Dear CPS members:
The Governor signed the new education bill into law on Monday, January 18. Below is a summary of the bill from AFTMA (and a link to statements from the MTA). These comments are followed by a notice from the Pioneer Institute. As you will note, Pioneer Institute is concerned about charter schools having to fill empty seats with students on waiting lists or advertise their availability when there is no waiting list. CPS has fought for that provision. It may discourage them from pushing out students and sending them back to district schools. Public schools have to take students during the school year, charter schools should also have to also.
Marilyn Segal, Executive Director
Summary of Ed Reform Legislation, Prepared by the AFT-MASS
AN ACT TO REDUCE THE ACHIEVEMENT GAP
THE EDUCATION LEGISLATION, KNOWN AS AN ACT TO REDUCE THE ACHIEVEMENT GAP, HAS PASSED BOTH THE HOUSE AND SENATE. WHILE THE LEGISLATION DOES NOT CONTAIN ALL THE ODIOUS PROVISIONS PUT FORWARD AT VARIOUS TIMES, IT CONTAINS A GOOD NUMBER OF THEM AND IS CERTAINLY INFERIOR TO WHAT THE PREVIOUS LAW WAS. THIS LEGISLATION IS IRKSOME AND SHOULD VEX EVERY UNION MEMBER. SINCE THE LAW REQUIRES ALL KINDS OF PROCESSES FOR IMPLEMENTATION, IT WILL TAKE SOME TIME TO PUT THE LAW INTO OPERATION.
AFT MA WILL CLOSELY MONITOR ITS COURSE AND WILL GIVE LOCALS ALL THE ASSISTANCE WE CAN. THE ITEMS BELOW ARE MAJOR FEATURES OF THE LEGISLATION, BUT THE BILL DOES CONTAINS OTHER ITEMS. SOME ITEMS MAY ACTUALLY BE IN CONFLICT
UNDERPERFORMING SCHOOLS
Based on MCAS scores up to seventy-two schools can be designated as
underperforming or chronically underperforming schools at any given
time. The superintendent must create a turnaround plan lasting up to
three years.The superintendent can require all staff in the school, not
just teachers, to reapply for their positions in the school. If the
superintendent does not accept the reapplication or the employee does
not reapply, the employee shall retain such rights as may be provided
under law or any applicable collective bargaining agreement to fill
another position in the district, provided that the employee shall not
have the right to displace any teacher with professional teacher status
in any other school during the school year. A teacher can be dismissed
for good cause, a lower standard than just cause in the previous law.
The superintendent can request the school committee to reopen the
contract. If the contract is reopened, negotiations occur. If no
agreement is reached, the dispute goes to a joint resolution committee
of three persons who decide.
CHRONICALLY UNDERPERFORMING SCHOOLS
Based on MCAS scores up to seventy-two schools can be designated as
underperforming or chronically underperforming schools at any given
time. The Commissioner of Elementary and Secondary Education must create
a turnaround plan lasting up to three years. The superintendent can
require all staff in the school, not just teachers, to reapply for their
positions in the school. If the superintendent does not accept the
reapplication or the employee does not reapply, the employee shall
retain such rights as may be provided under law or any applicable
collective bargaining agreement to fill another position in the
district, provided that the employee shall not have the right to
displace any teacher with professional teacher status in any other
school during the school year. A teacher can be dismissed for good
cause, a lower standard than just cause in the previous law. The
Commissioner can void any or all provisions collective bargaining
agreements. No negotiations are required.
UNDERPERFORMING DISTRICTS
Up to 2.5 percent of school districts at any given time, approximately
nine, can be declared chronically underperforming districts. The Board
of Elementary and Secondary Education will designate a receiver who will
have all the powers of the school committee and the superintendent. The
Commissioner and the receiver will develop a turnaround plan. The
commissioner can require all staff in the school, not just teachers, to
reapply for their positions in the district. If the commissioner does
not accept the reapplication or the employee does not reapply, the
employee shall retain such rights as may be provided under law or any
applicable collective bargaining agreement to fill another position in
the district, provided that the employee shall not have the right to
displace any teacher with professional teacher status in any other
school during the school year. The commissioner can request the school
committee to reopen the contract. If the contract is reopened,
negotiations occur. If no agreement is reached, the dispute goes to a
joint resolution committee of three persons who must issue a unanimous
decision. Otherwise, the commissioner resolves all outstanding issues.
(NEW) HORACE MANN CHARTER SCHOOLS
(ed. note: the ‘new’ Horace Manns are a different entity from the
current version, of which Boston has two.)
A (new) Horace Mann Charter School shall be a public school or part of a
public school operated under a charter approved by the school committee
and the local collective bargaining agreement. However, a number of
exceptions exist. A (new) Horace Mann Charter School established as a
conversion of an existing school shall not require the approval of the
local collective bargaining agent but shall require a memorandum of
agreement regarding any waivers to collective bargaining agreements
which needs the approval of a majority of the teachers in the school.
Fourteen new schools can be created without union approval. A minimum of
four will be in Boston. After approval, the schools need to develop a
memorandum of agreement with the school committee and the union
regarding any requested waivers to the collective bargaining agreement,
but a school can open under the terms of the charter until a memorandum
of agreement is reached.
Innovation Schools
The bill establishes these schools, formerly called readiness schools.
It states that these schools are established “for the purpose of
improving school performance and student achievement through increased
performance and autonomy.” A planning committee will develop the
innovation plan. In existing schools where a conversion is proposed the
collective bargaining agreements are in effect except in those areas
where the planning committee recommends waivers. Conversion of an
existing school to an innovation school requires a two-thirds vote of
the faculty. In the case of a new innovation school requested waivers
are to be negotiated, but if no agreement is reached, then final and
binding arbitration occurs.
Commonwealth Charter Schools
Over a period of seven years the cap on charter school spending can rise
from 9 percent of net school spending to 18 percent in the lowest
scoring ten percent
A statement from the Massachusetts Teachers Association is here
The Pioneer Institute’s Statement on the Bill
Pioneer Institute thanks President Obama and U.S. Education Secretary Duncan for their call for urgent action to lift arbitrary caps on charter public schools and promote good schools via the Race to the Top competition. Governor Patrick, the Massachusetts Legislature, and Mayor Menino are to be commended for their efforts to follow the President’s lead.
The charter school-related provisions build upon the proven performance of the Commonwealth charter school model. The addition of 27,000 new charter school seats is vitally important, and the targeting of the new schools entirely makes sense, given widespread failure in many of our urban districts.
Two Problematic Provisions
There are two provisions in the final compromise reached late last night by the Conference Committee, which undermine one of the core principles set forth in the Race to the Top guidelines. The RTTT calls for states to scale up proven charter providers, such as the Knowledge Is Power Program (KIPP) and SABIS networks. Yet one provision in the final compromise requires non-high schools to backfill open positions in the first half of the grades of operation; unfortunately, this is likely to dissuade many of these operators from multiple expansions. Furthermore, experienced charter school operators may be deterred by the bill’s provisions that limit the increase in each district’s total charter school tuition payments to 1% per year, only reaching the 18% cap in 2017.
This ‘go-slow’ provision sends a troubling signal to successful charter school operators and may prevent them from reaching adequate scale, denying tens of thousands of inner-city kids access to a quality education.
We believe urban students, having waited 17 years since the original Education Reform Act, have waited long enough. We urge the Governor to return the bill with amendment, correcting the flaws in each section and ensuring that the bill achieves its stated goal of addressing the achievement gap. After all, the crucial question is: Will proven school operators come en masse to Massachusetts? If not, the bill will have failed in its purpose.
We reserve, for the time being, judgment on the “innovation school” provisions of the legislation, which we consider process-heavy. Their success or failure will depend on the ability of the state’s Department of Education and the affected school districts to implement the law. We hope the end result will be the authentic turnaround of failing schools in our urban districts. Only time will tell.
Thank You
We really appreciate the support for educational reform that has come from virtually every corner of the state, from parents in charter schools, media outlets statewide, business and community leaders, and now our legislative leaders. The change in the debate over the past three years, from a time when top political leaders opposed charter schools, is heartening. The change underscores the power of engaging the public in public policy decisions.
We celebrate the fact that Massachusetts will be able to provide access to great schools for 27,000 inner city children, who otherwise would not have had a chance at college and success in the world of work. Pioneer looks forward to the day when these children take their rightful positions as leaders in the Bay State’s companies and in our society.
We will continue our work to make that day a reality for all children whose futures are still in doubt. When that day arrives it will be a true victory for all.
