Tag Archives: teacher unions

US teacher strikes were good, actually

Originally published in Vox on August 25, 2024.
—–

Few things have bedeviled education policy researchers in the US more than public school teacher strikes, driven by educators on the vanguard of resurging labor activism. While union membership nationwide continues to decline, nearly one in five union members in the US is a public school teacher — and their high-profile, disruptive strikes generate significant media attention and public debate.

But do these strikes work? Do they deliver gains for workers? Do they help or hurt students academically?

Answering these questions has been challenging, largely due to a lack of centralized data that scholars could use to analyze the strikes. The Bureau of Labor Statistics used to keep track of all strikes and work stoppages across the country, but since its budget was cut in the early 1980s, the agency has only tracked strikes involving more than 1,000 employees. Given that 97 percent of US school districts employ fewer than 1,000 teachers, the majority of teacher strikes are not federally documented.

Now, for the first time ever, researchers Melissa Arnold Lyon of the University at Albany, Matthew Kraft of Brown University, and Matthew Steinberg of the education group Accelerate have compiled a novel data set to answer these questions, providing the first credible estimates of the effect of US teacher strikes.

Their data set — which covers 772 teacher strikes across 610 school districts in 27 states between 2007-2023 — took four years to compile. The three co-authors, plus seven additional research assistants, reviewed over 90,000 news articles to plug the gaps in national data. Their NBER working paper, published on Monday, provides revealing information about the causes and consequences of teacher strikes in America, and suggests they remain a potent tool for educators to improve their working conditions.

Teacher strikes lead to significant wage increases on average, regardless of length

By and large, teacher strikes in the US are not common, nor are they lengthy work stoppages. The median number of strikes per year over the 16-year study was 12.5, with the typical strike lasting just one day. Sixty-five percent of strikes ended in five days or less. Their longest identified strike was 34 days in Strongsville, Ohio in 2013.

Almost 90 percent of the teacher strikes identified involved educators calling for higher salaries or increased benefits, and the researchers found that, on average, strikes were successful in delivering those gains. Specifically, the strikes caused average compensation to increase by 3 percent (or $2,000 per teacher) one year after the strike, reaching 8 percent, or $10,000 per teacher, five years out from the strike.

More than half of strikes also called for improved working conditions, such as lower class sizes or increased spending on school facilities and non-instructional staff like nurses. The researchers found that strikes were also effective in this regard, as pupil-teacher ratios fell by 3.2 percent and there was a 7 percent increase in spending dedicated to paying non-instructional staff by the third year after a strike.

Importantly, the new spending on compensation and working conditions did not come from shuffling existing funds, but from increasing overall education spending, primarily from the state level.

That these strikes were effective is notable, particularly since labor strikes overall have not been associated with increases in wages, hours, or benefits since the 1980s. The study authors suggest strikes among public school teachers may be a more “high-leverage negotiating tactic” than other unionized fields because teachers can be less easily replaced by non-unionized workers or tech automation.

Perhaps surprisingly, the researchers find no relationship between whether a strike is short or long in terms of the effect it has on teacher salary.

Lyon of the University at Albany thinks that part of why teachers may be so successful in achieving such significant increases is because teacher strikes can send public signals in ways other labor strikes often can’t.

“Because education is such a salient industry, even a one-day strike can have a big impact,” she told me. “News media will pick it up, people will pay attention, and parents are going to be inconvenienced. You have these built-in mechanisms for attracting attention that other types of protest do not.” Another study she co-authored with Kraft earlier this year found that teacher strikes more than double the probability of US congressional political ads mentioning education, underscoring their power in signaling the need for educational change.

Students were not academically harmed by the strikes

Previous research on teacher strikes in Argentina, Canada, and Belgium, where work stoppages lasted much longer, found large negative effects on student achievement from teacher strikes. (In the Argentina study, the average student lost 88 school days.)

In contrast, the researchers find no evidence that US teacher strikes, which are much shorter, affected reading or math achievement for students in the year of the strike, or in the five years after. While US strikes lasting two or more weeks negatively affected math achievement in both the year of the strike and the year after, scores rebounded for students after that.

In fact, Lyon said they could not rule out that the brief teacher strikes actually boosted student learning over time, given the increased school spending associated with them. A recent influential meta-analysis on school finance found that increasing operational spending by $1,000 per student for four years helped student learning.

It’s possible higher wages could reduce teacher burnout, or the need to work second jobs, leading to improved performance in the classroom. Still, Lyon explained, it’s also possible that increased spending on teachers would not lead to higher student test scores, if wage gains went primarily to more experienced teachers, or to pensions, or if teachers were already maximizing their effort before the strike.

Strikes were more common in conservative, labor-unfriendly areas

Overall, the researchers found that teacher union density has fallen more sharply than previously recognized. According to federal data, 85 percent of public school teachers reported being in a union in 1990, falling to 79 percent in 1999, and then to 68 percent by 2020.

“As someone who studies unions, that statistic alone is still pretty surprising to me,” Lyon said. “And it came from the federal Schools and Staffing Survey, which is one of our best data sources.” Tracking teacher union membership can be complicated because of mergers, and because the two national unions — the American Federation of Teachers and the National Education Association — include non-teachers and retired teachers in their ranks. Still, even with the drop, the 68 percent dwarfs that of the private sector, where just 10 percent of workers are in unions.

Roughly 35 states have laws that either explicitly ban or effectively prohibit teacher strikes, but those laws haven’t stopped educators from organizing labor stoppages. (Nearly every state in the #RedforEd teacher strikes from 2018 and 2019 — including Arizona, Kentucky, West Virginia, and Oklahoma — had banned teacher strikes.)

In compiling their data set, Lyon, Kraft, and Steinberg included both legal strikes and illegal work stoppages, including mass walk-outs, “sick-outs” (when teachers call in sick en masse), or so-called “wildcat strikes” (when educators strike without the support of union leadership).

Perhaps counterintuitively, they found strikes were more common in more conservative, labor-hostile states, something they attributed mostly to large-scale coordinated strikes across districts happening more often in those places. Individual district strikes were more likely to occur in liberal areas, where such actions are legal.

The teacher uprisings over the last decade have helped boost support from parents and the broader public, who report in surveys backing for educator organizing and increased teacher pay. The percentage of the public who see teacher unions as a positive influence on schools rose from 32 percent in 2013 to 43 percent in 2019, according to Education Next polling. A majority of the US public supports teachers having the right to strike, which suggests educators may be comfortable using this tactic going forward.

Is public school as we know it ending?

Originally published at Vox on September 5, 2023.
—-

As the new school year kicks off, education advocates are bracing for continued attacks on America’s public schools. Yet despite the ongoing culture wars schools have faced in recent years, pollsters find that parents still generally like their kids’ schools, and most of the political opposition has come from those without kids in the public school system.

Cara Fitzpatrick, a Pulitzer Prize-winning journalist and editor at Chalkbeat, is the author of The Death of Public School: How Conservatives Won the War Over Education in America, a book coming out next week that traces the history of the fight to define what “public education” means and who gets to decide. She lays out in clarifying detail the patient strategy conservatives embraced to expand their vision for schooling in America, establishing small school choice programs and then using those experiments to push the boundaries of state and federal law.

Senior policy reporter Rachel Cohen talked with Fitzpatrick about the trajectory of school vouchers as an idea and the future of public schooling in the US. Their conversation has been lightly edited and condensed for clarity.

Rachel Cohen

Your book does a very good job of showing how the boundaries between church and state have eroded over the last few decades, and why the legal arguments for private school vouchers have gotten stronger as a result. I think many readers will be surprised to learn all of this, so emphatically have we been taught that there’s a separation between religion and public institutions.

Cara Fitzpatrick

When I started doing the research, I thought there was going to be this very clear line between church and state, but the legal history was murkier, which is why then we’ve seen this progression of cases more recently leaning more toward the religious liberty side of things. One of the questions I often get asked is, “Well, how can you give money to a religious school?” And it’s like, “Here’s 40, 50, 70 years of case law that kind of explains it.” But if you’re not following all those cases, most people find that to be pretty confusing.

Rachel Cohen

Yeah, there’s always been a small legal window, and over time conservatives have cleaved that open wider. But we had basically been taught in schools that it was a firm, unchanging boundary.

Cara Fitzpatrick

And there have been justices on the Supreme Court who have spoken to the fact that it’s just this tricky area of law, and has been tricky for a long time. And then watching where the Court has gone recently with the Establishment Clause has been kind of wild, actually, because it’s pretty far from where they were when some of these early school voucher cases were litigated. I think it’s gone even farther than school choice advocates thought it would.

Rachel Cohen

Where would you say things are today?

Cara Fitzpatrick

I think it’s pretty clear that the Supreme Court’s conservative majority has been ruling in favor of religious liberty — not just in school choice cases but in a variety of cases — and I think the window is open for it to go even further than it has. I mean, I’m really interested in where it’s going to go with the religious charter school issue that’s coming out of Oklahoma. I don’t want to predict how that will go, but I think it seems like there’s definitely some room to believe that the conservative majority might eventually sign off on that.

Rachel Cohen

Private school vouchers have been picking up steam lately, making political gains in recent years. What were some of the most surprising things you learned about the history of school vouchers, and what, if anything, about that history feels important to understanding the programs we’re seeing today?

Cara Fitzpatrick

One of the things that was interesting for me to grapple with was that in the 1950s and ’60s, segregationists in the South essentially used the idea of school vouchers to thwart Brown v. Board of Education. But then in the 1990s and 2000s, school choice advocates argued this was a civil rights issue. So I’ve been trying to sort out and make connections between those two eras.

One of the main figures in the book is Polly Williams, who was a Black state representative in Wisconsin who very much viewed vouchers as a tool of empowerment for low-income kids, and particularly low-income kids of color. Her involvement in that issue was really fascinating and kind of linked those two periods in a way. Williams had fears that vouchers would become sort of what they’ve become today: subsidies for everyone, regardless of income.

I think one of the things I really wanted to do with the book was not take a hard and fast position on school choice or on school vouchers, but give someone who might come across a headline about universal school vouchers a way to understand how we got here.

Rachel Cohen

The title of your book is The Death of Public School: How Conservatives Won the War Over Education in America. I hear you on not wanting to take a clear position on vouchers or choice, but I think conservatives may argue it’s simply a new era of public school, not the death of it. I wanted to invite you to talk more about your title.

Cara Fitzpatrick

I think the title and subtitle will please no one. But for me, I think it raises that question, right? Does this spell the end for the public school system? That’s something that I had to grapple with throughout because, even just a few years ago, it was very much a talking point from school choice advocates that choice can help drive improvements to traditional public schools. But then in the last couple of years we’ve seen some pretty aggressive attacks on public education by Republicans and the rhetoric has definitely become more extreme, referring to schools as “government indoctrination camps” and things like that. A few prominent conservative school choice advocates have pretty openly said we should really use these school culture wars to push the movement forward.

Rachel Cohen

Based on your research, do you see any sort of path for the more liberal, progressive vision of public education to mount a comeback? Is there any sort of competing strategy in the courts or politics?

Cara Fitzpatrick

It’s hard to predict. The book is landing — just coincidentally — at this moment in time when school choice is dominating the news cycle and “parental rights” are all over the place. But even just a few years ago, I remember in 2017 a couple people saying to me, “Well, aren’t school vouchers dead?”

Education can really change in a short period of time. It does feel to me like Milton Friedman’s side of the debate on the free-market vision for vouchers has really eclipsed what Polly Williams and some of the more progressive voices were about. But I think some of this may depend on how the new choice programs actually play out, including whether people take states up on these universal voucher programs.

Rachel Cohen

Is the lesson here to just stick with a political goal for 50 or 60 years and then eventually you might win?

Cara Fitzpatrick

Maybe! It is really fascinating: On vouchers, conservatives have played the long game and it seems to have worked out pretty well for them.

Rachel Cohen

There’s often this debate over whether charters or vouchers or tax credit scholarships result in better academic outcomes for students, either through competition or simply by injecting the power of “privateness” into the equation. Did your book lead you to any conclusions or clarity on those questions?

Cara Fitzpatrick

I think there’s a pretty solid amount of research at this point — not about universal vouchers, since that’s still kind of new and uncharted territory — but on some of these voucher programs that have existed for a long time. And what researchers have found is that the programs haven’t lived up to the promise of what the early advocates wanted or assumed would happen. I think there was this belief that private schools were just sort of inherently better than public schools, so if you just got more kids in private then all those kids would do better. A lot of the major research studies have shown either the same results for test scores between public and private, or actually a decline in private. And then there’s been a little bit of research on some other life outcomes that have been positive, like showing kids in some of these voucher programs are more likely to graduate.

There are a lot of studies out there, some far less rigorous than others, and I think wading through all that can be a little intimidating. What I believe and I wanted the book to show is that this debate in America is really more about values than about outcomes.

Rachel Cohen

We’re in a moment when the conservative legal movement is at its strongest on school choice and teacher unions are in a very weakened position. Can you talk about the role you saw unions play in accelerating or slowing down these policies? How much do you think it matters today that unions are in a less powerful position?

Cara Fitzpatrick

Unions were typically opponents of school choice programs, but I didn’t get into the role of specific union leaders in the book with the exception of [former American Federation of Teachers president] Albert Shanker, since he was sort of outside the mold of what a lot of union leaders were saying. But I didn’t see unions’ opposition making a huge difference for the most part. Mostly they become convenient scapegoats in the partisan conversations.

With teacher unions, what’s interesting is that a lot of their fears about where the programs would go seem to have come true. Unions warned from the start that this was not in fact going to be just a little experiment, that these programs are not going to be just limited to disadvantaged students, and now we are seeing these universal programs pass.

Unions have played pivotal roles in different places and in moments of time in blocking or slowing school choice, but ultimately I don’t think that they were necessarily going to stop all of this. They stopped some of it. A lot of voucher proposals failed. It’s just that enough of them passed to have this toehold over time.

The Radical Teachers’ Movement Comes to Baltimore

Originally published in The Nation on June 7, 2019.
——

In mid-May, 37-year-old Diamonte Brown won her bid to lead the Baltimore Teachers Union, defeating Marietta English, who has led the nearly 7,000-member union for most of the last two decades. The shakeup in Charm City school politics marks a victory not just for Brown, a middle-school English teacher, but the Baltimore Movement of Rank-and-File Educators (BMORE), a social-justice caucus that has been organizing since 2015.

Yet English, who was seeking her ninth term in office, says she cannot “in good faith concede” and has demanded a re-vote—alleging Brown and the slate of candidates she ran with committed a series of election violations, like illegally campaigning on school grounds. Critics say the incumbents have their own campaign missteps to account for, including writing rules that discourage challengers and trying to suppress the vote.

The American Federation of Teachers, the national parent union for the BTU, is stepping in, and plans to hold a formal hearing to adjudicate the complaints next week. The election drama reflects a stark departure from what are typically sleepy Baltimore affairs.

Still, with roughly 500 more ballots cast this cycle compared to last, observers say the increased interest in the election should not go ignored, regardless of what happens when the AFT concludes its investigation.

BMORE says that no matter the outcome they’re here to stay, joining a national movement dedicated to using teacher unions as a vehicle for broad social change. This movement first caught fire with the Chicago teachers strike in 2012, an eight-day protest of educators, parents, students, and community members who called for increased funding for public services. Similar radical caucuses have since emerged in cities like Philadelphia, Los Angeles, Seattle, and St. Paul and now they’re banding together to help those in Baltimore.

BMORE’s story begins with Natalia Bacchus, an ESOL teacher who moved to Baltimore in 2013 after teaching in suburban Maryland for nine years. Bacchus was bewildered by the bureaucratic hurdles she encountered at nearly every turn.

“When I worked in Montgomery County, I didn’t know anything about our union, I was just like, I’m a public-school teacher, I’m a public servant, I have a unionized job, that’s cool,” she said. “Then I came to Baltimore, and I was like, wow—everything is a hassle every step of the way. And what do you mean kids can’t drink from the water fountain? And kids have to go to bathroom in groups? All these restrictions that would never fly in Montgomery County.”

Bacchus didn’t know many other Baltimore educators, and didn’t know if she was alone in feeling this way. Eventually she met Helen Atkinson, the executive director of the Teachers’ Democracy Project, a local education advocacy group. In 2014 Atkinson invited Bacchus to become a TPD fellow, where she would research progressive teacher unions around the country.

The next year Bacchus and Atkinson started traveling to different cities to learn from activist teachers. In August 2015, they went to Newark, New Jersey, for the annual United Caucus of Rank and File Educators conference, and began asking more practical questions about what launching a union caucus might look like.

“I was like this could be big, and Chicago’s social-justice caucus was called CORE and New York’s was MORE—we should call ours BMORE!” Bacchus said.

That fall, Atkinson introduced Bacchus to two other radical educators she knew in Baltimore—Cristina Duncan Evans and Corey Gaber. Bacchus was then working at a traditional public elementary school, Gaber was a charter middle-school teacher, and Duncan Evans was teaching at a specialized high school for the arts. Their diverse experiences struck them as a powerful opportunity.

Together they started a book club, reading texts like How to Jump-Start Your Union, about the Chicago Teachers Union, and The Future of Our Schools, by education scholar Lois Weiner. Later that year they traveled to Chicago, to meet the CORE educators in person. That summer Samantha Winslow from Labor Notes, a media and union activism organization, came out to Baltimore to lead an organizing workshop, and five Baltimore educators went to Raleigh, North Carolina, in August for UCORE’s next conference. Leaders describe BMORE’s beginnings as “a lot of slow, but really deep” organizing.

In the fall of 2016 the newly formed BMORE steering committee decided to launch their first campaign—a petition drive to allow absentee voting in BTU elections. That winter they held their official BMORE launch party at a local barbecue restaurant, and wondered if anyone would even show up. Nearly 70 people did. “We knew then that this type of connection and work was resonating with people,” said Gaber.

Amplifying black leadership and centering racial equity, they stressed, would be at the core of their efforts. They created a closed Facebook group for members, and began holding regular meetings at different schools. By April 2017 they formally met with their union’s leadership, receiving guidance from Philly’s social-justice caucus on how to approach that conversation. The BTU, they said, was surprisingly receptive to their group.

“Marietta even offered to come to our meetings, but we said no that’s not how we operate,” said Bacchus. “We’re from the rank-and-file.”

BMORE’s organizing got an unexpected jolt the following winter, when local and national media on Baltimore students trapped in freezing classrooms with broken heaters. Some schools never even opened due to malfunctioning boilers, while others sent children home early. BMORE quickly organized and sent a list of demands to the school board and school district CEO, signed by more than 1,500 supporters. The school CEO, Sonja Santelises, wrote BMORE back with gratitude for “fiercely advocating for solutions,” and the school district largely adopted their recommendations. The next month BMORE joined 20 other cities in hosting a Black Lives Matter at School Week of Action, demanding things like more culturally competent curriculum and the hiring of more black educators.

Last summer BMORE leaders started discussing running their own candidates in the next union election—something that happens every three years. They decided to team up with another young social-justice group, the Caucus of Educators for Democracy and Equity (CEDE), and run jointly under the banner of The Union We Deserve. Diamonte Brown would run for president, and they’d run additional candidates—including Gaber and Duncan Evans—for the executive board. The Union We Deserve slate would compete against the Progressive Caucus, a slate that included Marietta English and which has held power in the union for years.

The insurgent candidates admit there are some things the BTU already does well. Baltimore teachers have some of the highest salaries in both Maryland and the nation, and their health-care benefits are notably strong. “At a time when people are going on strike over low wages and poor health care, the Progressive Caucus has pushed for even more salary increases and our good health care to get even better,” said Corey Debnam, the Progressive Caucus chair and a Baltimore educator for the last 19 years.

Still, the teachers with The Union We Deserve say they want more than an effective service union, and to prioritize more than just good pay, benefits, and professional development. They want to mobilize teachers into a political force for students and communities—through the ballot box, at the bargaining table, and through direct action.

“I taught American government for nine years, and 6,000 organized voters can really have a big impact on electoral politics when you look at the turnout in some of our races,” said Duncan Evans. Baltimore is a deep blue city, and in the last Democratic primary for mayor, the winner emerged with less than 2,500 votes.

Whether the new social-justice educators maintain control of the Baltimore Teachers Union will likely be resolved later this month.

Marietta English did not respond to a request for an interview, but sent a statement saying she is glad the American Federation of Teachers is coming to oversee an investigation. “As I have said numerous times, there were egregious violations throughout this campaign process,” she said. “I am confident that this investigation will allow all members to have their voices heard and restore the integrity of our elections.”

Sandra Davis, the chair of the union’s chapter for paraprofessionals and school-related personnel (PSRPs), and a member of the Progressive Caucus, told The Nation that this election is extremely unusual, and that in her 30 years as a Baltimore educator she’s “never seen anything like this.” If Brown’s presidency is upheld, Brown would serve over a joint-executive board—with the teacher chapter chaired by Duncan Evans, and the PRSP chapter chaired by Davis. “At this point, no one is including us,” said Davis. “We don’t have a clue what’s going on—we’re just in limbo.”

Davis and Debnam said union members contacted them to object to BMORE/CEDE supporters canvassing at their homes this past spring. The union’s election guidelines prohibit the BTU from sharing members’ personal contact information, leading some to view the canvassing as a violation of their privacy, even if BMORE/CEDE didn’t get the home addresses from the union itself.

“We have people who are really offended that someone late at night—at 6 or 7 PM, is coming to their home to campaign about an internal election,” Debnam said. “That’s just something we would never do.”

The Progressive Caucus is not just accusing BMORE/CEDE of wrongly canvassing at people’s homes. They also accuse them of illegally campaigning on school grounds. With additional election rules like prohibitions against teachers leaving campaign literature in educators’ mailboxes and sending campaign literature on work email accounts, candidates are left with few ways to actually reach prospective voters. Critics say that’s by design, to protect those already in power. Bacchus, who resigned in 2018 and now works with the Teachers’ Democracy Project full-time, said The Union We Deserve’s main goal throughout the campaign was to spread awareness about the upcoming election. “Most teachers don’t even know that every three years there’s an election for BTU leadership,” she said.

BMORE/CEDE, for their part, say the BTU leadership tried to suppress the vote before and during the election, in part by limiting voting hours, removing a voting location, and denying a bulk of absentee ballots. On Election Day, local media also covered complaints from educators who said the ballots on their voting machines were designed in a confusing way, formatted as if to encourage re-electing the incumbents. Debnam of the Progressive Caucus said all candidates had the opportunity to meet with the elections vendor beforehand to see how the ballot would be formatted. “We have no say in how the machine looks, that’s Elections USA, and now there’s this really disturbing narrative that it’s we who have done wrong when in reality we ran a fair and honest campaign,” he said.

Duncan Evans says she isn’t entirely surprised their caucus’s victory is being contested.  “The BTU has challenged elections in the past,” she said. “So I certainly knew this was in the realm of possibility.”

BMORE leaders say if the election results are upheld, then they hope to begin meeting with individual members, to revamp their union website, and to bring full-time organizers on staff.

“I’m looking forward to people understanding more about how a union works, but I think a large part of transparency means us listening,” said Duncan Evans. “This is all long overdue.

On Beto O’Rourke and Charter Schools

Originally published in The Intercept on March 27, 2019.
—–

WHEN BETO O’ROURKE ran for Senate in 2018, he highlighted the importance of public education and consistently said that he stood squarely in support of teachers. Given that his opponent was Republican Sen. Ted Cruz, that was more than enough to secure endorsements from both the Texas State Teachers Association and its parent union, the National Education Association. Teachers across the country helped fuel his small-dollar donor machine.

There was little reason, then, to probe Beto O’Rourke on charter schools. In the Democratic presidential primary, he is unlikely to get the same gentle treatment — particularly given his wife Amy O’Rourke’s deep ties to the charter community.

Education in general was not a top priority for O’Rourke on the Texas campaign trail, nor did he have a robust record of tackling education issues during his three terms in Congress. Voters had a general sense of where he stood on K-12 education issues: He supported a rollback of standardized testing; he opposed the advent of private school vouchers and Education Secretary Betsy DeVos; he believed teachers should be paid more and that the federal government should fully fund the Individuals with Disabilities Act.

But O’Rourke stayed conspicuously silent on the topic of charter schooling during his Senate campaign, and his backers in the education establishment decided not to press him on it.

This is not because charter schools are not a growing issue in the state of Texas. Just this year, the Texas American Federation of Teachers called for a pause on the publicly funded, privately managed schools until the state legislature agrees to pass a series of reforms. “We’ve always been against charter expansion and school privatization, but this is the first time we’ve said, ‘Let’s take a time out,” said spokesperson Rob D’Amico.

Clay Robison, a spokesperson for the Texas State Teachers Association, told The Intercept his union is “very concerned” about charter growth in Texas, “especially the national charter chains that have been zeroing in on the state.” A recently commissioned TSTA poll found 73 percent of respondents statewide said there should be a halt on charter expansion until there’s more evidence of success. The two state teachers unions also filed a lawsuit last summer against a Texas law that encourages school districts to turn struggling schools over to charters or outside operators. That case is pending.

FOR THE LAST couple of years, the Democratic Party has been grappling with voters’ changing views on charter schools. In 2016, the party’s platform, which maintained its support for providing parents with “great neighborhood public schools and high-quality public charter schools” articulated, for the first time, an opposition to for-profit charter schools, which are a small but politically powerful segment of the movement. Other elected officials, and presidential candidates like Hillary Clinton, also began that year adopting this compromise-seeming position.

In 2016, charter advocates also suffered an expensive loss in Massachusetts, when voters across the blue state rejected a ballot initiative to lift the state’s charter school cap. The measure failed 62 percent to 38 percent, and while the initiative was being led Democrats for Education Reform, the state’s Democratic party had come out against it.

In 2017, with Donald Trump in office and GOP mega-donor Betsy DeVos appointed to lead the Education Department, the politics around charters continued to grow more thorny for liberal school choice supporters, many of whom who had long been hostile to teacher unions. That year, Gallup reported a growing partisan divide on charters, with Democratic support at 48 percent, down from 61 percent in 2012. Republican support held steady over the five years, at 62 percent. Public support for unions, meanwhile, continued to climb — climbing from 56 percent in 2016 to 61 percent in 2017, and reaching 62 percent — a 15-year high — in 2018.

Charters were further thrust in the spotlight in the 2018 midterms, as many Democratic candidates campaigned on reserved or qualified support for charters. Newly elected Democratic governors in Illinois, California, and New Mexico all said they’d back a pause on charter school expansion, and other Democratic officials grew more forthright with their critiques. The teachers strikes that swept the nation also elevated concerns around charter schools, particularly when Los Angeles educators went on strike for six days at the start of 2019.

While most Democratic candidates are likely to face questions about charter schools on the trail to the White House, that likelihood is greater for Beto O’Rourke’s than most, given his wife’s stature in the charter school movement. Amy O’Rourke is a former charter school leader and currently sits on the board of a local education reform group that supports expanding charter schools in El Paso.

“Amy is free to work wherever she chooses, that’s her choice, but I think at some point Beto is going to be asked about that and he’s going to be asked about his position on public schools and charters,” said Norma De La Rosa, the president of the El Paso Teachers Association. “He was asked during his campaign about the more pressing issues like immigration and the wall, but I can assure you, he will be asked about charters now.”

Amy O’Rourke began her education career as a kindergarten teacher in Guatemala, where she worked for one year after graduating college. When she returned to El Paso in 2004, she connected with a local community organization, Centro de Salud Familiar La Fe, and helped them launch a dual-language charter. She served as superintendent of the school, La Fe Preparatory School, from 2007 to 2012. In her application to open the school, she wrote that the local school district “failed to create an educational system that can generate true success for all students in the community” and promised to offer “a drastically different educational experience” for Segundo Barrio children. She also noted that “innovation and creativity are the backbone of charter schools” and praised other Texas charters for their commitment to “seeing the underprivileged succeed through hard work.”

Now, Amy O’Rourke serves on the board of the Council on Regional Economic Expansion and Educational Development, or CREEED, a business-backed organization that launched in 2014 to help push education reform initiatives in El Paso. Amy O’Rourke also directs CREEED’s “Choose to Excel” initiative, aimed at boosting college-readiness and which focuses, in part, on expanding charter schools in El Paso. In 2017, CREEED hosted a two-day summit, funded in part by the Bill and Melinda Gates Foundation, to strategize on how to advance education reform. Several days later, a local philanthropic group, the Hunt Family Foundation, donated $12 million to CREEED, specifically to help boost charter school enrollment El Paso. The foundation’s chair, Woody Hunt, who also serves as vice chair on CREEED’s board, told the El Paso Times that he hoped the big donation “will show large charter school backers, like the Bill & Melinda Gates Foundation, that the education community in El Paso is committed to school choice.”

The donation was slammed at the time by local teacher unions, and De La Rosa of the El Paso Teachers Association told The Intercept that her organization has been upset with the way CREEED has operated in the city. “If they are as concerned about public education and the kind of education we are providing for our students, then why did they not get involved within the public school system and work with administrators and teachers to see how they could help us change direction here in El Paso and providing those resources we desperately need?” she asked. “We’ve made it clear that their philosophy does not mesh with our philosophy of what a good public school and a good public education for all our students looks like.”

One of CREEED’s focuses over the last several years has been to bring the fast-growing charter network IDEA Public Schools to El Paso. IDEA is one of the largest nonprofit charter networks in the country; it opened 18 new schools this past fall. It’s a “no excuses”-style network, with school uniforms, longer school days, a focus on enrolling in college, and strict discipline rules.

According to Chalkbeat, the IDEA charter network hopes to educate 100,000 students in the next four years and to hit 250,000 students in the next 10. In El Paso specifically, IDEA aims to run 20 schools by 2023, with the first two campuses having opened this past year. CREEED has pledged at least $10 million to help IDEA meet their growth goals.

The Intercept contacted CREEED to speak with Amy O’Rourke about public education and charter schools, and a spokesperson said they forwarded the request to the Beto O’Rourke campaign, which did not return request for comment. Beto O’Rourke’s spokesperson, Chris Evans, also did not return multiple requests for clarification on the candidate’s position on charter schools.

Randi Weingarten, the president of the American Federation of Teachers, met with the O’Rourkes recently in Texas. In an interview with The Intercept, Weingarten said Beto O’Rourke asked her “some really good questions” about schools and emphasized that the “value statements he’s been saying and said during the campaign [about schools] are important.” Weingarten said they discussed the educators he met on the campaign trail who had to use their own personal funds to pay for classroom supplies and that they discussed the importance of community schools with wraparound social services.

She demurred on whether they talked about charter schools specifically. “I’ve been very careful to not repeat the content of conversations I’ve had with the candidates,” she said. “But the whole context of how austerity and competition have really hurt public school opportunities is something that he was very aware of, let’s just put it that way.”

Weingarten acknowledged that education issues weren’t so central to the 2018 Senate race, but she expects things to be different in the months ahead. “A lot of issues did not get the same kind of airing that they will in the 2020 presidential,” she said. “And education issues will get an airing.”

Lawsuit Against Project Veritas May Shed New Light on Right-Wing Group’s Internal Operations

Originally published in The Intercept on July 23, 2018.
——

A Michigan judge issued a ruling late last week granting the American Federation of Teachers the right to discovery in an ongoing legal battle with Project Veritas, the sting group launched by conservative provocateur James O’Keefe.

The escalating fight, which is being played out in the U.S. District Court for the Eastern District of Michigan, began last September, when the teachers union filed a lawsuit accusing Project Veritas of infiltrating and illegally gathering proprietary information from its Michigan affiliate.

Project Veritas, a right-wing activist group known for releasing undercover video exposés of liberal organizations like ACORN and Planned Parenthood, has taken a special interest in targeting teacher unions over the last eight years. The group has been accused of routinely doctoring its videos, and last year it was caught trying to feed a false story about Roy Moore, then a U.S. Senate candidate in Alabama, to the Washington Post. The discovery in the Michigan case may shed new light on its internal operations.

According to the September complaint, which was filed in state court, Marisa Jorge, a political operative for Project Veritas, presented herself as a University of Michigan student named Marissa Perez who was interested in becoming a teacher. She applied for a summer internship with AFT Michigan and was hired in May 2017. For the next three months, she allegedly gathered a wide range of confidential information on the teachers union. The lawsuit claims that on multiple occasions Jorge was found alone in other employees’ offices, accessing information she, as an intern, had no right to see. In other cases, she requested to attend bargaining sessions, was given access to internal databases, and secretly recorded conversations, according to the complaint.

A Michigan judge responded to the lawsuit by issuing a restraining orderagainst Project Veritas in September, barring the group from publishing or disclosing any materials it may have collected from the union. The next month, following a motion by Project Veritas, the case was moved from state to federal court. In December, U.S. District Judge Linda Parker lifted the restraining order. Parker said the AFT had not sufficiently demonstrated it would be harmed by what Project Veritas had collected. In her decision she wrote that “a preliminary injunction most certainly will infringe upon Defendants’ First Amendment right.”

The union went back to court in early May to try once more to prevent Project Veritas from releasing any documents or videos it had obtained from its Michigan affiliate. Parker denied the AFT’s second request, again citing First Amendment concerns.

Project Veritas began releasing information from AFT Michigan immediately thereafter. In its first post, headlined “BREAKING: Alleged Child Molester Paid Off in Union Negotiation by Michigan American Federation of Teachers,” Project Veritas boasted of releasing documents and undercover footage “which reveals that the union protected a teacher after accusations of sexual misconduct with a seven- or eight-year-old girl arose.”

AFT president Randi Weingarten and  AFT Michigan President David Hecker released a joint statement following the video’s release, calling it a “heavily spliced” smear tactic intended to undermine educators and their unions.

“In this particular case, following accusations of a teacher’s misconduct with a child of a woman he was dating years before, the union and district officials worked together to separate a teacher from service and make sure students were protected,” Weingarten and Hecker stated. “To this day, the teacher denies the accusations, and no charges have been filed. AFT Michigan continues to prioritize the well-being of students and the promise of high-quality public education in Michigan.”

Parker’s new ruling, issued on Thursday, allows the AFT to amend its legal complaint to include information about the video Project Veritas released in May. It also paves the way for the union to begin requesting information through the discovery process.

“It’s going to get interesting now because we have the opportunity to dig pretty deep into Project Veritas and their activities,” AFT Michigan attorney Mark Cousens told The Intercept. “We can discover not only how they work, but what they did in Michigan.” Cousens said the union, through discovery, might request information on Jorge’s relationship to Project Veritas, background on Jorge, and what materials she may have taken while working as an intern.

Weingarten said in a statement that her union is “committed to holding Project Veritas accountable for its unlawful misrepresentations, infiltrations, and splicing and dicing of unlawfully obtained material to smear teachers and public schools.” Weingarten pledged to “move forward in our efforts to bring to light the deceptive, unscrupulous distortion tactics Project Veritas is known for.”

Marco Bruno, a spokesperson for Project Veritas, dismissed the decision. He told The Intercept that the AFT “is winning only the highest award for delusional self-congratulations. Contrary to its claims, AFT’s reckless efforts throughout this lawsuit to censor a Veritas publication failed repeatedly. As far as the case goes, they have won nothing, and their latest pleadings are as weak as their previous complaint. AFT is wasting union members’ dues on a frivolous lawsuit that it has no chance of winning.”

Project Veritas has long targeted teacher unions. In 2010, O’Keefe, the group’s founder, infiltrated a New Jersey Education Association leadership conference and produced a project called “Teachers Union Gone Wild.” His group produced another video last summer that purported to show a New Jersey teacher offering journalists cocaine at a union convention. After that video was released, O’Keefe went on the radio to say his teacher union exposés are not finished. “I don’t ever, ever expect the institutions to hold people accountable, so it’s up to exposures,” O’Keefe said, promising that “we have more coming out.”

And indeed, they did. In May, on top of its AFT Michigan work, Project Veritas released two more undercover videos of New Jersey union officials discussing how to protect teachers accused of abuse, which subsequently led to the suspension of two union presidents. New Jersey Democrats, including state Senate president Steve Sweeney and Gov. Phil Murphy, have since called for investigations into the union’s behavior.

The NJEA released a statement in response to the videos, saying it “does not, in any instance, condone the abuse or mistreatment of children or the failure to properly report allegations of abuse.” The union also announced it would be commissioning an independent review of its local affiliates to ensure that staff and leaders “understan[d] and clearly communicat[e] the responsibility of all school employees to report any suspected abuse of children.”

While the NJEA charged Project Veritas with being a political group “with a long history of releasing deceptively edited videos that later prove to have been dishonest and misleading,” Sweeney did not back down. “They can attack the videos and who did the videos all they want,” he told NJ Advance Media, referring to the union. “But those words were real, those actions were real, and they need to be dealt with.”

Also in May, Project Veritas released another video, showing teachers union officials in Ohio discussing how they would defend educators who abused students. State union officials called the videos doctored and edited to fit the organization’s agenda.

O’Keefe hinted at more videos in the future. Following the Michigan, New Jersey, and Ohio videos, Project Veritas promised to release “more undercover videos of teachers unions from ALL ACROSS THE COUNTRY in the coming days and weeks.”

After Janus, The Country’s Largest Public-Sector Union Takes Stock of Its Movement

Originally published in The Intercept on July 5, 2018.
——

The annual meeting of the National Education Association, the country’s largest public-sector union, held in Minnesota this week was much more high stakes than in years past. Typically, the convention is a chance for educators to vote on bread-and-butter issues like budget priorities and advocacy target areas. But the 8,000 or so students, retired teachers, and NEA delegates who descended on the Minneapolis Convention Center had more existential questions on their minds. In the wake of a U.S. Supreme Court ruling that dealt a crippling blow to public-sector unions, they debated strategies to expand their membership, keep union members apprised of their rights, and recover from the impending financial loss that is sure to happen in a post-Janus world.

In Janus v. American Federation of State, County, and Municipal Employees, a 5-4 Supreme Court majority ruled last week that despite laws requiring public-sector unions to represent all workers in a workplace, fees charged to non-members to support the costs of collective bargaining violate the First Amendment. For more than four decades, the Court has held it constitutional for unions to collect money from non-members to support the costs of negotiating contracts on their behalf. Janus overturned that precedent, meaning that employees can now enjoy the benefits of collective bargaining without having to pay for it. Labor unions are bracing for substantial revenue loss.

Now, the choice before teachers is paying either hundreds of dollars in annual membership dues, or nothing at all. The NEA, which represents a little over 3 million members, is forecasting a loss of 370,000 members over the next two years. Approximately 88,000 educators have been non-members paying NEA agency fees, and the union anticipates at least several hundred thousand current members will also rescind their union cards.

“Janus was nothing more than a pretext for the Koch brothers and all their funded-friends to push for union members to drop out,” NEA President Lily Eskelsen García told The Intercept. “With Janus, they don’t care about the [agency] fee payers, they care about reducing our resources and our actual members.” She pointed to the multi-million dollar effort recently launched by a Koch-backed group to persuade dues-paying members to opt-out.

In light of these realities, the NEA approved a two-year budget at its convention that scales back union expenditures by $50 million. Union leadership maintains that this scaleback will not impact the organization’s political activities. “We’re looking at getting economies of scale as best we can,” explained Jim Testerman, the senior director at the NEA’s Center for Organizing. “How many more meetings can we do digitally, can we cut back on food, travel, are there different ways to approach the work. We also didn’t replace 40 staff who retired in January.”

While some states where NEA wields the most influence, like California, New York, and New Jersey, have required non-members to pay agency fees, the recent wave of teacher strikes that exploded across the nation in states like West Virginia, Arizona, and Oklahoma occurred in right-to-work states — which purport to protect workers from being required to join unions, but make collective bargaining more challenging and don’t require agency fees. Conservatives point to the walkouts as proof that agency fees aren’t really necessary. But workers in right-to-work states say they understand their efforts are aided by the national unions, which will certainly take a financial hit from Janus.

Back in the 1980s, when Eskelsen García was a 6th grade teacher, she served as bargaining chair for her union in Utah, a non-collective bargaining state. “There’s still a lot you can do without anyone’s permission,” she said. Just as superintendents and school board members largely supported the teachers who went on strike in red states this year, Eskelsen García said many administrators have shown willingness to bargain with unions even when not compelled to by state statute.

Indeed, at the NEA convention, despite the looming financial threats, the thousands of attendees were palpably emboldened by the teacher walkouts, collective actions that gave them a renewed and clearer sense of their own power. Though the protests were not union-initiated — beginning spontaneously with the grassroots — Testerman, of the NEA’s Center for Organizing, said his union is working to marry “the organic and the organized” as actions erupt. “It’s something we got better with over time, and Arizona was a good example,” he told The Intercept. “You don’t want the union to take it over, but having some organized entity who can get you permits and porta-potties and things like that can help you get even more done.” According to Testerman, Arizona’s NEA affiliate has seen an 8 percent increase in its membership since last year. “I don’t think the walkouts are over,” he added, noting that the future of the movement will depend on what happens in upcoming legislative sessions.

Delegates Reject Proposal to Open Union Membership to Supporters

One of the most contentious items considered at the NEA convention was a proposed constitutional amendment to create a new category of union membership, open to “any person who demonstrates support in advancing the cause of public education” and “advocates for the mission, vision and core values of the Association.”

The idea was formed last year in the wake of Betsy DeVos’s nomination to lead the Department of Education, Eskelsen García explained, when parents and community members flooded the NEA with questions on how they could speak out in opposition to DeVos and better support public education. Then, in the midst of the teacher strikes, the NEA president said, the outpouring support from non-educators proved crucial in building a broad political coalition for the walkouts. Under the proposal, so-called “community ally” members would pay minimal union dues but would be ineligible to vote on union matters or hold governance positions. The biggest opportunity this membership category would create, supporters explained, would be to make it possible for community allies to contribute to the NEA’s political action committee; only NEA members can legally contribute to the PAC, and given the expected decline in membership, this change would have given the PAC an additional stream of funds. The proposal also would have enabled the union to contact supportive members of the public directly. “We’re organizers in our bones,” Eskelsen García told The Intercept. “Why not organize them?”

The proposal triggered heated debate on Tuesday afternoon. Some members voiced concerns about opening up the union to outside political influence. “Selling stockholder shares in our union is a dangerous one,” warned a delegate from Michigan. “When you purchase stock, you expect a return on your investment.” Marshall Thompson, a delegate from Minnesota, called the idea half-baked. “Does my union card mean something or not?” he asked. “Bill Gates should not be able to buy one.”

NEA leadership defended the proposal, explaining that four other major unions, including AFCSME, have a similar membership category for the public, and all but 14 of the NEA’s state affiliates do too. For example, the Pennsylvania NEA affiliate has a “Partners for Public Education” membership category. Plus, NEA leaders added, community allies would have the same $5,000 political contribution limits to the PAC as do regular members. Tripp Jeffers, a delegate from North Carolina, spoke in favor of the amendment, saying a version of it already works well in his state. “We get by with a little help from our friends,” he quipped. Joe Thomas, the president of the Arizona Education Association, also defended the amendment, reminding the audience that the parents and community members who walked alongside educators during Arizona’s six-day teacher strike were instrumental in helping the union rebut the political narrative that their action was solely about teacher wages.

That was not enough to convince the 8,000 delegates, though. The measure was narrowly defeated on Wednesday, with just over 60 percent of delegates voting in favor. Constitutional amendments require a two-thirds majority to pass.

Reauthorization and Affirmative Consent

Janus has also sparked a legal and political debate over whether dues-paying members need to proactively reauthorize their union membership. The majority opinion, authored by Justice Samuel Alito, states that “neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.” Conservatives have latched onto this “affirmative consent” idea to say that all those represented by a union, members and agency-fee payers alike, should have to affirmatively opt-in.

But labor groups have taken an alternative reading. At the NEA convention, the union’s general counsel Alice O’Brien told the crowd of delegates that Janus “does not mean that unions have to re-sign existing members. Janus is about fee payers,” she said. “Nothing in Janus supports an employer [who] insists a union must submit new proof that existing voluntary members want to remain members.”

Eskelsen García told The Intercept that the NEA has already received reports of school districts and school boards asking unions to submit new proof of membership. “But Janus doesn’t require that, and part of our mission right now is we have to make sure that our folks across the country understand that Janus was very specific in saying you can’t require a non-member to pay fees,” she said. “It doesn’t require re-signing up members, but we anticipated there would be a lot of misinformation from the Koch brothers and others. We’ll get this straightened out.”

The question over re-commitments first arose three years ago, when the Supreme Court heard the case of Friedrichs v. California Teachers Association, an anti-public sector union case considered to be the predecessor of Janus. (Friedrichs also challenged public-sector agency fees, but Justice Antonin Scalia’s unexpected death in 2016 resulted in a 4-4 decision that left the fees alive until Janus was brought before the court.) Despite the teacher union’s position that re-commitments are not legally necessary, both the NEA and the American Federation of Teachers have been working since then on getting re-commitments from all their members. The AFT reports that out of 800,000 members in 18 states with agency fees, more than 500,000 members have pledged membership renewals since January.

“The re-commit campaigns have really been an organizing strategy to go out and talk to our members about what these Supreme Court cases mean, and the value of belonging and acting collectively,” Testerman told The Intercept. “If members don’t know who the union is and what the union stands for, they are not likely to remain a member and we’re not taking anything for granted.” He said the NEA has seen a growth in membership for the last three years in a row, at an average of 0.5 percent per year.

But the tactics some union affiliates have taken to secure member re-commitments have stirred controversy, and they may be legally vulnerable in the post-Janus world.

In Minnesota, for example, the 86,000-member statewide teachers union asked educators to fill out membership renewal forms for the 2017-18 school year, authorizing the union to deduct dues. The forms included a fine-print disclosure that said “this authorization shall remain in effect and shall be automatically renewed from year to year, irrespective of my membership in the union, unless I revoke it by submitting written notice to both my employer and the local union during the seven-day period that begins on September 24 and ends on September 30. (emphasis added)”

The general counsel for the Center of the American Experiment, a conservative think tank, said the Minnesota teachers union was “betting that most teachers will just sign the card without reading it, or understanding what it means—and just keep paying.”

Los Angeles teachers took a similar approach. In its recommitment campaign, the United Teachers of Los Angeles asked members to sign membership forms with fine print that said, “This agreement shall be automatically renewed from year to year unless I revoke it in writing during the window period, irrespective of my membership in UTLA.” The legal language was first reported by Mike Antonucci, who runs the Education Intelligence Agency, a union watchdog site. “So a teacher who takes an administrative position, or leaves teaching altogether, and is then ineligible to be a UTLA member, will still be on the hook for dues payments until the next window comes around,” Antonucci surmised.

Both the Minnesota and Los Angeles re-commitment forms are constitutional under Janus’s “opt-in” requirement, said Charlotte Garden, a professor at Seattle University Law School. She added that she “also expect[s] the National Right to Work Foundation or other anti-union groups to challenge them in court, arguing they aren’t solicitous enough of objectors.” Garden said those types of challenges will “bring into conflict” two beliefs held by conservative members of the Supreme Court: that unions “must take various affirmative steps to facilitate the rights of objectors they represent” and that “employees should be held to the contracts they sign.”

Some conservative-backed litigation is already coming down the pipe.

Eight NEA state affiliates, including some in New York, Maryland, California, and Washington, are currently targets of class action lawsuits seeking to recover agency fees previously paid to the teacher unions before Janus. “The lawsuit we filed is a refund of the fees that were illegally retracted,” said John Bursch, the lawyer who filed the class action on behalf of California teachers. Alice O’Brien, the NEA’s general counsel, reminded delegates at the convention that whomever replaces Justice Anthony Kennedy, who announced his retirement just hours after siding with the majority in Janus, could help decide whether unions must pay back agency fees or not.

Another case, filed in February 2017, takes square aim at union opt-out rules. In Yohn v. California Teachers Association, Ryan Yohn and seven other California educators objected not only to paying agency fees but also to bureaucratic hurdles employees must go through if they want to opt-out of union membership. The teachers argue workers should have to affirmatively opt-in to a union, not opt-out. “We’re not free-riders, we’re forced riders,”one plaintiff told Education Week in February. The case is being brought by the Center for Individual Rights, the same libertarian law firm that brought the Friedrichs suit.

Sharon Block, the executive director of the Labor and Worklife Program at Harvard Law School, told The Intercept that she has no doubt that conservative groups will aim to push the limits of the Supreme Court’s holding in Janus for cases like Yohn. “I’m afraid that Janus has opened up additional fronts in the war these groups are waging on public-sector unions and the labor movement more generally,” she said. “We will see litigation for years.”

Union-Friendly Legislation in the Wake of Janus

In anticipation of a Supreme Court decision striking down agency fees, unions have been lobbying state legislators for the last few years to support new bills that could help labor strengthen its position. Specifically, labor organizations have pushed for new measures that would more easily allow union representatives to make the case for membership to new public-sector employees and to limit the services unions have to provide to non-members.

Last year in California, the legislature passed two such bills: one that allows public-sector unions to give presentations to new employees during their job orientations, and another that restricts what government employers can say to their staff about the pros and cons of joining a union. Two bills are pending now that would give labor groups an opportunity to weigh in on a worker’s intent to cancel their union dues.

Maryland legislators passed a bill this spring requiring new teachers to meet with a union representative within 30 days of their hiring or by their first pay period. It became law in April without the signature of Gov. Larry Hogan, a Republican.

New Jersey Gov. Phil Murphy, a Democrat, signed a more expansive bill in May that gives unions a number of new protections, including the right to meet with new employees for at least a half hour within 30 days of being hired and a guarantee that public employers will provide the union with exclusive representation contact information for all new employees.

In New York, Democratic Gov. Andrew Cuomo in April signed what he called “the Janus bill,” which in addition to providing unions with contact information for all new public-sector workers, also makes clear that unions are not required to provide non-members with the full range of union services. For example, non-members facing disciplinary charges will now have to obtain their own attorneys, whereas the union covers legal representation for dues-paying members. Last week, immediately following the Janus decision, Cuomo issued an executive order to protect public employee contact information from those who may try to target them in union opt-out campaigns. It was mostly a symbolic gesture, since the state already has similar privacy protections on the books.

Aside from these bills, Sharon Block of the Labor and Worklife Program at Harvard Law School and Benjamin Sachs, a Harvard Law School professor and editor-in-chief of the On Labor blog, put forth another legislative proposal to help unions cope after Janus. “The simplest, and the most effective, move would be for states to change, quite subtly, the accounting system for union dues,” they wrote last week in Vox. While unionized public-sector workers currently earn about 17 percent more than their non-unionized counterparts on average, the now-unconstitutional agency fees have comprised about 2 percent of that wage premium. Under the system reviewed by the Supreme Court, employers paid this 2 percent to workers, and workers then had to pay that money back to the union as an agency fee. “But if public employers simply paid the 2 percent directly to the unions — giving the same 15 percent raise to employees but not channeling the extra 2 percent through employee paychecks,” Block and Sachs wrote, “then there would be no possible claim that employees were being compelled to do anything, and thus no constitutional problem.”

“We’re up against something pretty scary,” Lily Eskelsen García said this week in Minneapolis, speaking before thousands of delegates. “Janus is the latest attack on our union, but this ain’t our first rodeo… We don’t get scared, we get ready.”

Conservatives Work to Undermine Oklahoma Teachers’ Raises After Walkout

Originally published in Rewire News on May 7, 2018.
—–

When Oklahoma educators headed back to school in mid-April after their historic nine-day walkout, they did so with mixed feelings. They hadn’t won all of their key legislative demands, but they didn’t return empty handed either: Teachers won salary increases of roughly $6,100 each, and raises of $1,250 for school support staff. The pay increases, set to take effect on August 1 would be paid for by new taxes on cigarettes, motor fuel, and oil and gas production. “We achieved something that we all thought might be impossible,” declared Oklahoma Gov. Mary Fallin (R) when she signed the tax legislation into law.

But some conservative activists are saying, “not so fast.”

Members of Oklahoma Taxpayers Unite, an anti-tax group, filed paperwork last week to get a veto referendum on the November ballot. The group has until July 18th to collect about 41,000 signatures. The new taxes to fund the salary increases are scheduled to go into effect on July 1, but there’s debate over whether those would need to be put on hold if activists collect enough ballot signatures before that date.

A representative from Oklahoma Taxpayers Unite did not return Rewire.News‘ request for comment, but a member of the group, Ronda Vuillemont-Smith, told Oklahoma’s local NBC affiliate that they “believe very much that teachers need a pay raise” and that her group’s ballot initiative is “not personal.” Vuillemont-Smith argued that legislators should conduct statewide audits to eliminate waste from agency budgets before raising taxes.

Ed Allen, president of the Oklahoma City American Federation of Teachers, told Rewire.News there’d be “no way” the referendum would pass if it were voted on today. “There’s zero chance, I’d put big money on that,” he said. But Allen acknowledged that “a lot of things could happen between now and November” as anti-tax groups start raising money and doing advertising. “It’s a shame that we have to spend some of our attention and resources on defeating this when we want to defeat those representatives who don’t lift a finger to help education,” he said.

The Oklahoma Education Association (OEA), the largest teacher union in the state, is also gearing up to fight the ballot initiative.

Lawyers for the union believe the salary increases are locked in, and the veto referendum addresses only a funding mechanism for those raises. But a provision in the teacher pay bill stipulates it will not become law unless items from the tax increase bill are enacted.

“There are probably going to be conflicting views on this,” an OEA attorney told the Associated Press. “At the end of the day we’ll need some determination, from either the courts or the attorney general.”

Educators did manage to stave off a separate challenge last week, defeating what some public education advocates were calling a Republican “revenge bill.”

Taking aim at a bill designed to protect children from abuse and neglect, Oklahoma state Rep. Todd Russ (R-Cordell) introduced a last-minute amendment to prevent school districts from automatically deducting union dues from teacher paychecks. Educators instead would need to make other arrangements to handle membership payments. Russ’s amendment would have also mandated that a majority of educators in each school district vote every five years on whether they want to keep their collective bargaining unit; if a majority did not vote in favor, the school district would be stripped of union representation.

Doug Folks, a spokesperson for OEA, told Rewire.News that teachers, police officers, firefighters, and state employees inundated legislators’ phone systems and “in about 18 hours, we were able to get enough promises of no votes that the [amendment] was never heard.” The bill, SB 1150, was approved by lawmakers without the anti-union provisions. It now awaits the governor’s approval.

It wasn’t the first time state Rep. Russ has introduced legislative language like that and union leaders say they would not be surprised if he tries again in the future. “He’s just union-busting,” said Allen. “Plain and simple.”

Rep. Russ did not return Rewire.News’ request for comment, but he told NewsOk that he was looking out to protect teacher fairness.

State Rep. Forrest Bennett, a first-term Democrat representing Oklahoma City, told Rewire.News he did view Russ’s amendment as strike retribution on the part of the GOP leadership.

“Those of my colleagues in the legislature who are frustrated with teachers and other education advocates are showing their true colors,” he said. “They’re saying they are frustrated with the ‘tactics’ of the teachers and the unions, but in reality I think they’re pretty sore from being exposed. For years, legislators have been able to go home to their constituents and claim they’re all for education. But teachers across the state learned that their legislators talk about better schools out of one side of their mouth and then advocate for tax cuts out of the other. We can’t fund core services like education while we cut, cut, cut.”

Betsy DeVos Is Helping Puerto Rico Re-Imagine Its Public School System. That Has People Worried.

Originally published in The Intercept on February 22, 2018.
—-
Puerto Rico, in the midst of the chaos and instability following Hurricane Maria, is moving quickly forward with plans to institute a wide swath of education reforms, with the help of the aggressively ideological federal education department, helmed by Education Secretary Betsy DeVos.

Puerto Rico’s governor and education secretary have expressed openness to the concerns raised by parents, teachers and community members, and stress they are not looking to implement an extreme version of privatization. Yet at the same time, they have stoked fears by pushing forward a notably vague charter law that does little to address what people are most worried about. This “trust us” mentality has not been helped by the engagement of DeVos, nor by Gov. Ricardo Rosselló’s recent visit to a notorious charter chain in Philadelphia last week — a prime example of the kind of low-performing, fiscally reckless charter that school advocates warn about.

At a time when the island is starved of investment and inching slowly through a storm recovery, many Puerto Ricans worry that the government is treating this more as an opportunity to disrupt education, rather than stabilize it — while also potentially opening the doors for supercharged corruption.

Puerto Rico’s public school system remains severely ravaged since Hurricane Maria, the Category 4 storm that tore through the island in late September. “The recovery has gone very slowly,” said Aida Díaz, president of the island’s 40,000-member teachers union, the Asociación de Maestros de Puerto Rico. “We still have hundreds of schools without electricity, internet, and many of our teachers and students are having classes just half-day.”

Rosselló delivered a televised address in early February announcing a package of educational reforms he’d like to bring to the island – including charters, vouchers for private schools, and the first pay increase for teachers in a decade. Puerto Rico teachers earn on average $27,000 a year, and would see increases of $1,500 under the governor’s proposal. “The current educational system does not respond to what is needed to train our students to succeed in a world that’s ever more competitive and complex,” Rosselló  declared.

Rosselló’s big announcement came on the heels of a separate plan he outlined in January, to close 305 of Puerto Rico’s 1,100 public schools. Rosselló said these closures would lead to an estimated $300 million in savings by 2022 – and by extension help the island recover from Maria and its long-term debt crisis. Puerto Rican citizens have long worried the government’s interest in shuttering schools would be a first step on the road to privatization.

While Rosselló’s televised address garnered a lot of national attention, little has been paid to the 136-page bill that was introduced several days later, and the vocal debate it has sparked within the territory.

Who helped craft the bill is not entirely clear.

Díaz, the teachers union president, told The Intercept that her members played absolutely no role in drafting the proposals. “They didn’t consider us, they didn’t invite us, we didn’t participate,” she said.

Todd Ziebarth, senior vice president for the National Alliance of Public Charter Schools, told The Intercept they “were not deeply involved in the bill drafting at all” but that they did have some conversations with people in Puerto Rico’s education department about charter legislation and how other states have handled certain issues. Ziebarth added that while his organization has not done a deep analysis of Puerto Rico’s bill, he thinks “it provides a good start for getting charters up and running.”

DeVos and her federal education department have certainly been involved. DeVos’s Deputy Assistant Secretary Jason Botel has been in “close communication” with Puerto Rico’s Education Secretary Julia Keleher for months since the storm, and in a blogpost published in January, Botelwrote, “We look forward to supporting students, educators and community members as they not only rebuild what’s been lost, but also improve, rethink and renew.”

In an interview with The Intercept, Keleher, Puerto Rico’s education secretary, said that a local law firm helped them craft the bill, two law firms from the mainland that had experience working with charter schools, and a team from the federal department of education. “We did have a series of technical assistance from the U.S education department,” she said. “They didn’t comment on the bill but they did help us think through it, and helped us define what we thought should be the final set of things to include.”

In November, Rosselló tweeted pictures of a meeting he and Keleher held with DeVos and her staff, noting they were “itemizing the areas that need the most attention in order to restore our education system.”

The Department of Education did not return The Intercept’s request for comment, but earlier this month DeVos told a group of reporters that she was very encouraged by Puerto Rico’s leadership for embracing school choice after the hurricane. She praised its approach for thoughtfully “meeting students needs … in a really concerted and individual way.”

In November, In the Public Interest, a research and policy organization focused on privatization and contracting, submitted a request under the Freedom of Information Act to the Department of Education requesting all communications between Jason Botel and Julia Keleher between July 1 and mid-November, and all emails sent or received by Botel during that period that mention charter schools or Puerto Rico. The Education Department confirmed receipt of the FOIA request a week later, and granted the group’s fee waiver request on January 12. Shar Habibi, the research and policy director at In The Public Interest, told The Intercept they’re still waiting to receive the records.

ONE CONTROVERSIAL ASPECT of Puerto Rico’s proposed legislation is its language to allow multiple charter school authorizers. Authorizers are entities – such as school districts, state commissions or nonprofits – that grant charter schools the right to exist. They are also then responsible for ensuring that the schools produce sufficient academic results and comply with relevant laws and regulations. If a school fails to do so, an authorizer is supposed to revoke the school’s charter and shut them down. The quality of charter school authorizing ranges widely throughout the United States.

Section 13.04 of the bill states that either Puerto Rico’s education department or a Puerto Rican university can authorize charter schools. This language has raised concerns that Puerto Rico will open the floodgates to many charter authorizers like in Michigan – a state that has earned a reputation for having notoriously lax charter oversight. The more there are, the easier it is for bad charters to shop around for an authorizer that will let them stay open.

Karega Rausch, the interim CEO of the National Association of Charter School Authorizers, told The Intercept that their group does not have a hard-and-fast rule, or even guiding data, on the number of authorizers a jurisdiction should have – but they have observed that the overall quality of a charter sector can be “diluted” in places with too many authorizers. (Places like D.C., New Jersey and Massachusetts have just one charter authorizer, while states like Michigan, Ohio and Minnesota have many.)

Keleher, Puerto Rico’s education secretary, said she expects the legislation to be amended to allow for just one authorizer. “I think we’d want to stay away from having two based on what we understand as effective practice,” she said. The island’s senate is still holding public hearings on the bill.

Multiple news outlets this month reported that Puerto Rico aims to start with 14 charter schools, two in each of the island’s seven provinces.

Keleher told The Intercept that this has never been a formal plan, and her off-the-cuff remarks were interpreted by the media as something she never intended. “People were asking me how many we would have, so I was trying to answer the question and suggested maybe two per region,” she said. “The next thing I know people are asking me where I’m going to get these 14 [charter] applications. I just said that number because two per region seemed reasonable to manage, so I thought it was a number that could help calm people down.”

Keleher says the department has no plans to do what New Orleans did following Hurricane Katrina, and that it should develop a formula to limit the number of charter schools in Puerto Rico. But, she said, that formula needs to be flexible and should be handled by education department after the law is passed. “If the schools are super successful and more people want them, we should allow that up to a point,” she said.

The proposed legislation would also allow for the creation of virtual charters in Puerto Rico – a particularly contentious type of online school, evenamong school choice supporters. (DeVos is a big proponent of virtual charters, and a former investor in them herself.)

Keleher acknowledged the concerns around virtual charters, but says she remains optimistic about their potential. “I’ve taught in online classrooms,” she said. “It requires discipline and fidelity, and it may not be right for everyone.” She emphasized the importance of providing “options,” which she said could help bring new infusions of funds to the island. “If you look at what the president is prioritizing in his new budget, there’s a lot of emphasis on educational options,” she said.

In general Keleher advocates for an approach that leaves the charter law fairly vague (or as she calls, it “flexible”) so that her department can then craft regulations as it sees fit.

“We don’t want the law to be so tied to the reality of today,” she said. “We want to make it function as a lever to get the [education] department to behave in a way that we will produce strong results.” She pointed out that their last education law was incredibly detailed, “but very poorly implemented” and so this time they tried to go in the opposite direction. “We want to be sure that the system is responsive, rather than every time you want to adjust your program you have to amend your law,” she said.

The idea of creating an ambiguous law understandably has not eased much anxiety amongst Puerto Rico residents concerned about the pitfalls of school choice.

Even Ziebarth of the National Alliance of Public Charter Schools says it’s better to put more into the charter law than less. “We tend to try to get as much into the law as we can, and while some decisions make sense left to regulation, I think if they have a chance to pass a strong charter law that’s better,” he said. “I think we know enough about what the fundamentals should look like – particularly around flexibility, accountability and funding – that they can put that in statute now and not go back later and deal with it.”

Ziebarth adds that especially if Puerto Rico is considering going down the road of virtual charter schools, the island should include their six policy recommendations. “They should definitely not repeat the mistakes that others have made in that area,” he said.

Vouchers for private schools are included in the education reform bill, but they would likely not be implemented until after charter schools get started. Keleher told The 74 that given their budget situation, “it’s not something we can execute right now for obvious reasons.”

In 1994, back when Rosselló’s father, Pedro Rosselló, was governor, Puerto Rico’s Supreme Court struck down a proposal to establish a school voucher program. Puerto Rico’s leadership believes a series of court decisions issued over the past two decades, including from the U.S. Supreme Court, have now paved the legal path for them to move forward with school vouchers.

A recent trip taken by Rosselló has exacerbated concerns that he is not seriously grappling with the risks of his proposed education reforms.

Last week he visited an ASPIRA charter school in Philadelphia, and tweeted out after his visit that it represents an “excellent charter school model.”

But just two months ago Philadelphia voted to close two ASPIRA charter schools for their low academic quality, as well as a host of financial scandals and mismanagement issues. For years there have been concerns that ASPIRA was self-dealing with public funds, and the situation was difficult to track because each ASPIRA charter is structured as an independent nonprofit, despite all sharing the same board of trustees through their parent organization. “It’s very difficult to follow the financial trail when there are so many complicated, connected entities, and money flowing throughout them,” said an official working in the Philadelphia School District official in 2014. A former accounts payable coordinator at ASPIRA also filed a federal whistle blower lawsuit in 2014, alleging that the charter operator misappropriated more than $1 million in federal funds. The employee charged that ASPIRA made “repeated false representations” to the U.S. and state Departments of Education “in an effort to defraud the United States of taxpayer dollars, under the guise of providing quality education to some of the nation’s neediest students.” ASPIRA dismissed the charges as politically motivated. Then in 2016 news emerged that ASPIRA’s CEO had paid a top employee $350,000 in a sexual harassment settlement. Another former senior employee filed a lawsuit claiming she had been wrongfully terminated for helping her colleague file that sexual harassment complaint.

Díaz, the teachers union president, told the Intercept that Rosselló has been unresponsive to their concerns.

Randi Weingarten, president of the American Federation of Teachers, said Puerto Rico’s governor should be ashamed of himself. “He pretends that he’s a Democratic governor, but his playbook on schools is right out of Trump and DeVos,” she told The Intercept. “He won’t even tell the people of Puerto Rico what he’s doing as he secretly travels to an ASPIRA charter for a tour.” Weingarten says his behavior is “just baffling” and “one wonders who he is listening to.”

Keleher, for her part, emphasized that she’s trying to be very transparent and accessible with Puerto Ricans to discuss the reforms. This week her department organized a forum and last week she met with parents from each region of the island.

“The governor appointed me and I am fully accountable to the people,” she said. “You can like my decision or not but I think I’m responsible for showing you how I got my decision, and at the end of the day I have to take the hit.”

Still, the education secretary’s engagement with the public hasn’t always gone smoothly. Last week during a union-sponsored Q&A, Keleher abruptly stormed outwhen one teacher said the education secretary should return when she’s more prepared to answer their questions.

“Before this bill we were working together, we understood each other, and we agreed on many things,” Díaz told The Intercept. “But right now communications are stopped, I don’t think [the government] wants to understand our point of view.”

Indeed the question of whether charter schools in Puerto Rico would be unionized remains an open one. The proposed legislation says nothing about it. Most states do not require charter teachers to be in unions – indeed being union-free is seen by many charter advocates as a key characteristic of the model – but a few states, including Maryland and Hawaii, require it.

Keleher told The Intercept that they are staying intentionally “silent on the union issue” though she’s “not adamantly opposed if in the context of Puerto Rico” unionized charters seem like the best way to do it. She said, though, that if charter school operators want to come and oppose doing so with a unionized staff, she “would also understand and respect that” and she’s “very much in a let’s-see-what-makes-the-most-sense” position.

The last time Puerto Rico passed major education reforms was in the 1990s, and some elements of the controversial bill have attracted support from union members. Aside from the $1,500 pay hikes, Díaz says her union also likes the new procedures outlined around making school budgeting more transparent, and creating regional education offices.

“But the rest of the bill is unacceptable to us, and we cannot support it,” she said. For now the Asociación de Maestros de Puerto Rico will continue mobilizing against the charter and voucher proposals, and Díaz said they are also going to start more vocally championing for public schools that provide robust wraparound social services.

“These kids and their parents have been traumatized,” said Weingarten. “Let’s try to create some stability in Puerto Rico after this terrible storm.”

St. Paul Companies Are Spending Their Tax Breaks on Super Bowl Sponsorships. Teachers Are Crying Foul.

Originally published in The Intercept on January 26, 2018.
———

With more than a million people headed to the Twin Cities over the next 10 days for the Super Bowl, local corporations, St. Paul school district officials, and civic leaders are bracing for what may be a public relations nightmare: the first teachers strike in St. Paul in over 70 years.

The St. Paul Federation of Teachers, nine months into its contract negotiation, authorized a strike vote for January 31. The move comes amid the union’s unconventional strategy of linking declining school funding to corporate tax cuts and narrowing in on local companies on the Super Bowl Host Committee as a potential source of funding for the cash-strapped school system.

The argument the teachers are making in their contract negotiations is straightforward. Cuts, they say, are not the answer. The school district’s financial situation can never really improve until corporations start paying their fair share. In particular, teachers are focusing on the companies that make up the founding sponsors of the Super Bowl Host Committee – companies the union says have avoided paying $300 million in state income taxes over the last five years alone.

The companies say they have made up for some of that with donations, but the generosity has limits. According to a public records request filed by the teachers union, only seven of the 25 Super Bowl Host Committee founding partners donated to the St. Paul public school district last year – for a total of $1.1 million. All 25 companies, by contrast, paid $1.5 million to be founding Super Bowl partners.

Nick Faber, president of the St. Paul Federation of Teachers, stressed that the 3,700 educators in his union do not want to go strike. What they do want, he said, is to see the school district commit to supporting changes to the state tax code, under which corporations have enjoyed massive breaks in recent decades.

Last March, the St. Paul Public Schools announced that it faced a $27 million budget deficit, necessitating staff and program cuts to a district that had already been slashing art, music, and gym, with nurses, librarians, and social workers in short supply. It’s a familiar, vicious cycle – the state reduces its funding for public schools, which also lose revenue when students leave for charters, and districts suffer even more cuts and budget strain.

Minneesota-executive-total-compensation-1516908237-e1516918770646-1024x623.jpg

December 2017 report: SACKED: How Corporations on the Super Bowl Host Committee Left Minnesota’s Public Schools Underfunded and Under Attack.
Chart: St. Paul Federation of Teachers

The wealthiest Minnesotans have seen their taxes decline over the last four decades. Back in 1977, they paid 18 percent in state income taxes. Over the next 36 years, the legislature reduced that top rate to 7.85 percent. In 2013, the state legislature bumped it back up to 9.5 percent, a move strongly opposed by the state’s influential business leader coalition. With the decline in income taxes has come a drop in real per-pupil state aid, which remains “significantly below” what districts received in 2003. While some of the major local corporations make voluntary philanthropic donations to public schools, the teachers union says those contributions have never come close to the amount the businesses have saved in reduced taxes.

Pupil-school-operating-aid-1516908240

Chart: North Star Policy Institute

To try and shift the conversation around public education, the St. Paul Federation of Teachers has been highlighting tax havens, loopholes, corporate subsidies, and executive compensation. For example, in a report it published in December, the union noted that 3M – a technology company headquartered in St. Paul – holds $1.4 billion in offshore tax havens, including in places like Hong Kong, Panama, and Switzerland. Likewise, the union said, UnitedHealth keeps over $700 million in overseas havens like Bermuda and the Cayman Islands, citing a 2017 report by the Institution on Taxation and Economic Policy.

Minnesota-income-tax-chart-1516908243-e1516918737197-1024x696.jpg

December 2017 report: SACKED: How Corporations on the Super Bowl Host Committee Left Minnesota’s Public Schools Underfunded and Under Attack.
 Chart: St. Paul Federation of Teachers

Kathryn Wegner, an education studies professor at Carleton College and a parent of a student who attends Groveland Park Elementary in St. Paul, has been active in supporting the union’s efforts to highlight corporate tax avoidance. She has joined teachers for rallies outside of banks downtown and been educating other families and community groups about the fiscal situation.

“At my kid’s school, we lost the kindergarten teacher aides, then a librarian, then the music teacher, and our four kindergarten classes went down to three, bumping up class sizes,” she told The Intercept. “Parents are getting upset and wondering how to make sense of it, and understanding the historical context around corporate tax rates has been really useful to grasp the disinvestment.”

The teachers union has been asking corporate leaders to meet with them since October, and finally last week, they had the chance to sit down with representatives from EcoLab and U.S. Bank. At those meetings, the union asked for the companies’ partnership in pressuring state lawmakers to adequately support public education – specifically the state’s unfunded special education mandates.

“They said no,” said Faber. “The only way the state could really close the gaps would be to tax them more.”

U.S Bank did not return The Intercept’s request for comment.

Mesa Denny, an Ecolab spokesperson, told The Intercept that the company does not consider the situation “to be a dispute,” and it is “merely trying to correct the inaccurate and untrue information” promulgated by the teachers union.

“Ecolab believes that strong public schools are vital to a healthy community, and that’s why we have supported the St. Paul Public School System for more than 30 years,” Denny said. “Over the last five years, the Ecolab Foundation has provided more than $3.6 million to the St. Paul Public Schools, supporting strategic imperatives outlined by the school district leadership. Given that we are headquartered in St. Paul and many of our headquarters employees live in St. Paul, we are happy to devote our foundation dollars to these efforts.”

But those donations, Faber said, are not enough to bridge the school funding gap that was created in part by tax cuts. “Given how much school funding has declined, philanthropy just can’t have a real transformative change when we’re so underfunded on a basic level,” he said. “We can’t just accept little grants from corporations; we have to start thinking differently.”

The teachers want the school district to join them in pressuring local corporations to pay more. So far, they say, district officials have refused. Laurin Cathey, human resources director for St. Paul Public Schools, did not return The Intercept’s request for comment.

To address the budget deficit, the school district has proposed that teachers agree to applying to “Q Comp” – a voluntary state program established in 2005 that theoretically could bring up to $9 million to St. Paul schools. But even if St. Paul did apply, the state already distributes all the money it has allocated for the program, so no money would flow to St. Paul unless the legislature decided to appropriate more money. And even if the state did bump up funding, 22 Minnesota charter schools and school districts are ahead of St. Paul in line for the money.

Tyler Livingston, acting director of school support at the Minnesota Department of Education, told The Intercept that St. Paul would not be allowed to jump ahead of the other districts waiting for money if it applied for Q Comp. “The law says explicitly that applications are treated in the order they’re received,” he said.

The union says it is not holding its breath that the state will increase Q Comp funding, especially not during an election year. “The money just isn’t there,” said Faber, “and even if it were, Minneapolis is a Q Comp district and they have a budget shortfall about the same as ours or greater, so obviously Q Comp isn’t going to really address this problem.”

In addition to corporations, the union wants to see wealthy nonprofits, like local colleges and hospitals, pay their fair share in taxes. According to St. Paul’s mayor, a third of the city’s properties are exempt from property tax.

One option is to establish a so-called Payment in Lieu of Taxes, or PILOT, program – something that exists in more than 200 cities, towns, school districts, and counties across 28 states. PILOTs are essentially initiatives to induce tax-exempt institutions to make voluntary payments to the cities in which they’re based. A civic task force formed last year to explore the idea and released a report in September, emphasizing that PILOTs “cannot – and should not – be viewed as a ‘solution’ to St. Paul’s significant budget gaps or long-term financial challenges.” A representative from Citizens League, the Twin Cities public policy group that published the report, did not return a request for comment.

“It’s really frustrating to our members that while HealthPartners” — a local health care provider and insurance company — “avoids taxes and doesn’t want to talk to us about PILOTs, they’re charging us through the roof for our health insurance,” said Faber.

The potential upcoming teachers strike would be the first since 1946, when the St. Paul Federation of Teachers went on strike for six weeks – the first organized teachers strike in U.S. history. The union also voted to strike in 1989, but ended up reaching a last-minute agreement that mooted the strike.

The St. Paul teachers union is considered among the most progressive teacher locals in the nation. Since 2013, it has joined with other progressive unions to organize under the banner of “Bargaining for the Common Good.” Inspired by the Chicago Teachers Union strike in 2012, unions like St. Paul’s have taken a different approach to their contract negotiations, partnering with local organizations to bring a wider range of community-oriented demands to the bargaining table.

Last spring, the union released a report to evaluate how much progress it had made toward reaching the goals it set for itself in 2013. While highlighting some real accomplishments — including reducing student-teacher ratios for low-income students and expanding full-day pre-K programming — the SPFT acknowledged that without more sources of revenue, it would be impossible to really tackle its agenda.

The report helped form the demands the union has since been pushing for in its contract negotiations. The union’s very first proposal is in line with its pre-Super Bowl campaign: a commitment from the school district to push major local corporations and nonprofits to increase revenue for St. Paul Public Schools and support “changes in state tax policy to make these contributions sustainable over time.”

“We’re hoping to see some movement from the school district so we don’t have to take the next step,” said Faber, meaning the strike. Faber says the district can continue to accept corporate charity, but it needs to push them to also “be better neighbors.”

That’s a very different kind of pressure, he said, “and that’s hard work, but I don’t think we have any other choice.”