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end of the road

After legal battle, city to release teachers’ “value-added” scores

The city will release years-old ratings for more than 12,000 teachers after the state’s top court declined to consider the UFT’s plea to keep the ratings private.

In August, the state’s second-highest court ruled that the scores are a matter of public interest and should be released, confirming a lower-court judge’s ruling. The union immediately asked the highest court, the Court of Appeals, to hear the case and was rejected for the first time in November. Today’s second rejection means the union is out of options and the city will release the ratings alongside the names of the teachers who received them.

The protracted legal battle began when several city news organizations filed a Freedom of Information Law request to release the city’s Teacher Data Reports, which calculated “value-added” scores for some teachers. The union charged that the scores should stay under wraps because they were rife with errors and statistically unreliable — a charge that an independent analysis supported. But the courts ruled that the ratings are a matter of public interest.

A spokesman for the Department of Education, Matthew Mittenthal, said the FOIL requests would be fulfilled within weeks — but he indicated that the department was not completely happy about it. Ex-Chancellor Joel Klein, who created the reports in 2008, supported their release. But Chancellor Dennis Walcott had expressed concern about seeing teachers’ names and ratings in print.

“After considering litigation about Freedom of Information requests from more than a dozen media outlets, the courts have affirmed that we are obligated to release Teacher Data Reports under the law,” Mittenthal said in a statement. “These reports, which include data from almost two years ago, are just one indicator of teacher effectiveness and do not tell the whole story — but the data is useful to principals in their management and support of teachers, especially those at the top and bottom.”

The department stopped producing the Teacher Data Reports last summer, saying that new evaluations required under a 2010 state law would make them unnecessary. The law requires at least 20 percent of a teacher’s evaluation to be based on the same kind of “value-added” analysis of improvement in student test scores.

The courts’ decision — which upholds the principle that data collected by the state is subject to public scrutiny — would imply that ratings under the forthcoming system would also be subject to FOIL requests.

UFT President Michael Mulgrew quickly condemned the ratings’ release today.

“The Teacher Data Reports are based on bad data and an unproven methodology with a huge margin of error. They are not an accurate reflection of the work of any teacher,” he said in a statement. “Their release would be particularly inappropriate in view of the fact that the Department of Education has already announced that they will be discontinued and replaced with a statewide program.”

GothamSchools was not among the news organizations suing to obtain the ratings and does not plan to publish individual teachers’ ratings when they are released.

  • nuff said

    This would be a good time for Chancellor Walcott to at least release them with a grain of salt saying the data set is no longer being accumulated and may have errors

  • Clay

    Will GS be penning a piece regarding why these scores are faulty?

  • donn

     Maybe we can also release the teacher’s addresses and phone numbers? 

  • I noticed that…

    To GS, thank you that you will not release the TDR of many of my colleagues.  As for the DoE, it’s WAR!  All teachers should thrown down the gauntlet and Occupy the DoE if they use the faulty data that’s on the TDR.  What will the TDR say about the kids and how will those faulty data affect the teaching profession.  If cheating is not rampant now, it will definitely be after the release of the TDR.  Sadly, teachers will beg to get the kids on level 3 and 4. 

  • http://twitter.com/leoniehaimson leonie haimson

    When the state produces its teacher eval system, will the results for teachers statewide be available thru FOIL? 

    And thank you to GS, for standing firm and rejecting this madness.

  • http://twitter.com/leoniehaimson leonie haimson

    another question: are the individual TDR’s based on one yr’s or 3 yr’s data?  If the former, they are even more unreliable than the study that you link to by Sean Corcoran, showing large uncertainties.

  • http://nyceducator.com/ NYC Educator

    Thanks to Gotham Schools for not participating in the publication of individual teacher ratings.

  • Flerplunk

    Presumably yes, if the results of the state’s system can be fairly characterized as statistical in nature.  On the other hand, the NYSED could deny the FOIL request in the first instance and force the newspapers to file an Article 78 proceeding.  I wouldn’t bet on that happening.   

  • michael

    After this, who would ever want to teach in New York City. You think it was hard to attract qualified teachers a few years ago, just wait for the shortage of teachers down the road.

  • ASTRAKA

    I never thought I would say this to GS.

    Thank you for exercising some Journalistic Integrity in not publishing the DOE propaganda.

  • Guest

    If one can prove that the data in these reports is factually inaccurate and at times outright wrong, would the individual teacher be able to sue for libel?

  • Flerplunk

    Not likely.  The accuracy of the report is basically a question of inputs and math.  It’s a percentile score based on student performance and a bunch of other data points.  So for the report to be “inaccurate,” it would be either because the inputs were wrong (e.g., used the wrong student scores or the wrong class size data, etc.) or the math that calculates the percentile score (i.e. the model) was wrong.  Just because the report may not actually tell you anything about teaching performance doesn’t make the report  inaccurate.  It just makes it useless.  

    Not to mention the issue of damages. 

  • nuff said

    I think that was the point of guests question–often the data is completey wrong–teachers listed as teaching classes they didn’t have, inclusion class charged to one not both, wrong subjects,etcetc,etc–how does that change the libel issue?

  • nuff said

    don’t give them any more ideas

  • Flerplunk

    You’d also have to prove that the incorrect information was published maliciously — i.e. with knowledge that it was false or with a “reckless disregard” for the truth that rises above mere negligence.  And damages would be a huge hurdle.  You’d have to show how the publishing of a TDR based on incorrect data harmed you specifically, in a concrete way.  

  • Kellnerelizabeth

    Bravo GS.  We’ll see what the Post and Daily News does with this.  At least I trust the Times to inject some balance by way o caveats, but not much, as they too are beholden to the power interests in so-called “ed reform”.  The tabloids will run amuck.

  • JEFF S

    Of course, it doesn’t seem to concern anybody that the lackey Mr. Klein made an agreeement with the UFT that these ratings would only be used internally to help see if such a system might be realistic and assist in the improvement of instruction and then when it came out that all his and his boss, Emperor Michael I, a man who just doesn’t believe term limit laws should apply to him depsite the fact the public twice voted vfor them, had been uysing phony statistics to try to show they had improved instruction in the city and had narrowed the achievement gap, suddenly they changed their mind and pushed to have the statisdtics released.  What kind of low lifes are these pople?  How can anybody trust anybody who gives his word and then goes back on it?  The data is worthless and should have been destroyed, of course.  It is full of mistakes and everybody knows it.  But then again, what else would anybody expect from low lifes such as Klein and Bloomberg, totally intent on destroying the public schools of the city as their legacy.  Just incredible that these lack of integrity has been swept under the table. 

  • Ask

    Does not plan and will not publish are two different things. I am skeptical of GS

  • Guest

    I’m wondering when we will get the equivalent job performance data for other public employees

    nyfd fitness test results
    complication rates for surgeons at public hospitals
    number of civilian complaints against nypd officers

  • Vote NO!

    NYC,  and  any  other  urban  districts  who  release  such  data,  will  rue  the  day  they  did.  They  will  never  be  able  to  attract  high  quality  teachers  if  they  are  going  to   subject them   to  an  unfair  evaluation  system,  the  APPR,  and  public  ridicule,  through  release  of  flawed  “data” reports.”   Really,  who  would  incur  the  cost  to  4  years  of  college  to  enter  an  incredibly  difficult,  and  hostile  work  environment,  only to  be  subject  to  public  humiliation?  God  help  the  children  of  NYC,  they’re  really  going  to  need  it  in  another  few  years.

  • Michael M. (parent still)

    Check out this Juan Gonzalez essay from the NYDN 10/22/10 for a truly under-covered angle on what 1-1/3 years and two chancellors later is the city’s pending… Valentine’s Day (ahem) still-premature release:

    “Such a hearing will undoubtedly reveal that the very consultants who
    designed Klein’s rating system warned it should not be used to judge
    teacher performance.

    Their support of the “value added model,”
    those consultants said in an Aug. 29, 2008, report, was “limited to the
    technical quality of the work” and to its potential to assist “in
    teaching and learning.”

    They specifically refused to endorse
    “any particular use [of the method] for accountability, promotion or
    tenure” of teachers.

    “Test scores,” they warned, “capture only
    one dimension of teacher effectiveness, and . . . are not intended as a
    summary measure of teacher performance.”

    The consultants’ report
    was supplied to the Daily News by Leonie Haimson, director of Class
    Size Matters, who obtained it under a Freedom of Information Request
    that Klein’s people took 15 months to answer.”

    http://www.nydailynews.com/new-york/education/schools-chancellor-joel-klein-release-data-12-000-teachers-article-1.189051

    My comment at the time:

    “Hmm…..
    and how long did it take DOE to respond to the (com)Post’s FOIL request
    to expose the data? Two months.

    15 months for the critics vs.
    two months for the shills. Got it.

    In short, an entire year went
    by in which Klein, leading a parade of others on the national stage,
    was fraudulently hyping “Polly want a value-added”, while knowing good
    and well that the methodology was not even endorsed by its AUTHORS for
    the purpose of the hype.

    And that’s on top of knowing that the
    NYS Assessment scale scores were inflating relative to national NAEP
    scores.

    All to build a case for Bloomberg to overturn term
    limits.

    Because our kids can’t live without them.

    Got
    ETHICS?”

    http://gothamschools.org/2010/10/22/rise-shine-citys-value-added-team-said-not-to-use-it-to-judge/

  • Michael M. (parent still)

    Dang it.  Another accidental like.  ;-)

    No.  It makes it not only inaccurate as well as useless — it makes it knowingly misleading.

    Another randomizer.  Just like the School Performance Reports, which the DOE itself sets aside when the whim strikes.

    You are confusing precision with accuracy.  It’s not the fault of “math” that DOE is relying on erratic inputs to slam teachers.

  • Follow the Money

    Hey, my report fluctuated 50 points in the course of one year. Hope they release both so people could see the discrepancy. Though wish they’d release none because of that little thing I have… what was it… dignity.

  • Flerplunk

    Call it even now? (BTW, you can “unlike” a post.)

  • Michael M. (parent still)

    Liked again.

  • http://www.facebook.com/profile.php?id=711858292 Paul Rubin

     When the economy turns around, the the solid waste will hit the fan. The younger teachers will abandon ship. The Teach for America, etc. crowd never had any intent to stay. And the veterans will nearly all be gone. We will see a teacher shortage the likes of which never existed across all subject areas.

  • http://www.facebook.com/profile.php?id=711858292 Paul Rubin

     Actually I’m not so sure it’s cut and dried. Individual teachers with incorrect data (knowingly incorrect since the UFT did try to bring this to the attention of the courts) will be subject to public ridicule based on false information published about them. If the UFT hadn’t brought up the errors, I’d say there’s no case. But as individuals bringing a class action suit for libel, defamation of character, etc., I’m not so sure there won’t be some attorneys willing to go for it on your behalf. The question is, how many teachers know the data is wrong. From what I’ve seen, accuracy in terms of actually matching correct students to their teachers is under 80%.

  • http://www.facebook.com/profile.php?id=711858292 Paul Rubin

     And it will be real easy to prove harm. Just wait for the parent complaints to file in when their children get the “incompetent” teachers. Excrement… meet fan.

  • http://www.facebook.com/profile.php?id=711858292 Paul Rubin

     Getting kids who are 3′s and 4′s isn’t the trick. In fact getting 4′s is harmful because  the scores are heavily biased against high scoring kids. Prior to this past year in middle school, you get more than a point off you lost your 4. Was MUCH easier to get 4′s below grade 6. Still is.The key with value added is to realize that since you never really know what an individual child is predicted to get until after the fact, there’s little you can do to do well other than a good job or cheat. And a good job is absolutely no guarantee as anyone who’s spent real time in the classroom can attest.

  • Guest

    And, I will finally get a pay raise!  

  • AceguyNYC

    There are lies… there are damn lies.. and there’s  statistics…

    Samuel Clemens

  • Guest

    Oh for Gods sake

  • Flerplunk

    Best of luck, Paul.  God knows there’s no shortage of firms willing to file class action complaints on any issue. 

  • Jay1

    I’ve also thought about this.  You almost never see any teachers over forty years of age anymore.  The thinking over the last ten years has been that “those old, crusty white and jewish teachers are out-of-touch with the needs of today’s ‘diverse,’ urban students.”

    The emphasis now is on bringing in 22 year old ‘on-fire’ teachers whose energy can keep pace with our largely non-white student body, who are assumed to be much more energetic and less able to sit and learn in the way we all did.

    So all the teacher-bashing and blame that has been going on has been part of a wider campaign to support wholesale firing of the teaching corp in favor of ‘newbies.’  The ‘evaluation’ craze is the nail in the coffin of our national brain-trust.  You see the problem is that we are getting rid of our most knowledgable and experience teachers in the expectation that ‘new’ teachers will be able to do a better job educating our future minority-majority.

    As the cheating scandals breaking out all over the country have shown, ‘superman’ cannot even do any better.  And inexperienced ‘newbies’ with almost NO CONTENT KNOWLEDGE (just social justice gobbeldy-gook) leave the profession so quickly now.  Can you imagine a nation voluntarily dismantling an experienced and needed profession in the way we are doing with our teacher profession?

  • Flerplunk

    Is there any evidence there have been “wholesale firing[s] of the teaching corp in favor of ‘newbies’”?  My understanding is that firings of tenured teachers are still exceedingly rare; that until the last few years, tenure was granted almost 100% of the time; and that most teachers up for tenure are not over forty.  

  • Concerned parent and teacher

    Releasing Teacher data reports to the public is demeaning and hurtful to teachers.  First, these reports are inaccurate for the following reasons:  1.  If a student is truant and decides to come to school on the day of the State test (ELA/Math) the school allows the student to take the test.  The student missed over a 100 days of school, did you think the student was going to pass the state exams, not in a long shot, however, the teacher is accountable for his/her results on those exams. 2. Two years ago, the state “raised the bar”, to demonstrate that teachers are in incompent and students aren’t learning.  Also, the state changed its exam date to April , after students and teachers return from spring break.  How can the state give these exams right after a break?  The reasoning behind this is:  the state wants the public schools to fail, get charter schools, and to get MONEY from the federal gov’t.  I urge all parents , teachers, and students to fight back and complain to the Mayor, chancellor and of course, Commissioner King. 

  • Zelluc

    One of my tdr’s contained only 6 of my kids and 7 unknown students out of a class of 30 ?  Go figure  Does this count???  

  • Guest

    Why aren’t teachers so vocal on the disgrace that is everyday math and bogus statewide standardized tests for the students. Maybe if you fought them as adamanatly we wouldn’t have such nonsense.

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