a re-evaluation

After rancorous debate, lawmakers pass big changes to evaluations

PHOTO: Geoff Decker

Gov. Andrew Cuomo is getting much of what he wanted on teacher evaluations, a signature piece of a controversial education agenda that has dominated lawmakers’ attention since he first floated the proposal two months ago.

Both houses of the state legislature on Tuesday night passed an education portion of the state’s $142 billion budget that contained several parts of Cuomo’s agenda. The votes followed hours of raucous debate in the Assembly and Senate, whose own budget proposals earlier this week included none of the education changes that Cuomo had sought.

“It’s a shame what we’re doing here today. We have a terrible bill before us in many, many aspects,” said Bronx Assemblyman Michael Benedetto, one of several Democrats who berated Cuomo’s education proposals but ultimately voted to passed the budget, citing a large increase in education funding.

Cuomo has railed against the current teacher evaluation system for months, saying the oversized share of teachers with high ratings illustrated the system was too easy to game and in need of an overhaul. As other districts nationwide moved to reduce the role of state tests in evaluations amid concerns about their reliability, Cuomo this winter pushed for a system he saw as more objective, with tests playing a bigger role and outside observers acting as checks on principals.

Others disagreed with his prescriptions. Teachers spent months lobbying against the plan, and sagging poll numbers dogged Cuomo as negotiations continued and other education proposals fell away or were diluted.

But the new evaluation system included in the state budget deal reflects Cuomo’s vision. It weakens the role of districts and their teachers unions in devising evaluation plans and places more control with the state education department. Teachers will be graded in part by outside observers, and the scoring system could end up more heavily emphasizing the use of state tests.

Those aspects drew criticism from all sides as votes were tallied on Tuesday. The new evaluations are too test-focused, undermined principals, and represented government overreach, lawmakers said.

“Totally irresponsible and shameful,” said James Tedisco, a Republican Assemblyman, who voted against.

Education chair Catherine Nolan, a close ally of the teachers union and vocal critic of Cuomo’s proposals, defended the changes. She said the agreement represented a series of difficult trade-offs that scaled back what the governor had been seeking to do.

“I wouldn’t go so far as to say I love it, but it’s a good compromise,” Nolan said.

The budgets passed easily in the Assembly, 92-54 and in the Senate, 32-26.

“Sometimes you have to do difficult things to make new and difficult things happen,” said Chrystal People-Stokes, a Democratic Assemblywoman from Buffalo.

In a short statement released after the votes, Cuomo praised a budget that “reforms New York’s education bureaucracy.”

The new evaluations underpin a series of sweeping education policies that make up a nine-point legislative package known as the Education Transformation Act of 2015. Ratings will be used to award bonuses and tenure to teachers, as well as dismiss persistently low-ranking teachers.

For now, the legislation provides more of a framework than a plan. Several details will be hammered out in the coming months by the department and the Board of Regents. Districts will have until Nov. 15 to negotiate and implement the new plans or forfeit an increase in state aid — as happened in 2012, when New York City lost hundreds of millions of dollars.

Teachers will still earn one of four final ratings: ineffective, developing, effective, and highly effective. The new framework does away with the exact percentages — 20 percent for state tests, 20 percent on local or state tests, and 60 percent for observations — assigned in the teacher evaluation law first passed in 2010, though.

The state education commissioner (for now, a vacant position) and Regents Chancellor Merryl Tisch have been tasked with settling the details of the new scoring system — though they require approval from the full 17-member board.

Perhaps most significantly, they will have to set the “cut scores” to determine what qualifies as effective or not on observations. Other than that, the law that the legislature signed off on Tuesday night leaves education officials with relatively few options.

The default evaluation plan will be based on just two measures: state test scores and observations. It no longer requires a local testing measure, something Cuomo has blamed for a rise in standardized testing. A second testing measure, which require’s state approval, will be allowed if districts come to an agreement with their local teachers unions.

The law does not provide answers to an underlying issue for a majority of teachers, including art, physical education, and music teachers, for whom there are no standardized assessments.

Part of a teacher’s score will come from at least one observation by their principal, and one observation from an “independent” evaluator will now also be required. The independent observer must come from a different school, and districts will be able to negotiate to include observations from a highly rated teacher from the same school.

Observations and test scores will be combined into final ratings using this matrix, which is codified in law.

In other districts, such a matrix has been praised as a less prescriptive, but also less precise, scoring system for teacher evaluations than the the “numerical” system used in places like New York, Washington, D.C., and Chicago.

“The things you are providing judgment on are not extraordinarily precise themselves,” said Garth Harries, superintendent of schools in New Haven, Connecticut, which uses a matrix-style evaluation system. “Being less precise allows us to be nuanced to those kinds of issues.”

Final ratings under a new default evaluation system will be determined by matching ratings from testing and observation subcomponents according to the matrix above.
Final ratings under a new default evaluation system will be determined by matching ratings from testing and observation subcomponents according to the matrix above.

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Future of Teaching

Undocumented students face hurdles getting into college. Here’s how Indiana teachers have helped them succeed

PHOTO: Shaina Cavazos
Cinthia, Jessika Osborne, Angela Adams, and Karina Garduño were panelists featured in a discussion moderated by Mike Elsen-Rooney, a reporter with the Teacher Project. The event focused on undocumented students' access to college.

Navigating the college admissions process can be a challenge for any student, but in Indiana, undocumented students can face extra hurdles in pursuing higher learning. That’s because Indiana is one of just six states that prohibits undocumented students from receiving in-state tuition rates at public universities.

Helping Indiana teachers identify pathways to college — and through college — for their undocumented students was a focus of a panel discussion Wednesday, put on by WFYI Public Media and the Teacher Project, an education reporting fellowship at Columbia Journalism School. Educators in the state say that in recent years, they have noticed an increase in undocumented students in their classroom, and many of these students assume that higher education is out of reach for them.

Under federal law, all students must be allowed to attend public K-12 schools, regardless of immigration status. But access to public colleges in Indiana is inextricably tied to immigration status. While it’s possible for undocumented students to be accepted at and to enroll in colleges, entrance exams and figuring out how to cover the tuition, can be tricky, especially because undocumented students can’t receive federal student aid. They also worry that the application process puts themselves and their families at greater risk of deportation.

Wednesday’s event was held at the WFYI offices in Indianapolis and brought out dozens of educators, students, and community members. The gathering was part of an ongoing series about the intersection of education and immigration.

The panel featured Cinthia, an undocumented student who graduated from Emmerich Manual High School in 2015. Cinthia did not provide her last name because of her immigration status. She spoke passionately about how instrumental her English-as-a-new-language teacher, Jessika Osborne, was in eventually getting her to college and ensuring she felt safe once there.

“She’s always been in my life,” Cinthia said. “I felt like Osborne would protect me no matter what.”

Cinthia, Osborne, and two other panelists answered questions and participated in a moderated discussion about advice for other educators struggling with how best to help their students who are undocumented pursue higher education.

Read more: Should undocumented students be afraid? These are their rights.

Work to build trust.

Karina Garduño, IUPUI’s assistant director of multicultural planning and another panelist, said one of the biggest hurdles for teachers is determining which of their students might be undocumented, and therefore might need extra help with the college admissions process.

Garduño said the first step is establishing a good rapport. When students trust you and feel comfortable, they are more likely to disclose their immigration status and open up about whether or not they need assistance with the college process.

“A lot of these students will not share this information with just anybody,” Garduño said.

Making the time to do this outreach is no easy feat for many educators in the state. Garduño said she’s known guidance counselors who are responsible for hundreds of students. Such ratios aren’t uncommon in Indiana or across the country.

“As much as you are well-intentioned and really want to help, your human capacity is not necessarily always there because you have so many students to serve and they each have so many individual needs,” she said.

Osborne said she, too, has felt overwhelmed juggling her classroom responsibilities with the intense needs of her students, especially amid changing policies around immigration and undocumented populations. Still, she’s seen how consistent effort to build trust with students can pay off.

“There wasn’t a time where I remember Cinthia saying, ‘I’m undocumented,’” Osborne said. Rather, there were just hints over time that Cinthia needed help applying for college and getting paperwork that proved she was in school.

To help students like Cinthia, Osborne said she sometimes gives up her lunch hour and planning time. She also makes herself available after school and before sports practices begin.

Don’t panic.

Angela Adams, also a panelist and an Indianapolis-based immigration attorney, said she gets a lot of questions about whether teachers need to report students who disclose they are undocumented, or whether helping them is “aiding and abetting” some kind of crime.

“First of all, don’t panic,” Adams said. “You’re not doing anything wrong by not reporting this person or by having this person in your classroom.”

Adams said FERPA, the federal Family Educational Rights and Privacy Act that protects certain information about students, applies here.

“You can’t disclose to third-parties even if you wanted to — you’d probably be losing your job,” Adams said.

Know your limits.

Adams and Garduño encouraged teachers to be supportive, but not to go beyond their roles as educators. For example, they can reassure their students that they won’t tell anyone about their plight without their permission. But they shouldn’t be giving out legal advice. Rather, they can recommend speaking with an immigration attorney.

“Be careful,” Adams said. “Because you don’t know what you don’t know … you could end up getting someone in a worse situation even if you’re trying to do the right thing.”

And in the meantime, panelists advocated that teachers familiarize themselves with available resources, such as the American Immigration Lawyers Association, Indiana Undocumented Youth Alliance, La Plaza, and the Indiana Latino Institute.

In the classroom, Osborne suggested teachers identify when it might be wise to avoid working in large groups on college-related assignments. At Manual, she said, students have been taken in groups to a computer lab to fill out college financial aid forms. But undocumented students might not feel comfortable in that setting — and some just didn’t show up, she said.

Osborne said her department has also held smaller parent nights for information about immigration, the college application process, and the federal Deferred Action for Childhood Arrivals program, or DACA.

Most of all, Cinthia said, she appreciated that Osborne and other teachers never made her feel like her dream to complete her education and become a nurse was out of reach — even if she faced more challenges along the way.

“Don’t make them feel like they’re not going to finish,” Cinthia said. “Just help them and support them through the whole way.”

election 2019

College student, former candidate jumps into Denver school board race – early

PHOTO: Andy Cross/The Denver Post
Tay Anderson speaks to students at Denver's South High School in May 2017.

A Denver college student who as a teenager last year unsuccessfully ran for a seat on the district’s school board announced Wednesday that he plans to try again in 2019.

Tay Anderson, 20, said he will run next November for the board seat currently occupied by Happy Haynes. Haynes, a longtime Denver politician who is executive director of the city’s parks and recreation department, does not represent a particular region of the school district. Rather, she is one of two at-large members on the board. Haynes was first elected to the school board in 2011 and is barred by term limits from running again.

Haynes supports the direction of Denver Public Schools and some of its more aggressive improvement strategies, such as closing low-performing schools. Anderson does not.

He is the first candidate to declare he’s running for the Denver school board in 2019. Haynes’ seat is one of three seats that will be open in 2019. There is no school board election this year.

In 2017, Anderson ran in a heated three-way race for a different board seat representing northeast Denver. Former teacher Jennifer Bacon won that seat with 42 percent of the vote.

Anderson, a vocal critic of the district, campaigned on platform of change. He called for the district to improve what he described as weak community engagement efforts and to stop approving new charter schools, which are publicly funded but independently run.

Bacon also questioned some of the district’s policies. The Denver teachers union endorsed her over Anderson, who raised the least amount of money of the three candidates. Bacon was one of two new board members elected in 2017 who represent a more critical perspective. The 2019 election is likely to involve many of the same debates over education reform.

Anderson is a graduate of Denver’s Manual High School. He is now a student at Metropolitan State University, where he is studying education. He said he also works at Hinkley High School in neighboring Aurora, helping with the school’s restorative justice program, a method of student discipline that focuses on repairing harm rather than doling out punishment.

Anderson posted his campaign announcement on Facebook. It says, in part:

After a lot of thought, prayer, and seeking guidance from mentors, I decided this is the path I need to pursue to fulfill my commitment to the students, teachers, and community of Denver. I learned many valuable lessons during my campaign in 2017 and I know that I need to prepare and ensure that I have the adequate time to be in every part of Denver to connect with as many voters as possible, which is why I am getting to work now!

My dedication to Denver Public Schools has always been deeply personal and this campaign is reflective of that. As I gear up for another campaign, I am once again driven and motivated by my grandmother, who was an educator for over 35 years. Her tenacity to never give up is what drives my passion for the students in Denver Public Schools. I am determined to follow in her footsteps. I have organized students around school safety and more importantly impacted students’ lives in Denver Public Schools and Aurora Public Schools. These students have a voice and I am prepared to fight for their agency in their education.