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:
- SoKno what have you done? (1 reply)
- Vote! Thursday is election day. (4 replies)
- The Odyssey (3 replies)
- AI backlash - Justin Pearson (1 reply)
- U.S. Commerce Dept. Going Socialist? (2 replies)
- Publix Greenwise Organic Berry Recall (4 replies)
- Clayton partners Townsend properties with national company (1 reply)
- Open AI escapes, hacks competitor (2 replies)
- What's going on with Chattanooga? (3 replies)
- Oil company benefits from Middle East war? (2 replies)
- Senate Homeland Security Meeting - Harassment of Anthony Fauci (1 reply)
- Tennessee paying $637 million over 5 years for voucher software program (3 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
- Congressional approval not needed for White House ballroom, Trump tells high court (TN Lookout)
- Local officials in the dark about contract naming Adams as ICE call center site (TN Lookout)
- DOJ targets 3 more states in effort to axe in-state tuition for immigrants (TN Lookout)
- Stockard on the Stump: Special session talk on tax appraisals rears its head (TN Lookout)
- ICE to outfit agents with electric shock gloves from KY company in $20 million no-bid contract (TN Lookout)
- How abuse in a Tennessee businessman’s juvenile prisons remained under wraps (TN Lookout)
Knox TN Today
- Community Snapshot: Sometimes the best view Is on the way Home (Knox TN Today)
- Lady Vols soccer opens 2026 season with win (Knox TN Today)
- Daily Connections: Your East Tennessee Guide | August 14-16 (Knox TN Today)
- Hummingbird Festival at Ijams + First concert @ Music in the Grove + Master Gardeners ++ (Knox TN Today)
- Help Zoo Knoxville name its newest red panda cubs (Knox TN Today)
- Close to Home, Far from Ordinary: History lives at Carson-Newman (Knox TN Today)
- Weekend Scene: Glow in the Dark to Yacht Rock Concert (Knox TN Today)
- Treasures and Tales: What in the world is this? (Knox TN Today)
- Hiking with Harrington: Old Sugarlands Trail shows late-summer color (Knox TN Today)
- Food City continues its longtime commitment to local schools (Knox TN Today)
- Meet Charlie Hatcher + $350M med school upgrade + Bill Lyons + Nikki Davis + Rick Scarbrough ++ (Knox TN Today)
- Little Things (Knox TN Today)
Local TV News
- Knoxville Weather: Dangerous heat and humidity continues (WATE)
- Woman dead after single-vehicle crash on Adair Drive, Knoxville Police investigating (WATE)
- 'The Standard is the standard': Maryville begins new era under Kenny Cobble (WATE)
- Northview football feeling comfortable and confident in offense (WATE)
- Campbell County residents scramble to buy bottled water amid contamination scare (WATE)
- Dollywood's $60-million NightFlight Expedition coaster welcomes 1st riders (WATE)
News Sentinel
State News
- Hargis: TFP’s new year-round $10 per-month subscription benefits prep sports - Chattanooga Times Free Press (Times Free Press)
- Why UTC research says electricity affordability in Tennessee has improved - Chattanooga Times Free Press (Times Free Press)
- Local History: Mitchell’s Gazetteer reports on Hamilton County in 1860 - Chattanooga Times Free Press (Times Free Press)
- Personal Finance: Breaking down the inflation report - Chattanooga Times Free Press (Times Free Press)
Wire Reports
- Families of USS Lincoln crew say Trump should be 'ashamed' of conditions on board - npr.org (US News)
- Iran responds after Trump teases Strait of Hormuz becoming US territory - foxnews.com (US News)
- US Democrats finalise major shakeup to 2028 presidential primary calendar - Al Jazeera (US News)
- Lala becomes a hurricane; forecasters warn Hawaii of torrential rains - USA Today (US News)
- Double jeopardy could spell end of state case after Luigi Mangione’s guilty plea - The Guardian (US News)
- Massive egg recall in US south and south-west due to salmonella outbreak - The Guardian (Business)
- Live flood updates: At least 5 dead from Indiana storms, officials say - IndyStar (US News)
- Trump Family’s World Liberty Financial Gets Preliminary Approval to Launch a Bank - WSJ (Business)
- Multiple suspects at large after five shot at Virginia State University, police say - bbc.com (US News)
- Trump heads into general election season with string of primary losses - Politico (US News)
- Anthropic’s IPO valuation tied to 2028 revenue forecast of $190B - $200B: Reuters - Seeking Alpha (Business)
- Disney CEO Josh D'Amaro Reports Parks Division Was a 'Big Surprise' Last Quarter - WDW News Today (Business)
- Berkshire adds $17 billion to Alphabet stake - CNBC (Business)
- Sergey Brin just set bold new Al goal for Google - thestreet.com (Business)
- SpaceX, Sandisk, Micron, Workday, Applied Materials, Reddit, Unusual Machines, and More Stocks That Explain Today’s Market - Barron's (Business)
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.