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Teacher Tenure Laws Ruled Unconstitutional In California

An anonymous reader writes "Tenure laws one of the most controversial aspects of education reform, and now the tide seems to be turning against them. A California judge has handed down a ruling that such laws are unconstitutional, depriving students of an education by sometimes securing positions held by bad teachers. The judge said, "Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students. The evidence is compelling. Indeed, it shocks the conscience." The plaintiff's case was that "California's current laws make it impossible to get rid of the system's numerous low-performing and incompetent teachers; that seniority rules requiring the newest teachers to be laid off first were harmful; and that granting tenure to teachers after only two years on the job was farcical, offering far too little time for a fair assessment of their skills." This is a precedent-setting case, and there will likely be many similar cases around the country as tenure is challenged with this new ammunition."

519 comments

  1. You make it... by HotNeedleOfInquiry · · Score: 1, Insightful

    Sound like it is a bad thing...

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:You make it... by Noah+Haders · · Score: 5, Insightful

      this is the best news to happen to k-12 education in a long time.

      some background facts. primary school tenure was first designed as part of the progressive movement in the early 1900s. At the time a teaching position was a super sweet patronage position that a politician awarded his friends. teachers didn't actually do anything, and were replaced when the next pol came in. Nobody was learning!

      one of the successes of the progressive movement was to make a professional class of primary school teachers who were insulated from political fortunes and were professionally schooled in the art of teaching. This was accomplished through employment contracts that made it really hard to fire teachers.

      but the reasons that necessitated tenure are long gone, and all teachers are protected under the standard laws for hiring and firing, which cover us all. They also have a strong union that will ensure protections. So there's no need for special laws that give teachers more advantages than everybody else at the expense of their students.

    2. Re:You make it... by Anonymous Coward · · Score: 5, Informative

      Oh, it's a bad thing, depending on which way you look at it. For union busters this means you can finally sacrifice the weak and infirm on the altar of efficiency. For education activists this means teachers will be more concerned with their job security than ever before, creating a chilling effect in alternative curricula and teaching styles that would reach kids the system would otherwise fail.

      In other words, the education system is about to get a whole lot more one-size-fits-all in California.

    3. Re:You make it... by mc6809e · · Score: 1

      Oh, it's a bad thing, depending on which way you look at it. For union busters this means you can finally sacrifice the weak and infirm on the altar of efficiency.

      Wait. Are you talking about the children or the teachers?

    4. Re:You make it... by the+eric+conspiracy · · Score: 5, Interesting

      Uhhh most states have 'fire at will' laws that mean you can get rid of a person for any reason or no reason whatsoever.

      The long history of public employment abuse definitely shows some sort protection is needed.

    5. Re:You make it... by nickittynickname · · Score: 3

      1) The abuses go both ways. That's why the need for tenure is in question in the first place. At every place I ever worked, even though it's at will employment, management made sure to have a good case together before letting anyone go out of fear of any litigation. Through the court system there is some level of protection if rights are being violated.

      2) You second statement can be said for anything. "The long history of [insert whatever you want here] abuse definitely shows some sort of protection is needed."

    6. Re:You make it... by TWX · · Score: 3, Insightful

      Some of the details of California's rules really seemed ripe for this ruling, but I don't think that it's ultimately necessary to throw out the entire concept. Case in point, two years? That is too short. The word "tenure" itself was based on an expectation that it would take ten years to get there.

      On the other hand, teachers can only work with the students that they are assigned. The only way to fairly assess teacher performance is to compare not only the performance of the students during the year that they're assigned to that teacher, but to compare all other years both before and after.

      The simplest way to do this is to remove assessment from the teacher's responsibilities. Let teachers teach, let section, unit, quarter, and semester tests be a function of the school district or the state, and use curriculum services to ensure that what the teachers are asked to teach actually matches what the district or state expects them to do. This frees up teacher time from rote grading of exams, and lets them spend more time on their lesson plans and on extra assistance if students need it.

      The other advantage is that now one can track both the student's achievement across multiple teachers, and the teachers' achievement across multiple students over multiple years, and how those students have done as they've progressed through the grades. This allows the school district as the employer to identify teachers that are struggling or are bad-fits for the grades that they're teaching, or to identify teachers whose majority of students do poorly for the long term. It also lets the system identify teachers that receive severely underperforming students, to honestly assess how they do with students that come in to a school year without the fundamentals needed to succeed on the level that they're normally expected to.

      It can also show exemplary teachers that take students that are highly underperforming and bringing them up to levels to succeed.

      --
      Do not look into laser with remaining eye.
    7. Re:You make it... by Anonymous Coward · · Score: 0

      Because the 'fire at will' in the private sector is so horrendous that we should change it?

      Muahahahhaahahahahahahahaha.

      Hypocrites.

    8. Re:You make it... by Anonymous Coward · · Score: 1

      So you would have no problem with a school district firing every teacher that refused to teach creationism since tenure could be abused.

    9. Re:You make it... by fredprado · · Score: 1

      And that is just one of the many many motives because education should not be managed by the government. It can be paid by the government, but putting the government to manage it opens the doors for all kinds of abuse in addition to government's natural inefficiency. Either you have overprotect employees that can do or not do anything and are all but unfireable or you have employees fired because of political and bureaucratic motives regardless of their competence.

    10. Re:You make it... by Totenglocke · · Score: 1, Insightful

      The administrator doing that would be sued into oblivion and never work in education again. Seriously, people love to make up absurd circumstances for why we need strict government control over certain things, yet those things would never happen due to the consequences.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    11. Re:You make it... by Anonymous Coward · · Score: 0

      Are you talking about the children or the teachers?

      Yes.

    12. Re:You make it... by Anonymous Coward · · Score: 3, Insightful

      What consequences? You took out due process. Now that you have removed due process, any elected school board member can just fire all those teachers.

    13. Re:You make it... by Anonymous Coward · · Score: 5, Insightful

      In every job I've ever held (IT and later engineering), I've seen employees abused by management. The employees ranged from bad to mediocre to great.

      Unpaid OT (as non-exempt), unpaid on-call time 24/7/365, vacation blackouts with a use-it-or-lose-it policy, reprimands for not completing insane workloads and salary / promotion denial are some of the ways in which I have personally witnessed management abusing employees. Some of these things not only happened to myself, but the majority of my coworkers at 4 separate mid to large organizations.

      You will not normally win a lawsuit against your employer with the current labor laws. They will get away with abuse after abuse until something changes.

      These corporations thrive through abusing the working class. Stop defending this behavior.

    14. Re:You make it... by Luckyo · · Score: 2

      Sued for what exactly?

    15. Re:You make it... by msauve · · Score: 1

      "people love to make up absurd circumstances for why we need strict government control over certain things"

      Seems to me that strict government control over government funded education (i.e. public schools) is legitimate. I await your argument as to why it's not.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    16. Re:You make it... by Anonymous Coward · · Score: 1
    17. Re:You make it... by pete6677 · · Score: 3, Insightful

      That's very very unlikely to happen. The school board and parents would come down hard on any administrator who was that dumb.

      Should we give IT workers tenure too? What if the boss threatened to fire everyone who doesn't want to program in VB6? See I too can come up with completely ridiculous examples to prove non-existent points.

    18. Re:You make it... by Jack9 · · Score: 1

      > In other words, the education system is about to get a whole lot more one-size-fits-all in California.

      That was the whole point of the suit.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    19. Re:You make it... by Euler · · Score: 1

      Employers (school boards) are not specifically all a bunch of fat cat a-holes walking around looking for people to fire. They will absolutely retain people who do their jobs well. What is the specific conflict of interest inherent to the teaching industry that requires tenure as compared to other industries?

    20. Re:You make it... by pete6677 · · Score: 2

      Tenure would do nothing to stop this, and would in fact make it worse. Without tenure, you're free to go work somewhere else if you find the current environment too oppressive. Anyone working in IT knows the importance of being able to switch jobs. You can't plan on working in one place forever. If there were tenure, you would be unable to switch jobs without starting on the bottom at the new place. Good luck escaping a bad work environment under that system! Imagine the horrible political environment that would result from management trying to force out a tenured employee that they couldn't fire, so the only way is to make the environment so miserable the person quits.

    21. Re:You make it... by physicsphairy · · Score: 4, Informative

      The word "tenure" itself was based on an expectation that it would take ten years to get there.

      It actually stems from the Latin word tenere meaning to hold, as in tenant, tenacity, etc. It's not etymologically related to the number ten.

    22. Re:You make it... by Anonymous Coward · · Score: 0

      You've removed due process. Who said that it was an administration that did the firing? It could be a school board member doing it.

      If IT people had tenure maybe then we wouldn't have competent people being fired in place of cheaper labor. Then me might not see things like Target having all their customers credit cards stollen.

    23. Re:You make it... by JimSadler · · Score: 3, Interesting

      Not all states allow unions to have much power at all. Favoritism and influence can play a huge part in getting School Board employees wrongfully fired. I will not say that I have never seen a lousy teacher but they are rare. I have seen numerous students that never should have been allowed in a classroom. Teachers have not been allowed to fail many students that need to be failed. In my area it seems that the teachers must beg and cajole students not to drop out of school as our beaches and the like are far too tempting and the curse of the GED diplomas causes kids to quite school early. I would suggest that no driver's license be allowed for school drop outs before the age of 35. That one law would stop half of our drop outs from happening. I would also like to se employers refusing to accept drop outs or GED graduates.

    24. Re:You make it... by Lawrence_Bird · · Score: 0

      And you have the right to leave at any time as well

    25. Re:You make it... by fustakrakich · · Score: 4, Insightful

      The abuses go both ways.

      No, the abuse is always top down. The more power, the more abuse. And why should we have to go to court for every damn thing? That's half the problem anyway, write crappy rules and let the courts "fix" it. Damn lawyers have more clout than anybody... well, after accountants..

      --
      “He’s not deformed, he’s just drunk!”
    26. Re:You make it... by rtb61 · · Score: 1, Insightful

      You missed bits and pieces like. Whose fault is the student teacher ratio, the students, the teachers or the administration. Interactive learning experiences that help engage students in learning and put lessons skills into practice, how often are they provided, student's fault, teacher's fault or administration's fault. How about teachers skills, science teachers teaching science, maths teachers teaching math, computer teachers teaching computers, so inappropriate teacher assignment, student's fault, teacher's fault or administration's fault. Quality of teaching environment, student's fault, teacher's fault or administration's fault. Hmm, you know what, politicians purposeful running public schools into the ground by reducing funding, screwing around with student teacher ratios, cutting back on learning experiences and providing a poor quality learning environment and then blaming it all on teachers are real douche bags.

      What is the impact of chopping and changing teachers mid-school. Tenure must be earned and can readily be denied by the simple act of letting the teacher go prior to earning tenure and tenure also binds the teacher to the school to take another position means giving up tenure.

      So some politically motivated judge makes a pretty crap ruling based upon ideology and not law. As no teacher is bound to the students, they are bound to the school and only after having substantiated their worth over an extended period and basically can only be fired for failing to perform their duties properly and not because of random short term cut backs, politics, beliefs or any other biased reason. This to create a stable and properly structured learning environment for the students, sound teacher retention practices are really required. Of course for knee jerk right wing idiots with little knowledge or understanding of anything outside of their own personal greed, how well schools run, meh who gives a crap, as long as you can blame the failure on someone else whilst cashing in.

      --
      Chaos - everything, everywhere, everywhen
    27. Re:You make it... by Cryacin · · Score: 5, Insightful

      I love hearing the terms "protected by US employment law". It sounds akin to "protected from flame thrower by first dousing one self with canister of petrol".

      --
      Science advances one funeral at a time- Max Planck
    28. Re:You make it... by nickittynickname · · Score: 1

      Great points. Also, look at every other post where teacher's complain about pay. They always talk about being overworked and working in illegal conditions - no lunch, no breaks, working over 60+ hours a week. Has tenure helped them, apparently not.

    29. Re:You make it... by Anonymous Coward · · Score: 0

      Because everyone makes decisions based on fact and merit and not their own personal politics/feelings/perspective, right?

    30. Re:You make it... by QuietLagoon · · Score: 1

      ... I don't think that it's ultimately necessary to throw out the entire concept ...

      Agreed.

      .
      Tenure was designed for college-level professors so that they could conduct their basic research without concern for short-term profit.

      To apply such a noble cause to sub-college teachers is a travesty of concept.

      And I say this, having been influenced by an awesome teacher during my high school years.

      Put into place a evaluation system based upon the quality of the teacher.

      Do Not put into place an evaluation system based upon the teachers going on strike in order to get that system activated.

    31. Re: You make it... by Anonymous Coward · · Score: 0

      That is more an argument about the centralized government monopoly of education. What if an administrator only hired teachers who taught creationism, and then they couldn't be fired? In a competitive marketplace, the consumer can walk away from bad companies.

    32. Re:You make it... by twistedcubic · · Score: 2

      In real life, the opposite is true, unfortunately. Even without tenure, incompetent teachers will never get fired, UNLESS they either get active in union politics or express mildly controversial opinions. An obedient drone who doesn't do his job is nevertheless an obedient drone, and thus is not threatening to administrators.

    33. Re:You make it... by Anonymous Coward · · Score: 0

      And if we didn't have tenured teachers, maybe you would know how to spell.

    34. Re:You make it... by twistedcubic · · Score: 4, Insightful

      Of course, now the best teachers will flock to the poorest schools since they no longer have job security. It's about time! I refuse to work for any Wall Street firm which gives year-end bonuses. How can you attract the best and brightest by making the job more attractive? That's insane.

    35. Re:You make it... by dentin · · Score: 4, Insightful

      While I can at some level understand refusing dropouts, refusing GED graduates is stupid. The GED is basically the outer 'catch' block of the primary school system, and without it, there's no legitimate way to get a diploma if you have unusual circumstances. The fact that some kids use it to 'escape' primary school should tell you that there's either a problem with primary schooling, or that the GED process isn't sufficiently strong - but in both cases, the solution to the problem is NOT to make the GED worthless.

      --
      Alter Aeon Multiclass MUD - http://www.alteraeon.com
    36. Re:You make it... by Kohath · · Score: 2

      That's your argument? It's OK to cheat poor kids out of an education because ... religious bogeymen might do scary things?

    37. Re:You make it... by Kohath · · Score: 1

      You've removed due process

      Your "due process" was depriving poor kids of the chance to get a basic education. That's why you lost. Come up with a way to have "due process" without cheating poor kids out of an education.

    38. Re:You make it... by cavreader · · Score: 1

      There is not a profession out there where employees do not complain about being under paid and overworked. However teachers salaries should fall into the same range as engineers, doctors, lawyers, and other professions sitting at the top of the pay scale. Higher pay scales would attract better teachers who cannot live on a current teachers salary. Teachers should be aggressively recruited the same way Google and other companies attract the best talent.

    39. Re:You make it... by niftymitch · · Score: 1

      1) The abuses go both ways. That's why the need for tenure is in question in the first place. ......

      One historic reason for tenure had to do with "radical/educated opinions". Mostly
      this was the world of higher education where the teacher was the teacher and
      perhaps an authority. Some cases of tenure they do batten down the hatches and
      lock out new ideas -- i.e. tenure was and is the power base in higher education.

      Today the teacher must teach to a syllabus and has little or no flexibility on content
      or approach. Today we are seeing an astounding administrative and legislative pressures
      to conform. There are external symptoms but it is rare or impossible for a parent
      to invade the information and policy bubble that is K-12 education in Amerika...

      One symptom is evident in the execution of zero tolerance policies. We see arrests
      at public forums where a parent takes more than his permitted two minutes. We see
      expulsion and arrest when a child draws a picture of a weapon or just points.
      Hidden in all this is the reality that deviating from the prescribed plan is grounds for
      termination despite what tenure implies. Contracts between the union and school
      systems are extensive... one account on CNN noted a contract that was +1000 pages.

      Note that in some parts of 'merica zero tolerance is code for intolerance in
      how it is enforced by narrow arrogant minds. Try and converse with educators
      and you get ignored or shut out.... it is perhaps the worst example of an
      information bubble.... It is fueled by the likes of STEM and national standardized
      tests. From time to time we hear of legislators defining Pi to be some silly
      number.

      The size and budget of the national education budget is astounding and
      has almost no external audit control. Pay attention....

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    40. Re:You make it... by Euler · · Score: 1

      It would only take a few motivated parents to vote in new school board members to remedy that.

    41. Re:You make it... by Euler · · Score: 1

      Life is hardly based on facts - that information just isn't always available. Humans generally create good outcomes based on limited information. When school administrator have wildly bad judgement they usually get booted out by parents and/or school board.

    42. Re:You make it... by niftymitch · · Score: 1

      So you would have no problem with a school district firing every teacher that refused to teach creationism since tenure could be abused.

      But that would never be the cause for termination.
      Tardy, dress code, poor student test scores, relentless audits in class
      to include remote surveillance both audio and video today.

      Too many trouble makers assigned in to the class... becomes inability
      to manage the class. Slow duplication services... no supplies...
      followed by diverting of supplies without authorization from other
      class rooms. Meetings always at the wrong time... Slow authorization
      of continuing education to miss deadlines for required continuing
      education points...

      The inverse of the slack given to winning coaches...

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    43. Re:You make it... by Anonymous Coward · · Score: 1

      Consequences? The same consequences any supervisor/manager suffers if they fire people for arbitrary reasons. It means they are doing a bad job and are likely to get fired by their manager/supervisor. Yes, that is of little help to the already fired, but that's how it works in pretty much every other industry. Bosses who go out and fire people for no good reason end up doing a bad job, have poor employee relations, end up in court more than they are at work and end up getting fired themselves.

    44. Re:You make it... by Anonymous Coward · · Score: 0

      If you had tenured teachers, you would understand why you never begin sentences with the word "and."

    45. Re:You make it... by Anonymous Coward · · Score: 0

      Where do you live? School board members are not dictators, that's why it's called a school board. You need a majority to do anything, and depending on the charter a super-majority to hire/fire an administrator. School boards don't hire/fire individual teachers, they deal with the administrators and policy. If for some reason a majority of school board members voted to fire an individual teacher it would probably be fore pretty darn good reason.

      And due process is for courts. I can get fired from my job without "due process", other than the companies internal HR policies (which are not mandated by law).

    46. Re:You make it... by Anonymous Coward · · Score: 0

      No, but so what? How is it different from any other job? If there is a bad plant manager who creates a hostile work environment, can't retain workers and productivity is in the trash, he gets fired right? Why would a bad principal be any different? How does tenure fix it? It doesn't, other than to give that bad principal an excuse for not fixing things.

    47. Re:You make it... by Anonymous Coward · · Score: 0

      School board members are not dictators, that's why it's called a school board. You need a majority to do anything, and depending on the charter a super-majority to hire/fire an administrator.

      All because of things like Due Process

    48. Re:You make it... by non0score · · Score: 1

      Just to nitpick, accountants (the ones in accounting roles) have absolutely no power. You mean HR/finance/management.

    49. Re:You make it... by Anonymous Coward · · Score: 0

      You narrative that children are getting cheated out of an education because of tenure is a complete myth.

      Your fear of the tenure bogeyman is what's will cause these children education to suffer.

    50. Re:You make it... by mrchaotica · · Score: 3, Interesting

      Tenure is not due process.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    51. Re:You make it... by Anonymous Coward · · Score: 0

      1 - Teacher/student ratio is a crock. Lots of countries out there have very high ratios and are doing better on the tests.

      2 - How is two years "substantiated their worth over an extended period"? Two years is probationary in most companies. So teachers go from probationary directly to employed for life.

      3 - It takes way more than failing to perform their duties properly to fire a tenured teacher in CA. It takes pretty much a criminal act, and even then it's going to take a while.

    52. Re:You make it... by Anonymous Coward · · Score: 1

      I would suggest that no driver's license be allowed for school drop outs before the age of 35. That one law would stop half of our drop outs from happening. I would also like to se employers refusing to accept drop outs or GED graduates.

      I would suggest individual merit, but whatever. And, forcing people that made a mistake earlier in life to live with that forever seems like a great idea.

    53. Re:You make it... by Darinbob · · Score: 1

      I think there should also be a difference between laying off a teacher and firing a teacher. For layoffs, which means no fault of the teacher at all, just that some of them chosen at random should be terminated, then seniority makes perfect sense and should not be subject to political retaliation (ie, the teachers that always disagree with the school board at meetings should not be the first laid off).. But for firing, which is where a teacher is laid off for cause, then seniority should not be used.

      I don't know the current laws but that is the way it used to be. So either it changed along the way, probably with unions not making a distinction between the two, or else something is being exaggerated. With the growing population in California it would seem that layoffs because a position is redundant would be relatively rare (and is often handled by offering early retirement).

    54. Re:You make it... by Darinbob · · Score: 1

      That's what a union tries to assist with. You could retain seniority if you get another job within the same system.

    55. Re:You make it... by bidule · · Score: 1

      The simplest way to do this is to remove assessment from the teacher's responsibilities. Let teachers teach, let section, unit, quarter, and semester tests be a function of the school district or the state, and use curriculum services to ensure that what the teachers are asked to teach actually matches what the district or state expects them to do.

      Homework and exams are used to discover which part of the curriculum is well understood and which require a detailed explaination. You cannot blindly talk to the kids, you need to assess where are the weaknesses.

      Of course, when you start the year you expect those kids to be at a certain point, and when it ends you should hand them out to the next teacher far enough that he can carry them further. You also have to drag the lower tier back up and keep the higher tier interested.

      But the first job of teachers is assessing their kids. That's the foundation on which they are building.

      --
      ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    56. Re:You make it... by Darinbob · · Score: 4, Insightful

      Teacher tenure, at least when I had family members who were teachers, was not the same as university tenure where you can't be fired. There was always a chance to be fired if you screwed up. Early stages of tenure meant you didn't have to renegotiate your contract every year or wait until just before the school year starts to find out if you still have your job (at which point it's too late to find a teaching job at another school or district).

    57. Re:You make it... by Darinbob · · Score: 1

      Which is relatively rare.

    58. Re:You make it... by nbauman · · Score: 4, Informative

      You narrative that children are getting cheated out of an education because of tenure is a complete myth.

      Right. Judge Treu either misunderstood and misquoted, or deliberately lied, about the teachers' expert testimony.

      Treu wrote that the teachers' expert, David Berliner, testified that 1-3% of teachers in California are "grossly ineffective." Berliner actually said that no more than 1-3% gave him "cause for concern."

      The "economic study" Treu relied upon was one study -- a white paper that wasn't peer reviewed.

      http://www.eiaonline.com/inter...
      Judge Rules in Favor of Vergara Thanks to David Berliner?!
      Mike Antonucci - Jun 10, 14
      Despite his efforts, it might have been better for the defendants if Dr. Berliner had stayed home. Judge Treu’s decision contains this paragraph:
      There is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms. Dr. Berliner, an expert called by State Defendants, testified that 1-3% of teachers in California are grossly ineffective.

      David Berliner says:
      June 10, 2014 at 15:56
      You and the judge misquote me. I said during deposition That I had never seen a “grossly ineffective” teacher. I said I estimated that the number of poor teachers I’d like to get rid probably is no more than 1-3 percent. The questioning i got was about this statement in TCRECORD:
      “There does seem to be a small percentage of teachers who show consistency no matter what classroom and school compositions they deal with. Those few teachers who have strong and consistent positive effects on student outcomes, we should learn from and reward. And, those few teachers who have strong negative effects on student outcomes need to be helped or removed from classrooms. But the fundamental message from the research is that the percentage of such year-to-year, class-to-class, and school-to-school effective and ineffective teachers appears to be much smaller than is thought to be the case. When the class is the unit of analysis, and student growth is the measure we use to judge teacher effectiveness, what we find is a great deal of adequacy, competency, and adeptness by teachers in response to the complexity of the classroom. And, we see much less of the extraordinarily great and horribly bad teachers of political and media myth. The thousands of welfare queens that Ronald Reagan railed against and the thousands of disability cheats that have contemporary Republicans in such a snit may be like the thousands of terrible teachers in our public schools—more hype than it is reality.”
      When asked what percent might actually show up as cause for concern regularly, I said no more than 1-3%. I said nothing about 1-3% being grossly inadequate.

    59. Re:You make it... by TWX · · Score: 1

      Whose fault is the student teacher ratio, the students, the teachers or the administration.

      Actually, it's the fault of the citizens of the school district or state in how they choose to fund education and who they choose the put on their schoolboards, and the fault of parents for their lack of involvement in the lives of their children.

      If you aren't willing to tax yourselves to pay for the educational system that you claim you want then you do not deserve that educational system.

      --
      Do not look into laser with remaining eye.
    60. Re:You make it... by Brett+Buck · · Score: 1

      But teachers unions, inefficiency, and alternative curricula and teaching styles are what has made the educational system a miserable failure despite astronomical sums of money being wasted on it. Long past time to blow it up, and purge almost everyone associated with it.

    61. Re:You make it... by Darinbob · · Score: 1

      However there are a lot of places where the board just rubber stamps whatever the superintendent wants, and other boards who just don't care (it's often a political job). Without tenure you could have a situation where the poor teachers are kept around because they're the cheapest. Just look at IT where the quality of workers has been going down (at least at the help desk level, and the one-size-fits-all attitudes) and I often see the IT workers who seem to have a clue being the ones that are let go when a new VP arrives. If you award teachers on merit, which I think is a great idea, then I think those teachers paid on merit will also be the ones that the board is eying the most closely when trying to balance the budget.

      The thing is, you can't treat schools like a business. There's no profit that motivates the managers to keep around the best and most productive workers.

    62. Re:You make it... by Darinbob · · Score: 1

      There are different levels of tenure, it's not a two year stint after which you're set for life in California schools.

    63. Re:You make it... by nbauman · · Score: 4, Informative

      Are you talking about the children or the teachers?

      Yes.

      To clarify that, most of the charter schools routinely expel students who have any problems, either academic or behavioral.

      It's the Pareto principle: 90% of the students are easy to teach; 10% of them are difficult. The difficult 10% cost the school as much as the easy 90%. That includes for example handicapped kids, or kids whose parents speak a foreign language, or kids who are having trouble with math, or English, or any other subject. And yes, there are some kids having disciplinary or behavioral problems.

      The reason public schools are so expensive is that they have to take all students. The reason charter schools are cheaper is that they can pass the difficult kids on to the public schools.

      Diane Ravitch, the historian of education, described all this in an article about Eva Moskowitz' charter schools. Moskowitz' students do very well on the tests, because if any of their students is having trouble, she expels them. And they go to the public schools.

    64. Re:You make it... by nbauman · · Score: 1

      This allows the school district as the employer to identify teachers that are struggling or are bad-fits for the grades that they're teaching, or to identify teachers whose majority of students do poorly for the long term.

      Unfortunately there are no tests that have been demonstrated with anything approaching scientific validity to identify the ability of teachers by testing their students. Go ahead, cite one. I challenge you. There are none. I read a pair of "policy forum" articles about testing in Science magazine. The anti-testing guy said that the tests were statistically invalid, and couldn't predict teacher quality any better than rolling dice. The pro-testing guy admitted he was right, but said that they would come up with valid tests in the future. Too bad if you get fired because of those invalid tests today.

      Most value added measurement studies find that teachers account for about 1% to 14% of the variability in test scores, and that the majority of opportunities for quality improvement are found in the system-level conditions.

      http://www.washingtonpost.com/...
      Actually, Louis C.K. was right about Common Core — Ravitch
      By Valerie Strauss
      May 3, 2014
      Louis C.K. tweeted “My kids used to love math. Now it makes them cry. Thanks standardized testing and common core!”
      Alexander Nazaryan, Newsweek, took him to task and asked Diane Ravitch to critique what he wrote. Ravitch criticized Nazaryan and defended Louis C.K. on her blog. Nazaryan makes the false claim that teachers' unions oppose Common Core. Actually, the NEA and AFT accepted millions of dollars from the Gates Foundation to promote Common Core, which they support, but they complained about implementation after their members complained about lack of resources, professional development, curriculum, etc.
      the American Statistical Association issued a report a few weeks ago warning that “value-added-measurement” (that is, judging teachers by the scores of their students) is fraught with error, inaccurate, and unstable. The ratings may change if a different test is used, for example. The ASA report said:
      Most VAM studies find that teachers account for about 1% to 14% of the variability in test scores, and that the majority of opportunities for quality improvement are found in the system-level conditions.
      Report by American Educational Research Association/National Academy of Education said test scores are affected by factors beyond the control of teachers.
      Common Core has become a national marketplace for Pearson, McGraw-Hill, and other vendors. There are conferences for entrepreneurs on cashing in on Common Core.
      The U.S. government is prohibited by law from controlling curriculum or instruction, and Common Core violates the law.
      Diane Ravitch:
      You are right that it is far too soon to judge Common Core’s efficacy. But that is the fault of those who wrote it. In 2009, when I met at the Aspen Institute with the authors of the Common Core, I urged them to field test it so they would find out how it works in real classrooms. They didn’t. In 2010, I was invited to the White House to meet with Melody Barnes, the director of domestic policy; Rahm Emanuel, the White House chief of staff; and Ricardo Rodriguez, the President’s education advisor, and they asked me what I thought of Common Core. I urged them to field test it. I suggested that they invite 3-5 states to give it a trial of three to five years. See how it works. See if it narrows the achievement gap or widens the achievement gap. They quickly dismissed the idea. They were in a hurry. They wanted Common Core to be rolled out as quickly as possible, without checking out how it works in real classrooms with real teachers and real children.
      We would be far better off investing more money in providing di

    65. Re:You make it... by nbauman · · Score: 2

      Too bad we can't fire posters on /.

    66. Re:You make it... by uncqual · · Score: 2

      Teachers are supposed to teach the approved curriculum. If they teach something else, yes, they should be fired.

      The stupid decision to teach creationism as science is a political decision -- but it's not one for employees of the schools to override, that's for the voters and perhaps the courts.

      Suppose the approved curriculum was to teach, correctly, evolution and discuss creationism only in religious history classes. Suppose a bunch of "science" teachers began to teach creationism as fact and not even mention evolution. Would you have the same belief that these teachers shouldn't be fired (at least if they had survived the two years it takes to get tenure in California?)

      K-12 teachers are there to teach what they are told to teach. If they don't want to do that, they can find another job. The notion of "academic freedom" is ridiculous at that level -- if they want tenure, they should get their PhD and get a job in academia which includes tenure if they are good enough (most aren't of course).

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    67. Re:You make it... by Noah+Haders · · Score: 1

      yes but there are millions of public employees who are adequately covered under current laws, they don't need a special tenure bonus. if it works for everybody else is there is no reason why it can't work for teachers.

    68. Re:You make it... by nbauman · · Score: 2

      So some politically motivated judge makes a pretty crap ruling based upon ideology and not law.

      Judge Treu isn't able to get his facts right, either. Treu quoted David Berliner as saying that 1-3% of teachers in California are "grossly ineffective." What Berliner actually said was that 1-3% of teachers would give him "cause for concern."

      http://www.eiaonline.com/inter...
      Judge Rules in Favor of Vergara Thanks to David Berliner?!
      Mike Antonucci - Jun 10, 14

      Despite his efforts, it might have been better for the defendants if Dr. Berliner had stayed home. Judge Treu’s decision contains this paragraph:

      There is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms. Dr. Berliner, an expert called by State Defendants, testified that 1-3% of teachers in California are grossly ineffective.

      David Berliner says:
      June 10, 2014 at 15:56
      You and the judge misquote me. I said during deposition That I had never seen a “grossly ineffective” teacher. I said I estimated that the number of poor teachers I’d like to get rid probably is no more than 1-3 percent. The questioning i got was about this statement in TCRECORD:

      “There does seem to be a small percentage of teachers who show consistency no matter what classroom and school compositions they deal with. Those few teachers who have strong and consistent positive effects on student outcomes, we should learn from and reward. And, those few teachers who have strong negative effects on student outcomes need to be helped or removed from classrooms. But the fundamental message from the research is that the percentage of such year-to-year, class-to-class, and school-to-school effective and ineffective teachers appears to be much smaller than is thought to be the case. When the class is the unit of analysis, and student growth is the measure we use to judge teacher effectiveness, what we find is a great deal of adequacy, competency, and adeptness by teachers in response to the complexity of the classroom. And, we see much less of the extraordinarily great and horribly bad teachers of political and media myth. The thousands of welfare queens that Ronald Reagan railed against and the thousands of disability cheats that have contemporary Republicans in such a snit may be like the thousands of terrible teachers in our public schools—more hype than it is reality.”

      When asked what percent might actually show up as cause for concern regularly, I said no more than 1-3%. I said nothing about 1-3% being grossly inadequate.

    69. Re:You make it... by Noah+Haders · · Score: 1

      you must be an accountant.

    70. Re:You make it... by nbauman · · Score: 1

      Tenure was designed for college-level professors so that they could conduct their basic research without concern for short-term profit.

      To apply such a noble cause to sub-college teachers is a travesty of concept.

      Back in the days of the House Un-American Activities Committee and Joe McCarthy, high school and college teachers used to get fired because of anonymous accusations that they were Communists, or once were Communists, or once belonged to an organization that allowed Communists to join. One of my physics teachers had to leave the country and teach abroad until the Red scare blew over.

      In 2007, a high school principal in New York City was fired basically because the New York Post went after her because she was a Muslim https://en.wikipedia.org/wiki/... She was fired for things she never said, because the Post, it came out in court, misquoted her.

      More prosaically, when you don't have tenure, you have nepotism. Somebody on the school board wants a job for his niece, so he fires a teacher and puts the niece in the teacher's place. This already goes on in the non-unionized private sector.

      You realize that without tenure, civil servants are usually forced to contribute to political campaigns, in order to keep their jobs, right? Alfonse D'Amato, the one-time Republican Senator from New York, used to be county supervisor of Suffolk County in Long Island. During a lawsuit, some letters turned up signed by D'Amato discussing how much of a percentage of their salary civil servants should contribute to the Republican Party. By the time the letters turned up, the statute of limitations for bribery and extortion had expired.

    71. Re:You make it... by Rockoon · · Score: 1

      It would only take a few motivated parents to vote in new school board members to remedy that.

      Which is relatively rare.

      Maybe one of the reasons its rare is because of tenure. Why get involved when there is nothing that you can do about bad teachers.

      --
      "His name was James Damore."
    72. Re:You make it... by Darinbob · · Score: 1

      No, it's because most people don't really want to get involved with politics. It's messy and ugly. And there are many many things wrong with school boards that have nothing to do with tenure or bad teachers that parents should be concerned about. Tenure is such a minor part of the picture.

    73. Re:You make it... by Rockoon · · Score: 1

      No

      Facts not in evidence. Things dont become true just because you have declared them to be.

      --
      "His name was James Damore."
    74. Re:You make it... by dargaud · · Score: 1

      Case in point, two years? That is too short

      Huh ? Why is it that for most jobs you have a 2 weeks test period (or 2 months), and then you get a permanent job; what in the teaching profession makes it so different that they should be on a ejecting seat for years ?

      --
      Non-Linux Penguins ?
    75. Re:You make it... by u38cg · · Score: 1

      One of the easiest ways to make a job suck is to have rotten co-workers. And Wall Street is not where you go for job security, is it?

      --
      [FUCK BETA]
    76. Re:You make it... by Anonymous Coward · · Score: 5, Insightful

      Teachers should be aggressively recruited the same way Google

      Oh god please no.

      I want to be taught by someone who can teach, not someone who can solve stupid undergrad engineering puzzles.

      My best school teachers were a geography grad who'd spent his previous working life as a Yorkshire miner (and geography was the least interesting subject he taught), one socially retarded biology PhD who lived with his mother but couldn't have had a better combination of discipline and enthusiasm, and one conservative ex-Cambridge tutor who stank of BO and pounded his fist on the desk at regular intervals with a passion that sometimes built up to throwing a chair across the room, but fuck me did he know and love his stuff and gave you infinite one-to-one time as needed. These are the sort of people who won't ace any stupid technical interview made by young upstarts for young upstarts, but start the game with a lot of knowledge and experience and spend decades perfecting the art of teaching.

    77. Re:You make it... by jythie · · Score: 1

      That makes a better case for reforming tenure rather then ruling it unconstitutional. In general if something has abuses go both ways you try to rebalance things, not eliminate one type of abuse while making the other easier.

    78. Re:You make it... by Sobrique · · Score: 1

      And you might know that 'never start a sentence with an "And"' is more like a guideline than an actual rule.

    79. Re:You make it... by jythie · · Score: 1

      Ahm, tenure was the thing preventing situations like that. The consequences generally go the other way, school boards reflect a politically active subset of local voters, firing all the teachers who will not teach creationism would likely be rewarded at a local level, not punished. There would be nothing to sue the board over.

    80. Re:You make it... by Sobrique · · Score: 1

      Just because you're tenured, doesn't mean you _have_ to stay. But frankly - this would be a moot point if US employment law was vaguely sensible. Tenure is one extreme that's just unnecessary if you apply a sensible framework of laws protecting against unfair dismissal.

    81. Re:You make it... by Sobrique · · Score: 1

      I disagree. Humans are fundamentally self centered, selfish and tribal. Not all of them, but enough that we have many examples in history of ... really unpleasant things happening. Some are decent folk, but these are not the ones ruthless enough to rise to the top. This is why you need a code of laws to establish baselines of acceptable behavior, and a collective system for rejecting the worst examples. This applies as much to employment law as criminal law.

    82. Re:You make it... by khchung · · Score: 2

      On the other hand, teachers can only work with the students that they are assigned. The only way to fairly assess teacher performance is to compare not only the performance of the students during the year that they're assigned to that teacher, but to compare all other years both before and after.

      Almost EVERY SINGLE JOB IN THE WORLD IS LIKE THAT, it must be news to teachers who never worked other jobs.

      Every salesperson in a store can only work with customers that come in the store. Every bank teller can only work with customers coming into the branch. Every programmer can only work on projects they were assigned to. etc, etc.

      That doesn't stop all other professions' performance from being assessed.

      To the similar extent that a usual worker has in choosing their work, teachers also get the negotiate which classes they will teach next year, influenced by their capability and school needs. This is no different from how much a programmer can negotiate which projects they can work on.

      To the similar extent that a teacher has little control of the environmental factors, guess what? Most other professionals don't have such control either? Can a programmer choose what kind of projects/schedules the company has going? How much control has a salesperson on the products he has to sell?

      Hey, if you don't like the class you are being assigned, you can also quit. Oh, but the tenure is just too attractive? Welcome to the real world.

      --
      Oliver.
    83. Re:You make it... by Anonymous Coward · · Score: 0

      Unfortunately there are no tests that have been demonstrated with anything approaching scientific validity to identify the ability of teachers by testing their students.

      How about the simplest one which is to just take a look if the teacher is even teaching at all during a class, or is he/she just reading newspaper?

      How do you fire a tenured teacher who reads newspaper all the time during class and don't even bother to teach?

      You have made the commonly mistaken assumption (which I am sure all lazy teachers would like to propagate) that ALL teachers are trying to do their job. A simple reflection on human nature would tell you that when you cannot fire a group of people, SOME of them will just sit there and do nothing.

    84. Re:You make it... by Anonymous Coward · · Score: 1

      There is not a profession out there where employees do not complain about being under paid and overworked. However teachers salaries should fall into the same range as engineers, doctors, lawyers, and other professions sitting at the top of the pay scale. Higher pay scales would attract better teachers who cannot live on a current teachers salary. Teachers should be aggressively recruited the same way Google and other companies attract the best talent.

      Teaching jobs are easy to get, require minimal training, and only a 2 year degree vs the 4-10+ years for the engineers, doctors, and lawyers you include in your rant. You know why teachers don't make as much? Because it's easy to do and lots of people are capable of it. The labor market is easily filled.

    85. Re:You make it... by cryptizard · · Score: 2

      Except VB6 is not a central tenant of any religion that I have ever heard of.

    86. Re:You make it... by Anonymous Coward · · Score: 0

      If he's never seen a grossly ineffective teacher he's ignorant and not an expert witness.

    87. Re:You make it... by flyneye · · Score: 1

      Hey, its great news for higher education as well! Now you dont have to feel quite like that loan you took out is being frittered away by carnies. Maybe a little.

      The same could be said of unions; the reasons that necessitated them are gone. We could get rid of unions and take a LARGE chunk of inflation out of consumer goods and services. Hell, you might even be able to use the money to pay off previously mentioned loans, buy groceries and afford gasoline.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    88. Re:You make it... by Anonymous Coward · · Score: 0

      Are you talking about the children or the teachers?

      Yes.

      To clarify that, most of the charter schools routinely expel students who have any problems, either academic or behavioral.

      It's the Pareto principle: 90% of the students are easy to teach; 10% of them are difficult. The difficult 10% cost the school as much as the easy 90%. That includes for example handicapped kids, or kids whose parents speak a foreign language, or kids who are having trouble with math, or English, or any other subject. And yes, there are some kids having disciplinary or behavioral problems.

      The reason public schools are so expensive is that they have to take all students. The reason charter schools are cheaper is that they can pass the difficult kids on to the public schools.

      Diane Ravitch, the historian of education, described all this in an article about Eva Moskowitz' charter schools. Moskowitz' students do very well on the tests, because if any of their students is having trouble, she expels them. And they go to the public schools.

      So...I don't want my kids going to school with the riff-raff.

    89. Re:You make it... by Anonymous Coward · · Score: 0

      Facts not in evidence. Things dont become true just because you have declared them to be.

      Yup. So how about supporting your claim that tenure prevents parents from taking action? Or are you one of those Internet Warriors for Truth and Justice whose positions are true by default and thus need no support for their facts?

    90. Re:You make it... by flyneye · · Score: 1

      I hear ya, fire at will laws have made workplaces competitive. You actually have to do your job well in order to keep it. It boosts moral to go to work and see that everyone else has to do their jobs, do them right, take responsibility for their actions, show up every day on time, etc. Although union workers still have to put up with lazy-asses riding the union for security, I think unions days are numbered like tenure. What a break for all our bank accounts! Inflation will drop like a rock once you remove the HUGE amount of overhead it causes to goods and service industries. The long history of public abuse shows that some protection is needed for them.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    91. Re:You make it... by Evtim · · Score: 1

      Why is your comment not at +5 Insightful is beyond understanding....

      Signed: an ex-teacher with huge passion for the job and very similar experiences as yours

    92. Re:You make it... by gnupun · · Score: 1

      Teachers are underpaid, but tenure balances the equation by guaranteeing salary for a longer duration. So if tenure is going to be removed, better increase teachers' salary by 15% to 30%.

      An alternative is to give tenure only after a longer waiting period of 5 to 7 years. That's enough time to weed out the bad teachers.

    93. Re:You make it... by Attila+Dimedici · · Score: 1

      Nobody was learning!

      Of course, since then things have gotten worse...Actually, I would question your suggestion that a teaching position was a super sweet patronage position or that teachers did not actually do anything. Especially when you consider that Americans were in general better educated when tenure was introduced than they are today. The purpose of tenure was to reduce the level to which teachers were accountable to the people who pay their salaries (the voters). This allows teachers to focus more on indoctrinating children into progressive ideals (which the parents may not approve of) than on actually teaching them unimportant things like how to read or do basic math.
      The basic theory of progressivism is that the "elites" (in other words, the bureaucrats) know better than everyone else how things should be done. The progressive solution to government corruption is to reduce the accountability of government workers to the voters. Tenure for teachers grows out of that the theory that a government worker who is unaccountable to anyone will be less corrupt than one who has to answer to an elected politician.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    94. Re:You make it... by Salgat · · Score: 1

      Are you purposely playing dumb about contractual obligations and unions? A strong union means two things; every employee is under contract which means you can only fire under agreed upon terms (yes in America a valid contract is legally binding, you can't just ignore it and fire people at will), and if you fire one person outside these terms you have a strong chance of having all your teachers walk off the job (which is unacceptable for most school districts).

    95. Re:You make it... by gander666 · · Score: 1

      Crap, what a day to not have mod points. +1000 on this.

      --
      Suppose you were an idiot and suppose you were a member of Congress ... but I repeat myself. - Mark T
    96. Re:You make it... by Anonymous Coward · · Score: 0

      Because as unpopular as this opinion may seem, tenure has existed for a long time in education for good reasons. It isn't about preserving bad teacher's jobs, it's about giving teachers the freedom to boldly state their opinion to students without immediately fearing for their jobs because that opinion might be unpopular to a particular administrator. What you've got without tenure is a different sort of recipe for mediocrity and failure to challenge students.

      If teachers are "grossly ineffective", fire them. If tenure protects them from that outcome, then refine it, but don't ditch it entirely.

      For every bad teacher you might get rid of if you eliminate tenure, there will be a dozen teachers who will teach to the book out of fear for their jobs. And if you think strictly teaching to the book is a good thing, then think back to the teachers that made a positive impression on you and whether strictly following the book made the experience memorable and effective.

    97. Re:You make it... by Anonymous Coward · · Score: 0

      Your post is affirmation that teaching is not easy: a lot of people have clearly failed with you.

    98. Re:You make it... by thaylin · · Score: 1

      You apparently dont live in the south, where you dont need to have cause, and in any case that WOULD be cause.

      --
      When you cant win, ad hominem.
    99. Re:You make it... by thaylin · · Score: 1

      As a government employee it is my job to ensure that we follow the laws of the state and nation as it applies to my job, which includes the constitution of both places. I would expect that if a science teacher taught evolution they would be fired for 2 reasons, it violates the law, and it is unproven/unprovable. If the rule was to teach it by a school board I would expect the science teachers to refuse to teach it, because it violates the law, and is unproven/unprovable. It is not a double standard because it follows the same logic.

      --
      When you cant win, ad hominem.
    100. Re:You make it... by Anonymous Coward · · Score: 0

      Uhhh..."fire at will" laws don't hold up against a Union Contract. Yeah, while you can fie at will in those states, the Unions will fight it and unless a good reason can be shown for the firing, the decision will be reversed by the arbitrator and the person being fired will be given back wages and sometimes a settlement.

      You haven't worked much (if at all) in a Union environment, have you?

    101. Re:You make it... by Anonymous Coward · · Score: 0

      You do realize that what you are describing is salaried exempt non-union positions, right? When there is a Union contract in place, those kinds of abuses don't happen because the Union protects them.

      What you are bringing up and what the article is talking about are 2 completely separate things.

    102. Re:You make it... by thaylin · · Score: 1

      Where are you from? Where I live teaching jobs, as a full teacher not an assistant, require a BA/BS not an associates. It also requires an insane amount of work, and is not easy. My brother, who is a great teacher, spends an average of 12 hour a day teaching, preparing lesson plans, and grading assignments, all for half of what most people with jobs that actually require 4 years of education make. Everything that you spouted are myths about teachers that you are willing to perpetuate to make it seem like they done deserve better pay and better treatment.

      --
      When you cant win, ad hominem.
    103. Re:You make it... by i.r.id10t · · Score: 1

      And to protect those who do things that are perfectly legal, good education, etc. but very unpopular with administration. See the story about Cory Doctorow's "Little Brother" being banned by a school in Texas.

      --
      Don't blame me, I voted for Kodos
    104. Re:You make it... by Bill_the_Engineer · · Score: 1

      The long history of public employment abuse definitely shows some sort protection is needed.

      What makes a teacher more important than any other occupation?

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    105. Re:You make it... by thaylin · · Score: 1

      Because those public employees tend to get paid real wages, and because education is such a target item, teachers get paid shit for their requirements. Most teachers dont even get paid min wage when their hours are added up.

      --
      When you cant win, ad hominem.
    106. Re:You make it... by thaylin · · Score: 1

      That is not fire at will laws, that is just do your job or be fired laws. Fire at will laws tend to lead to repressive environment like my first admin job where we worked 60 hour weeks for 27k a year, and told to "stick our dicks in the dirt" and do what we are told, because no one will want you. You should have to have cause to fire someone, which would include not doing your job, fire at will laws do not require that.

      --
      When you cant win, ad hominem.
    107. Re:You make it... by Maxwell · · Score: 1

      Try firing a unionized teacher. You'll learn all about 'due process'...

    108. Re:You make it... by BitZtream · · Score: 2

      You haven't been in IT very long, have you?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    109. Re:You make it... by Maxwell · · Score: 3, Informative

      Try firing a unionized teacher. You'll learn all about 'due process'...

      I'll try to keep posting this whenever you bring up "due Process" as if the ONLY recourse teachers have is tenure. They have all the same due process recourse everyone else has, for every other job, plus they are heavily unionized to boot.

    110. Re:You make it... by Bill_the_Engineer · · Score: 1

      You've never been to the school board meetings in my area. We've had enough political motivation to create a completely new school system and secede from our very large countywide school system. The main benefit was not the closer management of funds collected from property taxes, but the ability to only hire competent teachers from the old system.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    111. Re:You make it... by Anonymous Coward · · Score: 0

      Your "due process" was depriving poor kids of the chance to get a basic education.

      Where is the army of great teachers who desperately want to teach at poor schools but can't because tenured incompetents are blocking them? Where?

      How exactly will removing one of benefits of teachers help encourage better people to take the career? (And mind you, "tenured" does not and has never meant "impossible to fire". It's just "slightly more difficult to fire, as you need to have an actual reason for the firing".)

    112. Re:You make it... by thaylin · · Score: 1

      So a kid who is well behaved, but has trouble with math or English is riff-raff?

      --
      When you cant win, ad hominem.
    113. Re:You make it... by Anonymous Coward · · Score: 0

      I would imagine that every teacher in US is party to a negotiated contract between the school district and the teachers' union. I have served on a school board, and every contract I have ever been involved with laid out the termination process pretty clearly. Even without tenure, it will still be a great challenge to fire a teacher for other than gross misconduct.

    114. Re:You make it... by thaylin · · Score: 1

      Give me some of those countries, and lets see if those countries have parents that are actually involved regularly, unlike here in the US.

      --
      When you cant win, ad hominem.
    115. Re:You make it... by pla · · Score: 1

      Uhhh most states have 'fire at will' laws that mean you can get rid of a person for any reason or no reason whatsoever.

      At-will employment describes the default state, in the absence of a contract specifying the terms of employment. Public teachers in most (all?) states work under the terms of a contract. You can't, therefore, simply fire teachers without cause - You need to find a reason allowed under the terms of the contract to get rid of them. "Tenure" doesn't describe some magical untouchable status; it just means that in the absence of a legitimate reason to fire someone, the contractual obligations on the school district require reductions in staffing levels to take place in reverse order of seniority.

      That makes this ruling particularly interesting, because it means that a judge has ruled that the right to an education trumps contractual obligations, such as LIFO workforce reductions.

      It would very much surprise me if this ruling doesn't get obliterated by the USSC; if it stands, this ruling will rank on par with Reagan's gutting of PATCO for significance, and possibly moreso - With ATCs, you can more-or-less legitimately call them part of a critical national infrastructure. Teachers' unions, not so much. If we allow school districts to invalidate mutually agreed-upon contractual obligations, we could realistically see public sector unions cease to exist altogether. And in some ways, I would approve of that outcome, though I very much don't approve of the means - When we allow unilateral "renegotiation", the government stops looking like a legitimate employer, and starts looking like the local mafia.

      Put another way - You think we have some real losers in education today? Just wait until you see what we get when only the absolute bottom of the barrel would seriously consider public education as a career. Now extend that to police, fire, DOT, etc.

    116. Re:You make it... by thaylin · · Score: 1

      So you fire a car salesman because his client could not get approved for a loan? All of those things you presented are nothing like how a teacher works. A teacher has to get a student from what should be known for a 5th grader to what should be known for a 6th grader in a few short months. If that 5th grade has the knowledge of a 1st grader only the teacher is still expected to get them to a 6th grade education, in the same amount of time, oh and on top of that the student has to want to learn to be able to learn.. Those other jobs pale in comparison.

      --
      When you cant win, ad hominem.
    117. Re:You make it... by Fjandr · · Score: 1

      You really don't know what "due process" means, do you? It's a part of legal proceedings, and employment decisions are not legal proceedings.

      Due process isn't what prevents school boards from firing teachers. Teachers don't work for the school board, they work for individual schools. Those schools are run by a principal, who ultimately makes the decisions. That principal in turn reports to the district superintendent. That last person is the only one a school board can fire. Teachers are insulated from school boards by two distinct intermediaries. None of the forgoing has anything to do with "due process," at least not in anything remotely resembling a legal sense.

    118. Re:You make it... by Anonymous Coward · · Score: 0

      I refuse to work for any Wall Street firm which gives year-end bonuses. How can you attract the best and brightest by making the job more attractive? That's insane.
      Aha! Accidentally, you have just put your finger on the precise problem!
      While claiming that they had to attract the "best and brightest" those Wall Street firms were handing out bonuses after the recession to the same idiots that almost trashed the companies in the first place! "Best and brightest"? I don't think so! Most politically connected? Oh yeah!
      Now, although I applaud the elimination of tenure and strict merit hiring/firing of education professionals, I want to know who is going to be making those decisions. There must be an objective measuring tool.
      And, no, the problem will NOT be fixed by eliminating government management of the education system. I really don't want teachers hired/fired based on asinine religious doctrines anymore than I want them hired/fired based on a political spoils system!

    119. Re: You make it... by KenHansen · · Score: 1

      Teachers currently enjoy every protection that every other worker enjoys PLUS (in many, but not all locations) tenure. Removing tenure does not remove every other protection they, like every other worker in their community enjoys. Stripping 'creationism' out of your argument, it becomes a question about the district being forced to retain a teacher that refuses to teach the curriculum the district chooses - and yes, such a teacher should be fired. And guess what, tenure typically wouldn't protect a teacher that chooses to ignore district curriculum directions. Your question has nothing to do with tenure, actually.

    120. Re:You make it... by kick6 · · Score: 1

      make a professional class of primary school teachers who were insulated from political fortunes and were professionally schooled in the art of teaching.

      So what happened? As now we're left with a class of primary school teachers who chose to be ""professionally" schooled in the art of teaching because all the other majors were too hard (aka, not very professional).

    121. Re: You make it... by Sarius64 · · Score: 1

      That's amazing. Every other worker has the ability to not be fired from their position after sexually assaulting children in their official charge? Citation please?

    122. Re:You make it... by T.E.D. · · Score: 1

      but the reasons that necessitated tenure are long gone, and all teachers are protected under the standard laws for hiring and firing, which cover us all. They also have a strong union that will ensure protections. So there's no need for special laws that give teachers more advantages than everybody else at the expense of their students.

      My father in law was a High School English teacher for about 25 years. He was very good friends with his principal.

      One day his principal retired and a new principal was brought in, and the first thing he wanted to do was clean house of anyone and anything associated with the old guy. Of course that included my father-in-law. A cynic might also note that he was probably the most well-paid teacher in the school, thanks to all those years of service. Tenure was the only thing that kept him from being fired. As it was, he was still forcibly retired (tenure, union, and all). Meanwhile the new principal was bitching to high heaven about the tenure system that prevented him from outright firing anyone he wanted. I'd quote him, but it was the exact same anti-tenure spiel you've heard a million times before.

      Having seen the other end of it really opened my eyes. Teachers are in a really vulnerable position, and the folks over them (principals, school boards, etc.) are hyper-political. If you want folks who are completely absorbed with covering their own hineys rather than teaching kids (which I think is exactly what a lot of the anti-tenure folks want) then sure, get rid of tenure.

    123. Re:You make it... by Anonymous Coward · · Score: 0

      You really don't know what "due process" means, do you? It's a part of legal proceedings, and employment decisions are not legal proceedings.

      For teachers work under contract. Therefore by definition their employment processes are a legal proceedings.

    124. Re:You make it... by ganjadude · · Score: 2

      im 11 years removed from HS now and there are still some of the bad teachers in my old school teaching. I can recall a math teacher who would always be late to class, pick on students she didnt like. I remember one day im sitting there doing my work and she sent me to the principals office for talking to another student. The funny thing is the student she accused me of talking to was not even in the class that day! When I pointed this out to the principal, he informed me that she was there longer than he was and there wasnt much he could do. I ended up getting the highest regents grade in our entire school, a 98, and she failed me for the year. The teacher I got the year after knew the situation and let me have a free ride that year but it really fucked up my grade overall and this teacher is STILL THERE!!!! something needs to change.

      --
      have you seen my sig? there are many others like it but none that are the same
    125. Re:You make it... by ganjadude · · Score: 1

      Berliner actually said that no more than 1-3% gave him "cause for concern."

      If he honestly believes that he must have been taught math by some of these bad teachers he does not think exist.

      --
      have you seen my sig? there are many others like it but none that are the same
    126. Re:You make it... by Dcnjoe60 · · Score: 1

      Uhhh most states have 'fire at will' laws that mean you can get rid of a person for any reason or no reason whatsoever.

      The long history of public employment abuse definitely shows some sort protection is needed.

      So tenure is okay in the private schools and universities, just not the public ones? Tenure isn't the problem. Granting tenure to people who probably shouldn't have it is the problem. Obviously granting full tenure after only 2 years is crazy. But so is the judge's reasoning.

      If the judge is concerned that students will be stuck with bad teachers, that has nothing to do with tenure. Tenure means the teacher has to be paid, it does not mean they have to put the teacher in front of students. So, if there is evidence that students aren't learning because of bad teachers, that is a management problem not a tenure problem.

      Of course school officials would much rather say it's not their fault the teacher has tenure than admitting it is most definitely there fault because they are the ones who put the teacher in front of students. They just hope with the dumbing done of the masses, people won't notice.

    127. Re:You make it... by Dcnjoe60 · · Score: 1

      The administrator doing that would be sued into oblivion and never work in education again. Seriously, people love to make up absurd circumstances for why we need strict government control over certain things, yet those things would never happen due to the consequences.

      Actually, in some states creationism, or some form of it is required to be taught along with evolution, so the example is not as far fetched as it sounds. However, in general I agree with your sentiment.

    128. Re:You make it... by Tony+Isaac · · Score: 1

      Job insecurity is a good thing. It has a way of motivating people to do what they have to do, to keep their job. Sure, some schools will have stupid expectations of teachers, and will fire them for the wrong reasons. But there are SOME schools with leadership that is insightful and wants the best for their children. These schools will try hard to keep good teachers, and let bad ones go. The old system tied the hands of administration at these schools, meaning they had to keep the bad teachers. Tenure rules made sure that ALL schools would have to keep bad teachers, even the ones that do have good leadership. The schools that have bad leadership...the children at those schools are screwed regardless of tenure.

    129. Re:You make it... by Anonymous Coward · · Score: 0

      When any union is involved the 'fire at will' option becomes a lawsuit. Unions negotiate terms for their members that make firing them a long, drawn-out process often costing more in court and attorney costs than it does to continue to keep the employee around.

    130. Re: You make it... by KenHansen · · Score: 1

      Teacher pay is a function of the community's will to offer it and the community's ability to fund it. My local school district pays first year teachers $50K/yr right out if college (with NO experience). We pay more to attract better candidates, and it generally works, but the taxes the residents pay is brutal. (The median household income in my state of NJ is $60K/yr, so a teacher starting at $50K/yr is paid well above average wage.)

    131. Re: You make it... by KenHansen · · Score: 1

      Yes, employers must retain employees that don't follow directions and do whatever they think is best.

    132. Re:You make it... by zamansky · · Score: 1

      Actually, it is.

    133. Re:You make it... by DoofusOfDeath · · Score: 2

      No, the abuse is always top down.

      Having worked for a union shop (U.S. DoD civil servant), I will simply assert that you're very, very wrong.

    134. Re: You make it... by KenHansen · · Score: 1

      The judge's argument was that you can't predict a given teacher's worth for the rest if their career after just two years of teaching.

    135. Re:You make it... by thoth · · Score: 1

      so the only way is to make the environment so miserable the person quits.

      This already happens plenty - google "managing out". Tenure wouldn't magically make this spring into existence because its already here and widely practiced.

    136. Re:You make it... by Anonymous Coward · · Score: 0

      Getting a GED is actually harder than graduating.

    137. Re:You make it... by Anonymous Coward · · Score: 0

      urine idjit...
      1. unions are A. nearly extinct, thanks to the gutting process of reichwing fucktard legislators; B. effectively toothless, THEY HAVE NO BARGAINING POWER, and roll over for everything...
      2. 'tenure' was not really 'tenure', as far as not being able to be fired without cause, period, it was a SMALL sop that barely worked to a few teacher's benefit...
      3. as another poster said, MOST states are 'right to fucking fire your ass for no reason whatsoever' states (a more accurate description than 'right to work' newspeak)
      4. in the school systems my better half works for, ALL THE TEACHERS ('tenure' ? that's a fucking joke) are FIRED EVERY YEAR...
      let me repeat that for the reichwing propaganda victims who don't know shit about shit: at the close of EVERY SCHOOL YEAR, ALL the teachers are 'let go', and only a few 'know' (maybe) that they will be asked back next year, all the rest have to wait through the summer to find out if they have a shitty job in a month or two...

      that's right, as a teacher YOU DON"T KNOW IF YOU ARE GOING TO HAVE A JOB FROM YEAR TO YEAR, and based NOTHING on your so-called performance...
      now, the fact of the matter is, the 'regulars' who prove themselves obeisant to the test-taking-insanity program, are invited back to work the next year (POSSIBLY not invited until the new school year starts, but, heh, hardly an inconvenience...), but many do not have a clue of whether they will have teaching job the next year, until the school board/admin sort out what the enrollments are going to be, blah blah blah...
      *THEN* you *might* be asked back to teach next year... ...or you might not...
      yeah, what a cushy 'job'...

    138. Re:You make it... by ganjadude · · Score: 1

      so he fires a teacher and puts the niece in the teacher's place. This already goes on in the non-unionized private sector.

      you really dont think unions give jobs to their friends as well???

      --
      have you seen my sig? there are many others like it but none that are the same
    139. Re:You make it... by operagost · · Score: 1

      Uhhh... what part of "union" don't you understand? They can't be fired for no reason with a CBA in place.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    140. Re:You make it... by Rockoon · · Score: 1

      Yup. So how about supporting your claim that tenure prevents parents from taking action?

      I didn't make any such claim. Only one side here has made a claim, but since you agree with it you arent asking for any actual evidence...

      You do know the difference between an open question and a claim, right?

      --
      "His name was James Damore."
    141. Re:You make it... by Bob+the+Super+Hamste · · Score: 1

      The reason charter schools are cheaper is that they can pass the difficult kids on to the public schools.

      I keep hearing this but in Minnesota this isn't the case.
      Charter schools are, for the most part, not allowed to be selective in the students (see Subd. 9. Admission requirements.) they accept as charter schools are publicly funded. The only preference that a charter school can offer is in also allowing siblings to attend, which makes sense given that charter schools will likely have a slightly different schedule than the schools in the surrounding district.

      Because most of the charter schools offer smaller class sizes as one of their selling points the local schools like to encourage the parents of "problem" children to enroll at a charter school so they can get more individual attention. So it isn't uncommon here for the local charter school to have a higher percentage of "difficult" children than the surrounding schools. For example the last year my wife taught at one she had 12 out of 28 children in her class on IEPs (Individual Education Plans for children with special needs) and this was a regular class. It usually takes a few years for this to happen since the schools initially are populated by founding families children but once space starts to open up then the dumping begins. I am actually amazed that the charter schools manage to do as well as they do.

      The other big problem I have seen is that within charter schools there is a lot more office politics since in Minnesota the teachers at charters are not part of a union and do not get tenure. The administrators tend to be very petty and seek their own fiefdoms.

      --
      Time to offend someone
    142. Re:You make it... by Anonymous Coward · · Score: 0

      The entire anti-tenure movement was created by a Silicon Valley millionaire who wants to privatize and commercialize schools. Just like Bill Gates' school initiatives, the entire focus is on monetizing education for business.

      This has absolutely nothing to do with helping children. This is a business scam masquerading as education reform.

    143. Re:You make it... by operagost · · Score: 1

      Because it's strict government control over our property/school tax money, not the teachers. Those of us who don't even have kids in the system are tired of the money being wasted on terrible teachers.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    144. Re:You make it... by dentin · · Score: 1

      When collecting and analyzing data is difficult, the solution is not to stop collecting data. It's to collect more data, and try harder. Further, I'd much rather have guesses based on some data, than guesses based on nothing. And lastly, if teachers only account for 1-14% of test results, that tells me that we need some dramatic improvement in teacher quality.

      --
      Alter Aeon Multiclass MUD - http://www.alteraeon.com
    145. Re:You make it... by dentin · · Score: 1

      For all intents and purposes, yes, the car salesman can be fired for it. Regardless, the salesman loses the commission: no loan = no sale = no commission. This is why salesmen are good at sniffing out people with money and people without.

      The real difference between the salesman and the teacher is that if the salesman can't make his numbers, he doesn't eat, wheras the teacher is just disappointed.

      --
      Alter Aeon Multiclass MUD - http://www.alteraeon.com
    146. Re:You make it... by Anonymous Coward · · Score: 0

      Teaching jobs are easy to get, require minimal training, and only a 2 year degree vs the 4-10+ years for the engineers, doctors, and lawyers you include in your rant. You know why teachers don't make as much? Because it's easy to do and lots of people are capable of it. The labor market is easily filled.

      Where do you live that teaching only requires a 2 year degree? In my state teacher licensing essentially requires a bachelor's degree.

    147. Re:You make it... by darkwing_bmf · · Score: 1

      My eyes! The goggles do nothing!

    148. Re:You make it... by sycodon · · Score: 1

      That is about the most fun thing about the ruling. The Teacher's Union was skewered on their own (Liberal) Disparate Impact principals.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    149. Re:You make it... by Anonymous Coward · · Score: 0

      Teachers are underpaid, but tenure balances the equation by guaranteeing salary for a longer duration. So if tenure is going to be removed, better increase teachers' salary by 15% to 30%.

      An alternative is to give tenure only after a longer waiting period of 5 to 7 years. That's enough time to weed out the bad teachers.

      A long wait for tenure undermines the point of preventing churn based on political forces. Progressively longer contract terms provide a better solution. For example, start with a 2 year contract, then a 3 year extension, then a 5 year extension, then max out at 7 year extensions. This makes teachers hard to fire on a whim without making it impossible to get rid of those whose performance becomes unsatisfactory.

    150. Re:You make it... by dpidcoe · · Score: 1

      Except VB6 is not a central tenant of any religion that I have ever heard of.

      Obviously you've never met a python fanatic then.

    151. Re:You make it... by frank_adrian314159 · · Score: 1

      They have all the same due process recourse everyone else has...

      I.e, in most US states, none.

      --
      That is all.
    152. Re:You make it... by Anonymous Coward · · Score: 0

      bullshit. Bad teachers should be fired. Merit over tenure anyday.

    153. Re:You make it... by Anonymous Coward · · Score: 0

      1 - Teacher/student ratio is a crock. Lots of countries out there have very high ratios and are doing better on the tests.

      In those "lots of countries" do poor children and those with learning disabilities take the tests, or even go to school at all? Be aware that those test scores are not necessarily apples-to-apples comparisons.

    154. Re:You make it... by Noah+Haders · · Score: 1

      why should state legislatures treat teachers with any kind of respect? it's not like they're going to go anywhere. all they have to do is skirt by the contract or trade away something at the next negotiation and they can continue pretending teachers are shit. it's not like teachers are going anywhere. they're captive employees who can't switch jobs, even into other districts. and there's no point in paying more because you'll never poach someone from a different industry.

      it's because of the tenure lock in that teachers have no options, and this explains why they are treated so.

    155. Re:You make it... by Noah+Haders · · Score: 1

      if we got rid of unions it wouldn't make any difference to consumer prices, because consumer goods manufacturing have all been shipped overseas due to union pressure at home.

    156. Re:You make it... by Anonymous Coward · · Score: 0

      Clarification- You may fire someone for "no" reason. There are some "any" reasons that it is against federal law to fire a person for.

      So if you are firing someone, you must give "no" reason to be safe.

    157. Re: You make it... by Anonymous Coward · · Score: 0

      Yes, a society of autonomous, rational thinkers is much better than one of servants and masters - what was your point?

    158. Re:You make it... by gnupun · · Score: 1

      For example, start with a 2 year contract, then a 3 year extension, then a 5 year extension, then max out at 7 year extensions. This makes teachers hard to fire on a whim without making it impossible to get rid of those whose performance becomes unsatisfactory.

      This is still the same as removing tenure, but better than the current fire at will system. So, a salary bump will be needed.

      Tenure should have been given based on passing strenuous tests (maybe including accurate/non-biased feedback from students) over a long duration (5 to 7 years). They should make it hard for mediocre teachers to get tenure. There's no reason spread the current abusive, employer-friendly, fire-at-will system to the teaching profession

    159. Re:You make it... by Anonymous Coward · · Score: 0

      Hey, my ability to get fired is keeping me from trying alternative approaches too. Maybe I should be immune to being fired, just so I can test weird new stuff on people who had no choice to refuse it.

    160. Re:You make it... by dcw3 · · Score: 1

      While I agree with most of your commentary, I wanted to point out that some k-12 teachers do have PhDs. I'm sure it's more the exception than the norm. I was surprised many years ago to discover my daughter's kindergarten teacher was one. She had a couple of assistants, and was (I was told) nationally published.

      --
      Just another day in Paradise
    161. Re: You make it... by Anonymous Coward · · Score: 0

      There is no teachers' union, or any union for public employees, in Virginia. It's still hard to fire a teacher, but I've seen it happen (to incompetents who slept during their own classes or were batshit crazy). Compensation is decent in most localities there and due process still exists despite not having a union: the key is building a system where parents run the school boards and have a vested interest (their own children's futures) in running a good system that attracts good teachers. Unions can't do that as well as parents can, and in the end only parents truly have nothing but their children's best interests in mind.

    162. Re:You make it... by Anonymous Coward · · Score: 0

      The administrator doing that would be sued into oblivion and never work in education again. Seriously, people love to make up absurd circumstances for why we need strict government control over certain things, yet those things would never happen due to the consequences.

      If they are forcing creationism, they're already out of anything reasonably considered education. Or in Kansas.

    163. Re:You make it... by dgatwood · · Score: 1

      Tenure is no different in that regard than the seniority-based benefits that are common in the corporate world, such as extra days off for additional years of employment. They provide an incentive to stay, but they don't prevent you from leaving.

      The reason teachers aren't more mobile, and the reason for the poor pay, is that there's no shortage of teachers, just a shortage of good ones.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    164. Re:You make it... by cellocgw · · Score: 1

      Except VB6 is not a central tenant of any religion that I have ever heard of.

      I'm torn between pointing out that if you'd actually got an education you wouldn't have tried to use a word (tenet) that you've never seen in print and probably don't know the exact meaning of, and just snarkily retorting that choice of programming language leads to wars which are indeed of religious fervor.

      Unless, of course, you meant that VB6 lives inside a religion.
      Besides, the real war is whether you use vi or emacs to edit your VB6 code.

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
    165. Re:You make it... by fyngyrz · · Score: 1

      And there you have it. :)

      --
      I've fallen off your lawn, and I can't get up.
    166. Re:You make it... by fyngyrz · · Score: 1

      Your fear of the tenure bogeyman is what's will cause these children education to suffer.

      Why does it make me so uncomfortable that your argument is illiterate? Perhaps because I am assuming the argument was made by a tenured, or previously tenured, teacher?

      --
      I've fallen off your lawn, and I can't get up.
    167. Re:You make it... by uncqual · · Score: 1

      Agreed - I picked a bad example due to its possible problem with the establishment clause.

      However, substitute an economics teacher "stating that socialism is a better system than capitalism" or "stating that higher taxes on the 1% and increased income redistribution would benefit all" when the approved curriculum states something like "no preferences for alternative economic systems or structures shall be stated by the teacher". Assume that there are no state, county, or local laws that preclude this restriction.

      Same argument applies and Constitutional issues are eliminated (employees do not have a general right of free speech under the First Amendment while performing duties for their employer). In this case, if the teacher persists in stating such opinions after being warned, he should be quickly fired just as a Walmart checker should be who stated such opinions while checking out customers if Walmart employment rules stated that employees were not to share their political views with customers while they were "on the clock".

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    168. Re:You make it... by uncqual · · Score: 1

      True, but having a PhD does not infer a special privilege to violate employer policy. A Walmart checker with a PhD isn't exempt from any requirement to wear the stylish blue vest (or shirt or whatever they must wear) while on the job by the fact they have a PhD.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    169. Re:You make it... by markhb · · Score: 1

      In what world can "any [individual] elected school board member fire all those teachers"? Any school board I've ever seen can only act as a body; individual members can't do squat.

      At any rate, public education unions tend to be some of the strongest out there; it shouldn't be harder to release a teacher than it is to fire any other unionized worker. Tenure at the university level serves a purpose: to ensure the academic freedom of the faculty to perform the research they see fit by insulating them from the vagaries of administrations. I'd be hard pressed to find a full-time public school K-12 teacher who does meaningful research as part of their job.

      --
      Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
    170. Re:You make it... by tsqr · · Score: 1

      For layoffs, which means no fault of the teacher at all, just that some of them chosen at random should be terminated, then seniority makes perfect sense

      Why would you ever terminate an employee "chosen at random"? The whole point of a reduction in force (laying off redundant employees) should be to get rid of the less productive|skilled|useful people, or to "rebalance" the pool of employees so the available skills meet the current needs. The teachers unions like selection by seniority, but the school district should want to use a merit system, assuming they want to end up with the best teachers.

      But for firing, which is where a teacher is laid off for cause, then seniority should not be used.

      I don't see how seniority would ever be a factor in termination for cause. People get terminated for cause because they get caught breaking the established rules. The problem for California has been that it is nearly impossible to terminate a tenured public school teacher for anything less than a felony conviction.

    171. Re:You make it... by werepants · · Score: 1

      Almost EVERY SINGLE JOB IN THE WORLD IS LIKE THAT, it must be news to teachers who never worked other jobs.

      Every salesperson in a store can only work with customers that come in the store. Every bank teller can only work with customers coming into the branch. Every programmer can only work on projects they were assigned to. etc, etc.

      That doesn't stop all other professions' performance from being assessed.

      The issue isn't that teachers don't want to be assessed (at least not for most of them). It is that they don't want to be assessed using shitty metrics. If you are a used Kia salesman nobody is going to expect you to bring in the kind of money that the Mercedes salesman at the rich end of town does. And, in that case, your job is to make money, and that is a single metric that is pretty unambiguous and can be easily measured to determine your performance. Teachers, though, have historically been expected to make Mercedes money selling used Kias. Things are getting somewhat better because states are moving towards growth models that look at a student's net improvement rather than just measuring them to a flat standard. So you are expected to make student improve, but not expected to make them all model students regardless of their starting point.

      The other issue is with standardized testing. The only thing it really measures is how good students are at taking standardized tests. This has perhaps some connection to "intelligence" or "knowledge" or whatever the hell it is we're trying to produce through the education system, but the thing is we don't really know what it is we're trying to produce, much less measure. Seriously, intelligence, knowledge and education are not well defined concepts, and attempts to quantify them as a single number are misguided. There's been some effort in these areas recently, but it is rather backwards that we've started out by attaching nationwide policy and billions of dollars to these things before we even have any idea of what exactly they measure, how reliable they are, and what the issues are with them. Trying to base your entire assessment of performance on a concept that is not well defined, much less measured, is a good way to irritate your employees, and teachers are right to bitch about this being a stupid form of assessment.

      You wouldn't blame an IT person who complains that their only metric is number of tickets closed, when that has no bearing on whether the problem was actually solved correctly, thoroughly, or at all. This isn't a question of whether teachers should be assessed. It is a question of how they should be assessed, and measuring all students from all regions against an arbitrary, fixed standard is a piss-poor way to do it that has little bearing on whether a teacher is good or not.

    172. Re:You make it... by dgatwood · · Score: 1

      Because everyone in every other occupation got to where they were because of teachers.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    173. Re:You make it... by Darinbob · · Score: 1

      Reduction in force often means picking the 5-10% to get rid of. Sometimes the person in charge cares about maintaining productivity and so does want to get rid of the slackers under the guise of layoffs. However there are times when a productive person gets laid off for disagreeing too much with management or is between projects. For a school, the productivity of teachers, or their quality, is often a lower priority to the school board because their number one goal is to save money. A senior teacher may make twice as much money as a new hire, and when you factor in cost of retirement those older teachers are very expensive in comparison. So if they can lay off one older teacher they may be able to keep 3 young teachers. Even today with tenure in place, teachers who are nearing retirement are sometimes given additional pressure to leave their jobs, are placed in less desireable schools or jobs, and so forth.

      School boards really don't want to get the best teachers, or at least the system isn't designed that way. They may say they want this but the incentives and structure work against it. Better teachers does not increase the amount of funding the schools get, so there's no invisible hand of the market that makes quality rise to the top here. The income of the budget is fixed and based upon number of students, so the only way to balance that budget is to cut costs. Remove tenure and it is possible that market forces demand that the more experienced teachers be the ones laid off first. The only incentive to remove poor performing teachers is complaints from parents (actively involved parents is extremely important in increasing quality of the schools). Sure there are things like No Child Left Behind that should help with this, but in practice it's not doing so well.

      You can be terminated for cause in California as a teacher, and tenure is not a job for life. However most school boards just don't want to jump through the hoops for this, and will just shunt teachers around to undesirable jobs. Boards will see this as a win-win, they get the bad teacher out of the schools where teachers complained, and they filled the job in the slums that no one wanted. Which is the main reason, and I agree with this, that the poor quality teachers end up in poor quality schools. The solution is not to just abolish tenure completely, but neither is it to leave the system in place as it is without reform.

    174. Re:You make it... by dgatwood · · Score: 1

      No, the basic purpose of tenure was to prevent large donors from dictating who could and could not teach at a university. These days, the main purpose of tenure, however, is to prevent administrators from saving money by firing all the experienced professors, hiring new adjunct instructors with no experience, and paying them dirt. Instead, they have to wait for professors to retire before they can replace them with adjunct instructors....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    175. Re:You make it... by LifesABeach · · Score: 1

      I wonder who benefits from increasing classroom sizes, and disrruptive practices on educators and administrators? It is not the American children.

    176. Re:You make it... by Darinbob · · Score: 1

      Utlimately I think much of this comes down to the more affluent school districts definitely seem to have active parents involved with the schools and the school board, whereas the poor school districts may have much less parent involvement in the running of the schools.

    177. Re:You make it... by nbauman · · Score: 1

      Berliner actually said that no more than 1-3% gave him "cause for concern."

      If he honestly believes that he must have been taught math by some of these bad teachers he does not think exist.

      He's a teacher who based his opinions on thousands of hours of observing teachers in classrooms, on talking with teachers and principals, and on reviewing the scientific literature on teaching.

      What do you base your opinion on?

    178. Re:You make it... by LifesABeach · · Score: 1

      The hiring, and abandoning of hundreds of thousands of mercenaries is how to educate a child?

    179. Re:You make it... by LifesABeach · · Score: 1

      You think the students don't see your lack? Maybe this summer you should seek something different?

    180. Re:You make it... by dgatwood · · Score: 1

      One day his principal retired and a new principal was brought in, and the first thing he wanted to do was clean house of anyone and anything associated with the old guy.

      Sadly, this isn't at all uncommon, particularly in states with at-will employment, like California.

      If you want folks who are completely absorbed with covering their own hineys rather than teaching kids (which I think is exactly what a lot of the anti-tenure folks want) then sure, get rid of tenure.

      True, but it's a bit worse than that. Tenure is a significant contributing factor to people actually choosing education as a profession. Even with tenure, it's hard to justify making (on average) barely half the median wage while working significantly longer hours. As it stands, with the exception of seriously dedicated teachers, the best and the brightest tend to choose careers in other fields. The result is a lot of mediocre teachers.

      Removing tenure will only compound that problem, by making it even more difficult for someone to justify accepting such poor wages and long hours.

      (For perspective, a K–12 teacher makes, on average, only about 6% more than a department manager at a Target store, and half what a store manager makes. That's just absurd.)

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    181. Re:You make it... by Attila+Dimedici · · Score: 1

      We are not talking about tenure at a university, we are talking about tenure in k-12.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    182. Re:You make it... by ganjadude · · Score: 1

      the same measurement as he is. thousands of hours observing teachers in classrooms (being a student) and talking with teachers and principals (a good 50% of my friends are teachers) The 3rd one ill admit I got nothing

      --
      have you seen my sig? there are many others like it but none that are the same
    183. Re:You make it... by nbauman · · Score: 1

      The reason charter schools are cheaper is that they can pass the difficult kids on to the public schools.

      I keep hearing this but in Minnesota this isn't the case.
       

      It's certainly the case in New York State. https://en.wikipedia.org/wiki/... (The Wikipedia entry had more detail but Eva Moskowitz' fans kept deleting it, so you'll have to go to the citations.) The Success Academy Charter School kept kicking out underperforming students, which had the effect of increasing the scores. This happens every time you make a principal's job and salary dependent on high-stakes test scores.

      I was very impressed at the beginning when there were one or two charter schools that allocated slots based on a lottery, so they could compare the kids who went to the charters with the kids who went to the neighborhood schools, and the charter kids seemed to do better. I go with the facts. However, there were only a very few charter schools like that, and (if you believe in student test scores) when the NAEP did a study of charter schools, they found that some charter schools scored better than public schools but in general they scored worse.

      And as Steve Brill finally admitted, those successful charter schools required their teachers to work such long hours, at such low pay, that no teacher could raise a family at that job, so teachers quit after 2 or 3 years.

      Teachers' unions actually came up with the idea of charter schools. Their idea was that if they could get rid of the bureaucrats and regulations, they could just teach and enjoy themselves and do a good job. They could have laboratories to try out different techniques. Charter schools could work.

      This idea got hijacked by the anti-tax, anti-government, anti-union movement who want to lower workers' salaries. Look at the people who paid for that lawsuit. Do you trust the Koch brothers?

    184. Re:You make it... by Straif · · Score: 1

      The average salary for a teacher in California is $67,000 with a starting point of around $41,000.

      Add to that a Census Bureau’s report that had people self evaluate their working hours and you had teachers actually self reporting fewer work hours that other people of similar education levels (43.7 vs 44.8), although the time difference is minimal. This was also backed up with a Bureau of Labor Statistics study which went more into where hours of work were spent (at work vs at home).

      Then you have the vacation schedule which puts teachers working days at anywhere from 60 - 80 fewer days per year than the average worker and I doubt you will find many people with regular jobs that will find a $67,000/year salary for only a 2/3rds of the year job, underpaid, especially when that job has some of the most outrageous employment protections in the country..

      --
      Of course that's just my opinion...... you could be wrong!
    185. Re:You make it... by Straif · · Score: 1

      Which I believe is part of the cause of the Judges opinion that minority and underprivileged children are being treated unfairly by the tenure system. In the richer districts where parents are more focused on getting little johnny into an ivy league school than a community college (or simply just out of high school), parents are more likely to complain vocally about what they see as an under performing teacher than in a poorer district. School boards don't like conflict so since the can't fire the mediocre teacher they simply move them to a school where he/she will not cause a fuss.

      Over time this leads to richer public schools outperforming poorer schools, not just because of the students performance, but because the poorer area schools act as catch-alls for the most poorly performing teachers in the system.

      --
      Of course that's just my opinion...... you could be wrong!
    186. Re:You make it... by nbauman · · Score: 1

      When collecting and analyzing data is difficult, the solution is not to stop collecting data. It's to collect more data, and try harder.

      Education researchers have been collecting and analyzing data since at least 1970. Most people agree that the NAEP has the best overall data. http://nces.ed.gov/nationsrepo... There are other more specialized studies.

      Diane Ravitch https://en.wikipedia.org/wiki/... studied the data when she was an assistant secretary of education and a conservative writing editorials for the Wall Street Journal. She believed that standardized testing could tell you which teachers were good and bad, and she was trying to figure out how to do it. She finally gave up, and admitted she was wrong. It can't be done. The data was able to give broad, general trends among large populations, like black students vs. white students, or wealthy students vs. poor students, but it couldn't identify which schools were good or bad, and it definitely couldn't tell you which teachers were good or bad.

      Ravitch (and every other education researcher) said that the main factor that predicted student test scores was family income. It wiped out everything else.

      Further, I'd much rather have guesses based on some data, than guesses based on nothing.

      That's not the way statistics works. If you have statistically invalid data, that's not "some data," that's noise. If you base hiring and firing decisions based on noise, you have unfair, arbitrary firings.

      Here's an example:

      http://www.nytimes.com/2011/03...
      On Education
      Evaluating New York Teachers, Perhaps the Numbers Do Lie
      By MICHAEL WINERIP
      March 6, 2011

      A new New York City middle school teacher was doing a great job, in the opinion of her principal and everyone else, working 10-hour days, her students were getting good grades, and admission to the specialized science high schools. As the article explains, she was a good teacher in every way that you could judge a teacher.

      Yet, according to a New York City high-stakes test algorithm, her students didn't improve enough from one year to the next, and they placed her in the bottom 7% of teachers. So the principal couldn't hire her again the following year, as she wanted to. However, the confidence interval of that 7% was 0 to 52%. So she could have been in the top half. Any statistician will tell you that this 7% is meaningless. I read medical studies all day, and if the confidence interval is that wide, you say that there's no correlation. Not some correlation. No correlation.

      The problem this teacher had was that she was teaching a class of good students. Good students already have high grades, in the high 90s. Once your grades are at the top of the scale, you have nowhere to improve. So the best teachers, with the best students, were getting the worst rankings because their students didn't improve enough on the tests. Teachers all over the country were complaining about this. The test people really don't have an answer.

      How would you like it if you were driving 35 mph, and a cop gave you a speeding ticket because, according to his poorly-calibrated radar gun, there was a 25% probability that you were driving 70 mph? How would you like to get fired because, according to your urine test, there was a 25% probability that you were using opioid drugs?

      And lastly, if teachers only account for 1-14% of test results, that tells me that we need some dramatic improvement in teacher quality.

      This is true of every education system, all over the world, free market, socialist, high stakes testing, low stakes testing, charter schools, public schools, Catholic schools, everything.

      As I said before, the most important factor is the child's family income. If you wa

    187. Re:You make it... by Bill_the_Engineer · · Score: 1

      Nice "Bumper Sticker" phrase. It doesn't answer the question.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    188. Re:You make it... by nbauman · · Score: 1

      the same measurement as he is. thousands of hours observing teachers in classrooms (being a student) and talking with teachers and principals (a good 50% of my friends are teachers) The 3rd one ill admit I got nothing

      Well, I pay attention to people who know more than I do, and I recommend you do the same. Berliner knows a lot more than I do about education, and I take him seriously. You have no basis for dismissing his ideas like that.

    189. Re:You make it... by AK+Marc · · Score: 1

      The administrator doing that would be sued into oblivion and never work in education again. Seriously, people love to make up absurd circumstances for why we need strict government control over certain things, yet those things would never happen due to the consequences.

      I've seen similar happen without consequences. You are presuming the administrator states "I'm firing you for failing to properly teach this religious subject". They never do. There are worse abuses, but you've already made up your mind, so any "proof" would be dismissed, not that firing someone requires "proof", unless there's a union or such.

    190. Re:You make it... by AK+Marc · · Score: 1

      Yes. It is. You have some process to gain tenure. Where do you live where there is no process to gain tenure?

    191. Re:You make it... by Anonymous Coward · · Score: 0

      I am glad that for every insane idea based on a knee-jerk reaction that people have, there are people like you to balance them out. Thank you.

    192. Re:You make it... by AK+Marc · · Score: 1

      You've assumed that tenure *causes* poor education. That's assuming facts not in evidence.

    193. Re:You make it... by Kohath · · Score: 1

      That's what the judge ruled.

    194. Re:You make it... by tsqr · · Score: 1

      Your post, if accurate, is quite an indictment of the public education system. However, it certainly isn't clear why a tenure system that starts with only two years of experience (in Callifornia; mileage may vary in other states) is needed to protect highly experienced teachers from being laid off in favor of new teachers making only half the salary.

      As to termination for cause, that is very difficult in the state of California, short of the cause being a felony conviction. The process is very complex, resembles a legal proceeding, and can take two to three years to complete and cost several million dollars. During the 2011-2012 school year, LA Unified School District initiated termination procedures against 758 teachers, and it made the news because it was an order of magnitude increase compared to historical averages. Of course, that only represents 2.5% of the LAUSD teacher population, and only 56 of them were tenured. I wasn't able to find a source citing how many of those 758 dismissals were appealed, but I can tell you that the state panel that hears appeals has historically sided with the teachers. By contrast, in the past year the company I work for laid off nearly 25% of their Engineering workforce; by the way, the overwhelming majority of those who lost their jobs were not older, higher paid people. The difficulty in terminating "bad" teachers may be the primary reason they end up being transferred to "bad" schools.

    195. Re:You make it... by mrchaotica · · Score: 1

      "A process" and "due process" are not the same thing. "Due process" is a specific legal term of art with a particular meaning, in this case referring to civil remedies for wrongful termination. Tenure has nothing to do with the courts, therefore it is not the same thing as "due process."

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    196. Re:You make it... by ColdSam · · Score: 1

      I don't think your example proves your point at all.

      First, I don't think it says anywhere in that article that she will be fired from her job. It says that she won't be given a guaranteed job and that if politicians had their way she might be let go ahead of others, if layoffs are necessary.

      It may be that one years worth of data is aberrant, but if a teacher consistently underperforms then he deserves to lose his job if there are other more qualified teachers available. If the tests and the metrics used to evaluate teachers are truly irrelevant then, by all means, they should be scrapped in favor of better ones, but there is no evidence to support that theory. IF, as you say, these were already good students then that should be reflected in the formula (going from 3.5 to 3.6 may be more impressive than going from 3.0 to 3.25) - if it isn't then you tweak the formula rather than throw it out.

      Statisticians would NOT tell you that that 7% is meaningless and even with the low confidence she would be in the top half, but just by a tiny amount. If you read in your medical studies that there was a 7% correlation for a drug with blindness, but that it might be 0% or as high as 52% would you still take that drug? Do you still think it's NO correlation or that that 7% number is not worth considering?

      Of course you wouldn't want a ticket from a cop if you knew you were going 35, that is not the situation here. If we knew for certain which were the good teachers and which were the bad we wouldn't have a problem. The analogy is that the cop knows driver A was going between 35 and 70 and driver B was going between 60 and 100. If he has to give a ticket to one of them who does he give it to.

      If the teacher in question consistently does poorly relative to other teachers on the best metrics that we can devise then perhaps she's not as good a teacher as everybody seems to think. It seems a bit of a double standard to praise her for the number of students she sends to Stuyvesant or Bronx Science which are based on standardized testing and then say that teachers don't significantly affect standardized testing.

      This is not to say that any system that uses some rigid formula as PART of it's system for evaluating teachers will ever be perfect. Some good teachers may not be able to work in the system, but if it weeds out a ton of bad teachers then it is worth it. If that misdiagnosed "good" teacher is really good then he/she will easily be able to find work as a teacher in a private school or other profession as the teacher in your article did/can. Also, as you and other stated elsewhere it is preferable to turn "bad" teachers into "good" teachers wherever possible, but without some metrics in place those "bad" teachers will never be identified (or motivated).

    197. Re: You make it... by Anonymous Coward · · Score: 0

      Like a company board comes down on a mid level manager firing someone he dosn't like? Haven't actually seen that in action.

    198. Re:You make it... by AK+Marc · · Score: 1

      Tenure would do nothing to stop this, and would in fact make it worse. Without tenure, you're free to go work somewhere else if you find the current environment too oppressive.

      So tenure would stop you from leaving a job? I've only ever seen it used to raise the bar to fire someone, not the other way around.

      If there were tenure, you would be unable to switch jobs without starting on the bottom at the new place. Good luck escaping a bad work environment under that system!

      I've seen tenure systems where someone tenured elswhere is on a "fast track" (usually a year or less) to full tenure at the new place. They are generally seen as a professional recognition, not a union seniority. Someone from IBEW local 1547 moving to Teamsters local 25 would be starting out at the bottom, but someone going from one local to another is more like someone going from one university to another, at least from what I've seen.

    199. Re:You make it... by kbolino · · Score: 1

      This idea got hijacked by the anti-tax, anti-government, anti-union movement who want to lower workers' salaries.

      Let's set unions aside for a minute, because you have a point albeit with many caveats there. There are very few complete anarchists, so I'll set those people aside as red herrings.

      People who want lower taxes want to keep more of their paychecks. This means greater nominal salaries ceteris paribus, since net pay is less than gross pay due to taxes.

      People who want the government to spend less want to decrease the debt. This means greater real salaries ceteris paribus, since debt expands the money supply and devalues the currency.

      Now, you are right to some extent in that less unionization generally means lower nominal salaries for the workers. However, those greater salaries come at the expense of lower employment and labor force participation. We compensate for this with welfare spending. Welfare recipients are not adding value to the economy, in a general sense, and so while they can spend the money they receive, they do not typically build wealth in doing so. This is inflation, and so diminishes the real value of the workers' greater nominal salaries.

      There is no doubt that there are plenty of people who want to make a quick buck without doing much to justify it. But they are no less prevalent in government and union management than in business. You have to separate intentions from results.

    200. Re:You make it... by AK+Marc · · Score: 1

      No, the judge said that tenure harms minorities. There was no logical link given, no detail in the reasoning that was passed in TFA, and I haven't read the decision.

    201. Re:You make it... by dgatwood · · Score: 1

      University tenure is not absolute, either. Tenured professors who show up to classes drunk typically get put on administrative suspension for a period of time, and then if they don't get their act together when they return, they get summarily canned.

      Even at the university level, tenure just means you can't terminate a teacher without cause. If a teacher fails to do the job, puts students in danger, touches students inappropriately, etc., tenure doesn't keep that teacher from being thrown out on his or her backside.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    202. Re:You make it... by Anonymous Coward · · Score: 0

      On the other hand, teachers can only work with the students that they are assigned. The only way to fairly assess teacher performance is to compare not only the performance of the students during the year that they're assigned to that teacher, but to compare all other years both before and after.

      Almost EVERY SINGLE JOB IN THE WORLD IS LIKE THAT, it must be news to teachers who never worked other jobs.

      Every salesperson in a store can only work with customers that come in the store. Every bank teller can only work with customers coming into the branch. Every programmer can only work on projects they were assigned to. etc, etc.

      That doesn't stop all other professions' performance from being assessed.

      To the similar extent that a usual worker has in choosing their work, teachers also get the negotiate which classes they will teach next year, influenced by their capability and school needs. This is no different from how much a programmer can negotiate which projects they can work on.

      To the similar extent that a teacher has little control of the environmental factors, guess what? Most other professionals don't have such control either? Can a programmer choose what kind of projects/schedules the company has going? How much control has a salesperson on the products he has to sell?

      Hey, if you don't like the class you are being assigned, you can also quit. Oh, but the tenure is just too attractive? Welcome to the real world.

      "Almost EVERY SINGLE JOB IN THE WORLD IS LIKE THAT, it must be news to teachers who never worked other jobs.

      Every salesperson in a store can only work with customers that come in the store. Every bank teller can only work with customers coming into the branch. Every programmer can only work on projects they were assigned to. etc, etc.

      That doesn't stop all other professions' performance from being assessed."

      The thing you fail to acknowledge is, the bank teller and salesperson and programmer all work for entities who are in business for one reason and one reason only: to make money. If they have no customers, they are not going to waste time assessing the clerks, they're either going to do something to get paying customers or they'll go out of business.

    203. Re:You make it... by cavreader · · Score: 1

      Maybe I wasn't clear. Perhaps I should have said aggressive recruiting tailored to the specific profession and skill set. Going after a teaching job is totally different from going after a high end engineering position. And for the record someone's ability to ace technical questions certainly does not mean they automatically get a job. You can gauge a persons technical abilities with only a few non-specific questions. Sorry about the confusion.

    204. Re:You make it... by ColdSam · · Score: 1

      FWIW, you were clear the first time.

    205. Re:You make it... by newslash.formatblows · · Score: 1

      +14. People just don't understand this. In the pro-business, pro-conservative, pro-1% states (i.e., just about all of them except a few in the Northeast and maybe the West coast), you can fire anyone at the drop of a hat and the only prohibition is that you can't be stupid enough to preface it with "Because you're black/a woman/a couple of other protected classes". The boss can say you're fired b/c I hate you, and that's that.

    206. Re: You make it... by KenHansen · · Score: 1

      Are there special laws that apply ONLY to teachers that allow them to 'survive' such brushes with the law and keep their jobs? No, and the teachers that violate laws yet keep their jobs don't keep them because of tenure, they keep them because the teacher's union legal defense fund is well-funded and they get excellent attorneys. In short, they keep their jibs because of their union, not tenure.

    207. Re:You make it... by Anonymous Coward · · Score: 0

      No one wants bad teachers. Deciding who is really that bad is a difficult task. Teachers in Ca. have always been subject to termination. It's just that little issue called "due process" kicks in. Gee. Due process. What a concept.

    208. Re:You make it... by dgatwood · · Score: 1

      Why would you ever terminate an employee "chosen at random"? The whole point of a reduction in force (laying off redundant employees) should be to get rid of the less productive|skilled|useful people, or to "rebalance" the pool of employees so the available skills meet the current needs. The teachers unions like selection by seniority, but the school district should want to use a merit system, assuming they want to end up with the best teachers.

      Two reasons.

      First, The newest employees are likely to be the least attached to their jobs. When you've been working somewhere for a decade or longer, your job is a big part of your life, and it really sucks to lose it. When you've been there for six months, it's tough to be without the income, but at least you aren't pulling up roots to the degree that you would be if you had three kids in school who had been going to that school for years, were involved in various activities, etc.

      Second, the newest employees are the cheapest, because they tend to be at a higher pay scale. By requiring administrators to eliminate those jobs first, you avoid the temptation of cost cutting through age discrimination in layoffs—substituting three cheap, fresh-out-of-school hires for two senior hires to make budget.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    209. Re:You make it... by dgatwood · · Score: 1

      Just to clarify, there are two reasons to favor a seniority-based approach for public institutions, not a random approach. A random approach would be silly.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    210. Re:You make it... by flyneye · · Score: 1

      THEN QUIT!
      Recall that you were looking for a job when you found that one.
      If you believe the garbage they tell you and their car-sales-like rational (the fear), then you will live it.
      On the other hand,having a chat with your lawyer will show that work-at-will laws still dont leave you dangling unprotected from horseshit.
      Then you can continue to work as you shop for a new job and let your employer feel the weight. Consider that IT may not be the field you want, anyway.
      The average career change happens every 6 years or so now anyway. Stick it in their ass, not the dirt. If you have any value at all, realize it and tell your boss his wife gives great head, he should try it out sometime....

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    211. Re:You make it... by Anonymous Coward · · Score: 0

      Yeah, but "aggressive recruiting" doesn't produce good teachers. The best professionals grow over time - they don't fall out of college ready to tackle complex projects. A software engineer doesn't really have the same sort of responsibilities as a traditional professional (doctor/teacher/lawyer/accountant/mechanical engineer) and we should not put ourselves on a higher pedestal than we deserve. A software engineering job is, like you say, totally different from a teaching position.

      You absolutely cannot gauge a person's technical abilities "with only a few non-specific questions". It is by observing the work they have already done that you find out what that they can do. And people can't do work unless you give them a chance to develop. The modern belief that people either "have it" or they don't is false, and is perhaps borne of a poor teaching environment where anyone who does not get it first time is discarded.

    212. Re:You make it... by Bob+the+Super+Hamste · · Score: 1

      Then it would seem that the simple fix for New York would be to modify their law so that charter schools can't be selective in who they accept. It would make sense to allow an exemption for siblings though.

      As far as longer hours and lower pay that doesn't seem to happen as much here, but that is based off of my wife's experience working at 2 charter schools. The pay was usually slightly lower but the difference was usually made up in other benefits, usually with health insurance being fully paid by the charter school with no monthly contribution.

      While actually having the teachers be free to teach and not incumbered by bureaucrats does seem reasonable it seem that the lack of regulation and oversight have lead to other problems. One of the most notable examples in Minnesota was TIZA Academy and their separation of church and state issues. There was another school that needed better oversight and was basically used to funnel money into private hand but that was even farther back and that one just folded quietly so I don't remember much. As yet another example the previous school my wife worked at got a new director (import for New York City) who seems to need adult supervision and is basically running the school into the ground, much as she almost did with the school she came from in NYC. In each of the last 2 years there has been at least 1/3 turnover in teaching staff each year and large withdrawals of families from the school. Of those who have left voluntarily (families and teachers) they all cite the current director's actions and inabilities. My wife was actually relieved to be fired last year so she wouldn't be working under the school's current director, who was insistent that my was was a poor teacher yet had been working at the school for 8 years was one of the lead teachers, and up until that point was always highly rated by all of the previous directors. There were other teachers who were also let go under similar circumstances and the general consensus among them was that it was done as a sort of house cleaning to get rid of teachers might question the directors abilities and show her incompetents. It would appear that this is still on going.

      --
      Time to offend someone
    213. Re:You make it... by khchung · · Score: 1

      "Almost EVERY SINGLE JOB IN THE WORLD IS LIKE THAT, it must be news to teachers who never worked other jobs.

      Every salesperson in a store can only work with customers that come in the store. Every bank teller can only work with customers coming into the branch. Every programmer can only work on projects they were assigned to. etc, etc.

      That doesn't stop all other professions' performance from being assessed."

      The thing you fail to acknowledge is, the bank teller and salesperson and programmer all work for entities who are in business for one reason and one reason only: to make money. If they have no customers, they are not going to waste time assessing the clerks, they're either going to do something to get paying customers or they'll go out of business.

      You tried to use "make money" as a bad thing to try to confuse the issue, but the core issue is that performance assessment CAN BE DONE in spite of all the excuses, and it can be made very clear if we just change a few words:

      the bank teller and salesperson and programmer all work for entities who are in business for one reason and one reason only: to fulfill the objective of the organization. If the organization cannot achieve the objectives, they are not going to waste time assessing the clerks, they're either going to do something to achieve the objectives or they'll go out of business.

      And surprise, surprise! A school has the objective of educating the students, and schools that cannot do that deserve to be closed down just the same. And teachers who failed at educating students deserved to be fired just like a salesperson who cannot make a sale.

      --
      Oliver.
    214. Re:You make it... by khchung · · Score: 1

      The issue isn't that teachers don't want to be assessed (at least not for most of them). It is that they don't want to be assessed using shitty metrics.

      Things are getting somewhat better because states are moving towards growth models that look at a student's net improvement rather than just measuring them to a flat standard. So you are expected to make student improve, but not expected to make them all model students regardless of their starting point.

      So problem solved, right? Let's have the teacher's union promote the use of this metric!

      The other issue is with standardized testing. The only thing it really measures is how good students are at taking standardized tests. This has perhaps some connection to "intelligence" or "knowledge" or whatever the hell it is we're trying to produce through the education system, but the thing is we don't really know what it is we're trying to produce, much less measure.

      Everyone like to parrot this, but the fact is basically every university looks at SAT scores as a major factor (not only, but still major) in deciding which student to accept. Unless you are going to claim that all universities are crazy, it IS a strong indicator that YES, standardized tests IS A USEFUL MEASURE of a student's ability (not to claim it is the ONLY measure, but a USEFUL measure nonetheless).

      Furthermore, even if you insist that whatever a standardize test measure is still useless, you cannot dispute the fact that a good score WILL help the student in getting into the university he/she wants to, which itself is of great use.

      Seriously, intelligence, knowledge and education are not well defined concepts, and attempts to quantify them as a single number are misguided. There's been some effort in these areas recently, but it is rather backwards that we've started out by attaching nationwide policy and billions of dollars to these things before we even have any idea of what exactly they measure, how reliable they are, and what the issues are with them. Trying to base your entire assessment of performance on a concept that is not well defined, much less measured, is a good way to irritate your employees, and teachers are right to bitch about this being a stupid form of assessment.

      So because we don't fully understand a thing, we should even TRY to measure it?

      Well, politics is also a very ill defined concept, yet it doesn't stop people quantifying them as a single number (number of votes) and hold elections to decide who gets to be the POTUS. By your logic, we should just do away with election and have a tenure for POTUS.

       

      You wouldn't blame an IT person who complains that their only metric is number of tickets closed, when that has no bearing on whether the problem was actually solved correctly, thoroughly, or at all.

      That IT person can complain all he wants, and is free to leave for another job. Yet you wouldn't say that because a shitty metric
      is used, that IT person should have a lifelong tenure at this job, would you?

      This isn't a question of whether teachers should be assessed. It is a question of how they should be assessed, and measuring all students from all regions against an arbitrary, fixed standard is a piss-poor way to do it that has little bearing on whether a teacher is good or not.

      Yet in the discussion here, you only see the argument for NOT doing assessment at all because the metric is shitty, but you rarely see any counter-proposal for a non-shitty metric. Just coincidence? I think not.

      --
      Oliver.
    215. Re:You make it... by werepants · · Score: 1

      So problem solved, right? Let's have the teacher's union promote the use of this metric!

      I do think the growth model is a reasonable step in the right direction - that doesn't mean that there isn't a lot more work to do.

      Everyone like to parrot this, but the fact is basically every university looks at SAT scores as a major factor (not only, but still major) in deciding which student to accept. Unless you are going to claim that all universities are crazy, it IS a strong indicator that YES, standardized tests IS A USEFUL MEASURE of a student's ability (not to claim it is the ONLY measure, but a USEFUL measure nonetheless).

      Actually, high school grades are a better predictor of student success in college than test scores are. There are a lot of things entrenched in industry, academia, politics, and basically all of human life that are used because of tradition and "common sense" despite the fact that there is little to no evidence supporting their use. And, my criticism of the education system and how it is measured extends to (and especially includes) higher education, which is doing a horrible job of educating teachers. I'm hesitant to look there for inspiration just yet.

      So because we don't fully understand a thing, we should even TRY to measure it?

      Well, politics is also a very ill defined concept, yet it doesn't stop people quantifying them as a single number (number of votes) and hold elections to decide who gets to be the POTUS. By your logic, we should just do away with election and have a tenure for POTUS.

      You apparently didn't try to understand my statement. We should not place more importance on test data than we have a right to. This is like making engineering decisions with materials that are only partly understood - you're going to have failure modes that you aren't prepared for and you have no guarantee that your attempts to design an effective structure are going to have the intended effect. All the focus right now is on what policy decisions to make with test data, and that is putting the cart before the horse. We should be putting far more effort first into understanding test data, doing controlled studies and pilot programs to see what works, and then using that to inform our policy. I'm basically advocating applying our science and engineering knowhow to the problem of education. The problem is, this is expensive and time consuming, and we might find answers that don't fit cleanly with our comfortable ideologies.

      By the way, politics in the US uses a pretty clean metric. The idea of democracy (representative or otherwise) is that the person who gets elected is the person who gets the most votes. It isn't about measuring how good a candidate is, or successful - just which one most people want in office. It's hard to argue that a popular vote doesn't measure popularity, at least to the first order. There might be issues with a specific voting system, but it's very unambiguous at a fundamental level. Also, I don't know if you want to use politics as an example of an effective system to emulate.

      That IT person can complain all he wants, and is free to leave for another job. Yet you wouldn't say that because a shitty metric is used, that IT person should have a lifelong tenure at this job, would you?

      I haven't said a word about tenure. I don't think tenure matters much (I think the unions place undue priority on it, and I think reformers place undue priority on abolishing it). You get shitty, long term employees in lots of industries that have no tenure. The problem is, teachers can't really leave for another job, except perhaps the tiny number of private schools or leaving the field entirely. This kind of policy is at least district-wide (change towns), often state-wide (change states), and sometimes nationwide (change countries). If all of IT was burdened by stupid metrics unilaterally, we would probably agree that there was an iss

    216. Re:You make it... by Ol+Olsoc · · Score: 1

      That's why the need for tenure is in question in the first place.

      THIS! This is why we don't need vaccines either. why would we need vaccines against illnesses no one gets any more?

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    217. Re:You make it... by HornWumpus · · Score: 1

      The First Church of Christ, Computer Programmer doesn't address the 'Basic' issue directly. Past burnings of basic programmers were just misunderstandings and did happen when goto was in common usage.

      'Amen' is 'Semicolon', take that for what it's worth.

      Goto Var is evil, yet Jesus invented the pointer.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    218. Re:You make it... by HornWumpus · · Score: 1

      Much as teachers will argue. Education degrees are all marked with an *.

      There is a reason for that. Education schools have been broken for decades.

      GPA to SAT/outcome balance are out of whack. If education schools were _that_ good at teaching teaching we wouldn't have this problem.

      That said. A kindergarten/preschool teacher is just as likely to have a PhD in child psych. They are an odd bunch (mom and many of her friends).

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    219. Re:You make it... by HornWumpus · · Score: 1

      Drunk full professors just stop getting assigned classes for a semester/decade or two. Depending on the dirt they have on various others on campus. Never see more then a COLA but pickled on campus they remain. Running committees they invented on benders, includes three personalities and their various drinking buddies. Living 'Finnegan's Wake'...

      Until they are convicted of a crime on campus. That will pretty much do them.

      I had a prof teach modern physics 1 day a week at the off campus beer bar. Nobody minded. Schrodinger's equation almost made sense once, while I was kind of drunk. Sobered up and it was gone. Still can't tell you what Psi is. Just memorized some tricks you can do with it (long gone, as memorized stuff goes).

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    220. Re:You make it... by HornWumpus · · Score: 1

      Why would a salary bump be needed. Is there a teacher shortage? (remember: Salary bump for math and science teachers is verboten.)

      Teacher pay is fair for the hours/year they work and the qualifications they bring.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    221. Re:You make it... by HornWumpus · · Score: 1

      Your math teachers failed you, badly.

      You realize teachers average salaries and schedules are public information?

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    222. Re:You make it... by AK+Marc · · Score: 1

      The abuses go both ways.

      Nope. Abuses are almost always the employer abusing the abused.

      At every place I ever worked, even though it's at will employment, management made sure to have a good case together before letting anyone go out of fear of any litigation.

      Wow, you've worked for some really stupid places. It's "safer" to not document anything. "It just wasn't working out" is all they "should" say in an at-will state. Just about anything else can open them up to litigation. Even a well documented "you were chronically late" case could turn into an ADA case if the fired person claims they told their boss they weren't sleeping well. They don't have to detail the medical condition if they were informed of the symptoms. And a sleep disorder could be covered under the ADA. So justifying a firing for someone showing up late chronically (just as a random example) could land you in court for ADA violations. But "You are fired" with no justification would have been fine. The HR rules are (for non idiots) say the minimum possible.

    223. Re:You make it... by Anonymous Coward · · Score: 0

      Well, if you were to ionize them, the problem would go away pretty quickly....

    224. Re:You make it... by nobodie · · Score: 1

      OK, OK,
      Let's calm down, boys and girls. Back up a minute and think about the full panoply or facts involved in the questions here.
      First: Teachers get paid shit for their masters degree plus of education
      Second: Teachers have crazy hours impressed on them through an evaluation system that you would not want to contemplate. If you are not working 50-70 hours a week you aren't keeping up with your responsibilities. Trying to get tenure with bad evals is impossible.
      Third: The evals are not based on skilled evaluators who actually watch and eval what you are doing, no, most of the eval comes from students. Students who have a different world view than their parents or the education system.
      Fourth: teachers are highly restricted by the ir contracts in terms of what they can do at work and outside of work. How many teachers have been fired for being gay or lesbian (obviously not on the face of it, because that would reflect on the super who hired, but never the less)?
      Fifth: Look at the numbers for teacher turn-over up until the last unemployment increase, people don't stay teachers by choice anymore.

      Tenure is a dead issue really. The only people who want it shouldn't have it and the people who don't care are leaving anyway. The reason schools give it so easily is to try to hold on to teachers who might end up being good, but will leave without it (or anyway).
      So let's get off our high horses and recognize that the issues that we face in the education of ourselves and our young are greater than this issue, which is relatively small in the larger view.

      --
      Subversion of spatial scale luxury decoration ideas.
    225. Re:You make it... by Fjandr · · Score: 1

      Thanks for making the case that you clearly don't understand the law for me.

  2. Finally! by Anonymous Coward · · Score: 0

    Goodbye Lousy Teacher's!

    1. Re:Finally! by paiute · · Score: 5, Insightful

      Goodbye Lousy Teacher's!

      Goodbye Older, Higher-Paid Teachers!

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    2. Re:Finally! by NoKaOi · · Score: 2

      Goodbye Older, Higher-Paid Teachers!

      You forget that teachers still have a strong union with strong union contracts that will make firing a teacher without a damn good reason difficult.

    3. Re:Finally! by philip.paradis · · Score: 2

      "Lousy" and "older and higher paid" are not mutually exclusive terms. However, I concede that the GP's message was somewhat diluted by the unfortunate inclusion of an errant apostrophe; grammar and composition are certainly relevant to this conversation.

      --
      Write failed: Broken pipe
    4. Re:Finally! by Anonymous Coward · · Score: 0

      That due process sure does suck. Wouldn't it be great if we could just fire a teacher for completely imaginary reasons.

    5. Re:Finally! by Anonymous Coward · · Score: 0

      They should start with the English teacher that taught you how to use apostophes.

    6. Re:Finally! by Gramie2 · · Score: 1

      And the one who taught you to spell "apostrophes"!

    7. Re:Finally! by Anonymous Coward · · Score: 0

      goodbye older, higher-paid shitbag teachers. There's still a union.

    8. Re: Finally! by Anonymous Coward · · Score: 0

      And the one that taught you that the punctuation mark goes outside the quotation marks.

    9. Re: Finally! by niftymitch · · Score: 2

      And the one that taught you that the punctuation mark goes outside the quotation marks.

      There are global differences:
      "Instructors in the U.S. should probably take this into account when reading papers submitted by students who have gone to school in other parts of the globe." stolen from:
              http://grammar.ccc.commnet.edu...

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    10. Re:Finally! by dyeazel · · Score: 1

      Until all of the Republican governors follow Scott Walker's (R-WI) lead and outlaw the unions. Let's not forget that the people who grant tenure, school administrators, in many cases have minimal classroom experience. They wouldn't know a good teacher if they saw one. What's wrong with more experienced teachers? Don't we regularly complain here about ageism in the IT sector?

    11. Re:Finally! by Anonymous Coward · · Score: 0

      And the one who taught you to spell apostrophe's

      FTFY

    12. Re:Finally! by Anonymous Coward · · Score: 0

      Until all of the Republican governors follow Scott Walker's (R-WI) lead and outlaw the unions.

      Scott Walker did not outlaw unions; they still exist. What his reforms to public-sector unions other than police and fire did was make membership voluntary, limit their collective bargaining ability to salary, and require them to annually recertify that the majority of employees still want the union.

    13. Re: Finally! by sexconker · · Score: 1

      Quotation marks enclose a quotation. A quotation is a reference to something that was or is to be said, written, etc.
      Punctuation should absolutely not be inside a quotation unless it was part of the original quotation. You do not alter the original quotation. That includes:
      1: Adding "(sic)" to indicate that errors are from the original quotation.
      2: Using brackets to substitute nouns, conjugate verbs differently, etc. to fit inside your clumsy sentence structure.
      3: Adding ellipses to join two disconnected pieces of a statement into a single quotation.
      4: Switching between a double quote symbol and a single quote symbol when the quotation includes quotation marks - this doesn't remove ambiguity as a quotation can contain both symbols. If the thing you're quoting is too clumsy to unambiguously fit inside quotation marks, use a block quote.

      The Chicago, MLA, APA, etc. style guides are crap. They're arbitrary, inconsistent, ambiguous rules that cause more problems than they solve. Ignore them. The language already has a grammar. Teach it and use it.

  3. Good by Anonymous Coward · · Score: 5, Insightful

    Tenure exists to ensure that professors can pursue unpopular lines of inquiry without being troubled by university politics. It makes no sense in primary or secondary education.

    1. Re:Good by Anonymous Coward · · Score: 4, Informative

      I mostly agree, but OTOH, some subjects do deal with touchy topics in highschool. History is a good example, it wasn't until I got to college and took a history class when I learned just how much of what I was taught was outright wrong. But, it was popular to paint slavery and WWII in a specific light even though the reality was very different. Nobody bothered to talk about the free blacks that lived in the South prior to the civil war. And the history teachers never bothered to mention the Germans and Italians that were in American concentration camps alongside the Japanese.

      You're right that tenure doesn't make any real sense in the primary or secondary systems, but that's not to say that it's a good idea to completely chuck it.

    2. Re:Good by Anonymous Coward · · Score: 2, Insightful

      Until you consider EXACTLY how unpopular hard teachers are with students, and parents, because they make the students learn, not just pass them blindly.

      Especially when it's the football team.

      But hell, I'll believe politicians care about tenure when they start voting themselves out.

    3. Re:Good by wisnoskij · · Score: 2

      But you have to weight the good that a good teacher can do with more breathing room with the bad. For every single teacher who might chuck the curriculum because it is politically correct garbage, 100 would use it to teach creationism.

      At the end of the day these are high school teachers, they are not really qualified to make judgement calls on what the truth is.

      --
      Troll is not a replacement for I disagree.
    4. Re:Good by twistedcubic · · Score: 1

      Nonsense. If your reason for the existence of tenure is valid, then K-12 teachers need it much more that university professors. K-12 teaching is ALL politics. Correct me if I'm wrong, but you have no experience in education.

    5. Re:Good by SydShamino · · Score: 4, Insightful

      I think you woefully underestimate the office politics in primary school administration. There are far too many administrators who want to micromanage their teachers and/or suck up to parents. And the "unpopular" part is telling parents that it's their fault - or their kid's fault - that he or she got a bad grade, especially when that parent can march into the office and complain to the principal thereafter.

      It's not exactly the same as at college, but the pressures are there. The process to get rid of bad teachers needs to be objective, and merely eliminating tenure to restore "fire at will" will be nothing of the sort.

      --
      It doesn't hurt to be nice.
    6. Re:Good by Anonymous Coward · · Score: 0

      Correct me if I'm wrong, but you have no experience in education.

      Exactly! Those who can teach. Those who can't pass laws about teaching.

    7. Re:Good by Anonymous Coward · · Score: 3, Insightful

      What, you mean like refusing to teach teach intelligent design ?

      How about a teacher who ARE good but is not anti-gay or not anti-abortion within the bible belt ?

      How about teachers who ARE good but are unpopular because they have high homework requirements, or they have a non nonsense in class attitude.

    8. Re:Good by Euler · · Score: 1

      Exactly. A university professor may have some argument for tenure when doing controversial research. But even then, maybe that professor should shop around for a university that is more sympathetic. But in primary and high schools, the curriculum is usually predefined. The school should absolutely have the tools to retain and reward the most effective teachers.

    9. Re:Good by Euler · · Score: 1

      I agree that many schools bend the rules for athletics, music, theater, chess club, whatever... But I've never seen how tenure stopped that injustice.

      Hard teachers should be unpopular... good, effective teachers that help kids pass Regents, SAT, and AP tests are popular. If you live in a place that doesn't care about those things, then feel free to ignore this post.

    10. Re:Good by JimSadler · · Score: 1

      Why would anyone think that secondary school teachers are not forced to toe a political or religious line from their superiors? In high school we had a class on forms of government. During the portion on communism the teacher would play the role of advocating communism. The teacher would also advocate for socialism and republics and monarchies as each was featured. That was in 1962. If we had that class today a teacher would be in serious trouble as the expectation of freedom of speech is not now what it once was. I know someone will ask what advantage does communism offer. Rapid decisions without lengthy negotiations and consultations are one feature of communism. The other feature is that some communist nations actually have provided a safety net for the lowest classes of citizens. The bad part is that communist governments tend to murder people who do not eagerly fall in line with the plan of the hour.

    11. Re:Good by Camael · · Score: 1

      At the end of the day these are high school teachers, they are not really qualified to make judgement calls on what the truth is.

      If what you are saying is true, I am actually kind of appalled that persons of this caliber are allowed to warp the minds of the young and the impressionable. And it seems to point to a bigger underlying problem than mere tenure laws.

    12. Re:Good by Belial6 · · Score: 1

      Well, to be fair, as long as the football team keeps winning games, the coaches position as history teacher (to meet minimum class requirements) is pretty secure even if he does decide to deal with touchy topics. Or to get touchy for that matter.

    13. Re:Good by Anonymous Coward · · Score: 0

      Posting AC for reasons which should become obvious.

      I am the son of a Professor, who actually teaches a number of people around my age. People tend not to recognize the connection (Hell, I realized I'd known one of my friends parents for a while, but never put last names and ages together, to realize the combination, until last weekend.)

      This leads to comments, such as one a month ago: "If you want to learn it, take ____. He's hard but he makes you learn it." I've heard variants of it so many times.

      One of the great things, is that he's not afraid to flunk students who don't meet his criteria, but will put in hours and hours to help students. (The end of the semester has always been a bad time to reach him, unless you wanted to help tutor students as well. I exaggerate, but the last month of a semester, he will hold study sessions, which last until late at night.) He loves teaching classes, and at times gets a bit frustrated, with them. Based on track record, if he's complaining, it's probably justified. He's got a unique system which has no busy work. (I'd go into details, but AC.) Even with the few classes that he complains, he will go to extreme lengths to help. (Often the complaining is because students aren't using that help, and failing.)

      He does research. He loves it, and he's pretty good at it, being amongst the top people in his area. Regularly travels to international conferences to give talks.

      He also thinks most education people are amongst the less intelligent people in college. Great idea to have professional teachers, except that by having 'education' be a separate department/major, you learn less of the subject being taught. Germany requires a masters to teach certain equivalents of high school. I think that's a good thing. I think that with the way things have been dumbed down up to college, a degree should be considered equivalent to maybe an Associates from the past, because of having to teach people remedially in the first two years. (Not always the case, but how the FUCK did some of these people in intro classes pass high school.) Education majors should be limited to middle school or elementary school. An actual degree in the field or closely related field should be required for anything in high school, and strongly preferred in middle school.

      Actually, of my direct ancestors the past 2 generations, counting professors, only 1 hasn't been a teacher at some point. Hell, I've taught college classes. All of us still living have lamented things which have been seen recently. How do you not know how to write a paper in college? To take one step back, how do you not know how to use any resemblance to the ability to write, even with the help of a computer? I could understand it for a foreign student. (Most of the time they don't have any trouble at all.) I don't understand it for a native speaker.

    14. Re:Good by Anonymous Coward · · Score: 0

      That's a crock. At my kids high school there are good teachers and bad teachers, hard teachers and easy teachers. There is every possible permutation. The best teachers are usually hard teachers, and the kids usually like them. However there are bad, hard teachers, and students hate them. Some teachers think that hard=good, which of course it does not.

      The football team takes classes from easy, bad teachers. Bad teachers can make an easy class hard.

    15. Re:Good by Etherwalk · · Score: 1

      Tenure exists to ensure that professors can pursue unpopular lines of inquiry without being troubled by university politics. It makes no sense in primary or secondary education.

      Tenure exists because senior faculty exerts substantial political power at universities and those universities compete for faculty. The theoretical reason--unpopular lines of inquiry--is mostly a crock. Tenure is much more likely to protect an incompetent professor than a dischordant one.

      At the secondary or elementary level, the only real rationale is job security. Teachers don't get paid as well as they should be and tenure is something they can be given that doesn't show up as a big item in the budget.

    16. Re:Good by MarcoAtWork · · Score: 1

      it might not have made sense in the past, but given how nowadays evolution and climate change are most certainly "unpopular" in certain states it seems like tenure protection there would be quite helpful for teachers wanting to teach them as opposed to what is currently mandated by the local curriculum, otherwise if a student in your class asks you a question along the lines of "what does science say about x" you will have to worry about your job if you answer truthfully.

      Of course as usual when there is a discussion on social safety nets and worker rights in general in the US there will be plenty of n=1 anecdotes about how this change will improve things for everybody because "deadbeats" will finally get their due, but in the end for every "lazy" teacher fired because of this change I am sure there will be many many more fired because of politics and other reasons.

      If people in the US stopped focusing on the small % of people taking advantage of something (universal healthcare, pensions, union protections, safety nets in general) and instead of on the large % of deserving people benefiting from that something society would be so much better as a whole...

      --
      -- the cake is a lie
    17. Re:Good by Uberbah · · Score: 1

      Nobody bothered to talk about the free blacks that lived in the South prior to the civil war.

      Annnnnnnd? That's supposed to make slavery less evil, or that the Confederacy should have beaten the North? WYP?

      And the history teachers never bothered to mention the Germans and Italians that were in American concentration camps alongside the Japanese.

      There were general orders to round up every person of Italian and German descent? Sounds like you picked up the Blaze edition of Lies My Teacher Told me, instead of finding how how the U.S. was founded on elitist imperalistic shitbaggery that continues to this day.

    18. Re:Good by SuricouRaven · · Score: 1

      How hard can it be to teach American history? There isn't really much of it.

    19. Re:Good by Anonymous Coward · · Score: 0

      Perhaps some sort of far more limited tenure which allows firing only for misconduct or failure to meet performance standards? The later part is a can of worms but it could solve some issues. Like say fundies trying to get the biology teacher is teaching evolution, the history teacher in the south for teaching the Civil War and how "War of Northern Aggression" is complete bunk, or puritanical nanny state garbage of firing teachers for having appeared in a porn film at any point during their past.

    20. Re:Good by Anonymous Coward · · Score: 0

      The latter. I think the benefits of tenure might be that a high school teacher can do his job without worrying about pandering to the parents. Regardless of what popular culture tells us nowadays, a kids parents don't always know what is best. Or, nevermind the child of a VIP, is there going to be pressure on the teacher to treat that kid differently? Pass the high school quarterback or lose your job?

      Not saying tenure is always a good thing, I just think there will be unintended consequences to getting rid of it too.

    21. Re:Good by Anonymous Coward · · Score: 0

      hard teachers should be unpopular?

      so how do you teach calculus without being 'hard'? maybe we can use color crayons? if we get to derivatives by the end of the semester, that is ok,right? as long as we weren't 'hard'?

      the fact is some SUBJECTS are hard. 'good' teachers (as you say) can teach them better, but that will not change the level of difficulty in the subject.

      tenure didn't stop the injustice of bending the rules for the sports, what it did was prevent the threat of firing to make it happen. now johnny football can get his math teacher fired for giving him the grade he actually earned.

      and no where, ever, do people bend the rules for the theatre, music or chess clubs.

    22. Re:Good by Anonymous Coward · · Score: 0

      Well I learned about both of those in school. But I didn't learn how popular Nazism was in the U.S. prior to WW2 or that there were black slaveowners that raised units to fight for the Confederacy.

    23. Re:Good by Xyrus · · Score: 1

      Tenure exists to ensure that professors can pursue unpopular lines of inquiry without being troubled by university politics. It makes no sense in primary or secondary education.

      Until teachers get fired for teaching evolution or climate change. :P

      --
      ~X~
    24. Re:Good by rsclient · · Score: 1

      Tenure exists in the secondary education market because local school boards used to always fire teachers before they could qualify for their pension.

      --
      Want a sig like mine? Join ACM's SigSig today!
    25. Re:Good by Anonymous Coward · · Score: 0

      And the history teachers never bothered to mention the Germans and Italians that were in American concentration camps alongside the Japanese.

      Odd. Why is imprisoning Italians different from Japanese? "Consentration camps" is not necessarily a big deal. During war, you have to imprison war prisoners. There might be lots of them, which makes camps useful. The interesting part is, were they treated decently as prisoners, or where the camps designed to just kill them all after perhaps extracting some work from them?

      I always had the impression that German (and some Russian) camps where special - concentration camps weren't all the same.

    26. Re:Good by Anonymous Coward · · Score: 0

      Especially when it's the football team.

      Oh, football teams. Americans need to abolish "school teams". By all means, keep a local football team (or whatever sport is popular at the moment) but don't tie it to the school. That way, no need to treat players "specially" by the schools.

    27. Re:Good by Anonymous Coward · · Score: 0

      This guy gets it. My wife is a teacher in a Title 1 school. Her biggest headaches come from the numerous crazy parents that blame everything on the teachers. Student fails a class? Call the teacher a racist! Claim the teacher assaulted the child! Threaten to sue over every little thing! Then the Administrators cave and the student is passed (even if the teacher doesn't agree).

      Now the teacher will be fired too, because the #1 job of Administration is to keep the school out of the media.

    28. Re:Good by Anonymous Coward · · Score: 0

      I'll correct you:

      1. Primary and secondary teachers aren't doing research. That is the reason for tenure: to protect the professor's ability to pursue unpopular or seemingly unfruitful lines of inquiry for years at a time.

      2. The science of pedagogy has a documented lack of rigor. As a result, most of the education students I see are the slow maze learners who graduated from high school with a C average and are looking for a sinecure.

      3. Teacher's unions do not protect new, good teachers. They use tenure ("politics") to protect the status quo at the expense of our children and they do it with our tax dollars.

      You sound dumb enough to be a teacher.

    29. Re:Good by Anonymous Coward · · Score: 0

      I know someone will ask what advantage does communism offer. Rapid decisions without lengthy negotiations and consultations are one feature of communism. The other feature is that some communist nations actually have provided a safety net for the lowest classes of citizens. The bad part is that communist governments tend to murder people who do not eagerly fall in line with the plan of the hour.

      What what what? /southpark

      Communism is an economic system, not a governmental one. Your first point is a feature of autocratic government.

      The word "some" in your second point means it applies to every type of government, from marxist kibbutzes to social security to the dole.

      The last part also applies to non-communist governments, unless you think Nazi Germany, modern USA and modern Russia are all communist governments.

      The only bad part about communism as a an economic system is that it might lead to under production as compared to capitalism, but even that's debatable if you take a long view of humanity. Look up "On the gripping hand" and "Mote in God's eye" for a couple of not at all religious sci-fi novels that happen to touch on that subject perfectly.

    30. Re:Good by hondo77 · · Score: 1

      Sounds rough. I am so glad there is no politics in jobs outside of education.</sarcasm>

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    31. Re:Good by david_thornley · · Score: 1

      The Germans and Italians that were rounded up were enemy aliens, and not all of them were removed from sensitive areas. It appears that they were interned on an individual basis. They also tended to live on the Eastern and Gulf coasts, which were active war zones for much of the war.

      On the other hand, on the West Coast, which had undergone a couple of submarine attacks since Pearl Harbor, every person of Japanese descent was evacuated. This included US citizens of Japanese descent in orphanages where they were not exposed to Japanese culture (not many of those, but they were rounded up and shipped out). This also included US citizens who were decorated soldiers from WWI.

      Interning enemy aliens is standard practice. Sending an entire racial group to desert camps isn't.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    32. Re:Good by Anonymous Coward · · Score: 0

      Yes, there are other permutations of teaching, however I was merely pointing out that hard teachers were unpopular, not giving a complete diagram.

    33. Re:Good by Anonymous Coward · · Score: 0

      Who gives a flying fuck if a moron parent complains that their hellion kid got in trouble / failed? The parents have ZERO ability to fire ANYBODY in the school. They can call the superintendent... who then hangs up. Problem solved.

    34. Re:Good by Anonymous Coward · · Score: 0

      And the history teachers never bothered to mention the Germans and Italians that were in American concentration camps alongside the Japanese.

      Seriously?

      You're actually going to compare the US internment camps to German concentration camps that murdered people on an industrial scale?

    35. Re:Good by SydShamino · · Score: 1

      If only it worked that way. The thing is, it just doesn't, because the kind of people that become school administrators are generally suck-ups, at least in the limited experience I have, and that applies to sucking up both to higher-level administrators and to parents who would likely go over their heads and ruin their careers if they don't appease them.

      --
      It doesn't hurt to be nice.
  4. This is just K-12 for now, yes? by Shag · · Score: 1

    Perhaps it's more of an issue at the primary and secondary levels - at universities, it takes a while to get tenure, and the bad apples should be sorted out by then (although there are certainly those who get tenure, then do things they probably shouldn't). It does make me wonder whether there'll be a push for something similar at the university level, though. Given the horror stories in the press about how adjuncts and lecturers are treated, moving away from a tenured faculty (claiming "cost" and "responsibility" reasons, or whatever) might fit just fine.

    --
    Village idiot in some extremely smart villages.
  5. Oh, Thank God! by Anonymous Coward · · Score: 0

    That's just what we need. More instability in the job market!

    1. Re: Oh, Thank God! by Anonymous Coward · · Score: 0

      You're right! Things are going really downhill. The stock market is up, employment is up, soldiers are coming home from unnecessary wars ... Oh, wait.

    2. Re: Oh, Thank God! by Anonymous Coward · · Score: 0

      The troops are coming home to take our jobs!

    3. Re:Oh, Thank God! by Jmc23 · · Score: 1
      What does a state government decision have to do with the president?

      Oh, right, you're just a troll.

      --
      Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
  6. State constitution, not Federal by Areyoukiddingme · · Score: 2

    It's worth pointing out the law was ruled unconstitutional vs. the California state constitution, not the Federal constitution. Any state that does not have a "right to an education" clause in their constitution probably has legal tenure laws, at least vs that argument.

    The slightly breathless article claiming this is "new ammunition" for challenges in other states is overstating the usefulness of the ruling, especially considering the judge ordered California tenure law to remain in place during appeal. State constitutions are independent of one another, so a ruling in one state court carries very little weight in another state's court.

    1. Re:State constitution, not Federal by Noah+Haders · · Score: 2

      related to this is the joke of a document that is the CA constitution. if the US constitution is like the three laws of robotics, enumerating a core set of principles from which other principles follow, without containing any fluff or extra junk, the CA constitution is like that scene in Robocop where the citizen's commission filled Robocop's head with dozens of directives like "don't jaywalk" and basically shut him down.

      Case in point - there was a big fight over whether or not to legalize indian casinos. At a statewide ballot the majority voted no. So the casinos reorganized and put a constitutional amendment on the ballot 4 years later, which requires 2/3 vote. Due to better organization the constitutional amendment passed.

      I wouldn't be surprised if the teachers try to get a constitutional amendment that gives teachers special privileges.pretty sweet to be in a politically connected union and have no ambitions other than riding your current job into a fully-paid retirement at age 55.

    2. Re:State constitution, not Federal by TubeSteak · · Score: 4, Informative

      pretty sweet to be in a politically connected union and have no ambitions other than riding your current job into a fully-paid retirement at age 55.

      This used to be called "middle class."
      You're so far divorced from the way things used to be, that now it's some kind of offense for people to retire while they still have their health.

      Books have been written on the destruction of the American pension system.
      The "how" varies from decade to decade, but it's not a pretty story, no matter which period of time you want to look at.

      --
      [Fuck Beta]
      o0t!
    3. Re:State constitution, not Federal by Noah+Haders · · Score: 1

      i think people should be able to retire whenever their savings allow. you want to go move to florida or whatever, cool. if you can afford to do it at 55, then go for it. but public pensions aren't self-funded, they have shifted liabilities to future taxpayers. So I as a future taxpayer am paying my money so somebody *who hasn't earned it* can sit on the beach.

      if your idea of "the way things used to be" is that a select few lived from the pockets of many, then don't be surprised if that way is now gone.

    4. Re:State constitution, not Federal by TubeSteak · · Score: 3, Interesting

      but public pensions aren't self-funded, they have shifted liabilities to future taxpayers.

      [Citation Needed]

      Usually the story of underfunded pensions goes one of two ways:
      1. pension contributions being diverted to other purposes
      2. overly optimistic assumptions about future returns for the pension's investment fund

      if your idea of "the way things used to be" is that a select few lived from the pockets of many, then don't be surprised if that way is now gone.

      "Select few"?
      Again, you're to slanting your language to make pensions some kind of personal offense.
      The reality is that "many" had pension plans and the reason that today, only "a select few" have them,
      is partly a result of their unions fighting to retain what was once considered a basic part of the American dream.

      My idea of "the way things used to be" is a corporate culture where businesses balance the best interests of their share holders with that of their employees.

      Costco's Dilemma: Be Kind To Its Workers, or Wall Street?
      March 26, 2004

      "From the perspective of investors, Costco's benefits are overly generous," says Bill Dreher, retailing analyst with Deutsche Bank Securities Inc. "Public companies need to care for shareholders first. Costco runs its business like it is a private company."

      Costco appears to pay a penalty for its largesse to workers. The company's shares trade at about 20 times projected per-share earnings for 2004, compared with about 24 for Wal-Mart. Mr. Dreher says the unusually high wages and benefits contribute to investor concerns that profit margins at Costco aren't as high as they should be.

      10 years later and you can still read similar complaints about Costco.
      As a whole, America used to be more like Costco than like Wal Mart (2013)

      --
      [Fuck Beta]
      o0t!
    5. Re:State constitution, not Federal by Anonymous Coward · · Score: 0

      but public pensions aren't self-funded, they have shifted liabilities to future taxpayers.

      [Citation Needed]

      Usually the story of underfunded pensions goes one of two ways:
      1. pension contributions being diverted to other purposes
      2. overly optimistic assumptions about future returns for the pension's investment fund

      Citation Needed? I don't think you need to look any further than the cities of Detroit and Chicago and the state of Illinois. The state of Illinois, in particular, has $100 *billion* in unfunded pension liabilities, and thus has shifted liability for that pension to current and future taxpayers.

      Pension underfunding is not only a combination of (1) and (2) that you cite, above, but also (3), workers are living far longer after retirement than expected when pensions were calculated, and (4), health care costs have risen dramatically (since health care is often part of the pension package.)

      Part of the reason corporations dumped pensions from 1970 - 2000 is because they realized what Warren Buffett realized in the 1960s: it is almost impossible to calculate the expected future cost of defined-benefit (pension) plans. Defined-contribution (401(k), 403(c), IRA, Roth, etc.) makes more sense, since individuals can make better decisions about their expectations and futures - at least in theory. (It works for people that understand why you save; it totally fails in bad economic conditions or with people that don't save, which is apparently 80% of the workforce.)

    6. Re:State constitution, not Federal by thaylin · · Score: 1

      My public pension is self funded, similarly to your private 401k, I pay 6% and the state matches it. And who says they did not earn it? As a future tax payer they gave you an education so that you could be a tax payer...

      --
      When you cant win, ad hominem.
    7. Re:State constitution, not Federal by Solandri · · Score: 1

      pretty sweet to be in a politically connected union and have no ambitions other than riding your current job into a fully-paid retirement at age 55.

      This used to be called "middle class."
      You're so far divorced from the way things used to be, that now it's some kind of offense for people to retire while they still have their health.

      Not sure where you get that idea. "The way things used to be" when the Social Security Act of 1935 was passed was that you retired at age 60, while life expectancy at birth was about 60.* These figures have now diverged so that the retirement age is 65, but life expectancy is 78. If anything, the fully-paid retirement age should be increased to about 70, not decreased to 55.

      * There are all sorts of arguments you can make based on the life expectancy distribution curve not being the same shape then as now. Viewed in terms most favorable to earlier retirement, a male who reached retirement in 1935 could expect to live another 15 years. A male who reaches retirement today can expect to live another 18 years. But even under that best-case viewpoint, the retirement age still has not kept pace with increases in life expectancy.

      The only argument for lowering the retirement age to 55 is that productivity gains mean that people have to work less to satisfy their necessities. Unfortunately, most people aren't content with only having their basic necessities met in retirement. They want to buy an RV and go traveling, or vacation in the Bahamas, or watch their big screen HDTV. Things that were absolute luxuries in 1935. Couple that with increased competition for resources (primarily space for housing - the population is 2.5x what it was in 1935), and I suspect the productivity gains since 1935 are spent on increased expectations of what you can do once retired, rather than lowering the retirement age.

    8. Re:State constitution, not Federal by phorm · · Score: 1

      Nothing wrong with retiring at 55. The problem is that some people are at work but have essentially "retired" (mentally and effectively) when they're 50, etc. Leaving the workforce at 55 is great. Expecting to "coast" with full pay and minimal effort through the last half-decade is not so much.

    9. Re:State constitution, not Federal by Noah+Haders · · Score: 1

      sounds like a defined contribution plan, rather than a defined benefits plan. we're talking about defined benefits plan here.

    10. Re:State constitution, not Federal by Noah+Haders · · Score: 1

      hell, I'm coasting now! mod up if you're coasting through your job and reading this at work!

    11. Re:State constitution, not Federal by phorm · · Score: 1

      Does having a /. window open while waiting for a compile, an automated testing script, and various other things count?

      When I say coasting, I mean "not doing one's job effectively." In terms of schools, this means that the teacher is sitting at his/her desk playing solitaire while good students flounder around trying to figure out the textbook, and less-good other students are just playing games online or attempting to see how many pennies they can fill a CD-ROM drive tray with...

    12. Re:State constitution, not Federal by Anonymous Coward · · Score: 0

      Dude, pensions have only been around long enough to START bankrupting any organization that employs them. Promising your workers that 'you'll totally pay them for the rest of their lives because you can't pay them enough now' is a childish, insulting, overly-optimistic promise to make. A completely-unsustainable system might have made life good for a select number of people in a single generation? You'd have to be retarded to set the national bar that way.

    13. Re:State constitution, not Federal by Jumperalex · · Score: 1

      haha thanks, you mostly saved me from saying the same thing. So I'm just piling on for effect.

      While it might be a worthy discussion to have concerning just how much work gives you how much "paid-retirement" the fact that the concept itself is looked at with derision is truly sad. Instead of lionizing the few left who still have the option, it might be better to start demanding answers for why more people don't.

      *Disclaimer - I'm one of the lucky few

      --
      If you can't be good, be good at it!
    14. Re:State constitution, not Federal by david_thornley · · Score: 1

      Pensions are part of compensation, just delayed. If you remove somebody's pension, you've just given them a retroactive pay cut that they probably have no way of recouping.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    15. Re:State constitution, not Federal by Noah+Haders · · Score: 1

      yes except the workers made the bad decision to take an IOU instead of payment up front. Now the retired workers are just another creditor like a bank, and when a place declares bankrupcy the creditors get shafted. Always take payment up front.

    16. Re:State constitution, not Federal by david_thornley · · Score: 1

      We're not talking about bankruptcy in the case of teachers, but rather whether the government involved will put the necessary money in the system. Local governments do not often go bankrupt.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    17. Re:State constitution, not Federal by Noah+Haders · · Score: 1

      well i'm going bankrupt so i'm tired of paying for others to sit around on their butts.

    18. Re:State constitution, not Federal by david_thornley · · Score: 1

      And you have benefited from the lower taxes earlier from not having to pay the teachers what they're worth. Maybe you'd have gone bankrupt earlier if the teachers had received additional pay and 401(k) matching instead of pension promises.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. Tenure at the secondary level is a steaming pile by wannabe · · Score: 3, Informative

    At the college level, tenure is an important consideration for professors. It allows research into areas that are unpopular in a contemporary setting without fearing for employment. It facilitates the free exchange of ideas that are so important in a proper educational setting. However, in a public school at the primary or secondary level, what new and contentious ideas are expressed? What fear do teachers have in parroting their lessons to the students? Lessons are handed down from on high and the teachers are responsible to ensure students are proficient (in theory). So why is it that we need public school teachers to have tenured positions?

    I am open to thoughts on this subject, but based on what I know right now, providing high school teachers with tenure is a big load of crap. It keeps bad teachers in place and is simply one more outdated benefit that society can no longer afford. When high school teachers are working on original research and disseminating their results to students, then tenure is justified. Until then, it's just one more barrier to improvement.

    --
    "Draw them in with the prospect of gain, take them by confusion." Sun Tzu
  8. Some things will not change. by callahan2211 · · Score: 1

    New teachers get the lowest performing kids. Veteran teachers teach the AP classes and honors classes. This is really the opposite as it should be. If teachers are retained or promoted based on performance, then those with students with higher skills will perform better. If a principal does not care for a teacher for whatever reason, he will just put the lowest performing, most troubled kids in that teachers classroom. This alone, will not solve the problem of low performing schools.

    --
    "There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but myth and
  9. Kind of Good by Anonymous Coward · · Score: 0

    Except that the vast majority of universities in our country are more like secondary education institutions in that they exist to bring the masses up to speed rather than to foster research by the truly talented. Tenuring professors at a community college, for example, does not even remotely exist to allow these professors to pursue unpopular lines of inquiry.

    The majority of the education system is like the head of the dog trying to catch the tail (the Ivy League and the rest)

    1. Re:Kind of Good by Imrik · · Score: 1

      It does, however, allow the teachers to ignore the political games that crop up in most any organization.

  10. About time... by Anonymous Coward · · Score: 3, Interesting

    I worked in schools as an IT guy for several years. I cannot tell you how many bad teachers were there simply because they had tenure. Far, far too many. Teachers should be judged by their ability to teach, impart knowledge, by their merits as educators. Full stop. Test results should count against teachers. As should ability to control the class at large. So many teachers fail in the basics of being an adult. Sadly, college does not prepare teachers to handle conflict, personality traits, student discipline, etc. Most teachers throw their hands up and either declare the children delinquents or send those same children to the office over and over again rather than try and get to the root of the issue.

    I was blessed to have been given the chance to be a mentor for a student that wanted to go into IT via high school graduation and onto college. He was my intern for a school year. All he wanted was to learn in an environment that worked for him, not the stoicism of the classroom. I let him run with tasks to see him work and he shined. I spoke to the couselors about him and his grades for the year in other classes improved markedly because of a little care from someone. Schools suck largely because there is no accountability of the teachers. They "teach" students to pass the state standards exams. There is NO critical thinking taught, no thinking for yourself. Most kids in their senior year don't even know what a dangling participle is, let alone a gerund, or basics like using semicolons. My own intern thought Africa was a single country. He said others think the same. He couldn't find Israel on the giant wall map with the laser pointer.

    Teachers need to be taken to task as well as school administrators. Education is not what it once was, sadly.

    1. Re:About time... by Anonymous Coward · · Score: 0

      Test results should count against teachers.

      The point of tests is not that everyone passes. Most of the people should get a C on a properly graded test with very few A's and very few F's.

    2. Re:About time... by gweihir · · Score: 1

      This is truly sad. A good teacher is so incredibly much better than an online course. If teachers these days are so bad that they do not even manage to compete with online courses, things have utterly gone down the drain.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:About time... by Anonymous Coward · · Score: 0

      Strange. All my kids' teachers have been incredibly good... and they are all tenured... and the teachers at the private school I went to as a kid, really stunk (no tenure). Instead of blaming "tenure", maybe it's just the school.

    4. Re:About time... by Anonymous Coward · · Score: 0

      Not when all the children are above average.

    5. Re:About time... by thaylin · · Score: 2

      Not all children can be above average, in fact it is nearly impossible because of the nature of statistics.

      --
      When you cant win, ad hominem.
    6. Re:About time... by Anonymous Coward · · Score: 0

      Teachers should be judged by their ability to teach, impart knowledge, by their merits as educators. Full stop.

      Isn't that rather obvious? The difficult part is actually finding an effective, practical way to judge teachers.

    7. Re:About time... by Anonymous Coward · · Score: 0

      I worked in schools as an IT guy for several years. I cannot tell you how many bad teachers were there simply because they had tenure. Far, far too many. Teachers should be judged by their ability to teach, impart knowledge, by their merits as educators. Full stop. Test results should count against teachers. As should ability to control the class at large.

      What if a principal gives a teacher they don't like all the bad students? The ESL and handicapped, mentally challenged ones with discipline issues. That's how private and charter schools win in comparisons vs public schools. Fail a crucial metric? Get kicked out. See "Pump Up the Volume" for an old Christian Slater movie which had that as a subplot.

      What if I said IT people should be able to fix flaws in operating systems, by their merits as IT people. Full stop. It people should be able to impart knowledge to their users, by their merits as IT people. Full stop. Should you be fired because one teacher can't learn to use a mouse? Some idiot in the thread said he had 126 service calls in 340 days to one teacher's room . In my book that means there are two idiots there - an idiot with a problem and and idiot who can't figure out their target market's needs.

    8. Re:About time... by david_thornley · · Score: 1

      If you reward people for something, they will tend to optimize for that. There's a lot of pressure to get students to pass the state standard exams, so a lot of teachers will teach to the exam. Teachers and schools, after all, have to compete with teachers and schools that do teach to the exam. Teaching critical thinking is time that is more safely spent teaching to the exam.

      This is not a problem with the teachers. This is a problem with the system.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re:About time... by Anonymous Coward · · Score: 0

      How do you know how many bad teachers were there simply because they had tenure? Who hired so many bad teachers? And why is it, do you suppose, that so many bad people want to become teachers?

  11. I'm actually not sure it makes much sense at all by Sycraft-fu · · Score: 3, Interesting

    The thing is, what I see it do, working at a university, is protect old professors from having to do any work. We have professors who teach one class, or even none at all, do not have a research lab, and are barely around on campus. Yet they are not fired, because revoking tenure is a near impossible process. So they get to collect their paycheck and do next to nothing.

    It doesn't seem to help with regards to unpopular research because you have to do a bunch of research to begin with to get tenure. Who decides if you get it? Your peers, of course. So if you show up and do unpopular research, well then you aren't going to get tenure. It is a very real popularity contest.

    The only way it would help is if someone came in, didn't say what they really wanted to research, did popular research for 6-8 years, got tenure, finished up that research to satisfy the grants they had gotten, then started on their unpopular research. That requires an awful lot of planning and subterfuge. Hence you basically never see it.

    It really seems mostly to function to protect a good old boys club and make sure that if professors want to be completely useless during their twilight years, but not retire so they can still collect more money and get to play big shot on the university's dime, they can do so with no real fear of retaliation.

  12. Tenure should be available but not inviolable by DarkFencer · · Score: 4, Interesting

    There are important reasons for tenure in K-12 education, especially in this era. K-12 schools (and in turn teachers) in many areas receive incredible pressure from parents. It used to be if a child got poor grades the teacher wasn't the one blamed. Now there are many parents who have spoiled brats who they believe can do no wrong.

    That being said, tenure's protections should exist but should make teacher's positions far less invincible than they are in many areas now. There should be a process of discipline and removal for poor teachers. It should be as objective as possible so as to avoid undue parental pressure.

    Otherwise it creates a perverse incentive for teachers to inflate grades of their students.

    1. Re:Tenure should be available but not inviolable by NoKaOi · · Score: 2

      There should be a process of discipline and removal for poor teachers. It should be as objective as possible so as to avoid undue parental pressure.

      Therein lies the problem. What should it be based on? How many students pass? Standardized test scores? How about teachers that are good but get a job at a school whose students are generally poorer-performing vs teachers that aren't as good but work at a school with a higher caliber of students?

    2. Re:Tenure should be available but not inviolable by Anonymous Coward · · Score: 0

      There should be a process of discipline and removal for poor teachers. It should be as objective as possible so as to avoid undue parental pressure.

      Good news that's exactly what they already have in place.

    3. Re:Tenure should be available but not inviolable by DarkFencer · · Score: 1

      Therein lies the problem. What should it be based on? How many students pass? Standardized test scores? How about teachers that are good but get a job at a school whose students are generally poorer-performing vs teachers that aren't as good but work at a school with a higher caliber of students?

      Oh - I completely understand that it is a difficult question. Many of the evaluation options thrown out by people involve more standardize testing (which will favor students, and in turn teachers in better socioeconomic classes and with less English language learners).

      I'm not an educator myself, but I think an honest review for tenure purposes would have to consist of a comparison of student results from year-to-year, not just comparisons between students district/state/nation-wide. Then you could possibly see how a teacher has had a negative or positive (or net-zero) effect on student progress in their subject area.

      But again, this is my own layman's guess.

    4. Re:Tenure should be available but not inviolable by Anonymous Coward · · Score: 1

      It used to be if a child got poor grades the teacher wasn't the one blamed. Now there are many parents who have spoiled brats who they believe can do no wrong.

      This is the biggest problem. Sometime in the last twenty years, a large percentage of parents decided that the primary predictor of their child's intelligence was the skill of the teacher they had at this moment. Socio-economic class, parent-teaching, cultural and familial support for education, hard work, raw talent, and peer support were all but ignored. If little Johnny got good grades, it was because he was brilliant. If he got bad grades, it was because the teacher was unqualified.

      Certainly, there are bad teachers. There are also bad lawyers, doctors, programmers, bankers and waiters. However, there are also loads of bad --or at least neglectful and irresponsible-- parents who have been taught that the rest of the country will support them if they blame their lack of care for their child's education on an arbitrarily selected teacher. Thanks, rest-of-America. We should certainly try to get rid of bad teachers, and despite loads of people who were bitter at some teacher who didn't meet their needs, most truly bad teachers do get removed. It's harder to remove the mediocre teachers, especially when there is a shortage of good teachers... due in no small part to the number of people who insult education in general and habitually complain about teacher's attempts to get any sort of parity on salary-per-education level against other post-bachelor-degree fields.

      That being said, tenure's protections should exist but should make teacher's positions far less invincible than they are in many areas now. There should be a process of discipline and removal for poor teachers. It should be as objective as possible so as to avoid undue parental pressure.

      Otherwise it creates a perverse incentive for teachers to inflate grades of their students.

      One thing that many people here on Slashdot don't seem to understand is that this proposed system is already in place in the majority of schools in the country. Most school districts' "tenure" is simply a "must document before firing" rule. I've seen four "tenured" teachers removed from positions in the last six years. I know that there are some places with hard tenure, and I'm not a fan of that. But other opponents of primary/secondary tenure would do well to at least recognize that for the most part, they already have their wish, and that they should be wary of painting all teachers with the same brush.

      The primary reason that this "tenure" exists is to provide some sort of fair treatment for teachers. Remember: Teachers in the grand majority of school districts aren't allowed to quit their job. They are contracted and the contracts have punitive clauses for early resignation. It also protects teachers at higher pay scales from being fired just to free up budgeting money (something that many schools have done anyway). While I know a number of companies that have fired senior software developers to replace them with cheaper junior (or off-shore) staff, I don't know of any case where that resulted in higher quality work. I don't know why schools would be different. So, this "tenure" is less about providing a cushy job where teachers don't have to work hard anymore, and more about trying to convince them they won't be discarded on a whim, or because their salary is too high, or because little Johnny's mom was upset that he got a B.

      And here's the most annoying thing: All the people who have been pushing test scores as some savior for the education system are just making it worse. Understand that its easier to get good test scores than it is to be a good teacher. "Teaching to the test" is bad teaching, but that is what proponents of judging teachers by test scores are reinforcing. By deciding that a teacher's quality is directly reflected by a statistical measurement which is not strongly linked to

    5. Re:Tenure should be available but not inviolable by Anonymous Coward · · Score: 0

      Except that the biggest factor in student performance is the home life. Students that go home to poverty, abuse, neglect, anger, apathy, etc, are going to score lower than students in a supportive home environment. And you have no idea how the student's home life changes year to year.

    6. Re:Tenure should be available but not inviolable by dgatwood · · Score: 1

      The primary reason that this "tenure" exists is to provide some sort of fair treatment for teachers. Remember: Teachers in the grand majority of school districts aren't allowed to quit their job.

      Just to clarify, they aren't allowed to quit their job during the school year. They're free to give notice on the second day of class, so long as they stay until the end of the year. :-)

      It also protects teachers at higher pay scales from being fired just to free up budgeting money (something that many schools have done anyway).

      This. Just compare the quality of education you get at a university with mostly tenured faculty versus a university where most of the courses are taught by adjuncts, and you'll quickly see why tenure is a good thing. There's a very real benefit to keeping the composition of your faculty fairly consistent from year to year, rather than having an endless stream of poorly paid instructors who are there for a quarter, then are replaced by somebody else the next quarter, etc.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  13. About time... by Anonymous Coward · · Score: 1

    I currently work as a technology director for a school district and have for other districts in the past. I see teachers spending the bulk of their time on netflix, pinterest, facebook, etc... Not teaching. I see students being given busy work in the labs creating idiotic power points on useless subjects and what do I see on my screen showing all the staff computer screens? I see those students teacher in their classroom doing up his fantasy football stats.

    I even had 1 teacher who had 126 service calls to her room in 2 years. There was only 340 class days in that time, so she was avg. a call for help every 3 days. They all think they are gods gift and cant understand why dozens of their brightest students are doing everything they can to get into online courses.

    Where I am now, I have the equivalent of an entire grade doing nothing but online college courses and other online courses. The students dont want to be sitting in a classroom with a failure teacher who does nothing but play youtube and netflix videos every day.

    I hope this sweeps across the country.

    TEACHERS!!!!!!! PAY ATTENTION TO THIS NEXT STATEMENT!!!!!

    If you helped to get rid of the trash, it would make you more VALUABLE and you would get paid MORE.

    SUPPLY AND DEMAND. When there are a hundred failure English teachers ready to work and 1 good one, guess how much the good teacher will get paid? If the failures are gone and the school has 1 teacher with a good recomendation applying, guess how much they will try to court you for the opening?

  14. Tenure exists for a reason by Anonymous Coward · · Score: 0

    University professors have tenure so they can't be fired for research that goes against the groupthink. Public school teachers shouldn't be able to get tenure.

    1. Re:Tenure exists for a reason by gweihir · · Score: 1

      Does not work. Professors do not get tenure in the first place when they have ideas that go against the groupthink. Their only chance is to develop these ideas after they have tenure, but basically nobody does. The final test for getting tenure is to verify you are a good loyal little soldier that will not rock the boat or maybe even find out that older, more established professors are full of shit.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Tenure exists for a reason by MickLinux · · Score: 1

      Actually, it isn't quite that. Tenure at universities is part of academic freedom, which in turn is there to protect the deans from white elephants, such as a ten-million dollar donation with strings that the teachers must teach whoositztheory, or that they must not teach whassis to undergrads.

      Thing is, donaters love strings. That's why they donate; and if the donation is turned down, then the bigwig works hard to destroy the one who turned it down.

      Universities evolved the fiction of academic freedom (and the attendant tenure) to combat that. Typically speaking, at primary and secondary schools that isn't a problem at that level: bigwigs take it to the state government.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    3. Re:Tenure exists for a reason by Anonymous Coward · · Score: 0

      Does not work. Professors do not get tenure in the first place when they have ideas that go against the groupthink. Their only chance is to develop these ideas after they have tenure, but basically nobody does. The final test for getting tenure is to verify you are a good loyal little soldier that will not rock the boat or maybe even find out that older, more established professors are full of shit.

      Let's be clear, are you blaming tenure as a concept or the management that awards it poorly?

      Tenure seems like a good thing to give good teachers to protect them from future management irrationality. Since management is the one that awards tenure or denies it, the alleged problems with tenure, as with most other labor issues, lie with management's poor decision making skills. The simple solution is to not give tenure to bad teachers. If you can't discern the good teachers from the bad, then maybe you shouldn't be a manager where making those decisions is necessary.

  15. About time... by Anonymous Coward · · Score: 0

    Also, I have personally seen this with chemistry and physics teachers. They can get whatever they want $$$ because their subject is hard, therefore other teachers dont want to do it. I have sat down with administrators trying to brainstorm how to get someone extra $$$ and get around the teachers union so we could actually attract competent teachers. When that fails, we follow the contract and hire the best we can for the $$$ the union says we can pay them.

  16. You job should be no more secure than anyone else by marcgvky · · Score: 0

    This is great.... it's time to make everyone equal. I am a Marxist and don't understand why education is some type of protected class.

  17. Finally by nomad63 · · Score: 0

    Finally, a judge with common sense in the most liberal state in the country, fed by the donation of teachers' union. Wha-da-ya-know ? There still are people with integrity. I meant the judge. Take an example from him big bald governor of shame...

    --

    __________
    The more I know people, the more I love animals
    1. Re:Finally by nbauman · · Score: 1

      Finally, a judge with common sense in the most liberal state in the country, fed by the donation of teachers' union. Wha-da-ya-know ? There still are people with integrity. I meant the judge. Take an example from him big bald governor of shame...

      Judge Treu is a fucking idiot who can't listen to a witness' testimony and repeat it accurately a day later. He can't tell the difference between "grossly ineffective" and "cause for concern." He can't tell the difference between "no more than" and "equal to." Treu didn't have to take a test for his job. He's a political appointment.

      http://www.eiaonline.com/inter...
      Judge Rules in Favor of Vergara Thanks to David Berliner?!
      Mike Antonucci - Jun 10, 14

      Judge Treu’s decision contains this paragraph:
      There is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms. Dr. Berliner, an expert called by State Defendants, testified that 1-3% of teachers in California are grossly ineffective.

      David Berliner says:
      June 10, 2014 at 15:56
      You and the judge misquote me. I said during deposition That I had never seen a “grossly ineffective” teacher. I said I estimated that the number of poor teachers I’d like to get rid probably is no more than 1-3 percent. The questioning i got was about this statement in TCRECORD...

      When asked what percent might actually show up as cause for concern regularly, I said no more than 1-3%. I said nothing about 1-3% being grossly inadequate.

    2. Re:Finally by nomad63 · · Score: 1

      You are a useless teacher or know one of those very closely and intimidated by this ruling. Aren't you ? Scream all you want. End of cushy teaching positions with tenure is almost over and it is long overdue... In today's economy, nobody who can't do his or her job well, don't deserve to get paid just because being there. I bet you support teacher's unions and vote democrat regardless of the issues.

      --

      __________
      The more I know people, the more I love animals
  18. Re:Why cannot they work from home? by callahan2211 · · Score: 0

    Everyone in Silicon Valley? I believe the the high tech SV actually is low tech when it comes to telecommuting. Just look at what the new CEO did @ Yahoo, no more telecommuting. They could save billions of dollars in lost time, gas and housing costs if telecommuting was used more heavily in SV.

    --
    "There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but myth and
  19. Tenure should be available but not inviolable by Anonymous Coward · · Score: 0

    They already inflate grades. At the last school I was a technology director for, we had 2 valedictorians and 2 salutatorians because 2 different camps of staff had already picked their winners at the beginning of the year and didnt like the other camp of teachers. What are the odds that 2 students will get the exact same gpa down to the 3rd decimal place and then to follow that up have 2 more students get the 2nd position down to the 3rd decimal place?

    When you work in tech support at a school, you get to see what teachers have up on their screens all day (facebook, pinterest, fantasy football, etc...). It rarely has anything to do with school.

  20. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  21. Nah, it's not April by istartedi · · Score: 1

    Can't be. What next? PEU-Dem (Public-Employee Union-Democratic party relationship) found to be one party rule? Nah. A judge actually shedding light on Calfornia's corrupted system. It's got to be April. I'm sweating like a pig, it's 8 PM and the Sun ain't gone down yet though. Something ain't right. Damned pranksters.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  22. Destruction IS THE GOAL by bussdriver · · Score: 3, Insightful

    Universities have decreased in tenure and didn't give it out easily to begin with; that is what I've been told, I don't have data to back that up but in my experience, only 1 person in the dept had tenure. It took the poor guy just 4 years from retirement to finally get it; the rest are probably not going to get it and they are not much younger.

    Meanwhile teachers in k-12 only have to survive without making waves for 2 years and they are set. Now, people might hear that they can't be fired; but that is NOT the case. It depends on the system how bad that is.

    The standardized testing system is a joke and you won't make it much better than the joke it is. Unlike most subjects, education is a FUZZY topic and trying to quantify it is is impossible to do. But we are making idiotic metrics so that we can "fix" the system along those metrics...

    The reality is, from what I heard from a big player in the GOP is the plan is to RUIN public education and destroy the union as well. People like education too much so they must be made to hate it, then they will be receptive to formerly unpopular ideas like privatization of schooling and letting the poor fend for themselves -- a neocon dreamland. The expensive debt producing No Child Left Behind was designed to harm the system; it had no motives other than that. I got it from the horse's mouth.

    Their plans have worked extremely well. we hate the unions, we hate teachers, we love accountability but hate that people wanting to keep their jobs are teaching to the tests we measure them on. Education is turning into wrote learning; which is great if your future is at Walmart or in a 1st world sweat shop. The elite can pay for better schools (because they are better humans; duh! they have more money ) so their kids can learn to rule. History repeats... One has to expect it to trend towards the norm of human history (which never was democracy or upward mobility.)

  23. Re:Tenure at the secondary level is a steaming pil by bhlowe · · Score: 1

    If it is a pile, then rest assured it will be reinstated by the ninth circuit court.

  24. Only incompetent teachers need tenure by gweihir · · Score: 1, Insightful

    The others will be evaluated highly time and again. Hence the majority of teachers (which are incompetent, have no doubt) tried to secure their positions by lobbying for these laws. The same is, incidentally, going on with professors.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Only incompetent teachers need tenure by Anonymous Coward · · Score: 0

      So you would be perfectly with one of those "Incompetent" teachers being fired for refusing to teach creationism?

    2. Re:Only incompetent teachers need tenure by twistedcubic · · Score: 1

      Nonsense. It's not unheard of that an unscrupulous principal tries to fire a teacher who makes his incompetence evident via simple free speech.

    3. Re:Only incompetent teachers need tenure by L4m3rthanyou · · Score: 1

      We're talking about California here. The ruling could certainly bring some unfavorable consequences, but I doubt that will be one of them.

      --
      One of these days, I'm going to cut you into little pieces.
    4. Re:Only incompetent teachers need tenure by Anonymous Coward · · Score: 0

      Yes, people are only ever evaluated on merit. The personal and political motives of whatever administrators or school board members(all highly educated *ahem*) would never effect their decision making process.

    5. Re:Only incompetent teachers need tenure by FlyingGuy · · Score: 2

      Your position is not only short sighted but ignorant. Precedent precedes many many things. Think about the precedent this sets for someplace like Oklahoma where they push hard to denounce science and only want to teach that the earth and everything else was created in 6 days. Teachers have to push back just as hard and now they can be summarily dismissed if they don't fall into line.

      Be very careful what you wish for.

      --
      Hey KID! Yeah you, get the fuck off my lawn!
    6. Re:Only incompetent teachers need tenure by gweihir · · Score: 1

      Your definition of "competence" shows you are incompetent.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    7. Re:Only incompetent teachers need tenure by gweihir · · Score: 1

      Collective stupidity raises and falls in cycles. The US well is on its way downward and before the bottom is reached, no upward progress can be made. So, yes, raising a generation of since-ignorant kids may be necessary with all the massive negative consequences that has, before science gets respect again.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    8. Re:Only incompetent teachers need tenure by L4m3rthanyou · · Score: 1

      There is zero intersection between the "They" who are being pushed to denounce science to whom you are referring and the "They" who are now easier to fire without tenure. This is a ruling in California. Teachers will probably get fired for petty and political reasons, but I'd think it far more likely that a Californian teacher will get canned for insisting on teaching creationism than for refusing to teach it.

      If Oklahoma or some other very red state rules against tenure for public school teachers, then we'll talk. But I'd imagine that those states are already less sympathetic to the teacher's unions, and there are fewer perks to fight over. I also don't think that California has established any precedent outside of California, as the ruling pertains to the state constitution.

      And while it is indeed troubling that certain school curricula are increasingly trying to pass off religious hogwash as science, addressing it with that kind of generalization and paranoia really doesn't help the case for purely secular instruction.

      --
      One of these days, I'm going to cut you into little pieces.
    9. Re:Only incompetent teachers need tenure by Gavagai80 · · Score: 1

      An interpretation of the California constitution doesn't set a precedent for Oklahoma, and teachers in Oklahoma already have much less unassailable jobs.

      There are some really awful teachers out there, who aren't even trying. Some of them used to be good but stopped caring. Even when every observer is in 100% agreement, it's a colossal and extremely expensive task to get that teacher fired. Poor districts can't afford that process and will not try.

      --
      This space intentionally left blank
    10. Re:Only incompetent teachers need tenure by dgatwood · · Score: 1

      Now let's talk about why those teachers stopped caring. There's almost always a bad boss behind every employee burnout. Like they always say: Those who can't do, teach. Those who can't teach become school administrators. :-D

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  25. Re:I'm actually not sure it makes much sense at al by SydShamino · · Score: 4, Insightful

    My old professors who had retired from research were the best I had. The younger ones were all too focused on their research ("other job") to be an effective instructor. The older ones still taught because they loved to teach and it really showed in their classes.

    --
    It doesn't hurt to be nice.
  26. Teachers... by msauve · · Score: 1

    "Tenure laws one of the most..."

    Can the poster buy a verb? Or maybe have their non-tenured English teacher buy one for them?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Teachers... by El_Oscuro · · Score: 1

      Must have been taught by the LAUSD.

      --
      "Be grateful for what you have. You may never know when you may lose it."
  27. Re:Why cannot they work from home? by Anonymous Coward · · Score: 0

    That was just an underhanded way of firing X% of their workforce without doing an actual layoff. They knew many of their telecommuters wouldn't stay if they had to come into the office everyday.

  28. Re:Tenure at the secondary level is a steaming pil by twistedcubic · · Score: 1


    However, in a public school at the primary or secondary level, what new and contentious ideas are expressed?

    That's easy. A 3rd grade math teacher insists on his students memorizing multiplication tables. The principal disagrees, saying "drill and kill" is just outdated, and the students must use calculators instead. The teacher ignores the principal, who knows nothing of mathematics instruction. The teacher is put on leave for insubordination, and eventually fired.

  29. Re:I'm actually not sure it makes much sense at al by chihowa · · Score: 3, Insightful

    So they get to collect their paycheck and do next to nothing.

    That must vary by field.

    In the sciences, if a professor doesn't bring in funding for research, doesn't have any administrative roles, and doesn't teach, they don't get a paycheck. Their lab space will eventually be taken away and they will be left with only an office (which may be downgraded, Office Space style, to let active faculty have the nicer offices). It's a pretty pathetic way to go out and very few people seem to do it.

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  30. WTF Summary by L4m3rthanyou · · Score: 1

    "Tenure laws one of the most controversial aspects of education reform, and now the tide seems to be turning against them.

    Clearly, the submitter was instructed by a series of undeservedly-tenured English teachers.

    --
    One of these days, I'm going to cut you into little pieces.
  31. Treat the disease, not the symptom by Camael · · Score: 2

    Uhhh most states have 'fire at will' laws that mean you can get rid of a person for any reason or no reason whatsoever.

    The long history of public employment abuse definitely shows some sort protection is needed.

    So instead of having excessively permissive state legislation permitting abusive "fire at will" scenarios, coupled with excessively restrictive tenure laws carving out a special exception for educators, doesn't it make more sense to just deal with the source and amend the problematic state legislation on employment itself?

    This is like quibbling over how much painkillers cancer patients should legally be prescribed instead of treating the cancer itself.

    1. Re:Treat the disease, not the symptom by Anonymous Coward · · Score: 0

      Agreed. The US needs to do what the rest of the world does for ALL employees.

      1. Abolish "At-will" employment.
      2. Adopt "Just Cause" employmen at the Federal level. Kudos to Montana. Define a process for RIF's and termination due to mediocre performance.
      3. Apply the same rules to everyone regardless of whether they are unionized or not.

      Apply the rules to everyone so no one can game the system.

      I'm convinced the whole reason for H-1B visas is to leverage employment at will.

  32. Bad Comparison by twistedcubic · · Score: 4, Insightful

    Your example shows that if a knowledgable person takes a single student under their wing, the student might thrive. Now, imagine yourself in front of a classroom full of 30 students, most of whom are totally uninterested in your field. Do you have the same amount of time to commit to that one student who is really interested? You can't compare yourself to "bad" teachers, for you might be a bad teacher yourself under the same circumstances. Anyone can be a great teacher to one bright, really interested student.

  33. Re:Tenure at the secondary level is a steaming pil by twistedcubic · · Score: 1


    However, in a public school at the primary or secondary level, what new and contentious ideas are expressed?

    Another example: Instead of participating in "social promotion", an 8th grade math teacher fails 50% of his class since none of them can add fractions. The principal considers this outrageous since the students have been taking lousy math courses their entire lives and deserves a break. The teacher disagrees, and is aware of state (California) law which says teachers have the final say in grades, unless there is an error in computing the grade, or fraud. The principal fires the teacher, since such teachers can not and do not exist in the public school system here.

  34. My Arrogant Suggestion by Anonymous Coward · · Score: 1

    Extract "school grades" from standardized tests with local added questions. Measure teachers by the delta in each student between end of last year and end of current year. That way they're only measured on how much the student learns. Put in a demographic correction and there you go. Doesn't add any more tests, really does measure the teacher's teaching instead of the student's performance at grade level.

    1. Re:My Arrogant Suggestion by nbauman · · Score: 3, Interesting

      Extract "school grades" from standardized tests with local added questions. Measure teachers by the delta in each student between end of last year and end of current year. That way they're only measured on how much the student learns. Put in a demographic correction and there you go. Doesn't add any more tests, really does measure the teacher's teaching instead of the student's performance at grade level.

      People have tried that. It doesn't work.

      According to Diane Ravitch (and pretty much everybody else who has studied the data) the one factor that most strongly predicts standardized test scores (and their delta) is family income. That wipes out every other factor. Once you've done the demographic correction, the effect of the teacher is too small to be measured.

      There's no statistically valid test that measures the teacher's teaching ability.

      http://www.washingtonpost.com/...
      Actually, Louis C.K. was right about Common Core — Ravitch
      By Valerie Strauss
      May 3, 2014

      the American Statistical Association issued a report a few weeks ago warning that “value-added-measurement” (that is, judging teachers by the scores of their students) is fraught with error, inaccurate, and unstable. The ratings may change if a different test is used, for example. The ASA report said:

      Most VAM studies find that teachers account for about 1% to 14% of the variability in test scores, and that the majority of opportunities for quality improvement are found in the system-level conditions

    2. Re:My Arrogant Suggestion by Chris+Mattern · · Score: 1

      According to Diane Ravitch (and pretty much everybody else who has studied the data) the one factor that most strongly predicts standardized test scores (and their delta) is family income. That wipes out every other factor. Once you've done the demographic correction, the effect of the teacher is too small to be measured.

      So you're telling us teachers don't matter and we can manage them in whatever way costs us the least money. That's good to know.

    3. Re:My Arrogant Suggestion by Anonymous Coward · · Score: 0

      Nice!

    4. Re:My Arrogant Suggestion by thaylin · · Score: 1

      No, that you cannot just look at the delta from to arbitrary tests to determine the performance. For example in order to change the delta of the lowest performing students they have to lesson the load for the higher performing students, therefore throwing off the delta for that student.

      --
      When you cant win, ad hominem.
    5. Re:My Arrogant Suggestion by Chris+Mattern · · Score: 1

      Very well, I'll hand the ball back to you. What metric *should* we use to judge teacher performance?

    6. Re:My Arrogant Suggestion by giltwist · · Score: 1

      The biggest problem is that we teachers allow the government to set the bar for becoming a teacher, and the government sets it too low. When you mess up as a lawyer, you get disbarred by a committee of lawyers. That is what we need to do. Tenure is a good thing, because it protects, for example, science teachers who want to teach evolution in a conservative district. However, tenure is tarnished by the fact that unions won't police their own. If, for example, the NEA looked at the bottom 1% of its national membership each year for potential ejection, nobody would have any problems.

    7. Re:My Arrogant Suggestion by nbauman · · Score: 1

      Very well, I'll hand the ball back to you. What metric *should* we use to judge teacher performance?

      Experienced, successful teachers know how to judge other teachers. Some of those teachers go on to become principals and administrators.

      One of the jobs of a principal is to sit in the classroom of a teacher and evaluate how well the teacher is doing. You can't replace that principal with a Touring machine (which is what student testing is).

      Significantly, the principal doesn't evaluate the teacher to decide whether the teacher should be fired. If the teacher is doing something wrong, the principal teaches the teacher how to do it right. These high-stakes testing and anti-tenure movements keep talking about firing teachers. That reveals their hostility to teachers and unions. They're not trying to make better schools.

      How would you like it if your kids weren't doing well in school, and the school dealt with it by kicking them out and telling them to prepare for a life as an unskilled worker? How would you like it if you were having problems with something at work -- perhaps because they didn't give you the resources you need to do your job -- and your employer dealt with it by firing you and getting somebody else?

      Here's a story from the New York Times about how a principal rated a teacher very highly, but the student testing formula that New York City used said that she was in the lowest 7th percentile of teaching. As a result, the principal couldn't rehire the teacher next year. But her students were doing very well, and getting into the top NYC high schools, Stuyvesant and Bronx Science. In addition, the testing formula had a confidence interval of 0 to 52nd percentile. Do you know what a confidence interval is? Her 7th percentile ranking was statistically meaningless. Even according to that formula, she might have been in the top half of teachers. She was a good teacher. The formula was wrong.

      http://www.nytimes.com/2011/03...
      On Education
      Evaluating New York Teachers, Perhaps the Numbers Do Lie
      By MICHAEL WINERIP
      Published: March 6, 2011

      Department of Education accountability formula ranks an apparently excellent teacher as 7th percentile, prevents her from being rehired and maybe from getting tenure. Confidence interval 0-52nd percentile.
      Lab Middle School for Collaborative Studies, Stacey Isaacson, teaching 7th grade English and social studies 2y. Works 7am-5:30pm.

      Over 2 dozen students went to Stuyvesant High School or Bronx High.

      Formula ranks Isaacson 7th percentile among her teaching peers.

      If mayor and governor have their way, layoffs based on formulas, Isaacson is sure she would be laid off.
      Math and English teachers get teacher data report. Isaacson’s students had prior proficiency score of 3.57. Her students predicted 3.69 based on comparable students, actually scored 3.63. Isaacson’s value added is 3.63-3.69.

      Calculation based on 32 variables. Margin of error for Isaacson’s 7th percentile 0 to 52nd percentile, which would have made her eligible for tenure.

    8. Re:My Arrogant Suggestion by werepants · · Score: 1

      I personally think we should do some research to develop a sophisticated assessment and understand exactly what it measures and how. I think, ideally, the best assessment would be one that has some predictive capacity for later success. We could build something that is a predictor of successfully completing later education, or attach it to future income projections, or even something like life expectancy or lack of criminal convictions. Defining success is a tough thing, and inherently subjective and value-based, but that really gets at the heart of the problem: we are trying to define what "education" is. Most people would agree that the point of education is to make you a more capable and successful adult. The problem is, we've basically been treating it like the point of education is to make a person score highly on an IQ test, and I don't see any merit in that in and of itself.

      So, if we could develop some good predictors of student success, we could start to measure teacher behavior and how it impacts those attributes. We could then quantify what the best teachers can do, what the worst teachers do, and what a reasonable expectation is for improving the "success factor" of students in the class, and we could make attempts to control for other factors that influence things - measure improvement rather than comparing to a set value, account for things that cause greater difficulty like a large spread in student capabilities, which makes instruction difficult, or a problematic student/teacher ratio, or low per-pupil funding, or low regional income.

      Yes, this is complex, it's a decades-long undertaking, and there's probably some dramatic simplifications and assumptions in here and the reality is much more difficult. But the truth is, taking an arbitrary measurement of an attribute we don't understand, when we don't have defined criteria for success, means that standardized assessment as it currently exists is a masturbatory political exercise that misleads the public. We need to make education rigorous, which means end-to-end reform (educational research is mostly a joke currently). We need better researchers, better teachers, better measurements, and then when we actually understand the problem we can have an intelligent conversation about how to fix it.

      Note: Finland is already doing some of this. They have an amazingly rigorous teacher education program, and they've gone from very poor student performance, near the bottom of developed nations, to excellent performance, among the top nations in the world. It took them 30 years or so, though.

    9. Re:My Arrogant Suggestion by nbauman · · Score: 1

      When you mess up as a lawyer, you get disbarred by a committee of lawyers. That is what we need to do.

      How many lawyers do you know who got disbarred? There was a series of stories in the New York Times and elsewhere about prosecutors who had put innocent people in jail for prison terms of 30 and 40 years for murder, after falsifying evidence and not disclosing information that demonstrated that the accused were innocent, which required the prosecutor to commit perjury. Some people were asking why those prosecutors weren't disbarred, or even punished. Nobody could find an example of a prosecutor who had been disbarred after committing perjury and sending an innocent person to jail.

      If, for example, the NEA looked at the bottom 1% of its national membership each year for potential ejection, nobody would have any problems.

      The teachers' unions have said that when a teacher can't do his job, and can't be taught to improve, and he gets a fair hearing, then they could accept having him fired.

      However, these anti-tenure movements don't want to simply get rid of incompetent teachers. They want to destroy the unions, give school boards the right to fire teachers at will (i.e. arbitrarily for any reason they feel like), and lower teachers' salaries. If you look at the people who are paying the bills for these lawsuits, it's the anti-tax, anti-government billionaires like the Koch brothers.

    10. Re:My Arrogant Suggestion by dgatwood · · Score: 1

      Experienced, successful teachers know how to judge other teachers. Some of those teachers go on to become principals and administrators.

      This. Ideally, every teacher should spend three or four planning periods per year observing another teacher in the same school (without prior notice). This has two benefits. First, it allows teachers to evaluate one another (and if done randomly, helps reduce the impact of bias by administrators or other formal evaluators). Second, it allows teachers to notice good and bad habits in other teachers and emulate or avoid them.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    11. Re:My Arrogant Suggestion by nbauman · · Score: 1

      Second, it allows teachers to notice good and bad habits in other teachers and emulate or avoid them.

      That's a good point. I didn't think of that.

      It's strange that none of these anti-tenure movements talk about improving bad teachers, they only talk about firing them.

    12. Re:My Arrogant Suggestion by david_thornley · · Score: 1

      Why does there have to be an objective metric to judge teacher performance? Should there be one for programmers? Counselors?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  35. Some common sense... by Anonymous Coward · · Score: 0

    Finally, the US does something good for their broken education system.

  36. MOD PARENT UP +20! by Anonymous Coward · · Score: 0

    A hundred words of verbal diarrhea punctuated with "right wing idiots." Typed with Obama Fan Club secret decoder rings firmly in place on each finger, no doubt.

  37. Like the rest of the workforce... by cj9er · · Score: 1

    What makes teachers so special as never to get fired?! Welcome to the rest of the workforce

    1. Re:Like the rest of the workforce... by Anonymous Coward · · Score: 1

      1. Education is important for the advancement of society.

      2. Tenure doesn't mean a person can't be fired. It means a person is entitled to due process.

    2. Re:Like the rest of the workforce... by Uberbah · · Score: 1

      "If I can't have that, neither can you!!!!" Who needs due process or protection from political bullshit when you can have crab mentality?

  38. Strict government control is not good by Camael · · Score: 4, Insightful

    Seems to me that strict government control over government funded education (i.e. public schools) is legitimate. I await your argument as to why it's not.

    Bear in mind, I'm advocating loose government control instead of strict and not complete lack of control.

    1. Strict controls increase the administrative costs of having to comply with the rules and regulations. For every requirement dreamed of by bureaucrats, someone has to see to it that the requirement is met. This will unnecessarily inflate the budgets of schools, some of which are already operating on a shoestring.

    2. Strict controls distract the teachers from doing what they should be doing- educating students. I'd rather the teachers concentrate on how to improve their students' understanding of their lessons rather than be fixated on whether or not they have fulfilled their quota of hours spent teaching, etc.

    3. Strict controls in the form of standardized curricula, teaching methods and tests stifle creativity and innovation. If we accept that all humans are unique and different, why do we apply a one-size-fits-all approach to educating students? And if we search our memories of our most highly regarded teachers, it is often the case that said teacher went above and beyond the standard teaching methods to teach the students.

    4. Strict controls disempower the teachers from exercising their discretion and choosing the most effective means to educate their students. There is obviously a big difference between how you would teach a class of students from a privileged background as compared to say students from a ghetto neighbourhood who may be distrustful of authority.

    These are some points just off the top of my head. I will grant you that there are many horror stories of lazy teachers, corrupt school administrators etc in the education system, but the better approach would be to remove these people rather than introduce more rules and regulations to try and control their behaviour.

    1. Re:Strict government control is not good by msauve · · Score: 3, Insightful

      Why not simply let the parents (customers/taxpayers) decide, instead of locking them into a bad teacher who's only qualification is having been employed for a certain period? Tenure is more suited to higher education, where topics are more subjective than the fundamentals taught in compulsory school.

      I'd guess your're Brit (? - "neighbourhood "), but this article is in relation to the US.

      It may on rare occasion occur, but I don't think a teacher who changes their teaching style to suit an individual student is in much danger of being dismissed because they lack tenure.

      In the US, tenure is more related to union/protectionism than to academic freedom.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Strict government control is not good by John+Jorsett · · Score: 5, Insightful

      Seems to me that strict government control over government funded education (i.e. public schools) is legitimate. I await your argument as to why it's not.

      Bear in mind, I'm advocating loose government control instead of strict and not complete lack of control.

      When you say "loose government control", some people hear, "anarchy". Just like when you say, "lower taxes", they hear, "elimination of all taxation". No intermediate states are contemplated, or even considered possible.

    3. Re:Strict government control is not good by Anonymous Coward · · Score: 0

      The only problem I see with doing away with tenure is what happens if a good teacher has opinions which differ from school management? When I was in high school (the 1970s) we had several younger teachers who were at least to some degree opposed to the Vietnam war, and generally more liberal than the school board. Even WITH tenure, some of the teachers had a hard time of it, since virtually the entire school board was WW2 and Korean vets. Most of these teachers were good, a couple were terrible, but as a group they would have been kicked out for their views. The area today probably would, given he choice, fire John Birchers and other liberals.

      The question is how do you protect a person's right to their own opinion while not letting their opinions cloud your judgement. So far the civil service/tenure system approach is the best we've done.

      Anyone have better ideas?

    4. Re:Strict government control is not good by JD-1027 · · Score: 1

      2. Strict controls distract the teachers ...

      3. Strict controls in the form of standardized curricula, teaching methods and tests stifle creativity and innovation...

      4. Strict controls disempower the teachers...

      Wouldn't tenure mean there are no strict controls over teachers? Wouldn't it mean they can use their best judgement in teaching rather than worry about being fired for not following the strict controls?

      Isn't that the point of tenure in higher education? You have more freedom to be creative because you don't have to worry about being fired?

    5. Re:Strict government control is not good by ganjadude · · Score: 1

      well for example, most positions someones personal beliefs have no play. for example a math teacher, gym teacher, art teacher, biology teacher. The only place you would have that issue arise (or should anyway) would be history and social sciences.

      --
      have you seen my sig? there are many others like it but none that are the same
    6. Re: Strict government control is not good by KenHansen · · Score: 1

      Tenure affords a teacher protection from termination, that's about it, and while we'd all like to imagine that teachers want and are capable of taking their students far beyond the mere curriculum handed down by the administration (see Dead Poet's Society), the reality is it keeps the burned-out sexagenarian on the payroll and prevents young teachers from getting jobs. The purpose of teacher unions are to protect teacher's jobs, NOT to improve the education of the children. What do you think teachers talk about in their union meetings? The latest teaching techniques or their strategy for the next round of contract negotiations?

    7. Re:Strict government control is not good by zamansky · · Score: 1

      I've seen school administrators try to destroy teachers just so they could give a job to their (frequently less competent) buddy. Without due process (which is all that tenure is) these teachers would have had their careers ruined.

    8. Re:Strict government control is not good by Sarius64 · · Score: 2

      Obviously, no.

      Teacher, Mark Berndt, Pleads Guilty To Feeding Students Semen-Laced Cookies In Los Angeles School

      Case against ex-Miramonte teacher Martin Springer dismissed

      http://nypost.com/2014/05/13/notorious-pedophile-teacher-gave-victims-drug-laced-oreos/

      Girl was victim of both teachers charged in L.A. child abuse cases: report

      Mark Berndt: Profile of Perversion

      Mark Berndt's $40,000 Payoff

      LAUSD Molestations Spark Grim Federal Complaint

      Berndt allegedly kept a jar of Vaseline on his desk which he used to masturbate in class, and sometimes wore a "freakish" Mickey Mouse costume with women's tights, the parents say. They claim the school's principal Martin Sandoval walked into the classroom as Berndt was videotaping students but let him off with a verbal warning. The parents claim LAUSD ignored those red flags and other instances of "freakish behavior." "LAUSD ignored multiple prior student complaints about Berndt and a district attorney investigation. LAUSD ignored parent complaints and failed to detect the massive number of lewd acts committed by at least three active child predators on one small campus for years," the complaint states.

      Anderson Cooper 360 reports on why Teachers' Union killed a bill that would make it easier to fire SEXUAL PREDATORS in the classroom.

      Just In: CA Ballot Initiative to Target Sex Abusers in Schools

      Teacher puzzler: Part-time porn star fired, semen-feeder paid off

    9. Re:Strict government control is not good by sycodon · · Score: 1

      Having your own opinion is not the problem.

      Weaving your opinion in and around the subjects you teach, like Math and Science and History, etc others, is the problem.

      In your situation, the teachers should be allowed to be against the war. But railing on about it instead of teaching Algebra should not be allowed.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    10. Re:Strict government control is not good by Dishevel · · Score: 1
      Yes. This is how the wrong side argues almost exclusively now.

      Smaller accountable government? No. Scary Anarchy! Tea party = "Rich racists that do not want to pay any taxes!"

      Public education has for decades taught children to think shallowly. They have grown up and this is the result.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    11. Re:Strict government control is not good by Vitriol+Angst · · Score: 2

      Because Teachers will have to spend all their time dealing with parents, looking over their shoulder, and submitting resumes.

      Musical chairs with teachers and the paranoia of the job market is not going to be good for education.

      We can come up with a better way of getting rid of bad, lazy teachers -- but I think there needs to be MORE Tenure in other fields -- not less. It's just another "blame unions" garbage that goes around.

      The NUMBER one determination of bad education is Zip Code and the economics of the families in that zip code. Families without good jobs and insecure finances end up having broken homes, and bad education results. My neighborhood has mostly one parent not working, and lots of parents in the PTA and it's a public school and one of the best schools in the nation -- bar none.

      Bad Parent Situation = Bad Education.

      --
      >>"ad space available -- low rates!!!"
    12. Re:Strict government control is not good by AK+Marc · · Score: 1

      Why not simply let the parents (customers/taxpayers) decide,

      Do you work in IT? Many on slashdot do. Have you ever had a customer ask for something they obviously didn't want? I've seen an IT manager spend millions on Oracle because "that's what the other guys are doing". The funny thing is, they didn't even have a database. After buying and installing Oracle, he was amazed it didn't do what he wanted it to do.

      That's what you'd get if you put "regular" people in charge of education.

      Why not have experts in charge of the fields they are experts in? That'll never work. We need the dumbest person in charge of everything.

    13. Re: Strict government control is not good by Anonymous Coward · · Score: 0

      Like any other service provider, teachers, should definitely look over their shoulder for the people that pay their sallary.
      In communist-style environment it is the union officials and the tenure granting office that the emplyee will try to impress.
      As in any market, competition will do wonders to the customer. Products will become better and cheaper. In education this means that the actual students are better off. The producers and service providers are always better off if there is a restriction on the consumer. The question here is a question of values.
      What do you value more: the chance of better education for the student or the life of a tenure teacher?
      Tenure in the public sector is a really bad communist idea that has horrible reprocussions. Fields that have tenure never have the BEST people at their jobs. Those people will be identified as a threat and thrown out long before they will be able to compete for tenure. The actual people that will fill tenure positions are those that are good at getting tenure. Cutting the link between good work and compensation or bad work and being fired will cause the organizational behavior of any office to deteriorate into a mess. The problem is that this mesz hurts the people that are paying for the whole thing.

    14. Re:Strict government control is not good by Camael · · Score: 1

      When you say "loose government control", some people hear, "anarchy". Just like when you say, "lower taxes", they hear, "elimination of all taxation". No intermediate states are contemplated, or even considered possible.

      I agree, which is why that disclaimer is the very first line of my comment =)

      Moderation is an oft forgotten virtue in our turbulent times.

    15. Re:Strict government control is not good by Anonymous Coward · · Score: 0

      "Why not simply let the parents (customers/taxpayers) decide, instead of locking them into a bad teacher who's only qualification is having been employed for a certain period?"

      As a taxpayer, I'm a huge fan of my having a choice in this regard. Having made the rational choice to not have kids, but still charged with taxes to pay for other people's kids, I think we should use them all for fuel. And since most of the people in my district have also chosen to not have kids - clearly the children in the area should be used for fuel. It's about stakeholder choice and majority rule!

      Also, everybody should be able to pick their own teacher. For freedom! And the first step in that process should be that we should ship students from challenging (and often coincidentally urban) backgrounds out to (also coincidentally white suburban) wealthy districts with a proven record of hiring talented teachers.

    16. Re:Strict government control is not good by acsinc · · Score: 1

      When you say "loose government control", some people hear, "anarchy". Just like when you say, "lower taxes", they hear, "elimination of all taxation". No intermediate states are contemplated, or even considered possible.

      That seem like yet another failure of the education system to me

    17. Re:Strict government control is not good by jwhitener · · Score: 1

      Seems to me that strict government control over government funded education (i.e. public schools) is legitimate. I await your argument as to why it's not.

      Bear in mind, I'm advocating loose government control instead of strict and not complete lack of control.

      When you say "loose government control", some people hear, "anarchy". Just like when you say, "lower taxes", they hear, "elimination of all taxation". No intermediate states are contemplated, or even considered possible.

      Goes the other way also. When someone proposes a carbon tax, or increased environmental regulations, conservatives often translate that to "nuke the economy to death".

  39. So who do I sue now? by Anonymous Coward · · Score: 0

    I had a worthless tenured teacher in LAUSD high school who taught my Algebra2 class.

    Do I sue LAUSD or the state of California?

  40. Establishment of religion by tepples · · Score: 2

    Sued for establishing religion in violation of the First Amendment as applied to the several states by the Fourteenth, perhaps?

    1. Re:Establishment of religion by Anonymous Coward · · Score: 0

      With no due process you'll have no evidence that religion was the reason they were fired. The person responsible can make up any reason what so ever.

    2. Re: Establishment of religion by Anonymous Coward · · Score: 0

      I hope you don't mean the same establishment clause that should have prevented local governments from opening sessions with sectarian prayer. Because then you would seem really silly for believing that the first amendment is going to protect anyone from being a victim of religious retribution at the government level.

    3. Re: Establishment of religion by ArmoredDragon · · Score: 2

      Probably because the fourteenth amendment wasn't originally intended to be as broadly applied as it currently is. Its original wording just stated that state and local governments can't deprive anybody of life, liberty, etc. As time moved on, case law changed things so that the entire bill of rights applied to all governments within the federation. This mainly began in the 1920's, and one of those case law decisions was the same one that outlawed school prayer.

    4. Re: Establishment of religion by uncqual · · Score: 1

      Very true. A.k.a.the Incorporation Doctrine.

      And, the "original wording" is unchanged, activist judges reinterpreted it long after it was amended to the Constitution.

      It's telling that this didn't happen immediately after its passage when everyone involved its passage was still around to point out that it said what it meant and meant what it said. Instead the reinterpretation started just about when every adult alive when it was ratified was no longer available to explain what they understood it to mean.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    5. Re: Establishment of religion by Anonymous Coward · · Score: 0

      Why is this not a good thing? If your rights are violated at *any* level of government, that is a bad thing. People who say state/city governments should be able to do as they please are asking for a nightmarish scenario.

    6. Re: Establishment of religion by pnutjam · · Score: 1

      Sorry, but you don't get to explain what you meant when you wrote a law. You get the law you wrote.

    7. Re: Establishment of religion by Maxwell · · Score: 1

      Until the supreme court reinterprets it (by picking it apart) over time, yes.

    8. Re:Establishment of religion by Fjandr · · Score: 1

      And the second they got teachers to agree, they'd e stopped by lawsuits. It's an absurd example.

    9. Re: Establishment of religion by pnutjam · · Score: 1

      It's the supreme court's job to interpret the law, it's not the prerogative of the writer.

    10. Re: Establishment of religion by uncqual · · Score: 1

      Although, the courts can use "legislative history" and the like in their interpretation.

      For example the PPACA law which, as written, does not allow low income individuals to receive federal subsidies for their health care if they signed up on the Federal exchange (because their state didn't implement an exchange). This is clearly not a scrivener's error, but the SCOTUS may find that the legislative history coupled with slightly ambiguous wording (to one looking in the penumbras of the law for such ambiguity!) indicates that the "intent" of the legislators was to include subsidies for the Federal exchanges also.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    11. Re: Establishment of religion by AK+Marc · · Score: 1

      And others could say that the wording means the current interpretation, and it was the previous judges who were the "activist judges" failing to apply the law as written because it was politically inconvenient at the time.

    12. Re: Establishment of religion by uncqual · · Score: 1

      If the interpretation by the courts was so fatally flawed for the first 50+ years, wouldn't you think there would have been immediate and widespread outrage and the historical record would reflect this as a major political issue at that time? I don't recall reading of such outrage. Why didn't we almost immediately see a move for another amendment to clarify that the Fourteenth Amendment was really intended to also bind state and local governments to all provisions of the BoR (except, until recently, the Second Amendment for some odd reason)?

      It takes quite a majority to pass an amendment so it's not like it was just a couple politicians who pushed it through in the dark of the night via parliamentary tricks without being noticed.

      Don't you find it odd that the Incorporation Doctrine only took off after the vast majority of the politicians who were behind its passage were no longer alive to argue "Umm, no, that's not what we thought it meant when we backed it"?

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    13. Re: Establishment of religion by AK+Marc · · Score: 1

      If the interpretation by the courts was so fatally flawed for the first 50+ years, wouldn't you think there would have been immediate and widespread outrage and the historical record would reflect this as a major political issue at that time?

      Because the people at the time wanted the wrong interpretation. It slowed transition and was more palatable.

    14. Re: Establishment of religion by uncqual · · Score: 1

      Because the people at the time wanted the wrong interpretation. It slowed transition and was more palatable.

      So, the amendment that was passed with the consent of the people (via their state legislators) was interpreted for the first 50 or so years as they thought it was meant to be -- but they didn't mean for it to be interpreted that way? Huh?

      The logic of your argument (assuming you believe in a generally democratic process) escapes me.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    15. Re: Establishment of religion by KenHansen · · Score: 1

      "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." How do you male the leap from educating about an existing religion to 'establishing' a state religion? Discussion does not equal establishment.

    16. Re: Establishment of religion by AK+Marc · · Score: 1

      Yes. They wanted it to be more than they were willing to pass, so they passed more than they wanted. And slowed implementation. Lawmakers all the time pass stuff that affects their children more than those that passed it. Why is it unbelievable it happened?

    17. Re: Establishment of religion by tepples · · Score: 1

      It's establishing when the school board insists that teachers tell students that one particular denomination's interpretation of creation is "the truth". Even among Christians, not all denominations are young-Earthers. Jehovah's Witnesses, for example, use a "day-age" chronology, treating the God's-point-of-view "days" of Genesis 1 as amounting to millions or billions of years. Case in point: the seventh day has no "evening and morning" after it. My personal beliefs accept evolution as the tool through which God designed life. But because such intelligent design theories make no falsifiable predictions, even these don't deserve to be in a "science" class, except as part of a unit on history of science.

    18. Re: Establishment of religion by uncqual · · Score: 1

      It's not unbelievable.

      However, it seems it would have required a giant conspiracy to "let sleeping dogs lie" for about 50 years among almost everyone in the country (it also seems odd that a lot of people wanted the incorporation doctrine interpretation -- just not during their lifetime so they could benefit from it). I tend to be skeptical of conspiracy theories - esp. those that require the silent, but willing, participation of millions of people.

      Else, it seems someone (or, more likely many - including those already in prison for violation of such laws) would have, the day after ratification, started lawsuits to strike down various laws that would be unconstitutional under the incorporation doctrine

      Did these cases flood the courts and no lower court sided with the plaintiffs and SCOTUS denied cert on all of them as they wound their way through the system? I truly don't know the answer to this, but I've never heard this happened.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    19. Re: Establishment of religion by McFly777 · · Score: 1

      I hope you don't mean the same establishment clause that should have prevented local governments from opening sessions with sectarian prayer. Because then you would seem really silly for believing that the first amendment is going to protect anyone from being a victim of religious retribution at the government level.

      You seem to be confusing "freedom of religion" with "freedom from religion", and totally forgetting the second half of the statement, which prohibits the gov't from "prohibiting the free expression thereof." The members of the city council are perfectly free to pray, nobody can say that you have to join in their prayer, you are perfectly free to ignore them while they make "pointless speeches". (Of course the pointless speech will probably continue even after they stop praying.) In fact, if you ask, you would probably be allowed to offer your own prayer at some point in the meeting, but if you don't believe in a deity then you would just be asking for a moment of silence. Now, if your prayers happen to include sprinkling chicken blood, offering live sacrifices of small childern, etc. you may be stopped based on sanitary or other legal grounds.

      The first part of the first ammendment was intended to prevent what had been happening in England, and other places, where the King (or other gov't entity) declared alternately that everyone in the country was to be Catholic, or not-Catholic, Anglican, etc. and that being the opposite of whatever was currently in vogue was punishable, sometimes by death. The councilmembers deciding to pray does not establish a state religion, and as I said earlier, you are perfectly free to believe otherwise.

      --

      McFly777
      - - -
      "What do people mean when they say the computer went down on them?" -Marilyn Pittman
    20. Re: Establishment of religion by AK+Marc · · Score: 1

      Did these cases flood the courts and no lower court sided with the plaintiffs and SCOTUS denied cert on all of them as they wound their way through the system? I truly don't know the answer to this, but I've never heard this happened.

      They were applied as expected, though not to the letter of the Constitution, so nobody challenged them on Constitutional grounds. At least, not until the nation was ready. You seem to be presuming that every law is quickly challenged to verify the courts position. That may be true now, but was it as true 100-150 years ago?

  41. Higher paid? Why? by Kohath · · Score: 1

    Why should older teachers be (more than a little) higher paid? Is their productivity higher because they teach a larger number of students in a year? Do they teach the students who have the hardest time learning? Is "older" equivalent to more effective?

    Do public schools exist to provide teacher paychecks? Or are they there for children to learn?

  42. Entire school district by tepples · · Score: 2

    Without tenure, you're free to go work somewhere else if you find the current environment too oppressive.

    Not if the oppression is at the level of an entire school district and you need both your income and that of your SO to make your household's ends meet. Worse, not if the oppression is at the level of an entire state school system.

    1. Re:Entire school district by Sobrique · · Score: 1

      Without tenure, you're free to go work somewhere else if you find the current environment too oppressive.

      Not if the oppression is at the level of an entire school district and you need both your income and that of your SO to make your household's ends meet. Worse, not if the oppression is at the level of an entire state school system.

      Surely this is true in any industry?

    2. Re:Entire school district by thaylin · · Score: 1

      Except most other industries dont pay you so little for the 4 year degree that you need both incomes to survive.

      --
      When you cant win, ad hominem.
  43. Re:I'm actually not sure it makes much sense at al by KramberryKoncerto · · Score: 2

    It goes both ways; there may be a lot of sub-par lazy professors out there, but the fruits are so valuable that you can see it as buying a lottery ticket that actually has a positive expected payout. It's hard to picture a world where breakthroughs on difficult problems and honest research that lead to controversial findings don't exist, so we get too used to it - and forget these can't be allowed to happen if they are hindered by poor academic culture and policies.

    A lot of professors that work hard are protected that way. Old professors also do not have to directly compete with young researchers, so it's much more likely a committee would make sensible faculty hiring / tenure decisions that are free from conflict of interest. It's another issue that academics have to deal with other kinds of competition, such as research funding, as well as erosion of the tenure system by e.g. abusing adjunct professors.

    There do exist professors who switched to less hype-driven research topics once they got tenure; for the most convicted, it's part of playing a game to get their messages through. As you can see it's already a hard game to play, so we don't really want to make it even harder. It's also easier (and quite common) for researchers to move on to more difficult topics after they get tenure, where doing it before tenure is close to self-destruction. Andrew Wiles used his tenure status to gain 7 years of solitude, slow publishing small pieces of research he accumulated previously, just enough to avoid getting fired, and proved Fermat's last theorem, a centuries-old open problem. And there are actually more of these people than you think, that are willing to play some games while working hard even when nobody's watching.

    It's also not so clean cut that you can only do popular research to get tenure. Having a "good old boys club" can do bad and do good; a bad academic culture is harder to attack, while good academic culture is also more easily preserved. At a place that has a well-established healthy culture, it's easier to do `unpopular' research and still get tenured, and keep it that way. Sure these tend to happen in top institutions with an abundance of resources and strong attraction to top researchers, but it can be sustained partly because there are strong protection mechanisms within these institutions.

    Does the tenure concept need to be refined? Probably. Does it bring good to all universities? Probably not. But it is one of the strongest foundations of a thriving academia, which far-reaching effects, like a bottom piece in Jenga, so you need a view of the big picture and bring a much more stronger argument before you can take it away.

  44. Everyone wants the BEST teachers by Anonymous Coward · · Score: 0, Insightful

    Everyone wants only the best and most talented teachers in the schools. Overlooking the labelling of teachers as "terrible" and "lazy public service employees". The best teachers, with bargain rate starting salaries. The best teachers, who will be denied pensions or retirement if they don't perform for 30 or more years in an oppressive bureaucracy. The best teachers who could otherwise be working in private industry, writing quality textbooks, expanding scientific knowledge, exploring the depths of culture, instead of babysitting the cretinous offspring of John and Jane Sixpack.

    You don't get to have the best teachers. You get to have teachers who WANT TO TEACH. And we should support those teachers, we should be throwing money into the school system. That Silicon Valley libertarian goat fucker can go fuck a goat.

  45. mixed bag by Rutulian · · Score: 5, Insightful

    Tenure is a mixed bag. Yes, it can protect bad teachers, but it also...
          1) Protects experienced senior teachers. You might not think this is important, but guess what? Older, experienced teachers are generally more expensive and have more political influence. Hip new administrator comes in, wants to to change things up, slim down the budget. Get rid of the older teachers first beacuse the younger are cheaper and easier to control.
          2) Protects good teachers. You know the ones that actually teach and care about education, and don't just give A's to everyone for showing up and sitting at their desk. Actual teaching and enforcing academic standards tends to upset certain kinds of parents. Administrators don't like vocal and upset parents.
          3) Protects teachers that push against the administration. Not teaching to the test, enriching the curriculum, doing what might be considered risky things by some ( lab experiments, field trips, etc). Administration often doesn't want this, because it creates headaches for them, but teachers want it because it enhances the education of their students.
          4) In areas with strong influence by outside political groups, protects teachers that teach controversial subjects. Science vs. creationism is one example, but certainly not the only one. History, economics, literature, art...all of these can have controversial topics. Of course, we don't really teach these anymore, but that is a different topic.

    Whether or not tenure exists and how it is granted is really missing the point. If you want to improve the quality of teachers, we need to be looking at the evaluation systems that are in place, whether they exist, and why they may or may not be working. Most teachers simply are never evaluated ever, or they are evaluated in completely useless ways. Address that, and then maybe we can deal more easily with underperforming teachers, adjusting the tenure rules as necessary but keeping its major benefits.

    1. Re:mixed bag by Anonymous Coward · · Score: 1

      You pointed out some really important concerns. I've seen parents try to pressure teachers for not caving in when junior jerked around all semester and ended up failing (which can't happen to our nice upper-middle class children right?). I'm for pushing the tenure benchmark back, but even that is a problem because if a young teacher shows up and tries to rock the boat in a "pass-them-along" school system, he/she is a goner.

    2. Re:mixed bag by ruir · · Score: 1, Insightful

      On one hand, tenure has their downsides. Many of teachers abuse the position, either having their business on the side, and instead of addressing students, you have to go through their assistants, or are asses to the students, and generally create an environment that stands between a feudal lordship and a corporate/political ass-licking ladder. I only remember fondly a couple of teachers who really cared, and one of them was one of our really most difficult subject, calculus. The others were rotten apples, and the new arrivals were quickly infected. On that aspect, tenure does not work. On the other hand, we can see quickly where this one is heading. Teachers outside the tenure, and specially outside uni, are kicked around and little more than cannon fodder, and I sincerely doubt this is not just a final blow to undervaluate the price of man/hour of the whole teaching profession.

    3. Re:mixed bag by MobyDisk · · Score: 1

      This is a good summary. Notice however, that most of these scenarios require bad administrators. (Even the scenarios involving parents or political groups - since they cannot fire individual teachers.) Why does this happen? In the corporate world, bad administrators are usually removed from their positions. But in schools, it seems that these bad administrators stay in place and the teachers lose out. Why?

    4. Re:mixed bag by Rutulian · · Score: 1

      Just my personal pet theory, but I think it is because school administration is often a stepping stone to higher political careers on the school board, city council, etc. Education is really the least of their concerns. They are more interested in putting on a good face for the political elite, newspapers, activist groups, etc. And they often have only token teaching experience. Their training and their aspirations are to be administrators, not teachers, so they don't easily empathize with the task and problems of teachers.

    5. Re:mixed bag by ShakaUVM · · Score: 1

      > 1) Protects experienced senior teachers. You might not think this is important, but guess what? Older, experienced teachers are generally more expensive and have more political influence. Hip new administrator comes in, wants to to change things up, slim down the budget. Get rid of the older teachers first beacuse the younger are cheaper and easier to control.

      And yet the way the system actually works in practice? Young teachers with interesting new ideas get forced out of the system. The system is very hostile to people trying to do something different or interesting. It grinds you down and makes you quit.

      > 2) Protects good teachers. You know the ones that actually teach and care about education, and don't just give A's to everyone for showing up and sitting at their desk. Actual teaching and enforcing academic standards tends to upset certain kinds of parents. Administrators don't like vocal and upset parents.

      Well, this is true. But it protects good and bad teachers equally.

      > 3) Protects teachers that push against the administration. Not teaching to the test, enriching the curriculum, doing what might be considered risky things by some ( lab experiments, field trips, etc). Administration often doesn't want this, because it creates headaches for them, but teachers want it because it enhances the education of their students.

      Hah.

      Hahahaahahaha.

      Ah.

      > 4) In areas with strong influence by outside political groups, protects teachers that teach controversial subjects. Science vs. creationism is one example, but certainly not the only one. History, economics, literature, art...all of these can have controversial topics. Of course, we don't really teach these anymore, but that is a different topic.

      Again, doesn't happen in practice.

      Source: I've been an evaluator for school districts for over a decade.

      >If you want to improve the quality of teachers, we need to be looking at the evaluation systems that are in place, whether they exist, and why they may or may not be working. Most teachers simply are never evaluated ever, or they are evaluated in completely useless ways. Address that, and then maybe we can deal more easily with underperforming teachers, adjusting the tenure rules as necessary but keeping its major benefits.

      Now you're talking my language.

      There's a lot of fairly easy ways to test the performance of teachers, such as taking the delta of students' standardized test scores from the previous year and from the current year. Classroom observations and the like (which I'm sure you were referring to) are universally subjective and pointless. The reason we don't have a systematic method of evaluating teacher performance boils down entirely to the issue of teachers unions blocking them. Without data, it's hard to say who the bad teachers are, and the process of firing them is so convoluted and lengthy that most districts don't even bother.

    6. Re:mixed bag by Rutulian · · Score: 1

      That is a pretty dire picture of the classroom that you painted. It makes me wonder where you went to school, because that was not my experience at all. Tenure abuses at the primary/secondary school level (Uni tenure is a different beast entirely) might have been there, but I didn't see them. Bad teachers were there for sure, but that is why I propose looking at the evaluation system for teachers, rather than tenure, which is a bit of a red herring.

    7. Re:mixed bag by Rutulian · · Score: 1

      And yet the way the system actually works in practice? Young teachers with interesting new ideas get forced out of the system. The system is very hostile to people trying to do something different or interesting. It grinds you down and makes you quit.

      Uh, sure, but is that because of tenure? I doubt it. Are experienced teachers blocking good ideas and protecting themselves from younger teachers with tenure? No, not likely. Experienced teachers are protecting themselves from administrators. The younger teachers don't have this protection, unfortunately.

      Well, this is true. But it protects good and bad teachers equally.

      That is what I said above, but what would make this discussion more interesting would be some numbers. Exactly how many bad teachers are there? As a percentage of total teachers? And how many of those bad teachers have been identified as needing to be removed, but are being blocked by tenure? In my experience, "bad teacher" is often "teacher I don't like" which is another reason tenure exists.

      Protects teachers that push against the administration. Not teaching to the test, enriching the curriculum, doing what might be considered risky things by some ( lab experiments, field trips, etc). Administration often doesn't want this, because it creates headaches for them, but teachers want it because it enhances the education of their students.

      Hah.

      Hahahaahahaha.

      Why is that funny? NCLB didn't come from teachers. This has been a battle between teachers and administrators for a long time as well, since before NCLB. I'll grant that there are plenty of teachers that just do what they are told, but the exceptional ones are the ones that want to do more.

      Again, doesn't happen in practice.

      Source: I've been an evaluator for school districts for over a decade.

      Political influence happens in a lot of different ways. Curriculum decisions, text books, required coursework, etc. I agree that it is rare for specific teachers to be targeted, but any teacher that wants to work against political influence will be vulnerable.

      There's a lot of fairly easy ways to test the performance of teachers, such as taking the delta of students' standardized test scores from the previous year and from the current year. Classroom observations and the like (which I'm sure you were referring to) are universally subjective and pointless.

      All evaluations are subjective. Just because you can put a number on something doesn't mean it is helpful or meaningful. I don't give a rats ass about standardized test scores. It is fairly trivial to teach people how to take tests. And sure enough, all of the 1600 SAT score people took test prep courses. It says absolutely nothing about actual knowledge or critical thinking skills.

      The reason we don't have a systematic method of evaluating teacher performance boils down entirely to the issue of teachers unions blocking them. Without data, it's hard to say who the bad teachers are, and the process of firing them is so convoluted and lengthy that most districts don't even bother.

      Teachers unions have supported and called for effective evaluations for a long time. Test scores are easy to get and process, but are not very effective. Tell me about efforts to do something beyond the bare minimum for evaluations and we will have something to talk about. It doesn't have to be classroom evaluations. It could be periodic interviews and continuing ed courses, for example. I don't know. Test scores can even be a part of it, but they can't be the only metric.

    8. Re:mixed bag by ShakaUVM · · Score: 1

      >Uh, sure, but is that because of tenure? I doubt it. Are experienced teachers blocking good ideas and protecting themselves from younger teachers with tenure? No, not likely. Experienced teachers are protecting themselves from administrators. The younger teachers don't have this protection, unfortunately.

      Tenure means you can sit in the back of the classroom and read travel magazines all day, like my AP Physics teacher did, while the class does nothing but take problem sets. That the class then passes around and then grade.

      The tenure system certainly doesn't protect the starry eyed new teachers who do all sorts of creative and interesting things (and get good results) but end up quitting because the system grinds them down. And no, giving tenure to them wouldn't really help either, as a lot of them quit, not get fired. Though some do get pink slipped in order to avoid giving them tenure. Some districts I work with pink slip pretty much everyone they can every year and then rehire them back.

      >That is what I said above, but what would make this discussion more interesting would be some numbers. Exactly how many bad teachers are there? As a percentage of total teachers? And how many of those bad teachers have been identified as needing to be removed, but are being blocked by tenure? In my experience, "bad teacher" is often "teacher I don't like" which is another reason tenure exists.

      Number would help us to fire bad teachers, wouldn't it? That's why teachers unions are so adamantly opposed to it. And yes, I've heard their spokesmen repeat the claim that you made, that they support "reasonable" evaluation of teacher performance, but the actual reality is that they don't. Teachers themselves are - and with good reason - paranoid about whatever evaluation system is implemented, but the CTA opposes everything in practice.

      California applying for Race to the Top (RTTT), which will add accountability measures? The CTA offered $18k to every state senator who voted against it. It's nice being the organization with the most political money in the entire state, is it not?

      LA implementing a reasonable evaluation measure? Opposed. Doesn't matter if it would actually be used to determine pay or firings or whatever.

      I could probably do a fairly comprehensive analysis on what percentage of teachers are bad. I've got data spanning a large chunk of the state. But just pulling up one sample school district's results for a test I administered, elementary school teachers (and their students) were given a standards-based test in a core academic subject (which I won't mention so as to provide a bit of anonymity). Note that this was *the same test* their students took. It was a student test. So it was pretty basic stuff. Here's the results:
      Number of Teachers (N) taking test: 44
      Those failing (= 60% && "bad teacher" is often "teacher I don't like" which is another reason tenure exists.

      Which is, again, why we need a comprehensive and fair evaluation system. If teachers could lose tenure by scoring abysmally on a standardized content knowledge test, but keep it otherwise, then only the incompetent teachers could be fired. And only then if their principals thought they weren't salvageable. Teacher training programs can be effective at fixing these issues.

      >All evaluations are subjective. Just because you can put a number on something doesn't mean it is helpful or meaningful.

      I don't think you know what subjective means. Subjective means that a principal can do a classroom evaluation and give a teacher he likes a good review, and a teacher he doesn't like a bad review. Objective, by contrast, means observer-independent. It means that the system judges all people equally, It doesn't mean that the test is especially meaningful, as you say, since you could objectively assess things unrelated to a student's knowledge. But I will tell you that if Johnny comes in to your English class knowing 5000 words in the English language, and walks out of your class knowing only 3000, then you're failing at your job as an English teacher. Fair assessments can track this sort of thing.

    9. Re:mixed bag by ShakaUVM · · Score: 1

      Grr, Slashcode at the results.

      Here's the results again.

      N=44
      Teachers failing: 6
      Teachers marginal: 13
      Teachers passing: 25

      I also note several awkward sentences, which I apologize for. It's 2:10AM.

      You might also be interested in the firing rate comparison between public and private schools here: http://teachersunionexposed.co...

    10. Re:mixed bag by Rutulian · · Score: 1

      Tenure means you can sit in the back of the classroom and read travel magazines all day, like my AP Physics teacher did, while the class does nothing but take problem sets. That the class then passes around and then grade.

      And yet, a tenured teacher can also be like my AP Calculus teacher who put together the best curriculum I have ever been through. So maybe tenure isn't really the problem. I don't know anything about your AP Physics teacher. Was he a passionate physics teacher ever? Was he an english teacher that got promoted to physics? How much of this can be avoided by looking at hiring/evaluation practices and creating an environment where teachers are encouraged and supported to put effort into their classes? My AP Calculus teacher retired early. She loved to teach, but after some 30 yrs, the district bullshit was just too much, and at the time the administration was putting a lot of pressure on senior teachers to retire (because they wanted to save money).

      Teachers themselves are - and with good reason - paranoid about whatever evaluation system is implemented, but the CTA opposes everything in practice.

      I agree the teacher unions could be a lot more cooperative. But then teacher unions and administrators have had a long history of animosity towards each other. They don't trust each other. Has anybody asked teacher unions to develop an evaluation method that they would support? That would be a good place to start. If the feeling is that somebody is coming in from the outside with a lot of demands, no actual teaching experience, and no consideration for complexities arising from learning disabilities, language barriers, or socioeconomic status, I think they are right to be skeptical.

      Which is, again, why we need a comprehensive and fair evaluation system. If teachers could lose tenure by scoring abysmally on a standardized content knowledge test, but keep it otherwise, then only the incompetent teachers could be fired. And only then if their principals thought they weren't salvageable. Teacher training programs can be effective at fixing these issues.

      I agree. This is a good example. Teachers can't teach something they don't know.

      But I will tell you that if Johnny comes in to your English class knowing 5000 words in the English language, and walks out of your class knowing only 3000, then you're failing at your job as an English teacher. Fair assessments can track this sort of thing.

      I agree. But honestly, my first reaction to seeing a result like that is that there must be something wrong with the test, not the teacher. I don't know how someone just forgets half of their knowledge or how a teacher can induce someone to forget half of their knowledge. More likely, they intensively studied in an ineffective way for the first test. They knew enough to pass the test and then immediately forgot everything. They could have done the same thing for the second test, but then is that a useful evaluation? How much does that student actually know? Another thing to consider, is regurgitating vocabulary an effective way of measuring a student's mastery of the English language? How about prose, composition, grammar? Can they actually use all those words that they know, or just recite definitions?

      You might also be interested in the firing rate comparison between public and private schools here: http://teachersunionexposed.co... [teachersunionexposed.com]

      I note the difference in firing rate. And yet there is little to no evidence that private schools offer a better education or have better outcomes than public schools.

    11. Re:mixed bag by ShakaUVM · · Score: 1

      >I note the difference in firing rate. And yet there is little to no evidence that private schools offer a better education or have better outcomes than public schools.

      Not the difference, but the fact that public schools in California had effectively a 0% firing rate for tenured teachers. Are you telling me that no tenured teachers are actually bad, and should be fired? Because I can tell you the number is somewhere between 0% and 15%.

      >I agree. But honestly, my first reaction to seeing a result like that is that there must be something wrong with the test, not the teacher.

      Well, that was a pulling numbers-out-of-my-ass example. But the point is, we test students annually on their English and Math performance, so it's really not that hard to identify teachers that are doing a poor job, because we can see where their kids were at before and after their year of teaching.

      I'll tell you another thing - the creative teachers that don't teach to the test, throw away the textbook, and give their kids an interesting and engaging experience? Their students actually do pretty well on the tests. I had Jan Gabay (http://preuss.ucsd.edu/faculty-and-staff/bio/teachers/jan-gabay.html) as a teacher for two years, and she didn't spend a single day in AP English teaching to the test. The class didn't even know what would be on the test, but pretty much everyone passed. I work with similar teachers across the country (Bill Coate being a notable example) and they uniformly do well on their test results (both on my assessments and on standardized state and national assessments).

      So if a creative teacher is doing cool creative stuff and the students aren't doing any better on a standardized test after a *year* of their class, then yeah, I'll go ahead and say they're wasting the students' time. Remember, we're not interested in identifying who is creating the highest test scores, but rather which teachers are completely failing to educate their kids.

      Maybe we have a system were they're given intervention first before they can lose tenure (like how schools get PI before being taken over), maybe we have principals do impromptu observations of their classrooms (which would turn up problems like my AP Physics teacher, who was simply old and burned out - he'd give students free passes anywhere on or off campus when he didn't feel like teaching, and would send them out to bring him donuts), but these systems can be implemented with the data technology we have available today (I know, I've done them for a decade). It's just that the unions don't want anything that will make teachers easier to fire.

      >I agree the teacher unions could be a lot more cooperative. But then teacher unions and administrators have had a long history of animosity towards each other. They don't trust each other.

      Depends on the district, really. Some get along great, some make each others' life miserable.

      But I'm more talking about the state teachers' union, the CTA, which is the #1 donor to political campaigns in California. They have literally stood up in Congress and told our congressmen that "We put you there, we can get you out, too." In such an environment, there is zero chance that anything they don't want to go through, and they have no desire to see a teacher evaluation system put in place. Other states, like New York, are just as bad from what I can tell. Hawaii's education system is hilariously dysfunctional.

    12. Re:mixed bag by Rutulian · · Score: 1

      Are you telling me that no tenured teachers are actually bad, and should be fired? Because I can tell you the number is somewhere between 0% and 15%.

      No, where did I ever say that? I'm only disputing the claim that you have to get rid of tenure because it doesn't do anything but protect bad teachers. And the subclaim (not yours) that the only way to deal with bad teachers is to fire them.

      I agree with everything else you said. I still despise standardized tests, though. Mostly because they fail to distinguish between students who have actually learned something and students who just studied for the test. I do also insist, especially at the high school level, that the home environment and support from the parents is critical for effective learning. In AP classes, you don't see this because students, for the most part, don't take AP classes unless they are motivated to learn. In other classes, not so much. If a teacher doesn't know how to or can't succesfully engage these students, do they still deserve to be fired?

      But I'm more talking about the state teachers' union, the CTA, which is the #1 donor to political campaigns in California.

      I would suggest avoiding legal remedies, as it is a blunt instrument that people understandably resist when they perceive it as against their interests. Instead, work with the local districts and teachers unions. Come up with effective solutions that both support. When this happens at a sufficient scale, more will follow.

  46. Re:Sure, but by joelgrimes · · Score: 1

    There is a right to a quality education In CA's constitution. Also there must not be disparities between rich and poor, black and white, etc.

    The lawsuit claimed that poor, minority students were disproportionately damaged by last-in first-out layoffs and early teacher tenure because newer teachers will take jobs in low income schools. So when they have to cut heads district-wide, poor schools get hit hardest. They can't lay off the worst teacher in the district, only the newest one.

    The plaintiffs pounded home the message that ineffective teachers harm students, and ineffective teachers are prohibitively hard to dismiss due to 5 specific job-protections enshrined in CA law, and poor students are much more likely to be stuck with an ineffective teacher.

  47. Alarm bells by Anonymous Coward · · Score: 0

    ... disproportionately affect poor and/or minority students ...

    When I saw the above sentence my alarm bells rang

    Why would a bad teacher only affected (and disproportionately affected) poor and/or minority students ?

    And who are the minority students ? Those coming from the South of the Border ? Those with a dark complexion ?

    How come then the poor White and the poor Asians are never counted as students needing help ?

    Why ?

    1. Re:Alarm bells by nbauman · · Score: 2

      ... disproportionately affect poor and/or minority students ...

      When I saw the above sentence my alarm bells rang

      Why would a bad teacher only affected (and disproportionately affected) poor and/or minority students ?

      And who are the minority students ? Those coming from the South of the Border ? Those with a dark complexion ?

      How come then the poor White and the poor Asians are never counted as students needing help ?

      Why ?

      Why? The reason is that they made it up in order to find an excuse to apply the 14th Amendment. Their real purpose is to destroy unions.

      They're crying crocodile tears about poor and minority students.

      If they were so concerned about poor and minority students, they would equalize education in all the districts, and bring back the low-cost taxpayer-supported public universities in California.

    2. Re:Alarm bells by Anonymous Coward · · Score: 0

      Don't be dumbass. The phrase comes from the judge, who -- surprise! -- didn't get to decide whether to fund public universities in California but instead got to decide the case before him. And he described the evidence in his ruling, which shows that there is a clear clustering of especially poor teachers in the most impoverished and ethnically diverse districts.

      Unions defending their interests over the interests of their pupils are on to a loser. And that's what's happening here.

    3. Re:Alarm bells by thaylin · · Score: 1

      Actually pay attention. That quote was actually from the plaintiffs who the judge then quoted.

      --
      When you cant win, ad hominem.
    4. Re:Alarm bells by Anonymous Coward · · Score: 0

      you are aware that tenure rules have nothing to do with unions, right?

    5. Re:Alarm bells by frank_adrian314159 · · Score: 2

      I think this is a bad ruling, too, but the real reason that poor teachers disproportionately affect minority students is that (a) in many under-performing school districts, the student body has an over-abundance of minority students, as the non-minority students have decamped to private institutions and (b) better teachers take plum jobs in better performing public schools with fewer lower-income and/or minority (aka lower performing) kids, leaving the worse teachers in the lower-performing schools. You don't need political machinations to explain this ruling when simple statistics will do.

      And, yes, "If they were so concerned about poor and minority students, they would equalize education in all the districts, and bring back the low-cost taxpayer-supported public universities in California."

      Finally, yes - I use generalizations. YMMV depending on the particular kid, but statistically, the reasoning is sound.

      --
      That is all.
    6. Re:Alarm bells by Anonymous Coward · · Score: 0

      I've long suspected that they have sent the bad teachers to schools in poor neighbourhoods where the parents a less likely to complain about underperforming teachers and they can blame poverty and English as a second language for the students bad performance. Any experienced teacher at the top of their game is not going to want to teach in some inner city school with metal detectors and where children come to school hungry and have disciplinarian problems due to the broken homes they come from. It's more challenging to teach students who first language is not English and students from broken homes than it is to teach kids who come from nice stable, English speaking middle class homes. You will often see new inexperienced teachers starting out teaching in these poor schools too until they gain more experience and their teaching improves. They then look for a teaching position in a better school district. Poor schools have become the dumping ground for inexperienced and bad teachers.

    7. Re:Alarm bells by LifesABeach · · Score: 1

      I listened to the child plaintifs last night, they have no clue about what was going on. Which adults used these children are far more sinister than imaginable.

    8. Re:Alarm bells by vandon · · Score: 1

      Go ahead and complain all you want about this ruling....until YOUR child is stuck with one of those 3% of poor performing tenured teachers and you can't do anything about it until all the union appeals are done with.

    9. Re:Alarm bells by nbauman · · Score: 1

      Go ahead and complain all you want about this ruling....until YOUR child is stuck with one of those 3% of poor performing tenured teachers and you can't do anything about it until all the union appeals are done with.

      The people who are bringing this suit don't care about your child. They want to destroy public schools and unions, and leave you with nothing but private schools.

      It will be like Obamacare, where you don't have a public system any more, but you have to choose from among private for-profit systems run by billionaires. The rich will have their choice among good and bad schools, and as for the rest of us -- well, I hope you're rich.

      Michelle Rhee's charter schools had plenty of bad teachers. They just got away with it by erasing the wrong answers on the standardized tests and replacing them with the right answer.

  48. Re:Higher paid? Why? by Anonymous Coward · · Score: 2, Insightful

    Re. Why should older teachers be (more than a little) higher paid?

    Because they are more experienced, duh!

    Would you hire an experienced surgeon to operate on you or one just out of school? Would you hire an experienced lawyer to represent you or one who just passed their bar exam?

    So why the question with experienced teachers? I suggest you take a look at your influences, sources of information and your idealogical persuasions for an answer.

  49. Re:Higher paid? Why? by Kohath · · Score: 1

    Because they are more experienced, duh!

    How much more valuable is the 6th or 7th or 8th year of experience? If the students learn more, then teachers would be happy to be paid based of student test scores.

    Would you hire an experienced surgeon to operate on you or one just out of school?

    Teaching isn't surgery. If a surgeon has done a procedure 300 times, is it really a lot more valuable to have done it 600 times? I'm pretty sure most surgeons get paid at the same reimbursement rates for a procedure whether it's their 300th surgery or their 600th.

    So why the question with experienced teachers?

    Because teacher salaries are divorced from the value of their teaching.

  50. Replace teacher with CXO by Anonymous Coward · · Score: 1

    If its no good for teachers, then its no good for CXO's. No special treatment goes all around. Want extra money? Work overtime. I don't know about California, but where I live, teachers are required to work from 8:00 to 4:30, then from 6:00 pm - 9:00 pm, Monday thru Saturday. Lesson plans are checked by the Principal daily. Student evaluation charts are to be done weekly. The curriculum must be followed. Students who are falling behind will need extra help and extra material, which needs to be checked. Tests made up must follow the curriculum. Marking assignments must be done within 3 days of the assignment date. Special needs students need extra help/assignments/exercises/marking. Extras that are needed and that the school can't afford the teacher will have to pay out of pocket. I don't know how many CXO's would work so hard for so little return. I doubt any would. Where I live, teachers must have an education degree. Teachers are evaluated on a monthly basis. Parents complaints are taken into account, but every parent has always described their child as the most gentle creature alive, and would never use 'lazy, sleepy, disrespectful or holy-terror' to describe them. Parents never-ever send their children to school without breakfast (but the school has a breakfast and lunch program nevertheless). Those who would just bitch about teachers have never heard the words 'lesson-plan', don't know what it is, and really believe the teachers day is over when the kids go home. They are trolls and tools and don't know the job from a hole in the ground.

  51. Think of the kids by Anonymous Coward · · Score: 0

    All that'll happen is the kids in the disadvantaged areas will now have no teachers.

    You'd have to offer me a LOT to work in a bad school, but I'll bet pay is the same or less than in the good areas,
    the only thing making it viable for even bad teachers is 'tenure'.

    So, you've just got rid of that, market forces take over - well doh, we can't get even bad teachers in these areas now.

    1. Re:Think of the kids by Anonymous Coward · · Score: 0

      Bullshit. We can get young men and women to have their butts shot off overseas for less than we pay teachers. Teach For America places teachers in the very types of schools you describe. The unions fight that tooth and nail.

    2. Re:Think of the kids by nbauman · · Score: 2

      All that'll happen is the kids in the disadvantaged areas will now have no teachers.

      You'd have to offer me a LOT to work in a bad school, but I'll bet pay is the same or less than in the good areas,
      the only thing making it viable for even bad teachers is 'tenure'.

      So, you've just got rid of that, market forces take over - well doh, we can't get even bad teachers in these areas now.

      There's another reason now why teachers will avoid disadvantaged areas.

      Everybody in education knows that the one factor that predicts a kid's test results is family income. Family income also predicts a kid's increase in test results over a year.

      Teachers who teach disadvantaged kids will get lower ratings because their kids progress more slowly, and these rating systems blame the teachers for that. So they'll get fired.

    3. Re:Think of the kids by callahan2211 · · Score: 0

      nbauman,

      I agree with you. A study was done once to see what two factors had the strongest association with higher test scores. With the one factor being test scores/performance the other factors were: education of teacher, amount of homework, length of school day, experience of teacher, and family income. The strongest predictor was family income.

      The way the system is set up now, the new teacher's will be placed in the lowest performing schools. Low performing schools will have a large percentage of low income parents. Ergo, new teachers will be most likely to be let go because there students are not performing well. This is designed to fail the students and aspiring new teachers.

      This ruling alone will not solve the troubles we have in education. The way it is done is backwards, the most difficult assignments should be given to the most experienced teachers. There are a few other professions, usually government based, that have this backwards way of assigning jobs.

      --
      "There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but myth and
    4. Re:Think of the kids by Anonymous Coward · · Score: 0

      There's another reason now why teachers will avoid disadvantaged areas.

      Everybody in education knows that the one factor that predicts a kid's test results is family income. Family income also predicts a kid's increase in test results over a year.

      Teachers who teach disadvantaged kids will get lower ratings because their kids progress more slowly, and these rating systems blame the teachers for that. So they'll get fired.

      Or maybe poor kids do consistently worse because all they have is bad teachers? Income and performance may have high correlation but is income the cause of poor performance? Is it the primary causal factor without which the children cannot succeed? What happens when children from poor families attend the better schools from the the beginning of their education? If they do as poorly as the poor kids in bad schools then you have a point. If they don't then your point is irrelevant.

      I don't know of specific research that transplants poor children into quality schools just off hand. However, I suspect that they would do markedly better than their counterparts in the bad school.

    5. Re:Think of the kids by Anonymous Coward · · Score: 0

      There's another reason now why teachers will avoid disadvantaged areas.

      Everybody in education knows that the one factor that predicts a kid's test results is family income. Family income also predicts a kid's increase in test results over a year.

      Teachers who teach disadvantaged kids will get lower ratings because their kids progress more slowly, and these rating systems blame the teachers for that. So they'll get fired.

      Or maybe poor kids do consistently worse because all they have is bad teachers? Income and performance may have high correlation but is income the cause of poor performance? Is it the primary causal factor without which the children cannot succeed? What happens when children from poor families attend the better schools from the the beginning of their education? If they do as poorly as the poor kids in bad schools then you have a point. If they don't then your point is irrelevant.

      I don't know of specific research that transplants poor children into quality schools just off hand. However, I suspect that they would do markedly better than their counterparts in the bad school.

      The word you are looking for is "bussing". It helps the poor students but hurts the wealthier students, leading to wealthy kids moving out of public school to private schools. Since private schools can refuse service to people they don't like (e.g. poor test performers, special ed cases, etc all of which the public school must accept) they naturally have higher test scores.

      Look at it this way, for most people, if you try to hurt their kid's economic future by 1% to help other people's kids by 10% (a "Pareto" improvement by any other measure) they will scream bloody murder and vote blindly against the horror. The flip side to this is best summed up in an onion article, but my google-fu fails at the moment. It basically said "Nation to focus entire education budget on just six kids", that the rest were ruined and these last six were our only hope of inventing a way out of the hole we had dug.

  52. Re:I'm actually not sure it makes much sense at al by phantomfive · · Score: 1

    The only way it would help is if someone came in, didn't say what they really wanted to research, did popular research for 6-8 years, got tenure, finished up that research to satisfy the grants they had gotten, then started on their unpopular research.

    I kind of thought that's what every professor did. These guys aren't stupid after all, they know that tenure is the goal and see what it takes to get there.

    --
    "First they came for the slanderers and i said nothing."
  53. I beleive the Judge has misdiagnosed the problem by Anonymous Coward · · Score: 0

    Tenure is not the reason that the poor neighborhoods are the dumping grounds for bad teachers. The best teachers will get the jobs they want in the best neighborhoods. Without tenure I don't expect that teaching will become more attractive to the best candidates. I am surprised that the judge is really spewing this rationale. Judging by the original motivation for tenure and the politics behind its opposition this is more about crusading against government spending by those who can afford to buy off our elected officials.

  54. Kind of a snobby elitist... by Uberbah · · Score: 1

    Except that the vast majority of universities in our country are more like secondary education institutions in that they exist to bring the masses up to speed rather than to foster research by the truly talented

    ...because the #1 factor in a student's "talent" is how well off his or her parents are. Is the establishment of an aristocracy by cutting down public education a feature or a bug, for you?

  55. Re:Higher paid? Why? by Uberbah · · Score: 1

    If the students learn more, then teachers would be happy to be paid based of student test scores.

    Are you happy to be judged based on factors entirely outside your control? Cuz in this universe, the number one factor in a student's performance is the home he goes home to at the end of the day. A shitty teacher in Beverly Hills is going to have better standardized test scores than an awesome teacher in Detroit. But that's frequently a feature, not a bug, for social darwinists.

    If a surgeon has done a procedure 300 times, is it really a lot more valuable to have done it 600 times?

    Uh, yeah? That's 300 more times to see something unexpected and learn how to deal with it before he gets to you.

    Because teacher salaries are divorced from the value of their teaching.

    Says someone divorced from the reality of both work and education.

  56. Re:Higher paid? Why? by nbauman · · Score: 2

    Because they are more experienced, duh!

    How much more valuable is the 6th or 7th or 8th year of experience? If the students learn more, then teachers would be happy to be paid based of student test scores.

    There is no scientific evidence that any standardized test of students can demonstrate the ability of teachers, and quite a bit of evidence that it can't. Well-designed tests can give information about broad patterns like entire schools, or the nation as a whole, but they can't say anything about an individual teacher.

    Just about all education experts (like Diane Ravitch, for example) who have looked at the data have found that the most significant factor predicting student test scores is the students' family income. You want to raise test scores? Give parents more money.

    http://www.washingtonpost.com/...
    Actually, Louis C.K. was right about Common Core — Ravitch
    By Valerie Strauss
    May 3, 2014
    Louis C.K. tweeted “My kids used to love math. Now it makes them cry. Thanks standardized testing and common core!”

    Alexander Nazaryan, Newsweek, took him to task and asked Diane Ravitch to critique what he wrote. Ravitch criticized Nazaryan and defended Louis C.K. on her blog. Nazaryan makes the false claim that teachers' unions oppose Common Core. Actually, the NEA and AFT accepted millions of dollars from the Gates Foundation to promote Common Core, which they support, but they complained about implementation after their members complained about lack of resources, professional development, curriculum, etc.

    the American Statistical Association issued a report a few weeks ago warning that “value-added-measurement” (that is, judging teachers by the scores of their students) is fraught with error, inaccurate, and unstable. The ratings may change if a different test is used, for example. The ASA report said:
              Most VAM studies find that teachers account for about 1% to 14% of the variability in test scores, and that the majority of opportunities for quality improvement are found in the system-level conditions.

    Report by American Educational Research Association/National Academy of Education said test scores are affected by factors beyond the control of teachers.

    Diane Ravitch:

    Your belief in using test scores to hold teachers accountable has no research to support it, nor is there any real-world evidence. Many districts have tried this for four or five years and there is no evidence–none–that it produces better teachers or better education.

  57. They have forgotten the purpose of tenure. by sethstorm · · Score: 1

    It's designed to prevent about everything you see being proposed after it is removed. Hopefully this can be strung out long enough so that this ruling can die off for lack of standing.

    As for the people that think it has no place below post secondary level, consider that it protects from regression in curriculum (such as known in Kansas and Tennessee) as well as indirect threats to employment (such as done with North Carolina's permatemping mandate for teachers).

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:They have forgotten the purpose of tenure. by ledow · · Score: 1

      Only the U.S. and Canada practice tenure, even in the upper echelons of education.

      Look at the statistics, neither are particularly "advanced" compared to other nations on Earth that don't practice it. And sometimes, the statistics show both as being quite "Meh" when it comes to education and research. When they "win", they win only by scale, not by overall performance.

      Everywhere seems to have got by without tenure, and - in fact - my European teaching friends have a healthy fear of "American-style" education coming to their lands (the UK is already considered to be "American-style" to them), because it's usually accompanied by a drop in standards and expectations such that it appears to be doing something.

      If tenure showed itself in statistics, I'd be right behind it. It doesn't. It's a formalisation of an "old-boys network", and, personally, I can't imagine anything worse.

  58. Re:Sure, but by nbauman · · Score: 1

    Sure, tenure makes no sense for schools.

    But, what I'm really wondering is: Just what was the creative logic that the /judges/ used to conclude that tenure violated something (civil rights?) enshrined in the state constitution..

       

    The "creative logic," as you correctly describe it, was that one of the consequences of unions was supposedly that they kept incompetent teachers on the job, that this was harmful to students, and that it was more harmful to black, minority and poor kids. Therefore, it violated the non-discrimination provisions of the 14th Amendment.

    It's quite a chain of events from tenure to discriminating against minority and poor kids. Of course there's no evidence to back this up.

    There's a more direct connection between school funding and discriminating against minority and poor kids. (The original purpose of charter schools was to be able to run state-funded, private schools known as segregation academies that could refuse to admit blacks during the Civil Rights days).

    There's a much more direct connection between family income and student achievement. So if you really want to eliminate discrimination against minorities and the poor, then you should raise their incomes to Western European levels.

  59. Re:Sure, but by nbauman · · Score: 1

    The plaintiffs pounded home the message that ineffective teachers harm students, and ineffective teachers are prohibitively hard to dismiss due to 5 specific job-protections enshrined in CA law, and poor students are much more likely to be stuck with an ineffective teacher.

    The plaintiffs pounded away with a white paper that was never peer reviewed and never published by conservative economists who massaged data to get the results they wanted. As I understand it, this is the only paper that came to such a conclusion.

    A scientist would make predictions and then try to confirm them in the real world. Economists don't do that.

  60. Except that what you say isn't so. by sethstorm · · Score: 1

    At the time a teaching position was a super sweet patronage position that a politician awarded his friends.

    If you take a look at the South and their regressive remake of education, especially North Carolina, you'll find that old system returning.

    but the reasons that necessitated tenure are long gone, and all teachers are protected under the standard laws for hiring and firing, which cover us all.

    ...which are being eroded away by organizations like ALEC. Thankfully there are sensible states like Ohio that figured out how to get rid of these kind of groups.

    They also have a strong union that will ensure protections.

    I assume you're not a resident of any state in the South, inter-mountain West as well as not being a resident of Wisconsin, Michigan, Indiana, or Pennsylvania.

    So there's no need for special laws that give teachers more advantages than everybody else at the expense of their students.

    There's no need to abandon tenure when you can establish the very "van der Snoot" academy that you always wanted.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  61. The South would like to have a word with you... by sethstorm · · Score: 1

    The administrator doing that would be sued into oblivion and never work in education again

    Only if they're in a sane part of the US that doesn't recognize any conflict with religion and evolution (read: not the South).

    Now if you were talking about the Deep South, they'd be sued into oblivion and blackballed for not firing someone.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:The South would like to have a word with you... by Dishevel · · Score: 1
      What used to make the US such a powerhouse was a weak Federal government and stronger local governments.

      Federal law should be a set of have to minimums. Let the States experiment. Feds make sure that people can move about freely and States used to be different. Now Federal law is so all encompassing that very little difference is allowed between states. There are few places to go to get out from under the thumb of the federal government. This is bad.

      The upside here though is even though US public education is failing badly and has only gotten worse with the creation of the Dept of Education. We will not look at its abolishment and look instead at how we can remove any responcibility for performance from the Students, Parents, Teachers or Administrators. All fixes must come from the Feds. I am sure it will work out well.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
  62. Only in certain regions of the US. by sethstorm · · Score: 2

    Why not simply let the [overused libertarian bromide]?

    If not for how private schools operate, you might have a point. On the other hand, not everyone has the option of being accepted at van der Snoot Academy or affording it - which is how you see the ugly side of private schools and how they don't work.

    In the South, tenure is more related to union/protectionism than to academic freedom by virtue of cultural norms.

    Fixed that for you.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Only in certain regions of the US. by msauve · · Score: 1

      You're obviously a teacher who feels threatened because you are unable to think rationally.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Only in certain regions of the US. by thaylin · · Score: 2

      You are obviously someone who needs to make less fallacies.

      --
      When you cant win, ad hominem.
  63. Re:I'm actually not sure it makes much sense at al by Chris+Mattern · · Score: 1

    Research also requires funding. A tenured professor wanting to do unpopular research might not get fired, but he won't get funding, either. So the research doesn't happen.

  64. History by Peter+Simpson · · Score: 1

    "And the history teachers never bothered to mention the Germans and Italians that were in American concentration camps alongside the Japanese."

    Yeah? My mother had an italian surname and she joined the Navy. The Japanese-Americans were shamefully interned, but I'd like a reference to support your claim of internment of German and Italian Americans. If you're referring to POW camps, the German and Italian POWs were, by their own accounts, well treated, well fed, and given the option to remain in the US at the end of the war.

    Tenure in elementary and secondary schools makes good sense. Otherwise, the school administration. ever eager to save a buck, would lay off the older, higher-paid teachers, and hire new ones at lower wages. Tenure isn't what it used to be anyway, with teacher annual competency reviews and three-year recertification programs. Fail any of these and you're out. Tenure, correctly managed, retains older, experienced teachers, even though they cost more.

    1. Re:History by tsqr · · Score: 1

      Tenure in elementary and secondary schools makes good sense. Otherwise, the school administration. ever eager to save a buck, would lay off the older, higher-paid teachers, and hire new ones at lower wages.

      There is scant evidence to support the contention that in California, school administrations are particularly eager to "save a buck."

  65. Re:Why cannot they work from home? by Anonymous Coward · · Score: 0

    i never understood why tech people think that they have the right to not go to the office.

    you could telecommute to your classroom as a teacher too, video phoning in the lectures each day, what could go wrong?

    face to face interactions is worth more than the cost of commuting in.

  66. abuse does go both ways. by Anonymous Coward · · Score: 0

    yes it does. I've had employees who litigate like crazy because they got fired because a) did not show up to work on time (hours late at a white collar job) and had a co-worker swipe their fob to "clock in", b) were shopping all day on ebay/amazon and then went off to a two-hour hair appt during core work hours ( and we were generous with flex-time), and c) dicking around the office and having their friends come in to chat beyond lunch, which is very unprofessional. Needless to say, these workers were all unproductive. Me and others have tried to reason with them, but their behavior would just come back a week or two later. If the upper-mgt or the company was at fault, then others in the same rank would also dick around, but these were isolated employees at a span of 10-12 years in my professional experience in 3 different career paths (all white collar). Personally, I don't like to micromanage, nor is it my job to devote time to do so. I have my own projects and coding to do, and as mgt, I coordinate efforts and troubleshoot problem areas. It is not my job to nag. I don't even care if you watch the occasional youtube, but if you disturb others and only work effectively for less than 3 hours, I reprimand those people.

    There are people out there who just don't want to do work. They constantly ask for time extensions. I usually give 2 or 3 - other people in the same rank can finish it before or by deadline. I'm not their friggin' parent. I can see the pros and cons for work-at-will and tenure. But there are bad apples at both end of the spectrum. And I respect tenure, particularly at universities, but the amount of publishing associate professors and other non-tenured folks are expected to do these days (service work, etc) is abusive. But that's another topic.

    Having a job is not a right; it's a privilege.

  67. Priorities by Anonymous Coward · · Score: 0

    Well, in today's 'Merka, we don't cotton to none o' that fancy book-larnin'.

    Dem kidz whut read dem librul lies all think Noah warn't d' reason we have spaghetti goats and turnip sheep.

    Heck, The Flinstones is all the history they need.

    Basically, we don't give priority to teachers. I don't like tenure, but I also see lots of politicians (armchair ones at home, as well as ones sitting in office) seeing teaching as "fair game" for political battles.

    That goes for the Left, as well as the Right.

  68. Just curious... by Anonymous Coward · · Score: 0

    When has guaranteed employment divorced from demonstrable performance ever delivered a good result?
    I do feel for teachers because by-and-large we don't pay them enough to be the teachers and counselors and
    parents that they end up being in practice, but to me that's just an argument to pay them more (which we
    should) and pay extra to the really good teachers. We should also contemplate allocating our resources
    based upon need vs which district (and by extension property taxes) they live in because in the end, 20-40
    years from now, if we don't educate these kids and prepare them to take advantage of the opportunities our
    nation has to offer, intead of them working, paying taxes, and by so doing paying to take care of us... they
    are going to be 20-40 years older, in jail or on public assistance with us paying to take care of them. We've
    got to come up with incentives and solutions that work for both students and teachers.

  69. Why not do this everywhere? by mpsmps · · Score: 1

    What is so special about primary/secondary teachers that means that teachers with tenure are automatically better to retain than those without? If it's really a better system, shouldn't all employers base their promotion/firing decisions on seniority rather than merit?

    I work at a job where I am promoted over more senior people if I do well and will be fired if I do badly. While the company is far from perfect at judging, it still does a much better job of choosing who to retain/promote than mechanically basing it on seniority. I can't imagine how we'd benefit by saying that we can only fire employees that are new (instead of ones who are unproductive) and that our best employees would be permanently stuck behind the more senior ones. In fact, I imagine we'd go out of business.

    Mike

  70. the younger ones focus on keeping in a job by fantomas · · Score: 1

    Interesting point, but I think the reason for the younger ones focussing on research is not necessarily because they don't like teaching, it is because their chance of attaining job security depends on them focussing on whatever keeps them well regarded and hence likely to get interviewed another short term contract at the end of that teaching year. That something is probably more balanced towards research outputs (regular high quality journal articles being published) than outputs from teaching.

    I don't know about the USA but in the UK its not unusual for younger academics to have to pursue consecutive short term contracts for several years, each contract being 1-2 years long, before they have a chance of 'tenure' - a 'permanent' job (something that is open-ended and won't finish in months).

  71. Re:Higher paid? Why? by T.E.D. · · Score: 1

    Why should older teachers be (more than a little) higher paid?

    In pretty much any industry you can name, for any given job workers with more experience on the job tend to be paid more. There's nothing special about teaching in this regard. The only real difference is that in union shops the pay raises tend to be set by policy, rather than doled out semi-randomly by management whim.

    This isn't a theoretical thing either. My father-in-law taught high school English for 25 years, which made him the highest-paid teacher at his school. So of course the first thing that happened when his principal retired was that the new guy tried to get him fired (and then predictably bitched about being thwarted by the tenure system). Even with the unions and the tenure he was forcibly retired.

    This anti-tenure stuff is directly aimed at older experienced(=expensive) teachers.

  72. Wrong Fix by Anonymous Coward · · Score: 0

    The correct fix is simply to say that Tenure does not protect a teacher from underperformance, willful misconduct, or gross negligence.

  73. Standard Disclaimer by zildgulf · · Score: 1

    Standard Disclaimer:

    This ruling addresses the faults, as seen by the Judge Rolf Treu, of how these specific tenure laws are written and implemented. If other tenure laws allow firing of tenured teachers for proven just cause and tenure selection was given for those teachers with long proven positive track records, over 5 to 10 years, then the decision could have easily gone the other way. To imply that all existing Public School teacher tenure is at an end is an extrapolation nearly to the point of nonsense because tenure laws can be changed to address the faults found by Judge Treu in the existing laws.

  74. You're missing half the tenure equation. by hey! · · Score: 1

    All those young adjunct professors who are publishing like mad, refusing no committee assignment, and enduring any indignity their superiors can dream up in the vain hope of grasping the brass tenure ring. Often the decisions of the tenure committee are inexplicable, so you have no option but to put your nose to the grindstone and pray.

    That doesn't excuse the attitude "I've got mine, to hell with this place," but it makes it more understandable.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:You're missing half the tenure equation. by the+phantom · · Score: 1

      Just to ensure that we are on the same page (since the term "adjunct" means slightly different things in different places): adjuncts are contract workers who are generally paid by the credit hour to teach. They are not researchers, they don't have committee assignments, and they are not on the tenure track. They tend to have very little involvement in the day-to-day running of the department. The fact that adjunct faculty contribute very little to a department is why so many tenured faculty would rather hire professors onto the tenure track.

  75. Re:Why cannot they work from home? by thaylin · · Score: 1

    teaching requires face to face time, typically tech work does not. That is why things could go wrong.

    --
    When you cant win, ad hominem.
  76. Re:Higher paid? Why? by dentin · · Score: 1

    Frankly if teachers are only contributing 1-14% to test scores then I have to wonder why we employ them at all. That's an abysmal number. We could replace them with scarecrows or hobos and still get those numbers.

    Also, as I said before, I'd much rather have guesses based on data that is "fraught with error, inaccurate, and unstable" than guesses based on nothing. And right now, we have nothing.

    --
    Alter Aeon Multiclass MUD - http://www.alteraeon.com
  77. Difference? by phorm · · Score: 1

    Honestly, quite often they're one and the same.
    * A few years left
    * Often don't want to be there, but can't retire yet
    * Don't want to (or can't) learn new teaching methods, technology, or topics.
    * Expect to be treated special due to age/seniority, especially by younger staff members

    I've worked in multiple school districts. While there were some wonderful older teachers, the trouble-teachers were by far more in the camp of old and/or close-to-retirement VS young. They often didn't follow school rules, were disrespectful of younger staff, and generally not very effective at teaching. Their classes were ill-managed, and they tended to teach "the book" which means students were given some pages to read while the teacher played solitaire or napped at his/her (more often "her", but that could just be the gender distribution in my schools) desk.

    Younger teachers were more active in monitoring their classes, more interactive with students, more involved with extracurriculars, and generally more easy to engage by both students and staff. There also made significantly less than their older counterparts. I don't know about firing, but perhaps a more normalized "performance-based" wage would be beneficial.

    Again, this is not *all* old teachers, it's just that the curve tended to go that way. Getting set in one's ways and/or jaded can apply to many job types, but in education it's often fairly destructive to the students.

  78. University Tenure <> Public School "Tenure" by hey! · · Score: 2

    This is another one of those political talking points that amount to nothing more than dishonest quibbling. Yes, the kind of "tenure" that university professors get would make no sense for a high school teacher, but that's not what "tenure" means in public schools. It has the same *name*, but it means something *different*.

    It's practically impossible to get rid of a university professor with tenure. An elementary school teacher *can* be fired, but only for specific causes. Here are the list of causes which, under my states laws, a tenured public school teacher can be fired:

    (1) inefficiency,
    (2) incompetency,
    (3) incapacity,
    (4) conduct unbecoming a teacher,
    (5) insubordination
    (6) failure to satisfy teacher performance standards
    (note) teachers can also be laid off due to staff reductions.

    This seems like a pretty complete list of the justifications a reasonable person would need for firing a teacher. If a principal has documentation of any of these causes, the teacher is out. Immediately. The teacher can appeal to an arbitration board, but pending any reversal of the firing the teacher is not allowed back on campus.

    It's actually quite straightforward to fire a tenured teacher. Two of my kids teachers were dismissed, even though they had tenure. One for gross inefficiency, the other for conduct unbecoming a teacher (she told a black student he should "go back to the plantation"). The teacher fired for bad conduct was the head of the local teacher's union. The union did not make a stink in either case; it generally doesn't. It's OK with dismissals for cause, so long as there is documentation and proper procedures are followed. If there weren't documented cause or the teacher didn't get his right of appeal, they'd fight that, as they should.

    The myth that you just *can't* fire a tenured public school teacher is sometimes spread by lazy principals. They'll tell unhappy parents, "Gee, I'd like to get rid of that one, but he's got tenure. It's practically impossible to get rid of a tenured teacher." There was a case like that in my town where the principal kept telling parents there was nothing he could do about a certain teacher. Then they school got a new principal, and a few months later he fired the teacher in question.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  79. Self selection by EmperorOfCanada · · Score: 1

    I have watch awesome newer teachers have opportunities ripped from them by horrific teachers who had "seniority" not only is this unfair but probably results in the loss of newer better teachers along with the fact that fewer great teachers would even enter the educational system. But this seniority would not only serve to protect horrible teachers but probably attracts them as they would know that in many other lines of business they would actually have to perform.

  80. Logic? by sugarmotor · · Score: 1

    Found the Tentative Decision at http://studentsmatter.org/wp-c...

    On page 8 it says

    "Dr. Berliner, an expert called by State Defendants, testified that 1-3% of teachers in California are grossly ineffective."

    There is a huge difference between 1% and 3%. (That's like saying "I'll be there in 5 hours +- 2.5 hours"). On the other hand, how many "grossly ineffective" workers / managers are there in other professions?

    Now, why have these teachers been hired? Is eliminating tenure really going to change this figure? Are competent teachers going to get fired because they don't have tenure? Why is the waiting period only 2 years? Similar considerations are discussed at http://intl.kappanmagazine.org...

    With complicated systems like this, it makes no sense to look at one single element, and blame only it. So the decision will have large gaps in the logic.

    --
    http://stephan.sugarmotor.org
  81. Re:Tenure at the secondary level is a steaming pil by Anonymous Coward · · Score: 0

    However, in a public school at the primary or secondary level, what new and contentious ideas are expressed?

    That's easy. A 3rd grade math teacher insists on his students memorizing multiplication tables. The principal disagrees, saying "drill and kill" is just outdated, and the students must use calculators instead. The teacher ignores the principal, who knows nothing of mathematics instruction. The teacher is put on leave for insubordination, and eventually fired.

    As an added bonus, if the teacher is not insubordinate, those students will be selectively examined, found deficient in multiplication and then the teacher blamed for their poor performance. I've had good teachers and bad in my years at school. One public school teacher was really bad/borderline senile, two if you include university, but the rest were ok and several were great. The two years of private school I had, had more bad teachers than in all the years in public.

    If you want to kill a popular program, first you slander it, then you ruin it, then you kill it. That's why people fight the slander and try to stop the ruination. Everyone reading this post had a teacher who taught them to read, and most of those teachers were paid for out of taxes. Note the word "most" you pendants.

  82. Re:Higher paid? Why? by ColdSam · · Score: 1

    Are you happy to be judged based on factors entirely outside your control?

    If what you do makes no difference in the education of the kids you teach then why are you even paid at all? Obviously, there is something you can control, it's just a matter of figuring out how to fairly measure it.

    A shitty teacher in Beverly Hills is going to have better standardized test scores than an awesome teacher in Detroit.

    Which is why you wouldn't make a direct comparison between those two. If teachers were less afraid of being measured and contributed to better metrics to evaluate teacher performance then the system would already be much improved.

    That's 300 more times to see something unexpected and learn how to deal with it before he gets to you.

    The GP said "a lot more valuable." You respond by stating the hypothetical that it might be slightly more valuable. Riiight.

    If the situation hasn't happened in that first 300 times, then it is unlikely to happen very often in the next 300 times. Instead of grossly overpaying for that remote possibility I'd rather hire more teachers which I know for certain will result in better educational results.

  83. Collateral Damage ? by nehumanuscrede · · Score: 1

    Interesting ruling, but I wonder how long it will take some law school type to figure out they may be able to apply this case to other unions as well.

    All unions, to my knowledge anyway, prize seniority over all other variables. You can be the most amazing employee ever, but when it comes to layoffs, if you have less seniority than someone else, you get the boot first regardless of your abilities.

    The flip side of that is you can be the most incompetent employee ever and, due to seniority rules, you get to stay because you've sat in the chair longer.

    What really burns me about unions is the two aforementioned employees are paid the same once they have been with the company X years. In my opinion, this creates serious motivational issues for both employees:

    One realizes they can do the bare minimum and still get paid.

    While your super employee realizes that busting their ass is rather pointless since the other one that is sitting in the corner, drooling on themself is being paid exactly the same as well. ( to add insult to injury, if droolio has more seniority, they have more vacation time to boot )

    I fight with unionites all the time who try to tell me the pay is what it is because the Union fights for their members. I point out that since Union dues are a percentage of employee pay, the Union is actually fighting for its own pay raise, not the members. It also explains why the unions never back down over pay, but will instantly give in to health care premium increases since those come out of the employees pockets and not the Unions.

  84. Re:Higher paid? Why? by Uberbah · · Score: 2

    If what you do makes no difference in the education of the kids you teach then why are you even paid at all? Obviously, there is something you can control, it's just a matter of figuring out how to fairly measure it.

    Repeating myself since you skipped it the first time:

    Cuz in this universe, the number one factor in a student's performance is the home he goes home to at the end of the day. A shitty teacher in Beverly Hills is going to have better standardized test scores than an awesome teacher in Detroit. But that's frequently a feature, not a bug, for social darwinists.

    Which is why you wouldn't make a direct comparison between those two.

    Thus the problem in standardized testing and "merit" based pay.

    If teachers were less afraid of being measured and contributed to better metrics to evaluate teacher performance then the system would already be much improved.

    Teachers are already measured. What they are "afraid of" is nakedly bullshit measures like...standardized testing, "merit" based pay, and the farce of forcing schools to compete for money. All of which undermines the professionalism and compensation of the job - by design.

    The GP said "a lot more valuable." You respond by stating the hypothetical that it might be slightly more valuable. Riiight.

    Willfully obtuse. Unless you're going to tell me that you tell your supervisors that you shouldn't have raises based on expereince because there's little difference between your work now, and when you entered your profession 5, 10, 20, 30 years ago?'

    Riiiight.

    If the situation hasn't happened in that first 300 times, then it is unlikely to happen very often in the next 300 times.

    Tell that to this girl.

    Instead of grossly overpaying for that remote possibility I'd rather hire more teachers which I know for certain will result in better educational results.

    Grossly over paying? Please, not one of you Bircher-Baggers would touch a teaching position for less than six figures, so take your cheapsake crocodile tears somewhere else.

  85. Re:Sure, but by dgatwood · · Score: 1

    The lawsuit claimed that poor, minority students were disproportionately damaged by last-in first-out layoffs and early teacher tenure because newer teachers will take jobs in low income schools. So when they have to cut heads district-wide, poor schools get hit hardest. They can't lay off the worst teacher in the district, only the newest one.

    That's fundamentally flawed logic at its most basic. Yes, the teachers at the poorer schools are in the worst position, but assuming the cuts are based on firing the newest teachers in the district, rather than on a per-school basis, those poorer schools end up in the best position.

    When they have to cut heads, they can't just cut out all the teachers at the low-income schools, because they won't have enough teachers to cover the classes. There are laws limiting class sizes, and all students are guaranteed an education, so there's a lower bound on the number of teachers below which those schools cannot drop. Therefore, if they remove the newest teachers, that means that most of the teachers at the poorer schools are removed, but because those schools are likely at or near the lower bound already, nearly all of those removed teachers must be replaced by someone, and more to the point, by definition, they must be replaced by someone with more experience than the teacher who was removed. Usually, that means that the quality of education improves.

    And in the general case, poorer students are likely to be stuck with worse teachers no matter what, because the best teachers are more likely to get jobs in better districts with better pay. Tenure has no real effect on that whatsoever....

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  86. Re:Higher paid? Why? by ColdSam · · Score: 1

    Repeating myself since you skipped it the first time:

    Didn't skip it, just pointing out that you refuse to address the obvious contradiction that either good teachers make a significant difference in a child's education or they don't. If they don't then why should we pay better or more experienced teachers any more? If they do, then let's figure out which teachers are better and reward them for it. You can't have it both ways, no matter how hard you try.

    Thus the problem in standardized testing and "merit" based pay.

    It's a problem, one that happens all the time in every industry, every profession, every incidence of human interaction. It's not an insurmountable problem, unless you just refuse to address it.

    Teachers are already measured. What they are "afraid of" is nakedly bullshit measures like...standardized testing, "merit" based pay, and the farce of forcing schools to compete for money. All of which undermines the professionalism and compensation of the job - by design.

    Again, you want to have it both ways. Are some teachers better than others or not? If the millions of teachers can come up with a better system than standardized testing, then we'd be totally okay with it. However, sticking your head in the sand and saying that there is absolutely no way to tell a good teacher from a bad teacher just makes you look silly.

    Willfully obtuse. Unless you're going to tell me that you tell your supervisors that you shouldn't have raises based on expereince because there's little difference between your work now, and when you entered your profession 5, 10, 20, 30 years ago?'

    No, just like you I want to get paid far more than I'm worth. However, if I were going to set up a system to pay other people, I would do it fairly, which means that I would pay them for their current skills (which include their relevant experience). Just being around for 20 years doesn't automatically make you better, in some cases it makes you worse.

    Tell that to this girl.

    First off, I tolerated your analogy in your previous post even though it was a ridiculous extreme - one minor mistake by an elementary school teacher is not going to cripple a kid for life. However, even in this case I would still rather have 50% more children getting the necessary surgery than pay twice as much to a doctor who can better handle a very rare case.

    Grossly over paying? Please, not one of you Bircher-Baggers would touch a teaching position for less than six figures, so take your cheapsake crocodile tears somewhere else.

    If teacher A would gladly do a job for $50k and teacher B who is 5% better wants $90k, then yes, teacher B is grossly overpaid. It is completely irrelevant how much Lebron James or the person who serves your McNuggets earns.

  87. Re:I'm actually not sure it makes much sense at al by Anonymous Coward · · Score: 0

    That's not true. Tenured professors do not lose their paycheck. It will, however, get eroded over time.

    Regards
    David Collum

  88. no tenure and no child left behind by Anonymous Coward · · Score: 0

    Easy fix. You each day have to prove yourself as an educator. A student also should have to prove themselves a learner. Lets reward each as they colaborate to actually contribute to society. Bad teacher get fired after the class revolts. Be an smart a$$ as a student get kicked out by the teacher and rest of the class. Students and teachers should be accountable to each other. Solves class clowns, bulies, and layabouts.

  89. Re:I'm actually not sure it makes much sense at al by chihowa · · Score: 1

    That entirely depends on the institution/department and the negotiated contract. At no university I've been at could a tenured professor totally check out (stop teaching/researching/administrating) and continue to collect a paycheck or remain employed. It makes no sense for an institution to not have certain performance expectations of the faculty set in the contract.

    In any case, it's unlikely an absentee professor would make it past the next post tenure review. Tenure doesn't make you unfirable, it just ensures you have access to due process before being fired.

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  90. Re:Higher paid? Why? by dgatwood · · Score: 1

    You're interpreting the number wrong. It isn't saying that only 1–14% of the material learned comes from the teachers. It's saying that only 1–14% of the test score delta between a typical high-scoring student and a typical low-scoring student is caused by differences in the quality of teaching—that socioeconomic factors play a much bigger role in that disparity, as does the degree of involvement of the parents in the children's education.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  91. Finally! by linuxcowboy2 · · Score: 1

    IMO, nobody in the public or private sector at any level should have a job secured for life. We all should be hold responsible to perform and keep actualized.

  92. You job should be no more secure than anyone else by Anonymous Coward · · Score: 0

    as a Marxist there are an awful lot of things you don't understand, human nature being one of them

  93. Re:I'm actually not sure it makes much sense at al by newslash.formatblows · · Score: 1

    You are far removed from the point of tenure for someone who works at a university. The idea is that the *administration* can't drop-kick you for ridiculous reasons. If you're doing good (i.e., publishable) but controversial research, tenure keeps some jackass state legislator from leaning on the university president to fire you. When many faculty have not seen raises in years, tenure is one of the few remaining perks of the job.

  94. Not sure what you are getting at by Camael · · Score: 1

    I don't get your point, to be honest. Your links show that there are some teachers who are scum who take advantage of their students, which sadly is neither surprising nor new.

    If your argument is that Mark Berndt should have been sacked, they had already started the procedure to sack him but he quit before he could be sacked.

    L.A. schools Supt. John Deasy — then the No. 2 in command — said he acted to remove Berndt from class the same day he saw the photos and felt there was justification for immediate dismissal. Records indicate that Berndt was pulled from the school on Jan. 6, 2011. And, then-L.A. schools Supt. Ramon C. Cortines, who has since retired, said he ordered Berndt to be fired when he heard about the photos.

    The district’s legal staff warned Cortines that there might be complications for acting so quickly. Standard practice in L.A. Unified and elsewhere has been to “house” teachers in a district office, away from students, until a legal issue is resolved. But Cortines said he told senior staff that he didn’t want to wait, an account that was confirmed by a former Cortines aide.

    By Feb. 15, the paperwork was ready for the elected Board of Education to dismiss Berndt formally and the school board ratified Cortines’ decision. As of Feb. 16, the district stopped paying Berndt, said Vivian Ekchian, chief human resources officer for L.A. Unified.

    But the matter didn't end there. Berndt had 30 days to challenge his dismissal, which he did with the help of Trygstad, Schwab & Trygstad, a firm known for representing the teachers union, United Teachers Los Angeles. In this case, Berndt hired the firm privately; its specialties include defending teachers facing dismissal.

    Berndt’s case was then set to go before an administrative hearing panel, a process that would take months. While awaiting a hearing, Berndt resigned from the school system in June 2011, six months after Deasy and Cortines determined to fire him.

    If you're arguing they should have the power to sack him immediately, I disagree- everyone should be entitled to due process and be given an opportunity to defend himself. Giving him 30 days would not matter as long as he is kept away from students, which he was.

    If you're arguing he should not be entitled to any benefits, I agree - that is a loophole that should be closed.

    Because Berndt never was officially fired, he retains lifetime health benefits that he earned through decades of service in L.A. Unified. Ekchian said the district is researching its options for trying to rescind those benefits should Berndt be convicted.

    If you're arguing that LAUSD screwed up, then perhaps- I'll leave it to the pending lawsuit to decide the matter and punish LAUSD (or not) appropriately.

    Whats all this got to do with strict government control over education anyway? This looks like a criminal matter to me.

    1. Re:Not sure what you are getting at by Sarius64 · · Score: 1

      Because it is this sacrosanct tenure and the ridiculous overhead negotiated by the union added onto it that allowed this person to continue to go unaddressed for these years, too. The discussion is tenure, I believe. Two year tenure for life is ridiculous. What elementary school teacher requires this to perform their job of teaching approved curricula? I can't imagine one.

  95. Lower Court decision that applies NOWHERE by theNAM666 · · Score: 1

    Y'all realize, perhaps, that this is an unpublished "tenative" decision by the lowest Court available in California and, likely, even if it were binding, would be immediately lifted on appeal?

    Then go read the decision. The judge accepts bunk, such as, that one student in one class with one "underperforming" teacher, looses $1.2 MILLION in income over a lifetime (try to calculate that over 12 years of education!). It is accepted that 5% of teachers are underperforming, by being in the bottom 5%!

    Oh, the Court of Appeals is going to just LOVE this one...

  96. Re:Higher paid? Why? by dentin · · Score: 1

    My point still stands.

    --
    Alter Aeon Multiclass MUD - http://www.alteraeon.com
  97. Oh cool by Anonymous Coward · · Score: 0

    So now schools can get rid of experienced teachers at will and teachers will have to live in fear of "the parents" even more.

    Anyone who thinks this change is for the good is a fucking idiot.

    Most jobs give tenure after 90 days....2 years is a farce? Eat a dick judge. By the way, can judges be removed from the bench if they suck? Oh, no, they can't.

  98. Teachers Unions by Anonymous Coward · · Score: 0

    This was one of the biggest loopholes in teachers union contracts - the inability to fire teachers who you wouldn't want to teach your kids. John Stossel did an amazing article on this topic. One example of the loophole was the inability to fire a petafile. Instead, they paid him to sit in an office for the duration of a school day. And you wonder why your tax dollars have nothing to show for.

    For those interested, I recommend watching:

    John Stossel - A System For Teachers, Not Students
    John Stossel - Charter Schools & Teachers' Unions

  99. GED by McFly777 · · Score: 1

    GED is also used by homeschoolers. Many of which actually learn more than would be taught in school. (I would say "most" but I have no data for that.) GED just proves that you obtained the knowledge, regardless of how you got it. In fact, if I were an employer looking at hiring at the HS graduate level, I might even count the GED holder in higher regard than the kid who attended school, got the diploma, but of whom we don't know how much was really learned or retained. That being said, I might ask why, if the GED holder previously dropped out. Sometimes people have good reasons, and sometimes people who don't have wind up learning even more from the school-of-hard-knocks. It really depends on the person.

    My father got two HS diplomas (back in the day). The first was a basic adequacy kind of thing. He did just what was needed and then got out. He spent some time in the working world, realized that he wanted more than he was going to get that way, and returned to High School to finish obtaining a college prep diploma.

    Back to the GED testing issue... I could be wrong, and perhaps any Brits reading this can correct me, but I think that in the UK all students are administered standardized tests as part of their graduation requirements.

    --

    McFly777
    - - -
    "What do people mean when they say the computer went down on them?" -Marilyn Pittman
  100. Of course tenure for Judges is a by wolja · · Score: 1

    Odd the court is against Tenure for Teachers, not that I disagree, but any suggestion that Tenure protections be removed from Judges would be ruled unconstitutional by the Judges.

    The reasons that would be put forward for not removing Tenure for Judges apply equally to Teaching.

    --
    Wolja Future Tombstone: Shit happened then I died
  101. What Happened to Self-Respect? by Anonymous Coward · · Score: 0

    If you are a teacher and your principal lacks confidence in you then you should act first and resign. It's a matter of self-respect. The same should apply in any job or profession.

    Incompetent teachers are easy to spot but difficult to document through evaluations etc,. If you want to know where the deadwood is ask the other teachers and ask the students. You can't put anything over on either of them. Confronted with this kind of feedback, resignation rather than waiting for dismissal is the proper course: simply a matter of integrity and self-respect.

    Tenure is just one of many flaws in the education system and getting rid of it is no silver bullet. I would propose putting all teachers (and most public employees) on three year contracts renewable upon mutual consent. The American International School system operates successfully on this basis. Also probationary contracts for new teachers. The decision to extend or leave rests with the employer which is the way it should be.

    Any organisation, educational or otherwise, would benefit from a mandatory 10% turnover rate to encourage the entry of fresh talent and new ideas.

  102. Re:Tenure at the secondary level is a steaming pil by jwhitener · · Score: 1

    What fear do teachers have in parroting their lessons to the students?

    Teaching evolution in a christian conservative town when it is the teacher vs the town + principal of the school? Being told by the school board that you can't teach sex ed unless it is abstinence only? Having many valuable books banned from certain conservative libraries but wanting to teach with them anyway? (Like Huckleberry Finn for instance).

    Not saying that tenure is the right solution to this problem, but there are a lot of things that make parents, the principal, the town, etc.. mad at teachers, that the teachers are actually doing in the children's best interest (depending on your point of view of course.... which is central to this issue: who decides what a child should learn? Should society have a right to set some sort of baseline learning that we want citizens to have before becoming adults? Or leave it entirely up to parents and have no standards? How do you strike a balance? How much leeway should teachers have to modify curriculum? etc...).