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On the Backs of Children

How UTLA's teacher-layoff rules are devastating inner-city L.A. schools

Two years ago, when Principal Tim Sullivan, who saw educating inner-city children as his life's work, walked onto the Markham Middle School campus in Watts for the first time, it seemed like a "movie set," where Denzel Washington, star of Training Day, might suddenly appear. That's how much chaos Sullivan saw inside the school and on its nearby streets.

But the former college track star with limitless energy, who sees his sometimes-three-hour daily commute as a small sacrifice, fell in love with the kids and the community, and set about creating a high-performing inner-city school.

Adorning his office with a Muhammad Ali poster that bears the message "Impossible is Nothing," Sullivan dreamed that long-failing Markham could be turned around and serve as a model for national reform.

Now all of that is in jeopardy. Five thousand students who attend three of inner-city L.A.'s toughest middle schools — Markham and Gompers in Watts, and Liechty Middle School in Westlake, near MacArthur Park — face a second year with classes haphazardly overseen by roving substitute teachers, many of whom watch the clock while students fall further behind in science, math, English and history.

Pink-slip chaos is hitting hardest in L.A.'s inner-city schools, and far less so in more affluent areas, such as the Westside and West Valley, where layoffs have been minimal.

Under two longtime job-protection rules won by United Teachers Los Angeles, veteran teachers get to choose where they work — the school principal has little real control — and in addition, these older teachers are protected by a "last-hired, first-fired" rule.

The dual rules protect employees, not students. The dirty secret is that many veteran teachers prefer to work in nicer areas with less crime and more attractive surroundings, where students are better-behaved and better-educated. They choose West L.A., for example, or Woodland Hills, not Watts. When teacher layoffs come, L.A.'s middle-class schools are protected, while schools like Markham, with its many young teachers, are devastated. The ACLU says that's unconstitutional. Sullivan agrees.

Last fall, working-class Markham — a school controlled by Mayor Antonio Villaraigosa's Partnership for Schools reform group — lost 50 percent of its credentialed teachers, some of whom were rehired as long-term substitutes. Liechty, filled with mostly poor Latino kids, lost a staggering 72 percent.

But in nicer areas of LAUSD, with well-protected veteran teachers, just 10 percent or fewer were laid off.

The American Civil Liberties Union of Southern California, Public Counsel and Morrison & Foerster LLP sued LAUSD, asking Superior Court Judge William F. Highberger to halt a second wave of layoffs at Markham, Gompers and Liechty this fall while a solution is worked out. On May 12, Highberger granted a preliminary injunction protecting from layoffs 70 recently hired teachers at the three schools.

"I blame the system and the structure for refusing to look at other solutions," Sullivan says. "The district office and the union need to sit down and talk about alternative solutions that are in the best interest of the kids. Until they do, they are the problem."

ACLU chief counsel Mark Rosenbaum says, "If you wanted to take apart these schools and the reform efforts, and to tell the students they don't matter, this is the process you would use."

Superintendent Ramon Cortines largely agrees with ACLU's efforts. The cautious Cortines, seen as a caretaker rather than a reformer, uses a standard teachers' union line that "teachers need protection from capricious superintendents," but adds, "there also needs to be some flexibility, where principals can hire and retain the people they think are the most qualified."

Cortines feels a settlement can be reached if UTLA makes limited concessions. "[Union leaders] say they're reform-minded and want to help struggling schools. In conversations with them, they've told me that," Cortines says.

And UTLA President A.J. Duffy, in a statement, says, "UTLA's general counsel is in conversation with the ACLU attorneys, exploring ways to resolve this situation, which would be good for students and fair for teachers."

But is that really possible? Duffy and teachers' unions statewide have staunchly defended the teacher-seniority rules enshrined in California law. This year, they fiercely fought Senate Bill 955, backed by Gov. Arnold Schwarzenegger, which was designed to give schools latitude to retain some newer teachers targeted by the "last-hired" rule.

Senate President Pro Tem Darrell Steinberg, the most powerful legislator in the California Senate, yanked SB 955 amid teachers' union opposition, and is instead meeting with the various stakeholders.

Duffy has tried to move the subject away from teachers' union seniority rules — a stance that suggests any compromise Duffy might make could be minimal.

"It is unfortunate that the governor and his allies continue to choose to distract the public from the real question, which is, 'Why won't the governor and Legislature adequately fund public schools?' " Duffy asks.

The kids at Markham know an adult battle is raging — at their expense. Lead plaintiff Sharail Reed, an intense eighth-grader at Markham, flashes a sparkling grin. At 13, she dreams of attending Spelman College in Atlanta to become a lawyer or psychiatrist. She endured nine substitute teachers in her U.S. history class before a permanent teacher appeared.

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  • Barbara 07/29/2010 9:10:00 PM

    Another misleading article. Why would any veteran teacher go to these schools that are poorly run? Veteran teachers are usually much better than brand new teachers, no matter what the LA Times says. So how do you define a "good teacher?" It is harder than you think

  • Darlene 06/01/2010 10:35:00 AM

    If LAUSD adhered to the Rodriguez Consent Decree, which dictates that schools (and therefore the District) must EQUALLY distribute inexperienced teachers to all schools, this situation would probably not have happened. This decree, 10 years old at least, mandates having more expensive (and experienced) and less expensive (less experienced) mixed at like schools (elementary/middle/high) in comparable ratios. If followed, there should not be a preponderance of easily-RIFed teachers in these lower-performing schools. Let's put the blame where it belongs.

  • Randy Childs 05/20/2010 11:08:00 PM

    Yet another slanted, ideological hit-piece masquerading as "journalism" from the keyboard of Beth Barrett. It's positively Orwellian how union-bashers like Barrett are trying to flip the script and blame UTLA and teachers' unions for layoffs. HELLOOOO! UTLA has been fiercely campaigning against ALL budget cuts and ALL layoffs since day 1. UTLA just agreed to five furlough days this year and next to PREVENT the layoffs of 2100 teachers and PREVENT LAUSD efforts to raise class sizes (again) in response to the budget cuts. Barrett begins one sentence with "When teacher layoffs come..." as if it were some natural, cyclical event, like El Nino or the flooding of the Nile. But there is nothing natural about California's skewed tax system, where the richer you are, the less % you pay (see: California Budget Project) and where HALF of all profitable corporations pay ZERO taxes. Nor is there anything natural or inevitable about the massive economic wreckage caused by the unregulated casino that is Wall Street. Unions like UTLA always get attacked by the likes of Barrett for having "adult agendas," but you NEVER hear them criticize the adult agendas of the millionaires and the corporations who deliberately underfund public schools and then find ways to profit off the chaos. (see: Shock Doctrine by Naomi Klein) Utter hypocrisy. The editors of the Weekly should be ashamed of themselves for publishing such drivel beneath their masthead.

  • maciej 05/19/2010 8:25:00 PM

    What a great guy;he must havea big heart. Check out http://www.bailoutmainstreetnow.com for alternative news headlines and a knowledgeable community you can discuss topics. Also, you can upload your own news videos to share with the community.

  • Carol Trump 05/18/2010 10:24:00 PM

    I understand that continuity in a school is important for students. But the Partnership for Los Angeles Schools hasn't made a bigger difference to improving low income schools academic, social, or emotional climate. This article is a big hype, but the bottom line is that there are some serious deficits that have been going on in these schools for a very long time. Mayor Villaraigosa's Partnership is not the panacea to improving the quality of education in Urban schools. Let's not get it twisted, LAUSD has faced the same concerns and the Partnership Schools also are not the answer to improving the quality of education for students.

  • maciej 05/17/2010 10:31:00 PM

    Very interesting. Thank you for posting this; more people need to know about news like this. Take a look at baioutmainstreetnow.com Alternative Newspaper Main Street There Is A War On For Your Mind It’s your number one source for alternative news. Not only can you read the latest alternative headlines, but upload and watch content without censorship.

  • James R. Nolan 05/17/2010 12:32:00 PM

    My son Michael began attending John Liechty last September, and at that time the school did not have a principal--not a good sign. I attended a parent-teacher meeting not long after where some teachers (which included a teacher laid off from my son's elementary school at the end of the previous semester who was then hired by Liechty) addressed the current problems facing them re their jobs and their concern was not simply for themselves ; their compassion and dedication to the education of the kids was genuine, not a put-on. I can understand teachers wanting to work in good areas without conflict. I also know for sure there are teachers who overlook such obstacles, focusing instead on guiding these young minds towards a higher level of knowledge. I acknowledge that teachers with years of experience are a boon to the system. But I believe newer teachers should always have the basic human right to gain experience just as the veteran teachers did when they first started out. Teaching is like a business in a sense,yet it should not be run or seen like one. Even some of Liechty's students bad-mouth Gov. Schwarzenegger, holding him as equally responsible as the LAUSD for the morass we're mired in (and several hard-working students detest the fill-in [not the re-hired] substitutes they're frequently stuck with, which slows down their progress--my son said one sub actually fell asleep in the class), and it's nothing new--the school system has always been cocked up in one way or another for decades. When bigwigs run for public office, they hold fundraisers to raise money to promote themselves, but would they be altruistic enough to do it on behalf of public education?--probably not, because it's not personally profitable in non-election times.

  • Brian McClure 05/16/2010 5:57:00 AM

    An article this erroneous earns corrections. Teachers choose where to work? Well, yes, insofar as we send resumes and go to interviews like everyone else. Principals have no control? Who does Beth think hires all these apparently greedy and immoral teachers to begin with? At Uni High, where I teach, I was interviewed by a panel including the Assistant Principal, Department Chair, PTSA Rep, Union Rep, even the school secretary was there questioning me. I did not just show up and demand work. And why is it a "dirty secret" that anyone would wish to work in low-crime areas? Seniority is state law, not a union demand. This sort of agenda-driven, irresponsible writing must be left to Fox News. The editor should have corrected Beth's errors, but in lieu of that, Beth should explain herself.

  • Brandy Alexander alexander 05/15/2010 2:16:00 PM

    Beth Barrett and this article are a mess. Before you can write intelligently about something, reporting 101says know your facts before you write. Blaming teachers and their union yet again shows another person willing to gloss over the true problem of under funding federally, and a lack of the Obama administration to provide help to districts in financial crisis. Beth lives in a fantasy where all teachers are working the golden areas like Santa Monica for the easy way out. What a joke. As long as the federal government continues to penalize and sanction inner city schools and their teachers for low test scores, while no dealing with the real issues of economic hardships, health care, and a job......teachers will continue to move because they are being made a scape goat. Thank goodness one of the few benefits to the job is tenure, so at least you cannot be let go in lue of a "teach for america" person who has had NO experience and will leave teaching in 1-3 years anyway after they have fulfilled a loan repayment commitment. Hey, wall mart will soon have a 3 week training course for teachers interested in the inner city....let's give them a shot too!! Beth this article is a joke, and if your smoking gun are two high school student testimonial, perhaps you should dig a little deeper next time before you go slandering veteran teachers and a union that fights for children!! Shame on you. Perhaps you could go back to school yourself.

  • Jeff 05/15/2010 1:34:00 AM

    I'm a high school teacher in my 10th year. I don't know what to say. My district is cutting teachers and offering the oldest teachers a bonus to retire. The new teachers seem very sincere and willing to work, but inevitably some are going to have to wash out- it's the law of averages. Not everybody can be a teacher. It takes a lot of attributes and talents to stand in front of 180 teenagers with 180 personal agendas 180 days a year. Subject knowledge, management skills, time awareness, compassion, the ability to improvise and the most important- the ability to NOT take things personally, to stay a professional when it gets personal. I look at my students and see them as the future.

  • Joseph 05/14/2010 7:20:00 AM

    A company has two factories. One staffed with experienced long time employees. One staffed with new cheap employees. A new process will allow the company to cut staff in half. Would they release the cheap new employees or the veteran expensive ones? The expensive ones, of course. What do think all these companies sent their factories over seas for? Why are you Nikes made by children? This is what would happen with schools. Now, here are some actual facts. 50% of new teachers leave the field in 5 years. Multiple studies have shown the most effective cost way to improve student education is to have experienced teachers. Multiple studies have also shown that teachers do not gain the needed experience until they have 5 to 10 years of classroom experience. When did this myth that schools would improve by getting rid of all the experience and hiring new employees? Has this ever been true in any field ever? It defies common sense and every study ever done on the topic. Experienced teachers = better teaching.

  • Carrie 05/14/2010 6:11:00 AM

    Obviously you hate teachers and their unions. But I must question your journalist professionalism as your are lacking basic research for your opinions. The state's ed code sets the tenure laws, not UTLA. And tenure merely means due process before being fired - see the Scopes trial for an example why teachers need the protection of due process.

  • Gary Ravani 05/14/2010 1:29:00 AM

    This is a classic case of dealing with the symptom rather than the cause of the problem. Senior teachers are bailing from these schools because of poor management and working conditions. The "answer" seems to be to scapegoat the teachers and their contract. By the way, seniority rights for layoffs are a state law issue, not a contract issue. The real solutions involve management willing to make the tough choices that make the schools safe and orderly. Then the state needs to provide funding for small classes and other resources. Then evryone needs to bring some resources and order to chaotic communities where the students of these school spend 83% of their waking lives each year. Of course, the solutions will require dollars and (gasp) taxes beacuse CA is a barely above average tax state while it is the most expensive state to live in and to provide services. On the other hand, it is much easier and cheaper to beat up on teachers. That's what will happen and shame on the ACLU for not making the issues clear to the public.

  • Stuart Goldurs 05/13/2010 11:16:00 PM

    Should LAUSD send their new teachers to the hardest to staff schools? http://www.examiner.com/x-3311-LA-Public-Education-Examiner~y2010m4d14-Should-LAUSD-send-their-new-teachers-to-the-hardest-to-staff-schools

  • MIke Day 05/13/2010 11:13:00 PM

    Duffy makes the critical point, why doesn't the state adequately fund our schools? The other point is why doesn't the LAUSD, and districts across the state, do more to make Markham, Liechty, and MacArthur better places to work? There is a reason they have very young teachers, they have a tough clientel and lack resources and support. Don't blame teachers for wanting to work in an environmnet where they can be successful. Blame the district for not providing the tools to these schools so they can be successful also.

  • Chandra McLaughlin 05/13/2010 10:25:00 PM

    LAUSD is broken. Last hired first fired is killing our children's education. I wish that Senate measure was put to a popular vote. California's schools are a nightmare for kids and parents, seniortiy should not be so intensely valued, passion, skill and motivation should be what matter in a teacher. Oh, and whatever happened to Singapore Math at Ramona? Why kill a working system to spend money on a new one that doesn't? What is wrong with these bureaucrats?

  • David Tokofsky 05/13/2010 5:10:00 PM

    I remember the lawsuit the ACLU brought 20 years ago called Rodriguez where they argued that the schools in the inner city needed more veteran teachers. They argued that the relative revenue invested in experienced educators exceeded the expenditure for schools with inexperienced teachers. Now the new suit says we need more young teachers in the inner city? And those schools will retain the additional 30% of monies. When will we move from politics to instruction from form to substance?

 

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