening, Gov. Haslam. I hope that yours and the next administration consider this a call to action.

A former English teacher, Tara Baker is an assistant principal at McGavock High School, a 2,400-student learning community in Metropolitan Nashville Public Schools.

First Person

We’ve come a long way in addressing student stress and trauma. I could use help, too.

PHOTO: Jose M. Osorio/Chicago Tribune/TNS via Getty Images

There’s an old adage, “You can’t pour from an empty cup.” But as a paraprofessional in Chicago, my cup is almost drained.

Each day, I provide academic, emotional, and behavioral support for over 200 students. The amount of mental and emotional energy it takes to calm a single student down, redirect or remove them from the class, and provide appropriate consequences is overwhelming — even with experience — when there are 11 other six-year-olds in a classroom that need my help.

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I look forward to coming to work in the morning, but by the time I get home, I barely have the energy to make my own dinner or plan activities for the next day. I tune out almost everything and everyone. While I love what I do, it is hard.

This heavy responsibility affects my mental health and the health of all educators, and it certainly impacts our ability to properly teach and support students. In the wake of Chicago’s teacher assistant layoffs this summer, my colleagues and I have dealt with the added stress of job uncertainty, too.

But we haven’t acknowledged the effects of that stress on educators, and we aren’t equipped with support to manage it.

The good news is that we are having a conversation about the effects of stress and trauma on our students. I’ve watched advocates successfully push for change: Educators for Excellence-Chicago, an educator-led organization I am involved with, brought some of these issues to light last June. Since then, we have held citywide problem-solving forums in partnership with the district’s Office of Social Emotional Learning and successfully advocated for the passage of two school state resolutions to ensure that student trauma is appropriately recognized throughout Illinois.

The recent focus on social-emotional learning — also known as “soft skills” — in our classrooms is also helping schools better prepare students for challenges that no child should face, but many do.

Those challenges are real: In my classroom, one student is a caregiver for his parent, another has lost multiple siblings to gun violence, and many others have parents that work long hours and are rarely around. These experiences have a considerable impact on their learning; often, students don’t have the tools to cope with this stress, and so they express their frustration by acting out in disruptive ways.

And yet, amid all this advocacy for our students’ mental health, we neglect our own. I worry that without a healthy state of mind, educators can’t offer their best teaching and attention to students, perhaps causing additional harm to kids already dealing with heavy burdens outside of school.

I don’t think it has to be this way. If more funding was allocated to our schools for student counseling, it would allow educators more time to focus on teaching. Our schools could provide social and emotional support to our students and staff to help them learn coping mechanisms. We would be able to hold self-care activities for the entire school. Support staff could give students and parents tools to support them outside of school.

To ensure students’ well-being, we need our own help.

Dr. Martin Luther King Jr. said it best: “Whatever affects one directly, affects all indirectly. I can never be what I ought to be until you are what you ought to be. This is the interrelated structure of reality.” Student and educator mental wellness are deeply interconnected, and we all must make sure we help educators be the best they can be for their students.

Shakita Smith is a teacher’s assistant at Pablo Casals School of Excellence in Humboldt Park. She is also a member of the Chicago Teachers Union and Educators for Excellence, a national teacher policy and advocacy organization.