I am tiring of the recurring comments from media and elected officials of late that tensions between Knox County’s teachers and Superintendent Jim McIntyre are rooted in "a communication problem.”
No, tensions between teachers and the superintendent are rooted in great part by a violation of teachers’ rights under the U. S. Constitution.
Only two states nationally employ this unconstitutional teacher evaluation formula that leads to teachers being evaluated on the basis of test scores among students they never taught (and sometimes on the basis of test scores among students attending another school altogether). Those states are Arizona and Tennessee.
A third state, Florida, formerly employed this formula.
In April of 2013, the Florida Education Association (FEA) filed suit in Federal court over the formula, naming as defendants in the suit the Florida Commissioner of Education, Florida’s State Board of Education, and the three local school boards representing the districts employing the suit's seven teacher plaintiffs.
The lawsuit alleges that this method of assessment infringes on teachers’ due process and equal protection rights under the U. S. Constitution because the Florida law then allowed evaluations to be used in personnel decisions including raises and terminations.
Read the FEA complaint here.
Read Tampa-area news coverage of the filing here.
And read Governing magazine’s prediction that the suit is likely to be duplicated in Arizona and Tennessee here.
In June of 2013 Florida Governor Rick Scott signed into law a new teacher evaluation formula mandating that the state’s teacher evaluations be tied to the test scores of students they actually teach.
But since Florida’s new law did not address the widespread damage done to teachers’ careers during the two years in which the old formula was employed, it was too little, too late. The FEA suit continues.
Read Tampa-area news coverage of these developments here.
Now, the teacher-plaintiffs in this lawsuit were able to aver an injury in that their teaching careers were harmed by such arbitrary and capricious law.
But so, too, might any Florida school district have been able to aver the same injury, given that all districts were forced by the law to arbitrarily and capriciously award or deny teacher pay raises and to arbitrarily and capriciously retain or terminate teachers.
Too bad they didn’t assert that injury before somebody else did.
Meanwhile, north of the peninsula, the riot to have finally arisen among Knox County’s teachers is not indicative of any “communication problem” between them and Superintendent Jim McIntyre.
The riot is rooted in no small part to the exact same unconstitutional state law as Florida recently disavowed, which in its first year following implementation caused 55% of teachers statewide--a majority--to be subject to arbitrary and capricious evaluations.
Further, here in Tennessee these same teachers are also subject to an unconstitutional State Board of Education policy that may also strip them of the teaching license necessary to teach in any school, anywhere.
To add insult to these injuries, the Knox County Board of Education has even sent its superintendent to Washington, DC to promote this lonely and unconstitutional evaluation policy.
Hope springs eternal, but it sure does look like it’s their conscious choice to be sued, rather than to sue.
|
Topics:
|
|
Discussing:
- Republican midterm strategy 2026 (1 reply)
- Federal court rules Constitution doesn't guarantee clean water (2 replies)
- Trump Admin wants rid of DEI bike lanes (1 reply)
- New COVID-19 wave, vaccine available soon (2 replies)
- Mark Harmon journalism award (1 reply)
- Senior's fishing, hunting, sportsman license fees increase more than others (2 replies)
- Dolly Parton - we miss you already (1 reply)
- NW Indiana residents on 10th day without power (1 reply)
- Only Republicans moving to Florida? (1 reply)
- ballrooms, bankruptcy, and bulls-- (1 reply)
- SoKno what have you done? (2 replies)
- Vote! Thursday is election day. (4 replies)
TN Progressive
- View from the Overlook (Whitescreek Journal)
- Alcoa property taxes will probably not go up (BlountViews)
- Smith & Wesson not a good fit for Blount County (BlountViews)
- Pellissippi Parkway extension delayed again (BlountViews)
- Blount County early voting record turnout (BlountViews)
- WATCH THIS SPACE. (Left Wing Cracker)
- America As It Is Right Now (RoaneViews)
- A friend sent this: From Captain McElwee's Tall Tales of Roane County (RoaneViews)
- The Meidas Touch (RoaneViews)
- Massive Security Breach Analysis (RoaneViews)
- (Whitescreek Journal)
- My choices in the August election (Left Wing Cracker)
TN Politics
- John Cole’s Tennessee: A hot week (TN Lookout)
- Attorney general defends Trump blast at US Supreme Court over vote-by-mail ruling (TN Lookout)
- New TBI agents ‘embedded’ with Memphis Safe Task Force (TN Lookout)
- Die casting manufacturer announces $10.3M investment, 100 jobs in Madison County expansion (TN Lookout)
- FBI’s Patel dodges questions on election interference at rambunctious US Senate hearing (TN Lookout)
- Doctors say children of immigrants are missing healthcare (TN Lookout)
Knox TN Today
- The Book Whisperer asks friends to share (Knox TN Today)
- Daily Connections: Your East Tennessee Guide | Sept. 16 (Knox TN Today)
- Pellissippi student-athlete balances baseball and fatherhood (Knox TN Today)
- Mama Said: When the going gets tough, the tough get going (Knox TN Today)
- Knoxville high school sports roundup: Rivalries highlight week Knoxville (Knox TN Today)
- South-Doyle Cherokees take down Carter Hornets, 34-14, in Week 4 (Knox TN Today)
- Pellissippi State, UT Federal Credit Union sign athletics partnership (Knox TN Today)
- Bizarre Bytes: Bubble Wrap was almost wallpaper (Knox TN Today)
- Youth Scoop: Activities for all ages in Knox and area (Knox TN Today)
- Crossings (Knox TN Today)
- Knoxville: the last stand of the Great Circus Bim Bom (Knox TN Today)
- Dishing It Out: Biscuit-Topped Chicken Pot Pie (Knox TN Today)
Local TV News
- Dollywood, Second Harvest helping feed homebound seniors in Sevier County (WATE)
- UT reveals name, new renderings for planned Neyland Entertainment District (WATE)
- City of Knoxville reduces property tax rate — Will your bill change? (WATE)
- Drivers look for ways to save at the pump as Tennessee gas prices jump (WATE)
- Madisonville police officer shoots armed former DHS employee, TBI to investigate (WATE)
- Ex-Claiborne County deputy accused of soliciting murder-for-hire plot (WATE)
News Sentinel
State News
- 3 people killed when NBC and Telemundo news helicopter crashes while covering LA bus collision - Chattanooga Times Free Press (Times Free Press)
- Dear Abby: Mom doesn't want daughter visiting neighbors - Chattanooga Times Free Press (Times Free Press)
- Outside magazine names Chattanooga one of the best trail towns in America - Chattanooga Times Free Press (Times Free Press)
- Justice - Chattanooga Times Free Press (Times Free Press)
Wire Reports
- Fed meeting live updates: Rate hike expected for the first time in three years - CNBC (Business)
- Sam Altman says people are right to fear advancing AI but should trust leaders - The Washington Post (Business)
- US retail sales rebound more than expected in August; import prices surge - Reuters (Business)
- ‘We’ve lost contact’: NBC4 covers its own helicopter tragedy with grief, purpose - Los Angeles Times (US News)
- House votes to limit Trump's power to strike Iran for 3rd time, as 7 Republicans defect - CBS News (US News)
- J.B. Hunt stock plunges 10% after company warns third-quarter earnings will fall - CNBC (Business)
- Moment Kash Patel’s senate hearing takes bizarre turn - Al Jazeera (US News)
- Charlie Kirk's family alleges UVU knew of rooftop security risk before his assassination: legal filing - Fox News (US News)
- Colorado keeps four on this year’s Forbes 400 richest list, but loses one - The Denver Post (Business)
- An aging Congress attempts to regulate AI without using it - Axios (US News)
- OpenAI Weighing Funding Round at Over $1.2 Trillion Valuation - Yahoo Finance (Business)
- Attack on University of Texas Students Tests Texas G.O.P. Unity - The New York Times (US News)
- Amazon's next move could reshape how America shops — all over again - Business Insider (Business)
- Democrat Says Trump Threw ‘Tantrum’ During Kennedy Center Board Meeting After Court Ruling - Forbes (US News)
- What the Supreme Court’s cryptic mail ballot ruling means for future elections - CNN (US News)
Local Media
Lost Medicaid Funding
Search and Archives
TN Progressive
Nearby:
- Blount Dems
- Herston TN Family Law
- Inside of Knoxville
- Instapundit
- Jack Lail
- Jim Stovall
- Knox Dems
- MoxCarm Blue Streak
- Outdoor Knoxville
- Pittman Properties
- Reality Me
- Stop Alcoa Parkway
Beyond:
- Nashville Scene
- Nashville Post
- Smart City Memphis
- TN Dems
- TN Journal
- TN Lookout
- Bob Stepno
- Facing South

tenure
If teachers can't have the job security of tenure and contracts, McIntyre certainly shouldn't either. He should be held accountable, and should fear for his own job, just like teachers and principals do.
Perhaps a few thousand "conference of concern" letters mailed to the school board from teachers and parents would get their attention???
.33% is better than a 1,000
(in reply to A Momma Bear)
(link...)
.33% of YouTube videos reach a million hits.
Ethan Young's video is at nearly two million hits and is liked by 99% of its viewers that rated.*
Most videos have very few views because of lack of interest. Not the case with Young's message.
This is where traditional media bending to the will of local power brokers does the BOE no favors. I'm afraid what they're "hearing" doesn't jive with the public's mood.
(*for perspective, the Beatles "Let it Be" has 1.2 million hits and 98% likes.)
*
Sent this same post in the form of a letter to all eleven of our Knox County Commissioners earlier tonight, BTW.
Some of their recent quotes to media left me wondering if they were just saying little on this subject, or if possibly they really don't know what some of teachers' root concerns are?
In either event, they deserve to understand the school system's vulnerability to being sued.
Sue or Be Sued
(in reply to Tamara Shepherd)
Excellent article Tamara. Thank you for putting the truth out there. Keep up the good work. TN BATs- thanks you.
What did the federal judge
What did the federal judge rule regarding the constitutionality of the Florida policy?
*
We're trying, Lucianna. Consider joining KnoxViews (especially so that I may send you private messages)?
Knoxoasis, the FEA suit is still open, so far as I know. TEA prez Gera Summerford was in Knoxville a couple of weeks back and said they're "watching it."
Mark my words. They will be
Mark my words. They will be sued. They will lose.