As States Build Barriers to Racial Justice Teaching, Educators Fight Back

Originally published in Rethinking Schools on January 3, 2022.
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Heather Smith is a middle school technology teacher in Youngstown, Ohio. In late May she watched in horror as Republicans introduced House Bill 322, legislation that would restrict how educators like her could teach about racism.

“No teacher or school administrator . . . shall approve for use, make use of, or carry out standards, curricula, lesson plans, textbooks [or] instructional materials” that suggest “slavery and racism are anything other than deviations from, betrayals of, or failures to live up to the authentic founding principles of the United States,” the bill read.

Backed by national conservative organizations, more than 25 other states have introduced similar bills that would require educators to pare down or even eliminate their lessons around systemic racism. As of December, nine of those states — Idaho, Oklahoma, Tennessee, Texas, Iowa, New Hampshire, North Dakota, Arizona, and South Carolina — had enacted their bills into law. In other states, including Florida, Georgia, and Utah, state education boards have introduced guidelines and resolutions to restrict teaching about racism in schools.

The advent of legislation and rumblings of more to come have created an intimidating environment for educators, who already felt embattled after a year of pandemic teaching. Threats of legal retribution abound. In New Hampshire, the conservative group Moms for Liberty pledged in November to pay $500 to the first person who could catch a public school educator “breaking” their new state law. In December, Florida’s Republican Gov. Ron DeSantis introduced a bill to allow parents to sue school districts that teach lessons about race they object to.

In response to the new rules and guidelines, district administrators have started pulling books from school libraries and reconsidering what educators can permissibly say in their classrooms. In October, one Florida school district ordered the removal of a 5th-grade reading text that depicted a child and father attending a Black Lives Matter protest in Atlanta in 2020. The school district required it be replaced with a narrative that was similarly constructed but that took place in 1963 instead, during a Civil Rights Movement march. The contemporary anecdote “contained content that may be controversial and in conflict with [Florida Department of Education] requirements,” the school district wrote in a letter to parents. The problem with the text, in other words, was the suggestion that racism is not confined to the past.

Recognizing the danger this sort of censorship poses to students and society, teachers nationwide have been standing up to register their resistance and solidarity, organizing rallies, supporting school board candidates who reject these bills, and doubling down on their own efforts to learn and teach about race.

Pledging to “Teach Truth” Across the Country
When Smith heard about the national day of action educators were organizing on June 12 in response to these types of bills, she felt relief, and looked to find something local she could attend. But when she realized that no one was planning anything in Youngstown, she thought, “Well, why don’t I just try to do it myself?”

She reached out to Penny Wells, the director of the Mahoning Valley Sojourn to the Past, which takes high school students on immersion trips to southern Civil Rights Movement landmarks. The Zinn Education Project (coordinated by Rethinking Schools and Teaching for Change) had called for the day of action, and was encouraging organizers to hold events at the kinds of historic sites that teachers would have to lie about or omit entirely from their curriculum if the oppressive bills became law. So in Youngstown, Smith and Wells invited activists to gather at a local swimming pool that was segregated throughout the 1940s. At the rally, they explored the history of segregated pools and an Ohio State Board of Education member, despite what the state legislature was doing, read the board’s official resolution against racism and hate.

Smith is not alone in feeling the pull of action and responsibility. In Providence, Rhode Island, 3rd-grade teacher Lindsay Paiva felt worried as Republicans introduced House Bill 6070 in her state legislature — to ban teaching so-called “divisive topics” in public schools. Although the bill ultimately died in committee, conservative groups have continued to organize for its reintroduction. So when Paiva saw the call to action for educators in June, she too felt compelled to organize. They held their local rally at the DeWolf Tavern in Bristol, which formerly held enslaved people between auctions. Michael Rebne, a teacher in Kansas City, Kansas, heeded the call too, and with his chapter of Showing Up for Racial Justice helped organize a roughly three-mile march of educators from a historically Black high school to the Black Archives of Mid-America in Kansas City, Missouri. “We wanted our rally to be a message to push back against all the white parents and community members in the suburbs who have been protesting CRT [critical race theory] at school board meetings,” he explained.

Rebecca Coven and Ari Abraham, two Chicago educators, teamed up to plan a local rally in late August with the support of the Chicago Teachers Union. Their city has a strong community of anti-racist activists, and Illinois is doing far better than most states in encouraging inclusive curriculum. This past July, Democratic Gov. J. B. Pritzker signed the first law in the nation requiring public schools to teach Asian American history, and a month later he signed another bill to ensure that contributions of LGBTQ+ people are represented in classrooms. Still, Coven said, there is not always enough time and resources for educators looking to teach about systemic racism.

“In Chicago, what we wanted to do was stand in solidarity with fellow educators who live in states that are fighting bans on teaching truth, and we also wanted to create a community of educators here who are committed publicly to teaching truth and empowering our students,” Coven explained. They gathered together at the 1919 Chicago Race Riot marker, near where Eugene Williams, a Black teenager, was stoned to death by a white man while he was swimming in Lake Michigan. Coven herself made a pledge that day to not only teach the difficult parts of U.S. history, but also to teach more about joy and resistance among Black people, Indigenous communities, and other individuals of color. “Education can be a tool for liberation by centering our shared humanity,” she said. “But our schools don’t spend as much time as they should uplifting our students and the contributions of people who look like them.”

Like Coven and Abraham in Chicago, Lena Amick, a high school teacher in Maryland, also felt it was necessary to help organize an event in a blue state. “Not because there’s a huge threat of those anti-CRT laws happening in Maryland but because the rhetoric behind those laws is what’s dangerous in this area,” Amick said. “The rhetoric is just one more tool used to undermine public education and undercut teacher autonomy.” About 70 people attended her local Teach Truth rally, where they gathered near the historic East Towson neighborhood, a community founded by formerly enslaved peoples in the 1850s.

Fighting Back Against a History of Classroom Censorship
The contemporary wave of bills attacking teaching about systemic racism and so-called “divisive topics” is not, by any means, the first time that educators committed to social justice have had to battle efforts to censor content in the classroom.

Back in the 1930s, conservative groups like the Daughters of the American Revolution ginned up opposition to leading school textbooks that encouraged exploration of American racism, exploitation, and inequality. (Anti-capitalist critiques had grown more prevalent and pronounced following the stock market crash of 1929 and subsequent Great Depression.) In the 1950s, conservative groups like the American Legion and National Council for American Education targeted so-called “unpatriotic” textbooks and teachers, accusing educators throughout the McCarthy era of teaching students disloyalty. Fights around textbooks and appropriate curriculum grew even more contentious in the years following desegregation and the Civil Rights Movement.

But educators don’t have to look back decades to find antecedents to the most recent backlash. More recently has been the wars around ethnic studies, which sparked major resistance beginning in 2010, when conservative Arizona lawmakers banned the Mexican American ethnic studies program in Tucson public schools. (The Rethinking Schools publication Rethinking Columbus was one of the banned books.) The lawmakers claimed the program had “radicalized” and “indoctrinated” students. In fact, the objections to ethnic studies then sounded almost identical to critiques leveled at “critical race theory” today: that the curriculum makes white students feel bad about themselves, that the lessons are too focused on race, that the material should be taught only at the college level.

The Tucson ethnic studies program launched in 1998, and efforts to shut it down ended up galvanizing new efforts to promote similar programs across the country. In 2020, Democratic Gov. Gavin Newsom signed Assembly Bill 1010, which will require every public school student in California to take an ethnic studies course before graduating.

Momentum to diversify teaching, pursue equity initiatives, and push ethnic studies further accelerated during the Trump era, when immigrants faced heightened threats of deportation and the movement to end police brutality against Black Americans picked up steam.

Many teachers point to September 2020 as a turning point, when Trump attacked the New York Times’ 1619 Project, calling it a “crusade against American history” that “will destroy our country.” He kept up his public criticisms, and shortly before he left office in January 2021, he established a commission to counter the idea that “the United States is not an exceptional country but an evil one.”

Following his lead, state lawmakers began introducing their bills targeting educators last spring. More than 7,500 educators responded in turn by signing the Zinn Education Project’s Pledge to Teach the Truth. The pledge endorses Martin Luther King Jr.’s declaration that one has a moral responsibility to disobey unjust laws. Pledge signers also promise to “refuse to lie to young people about U.S. history and current events.”

Signing that pledge carried consequences for some teachers. The Daily Wire, a conservative news outlet, reported on the pledge and call for action, and numerous educators who signed publicly said they were subjected to harassment, intimidation, and physical threats. Other teachers and administrators have resigned or been threatened with firing over the last year due to their classroom lessons and public advocacy.

Jennifer Lee, a high school educator in Killeen, Texas, worked to support teachers in her state who faced threats from The Daily Wire’s attention. Lee spoke with educators facing retribution and encouraged them to contact the Texas State Teachers Association, her teacher organization and the state affiliate of the National Education Association. “One Texas teacher got a letter from her superintendent saying that they did not appreciate her signing the Teach Truth pledge, and so we talked through the process to join TSTA,” Lee said. The organization, as well as its parent union and the American Federation of Teachers, have all promised to defend educators who face punishment for doing their fundamental jobs.

Lee herself has also been organizing local rallies in defense of teaching un-sanitized history. She describes her community as “very Republican” and “passionate about certain kinds of history” — namely Confederate history. In her town of Killeen, there have been multiple protests dedicated to keeping Confederate statutes up.

Given this local context, Lee and her colleagues decided to organize a Teach Truth rally in front of their county courthouse, where a Confederate monument still stands on the lawn. Lee acknowledged that those in favor of Confederate memorabilia also use the “teach truth” language in their advocacy. “They would say they also want history to be taught but correctly,” she said. “Correctly to them means that you don’t bash slave owners.”

As summer break transitioned into the fall, some activist teachers acknowledged that the new school year brought about barriers to organizing against attacks on anti-racist teaching, especially as educators contended with new staff shortages and shoddy COVID-19 safety protocols.

“When our governor put a mask mandate ban in place — even as COVID cases were skyrocketing — our organizing energy shifted to that,” said Lee. Still, the group of Texas activists who came together over the summer to organize their rally has not dissolved. “We now have a Facebook page, we have Zoom meetings, a group text, and we can pivot again [after COVID-19] to other things,” Lee said.

Paiva, in Rhode Island, also said educators have had to slow their work down since the new school year started. “There’s a lot of school-based organizing that pops back up and union organizing also resumes,” she said. Amick in Maryland highlighted the additional barrier of burnout. “Our staffing shortage has forced us all into enormous stress this year,” she said. “When you literally do not have enough adults to put into the classrooms with the students, you start to lose valuable time and energy.”

Study Groups and School Boards
Yet another avenue educators have embraced to register their resistance has been through study groups. Teachers are joining new study groups and attending online classes and professional development focused on deepening their commitments to racial justice.

Rebne from Kansas is involved with one of the Zinn Education Project’s Teaching for Black Lives study groups, which explore anti-racist perspectives to teaching. His cohort is using the associated readings to plan the first Black Lives Matter Week of Action at their high school, organized in collaboration with student groups and the student council.

Rebne says his own learning has made him a more conscious educator during periods like Thanksgiving. “Even in physics class, we spend some time dispelling these myths and featuring Indigenous mathematicians and scientists,” he said, adding there’s also now a greater focus on connections between racism and the underrepresentation of people of color in STEM fields.

Amelia Haynes Wheeler, a former public school teacher who is now a graduate student in the Social Studies Education program at the University of Georgia, helped plan a new series of professional development modules this year for teachers called “Teach the Truth Thursdays.” The sessions consisted of eight weekly workshops hosted by the Athens Anti-Discrimination Movement, a civil rights nonprofit, and Haynes Wheeler helped design the curriculum. Their goal, she said, is to support classroom teachers “in whatever place they are in their journey to become anti-racist educators.” A similar series is being planned for the spring.

School board elections are another ripe domain for organizing. Earlier this year the 1776 Project PAC, a right-wing national group, formed to elect school board members who oppose critical race theory, racial justice teaching, and lessons that could make white students feel uncomfortable. Any endorsee from this group must agree to restore “honest, patriotic education that cultivates in our children a profound love for our country.” Rebne and his colleagues have been working to support school board challengers who reject these ideas, though it’s been something of an uphill climb. In November, seven of the 10 Kansas candidates the 1776 Project PAC backed won their elections.

In New York, Vanessa Spiegel has also been keeping her pulse on upcoming school board elections. Like many educators, Spiegel reflected during the pandemic about what role she could play in the movement for racial justice. “As a teacher in a New York City Title I school, it was easy to think I was doing enough just by showing up at work,” she said. “But I realized that I needed to be more affirming and purposeful in my efforts to fight racism.”

In her home community of Westchester, Spiegel began organizing other parents to counter the rhetoric coming from Save Our Schools for Westchester Children — a parent group formed to fight lessons about systemic racism. Spiegel is a founding member of Teach the Truth – Westchester, which helps mobilize parents to support diversity, equity, and inclusion initiatives in local schools. “In Westchester it really runs the gamut of very liberal and very conservative school districts, and I think I was living in a bubble before that these attacks [on anti-racist teaching] couldn’t happen here,” she said.

Pushing Forward for Students
Anthony Downer, a teacher in Atlanta, is optimistic about the future of educator and student organizing for racial justice, but acknowledged the consequences for teachers doing so right now are real. Downer, who emerged as a leader in his former school district in Gwinnett County, Georgia, advocating for initiatives like more culturally responsive courses, anti-racist professional development, and restorative justice training, was not invited back to teach this year. He’s happy now in Atlanta Public Schools but was discouraged by what he felt was the message the Gwinnett leadership sent.

“I’ve been hesitant to share my story because I don’t want educators to be scared off, and my story is the ultimate fear,” he said. “This is why teachers worry about getting involved. We need more assurances that we won’t lose our jobs.” Downer says he remains hopeful nonetheless, because “so many teachers are saying ‘I’m going to organize anyway, come hell or high water.’” Activists in Georgia are now looking to push local school boards to pass more job protections for educators like Downer, and they have their eyes long term on the state level to push new requirements around multicultural curriculum.

Georgia so far has not passed a law restricting the teaching of racism and other “divisive” topics, but Republican Gov. Brian Kemp urged the Georgia Department of Education to get involved. In response, in June 2021 the state board passed a non-binding resolution declaring that the United States and Georgia are not racist. The resolution also says students should not be taught that racism or slavery are anything but exceptions to the country’s “authentic founding principles” — language echoed in other statutes, including Ohio’s House Bill 322.

Haynes Wheeler said the Georgia resolution has had a chilling effect on her friends teaching in predominantly white, affluent school districts. “Though the resolution is not law, the discourse they’re hearing from administrators is very much emphasizing that so-called ‘neutrality’ is the gold standard for teaching,” she said. “Parents have a tremendous amount of influence and teachers are told no one should know their own political beliefs. All it would take is for one kid to go home and say a teacher made them feel uncomfortable and it then blow up and the teacher receive very little support.”

In other Georgia school districts though, Haynes Wheeler says there’s been “a doubling down” of teaching about racism in the face of the state resolution. Dawn Bolton, a middle school teacher in Decatur, is one such Georgia educator doubling down. She says even with the state board resolution, she’s not afraid to lead real conversations about racism in her classroom. “I feel fortunate that in the city schools of Decatur, we are given a certain amount of autonomy to teach the truth,” she said. “I know that’s a rarity, for teachers in other districts.”

A critical role Bolton sees for herself in this moment is helping young people learn how to effectively fight for their rights and for change. “It’s important to me to teach students how to identify issues and have the courage to address them in an intelligent and informed way,” she said. “Because this orbit of discrimination and inequity and racial bias is just picking up velocity — it’s just spiraling — and I think as adults we even sometimes forget that.”

Ultimately these efforts of resistance and solidarity by teachers are in the service of students, who see the daily battles around racism and history reflected in their own lives. Bolton and Downer both say they’ve noticed new energy in their classrooms, with students asking new kinds of urgent questions about race and equity. “Students are standing up independently of us educators,” said Downer.

Bolton’s goal, she stressed, is to let students know that adults are here to support them as they navigate an unjust world. “The thing is, we adults need them as well,” she said. “But students need to know they don’t have to stand alone.”

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Some Teachers Are Being Required To Come To School — To Teach Virtually

Originally published in The Intercept on August 28, 2020.
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KATHY ROKAKIS, a 62-year-old high school French teacher in Michigan, is dreading her return to school next week.

Students in her Wayne County school district — Plymouth-Canton Community Schools — were originally going to be given the option to return to in-person classes or do remote learning, but earlier this month her school board voted to start the school year 100 percent virtual. “A lot of teachers were really relieved for so many reasons,” said Rokakis.

But two days after the school board decided the district would go fully remote, Superintendent Monica Merritt announced that teachers would still be coming into school to teach children virtually. “There wasn’t anything that had been discussed, we were just told that’s how it would happen,” recalled Rokakis. “We were basically blindsided.”

In a letter sent last Friday to educators, Merritt defended her decision by saying, “We anticipate how hard it will be for many students to continue learning in a remote space when they miss their school community so much. It is with this lens, focused on what is best for our students, that has resulted in our expectation that our staff will teach remotely from their classrooms.” Merritt did not return requests for comment.

Teachers have continued to press administration for reasons the benefits of this arrangement outweigh the public health risks of coming into school during the coronavirus pandemic.

“The reasons have been ridiculous. One is so that students will be able to see their classrooms, so that when they come back face-to-face they’ll feel more comfortable,” said Rokakis. “Another is they say so we’ll have anything that we need accessible to us, and they keep using the scenario of if we have to do a science experiment. But I don’t teach science, and the things I need are very accessible to me here at home. And now I’m expected to teach French in a mask?”

In light of all this, some teachers in Plymouth-Canton have applied for family and medical leave to avoid going back, and others are retiring early, according to Rokakis. “If I could, I would, but I can’t because I carry the health insurance for my family,” she said. “I’m feeling very uncomfortable. To me, there needs to be more grace. This is not a normal time and people are trying their hardest.”

Across the country, as schools in some states have already reopened and others are planning to do so in the coming weeks, school districts and board members are grappling with and continually revising their back-to-school procedures. While many schools have opted to begin the year fully virtual given the risks presented by Covid-19, educators in some of those districts are still being required to teach from their classrooms. Even with requirements to wear masks, many teachers feel coming into school buildings is an unnecessary risk during the pandemic, for reasons including poor ventilation, slow coronavirus testing, and unreliable levels of personal protective equipment.

LATE LAST WEEK, Jeffrey Riley, the Massachusetts Commissioner of Elementary and Secondary Education, released guidance saying it’s the state’s “expectation” that all teachers and critical support staff will report to schools to teach each day if their district is doing remote learning. Reasons Riley listed included “provid[ing] more consistency” for students, more reliable internet access and faster IT support, making it easier to collaborate with colleagues, and making it easier for administrators “to monitor the level and amount of instruction students receive.”

The president of the Massachusetts Teachers Association, Merrie Najimy, released a blistering statement in response to the state’s recommendation, accusing Riley of having a “fundamental lack of trust” in teachers to do their jobs without being supervised.

“It is paternalistic and punitive and has no bearing on the quality of education that the real experts — the educators — provide so masterfully,” Najimy wrote, urging for districts to reject the state’s guidance. “Educators across the Commonwealth are focused on fully redesigning remote instruction to make it more effective, while pushing school districts and the state to make the changes needed to gradually return to in-person instruction. Commissioner Riley should be advocating for the resources that educators and districts need to achieve these goals rather than putting the thumbscrews to teachers to get them to return to school buildings before it is safe to do so.”

Scott McLennan, a spokesperson for the union, told The Intercept that districts and unions are still negotiating reopening plans, so they’re still “waiting to see how it plays out.” At least a few large school districts in the state, like Springfield and Worcester, have said they will not require teachers to come to school for remote instruction.

Joanna Plotz, an elementary ESL teacher in Chelsea, a city with among the highest rates of Covid-19 infections in the state, is hoping her union succeeds in blocking the recommendation. “In an ideal world I’d obviously love to be in a classroom, but it just doesn’t feel worth it,” said Plotz.

If teachers at Plotz’s school are required to return to school, Plotz would be sharing a classroom with another educator, who has a 3-year-old daughter. Many teachers would like the option to go in. “I might want to go in sometimes. I live in a 500-square-foot-apartment, and Sundays it might be good to go in and prepare things, but I’d only want to do it if the other teacher and her daughter wouldn’t be there,” said Plotz. “And I do have some coworkers who are going crazy at home. But the way [the state] is doing it just says, ‘We don’t trust teachers.’”

Reached for comment, Colleen Quinn, a spokesperson for Commissioner Riley, defended the guidance. “In remote scenarios, instruction from the classroom is the most effective educational environment,” she said.

IN OTHER PARTS of the country, some teachers are already back at school providing remote instruction to students at home.

Erin Taylor, a middle school teacher in Colorado Springs, Colorado, said she still has not received a real explanation from her district as to why educators have to be teaching remotely from their school buildings.

“As teachers we always have to have an answer when our students ask us, ‘Why do we have to learn this?’ and I have not heard any answer from the district,” said Taylor. “It feels like a lack of trust, a surveillance thing, and I would totally be open and love to hear how they arrived at this decision, even if I disagreed with it. But we haven’t even gotten that.”

Devra Ashby, a spokesperson for the school district told The Intercept that it is their goal “to provide a standard professional instructional delivery setting and enhanced teacher classroom performance” and that teachers “have the most resources at their fingertips when they are in their classrooms.” Ashby added that one-third of their students will be coming into the building for hybrid learning and that their standards for education have not changed. “We must deliver industry-standard instructions in a professional academic setting, which promotes student academic potential and achievement,” she said.

Taylor said there has been mixed messaging around masks. Colorado has a statewide mandate that says individuals must wear masks when inside public places, and she says her school district has also advised educators to wear masks at all times, but that policy is not being enforced at every school.

“I’ve been back at school for over two weeks now and I just see a lot of people not wearing masks even though that’s supposed to be the official policy,” she said. “I’ve walked past people where there are meetings going on and a bunch of people sitting around the table not wearing masks.”

Taylor, who spoke to The Intercept on the second day of the school year, said she’s trying to be empathetic but is worried about how unsafe she already feels.

“We always talk as teachers about how the beginning of the year is the time to reinforce routine and rules and make sure you’re being clear, because with kids, if you don’t enforce a rule at the beginning, it becomes really hard to get that [compliance] later on,” she said. “It just feels like, well, if we’re not all wearing masks on Day 2, then I don’t have much hope for the year.”

Shawntel Shirkey, a paraeducator in Wichita, Kansas, also has to come into her high school for remote instruction. Earlier this month, the Wichita school board approved in-person learning for elementary schools and remote learning for middle and high school students.

Shirkey thinks given the conservative political climate in Kansas, her school board “made the best decision I could hope for.” At least one teacher at her school has tested positive for Covid-19 so far, but she praised her school for at least giving all staff members cloth masks, ample amounts of sanitizer and disinfectant, and the option to get face shields. “The district itself is not being very forthcoming but I’m lucky that my principal is being transparent about if someone has tested positive,” Shirkey said. Like in Taylor’s school, masks mandates don’t always mean staff actually wears them.

Shirkey thinks it’s been “pretty split” among teachers about who wants to be providing remote instruction from school. “Some educators definitely see the irony of requiring teachers to come into buildings that the district has deemed unsafe for students,” she said. “But others just think the pandemic is ridiculous and as soon as the election is over, coronavirus is going to go away.”

Senate Bill Proposes Smaller Class Sizes for High-Poverty School Districts

Originally published in Next City on March 14, 2019.
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Following a year of teacher strikes where educators in West Virginia, Los Angeles, Denver and beyond called for wage increases and reduced class sizes, Sen. Jeff Merkley (D-OR) has introduced a new bill to incentivize smaller class sizes in kindergarten and first, second and third grades. The legislation, which would allocate $2 billion for competitive grant funding, primarily to high-poverty school districts in the United States, is co-sponsored by Democratic Sens. Kamala Harris (CA), Kirsten Gillibrand (NY), Elizabeth Warren (MA), Cory Booker (NJ) and Michael Bennet (CO). The bill is also endorsed by the American Federation of Teachers, the National Education Association, the National Parent Teacher Association, and First Focus Campaign for Children.

Merkley says his bill is not a direct response to the teacher uprisings, but rather a reaction after discovering his son’s surprisingly large first-grade class. “My memory of my first-grade class was there was about 20 kids in it,” he says. “When I saw my son’s class I thought, how is the teacher ever going to be able to do this with 34 5- and 6-year-olds? We are the wealthiest nation on earth and can afford to do better.”

Class size reduction has long been a popular policy among parents and educators, but in state and federal government, interest in the issue has waxed and waned over the last two decades.

To fund smaller class sizes, states and school districts have been able to use Title II-A money, which is an annual pot of federal funds available for teacher quality initiatives. In the early 2000s, 57 percent of all Title II-A funds indeed went for this purpose. But by 2015, just 25 percent of those dollars were going to class size reduction, with far more dollars now spent on things like professional development.

One reason cities and states began to turn away from class size reduction was basic purse-string tightening. Nineteen states began eliminating or loosening their class size limits following the 2008 recession to save money. But class size reduction also began to fall out of favor with policymakers and education wonks, as interest in alternative reform policies, like evaluating teachers based on student standardized test scores, ticked up.

Advocates for class size reduction as an evidenced-based reform point to studies showing a link between higher academic achievement and fewer students per class. The most reputable study, known as Project STAR, is from the mid-1980s, when researchers randomly assigned students and teachers in Tennessee elementary schools to classes with an average of 15 students or 23 students. The study found students in the smaller classes tested better, with the improvements particularly significant among disadvantaged children. Later research found that the smaller class sizes also increased the probability of attending college, with the effects more than twice as large among black students.

Other influential research has suggested that setting the class size cap below 20 students will yield the greatest benefits, and Merkley’s bill caps class size at 18.

Some experts object to class size reduction — arguing it’s a cover for district bloat, and less effective than other reforms for similar or even lesser costs. Prominent critics include journalist Malcolm Gladwell and former Education Secretary Arne Duncan. Others point to implementation challenges: In California, when the state legislature passed a $1.6 billion measure in 1996 to incentivize reduced class sizes in grades K-3, it was universally adopted very quickly. Researchers later found that the rapid statewide reduction in class size led to an influx of new, inexperienced teachers, and many teachers working in poorer schools in Los Angeles and Oakland left to fill the new vacancies in wealthier districts. While the researchers found that smaller classes boosted student achievement when all else was held equal, the rollout of the policy was tumultuous, and appeared to negatively impact some students and schools it was aimed to help.

Leonie Haimson, executive director of Class Size Matters, a nonprofit that advocates for smaller classes, says Merkley’s bill is “very important” and targets a major problem in public education. “As the teacher strikes reveal, and data shows, class sizes have increased across the country since the recession, and even though we’re a decade past that point, school budgets and class sizes still haven’t recovered,” she says. “Increases in class size have severely damaged the quality of education for all children in affected schools, but especially disadvantaged students and students of color, who see twice the benefit from smaller classes than the average student.”

Haimson praises Merkley’s bill for its requirement that districts report how smaller class size affects teacher retention and turnover rates, as well as student discipline and chronic absenteeism. Haimson says the bill could be improved by more explicitly defining how grant recipients should report the number of new teachers hired, how many new classes are added and by how much class sizes went down. “In the past, state and city audits have shown that at least half of the districtwide class size reduction that the New York City Department of Education claimed was a result of a state grant class size reduction program was due instead to falling enrollment,” she explains.

Regarding policy criticisms around class size reduction, Merkley says he agrees “other things need to be done” to improve schools, but he emphasizes his conversations with child experts lead him to believe that investments in smaller class size for the early grades can “make such a profound difference for everything that goes forward.”

Would he want smaller class sizes for middle and high school, too? While most studies have focused on K-3, conceivably fewer students per class would have an impact in more advanced courses as well.

“The studies we’ve looked at say K-3 is where it matters the most, but if we start here, we can evaluate the impact and decide,” he says. “If we do this right, evaluate it, and find out it doesn’t have an impact, then that will be information worth having and can change how we allocate our resources.”

Politicized By Trump, Teachers Threaten to Shake Up Red-State Politics

Originally published in The Intercept on April 17, 2018.
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THE TEACHERS STRIKES that have roiled red states across the country burst onto the national scene seemingly out of nowhere. But a closer look at the people who make up this movement reveals the distinct Trump-era nature of the uprising.

In the four states where teachers movements have erupted over the past few months — Arizona, West Virginia, Kentucky, and Oklahoma — educators and community members are encountering broadly similar circumstances. In all four states, residents are reacting to years of Republican-controlled legislatures, a decline in state funding for students and teachers, an expansion of private school vouchers and charter schools, and an increasingly galvanized electorate that is motivated by all sorts of other organizing efforts that have emerged since Donald Trump won the 2016 presidential election.

And while the ranks of the educators are stocked with progressives, the strikes would have flopped had they not been joined by conservative Republican teachers who are, in significant ways, manifestations of what Washington pundits have begun to believe are purely imaginary people outside of the Beltway: folks who remain ardently conservative but are rejecting the direction the party has taken in the White House, back home or both.

“This whole effort has helped shake people from a slumber, and more people are asking, ‘Well, how is my representative voting?’” said Noah Karvelis, a public school teacher in Phoenix and a #RedforEd organizer.“People are asking if they need to rethink their votes. On our Facebook page, we even have a lot conservative teachers writing about how frustrated they are with our Republican legislators.”

Adelina Clonts, an educator in Oklahoma for more than 20 years, marched with her ten-year-old daughter from Tulsa to her state capitol, more than a hundred miles, motivated by the chance to give her students with special needs a greater shot at life.

Clonts, a Republican, said when she arrived in Oklahoma City she was disappointed to learn what her legislators had been up to. “I physically went out there to do my own research, and I found out this was basically Republicans not wanting to do their jobs, not wanting to really represent us,” she said. “It really upset me because I’m an active political party person, and it just felt like they were not hearing us.”

Clonts said she and her colleagues are prepared to vote out both Republicans and Democrats. “Everyone wants these problems fixed, and the question for our leaders is, are you trying to do something about it?”

Another Tulsa-area teacher, Cyndi Ralston, went from the sidelines to the protest and now to the campaign trail, running to take on her incumbent state representative after his viral rant against the teachers.

Were it not for Trump, it might not be happening. Kathy Hoffman, who is in her fifth year of teaching in Arizona public schools, decided to run for state superintendent after watching Betsy DeVos’s shambolic Senate confirmation hearing. “That was really the tipping point, the day it hit me [that] we really need more educators to run,” she told The Intercept. “I’m sick of people who never taught in schools leading them, and that’s also what we have in Arizona.”

Over the past year and a half, Hoffman has marched for science, for women, for DREAMers, for gun control, and, she said, for “everything.” Most recently, she’s been rallying with the newly formed #RedForEd movement, a grass-roots effort in Arizona to better fund public schools.

Edwina Howard-Jack, a high school English teacher in Upshur County, West Virginia, has spent the past 18 years in the classroom. When West Virginia teachers walked off their jobs in late February, Howard-Jack made the two-hour drive to her state Capitol on eight of the nine strike days to protest in solidarity. “The labor organizing went right along with what I was already doing,” she explained, calling the election of Trump “a wake-up call” for her. Howard-Jack marched for women in January 2017, and, soon after, decided to found an Indivisible chapter in her hometown. “There have just been so many people who were apathetic before, but now want to get involved, and the teachers strike took it all to a whole new level,” she said.

Sarah Gump, a 33-year-old teacher in Kentucky, has taught for six years in the public school system. About two years ago, she got involved with Save Our Schools Kentucky, a grass-roots effort to protest the entrance of charters into their state. (Kentucky became the 44th state to allow the formation of charter schools in 2017.) This year, as Gump has taken some time off to care for her young daughter, she’s continued to organize for public education, but has also gotten more involved with the BlueGrass Activist Alliance, a hybrid Indivisible and Together We Will chapter.

In West Virginia, educators who went on strike won a 5 percent pay raise, the first pay increase in four years. In Oklahoma, teachers won raises of about $6,000, and more in education spending, though most of their other strike demands were not met. Last week in Arizona, after more than 1,000 schools participated in a statewide “walk-in” to call for more education money, Republican Gov. Doug Ducey announced that he could give teachers a 19 percent pay increase by 2020. Ducey’s offer revealed the pressure he faced to avoid a full-blown teachers strike, but so far, educators have voiced skepticism about the governor’s proposal. And in Kentucky, where teachers have been protesting pension and education cuts, activists convinced their legislators this weekend to halt spending on new charter schools through June 2020.

AS THE FOUR teachers movements all progress at different speeds — though summer vacation looms ahead for them all — educators and activists say they are under no illusion that the battles will end with the school year. Leaders have been urging for more attention to be paid to the upcoming midterm elections. “We’ll remember in November” has become the teachers’ rallying cry and warning to politicians.

The teachers in West Virginia are happy because they won this fight, but they know it’s not over,” said Richard Ojeda, a progressive state senator running for West Virginia’s 3rd Congressional District seat. “If you talk to any teacher out there, they’ll tell you 5 percent is not enough, and they’re absolutely planning on removing these people in our state leadership who fought their efforts.”

“Teachers are definitely getting more engaged in the upcoming election,” said Howard-Jack. “They’re really looking at who supports unions, who supports education, and our Indivisible chapter is the same. We’re holding candidate forums, endorsing candidates, writing op-eds. I haven’t seen anything like this energy in the past.”

In a statement released Thursday, Alicia Priest, president of the Oklahoma Education Association, declared that as classes resume, educators “must turn our attention towards the election season. Instead of making our case at the steps of the Capitol, we have the opportunity to make our voices heard at the ballot box. The state didn’t find itself in this school funding crisis overnight. We got here by electing the wrong people to office. No more. … This fight is not over just because the school bell rings once more and our members walk back into schools. We have created a movement and there’s no stopping us now.”

Liberals across the country are hoping for a massive “blue wave” this November. In deep red states, progressives are similarly hopeful, but they are also trying to temper expectations and promote some more modest electoral objectives.

“Our goal is balance,” said Anna Langthorn, chair of the Oklahoma Democratic Party, in a recent interview with The Oklahoman“We know that when our legislature is balanced, when our statewide offices are balanced, that we see more moderate governance and more effective governance, and so that’s what we’re aiming for. We want to break the supermajority in the House. … We want to win the governor’s race. And we want to pick up some seats in the Senate, too. The exact number may not be more than 10 in each house, but we saw that having 28 [Democratic] members made a real difference in budget negotiations, and if we can get to 34 members, that would make an even bigger difference.”

Christine Porter Marsh, a first-time candidate for office in Arizona and the state’s 2016 Teacher of the Year, says she also hopes her candidacy can bring some balance to her state’s red-leaning legislature.

“The Democrats are only two seats down from creating a tie in the Arizona Senate, and in our state, there is no tiebreaker,” she explained. “A tie loses. The seat I’m running for, against an incumbent Republican, is the most purple one in our state. If we can create a tie in the senate, not even a majority, it will be a game-changer for Arizona, because then everyone at the Capitol will have to negotiate compromises, and, to me, that is really motivating.”

Marsh, who has taught for 26 years in the classroom, says she decided to run for office after realizing a little less than a year ago that her lobbying efforts at the state Capitol just weren’t having much of an effect. “My generation of teachers, the ones who have been in it for a long time, we kind of dropped the ball,” she told The Intercept. “We were too focused on staying within the walls of our own classroom — which is so noble and wonderful and that’s what kids deserve — but so many years of doing that has created the situation in which we find ourselves, where students are directly and indirectly harmed by these bad policies.”

John Waldron, who has spent the past 20 years teaching high school social studies in Tulsa, Oklahoma, ran for office for the first time in 2016. He says his race was motivated by what he felt were terrible anti-education policies coming out of his state’s legislature. Waldron lost his race, but he feels more optimistic this time around, not only because he has increased name recognition, but also because of how much more progressive organizing there’s been in his state since Trump took office.

“Our county party has been revitalized as people got back into politics after the 2016 election, and I think if there was a Democrat in the White House, the mood in Oklahoma would be very different,” he told The Intercept. “With Trump, a lot of people who would be voting are staying home out of frustration, and a lot of people who would not be so active are now being quite active.”

Waldron knows his state is conservative, but says his legislature leans even more conservative than its voters, due to special interests funding far-right candidates in uncompetitive districts. While he doesn’t really expect a blue wave that wholly flips his state’s political balance this November, he says he’s optimistic about a decade-long process where voters “move the conversation from the far right, where it is now — where politicians want to arm teachers and to get government out of everything except a woman’s uterus — back to the center.”

According to Waldron, the highly covered Oklahoma teachers strike has “given a lot of oxygen” to his political campaign, because voters, he says, are now well familiar with the demands and frustrations of educators across the state. He says he’s been offering mentorship to other first-time teacher candidates running in Oklahoma.

“I think most of us would rather stay in the classroom, but what we’ve learned from the Oklahoma experience is that teaching is a political act,” said Waldron. “I think us teachers feel ready to handle the legislature, because we deal with teen-aged kids all the time.”

In Kentucky, 40 educators have also recently filed to run for office, organizing under the banner of A Few Good Women (And Men). David Allen, former Kentucky Education Association president, told The Intercept that the majority of these educator candidates are classroom teachers, but some work in higher education, and some have retired. “It’s a statewide kind of movement, if you will,” he said. “I’ve been pleased. We’re nothing without public education. Nothing.”

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.
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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.

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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.

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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.

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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.”

The Untold History of Charter Schools

Originally published in Democracy Journal on April 27, 2017.
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Despite the controversy over their very existence, there isn’t much disagreement over how charter schools came to be. For over 25 years, charter supporters and opponents alike have settled on a straightforward creation story, one defined by a single irresistible irony: Charters were first and foremost the brainchild of teachers’ unions, the very same groups that would become the schools’ greatest foes.

The story goes something like this. In 1988, Albert Shanker, legendary president of the American Federation of Teachers (AFT), gave a speech at the National Press Club where he outlined his vision for a new kind of publicly funded, independently managed school. He called them “charters” and saw them as educational laboratories, where teachers could try out new pedagogical approaches. By empowering teachers to experiment with their craft, charters could serve as R&D spaces for new and better practices that could then be transferred back into traditional public schools. In a New York Times column published later that year, Shanker carried his ideas to the wider public.

Shanker said his piece, policymakers heard him and acted, and the rest—the explosion of charters, the debates over unionization and privatization, the constant experimentation with the form and structure of public schools—is history.

Today, this story has been weaponized by every side in the endless war over education reform. The Shanker speech, it turns out, is useful no matter where you stand on charter schools.

Many supporters use it to argue that charters are, ultimately, a progressive and student-friendly idea—but one abandoned by self-interested latter-day union leaders. Reform proponents like Nina Rees, president and CEO of the National Alliance for Public Charter Schools have defended the charter sector against union attacks by lifting up that Shanker “conceptualized” them. “Union leaders haven’t always been adamantly anti-charter,” Rees wrote last year in The Wall Street Journal. “[AFT President Randi] Weingarten’s former boss and mentor Al Shanker is actually credited with proposing charter schools.” “Here’s a fact,” wrote Laura Waters, a vocal charter advocate. “If Albert Shanker were alive today, he’d still be an education reformer and would support NJ’s efforts to expand school choice for poor urban students.” When a ballot measure to expand charter schools in Massachusetts struggled to find votes on the left, David Osborne, a centrist Democrat, penned a column to gin up progressive support. “Al Shanker gave a speech and wrote a column advocating charters,” Osborne said. “Needless to say, Shanker was no Republican.”

For their part, teacher unions and reform skeptics invoke the same origin story as evidence that they do support school choice and innovation, just teacher-led, unionized, mom-and-pop forms of it. They tell it as a story of an idea stolen and betrayed, drawing a contrast between good charters—those described by Shanker—and what the schools have become today. Supposedly, the creator of charters watched with horror as his idea was “hijacked” by conservatives, profiteers, and privatizers. As described in his biography, Tough Liberal, written by the Century Foundation’s senior fellow Richard Kahlenberg, Shanker “became quite exercised” by state laws written to allow for-profit corporations to enter the charter school sector. Shanker grew worried that charters might actually promote segregation, undermine public education, and be used as tools to destroy unions. By the mid-1990s, Kahlenberg writes, “Albert Shanker largely repudiated a major reform he had helped launch.”

AFT president Randi Weingarten likes to remind audiences that Shanker was one of the first proponents of charter schooling, but that unfortunately some “have shifted the intent of charters from incubating ideas and sharing successes to competing for market share and taxpayer dollars.” Unions are quick to point out that, in Shanker’s mind, charters would employ unionized teachers, would have union representatives on charter authorizing boards, and all charter proposals would include plans for “faculty decision-making.”

There’s only one problem with the idea that charters started with Shanker and his speech: It’s almost completely wrong.

Shanker didn’t invent the concept of charters. He wasn’t part of the long-running campaign to popularize them. His significant contribution was the term “charter school”—except he used it to describe a very different, loosely related idea.

Oh, and he didn’t invent that term, either.

The truth is that the modern fight over education reform has changed less than the people fighting would have us believe. Who invented charter schools? The same groups, it turns out, that are charters’ strongest backers today: business-oriented moderates and technocrats, focused on deregulation, disruption, and the hope of injecting free market dogmas into the public sector. Charters do have a founding father—but he’s a quintessentially neoliberal “policy entrepreneur” who has mostly kept his name out of the history books. The major principles undergirding charter schooling—choice, deregulation, and so-called accountability—had already attracted significant attention long before 1988, and proposals to break up the “monopoly” of school districts had been building for more than a decade. If Shanker helped usher some of these ideas into the limelight, the truth is that those ideas’ backers had many other roads into the inner circles of government—even if some of those roads had not yet been taken.

Progressives have always occupied an uneasy role in the charter movement—one that’s unlikely to get any easier so long as Donald Trump’s Administration remains the nation’s most powerful promoter of school choice. The untold history of charter schools shows why this is: Progressive reformers are stuck fighting against the tide in a campaign that has, from the start, looked at public institutions, labor, and government with a wary eye.

The real origin story of charters isn’t about unions gone astray or progressivism betrayed by reformers. It’s the story of the Third Way in public schools. And it begins, of all places, in Minnesota.

In the 1970s, deregulation was the name of the game. Efforts to deregulate major sectors of government took root under Ford and Carter, and continued to escalate throughout the 1980s under Reagan. From banking and energy to airlines and transportation, liberals and conservatives both worked to promote deregulatory initiatives spanning vast sectors of public policy.

Schools were not immune. Since at least the late 1970s, political leaders in Minnesota had been discussing ways to reduce direct public control of schools. A private school voucher bill died in the Minnesota legislature in 1977, and Minnesota’s Republican governor Al Quie, elected in 1979, was a vocal advocate for school choice.

Two prominent organizations were critical in advancing school deregulation in the state. One was the Minnesota Business Partnership, comprised of CEOs from the state’s largest private corporations; another was the Citizens League, a powerful, centrist Twin Cities policy group. When the League spoke, the legislature listened—and often enacted its proposals into law. In 1982 the Citizens League issued a report endorsing private school vouchers on the grounds that consumer choice could foster competition and improvement without increasing state spending, and backed a voucher bill in the legislature in 1983. The Business Partnership published its own report in 1984 calling for “profound structural change” in schooling, with recommendations for increased choice, deregulation, statewide testing, and accountability. The organized CEOs would play a major role throughout the 1980s lobbying for K-12 reform, as part of a broader agenda to limit taxes and state spending.

Efforts to tinker with public schooling took on greater urgency in 1983, when Ronald Reagan’s National Commission on Excellence in Education released its report, A Nation At Risk. This influential (though empirically flawed) document panicked political leaders across the country. Among other things, the report concluded that American public schools were failing—“eroded by a rising tide of mediocrity”—with ill-prepared teachers and low-quality standards. Its authors tied the country’s economy and national security to the supposedly poor performance of U.S. public schools, and Reagan capitalized on the alarm. His narrative fit snugly within the larger Cold War panic, and as in Minnesota, national business leaders were happy to promote this new movement.

School choice was not specifically mentioned in A Nation at Risk, though Governor Quie, who was then serving as a member on the National Commission, tried to get such recommendations included. But reformers didn’t have to wait long for a national endorsement. In 1986, the National Governors Association, chaired by Tennessee’s Republican governor Lamar Alexander, backed school choice in its Time for Results report.

Back in Minnesota, Rudy Perpich, a member of the Democratic–Farmer–Labor Party, was elected as governor for his second non-consecutive term in 1983. (He had first served from 1976-1979.) During the four years that Quie governed Minnesota, Perpich worked on a global business committee for a supercomputer firm, and returned to government deeply shaped by his corporate experience.

Ember Reichgott Junge, the state senator who would author Minnesota’s—and the nation’s—first charter school bill, described Perpich’s role bluntly: “According to the history books, Minnesota DFL governor Rudy Perpich had nothing to do with passage of chartering legislation. In reality, he had everything to do with it.”

Junge traces this history in Zero Chance of Passage, her first-person account of legislating charter schools, published in 2012. Junge says Perpich was greatly troubled by A Nation at Risk, and thought increasing competition among schools would be a constructive response. As such, in 1985, with Republicans in control of the legislature, Perpich recommended two school choice proposals: postsecondary enrollment options (PSEO), to allow high school juniors and seniors to attend nonsectarian public and private colleges, and open enrollment, to allow parents to send their children to schools anywhere in the state. PSEO passed in 1985, and open enrollment in 1987.

1987 was also the year that the Citizens League waded back into the subject, publishing a report calling for “cooperatively-managed schools”—where teachers could participate in the operational decisions of their workplace. The thinking was this could help drive more distinctive schools—because school choice would mean little without varied options to choose from. The Citizens League’s description of cooperatively managed schools is strikingly similar to modern-day charters. Teachers would be “held accountable” for student achievement, and the schools would “have flexibility to function differently from the schools we know today, from different uses of personnel and technology to different work hours.”

In the midst of this policy ferment came the famous—or infamous—1988 Al Shanker National Press Club speech. The AFT was in a precarious spot. Public support for organized labor was wavering. Ronald Reagan was still in office, and had earned a reputation as one of the most anti-union presidents in American history, in part by firing more than 11,000 striking air traffic controllers.

Shanker thought part of the path toward saving public education was coopting the forces attacking it. He controversially endorsed aspects of A Nation at Risk, embracing its ideas about higher standards, teacher accountability, and “restructuring.” He wanted a seat at the reform table, and leaned into the idea of “professionalizing” teachers to bring his members along. Shanker felt educators needed to not be seen as obstructionist, and the years following A Nation at Risk marked a massive shift away from the blue-collar unionism that had previously defined the AFT. In 2011, Louise Sundin, who was president of the Minneapolis Federation of Teachers in 1984, said that Shanker’s agenda following A Nation at Risk “was a pretty screeching U-Turn” for the union, “and still is [today] a difficult one for a lot of our members and a lot of our leaders.”

When Shanker gave his charter speech, he fused his ideas about restructuring and teacher professionalization with the growing popularity of school choice. He got the idea (and the name “charter”) from a little-known educator in Massachusetts, Ray Budde, who proposed the idea of school boards issuing charters directly to teachers to create new departments or programs. Budde presented his ideas at an academic conference in 1974, but they received little notice. Budde decided to try republishing his ideas in book-form in the years following A Nation at Risk, and sent it around widely in early 1988. It landed, among other places, on Shanker’s desk.

As Kahlenberg notes in Tough Liberal, a focus on restructuring appealed to Shanker politically. Pressure had been mounting throughout the 1980s to lengthen the school day and school year, to vie with America’s competitors in other industrialized nations. But this idea was deeply unpopular with union members. “The re-structuring focus allowed Shanker to argue that a longer school day or school year was not worth the extra expense,” Kahlenberg writes. Charters offered Shanker a useful alternative.

Shanker wasn’t even the first noteworthy public figure to call for reorganizing public schools. In the late 1960s sociologist Kenneth Clark, whose work helped form the basis of the Brown v. Board of Education decision, advocated for alternative public school systems run by institutions ranging from universities to the Department of Defense.

And once Shanker put his ideas forward, many ascribed to him far more power to shape the charter movement than he ever had, or even tried to have. Shanker’s endorsement was certainly politically valuable to reformers, but most had long had their own agendas. Ultimately he was just one of many people clamoring to define what direction school reform should take.

In fact, if charter schools can be attributed to any single person, it’s certainly not Shanker, Budde, or even Clark. It’s Ted Kolderie, a Minnesota “policy entrepreneur” and one-time Citizen’s League director who spent much of the 1970s, ’80s, and ’90s in the middle of discussions over school reform. His influence can be traced to almost every corner of the charter movement’s development, and unlike Shanker and the others, he remained dedicated to building and promoting the idea through decades of effort. Throughout the 1970s—through an initiative known as Public Service Options (PSO)—Kolderie’s group researched and advocated for different ways to provide government services, including education. As early as 1972 Citizens League published a report calling for “new arrangements”—namely with more choice and contracting. By 1981, Kolderie and a leader of the Minnesota Business Partnership launched Public School Incentives, a PSO successor focused exclusively on education.

One of Kolderie’s central ideas was to “end the exclusive franchise” of school districts providing public education. In several reports, he described the decline of public education as the direct consequence of public districts’ monopolistic power over schooling. His proposal: independent schools, accountable to parents through free market choice, and to the government through a set of contractual obligations. He specified that many different types of entities—universities, corporations, public school districts, nonprofits—should be able to manage these new schools, state law permitting.

This was a remarkably complete vision of the modern charter school, quirks and all.

So why do most people credit Albert Shanker with creating charters, and not Kolderie, who had been developing the concept for nearly two decades longer? One reason is because Kolderie liked it that way.

“To know Kolderie is to know someone of extraordinary vision, who often thinks light-years ahead, but still gently prods others along to where he wants them to go,” wrote Junge in Zero Chance of Passage. “Kolderie was a master at creating, refining, and redirecting ideas. He never would publicly ‘own’ any ideas, and ways to improve those ideas always presented themselves. He nurtured ideas and connected the dots for others.”

Kolderie seems to have understood that Shanker’s very different vision was a useful vehicle for his own ideas. In October 1988, the Minneapolis Foundation hosted its 14th annual Itasca Seminar, a summit for Twin Cities political and business leaders, and the year’s theme was public education. Shanker was invited to speak, and he took the opportunity to expound on charter schooling. His speech complemented the mix of school choice and independent school proposals that had been bouncing around Minnesota for quite some time.

Shanker wasn’t the only person to give a choice-oriented speech at that summit. Other speakers included Joe Nathan, a Twin Cities education reformer who personally worked with Lamar Alexander in the early 1980s to shape the school choice recommendations in the National Governors Association (NGA)’s Time For Results report. At the Itasca Seminar, Nathan would emphasize the need for greater school deregulation in exchange for “results.”

Two months later the Citizens League would issue yet another report, concluding with a strong and specific recommendation that the state legislature allow for the creation of “chartered” schools.

With Junge’s help, Minnesota would pass the nation’s first charter law three years later. Kolderie and Junge like to credit Shanker for helping to shape their ideas, but the final legislation appeared to be in response to the Citizen’s Leagues recommendations—and more than anything else, reflected Kolderie’s own vision of independent, contractually authorized schools.

In the end, Shanker’s comments on the law he was supposedly instrumental in creating were limited. Though Minnesota’s teachers unions fought the law’s passage, Shanker chose not to speak out during the legislative debates.

“I wish the architects of the bill had worked out the collective bargaining issues with the teachers unions,” Shanker told Kolderie, two months after it passed.

Although conservatives led the way in for pushing education reform in the 1980s, centrist liberals jumped on board in the early 1990s. In 1989 when the Democratic Leadership Council (DLC) named Bill Clinton as its chairman, it also founded its own think tank—the Progressive Policy Institute. Kolderie met PPI’s president in 1990, and was invited to write one of its first policy papers about school choice. Kolderie was happy to bring his ideas about “withdrawing the exclusive [monopoly]” of school districts to the Third Way. Bill Clinton embraced Kolderie’s proposals as he traveled around the country making speeches that year, even though he knew it was vexing teachers unions. (“It is almost impossible for us to get President Clinton to stop endorsing [charters] in all his speeches,” Shanker would later complain.)

1990 was also when Wisconsin’s Republican governor Tommy Thompson signed the nation’s first private school voucher program, and when John Chubb and Terry Moe published Politics, Markets, and America’s Schools, an influential Brookings Institution book that called for school deregulation, market competition, and parental choice.

The “New Democrats” saw charters as a way to seem proactive on education policy, offer an alternative to private school vouchers, and avoid catering to the “More Money Dem” crowd, as DLC’s co-founder, Will Marshall, put it. For liberals who sought to weaken their party’s relationships with “special interest groups” like teachers unions, charters were a boon.

At the DLC’s national convention in May of 1991, Bill Clinton and DLC delegates would endorse an education agenda that included, among other things, school choice, accountability, and Kolderie’s idea, which the DLC explained as “giving entities other than school districts” the chance to operate public schools. Even in this early stage, the agenda followed Kolderie’s market-oriented vision, not Shanker’s union-oriented one.

Democrats’ endorsement of charters did little to dampen conservative enthusiasm for the idea. Indeed, Kolderie continued to serve as a trusted education advisor for David Durenberger, Minnesota’s Republican senator, who became an early federal champion for charter schooling.

At its outset, the real power in the charter coalition was what might be termed the “technocratic centrists”: business leaders, moderate Republicans, and DLC members looking for Third Way solutions that couldn’t be labeled big-government liberalism. While charters have drawn praise from other quarters—for instance, some educators and progressive activists see them as tools for racial and economic justice—these groups have never formed the heart of charters’ power base.

It hasn’t always been easy to hold the bipartisan charter coalition together, and fairly stark philosophical divisions have been bubbling to the surface over the past few years concerning what the movement’s priorities should be going forward. The election of Donald Trump, and his appointment of GOP billionaire donor Betsy DeVos as Education Secretary, has plunged the charter movement into an even deeper crisis of identity.

Progressive and centrist charter leaders have so far been trying to walk the line between pushing back on the President’s far-right politics and remaining reserved, lest useful opportunities for bipartisan cooperation arise. But grassroots pressure for more aggressive opposition has been mounting.

Other parts of the coalition are moving in the opposite direction. The stocks on for-profit charters have spiked significantly since the election, with industry leaders anticipating a friendly new political landscape for what some in the reform coalition see as low-quality schools. In New York City, Success Academy CEO Eva Moskowitz has emerged, to the chagrin of many liberals, as one of Trump’s most prominent charter defenders. (Some of Success Academy’s largest benefactors include major Trump donors such as John Paulson and Robert Mercer.)

Today, 43 states and the District of Columbia have charters, educating nearly three million students. Whether charter supporters can maintain the movement’s bipartisan backing while receiving support from a deeply unpopular President who promises to be “the nation’s biggest cheerleader for school choice” remains an open, and dicey, question.

The mythological origin story of charter schools—the Shanker myth—has served an important role in keeping the charter coalition together. The idea that charters come from unions lends a certain weight-of-history inevitability to school reform. It suggests that everyone has agreed that change must come, and the only question is from who, and what it’ll look like in the end.

Besides, on some level, the dramatically compelling nature of the story—unions creating their own greatest antagonist—keeps people from digging deeper. As a writer, it’s easy to want to believe it. This author would know, having once subscribed to it herself.

But the Shanker tale may have also helped undermine progressive school choice advocates, who find themselves chasing a vision that has never played a major role in the inner circles of school reform. Most charters are more segregatedthan traditional public schools, are non-union, and when charter educators do mount union campaigns, they almost always face tremendous opposition. If the promise of unionized, integrated, teacher-centered charters has proven devilishly difficult to fulfill, it may be, in part, because the movement’s leaders never took it very seriously to begin with.

The Shanker myth also leaves those who support traditional public schooling, in its original form, stranded in a political no man’s land. And right now, those people are in the fight of their lives, looking for firmer footing. More broadly, the Democratic Party has grown wary of the Third Way policies of the 1990s, suspecting they provide little defense against a resurgent right. As the charter coalition enters a new, treacherous era, the consensus history of charter schools may at last meet some resistance.

D.C. Charter Teachers Seek to Unionize

Originally published in The American Prospect on February 22, 2017.
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This morning, teachers at Paul Public Charter School, one of the oldest charters in Washington, D.C., publicly announced their intent to unionize—a first for charter schoolteachers in the nation’s capital. As in other cities where charter teachers have formed unions, the Paul educators are forming their own local—the District of Columbia Alliance of Charter Teachers and Staff (DC ACTS)—which will be affiliated with the American Federation of Teachers. 75 percent of Paul’s teaching staff signed a petition in support of joining DC ACTS, and asked administrators to voluntarily recognize their union.

The Center for Education Reform estimates that 10 percent of charter schools are unionized nationally, up from seven percent in 2012. As more and more charter teachers have launched organizing efforts, the absence of charter unions in Washington, D.C., has been notable—particularly given the city’s high density of charter schools. There are 118 charters—run by 65 nonprofits—within D.C., educating 44 percent of the city’s public school students.

Patricia Sanabria, a high school English and special education teacher at Paul, is excited about unionizing with her colleagues. Born and raised in Washington, D.C., Sanabria is a product of D.C. public schools, and spent two years teaching at Ballou High School, a traditional public school in one of the poorest parts of the city, before coming to her charter.

When she first started working at Paul—which educates about 700 students from grades 6-12—Sanabria felt very supported by the staff, which was much smaller than Ballou’s. “It felt more like a family, I felt a lot more at home,” she says. But over the past three years, that feeling has waned, and this year has been especially frustrating.

“When I first got here, the teacher in the classroom next to mine told me that charter schools are ‘teacher factories’, and it’s very true,” Sanabria says. “They keep giving us things to do, and they don’t take into account how much time that adds to our work day. I would say I’m pretty routinely here for 10 hours or more a day, and that’s just not something you see in other professions, and certainly if you do see it, people are compensated for it.”

Sanabria thinks the working conditions negatively impact her school’s special education program, and she hopes a union can help improve it. “Part of that is linked to teacher retention and the hiring of teachers,” she explains. “I think [Paul] is not a very attractive one for special educators, who often have multiple degrees, because we don’t offer competitive salaries. If I had stayed working for DCPS I would be making more than $10,000 a year more than I am now as a fifth-year teacher.”

Two things happened last year which helped precipitate the union effort.

The first is that administrators brought in a consultant at the start of the 2015-16 school year to launch a committee with teachers dedicated to discussing school improvements. After a series of meetings, teachers submitted a list of proposals to their administration, including such recommendations as more transparent staff evaluations, caps on class sizes, and increased time for teacher planning. But the suggestions went nowhere.

“Soft diplomacy has been tried,” says Dave Koenig, a government and history teacher at Paul, and the first person at his charter to reach out to the AFT.

“Nothing really came out of the consultant committee, nothing substantial, no major changes,” adds Katrina Foster, a special education coordinator who has been working at Paul for seven years. “So the union was just kind of the next step, [we] organically moved into starting this movement.”

Paul teachers also grew frustrated at the end of last year when the high school’s popular principal did not have her contract renewed. Educators say they were given no clear explanation for her firing, and the teachers rallied together for the principal’s reinstatement. Their efforts, too,  went nowhere. For teachers like Koenig, that was the last straw.

“In my time here I’ve seen people who are really good, dedicated teachers shown the door because they have personality conflicts with someone above them. I’ve also seen really good people leave on their own because they feel underappreciated or overworked to the point of developing [a] nervous breakdown,” says Koenig. “I don’t want that to continue to happen. I want the staff to be stable and happy, and I think a union is part of how we get there.”

“I don’t think the union is for any one particular thing, but mainly to support staff, to give teachers a voice, and recourse,” says Foster.

Representatives from Paul Public Charter were not available for immediate comment.

Two key factors have inhibited charter organizing in Washington, D.C.

Charter teachers in cities such as Chicago, Philadelphia, and New Orleans—where successful charter unions have taken root—have had the benefit of receiving help from their state teachers union. When charter teachers have just begun trying to launch a brand new local off the ground, state affiliates have provided them with valuable transitional support and bargaining staff. No such intermediate body exists for the District of Columbia.

The Washington Teachers Union, D.C.’s traditional public school teachers union, has also been particularly embattled in recent years. In 2007, the city hired a controversial schools chancellor, Michelle Rhee, who was empowered to make decisions largely without school board or city council approval. As charter schools expanded throughout the city, Rhee proceeded to fire hundreds of teachers from traditional public schools, and regularly engaged in high-profile fights with the WTU.

Rhee left in 2010, but the union has since struggled to find its footing and regain power. Its current president, Elizabeth Davis, was elected in 2013, and has spent the majority of her tenure trying to negotiate a new collective bargaining agreement. Teachers have been working under a contract that expired back in 2012, and haven’t had a base-level salary increase since then.

In an interview with The American Prospect, Davis says she’s always been interested in helping to support charter school organizing, and that her members are interested in it, too. “The first three years of my presidency just ended up being far more than I anticipated,” she says, in reference to the contract negotiations that have commanded the union’s attention and resources.

“But our union is going to support charter teachers organizing in any way we can,” Davis said. “We want teachers, irrespective of what schools they teach in, public or charter, to have a union.”

Paul charter teachers say they’re looking forward to forming DC ACTS, rather than joining the 4,000-member WTU, because it will allow them to build something from the ground up. “I think being in our own local, and such a small unit, is going to allow us the freedom to be creative and innovative in terms of what we negotiate for,” says Koenig.

Paul’s educators plan to organize under the jurisdiction of the National Labor Relations Board. Last summer, the NLRB issued a pair of decisions which said that charter school teachers are private employees who fall under the federal labor board’s purview. Even before the NLRB ruling, D.C.’s public employees’ labor board, which covers teachers and other staff in traditional public schools, had excluded charters from its purview.

If Paul Public Charter School administrators do not voluntarily recognize their teachers’ union, and challenge the NLRB’s jurisdiction should the staff then move for an election, the administration would effectively be saying that D.C. charter school teachers should have no formal rights under any labor board—public or private. Union opponents may see an opportunity to overturn the NLRB’s charter rulings in the Trump administration, given that Trump has named Philip Miscimarra as the board’s new acting chairman. Miscimarra was the sole dissenting voice in the 2016 charter school decisions, and argues that charter labor law should be left to state and local regulators.

Across the country, charter administrators and board members have generally fought union efforts, insisting that collective bargaining agreements would inhibit charter school success and flexibility. Gina Mahony, the former vice president for government relations for the National Alliance of Public Charter Schools, a group that strongly discourages charter unionization, sits on the Paul Public Charter School’s board of trustees.

While Koenig says improving Paul is his top priority, he’s also hopeful that starting DC ACTS could spark broader change within D.C.’s charter school sector.

“This has always been partially political for me,” he says. “Problems we face at Paul are also problems in other charter and public schools. A really disturbing theme in education today is how teachers are treated so poorly, so that the good ones are pushed out, and automatons are brought in who are willing to simply teach skills for standardized tests. I think teachers unions are our only way to fight back against things like that, and unions in general are very important to fight back against a changing economy that crushes working people.”

Fining Teachers for Switching Schools

Originally published in The American Prospect on November 3, 2016.
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Last month, the Massachusetts Teachers Association reported on the story of Matthew Kowalski, a high school history and economics teacher who received a $6,087 bill over the summer from his former employer—a suburban charter school in Malden, Massachusetts. Kowalski had worked at the Mystic Valley Regional Charter School for seven years, but with three young children and another one on the way, he said he wanted to find a teaching job that would offer something more stable than at-will employment.

Mystic Valley now seeks to collect thousands of dollars in “liquidated damages” for Kowalski’s departure. Every spring, the charter school requires its employees to sign one-year contracts for the following school year, but since many new teaching positions don’t open up until May, June, and July, this puts teachers in a tough position if they want to consider looking for alternative jobs. Kowalski signed Mystic Valley’s 2016-2017 contract in April, got a job offer from a traditional public school in May, and gave the charter written and verbal notice by May 20. Mystic Valley then hired Kowalski’s replacement, whom Kowalski trained. Two months later, his $6,000 bill arrived. It didn’t take long for Kowalski to learn there were others who had faced a similar fate. MTA Today reported on another teacher who had worked at Mystic Valley for four years, who was billed $4,900 in “damages” for giving notice over the summer.

As MTA’s legal division worked to help the former Mystic Valley teacher fight these charges, Kowalski’s attorney stumbled upon something surprising: Mystic Valley employment contracts included non-compete provisions, prohibiting teachers from working in any public or private school in any of the six “sending districts” near the charter school. Though charters are often framed as a way to induce competition into American schools, non-compete agreements—which have grown increasingly common in the private sector—make clear that some charter employers don’t believe that schools should compete for teaching talent. Nor is it clear that the agreements are even legal, or enforceable.

Just how common contracts like these actually are remains a mystery, but they’re not just limited to Mystic Valley.In 2015, the Akron Beacon Journal found that Summit Academy Schools, the largest charter network in Ohio, sued nearly 50 former teachers in a three-year period for leaving for other jobs. Summit Academy schools have non-compete provisions in their employment contracts.

“Summit Academy’s legal team filed [lawsuits] against as many as eight [former teachers] at a time,” the Akron Beacon Journal reported. One such teacher was Joel Kovitch, who quit in 2013 to take a higher-paying position. He gave his notice one month into summer vacation, and thought there’d be plenty of time to replace him. He ended up paying Summit Academy $1,200 after growing tired of fighting the legal battle.

The American Prospect also reviewed an employment contract for a charter school within the Constellation Schools network, another Ohio charter chain with 17 campuses throughout the state. The contract requires teachers to work for one year, to have no expectation for employment beyond that, and to pay their school $2,000 in liquidated damages if they terminate their employment at any time before their contract expires. The Constellation contract says this is not a “penalty” for leaving, but an acknowledgment that the employer “has expended considerable time and effort recruiting and/or retaining and training you to ensure you are prepared for your position, and … that such a disruption to the educational process is difficult if not impossible to calculate.”

In other words, teachers can’t expect to stay more than one year, but if they leave before one year is over, then they will need to pay their school two grand. Constellation Schools did not return request for comment.

Teachers who work at Ozark Montessori Academy, a charter school in Arkansas, also have to sign non-competes, agreeing to not “directly or indirectly … solicit, induce, recruit, or cause another person in their employ of Employer to terminate his/her employment for the purpose of joining, associating, or becoming employed with any business or activity which is in competition with Ozark Education, Inc.” The agreement lasts for two years after the teacher leaves the school, and it applies “in any area in which Employer plans to solicit or conduct business.” Charter teachers at Ozark are also required to sign confidentiality agreements that they will not directly or indirectly disclose “trade secrets” which are “used by Employer and give it an opportunity to obtain an advantage over competitors who do not know those trade secrets.”

The American Prospect contacted Ozark to inquire about their employment contract, and in regards to their non-compete requirement, a school representative said, “We pay for our teachers’ Montessori training, and since that’s such a big expense for us, we wanted in [the contract] that we’re not going to pay for a teacher’s training and then they go quit and work for someone else.”

The American Prospect reviewed a contract for another charter school in Washington, D.C., that, in addition to having a one-year non-compete provision and requiring teachers to keep “trade secrets” confidential during and after employment—including information related to the school’s “academic policies and strategies”—also requires teachers to not “create, or appear to create, a conflict of interest with Employee’s loyalty to or duties for” the school, “including, but not limited to, providing any tutoring for hire.”

This charter school also requires teachers to agree to mandatory arbitration—a process that involves waiving away your right to sue for grievances, or to contest the terms of the contract itself. The provision requires teachers to waive their rights accorded them by worker protection, civil-rights, and anti-discrimination acts, as follows:

The parties agree that … any dispute (“Dispute”) between the parties arising out of or relating to the Employee’s employment, or to the negotiation, execution, performance or termination of this Agreement or the Employee’s employment, including, but not limited to, any claim arising out of this Agreement, claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, Section 1981 of the Civil Rights Act of 1966, as amended, the Family Medical Leave Act, the Employee Retirement Income Security Act, and any similar federal, state or local law, statute, regulation, or any common law doctrine, whether that dispute arises during or after employment shall be resolved by final, binding, and non-appealable arbitration by one arbitrator in the Washington, D.C. metropolitan area, in accordance with the National Employment Arbitration Rules of the American Arbitration Association, as modified by the provisions of this Article.

The Covenant Keepers Charter School in Little Rock, Arkansas, requires its teachers to not disclose “trade secrets” and to agree to not work for any “business or activity in competition with the charter school” for two years after leaving, in “any area in which the Employer currently solicits or conducts business, and/or any area in which an Employer plans to solicit or conduct business.” The teacher also has to agree to pay liquidated damages in the amount of “$100,000 plus court costs, litigation expenses, and actual and reasonable attorneys’ fees” if the non-compete or confidentiality agreement is breached.

No one has sought to tally how many charter schools include non-compete agreements in their contracts. Schools certainly don’t publicize them; it often requires individual teachers coming forward to alert the public to their existence. A Gainesville, Florida, elementary school teacher wrote on a legal advice forum asking whether the non-compete agreement she signed at her charter school was enforceable. A teacher at the Pennsylvania Virtual Charter School confirmed to The American Prospect that they too must sign non-compete agreements.

The Prospect reached out to the National Association of Public Charter Schools to inquire if the group promoted any kind of model charter employment contract, or if there are any provisions they specifically discourage charter schools from adopting. Vanessa Descalzi, a senior communications manager, says her group had never heard of other charter schools with practices like suing departed teachers for liquidated damages, or including non-compete, or forced-arbitration clauses.

The revelation of such provisions in charter school contracts comes at a time when the Obama administration and the National Labor Relations Board have begun to crack down on overly broad confidentiality agreements, mandatory arbitrations, and non-compete clauses. The White House says 20 percent of American workers are bound by non-compete agreements, and just last week urged state legislatures and policymakers to ban them for certain categories of workers, particularly those unlikely to possess real trade secrets.

The Economic Policy Institute says survey evidence reveals that many workers have no idea they are bound by non-compete agreements, with fewer than one in five employees consulting an attorney before signing, and only about one in ten attempting to negotiate the terms of their agreement. And as Economic Policy Institute vice president Ross Eisenbrey notes, even when workers know about the clauses, it’s a choice “between taking a job and not taking it in a tough labor market that favors employers.”

Even if such provisions are one day banned by legislatures or nullified by the courts, their current inclusion within charter employment contracts may be enough to deter teachers from taking the legal risk of moving on to a different school. This may be what the employers are counting on.

Why Subsidizing Teacher Housing with Tax Credits Is Bad Policy

Originally published in The American Prospect on October 24, 2016.
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Late last month California Governor Jerry Brown signed the Teacher Housing Act of 2016—a bill (as its preamble states) that will “facilitate the acquisition, construction, rehabilitation, and preservation of affordable housing restricted to teachers and school district employees.” Critically, the legislation allows California to use its federal Low Income Housing Tax Credits (LIHTC) to finance teacher housing—making it the first state in the country to do so.

The law has been sold as a win-win for everyone, and certainly on its face, it sounds appealing. There’s broad recognition that housing is increasingly expensive —especially in exorbitantly pricey cities like San Francisco. Americans strongly support their public school teachers—77 percent say they continue to “trust and have confidence” in them. Moreover, California is grappling with teacher shortages, and champions of the new law believe that providing housing assistance could help attract and retain quality educators, strengthening local communities to boot.

But make no mistake: There are some real losers here.

The LIHTC was established as part of the Tax Reform Act of 1986, and today it is the country’s largest federal program to support place-based, affordable rental housing. The Internal Revenue Service runs it, but individual states get considerable freedom to decide how to distribute their tax credits, so long as they meet federal requirements. One such requirement is that units must target households earning 60 percent or less of the area median income.

This 60 percent threshold is notably higher than other federal affordable housing programs, like Section 8 vouchers and public housing. While LIHTC units built in high-poverty neighborhoods house extremely poor tenants, plenty aren’t built there, which is why tax-credit tenants tend to have higher incomes than recipients of other federal rental assistance programs.

Given that federal housing subsidies are in limited supply, the allocation of tax credits to fund teacher housing merits more scrutiny that it’s received.

“The low-income housing tax credit is meant for single mothers who didn’t graduate from high school, not those people with college degrees and masters degrees,” says Keren Horn, an economist at University of Massachusetts Boston who studies the LIHTC. “Tax credits are targeted at 60 percent of AMI, and if teachers in your metropolitan area are earning less than that, I think the answer is you have to raise their income.”

And then of course, how do we justify giving housing subsidies to some public workers but not others? Why subsidize teachers’ housing but not nurses’? Or trash collectors’?

“It’s a bad idea, and it gets people competing with each other over who is the most oppressed,” says Peter Dreier, an urban policy professor at Occidental College. “A lot of colleges provide housing subsidies for their employees, and if an employer wants to do that as a benefit, or something negotiated through collective bargaining—sure. But the government shouldn’t be in that business.”

Nationally, nearly 20 million renter households have incomes low enough to qualify for federal subsidies, but fewer than one out of four of these households receive anything at all. The Center on Budget and Policy Priorities reports that the number of unassisted renters with “worst case” housing needs—meaning they pay more than half of their incomes for housing, or live in severely substandard conditions—rose by 30 percent between 2007 and 2013.

These trends hold broadly true in California as well. In 2016, more than 1,590,000 poor California households paid more than half their incomes on rent, a 28 percent increase from before the recession. The budget for public housing in the state shrank by more than $56 million between 2010 and 2014. More than 113,000 Californians live in shelters, or on the streets.

California’s new teacher housing law does not make more money available for developers of affordable housing; it allows developers to amend the list of eligible recipients. The result is potentially fewer resources available for deeply impoverished families.

The law also carries racial implications. During the 2014-2015 school year, 65 percent of California public school teachers were white; four percent were black, and 19 percent were Hispanic. By contrast, a 2012 HUD report says that roughly 56 percent of the residents in California’s tax credit units were black or Hispanic, and only 28 percent were white. It’s realistic to worry that this new law will facilitate the transfer of resources away from poor people of color to (oft-struggling) middle-class white professionals.

The federal government used to prohibit states from awarding LIHTC to specific occupations. There’s an IRS rule that all residential units have to be available for “general public use.”

But in 2008, as Congress was working on a new housing bill in the wake of the housing market collapse, a group of developers who build housing for artists successfully lobbied for a “general use” exemption. Since then, LIHTC-funded housing complexes restricted specifically for artists have increased considerably.

In May, the Prospect covered a new report on these artist housing complexes, which were found to have far whiter and comparatively more affluent tenants than one typically finds in LIHTC projects. Coining these developments “Politically Opportune Subsidized Housing”—or POSH—the report’s authors noted that such projects carry great political appeal, since using tax credits to support redevelopment and urban revitalization—in this case, supporting the arts—is far less divisive than building new housing for poor black and Latino families.

Myron Orfield, the director of the Institute of Metropolitan Opportunity, which published the artist housing report, says teacher housing feels an awful lot like artist housing. (In fact, California’s new teacher housing law was passed precisely to legislate the same kind of statutory exemption that Congress carved out for artists in 2008.)

Orfield also notes the lucrative opportunities these projects offer developers, who often struggle to use affordable housing tax credits in more affluent communities. The prospects for LIHTC construction in suburban areas become much more favorable if the developments would go towards housing middle-class public school teachers, who are disproportionately white.

“If you build housing in whiter, suburban neighborhoods, those projects would be worth more to the developer, they would appreciate faster, and there also would be more incentives for developers to turn the units into market-rate rentals as fast as they can,” says Orfield. “There’s nothing wrong with wanting to build higher-value housing, but what you should do is build true affordable housing for low-income people, instead of taking a political short cut by making it only for teachers.”

The teacher housing idea is already spreading to other states, including areas that do not face acute struggles to afford housing. In Baltimore, where some teacher housing developments recently cropped up, developers say they built it not because affordable housing was hard to find, but because they wanted to reward educators with “Class-A apartments.” In Newark, developers touted the urban revitalization potential of teacher housing. Others say teacher housing will lead to stronger relationships between students and educators, fortifying communities more broadly.

It’s worth noting that while a growing number of researchers have explored how housing instability negatively impacts student achievement, there is no real evidence that says teachers living in the same school district where they work improves public education, student-teacher relationships, or local communities. And as The Learning Policy Institute, a Palo Alto-based education think tank noted last month, housing incentive programs have never even been studied to determine if they’re effective at recruiting or retaining teachers. (An LA Times investigation found that local teachers earned too much to even qualify for the affordable housing complexes the Los Angeles Unified School District recently built for its educators.) Plus, while research does suggest that teacher turnover negatively affects student learning, plenty of workers take on longer commutes in exchange for higher salaries.

Evidence of a national teacher housing crisis is also thin: A report issued last month by the National Housing Conference found that high school teachers earning median wages could rent a two-bedroom home in 94 percent of the 210 metro areas they studied, and teachers could purchase a median-price home in 62 percent of the metro areas. The report did not even take into account whether the teacher had a second income-earner in their household, suggesting the homeownership statistics are likely much higher.

Rather than carve out exceptions for certain jobs, Dreier says his state must tackle the housing crisis afflicting all middle class Californians, which means building more permanently affordable mixed-income housing, and protecting and preserving the affordable housing that already exists. In an era of tight resources, the public must find ways to prioritize supports for the most disadvantaged families, while also identifying new ways to improve the lives of the middle class. That’s the only real win-win.

 

California’s Ed Reform Wars

Originally published in The American Prospect on August 2nd, 2016.
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This past April, the California Court of Appeals unanimously struck down the controversial Vergara v. California decision, in which a Los Angeles County Superior Court judge ruled that five longstanding teacher protections—including a two-year probationary period for new teachers and a layoff system based on how many years one’s been teaching—violated students’ constitutional right to an equal education. The lower court judge had argued that these labor protections make it harder to fire bad teachers, and bad teachers significantly undermine a child’s education. In a 3-0 decision, the appellate judges concluded that the labor protections themselves are not responsible for harming students, even if school administrators sometimes implement them injudiciously.

Students Matter, a nonprofit backed by Silicon Valley entrepreneur David Welch that’s representing the Vergara plaintiffs, has filed an appeal to California’s Supreme Court. Their supporters argue that children pay the price for such job protections as teacher tenure and seniority. They also point to research that suggests making it easier to fire teachers has positive effects on student achievement. Critics counter that the real problems students face—particularly low-income students of color—are not teacher job protections, but their under-resourced, highly segregated schools that fail to attract and retain high-quality educators. At a time when states like California face real teacher shortages, they say, the focus on firing teachers is misplaced at best.

Since the lower court’s Vergara ruling two years ago, similar suits challenging teacher job protections have been filed in New York and Minnesota.

While David Welch and his allies remain committed to waging legal battles against tenure, seniority, and other job protections, they are also pushing for statutory changes via the California legislature. Following the original Vergara decision, Republican lawmakers introduced a package of three bills to extend the time it would take a teacher to earn tenure, to repeal the “last-in, first-out” statute that makes layoff decisions based on seniority, and to establish an annual teacher evaluation system. These bills, however, got nowhere in the Democratic-controlled statehouse.

“I think the Vergara decision helped increase public demand for improvements in our education system, but I always think it’s better when we can make policy changes through the legislature rather than the court system,” says Assemblywoman Kristin Olsen, the Republican who sponsored the teacher evaluation bill.

Back during the original Vergara trial, unions and some education experts also argued against making policy changes through the courts. A spokesperson for the California Teachers Association told The Wall Street Journal that legislators were already looking at ways to amend the contested laws, and Randi Weingarten, the president of the American Federation of Teachers, said that extending the time it takes to get tenure in California is a legitimate idea, but that such changes should be done through the political process, not the judiciary.

Today, however, local unions are fighting back against attempts to change employment laws through the legislature. California is one of just five states that grants teachers tenure after two years—32 states require a three-year probationary period, and nine states require four or five years. And, as critics are quick to point out, the reality is that California administrators must file paperwork for tenure status after a teacher has been working for just 15 to 18 months if they’re to meet state deadlines. Even those who are very supportive of teacher tenure feel lengthening the amount of time it takes to earn it makes sense. Before granting genuine job security, they say, make sure it’s for an individual you’d really want in front of students for the long haul.

But the California Teachers Association and the California Federation of Teachers have both strongly opposed bills aimed at modifying tenure, even legislation from which their adversaries have withdrawn support. While the final outcome of the Vergara case remains to be seen, the unions’ firm stance against reform could help prompt tenure opponents to mount an initiative campaign—a routine occurrence in California politics. That may not bode well for the unions: A 2015 poll of registered California voters found that most respondents think teachers in their state receive tenure too quickly, and that seniority should count less during the layoff process. If changes to tenure and seniority were to come before the voters, there are decent odds that such a measure would pass.

The concept of teacher tenure in American public education, as Dana Goldstein documents in her book The Teacher Wars, was an idea originally imported from Germany. Progressive-era reformers saw that giving teachers more job security was often a good way to incentivize people to join the low-paid profession. Tenure also made it harder to fire teachers, which consequently made it more difficult for the urban political machines that then dominated cities to dole out teaching jobs as political favors.

Though teachers unions have existed in the U.S. for a long time, the idea of collective bargaining didn’t take off until the second half of the 20th century, as membership in teachers unions grew, and public sector unionism gained strength more broadly. The first teachers union to win collective bargaining rights was New York City’s United Federation of Teachers in 1963, and by the end of the 1970s, after a series of labor strikes across the country, 72 percent of public school teachers were covered under collective bargaining agreements.

As a result, teacher tenure in unionized school districts means being covered under a “just cause” provision in a collective bargaining agreement. In a non-unionized workplace, employees can be fired simply because an employer doesn’t like them. The added job security that comes with tenure means that a boss would need to legally demonstrate that firing their employee was justified—that there is “just cause” for the worker’s termination. Tenured employees also have the right to contest their firing.

Tenure critics rightly note that in many school districts, the process an administrator has to go through in order to dismiss a teacher for cause ends up being so lengthy and expensive that it can feel nearly impossible. In many cases, it’s easier, and a lot cheaper, to keep an ineffective teacher employed, rather than jump through the legal hoops to remove them. In New York City, officials who make failed attempts to terminate teachers often end up just issuing fines.

Union contracts generally distinguish between two kinds of dismissals. The first is termination for cause; for example, an administrator should be able to fire you if you’re an ineffective teacher or if you sexually harass a student. The second type of dismissal is through a layoff due to an economic circumstance—generally, cuts to school district budgets during recessions.

Many teacher tenure critics also want to end the process of “seniority”—which requires that districts make layoff decisions based on the number of years a teacher has been working. Opponents of these “last-in, first-out” statutes say that high-quality young teachers are penalized under this system, since their few years in the profession makes them more likely to be canned, regardless of their job performance. This also disproportionately hurts students in high-poverty schools, critics say, because young teachers are generally assigned to those schools.

Some states, including many that are substantially unionized, have already explicitly banned seniority when making layoff decisions, and others require teacher job performance to be the primary factor considered. Ten states—including New York and California—however, still require that the number of years a teacher has taught be a partial, or the primary factor for districts when making layoff decisions.

Defenders of seniority say that if you want to fire someone for poor performance, then do it for cause, not disguised through the layoff process. In effect, tenure and seniority work together to give employers the flexibility to lay people off when economic circumstances require it, but in a way that protects teachers from being arbitrarily targeted, or targeted because they were paid more than more junior faculty. Seniority-patterned layoffs exist specifically to protect the “just cause” rights.

“Until very recently, these rules were fairly uncontroversial,” says Leo Casey, the executive director of the Albert Shanker Institute, a think tank affiliated with the American Federation of Teachers. “They prevented older, more expensive teachers from being discriminated against during lean economic times, and administrators often appreciated the simplicity of ‘last-in, first-out’, especially because there was no consensus on how to best evaluate teachers’ performance.”

In February, before the Vergara appeals court decision came down, California Assemblywoman Susan Bonilla, a Democrat, introduced a bill aimed at finding some legislative common ground for the various employment statutes being challenged in court. While the three bills sponsored by Republicans in 2015 got nowhere, some believed an effort led by a Democrat might get more traction. Both the California Teachers Association and the California Federation of Teachers have donated to Bonilla’s campaigns.

Bonilla proposed, among other things, giving principals the option of waiting until a teacher’s third or fourth year to grant tenure, and placing poorly performing teachers in a program that would provide increased professional support. If the ineffective teacher received another low performance rating after a year in this program, Bonilla’s legislation would enable schools to fire the teacher through an expedited process. The LA Times editorial board said her bill would make the rules “more reasonable and practical, while preventing capricious or vindictive firings of teachers by school administrators.” Education reformers initially took no position on her bill, but following April’s Vergara appeals decision, Students Matter, the group that brought the case, decided to back it.

However, Bonilla still lacked support from school administrators and teachers unions, and the California Teachers Association was urging its members to fight her bill. EdSource, a nonprofit news site focused on education in California, reported that the union posted an “action alert” for teachers to call their lawmakers, labeling the proposed legislation “an all-out assault” by “corporate millionaires and special interests.”

In June, Bonilla introduced an amended version of her bill, one that would require new teachers to work for three years before becoming eligible for tenure. Her bill no longer included provisions to create a new teacher evaluation system, to require teachers with poor performance reviews to be laid off before those with less seniority, and to remove many of the dismissal rules that administrators found frustrating. In an interview with The American Prospect, Bonilla explained that she needed to narrow her legislation’s scope because that’s what the Senate Education Committee requested. “They are looking for policy change, but my original bill was too wide-ranging,” she says.

Despite being significantly watered-down, the bill was still opposed by the unions, while the education reform groups that originally offered support came out in strong opposition, too. However, the Association of California School Administrators and the California School Boards Association now came forward with endorsements of the amended legislation.

“In my opinion, I really needed administrators’ support. That’s why we took LIFO [last-in, first-out] completely out and worked with the superintendents and the school board association to craft a version they could back. They’re part of the education community, they really understand what needed to be changed,” says Bonilla. The Association of California School Administrators is listed as one of Bonilla’s top campaign contributors.

Students Matter called the amended bill “a bad deal for California students” and urged members of the California legislature to reject it.

“The reform groups wanted everything, and some wanted everything but only if it was written exactly by them,” says Bonilla. “They didn’t want to come on board if it didn’t come out of their house.” She says Students Matter, and another reform-oriented group, Teach Plus, withdrew their support when her legislation no longer addressed seniority.

“If I had to choose who I was going to go with, I’d choose the administrators, the people actually running the schools. That was my priority in terms of really getting sound policy,” says Bonilla.

The California Teachers Association called upon its members to organize against the amended bill, saying it would take rights away from educators, and negatively impact students.

On June 29, the California Senate Education Committee held a hearing,ultimately rejecting Bonilla’s amended bill. Just two of the committee’s nine senators voted in favor—and both are terming out in November. (Five opposed it, and two others didn’t vote.)

“I do feel that at least having the hearing on the bill, which went on for about an hour and a half, was really important,” says Bonilla, who is also leaving office in November. “I felt it was important, as a Democrat, that I stand up and say, we as legislators have an obligation to our constituencies to find a solution and not pretend that the status quo is alright, just because the union says it is.”

One senator to vote in favor of Bonilla’s bill was Carol Liu, the chairwoman of the education committee. Liu told Bonilla that she could amend her bill further over the July recess period if she wanted to try and get more support. Bonilla took Liu up on this and submitted a new version that does not extend the time it takes a new teacher to earn tenure. All Bonilla’s latest version does now is grant school districts the authority to negotiate an alternative dismissal process with their local bargaining units, if they so choose. Right now, under California state law, local bargaining units are prohibited from negotiating the terms of their dismissal process. In 2014, the teachers union in San Jose tried to do this, and asked the California state board of education for a waiver so they could extend their probationary period to three years. But the state board denied the San Jose school district and its union their request. (The California Teachers Association argued that such changes should only come from the state legislature, not through waivers.) Bonilla’s twice-watered-down bill, then, would make such a change.

As of August 1st, it was still unclear whether Bonilla’s new bill would receive a waiver and come up for a re-vote. The American Prospect was unsuccessful in getting an interview with the California Teachers Association, despite repeated attempts over several weeks.

I asked Josh Petchalt, the president of the California Federation of Teachers, why his union opposed Bonilla’s amended bill in June. Wasn’t a one-year extension of the probationary period a fairly good compromise?

Petchalt, though, does not think the tenure law needs to be changed, and believes changing it would not solve the underlying issue of how tenure is assessed. “I think all the commotion about making it three years or five years really misses the point about what it means to have a rigorous procedure for evaluating teachers,” says Petchalt, who taught high school for more than two decades. “I don’t think it takes very long to decide if an adult should be working with kids. I think it happens relatively quickly if that person is being observed on a regular basis by properly trained administrators who know what they’re doing.”

Some leading academics share Petchalt’s assessment. During the Vergara trials, Jesse Rothstein, an economics professor at UC Berkeley, testified that two years was long enough for principals and school administrators to determine whether or not to award tenure. He cited his own research, which suggests that granting tenure earlier, rather than later, is better for students. Rothstein also argued in favor of using seniority to handle layoffs, which he says is a less costly, subjective, and controversial method than using annual performance evaluations.

If Bonilla’s revised-again bill, which has been stripped of its probation provision, comes up for a revote, she says she really hopes there will be “three courageous legislators” who will vote for its passage. “Allowing a union to bargain locally is not an anti-union position,” Bonilla says.

If her amended bill does not pass, or even if it does, the education reformers may seek to place an initiative on the 2018 ballot. Bonilla says she’s heard that there already been some money raised to start that effort.

If such a measure is placed before voters, I asked Petchalt, wouldn’t it look bad to oppose a bill that wouldn’t end seniority, wouldn’t end tenure—just merely extend the probationary period to three years, which is how long it takes in most states anyway?

“I don’t doubt that the optics are not great, but our members spend a career in the classroom, they are committed to public education, to children, and so it’s not good enough to say well there’s an element of goodness in this specific bill if the overall effect would make things worse,” he says. Petchalt points to the Vergara trial, and the broader political effort to weaken teachers unions and collective bargaining. At a time when public sector workers are under attack, when public education is under attack, he says, his union feels compelled to fight back against “a broad narrative.”

“The teachers union supported No Child Left Behind and it got them nowhere,” Petchalt adds. “And they supported [NCLB] for exactly what you’re saying, they didn’t want to be seen as folding their arms and being opposed to everything. [Some union leaders] said if we support [NCLB], then they’ll stop their attacks. But it furthered the attacks, creating a dynamic that resulted in very bad things happening.”

Petchalt is probably right to suspect that even if his union and the CTA backed Bonilla’s bill, even if union leaders agreed to change the probationary period to three years, education reformers would be unlikely to stop fighting for more concessions. In Pennsylvania, where teachers are eligible for tenure after three years, reformers are pushing to extend it to five years, insisting that three years is too short. In this political climate, unions have decided that ceding no ground and putting forth alternatives is preferable to compromising and hoping the disputes get resolved.

Whether this is the most strategically savvy move, though, is unclear. A survey released in 2012 of 10,000 educators found that, on average, teachers felt it was reasonable to work 5.4 years before being evaluated for tenure. Another survey released in 2015, sponsored by the pro-reform group Teach Plus, found that 65 percent of California teachers think that a probationary period between three and five years makes sense for administrators making tenure decisions.

“In California, when legislators can’t come up with a solution, it ends up going on the ballot,” says Bonilla, who worries about lawmakers abdicating their responsibilities, and the electorate voting on issues they’re not well informed about. “We as legislators have to be the ones to demand that the reformers and the centrally-controlled unions be reasonable. There is no one else who is going to do it.”