Does a recent court ruling in Los Angeles really signal the beginning of the end of an unjust
teacher seniority system?
The announcement came as the New York State Senate geared up for a vote on a bill that would end
the teacher seniority system and allow the city to conduct layoffs based on merit.
Not exact matches
At a news conference, the mayor said that Gov. Cuomo's bill does not rid the state of its
seniority - based layoff
system in time for his plan to lay off 4,600
teachers this year.
Confirming the disproportionate impact of current RIF
systems on new
teachers, the study finds that approximately 60 percent of
teachers receiving layoff notices in 2008 - 10 had two or fewer years of experience, and approximately 80 percent had two or fewer years of
seniority within their current district.
For example, in a
seniority - based
system, black students are far more likely than other students to have been in a classroom of a
teacher who received a RIF notice.
The authors next look at what would happen if the existing
seniority - driven
system of layoffs were replaced by an effectiveness - based layoff policy, in which
teachers are ranked according to their value - added scores and districts lay off their least effective
teachers.
A final way in which
seniority - based
systems may have consequences for student achievement is that strict adherence to
seniority would require at least some districts to lay off
teachers in subject areas with
teacher shortages, such as math and special education.
With a
seniority - based layoff policy, school
systems may be forced to cut some of their most promising new talent rather than dismiss more - senior
teachers, who may not be terribly effective in raising student achievement.
Most
teachers, he said, are opposed to being judged based on student test scores and believe that the current
seniority system is fair and necessary.
We calculate that districts would only have to lay off 132
teachers under an effectiveness - based
system in order to achieve the same budgetary savings they would achieve with 145 layoff notices under today's
seniority - driven
system, a difference of about 10 percent.
In the current
system,
teachers unions tend to compress wages within a school district so that
teachers with the same
seniority and the same degree are likely to receive similar (if not identical) salaries.
He also pressed for reform of the onerous work rules in the
teachers» contract, including eliminating the
seniority provisions, making it easier to fire incompetents, and establishing a
system of merit pay.
The agreement sought to reward top - performing
teachers with more pay, replacing the traditional «step and lane»
system of pay increases based on
seniority and levels of education.
If you are forced by an outdated
seniority system to pay some
teachers more than they are worth or could get in private industry, or accept less effort, resources are being expended based on what is good for the union and
teachers and not what is best for kids.
Existing
teachers could opt to stay in the
seniority - based
system or have the ability to earn more money by shifting to annual contracts.
Klein railed against what he called the three biggest problems contained in the contract and the culture the contract produces: lockstep pay for
teachers, regardless of their skills or assignment; lifetime tenure, making it difficult to get rid of incompetent or abusive
teachers; and
seniority rights that dictate assignments based solely on a
teacher's longevity in the
system.
Villaraigosa praised Melvoin's role in the Reed v. California lawsuit, which challenged the L.A. district's
system of laying off
teachers based on
seniority.
The Stull, Reed and Vergara lawsuits, all of which have successfully challenged Blob work rules like tenure and
seniority and fought to get a realistic
teacher evaluation
system in place, have seen Republicans and Democrats working together to undo the mess that McLaughlin and his ilk have helped to create.
He argued that the union's
seniority system for layoffs meant the neediest children got the worst
teachers, as measured by his earlier «value - added» analysis of student test scores.
Ironically, the polar opposite is the reality: when California's economic woes required laying off
teachers over the last few years,
teachers were pink - slipped according to
seniority only, and because those who have been in the
system for fewer years are lesser - paid, i.e. the newer, younger
teachers, many more of them had to be laid off to save the required amount.
Or
teacher quality, of course that's taboo to talk about even though LA's results showed some
teachers are far better than others and some young
teachers provide over double the value of
teachers earning more than them by our outdated and ineffective
seniority - based pay
system.
The 2010 law requires districts to reimagine their talent - management and educator - support
systems by requiring annual performance evaluations, ensuring tenure is earned and not the guarantee of lifetime employment, and ending both
seniority - based layoffs and the forced placement of
teachers into schools where they neither want to be nor fit well.
Our member educators are in agreement that the current tenure
system is not working and
teachers should not be fired solely based on
seniority.
And with a
system that holds to reverse
seniority in times of layoffs, more experienced
teachers have greater latitude in using their own teaching techniques, she said.
The perfect evaluation
system doesn't exist yet, but we do have access to measures of
teacher performance that are far better than
seniority:
teacher ratings, classroom management,
teacher attendance, specific licensure, peer or principal review, value - added student data.
Starting next year, Florida
teachers will be given the option of joining a new merit - pay
system or the older but safer
system tied to
seniority.
After Tuck took over some of LA's most troubled schools as CEO of the Partnership for Los Angeles Schools, «about half of his
teachers received layoff notices because of the
system's
seniority based layoff
system, which protects older
teachers regardless of job performance.»
Unlike Torlakson, who has been endorsed by California's two main
teachers unions and the state Democratic Party, Tuck opposes California's generous
teacher tenure
system, has challenged the law that bases
teacher layoffs on
seniority and believes strongly that student's standardized test scores should be a factor in
teacher evaluations.
The California Supreme Court will decide this summer whether to take up an appeal by nine students in the historic Vergara vs. California case challenging our unusually protective
teacher tenure laws, as well as a
seniority - based layoff
system that often keeps ineffective
teachers in district classrooms while letting more talented but less senior
teachers go.
Her «robbing students» claim is based on the fact that the governor is tying a funding infusion to the elimination of the archaic, child - unfriendly, and industrial - style
seniority system, in addition to a mandate to hold
teachers accountable for student learning.
Another sticking point is the limited use of
seniority in determining whether a
teacher is laid off or not, as well as ongoing questions about the
teacher evaluation
system that will be used to determine if a
teacher receives tenure in the first place.
Rothner then asked Fraisse whether a
system that determines
teacher layoffs based on effectiveness was preferable to one based on
seniority.
(1) The Vergara Decision: This case pits nine Oakland public school students against the State of California, arguing that (a) granting tenure after less than two years, (b) retaining
teachers during layoffs based on
seniority instead of merit, and (c) the near impossibility of dismissing incompetent
teachers, is harming California's overall
system of public education, and is disproportionately harming public education in low income communities.
That the traditional
teacher compensation
system, focused on rewarding
teachers based on
seniority and degree attainment, is ineffective in spurring student achievement fails to reward good - to - great
teachers and keeps laggards in classrooms to continue educational malpractice.
Korn said
seniority is «the fairest, most objective way of laying off
teachers» and noted that other public - sector unions, such as those representing firefighters and police, often use similar
systems.
A
teacher with 25 years
seniority in the
system, however, would make $ 85,000.
The unions also proposed that evaluations be clearly tied to a
teacher obtaining due process rights, usually known as «
teacher tenure» and that decisions about layoffs in times of fiscal crisis include performance evaluations rather than a
system based solely on
seniority.
In some cases the Gates Foundation is immediately engaged in financing educators to offering direct challenges to
teacher unions on such issues as the
seniority system and and the use of student test scores to evaluate
teachers.
More controversial were his decisions to exempt
teachers at certain low performing schools from
seniority - based layoffs and to adopt a federal No Child Left Behind waiver that requires the adoption of a new
teacher evaluation
system.
Appointed in 2002 by Mayor Michael Bloomberg, Klein transformed the city's public - school
system by promoting privately managed charter schools to replace regular public schools, by increasing the consequences for principals and
teachers of standardized tests, and by attacking union - sponsored due process and
seniority provisions for
teachers.
And Rhee exercised unique powers granted to a D.C. chancellor to impose a
teacher evaluation
system based partly on student outcomes and to lay off
teachers based on a lack of merit rather than a lack of
seniority.
Three widespread practices in particular are in need of major revision:
teacher evaluation and tenure
systems that do not distinguish effective
teachers from ineffective ones; forced placement, where
teachers are assigned to schools based on
seniority rather than the match of
teacher skills to school preferences and needs; and LIFO (last in first out), by which
teacher lay - offs are based entirely on
seniority rather than
teacher effectiveness.
Indiana passed laws that created an expansive voucher
system, made
teacher tenure contingent on effectiveness, limited collective bargaining, ended the process of firing
teachers in order of
seniority and required
teacher evaluations to be «significantly informed» by student performance on standardized exams.
Most of the districts looking to switch from a
seniority - to performance evaluation - based
system for
teachers are millions of dollars in debt.
In addition to
seniority rights for
teachers, the debate in Detroit hinges on the question of how school
systems should be run.
Her bill no longer included provisions to create a new
teacher evaluation
system, to require
teachers with poor performance reviews to be laid off before those with less
seniority, and to remove many of the dismissal rules that administrators found frustrating.
Following the original Vergara decision, Republican lawmakers introduced a package of three bills to extend the time it would take a
teacher to earn tenure, to repeal the «last - in, first - out» statute that makes layoff decisions based on
seniority, and to establish an annual
teacher evaluation
system.
For example, the judge wrote that the state's
teacher evaluation
system is «little more than cotton candy in a rainstorm» since «[s] tate standards are leaving
teachers with uselessly perfect evaluations and pay that follows only
seniority and degrees instead of reflecting need and good teaching.»
To win the contest, the states had to present new laws, contracts and data
systems making
teachers individually responsible for what their students achieve, and demonstrating, for example, that budget - forced
teacher layoffs will be based on the quality of the
teacher, not simply on
seniority.
In Detroit Public Schools, the Detroit Federation of
Teachers threatened to strike when the emergency financial manager called for
teacher merit pay and an end to the
seniority system.