May 1, 2008
D.C. to NYC: Breaking Down Unions, Teachers, and Excess
D.C. Public Schools and New York City Public Schools have a lot in common – both are large, expensive, chronically low-performing systems that have recently come into seasons of serious reform under mayoral control. Both are also currently wrapped up in brewing controversies over excessed teachers, and it’s not pretty in either town.
Basically, an excessed teacher is a teacher within a district but without a job, and due to the upcoming closings of 23 schools, and the restructuring of 27 others, D.C.’s about to get a lot of them. Last week, D.C. Schools Chancellor Michelle Rhee finalized an agreement with Washington Teachers' Union president George Parker that would classify teachers from the 23 closing schools as “excessed,” which under the teachers’ contract means they can involuntarily be placed at any school in the system, but are guaranteed a job and are given preference in filling vacancies.
All things considered, it’s not a bad deal for the teachers, but some parents are saying that it’s unfair that teachers won’t automatically be transferred to the same new schools that their students will go, despite the impossible logistics of such a plan, and some union officials are upset that Parker went along with the agreement because it denies seniority to older teachers in filling vacancies. The ever-outraged WTU vice-president Nathan Saunders said to the Post that Parker, "has got to be stopped; he's giving away the store.”
Excessing teachers is a messy issue, because while they can’t be fired, there isn’t always a place to put them, as New York City is currently finding out. In 2005, the city implemented a “mutual consent” hiring provision into the teachers’ contract, which says that a school has the right to approve its staffing, and senior excessed teachers can’t simply override newer ones in filling vacancies. It was a welcome reform for obvious reasons – Education Sector's Andrew Rotherham called it bringing “a healthy level of talent sensitivity into hiring” – but it also created a group of teachers who can’t seem to get hired.
What’s more, a new report released this week by The New Teacher Project (which, incidentally, is Rhee’s old stomping ground) places the cost of this unhired group at about $40 million per year. To put that figure in perspective, it’s only slightly less than D.C.’s $44 million in projected savings from the school closings and central office housecleaning. The report also recommends a provision that would remove teachers from the system who have remained unemployed for twelve months – something the union definitely doesn’t want.
Why is this report important for D.C.? Well, we’re about to see our own pool of unhired teachers grow, and because of the similar politics and ideology at work in the D.C. and N.Y. systems, whatever Mayor Bloomberg and N.Y.C. Schools Chancellor Joel Klein decide will likely inform decisions that are made here. For all practical purposes, it doesn’t make sense for either D.C. or New York to keep paying salaries and benefits for teachers they don’t need (as the New York Times editorial board was quick to point out). But for teachers’ unions to stay in the game (and save face), they need to find a way to protect their teachers while not blocking progress. Pitting teachers against the administration isn’t the way to do that, as Parker knows and Saunders should figure out.




Rhee's plan for the excessed teachers - giving a one-year employment gaurentee but no automatic placement - seems reasonable. While these teachers shouldn't be blamed for declining enrollment projections in the schools where they taught, this seems like a way for DCPS to adjust the number of teachers to the number of (declining) students in the near future. I'm not sure though why the logistics of having teachers transfered to the same schools students are transfered to are deemed 'impossible.' It's not like the students are disappearing. Are the class sizes just going to double?
My initial thought (with no inside knowledge) about why it is "impossible" is that the students aren't all being sent to the same school. This isn't a matter of a school building going away for some temporary reason, so the entire class is just moved to one other school and held in parallel. I assume that the students will be distributed to the appropriate "nearest" school.
This is why Rhee was doing the buyout plan - get rid of older teachers with seniority, thereby creating teaching positions and fill them with the excessed teachers.
By the way, MoCo has the same thing, although they call it surplussed teachers. It seems like a pretty standard provision of the teacher union contracts.
OldPoster: To clarify - the buyouts were designed as an "out" for teachers at the schools designated for closure and restructuring, consequently reducing the number of potentially excessed teachers, not as a means of creating positions for those teachers to fill. The buyouts were only open to teachers at the 50 schools affected, and not just for teachers approaching retirement, which is one reason why the WTU was upset - they had expected a blanket decrease in the retirement age.
The issue is what to do with teachers who are already on the DCPS payroll, but who are either not needed or are not hired by principals to fill vacancies. Issues like staffing budgets and needs (which are based on projected enrollments) also come into play.
I usually come down "pro-teacher" (whatever that means) on these contractual issues, but I really don't understand the argument for keeping teachers on payroll if there are not actually jobs for them available in the system. Rhee is handling this particular matter entirely appropriately, and I'd say that Parker was lucky to get the assurances that he did get.
I can understand provisions in the labor contract that prevent employees from being screwed over (greivance procedures, processes in place to prevent age discrimination, etc.), but I can't understand why any employer should be forced to continue to indefinitely pay staff for whom there is no work. 'Excessed' teachers who are not assigned to full-time positions at new schools should be required to work as full-time subs or something similar if they want to stay in the system.
Wow, the job security for teachers is just crazy. Do people actually think they have a constitutional right to their job? Under these circumstances, I think Rhee is doing more than enough. I would actually have let them go with a nice benefit package, but I guess paying them to do nothing is another way to go.
"Rhee is handling this particular matter entirely appropriately, and I'd say that Parker was lucky to get the assurances that he did get."
I think that what Parker could have held out for, under the terms of the collective bargaining agreement, would be for jobs to be assigned based on seniority -- so the oldest teachers from the closed schools would be able to diplace younger teachers from the schools that are being kept open. However, that would have resulted in lots of teachers losing their jobs immediately. What he bargained for ensures that the teachers being pushed out get a one-year severance package (essentially) -- not a bad deal.
(On the comparison between NYC and DC public schools -- it's true that NYC has a lot of schools with serious problems, but it also has a few of the finest public schools in the nation. If only DC had a few schools that rose to the heights of the best schools in NYC).