unpaid leave debate

Colorado Supreme Court weighs challenge to law governing job protections for teachers

PHOTO: Denver Post file
The Colorado Supreme Court.

Are good veteran teachers still guaranteed jobs in Colorado, provided they don’t mess up?

The Colorado Supreme Court heard arguments Wednesday on that issue and others related to a landmark 2010 state law that changed the rules for teacher evaluations and assignments.

Lawyers for Denver Public Schools squared off against lawyers representing individual teachers in two separate lawsuits. One case was brought on behalf of seven current and former DPS teachers. It challenges a provision of the 2010 law that allows school districts to, under certain circumstances, put effective teachers who’ve earned job protections on unpaid leave.

The other case was filed by a single teacher, Lisa Johnson, who was put on unpaid leave.

In both cases, lawyers for DPS argued that putting experienced, effective teachers on unpaid leave is not the same as firing them — and thus doing so doesn’t violate their due process rights.

But lawyers for the teachers said unpaid leave is essentially “an end run” around those rights.

To understand both lawsuits, it helps to have some background on the 2010 law, known as Senate Bill 191. It did several things, including change the way teachers earn “non-probationary status,” which affords them job protections. To earn that status, teachers must now have three years of effective ratings instead of just three years of employment.

Earning that status is desirable because non-probationary teachers can only be fired for a limited number of reasons, including insubordination and unsatisfactory performance. In addition, non-probationary teachers are entitled to a hearing before being fired.

The 2010 law also effectively eliminated a practice known as “forced placement.” Before the law, teachers who lost their jobs not for cause but due to circumstances such as a decrease in student enrollment were assigned to open positions at other schools.

DPS officials didn’t like forced placement because most teachers were placed at low-income schools, which they said led to the neediest kids being taught by teachers who didn’t choose to be there. So after Senate Bill 191 passed, DPS changed its policy. The district now gives teachers who lose their positions temporary assignments with the expectation that they will look for “mutual consent” positions, meaning a school’s principal agrees to hire them.

If a teacher doesn’t find a mutual consent position within 18 months, he or she is placed on unpaid leave as per Senate Bill 191. The teacher is welcome to continue looking for jobs in DPS and is entitled to his or her previous salary and benefits if hired.

Since Senate Bill 191 went into effect, at least 1,113 non-probationary DPS teachers have lost their positions due to a decrease in student enrollment, the closure of a school or other similar circumstances listed in the law, according to data the district provided at Chalkbeat’s request.

The majority of them have found mutual consent positions. Sixty-two teachers are currently on unpaid leave because they were unable to do so, according to DPS.

However, that number doesn’t include teachers who resigned or retired rather than be put on unpaid leave. That information is difficult to gather, a district spokesman said, but DPS did tally some numbers in response to an open records request the Denver teachers union submitted in February. As best the district could tell as of earlier this year, 39 non-probationary teachers who lost their positions between 2010 and 2014 resigned and seven retired.

On Wednesday, a lawyer for the teachers who brought the lawsuit argued that state law has historically afforded teachers a “basic bargain:” if they work for three years and are asked to come back for a fourth, they’re entitled to job protections. Lawmakers were wrong to alter that under Senate Bill 191, attorney Philip Hostak told the seven justices.

But DPS’s lawyer pointed out that the historical idea of tenure no longer exists — and hasn’t since lawmakers stripped the word from state law in 1990. “There is no indication in the legislation itself … that these folks are permanent teachers,” said attorney Eric Hall.

Pushing back on Hostak’s argument, Hall said lawmakers can amend laws however they see fit — and in the case of Senate Bill 191, they added the mutual consent provision and unpaid leave.

A lawyer for Johnson also challenged that provision and argued that Johnson shouldn’t be subject to it because she lost her position for a reason not listed in Senate Bill 191.

“The legislature tells us exactly which teachers can be displaced,” said attorney Eric Harrington.

However, the lawyer representing DPS in the Johnson case, Jonathan Fero, argued that the reasons listed in the law aren’t exhaustive and mutual consent applies to all teachers.

The lawyers did not debate the reason Johnson lost her position except to say they disagreed on the facts but that those facts aren’t an issue for the Supreme Court to decide.

The justices typically take months to issue an opinion.

teacher prep

Tennessee’s mediocre teacher training programs prompt ‘interventions’ with university presidents

PHOTO: Austin Peay
Austin Peay State University in Clarksville is among four Tennessee schools that have undergone "interventions" with state officials over the quality of their teacher training programs.

Armed with sobering data about the performance of teacher training programs in Tennessee, state officials are holding meetings with top brass at universities where they say programs have grown out of touch with the needs of K-12 classrooms.

About 40 programs in Tennessee feed the state’s teacher pipeline with about 4,000 new teachers annually. The largest are based at colleges and universities.

But those same traditional programs generally aren’t attracting enough high-quality candidates or producing enough effective or diverse teachers. Not a single public university in Tennessee scored in the top fifth of teacher training programs under a state report card issued in 2016. And the outlook isn’t expected to improve much under the 2017 report card being released early next month, officials say.

“This data is sobering. It tells us that higher education must do better,” said Mike Krause, executive director of the Tennessee Higher Education Commission. “I worry our higher education faculty in colleges of education get disconnected from what a K-12 classroom looks like.”

Krause outlined the challenges to state lawmakers during a presentation on Tuesday with Sara Heyburn Morrison, executive director of the Tennessee State Board of Education.

Their first “intervention meetings” were with the presidents and education deans at four universities: Austin Peay, Tennessee-Chattanooga, Tennessee-Martin, and Tennessee Tech. Similar meetings are scheduled this spring with leadership of private colleges and universities across the state.

Krause described the first meetings as “very productive” — and illuminating. “In many cases, the presidents just didn’t know” about their programs’ shortcomings, he said.

Teacher quality is considered a driving factor in students’ success, making the quality of teacher preparation programs a front-burner issue in Tennessee.  A 2016 report said only a handful of the state’s programs are consistently preparing teachers to improve student achievement based on Tennessee’s TVAAS measure. The State Board’s new grading system also highlighted weaknesses based on racial diversity, candidates’ ACT scores, and whether they are producing teachers for high-need areas such as special education.

Reading instruction is another big challenge. In a state where only a third of students are considered proficient in reading, new teachers are arriving in classrooms ill-prepared to instruct students on Tennessee’s new reading standards. The state is working with higher education institutions so their faculty can take the same professional development on literacy that working teachers are taking.

But for the most part, the State Board has limited levers for improving the quality of teacher prep. The biggest hammer comes every seven years when each program undergoes a comprehensive review for licensure. (In 2014, the state raised its standards and revised its measures for effectiveness to include data such as placement, retention and employer satisfaction.)

Chancellor Keith Carver

Tennessee-Martin Chancellor Keith Carver said his school took its last state report card to heart. As a result of its overall score of 2 out of a possible 4, the university hired an assessment coordinator to help guide decisions based on data. “It’s a really good baseline for improving,” he said of the report card. “We’ve got some work to do in our diversity profile.”

Tennessee’s teacher candidates are overwhelmingly white and female. Of those who completed Tennessee’s programs in 2016, only 14 percent identified themselves as non-white, compared with 36 percent of the state’s student population.

“Colleges of education will not stumble into diversity. There has to be a very intentional effort,” Krause said.

View the full presentation from Tuesday’s legislative hearing below.

Gold standard teachers

Tennessee adds nationally certified teachers but continues to trail in the South

PHOTO: Ruma Kumar/Chalkbeat

Twenty Tennessee educators have earned a national certification that’s considered the profession’s highest mark of achievement, although the state continues to lag in the South in growing that community.

The state Department of Education on Tuesday released the list of new educators designated as National Board Certified Teachers.

Their addition brings Tennessee’s number of NBCT educators to more than 700, with another 63 pursuing certification. By comparison, Kentucky has 3,600, Virginia 3,400, and Georgia 2,600.

“We know that teachers are the biggest factor in the success of our students, and it is an honor to celebrate educators who are helping their students grow, while serving as an example of what it means to be a lifelong learner,” Commissioner Candice McQueen said in a statement.

Nationally, 5,470 teachers earned the designation in 2016-17, raising the total to more than 118,000 through the National Board for Professional Teaching Standards. The certification takes from one to three years to complete and includes a performance-based peer-review process. Successful candidates must demonstrate a proven impact on student learning and achievement.

In Tennessee, at least 36 school districts offer at least one type of incentive for achieving the certification. The most common is a salary bonus.

North Carolina continues to lead the nation in certification, with 616 more teachers gaining the endorsement last month from the Arlington, Va.-based organization.

Earning their certification in Tennessee were:

  • John Bourn, Franklin Special School District
  • Christy Brawner, Shelby County Schools
  • James Campbell, Metro Nashville Public Schools
  • Kimberly Coyle, Sumner County Schools
  • Suzanne Edwards, Williamson County Schools
  • Anastasia Fredericksen, Metro Nashville Public Schools
  • Theresa Fuller, Kingsport City Schools
  • Amber Hartzler, Clarksville-Montgomery County School System
  • Jennifer Helm, Williamson County Schools
  • Deborah Higdon, Franklin Special School District
  • Karen Hummer, Franklin Special School District
  • Heather Meston, Metro Nashville Public Schools
  • Melissa Miller, Franklin Special School District
  • Kelsey Peace, Sumner County Schools
  • Lindsey Pellegrin, Franklin Special School District
  • Andrea Reeder, Williamson County Schools
  • Jordan Sims, Metro Nashville Public Schools
  • Susanna Singleton, Williamson County Schools
  • Melissa Stugart, Metro Nashville Public Schools
  • Drew Wilkerson, Franklin Special School District

To learn more, visit the website of the National Board for Professional Teaching Standards.