The Educated Guess – Analysis, opinion and ruminations on California education policy

Compromise on school fees bill

Advocates of a complaint process for parents and students who believe they’re being charged illegal fees have amended a bill to satisfy all of the main opponents, save the silent one who hasn’t been heard from yet. That’s Gov. Jerry Brown, who vetoed similar legislation last year.

On Wednesday, the Senate Education Committee approved AB 1575 without opposition, and changes that were made to the bill may smooth its way through the Senate and on to Brown’s desk. One factor could motivate him to sign it this year: Doing so would settle a lawsuit against the state that the state is likely to lose.

The American Civil Liberties Union of Southern California is pushing the bill that Assemblymember Ricardo Lara (D-South Gate) is sponsoring for the second straight year. Two years ago, the ACLU filed a class action lawsuit against the state after discovering, through an informal investigation, that dozens of school districts were charging students for textbooks, lab materials, Advanced Placement test fees, and sports uniforms. Students who couldn’t afford them were sometimes publicly humiliated.

The ACLU based its lawsuit on the state Constitution’s guarantee of “a system of common schools by which a free school shall be kept up and supported in each district…” In the 1984 decision Hartzell v. Connell, the state Supreme Court explicitly prohibited charges and fees for school programs. Former Gov. Schwarzenegger wanted to resolve the lawsuit, and the judge in Los Angeles County Superior Court agreed to put it on hold while a bill encoding the fees ban into statute and establishing a reimbursement process went through the Legislature in 2011.

Last year, in vetoing AB 165, Brown wrote that “this bill takes the wrong approach.” It would “mandate that every single classroom in California post a detailed notice and that all 1,042 school districts and over 1,200 charter schools follow specific complaint, hearing, and audit procedures, even where there have been no complaints, let alone evidence of any violation. This goes too far.”

Lara’s new amended bill drops some of the requirements that groups like the Association of California School Administrators and the California Association of School Business Officials considered onerous.

The requirement of posting a notice of the prohibition on fees in every classroom remains. So does the complaint process, which is based on the procedures in the settlement of the Williams lawsuit protecting low-income children, requiring textbooks in every classroom, qualified teachers in every school, and clean, safe facilities. Parents who believe they are being charged illegally can file a complaint to their principal, who can resolve it or refer the matter to the district office, which has a month to reimburse and settle. If not, the parent can forward the complaint to the state Department of Education for a determination and order to reimburse. CDE’s estimated cost of administering the process is $350,000 per year.

Gone from the bill are provisions that appeared to involve state mandates: a requirement that districts verify early in the school year to make sure no fees are being charged in any school, an audit provision at the end of the school year, and the imposition of a fine on districts that fail to comply with the reimbursements.

Meanwhile, the lawsuit is moving forward again, according to Brooks Allen, director of education advocacy for the ACLU of Southern California. The Brown administration took the position that blame for illegal fees lies with the districts, not the state. But in January, Los Angeles County Superior Court Judge Carl West ruled that the state can’t slough off its responsibility to enforce children’s right to a free public education.

That decision may serve to temper Brown’s inclination, if he has it, to veto Lara’s bill again.

Note to readers: This is the last piece I’ll be posting on TOP-Ed. On Monday, co-writer Kathy Baron and I will start work at EdSource, where we will continue writing daily on California education issues while joining EdSource’s talent staff to expand our coverage. To learn more about the move and the future of TOP-Ed, please go here.

Dismissal bill falters in Assembly

With teachers and organized labor rallying against what they called an unnecessary attack on their rights, a bill that would make it easier to fire teachers and administrators accused of serious sexual and violent offenses against children failed to pass the Assembly Education Committee on Wednesday. Sen. Alex Padilla’s controversial SB 1530 will be dead for the session unless he can persuade one more Democrat to reverse positions within the next week .

The bill had bipartisan support in the Senate, where it passed 33-4, but, in a test of strength by the California Teachers Association, only one Democrat, Education Committee Chairwoman Julia Brownley, and all four Republicans backed it in the crucial committee vote. The other six Democrats either voted buy clomid online against it (Tom Ammiano, San Francisco; Joan Buchanan, San Ramon) or didn’t vote (Betsy Butler, El Segundo; Wilmer Carter, Rialto; Mike Eng, Alhambra; and Das Williams, Santa Barbara).

The bill follows shocking incidents of sexual abuse in Los Angeles Unified and elsewhere, the worst of which involved Mark Berndt, 61, who’s been accused of 23 lewd acts against children at Miramonte Elementary in LAUSD. Padilla, a Democrat from Van Nuys, said SB 1530 responded to complaints from superintendents and school board members that it takes too long and is too expensive to fire teachers facing even the worst of charges. Rather than go through hearings and potential appeals, LAUSD paid Berndt $40,000, including legal fees, to drop the appeal of his firing.

Under current law, dismissal cases against teachers and administrators go before a three-person Commission on Professional Competence, which includes two teachers and buy amoxil online an administrative law judge. Its decision can be appealed in Superior Court.

Narrow band of ‘egregious’ cases

SB 1530 would have carved out a narrow band of exceptions applying to “egregious or serious” offenses by teachers and administrators involving drugs, sex, and violence against children. In those cases, the competence commission would be replaced by a hearing before an administrative law judge whose strictly advisory recommendation would go to the local school board for a final decision, appealable in court.

The bill also would have made admissible evidence of misconduct older than four years. Berndt had prior reports of abuse that had been removed from his file, because a statute of limitations in the teachers contract in LAUSD prohibited their use.

School boards already have final say over dismissal of school employees other than teachers and administrators, so the bill would extend that to efforts to remove “a very creepy teacher” from the classroom,” as Oakley Union Elementary School District Superintendent Richard Rogers put it. “What is more fundamental than locally elected officials responsible for hiring and dismissal?” he asked.

The bill has the support of the administrators and school boards associations, Los Angeles Mayor Antonio Villaraigosa, and the LAUSD president, Monica Garcia, who described her fellow board members as “seven union-friendly Democrats” who want to “get rid of people who will hurt our children.”

Current law works

But Warren Fletcher, president of United Teachers Los Angeles, countered that “SB 1530 solves nothing, places teachers at unfair risk, and diverts attention from the real accountability issues at LAUSD.” Turning the tables, Fletcher, CTA President Dean Vogel, and others have filed statements with the state Commission on Teacher Credentialing to investigate Superintendent John Deasy’s handling of misconduct allegations in the district.

The argument that current law works resonated with Buchanan, who served two decades on the San Ramon Valley School Board. Calling the bill “intellectually dishonest” because nothing can prevent another Miramonte from happening, she said, “We never had problems dismissing employees.” She acknowledged that the “long, expensive dismissal process” needs to be streamlined, but the bill doesn’t get it right. A teacher at a school in her legislative district was accused of sexual misconduct by a student who got a bad grade. That teacher “deserves due process.”

The two teachers on the Commission on Professional Competence provide professional judgment that’s needed to protect the rights of employees, said Patricia Rucker, a CTA lobbyist who’s also a State Board of Education member. “We do value the right to participate and adjudicate standards for holding teachers accountable,” she said.

Fletcher said that school boards would be subject to parental pressure in emotionally charged cases, and, as a policy body, should not be given judicial power. Assemblyman Ammiano, a former teacher, agreed. “A school board is not the one to make the decision,” he said.

Julia Brownley said that she too was concerned about false charges against teachers but would support the bill, for it “will give districts tools” for rare circumstances. The bill would make the dismissal process more efficient and definitive. And she agreed with Padilla that the bill ensured due process for teachers, who’d be allowed to present their case, with witnesses, before an administrative judge and appeal an adverse decision to Superior Court.

Oakley Superintendent Richards said that the CTA misstated what SB 1530 does and “has taken such an extreme position on this issue that they have lost credibility.” The union’s real fear is that the bill will be “a nose under the camel’s tent” to change the dismissal process for all teachers. And that, he said, is unfounded.

Padilla was to have issued a statement last night on the setback in the committee but didn’t. Update: Padilla issued a statement this morning that reads, in part: “SB 1530 was narrowly crafted to focus only on cases in which school employees are accused of sex, violence, or drug use with children. It is difficult to understand why anyone would oppose a measure to protect children. It is very disappointing.”

Trending toward graduation

California’s high school graduation rate is edging upwards for most groups of students. The overall graduation rate for 2010-11 was 76.3 percent, or 1.5 percent above the prior year.

Tom Torlakson, the State Superintendent of Public Instruction, acknowledged that while it’s not a surge, it’s still good news.

“It’s heading in the right direction; it’s certainly not where we want it to be,” said Torlakson during a telephone conference call with journalists on Wednesday. “The thing that I think is more noteworthy is the larger gains we’re seeing among Hispanics and African American students.”

The graduation rate for Hispanic students increased by 2.2 percent to 70.4 percent, and rose by 2.3 percent among African American students to reach 62.9 percent. At the same time, dropout rates for those groups of students fell by 3.1 percent and 2.1 percent respectively. English learners also showed progress, with a 3.8 percent increase in their graduation rates.

Torlakson said these improvements are especially striking because they’re happening “in the face of terrible budgets, a lot of turmoil and uncertainty in schools, more crowded classrooms, a shorter school year, summer school being eliminated,” and a shortage of textbooks, computers, and science lab equipment.

He credited the change to more focused interventions for low-income students at risk of dropping out, such as AVID and the Puente Project, that give them the support, encouragement, and college prep skills to put college within their grasp.

The CALPADS difference

This is the second year that the state has calculated graduation and dropout rates using CALPADS, the longitudinal student data system that uses unique student identifiers.

One year adjusted changes in state graduation and dropout rates. (Source: California Dept. of Education). Click to enlarge

With CALPADS, state education officials can track student progress from ninth grade to twelfth grade, accounting, for the most part, for students who transfer to other public schools in the state, earn GEDs, and even those who stay in high school for a fifth year to graduate.

“This is the first time we’ve been able to compare the rates from one year to the next, and for them to be used in the federal accountability system,” said Keric Ashley, director of the data management division at the state department of education. Starting next year, Ashley said California will have enough data to calculate graduation and dropout rates for students starting in seventh grade.

Nearly all states now use a similar system required by the federal government for reporting under the Elementary and Secondary Education Act. Before CALPADS, there was little consistency, and not always great accuracy, in how districts and the state computed these rates. One common approach was to take a head-count of students in ninth grade and subtract the number remaining at the end of twelfth grade. Another method was to add up all the 17-year-olds reported to be in public and private schools and divide that by the total population of 17-year-olds.

Even CALPADS has limitations and some bugs to be worked out. As the chart on the left shows, there are two columns for the class of 2009-10 – the first is 09-10 and the second is 09-10(A). The “A” stands for adjusted. Ashley explained that when CDE was reviewing the rates for the class of 2011, they noticed that some graduates had been in high school for more than four years so they were actually part of the previous year’s cohort and had to be switched. There will be another adjustment in December, when school districts will have another opportunity to make corrections to their data.

CALPADS also doesn’t know if a student transfers to a private high school in California, switches to home schooling or leaves the state unless the original school gets documentation from the student’s family and sends it to the state department of education. It also doesn’t track students who complete high school in different venues, such as an adult education program at a community college.

These are small gaps and won’t account for big changes in the numbers, but having more and better data can be meaningful, said Russell Rumberger, director of the California Dropout Research Project at UC Santa Barbara and author of the book Dropping Out: Why students drop out of high school and what can be done about it.

“We’d like to know how many of our students eventually graduate and go on to college,” said Rumberger. ”As a state we’d like to know everybody who completes, however and whenever they do it.”

No Exit

Years of interventions designed to help students pass the California High School Exit Exam (CAHSEE) have had little impact. A study released last night by the Public Policy Institute of California found that tutoring didn’t help students at all, while CAHSEE prep classes and continued support after twelfth grade had only modest success.

“The glass is a quarter full,” said UC San Diego economics professor Julian Betts, a co-author of the study. “There’s modest success here and we should take some pride in that.”

The report, titled Passing the California High School Exit Exam: Have recent policies improved student performance?, found that that the assistance programs helped somewhere between 1.5 and 3 percent of students who failed the exam in their sophomore year to eventually pass the test.

“In other words, the interventions unfortunately do not help the vast majority of those failing the CAHSEE in grade 10 to pass the test in a later grade,” wrote the authors.

CAHSEE trends in 10th grade pass rates. (Source: HumRRO). Click to enlarge

Starting with the class of 2006, California seniors have had to pass the exit exam in order to earn a high school diploma. The test is divided into two parts: math and English language arts. Students who pass one part and not the other only have to retake the section they failed. According to the PPIC study, about 1 in 16 students fails to pass both sections by the end of twelfth grade.

The researchers studied San Diego Unified School District, which has implemented many of the support programs. Back in 2005, at the urging of former State Superintendent of Public Instruction Jack O’Connell, who carried the bill to create the CAHSEE, state lawmakers approved AB 128, which provides districts with $20 million to offer additional instruction – including private and small group assistance, improved teacher training, and extra teachers.

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Two years later, the Legislature approved two additional bills aimed at improving the pass rate. AB 347 requires districts to provide up to two years of additional support services for students who failed to pass by the end of their senior year. AB 1802 increased the number of counselors in middle and high schools, and required those new counselors to identify students who failed or were at risk of failing the exit exam.

Grade 2 differences are better predictors of 10th grade pass rates than 12th grade. (Source: PPIC) Click to enlarge.

PPIC researchers studied the impact of the interventions in these http://dfwhindutemple.org/antibiotics-for-sale/ three bills.

Too little, too late

One of the main barriers to success, said Betts, is that the interventions are starting too late. Instead of waiting for high school, students ought to be targeted for assistance in middle school, or even earlier. In a 2008 report by Betts, he said there are already ways of predicting who’s likely to fail the exam.

“Academic grade point average (GPA) is the strongest predictor of eventual outcomes on the CAHSEE,” wrote Betts and his co-author. “However, some nonacademic characteristics such as absences and classroom behavior…are also signficiantly related to CAHSEE.”

Example of "early warning" system to determine students at risk of failing CAHSEE. (Source: PPIC). Click to enlarge.

Those indicators can be seen as early as elementary school, and are more prevalent among English learners, no matter what grade they’re in. The 2008 study found that just by being an English learner in grade 9 meant a student was 15 percent less likely to pass CAHSEE. The researchers recommended development of an “early warning” system to help teachers identify and begin working with at-risk students before they fail the exit exam. Along with yesterday’s study, Betts and his co-authors released that system, known as the CAHSEE Early Warning Model, which is available for any district in the state to download and use.

“This dual policy of early warning and early intervention could provide a cost-effective way to save students from both the needless anxiety of failing the exit exam,” concluded Betts and his co-authors, “and worse, giving up one or two years of their lives after grade 12 to master basic competencies in order to receive a high school diploma.”

For more information:

Independent Evaluation of the California High School Exit Examination: 2011 Evaluation Report to the California Dept. of Education. HumRRO, November 2011

Predicting Success on the California High School Exit Exam, Public Policy Institute of California, June 2008 Aldactone

160-day minimum year coming

Call it a last-minute clarification or a June surprise, another piece of bad news: A trailer bill that the Legislature will vote on Wednesday permits districts to slash the school year by an additional three weeks for the next two years, if voters reject Gov. Brown’s tax increase in November. That’s twice what Gov. Jerry Brown seemed to suggest in the May budget revise when he proposed the elimination of 15 days divided over a two-year period. Instead, the Legislature is prepared to authorize a 160-day year, likely the lowest in the nation and far behind other advanced nations; nearly all states have a 180-day year, which California also required before 2010.

In one sense, nothing has changed. Brown hasn’t suggested less funding for schools than the $53.6 billion for 2012-13 that the Legislature approved in passing the budget last week. Districts will have to negotiate a shorter year with their unions; they can’t declare it unilaterally, and most districts won’t go that low.

But the language in AB 1476 (section 50, midway through a very long bill) is a stark message that a defeat of the tax increase will create more than a one-year revenue crisis for schools.

Brown basically spared K-12 schools cuts in this year’s state budget but is promising to slash school funding by $5.5 billion if voters reject the income tax/sales tax increase. That translates to $441 per student, about an 8.4 percent cut in funding. Eliminating 15 days out of a minimum 175 days would be an 8.6 percent cut in the calendar. So cutting 7.5 days each of the next two years would solve only half of the gap, leaving districts to make other cuts through layoffs, benefits, or non-pay areas.

Lowering the minimum year to 160 days now would be too late for those districts and unions that already have negotiated potential cuts. Sacramento City Unified teachers earlier this month approved a two-day furlough, plus an additional 10 days, lowering the school year to 168 days, if the tax initiative fails.

A Senate staff member said that the intent of the trailer bill language is to give districts more flexibility to cope with terrible choices. Most districts won’t go to a 160-day year, but it will be an option. Because districts must submit balanced budgets for two years beyond the current year, districts can negotiate with certainty for continued furloughs through 2013-14. The governor approved the trailer bill language, which clears up any ambiguous reading of his earlier proposals, the staff member said.

But Robert Miyashiro, vice president of the education consulting firm School Services of California, said that the Legislature shaped the budget the way it is, so it is disingenuous to say, It is out of our hands. Legislators strategically set it up to say the schools must take a big cut if the initiative flops.

A spokesman for the California Teachers Association said that the union had not read the trailer bill language and could not comment. The trailer bill also contains language permitting teachers and other school employees to accrue a full year of vesting for pensions if a district’s school year drops to as few as 160 days.

First, keep the lights on

Given more control over how they could spend state money, school districts not surprisingly chose survival over experimentation. And if legislators want otherwise – to encourage districts to innovate or target money on low-achieving students – then they should be more explicit about their intentions.

That was the main finding and chief recommendation of a study of districts’ flexible spending last year by the RAND Corporation and researchers with the University of California. The results are consistent with annual surveys by the Legislative Analyst’s Office the past two years.

The study – also a survey, of chief financial officers in 223 districts – diagnosed how districts spent their share of $4.5 billion in previously earmarked spending. That encompassed 40 of 60 categorical programs and slightly less than a quarter of the $19 billion in total restricted spending that the Legislature made flexible in 2009.

Longtime advocates of unloosing control from Sacramento had speculated that districts might use deregulated spending to “make focused investments in new instructional approaches to meet local needs” or push decision-making to the school site level. They wondered whether vocal, well-organized groups – educated parents or unions – would dominate control over spending, aggravating disparities in student spending.

But none of this happened to a great extent. (There is an interesting experiment on school-based budgeting in Los Angeles Unified and Twin Rivers Unified, which contributors to TOP-Ed have written about here and here.) Gov. Arnold Schwarzenegger cut categorical programs 20 percent in 2009 when instituting flexibility, and total K-12 spending has been cut 18 percent since 2007-08. As a result, districts “swept” restricted dollars into their general funds in order to keep solvent and prevent additional layoffs, the study found. Money that had been earmarked for teacher and staff training and for general school improvement was largely diverted. Adult education was cut severely in many districts that had the programs.

“Hopes of some advocates that local control would spur widespread innovation or a new focus on classroom improvements simply proved unrealistic,” the study’s co-author, Bruce Fuller, a co-director of the Policy Analysis for California Education (PACE), said in a news release.

However, the study also found that “about one-third (of districts) reported that aligning spending with ‘school improvement goals’ was a high priority, and a few reported allocating newly flexible dollars to instructional reforms.” The latter were mainly urban school districts.

Lost accountability

The study has implications moving forward. Gov. Jerry Brown has proposed shifting most categorical dollars, including the money already flexed, into a weighted student funding formula that would shift significant spending to low-income students and English learners. Brown’s proposal has run into opposition based on the distribution formula. But advocates for poor children also have called on Brown to include assurances that the extra dollars would be spent on them and that local parent and English learner school committees be given a role in overseeing the dollars. The groups, which included the Education Trust-West and Public Advocates, stated their position in a June 14 letter to Brown.

Another approach could be a block grant, in which districts have latitude to spend as they choose within parameters, such as designating money broadly for professional development. Assemblymember Julia Brownley, who chairs the Assembly Education Committee, took that approach in AB 18, a variation of a weighted student formula.

RAND and the LAO had to rely on district surveys, because the state didn’t force districts to report how they spent formerly restricted dollars. The RAND-UC report recommends that the state Department of Education require this and that legislators require that flexibility be evaluated to determine which students and which programs benefited and which did not. Among the questions worth asking:

“What happens to programs whose funds are most often swept up, such as art and music?”
“How do changes in adult education funding affect communities and other institutions providing such services?”

Some cuts, cash in budget deal

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Legislative leaders protected most student financial aid in the Cal Grants program and preserved status quo funding for charter schools in the budget deal announced yesterday between Democrats and Gov. Jerry Brown.

The agreement comes less than a week after legislators approved a $92 billion spending plan that eliminated some of the governor’s biggest education proposals, including his plan to switch the entire school finance system to a weighted student funding formula.

Few details were revealed from the agreement announced yesterday; Senate staff members said the specific language of the budget trailer bills would be written over the weekend and taken up in the budget committee on Monday. A floor vote could come as soon as Tuesday.

Staff confirmed that the bills would not raise the eligibility for Cal Grants, the $1.5 billion student aid program. Brown recommended raising the grade point average (GPA) required for the Cal Grant A program from 3.0 to 3.25, and increasing the GPA for Cal Grant B awards from 2.0 to 2.75.

Michele Siqueiros, executive director of the Campaign for College Opportunity and a board member on the California Student Aid Commission, said taking the GPA increases off the table is “absolutely a great thing for students,” because the proposal threatened to shift the core value of Cal Grants from a need-based scholarship into a merit-based program.

The Campaign for College Opportunity sent a letter to the governor last week opposing that and two other recommendations: reducing the Cal Grant award by 40 percent for new and continuing students attending independent nonprofit colleges in California, and linking Cal Grant eligibility to federal standards for the Pell Grant program. The budget deal reportedly contains neither of those proposals.

However, students attending private, for-profit colleges may want to check their schools’ graduation and loan default rates. The Legislature did accept Brown’s bid to crack down on so-called diploma mills, private for-profit institutions, by withholding Cal Grants from these schools for one year if their graduation rate falls below 30 percent or their student loan default rate is 15 percent or higher. That could affect more than 80 postsecondary institutions, according to an analysis conducted for the Student Aid Commission.

“It says to colleges, especially if they’re going to charge a lot of money, that students should be getting a lot of value for that money,” said Siqueiros, adding that means getting a job that pays enough to pay back the loan.

Brown has charter schools’ backs

Brown has persuaded legislative leaders to restore an unexpected $50 million cut to charter schools that they approved in passing the state budget last week. The cut would have been $100 to $112 per charter student and would have widened a funding gap between charters and district schools.

But charter leaders will be holding their breath until the agreement is written into the language of a trailer bill and it becomes a done deal.

The money is for the block grant that charters get in lieu of small, restricted amounts of money for special purposes known as categorical programs. In his budget, Brown flat-funded the block program but included an additional $50 million to accommodate what the Department of Finance is projecting to be a 15.5 percent increase in charter school attendance next year, compared with less than 1 percent more in district schools.

The surge in enrollment reflects not only additional schools but also schools adding grades and more students per class to cope with budget cuts, said Jed Wallace, president and CEO of the California Charter Schools Association. Over the last four years, the average charter school has grown from 360 to 400 students.

Earlier this year, the Legislative Analyst’s Office calculated that charter schools received 7 percent or $395 per student less than district schools, including $150 per student less in categorical funding. That difference would have increased to $260 per student without the $50 million growth factor.

“Our members were very vocal about this,” Wallace said. “It looks as though funding will be restored, and we appreciate this.”

Brown, who was a creator of two charter schools while mayor of Oakland, has become a protector of charters as governor.

Leaders who don’t protect students from predators violate public trust

As a former counselor in a facility for teenagers who had been physically and sexually abused, I witnessed the indelible impact of this abuse on young men and women. As I read the stories about the sexual abuse scandal at Miramonte Elementary School in Los Angeles Unified, I remembered these young people and the destruction that twisted adults had wrought on their lives. Then I waited for the calls for reform from those with the power to make changes.

After all, the allegations are monstrous. The possibility that school officials may have known about the sexual abuse and done nothing is appalling. The fact that the Los Angeles Unified had to pay an alleged pedophile $40,000 to leave the school rather than spend hundreds of thousands of dollars to follow teacher dismissal laws is unbelievable. Worst of all is the knowledge that this situation could have been prevented by lawmakers in Sacramento.

Three years ago, the Los Angeles Times documented multiple cases of teachers who had abused students with little or no consequences. The articles revealed how the ten-step, state-mandated dismissal process for certificated staff including teachers (all other employees have the normal legal protections against arbitrary dismissal) protects abusive and incompetent adults from any accountability. Yet, instead of fixing these laws, most of the Sacramento power structure yawned and waited for the outrage to dissipate rather than confront their supporters in the statewide teachers unions. As a result, we have Miramonte.

Defenders of the current system like to argue that Miramonte is an isolated situation. But those who have been in school systems know that this is far from the truth. Recently, I talked with an attorney who had represented districts in dismissal cases. He shared story after story of high-cost cases to remove teachers who had either physically or sexually abused students – including male teachers who had raped impressionable female students and called their actions “relationships.” In these cases, the districts had been willing to spend millions to use the dismissal process with no guarantee of success.

I shared with him a story about a health-class teacher who was physically aggressive and sexually forward toward students. Despite student and parent complaints, nothing happened. The standard advice from our attorneys to school leaders was, “document the incidents and create an improvement plan.” For experienced school administrators who had already tried these steps, this advice was laughable. Finally, I received a report of a new problem. A female student complained that he had taught her class wearing loose shorts and no underwear so that his privates were clearly visible. Based on this complaint, our lawyers agreed to “counsel him out.”

Now, when a system has become so degraded that the threshold for “counseling out” of the profession is not job performance, but the exposure of one’s privates to a classroom of teenagers, there is clearly a need for change. This situation, Miramonte, and the earlier cases documented by the L.A. Times should raise troubling questions for those lawmakers protecting the current system. How many more teachers with similar histories have been “counseled out” and ended up in other schools? How many have had their records expunged and continued to teach? How many have been transferred or made their way to high-need schools in poor and immigrant communities where the parents may be less aware and more trusting?

Similar questions have been raised in other abuse scandals in powerful institutions such as the Catholic Church and Penn State. Like those cases, defenders of the current system talk about the importance of due process and assail anyone recommending reform for “attacking the profession.” In this instance, the accusation will be that critics are “bashing teachers.” In any context, these arguments lack credibility.

Not only is the existing system bad for students and communities, it is fundamentally bad for the teaching profession. First, the millions of dollars spent trying to remove a few bad apples and training administrators on the ten-step dismissal process could and should be spent on instructional improvement. Second, the predictable futility of the ten-step process undermines the credibility of the evaluation system overall. Most importantly, given the likelihood of similar cases coming to light, lawmakers should be making every effort to reform the system to prevent future collateral damage to the profession.

Senate Bill 1530 by Democratic Sen. Alex Padilla would do a great deal to fix this situation by modifying the existing dismissal process for teachers accused of serious misconduct including sex, violence, or drugs. (A broader bill by Republican Sen. Bob Huff that would have encompassed a wider array of misconduct and abuse accusations failed to get out of committee.) SB 1530 has the support of children’s advocates, school districts including LAUSD, and L.A. Mayor Antonio Villaraigosa’s office. Predictably, it is opposed by both statewide teachers unions. Sadly, it has the silence of many of their key allies, including our most powerful education leaders: Governor Jerry Brown, Superintendent of Public Instruction Tom Torlakson, and Speaker of the Assembly John Perez.

Now that the bill has moved out of the Senate and into the Assembly, its opponents will work hard to defeat it. They will lobby their longtime allies and the chairs of important committees. They will work to derail the bill with the aid of longtime legislative staffers who have always prioritized their friends in the CTA over any other interest. And if all else fails, they will take their case to the governor.

For the average citizen, taxpayer, and voter, it must boggle the mind that Sacramento would even be debating this; that this situation wouldn’t have been fixed years ago; and that our most powerful elected leaders won’t commit to fixing it now. Now many of these same leaders and other legislators will be stumping around the state asking the citizens of California to trust them to spend their money, fix the budget crisis, and solve a host of other problems. Of course, the average citizen might ask in return, If we can’t trust you to protect our children from adults involved in sex, violence, and drugs in our schools, how can we trust you on anything at all?

Arun Ramanathan is executive director of The Education Trust–West, a statewide education advocacy organization. He has served as a district administrator, research director, teacher, paraprofessional, and VISTA volunteer in California, New England, and Appalachia. He has a doctorate in educational administration and policy from the Harvard Graduate School of Education. His wife is a teacher and reading http://americansleepandbreathingacademy.com/cost/ specialist and they have a child in preschool and another in a Spanish immersion elementary school in Oakland Unified.

Another report urges changing API

A report this week from a Washington think tank bolsters Senate President pro Tem Darrell Steinberg’s call for significantly revising the state’s primary accountability measure, the Academic Performance Index. Now, if Gov. Jerry Brown would only read it…

“Ready by Design: A College and Career Ready Agenda for California,” published by Education Sector, recommends that the API shift focus from students’ performance on standardized tests to measures of readiness for college and careers, such as high school graduation rates, results of Advanced Placement tests, and percentages of students needing remediation in college. That’s essentially what Steinberg’s bill, SB 1458, would do without specifying what measures would be included, and that is what his bill last year, SB 547, would have done, had Gov. Jerry Brown not vetoed it with a snarky message sharply critical of quantitative gauges of school achievement.

The report concluded that additional measures would not be a panacea, “but an outcomes-oriented API would at least measure and reinforce what’s most important: graduating students from high school with the knowledge and skills to succeed in higher education and a career,” wrote co-authors Anne Hyslop, a policy analyst with Education Sector, and Bill Tucker, deputy director, policy development at the Bill & Melinda Gates Foundation. The report was funded by the James Irvine Foundation, a big promoter and funder of an initiative to combine college readiness and career technical education, called linked learning.

This is the second report from Ed Sector in a month on the California API. Last week, I wrote about “Academic Growth over Time,” in which author Richard Lee Colvin, a former executive director of Ed Sector, recommends Los Angeles Unified’s alternative way to calculate student results on standardized tests. The reports need not be mutually exclusive; recommendations from both could be combined.

When establishing the three-digit API index in 1999, the Legislature implied that it would be adding a range of measures, but never did. Instead, the API is based on California Standards Tests results, primarily English language arts and math, plus results on the high school exit exam, which are not indicators of preparation for life beyond high school. But by adopting Common Core standards two years ago, the state embraced the goal of aligning high school achievement with college and career expectations. The API needs to change to reflect this, the Ed Sector report says.

In his veto message of SB547 last year, Brown said that changing API now, when facing the challenges of new Common Core curriculum, texts, and tests, “doesn’t make sense.”

Sharply rebutting that, the authors wrote, “In fact, what doesn’t make sense is implementing new standards, tests, and curriculum that are aligned with college and career readiness while continuing to evaluate school performance based on an entirely different goal. More important, Brown’s continued opposition to CALPADS, his refusal to apply for federal funds to improve the state’s data collection, and his veto of the API redesign, only serve to maintain the very status quo that he repeatedly condemns.”

While college acceptance rates are indicators of readiness, the report recommends adding evidence of post-high school achievement to the API, such as college remediation rates, percentage of students who return to college after one year, and the percentage of students who enter the military or who go straight to work after high school. Unlike states like Florida, which track students after high school, California has incomplete, voluntarily collected data – hence the criticism of Brown for forgoing chances for federal database money.

Underutilized EAP measure

California does have one measure of readiness that other states consider a model: the Early Assessment Program, a series of questions created by the California State University and administered as a supplement to CSTs taken by high school juniors. But the authors said that “while touted as a model for those developing Common Core assessments, its respect outshines its influence.” The University of California and most community colleges don’t use results of EAP, and most high schools aren’t using the followup courses in math and expository writing that would enable high school seniors to bypass remediation in college.

Quoting a 2006 survey that found 10 percent of high school teachers said their students graduated not ready for college, compared with 44 percent of college faculty who said students arrived unprepared, the report cited “mismatched expectations on both sides.” Including college readiness measures in the API would encourage high schools, colleges and business leaders to work closer to create common expectations and share expertise and knowledge. The report cited promising examples: collaboration between a San Diego high school and the Grossmont-Cuyamaca Community College District to redesign high school English courses; and the extensive agreements between Long Beach Unified and the local community college and CSU, Long Beach.

Calling SB 1458 “my highest priority,” Steinberg said, “I really believe this bill would bring about a change in cultures. It would create incentives to link education with needs of economy in a fundamental way.”

“The Administration is fine with the API the way it is. I disagree and want to limit the importance of testing,” he said.

The bill, which has passed the Senate, will be heard in the Assembly Education Committee on June 27. Steinberg said he hoped to negotiate with Brown on the measures in the bill. It includes the possibility of including school inspections, which Brown raised in his veto message and mentioned in his State of the State message in January.

Next step for Student Success Act

Retiring Community College Chancellor Jack Scott watched his signature initiative move closer to becoming law. The Assembly Higher Education Committee yesterday unanimously passed SB 1456, the Student Success Act of 2012.

The bill would implement two of the 22 recommendations developed by the Student Success Task Force, a panel of educators, policymakers, students, and researchers that spent last year studying and taking testimony on ways to improve the completion rate at California’s community colleges.

“SB 1456 is about community college students and the tremendous fierce urgency of doing something now,” the bill’s author, Democratic Senator Alan Lowenthal of Long Beach, told the Assembly panel.

As TOPed previously reported, studies have found that after six years, only 30 percent of community college students earn a degree or certificate or transfer to a four-year college.

The first proposal puts the onus on community colleges to provide support services for every student. These include orientation, assessment and placement, counseling and education planning, and tutoring or other interventions to help students who are falling off the path. Colleges would also have to evaluate the effectiveness of those supports and report them to the Legislative Analyst.

The second recommendation establishes for the first time academic standards for receiving Board of Governors (BOG) fee waivers. In order to continue receiving a BOG waiver, students would have to maintain a “C” average for two semesters.

“Why did we put in there something about the BOG fee waiver?” asked Chancellor Scott, in anticipation of the question. “Well, we wanted not only institutions to accept responsibility for student success, but we wanted students to accept responsibility.”

Community College Chancellor Jack Scott testifying on SB 1456, the Student Success Act. (Source: The California Channel). Click to enlarge.

Scott noted that this is also required for both the federal Pell Grant program and Cal Grants. “We just didn’t quite feel it was fair for somebody to continue for 8 or 10 semesters and never achieve a 2.0,” he said.

Speakers heaped praise on Lowenthal for his willingness to work with key constituencies to find middle ground on some contentious issues. The biggest concerns were over new restrictions on BOG fee waivers. Lowenthal agreed to remove a provision eliminating eligibility for waivers for students with more than 110 units. He also agreed to an appeals process and to phasing-in the changes over time.

As a result, the Academic Senate for California Community Colleges, the Student Senate, and MALDEF, the Mexican American Legal Defense and Education Fund switched from opposing the bill to supporting it.

“I think that this is a stronger bill because all of the stakeholders have come to the table,” said Jessie Ryan with the Campaign for College Opportunity. “We’ve done a great deal of work with social justice organizations across the state and student organizations to address their concerns, and I think we’re at a place where we can all acknowledge that completion matters and the Student Success Act puts us on that path.”

Well, not exactly. The Community College Association (CCA), which is the higher education division of the California Teachers Association, argued that SB 1456 is more talk than walk. Ron Norton Reel, a speech teacher at Mt. San Antonio College, testified that the bill contains no definition of success or strategy for measuring it, creates more inequalities among students and doesn’t provide any funding to hire the thousands of additional counselors that will be needed to help students establish educational goals and a plan to reach them. Without that “then the intent is good, but the consequences are bad,” said Ron Norton Reel with the CCA.

Lowenthal countered by reading a section of the bill that clearly states that community colleges won’t be held accountable unless they receive funding to carry out the provisions. “We all want additional funding,” Lowenthal said. “The people who support this bill, more than even the opposition, want additional funding.” Until that money comes, he said, colleges need to start preparing for the changes ahead.

Sunset, sunrise

Another of Chancellor Scott’s projects – which is about to expire – received a new lease on life by the Higher Education Committee. SB 1070, introduced by Senate President pro Tem Darrell Steinberg, would strengthen and extend the Career Technical Education Pathways Initiative funded by Scott’s 2005 bill, SB 70. These are typically academies within high school or middle schools where students learn many of their core subjects through the lens of a business or industry. Some are in community colleges.

At Laguna Creek High School in Elk Grove Unified School District, students in the Green Technology Academy learn science and math through hands-on experimentation with alternative energy. They build solar-powered vehicles, compare the effectiveness of different biofuels and study physics by making and launching small rockets and measuring their velocity and height.

“Every time I see one of these career pathways programs whether it be the partnership academies or linked learning or one of the other models, learning comes alive, and it comes alive without sacrificing rigor that prepares students for college and career,” Steinberg told the committee Tuesday afternoon.

Career academies should be tied to local business and industry needs. (Source: Career Academy Support Network). Click to enlarge.

SB 1070 would hold schools more accountable for success than its predecessor and require them to submit data about student outcomes. Initial funding would come from the Quality Education Investment Act. That’s the $3 billion program created to settle a lawsuit brought by the California Teachers Association against Gov. Schwarzenegger for failing to repay school districts and community colleges money borrowed from Proposition 98 in 2004-05 to help the state get through that year’s budget crisis.

The State Department of Education also funds the California Partnership Academy program. They’re all competitive grants and together the various funding sources support about 700 academies in California schools, according to the Career Academy Support Network at the University of California, Berkeley. Since 2005, the career tech academies have enrolled nearly 750,000 students, although they tend to be concentrated in about a quarter of the state’s 1,000 school districts.

The results are impressive. Attendance and graduation rates are higher in academies than in the comprehensive high schools where they’re located. Test scores are a little better too, even though many of the students – 50 percent, by law, in the partnership academies – are considered at risk.

“Overall, in the career advancement projects, we’ve seen a 90 percent retention; that’s huge, we don’t see that in our other programs,” testified Carole Goldsmith, the Vice Chancellor for Educational Services and Workforce Development in West Hills Community College District. The district runs a teacher pipeline with one of its career tech grants. “I think all of us intrinsically know that when you link education to hands-on approach to what industry wants, you’re going to engage students.”