Confronting the Myths About Tenure and Teachers' Unions

by: Ellen Dannin, t r u t h o u t | News Analysis

Confronting the Myths About Tenure and Teachers' Unions
(Photo: Big Mind Zen Center / Flickr)

Current American education policy is built on these assumptions: The quality of American education has plummeted because our schools are filled with teachers who can't teach. Teachers' unions and contracts tie the hands of school administrators. And teachers' unions protect bad teachers. Here are a few reasons why these conclusions are leading our educational system in a bad direction.

First, these policies ignore the effects of poverty on educational outcomes. Given the increasing number of children growing up in poverty, we ignore its effects at our peril.

I know something about poverty and its effects because I grew up in an impoverished, single-parent home and attended a low-quality school through eighth grade. Despite those beginnings, I graduated from one of the top US law schools and am now a law professor. If I could make it, then poverty must not matter, right?

But not all poverty is the same. My mother had a nursing degree and our home was filled with books. We lived in rural, small-town poverty near my farmer grandparents, who made certain we had good-quality food. Crime in our area was almost nonexistent. I am white, and my family has spoken standard English for generations. And there wasn't much of a gap between the poorest and the richest in that area.

Compare my experience with a school I saw as part of a San Diego School District oversight team. The home language of 82 percent of the students at the school was not English, and 29 different languages were spoken in those homes. Most students qualified for free breakfasts and lunches. Many had had no formal education when they enrolled. The teachers there worked cooperatively to develop curricula to address the challenges they faced.

That school was a mile from my house and light years from the high quality programs at the magnet schools my daughter attended. She was enrolled in them because she had the guidance of an educated and educator parent. Some of her fellow students at San Diego High School were homeless and lived in cars. Some had parents who were addicts. Many did not complete a full year at any one school before moving on.

I had personal contacts with the staff and many bright students at that school as part of the Law High program my law school sponsored for at-risk high school students. Many of the high school students were very bright, but poverty, instability, and their family's lack of knowledge about how to get a good education for their children held them back.

The best teachers in the world cannot – by themselves – make up for the profound deficits so many children face today.

If we cared about this nation's children and our future, ending poverty would be our highest priority. Instead, we muddle on as a nation in denial about the effects poverty has on so many of our fellow Americans and its corrosive effects on our society. If our nation is to thrive, we must lift people out of poverty and ensure that the rising generation lives in good housing and has quality food, strong community and family supports.

Second, what about teachers unions and those union contracts? Do tenure and union contracts shield bad teachers and undermine education?

It is a myth that tenure means lifetime employment and makes it impossible to fire bad workers. What tenure does is require an employer to have cause to fire an employee. Union contracts require the use of a fair process to determine whether there is cause to fire an employee. In other words, schools can already fire teachers if they have good cause - so all getting rid of tenure would do is let schools fire teachers when they do not have good cause to fire them. It's hard to see how firing good teachers would improve our schools.

Many accuse teachers' unions of protecting bad teachers. But all teachers unions do is provide fair representation to ensure that an accurate decision is made before taking away a worker's job. In fact, the law says that providing fair representation is a duty a union owes to its members.

It is the employer's job to prove that an employee deserves to be fired – not the union's. If bad teachers are kept on, the real story is management's failure to make its case.

Many people overlook the reality that good teachers want bad teachers to improve and, if they do not improve, to be removed. Good teachers' jobs are made more difficult when they have students who had poor instruction the year before. To first help bad teachers improve, teacher contracts include programs such as peer assistance and other supports for struggling teachers. If these support systems don't work, the contracts provide for counseling out those who cannot or will not improve.

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Ellen Dannin is Fannie Weiss distinguished faculty scholar and professor of law at Penn State Dickinson School of Law and author of "Taking Back the Workers' Law - How to Fight the Assault on Labor Rights."


Comments

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Thanks for providing the

Thanks for providing the little heard argument from the other side of the debate. I believe that before any opinion should be made, the addition of some statistics on teacher performance and more case studies on poor cases being made against allegedly bad teachers would certainly be helpful.



The public in its quest to

The public in its quest to get something for nothing, er, to make public schools as efficient as possible, often howl when administrative costs go too high (when "too many" assistant principals are employed). So districts cut back on administrators and then struggling teachers can't get the feedback or help they need. People who know nothing about schools seem to think there is a "bad teacher" gene, and all that has to be done is to eliminate the "bad" ones.

What's so hard about this is that there are a thousand ways to teach and all of them are right. Many excellent teachers are harassed because they buck trends, not because they suck.

I say to Anthony that before anyone can hold an opinion, they should substitute teach an 8th grade basic math class in Liberty City for 1 hour. Teaching is hard as hell!



Certainly, you are the

Certainly, you are the exception rather than the rule and exemplify intrinsic motivation and strong support systems. The system was never designed to hold schools accountable for teaching problem solving and cognitive flexibility to ALL students. It was not required or expected during an era when there were plenty of jobs;however, technology and globalization have changed the job description for what teachers are expected to do with today's students.



Certainly, you are the

Certainly, you are the exception rather than the rule and exemplify intrinsic motivation and strong support systems. The system was never designed to hold schools accountable for teaching problem solving and cognitive flexibility to ALL students. It was not required or expected during an era when there were plenty of jobs;however, technology and globalization have changed the job description for what teachers are expected to do with today's students



A very important article by

A very important article by Ms. Dannin.

Briefly, just consider how long "bad" teaching has been going on. Long enough certainly for most of the present day "bad" teachers to be the products of the very same school systems we now criticize as having "bad" teachers.

Part of the problem is related to curricula at so-called teachers colleges. A long time ago when I went to college, education courses were considered as "gut" courses and one found a remarkable number of less apt students majoring in education. Part of the problem is that "education" has no core curriculum as, say, chemistry or other hard sciences, which have years, even centuries, of validating experiments upon which to base such a curriculum

Teaching and learning are far more elusive and, unlike the hard sciences, do not lend themselves easily to valid experimentation, the results of which one could build upon to generate basic principles, either about teaching techniques or about learning abilities.

So education, like psychiatry, for example, proceeds based upon various theories postulated by academics or, in the case of psychiatry, by academic/practitioners, which have scarcely been validated, mainly because of the difficulty of systematically doing so due to such great variability of the subject populations, kids in high school in one instance and mental patients in the other.

In psychiatry, going from practitioner to practitioner, one might find influences by, say Jung, Adler, Freud, etc. Treatments vary and results vary as well and there is little attempt to quantify and test the validity of any of the theories because each patient really is quite different.

In education, and here is the major point of all this, the subject population... the students... are also all uniquely different... as different from one another as are the mental patients, but are not treated as such. Generally everyone from the U.S. Commissioner of Education down through the State Commissioners, to the Superintendents of Schools to the Principals to the Teachers speak only of the STUDENTS.
Only in Special Ed are some of the differences between them recognized and those are usually gross differences. Subtle differences, those that require different teaching approaches,are never considered. The kids are all considered to be clones of the internalized view of the education people of what a "student" is. As a rose is a rose is a rose to Gertrude Stein, a brain is a brain is a brain to many, many educators.

Except that isn't reality. I've been talking about individual differences in many aspects of learning for many years. Listeners nod their heads in agreement and then keep on doing the same old things.



The problem with so many of

The problem with so many of the educational 'reformers' - including Arne Duncan, Obama, Rhee, and Gates - is that they begin with the assumption that students fail to advance academically because of, rather than despite, their teachers. That assumption has never been justified and I can't see how it could even be subject to proof.

Of course it's not just poor kids who are doing badly in school, though they have nearly insurmountable hurdles. Many kids from relatively well off and stable families show little interest in academics or are just plain slackers. No matter how good their teachers are, they're not going to focus or invest much time in studying. In these cases, it's the students themselves and their parents who are falling down, not necessarily their teachers.

A motivated student with family support will almost always thrive no matter how poor a school's teachers are. Yet even the best teacher can't work miracles with unmotivated students. So it's time to stop hounding teachers and instead place the blame for academic decline where it truly belongs.



"some had parents who were

"some had parents who were addicts"...

This shows how monstrous drug abuse has become in our country. There is no excuse for it at all. It is destroying our society.



I'm watching with some

I'm watching with some interest what is happening in Compton lately to buck the system.

The only way independence from the system works at all is with 100% concern and participation by parents. Blame is placed on union intransigence for keeping bad teachers in place. Blame is placed on Boards of Ed. who are responsible to phony guideposts set capriciously by whatever governor or president is in power. Blame is placed on teachers if they don't create Merit Scholars in every classroom. Blame is placed on the economy for raising educational costs for the students.

It comes down to this: if a community is not willing to share the responsibility for the education of its citizens, it sets itself up for poverty on more levels than space will allow.

Prop 13 was a huge mistake in CA, and its costs will be felt until it is either repealed or amended to reflect the needs of the state and the responsibility of all the citizens for what happens here.



Unions served a purpose

Unions served a purpose back in the 1930's but now have gotten totally out of hand . The original purpose was to protect the working man and to give him a fair shake . But now as is with all large organizations , their main goal is power and money . They do protect their membership , even the incompetent at the expense of industry and the taxpayer . How can they justify paying uneducated / unskilled workers about $ 80.00 an hour [ benefits included ] for example in the auto industry . Who pays for this RIP OFF , none other than you and I . The higher the wages , the higher the cost for the product you buy . Government employees in the past used to earn less than the average working man BUT had an easy job AND tremendous health and retirement benefits . Now that government employees have been unionized , their wages and benefits are far superior than industry . Our educational system has deteriorated since Lyndon Johnsons " GREAT SOCIETY." The school system has been dumbed down in order to accommodate the mental midgets in the U.S. at the expense of the average more intelligent middle class kids . It is an embarrassment for our country . We have an exchange program where students from Europe come to the U.S. for 1 year and we send U.S. kids to Europe . It is a fact that the European students are about 2 years ahead of the American students . Nothing to be proud of . Could this be part of the plan for a " New World Order ? " Unions should demand higher standards but seem to promote mediocrity .



Most of the statements made

Most of the statements made by Arminus Aurelius are simply not true. Auto workers did not make $160,000 per year. When age and education level are taken into account, government workers do not get more benefits than workers in the private sector; see, for example, "Debunking the Myth of the Overcompensated Public Employee: The Evidence", at
http://epi.3cdn.net/8808ae41b085032c0b_8um6bh5ty.pdf



Arminus Aurelius

Arminus Aurelius writes:
"Government employees in the past used to earn less than the average working man BUT had an easy job AND tremendous health and retirement benefits . Now that government employees have been unionized , their wages and benefits are far superior than industry."

The most numerous government employees, of course, are school teachers and aids, which not everyone regards as "an easy job."

He's probably too young to know, but it just didn't happen that way. My current benefits as a government employee--a good health plan and a fixed pension--are actually inferior to those I had as a non-unionized private sector employee with Raytheon, a Fortune 500 company in 1976. (Virtually free health insurance, any doctor, any hospital. My wife was a unionized public school teacher and we stayed with my health plan. It was better.).

What the unions did is help public employees keep their existing benefits, not so much gain new ones. By contrast the salaries, wages, and benefits of non-unionized private sector employees--except for executives--have declined since the 1970s. While profits soared.

Which is why, with all their flaws, we need unions. It's too bad Obama has done so little to help unionization.



10 years in education taught

10 years in education taught me two things:

1. A good school requires good administrators. Without a good leader, even the very best teachers on the face of the earth cannot succeed.

2. Students who live in poverty very rarely succeed and there is NOTHING a teacher can do (and very little the school system in general can do) to alleviate the student's home situation.

As long as we ignore the fact that 1 out of every 5 kids in America today lives in poverty, we will continue to fall behind the rest of the world educationally.

The US has the highest child poverty rate of any developed country, AND WE DO NOT CARE.

That is the real problem, and it has nothing to do with tenure or unions or standardized test scores. But it is something that we Americans don't want to do anything to address, so it's easier to just blame teachers and unions.