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1. The Race to the Top Guidance issued by Secretary Duncan on Friday states that:
"to be eligible under this program, a State must not have any legal, statutory, or regulatory barriers to linking student achievement or student growth data to teachers for the purpose of teacher and principal evaluation."
2. New York law states that:
"The regents shall, prescribe rules for the manner in which the process for evaluation of a candidate for tenure is to be conducted. Such rules shall include a combination of the following minimum standards: a. evaluation of the extent to which the teacher successfully utilized analysis of available student performance data and other relevant information when providing instruction but the teacher shall not be granted or denied tenure based on student performance data."
3. According to AFT President Randi Weingarten, as reported yesterday by Gotham Schools:
“The way in which teachers use data in their classroom instruction is specifically included in the definition of what confers tenure onto a classroom teacher,” she said. ”How teachers use data is one of the criteria for getting tenure. Just not the data in and of itself.”
In other words:
1. Race to the Top requires that student achievement data be used to evaluate teachers and principals.
2. New York State allows teachers to be evaluated based in part on how they use student performance data.
3. Therefore, student performance data in New York are used to evaluate teachers.
Neat, huh?
There’s even more to the story behind the scenes.
Both the state and the teachers’ unions are arguing that student data can be used as part of teacher tenure decisions, but cannot be used as the sole determinant. Really? As someone who has written law, I can tell you that the NY statute would have, at the very least should have, been written differently if that were the real intent (people are paid a lot of money to write these types of things).
Here, again, is the relevant part of the statute:
"the teacher shall not be granted or denied tenure based on student performance data."
Here’s how it would have been written if what NY state officials and the unions are saying was their real intent really was their intent (the simple adding of one word):
"the teacher shall not be granted or denied tenure based solely on student performance data."
or, more elegantly and affirmatively:
"teacher tenure shall be granted based on student performance data and other relevant factors"
You get the point.
We constantly hear from teachers’ unions that they want to work in partnership with government officials, and not be dictated to. But by advancing specious and disingenuous arguments, they illustrate why some have largely given up on trying to meet them half way.
The one upside of this debate: we now know what is meant by "creative problem solving" when union officials and their flacks talk about "21st Century Skills."
Here’s what would be interesting and help clarify all this back and forth: a NY school superintendent or chancellor, perhaps one who cultivates an image of a maverick, who also heads up a large school district in the state, could announce that he (or she) plans to make tenure decisions "in part" but not "solely" based on the performance of those teachers’ students. Then see if anyone objects. Any volunteers?
If all this philosophy and logic stuff is not your bag, check out the classic Abbott and Costello baseball schtick "Who’s on First" on YouTube: here.
Different discipline, different century, but you’ll get the general sense of where the debate on student-teacher data is at this point. Let’s hope we can recruit more "straight men" (or women) into this discussion before it heads off into the abyss of absolute absurdity.
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