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Jeff Bernstein

Firing teachers based on bad (VAM) versus wrong (SGP) measures of effectivene... - 0 views

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    In the near future my article with Preston Green and Joseph Oluwole on legal concerns regarding the use of Value-added modeling for making high stakes decisions will come out in the BYU Education and Law Journal. In that article, we expand on various arguments I first laid out in this blog post about how use of these noisy and potentially biased metrics is likely to lead to a flood of litigation challenging teacher dismissals. In short, as I have discussed on numerous occasions on this blog, value-added models attempt to estimate the effect of the individual teacher on growth in measured student outcomes. But, these models tend to produce very imprecise estimates with very large error ranges, jumping around a lot from year to year.  Further, individual teacher effectiveness estimates are highly susceptible to even subtle changes to model variables. And failure to address key omitted variables can lead to systemic model biases which may even lead to racially disparate teacher dismissals (see here & for follow up , here) .
Jeff Bernstein

A Legal Argument Against The Use of VAMs in Teacher Evaluation - 0 views

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    "Value Added Models (VAMs) are irresistible. Purportedly they can ascertain a teacher's effectiveness by predicting the impact of a teacher on a student's test scores. Because test scores are the sin qua non of our education system, VAMs are alluring. They link a teacher directly to the most emphasized output in education today. What more can we want from an evaluative tool, especially in our pursuit of improving schools in the name of social justice? Taking this a step further, many see VAMs as the panacea for improving teacher quality. The theory seems straightforward. VAMs provide statistical predictions regarding a teacher's impact that can be compared to actual results. If a teacher cannot improve a student's test score in relatively positive ways, then they are ineffective. If they are ineffective, they can (and should) be dismissed (See, for instance, Hanushek, 2010). Consequently, state legislatures have rushed to codify VAMs into their statutes and regulations governing teacher evaluation. (See, for example, Florida General Laws, 2014). That has been a mistake. This paper argues for a complete reversal in policy course. To wit, state regulations that connect a teacher's continued employment to VAMs should be overhauled to eliminate the connection between evaluation and student test scores. The reasoning is largely legal, rather than educational. In sum, the legal costs of any use of VAMs in a performance-based termination far outweigh any value they may add.1 These risks are directly a function of the well-documented statistical flaws associated with VAMs (See, for example, Rothstein, 2010). The "value added" of VAMs in supporting a termination is limited, if it exists at all."
Jeff Bernstein

L.A. teachers union drops legal challenge to evaluation system - latimes.com - 0 views

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    The union for Los Angeles teachers has suspended its legal challenge to a pilot evaluation program that includes using standardized test scores as part of a teacher's performance review. The union also reserved the right to reactivate the case should talks with the district sour. A joint statement released by L.A. schools Supt. John Deasy and United Teachers Los Angeles President Warren Fletcher said the two sides agree that current teacher evaluation procedures need improvement.
Jeff Bernstein

Chartering Equity: Using Charter School Legislation and Policy to Advance Equal Educati... - 0 views

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    Guided by the assumptions that charter schools will be part of our public educational system for the foreseeable future; that charter schools are neither inherently good, nor inherently bad; and that charter schools should be employed to further goals of equal educational opportunity, including racial diversity and school success, this policy brief addresses the challenge of using charter school policy to enhance equal opportunity.  Part I of the brief provides an overview of equal educational opportunity and its legal foundations and offers a review of prior research documenting issues concerning charter schools and their impact on equity and diversity. Part II presents detailed recommendations for charter school authorizers, as well as state and federal policymakers, for using charter schools to advance equal educational opportunity. The accompanying legal brief offers model language designed to augment existing charter school laws by adding language particularly aimed at ensuring that charter schools serve as a vehicle of reform consistent with the value of equal educational opportunity. 
Jeff Bernstein

Special Education Subgroups Under NCLB: Issues to Consider - 0 views

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    This study found that schools fail to make AYP most often because of the students with disabilities subgroup. The failure of the special education subgroup to make AYP occurs mainly because the students with disabilities subgroup is expected to maintain the exact same proficiency levels as their general education peers-a standard that has proved to be problematic because special education students often start out with lower average test scores than general education students. In addition, the students with disabilities subgroup is the only subgroup in which actual limitations on ability to learn might come into play. The existence of these limitations calls into question the wisdom of trying to close the general education-special education "achievement gap" at the same pace as the race- or class-based achievement gaps. In addition to quantitative methods, this study also used legal research techniques to examine the legal impact that the two laws are having on students with disabilities.
Jeff Bernstein

A Tale of Two Cities: Fear and Hope in Education Policy and Unions - Leading From the C... - 0 views

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    Last February, two very different narratives played out in Denver and Madison. In Madison, political vandals tried to take out one of the state's great civic institutions: public sector unions. Unions were radically reduced in their capacity to bring the wisdom of the practitioner voice to policy. They were loaded down with legal requirements designed to hobble them with an obsession with mere survival. They lost legal rights to speak for workers in any meaningful way. We know the story: it was big news. In Denver, overshadowed by events in Madison, the US Department of Education convened a Labor-Management Collaboration Conference. Here, a very different narrative played out. Unions were treated not as enemies to be destroyed, but as valued partners in the policy process. Twelve districts that had collaboratively integrated their union voice, and twelve locals who had responded with care and creativity were highlighted as models. Over 150 districts sent teams of administrators, political leaders, and union leaders to learn from these twelve districts.
Jeff Bernstein

Debate Over Disclosure - 0 views

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    Making teacher evals a semiprivate record is legally difficult.
Jeff Bernstein

Task force on school integration policy hears sharp debate - 0 views

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    Yesterday, national scholars on both sides of the debate over the constitutionality, educational value and cultural importance of the racial and ethnic integration of the schools gave testimony at the state Capitol. Joining them was the architect of Minnesota's last two legal challenges to school segregation, attorney Daniel Shulman, who criticized the state for failing to enforce the law and said he's willing to go back to court to fix that.
Jeff Bernstein

Jindal's education department refuses to release voucher records | NOLA.com - 0 views

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    "Louisiana's education chief has refused to provide records from the deliberations over how schools were chosen to participate in Gov. Bobby Jindal's new statewide voucher program, which is using tax dollars to send students to private and parochial schools. The Department of Education isn't claiming an exemption in public records law in denying the June 12 request from The Associated Press and delaying any production of the internal documents for at least several more weeks. Instead, the department is claiming "a deliberative process privilege" cited in two court rulings that have nothing to do with education issues, but involve legal battles over what records should be available to the Louisiana Legislative Auditor's Office."
Jeff Bernstein

Outraged Parents Sue Moskowitz Over Success Academy Charter - Carroll Gardens, NY Patch - 0 views

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    District 15 parents, legal advocates and other supporters from the community held a press conference outside of 284 Baltic Street, between Court and Smith Streets, Wednesday morning to announce their intention to sue founder and CEO of Success Academy Charter Schools Eva Moskowitz, Brooklyn Success Academy III Trustees and the DOE over the alleged unlawful authorization of the charter school. The impassioned speeches were as chilly as the temperature on the sidewalk. "The Success Charter Network and Eva Moskowitz with the participation of the SUNY Board of Trustees have unlawfully co-located in this building in violation of the school's charter and charter law," said Sabrina Tann, senior staff counsel for Advocates for Justice.
Jeff Bernstein

NJ Spotlight | Stymied Charter Files Suit Against Three School Districts - 0 views

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    As New Jersey's battles over charter schools have increasingly gone suburban, one charter school is fighting back in a legal counteroffensive that could have statewide implications. Related Links PIACS et al v. Princeton Regional Schools Board of Education et al School Districts' Response The Princeton International Academy Charter School (PIACS) has filed suit against three districts that have openly fought its existence, contending that they have unlawfully used public funds in their two-year campaign against the school.
Jeff Bernstein

N.J. senator challenges state Department of Education to reveal those who voluntarily s... - 0 views

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    Citing possible conflicts of interest on the part of volunteer reviewers who helped select new charter schools, a New Jersey state senator filed a legal challenge to force the state Department of Education to turn over the reviewers' names.
Jeff Bernstein

Legal Fight Takes Shape in Florida Over Constitutional Amendment - State EdWatch - Educ... - 0 views

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    Florida has long been a testing ground for private-school voucher programs and-no surprise-has also hosted a number of high-profile political and legal battles over the separation of church and state.
Jeff Bernstein

Charter schools get a second helping of free money - Schools - MiamiHerald.com - 0 views

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    From the outside, it looks like a single school, with one main door, one security guard, one principal greeting students. But on paper, the Charter School of Excellence at Tamarac is actually two schools in one - a bookkeeping strategy allowing the school to collect an extra $250,000 in grant money from the state. The grant money is intended to help new charter schools get started. But several South Florida charter school operators have tapped into this money by creating new "schools" within existing schools. In many cases, the two schools are indistinguishable, sharing the same building, equipment and administrators. The practice is perfectly legal, state and federal education officials say. But some critics say this allows existing schools to collect extra money instead of promoting new start-ups.
Jeff Bernstein

Education Week: Magnets Reimagined as School Choice Option - 0 views

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    Once considered a solution to desegregate racially divided districts, magnet schools today have been forced to evolve, given legal barriers that bar using race to determine school enrollment and increasing pressure to provide more public school choices.
Jeff Bernstein

A former KIPP teacher comments on her experience | Seattle Education - 0 views

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    KIPP is one of the charter school franchises that's been tossed around in Seattle  by ed reformers as an option if charter schools were to be legalized in our state. I've been following KIPP and several articles that I have come across are listed in the right column of this blog under "KIPP". It could possibly be the worst example of a school experience a child could have but they do market well. I was reading a post by Leonie Haimson that is well worth a read "At KIPP, I would wake up sick, every single day". The post is an interview that Leonie had with a former KIPP parent and the parent's daughter who was a student attending KIPP. At the end of the post was the following comment written by a former KIPP teacher that I wanted to share with you  today
Jeff Bernstein

Pushed Out: Charter Schools Contribute to the City's Growing Suspension Rates | School ... - 0 views

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    A recent report by the New York Civil Liberties Union exposed the escalating number of students who have been suspended since Mayor Michael Bloomberg took control of the city's schools more than a decade ago. Some believe one contributing factor may lie in the growing number of the public charter schools created during his tenure that develop their own discipline codes and have higher than average suspension rates. Advocates for Children, a nonprofit that represents the legal rights of public school children, believe that the rise in charters (77 in 2008 and 135 in 2012) has gone hand in hand with the fact that a number of them exclude children-particularly those with special needs-at higher than average rates.
Jeff Bernstein

How a Small Group of Big Business Interests and Billionaires are Hijacking New York Sta... - 0 views

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    This report takes a closer look at the powerful forces behind the Committee and their playbook for "saving" New York. The Committee's backers are primarily big business interests, billionaires, and other leading lights of New York State's "one percent." They played a key role in crashing New York's economy through their own style of gambling, won billions in government bailouts, but now insist on "fiscal responsibility" for the rest of the state. Though the Committee frames its agenda as altruistic and public-minded, its backers stand to profit substantially from the policies for which it advocates. These policy payoffs include not just casino gambling legalization, but pension reform, new and continued corporate tax loopholes, and favorable development policies.
Jeff Bernstein

Daily Kos: Chicago teachers are facing down big money and political power to fight for ... - 0 views

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    "Chicago teachers are fighting not just for fair pay and decent health care but for a host of things that will improve education for Chicago kids-smaller classes, needed books and teaching materials, comfortable and well-maintained schools. But they're running into a buzz saw of well-organized, well-funded opposition from the massive anti-teacher, pro-corporate education policy world. Teachers don't have the money or the media platform that Wall Street billions and Mayor Rahm Emanuel will get you, which is why they need our help and support. What we're seeing in Chicago is the fallout from Jonah Edelman's hedge fund backed campaign to elect Illinois state legislators who supported an anti-collective bargaining, testing based education proposal giving Edelman the "clear political capability to potentially jam this proposal down [the teachers unions'] throats," political capability he used as leverage to jam an only slightly less awful proposal down their throats. It's a political deal that explicitly targeted Chicago teachers, while trying to make it impossible that they would strike by requiring a 75 percent vote of all teachers, not just those voting, for a strike to be legal. But more than 90 percent of Chicago teachers voted to strike. It's not just Jonah Edelman, though. Rahm Emanuel worked with a tea party group to promote Chicago charter schools and denigrate traditional public school teachers and their unions."
Jeff Bernstein

Collective Bargaining in Charter Schools - John Wilson Unleashed - Education Week - 0 views

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    I bet you never thought you would see the words collective bargaining and charter schools in the same headline, but a new study came out this week from the Center on Reinventing Public Education (CRPE) located at the University of Washington. The study is titled, "Are Charter School Unions Worth the Bargain?" Mitch Price, legal analyst for CRPE, is the author with a forward from Robin J. Lake. It is worth the read. The study looked at collective bargaining agreements from 10 charter schools. Yes, there is collective bargaining at some charter schools. The study indicated that as of 2009-10, 604 of the 4,315 charter schools have collective bargaining. That is about 12% of all charter schools. The National Education Association represents 76% of those schools, and the American Federation of Teachers represents 11%. The remaining 13% are shared through merger of the two unions.
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