Wed
Mar 11 2015
07:10 am

Just stumbled across this month-old story in Ed Week (2/5/16), as titled above.

Excerpt:

The National Education Association's Tennessee affiliate today filed a new lawsuit challenging the state's use of students' standardized test scores in teacher evaluations, this time focusing on the system's effects on educators in "non-tested" grades and subjects.

...

The TEA's suit, which will be litigated by the National Education Association, names as co-plaintiffs two educators in non-tested subjects—a middle school visual arts teacher and a middle school physical education teacher—who say their evaluation scores dropped as a result of their school-based value-added scores. On account of their evaluation outcomes, the TEA says, one of the plaintiffs was denied a bonus, while the other lost her eligibility to be recommended for tenure.

Any of you teachers out there know from within what school system this suit arose? Details?

Tamara Shepherd's picture

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I asked: "Any of you teachers out there know from within what school system this suit arose?"

Never mind. Looks like The Tennessean offered details in another story I missed:

...Theresa Wagner, a physical education teacher of Metro Nashville Public Schools, said she did not receive a bonus. Jennifer Braeuner, a visual arts teacher of Anderson County Schools, said she lost her tenure eligibility.

Min's picture

Yup.

And this is in addition to the two suits that were filed by TEA last year on behalf of Knox County teachers.

The significance of the newer suits is that they are raising significant 14th Amendment equal protection issues and addressing the most significant, to my mind, design flaw in the TEAM evaluation system--basing 25% of a teacher's evaluation on TVAAS data from students that the teacher does not teach.

Tamara Shepherd's picture

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You know I agree, but I do note in that article that the author mentions the unsuccessful Florida suit that had also raised 14th Amendment concerns.

For the life of me, I do not see how Florida plaintiffs could have lost. One of those was a K-2 teacher being evaluated on the basis of student test scores at an intermediate school across town from where she taught!

Any idea whether Florida plaintiffs sought an appeal???

Min's picture

Yes.

That lawsuit has been appealed, and even the trial court judge stated in his decision that the evaluation system was unfair.

I read the FL decision, and it's a mess.

Tamara Shepherd's picture

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Another area in which I'd like to see some teacher pushback--in the courts, I mean--is from secondary teachers whose instructional time has been cut in half, even as their volume of students has been doubled.

I am aware of several middle school science and social studies teachers to whom this has happened.

In an effort to increase instructional time for English and math, the science and social studies teachers in some schools have been scheduled to see their students just every other day, rather than every day, essentially leaving them to cover the same volume of course material in half the time.

This practice has also served to double the volume of students the science and social studies teachers are teaching.

What's happening is that the science and social studies teachers used to teach three classes of 30+ students each (or around 90+ students) on a given day, then the same three classes of the same 90+ students again the next day.

Now, at some schools teachers in these subject areas teach three classes of 30+ students each (or around 90+ students) on a given day, then a different three classes of a different 30+ students (or another 90+ students) the next day!

That's half the instructional time for twice the volume of students--over 180 per teacher--and I'm hearing teachers despair for the time required to grade work for so many kids. To say nothing of their despair for plummeting TVAAS scores generated by these kids.

And we took exception to student-teacher ratios in virtual schools?!

What lunacy, and how grossly unfair to students and teachers alike!

Min's picture

This has been happening in elementary schools for years

Math and language arts are taught every day, but science and social studies are taught alternating weeks.

Tamara Shepherd's picture

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But Min, I'm speaking above of local middle schools, not elementary schools, which have just in the last two or three years halved instructional time and doubled the student-to-teacher ratio in subjects NOT English and math.

At the middle schools in question, teachers in all four core academic areas were (until two or three years ago) afforded the same amount of instructional time and the same student-to-teacher ratio *until* a concern arose about lagging English and math scores in those schools.

Then and only then did these middle schools sacrifice results--for teachers and for students--in science and social studies.

Why would we expect to see "growth" equal or greater than the "growth" experienced in a prior year if in that prior year students had received double the instructional time in that subject???

Min's picture

I know that.

I was just pointing out that the minimizing of the importance of science and social studies has been going on for a while and at the elementary level. This is especially noteworthy, since 3rd-5th graders are TCAP tested on science and social studies, just like math and language arts.

Tamara Shepherd's picture

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I'm trying to recall in what grade it was that my children finally received a social studies textbook.

My recollection is that both kids took TCAPs in that subject area for a few years before they ever had any text?

I know neither child had any text in second grade, as I remember clear as a bell that my daughter's teacher that year told me she had to "create her own curriculum."

Anonymous923's picture

merit pay

Most private companies give out merit pay based on how the entire company does each year. At the same time most employees don't have an effect on the overall company bottom line.

Seems like teachers are asking to be judged individually...

Why should they be treated differently and why is Tenure still a thing? Most other professions only keep the best people and not the oldest...

reform4's picture

Please educate yourself about tenure.

It appears you don't know much about tenure, how it works, and why it exists. Tenure is not about just "keeping the oldest people." It's a right to due process. That's all. And it takes years to earn tenure (see "probationary period.").

Tenure is, put simply, the right of an instructor (teacher, professor, etc) not to be terminated without just cause. That's it. You can't be fired or let go without an appropriate reason, and that reason can include being incompetence or unprofessional conduct. But again, you are protected by an open process, not one person's whim.

The purpose is to guarantee the right to academic freedom. It protects teachers and researchers when their opinion differs from the personal opinions of their administrator (principal, department head). Otherwise, the administrator could decide they don't like a teacher and run them out, or pressure the teacher or researcher to change their methods, or in the case of a researcher, bend their data to reach an incorrect conclusion. It allows more original ideas and TEACHING METHODS to be developed, which is a good thing.

That being said, even with tenure (and tenure in public schools isn't the same as a university tenure), there are tactics a principal can use to run out a teacher. But with tenure, the teacher gets more warning time, and can react to protect themselves from a personal vendetta. As one teacher put it:

Tenure only means that they must give us due process before firing us here and that they cannot fire us for doing something that someone else did and was not fired for. For example, last year I was written up for taking a cell phone from a student (I had an easy grab as she tried to pull it away without even touching her) yet we have a teacher in the building who not only takes the cell phone in the manner which I did, she texts the student's friends about how they are sitting in class not paying attention or reads their texts. She's a darling of the principal so nothing is said. She's done this for years. The kids know she does it. In my case, after I never took a cell phone again and then it was noted that I didn't police cell phone use in my classes. Once I tenure, they can't do this to me. All I have to do is find another teacher who either takes cell phones or doesn't police cell phone use and the union is going to ask "Why didn't you write them up?".

However, tenure does not stop them from firing me. They can still give me incompetent ratings because it's my word against my evaluator. It will take them three years to fire me that way. Year one, I'd have to go on an improvement plan. Years two and three it would have to shown that I did not improve enough and then I would be dismissed. Tenure also means they have to give me a chance to fix the problem. It does not mean that I have a job for life. It has never meant that we have jobs for life. It means we are owed due process before being fired. It means we can't be fired for something others do who are not fired for it and it means I'm owed a chance to fix the problem after I'm notified of the problem before being fired.

MikeDaugherty's picture

Tenure

Thank you reform4.....it would be good to actually know the facts before making silly statements. Of course, they probably know the facts but follow the FOX way of ignoring them.

mld

Min's picture

There are five causes for which a tenure teacher can be fired.

Incompetence, inefficiency, insubordination, neglect of duty, and conduct unbecoming to a member of the teaching profession, the latter of which includes violation of the teacher (formerly TEA) code of ethics, which is incredibly broad. See Tennessee Code Annotated, Sections 49-5-1003 and 49-5-1004.

Those five causes pretty much cover any kind of poor performance or bad behavior for which an employer might want to discipline or fire a teacher.

BTW Tennessee does not have a requirement that a teacher must be given notice of deficiencies in her performance, be put on an improvement plan, or be given time to improve her performance.

Tamara Shepherd's picture

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It appears s/he doesn't know much about the device KCS/TN has used to route merit pay to teachers, either, namely the APEX/TEAM model.

Our core objections should be these:

1) The model relies on growth as measured by TVAAS, which is a fickle measurement, even for teachers who are able to obtain TVAAS directly from the students they teach personally, and

2) the model relies on growth as measured by TVAAS for "non-tested" teachers, too, which is a *horrendously* fickle measurement when teachers *cannot* obtain TVAAS from among the students they teach personally (and it's still a majority of teachers who are compromised this way), and

3) points the model presumes to award for teaching in high-needs schools are *not* available to every teacher, since the district has far more teachers potentially willing to teach in these settings than it has school settings in which to place them.

By design, the APEX/TEAM model leaves many, many teachers unable to acquire a huge chunk of evaluation points it purports are available--and make no mistake that that's a feature, not a bug!

I was delighted to hear at last night's school board work session that Dr. McIntyre has proposed ditching the APEX model locally and putting so-called "strategic" comp (which was never "strategic") on a back burner.

Multiple and statewide lawsuits objecting to this model's idiocy must surely be having their effect.

Tamara Shepherd's picture

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Anonymous said: "Most private companies give out merit pay based on how the entire company does each year."

And neither is there any parallel to be made between private companies which, like private schools, may pick and choose their customers and public schools which must serve every "customer."

Private companies (and private schools) will shed themselves of the customers who prove to weigh down their "results," the "result" in that setting being profit.

Public schools cannot shed themselves of the "customers" who weigh down their results--nor are they desirous of shedding them.

KC's picture

They want the teachers to

They want the teachers to fail; the system isn't supposed to benefit anyone.

It's like a "suicide pill," only it's not meant to stop a takeover, but to encourage one.

Bad Paper Original 's picture

teachers

I notice there is little discussion anywhere of the tactics that are being used to ram through "balanced calendar", or year round school.

For example, in the teachers survey from last year most teachers favored balanced calendar. I thought the BOE worked for the taxpayers? Not only teachers. But according to Karen Carson, only the wishes of teachers will be considered. Most taxpayers are completely unaware of the public meetings being held on balanced calendar. One of the few stories from the KNS: (link...)

This is going to cost a lot more money. At a time when McIntyre wants another $16 million a year. The lack of notice to the public is typical and disturbing. BOE may vote on this in May.

Bad Paper Original 's picture

left a link out

Listen to Karen Carson:

Carson says her mind is not made up yet (yeah, right)

Minute 8:45 to 9:10

(link...)

Carson tries to put this on teachers (scapegoating the teachers)

Minute 19:06 to 21:40

(link...)

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