ProEdTN – JC Bowman

Excellent Protection and Legal Services for Educators

July 23, 2019 by JC Bowman, posted in Educators, JC Bowman, Professional Educators of Tennessee, Tennessee Education

We live in a litigious society. As an educator or school employee, you should be keenly aware that professional liability insurance is critical because district coverage may not protect you individually. It is dangerous and potentially career-threatening if you enter a public-school classroom without liability or legal protection. Professional Educators of Tennessee handles legal issues in a positive, professional and confidential manner, without fanfare or publicity. Our members do not want undue publicity that can damage their case or their reputations. That is why you rarely read or hear about our members’ legal problems in the media.

Due to their unique role, educators face exposure to liability much greater than does the average citizen and therefore must exercise a higher duty of care than most professionals. Nearly every day teachers must deal with diverse laws related to issues such as child abuse, student discipline, negligence, defamation, student records, and copyright infringement. Tennessee teachers often cite professional liability insurance as a major reason for becoming a member, and rightly so. Professional Educators of Tennessee offers educators high-quality legal protection and professional liability insurance, at a fraction of the cost of labor unions. Our educators’ professional liability insurance is unmatched in Tennessee.

As an educator, you are also a consumer, and you expect and deserve quality services at an affordable price. Our dues at Professional Educators of Tennessee are currently $189. Contrast that with the roughly $600 or more that you are asked to pay for union dues and you will quickly realize not only cost savings but also more liability protection. We are less expensive because we are not part of a national organization – money collected is used on organizational goals and stays here in Tennessee. Politically, we are non-partisan. Your dues will never be utilized as political campaign contributions or to support social issue causes unrelated to education. That alone saves our members money Teachers’ unions engage in aggressive political partisanship and promote a wide-ranging social agenda on issues unrelated to education, often not reflective of the diverse political views of their broader membership.

Bad things happen to good educators every day. There are certainly increased risks for educators targeted by civil lawsuits. School districts are spending more on litigation costs and frivolous lawsuits. Educators need excellent liability coverage to cover inadvertent mistakes that could possibly happen. It’s is better to be proactive by being a member of Professional Educators of Tennessee, as countless teachers discover during the school year. In today’s society, false allegations can also occur, and with the prevalence of cell phones and social media, this has made educators even more vulnerable.

There are unnecessary lawsuits filed every year with allegations that have little basis in fact. The American legal system makes it easy to file a lawsuit regardless of the merit of the case. Unfortunately, public schools always will be susceptible to legal challenges, and we will never eliminate all lawsuits. That is why you need professional liability coverage so that you can focus on your job as an educator, and not matters out of your control. When allegations are made, or worse charges are filed, teachers may not be able to count on the backing of a school system or elected official. You need an organization to stand behind you, preferably one without a partisan agenda. Our legal resources, including attorneys who know education law are available to assist members with employment concerns. Our legal services team is a phone call away to answer any school-employment questions.

Only Professional Educators of Tennessee offers the peace of mind of $2 Million per member per occurrence, coverage for coaching, tutoring & private instruction, and up to $35,000 for Criminal Acts—and your coverage is never dependent on the discretion/pre-approval of a union boss, Access to your legal protection is not dependent upon whether your case is determined to be in the best interest of Professional Educators of Tennessee.

As with many professions requiring a state license, the teaching profession—like law and medicine—is governed by a code of ethics. This code outlines standards of personal and professional conduct that you, a member of the profession, must uphold. Violating a standard can have serious consequences for your teaching license. In addition, in 2018 the state added new laws regarding Teacher Ethics and Teacher Misconduct. Districts are now required to offer annual training in ethics. Our organization has partnered with the state to offer online ethics training to our members and other educators.

Unlike other organizations, where employment protection is discretionary, Professional Educators of Tennessee has no committee or group of people who will decide whether or not you will be represented should you face such an employment situation. This coverage saves our members thousands of dollars in legal fees every year and provides immeasurable peace of mind.

Our counseling philosophy is the best way to avoid having a situation escalate to a legal problem and only requires you to call us before the situation gets out of hand. It is very important to know your legal rights and responsibilities. Your membership with Professional Educators of Tennessee and our working relationship with you ensures your rights are not only realized but protected.

When you have a job-related legal question or concern that may have legal implications, make your first call to Professional Educators of Tennessee or email legal@proedtn.org. Speaking to an in-house attorney is the best and most efficient way to avoid having a situation escalate into a legal problem. It is critical that you know your legal rights and responsibilities. Your membership with Professional Educators of Tennessee ensures that you will be informed without delay. We are here to help and support our members.

Betray the Age

April 29, 2018April 22, 2021 by JC Bowman, posted in Advocacy, Educators, JC Bowman, Leadership, Legislation, Parents, Professional Educators of Tennessee, Students, Tennessee Education

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One of my musical heroes, Bono, the singer for the rock group U2, shares the story of the Irish poet, Brendan Kennelly. He relates that Kennelly has a memorable poem called The Book of Judas, and there’s a line in it that says: “If you want to serve the age, betray it.”

Then Bono asks: “What does that mean, to betray the age?”

Answering the question, Bono says: “Well to me betraying the Age means exposing its conceits, its foibles, its phony moral certitudes. It means telling the secrets of the age and facing harsher truths.”

Prevailing wisdom says that it is no measure of mental health to be well adjusted to a profoundly sick society. Every day in Tennessee, educators are challenged by a wide-ranging mixture of social, psychological, and physical problems that impede the improvement of so many students entrusted into their care.

Unfortunately for educators, policymakers worry about the results of a test given at the end of every school the year, used so that we can measure the effectiveness of those teachers educating children. We have made textbook companies and test publishers prosperous, while we engage in a rigorous debate over trivial items.

We eagerly listen to wealthy philanthropists (or organizations representing them) that lack the prerequisite background in the policy areas that they are influencing. By virtue of their wealth, they have gained an unfair advantage, as well as access to policymakers. They then promote public policies by the access of their political donations and may not even understand the problems average people face. In education, they certainly do not understand the challenges confronting public school educators.

For example, Tennessee is the 12th poorest state based on the last US Census figures. Even more startling is that the child poverty rate is 26%. So when the philanthropist experiences donor fatigue and migrates to their next passing interest, educators will still be here to do what God has gifted them to do — which is to educate and demonstrate compassion for the children of our state.

The late political theorist Hannah Arendt wrote, “No cause is left but the most ancient of all, the one, in fact, that from the beginning of our history, has determined the very existence of politics, the cause of freedom versus tyranny.” When political donations replace the contributions of men and women from controlling their own destiny, tyranny will gain a stranglehold in our society.

If we oppose state control of the means of production, it stands to reason that production in the hands of a few would also be undesirable. Politicians understand it is much easier to make laws than repeal them. Too often the extremes on both ends of the political spectrum are heard and the majority of people get silenced.

Every age has moral blind spots, with issues such as slavery, discrimination, unequal pay between sexes, and religious intolerance. Still, my Irish heritage compels me to believe in the idea that anything is possible when we embrace freedom.

The question for educators is this: where are we willing to spend our moral and intellectual capital, our money, or our sweat equity outside of the walls of our classroom or homes?

In a field as diverse as public education, we must all collaborate together to foster a more constructive dialogue among education stakeholders and policymakers. We share a common destiny. We have the power to create amazing change in this world and be champions for the vulnerable who cannot speak for themselves when they need us the most.

This is the time for bold measures. This is Tennessee and we are the generation of Educators to bring change, not only to our profession but to all of our society. Betray the Age.

JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee. Follow him on Twitter @jcbowman. Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. His Blog is at http://www.jcbowman.com

We Can’t Hide from the Tough Issues

April 23, 2018April 22, 2021 by JC Bowman, posted in Advocacy, Educators, JC Bowman, Leadership, Legislation, Professional Educators of Tennessee, Students, Tennessee Education, Testing

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Problems are seemingly growing more and more complex, or are they? In yesterday’s commentary, Legislators – One Last Thing Before You Go!, we wanted to make sure our teachers are not going to be penalized by flawed test results and scores from this year on a teacher’s 3-year average. It seems like it should be a simple fix, but actually is a little more complex. That is what legislators must regularly balance in decision-making in the Tennessee General Assembly. In public policy it isn’t always a struggle between right and wrong. There is rarely a perfect solution.

We are very pleased that the Tennessee General Assembly wanted to hold students, educators and school districts harmless. It really is a hold harmless, provided school districts in fact do not use test data into employment decisions like promotion, retention, termination, compensation—or even an improvement plan. It seems clear that the intent of the legislature was to ensure that the scores couldn’t harm teachers or students in any way, so we think this is an important part emphasized in SB 1623/HB1981. However, we argued that they just missed a critical component, which is true. Test results from this year still affect their scores and 3-year averages.

Here is the dilemma: if we do not use this year’s TVAAS for teachers it would also likely hurt some teachers from gaining tenure. And that too, is unacceptable and unfair. So accordingly, this year’s data only counts as 10%, last year at 10% and the previous year at 15% to make up the 35% of the evaluation. Teachers can use last year or this year as the full 35% if it helps the teacher. They must have that data as part of their evaluation or the results can’t be used. So, to be clear, a school district cannot use that flawed data, but a teacher can. School districts cannot base employment termination and compensation decisions for teachers on data generated by these statewide assessments. So, do legislators change the law they just passed, try to modify, or leave it be for now? That is the discussion that they must have this week.

Legislators would be negligent if they do not further discuss the issue. They may choose to just take the fleas with the dog. They have done excellent work on this issue to protect teachers, and they deserve the credit. In the end the lesser of disappointing options is to leave in place what was passed. We understand that choice. In a perfect world we would have had perfect execution of the TNReady Test by our vendor Questar. Then we would not be talking about flawed data, impact on 3-year averages or tenure. However, three things are almost certain on the campaign trail in 2018, especially in state races:

The continued feasibility of using a complicated statistical method as an evaluation tool for teachers will certainly be further debated by stakeholders and policymakers in the foreseeable future. Do we continue using The Tennessee Value-Added Assessment System (TVAAS)? Move to another more reliable statistical method? Or do we abandon these complicated formulas altogether?
States are allowed to use federal funds, but no longer required, to continue teacher evaluations linked to test scores. Only a handful of states took advantage of the testing flexibility Every Student Succeeds Act (ESSA) allows. In fact, the US Secretary of Education is explicitly prohibited from mandating any aspect of a teacher evaluation system. So, will our state continue linkage of test scores to evaluation moving forward? Or will we end the practice?
Do we continue moving toward an online test, or do we yet again revert strictly to paper and pencil or some combination of the two?

Sometimes issues are complex, and the simple solution is not possible. Simon Sinek, wrote: “There is no decision that we can make that doesn’t come with some sort of balance or sacrifice.” This may be a case where the right solution is based on flawed data may be a right solution. Then again, we may be all be wrong. Let the debate continue.

Audrey Shores is the Chief Operating Officer of Professional Educators of Tennessee. JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee. Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. For more information on this subject or any education issue please contact Professional Educators of Tennessee.

The Trouble with Testing

April 17, 2018April 22, 2021 by JC Bowman, posted in Educators, JC Bowman, Professional Educators of Tennessee, Testing

Testing has taken a wrong turn in public education. I have always tried to keep it simple: testing is like your school picture; it is what you look like on that particular day. Kids go in to take a test. Teachers show up to make sure kids are taking their own test. Parents encourage their children to do their best. However, like Ozzie & Harriet, Leave it to Beaver, and the Lone Ranger, those days are gone.

With an infusion of $501 million federal dollars of Race to the Top money we hurried to increase standards by adopting Common Core, which we corrected by moving back to state standards. We also increased testing, changing both format and frequency. Tennessee also adopted new evaluation methods. The teacher union supported the incorporation of TVAAS data into the state’s teacher evaluations, which landed Tennessee $501 million from the federal Race to the Top grant in 2010. Professional Educators of Tennessee did not support the use of that data on teacher evaluations, nor did they sign a support letter on the original grant submission.

Not everything Tennessee tried was damaging, but it is not debatable that thus far the Age of Accountability has failed students, teachers, parents and taxpayers. Since 2012 Tennessee has had one misstep after another in testing. In 2013, our tests were not aligned to our standards. In 2014, the issue was transparency, notably quick scores and test score waivers for final semester grades were the major issue. In 2015, the new TNReady online tests had issues in the post equating formula. In 2016, we fired the vender Measurement, Inc because after the online platform was botched and they were unable to get out a paper version of the test. In 2017, we were again plagued by issues due to scoring discrepancies. This year 2018, we have already had issues related to testing, including the belief by the testing vendor Questar that the Questar data center is under attack from an external source, although it is not believed at this time that any student data was compromised.

At no point since 2012 were any of the testing issues the fault of students or educators. However, for educators they are often the ones who bear the brunt, quite unfairly, of parental anger. Students also suffer, with everything from loss of instruction time to not understanding their educational progress. When we make education decisions on the basis of unreliable or invalid test results, we place students at risk and harm educators professionally. This is especially unfair to the hardworking teachers in our state. To policymakers and stakeholders alike we must ask these questions:

Why are we relying so heavily on test scores to make important educational decisions about students, teachers or schools, especially when the process is flawed?
If the Questar data center was under attack from an external source, there should be no greater priority by the Tennessee Bureau of Investigation to identify and prosecute those individuals guilty of this activity and confirm that no student data was compromised.
Should we question the reliability, validity, and accuracy of testing in Tennessee since 2013? Especially when shifting between online to paper tests? Note: Reliability relates to the accuracy of their data. Reliability problems in education often arise when researchers overstate the importance of data drawn from too small or too restricted a sample. Validity refers to the essential truthfulness of a piece of data. By asserting validity, does the data actually measure or reflect what is claimed?

In Tennessee we appreciate straight talk and candor. We unquestionably detest hypocrisy. We understand mistakes are made by individuals, by companies and even by our government. We are not pointing fingers; just stating a fact. Clearly there is a problem with testing in Tennessee. It isn’t our students or our educators. It is a flawed testing system.

JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee. Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. For more information on this subject or any education issue please contact Professional Educators of Tennessee.

April is Autism Awareness Month

April 6, 2018April 22, 2021 by JC Bowman, posted in Autism, JC Bowman, Parents, Professional Educators of Tennessee, Special Education

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Parents making sense of a diagnosis of Autism can sometimes feel overwhelmed and alone. Candy Alford-Price, my longtime friend, made me aware of just how isolated parents of Autistic children can feel. Autism is one of the fastest-growing developmental disorders in the United States. Autism spectrum disorder (ASD) is a group of developmental disabilities that can cause significant social, communication and behavioral challenges.

The Centers for Disease Control and Prevention (CDC) reports many children are living with autism spectrum disorder (ASD), and they need services and support, now and as they grow into adolescence and adulthood. There is no better activity for an association than to help policymakers understand what our teachers experience on a daily basis and assist them in helping our educators meet the challenges they see and get the resources they need.

For a number of reasons autism prevalence figures are growing. The definition of autism has been expanded along with a better diagnosis of the disorder. Autism is a spectrum of behaviors, and every autistic person is different in terms of onset, severity, and types of symptoms. People with autism have issues with non-verbal communication, a wide range of social interactions, and social activities. Autism is a growing global health priority, and April is National Autism Awareness Month. The objective is to increase knowledge and understanding of autism; recognize the talents and skills of people with autism, and; generate awareness to the needs of all people with autism.

We know boys are nearly five times more likely than girls to have autism. The CDC released data on the prevalence of autism in the United States. This surveillance study identified 1 in 68 children (1 in 42 boys and 1 in 189 girls) have some form of autism.

Whether this an accurate assessment or not, Dr. Stephanie Seneff, a senior research scientist at the MIT Computer Science and Artificial Intelligence Laboratory, says by 2025, half the children born in the United States will be diagnosed with autism. If that figure is even partially accurate, society better begin to prepare in earnest. The Autism Society estimates that the United States is facing almost $90 billion annually in costs for autism. Autism costs a family $60,000 a year on average. More importantly, there is no medical detection or cure for autism.

While significant, the data is more than just numbers, it is about real people, real families and our need as a society to address any challenge we meet head on. We are improving in identifying autistic people, as well as accepting them. Imagine the impact we can have on those whose lives are touched by autism every single day. We must recognize that all children are created in the image of God and have potential. However, as a culture, we must make certain the support and resources they need to realize that potential is available to educators and parents.

Autism is treatable. However, children do not “outgrow” autism. Studies show that early diagnosis and intervention lead to significantly improved outcomes. The CDC believes we must promote early identification of children with ASD. That burden is likely to fall on pediatricians, children’s hospitals and ultimately on public schools. We will need to design services for children and families affected by ASD and increase professional learning and development for the professionals who provide services. Research will continue to be needed in this emerging field, as well as developing policies that promote and align with improved outcomes in health care and education for individuals with ASD.

April is Autism Awareness Month. Blue is the color. Light it up Blue!

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The Dream Did Not Die

April 1, 2018April 22, 2021 by JC Bowman, posted in JC Bowman, Leadership, Professional Educators of Tennessee, Resources, Uncategorized

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On April 4, 2018, we commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. King was shot and killed in Memphis. Tennessee has played a seminal role in Civil Rights, that we often fail to appreciate.

The ground breaking 1954 Supreme Court case Brown v. Board of Education of Topeka was the case in which the Supreme Court Justices ruled unanimously that racial segregation of children in public schools was unconstitutional. It signaled the rightful end of the “separate but equal” principle set forth in the 1896 Plessy v. Ferguson case. The Ferguson case constitutionally allowed laws barring African Americans from sharing the same buses, schools and other public facilities as whites — known as “Jim Crow” laws— and established the separate but equal doctrine that would stand for the next six decades.

Linda Brown, then a nine-year-old girl, became the face of the issue. Ms. Brown died at age 75 on March 25, 2018. Her national legacy in Civil Rights went far beyond public education. Brown said in a 1985 interview: “I feel that after thirty years, looking back on Brown v. The Board of Education, it has made an impact in all facets of life for minorities throughout the land. I really think of it in terms of what it has done for our young people, in taking away that feeling of second class citizenship. I think it has made the dreams, hopes and aspirations of our young people greater, today.”

Few people know the role Tennessee played in Civil Rights and public education. Avon Williams, Jr., a Knoxville, Tennessee native, became a cooperating attorney for the NAACP Legal Defense Fund in 1949 and began a long career in civil rights activism. In 1950, four years before the Supreme Court outlawed school segregation in Brown v. Board of Education, Williams filed Tennessee’s first public school desegregation suit such case when he sued to integrate the public schools in Anderson County, Tennessee. (McSwain v. Board of Anderson County).

Williams’ first cousin, Thurgood Marshall, was the chief lawyer for the Legal Defense and Educational Fund of the NAACP. Marshall later became the first African-American to serve on the US Supreme Court. Williams and Marshall worked closely on racial discrimination cases. Williams went before the Supreme Court seven times to argue cases involving discrimination in public schools, public housing or other public accommodations. In 1955, Williams, Marshall and Z. Alexander Looby, a fellow African American lawyer focused on civil rights, filed suit Kelley v. Board of Education against the Nashville city schools on behalf of African American children.

Looby and Williams were without doubt the most prominent civil rights attorneys in Tennessee during their lifetime. The Journal of African American History stated that “Looby and Williams’s work in school desegregation cases alone encompassed every major case in the state (with the exception of Northcross v. Board of Education) and entered the highest realms of legal activity. Federal judges at the circuit, appeals, and U.S. Supreme Court levels cited and considered many of their cases as the post-Brown v. Board of Education (1954) litigation world unfolded.” In 1968, Avon Williams, Jr. was elected to the Tennessee State Senate. He was one of the first African-Americans to serve in that body since the Civil War. As a Senator, he worked to put guidance counselors in elementary schools and to establish kindergarten classes in Tennessee. Tennessee has a proud, but often untold history in Civil Rights, which greatly enhanced education in our state.

Racism, bigotry and vitriol hate have no place in a modern culture. All children are created in the image of God. Martin Luther King, Jr. poignantly stated: “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” Does character still matter? Of course, it does.

For centuries, our country has attracted people in search of a share of “the American dream” from all corners of the world. E Pluribus Unum (From Many, One) remains the national motto, yet it appears that there is no longer a consensus about what that should mean. If you step into our public schools today, the many different cultures are on full display.

Americans like Martin Luther King Jr., Linda Brown, Avon Williams, Alexander Looby, and Thurgood Marshall helped integrate America, and move the nation past the old paradigms and backwards thinking that dominated our society. We need to remember and reflect on that history. More importantly, we need to fulfill our destiny as a nation where all citizens can realize the benefits of integration and equality of opportunity regardless of the color of their skin. The dream of Martin Luther King Jr. did not die in Memphis in 1968, it is still alive in 2018.

JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee. Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. For more information on this subject or any education issue please contact Professional Educators of Tennessee. To schedule an interview please contact Audrey Shores, Director of Communications, at 1-800-471-4867 ext.102.