First Person

Reasonable Doubt

I’ve been relatively quiet in the ongoing debate about how best to evaluate teachers in New York City and across New York State. I’m not close to the negotiations and can claim no expertise on the political machinations outside of public view. At its heart, this seems to me a dispute over jurisdiction: Who has the legitimate authority to regulate the work of an occupation that seeks the status of a profession—but one that is in a labor-management relationship?

The laws of New York recognize the labor-management fault line, but they do little to guide a collective-bargaining process toward agreements in the many districts in which teacher-evaluation systems are contested. Each side brings a powerful public value to bear on the disagreement.

For the employers, it’s all about efficiency. It’s in the public interest, they argue, to recruit, retain and reward the best teachers, in order to maximize the collective achievement of students. A teacher-evaluation system that fails to identify those teachers who are effective, and those who are ineffective, can neither weed out consistent low-performers nor target those who might best benefit from intensive help. Rewarding high-performing teachers can, in the short run, help keep them in their classrooms, they claim, and, in the long run, can help expand the pool of talented individuals who enter the occupation.

For teachers, the key concern is fairness. Fairness is primarily a procedural issue: Teachers, and the unions that represent them, seek an evaluation process that is neither arbitrary nor capricious, relying on stable and valid criteria that they believe accurately characterize the quality of their work. In this view, an evaluation process is unfair to the extent that it can be manipulated by a building administrator or school district to yield a particular rating for a teacher’s performance. It is also unfair if random factors beyond a teacher’s control unduly influence the evaluation of his or her performance.

The values of efficiency and fairness collide head-on in New York’s Education Law §3012-c, passed as part of the state’s efforts to bolster its chances in the 2010 Race to the Top competition. The law requires annual professional performance reviews (APPRs) that sort teachers into four categories—“highly effective,” “effective,” “developing” and “ineffective”—based on multiple measures of effectiveness, including student growth on state and locally selected assessments and a teacher’s performance according to a teacher practice rubric.

The fundamental problem is that it’s hard to assess the efficiency or fairness of an evaluation system that doesn’t exist yet. There are too many unknowns to be able to judge, which is one of the arguments for piloting an evaluation system before bringing it to scale. The properties of the state tests that are to be used to assess teachers’ contributions to student learning are a moving target; the tests have been changing in recent years in response to concerns about their difficulty, predictability and coverage of state curricular standards. And in a couple of years, those standards and assessments will change, as New York and many other states phase in the Common Core standards and new assessments designed to measure mastery of them. The models to estimate a teacher’s position relative to other teachers in contributing to students’ test performance are imprecise at the level of the individual teacher, and different models yield different results for a given teacher. There’s been little to no discussion of how to incorporate this uncertainty into the single numerical score a teacher will receive.

The evaluation of teachers’ practices via classroom observations using New York State Education Department (NYSED)-approved rubrics, such as Charlotte Danielson’s Framework for Teaching or Robert Pianta’s Classroom Assessment Scoring System, is another unknown. There’s evidence that with proper training, observers can reliably rate teachers’ classroom practices, but the nature of the training is critical, and there is no evidence to date of New York City’s ability to prepare more than 1,500 principals, or the principals’ “designees,” to carry out multiple observations of many teachers, teaching many different school subjects, each year.

Amazingly, there is even uncertainty about whether the evaluations can or should be based solely on a teacher’s performance in a single year. The statute creating the new evaluation system in New York describes it as an “annual professional performance review.” But is this a professional performance review that occurs annually, or a review of annual professional performance—that is, a teacher’s performance in the most recent year? The guidance provided by the NYSED suggests that it has no idea. “For 2011-12, only one year of teacher or principal student growth percentile scores will factor into each educator’s evaluation,” the guidance states. “When more years of data are available, NYSED will consider whether each evaluation year should include more than one year of educator student growth results. Empirical and policy considerations will determine the decision.”

Well, that certainly clarifies matters. In other words, a “bad” year where a teacher is ranked relatively low compared to other teachers might reverberate, affecting his or her ranking in subsequent years. But a good observational rating in a given year seemingly will have no spillover effect into subsequent years. If, as has been true in Washington, D.C.’s IMPACT teacher-evaluation system, teachers generally score higher on observational ratings than on their value-added or growth-score rankings relative to other teachers, the carryover for value-added performance—but not observations of teachers’ professional practices—appears unfair. And in D.C., this evaluation system has resulted in the termination of hundreds of teachers based on one or two years of performance.

Teacher-evaluation systems have multiple purposes, which might include certifying teachers as competent or selecting some for particular forms of professional development to enhance their professional practice. For most of these purposes, it’s essential that those with a stake in the education system view these evaluation systems as legitimate—and the perceived efficiency and fairness of an evaluation system are central to such judgments. It’s not hard to see why a great many teachers, in New York City and across the state, have serious doubts about the fairness of New York State’s APPR process. And if future teachers do as well, the process could have the unintended consequence of reducing, rather than increasing, the pool of individuals willing to consider teaching as a vocation. This, coupled with the more than 1,300 principals across the state who have raised questions about the efficiency of the process, illuminates the challenges confronting the state as it seeks to implement the APPR system and avoid a scolding from U.S. Secretary of Education Arne Duncan.

William Blackstone, an 18th-century English legal scholar, wrote “better that ten guilty persons escape than that one innocent suffer.” Benjamin Franklin, one of the founders of our country, later upped the ante to 100 to one. The principle captures squarely the trade-off between the value of efficiency and the value of fairness. A legal system that lets the guilty go free is inefficient, as these offenders are free to continue to transgress against the common good. But to Franklin and others, that was still preferable to a legal system that did not provide adequate procedural protections for all, whether innocent or guilty, because such a system would be inconsistent with the principle of fairness so central to the American polity.

It’s important to note that Blackstone and Franklin were concerned with the workings of government; fairness in the private sector was not a central concern, and efficiency was taken for granted as a consequence of market forces. Civil servants, as agents and employees of the state, arguably are subject to a different set of rights and responsibilities than those working in the private sector, and teachers are one of the largest groups of such public servants. What’s an acceptable tradeoff between efficiency and fairness in the mix of teachers’ rights and responsibilities? It’s a lot easier to speculate about percentages in the abstract than to confront the possibility that you, or someone close to you, might be out of a job because of an untested teacher-evaluation system that cuts corners on fairness.

This post also appears on Eye on Education, Aaron Pallas’s Hechinger Report blog.

First Person

I’ve been mistaken for the other black male leader at my charter network. Let’s talk about it.

PHOTO: Alan Petersime

I was recently invited to a reunion for folks who had worked at the New York City Department of Education under Mayor Michael Bloomberg. It was a privilege for me to have been part of that work, and it was a privilege for me to be in that room reflecting on our legacy.

The counterweight is that only four people in the room were black males. Two were waiters, and I was one of the remaining two. There were definitely more than two black men who were part of the work that took place in New York City during that era, but it was still striking how few were present.

The event pushed me to reflect again on the jarring impact of the power dynamics that determine who gets to make decisions in so-called education reform. The privileged end up being relatively few, and even fewer look like the kids we serve.

I’m now the chief operating officer at YES Prep, a charter school network in Houston. When I arrived at YES four years ago, I had been warned that it was a good old boys club. Specifically, that it was a good old white boys club. It was something I assessed in taking the role: Would my voice be heard? Would I truly have a seat at the table? Would I have any influence?

As a man born into this world with a black father and white mother, I struggled at an early age with questions about identity and have been asking those questions ever since.

As I became an adult, I came to understand that being from the suburbs, going to good schools, and being a lighter-skinned black person affords me greater access to many settings in America. At the same time, I experience my life as a black man.

Jeremy Beard, head of schools at YES, started the same day I did. It was the first time YES had black men at the leadership table of the organization. The running joke was that people kept mistaking Jeremy and me for each other. We all laughed about it, but it revealed some deeper issues that had pervaded YES for some time.

“Remember when you led that tour in the Rio Grande Valley to see schools?” a board member asked me about three months into my tenure.“That wasn’t me,” I replied. I knew he meant Jeremy, who had worked at IDEA in the Valley. At that time, I had never been to the Valley and didn’t even know where it was on the map.

“Yes, it was,” he insisted.

“I’ve never been to the Valley. It wasn’t me. I think you mean Jeremy.”

“No, it was you, don’t you remember?” he continued, pleading with me to recall something that never happened.

“It wasn’t me.”

He stopped, thought about it, confused, and uttered, “Huh.”

It is difficult for me to assign intent here, and this dynamic is not consistent with all board members. That particular person may have truly been confused about my identity. And sure, two black men may have a similar skin tone, and we may both work at YES. But my life experience suggests something else was at play. It reminds me that while I have the privilege of sitting at the table with our board, they, as board members, have the privilege of not having to know who I am, or that Jeremy and I are different black dudes.

It would be easy to just chalk this all up to racial politics in America and accept it as status quo, but I believe we can change the conversation on privilege and race by having more conversations on privilege and race. We can change the dynamics of the game by continuing to build awareness of diversity, equity, and inclusion. We can also advocate to change who has seats at the table and whose voices will be heard.

I remain hopeful thanks to the changes I have witnessed during my time at YES. The board has been intentional in their efforts to address their own privilege, and is actively working to become more diverse and inclusive.

Personally, I have worked to ensure there are more people of color with seats at the table by mentoring future leaders of color at YES Prep and other black men in this work. Jeremy and I also created Brothers on Books, a book club for black men at YES to find mentorship and fellowship. Through this book club, we can create a safe space to have candid discussions based on literature we read and explore what it means to be black men at YES.

When I think about privilege, I am torn between the privilege that has been afforded to me and the jarring power dynamics that determine who gets to have conversations and make decisions in so-called education reform. White people are afforded more voices and seats at the table, making decisions that primarily impact children of color.

It is not lost on me that it is my own privilege that affords me access to a seat at the table. My hope is that by using my role, my voice and my privilege, I can open up dialogue, hearts, minds, opinions, and perceptions. I hope that readers are similarly encouraged to assess their own privileges and determine how they can create positive change.

Recy Benjamin Dunn is YES Prep’s chief operating officer, overseeing operations, district partnerships, and growth strategy for the charter school network. A version of this piece was first published on YES Prep’s blog.

First Person

I’m a Bronx teacher, and I see up close what we all lose when undocumented students live with uncertainty

The author at her school.

It was our high school’s first graduation ceremony. Students were laughing as they lined up in front of the auditorium, their families cheering them on as they entered. We were there to celebrate their accomplishments and their futures.

Next to each student’s name on the back of those 2013 graduation programs was the college the student planned to attend in the fall. Two names, however, had noticeable blanks next to them.

But I was especially proud of these two students, whom I’ll call Sofia and Isabella. These young women started high school as English learners and were diagnosed with learning disabilities. Despite these obstacles, I have never seen two students work so hard.

By the time they graduated, they had two of the highest grade point averages in their class. It would have made sense for them to be college-bound. But neither would go to college. Because of their undocumented status, they did not qualify for financial aid, and, without aid, they could not afford it.

During this year’s State of the Union, I listened to President Trump’s nativist rhetoric and I thought of my students and the thousands of others in New York City who are undocumented. President Trump falsely portrayed them as gang members and killers. The truth is, they came to this country before they even understood politics and borders. They grew up in the U.S. They worked hard in school. In this case, they graduated with honors. They want to be doctors and teachers. Why won’t we let them?

Instead, as Trump works to repeal President Obama’s broader efforts to enfranchise these young people, their futures are plagued by uncertainty and fear. A Supreme Court move just last week means that young people enrolled in the Deferred Action for Childhood Arrivals program remain protected but in limbo.

While Trump and the Congress continue to struggle to find compromise on immigration, we have a unique opportunity here in New York State to help Dreamers. Recently, the Governor Cuomo proposed and the state Assembly passed New York’s DREAM Act, which would allow Sofia, Isabella, and their undocumented peers to access financial aid and pursue higher education on equal footing with their documented peers. Republicans in the New York State Senate, however, have refused to take up this bill, arguing that New York state has to prioritize the needs of American-born middle-class families.

This argument baffles me. In high school, Sofia worked hard to excel in math and science in order to become a radiologist. Isabella was so passionate about becoming a special education teacher that she spent her free periods volunteering with students with severe disabilities at the school co-located in our building.

These young people are Americans. True, they may not have been born here, but they have grown up here and seek to build their futures here. They are integral members of our communities.

By not passing the DREAM Act, it feels like lawmakers have decided that some of the young people that graduate from my school do not deserve the opportunity to achieve their dreams. I applaud the governor’s leadership, in partnership with the New York Assembly, to support Dreamers like Sofia and Isabella and I urge Senate Republicans to reconsider their opposition to the bill.

Today, Sofia and Isabella have been forced to find low-wage jobs, and our community and our state are the poorer for it.

Ilona Nanay is a 10th grade global history teacher and wellness coordinator at Mott Hall V in the Bronx. She is also a member of Educators for Excellence – New York.