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March 22, 2004

1)  Will Denver Teachers Vote with Their Feet on Performance Pay? Members of the Denver Classroom Teachers Association (DCTA) approved a plan to eventually replace the traditional salary schedule with one that pays teachers for performance, including the scores of their students on standardized tests.

The affirmative vote came after a four-year pilot project, and will not go into effect unless Denver voters approve a $25 million property tax hike to pay for it in November 2005. The DCTA leadership supported the plan, despite the fact that NEA’s national policy, adopted in 2000, declares performance pay systems to be “inappropriate.”

NEA’s stance didn’t deter DCTA. “I don’t open my NEA book every morning to see what I can and cannot do,” said DCTA President Becky Wissink.

Whether the plan succeeds or fails may depend less on the plan itself and more on its method of adoption. There are approximately 4,500 teachers in Denver, but only 3,200 who belong to the union. Only union members were allowed to vote. Of those 3,200, only 2,718 cast a ballot. Of those votes, only 59 percent endorsed the plan. So, about 1,600 teachers thought well enough of the idea to vote for it. The rest didn’t, or didn’t get the chance to say.

In addition, current teachers will have until the 2012-13 school year to switch from the current system to the new one. New hires will be automatically placed on the performance pay schedule. So, some of those “yes” votes were made by teachers who will retire (or move, or switch careers) without having to work under the new schedule.

This changes the whole dynamic. By having teachers in 2004 vote on a plan that will not apply to everyone until 2012, the Denver performance pay plan is now an experiment in recruitment and retention. What kinds of teachers will now apply for jobs in Denver? Which teachers will remain in the district and which will transfer to a district with a traditional salary schedule? Which teachers in other districts will want to transfer in?

Should the voters approve the funding for the plan, many will be watching and analyzing student achievement in Denver for years to come. But equally interesting will be the effect of an available performance pay school district on the teacher labor market and, by extension, the effect on DCTA membership. Since Denver teachers are not compelled to join the union, will teachers drawn to performance pay be more union-friendly, or less? The ripple effects will be worth watching.

2)  Illinois Education Association Approves Budget Cuts, $39 Dues Hike. Delegates to the Illinois Education Association (IEA) representative assembly approved a budget for 2004-05 that includes a $39 dues hike, hiring cuts, freezes and delays, the cancellation of the union’s Summer Leadership Academy, a reduction in the number of meetings of the board of directors, and the elimination of three issues of the union newsletter.

The above measures were taken in response to continued concerns about IEA’s expenditures on staff retirement plans.

3)  Comeback for New Unionism? The Learning Cooperative is a group created by past and present officials of the Pinellas Classroom Teachers Association (PCTA) in Florida. PCTA has long been involved in the teacher union reform movement and was one of the early supporters of “new unionism,” the principles associated with former NEA President Bob Chase and his National Press Club speech in February 1997. In their most recent newsletter, Learning Cooperative editors Rob McMahon and Doug Tuthill suggest that new unionism may be making a comeback.

“While Bob’s speech excited NEA members around the country and generated lots of buzz in the national media,” wrote McMahon and Tuthill, “New Unionism bogged down in the execution stage. Public education is a massive enterprise, and making even small improvements is daunting. After a few years of speeches, discussions, articles, workshops, and initiatives, New Unionism faded from the limelight, but the Phoenix may be rising from the ashes.”

McMahon and Tuthill draw their conclusion from a February 5 memo from NEA President Reg Weaver and Executive Director John Wilson describing the union’s recent systems planning retreat (mentioned in the March 1 EIA Communiqué). Among other things, Weaver and Wilson wrote that NEA “must find the right organizational and strategic approach to meet the challenges before us.” McMahon and Tuthill suggest if NEA were bold, it could involve itself in hiring, placement, charter school management, support to home school instructors, and membership services for private school teachers.

If history is any guide, EIA’s union subscribers will have sharply different opinions on this subject. I would like to hear them. If you reply, I would like you to specifically address your perception of NEA’s current direction: Is it toward new unionism or away from it? If I get enough responses, I will publish some of them in a future issue.

4)  Michigan Education Association Lawsuit Dismissed. The Michigan Court of Appeals dismissed a Michigan Education Association (MEA) lawsuit against the Mackinac Center for Public Policy. The MEA complaint arose from a Mackinac fundraising letter that quoted MEA President Lu Battaglieri as saying in 2001, referring to Mackinac, “… quite frankly, I admire what they’ve done over the last couple of years...”

Battaglieri did not dispute the accuracy of the quote, but claimed Mackinac had “misappropriated” his name for commercial purposes. The court concluded that Mackinac’s letter “falls squarely within the protection of the First Amendment for discourse on matters of public interest.”

In light of this decision, EIA feels free to finally publish another Battaglieri quote, also made in 2001: “You’re nobody in NEA until you’re mentioned in the EIA Communiqué.”

5)  Maryland Union Pays for Contracting Out. Edward Fortney filed a complaint with the National Labor Relations Board, claiming his employer classified him as an independent contractor in order to avoid paying him benefits afforded to employees. He also claims his employer resisted his efforts to join the union, and actually fired him last month when the IRS ruled another independent contractor in similar circumstances should be classified as an employee.

A minor brouhaha, except Fortney’s employer was the Maryland State Teachers Association (MSTA), who had hired him as a labor organizer. “What I want is accountability,” Fortney told The Daily Times. “MSTA management is not held accountable for anything. They need to start practicing what they preach.”

MSTA officials denied Fortney’s charges, saying they have no control over who is eligible for staff union membership. Citing personnel policies, MSTA would not comment on why Fortney was fired.

6)  Story Updates. Here are the latest developments in three stories recently covered by EIA:

* Boston settlement. Controversy over a proposed illegal strike by the Boston Teachers Union was rendered moot when the union and the district agreed on a three-year contract that provides about a 10 percent pay raise over three years. The average Boston teacher currently makes about $62,000 annually.

* Cleveland election. Members of the Cleveland Teachers Union (CTU) chose Joanne Demarco as their next president by more than a 2-to-1 margin over Jan Brundage, who had been endorsed by Richard DeColibus, the current CTU president.

* Pennsylvania staff agreement. The Pennsylvania State Education Association reached a tentative agreement with its staff union after long and bitter negotiations. Details are as yet unavailable.

7)  Interesting Union Rule. The Western branch of the Writers Guild of America is in the news because it had its second presidential resignation in two months. Charles D. Holland resigned last week over allegations of résumé padding. Holland assumed the presidency in January after Victoria Riskin resigned. Riskin stepped down after an investigation determined she had been ineligible to run for the office when elected in September 2003.

Her ineligibility was caused by her failure to write enough to keep her membership current. Imagine that. A union president was bounced for failing to annually practice the profession her union represents. A rule like this would wipe out most of the NEA and AFT leadership overnight.

8)  Worst Insinuation of the Week. Secretary of Education Rod Paige is still taking a beating over his comment, but we can only hope that the comments of Mary Armstrong, general counsel for the California Commission on Teacher Credentialing, were misreported or misconstrued.

The March 21 Los Angeles Times contains a story by reporter Nancy Wride headlined “Warning Signs Didn’t Save Teen,” about a high school student who was murdered by Pedro Tepoz-Leon, one of her teachers, sometime after they became romantically involved. It’s a sordid tale, but a key component is that the Tepoz-Leon (who committed suicide after being convicted of first-degree murder) had pleaded guilty to misdemeanor battery and corporal infliction of injury on a domestic partner prior to being hired as a teacher’s aide in 1992. He dutifully disclosed the incident on his application form, and again on his 1996 application to become a teacher. Now the murder victim’s family is suing the Long Beach Unified School District for hiring Tepoz-Leon in the first place.

In California, a felony conviction prevents applicants from receiving a teaching credential, but those with misdemeanors can still become teachers. The first scary proposition Wride reported was that class size reduction was a factor in Tepoz-Leon’s hiring. “Some involved in the case note he was hired when districts all over California, trying to comply with a new state law, were scrambling to staff classrooms with one teacher for every 20 students,” Wride wrote.

Wride next went to Armstrong for her opinion. “I’ve been asked about this case many times,” Armstrong said, “and I don’t know that you can fashion a law that would have prevented this, unless you are going to outlaw anyone with a domestic violence conviction of any type from becoming a teacher. There are hundreds of thousands of people in this state with those convictions, and anytime you try zero tolerance, you immediately have people wanting exceptions.”

Wride, referring to Armstrong, then wrote: “And, she added, there might not be enough people to teach children if the state adopted a zero-tolerance approach.”

Since Wride did not quote Armstrong directly, it’s impossible to know what she actually said. But the implication is that the commission cannot find enough applicants with clean records and is somehow forced to issue credentials to wife-beaters and other convicted criminals in order to fill the state’s classrooms. Outrageous.

9)  Quote of the Week. “Broad gave money to certain school board candidates whom we opposed. He butted into our school board race.” – San Diego Education Association President Terry Pesta, speaking about Eli Broad, the chairman of SunAmerica Inc., whose foundation has funded charter schools and provided awards for high student achievement in urban schools. Broad has also contributed to the campaigns of school board candidates in southern California. Broad’s motives, and those of others, are called into question in a lengthy article titled “Is it philanthropy? Or corporate meddling?” in the March 2004 issue of California Educator, the organ of the California Teachers Association (CTA).

Neither the article, nor Mr. Pesta, mentioned that the Broad Foundation also funds the Teacher Union Reform Network (TURN), a coalition of NEA and AFT locals dedicated to creating new models of labor-management relations in public education. TURN’s membership includes five CTA locals, including the San Diego Education Association.

 

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