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California Students, Parents Sue Over Teacher Firing, Tenure Rules

The L.A. Times reports that a group of students and parents, fed up with what they see as overarching job security in California schools, are suing in the hopes of making harder for poor teachers to stay on the books. From the article: "The lawsuit, filed by the nonprofit, advocacy group Students Matter, contends that these education laws are a violation of the Constitution's equal protection guarantee because they do not ensure that all students have access to an adequate education. Vergara versus California, filed on behalf of nine students and their families, seeks to revamp a dismissal process that the plaintiffs say is too costly and time consuming, lengthen the time it takes for instructors to gain tenure and dismantle the 'last hired, first fired' policies that fail to consider teacher effectiveness. The lawsuit aims to protect the rights of students, teachers and school districts against a "gross disparity" in educational opportunity, lawyers for the plaintiffs said." Perhaps related.

33 of 399 comments (clear)

  1. Dangerous... by broken_chaos · · Score: 5, Insightful

    While in rare cases job security is a problematic issue due to incompetence (or worse, in extreme cases), stripping away job security typically creates even more, worse problems in the long term with an even faster race-to-the-bottom. If this succeeds, they could find themselves, instead, fighting against the school board hiring cheap, less-competent or less-experienced teachers because they can get rid of the expensive, experienced ones quickly and easily.

    Also, teachers are, in most places, unionized (the article doesn't seem to mention if California teachers are or not). Go against the union in such a drastic manner and you may find yourself with a widespread strike on your hands.

    1. Re:Dangerous... by bhcompy · · Score: 4, Informative

      California teachers are unionized under the California Teachers Association, which is the first or second most powerful union in the state. The other most powerful union is the California Correctional Peace Officers Association (prison guards).

    2. Re:Dangerous... by ShanghaiBill · · Score: 5, Insightful

      While in rare cases job security is a problematic issue due to incompetence

      It is NOT rare. 90% of teachers are competent and conscientious. But about 1 in 10 needs to go, and 1 in 10 is not "rare". Nearly every kid will have one or more incompetent teachers during K-12. Both of my kids have had bad teachers. My daughters 7th grade science teacher spoke English so poorly that the kids could not understand her. So she assigned each student a chapter to teach. For the rest of the semester they taught each other, while the teacher sat in the back of the room and watched Youtube videos. Many parents complained about the situation, but that was several years ago, and she is still "teaching". It is absurd that someone like that continues to be employed at taxpayer expense.

      There was a recent report that estimated that a bad teacher can cause $250k/year in economic damage when you consider the lost future earning potential of the ill educated students.

    3. Re:Dangerous... by codepigeon · · Score: 5, Insightful

      "Second of all, all you parents in the room .... pointless stereotyping and rage ...."

      I am a parent in this room. My son is nothing like that. I would say that I don't know any of the kids in his school are like you describe. Those stereotype that people like to throw around are just bullshit. They are probably the same things people said about you when you were in school; and its just as invalid now, as it was then.

      What IS different know, is a concerted 'attack?' on PUBLIC school teachers. I am not sure why. My sister is a third grade teacher, I assume she does a good job. She is however, dirt poor because of low pay and still ends up buying her own room supplies. I am not sure why anyone would want to be a public school teacher these days. Maybe thats the goal.

      Why don't you look in the mirror and ask yourself why you like to think and write about whore school girls in see through leggings with no underwear.

    4. Re:Dangerous... by jedidiah · · Score: 4, Insightful

      > First of all, why is the Teacher's Union demonized here but the prison guards or border guards' union is not?

      Who is going to complain about prison guards? Felons?

      Out of sight, out of mind...

      Teachers, on the other hand, will be coming into contact with plenty of respectable types like voters and homeowners and small business owners.

      No one cares if the prisons fail to rehabilitate people. Felons have already been written off by society. The same can't be said of schools and teachers.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:Dangerous... by KalvinB · · Score: 4, Insightful

      Because the average person doesn't have to suffer the consequences of the prison system?

      The real problem is, you are right and the anti-union people are right. Last hired - first fired policies do nothing to protect quality teachers. And policy that doesn't consider the teacher is a policy that has no interest in the educational quality being provided by a school. The work environment that administrators continue to force teachers to work in with miserable pay do nothing to attract high quality educators. And the result is a miserable education system.

      The unions fought for the 40 hour work week back in the day and the alleged teacher "unions" force teachers to work unreasonable hours for unreasonable pay.

      Funny how businesses that attract competent talent don't require union protections to keep their employees around.

    6. Re:Dangerous... by femtobyte · · Score: 4, Insightful

      I had my run-in with the occasional terrible teacher, who should not have been teaching. I also had some really excellent teachers, who can be credited with a large portion of my success in life. Guess who gets driven out first when working conditions are made increasingly shitty? When teachers are underpaid, overworked, disrespected by management, then the ones who are best (combination of academic excellence and natural leadership) will eventually burn out on their altruism and take one of the many much higher paying jobs that they are more than qualified for. The ones who are petty authoritarian teach-to-the-test dimwits, with no prospects for better employment, stick around forever. Unions aren't keeping the bad teachers in --- self-serving slimeballs will cling on no matter what, and will gladly game the system to look good on a shallow management-driven metrics system. Unions are keeping the good teachers in, giving people a rewarding professional career.

    7. Re:Dangerous... by Nite_Hawk · · Score: 4, Insightful

      You aren't thinking very hard. Judges are the same.

      Teachers and professors have controversial jobs and once they've (theoretically) proven themselves to be competent, tenure is supposed to protect them from outside influences just like we try to protect our judges. We (at least once upon a time) deemed academic freedom to be so valuable that we'd suffer some teachers milking their tenure for the benefit that all of the others could teach our society to the best of their ability without fear of retribution.

      Now we under pay our teachers, force them to follow standardized curriculum and testing, and even try to ban subjects that aren't compatible with existing societal beliefs regardless of academic rigor. In a world where teachers are underpaid and have little freedom to teach to anything but a standardized test, tenure probably is worthless. It wasn't always so though, and I for one think we are worse off because of it.

    8. Re:Dangerous... by sumdumass · · Score: 4, Interesting

      There used to be a saying that went something like those who can will do, those who cannot will teach, those who cannot teach will coach and those who cannot coach will become politicians.

      There is not a teacher shortage- there is an ability to pay teachers shortage. I know of plenty of teachers with state credentials who cannot find work because there either is not enough room in the schools or schools are pinching their budgets so tight that increasing class room size and decreasing teachers is a way to pay for it. These teachers have been on the substitution lists for years and actually hold other jobs waiting for an opening which is usually created by someone retiring unless a new school is built. Some of them have went into the charter/private schools arena in order to put their teaching credentials to use. It's probably no wonder why people claim the charter schools produce better students- they end up with not only picking and choosing the students but with the fresh and innovative new talent to teach them.

    9. Re:Dangerous... by ShanghaiBill · · Score: 4, Informative

      There already is a teacher shortage across the country.

      Not true at all. Most job openings for teachers attract hundreds of qualified applicants for a single position. A local job fair for teachers attracted 700 people, with a line snaking around the block. You can Google for many other examples. Teachers in California make over $70k on average, get off at 4pm, get three months of vacation, and have gold-plated medical and retirement plans. Why would there be a shortage?

    10. Re:Dangerous... by Anonymous Coward · · Score: 5, Insightful

      Teacher here. Sure, in theory I have a couple of months off in the summer. BUT, the other 9.5 months a year, I routinely work 12 or more hours a day for 5 days a week plus at least another 5 to 8 hours on the weekend. Which is 65 hours a week minimum, not including the extra busy times (parent-teacher conferences, state testing times, finals, etc.) or the extra-curricular activities.

      This week, outside of 'work' hours, I will coach soccer practice a couple of times plus coaching at a soccer game. I will attend a basketball game to further support my students. I will take paperwork home so that I can help students with their homework during school hours, instead. I will attend three meetings and chair a fourth. If the need arises, I will call students' parents. Additionally, I will eat my lunch standing up while supervising the students' lunch time. (Also this week, but not typical, I will chaperon a dance on Saturday evening.) All of this is in addition to my 'job' of teaching the students.

      Why would there be a shortage of teachers? Because not everyone can handle 6 hours a day being *the only adult* in a room with 20 to 30 (or more) teenagers? Not just 'handle' of course, but actually work hard to help those teenagers, even when they are too immature to understand that they need help, and even when they actively fight against your help? Who could pass up a job like this?

    11. Re:Dangerous... by Evtim · · Score: 4, Insightful

      Teachers are not scientist? What the hell are you smoking? I have a teacher's MSc in chemistry and physics. Due to the low image of the profession, the politicized curriculum and the low pay I have worked the job for a few months only.

      Since then I am a developer in one of the most advance high tech start ups in the world [semiconductors].

      There is also something else that you miss - as a teacher in high schools I don't need to know cosmology at the level of Hawking or string theory at the level of Green. But I must be able yo explain Newtonian mechanics [for instance] in a manner that would be suitable for high shoolers. And this, my friend, is a fucking art and it is difficult as hell! If you want to do it properly, of course...

      Trust me, to explain a concept to a researcher or post graduate, who already has all the basics of the scientific method in their heads and years and years of analytical thinking is peanuts, compare to explaining basic concept such as mass/energy relation to high school students.

      Take a look at Richard Feynman. Why was he considered one of the greatest educators of all time? Because of his Nobel price? Of course not. Because he was a bloody genius when it came to transferring knowledge. He also had excellent oratorical skills and was very good actor [you need this as a teacher, trust me]. Feynman was the exception that combined genius level scientist with genius level educator. Such cases are rare, but not needed per se - as a teacher you only need to understand the concepts very well, genius level science-making is not required. And as a general rule - most science geniuses are NOT good educators.

      End with a quote from my favorite writer:

      "Ponder realized he can explain the theory of thaum very well, provided the other person knew everything about it already"

    12. Re:Dangerous... by Solandri · · Score: 4, Insightful

      There is not a teacher shortage- there is an ability to pay teachers shortage. I know of plenty of teachers with state credentials who cannot find work because there either is not enough room in the schools or schools are pinching their budgets so tight that increasing class room size and decreasing teachers is a way to pay for it.

      There is no shortage in ability to pay teachers. The U.S. spends more on education per student than any other country in the world. It's ludicrous to even suggest we're not spending enough on education.

      The problem is is an overabundance of administrators who siphon away money from teachers and kids. In the few school budgets I was able to dig up, administration payroll accounted for over half of total payroll.

  2. Tenure? by benjfowler · · Score: 5, Insightful

    Sorry, did I read that correctly?

    Tenure? In state-funded primary and secondary schools? In a country as brutally meritocratic as the US?

    Tenure is meant to promote academic freedom and allow brilliant scientists with a proven track record to express potentially unpopular idea.

    It's not meant as lifelong guaranteed employment for people who can't cut it in the real world.

    Any idea that seniority should come ahead of ability is fucking bullshit anywhere, but especially when educating our youth. Japan does this, and it's a fucking basketcase. We are better than that.

    1. Re:Tenure? by Rockoon · · Score: 4, Insightful

      Saying that teachers should be suddenly stripped of their tenure status/benefits is the same as stockholders saying that CEOs should be stripped of their golden parachutes.

      Umm, no it isn't.

      Nobody forced you to buy stock. The government IS forcing you to pay for these teachers.

      People knew damned well what they were getting into, kicked the can down the road and now someone has to pay the piper.

      People that arent paying for it now, kicked that can down that road. It was wrong of them to do it.

      Now tell me which is worse?

      A) Violating their contracts by firing some teachers that happen to be fucking up our children.
      B) Forcing people that had no say whatsoever in the matter to honor a contract that they never would have agreed to had it been their decision.

      The problem with public sector unions and these "in the future" provisions is that none of the people at the negotiating table have to face the consequences they are negotiating over. None of them have to face the consequences so long as we continue to say that the contract must be honored above all else.

      I say fuck that, the contract was immediately void because the contract imposed an obligation on unrepresented people (people that werent even born yet, in fact.) The people still around who are in the greatest position to have known the injustice of such a contract if upheld and could have made choices about it are precisely those teachers with tenure, yet they chose to try to benefit from that very injustice for which we are discussing. They neither deserve nor should they entertain the protection of law on this matter at all, yet here they are trying desperately to use the law as a weapon against innocent people so that they themselves can benefit. Fuck them. Fuck them. Fuck them.

      --
      "His name was James Damore."
    2. Re:Tenure? by dkleinsc · · Score: 5, Interesting

      Tenure? In state-funded primary and secondary schools? In a country as brutally meritocratic as the US?

      Well, let me tell you of a couple of situations in my hometown in which tenure saved teachers' job.

      The first teacher in question taught history, and one of his elective courses was focused on radical protest movements from 1950-1975. The thing was that many conservative elements in town wanted the course to not exist, or at the very least state quite clearly that all the radical protest movements were because of spies from the USSR. They had the ear of the dyed-in-wool conservative mayor, who in this city's structure was also the chair of the school board. They tried several tactics to fire him, including trying to convince the union to accept some nice cash benefits if they allowed a provision in the contract to create a process for firing teachers that were presenting content "detrimental to the community" or similar nonsense. The teacher continued to teach until his retirement, which allowed students to learn about that period in US history in a way that neither their textbooks nor their parents were really showing them.

      The second teacher in question was the advisor of the award-winning school paper. Said award-winning school paper did some investigative journalism and discovered some not-nice things about an assistant superintendent, which they duly published. The assistant superintendent reacted by driving to the school, barging into the paper office, and almost physically threatening the student editor who happened to be there at the time. The paper of course duly reported on this incident in their next issue, so the assistant superintendent went to the advisor and demanded that the advisor give the entire editorial board suspensions for insubordination or some-such. The advisor refused, so the assistant superintendent immediately tried to get him fired.

      So yes, tenure can and does matter, even for primary and secondary teachers.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  3. Re:Tenure is BS by Polo · · Score: 5, Insightful

    I thought tenure was a way to keep administrators from messing with academic freedom. Without it teachers would "follow the party line" and never research or teach anything controversial.

  4. Biased Idea From Onset by Frosty+Piss · · Score: 5, Insightful

    It's easy to talk of "bad teachers" and say that unions keep them employed. But the truth is that "bad teachers" are the minority. Unions keep more "good teachers" employed at a livable wage than "bad teachers".

    It is normal that the minority get the spotlight, just as it is normal that the Chihuahua barks the loudest.

    --
    If you want news from today, you have to come back tomorrow.
  5. Re:This is a scam by Jah-Wren+Ryel · · Score: 5, Informative

    Interestingly, Obama always supported the all-powerful teachers union in Chicago, who managed to get working conditions so good for their members that the schools had to cut the number of teaching days to afford those gold-plated teachers.

    Interestingly, that seems to be completely made up.

    In 2012 there were 170 teaching days for elementary school teachers. After the strike and contract negotiations there were 180 teaching days in 2013. High school teachers also had a 10 day increase. In both cases, the length of the work day also increased (see the same link as before).

    --
    When information is power, privacy is freedom.
  6. Re:Suing won't help by couchslug · · Score: 4, Interesting

    There is FAR more to union protection of teachers than featherbedding.

    The people to blame for many school problems and whose effect is largely ignored in the current debate are school administrations.

    Here's a classic written by a (now retired) terrific science teacher who fought the Rutherford, NJ, administration over how they tested students and won in court after a protracted struggle. Steve Masone greatly inspired many of his students, self included. He had the guts to take on a pretty toxic administration when he could have just coasted and sacrificed his students instead.

    http://www.hammerofchalk.com/

    The administrators concerned retired comfortably without consequences to their careers.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  7. Re:Suing won't help by bhcompy · · Score: 4, Insightful

    And that was an unprecedented show of government authority when it happened. It is highly highly unusual, and generally requires intervention from the highest level, such as when Reagan told the aircontrollers' union to fuck off

  8. Re:Tenure is BS by lister+king+of+smeg · · Score: 4, Insightful

    Since when have k-12 teachers been researchers?

    --
    ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
  9. Re:This is a scam by Electricity+Likes+Me · · Score: 5, Insightful

    Except professors don't teach at high schools, which is what this seems to be about.

    And probably more to the point, the bigger problem is no one can agree on what a bad teacher is to be measured by beyond anecdotes. But I strongly suspect its "shouldn't have given my child a bad grade!"

  10. Umm no by Anonymous Coward · · Score: 4, Informative

    A little Googling indicates the prison guard union in CA gives twice as much to Democrats as Republicans, and spends much more than that on ballot initiatives.

  11. Re:Teachers Never Get Fired by codepigeon · · Score: 4, Informative

    I had a teacher who was a minotaur. We complained to the superintendant but he wouldn't do anything.

    He would show up 20 minutes late, shit all over the floor, and complain about the humans who tresspass in his forest.

    He wasn't even trying to do his job, but I guess competence or dedication of a teacher can never be questioned.

    This is a true story. Its on the internet so you know its true.

  12. Re:This is a scam by winwar · · Score: 5, Interesting

    There is no teacher shortage.

    When you hear that schools are having a difficult time getting teachers, that indicates that the school/district/state is an awful place to work.

    It's not unusual for there to be five applicants for every science position. There could be 30 for an English position. It's even worse for primary education. The only place there might be a shortage is in Special Education.

  13. I can't believe we employ any of them, honestly. by phmadore · · Score: 4, Informative

    I thought everyone else on here would feel like me, and that's that school was a goddamn bad and nefarious joke after the 6th grade or so. I muscled through it because I've always understood that you have to play by the rules to an extent, you have to do a certain number of things to keep the system satisfied with you or you'll lose out in some major way or another. EG, had I not graduated, it might have been a lot harder to get into the school I'm now attending. Still, though, the fact that all these educators who were such fucking rank-and-file, stick-close-to-curriculum (party line, that is, in Mass.) bullshitters earned such a great living doing it... it really opened my eyes to exactly how fucked this world is. I think the goal of the education system should be to get kids to want to seek knowledge on their own. Any teacher who doesn't do that is failing. All of the teachers in my school career who did that? They were way before high school. High school is a bad joke, I'm sorry. Elementary school is where the most money should be spent, if you ask me. And I think there should be a lot - a lot - more technology instruction at that level. I think kids who show aptitude in technology and science should be given the tools, no matter their background, to continue to succeed in those fields -- if it interests them enough to fill out these forms and do these steps. Later it leads to internships? Imagine if they had something like that when we were going to school, 20-somethings. Think of where we'd be.

  14. Screwing the Experienced and Competent by Irate+Engineer · · Score: 4, Insightful

    And adding to this, the 90% of the teachers that are competent and conscientious really would LOVE to have the remaining 10% shown to the door. They really would, as those 10% are a drag on the rest of the faculty.

    The problem is the double-edged sword of tenure. Remove the tenure protections and yeah, you get to fire those 10%. But in the meantime you've put those good 90% in the position where they have no job security and get watch their already low salaries stagnate relative to the rest of the economy, and they also need to worry about being fired for personal politics. A lot of those 90% are going to throw in the towel and walk out the door at some point.

    So who will be left teaching your kids? Any recently graduated kid with a bachelor's degree who can pass the mirror test. And they'll stick around just long enough to A) get fired for complete and gross incompetence or B) get some experience and quickly move on to something else far more rewarding and lucrative. Oh sure, you might get a handful of golden souls who really give a damn and can suck up these crappy conditions because they are already retired from another profession or have a spouse who is making good money, but these folks are one in a million.

    Tenure is a flawed system for sure. Bad people will look good just long enough to get tenure, then they will drag their feet until retirement, not caring a whit about anything. But that same tenure is a huge perk that the good 90% enjoy and desperately need for them to do what they do for the pay that they get.

    Full disclosure - I am a tenure-track college professor and a member of my state teacher's union.

    --

    Left MS Windows for Linux Mint and never looked back!

    Vote for Bernie in 2016!

  15. ...Because most teachers max out well before that! by Pizza · · Score: 4, Informative

    When you factor in the cost of living in CA, $70k doesn't go all that far....

    But I digress. Six years ago, starting pay for a *full-time* high school teacher in my former home county of Brevard, FL, was $22k, with another $3k/yr bonus for a "high demand" science/math teacher. Since then, benefits, class sizes, and general conditions have only grown worse. The teachers I know (and I know many) routinely put in 10+ hour days, plus more weekends than not.

    --
    -- I ain't broke, but I'm badly bent.
  16. Re:This is a scam by lucm · · Score: 4, Interesting

    Is there any demonstrated correlation between college grads and losing a few teaching days?

    10 calendar days per year less than the national average. 1 hour less per day than the national average. This adds up to Chicago students losing two full school years (or more) compared to the national average by the time they get to college.

    I don't know if you really need a scientific study to make the demonstration that 2 years is a huge gap, but one thing is for sure: the odds that such study could be done by someone who went to school in Chicago are tiny - with a college graduation rate of 12%, which is 1/3 of the national average and even lower than Alaska.

    --
    lucm, indeed.
  17. Re:This is a scam by mordenkhai · · Score: 4, Insightful

    Because none of those others who has to get a degree to become a professional have to deal with children. In addition I haven't heard of any CEO having his mother come to the board meeting and complaining that her boy isn't getting the job done because the board isn't helping him after work enough, while ignoring that little Steve Balmer has missed 10 days of work this quarter, and it still isn't his fault that people don't like Windows 8 UI designs.

    Should there be some form of performance metric? Sure. It needs to be very carefully set up though, and the child's own performance needs to be a part of it as well as the parents. NO teacher is going to be able teach calculus to a kid who skips 2 days a week to babysit for his siblings because his parent(s) can't afford childcare. It also needs to be politics resistant, I don't want my kids teacher worried about their job because some new guy won an election. I want them worried about how to best teach the next chapter, and that is it.

  18. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  19. Re:This is a scam by vux984 · · Score: 4, Insightful

    By the time they get to college, this "tiny difference" adds up to more than one semester.

    Not all tiny differences add up. My parents used to pull me out of school for a week most years for family vacations etc. Over the course of school from K-12 then I lost a full semester easy. Plus the flus, doctors appointments, deaths in the family, snow days, easily another couple months. I STILL maintain it didn't cost my education anything at all -- and that was me actively "missing" actual classroom time where the other students were still present, vs the school just not having school for that time.

    This applies to everyone, including people from Chicago. If you consider that people "clock out" an hour early, then Chicago students (and teachers) also do, so the gap remains the same.

    Again no. They don't mentally check out an "hour early"; they mentally check out after they've hit their concentration / absorption / knowledge retention limit, or whatever you'd like to call it; or completed their major tasks for the day. Extending or shortening the "day" by an hour makes no difference to how long you can concentrate. It just changes how much time you waste after your 'done'.

    [...] you can discard that because it's a mere 0.13$ in his pockets every minute...

    No I can't discard taht. Because that's 13 cents a minute every minute. Its a small value, but it accumulates in a very understable way. But not everything works like that. Learning is more "chunky"; in that you learn in chunks. When I took math, for example, I was good at it, I absorbed a typical "lesson" within the first 10-15 minutes of the class, and then got bored. Some of my classmates had a rougher time, and it took most of the lesson. Others just didn't grok it even with 45 minutes, and needed after school tutors etc.

    But the point is the lesson is absorbed as a chunk. Adding 1 minute to each math class I ever took would have been several hours more "math class" in my life but with no benefit to me whatsoever. The teacher wouldn't present 1/60th of a new concept in that extra minute that would graually accumulate and be the equivalent of university Calculus I by the end of highschool. That's not how learning works, spending 1 extra minute each day doesn't give you an extra lesson learned after the end of each month.

    Either the teacher has enough time to teach the concepts or they don't. Kids learn at different rates, so the average lesson is designed around most of the kids fully understanding it within the first half of the period; the last half is is for the slower kids, and for practice problems.

    Adding a minute to each class would have accomplished essentially nothing. It doesn't accumulate benefit the way getting paid a few cents extra per minute does.