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City’s new tenure plan uses test scores, but for few teachers

Department of Education officials debuted a new tenure process today will affect only one in ten teachers up for tenure this year, but for the city’s teachers union, that’s one too many.

Answering Mayor Bloomberg’s demand that test scores be used in tenure decisions this year, the department has broadened the criteria that principals use in evaluating teachers to include teacher data reports. These reports rank teachers based on their students’ scores on the state’s math and English exams and compare them to others teaching similar students over several years. Department officials say the reports will only be used to alert principals to teachers who are at the top and bottom of the rankings.

When Chancellor Joel Klein first introduced the data reports in 2008, he made an agreement with former United Federation of Teachers president Randi Weingarten that the reports would not affect tenure evaluations or teacher pay. Today Klein doubled back on that agreement, sending a letter to principals that said including the data reports would make tenure more “meaningful.”

“Our goal is to align tenure decisions more effectively with the results you are achieving every day,” he said. “But let me be clear: we are not proposing to base tenure decisions on student test scores alone — that would be insufficient,” he wrote.

For the vast majority of the approximately 7,000 teachers who are eligible for tenure this year, the process will remain virtually unchanged.

That’s because most of them teach grades and subjects, such as high school physics, that aren’t covered by the state tests, meaning there’s no way for the city to produce teacher data reports for them. Of those eligible for tenure this year, only 700 will receive data reports that cover the same subject over two years of teaching — a precondition for the reports to be used in tenure decisions.

The way the new system will work, officials said, is that a software program will list all the teachers in a given school who are up for tenure this year. Those teachers who fall into the bottom or top 25 percent of the rankings will be red-flagged, alerting principals that the DOE recommends giving them tenure or cutting them loose. In total, about 160 teachers will fall into that bottom percentile.

Teachers who have previous unsatisfactory ratings or who are on extended probation will also be red-flagged.

Principals are free to ignore the recommendations, said a DOE official. A teacher who places high in the rankings can still be denied tenure if the principal provides rationale, and a teacher with low scores can receive tenure.

The city’s teachers union claims the DOE is violating a state law that bars test scores from being used to evaluate teachers, but the department says a loophole in the law makes this year’s tenure cases exempt.

“It is clearly bad educational policy to evaluate teachers through the use of state test scores that the state itself has deemed unreliable,” said United Federation of Teachers president Michael Mulgrew in a statement today. “Doing so for teachers covered by the statute is illegal.”

Beyond the legal concerns, there is widespread debate about whether the data reports are precise enough to be useful.

“The stability of these things is not so good,” said Sean Corcoran, a professor at the Institute for Education and Social Policy at New York University.

“The ones I’ve looked at cover three years and have a lot of uncertainty. It’s definitely the case that as you add more years of observations, these things become more stable and you can be a little more confident about whether a teacher is high or low achieving. But even with the 3 year estimates, there’s a lot of uncertainty.”

According to Corcoran, the data reports do a decent job of serving as warning signs that a teacher isn’t performing well, but by the time the report comes out, most principals already know the teacher is struggling.

The city plans to release teacher data reports from the 2008-2009 school year the week after teachers return from winter break. Following criticism that teachers and principals found the reports too difficult to understand, the reports are being redesigned.

Below is a sample teacher data report:

  • Pogue

    I suggest the DOE make high school attendance and discipline issues more “meaningful” and provide a system of support that helps teachers help ALL students, including at-risk students with the aforementioned problems.  Right now, all the DOE encourages is test prep and credit recovery.

  • HM

    I agree. Student, parental and doe accountability is in dire need. How do you teach students who do not come to school???? Any suggestions DoE!!! Accountability across the BOARD!

  • Jeff S

    What nonsense this is; especially on the high school level. Some schools are still on semi-annual organizations…..so a teacher say of the new Algebra program whose kids are taking a Regents exam in June may not have kids who he or she taught in the first semester. And many students who take Regents exams in January are either students who have failed at least once or are in a three term Algebra course. Weak to begin with.

    Once again we have an example of an incompetent, arrogant, uncertified lawyer masquerading as an educator acting as if he has the slightest clue about education. Of course with very few strong Principals left in the high schools (the strong ones have long since retired), do you think they will want to go against one of these red flagged teachers? Let’s see how quickly the UFT will act to get this obviously absurd and probably illegal action on the part of a person who doesn’t know the first thing about education tossed.

  • http://edintheapple peter

    Article Twenty—Matters Not Covered

    With respect to matters not covered by this Agreement which are proper subjects for collective bargaining, the Board agrees that it will make no changes without appropriate prior consultation and negotiation with the Union.

    The Board will continue its present policy with respect to sick leave, sabbatical leaves, vacations and holidays except insofar as change is commanded by law.

    All existing determinations, authorizations, by-laws, regulations, rules, rulings, resolutions, certifications, orders, directives, and other actions, made, issued or entered into by the Board of Education governing or affecting salary and working conditions of the employees in the bargaining unit shall continue in force during the term of this Agreement, except insofar as change is commanded by law.

    Whoever gets to cross examine Joel at the arbitration or in court is going to really, really enjoy it … can we video it!!!

  • http://www.classsizematters.org leonie haimson

    Among all the other absurdities is that while they include class size as a determinative factor (which is good) most of the class size data in HS is completely unreliable. Thus if you are being judged in terms of your effectiveness in relation to your class size as a HS teacher you are being judged wrong.

  • Chris

    What about the teacher who gets new students added to their register a month before the test? What about the teacher who has drawn the ire of the principal and suddenly finds his/her classroom full of the “trouble” students? This is just one more attempt by Klein and Bloomberg to try and circumvent the law and screw teachers. These guys are pathetic. Every person who voted for them should be ashamed of themselves.

  • ESL Teacher

    @ Chris…So long as whomever is responsible for assigning students to teachers in ATS for the Teacher Data Reports (yes, it is a separate process, and not simply based on class rosters) does it correctly, a student coming a month before the test will not be assigned to you (or any teacher for that matter) As the Data Specialist who completed the TDIV (Teacher Data Initiative Verification) process for our school this past spring, it’s not easy, but it’s do-able. Any student who was not continuously enrolled/instructed by a single teacher from (I believe BEDS day-if I remember correctly) through the end of the testing window, should not have been assigned to a classroom teacher for these reports. The same goes for students who were Suspended to another school, left your school and came back to the same class, etc. I can’t speak for whomever completed the verification at your school, but this is the way things were explained in the TDIV Memo. (Unfortunately the DOE site is down for the weekend, so I could not link to the actual memo, but I would recommend contacting the Data Specialist at your school if you have any questions/concerns.)

  • Invictus

    This is a disturbing trend. If used judiciously, it “might” be a tool to access some sort of effectiveness of a new to be tenured teacher, nevertheless, the system is not made up of necessarily ethical/judicious administrators and evaluators.

    Some old timers who have seen this sort of thing and who are nearly untouchable claim that administrators cannot manipulate the type of students a teacher gets, but what these people do not realize is that if you happen not to be in the “graces” of the administration, principal, it is very easy for them to dismantle programs and classes and instead of dividing the loads of classes equally, it is often too common to be assigned classes with troublesome individuals/students who not only are disrespectful to their peers but who have challenged security guards and even the principal. If this happens to be a class that ends in a Regents, then you can see the writing on the wall.

    To make matters worse, teachers who are not in the graces of the administration, are short changed by their colleagues who if possible cry wolf and have their worst students removed from their rosters and they magically land in the classes that the black marked teachers have. This is irrespective of levels and whether they have taken the course previously or have the pre requisite levels.

    ESL Teacher, The BEDS means nothing. It is often very common to have everything in flux after the deadline of what I believe is October 30th. The system is not accurate to the date and the forms that show the enrollment for students and teachers are changing continuously and even dismantled after the BEDS submission date.

    Have you seen the BEDS report asked to be updated every 30 days? It does not happen.
    The managerial system is antiquated and does not update but after 1 year. So, do not trust it to reflect your efforts.

    I really hope that if this outright of State Law takes place and many highly qualified teachers are denied tenure, that there is a class action law suit against the negligent DoE that will force them to take all these teachers back and pay them their retroactive salaries. This blatant violation of NYS Labor laws and fairness in employment clauses cannot be dismantled at the whim of one questionable set of Education Deformers.

  • Pingback: Dropout Nation: Coverage of the Reform of American Public Education Edited by RiShawn Biddle » Blog Archive » Read: Teacher Performance Edition

  • ESL Teacher

    @ Invictus: Yes, I understand the BEDS means virtually nothing and enrollment is in a constant flux after this date. It is simply an arbitrary date/moment in time from which to base funding/accountability decisions.

    Ultimately, for our school (and many others) use of this date led to very few students actually being linked to a teacher for the Teacher Data Reports, because they came into our school after Oct. 30th or switched classes within our school, were suspended, etc.

    Many teachers are fearful that students who come in right before the tests, or were on a long term suspension or treatment program would affect their reports. I was simply trying to explain that these students are not included in a teacher’s data report (again, with the caveat that data is only as good as what is put into the system. If the verification process was not completed properly at the school in the spring by the data specialist or whomever was responsible, the reports will be inaccurate as well).

  • ESL Teacher

    But let me be clear, I agree that these reports SHOULD NOT be used for tenure decisions as their are simply too many variables and inconsistencies involved.

  • http://edintheapple peter

    ESL, et. al.,

    I think we would all agree that Teacher Data Reports should NOT become the only evaluative tool, and, I doubt that we will find a single case of it’s use alone.

    Remember the Report compares teachers with other teachers who teach similar groups of kids and measures student progress. You can have a class of “1″s and “2″s and move the kids and end up in a high cohort, or, “3″s and “4″s and not move the kids and be at the bottom of the curve.

    There are a number of important questions:

    1) How do principals evaluations of teachers track w/ the Reports? And, if not, why?

    2) To what extent should student achievement be a part of teacher assessment?

    3) As a teacher, do u use interim assessments to modify/impact instruction? R u a good “predictor” is student test performance?

    4) Is the argument, “I’m a good teacher, the kids simply don’t pay attention, the parents are uninvolved, etc., it’s not my fault,” a valid response?

    5) Should colleagues play any role in teacher assessment, peer review?

  • Pingback: City’s new tenure plan uses test scores, but for few teachers « Race to the Top

  • Julie

    As one of the 700 hundred teachers who will have the data reports make or break the tenure decision, I am at a loss as to what steps I should take. If they are “red-flagging” the bottom 25% of teachers in a given school, and there are only two other teachers in my school who are up for tenure and received a data report, what does that say for my chances? I fear this will come down to favoritism and politics before it has anything to do with real effectiveness.

  • http://edintheapple peter

    Julie:

    If you have been receiving satisfactory observation reports and satisfactory ratings on your probationary reports for the last two years it is highly unlikely that your principal will say, “she’s a good teacher in every observation, but …” to do so would put the principals’ ability to evaluate into question.

    I suspect that if a teacher’s TDI report places them in a lower percentile the principal may ask them to extend their probation.

    If anything untoward happens call the union!!!

  • I noticed that…

    Peter,

    Your advice to Julie is a very sound one; however, two satisfactory ratings does not guarantee a third satisfactory rating and eventually tenure.

    It happened to a teacher who did beautifully the first two years, but the third year was given the roughest, most challenging students with the lowest level 1 scores. He struggled with them; he implemented all the recommendations from administration. Everyday he called parents and he would seek the advice of the veteran teachers. But, they were definitely a rough group of students who would make the chancellor cry! Sad to say, he received a u-rating at the end of the school year and was terminated. He went through the appeal process with the UFT, but did not win.

    I argued with the principal that the teacher should have been given the less challenging students so that he can continue to work on his teaching, methodology, classroom management, and the implementation of strategies that work.

    I’ve been in the system over 20 years and I’ve contended with all levels of students. As an educator, I know that I will not have year in and year out every student passing my class. There have been years where I’ve had the best successes where a large percentage of my students have passed my class and the regents. Then there are those years where I wondered what happened where many students failed and I have to reflect on the outcome and change strategies. But, does that make me incompetent? I don’t think so. I likened students to economy; they have peaks and lows in their scores and learning abilities. So each year I need to adjust my lessons, teaching style and approaches so that I can reach every student. Does this work every year? It depends on the students’ prior knowledge and other factors that they bring to the classroom (attendance issue, family problems, in shelter or not, a newcomer, a student with an interrupted formal education, foster home, etc.). Should I be evaluated based on my students’ scores? The answer is obvious.

    Therefore, our goal as veteran teachers should be to take on those challenging students for the sake of the untenured teachers so they can work on their teaching abilities and all the various challenges that come with teaching. After they’ve been granted tenure, they can take on those students who will eventually put them through the teaching challenges each and every day.

    Granting tenure based on students’ scores is unfair, unreliable, unpredictable, incriminating, and a career killer.

  • Michael Fiorillo

    I Noticed That,

    “Granting tenure based on students’ test scores is unfair, unreliable, unpredictable, incriminating, and a career killer.”

    Yes, and that’s precisely the point.

  • I noticed that…

    MF,

    We must keep hammering this point everyday! We must make put the writing on the wall for all to see! I glean so much information from your comments. They shed light to issues that members either don’t understand or are afraid to contend with.

    Thank you for your comments.

  • Michael Fiorillo

    I Noticed That,

    Thanks.

    I sometimes feel like a broken record, but I just can’t help myself!

  • John Hancock

    What’s a record?

  • Michael Fiorillo

    John Hancock,

    Record (n/archaic): a term by which a clearly anachronistic person dates themselves when communicating in public.

    Alternative Definition: a flat, vinyl disk used in antiquity to present musical content. According to legend, the providers of musical data on these “records” were actually paid for their content.

  • Julie

    Thanks for all of your comments. I’ve been in contact with my union rep, who assures me that all will be fine, but I’m still concerned. I work in a high-needs school in Brooklyn. This year I have middle school students who perform at first grade level. I have a large number of ELL students, and what appear to be many undiagnosed learning disabilities. I’m sure most of my students will do fine on the test, but my poor students who can barely read really don’t stand a chance.

    I’m doing all I can for these kids, I come to school early, I leave late (sometimes after seven PM), and I know that despite all of my best efforts I have no control over this situation. It’s frustrating to be helpless at defending the most important thing in my life.

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