Mutual consent

Union legal challenge to SB191 filed, bill on its way

Updated – Colorado’s largest teachers union Wednesday launched a two-pronged attack on part of the state educator effectiveness law, filing both a lawsuit and serving notice of a proposed bill in the legislature.

At issue is the mutual consent section of Senate Bill 10-191, which requires both principal and teacher agreement for placement of a teacher in a school. The Denver Classroom Teachers Association and its statewide parent, the Colorado Education Association, claim the Denver Public Schools have misused the law by essentially firing teachers without due process.

The suit was filed Wednesday by five former Denver teachers and the DCTA. The filing, which had been expected for months, came in Denver District Court and names DPS and the State Board of Education as defendants. (The board is the default defendant in many suits involving education laws.)

Later in the day during a news conference at CEA headquarters, union leaders and Sen. Nancy Todd, D-Aurora, announced plans to file a bill that would prohibit districts from putting teachers on unpaid leave if they can’t be placed in schools, but it wouldn’t repeal the full mutual consent portion of state law.

The bill will be sponsored in the House by Rep. Joe Salazar, D-Thornton.

“We have fought the good fight with the Denver Public Schools and avoided going to the courts and the legislature,” said Kerrie Dallman, CEA president. “We had great hopes that we would not get to this point,” said Amie Baca-Oehlert, CEA vice president. Since negotiations with DPS didn’t work, the lawsuit and the proposed bill are needed, the two said.

Dallman and other CEA leaders repeatedly stressed that the two unions have no objections to the evaluation portions of SB 10-213. “This really is a surgical lawsuit,” she said. (Dallman and Oehlert both are members of the State Council for Educator Effectiveness, the advisory group that drew up recommendations for implementation of the law.)

Sen. Johnston, others react to suit

Sen. Mike Johnston, author of SB 14-191, later in the day defended current mutual consent provisions and said of DPS, “I haven’t seen any evidence to see they are using it incorrectly.” He said he’d talked with CEA last summer about possible tweaks to the law but that no agreement was reached.

The Denver Democrat also agreed that the lawsuit “will change nothing about the evaluation process. … I don’t think this is going to be a big distraction.”

Johnston could end up being the deciding vote on the Salazar-Todd bill. If that measure passes the House and reaches the Senate floor, it’s unlikely any of the Senate’s 17 Republicans would vote for it. If Johnston also votes no, that would provide an 18-vote majority to kill the bill in the 35-member Senate.

A statement from the Department of Education sounded the same note, saying, “The filing of this lawsuit does not impact the ongoing work of schools and districts to implement the law.”

Separately, the SBE released a statement saying it was “deeply disappointed” with the lawsuit and “will defend this lawsuit to the fullest extent of the law.”

DPS Superintendent Tom Boasberg defended SB 10-191’s current provisions, saying, “The practice of forced placement is wrong. It is wrong for our students, wrong for our teachers and wrong for our schools. It is particularly harmful because it disproportionately impacts our highest-poverty schools where our kids have the greatest need for excellent teachers.”

A coalition of business and education reform groups criticized the lawsuit. The suit “would turn back the clock for Colorado teachers and students,” said a news release from the Great Teachers and Leaders Law Coalition.

Senate Minority Leader Bill Cadman, R-Colorado Springs, commented, “This lawsuit should outrage every student, every parent, and every taxpayer in this state. The same union that tried to take another billion dollars from Colorado citizens with Amendment 66, is now trying to create a protected class of substandard workers.”

Inside the lawsuit

The lawsuit argues that the mutual-consent provisions of the law and DPS’ actions are unconstitutional because they violate the state constitution’s ban on “impairment of contracts” and state laws on the firing of teachers. The suit also alleges that the district has violated teachers’ due-process rights.

The suit argues that non-probationary teachers have “a constitutionally protected property interest in … continued employment” that cannot lawfully be terminated without providing the procedural due process guaranteed by” the state constitution.

The class-action aspect of the suit seeks to include several different types of Colorado teachers, primarily those who held non-probationary status before May 20, 2010, when the mutual-consent provision went into effect.

The suit seeks a court ban on use of the mutual-consent provision for various kinds of non-probationay teachers and reinstatement and back pay for teachers who lost their jobs.

Based on the track record of prior public-policy lawsuits in Colorado, this case could take years to resolve if it goes up through the appeals process.

CEA lawyer Brad Bartels said, “I would be lying if I said that it would be short.” He said the first legal fight will be over whether the DCTA has made a proper claim for relief that can be adjudicated. If the suit passes that hurdle, there likely will be long proceedings over whether the case can proceed as a class action. The lawsuit makes claims for two main classes, a group of DPS teachers and all state teachers who were non-probationary before May 2010.

CEA leaders said they would pursue the lawsuit even if the Salazar-Todd bill passes because the suit seeks damages and reinstatement for those DPS teachers.

Individual plaintiffs in the lawsuit faced a filing deadline that was due to expire last summer. But the two unions, DPS and the State Board of Education agreed late last August to extend the deadline for filing a suit until Feb. 1 – Saturday.

The five teachers listed as plaintiffs are Cynthia Masters, Michele Montoya, Mildred Kolquist, Lawrence Garcia and Paul Scena.

The Great Teachers and Leaders Law Coalition is made up of civic, business and non-profit organizations including A+ Denver, Colorado Children’s Campaign, Colorado Competitive Council, Colorado Concern, Colorado Succeeds, Democrats for Education Reform, Denver Metro Chamber of Commerce, Donnell‐Kay Foundation, Gates Family Foundation, Piton Foundation and Stand for Children. Gov. John Hickenlooper and former Govs. Bill Owens and Bill Ritter are supporting the coalition’s criticism of the lawsuit.

The major elements of SB 10-191 are requirements for annual evaluations of principals and teachers, basing 50 percent of evaluations on student academic growth and the provision that teachers who have two consecutive ineffective or partially effective ratings lose their non-probationary status (commonly called tenure).

Read full text of the suit here.

Background on the issue from Chalkbeat:

teacher prep

Tennessee’s mediocre teacher training programs prompt ‘interventions’ with university presidents

PHOTO: Austin Peay
Austin Peay State University in Clarksville is among four Tennessee schools that have undergone "interventions" with state officials over the quality of their teacher training programs.

Armed with sobering data about the performance of teacher training programs in Tennessee, state officials are holding meetings with top brass at universities where programs have grown out of touch with the needs of K-12 classrooms.

About 40 programs in Tennessee feed the state’s teacher pipeline with about 4,000 new teachers annually. The largest are based at colleges and universities.

But those same traditional programs generally aren’t attracting enough high-quality candidates or producing enough effective or diverse teachers. Not a single public university in Tennessee scored in the top fifth of teacher training programs under a state report card issued in 2016. And the outlook isn’t expected to improve much under the 2017 report card being released early next month, officials say.

“This data is sobering. It tells us that higher education must do better,” said Mike Krause, executive director of the Tennessee Higher Education Commission.

Krause outlined the challenges to state lawmakers during a presentation on Tuesday with Sara Heyburn Morrison, executive director of the Tennessee State Board of Education.

Their first “intervention meetings” were with the presidents and education deans at four universities: Austin Peay, Tennessee-Chattanooga, Tennessee-Martin, and Tennessee Tech. Similar meetings are scheduled this spring with leadership of private colleges and universities across the state.

Krause described the first meetings as “very productive” — and illuminating. “In many cases, the presidents just didn’t know” about their programs’ shortcomings, he said.

Teacher quality is considered a driving factor in students’ success, making the quality of teacher preparation programs a front-burner issue in Tennessee.  A 2016 report said only a handful of the state’s programs are consistently preparing teachers to improve student achievement based on Tennessee’s TVAAS measure. The State Board’s new grading system also highlighted weaknesses based on racial diversity, candidates’ ACT scores, and whether they are producing teachers for high-need areas such as special education.

Reading instruction is another big challenge. In a state where only a third of students are considered proficient in reading, new teachers are arriving in classrooms ill-prepared to instruct students on Tennessee’s new reading standards. The state is working with higher education institutions so their faculty can take the same professional development on literacy that working teachers are taking.

But for the most part, the State Board has limited levers for improving the quality of teacher prep. The biggest hammer comes every seven years when each program undergoes a comprehensive review for licensure. (In 2014, the state raised its standards and revised its measures for effectiveness to include data such as placement, retention and employer satisfaction.)

Chancellor Keith Carver

Tennessee-Martin Chancellor Keith Carver said his school took its last state report card to heart. As a result of its overall score of 2 out of a possible 4, the university hired an assessment coordinator to help guide decisions based on data. “It’s a really good baseline for improving,” he said of the report card. “… We’ve got some work to do in our diversity profile.”

Tennessee’s teacher candidates are overwhelmingly white and female. Of those who completed Tennessee’s programs in 2016, only 14 percent identified themselves as non-white, compared with 36 percent of the state’s student population.

“Colleges of education will not stumble into diversity. There has to be a very intentional effort,” Krause said.

View the full presentation from Tuesday’s legislative hearing below.

Gold standard teachers

Tennessee adds nationally certified teachers but continues to trail in the South

PHOTO: Ruma Kumar/Chalkbeat

Twenty Tennessee educators have earned a national certification that’s considered the profession’s highest mark of achievement, although the state continues to lag in the South in growing that community.

The state Department of Education on Tuesday released the list of new educators designated as National Board Certified Teachers.

Their addition brings Tennessee’s number of NBCT educators to more than 700, with another 63 pursuing certification. By comparison, Kentucky has 3,600, Virginia 3,400, and Georgia 2,600.

“We know that teachers are the biggest factor in the success of our students, and it is an honor to celebrate educators who are helping their students grow, while serving as an example of what it means to be a lifelong learner,” Commissioner Candice McQueen said in a statement.

Nationally, 5,470 teachers earned the designation in 2016-17, raising the total to more than 118,000 through the National Board for Professional Teaching Standards. The certification takes from one to three years to complete and includes a performance-based peer-review process. Successful candidates must demonstrate a proven impact on student learning and achievement.

In Tennessee, at least 36 school districts offer at least one type of incentive for achieving the certification. The most common is a salary bonus.

North Carolina continues to lead the nation in certification, with 616 more teachers gaining the endorsement last month from the Arlington, Va.-based organization.

Earning their certification in Tennessee were:

  • John Bourn, Franklin Special School District
  • Christy Brawner, Shelby County Schools
  • James Campbell, Metro Nashville Public Schools
  • Kimberly Coyle, Sumner County Schools
  • Suzanne Edwards, Williamson County Schools
  • Anastasia Fredericksen, Metro Nashville Public Schools
  • Theresa Fuller, Kingsport City Schools
  • Amber Hartzler, Clarksville-Montgomery County School System
  • Jennifer Helm, Williamson County Schools
  • Deborah Higdon, Franklin Special School District
  • Karen Hummer, Franklin Special School District
  • Heather Meston, Metro Nashville Public Schools
  • Melissa Miller, Franklin Special School District
  • Kelsey Peace, Sumner County Schools
  • Lindsey Pellegrin, Franklin Special School District
  • Andrea Reeder, Williamson County Schools
  • Jordan Sims, Metro Nashville Public Schools
  • Susanna Singleton, Williamson County Schools
  • Melissa Stugart, Metro Nashville Public Schools
  • Drew Wilkerson, Franklin Special School District

To learn more, visit the website of the National Board for Professional Teaching Standards.