Association of Bay County Educators

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The value of collective bargaining

 

Collective bargaining is the back and forth exchange of ideas intended to reach a contractual agreement between an employer and the organization that represents their employees — a union.  Federal and state laws, regulations, and court decisions govern the process.  Collective bargaining developed as a preferred method for employers and employees to resolve differences and reach agreements in an orderly and peaceful way.  It is also viewed as a method to limit employment-related lawsuits, while at the same time protecting employees from discrimination.  

Today, K-12 teachers, education support personnel, and higher education faculty and staff engage in collective bargaining in 43 states and the District of Columbia.  Bargaining subject matter varies from place to place, but the basics generally include salary, health and other benefits, professional development, and working conditions.  Negotiations may also address mentoring and induction of new teachers, equipment needs, planning time, curriculum and materials development, and class size.

Educators first began unionizing because then, as now, teachers were underpaid, especially in comparison to comparably educated professions.  Teachers could be — and were — dismissed for reasons having nothing to do with how well they did their jobs.  They toiled in aging facilities, overcrowded classrooms, and lacked essential supplies.  No single individual could change that, but collective action could.  Collective bargaining has achieved greater equity for teachers, education support personnel, and faculty    and it hasn’t come at the expense of educational quality, claims to the contrary notwithstanding.

Last session, the Florida Legislature debated legislation that would have weakened, or possibly even eliminated, collective bargaining rights for educators and other public employees.  Legislators who press for this kind of crippling legislation say that limits their ability to address the economic downturn and resolve the government’s budget crisis.  But these bills were not about saving money, nor cutting costs, nor resolving the budget crisis.  These bills were about one thing and one thing only:  silencing the voices of working men and women who don’t always agree with the people in power.  Such misguided legislative proposals were aimed misusing the government to silence political dissent. These bills strip public sector unions of the right to have a voice in government.  These bills are, in effect, union gag bills.   

State budget crises were not caused by collectively bargained compensation packages.  Rather, during more plentiful economic times, politicians gave away overly generous tax cuts and tax breaks for corporations and big business. 

Unions provide a voice to middle class workers performing critical jobs for our community—teachers and education support personnel, firefighters, police, and nurses.  Unions stand up for all middle class workers on the job and in the political arena—providing a needed balance to the voices of corporations and the super wealthy.

 

FEA suing state over pay cuts to teachers, other

state workers for pension “contribution”

The Florida Education Association has filed a lawsuit seeking to stop the 3 percent pay cut on teachers, school employees and other workers imposed by the Florida Legislature and signed by Gov. Rick Scott.

 

The lawsuit asserts that the legislation that requires 3 percent of the salaries of active members of the Florida Retirement System (FRS) be taken from employees to serve as “contributions” toward their retirement benefits is unconstitutional. The lawsuit further contends that the action by the legislature to reduce the cost-of-living benefits of those employees is also unconstitutional.

The lawsuit alleges that Florida law expressly provides that the Florida Retirement System is one in which employees do not have to contribute part of their salaries and describes that as a contractual obligation of the state. The suit claims that the legislature’s action unconstitutionally impairs those contractual rights.

 

The FRS collects retirement money for more that 900 state and local government employers in the state, covering 655,000 active employee members and providing benefits to 219,000 retired members. It has been a non-contributory plan since 1974.

 

During the legislative session, House and Senate leaders said they were worried about the retirement system meeting its obligations. But the Florida Retirement System has been shown to be one of the most actuarially sound state retirement systems in the country. It has weathered the economic crisis better than nearly all of the state pension systems.

 

In fact, the money derived from the 3-percent salary cut was not needed to shore up the strength of the system, but was used to make up a budget shortfall.


These salary cuts – essentially an income tax levied only on workers belonging to the Florida Retirement System – compound the losses experienced by teachers and other public school employees. Over the past four years, they have seen no raises or minimal raises, increased health insurance costs and layoffs. The retirement contribution only deepened those losses.

 

The lawsuit names Gov. Rick Scott, Chief Financial Officer Jeff Atwater, Attorney General Pam Bondi and John Miles, Secretary of the Department of Management Services, as defendants in the lawsuit. Scott, Atwater and Bondi are the members of the State Board of Administration that is responsible for overseeing the Florida Retirement System Trust Fund, and Miles runs the agency that oversees the fund.

 

A copy of the complaint, George Williams, et al. vs. Rick Scott, et al. can be found at http://www.meyerbrookslaw.com/Litigation.htm.


 

Advocates for education and religious groups
file suit to challenge amendment on 2012 ballot


Individuals and groups representing Florida’s public schools and religious community have filed a lawsuit challenging an amendment placed on the ballot by the Florida Legislature that would significantly alter the no-aid provision in the Florida Constitution.

The constitutional amendment, labeled Amendment 7 by the office of the Secretary of State,
would substantially alter the no-aid provision of the Florida Constitution, which has been in effect for more than 125 years. The provision, which is in Article 1, section 3 of the Constitution, protects the religious freedom rights of all Floridians by barring taxpayer-funded aid to religious institutions.

Plaintiffs contend that the ballot summary adopted by the Legislature is misleading to voters about the impact of Amendment 7 and violations the requirements that the summary be clear and unambiguous, and must state the legal effect of the ballot proposed.

The FEA has been joined in the lawsuit by Lee Swift of Punta Gorda, who is president of the Florida School Boards Association and a member of the Charlotte County School Board; Susan Summers-Persis of Ormond Beach, who is president of the Florida Association of School Administrators; Rabbi Merrill Shapiro, Temple Shalom in Deltona; the Rev. Kent Siladi of Rockledge, who is the conference minister for the Florida Conference of the United Church of Christ; the Rev. Harry Parrott of Clay County, who is a retired Baptist minister; the Rev. Harold Brockus of St. Petersburg, a retired pastor of a Pinellas Park church affiliated with the Presbyterian Church USA and the United Church of Christ; Rabbi Jack Romberg of Temple Israel in Tallahassee; and the Rev. Bobby Musengwa, who is pastor of Maximo Presbyterian Church in St. Petersburg.

 

The lawsuit also challenges another piece of legislation passed by the legislature this year that provides that the state attorney general may rewrite a ballot title or summary if the court removes it from the ballot. The lawsuit says that under the Florida Constitution, the legislature may not delegate its expressed duties to another branch of government.

 

A copy of the complaint, Rabbi Merrill Shapiro, et al. vs. Kurt Browning, can be found at http://www.meyerbrookslaw.com/Litigation.htm.

 

 

 

 

 

 

 

 

Teacher quality and student achievement

FEA believes teacher compensation should be based on things that make a real difference to our children’s learning. Evidence shows that fair pay, high quality professional development and rigorous evaluation encourages teachers and helps to ensure better results for students.

No one wants ineffective teachers in classrooms, especially not fellow educators.  But, we need teacher assessment and evaluation systems that are rigorous and fair and designed to strengthen teacher practice and improve student learning.  Measures of teacher performance should be based on multiple ratings and clear teaching standards. Those who are consistently unable to meet the standard of practice should receive targeted support, and if they do not improve, they should be removed from the classroom.

Florida has a long history of doing performance based pay the wrong way. Since the late 1990s, we’ve squandered precious time, money, effort and political capital on schemes that have failed to produce any meaningful results. Millions of dollars have been wasted on developing and implementing Florida statute 1012.22, BEST, E-Comp, STAR, MAP, and Race To The Top 1.  More will be wasted on the newest performance based pay plan, SB 736, unless we are willing to acknowledge why all the others have failed.

Unfortunately, Florida has again put the proverbial cart before the horse.  The incentives and sanctions required by SB 736 are far ahead of the infrastructure and technology necessary to align student learning growth with effective teaching practice.

A successful performance based pay plan is contingent on several critical elements:

1.)    Teachers must be correctly linked to the students they teach.   There is currently no system in place that accurately links teachers with their students. 

2.)    There must be sufficient verifiable data to make career-supporting or ending decisions. Value-Added Model [VAM] experts recommend at least three years of data.  Florida has only one year of verifiable data available and DOE has no plans to verify historical data. Consequently, some districts are treating 2011-12 as year 1 of the evaluation process and others are treating it as year 3.

3.)    The data must be appropriate to the subject(s) taught by the teacher.  There is minimal or NO subject area data available for approximately 60% of Florida’s teachers because they do not teach FCAT subjects in grades 4 thru 10. 

 

New teachers, even those who teach FCAT subjects, have no existing data associated with them. 

PreK-2 teachers, 11-12th grade teachers, PE, music, art, technology teachers have no FCAT scores associated with their teaching position.  Tests and data are not yet available to follow student learning growth in any of these courses.

 

For these teachers, school districts must either:

  • Develop data streams for each teacher using student learning growth or performance data on their own district developed tests;

  • OR, (if these district level tests do not exist or there is insufficient student data) create data streams from existing FCAT data tangentially related to a teacher’s position by:

  • Determining a comparison pool of similar teachers;

  • Developing their own VAM formula or apply the DOE-developed VAM formula;

  • Arriving at a VAM score for each teacher by comparing them to other teachers in the pool;

  • Correlating these VAM scores with the VAM scores for FCAT teachers;

  • All, while ensuring the accuracy of the data and processes used to construct VAM scores for each teacher.

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  • The VAM formula must address and adjust for factors that are out of a teacher’s control so that teachers are not rewarded or punished unfairly.

This is the first year of a complex system, and we do not know all of the factors that should or should not be included in order to fairly ascertain a teacher’s effectiveness.

The Student Growth Implementation Committee (SGIC) worked diligently to include a number of factors in the VAM calculation; however, there was deep concern about other factors outside a teacher’s control that may need to be included, such as student discipline, available technology, student homelessness and course complexity.   Committee members were assured that many of these variables would be studied over time as the VAM model is implemented.

5.)    The VAM process must provide understandable, unconditional, conclusive information on teacher effectiveness as it relates to student learning.

      Even for FCAT teachers, the method by which the value added data is calculated creates an                 “uneven playing field” and risks damaging vital collaboration within the school and within the school district.

For the 40% of teachers who have FCAT data associated with their teaching position, the DOE VAM formula uses teachers within schools as the comparison pool.

VAM scores for teachers in high performing schools are likely to regress to the mean; it will be very difficult to identify high performing and/or low performing teachers at high performing schools.

Teachers in low performing schools are more likely to demonstrate the extremes in the VAM range.  Highly effective and unsatisfactory teachers will be more prevalent in low performing schools, even if their actual teaching performance is equal to that of a mean-score teacher at a high performing school.

Districts are required to set ranges across the district even though the calculation is computed within the school, forcing an apples-to-oranges comparison. 

Other issues:

  • The viability and usefulness of a complex VAM formula is only as good as the data used in the calculations:

  • Much of the data being used for the VAM model is data that was gathered for different accountability purposes; e.g. daily attendance for FEFP funding.

  • Currently attendance data is gathered as daily attendance, not by course attendance; even though the teacher’s value added score should reflect actual student attendance data for each course, it does not.  The DOE is beginning this process now, but the data is not available for 2011-12 teacher evaluation computations.

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  • There is no model available to guide districts as they:

  • Correlate VAM score for FCAT and non-FCAT teachers with statistical fairness;

  • Correlate both elements of the new evaluation system (Instructional Practices and the VAM scores) on differing scales with statistical fairness.

Students need effective teachers in order to learn and grow into responsible, creative, persistent, productive citizens.  Teachers need collaborative, supportive administrators and colleagues to maximize their knowledge, skill and perception so their teaching practice truly inspires and affects students. 

Unfortunately, the “Student Success Act”, aka SB 736, provides neither.  Rather, it forces radical changes on our schools based on limited data and unworkable timelines...and with no funding. 

Proponents of SB 736 have consistently argued that the more students learn, the more teachers will earn.  Sadly, not one dollar was allocated in SB 736 to raise teachers’ salaries or sustain the student gains we have made.

 

 

Florida’s newest performance based pay plan:

·         Will dramatically increase student testing.  More tests mean more days of testing and test preparation and fewer days of teaching and learning;

·         Will cost local school districts millions to develop and implement these new tests.  While districts are not required to fund performance pay until 2014, this legislation forces them to immediately begin developing and implementing hundreds of additional FCAT-style tests along with a new evaluation system. Some estimates say the total cost of new tests, technology and software could be over $2 billion, yet the legislature provided no new funding;

  • Reduces a school district’s flexibility and authority over teacher evaluations, pay schedules and working conditions, despite all the talk about local control and less government;

  • Requires more of teachers and gives them less.  This bill places all responsibility for improving student achievement on the shoulders of teachers but does not reward them unless they give up their continuing or professional services contract and due process rights;

·         Fails to ensure that highly effective and effective teachers will not be dismissed for issues unrelated to student performance. Under this new system, a teacher can be non-renewed even if their student achievement is high and their teacher appraisal system rating is highly effective or effective;

·         Penalizes those who strive to improve their teaching skill through further education by eliminating salary supplements for some advanced degrees.