By Larry Sand
UnionWatch

SACRAMENTO, Calif. – It seems as if most of the civilized world is squaring off against the teachers unions these days; California’s SB 441 is the latest battle.

As a way to put some teeth in a moribund teacher evaluation system in California, State Senator Ron Calderon has written SB 441, a very modest bill, which would at long last begin to address a deplorable situation.

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The bill would do the following:

1- (It) would require the evaluation and assessment at least every 3 years of the performance of each certificated employee with permanent status who have been employed at least 10 years with the school district and meet specified requirements.

(Existing law requires the evaluation and assessment of the performance of each certificated employee to be made on a continuing basis, as prescribed, including at least every other year for personnel with permanent status and at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district and meet specified requirements.)

2- (It) would instead require the governing board of each school district to regularly evaluate and assess the performance of certificated employees assigned to positions as classroom teachers or school principals using multiple measures, including, but not limited to, specified minimum criteria. The bill would require at least 4 rating levels to be used in evaluating a certificated employee and for the governing board of the school district to define each rating level used.

(Existing law requires the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to specified matters.)

3- (It) would also require the governing board to avail itself of the advice of parents of pupils, as specified.

(Existing law requires the governing board of a school district, in the development and adoption of specified guidelines and procedures, to avail itself of the advice of the certificated instructional personnel in the district’s organization of certificated personnel.)

Hardly radical stuff. In fact, many teachers from the Los Angeles area spoke in favor of the bill before the Senate Education Committee last Wednesday. One teacher told the committee that he supported the bill because he’d undergone a more “comprehensive evaluation working at Blockbuster than I do as a public school teacher in California.”

Parent and student advocacy groups, business people and civil rights groups – representing all political persuasions – are supporting the bill, many of them trekking to Sacramento to make their voices heard.

Mayors of Sacramento, Los Angeles and San Jose

California United to Reform Education

EdVoice

Lanai Road Education Action Committee

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Los Angeles Unified School District

Office of the Mayor of San Francisco

National Action Network Los Angeles

Orange County Business Council

Parent Partnership

Parent Revolution

Parents Advocate League

San Diego United Parents for Education

Simmons Group Inc.

Stand Up for Great Schools

StudentsFirst

Needless to say, there is one entity that is vehemently fighting to snuff the bill in committee: the teachers union. The following are opposing the bill’s passage:

California Federation of Teachers (CFT)

California School Employees Association (CSEA)

California Teachers Association (CTA)

United Teachers Los Angeles (UTLA)

When teachers unions see any legislative threat to the status quo, they obfuscate the issue and then fiercely lobby to kill the bill. CTA’s response was typical – it offered up a 36 page monster spelling out its suggested teacher evaluation procedures. It’s difficult to believe that the union is serious about augmenting such a convoluted strategy, but since it needs to feign concern, it throws out an unrealistic alternative, knowing that it will never see the light of day. CTA’s main concern seems to be that teachers’ collective bargaining rights are going to be diminished. But there is nothing in this tame bill that would affect collective bargaining except for the increase in the frequency of teacher evaluations.

CTA is undoubtedly threatened by SB 441 because it sees this bill as the beginning of a slippery slope to greater reforms. They even had their #1 lobbyist, Pat Rucker, speak before the committee. (Just wondering: is it not a conflict of interest that Rucker, a high powered teacher union lobbyist, sits on the state board of education? The story of the fox guarding the henhouse would seem to apply.)

While the unions are doing their best to kill SB 441 in its present form, Michelle Rhee’s StudentsFirst is going in the other direction. If Rhee’s organization had its way, the bill would be strengthened by:

– requiring that teachers and principals be evaluated annually.

– defining what pupil progress means and designating the weight of pupil growth to be 30 to 50 percent of a teacher or principal’s evaluation.

– eliminating seniority-based layoffs.

As an elementary and middle school teacher for over 28 years, I can attest to the fact that the bill as written is quite restrained and that StudentsFirst’s suggested amendments would be beneficial. But as certain as night follows day, it is also a fact that the teachers unions will do whatever they can to kill the bill in any form.

Needing five affirmative votes to get out of the education committee, the bill was stalled when the legislators voted 4-4-1 last Wednesday. It will be “reconsidered” this Wednesday, however, with the bill’s advocates and detractors going at it once again. Assuming the committee yeas and nays stand firm, the vote will be left to San Diego State Senator Marty Block who abstained last week. He is on good terms with the teachers unions and has introduced SB 657, a CFT sponsored teacher evaluation bill. But there is hope in some quarters that committee chair Carol Liu, who has backed other reform efforts, might change her vote to yes on SB 441.

On the UTLA website, there is a page devoted to the bill. Their “background” begins with the words:

SB 441 (Calderon) is pushed by disgraced former Chancellor of D.C. Schools Michelle Rhee and her StudentsFirst organization.

Nothing like a nasty ad hominem attack to add fuel to the fire. But then again, there is nothing new here. The unions invariably play dirty and make no bones about it. You want to talk about “disgrace?” The teachers unions wrote the book on it.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.