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Unions party like it’s 1886

Tenure Tremors in California

The Unions’ Assault on Truth

The teachers unions continue to mislead its members and everyone else.

In the latest issue of the California Federation of Teachers quarterly newsletter, CFT president Josh Pechthalt writes “The lawsuits that educators and unions must defeat,” which is referred to as a “special report” – special because it is especially filled with half-truths, omissions and lies.

Pechthalt starts his piece with, “Education unions and public sector unions are facing legal attacks designed to destroy our ability to represent our members. Not surprisingly, these cases are supported by the usual anti-union law firms and wealthy backers. What follows is a snapshot of the cases CFT and other unions are now fighting.”

He then delves into four lawsuits he claims are an “attack on union treasury driven by wealthy education ‘reformers.’”

The first lawsuit on Pechthalt’s hit list is the Friedrichs case which, if successful, would make paying dues to a public employee union voluntary. The union boss skirts the essence of the suit and instead focuses on a secondary aspect. He writes, “While a complete elimination of agency fee is unlikely, the Supreme Court could make it more difficult to collect agency fee payments, which would have a serious financial impact on unions, weakening our ability to advocate for our members and be engaged in politics.” First, if his scenario is correct, dues collection could be more difficult, but only for teachers who don’t want to join the union. And he doesn’t mention the benefit to the taxpayer who, at least for the latter group, could be out of the dues collection business. Secondly, the ability to be “engaged in politics” is rather humorous. What Pechthalt doesn’t mention is that their spending goes to only leftist causes and many donations go to groups that have nothing to do with education whatsoever. A brief look at the union’s parent organization’s latest labor department filing shows that teachers’ dues money went to organizations like The National Newspapers Publishers Association and the Greater Cincinnati Coalition for the Homeless. And what teacher isn’t going to be thrilled that the union donated $250,000 to the Clinton Global Initiative and another $250,000 to the Bill, Hillary & Chelsea Clinton Foundation? (Only about 13 percent of money given to the latter winds up as charitable grants for those in need. The rest is spent on salaries, benefits, travel and fund-raising.)

Pechthalt’s next hit is on the Students Matter or Vergara case, which he uncleverly dubs “Students Don’t Matter.” In this well-publicized case, the judge struck down the tenure, seniority and dismissal statutes in California’s constitution. Pechthalt claims that these statutes “protect teachers’ ability to teach free of coercion and favoritism.” Baloney. No one in the private sector is entitled to have a job for life and gets to keep their position over a more talented colleague thanks to nothing more than an earlier hiring date; why should public employees merit such extraordinary privilege? All these statutes do is guarantee that mediocre and worse teachers are on equal footing with the good and great ones. And our poorest children have paid the price for decades.

The union president then rolls into Doe v Antioch, litigated by Gibson, Dunn & Crutcher, the same firm that was responsible for Vergara’s success. This suit is based on a 2012 ruling in which Sacramento-based nonprofit EdVoice correctly maintained that teacher evaluations require, in part, the use of standardized test scores and the judge promptly ordered their inclusion. However, in a report released earlier this year that sampled 26 districts’ compliance with the decision, EdVoice found that half of them were ignoring the court-ordered requirement to use the test scores. Pechthalt claims that, “While a 1999 law amended the 1971 Stull Act to broadly include the use of test scores, the advocates for education unions contend districts were given latitude to negotiate language relevant to their needs.” Fine. But the law says that student test scores still must be used as some part of a teacher’s evaluation. “Latitude” doesn’t mean “none.”

Pechthalt’s last broadside is saved for Bain v CTA, which he subtitles, “I-want-it-all-for-free.” This is a lie, plain and simple. The plaintiffs in this case want to belong to the union, are willing to pay dues, but don’t want to support the union’s political agenda. Maybe they don’t feel like supporting the Clintons. Or maybe they’d like to decide for themselves if their hard-earned money should be given to the Greater Cincinnati Coalition for the Homeless. Or maybe they are actually in favor of the reforms that teachers unions regularly fight against in Sacramento.

Sad to say, Pechthalt is not unique. Distorting the truth is very common with union bosses. AFT president Randi Weingarten has proclaimed, “If somebody shouldn’t teach – if somebody can’t teach – they shouldn’t be there.” Nice words, but she doesn’t mean a word of it. During her reign as head of the New York City teachers union, just 88 out of 80,000 teachers lost their jobs for poor performance over a three year period.

The AFT also got caught in a whopper when it claimed in 2014 it had no agency fee payers – teachers who still have to pay money to the union but have exempted themselves from paying for the union’s political agenda – even as AFT locals reported that thousands have gone the agency fee route. In 2015, the union reported exactly one agency fee payer. One.

It’s not only teachers unions that have a loose relationship with facts. UnionWatch’s Ed Ring has given us a primer in Deceptive and Misleading Claims – How Government Unions Fool the Public. It is up to teachers, citizens and journalists to learn the truth and start calling unions on their BS. Maybe then their lies will stop, or at least slow down a bit. Maybe.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Loss of LIFO

If Eli Broad’s charter school plan goes forward, there will be a major shake-up in the ranks of LAUSD teachers.

Philanthropist Eli Broad’s ambitious plan to create 260 new charter schools over an eight year period in Los Angeles, enrolling at least 130,000 students, will have major ramifications for many of the city’s 25,600 teachers. With this in mind, the Los Angeles Times Howard Blume wrote “Thousands of LAUSD teachers’ jobs would be at risk with charter expansion plan” last week. (Interestingly, the online version of the piece was originally titled “L.A. charter school expansion could mean huge drop in unionized teaching jobs” – a more honest title.)

The Broad plan would include places for about 5,000 more charter school teachers, which simply means that 5,000 thousand current teachers in Los Angeles could be displaced. What Blume’s article doesn’t address is just which teachers will be losing their positions. Due to seniority or last in/first out (LIFO) – a union construct that is written into the California Constitution – the teachers who could lose their jobs would not be the 5,000 poorest performing ones, but rather the 5,000 newest hired. But there is a silver lining here. While some of the 5,000 should not be in the profession, many are good teachers and some are terrific. And the latter groups will not be unemployed for long, because charter schools are independent (mostly non-unionized) and therefore not beholden to the district’s industrial style employment hierarchy, so competent teachers will be snapped up.)

20151014-UW-Sand
Philanthropist Eli Broad

Blume mentions that the new plan refers to “hiring from an expanded Teach For America and other groups that work with young, inexperienced instructors” and “makes no mention of recruiting instructors from the ranks of L.A. Unified.”

The plan might not make any mention of recruiting current teachers, but clearly the charter schools could not fill their ranks with all rookies. And therein lies the beauty of the Broad plan. Those rehired would be the good and great teachers who are working now because they are qualified, not because they are LIFO-protected.

Broad spokeswoman Swati Pandey elaborated: “We are in the process of listening to educators and community members to determine how best to support the dramatic growth of high-quality public schools in Los Angeles. We know that without great teachers, there can be no great public schools. We’re eager to engage and support teachers as part of this work.”

Needless to say, United Teachers of Los Angeles president Alex Caputo-Pearl had a different take. He said, “The charters are specifically looking for educators who have not had the experience of being in a union, which means that, by and large, they’re looking for teachers who may find it more challenging to raise their voice about curriculum or school conditions.”

The experience of being in a union…? What?! And where does he get the idea that only unionized teachers dare to speak up about “curriculum and school conditions?”

But then again, maybe the UTLA boss is just mouthing the union party line and his transparency should be applauded. In 2009 UTLA president A.J. Duffy told a group of young teachers at Liechty Middle School, “Saving your jobs would mean that more experienced teachers would lose theirs. Seniority is the only fair way to do it . . . and any exception would be an act of disloyalty.” The California Federation of Teachers website claims that “Seniority is the only fair, transparent way to administer layoffs. It ensures equal treatment for all teachers.” (Yes, for Teachers-of-the-Year and incompetents alike, LIFO does ensure “equal treatment.”)

Others who actually have children’s and parents’ best interests at heart have a different view, however. Alluding to the teachers unions’ claim that thousands of teachers will need to be recruited over the next decade, Jim Blew, president of the Sacramento-based advocacy group StudentsFirst, said, “… they say there’s no room for teachers from organizations with proven, documented records of creating quality teachers…. L.A. needs more great teachers, and everyone should welcome them regardless of who recruited them to the city.”

Jason Mandell, Director, Advocacy Communications of the California Charter School Association (CCSA) added, “Great teachers change students’ lives. Charter school teachers do that every day and the evidence is in their students’ progress. Teachers are the heroes of the charter school movement.”

And parents agree with both Blew and Mandell.

As CCSA points out, there are 40,000 kids on charter school waitlists in Los Angeles, unable to enroll in a high quality school of their parents choosing because there aren’t enough seats. Also, as I pointed out a couple of weeks ago, the recently released California Assessment of Student Progress and Performance (CAASPP) scores showed that only one-third of students in traditional LA schools performed up to their grade level in English and one-fourth did so in math, while LA charter students far outpaced their counterparts.

It should be noted that the current seniority and tenure laws, both of which are toxic to students, are imperiled. In the Vergara case, Judge Rolf Treu ruled these byzantine legal protections unconstitutional and went on to say that “it shocks the conscience.” However, the state and the teachers unions are appealing the decision. And even if Treu’s decision is upheld, we have no guarantee that the archaic statutes will be replaced by anything much better.

In summing up the situation, we are left with the following:

  • Charters allow children to escape from the antiquated zip-code monopoly education system.
  • Charters only flourish if parents choose to send their kids there.
  • Kids on average get a better education in charters.
  • Good teachers will always find work.
  • Charters will choose and retain the best teachers who fit in with their mission.
  • Poor-performing teachers will find it difficult to stay in the field.
  • Unions will have less money and power, due to diminishing ranks.

In other words, the Broad plan is a win-win-win situation for good teachers, children and their families. Mr. Caputo-Pearl, does that matter to you at all?

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Split Roll and the Bottomless Hole

A union-led initiative wants to eliminate Prop. 13 benefits for businesses.

California’s Prop. 13, wildly popular on both sides of the political aisle, is under siege by unions. Using the Orwellian name “Make It Fair,” a coalition led by the California Teachers Association, California Federation of Teachers, SEIU and their friends has decided that they can milk businesses to the tune of $9 billion a year via a new ballot initiative.

As Dan Walters explains, “Proposition 13 limits property taxes on all forms of property to 1 percent of value, plus what’s needed to retire bonds and other debts, and limits increases in value to no more than 2 percent a year, except when properties change hands. Newly constructed homes and commercial buildings are placed on the tax roll at their initial values, but are protected by the limits thereafter.”

While it is true that there are a few loopholes which probably should be addressed on the commercial side of Prop. 13, the promoters of the so-called split roll initiative are using that as an excuse to essentially gut the tax protections for businesses. It is tantamount to owning a smooth-running automobile with an oil leak and being told you should ditch the car. To that end, Jon Coupal and Robert Lapsley joined together in 2014 to sponsor a reform bill that would have eliminated the loopholes. They explain,

AB 2371 was authored by the chair of the Assembly Revenue and Taxation Committee, Raul Bocanegra, and San Francisco-area Assemblyman Tom Ammiano and supported by a broad coalition of business and taxpayer organizations. Most importantly, we also had the support of the California Tax Reform Association (who is pursuing the split roll initiative) as it passed overwhelmingly off the Assembly floor.

But then a strange thing happened on the way to the Senate. The California Tax Reform Association suddenly flip-flopped and withdrew its support in the Senate, saying that AB 2371 was not real reform after all. Why? Because they realized that taking care of a potential problem would actually create a bigger problem for their political agenda to pass a split roll initiative next year. The California Tax Reform Association and other groups want to preserve the ‘loophole’ issue as one of their key messages in the 2016 campaign.

The unions would have us think that the state of California doesn’t receive its fair share of taxes. Of course nothing could be further from the truth, and most of us who pay them as residents and property owners in Taxifornia know it. As San Diego tax fighter Richard Rider informs us:

CA now has by far the nation’s highest state income tax rate. We are 21% higher than 2nd place Hawaii, 34% higher than Oregon, and a heck of a lot higher than all the rest – including 7 states with zero state income tax – and 2 more that tax only dividends and interest income.

CA is so bad, we also have the 2nd highest state income tax bracket. AND the 3rd.  Plus the 5th and 8th.

CA has the highest state sales tax rate in the nation. 7.5% (does not include local sales taxes). Two new 2015 bills seek a combined $10 billion++ CA state and local sales tax increase. At least one will likely pass.                          

CA has the nation’s 2nd highest gas tax at 63.8 cents/gallon (Jan., 2015). Add in the new 10-15 cent CA “cap and trade” cost and CA is easily #1. National average is 48.3 cents. Yet CA has the 6th worst highways.

CA in 2014 ranked 17th highest in per capita property taxes (including commercial) – the only major tax where we are not in the worst ten states. But the median CA property tax per owner-occupied home was the 10th highest in the nation in 2009 (latest year available).

That the teachers unions are promoting another tax raise at this time is especially galling. Due at least in part to the union-orchestrated Prop. 30 in 2012, Governor Jerry Brown has just announced a revised budget which will see billions headed for schools over the next few years, including $3.1 billion for the current year and $2.7 billion for next year. K-12 education funding will increase $3,000 per pupil – a 45 percent boost – over 2011-12 levels.

But is it possible that the unions will be affected by their own proposition? As Mike Antonucci points out, it isn’t clear if they will be exempt from the provisions in the initiative. CTA’s building in Burlingame is assessed at $22 million and its 2014 tax liability was $265,000 or about the same 1.2 percent rate my wife and I pay for our home in Los Angeles. CTA’s and other unions’ tax bills could increase considerably if the prop flies. So it would hardly be a surprise if they tried to carve out an exemption for themselves. (Please keep in mind that that at the same time CTA is trying to stick it to tax-weary Californians, it brings in about $185 million a year in forced dues and pays not a penny in state and federal income tax.)

However, even if CTA and other public employee unions are not exempted, they may figure that they will still make out because that extra $9 billion will enable the state to hire busloads of new employees, all of whom will be forced to pay the unions if they want to work. In short, it will be an investment with a great ROI.

If successful, what are the ramifications of this initiative for California? The Orange County Register points to a March 2012 study from the Pepperdine University School of Public Policy’s Davenport Institute. It found that “adopting such a ‘split-roll’ property tax would result in a loss of nearly 400,000 jobs and $72 billion in economic activity in the first five years.”

Grim news for Californians. However, Texans are grinning ear-to-ear, baking cookies and ordering evermore welcome mats.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Teachers Unions Appeal Vergara

… and continue to block any and every meaningful reform the California state legislature has to offer.

On May Day (how fitting!) the California Teachers Association and the California Federation of Teachers filed their appeal of the Vergara decision. In that 2014 ruling, Superior Court Judge Rolf Treu struck down California’s teacher tenure, layoff and dismissal laws, claiming that they deny students access to a quality public education, especially those from poor and minority families.

In a PR move, union bosses have been taking their rather lame case to the media. CTA president Dean Vogel somehow managed to maintain a straight face when he stated, “This suit was never about helping students. As educators we believe every student has the right to a caring, qualified and committed teacher and that is why we are appealing the judge’s misguided decision.” Then, tossing in some class warfare for flavor, he added that the judge failed to take into consideration “the impact of a severe lack of funding and growth in poverty which are some of the most important factors impacting student achievement.” (Actually, most studies have shown that the most important factor in student achievement is the effectiveness of the teacher.)

CFT President Josh Pechthalt, avoiding the merits of the case, did his typical “class warfare first, last and always” song and dance. “Wealthy anti-union advocates like David Welch, the funder of this suit, are obscuring the real problems of public education, which are best addressed by restoring funding to programs that ensure student success. It is not coincidental that the law firm he retained is one of corporate America’s leading anti-worker, anti-union firms.” (Increasing funding doesn’t “ensure” anything. Far from it. We have almost tripled education spending in forty years with nothing to show for it.)

A confident Lily Eskelsen García, president of the National Education Association, said she fully expects the California Court of Appeal will return education policy to where it belongs: the legislature. “Every student deserves a highly effective teacher in his or her classroom. The California legislature has worked to provide fair due process protections that ensure quality teachers are in every classroom. Due process prevents good teachers from being fired for bad reasons, and it protects teachers’ professional judgment and academic freedom.” (“Due process long ago morphed into “undue” process; even pedophiles have a hard time getting the ax.)

Perhaps the NEA’s leader’s comments are most galling of all. First she seems to forget that a whole load of ugly Jim Crow laws were eradicated by the courts. I highly doubt that Eskelsen García would have groused about judicial activism in those cases. (By the way, Judge Treu did not make any laws; he just ruled that several laws on the books are unconstitutional.) Another reason her “policy belongs in the legislature” comment is nonsense is that CTA has a lock on that body. With its forced dues scheme, every public school teacher in the Golden State is made to fork over on average more than $1,000 a year, with much of that money going to buy legislators. Parents, kids and taxpayers have no mechanism to match the union’s wildly unfair advantage. So in essence, Eskelsen García is forcing us to play cards – but only with a deck that the unions have carefully stacked. It is commonly said that CTA is an important wing of the Democratic Party in California. It’s more accurate to say that the Democratic Party is really a wing of the powerful California union.

In fact, prior to Eskelsen García’s statement, several California state legislators already had attempted to pass legislation with Vergara in mind.

• Assembly Bill 1044 (Assemblywoman Catherine Baker, R-Dublin) would have eliminated “last-in-first-out” by declaring seniority cannot be the sole factor governing layoffs.

• AB 1248 (Assemblyman Rocky Chávez, R-Oceanside) would have extended from two to three years how long it takes for teachers to win tenure and would allow administrators to  revoke tenure if teachers have consecutive poor performance reviews.

• AB 1078 (Assembly Minority Leader Kristin Olsen, R-Riverbank) would have increased the number of ratings teachers could be assigned and would require educators to be evaluated in part based on student test scores.

Not surprisingly, these bills – modest as they were – never really had a chance. Each one was summarily killed in the CTA owned-and-operated education committee in the State Assembly.

Then there was AB 1495, introduced by Assemblywoman Shirley Weber, D-San Diego. Whereas existing state law calls for two teacher ratings – satisfactory and unsatisfactory – Weber’s bill would have added a third teacher rating of “needs improvement” to the state’s minimum requirement for evaluations. It would also call on districts to put teachers who are not rated fully satisfactory first in line for professional coaching. This sensible bill garnered support from the likes of EdVoice, Students Matter and StudentsFirst – all Sacramento student advocacy groups. But CTA’s cronies in the Assembly education committee snuffed out this bill too. That prompted Weber, no shrinking violet, to lash out at her fellow Democrats. As reported by LA Weekly’s Hillel Aron, she said, “When I see what’s going on, I’m offended, as a senior member of this committee, who has probably more educational background and experience than all ya’ll put together on top of each other.” She added, “Obviously, it was orchestrated by the teachers union to not let the bill out. It was purely political.” Shirley surely gets it.

There is one bill, however, that the teachers unions have not taken a position on … yet. Carol Liu, D-La Cañada-Flintridge, has concocted SB 499. Her teacher evaluation bill requires teachers to be evaluated in part on student progress, including such objective measures as testing, but – and it is a very big but – mandates that the specifics be worked out as part of the union-school district collective bargaining agreement. However, giving unions more negotiating power over evaluations would be a problem said Nancy Espinoza, a legislative advocate for the California School Boards Association in testimony before the Senate Education Committee a couple of weeks ago. “We are going from developing evaluation standards to negotiating them. That is a tremendous change.” It creates opportunities, she said, for teachers unions “to leverage evaluation standards related to student achievement for gains related to salary” and would likely increase the frequency of an impasse in negotiations “and concerted actions like strikes.”

Also weighing in against the bill is a coalition of groups including Democrats for Education Reform and the California Chamber of Commerce. In a letter to Liu, it mentioned “Offering unions this power affords them the opportunity and incentive to water down teacher evaluations.”

StudentsFirst called the bill misguided, claiming it ignored research on what makes an evaluation effective, and puts the state at risk of losing federal support.

Bill Lucia, CEO of EdVoice, called retaining school boards’ authority over evaluation criteria a non-negotiable “bright-line issue.”

In defending her bill, Liu said that “buy-in from teachers” is critical for evaluations to be useful in helping teachers improve. “Teachers need to be at the table to discuss goals of an evaluation. Their voice needs to be heard and heard loudly.”

But buy-in from teachers is not important in Sacramento. The only buy-in there that matters is from the teachers unions. Liu’s – and every other education bill – is in the unions’ hands. Until the Vergara appeals are exhausted, that is the unpleasant fact of life.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Bain Explained

Bain v. CTA is the latest lawsuit to challenge teacher union hegemony.

For the third time in three years, a lawsuit has been filed in California that challenges the way the teachers unions do business. In May 2012, eight California public school children filed Vergara et al v. the State of California et al in an attempt to “strike down outdated state laws that prevent the recruitment, support and retention of effective teachers.” Realizing that some of their most cherished work rules were in jeopardy, the California Teachers Association (CTA) and the California Federation of Teachers (CFT) chose to join the case as defendants in May 2013.

But three days before they signed on to Vergara, the unions were targeted again. On April 29, 2013, the Center for Individual Rights filed suit on behalf of ten California teachers against CTA and the National Education Association (NEA). The Friedrichs case challenges the constitutionality of California’s agency shop law, which forces public school educators to pay dues to a teachers union whether they want to or not.

Now in April 2015, the teachers unions are facing yet another rebellion by some of its members. Bain et al v. CTA et al, a lawsuit brought by StudentsFirst, a Sacramento-based activist outfit founded by Michelle Rhee, was filed on behalf of four public school teachers in federal court in California. It challenges a union rule concerning members who refuse to pay the political portion of their dues. Contrary to what many believe, teachers are not forced to join a union as a condition of employment in California, but they are forced to pay dues. Most pay the full share, typically over $1,000 a year, but some opt out of paying the political or “non-chargeable” part, which brings their yearly outlay down to about $600. However, to become “agency fee payers,” those teachers must resign from the union and relinquish most perks they had by being full dues-paying members. And this is at the heart of Bain. As EdSource’s John Fensterwald writes,

Although paying this portion is optional, the teachers charge that the unions punish those who choose not to pay it by kicking them out of the union and denying them additional economic benefits, such as better disability and life insurance policies. The unions provide those benefits only to members. This coercion, the teachers argue, violates their constitutional right to free speech. About one in 10 teachers in California have opted out of paying the portion of dues supporting politicking and lobbying.

In addition to losing various types of insurance, the affected teachers also give up the right to vote for their union rep or their contract, the chance to sit on certain school committees, legal representation in cases of employment disputes, death and dismemberment compensation, disaster relief, representation at dismissal hearings and many other benefits.

The question becomes, “Why should a teacher lose a whole array of perks just because they refuse to pay the third or so (it varies by district) of their union dues that go to political causes?”

That very sensible question summons up a great number of erroneous statements, hysteria, lies and general panic among the mainstream media and unionistas alike. Let’s examine a few of them starting with a partial-truth from the estimable John Fensterwald. He wrote, “Both the CTA and CFT are obligated to negotiate contracts dealing with pay, benefits and working conditions on behalf of union and non-union teachers.” That’s true; all teachers do indeed become “bargaining unit members.” However, that is only because the unions insist on exclusive representation. The unions would have a case here if teachers were free to negotiate their own contracts, but they aren’t allowed to. (For more on this issue, see my back-and-forth with CFT VP Gary Ravani in the comments section of Fensterwald’s piece.)

A Los Angeles Times editorial claims that the case at its core is “an attack on the power of any public employee union to engage in politics.” How they came up with that assessment defies logic. If Bain is successful, unions will still be free to “engage in politics.” It is true that more teachers may opt out of the political part, thus leaving the union with fewer coerced dollars to spend. But to say it is an “attack” is a great exaggeration.

Alice O’Brien, general counsel for NEA, said in a statement, “The Bain lawsuit attacks (there’s that word again) the right of a membership organization to restrict the benefits of membership to those who actually pay dues.” What?! The teachers in question are all dues payers and will still be dues payers if their case is successful.

Never one to be subtle, American Federation of Teachers president Randi Weingarten claims that the lawsuit is “part of a siege against unions by StudentsFirst.” (Before starting StudentsFirst, Rhee – now departed – was Washington, D.C. school chancellor, where she and Weingarten tangled constantly.) In a statement Weingarten said, “This is the same group that has worked for five years to stifle the voices of teachers, and strip them of collective bargaining and other rights and tools to do their jobs.” Then as if to clarify this baseless statement, she added, “The suit cites political activity on issues it considers unrelated to education – like gun control, for example.”

The Friedrichs case, with a possible Supreme Court decision next year, is much further along than Bain. If the former case is successful, it will be interesting to see what becomes of the latter. Friedrichs claims that all union spending is political and therefore joining should be voluntary. If it flies, teachers will have an option to join the union or refrain from doing so. That could take the wind out of Bain’s sails as there will probably not be the two tiers or classes of membership that there are now. If all dues are political and you join the union, then all fees will be chargeable and teachers couldn’t then opt out of the political portion because all of it would be political. However, should Friedrichs fail, Bain will be all the more important.

Other scenarios are possible, with the courts, of course, having the final say on how it all gets sorted out.

In any event, the teachers unions’ heavy-handed political arm-twisting would seem to be in jeopardy and their days of unbridled power numbered. And that can only be good news for teachers, students, parents and taxpayers.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Union Controlled Legislature Continues Assault on Charter Schools

When it comes to dealing with California’s successful, independent charter schools, powerful, monied special interests – and the lawmakers they fund – prefer a twist on the adage “If you can’t beat them, join them.” Their version: If you can’t beat them, destroy them. This was manifested last month when four Democratic lawmakers trumpeted their introduction of a packet of new bills increasing state regulations over charters, including heightened public reporting requirements, restricting for-profit operations, greater transparency and promotion of employee rights.

On paper, while the “reforms” use language of responsible government oversight, they represent yet another effort to erase what has made charter schools succeed: Independence from the labyrinth of education codes and laws strangling districts and negatively impacting student achievement.

Since enactment two decades ago, charter schools have faced hostility from teacher unions because most are not unionized, thereby reducing their income stream due to an inability to collect compulsory member dues. Yet charters have been extremely successful in producing academic outcomes for students, largely due to their freedom from the mandates and requirements constraining traditional schools.

Ironically, the bills were introduced within days of the Stanford University Center for Research on Education Outcomes release of a study showing that charter schools outperform traditional schools, particularly in urban areas, reinforcing the understanding that charter schools boost academic outcomes for minority and poor students.

Approximately 550,000 K-12 students are enrolled in California charter schools; an additional 91,000 linger on waiting lists. Parental demand for charter schools has soared, particularly from Latino and African American parents who are more likely to be trapped in chronically underperforming schools. Increasingly, parents are “voting with their feet,” seeking enrollment in charter schools or supporting conversion of “neighborhood” schools into charters.

Independent charter schools provide a striking contrast to traditional public schools through their prioritization of students. California’s education system is plagued with laws protecting the pay, perks and rights of unionized employees and ignoring needs of students. Last year, nine students successfully sued California seeking to overturn several union-backed statutes which combined to deny students a quality education. Hailed as the most significant education civil rights suit in decades, the case, Vergara v. California, is being appealed by teachers unions.

Undoubtedly, there is room for charter school reform. But that is not the intent: These bills are intended to squelch their growth by slashing their independence. They are sponsored by the California Teachers Association, California Federation of Teachers and California Labor Federation, which have been overtly hostile to charter schools.

One bill introduced at last week’s Sacramento press conference would establish charter schools as governmental entities and their employees as public employees, thereby giving them an increased ability to unionize. Not surprisingly, the lawmakers were joined by the CTA, CFT and the California Labor Federation – reinforcing the perception that the bills are more about jobs and dues rather than students and learning.

At the press conference, Assemblyman Roger Hernandez, D-West Covina, stated, “The ability to unionize is a civil right.” What he failed to say is that existing law permits unionization at charter schools, though most employees – about 85 percent – have chosen not to do so. Sadly, Hernandez has yet to speak on the students’ Vergara civil rights lawsuit – presumably because students don’t fund his campaign coffers.

About the Author:  Gloria Romero, a Los Angeles resident, served in the California Legislature from 1998 to 2008, the last seven years as Senate majority leader. Romero is the director of education reform for the California Policy Center. This article originally appeared in the Orange County Register and is republished here with permission from the author.

Unions Continue Their Long March into the Classroom

Labor union indoctrination is seeping into our schools before our very eyes.

Teacher union intrusion into the lives of children is not new. Via anti-child work rules like tenure and seniority, unions have been making their influence felt for years. Additionally, as labor expert Kevin Dayton points out, they have been angling to promote their cause via the curriculum nationally since 1981. Here in California, union propaganda got a big push in 2002 when California governor Gray Davis signed Assembly Bill 1900 into law. As Dayton wrote at the time,

Sponsored by the California Federation of Teachers, this bill recognized the first week of April as ‘Labor History Week’ and authorized public school districts to ‘commemorate that week with appropriate educational exercises that make pupils aware of the role that the labor movement has played in shaping California and the United States.’

At the end of 2012, labor’s “week” morphed into “Labor History Month” (or as I referred to it at the time, “The Not So Merry Month of May”). I pointed out that the lessons suggested by the unions were not simply a celebration of organized workers but a toxic, one-sided, politicized bundle of indoctrination aimed at your kids. A few examples:

  • California Federation of Teachers – many “children’s stories,” including one which features a mean farmer and the hens that organize against him.
  • California Teachers Association – a bevy of “lessons” which can be readily summed up as “Workers are poor; CEOs are rich.” In other words, Class Warfare 101.
  • University of California Miguel Contreras Labor Program – lots of fun stuff for the little ones including an anthology of stories promoting the IWW, a radical union noted for its ties to socialism and anarchism, and a sanitized biography of singing Stalinist Pete Seeger.

The end of 2014 saw the unions on the move again. Every ten years or so, the California Department of Education tinkers with the state’s curriculum, and in Sept. 2014 the review process was initiated for the history framework. The state solicits suggestions from anyone who wants to weigh in and in November, the California Federation of Teachers sent a proposal to California’s Instructional Quality Commission – an advisory body to the California State Board of Education on matters concerning curriculum, instructional materials, and content standards. The missive, unearthed by Dayton, is a doozie. A few highlights:

  • CFT wonders why the Second Great Awakening earns a prominent place in the framework. This religious revival, which took place in the late 18th Century, moved beyond the educated elite of New England to those who were less wealthy and less educated, hastening in the temperance, abolition, and women’s rights movements. Instead, CFT wants to minimize the importance of Christianity and, at the same time, include teaching about anti-Muslim discrimination after 9–11. (While there was an uptick in anti-Muslim “hate crimes,” immediately following 9-11, it was short-lived. In fact, Jews today are targeted for their faith six times more frequently Muslims.)
  • The union wants the U.S. described as an “empire” not a “world power,” so as to let our kids know that we have regularly has been “dominating other civilizations.” When I read things like this, I can’t help but think about WWII. Germany and Japan – our sworn enemies at the time – were not raped and plundered by us after defeat, but instead assisted by us, rebuilt to become economically sound, independent world powers.)
  • Additionally, there’s a plea for a “Labor Studies” elective and in fact, that’s where we are heading. A proposed part of the revamped standards reads, “Students can participate in a collective bargaining simulation to examine the struggles of workers to be paid for the value of their labor and to work under safe conditions. They can examine legislation that gave workers the right to organize into unions, to improve working conditions, and to prohibit discrimination.”

The massive irony here is that the unions are railing against what they perceive to be a sanitized version of U.S. history, but nothing could be further from the truth. As an American history teacher for much of the aughts, I (and every other history teacher I knew) taught extensively about slavery and other injustices of our collective past. We didn’t browbeat the kids, however, into believing that American history was riddled with treachery and malevolence.

And given the opportunity, will the unions tell the full truth about their own history? Of course not. The CFT labor curriculum would be completely sanitized. The teachers unions alone leave us with a toxic waste dump worth of sludge to clean up. For example:

  • In 2000, the California Teachers Association spent over $26 million to defeat Prop. 38 – a voucher bill that would have enabled some kids to escape their failing schools.
  • Former CFT president Marty Hittleman, referred to the Parent Trigger Law – by which primarily black and Hispanic parents can force a governance change at their children’s defective public school – as a “lynch mob provision.”
  • In 2009, National Education Association president Dennis Van Roekel wrote a threatening letter to every Democratic member of Congress, demanding that they vote against the Washington D.C. Opportunity Scholarship Program (a voucher program that helps poor kids) … or else. (They dutifully complied en masse.)
  • Despite a massive amount of forced dues collected by the teachers unions every year, they (and in fact all unions) don’t pay a penny in tax. As 501(c)(5)’s they have a special exemption from the IRS.
  • Union leaders are always railing against the rich and palavering over CEO and worker pay disparity. However, while the average U.S. public school teacher salary for 2013-14 was $56,610, American Federation of Teachers president Randi Weingarten’s income is $543,679 – almost ten times that of the average teacher, while corporate CEOs average $178,400 yearly, just five times that of the average worker.
  • In 2012, the California Teachers Association’s bought-and-paid-for state legislators robotically fell into line and killed SB 1530, which would have simplified the process of getting rid of pedophile teachers. (This really shouldn’t have come as a surprise. At its 2004 convention the NEA, CTA’s parent organization, gave its prestigious Human Rights Award to Kevin Jennings, founder of the Gay, Lesbian, Straight Education Network. GLSEN is the group that presided over the infamous “Fistgate” conference held at Tufts University in Massachusetts in March 2000, where state employees gave explicit instructions about “fisting” and other forms of gay sexual activity to children as young as 12.)
  • On CFT’s Facebook page it often reminds people that the 5-day 40-hour work week comes to us courtesy of the unions. Wrong. Thinking it was a good business move, noted capitalist Henry Ford instituted that change in the 1920s. (The United Auto Workers, didn’t come into being until 1935.)

Will the unions insist that we include any of the above in their proposed “Labor Studies” elective? Of course not.

The unions have big plans for your children. If parents (and all citizens) don’t get involved and protest, these unions will add a load of America-trashing and distorted history to the curriculum, and at the same time indoctrinate your kids in the glories of collective bargaining. If this does not sound like something you want, please contact Kenneth McDonald (KMcDonal@cde.ca.gov) at the State Board of Education and express your thoughts.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Will California Students Get to Take "Labor Studies" as a Class Elective?

Do you want your local high school to offer a Labor Studies class to prepare the next generation of union organizers? In California, students soon might have that opportunity, if the state’s Instructional Quality Commission adopts a recommendation from the California Federation of Teachers and the California Assembly Speaker’s Commission on Labor Education.

Labor Studies Elective Proposed for Ca HS

California continues to be the national leader in the union movement to use the public schools for promoting worker collectivism. The latest proposal is for the state’s Instructional Quality Commission to recognize Labor Studies as an “elective” class in the next revision of California’s History-Social Studies Curriculum Framework.

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See the complete letters here:

November 25, 2014 Letter from California Federation of Teachers to California Instructional Quality Commission

November 25, 2014 Letter from California Assembly Speaker’s Commission on Labor Education to California Instructional Quality Commission

The California’s Instructional Quality Commission, formerly called the Curriculum Development and Supplemental Materials Commission, is an advisory body to the California State Board of Education on matters related to curriculum, instructional materials, and content standards. This commission last initiated revisions to the California History-Social Studies Curriculum Framework in 2004.

At that time, activists from the California Federation of Teachers Labor in the Schools Committee sought and won appointments to the committee. Obviously their plan was to work internally to insert union-backed labor education mandates into the curriculum framework. Some organizations and legislators became aware of the effort and publicly objected to it. In the end, the curriculum framework remained free of union-backed labor education mandates.

So far the California legislature has been the chief instigator for inserting labor education into the state’s public schools. In 2001, former Assembly Speaker Robert M. Hertzberg established the “Speaker’s Commission on Labor Education,” formed “to address issues of labor education in California’s public school system.” Several union-backed bills were introduced in the following four years to force labor history into the California public school curriculum. One of them became law. California Education Code Section 51009 states the following:

The month of May is hereby deemed to be Labor History Month throughout the public schools, and school districts are encouraged to commemorate this month with appropriate educational exercises that make pupils aware of the role the labor movement has played in shaping California and the United States.

Labor History Month is an expanded descendant of Labor History Week, instituted in California public schools in 2002. The original version of the bill to establish Labor History Week included $150,000 for school districts to buy instructional materials related to it, but that expenditure was ultimately amended out of the bill.

My Writing on Labor History in Public Schools:

Labor History in Public Schools: Unions Get ‘Em While They’re Young – Government Union Review (Volume 21, Number 1), 2003.

Letter Opposed to Assembly Bill 2269 – Labor History Month

Soon, a Whole Month to Subject California Students to Union Propaganda in the Classroom – www.LaborIssuesSolutions.com – April 14, 2012

How Will Students Celebrate Labor History Month in California Schools? – www.UnionWatch.org – December 31, 2012

Resistance Continues to Union Campaign for Labor History Curriculum in Public Schools – www.LaborIssuesSolutions.com – June 16, 2014

Other Critical Perspectives on Labor History in Public Schools:

The Not So Merry Month of May – www.UnionWatch.org – January 8, 2013

Unions Push State Legislatures for Labor History Courses – Fox News via Associated Press – June 16, 2014


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

Vergara: What Comes Next?

Assuming Judge Treu’s rulings survive the appeals process, what will replace the offending statutes?

In last year’s Vergara case, Judge Rolf Treu ruled that the state’s archaic seniority, tenure and dismissal statutes were unconstitutional, adding that the evidence submitted “shocks the conscience.” The judge’s ruling is now being appealed by the state of California, the California Teachers Association and the California Federation of Teachers. Should the decision survive the appeals process, legislators will need to pass new laws to fill the void. In that vein, the Students Matter team that brought the lawsuit has come out with their suggested fixes or “policy pillars.”

Regarding tenure or more accurately “permanence,” their recommendation is solid:

Students Matter believes teachers should earn a designated number of effective or highly effective ratings on annual performance evaluations in order to receive tenure; that a teacher’s permanent status should be portable between school districts; and that permanent status should be able to be rescinded if a teacher receives multiple evaluations showing an ineffective rating.

A million times better than what we have now, but still – why is it that teaching is the only profession – or any job for that matter – that warrants something called “permanence?” In fact, this pillar hedges a bit. It says, “…permanent status should be able to be rescinded…” Well, if permanence can be rescinded if a teacher isn’t effective, then it’s not really permanent, is it?

They also have good ideas about the onerous dismissal statutes.

In order to reduce the extreme cost – in time, money, morale and student learning – of the current teacher dismissal process, while protecting the constitutional rights of both students and teachers, Students Matter recommends explicitly including ineffectiveness as grounds for dismissal and mirroring for teachers the same dismissal process established for classified employees.

In 2014, California took a step forward by passing AB 215, which made it easier to get rid of teachers who are proven guilty of “egregious and immoral conduct.” But there is nothing in the law about getting rid of incompetents. Hence, this pillar hits the mark. Public education should join the rest of the civilized work-world, weeding out those employees who are not getting the job done.

They score a bulls-eye with their suggestion about seniority:

Students Matter recommends explicitly requiring that student learning be the preponderant criterion in layoff decisions and explicitly prohibiting the consideration of seniority as the preponderant criterion.

The current last-in-first-out method of picking winners and losers is an abomination. Length of time on the job should never be the sole reason to keep that job. Would you go to a wonderful doctor who has been practicing for 10 years or a quack who has been killing (or just maiming) his patients for 20 years? The question answers itself. In fact, Dr. Quack’s patient load would tank and he would undoubtedly be forced to find another means of employment. Why not extend this line of thought to the world of education?

So except for the minor quibble with the tenure pillar, the Students Matter suggestions are excellent.

And now for the bad news. Whatever legal changes are made must survive the California state legislature, which is essentially controlled by the California Teachers Association. While the powerful union has yet to comment on the pillars, it goes without saying that it will use every ounce of influence it has to fight them.

Permanence: The union has taken to calling it “due process.” This is laughable – a job for life has nothing to do with legal rights. And union leaders are offering up ridiculous excuses for the existence of tenure. Recently, New York City teacher union boss Michael Mulgrew actually said, “Without tenure, teachers can be disciplined or even fired for speaking out on behalf of the needs of their students.”

Criminy, is that the best he can do?!

Dismissal statutes: Anthony Lombardi, the principal of an elementary school in New York City, bluntly stated that American Federation of Teachers president Randi Weingarten “… would protect a dead body in the classroom. That’s her job.” Well that may be a slight exaggeration, but it’s true that people who shouldn’t be allowed anywhere near children are almost never fired.

In California, due to the union-orchestrated dismissal statutes, on average just two “permanent” teachers a year lose their job due to incompetence. That’s two bad apples out of about 300,000. In my almost 30 years in the classroom, there were always at least two teachers at my school alone who should have been let go. Also, it’s ridiculously expensive to get a teacher out the door. Between 2000 and 2010, the Los Angeles Unified School District spent $3.5 million trying to fire just seven teachers (out of over 30,000) for poor classroom performance. Only four were let go during that time.

Seniority: Union leaders are quite incoherent in this area. “Saving your jobs would mean that more experienced teachers would lose theirs,” UTLA president A.J. Duffy told a group of young teachers at Liechty Middle School in 2009. “Seniority is the only fair way to do it . . . and any exception would be an act of disloyalty.” The California Federation of Teachers website claims that “Seniority is the only fair, transparent way to administer layoffs. It ensures equal treatment for all teachers…”

Problem is that not all teachers deserve equal treatment. The great and good should be treated better than the mediocre and awful.

Interestingly, a recent survey funded by Teach Plus, an organization that strives to ensure that urban children have access to effective educators, found that 69 percent of teachers in California agreed that “tenure protected an ineffective colleague who should have been dismissed but wasn’t.” But it also found that 81 percent said that “tenure was important to them personally.” In brief, the teachers polled came down somewhere in between the Students Matter pillars and traditional union hardline resistance to change. You can access the survey here.

Will the unions listen to their more moderate members and act accordingly? Don’t bet on it.

Will the unions besiege their cronies in Sacramento to ignore the Students Matter fixes? Most assuredly.

What can you do? Send letters and emails to your state legislators, and implore them to do right by the children of California. Only when enough good people stand up to the destructive agenda of the teachers unions will public education take a great leap forward.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Unions Begin Campaign to Extend Prop. 30 Tax Hike

No matter how high taxes are increased, it’s never enough for public officials and bureaucrats who live off taxpayer funded paychecks.  According to these people, there is always one more dollar that is needed to make government “whole.”  And being made “whole” in California means maintaining the highest paid government employees in all 50 states.

So it should come as no surprise that the tax-and-spend interests have already begun banging the drum and shaking the tambourine on behalf of extending Proposition 30, the “temporary” tax increase approved by voters in 2012.  Proposition 30 imposed the highest income tax rate in America.  It also bumped up the sales tax – a tax that hits lower income families particularly hard — to tops in the nation.

The sales tax component of Proposition 30 is set to expire at the end of 2016 and the higher income tax rate will sunset in 2018, so those who feed off taxes are starting to panic.

During the last year, some lawmakers resisted putting Proposition 2 on the November ballot because it required the establishment of a rainy day fund to tide government over through lean times.   These Sacramento politicians were concerned that if it passed, and the state had money in the bank, it would be more difficult to make the case that the Proposition 30 taxes should be made permanent.

State schools chief Tom Torlakson came out for the extension of Proposition 30 long ago, and we are now seeing the head of one of the state’s two major teachers unions, the California Federation of Teachers, calling for its continuation while maintaining it is not enough.

Of course, it’s never enough.

Writing in the Sacramento Bee, teachers union president Joshua Pechthalt attempts to make the case that the temporary tax hike should be extended.  He justifies his position by claiming California is thriving and upper income individuals, unfazed by the higher taxes, are happy to stay and pay.

Not so fast.

While Pechthalt believes things are fine now that our economy is supposedly in a “recovery,” working families aren’t seeing it. Our unemployment rate is the third highest in the nation and the US Census puts our supplemental poverty ranking at worst in the country.

Pechthalt’s evidence that Proposition 30 has not impacted high income individuals seems to be that wealthier communities, like Beverly Hills, have not become ghost towns.

Objective real estate reports from Nevada and other low or no income tax states make it clear that California has indeed lost many upper income taxpayers because of Proposition 30.  The Wall Street Journal reported that “many Californians have arrived [in Nevada] in the wake of Proposition 30.  Passed at the end of 2012, the measure hiked personal income and sales taxes.”  The San Francisco Chronicle published a piece in January of this year entitled “State leaders closely watch migrating millionaires” noting that “whether you sympathize or not, millionaires’ migrating out of California has serious consequences to the state’s bottom line and is something state leaders are watching closely.”

The other problem with the union leader’s thesis is that we simply don’t know how many of California’s high earners decided to absorb the confiscatory tax rates for a couple of years knowing that they would eventually expire.  If made permanent, the existing millionaire out-migration could very well turn into a torrent.

So, instead of asking whether we should make Proposition 30’s temporary tax hikes permanent, a better question would be whether those tax hikes were needed at all or, better yet, did they inflict more harm than good?  There is compelling evidence that California would today be grabbing a bigger slice of the national economic recovery had it not passed Proposition 30 at all.

Jon Coupal is president of the Howard Jarvis Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.

The Sorry, but Unapologetic, Teachers Unions

 Unions demand apologies, but refuse to make any themselves.

The cover of the November 3rd edition of Time Magazine reads “It’s nearly impossible to fire a bad teacher; some tech millionaires may have found a way to change that.” Accompanying the text is a photo of a judge’s gavel about to pound an apple.

Time Magazine rotten apple cover

The story, “The War on Teacher Tenure,” is mostly about the Vergara decision – in which a judge found that the tenure, seniority and dismissal statutes in the California education code are unconstitutional. The article focuses on Vergara’s guiding light – David Welch, a tech titan who has found a second career as an education reformer. It’s a fair piece, and one worthy of discussion.

But instead of delving into the merits of the article, the teacher union elite and fellow travelers went ballistic over the mildly provocative cover – the outrage reaching satirical proportions worthy of The Onion. American Federation of Teachers leader Randi Weingarten said she “felt sick” when she saw it. After ingesting a bowlful of Maalox, the union leader began to organize a protest and circulated a petition demanding an apology from Time Magazine. The AFT claimed the cover “casts teachers as ‘rotten apples’ needing to be smashed by Silicon Valley millionaires with no experience in education.” While the AFT and Weingarten are busy pointing out the lack of teaching experience of technology leaders, they neglect to mention that Weingarten doesn’t have any to speak of either. To puff up her cred, she frequently refers to her “teaching experience,” but it hardly exists; she taught on a per diem basis from 1991-1997 – a total of 122 days. I think the proper term here is “part-time, occasional, temporary sub.”

Time admirably refused to cave in to the unionistas. Instead, it invited various aggrieved parties to respond online. And the teachers union claque did just that, expressing outrage – outrage at the magazine in particular and at “outsiders” in general. National Education Association president Lily Garcia attacked  the “wolves of Wall Street.” Some members of the Badass Teachers Association – a group that claims to represent 53,000 teachers – solemnly intoned, “The gavel as a symbol of corporate education, smashing the apple – the universal symbol of education – reinforces a text applauding yet another requested deathblow to teacher tenure.” In a blog, Badass Teacher Association cofounder Mark Naison wrote, “Time’s campaign epitomizes everything wrong with the crusade for ‘School Reform’ that has become a national obsession since the passage of No Child Left Behind. It is financed and driven by business leaders, not educators.”

With one or two exceptions, they insisted that Time apologize … or else.

But maybe the teachers unions should come up with a few apologies of their own and provide Time a pathway to contrition. For example:

  • Maybe the California Federation of Teachers should apologize for posting a nauseating cartoon on its website in 2012. The Ed Asner narrated presentation promotes class warfare by showing rich folks urinating on poor people.
  • Maybe Randi Weingarten should apologize to Marshall Tuck, who is running for California School Superintendent. Her union financed a slanderous TV ad which, among other things, shows a businessman stealing a child’s lunch, and ridiculously asserts that Tuck will allow corporate fat cats to take over our schools.
  • Maybe The New York State United Teachers – an AFT affiliate – should apologize for a vile mailer it sent picturing a battered woman, suggesting that if Republican Mark Grisanti is elected as state senator, “he won’t protect her from her abuser.” The NYSUT-led campaign is so disgusting that even Democrats have roundly excoriated the union.
  • Maybe Michael Mulgrew, president of the United Federation of Teachers, should apologize to those of us who have issues with the Common Core State Standards. Doing his best Joe Pesci impersonation, he menacingly seethed at an AFT convention,  “If someone takes something from me (control of the standards), I’m going to grab it right back out of their cold, twisted, sick hands and say it is mine! You do not take what is mine! And I’m going to punch you in the face and push you in the dirt because this is the teachers’! These are our tools and you sick people need to deal with us and the children that we teach. Thank you very much!”
  • Maybe teachers unions should apologize for their collective mantra that “corporations should pay their fair share of taxes.” The atonement is due because, while U.S. corporations have the highest tax rate in the world, the teacher unions don’t pay a penny in taxes. That means that the NEA and AFT bring in about $560 million tax-free dollars year after year. And when you add in the state and local union affiliates, the amount soars to over $2 billion. All tax-free. (In fact it’s not just the teachers unions; no union has to pay any tax on its “earnings.”)
  • Maybe Badass Teachers Association guiding light Mark Naison should apologize to America. He was a founding member of the Weatherman, the violent, hate-filled group that was involved in murder and mayhem in the early 1970s.
  • Maybe the California Teachers Association should apologize for disregarding its members and spending dues money that favors only the needs and desires of the union bosses. CTA will end up spending over $10 million to defeat Marshall Tuck in today’s election – most of it teachers’ dues money. Union activists are going all out – walking precincts, working phone banks, etc. – in an effort to stave off Tuck’s challenge to incumbent and union darling Tom Torlakson. But as Mike Antonucci writes,

Odd, then, that the Field Poll shows support for Torlakson from union households in California at an anemic 31%, with 23% backing Tuck, and 46% undecided. That’s after months of hyping Torlakson through every available union communications outlet.

The question arises: If 69% of union households are not, or not yet, backing Torlakson, how did the unions approve spending $10 million on his behalf?

That’s a rhetorical question, of course. The answer is that CTA practices representative democracy in reverse. Decisions are made by the small handful of officers and shop stewards who participate in union activities. Then they justify, promote and sell these decisions to the membership-at-large – using the members’ own money to do so. (Emphasis added.)

But seriously folks… don’t hold your breath in anticipation of CTA or any teachers union apologizing for anything. Ain’t gonna happen. Also, don’t expect them to ever right any of the wrongs that they have foisted on our children, their parents and all taxpayers. In California, due to the union-inflicted tenure and dismissal statutes, on average just of 2 “permanent” teachers a year lose their job due to incompetence. That’s 2 bad apples out of about 300,000. In my almost 30 years in the classroom, there were always at least 2 teachers at my school alone who shouldn’t have been allowed near children. This is not a secret; go into any school and ask who the incompetents are and you will get almost identical answers from teachers, kids, their parents, the principal, the assistant principal, guidance counselors, janitors, bus drivers, school secretaries and lunch ladies.

But instead of relaxing their intolerable policies, the unions divert attention by whining about a magazine cover. And while they do that, the rest of us – including parents, serious teachers, community members and yes, corporate types and tech gurus – are trying to make a troubled system better. American children can’t wait a minute longer for the unions and labor-friendly school districts to willingly cede any of their onerous work rules. And they will never apologize for the mess they have made and continue to make of our public education system. In that sense, at least, they are one sorry bunch.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Bad Week for Teachers Unions

These days, the teachers unions have landed on the wrong side of judges, teachers, the general public and just about everyone else whose lives they touch.

Seems like the teachers unions are getting it from all sides these days. In a Wall Street Journal piece, the writers note that the percentage of elementary and secondary teachers who are union members is down about 20 percent since 1988. But as private and charter schools proliferate and the right-to-work movement grows, the last 26 years will look like the good old days.

Big Apple Kerfuffle

In response to the death of Eric Garner while in New York Police Department custody, United Federation of Teachers command central decided to join forces with Al Sharpton in blaming the police. However, New York City teachers responded by giving UFT president Michael Mulgrew a one-finger salute, and on the first day of school last week teachers all over the city wore pro-cop T-shirts. This independent streak was way over the top for Boss Mulgrew, whose union emailed a brief warning, “…as public employees, one must remain objective at all times.”

Teachers union members remain objective?!! WHAT!!! This followed UFT’s sponsorship of an Al Sharpton rally in support of Mike Brown, who died while in police custody in Ferguson, MO.

Now, how teachers should respond to non-education-related community events is a discussion for another day; the issue here is the union’s hypocrisy. But then again, Mulgrew has always shot from the hip … and as often as not, the bullet has wound up piercing his shoe. Most recently, despite teacher misgivings with Common Core, the union president decided that the standards were worthy. And at the American Federation of Teachers convention last month, in classic thug style, he closed with these pearls,

If someone takes something from me, I’m going to grab it right back out of their cold, twisted, sick hands and say it is mine! You do not take what is mine! And I’m going to punch you in the face and push you in the dirt because this is the teachers! These are our tools and you sick people need to deal with us and the children that we teach. Thank you very much!

If they ever decide to recast Goodfellas, Mulgrew is a shoo-in for the Joe Pesci role. (Extreme profanity alert.)

Michigan Shenanigans

After Michigan went right-to-work in 2012, the Michigan Education Association decided to play hardball. Most teachers didn’t know that the only period they could resign from the union was when most of them weren’t paying attention to school or union matters – in August. Some teachers sent in their resignation notice before the union-mandated allotted time and thought they’d legitimately opted out and stopped paying dues. However, they were soon faced with threats that unless they paid up, the union would do its best to damage their credit ratings. But the Mackinac Center Legal Foundation took the teachers’ side and brought suit against the union. Then, just last Tuesday administrative law judge Julia Stern recommended that the “ Employment Relations Commission order the Michigan Education Association to no longer limit school employees to leaving the union solely in August of each year. She said the law that took effect last year incorporated a federal law interpreted to give public employees the ability to leave their union anytime.”

Furious with the decision, the union went into spin-mode to divert attention from it, triumphantly pointing to the fact that only 5,000 teachers (out of 110,000 total) had resigned during the August window. But as Mike Antonucci notes, the bigger picture is not so rosy. “In 2008-09, the union had 129,000 active members. The latest loss brings that number down to 106,000 – a drop of almost 18 percent.” Also, as more contracts expire, more teachers will have the opportunity to disengage from the union. Additionally, as teachers see that the world of their non-unionized colleagues does not come to an end without Big Daddy, many will realize that the $1,000+ dues they pay on a yearly basis could be much better spent elsewhere.

Sophistry Vergara

Hardly a surprise, but immediately following Judge Rolf Treu’s final decision in the Vergara case, which affirmed his original one, the California Teachers Association, the California Federation of Teachers and Governor Jerry Brown (under pressure from his biggest political backers – the unions) filed an appeal. In a dual release, the unions trotted out the usual off-subject malarkey in an attempt to convince people of the evil intent of the suit.

All along it’s been clear to us that this lawsuit is baseless, meritless, and masterminded by self-interested individuals with corporate education reform agendas that are veiled by a proclamation of student interest.

The Vergara ruling makes clear that Judge Treu failed to engage the evidence presented in court by education experts and school superintendents who testified that teacher rights are not impediments to well-run schools and districts.

He also failed to take into account the impact of underfunding, poverty, growing inequality, and lack of decent jobs in the communities surrounding our schools….

… this ruling doesn’t address any of the real solutions to problems facing public education, solutions such as adequate funding, peer assistance and review programs for struggling teachers, and lower class sizes.

Blah, blah, blah.

While this kind of union spin has traditionally been successful, the general public at long last has become hip to it. In an Education Next  poll released in August concerning the issue of tenure – a major part of the Vergara suit,

… Survey respondents favor ending tenure by a 2-to-1 ratio. By about the same ratio, the public also thinks that if tenure is awarded, it should be based in part on how well the teacher’s students perform in the classroom. Only 9% of the public agrees with current practice in most states, the policy of granting teachers tenure without taking student performance into account.

Fair Share Flim-Flam Fades

Every year around Labor Day, Gallup polls Americans on their attitudes toward labor unions. This year a question was added about right-to-work laws, and the responses were not good news for the forced-union crowd. As Mike Antonucci writes,

The poll finds 82% of Americans agreeing that ‘no American should be required to join any private organization, like a labor union, against his will,’ a position advanced by right-to-work proponents. Pro-union forces partly oppose right-to-work laws because of the ‘free-rider’ problem, with non-union workers benefitting as much as union workers when unions negotiate pay and benefit increases with employers. But by 64% to 32%, Americans disagree that workers should ‘have to join and pay dues to give the union financial support’ because ‘all workers share the gains won by the labor union.’

The teachers unions are starting to remind me of a man at sea flailing away for help, but the courts, the general public and even many of their own members are not not throwing out a life raft. Perhaps Mr. Mulgrew needs to start breaking some legs. Nothing else seems to be working.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues.

The Vergara Battle Has Been Won…

… but the war is just beginning. Despite a landmark education decision in California favoring children over teachers unions, how much will really change?

On June 10th, Judge Rolf Treu issued an unequivocal decision in the Students Matter (Vergara v California) case which revolved around the tenure, dismissal and seniority statutes in California’s education code. In his 16-page ruling – a resounding victory for students and a crushing defeat for the teachers unions – Judge Treu did not mince words. He found that the plaintiffs met their burden of proof on all the issues, writing, “The evidence is compelling. Indeed, it shocks the conscience…” He concluded with, “All Challenged Statutes are found unconstitutional….”

Tenure

While the judge’s decision on this subject was crystal clear, much of the media’s responses have been – to paraphrase Alan Greenspan – irrationally exuberant. The New York Times headline – hardly an isolated example – blared “Judge Rejects Teacher Tenure for California.”

Hardly. The judge ruled that letting teachers attain tenure after only two years – really 16 months – is unfair to both students and teachers. But in no way did he reject tenure out of hand; he merely pointed out that California was one of only five states to offer tenure or permanent status in two years or less. He went on to say that other states do it better, noting that the probationary period in 41 states is three to five years. (The other four states don’t allow tenure at all.)

What will a new tenure law look like? Given the California Teachers Association’s unbridled clout in the state legislature, we very well could wind up with a three year tenure period instead of two. A slight improvement, but hardly a game-changer.

Dismissal Statutes

The judge recognized that teachers certainly deserve due process rights, but indicated that the current dismissal statutes provide über due process. He acknowledged that “the number of grossly ineffective teachers has a direct, real, appreciable, and negative impact on a significant number of California students, now and well into the future for as long as said teachers hold their positions.”

Just what is that “significant number?” If each “grossly ineffective” teacher (the defense claims this applies to one to three percent of the profession) has 25 students in his class, it means that between 68,750 and 206,250 flesh-and-blood school children are getting little or no education every year. And astonishingly, teachers who are ineffective but not “grossly” so were not even considered. I can hear the conversation at a local public school:

Parent: I understand that my son is going to have an ineffective teacher this year.

Principal: That’s correct, ma’am, but not to worry, he is not “grossly” ineffective.

Parent: Sir, would you go to a surgeon who is known to remove appendixes but leaves the scalpel behind? Or a lawyer whose innocent clients regularly wind up in the slammer. Or an auto mechanic who puts brake fluid in your radiator?

Principal: Of course not, but those occupations are not unionized. Be grateful that your child’s teacher is just pretty bad and not one of the “grossly ineffective” ones.

Parent: Ah, of course! How silly of me not to realize that my child’s education is not really the priority of a unionized public school!

There is some good news here, however: AB 215, with the backing of reformers and the teachers unions, would seem to be a done deal. Though weak on dismissing incompetent teachers, the bill would at least shorten the interminable process to deal with teachers accused of egregious behavior. But getting rid of the merely ineffective ones will continue to be a gory battle with CTA leaning on the state legislature to make only minimal adjustments to the old statutes while trying to convince the court that the improvements are substantive.

Seniority

As things stand now in the Golden State (with very rare exceptions), if layoffs are necessary, decisions are made by a quality-blind last in/first out (LIFO) system. The judge mentioned that California is just one of ten states where “seniority is the sole factor or one that must be considered.” If the LIFO statute is removed from the education code, what is the probable scenario? The decision could be left to each individual school district, but again, given CTA’s influence in the state legislature, we will undoubtedly have a statewide law. Bill Lucia, president of Sacramento-based advocacy group EdVoice, suggests various options might be considered that “include elements of a seniority system but with exceptions made for excellent teachers or permanent teachers willing to serve in hard-to-staff schools.” And if that arrangement becomes reality, how should excellence be quantified? Standardized tests? Principal evaluation? Outsider evaluation? Should parents have a say? Some or all the above? A long ignored law in California which stipulates that a teacher’s evaluation must be based at least in part on how well her students perform on state tests should help, but due to the teachers unions’ hardcore stance against using student performance to measure teacher effectiveness, the conflict to replace LIFO will be a bloody one as well.

What’s next?

Nothing for now. While the decision is temporary and will not be final for another few weeks, the judge is unlikely to alter or modify it. And of course the California Teachers Association and the California Federation of Teachers have already announced that they are appealing the decision, an option also being weighed by the state of California. In the meantime, Judge Treu placed a stay on the ruling pending a decision by the California Court of Appeal. The case will undoubtedly make its way to the California Supreme Court. Thus, a final resolution could be years away. A denial of the appeal in the lower court, however, could remove the stay and Treu’s decision would have to be honored – at least temporarily – even if there is an appeal to the state Supreme Court.

The educational floodgates have been opened by Judge Treu. How everything will eventually play out is anybody’s guess, but one thing is certain – the war between teachers unions and the children of California is far from over.

(Prosecutor Marcellus McRae’s closing argument is riveting and provides a good overview of the case.)

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

 

Staples Removers

Not content with stifling education reform and school choice, teachers unions have a new target.

Dang! The teachers unions have been busier than ever lately. Trying to kill charter schools in California. Fighting teacher evaluations in Florida. Demonizing vouchers, well, everywhere. But now the unions’ have a new bête-noire: Staples.

Staples?

Yes, Staples.

The troubled office supply chain (closing 225 of its stores) has made a deal with the troubled U.S. Post Office (which lost $5 billion last year, in part due to a serious decline in volume) to open mini-USPS outlets in its stores. This move could bring customers to Staples and at the same time save the USPS money.

Sounds like a win-win, right?

Not if you are the American Postal Workers Union. The APWU is hopping mad, in fact. Back in April it staged a “National Day of Action” to protest the move. The union began to picket Staples stores and called for other unions to join their “Don’t buy campaign.” (Having a post office in stores was the norm when Ben Franklin created the P.O. concept two and a half centuries ago.)

Appalled at the mini-move to privatization, the California Federation of Teachers joined the fray and put out a press release on April 29th in which it expressed outrage and disgust at the deal, and asked teachers to boycott the chain. Never missing an opportunity to say something loopy, CFT president Josh Pechthalt pontificated,

These no-bid contracts point to a dirty deal. The consumer will suffer—a lack of postal training means less mail security and worse service, without any cost savings for the consumer…By this simple act—asking our members and educators across the country to buy their school supplies elsewhere—we put USPS management and a profit seeking corporation on notice that the quality of mail delivery is not for sale. (Emphasis added.)

The consumer will suffer? When’s the last time you stood in line for 20 minutes at Staples, cooling your heels, while the bulk of the employees were hanging out in the back enjoying their break, leaving one worker to deal with a dozen ticked-off customers?

But Pechthalt saved the best for last:

… When it comes to privatizing the U.S. mail, we say ‘no sale.’ Our members have choices where to buy school supplies, and we won’t shop at Staples as long as they operate postal counters without uniformed postal workers.

So, choice where to buy school supplies is good, but not where to mail a letter. Maybe if workers at Staples wear spiffy uniforms, that would make Mr. Pechthalt happy?

Then last week, the Michigan affiliate of the American Federation of Teachers joined the CFT boycott. As reported by POLITICO,

The unions made the move in solidarity with the American Postal Workers Union, which is furious over a plan to let Staples employees operate postal counters inside dozens of stores. The APWU has blasted the deal as a first step to privatizing the postal service. Teachers understand ‘how much we all have to lose when essential public services — like schools and post offices — are put in the hands of private companies with lower standards,’ said David Hecker, president of AFT Michigan. His group will press for a national boycott at the AFT convention this summer. (Emphasis added.)

Lower standards than the USPS?! Granted the P.O. is better than it used to be, but the improvement unsurprisingly coincided with the emergence of FedEx. The P.O., however, still trails the privately-owned company in reliability, courtesy and efficiency.

The bottom line here is that the teachers unions are monopolists. They despise the “right-to-work” concept which allows for choice in union membership. They fight tooth and nail against giving parents a choice where to send their kids to school. And now they don’t want to give us a choice where to buy stamps and mail a letter.

A competition-free world is a quality-free world. But the unions don’t give a rip about quality. They’re simply hell-bent on preserving their influence and protecting their bottom line by any means necessary.

It’s time for the rest of us to fight back. Go to Staples. Buy something. Tell them you like their postal venture. Give the manager a hug. At the same time, send an email to the unions and tell them that, as a consumer, you don’t approve of monopolies.

Well, at least the unions haven’t told us to boycott Staples “for the children” … yet.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Charter Chicanery

Teacher union sponsored bill is a serious threat to California’s charter schools.

It’s hardly a secret that teachers unions don’t like charter schools. These independent, publicly funded schools are typically not unionized (just 15 percent are in California), and therefore can avoid many of the burdensome rules and regulations which are chiseled into the state education code and burdensome, child-unfriendly union contracts.

There are currently 1,130 charter schools in California that teach 500,000 students, while another 50,000 kids sit on wait lists. Most studies show that these locally controlled schools do a better job than traditional public schools, especially with low-income students, English Learners, African-Americans and Latinos. There’s also mounting evidence that charter schools decrease dropout rates, increase college attendance rates and improve the quality of colleges that their graduates attend.

The teachers unions’ opposition to charters has led to attempts to snuff them out at worst, or at least to limit their growth. In 2011, the California Teachers Association’s AB 1172 would have allowed a chartering authority to deny a petition if it submits a written factual finding that the charter school would have a negative fiscal impact on the school district – but conveniently the bill lacked parameters or definition of that “impact.” The same year, the California Federation of Teachers’ AB 401 would have imposed an arbitrary cap of 1,450 charter schools in California through January 1, 2017. Thankfully, neither bill became law.

And now we have AB 1531, yet another bill cooked up by CTA which, at its core, would “require that the initial chartering authority appoint a majority of the members of the board of directors” of a charter school. This is nothing but a transparent attempt by the folks over at CTA command central to recover lost power by giving local school boards, which typically are the “initial chartering authority” – and frequently comprised of union-backed members who are hostile to charters – power over those schools. Lance Izumi, Director of Education Studies at the Pacific Research Institute, adds:

If charter-school organizers know that local school boards have the power to pass final judgment on who sits on their governing boards, they will be less likely to nominate people who possess talent, vision and commitment, but who are not likely to be confirmed by the local school board. Only people politically palatable to the school board will likely be nominated. There will be a chilling effect on the variety of people put forward to serve on charter-school governing boards, with the result that governing boards would end up becoming extensions of the school board.

In other words, charter schools would not be charter schools as we have known them. (You can’t remove the cherries from a cherry pie and still call it a cherry pie.)

CTA justifies the bill by claiming that it will protect teachers.

… CTA-sponsored AB 1531 by Ed Chau (D-Monterey Park) would ensure that employees of public charter schools are covered by the state’s public pension systems and by collective bargaining law. While the first provision would help protect their retirements, the second would ensure that they are protected by laws that give voice to educators. These protections are vital to helping public schools – charter or regular – attract and keep the highly qualified educators our students need.  

While the pension angle may sound reasonable, it is ultimately a red herring being played up by the union to make its power play seem altruistic. The IRS and Department of Labor have allowed charter school teachers and other school employees to participate in government pension plans since 1995. But in an entry beginning on page 69,180 of the November 8, 2011 Federal Register, the IRS issued advanced notice of proposed new regulations which include a redefinition of what is and is not a government entity. These things go through a public comment process and refinement before adoption, and can take many years to finalize. And absolutely no one knows how all this might affect charter schools.

This disastrous bill is best summed up by William Melton, president of the Albert Einstein Charter Academies, which is comprised of two charter schools in San Diego. He says that if AB 1531 becomes law, it would

… eliminate the autonomy of AEA’s Board of Trustees and would undo 20 years of education progress and choice for California’s parents and students. Essentially it would mean that AEA’s schools would convert to being district schools. AB 1531 is an attempt to take our communities back to 1991 when there were no charter schools in California and parent choice did not exist. (Emphasis added.)

Undoing 20 years of education progress and choice for California’s parents and students is just what CTA is attempting to do. Introduced in January, AB 1531 was recently approved by a narrow 4-3 vote in the Assembly Education Committee and now must pass muster in Appropriations later this month. Here’s hoping it dies there.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

California Federation of Teachers Boss Speaks Power to Troops

In a refreshingly candid speech, union leader minimizes bromides about “the children” and relentlessly bangs the class warfare drum.

In his March 22nd state-of-the-union talk to the faithful, California Federation of Teachers president Josh Pechthalt made no bones about the ultimate mission of his union. Absent were the usual silly platitudes like “working together with other stakeholders” and “if we need to strike, it will be for the children.” Nah. Pechthalt didn’t waste any time using weasel words. He went right to the heart of the union’s raison d’être, which is advancing a leftist agenda. Here are a few snippets from a speech that would have made the late Karl Marx beam:

… CFT has been a beacon of progressive, social justice unionism.

… we have consistently supported single payer health care reform….

We are currently part of a coalition with many of our Millionaires Tax and Prop 30 partners working on an effort to amend Prop 13….

The super wealthy and their swollen circle of reactionary think tanks and echo chamber conservative media are committed to eradicating what remains of the labor movement and giving corporations unlimited power over every aspect of American life.

We understand that central to the mission of public education is the need to advocate for a different kind of society…. (Emphasis in original.)

Don’t get me wrong – I am not implying that teacher union bosses don’t care about children. They care, in fact they really care, but maybe not in ways that you and I do. They tend to see children as avatars-in-training for the brave new world that they are attempting to shove down our throats.

But getting our own members organized won’t be enough. We must reach out to our students, their parents and our community members and organizations.

Pechthalt clearly gives no thought to his members who don’t have the same affection for the Comintern that he apparently does. According to Pechthalt’s counterpart, California Teachers Association president Dean Vogel, about one-third of teachers in California are Republican. I wonder what was going through their minds when Pechthalt said, “… open school libraries have become as rare as a congressional republican (sic) with something good to say about the affordable care act (sic).” But then again, it really doesn’t matter, because the way the unions have things rigged, those right-of-center members are still forced to fork over monthly dues just like everyone else. But when you are a true-believer in “social justice,” purloining money from unwilling teachers is nothing more than a bourgeois concern.

Pechthalt was especially rough on the Students Matter (Vergara v California) case, which aims to ensure that all kids in California have an effective teacher by removing the tenure, seniority and dismissal statutes from the state education code. His comments were ad hominem and oozed class warfare sentiments.

The latest attack on public education has been the Vergara lawsuit, backed by billionaires David Welch and Eli Broad and the corporate-friendly law firm of Gibson Dunn and Crutcher.

… We did that while one of the backers of the Vergara lawsuit, Eli Broad, put money into a failed secret Arizona PAC effort that pumped millions of dollars into California in the run-up to the 2012 election to try and defeat Prop 30 and try to pass prop 32, the anti-union initiative.

… The hard cold reality though is that the Vergara suit underscores our challenge: to convincingly tell our story and build deep relationships with parents and community partners in the face of (a) well-funded effort by the opponents of public education to lie and twist reality and erode our influence. (Emphasis added.)

The vilification of Broad is particularly ironic because he is a lifelong Democrat. And regardless of his political affiliation, to progressives, some billionaires are less equal than others. For instance, why the Koch Brothers are considered evil and involved in “dark money” but George Soros is portrayed as an angel of light is beyond me. (Okay, it’s not beyond me….)

And in all the yammering about billionaires and the evil rich, it’s worth noting that when it comes to political spending in California, a teachers union – the California Teachers Association – is #1 by far. Between 2000 and 2013, it spent over $290 million on candidates and causes. That was far more than dreaded corporations AT&T, Chevron and Philip Morris spent in the Golden State combined.

Pechthalt’s and CFT’s attempts to conduct class(room) warfare by aggrandizing the union movement are well-documented.  Courtesy of Kyle Olson’s Indoctrination, we know that CFT has put out “lessons” for tots as young as five. In “Trouble in the Henhouse: A Puppet Show” we find an oppressive farmer whose hens unionize and convince the heartless farmer that he’d better respect them “or else.” Then there is “The “Yummy Pizza Company,” another lesson from CFT – actually ten – that delves into the process of organizing a union local. They include instructions on how to collectively bargain as well as a sanitized look at prominent labor leaders. Click Clack Moo, a popular book promoted by CFT parent organization AFL-CIO, tells second graders about unhappy cows that refuse to work until the mean farmer is forced to meet their demands.

It’s important to note that the “workers of the world unite and bring your children to the party” mentality is hardly new for CFT. This is the organization that brought us “Tax the Rich: An Animated Fairy Tale” in 2012. This vile video pushed class warfare to the limit, attempting to whip up hatred of people who have been successful in life but “don’t pay their fair share of taxes.” As Investors Business Daily described it,

“Rich people love their money more than anything in the whole world,” narrates Hollywood actor and noted leftist Ed Asner, in tones used in reading to schoolchildren. “Over time, rich people decided they weren’t rich enough so they came up with ways to get richer.”

…The bile that oozes in the union’s puerile seven-minute screed was unspeakable: The world was a paradise full of good jobs and safe streets until “rich people” decided to get more money, so the video begins.

Instead of paying their “fair share” of taxes, the rich decided to do three things: seek tax cuts, engage in loopholes and evade taxes by shipping their fortunes to the Cayman Islands, illegally of course, mendaciously suggesting that any financial tie with the Caymans is illegal.

It only gets worse: The rich people’s supposed greed led them to buy media and politicians, with a not-so-subtle cartoon depiction of a man who looks a lot like Fox News owner Rupert Murdoch, and then money amassed as coins in big stacks, which then crashed down first on middle class people’s houses, and then on the jobs of police, firefighters, teachers and librarians.

After that “the rich” tried to blame defaulted mortgage holders and after that, teachers and firefighters (conveniently ignoring the bloated pensions and entitlements and waste that are the doings of public employee unions). “Maybe it was the firefighters,” Asner sarcastically narrated.

The scene that received the most attention was of a rich man urinating on the “poor.” CFT pulled that scene shortly after posting, but no matter, the highly offensive video was a shameful attempt to indoctrinate children into the ugly world of class conflict.

It is essential that teachers who are more in love with teaching than with CFT’s attempts to wage war on rich people stop supporting the union’s political agenda. (To learn how to do this, go here.) Until teachers do that, they are complicit in the union’s overall mission, which is dedicated to promoting class warfare and indoctrinating children.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Pull the Plug on LIFO Support

Despite bellyaching from the union crowd, the California education code’s last in/first out (LIFO) statute must be tossed.

California’s fiscal problems have taken a toll on the teaching profession in California. And the Golden State’s arbitrary seniority system, whereby staffing decisions are made by time spent on the job, has made things much worse. A recent Sacramento Bee story spells out the details:

Young teachers have become far more scarce in California classrooms after school districts slashed their budgets to survive the recession.

From 2008 to 2013, California saw a 40 percent drop in teachers with less than six years’ experience, according to a Sacramento Bee review of state data.

As the state cut funding, districts laid off teachers with the least seniority and stopped hiring new applicants. Those employment practices, in turn, discouraged college students from pursuing the profession in California, as enrollment in teaching programs fell by 41 percent between 2008 and 2012. (Emphasis added.)

Not surprisingly, while traditional public schools have been taking a beating, charters – which are rarely unionized and don’t honor seniority – have flourished. In fact, there are over 50,000 kids on charter school wait lists in California.

Charter schools educate about 10 percent of Sacramento County’s students, but last year they employed 40 percent of the region’s first- and second-year teachers. Teachers at five schools in the Sacramento City Unified District – all charters – averaged less than five years in the profession in 2013. They were Capitol Collegiate Academy, Sol Aureus College Preparatory, Yav Pem Suab Academy, St. Hope Public School 7 and Oak Park Preparatory Academy.

Studies that have been done on seniority have nothing good to say about it. For example, The New Teacher Project found that only 13 to 16 percent of the teachers laid off in a seniority-based system would also be cut under a system based on teacher effectiveness.

The nonpartisan California Legislative Analyst Office found that basing employment decisions on the number of years served instead of teachers’ performance “can lead to lower quality of the overall teacher workforce.”

Also, by not using seniority, fewer teachers would need to be laid off. Due to the step-and- column method of paying teachers, veteran teachers, whether they deserve to or not, make considerably more than younger ones. In a policy brief, the Annenberg Institute reports:

Because more experienced teachers are generally higher on the salary scale than newer teachers, districts would actually be able to meet budget goals with fewer layoffs if they had more leeway to fire teachers across the board, based on quality, not seniority.

Sadly, seniority-based layoffs take a much bigger toll on poor and minority schools. When senior teachers have the opportunity, they frequently escape these hard-to-staff schools, leaving rookies in their place. So when layoffs become necessary, as they did during the recent recession, the younger teachers are the first to get pink-slipped, saddling impoverished students with revolving subs. This results in the least stable education environment imaginable and has a lot more to do with the failure of inner city schools than the “poverty is destiny” crowd would have you believe. Accordingly, the ACLU jumped on this issue in 2010.

In Reed v. State of California, … the Superior Court of the State of California, County of Los Angeles, considered whether to grant a preliminary injunction in favor of a group of students to stop the Los Angeles Unified School District (“LAUSD”) from laying off more teachers at three middle schools in the district. The Superior Court concluded that “notwithstanding any contractual or statutory seniority-based layoff provisions,” the State of California and LAUSD should be restrained and enjoined “from implementing any budget-based layoffs of teachers” at three LAUSD middle schools that have been devastated by teacher layoffs in 2009.

The three middle schools at issue, Samuel Gompers Middle School (“Gompers”), John H. Liechty Middle School (“Liechty), and Edwin Markham Middle School (“Markham”), are each ranked in the bottom 10% of schools in California in terms of academic performance. During a 2009 reduction in force (“RIF”), LAUSD sent RIF notices to 60% of the teachers at Liechty, 48% of the teachers at Gompers, and 46% of the teachers at Markham. These figures are in contrast with the fact that LAUSD only sent notices to 17.9% of all of its teachers. The RIFs resulted in a large number of teacher vacancies at all three schools.

The settlement reached between the plaintiffs, LAUSD and the Mayor’s Partnership for Los Angeles Schools protected students

… in up to 45 Targeted Schools in the unfortunate event of budget-based teacher layoffs and provides support and resources aimed at stabilizing and improving these schools, including retention incentives for teachers and principals. The Targeted Schools will be determined annually and will include 25 under-performing and difficult-to-staff schools that have suffered from staff retention issues yet are starting to make positive strides. In addition, up to 20 schools will be selected based on the likelihood that the school will be negatively and disproportionately affected by teacher turnover. To ensure that any impact from preserving teacher positions at the Targeted Schools is fairly distributed, the settlement provides that no school at or above the district-wide average of layoffs will be negatively affected.”

But several months later, the United Teachers of Los Angeles, threatened by a shake-up to the status quo, successfully appealed the decision and the settlement was nullified.

While adamant about protecting seniority, the teachers unions and their fellow travelers have only bromides and falsehoods to bolster their position. When A.J. Duffy, then UTLA president, talked to some young teachers at Liechty Middle School – one of the three named in the ACLU suit – he said, “Saving your jobs would mean that more experienced teachers would lose theirs…. Seniority is the only fair way to do it… and any exception would be ‘an act of disloyalty.’”

State Superintendent Tom Torlakson was dutifully  toeing the union line when he stated, “The {ACLU} ruling could hurt students by requiring them to be taught by inexperienced teachers rather than finding ways to bring in more experienced and arguably more effective teachers.”

Continuing the “experience trumps all” line of thought, the California Federation of Teachers website proclaims, “Seniority is the only fair, transparent way to administer layoffs. It ensures equal treatment for all teachers … Research consistently shows more experienced teachers provide better student learning outcomes than inexperienced teachers.”

But of course, not all teachers are “equal” and the “experience = better” mantra is a myth. Time on the job is not a proxy for quality. Most studies show that a teacher’s effectiveness maxes out in 3-5 years and that the majority of teachers do not improve over time. Actually, some studies show that teachers become less effective toward the end of their careers.

As edu-pundit RiShawn Biddle pointed out in 2010,

… what’s truly appalling is the teachers union defense of last hired-first fired and of seniority rights. It lays bare some of the most-glaring flaws in union thinking: How can unions demand equal pay and treatment for all workers while advocating work rules and compensation that favor one group of rank-and-file members over another? How can the NEA and AFT call themselves unions of modern professionals – and demand that teaching be considered on an equal footing with lawyers and doctors – when they defend labor practices best-suited for early 20th-century factory workers?

Yes, their insistence on seniority exposes the teachers unions’ industrial-style nature. For them, teachers are nothing more than interchangeable, dues-paying widgets and teacher competence and effectiveness are of no discernible consideration. The arbitrariness of such a set-up is epitomized by Bhavini Bhakta, a teacher-of-the-year who lost teaching positions in four Southern California schools over eight years because she lacked seniority. One of her yearly encounters with LIFO involved a situation where either she or another teacher-of-the-year – who was hired on the same day – was to be laid off. The district had the teachers pull numbered Popsicle sticks out of a hat to see which one kept her job. Ms. Bhakta got a lower number and thus lost her position, yet again.

Standardized tests, evaluations by impartial trained experts, the principal and parents, etc. should all be utilized to determine a teacher’s value. And certainly, we need to have a conversation about how much weight should be given to each of these and possibly other criteria. But for the sake of the kids and the teaching profession, we need to put the Popsicle stick method of teacher retention – also known as seniority – into the garbage.

Postscript: There is a chance that seniority could be in for a major upheaval in the near future. The Students Matter (Vergara v California) case is winding up and will shortly be in the hands of Judge Rolf Treu. If he finds for the plaintiffs, and the ruling survives the inevitable appeal, LIFO – as well as tenure and the dismissal statutes as we know them – will be removed from California’s education code and be rendered unconstitutional.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Tenure, Temerity and the Truth

Los Angeles Times op-ed and teachers union defense of educational status quo are packed with malarkey.

Now in its third week, the Students Matter trial still has a ways to go. Initially scheduled to last four weeks, the proceedings are set to run longer. On Friday, Prosecutor Marcellus McRae told Judge Rolf Treu that the plaintiffs need another week and a half or so to conclude their case before the defense takes over. The coverage of the trial has been thorough, with the Students Matter website providing daily updates, as has the always reliable LA School Report.

The media have generally been either neutral or supportive of the case, which claims that the tenure, seniority and dismissal statutes enshrined in the state Ed Code hurt the education process in the Golden State, especially for minority and poor kids. The defendants are the state of California and the two state teachers unions – the California Teachers Association and the California Federation of Teachers.

Having studied and written about the case extensively, I am of the opinion that the defense has no defense and that the best that they can do is to muddy the waters to gain favor with judge. In an effort to learn what the defense will come up with, I have tried to read everything I can by folks who think the lawsuit is misguided. I have written before about California Teachers Association president Dean Vogel’s rather inept argument presented in the December issue of CTA’s magazine.

The CTA website has been posting more about the case as the trial has progressed, and it would appear that desperation has set in. The union’s old bromides hold about as much water as a ratty sponge.

The problems we face with layoffs are not because of Education Code provisions or local collective bargaining agreements, but lack of funding.

No, the problem is who is getting laid off; we are losing some of the best and the brightest, including teachers-of-the-year due to ridiculous seniority laws.

The lawsuit ignores all research that shows teaching experience contributes to student learning.

Not true. Studies have shown that after 3-5 years, the majority of teachers don’t improve over time.

The backers of this lawsuit include a “who’s who” of the billionaire boys club and their front groups whose real agendas have nothing to do with protecting students, but are really about privatizing public schools.

Oh please – the evil rich and the privatization bogeyman! Really! Zzzzz.

Then we have cartoonist Ted Rall who penned an op-ed for the Los Angeles Times last week, which is mostly concerned with “tenure tyranny.” This wretched piece is maudlin sophistry at its gooiest.

First, Rall needs to get his verbiage straight. K-12 teachers do not get tenure. What they achieve after two years on the job is “permanent status.” Permanent status! What other job on the planet affords workers something called “permanence,” and getting rid of an inept teacher who has reached that lofty perch is just about impossible. But Rall makes the claim that, “Tenure doesn’t prevent districts from firing teachers. It makes it hard. (Not impossible: 2% of teachers get fired for poor performance annually.)”

The 2 percent figure is a half-truth. During the first two years on the job, a teacher can be let go relatively easily for poor performance. Maybe two percent of newbies don’t cut it. But what Rall and his teacher union buddies don’t tell you is that, in California, for example, about ten teachers a year out of nearly 300,000 (.003 percent) who have attained “permanence” lose their jobs. Of those, a whopping two teachers (.0007 percent) get canned for poor performance.

This is a disgrace, and most teachers know it. In fact, according to a recent survey of teachers working in Los Angeles conducted by the National Council on Teacher Quality, 68 percent reported that “there were tenured teachers currently working in their schools who should be dismissed for poor performance.”

Then Rall goes off the rails on tenure, saying that what’s wrong with tenure is that “only teachers can get it.”  (When you go to a doctor for a serious medical condition, Mr. Rall, do you want to see the best one or any old quack who still has an MD after his name?)

Rall then ventures into other areas. He whines twice about his mother’s (a retired public school teacher) “crummy salary.” He apparently hasn’t read much on the subject. In fact, the most recent study on teacher pay shows that when perks like healthcare and pension packages are taken into consideration, today’s teachers are in fact overpaid. Armed with facts, charts and a bevy of footnotes, Heritage Foundation’s Jason Richwine and American Enterprise Institute’s Andrew Biggs explain,

Workers who switch from non-teaching jobs to teaching jobs receive a wage increase of roughly 9 percent, while teachers who change to non-teaching jobs see their wages decrease by approximately 3 percent.

When retiree health coverage for teachers is included, it is worth roughly an additional 10 percent of wages, whereas private sector employees often do not receive this benefit at all.

Teachers benefit strongly from job security benefits, which are worth about an extra 1 percent of wages, rising to 8.6 percent when considering that extra job security protects a premium paid in terms of salaries and benefits.

Taking all of this into account, teachers actually receive salary and benefits that are 52 percent greater than fair market levels. (Emphasis added.)

Then Rall gets political. He writes,

During the last few decades, particularly since the Reagan administration, the right has waged war on teachers and their unions. From No Child Left Behind to the sneakily anti-union, anti-professionalization outfit Teach for America to the Common Core curriculum, conservatives are holding teachers accountable for their kids’ academic performance.

Reagan? What did his administration do?

The sneakily anti-union, anti-professionalization outfit Teach for America

Do you mean the very successful organization that identifies young teacher-leaders and trains them for service, founded and run by social justice advocates who have made (some) peace with the National Education Association? That TFA?

Common Core?

Sorry, but it is a bipartisan issue. In fact, your beloved teachers unions, including NEA president Dennis Van Roekel and AFT President Randi Weingarten, support it.

…conservatives are holding teachers accountable for their kids’ academic performance.

Horrors! Holding teachers accountable for their work! If not them whom?  The school bus driver? And for crying out loud, it’s not just conservatives who are demanding teacher accountability. StudentsFirst’s Michelle Rhee, American Federation of Children’s Kevin Chavous, Democrats for Education Reform’s Joe Williams and former CA state senator Gloria Romero, all want more accountability and none of them qualify as right wingers.

Rall’s piece ends with an editor’s note:

[Correction, 11:26 a.m., February 6: An original version of this post incorrectly described Students Matter as a “right-wing front group.” The post also linked to the wrong David Welch, founder of Students Matter.]

If the editors think that this is the only errata, they most definitely need to review this bilge and reexamine every word, including “and” and “the.”

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Let’s Flush the Bathroom Bill

A new California law is agenda driven, hurts kids and is totally unnecessary.

A look back through recent history reveals that legislators and the educational establishment, taking its marching orders from the teachers unions, have needlessly foisted sexuality into children’s lives. The radical agenda of the activists seeks to divest children of any prudish, old-world morality imposed upon them by their clueless, Neanderthal parents. Just a few cases in point:

  • In 2004, the National Education Association gave its prestigious Human Rights Award to Kevin Jennings, founder of the Gay, Lesbian, Straight Education Network (GLSEN). This is the group that presided over the infamous “Fistgate” conference held at Tufts University in Massachusetts in March 2000, where state employees gave explicit instructions about “fisting” and other forms of gay sexual activity to children as young as 12. The conference was secretly recorded and its extraordinarily vile contents can be heard here.
  • At a UN conference in 2011, Diane Schneider, an NEA Lesbian, Gay, Bisexual and Transgender (LGBT) Trainer of Trainers, said “Oral sex, masturbation, and orgasms need to be taught in education.” She told this to the audience at a panel on combating homophobia and transphobia. Additionally, she advocated for more “inclusive” sex education in US schools, with curricula based on “liberal hetero and homosexual expression.” Lest parents think they could just excuse their child from that class, she claimed that the idea of sex education “remains an oxymoron if it is abstinence based, or if students are still able to opt-out.” She then added that comprehensive sex education is “the only way to combat heterosexism and gender conformity.”

“Gender identity expression and sexual orientation are a spectrum,” she explained, and said that those opposed to homosexuality “are stuck in a binary box that religion and   family create.”

  • Later in 2011, with a $1,500 grant from the California Teachers Association, a group called Gender Spectrum presented some rather interesting lessons over two days to the entire school of 350 students. The specifics were reported by Fox News, which was invited to sit in on the lessons.

Joel Baum, director of education and training for Gender Spectrum, taught the classes. In the kindergarten class he asked the 5- and 6-year-olds to identify if a toy was a “girl toy” or a “boy toy” or both. He also asked which students liked the color pink, prompting many to raise their hands, to which he responded that boys can like pink, too.

In the fourth-grade class, Baum focused on specific animal species, like sea horses, where the males can have or take care of the children. He suggested that even if someone was born with male “private parts” but identified more with being a girl, that was something to be “accepted” and “respected.”

Students in the class were given cards, which included information on all-girl geckos and transgender clownfish, to illustrate the variations in nature that occur in humans, too.

“Gender identity is one’s own sense of themselves. Do they know themselves to be a girl? Do they know themselves to be a boy? Do they know themselves to be a combination?” Baum said. “Gender identity is a spectrum where people can be girls, feel like girls, they feel like boys, they feel like both, or they can feel like neither.”

The question here becomes why are elementary school children being exposed to sexual concepts and anomalies that they are totally incapable of understanding and are frequently very frightening and confusing to them?

  • That same year Californians were subjected to the “FAIR Act,” also known as the LGBT History Bill, a law

which compels the inclusion of the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social studies curricula in California public schools by amending the California Education Code.

And this year a “transgender rights” bill was ushered in, supported by the California Teachers Association and the California Federation of Teachers. Passed into law in August, the essence of AB 1266 – the “bathroom bill” – can be summed up in its final 37 words:

A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.

The law, written by San Francisco assemblyman Tom Ammiano, is being touted as necessary to protect the civil rights of students who have sexual identity issues. But there already are laws on the books to protect them. Instead, as political strategist Frank Schubert points out, the law is intended to

advance an adult political agenda by special interests who wish to use our public schools as a tool to strip gender and gender differences from societal norms. In the process, the privacy and security interests of all students, including those who are transgendered, are compromised.

Schubert then goes on to point out what is specifically wrong with the law:

One Size Fits All. The bill mandates a “one size fits all” approach, failing to provide educators with flexibility to choose less-invasive solutions, such as giving transgendered students access to private or faculty facilities, or customizing approaches that meet the unique needs of a transgendered student. As a result, many transgendered students may find themselves stigmatized by AB 1266, unable to avail themselves of solutions designed to meet the needs of the specific student and instead forced into a “one size fits all” approach. For example, some school districts currently give transgendered students the option of choosing a single stall bathroom for increased privacy. AB 1266 is so poorly drafted that it may eliminate this option.

Lacks Safeguards. Some California school districts have existing rules that give transgendered students the ability to use bathroom and locker room facilities consistent with their so-called gender identity, but those jurisdictions have at least adopted some minimal standards to guard against abuse. For example, in order to claim a gender identity that differs from their biologic sex, a student in San Francisco must have presented a gender identity “exclusively and consistently at school.” AB 1266 contains no such requirement, allowing any student to assert a gender identity at school at any time.

No Parental Involvement. AB 1266 also fails to provide a role for parents in determining a course of action for a student. Some students may be suffering from gender confusion, wherein a teen is genuinely confused about the strong feelings they have identifying with the gender opposite of how they were born. Involving the child’s parents in fashioning a course of conduct for that student could be critical to his or her ultimate well-being, yet AB 1266 contains no provisions for parental involvement.

Lacks Balance. AB 1266 fails to include any provisions that seek to balance the interests of a transgendered student with the rights of all other students. This is especially important in the critical area of personal privacy. Current policies in some districts provide for “accommodation and the needs and privacy concerns of all students involved.” AB 1266 fails to provide any balance or reasonable accommodation in its approach.

Perhaps the least reported facet of this contentious law is just how many children would be affected by it. An advocacy group, The National Center for Transgender Equality reports that “between ¼ and 1% of the population is transsexual.” The Williams Institute, which is “dedicated to conducting rigorous, independent research on sexual orientation and gender identity law and public policy” claims that there are 700,000 transgender individuals in the US.

That comes down to .233 percent of the total population. Therefore, in a school of 600, one or two students may be classified as sexually conflicted. So does it really make sense to run a major social experiment on 598 or 599 kids for the possible benefit of one or two?

Of course not.

To be sure, there are children who have genetic conflicts and their needs should be addressed, but the new law is not doing them or anyone else any favors. It’s about in-your-face, forced acceptance of an envelope-stretching political agenda that many of us don’t want. Instead of a sweeping law to help the afflicted few, how about a simple decision to let those who have “gender identity” issues use separate unisex bathrooms and private changing areas if they are not comfortable using the facilities that comport with the body parts they were born with?

Additionally, because the law is so poorly written, it will undoubtedly be gamed by some teenage boys who will have figured out how to get a free trip into the girls’ bathroom, not to mention showers.

Perhaps this potentially toxic legislation would have been better written for adults – same law, but require that it applies to the legislators and teachers’ organizations that made this abomination a reality. Not a chance of that happening; the adults wouldn’t stand for it.

Where to go from here?

There is a group that is fighting back. “Privacy for All Students” is an ad hoc coalition of parents, students and faith groups, established for the sole purpose of getting an initiative on the ballot to repeal the new law. “Privacy for All Students” has until November 12th to submit the signatures of approximately 505,000 voters to qualify the referendum. If enough signatures are submitted to elections officials, the law will be suspended and won’t take effect, as planned, on January 1st. Instead, the proposition would appear on the November 2014 statewide ballot.

Interestingly, the due date for the signatures is eight days before the Transgender Day of Remembrance” – a holiday that is acknowledged in schools across California. Perhaps it’s time to consider a “Children’s Day,” one that celebrates the right of all children to have their privacy and dignity respected.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Stop forcing teachers to join unions

My students and I begin each morning reciting the Pledge of Allegiance. We proudly salute the banner of our great nation because we believe in “liberty and justice for all.” A disturbing truth haunts me during each pledge, however. Laws that favor unions over the needs of many students and teachers are robbing us of our promised “liberty and justice.”

Webster’s online dictionary defines liberty as “the quality or state of being free; positive enjoyment of various social, political, or economic rights and privileges; the power of choice.”

In 26 states, teachers are denied civil liberties by being forced to pay union dues as a condition of employment. To make matters worse, much of the dues are used to rob those teachers of justice.

In California, dues average $1,000 a year. Unions admit that more than 30 percent are used for “non-representational” politics that have nothing to do with serving their members. Furthermore, collective bargaining has become so political that many teachers believe the amount spent on political action is considerably higher than the 30 percent to which unions admit.

Sadly, much of the political activity leads to laws and practices that are harmful and objectionable to many teachers, their students, and the taxpayers who not only have to pay unions through tax-funded teachers’ salaries, but are hit again when union politics lead to increased taxes and undesirable laws.

Many Californians are shocked by the passage of AB 1266, which, beginning Jan. 1, will allow transgender students in K-12 schools to use bathrooms and locker rooms consistent with their “gender identity.” Teachers don’t want to harm or single out transgender children; however, teachers are protectors of all children in their care.

In order to give special protection to a very small minority of students, the great majority of children will be subjected to embarrassment and shame. As teachers learn of this law, many oppose it; however, the California Teachers Association (CTA) supported it fully, using the dues of its members.

Unions say that teachers who disagree with their political agenda can “opt out,” and become “agency fee payers.” Tragically, what they neglect to mention is that teachers who exercise their rights to free speech (by opting out of the “non-representational” political portion of the dues) are still required to pay approximately $700 a year. In return for these massive dues, fee payers are bullied, treated as outsiders, labeled “non-members,” and lose all “rights of membership” including liability insurance, voting privileges, and the right to serve within union leadership.

Furthermore, teachers are supposed to be grateful for unsolicited collective bargaining assistance that often creates negative work environments and leads to laws that protect incompetent teachers, increase taxes, and harm students.

In May 2013, nine children filed a lawsuit against the state seeking to challenge union-initiated laws that make it difficult for all students to access high-quality teachers. CTA and California Federation of Teachers (CFT) filed a motion to intervene, and were allowed to join as defendants against the children. Many teachers are cheering for the kids, but sadly, our forced dues are being used to fight against the very children we desire to protect.

As teachers, we have attempted to make our voices heard within our union leadership for years, but unfortunately, our personal liberties aren’t valuable to the union we’re forced to hire as our “representative.” As a result, nine other teachers and I are suing CTA and its affiliate National Education Association (NEA) to obtain freedom from forced unionism. Ironically, the union is using our dues to fund the court battle against us.

There are real-life consequences stemming from legal authority given to unions to collect forced dues. Martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” My friends and I lost our rights to “liberty and justice for all” the day we became teachers. This week we celebrate the “California Teacher Freedom Project;” it’s my hope that freedom-loving Americans will stand up for the individual liberties of all employees forced into unions.

Rebecca Friedrichs is an Orange County educator and one of the plaintiffs in Friedrichs v. California Teachers Association. This originally appeared as a guest editorial in the Riverside Press-Enterprise and appears here with permission from the author.