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Outing Lemon Teachers at LAUSD

33,000 teachers, now always stamped "satisfactory," might finally get graded

Teachers call it "getting stulled." Newbie teachers in Los Angeles classrooms are evaluated once annually for the first two years. Then, with that minimal experience under their belts, they're almost all granted automatic lifelong tenure. After that, evaluations of thousands of these still-green Los Angeles Unified School District teachers become less frequent.

The teacher evaluation is no big deal, a four-page form with categories such as "Uses the results of multiple assessments to guide instruction" and "Regularly arrives on time, starts class on schedule."

Each item offers three check-box choices to indicate the teacher's ability: "Meets," "Needs Improvement" or "No."

No check box exists in the vast LAUSD for "Exceeds."

These teacher ratings, which parents and the public are not allowed to see, are called Stull Evaluations, hence, getting stulled. The ratings are widely seen as a rubber stamp, with 95 percent of the district's 33,000 teachers rated satisfactory. With all that apparently solid teaching going on, only 56 percent of students graduate from high school.

"It's a useless process that doesn't do anyone any good," says former LAUSD Board of Education member Yolie Flores, president of Communities for Teaching Excellence, one of many who says the Stull isn't an evaluation at all.

LAUSD Superintendent John Deasy recently said it's possible to imagine "schools where 3 percent of the students are proficient at math and 100 percent of the teachers are at the top rating performance. That doesn't make sense to me whatsoever. And it doesn't make sense because the rating performance does not actually help teachers get better."

Now, riding on a wave of calls to upend how teacher competence is judged, a group of anonymous parents along with Skid Row educator the Rev. Alice Callaghan are suing LAUSD and its two big employee unions, United Teachers of L.A. and the Associated Administrators of L.A.

Their lawsuit charges that the school district is defying the law by failing to enforce the Stull Act, the 1971 California law that established the teacher evaluations.

"This isn't some hidden piece of the education code. This is one of the centerpieces," says Scott Witlin, an attorney for Barnes & Thornburg, representing the plaintiffs. The anonymous parents and Callaghan had sought an injunction against any new union contract being signed between UTLA and the LAUSD board, which fails to enforce the Stull Act. Instead, the judge set a pretrial hearing for Nov. 21 in L.A. Superior Court.

The parents, who filed suit as Jane Doe et al., said they decided to remain anonymous because of their fear of "real danger of physical or mental reprisal."

The suit demands that the school district immediately institute a system of evaluating its teachers, which measures their pupils' progress.

This idea, dismissed for decades by education unions as fringe thinking, is gaining steam in surprising quarters, creating new alliances among Southern California parent groups, civil rights groups, political groups and education groups. Says Witlin: "It's not really a revolutionary concept in America that when you do a job, the outcomes matter."

The use of children's test scores to evaluate the competence of adults is sometimes called "value-added analysis," and was the subject of a 2010 Los Angeles Times exposé, "Grading the Teachers." Then–UTLA President A.J. Duffy demanded that the explosive newspaper series be unpublished from the Internet, and angry teachers marched on the Times. The Times series attracted more than 1 million online readers and won several awards for reporters Jason Felch, Jason Song and Doug Smith.

In a recent written statement, Mayor Antonio Villaraigosa supported the premise of the new lawsuit, saying, "It should be no surprise that the parents and students of LAUSD have chosen to go to court to require the district to at least follow the laws on the books today," which he helped write as speaker of the Assembly.

After years of debate over how to grade teachers and root out the ineffective ones, could a 40-year-old law really settle the matter?

In 1969, a San Diego Republican assemblyman named John Stull was put in charge of the state legislative Subcommittee on Educational Environment. His main task was to deal with mass protests sweeping college campuses all over the state, but in his spare time, he would revamp the way teachers were evaluated.

The Stull Act says that school districts must evaluate "certificated employees" (not just teachers but administrators, principals and nurses) using four specific criteria: pupil progress, instructional techniques, adherence to curriculum objectives and the learning environment.

The first criterion, "pupil progress," predated today's value-added analysis debate by about four decades.

John Mockler, California's unofficial historian of education-reform laws, was a subcommittee staffer who helped craft the original legislation. "It's not exactly value-added, but the idea is the same," he says. "We wanted to see how kids would improve."

The law says that any teacher or administrator found lacking on the four criteria is to be given help. If that fails, the teacher or administrator is to be shown the door. The California Teachers Association, UTLA and other teachers unions fought the Stull Act tooth and nail. But it was approved, and then-Gov. Ronald Reagan promptly signed it into law.

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