Future of Teaching

California ruling prompts reflection about Indiana's teacher protections

PHOTO: Scott Elliott

A ruling against teacher tenure in a Los Angeles lawsuit earlier this week has local advocates considering their own challenges to teachers’ job protections.

The preliminary ruling in the lawsuit Vergara v. California strikes down a slate of that state’s laws around teacher tenure and firing. The judge in the case, Rolf Treu, said data showing that poor and non-white students in California are more often taught by low-performing teachers convinced him that the laws violate the state’s constitution. The distribution of teacher quality “shocks the conscience,” Treu said in his ruling.

The lawsuit was brought by nine families with the backing of a Silicon Valley entrepreneur who began supporting education issues after he was unsettled by how difficult it was for his own children’s schools to fire teachers. Its backers include national critics of teachers unions, including Michelle Rhee of StudentsFirst, which has an Indiana chapter.

Its critics include teachers unions and others who say that tenure protects teachers from capricious administrators and helps make teaching an attractive profession.

“Today’s ruling would make it harder to attract and retain quality teachers in our classrooms and ignores all research that shows experience is a key factor in effective teaching,” said Dennis van Roekel, president of the nation’s largest teachers union, said in response to the ruling.

The state of California and its teachers unions are gearing up to appeal, guaranteeing a long legal fight before the issue of teacher tenure in California is resolved. Still, their first-round success has Vergara supporters weighing whether to take on teacher tenure laws in other states.

The labor landscape is pretty different in Indiana, which in recent decades eliminated teacher tenure and other laws that some felt advantaged unions over school districts on issues of teacher job security.

Hoosier teachers still have protections against unjust firing, but they are weaker than states like California.

Local critics of teachers unions believe principals should have even more flexibility. But Indiana State Teachers Association President Teresa Meredith argues Indiana’s system is the opposite of California: it gives the advantage to administrators.

“It’s not fair a system at all,” she said. “It makes it easier for someone to get away with dismissing a veteran teacher simply because they don’t want them any more.”

But Todd Bess, executive director of the Indiana Association of School Principals, thinks Indiana is in a good place when it comes to teacher protections.

“There’s probably better flexibility now,” he said. “The pendulum has come a little more center. There are protections for teachers but when we loosened up the collective bargaining law that re-centered us a little.”

Changes in state law in 2011 further limited teachers unions, which used to bargain on an array of teacher working conditions such as class size and rules for requiring meetings outside of the work day. Indiana teacher unions can now only bargain on issues of pay and benefits.

The 2011 law also called for a redesign of the traditional union step system, under which teachers earn more pay the longer they stay in the district or when they get more education, such as a masters degree.

Just as the California unions argued, Meredith said Indiana teachers need more protections so that effective, experienced teachers aren’t unfairly fired just to save money or for even more unjust reasons.

“We need some sort of process to protect veteran teachers from being fired because someone just graduated from college and is related to someone and they need a job,” she said. “That used to happen all the time.”

But it doesn’t happen anymore, Bess said, and he argued it isn’t likely to, in part because the 2011 law makes hiring and firing heavily dependent on teacher performance. It would not be easy, he said, for principals to rig evaluations in order to unjustly fire teachers just to make room for others different that they prefer.

“I think that would be a pretty small occurrence for a superintendent or principal to direct teacher evaluation for the purpose of, say, trying to hire a relative, especially if a teacher had consistent evaluations as effective,” Bess said. “I don’t see that happening.”

Meredith said she also fears new evaluation and bargaining laws could lead to lower pay for teachers, as ISTA has seen many districts propose pay raises that are paid as one-time bonuses that are connected to performance or depend on teachers taking on extra duties.

“Base pay could remain very low,” she said. “If we don’t see change in legislation it may become hard for schools to get teachers because they won’t be able to pay them very much.”

To Bess, however, basing pay heavily on performance provides good incentives for teachers and for principals, whose own ratings depend also on how well their teachers are able to improve student test scores and academic work.

Principals, he said, should want the best teachers and be willing to pay for top teaching talent.

“If a principal wants to make changes in teachers, that impacts student achievement,” he said,” and the principals’ evaluations too.”

Town Hall

Hopson promises more flexibility as Memphis school leaders clear the air with teachers on new curriculum

PHOTO: Laura Faith Kebede
Superintendent Dorsey Hopson answers questions from Memphis teachers at a town hall hosted by United Education Association of Shelby County on Monday.

The Shelby County Schools superintendent told passionate teachers at a union town hall Monday that they can expect more flexibility in how they teach the district’s newest curriculums.

Superintendent Dorsey Hopson said the teachers who score highest on their evaluations should not feel like they need to read from a script to meet district requirements, although he didn’t have an immediate answer to how that would work.

Teacher frustrations were reaching a boiling point on district curriculums introduced this school year. Although the state requirements have changed several times over the last eight years, this change was particularly bothersome to teachers because they feel they are teaching to a “script.”

“Teachers have to be given the autonomy,” Hopson said. Although he cited the need for the district to have some control as teachers are learning, “at the end of the day, if you’re a level 4 or level 5 teacher, and you know your students, there needs to be some flexibility.”

Vocal teachers at the meeting cited check-ins from central office staff as evidence of the overreach.

“I keep hearing people say it’s supplemental but we have people coming into my room making sure we’re following it to a T,” said Amy Dixon a teacher at Snowden School. “We’re expected to follow it … like a script.”

The 90-minute meeting sponsored by the United Education Association of Shelby County drew a crowd of about 100 people to talk about curriculum and what Hopson called “a culture of fear” throughout the district of making a mistake.

Hopson said his team is still working on how to strike the right balance between creativity and continuity across nearly 150 district-run schools because so many students move during the school year.

He reassured despondent teachers he would come up with a plan to meet the needs of teachers and keep curriculums consistent. He said some continuity is needed across schools because many students move a lot during the school year.

“We know we got to make sure that I’m coming from Binghampton and going over to Whitehaven it’s got to be at least somewhat aligned,” he said. “I wish we were a stable, middle-class, not the poorest city in the country, then we wouldn’t have a lot of these issues.”

Ever since Tennessee’s largest district began phasing in parts of an English curriculum called Expeditionary Learning, teachers have complained of being micromanaged, instead of being able to tailor content for their students. The same goes for the new math curriculum Eureka Math.

The district’s changes are meant to line it up with the state. Tennessee’s new language arts and math standards replaced the Common Core curriculum, but in fact, did not deviate much when the final version was released last fall. This is the third change in eight years to state education requirements.

Still, Shelby County Schools cannot fully switch to the new curriculums until they are approved by the Tennessee State Board of Education. District leaders hope both curriculums, which received high marks from a national group that measures curriculum alignment to Common Core, will be added when textbooks are vetted for the 2019-20 school year.

Some urged educators to not think of the new curriculums as “scripts,” and admitted to poorly communicating the changes to teachers.

PHOTO: Laura Faith Kebede
Pam Harris-Giles

“It’s not an expectation that we stand in front of our children and read off a piece of paper,” said Pam Harris-Giles, one of the district’s instructional support directors, who helps coordinate curriculum training and professional development.

Fredricka Vaughn, a teacher at Kirby High School, said that won’t be easy without clear communication of what flexibility will look like for high-performing teachers.

“If you don’t want us to use the word script, then bring back the autonomy,” she said.

Hopson stressed that the state’s largest school district could be a model for public education if everyone can work together to make the new curriculums work.

“It’s going to take work, hard work, everyone aligned from the top, everyone rowing in the same direction.”

Price of entry

Becoming a Colorado teacher could soon require fewer transcripts, more training on English learners

Stephanie Wujek teaches science at Wiggins Middle School , on April 5, 2017 in Wiggins, Colorado. Rural areas are having a hard time finding teachers in areas like math and science. (Photo by RJ Sangosti/The Denver Post)

The rules for becoming a teacher in Colorado are about to change — and officials hope the moves will help attract more math teachers and better prepare educators to work with students learning English.

The changes, which the Colorado Department of Education proposed this week, would also cut down on the paperwork needed to enter the profession and make it easier for teachers licensed in other states to re-enter the classroom after they move to Colorado.

The package of changes also includes a slimmed-down teacher evaluation rubric, the first major revision to the rules under Colorado’s 2010 teacher effectiveness law.

Among the proposed changes:

  • Less paperwork for new teachers. Applicants for a teaching license would no longer have to provide transcripts for every school they attended, only the transcripts for the school that granted them their highest degree. (Many colleges hold transcripts hostage for unpaid debt, even minor ones like unpaid parking tickets.
  • Less paperwork for teachers coming from other states. Experienced, licensed teachers from outside Colorado would no longer need to provide transcripts or prove that their teacher preparation program met Colorado standards.
  • More flexibility about previous teaching experience. Licensed teachers from other states would no longer need to have previously worked under a full-time contract to qualify for a Colorado license.
  • A new credential limited to middle-school math. Right now, Colorado only has a secondary math endorsement, which requires competency in trigonometry and calculus. That’s a barrier for teachers moving from other states with a math endorsement limited to middle school, and some see it as a roadblock for those who feel comfortable with algebra but not higher-level math.
  • Additional pathways for counselors and nurses to get licensed to work in schools.

Two bills making their way through the Colorado General Assembly this session would remove another barrier for out-of-state teachers. To qualify for a Colorado license today, teachers must have had three years of continuous teaching experience. If those bills are signed into law, applicants would only need three years of experience in the previous seven years.

Together, the proposals indicate how Colorado officials are working to make it a little easier to become a teacher in the state, which is facing a shortage in math teachers, counselors, and school nurses, among other specialties, as well as a shortage in many rural districts.

Colleen O’Neil, executive director of educator talent for the Colorado Department of Education, said many of the proposed changes came out of listening sessions focused on the state’s teacher shortage held around the state.  

The changes still don’t mean that if you’re a teacher anywhere in the country, you can easily become a teacher in Colorado. Just six states have full reciprocity, meaning anyone with a license from another state can teach with no additional requirements, according to the Education Commission of the States. Teachers whose licenses and endorsements don’t have a direct equivalent in Colorado would still need to apply for an interim license and then work to meet the standards of the appropriate Colorado license or endorsement.

The rule changes also add some requirements. Among those changes:

  • Prospective teachers will need more training on how to work with students learning English. Most significantly, all educator preparation programs would have to include six semester hours or 90 clock hours of training.
  • So will teachers renewing their licenses. They will need 45 clock hours, though the requirement wouldn’t kick in until the first full five-year cycle after the teacher’s most recent renewal. A teacher who just got her license renewed this year would have nine years to complete that additional training, as the requirement wouldn’t apply until the next renewal cycle. Superintendents in districts where less than 2 percent of the students are English language learners could apply for a waiver.

Colorado’s educator preparation rules already call for specialized training for teaching English language learners, but the rule change makes the requirements more explicit.

“We’re the sixth-largest state for English language learners,” O’Neil said. “We want to make sure our educators are equipped to teach all our learners.”

The rule changes would also “streamline,” in O’Neil’s words, the teacher evaluation process. Here’s what would change:

  • The five teacher quality standards would become four. “Reflection” and “leadership” are combined into “professionalism.”
  • The underlying elements of those standards would be reduced, too. Twenty-seven elements would become 17.

Fifty school districts and one charter collaborative have been testing the new evaluation system this year in a pilot program. O’Neil said most of the feedback has been positive, and the rest of the feedback has been to urge officials to winnow down the standards even further. That’s not a change she would support, O’Neil said.

“The reality is that teaching actually is rocket science,” she said. “There are a lot of practices and elements that go into good teaching.”

The state is accepting additional public comment on the rules until April 20, and a public hearing will be held in May. The new rules are expected to be adopted this summer.

Submit written feedback online or send an email to the State Board of Education at state.board@cde.state.co.us.