annals of law

After ruling, ex-Bronx Science teacher will lose poor evaluation

A teacher who received an unsatisfactory rating at the Bronx High School of Science will have that rating removed from his record after a judge ruled that it was assigned unfairly.

Peter Lamphere had gone to court to appeal an unsatisfactory rating he received when he was the union chapter leader at Bronx Science, where there are deep tensions between administrators and teachers.

Lamphere and other teachers said they had been targeted after speaking out against administrative policies. In February, Lamphere described his experience in the Community section:

In the fall of 2007, the math department welcomed a new assistant principal, Rosemarie Jahoda. Soon, however, we found that the newer teachers in the department were being subjected to a level of scrutiny and paperwork that was excessive. As soon as I spoke up about the issue, which was my responsibility as a member of a UFT consultation committee that met with the principal, I immediately began receiving unjustified disciplinary letters.  These were quickly followed by groundless unsatisfactory lesson observation reports. I had had a spotless teaching record for my entire previous career, including at Bronx Science.

Last week, responding to a lawsuit filed by the state teachers union, Judge Paul Feinman granted Lamphere’s petition to have the U-rating overturned. (Feinman is the same judge who denied the UFT’s bid to halt school closures and co-locations last summer.) According to the petition, which was filed in July, the city had upheld the U-rating even after Bronx Science Principal Valerie Reidy declined to contest Lamphere’s appeal.

The decision means that once the city and union reach an agreement, called a judgment, Lamphere is likely to have the U-rating turned into a satisfactory one. Because salary increases are frozen when a teacher gets a U-rating, he is also likely to get the extra pay he would have received had he not received the U-rating in the first place.

In a statement today, Lamphere said the ruling should push the city to step in at Bronx Science.

“This is an alert to the Department of Education that they need to examine more closely what’s happening at Bronx Science,” Lamphere said. “It’s outrageous that they have chosen to look the other way while the school administration at Bronx Science has undermined the learning environment at what should be one of the crown jewels of the city’s educational system.”

Other teachers said the decision speaks to a broader need for continued protections for teachers, something Lamphere himself argued in a second Community section column this summer.

“Without tenure, this victory would never have happened as Lamphere would have been dismissed without any due process at all,” said Megan Behrent, a teacher who is active in the UFT, said in a statement.

Lamphere is awaiting judgment in a second case, over harassment because of his union activity at Bronx Science.

surprise!

Teachers in Millington and Knoxville just won the Oscar awards of education

PHOTO: Milken Family Foundation
Millington English teacher Katherine Watkins reacts after learning that she is the recipient of a 2017 Milken Educator Award.

Two Tennessee teachers were surprised during school assemblies Thursday with a prestigious national teaching award, $25,000 checks, and a visit from the state’s education chief.

Katherine Watkins teaches high school English in Millington Municipal Schools in Shelby County. She serves as the English department chair and professional learning community coordinator at Millington Central High School. She is also a trained jazz pianist, published poet, and STEM teacher by summer.

PHOTO: Milken Family Foundation
Paula Franklin learns she is among the recipients.

Paula Franklin teaches Advanced Placement government at West High School in Knoxville. Since she took on the course, its enrollment has doubled, and 82 percent of her students pass with an average score that exceeds the national average.

The teachers are two of 45 educators being honored nationally with this year’s Milken Educator Awards from the Milken Family Foundation. The award includes a no-strings-attached check for $25,000.

“It is an honor to celebrate two exceptional Tennessee educators today on each end of the state,” said Education Commissioner Candice McQueen, who attended each assembly. “Paula Franklin and Katherine Watkins should be proud of the work they have done to build positive relationships with students and prepare them with the knowledge and skills to be successful in college and the workforce.”

Foundation chairman Lowell Milken was present to present the awards, which have been given to thousands of teachers since 1987.

PHOTO: Milken Family Foundation
Students gather around Millington teacher Katherine Watkins as she receives a check as part of her Milken Educator Award.

The Milken awards process starts with recommendations from sources that the foundation won’t identify. Names are then reviewed by committees appointed by state departments of education, and their recommendations are vetted by the foundation, which picks the winners.

Last year, Chattanooga elementary school teacher Katie Baker was Tennessee’s sole winner.

In all, 66 Tennessee educators have been recognized by the Milken Foundation and received a total of $1.6 million since the program began in the state in 1992.

You can learn more about the Milken Educator Awards here.

Busing Ban

As school districts push for integration, decades-old federal rule could thwart them

PHOTO: RJ Sangosti/The Denver Post
Several districts across the country want to use federal money to pay for school buses as part of their desegregation plans. A federal spending restriction could get in the way.

In Florida, officials plan to use federal money to shuttle students across vast Miami-Dade County to new science-themed magnet programs in a bid to desegregate several schools.

In South Carolina, a tiny district west of Myrtle Beach intends to spend federal funds on free busing for families who enroll at two predominantly black schools, hoping that will draw in white and Hispanic students.

And in New York, state officials want to deploy federal school-improvement money to help integrate struggling schools, believing that may be the secret to their rebirth.

But each of these fledgling integration efforts — and similar ones across the country — could be imperiled by obscure budget provisions written during the anti-busing backlash of the 1970s, which prohibit using federal funding for student transportation aimed at racial desegregation. The rules have been embedded in every education spending bill since at least 1974, as Rep. Bobby Scott of Virginia pointed out in September when he tried unsuccessfully to remove the provisions from the latest appropriations bill.

The rules are “a relic of an ugly history when states and school districts across the nation resisted meaningful integration,” said Scott, the top Democrat on the House education committee, during a floor speech where he called the persistence of the rules “morally reprehensible.”

After Scott’s amendment to eliminate the provisions was blocked, advocates are now working behind the scenes to convince members of the Senate from both parties to strike the rules from the latest spending bill during negotiations. More than 40 integration advocates and experts have signed onto a letter to lawmakers calling for the anti-busing language to be removed, and members of that coalition plan to meet with lawmakers in the coming days.

Advocates are especially worried about funding for magnet programs, like those in Miami and the South Carolina district, which rely on special science or art offerings or rigorous academic courses to draw students of different races into the same school — a choice-based approach that has become the primary way districts now pursue desegregation.

This is the first year districts that receive federal magnet-school grants are allowed to spend some of that money on transportation, after Congress changed the rules as part of its education-law overhaul in 2015. Among the 32 districts that received a total of nearly $92 million in magnet grants this year, at least six plan to use some of that money for transportation, according to their applications.

Now, just as those funds are about to flow to busing — which many families insist upon before they will enroll their children in magnet schools across town — the decades-old spending restriction could cut them off, advocates warn.

That could create a major problem for districts like Miami-Dade County.

It hopes to attract students from across the district to three heavily black and Hispanic schools by launching magnet programs that focus on zoology, cybersecurity, and mobile-app development, according to its application. To pull that off, it requested $245,000 for buses next year since, as the application notes, the “most limiting factor” for many families is “the cost associated with transporting their child to the magnet school.”

The district in Lake City, South Carolina wants to pull new families from different neighborhoods into an elementary school and a middle school that suffer from sagging enrollment and intense poverty. Previous recruitment efforts that didn’t provide transportation amounted to “failed attempts,” the district said in its application.

However, if the anti-busing provisions are not removed from the next federal spending bill, they would cancel out the new rule allowing those districts to spend some of their magnet money on transportation (though districts could still use local funds to fill in the gap). As such, magnet-school representatives are pushing hard for lawmakers to remove the provisions during budget negotiations.

“We’re hoping this doesn’t see the light of day,” said John Laughner, legislative and communications manager at Magnet Schools of America, an association of magnets from across the country. He plans to discuss the issue with lawmakers next week.

Beyond magnet schools, other desegregation efforts could be undercut by the anti-busing provision, which was included in a spending bill for fiscal year 2018 that the House approved and one the Senate has yet to vote on.

At least one state — New York — listed socioeconomic and racial integration among the ways it could intervene in low-performing schools under the new federal education law. In addition, New York officials announced a grant program this week where up to 30 districts will receive federal money to develop integration plans.

Advocates fear the anti-busing rule could disrupt any of those plans that require transportation and aim to reduce racial segregation. (New York education officials said they did not want to speculate on the impact of a spending bill that hasn’t been approved.)

A Democratic Congressional aide who has studied the issue said the provision could even block federal funding for planning or public outreach around desegregation programs that involve busing, not just busing itself.

Either way, advocates say the provision could dissuade districts from using the new education law, the Every Student Succeeds Act, to pursue integration — even though research suggests that student achievement on tests and other measures improve when they attend less segregated schools.

“We shouldn’t have this,” said Philip Tegeler, a member of the National Coalition on School Diversity, which is leading the charge to remove the restriction. He added that the provision stemmed from mandatory desegregation busing of an earlier era: “It’s clearly an anachronism that doesn’t really fit any more with what states and districts are doing voluntarily.”

A U.S. education department spokeswoman said Secretary Betsy DeVos would be bound to enforce any funding prohibitions that Congress approves, though she noted that state and local funds are not subject to the same restrictions.

Negotiators from the House and Senate must still agree on a single spending bill, which would go before the full Congress for a vote. Until then, lawmakers have voted to temporarily extend 2017 spending levels through December. It’s possible Congress will pass another extension then, meaning a final deal — and a decision on the anti-busing language — may not arrive until early next year.

In the meantime, advocates are pressing lawmakers like Sen. Lamar Alexander, the Republican chairman of the Senate education committee who helped craft ESSA, with the argument that the anti-busing provision limits the flexibility and local control the law was meant to provide districts.

Margaret Atkinson, a spokeswoman for the senator, would not say whether he is open to removing the provision, but said he would continue working to ensure ESSA “is implemented as Congress intended.”

The anti-busing language — found in two sections of the current appropriation bills — prohibits using federal funds for transportation “to overcome racial imbalance” or “to carry out a plan of racial desegregation,” or forcing students to attend any school other than the one closest to home. (A separate education law contains a similar restriction, but ESSA exempted magnet schools from it.) The provisions emerged in the early 1970s, just after the Supreme Court ruled that busing students to schools outside their own racially isolated neighborhoods was an appropriate tool for school desegregation.

At the time, many white parents raged against what they called “forced busing.” In response, the U.S. House of Representatives passed at least one law annually from 1966 to 1977 meant to curb school integration, according to historian Jason Sokol, and in 1974 the full Congress voted in favor of an anti-busing amendment to an education bill. The restrictions in the current spending bills appear to have originated around the same time.

The attacks on busing reflect how crucial free transportation is to school desegregation, said Erica Frankenberg, a professor at Pennsylvania State University who studies segregation. Busing was included in guidelines outlining how districts should comply with desegregation requirements in the 1964 Civil Rights Act, and later upheld by the Supreme Court, she pointed out.

More recently, studies have shown that non-white parents are more likely to opt into magnet schools when they provide transportation, and that magnets that don’t offer busing are more likely to enroll students of a single race, Frankenberg said. Yet, many politicians remain reluctant to endorse busing for desegregation — which may reflect a deeper ambivalence, she added.

Resistance to busing, she said, “is a very politically acceptable way to be opposed to integration.”