Better Than What We Have Today?

-By Larry Sand

A reportedly “historic” teacher evaluation deal between Los Angeles Unified and the teachers union would solidify the dismal status quo.

A substantive settlement in the Doe vs. Deasy lawsuit would drag the Los Angeles Unified School District into the 21st Century. In November of 2011, I wrote

…a half-dozen anonymous families working with EdVoice, a reform advocacy group in Sacramento, filed a lawsuit in Los Angeles Superior Court against the LAUSD, district superintendent John Deasy, and United Teachers Los Angeles. The lawsuit in essence accuses the district and the union of a gross dereliction of duty. According to the parents’ complaint, the district and the union have violated the children’s “fundamental right to basic educational equality and opportunity” by failing to comply with a section of the California Education Code known as the Stull Act. Under the 1971 law, a school district must include student achievement as part of a teacher’s evaluation. Los Angeles Unified has never done so: the teachers union wouldn’t allow it.

In 1999, the state legislature amended the law, named after the late Republican state senator John Stull, to require that “the governing board of each school district shall evaluate and assess certificated employee performance as it reasonably relates to: the progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments.” In plainer words, a teacher’s evaluation must be based at least in part on how well her students perform on state tests.

In June, a judge ruling in favor of the plaintiffs said that student performance must be used as part of a teacher’s evaluation. Then this past Friday, after months of negotiation, the school district and union did reach what is being called a tentative settlement. (The final details of the agreement must be submitted to the judge by end of business day today.) That’s the good news. The bad news is that the terms of the agreement (as written so far) are so vague as to be meaningless. The United Teachers of Los Angeles immediately posted a summary of key elements on its website. The first part says,

No individual AGT/VAM in final evaluation: As specified in this agreement, a teacher’s individual AGT results cannot be used to form the basis for any performance objective or be used in the final evaluation (SECTION 1.3E).

This means that “academic growth over time (AGT)” or “value added measurements (VAM)” – which assess the value or improvement that a teacher adds to a student’s knowledge base via a standardized test score during the time that the student is in the teacher’s classroom – cannot be used. The district had wanted to use AGT as 30 percent of the total assessment, but the union collectively bargained that reasonable number down to zero. Instead,

The teacher and administrator will determine data sources: The multiple measures of student progress for the initial planning sheets will be determined by the administrator and the employee. These measures may include:

  • data such as a teacher’s past CST results (not AGT), current students’ previous CST results, and school-level CST/AGT data, and
  • authentic evidence of student learning, such as teacher-created assessments, student projects and portfolios, semester/unit culminating activities, and periodic assessments (SECTION 1.3A-G).

None of these measures are to be treated as the “sole, primary or controlling” factors in determining the overall final evaluation (SECTION 2.0A).

In other words, it’s business as usual. There is way too much wiggle room here. This ruling was supposed to bring forth a more objective way to assess teachers and add an accountability factor. But with this settlement, incompetent teachers and unaccountable principals can survive lengthy careers and irreparably damage millions of children. Curiously, absent a savvy principal, an excellent teacher can be made to appear to be mediocre. It cannot be stressed enough that principals in Los Angeles, though technically at-will employees, live in the same “culture of non-accountability” as teachers, and if this agreement is accepted as is, these administrators will have a bigger and more important role in assessing teacher quality. As Stanford Professor Eric Hanushek points out, principals can make a huge difference in a school’s performance. Yet they have not been held to any real liability. So we will now have evaluation methods “determined by the administrator and the employee” with neither party being held accountable for student learning.

Also, it’s no secret that the process to fire an incompetent teacher is so expensive and time-consuming that few principals even make the effort. This issue must be directly addressed as part of this agreement or school kids in Los Angeles will continue to be victimized by the current dysfunctional system.

Amazingly, the powers that be are gushing over the preliminary agreement. Superintendent John Deasy went so far as to declare the new plan “historic.” LAUSD school board President Monica Garcia damned the deal with faint praise, saying it is “absolutely, by all accounts, better than what we have today.”

The agreement is not written in stone yet. After receiving some final add-ons, the judge will assess whether it fulfills all the legal requirements of the Stull Act. If it passes that hurdle, the UTLA rank-and-file gets to vote on it in January.

Additionally, while the agreement applies to LA only, the rest of the school districts and local unions in the state will be watching. They too will have to follow the law and implement some kind of evaluation plan, and very well may use this deal as a template. Unless new details emerge or the judge tosses this version into the round file, the teachers union gets the last laugh and the children yet again get the shaft.
Larry Sand began his teaching career in New York in 1971. Since 1984, he has taught elementary school as well as English, math, history and ESL in the Los Angeles Unified School District, where he also served as a Title 1 Coordinator. Retired in 2009, he is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues – information teachers will often not get from their school districts or unions.

“CTEN” was formed in 2006 because a wide range of information from the more global concerns of education policy, education leadership, and education reform, to information having a more personal application, such as professional liability insurance, options of relationships to teachers’ unions, and the effect of unionism on teacher pay, comes to teachers from entities that have a specific agenda. Sand’s comments and op-eds have appeared in City Journal, Associated Press, Newsweek, Townhall Magazine, Los Angeles Times, San Diego Union Tribune, Los Angeles Daily News, San Jose Mercury News, Orange County Register and other publications. This past May, after his weekly blog proved to be very popular, he began writing a monthly article for City Journal, the Manhattan Institute’s policy publication. He has appeared on numerous broadcast news programs and talk radio shows in Southern California and nationally.

Sand has participated in panel discussions and events focusing on education reform efforts and the impact of teachers’ unions on public education. In March 2010, Sand participated in a debate hosted by the non-profit Intelligence Squared, an organization that regularly hosts Oxford-style debates, which was nationally broadcast on Bloomberg TV and NPR, as well as covered by Newsweek. Sand and his teammates – Terry Moe of the Hoover Institution and former U.S. Secretary of Education Rod Paige, opposed the proposition – Don’t Blame Teachers Unions For Our Failing Schools. The pro-union team included Randi Weingarten, president of the American Federation of Teachers. In August 2010, he was on a panel at the Where’s the Outrage? Conference in San Francisco, where he spoke about how charter school operators can best deal with teachers’ unions. This past January he was on panels in Los Angeles, San Diego and San Mateo in support of National School Choice week. Additionally, CTEN has hosted two informational events this year – one addressing the secret agenda that is prevalent in many schools these days and the other concerning itself with California’s new Parent Trigger law. The latter event was covered by both the English and Spanish language press.

Sand has also worked with other organizations to present accurate information about the relationship between teachers and their unions, most recently assisting in the production of a video for the Center for Union Facts in which a group of teachers speak truthfully about the teachers’ unions. At this time, he is conferring with and being an advisor to education policy experts who are crafting major education reform legislation.

CTEN maintains an active and strong new media presence, reaching out to teachers and those interested in education reform across the USA, and around the world, with its popular Facebook page, whose members include teachers, writers, think tankers, and political activists. Since 2006, CTEN has experienced dramatic growth.


Warner Todd Huston is a Chicago-based freelance writer, has been writing opinion editorials and social criticism since early 2001 and is featured on many websites such as Andrew Breitbart's, and all Breitbart News' other sites,,, and many, many others. Additionally, he has been a frequent guest on talk-radio programs across the country to discuss his opinion editorials and current events as well as appearing on TV networks such as CNN, Fox News, Fox Business Network, and various Chicago-based news programs. He has also written for several history magazines and appears in the book "Americans on Politics, Policy and Pop Culture" which can be purchased on He is also the owner and operator of Feel free to contact him with any comments or questions : EMAIL Warner Todd Huston and follow him on Twitter, on Google Plus , and Facebook.