Archive for the 'Tenure' Category

August
26th 2016
2016 Ed Next Survey Data Released

Posted under Accountability & Educational Choice & Grades and Standards & Private Schools & Public Charter Schools & School Accountability & Tax Credits & Teachers & Tenure & Testing & Union & Vouchers

If there’s one thing I look forward to most every year, it’s the release of new survey data on education opinions in America. I’m just kidding. I obviously look forward to Christmas most. But new survey data is a close second.

About this time last year, we were gleefully digging through the results of the 2015 Education Next and Gallup/PDK education surveys. The latter poll, you may remember, is not really one of my favorites when it comes to fairness and a general lack of bias. We’ll have to wait a bit longer to see if this year’s version is a little more credible. In the meantime, we can chew on the generally more convincing Education Next results for 2016.

For those of you who aren’t familiar with the Education Next poll, it gathers a nationally representative sample of adults (about 4,000 this year) and asks them questions about just about everything you could ever imagine related to education. There is tons and tons of useful, interesting information buried in this year’s results and the accompanying narrative summary and interactive graphs, but we’ll just focus in on the big stuff for today. Continue Reading »

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August
2nd 2016
Ding Dong! NCLB Waivers Are Dead

Posted under Accountability & Education Politics & Every Student Succeeds Act & Federal Government & Legal Issues & Tenure

I’ve talked a fair amount over the last couple of years about the “weaponized waivers” employed by the Obama administration under the federal Elementary and Secondary Education Act of 1965, the previous iteration of which was called No Child Left Behind. The newest iteration of the act, now called the Every Student Succeeds Act (ESSA), passed back in December of last year. As of yesterday, ESSA officially ushered NCLB waivers down the path of the dinosaurs. That’s great news for those of us who think that the federal government has little business dictating education policy to states. Continue Reading »

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July
22nd 2016
SB 191′s Reforms Begin to Take Hold

Posted under Accountability & Senate Bill 191 & Teachers & Tenure & Union

Passed in 2010 with bipartisan support, Colorado’s Senate Bill 191 is a big law that includes a lot of different timelines. Frequent delays in the law’s implementation only add to the confusion. But despite all that messiness, the law is beginning to do its work.

At its core, SB 191 is a tenure reform law. Okay, okay, legal nerds, a “non-probationary status” reform law. Previously, Colorado teachers earned non-probationary status after three years of teaching. That status provides near-absolute “due process” job protections that could force school district leaders to navigate legal requirements all the way to the steps of the Colorado Supreme Court should they decide to fire a non-probationary teacher. Under SB 191, teachers earn non-probationary status after three years of effective teaching. As an important corollary, those same teachers can lose that status after two years of ineffective teaching.

We’ve discussed the ins and outs of these reforms at some length in the context of the union-led assault on legislative authority that is the Masters case, which deals with SB 191’s lesser-known mutual consent provision. We’ve also covered the Independence Institute’s arguments about why the union is way off base legally in that case. We won’t beat those dead policy horses this afternoon. Instead, we’ll talk about the fact that SB 191’s centerpiece component—the loss of non-probationary status for ineffective teachers—has come online. Continue Reading »

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April
20th 2016
Vergara Overturned (For Now), But the Conversation Continues

Posted under Accountability & Courts & Teachers & Tenure & Union

Two weeks ago, I expressed my ambivalence toward the courts (again) while talking about a creative workaround for a Washington Supreme Court decision declaring charter schools unconstitutional. I then mistakenly allowed myself to believe we would be free of legal discussions for a while. No such luck. And this time, stuff’s complicated.

Last week, a California Court of Appeals panel overturned the now-famous Vergara v. California ruling. For those who don’t remember, this ruling struck down California’s teacher tenure statute along with other seniority-based policies like the state’s last-in-first-out (LIFO) dismissal policy, which paid no heed to effectiveness. Why? Because the court determined that those policies disproportionately harm low-income and minority students, thereby violating the California Constitution’s requirement that the state provide a “meaningful, basically equal educational opportunity” to all students.

A raft of evidence presented by the plaintiffs—a groups of students—and their attorneys showed that seniority-based personnel policies, and especially policies like tenure that make it nearly impossible to let ineffective teachers go, are bad ideas. Continue Reading »

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