Like Reagan, Stull was a Republican, which meant he didn't believe in the heavy hand of government. "The major debate was, 'Should there be state oversight?' " Mockler recalls. "Stull was adamant: He believed in local control. He thought districts would just comply" with the California law.
Mockler, a Democrat who later served in top education jobs under former Gov. Gray Davis, today adds wistfully: "Stull was right on many things but not on that."
ILLUSTRATION BY FRED NOLAND
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So local school districts like LAUSD were left with wiggle room when it came to how to enforce the Stull Act. There was no state oversight or enforcement mechanism. and no punishment if a school district ignored the law. Until, perhaps, now, in court. "In the 40 years since the California Legislature passed the Stull Act, the LAUSD has never evaluated and assessed the performance of any of its certificated staff in compliance with the Stull Act," states the lawsuit. "Sadly, the district has abdicated its duty to the children."
Judith Perez, president of the Associated Administrators of Los Angeles — the union whose 2,100 LAUSD administrators are accused in the lawsuit of failing to hold L.A. teachers to any serious benchmark — insists that's not fair.
"The lawsuit is leaving out major chunks of what's done," Perez says. She argues that teachers are evaluated by principals in many ways, often informally, adding, "The most important thing between a teacher and a principal is the actual conversation."
David Tokofsky, a former LAUSD board member who is now a consultant to the administrators union, argues that measuring student progress in order to rate teachers doesn't necessarily require considering how well, or how badly, kids do on tests: " 'Assessment' does not have to be 'test,' " Tokofsky says. "It does not have to be these reductionist test scores."
But Bill Lucia, president of EdVoice, a Sacramento advocacy group providing technical assistance to those who are suing, says the plain language in a Villaraigosa-sponsored 1999 amendment to the Stull Act requires that school districts use student test scores when judging how the teacher is doing.
"You have to use an objective measure," Lucia says, to know whether the children under a specific teacher are able to read, write and compute math problems at the level expected of students their age.
The UTLA (which declined to comment for this article) and administrators union are insisting that any change in judging the effectiveness of teachers be hammered out as part of the teachers union contract negotiations — under way right now.
Attorney Witlin finds that absurd, saying, "The district shouldn't have to cajole its workers into compliance with the law."
Superintendent Deasy, who ducked the Weekly after saying he'd love to talk about the issue, has appeared to indicate he may agree with Witlin. The lawsuit quotes a speech Deasy made at Occidental College in which he said the current system of evaluation "is fundamentally useless. It does not actually help you get better at [your] work and it doesn't tell you how well you're doing."
But it's one thing to say that in a speech, and another to say it in a courtroom.
Lawsuit opponent Tokofsky, suggesting that Deasy might be "collusive" with those suing, throws down a political challenge to the LAUSD Board of Education: "I think the board should ask [Deasy], 'On the scale of 1 to 10, how hard is the district gonna fight this [lawsuit]?' "
The district has, under Deasy's leadership, taken a few baby steps toward fixing the rubber-stamp evaluations of the district's 33,000 teachers. The antiseptically named "three-year three-phased plan" (also called the "pilot program") is a program in which willing teachers and principals are evaluated using students' test scores.
The pilot program hasn't exactly drawn a throng of teachers hoping to find out how they measure up. Only about 3 percent of certificated employees have decided to participate.
The lawsuit derides the pilot program as too little, too late, stating: "A pilot may have been appropriate 39 or even 35 years ago but not after decades of dereliction of duty and child neglect."
Even the timid, all-volunteer step represented by the pilot program was met with fierce resistance by UTLA. The teachers union hauled LAUSD officials in front of the Public Employment Relations Board, arguing that the district was not negotiating in good faith by enacting the pilot program without the union's say-so.
"It became apparent when the district instituted the pilot program and the union fought even the pilot — something is very wrong here," Witlin says. "Administrators and teachers — neither group wants to be held accountable for what they do."
Witlin, a commercial and employment litigator who's fairly new to the school-reform wars, is representing parents who've asked to remain anonymous. Perez, representing the principals union, says, "I wonder, who is Barnes & Thornburg representing? Who are the clients? Who is funding the lawsuit?"
Witlin refuses to discuss who hired him. Unions charge that the suit is funded by such 1 percenters as Eli Broad, Frank Baxter and Bill Gates (education-reform proponents Broad and Baxter sit on the board of EdVoice, while Gates is the biggest giver to education-reform efforts in the country).