boss blaming an employee

In October, across the state, educators have an opportunity to decide if they wish to engage in a process called “Collaborative Conferencing.”  In other industries they may refer to it as an “Interest-Based Collaborative Problem Solving,” which is an increasingly popular method of multiparty consensus-building.  In education that concept may not work, if one side chooses not to engage in consensus building and the other side decides to file unnecessary lawsuits.  Professional Educators of Tennessee fervently supports the right of educators to discuss working conditions and salary with their employers.

In 2011, the Tennessee General Assembly passed the Professional Educators Collaborative Conferencing Act (Public Chapter 378). So, it is not surprising that we are frequently asked about our position on Collaborative Conferencing.  Currently Collaborative Conferencing, also known as PECCA, only occurs in about 12 districts around the state.   Only certain subjects can be discussed.  And some subjects are completely prohibited.

Subjects that can be discussed include:  Salaries or wages; Grievance procedures; Insurance; Fringe benefits (not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives); Working conditions, except those working conditions that are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the State Board of Education, the Department of Education or any other department or agency of state or local government; Leave; and, Payroll deductions (except with respect to those funds going to political activities).

Subjects that are prohibited include:  Differentiated pay plans and other incentive compensation programs, including stipends, and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas;   Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations that are expressly designed for specific purposes; Evaluation of professional employees pursuant to federal or state law or State Board of Education policy; Staffing decisions and State Board of Education or local board of education policies relating to innovative educational programs under § 49-1-207; innovative high school programs under Title 49, chapter 15; virtual education programs under Title 49, chapter 16; and other programs for innovative schools or school districts that may be enacted by the general assembly; All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service; and, Payroll deductions for political activities.

In a modern world, it doesn’t seem that placing limits or prohibitions helps local districts, educators, students or stakeholders on emerging topics.  However, we have been disappointed by PECCA, and think that we may want to discuss items outside the scope of Collaborative Conferencing, such as differentiated pay plans, expenditure of grants or awards, evaluation and staffing decisions or other issues like school safety, curriculum/materials and/or other rapidly emerging issues.  Although we can probably agree that banning payroll deductions for political activities is probably a good thing for public education.

Just as we do, many teachers see the flaw in the system:  you can discuss salary but you cannot discuss, differentiated pay plans and other incentive compensation programs, including stipends, and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas.  Then why do we even discuss salary at all?  That decision is already set in a formula and largely determined with small room for debate or discussion.   It is probably why so few districts and educators choose to engage in Collaborative Conferencing.

Currently any school board in the state has the authority to address any terms and conditions through board policy. In other words, while the board is required to participate in conferencing if the professional employees vote to participate, nothing in the PECCA requires the board to agree on terms or conditions or enter into a memorandum of understanding if agreement has not been reached.  Which is why we must keep lines of communication open.

Are there other options?  We believe so and toward that end, Professional Educators of Tennessee has begun to establish Education Leaders Councils in some districts to accomplish more for teachers.  It will help us cultivate true consensus building and address more critical issues.

We know that some of our members oppose Collaborative Conferencing, which leads to less than optimal turnout in some districts.  In fact, in many districts those voting for Collaborative Conferencing is barely over 50% and still excludes people from the process.  That is simply not fair.

We hope we can work to address critical issues for educators and our members through our Education Leaders Council.  This may require future legislation, but any district can choose to meet with their employees at any time.   Our desire and intent are simple:  if you vote for Collaborative Conferencing or if you vote against Collaborative Conferencing, always choose Professional Educators of Tennessee as your representative, and we will work with our local leaders to promote the interest of educators in the local district, not an agenda pushed by a national organization.   We must work together, and it is clear that Collaborative Conferencing limits educators.

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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.

 

“If you don’t understand  — from the school district to the superintendents — that we want our teachers held harmless, then I’m sorry, you’re tone-deaf.” ~State Representative Eddie Smith (Knoxville)

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That message was heard and understood statewide, right?  Apparently not.  We are receiving reports from across the state that some districts are denying their teachers their justified and earned bonuses, which harms the educator.  The language from the Public Chapter Number 881 reads “LEAs shall not base compensation decisions for teachers on data generated by statewide assessments administered in the 2017-18 school year” Public Chapter Number 1026 adds: “no adverse action may be taken against any student, teacher, school, or LEA based, in whole or in part, on student achievement data generated from the 2017-2018 TNReady assessment.” (emphasis added)

The Tennessee Department of Education, anticipating this problem, understood this could negatively impact teachers that did well on TNReady in the 2017-18 school year so they provided this guidance to school districts across the state: “All currently approved alternative salary schedules and differentiated pay plans are based on 2016-2017 school year data and may remain in effect because they are not impacted by the Legislation. Districts should consult closely with their board attorneys to ensure that any other strategic compensation policies do not result in an action being taken concerning a teacher in the 2017-18 school year based on 2017-18 data. As always, teachers may not earn less than they did the previous year unless there is a change in the teacher’s duties or position.” (emphasis added)

However, at least one school district, Greene County Schools, sent an email to all principals.  The message to all Greene County Administrators was from Bill Ripley, the Assistant Director of Academics.

Ripley wrote:

This message is in response to questions we have received.  Several months ago the state legislature passed an act preventing districts from affecting any teacher’s pay based on 2017-18 test results.  Therefore, the Greene County Schools district plan to pay a bonus for level 4 or 5 TVAAS cannot be implemented this year.  We realize this is disappointing to the 105 teachers who attained a level 4 or 5 last year, however, this is an action of lawmakers in Nashville, not your local Board of Education.

A first-year law student could probably make the case that any school district that withholds paying a bonus based on actions taken by the Tennessee General Assembly are not understanding the law or the intent of the state law.  Denying educators their rightful bonus based on positive student achievement or student growth is indeed having an adverse action on educators, especially their compensation.  It can be argued that the legislation that passed is vague and that districts should work closely with their board attorney when making these types of decisions. However, discussion on the floor on the legislation, as well as comments from the Bill Sponsor Rep. Eddie Smith, was clear:  that districts could not take adverse actions.

The state issued two very important guidance documents that make clear that message, which was released by the Tennessee Department of Education.   Professional Educators of Tennessee, along with many others worked with the Department of Education and added our input.  The guidance that the Department developed was a result of thoughtful and collaborative efforts to ensure that our state follows all state and federal laws.  The new legislation that states that no adverse actions for students, teachers or schools will result from the 2017-18 TNReady administration.   These two key documents, which were shared with districts and schools are posted on the state website, along with a list of initial improvements the state is making to the state assessment program:

  • Detailed Evaluation Guidance (here)
  • FAQ that provides an overview of the various areas the new laws impact, including student, education, school, and district accountability (here)

If educators feel that their district is withholding a bonus in which they are entitled, it would be helpful for those educators to write their school district and ask them for a written explanation on why the bonus is being denied.  If a school district wants to be tone deaf, I know several state legislators and folks at the Department of Education who would be very interested in why an adverse action is being taken against you.  I know that Professional Educators of Tennessee wants to hear if compensation decisions for teachers on data generated by statewide assessments administered in the 2017-18 school year have kept you from receiving compensation, or your bonus.  Just drop us an email at advocacy@proedtn.org.

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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.

We are pleased that legislators unanimously provided that students, educators or schools will not be held responsible for unreliable results from the failures of the TNReady online assessment platform this year.

JC's Blurb 10

Capitol

The 110th Tennessee General Assembly is nearing the end, and for many, the end cannot come soon enough.  There are political races waiting and they are ready to hit the campaign trail as election season is about to launch in earnest. But before they exit Nashville, there is one last thing left for them to do: finish protecting our educators.  Unfortunately, these flawed test scores can, and will, impact teacher evaluations.

The Tennessee General prudently and quickly stepped in after the latest testing failure.  Let’s make clear, this was the result of concerned stakeholders to make sure students, educators and districts are held harmless for this year’s TNReady invalid results.  Our legislators deserve the recognition and the acclaim for their effort.  Senate Bill 1623 was sponsored by Senator Dolores Gresham, along with Senators Bowling, Massey, and Pody.  House Bill 1981 was sponsored by Representative Eddie Smith, along with Representatives Hardaway, Daniel, and Parkinson.

Educators wanted to ensure that school districts could not base employment termination and compensation decisions for teachers on data generated by these statewide assessments.  This was accentuated in SB 1623/HB1981.  It must be noted that local districts have always had complete discretion in how they choose to factor test data into employment decisions like promotion, retention, termination, and compensation.  Local school districts have considerable flexibility to pause any policies or programs that emphasize the use of TNReady results in these types of personnel decisions.

Previous legislation, now law:  The Tennessee Teaching Evaluation Enhancement Act (T.C.A. § 49-1-302) adjusted the weighting of student growth data in an educator’s evaluation to lessen impact of TNReady on evaluation scores. TNReady factored into evaluation scores at 10 percent for the 2016-17 school year and will factor into evaluation scores at 20 percent for the 2017-18 school year and 35 percent for the 2018-19 school year and thereafter. Additionally, growth data from year one of TNReady will only be used if it benefits the educator. If it does not, the qualitative component of the evaluation composite will increase.

So, despite the incredible work of Tennessee Legislators, they needed to make sure the excluded test scores from this year does not impact teacher evaluations.  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. However, they just missed a critical component.  Even if employment decisions shouldn’t be based on them, the test results from this year still affect their scores and 3-year averages.

We first raised these concerns on passage of the SB 1623/HB1981 Conference Committee report with a few policymakers.  One teacher who contacted us really does want to be able to use her scores – her students are taking the paper and pencil science test next week, so they haven’t been affected by any of the issues this week. And they have worked really hard to be ready for the test. Others who may be affected negatively certainly would not want the test scores to be used.

To solve the issue, it would be beneficial to teachers to replicate what was done in 2016 with the Evaluation Flexibility Act – SB2508/HB1419 (PC No. 172) – which stated that student growth composites would be excluded unless they resulted in higher evaluation scores, with the qualitative portion of the evaluation score increased in its place. Section 3 describes a similar provision for teachers without access to individual growth data.

“For the 2015-2016 through 2017-2018 school years, student growth evaluation composites generated by assessments administered in the 2015-2016 school year shall be excluded from the student growth measure as specified in subdivision (d)(2)(B)(ii) if such exclusion results in a higher evaluation score for the teacher or principal. The qualitative portion of the evaluation shall be increased to account for any necessary reduction to the student growth measure.”

All the legislature would have to do is take the previous language from Sections 1 & 3 and change 2015-2016 to 2017-2018, and 2017-2018 to 2019-2020. Section 2 doesn’t need to be changed unless the phased in percentage schedule of (d)(2)(E)(i) – (d)(2)(E)(iii) is being updated.  We don’t think that 49-1-302(d)(2)(E)(ii) needs to be adjusted or referenced, since it’s essentially just a circular reference to (d)(2)(B)(ii). Although we think this would make (d)(2)(E)(ii) obsolete, since if the test results would help they would probably just want to go ahead and use it for the full 35% as provided in (d)(2)(E)(iv).

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.  However, the issue that members of the 110th Tennessee General Assembly must address before leaving for home is making sure our teachers are not penalized by flawed test results and scores from this year on a teacher’s 3-year average.   We know legislators can take action when they focus.  The goal of the legislature is to ensure these flawed scores don’t harm our educators.  We need legislators to finish the job and end what they started.

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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.