Louisiana Teacher Tenure Law Ruled Unconstitutional...Again

By Joey Lehrman | Email the Author | Follow on Twitter

In a ruling confirming an earlier decision, Judge R. Michael Caldwell of the 19th Judicial District Court in Baton Rouge once again struck down the law known as "Act 1", stating that it violated Louisiana "single object" clause, a part of state's constitution that bars legislating on several issues through one law. The decision is seen as a victory for the state's teachers unions and as another defeat for Governor Jindal and his attempt to overhaul many parts of Louisiana's education system.

Act 1, which was passed by the Legislature during the 2012 Regular Session, deals with many aspects of the education system, including:

• school control
• teacher tenure
• pay for performance and evaluation
• superintendent and school board duties
• layoffs
• contracts
• teacher salaries
• teacher hiring/firing
• teacher tenure

This is the second time that Judge Caldwell has struck down the law. The first ruling came in March 2013, and the State Supreme Court asked Judge Caldwell to review his ruling at the same time that the Court struck down the funding mechanism for Governor Jindal's controversial expansion of the school vouchers program (also known as Act 2).

Click here to follow Lauren McGaughy's coverage of the ruling on NOLA.com | The Times Picayune 

Today, Judge Caldwell clarified his March ruling and stuck with the original decision:  "I am still of the opinion that the Act violates the 'single object' requirement and is thus unconstitutional in its entirety."

Governor Jindal's office quickly responded to the ruling and defeat with the following statement:

'We believe (the law) is Constitutional and we are going to appeal to the Supreme Court,' said Jindal. 'These reforms are constitutional and will help improve Louisiana schools for children and families across the state. The law rewards effective teachers for their hard work and ensures that we have a great teacher in the classroom so that our children have the opportunity succeed.'

In an extension of his explanation, Judge Caldwell claimed that there wasn't enough of a unifying theme between the various parts of the law, and it thus violates the Single Object rule:

The new case law, Caldwell said, ensures the single object rule doesn't restrict the breadth of a bill 'as long as the parts of the bill are naturally related.' While he agreed the many parts of Act 1 did have 'some meager semblances of a uniting theme' -- which he identified as issues relating to "teacher effectiveness" -- Caldwell said he could not find that theme apparent in all of its parts or its title.

While this seems to be a victory for the Louisiana Federation of Teachers, which has been opposed to much of the governor's educational legislation, LFT President Steve Monaghan remained humble in his public statements on Wednesday, suggesting that LFT and teachers throughout the state are eager to work with lawmakers to revamp the legislation into something that is both legal and work for schools, teachers, and students around the state.

Stay tuned to www.joeylehrman.net and www.nola.com for further developments relating to the Act 1 ruling, including a press conference scheduled for this afternoon by State Superintendent of Education, John White. 

The 19th Judicial District Court in Baton Rouge

Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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Linking Student Performance to Teacher Reviews

By Joey Lehrman | Email the Author | Follow on Twitter

Gov. Bobby Jindal's attempt to reform and transform Louisiana's public schools encountered an obstacle this week when his proposal to connect student performance to how teachers are evaluated was sidelined for two years. The provision, which was initially approved by the legislature in 2010, will be revisited during the 2015-16 school year, after Jindal leaves office at the conclusion of his second term as governor.

The apparent driving force behind the delay in implementation is the adoption of the Common Core State Standards, which will take place during the 2014-15 school year. Many educators are anticipating a rough transition as teachers and students learn about and implement the more rigorous standards. The moratorium on linking teacher reviews to student performance seems to be reflective of a popular sentiment that schools will need time to adjust to the new Common Core standards.

Asked for comment, the governor issued a prepared statement that said the moratorium will give the state time amid rising academic expectations to gather data and make future reviews linked to student achievement work. 'It is also fair to teachers who are being evaluated during the transition,' the statement says... State Superintendent of Education John White, the author of the plan and Jindal’s chief public schools lieutenant, said the moratorium is needed to give teachers and students time to adjust to Common Core standards in math, reading and writing.

Source: The Advocate's "Jindal teacher reviews frozen"

The now delayed provision has been one of the most controversial among the reforms pushed by the governor. Education has been one of the focal points of the Jindal Administration, citing Louisiana "long-suffering student achievement in public schools" as on one of the most important issues for the future of Louisiana. 

Under the proposed review system, half of a teacher's evaluation would be based on the growth in their student achievement. The remaining half would be based on the traditional system of classroom observations by principals and others. This new rating system has already been implemented by some schools throughout the state, with approximately 1 in 3 Louisiana educators receiving the top rating. What's most intriguing is that 4% of the teachers were rated as 'ineffective,' which means they could be put on a path towards dismissal if they continue to receive similar ratings in subsequent years.

Critics of linking teacher evaluations to the growth of student achievement have praised the pause and said teachers should not be linked to yearly gains on student test scores.
'It was not ready for prime time,' said Steve Monaghan, president of the Louisiana Federation of Teachers, which opposes the Jindal-backed job reviews.

While most of Jindal's education reforms remain in effect, the teacher evaluation system remains both controversial and potentially the most important feature of the new systems. As a former teacher with decades of experience in the public school system, I witnessed far too many instructors that weren't striving to be the best teacher they could be on a day-to-day basis. Apathy and complacency are far too common in classrooms around the state.

Gov. Bobby Jindal has made education reforms the cornerstone of his tenure as governor of Louisiana.

So although linking teacher evaluations to student performance has its limitations (due to the limitations of standardized tests, for example), I think it is necessary to dialogue about what makes a good teacher, and then implement the systems necessary to hold our teachers accountable.

What do you think?
Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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