If you live in Pennsylvania, as I do, you must be shaking your head at the shenanigans of our state legislature.
Monday the state Senate passed their version of an anti-seniority bill that was given the thumbs up by the House last summer.
Thankfully, Gov. Tom Wolf is expected to veto it.
As usual, lawmakers (or more accurately their surrogates at the American Legislative Exchange Council (ALEC) who actually wrote the bill) spent more time on branding the legislation than appealing to logic, sense or reason. The bill called HB 805 was given the euphemistic title “The Protecting Excellent Teachers Act.”
Yes, this is exactly how you protect excellent teachers – by making it easier to fire them.
Currently, if teachers are furloughed, those with least seniority go first. Under this new law, teachers would be let go based on their academic rating. Teachers can have one of four ratings: Distinguished, Proficient, Needs Improvement and Failing. Under the new legislation, teachers rated Failing would be furloughed first, followed by those under Needs Improvement, etc. Within those categories decisions would be made based on seniority.
It sounds great – if you know absolutely nothing about Pennsylvania public schools.
First off, in 2015 our rating system found 98.2% of state teachers to be in the highest two rating categories. So at best this bill is next to meaningless.
Second, like virtually all value added rating systems across the country, our rating system is pure bull crap. It’s a complicated measure of meaningless statistics, student test scores and mumbo jumbo that can be twisted one way or another depending on the whims of administrators, dumb luck and the phases of the moon.
A New York Supreme Court judge just ruled this week that the Empire state’s similar teacher rating system is “arbitrary” and “capricious.” But in Pennsylvania our legislators want to make it the axe that slices away teachers from the profession.
Third, the bill isn’t really about seniority at all. It’s about making it easier to fire teachers no matter how good they are at their jobs. Currently, state school districts are not allowed to furlough teachers based on lack of funds. This new legislation aims to remove that impediment.
It makes sense in a way. Pennsylvania lawmakers refuse to properly fund public schools so they have to make it easier to downsize. You’re welcome, taxpayers!
If this bill becomes law, school directors could fire whomever administrators want for whatever reason.
Admin: Mr. Smith, you’re fired.
Admin: Um. Financial reasons.
Smith: But I’m rated as Distinguished.
Admin: Not after we adjust the formula, mess with your class rosters and all around juke the stats to show you’re Failing.
Seniority is not perfect, but it avoids all these high jinks. It leaves no questions, nothing that can be easily altered. Either you have seniority or not. And if administrators have been doing their jobs by making sure good teachers stay and bad teachers are trained or let go, seniority correlates with good teaching. If you’ve been in the classroom for a long while, you’re probably a pretty descent teacher. Like anything else, practice makes perfect.
The public has to realize something about teaching at a public school. It is a deeply political job. You are subject to the whims of school directors, administrators, parents or anyone in the community with an axe to grind. You simply can’t do the job without some protections. How else can you fairly grade the school director’s child? How else can you exercise academic freedom to do what you think best if every decision is subject to committee?
It is highly ironic that Pennsylvania lawmakers are pursuing this legislation when they have done everything in their power to protect their own jobs first.
You want to talk seniority? Look to the legislature.
Incumbents are almost always re-elected. Why? Not because they do such a great job. They’ve made sure to gerrymander the state. Republicans reside in overwhelmingly Republican districts, Democrats in overwhelmingly Democratic ones.
This is no accident. A few years back, legislators redrew district borders to make sure they’d keep their jobs no matter how crappy they were at governance. It is deeply unfair and undemocratic. The majority of voters do not get a say. Instead, we cater to special interests and protect terrible legislators so they can pass crap like this bill without fear of repercussions during election season.
Do you think lawmakers would have refused to pass a state budget this year until 9 months after the deadline if they thought voters could actually hold them accountable? No way!
Do you think they’d withhold fair funding to the majority of public schools in the state if they thought the majority of voters had a say whether these knuckleheads stayed in power? Absolutely not!
And worst of all, even with Gov. Wolf’s promised veto, the crisis is far from over. When next year’s budget comes up for a vote in June and the Governor again asks for equitable funding for schools, legislators are bound to use HB 805 as a bargaining chip.
“You want some money for our kids’ schools? Then you’d better make it easier to fire teachers,” they’ll say.
Protect excellent teachers? Ha! They’re protecting terrible legislators.
We’ll never have good governance in this state again unless we find a way to redraw our gerrymandered districts. We need a voter referendum, a nonpartisan committee or – here’s a long shot – we need for extremist residents of these gerrymandered districts to revolt against the politicians hiding behind them.
Until then, we will be forever cursed with terrible lawmakers, execrable laws, under-resourced schools and a crumbling state.
Click HERE to find out how your representatives voted on HB 805.