Dear
Colleague,
As you all know by now, the California governor’s race will
pit two candidates with divergent views on just about everything. On education,
Gavin Newsom claims we need to think about education as a lifelong pursuit.
“Our role begins when babies are still in the womb and it doesn’t end until
we’ve done all we can to prepare them for a quality job and successful career,”
he says.
His opponent John Cox is in favor of school choice, stating,
“We need to give parents and children the education they deserve, and that
means more charters, giving parents more choice and encouraging home schooling.”
To read more about the candidates’ positions on various
education issues, go here.
Also of concern to California’s educators is the
Superintendent of Public Instruction position, and there the difference between
the candidates is about as wide as the gubernatorial candidates. Marshall Tuck
is running as a reformer who favors charter schools as an alternative. Also, “as
CEO of the semi-autonomous Partnership for Los Angeles Schools, he helped
instigate a lawsuit in 2010 that challenged teacher layoffs in Los Angeles
Unified based on seniority, which led to massive layoffs in several Partnership
schools. Tuck argues seniority should be one factor, not the sole factor, in
teacher layoffs.”
To learn more about Tuck and Thurmond, go here. To learn what the job description is for the SPI position, go here.
On the school choice front, a bill proposed by Congressman
Jim Banks (R-IN) directs the Department of Education to establish a program
that would “provide children with parents on active duty in the uniformed
services with funds for specified educational purposes.” The proposed law would
allow military parents to establish Education Savings Accounts, which would
enable them to use public funds for private school tuition, online learning
programs, tutoring, etc. Proponents say that ESAs are especially important for
military families, many of whom move around frequently and should not be
subjected to our zip-code mandated education system. Upon introducing the bill
in March, Banks penned a piece for The Wall Street Journal, in which
he wrote,
A 2017 survey of Military Times readers showed that
educational opportunities play an important role in determining whether a
military family accepts a particular assignment—or even remains in the service
at all. Thirty-five percent of service members have considered leaving the
military because of the limited education options available, and 40% have
either declined or would decline a career-advancing opportunity at a different
installation if it meant their child would have to leave a high-performing
school.
The
Manhattan Institute’s Max Eden has written a riveting article about a
discipline breakdown which resulted in “bullying, chaos and death” at a high
school in New York City. The Urban Assembly School for Wildlife
Conservation was once a “safe and
supportive school that fell into chaos as new administrators implemented a
supposedly more positive approach to school discipline.”
This
change was in line with New York City Mayor Bill de Blasio’s campaign promise
of putting city schools at the vanguard of a nationwide movement to unwind traditional
discipline in favor of a new progressive, or restorative, approach. At UA
Wildlife, meaningful consequences for misbehavior were eliminated, alternative
approaches failed, and administrators responded to a rising tide of disorder
and violence by sweeping the evidence under the rug, students and teachers
said. If they had prioritized student safety over statistics, McCree’s (a
student who was murdered) teachers believe, he would still be alive. And they
fear that the dynamics that destroyed UA Wildlife are playing out across New
York City.
A decision in the Janus case is due any day now and CTEN
will keep you abreast with information about the effect of the ruling on
teachers, the unions’ reactions, etc. If the litigation is successful, CTA is
projecting a loss of 23,000 members, according to Mike Antonucci. The union
also figures to lose a great majority of its 28,000 fee payers, those who have
quit the union but still are forced to pay the “agency fee.” But as a way to
soften the financial hit, CTA has announced a per-teacher dues raise of $23 a
year for the 2018-2019 school year, bringing the state component for teachers’
dues to $700 annually, which will help ease the pain of a membership decline.
NEA is also planning strategies pending an adverse Janus
decision. While it is preparing for a 10 percent teacher quit-rate and has
slashed its budget by $50 million, NEA has also raised its per teacher share of
dues, from $189 to $192, and has a few tricks up its sleeve to help make up for
the financial shortfall. It is pondering a new class of member called
“community ally.” As Antonucci writes, the new category would be open to “any
person who demonstrates support in advancing the cause of public education, who
advocates for the mission, vision, and core values of the Association, and who
is not eligible for any other membership category.” Since labor unions can only
solicit political action committee contributions from members, this could open
the door for deep-pocketed folks like Tom Steyer to join. This strategy is legally
tenuous to say the least, and most likely will be subject to judicial scrutiny.
Educators for Excellence has released
“Voices from the Classroom: A Survey of America’s Educators” which the group says
is a “ground-breaking, nationally representative survey written for teachers,
by teachers.” And there are certainly some very interesting findings. For
example, the poll found that 57 percent of all teachers have neither read nor
heard anything about the Janus case.
Another question from the survey addressed agency fee payers and asked if the Court
case rules in favor of Mark Janus, “How likely would you be to opt out of
paying agency fees to a union?” Sixty-one percent said they would be somewhat
or very likely to do so. To read more about the survey, go here.
In April 2015, Bain v. CTA, a lawsuit brought by StudentsFirst, a Sacramento-based
activist outfit founded by Michelle Rhee, was filed on behalf of four public
school teachers in federal court in California. The aim of the suit was for
teachers not to have to resign from a union because they didn’t want to pay for
the political part of union dues. Well, today the suit is officially dead. The
9th Circuit dismissed the case because
all of the original plaintiffs have left their teaching positions in the three
years the case has been pending and are no longer union members. Bain attorney Josh Lipshutz said the
issues it challenged are still outstanding and “plans to file a similar
lawsuit, possibly with the Association of American Educators, a non-union
organization of educators, as plaintiffs.” Lipshutz explains,
Janus
is great for teachers who want to opt out of unions and want nothing to do with
them. But there’s arguably a larger class of teachers who want the benefits,
who want to serve on policymaking committees in their districts, but don’t want
to be put to the choice of all or nothing. Without Bain, teachers will still be
put to that choice.
As per the recent email we sent you, I
have been informed that the law firm is still looking for plaintiffs.
A law firm is looking for current or
newly retired teachers who feel they have been unjustly treated and would like
an opportunity to recoup agency fees they were forced to pay going back three
years, which is the statute of limitations period. If you are interested,
please contact Sloane Skinner directly at sskinner@clarkhill.com
or call her at 202-640-6673.
If you are
still using a school email to receive these newsletters, please consider
sending us your personal email address. More and more school districts are
blocking CTEN. In any event, if you enjoy these letters and find them to be
informative, please pass them along to your colleagues and encourage them to
join us.
Also, anyone
wishing to donate to CTEN can do so very simply through check, money order or
PayPal - http://www.ctenhome.org/donate.html
As a non-profit, we exist only through the generosity of others. Thanks,
as always. Enjoy your summer!
Sincerely,
Larry Sand
CTEN President