Q&A

‘The war on teachers still exists.’ Newark Teachers Union chief on the Janus ruling, Roger León, and threats from Washington

PHOTO: Patrick Wall
"We took every opportunity to remind our members that the war on teachers still exists," said NTU President John Abeigon.

The past few weeks have been a rollercoaster ride for Newark Teachers Union President John Abeigon.

The high point came on July 1 when Roger León, a veteran Newark educator, became the district’s new superintendent. Abeigon had fought incessantly with the previous superintendent, Christopher Cerf, protesting his confirmation vote and trading insults with him in the press during contentious contract negotiations. León, by contrast, is Abeigon’s longtime acquaintance who held a two-hour introductory meeting with the union’s leadership soon after he was selected as schools chief.

The low point arrived on June 27 when the U.S. Supreme Court ruled that public employees who choose not to join their labor unions no longer must pay fees to cover the cost of collective bargaining. The case, which was bankrolled by anti-union conservative groups, was brought by a state worker in Illinois named Mark Janus who argued that he should not be forced to support a union whose political views he disagreed with.

“In Newark, we have a word for a guy like that: Jerk-off,” Abeigon said in an interview last week at the union’s four-story headquarters near City Hall. “‘Free rider’ might be more politically correct. But that’s just jerk-off by another name.”

In Newark, about 93 percent of the roughly 4,000 teachers, aides, and clerks represented by the NTU are full members, Abeigon said. They pay 1.1 percent of their annual salary in dues — or about $770 per year for a teacher earning $70,000 annually. The remaining employees are so-called agency-fee payers, who pay .85 percent of their salary to the union, or $595 per year for someone making $70,000.

As a result of the Supreme Court’s 5-4 decision in favor of Janus, the union can no longer charge such fees. That means any NTU member who wants could end their membership but still enjoy the benefits of collective bargaining for free. Abeigon said none of his members dropped out after the ruling — but they only had four days to decide before the union’s July 1 enrollment deadline. It’s possible more could leave when the next window opens on Jan. 1.

During the hour-long interview with Chalkbeat, Abeigon gave his take on the ruling, the new superintendent, and the issues he’ll raise when contract negotiations with the district start this fall.

The interview has been edited for clarity and length.

Chalkbeat: The Janus ruling was a major blow to unions that could leave them with less money, members, and political clout. What will it mean for your union?

Abeigon: Right now, Newark has no one requesting to drop out.

It makes sense given what we’ve been through in the past 10 years with [former superintendents] Cami Anderson and Chris Cerf attempting to annihilate us. It doesn’t make sense to drop out. It’s not worth it. For $700 I’m going to kick my union in the face? After all we’ve been through? After all the wins we’ve had?

What incentive do your members have to keep paying dues?

The right to run for office, the right to vote for your union leadership. Access to discount benefit programs that we have that are only available to full-time members, access to professional development that we provide gratis.

What about representation if they come up for disciplinary charges or tenure charges?

Right now, [non-dues payers] would be entitled to that. However, [the American Federation of Teachers-New Jersey] had a meeting yesterday. And there will be other meetings with the state legislature to correct that through the legislative process.

So essentially a law that would allow unions to only provide certain services to dues-paying members?

Correct.

It sounds like you’re also counting on your members to think beyond their personal financial interest and consider the greater good of the union.

We don’t have a separate source of income. We don’t sell T-shirts. We don’t invest in real estate. Our dues go to services and to protect members. If there’s no dues, there’s no service, there’s no protection. It’s that simple.

Our members know we’re not one of these unions that spend millions of dollars on staff and Cadillacs and vacations and conferences. I would say that 98 percent of union dues are spent on legal and professional services that we provide our members.

Some pundits have said the ruling could be a blessing in disguise to unions by forcing them to be more responsive to members and provide better services. Do you feel any pressure to be more responsive now?

If someone is working in a union that is not responsive and doesn’t provide services, this could be an incentive for that union to wake up and start listening to its members.

But if you look at the makeup of my executive board, my negotiation committees, my professional development committees, the workshops that we have here, I would argue there’s not a more progressive union in the state than the NTU.

So in your view, you’re already a responsive union that meets members’ needs?

Above and beyond.

Try to get in contact with another local union president while he’s on vacation through Facebook Messenger, and see if he responds. The staff in this building, we’re available 24-7.

Moving on to the new superintendent, Roger León. This is the first time the board has been able to choose a superintendent in over 20 years, rather than have one appointed by the state. And it chose a lifelong Newarker who’s a veteran educator. To you, what’s the significance of that?

It’s huge. It’s what we’ve been waiting for.

Now, not only do we have Roger, but we have [Gov. Phil] Murphy and [Commissioner Lamont] Repollet in the state Department of Education. So things should be a little more democratic.

And you know, democracy isn’t pretty. But there’s a process.

[León’s] going to learn where his role is as a superintendent who is answerable to a school board. And the school board is going to learn how to represent the parents to whom they’re responsible and the children.

How do you think your dealings with León, someone who’s from the district and worked here for over 25 years, will be different than they were with the state-appointed superintendents?

We’ll deal with him the same way we dealt with every single superintendent who preceded him. When they’re right, it’s because they listened to us, and when they’re wrong, it’s because they didn’t.

Tell me about León. Have you interacted with him over the years?

I’ve interacted with him a hundred times. I went to Montclair State with him; we took education law classes together.

Roger’s all about the kids. After that, he’s all about the teachers and administrators in the building who are in charge of providing those kids with an education.

Roger also comes from poverty. He went to Hawkins Street School as a child, and he still lives in the same house and the same neighborhood, and is loved and respected by the same people.

So it shouldn’t be all that difficult to express to Roger what’s wrong with a situation and how it can be remedied.

León also has a reputation for having very high standards. Is that a positive thing, or could it be a challenge for you if he thinks teachers are under-performing?

We expect him to be about high standards. But we also expect him to be about reasonable high standards.

If you’re in a classroom with 14, 15 kids, air-conditioned, parental support, you can have a certain expectation. If you’re in a classroom with 30 kids and it’s 105 degrees and gunshots interrupt the lesson, you have to adjust and monitor your expectations.

Does that mean lowering expectations for students facing those challenges?

No. But don’t expect the same results in the same amount of time.

One of the first things León did was force out 31 officials who were connected to his predecessors, Anderson and Cerf. What did you think about that?

It was a good start, but there’s still more of them to go.

Anyone associated with education reform or the corporate-charter school agenda needs to be identified, isolated, and let go. I would push Roger that anyone in the administrative sector who was hired by Cami or Cerf be terminated immediately.

You’ve called for Newark Enrolls, the district’s single enrollment system for traditional and charter schools, to be dismantled. But just recently León made a comment saying he was planning to keep it. Did that concern you?

Well it takes time to dismantle something, you can’t just dismantle it overnight. You have to replace it with something. I’ll give him time. But little by little it has to be demolished.

The purpose of Newark Enrolls was solely to put children in the empty seats at charter schools.

It had nothing to do with accommodating Newark parents. How do you accommodate a Newark parent by telling her that two of her kids are going to go to one school, and the the third is going to go to another school across town when she’s got a full-time job and has to get them to both schools?

León has limited control over charter schools. He can’t open or close charters, but he has talked about getting the two sectors to collaborate by having principals and teachers share ideas and best practices.

There’s nothing we can share. I disagree with him on that.

We have nothing to learn from the corporate charter industry. Everything that they use are things we’ve been arguing for for decades. We’ve been looking for legislation year after year to mandate a class-size minimum and maximum of 15 to 20 [students]. We didn’t need to learn that from them. We’ve been looking for that legislation forever. We can never get it.

Another issue you’ve brought up before are the extended hours at low-performing schools that was built into the 2012 teachers contract.

Another corporate-reform failure. It failed big because they thought they knew everything.

Every teacher can tell you that if you’re doing something wrong, or a kid’s not getting it, keeping him there an additional three hours a day is only going to frustrate him. It’s going to attack his self-esteem, and he’s going to act out. And that’s exactly what we saw happen.

So will you push León to get rid of that?

Yes. We want a restoration of the after-school program that has worked successfully in the traditional schools.

The contract that was negotiated in 2012 was considered groundbreaking. It had performance pay, longer hours for some schools, a new teacher evaluation system, and teacher raises.

We are a progressive union. We did negotiate those things.

And where they were successful is because we made them work. Where they failed is because the district was not being run by educators. It was being run by corporate charter reformers.

So now when the current contract is set to expire after this school year, will you try to keep any of those policies in the new contract?

We’re going to be trying to negotiate them all away.

Including performance pay?

Except for that. We have no problem with getting more money into the pockets of our members.

That’s what we’re about. We’re a union. It’s the Newark Teachers Union. A lot of people forget that. No, I’m not the parents union. I’m not the taxpayers union. I’m not the children’s union. The children in this city got more advocates than you can throw a…They got the [Advocates for Children of New Jersey], they got the Education Law Center, they got the parents and the other thing. Everyone and their mother in this city is an advocate for the children.

Wherever there’s a child in this city, one of my members is within three feet of that kid. You think I want any harm to come to that child? No, because the collateral damage will hit the teacher.

This moment seems like it’s been a bit of whiplash for your union. In Newark, you have a new locally controlled school board and a superintendent who’s an educator. But at the national level, you have a Supreme Court ruling that goes against unions. How are you feeling in this moment?

Locally, it’s a win that we’ve been working for for a long time — the return to local control.

But we were never not mindful that the war on teachers was a national one. And we took every opportunity to remind our members that the war on teachers still exists. That we may be lucky, we may have spared ourselves now, we may have found a moment to breathe without being directly attacked. But we still have to keep our helmets on for attacks that come from Washington.

But we’ll deal with it. We’ll survive those attacks, too.

School choice

Denver judge blocks school transportation provision added to Colorado law

PHOTO: Denver Post file
Sam Boswell, 7, all bundled up in his winter clothes, splashes his way to the school bus on May 12, 2010.

A Denver judge struck down a provision of a bill related to the education of youth in foster care that would have removed barriers to transportation for all students.

The transportation provision was an amendment added by Republican lawmakers late in the 2018 session. Soon after the bill was signed by Gov. John Hickenlooper, several Colorado school districts and the associations that represent them filed a lawsuit to block it.

In a ruling issued Friday, Denver District Court Judge David Goldberg found that the amendment violated rules in the Colorado constitution that require every bill to have a clear title that explains what the bill is about and to deal only with one subject.

The bill’s title was “Improving Educational Stability for Foster Youth,” and it seeks to improve graduation rates for foster youth by requiring child welfare officials and school districts to work out transportation to the student’s home district when that’s in the child’s best interest. It also creates flexibility around graduation requirements when students do change schools. Foster youth have the lowest four-year graduation rates in the state, much lower even than homeless youth and students whose parents are migrant workers.

The tacked-on language was added in the Republican-controlled State Affairs committee five days before the end of the session. It said that a school board “may furnish transportation” to students who are enrolled in the district but who live in another district. The provision applies to all students, not just those who are in the foster system. It also struck language from an existing law that requires the consent of the school district from which students are being bused.

The amendment language came straight from a separate bill about expanding school choice that had been killed by Democrats in the House the day before.

Many school districts opposed the transportation provision because they feared it would open the door for better-off districts to poach students and undermine the meaning of school district boundaries. Advocates for school choice argued the provision was good policy that would allow more students, especially those from low-income families, take advantage of opportunities. They also argued, apparently unconvincingly, that it was required for implementation of the foster youth portions of the bill.

The Donnell-Kay Foundation intervened in the case in defense of the law. (The Donnell-Kay Foundation is a funder of Chalkbeat. You can read our ethics policy here.)

In his ruling, Goldberg said this specific issue has never been litigated in Colorado before, and he relied in part on rulings from other states with similar requirements. Bills with broad titles, he wrote, can be construed broadly and encompass a range of issues as long as they have some connection to the title. But bills with narrow titles must be construed narrowly — and this amendment didn’t make the cut.

“The subject of House Bill 18-1306 is out-of-home placed students and efforts to ensure educational stability,” Goldberg wrote, while the amendment’s subject “is all students, with no qualifiers, conditions, restrictions, or reference to out-of-home placed students. … House Bill 18-1306 seriously modifies transportation for all students and is hidden under a title relating exclusively to out-of-home placed students.”

Goldberg ruled that the amendment is “disconnected” from the rest of the bill, and neither lawmakers nor the public had enough notice about its inclusion before passage.

That leaves the rest of the foster youth bill intact and advocates for expanded school choice facing an uphill battle in a legislature in which Democrats, who are more likely to give priority to school district concerns, now control both chambers.

This isn’t an abstract issue. In 2015, more than 150 students who lived in the Pueblo 60 district but attended school in higher-performing Pueblo 70 lost access to transportation when the city-based district ordered its neighbor to stop running bus routes through its territory.

Online Shopping

Jeffco launches universal enrollment site to make school choice easy

PHOTO: Yesenia Robles, Chalkbeat
Students in a social studies class at Bear Creek High School in Jeffco Public Schools read about Genghis Khan.

Starting Monday, parents in Colorado’s second-largest district will be able to shop online for schools and, once enrollment opens in January, apply to as many as they like.

The launch of Enroll Jeffco, following the path paved by Denver Public Schools, means some 86,000 students and their parents won’t have to go to individual schools during the work day and fill out paper forms if they want to apply somewhere other than their neighborhood school.

The online system cost about $600,000 to develop and operate for this school year. The district expects it to cost about half of that annually going forward.

Universal enrollment systems allow parents to compare and apply to traditional district-run schools, district schools with specialized programming or models, known in Jeffco as options schools, and charter schools with a single application on the same website. Universal enrollment systems are a key component of what some call the “portfolio model,” in which districts oversee a range of school types and parents vote with their feet. They’ve been controversial in places, especially when coupled with aggressive school accountability policies that lead to school closures.

In Jeffco Public Schools, which is more affluent than many Denver metro area districts, officials see the move to a single, online enrollment system as a valuable service for parents.

“Regardless of how people feel about it, we operate in a competitive school choice environment, both inside the district and outside the district,” Superintendent Jason Glass said. “That compels us to make thinking about that transaction, making people aware of the options and enrolling in our schools, as frictionless and easy as possible.”

Colorado law requires schools in any district to admit any student for whom they have room and for whom the district can provide adequate services, after giving priority to students who live in the district. But many districts still require paper applications at individual schools, and schools in the same district might not have the same deadlines. A recent report by the conservative education advocacy group Ready Colorado found that parents who use school choice are more likely to be white, middle- or upper-class, and English-speaking than the state’s student population. The authors argue that districts should streamline the enrollment process and consider providing transportation to make choice more accessible.

Jeffco isn’t rolling out new transportation options yet, but it might use data from the enrollment process, including a parent survey that is built into the website, to see if that’s desired or feasible. And officials believe strongly that the new online enrollment system will open up more opportunities for low-income parents and those who don’t speak English.

The website will provide information in the district’s six most commonly spoken languages and should be optimized for use on mobile phones. All parents will be required to use the system to express their preferences, including the majority of parents who want to stay in their neighborhood school, and the district is planning significant outreach and in-person technical assistance.

We believe that if all parents are participating, it improves equity,” Glass said. “One of the things we struggle with is that upwardly mobile and affluent parents tend to be the ones who take advantage of school choice. We want all of our schools to be available to all of our families. We think being able to search through and make the enrollment process as easy as possible is an equity issue.”

But critics of universal enrollment systems worry that the ease of application will encourage parents to give up on neighborhood schools rather than invest in them.

Rhiannon Wenning, a teacher at Jefferson Junior-Senior High School, said the link between charter schools and open enrollment systems makes her distrustful, even as many of her students are using the choice process to stay at the school after rising home prices pushed them into other parts of the metro area.

“I understand parents want what is best for their child, but part of that as a citizen and a community member is to make your neighborhood school the school that you want it to be,” she said, calling the universal enrollment system an attack on public schools.

Joel Newton of the Edgewater Collective, which provides community support for lower-income schools in the eastern part of the district, said Enroll Jeffco will give the district much better data on which to base decisions, but he worries that Title I schools, which serve large numbers of students from low-income families, won’t be able to compete.

“With an online system like this, it really needs to be a level playing field,” he said. “And in my area, I’d much rather have resources going to curriculum and instructional aides to catch kids up than going into marketing support. But other areas can do that and they have these big, well-funded PTAs.”

Until now, parents have had to seek out information on each school’s website. The online portal starts by asking parents to enter their address and the grade in which they’re enrolling a student. It then displays the parents’ neighborhood school, with an option to explore alternatives. Each school page has extensive information, including a short narrative, descriptions of special programs like math, arts, or expeditionary learning, the school mascot, and the racial and economic breakdown of the student population. The intent, district spokesperson Diana Wilson said, is to let schools “tell their own story.”

Parents can select as many schools as they want when enrollment opens Jan. 22, and they’ll learn in mid- to late February where they got in. However, they have to commit within five days to one school, ending a practice by which parents in the know kept their options open through the summer months. District officials say this will help them plan and budget better.

Kristen Harkness, assistant director for special education in Jeffco, served on the steering committee that developed the system, and she’s also a parent in the district. Even as a district employee who thought she knew the process inside and out, she managed to miss a deadline for her son to be considered at another middle school.

She said that choosing between schools isn’t a matter of which schools are better but which are a better fit for a particular student. In her case, her son could have stayed at a K-8 or transferred to a combined middle and high school, with each option presenting a different kind of middle school experience. He’s happy at the K-8 where he stayed, she said, but parents and students should have the chance to make those decisions.

The new universal enrollment system is poised to give more families that chance. In the course of the rollout, though, there may be a few glitches.

“We’re doing all we can to look into the future and foresee any technical problems and design solutions to that proactively,” Glass said. “That said, this is our first time, and we ask for people’s patience.”