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The Last Shall Not Be First

As budget reality forces teacher layoffs, seniority is no longer an automatic job saver.

America's traditional public school districts have spent the past four decades swelling their bureaucracies -- from 4.2 million to 6.2 million -- even amid evidence of the nation's high school dropout crisis and academic underachievement. No longer. With state budgets being strapped, some $100 billion in school-targeted federal stimulus funding tapped out, and the long-term burden of sweet pension and compensation deals school districts (and states)have struck with teachers unions coming to a head, school districts are finally being forced to actually prune (if not lop off) between 100,000 and 300,000 jobs this year, according to the U.S. Department of Education.

The consternation among education leaders over the layoffs (which are paltry compared to staffing contractions within the private sector during this recession), along with the Democratic Party's own needs to gain support from the National Education Association and the American Federation of Teachers to keep control of Congress, may revive talk of an education stimulus package. Both U.S. Sen. Tom Harkin -- who chairs the Senate education committee -- and U.S. Secretary of Education Arne Duncan are attempting to resurrect a plan ditched by Democrats last year to provide at least $23 billion in federal funding to school districts to stave off layoffs. The fact that Democrats strained to pass healthcare reform (they haven't passed much else in the past two years) doesn't seem to factor into either man's calculations.

But for the cadre of conservatives, centrist Democrats and idiosyncratic liberals who make up the nation's school reform movement, layoffs are proving to end one of the most-destructive practices defended by NEA and AFT (and by their public- and private-sector counterparts): Reverse-seniority or "last hired-first fired" policies that require districts to lay off younger teachers and keep more-senior instructors regardless of their performance in the classroom.

Washington, D.C.'s public school system took the first step in abandoning last hired-first fired this past September, when it successfully laid off 266 teachers -- many of whom were long-tenured veterans -- in order to deal with a $21 million shortfall. The move, cleverly done by the district amid a protracted contract battle with its AFT local, yielded results: Last month, D.C. Public Schools got the AFT to ditch the use of reverse seniority in layoff decisions altogether as part of a tentative contract.

Last month, the gargantuan Los Angeles Unified School District presented a plan to end last hired-first fired as part of a series of reforms of how it will pay for -- and manage -- teacher performance. This comes as L.A. Unified is being sued by the American Civil Liberties Union over how the impact of a series of layoffs (including 5,200 teachers cast off this past March) has hampered student performance at several of the district's worst-performing schools. California Gov. Arnold Schwarzenegger and the Democrat-dominated state legislature -- which has been unified on school reform as of late -- may end up abolishing a state law mandating reverse-seniority layoffs by year's end.

The pushiest effort against reverse seniority is coming from the New York City Department of Education, which has long aroused the ire of teachers' union bosses everywhere for its pioneering attempts to reform how teachers are paid and evaluated. Besides convincing New York State legislators to consider a proposal to eliminate state rules mandating last hired-first fired layoffs, it is also rallying the 30,000 new teachers it has hired this past decade -- 28 percent of whom would lose jobs under any proposed layoff -- to challenge the AFT local's defense of the status quo. Declared the school district's chancellor, Joel Klein, last month in the New York Times: "Nobody I've talked to thinks seniority is a rational way to go."

As one would expect, none of this sits well with NEA and AFT bosses, who have spent the past six decades making teaching the profession most-insulated from economic reality. They declare that efforts to end last hired-first fired are merely attempts at fostering a generational divide between older and younger members of the rank-and-file. They also proclaim that there is no better system to decide who should lose their jobs during reductions in force. "To be opportunistic and try to rush something through without knowing if there's some degree of objectivity and a comprehensive and valid evaluation system is appalling," says AFT President Randi Weingarten.

This may have been true 30 years ago, when school data systems and techniques didn't exist to adequately track teacher performance. The use of reverse seniority, as with much of teacher compensation, was borrowed from other sectors (in this case, industrial factories) to protect women from unfair dismissals. The NEA and AFT, through state laws passed in the 1960s and 1970s forcing school districts to bargain with union locals and through lobbying in statehouses, ensured that reverse seniority was enacted along with near-lifetime employment rights and seniority- and degree-base pay scales.

But the emergence of value-added assessment, which allows for the measurement of student test-score growth (and, in turn, teacher performance) over time -- along with the passage of No Child and other accountability measures -- means states and districts now have tools to assess the quality of their teaching staffs. There is also little evidence that the average 25-year teacher is any better at improving student achievement than an instructor working for four years. What reverse seniority does do is exacerbate the problems of the nation's dropout factories and failing middle and elementary schools. This is because those schools -- avoided by teachers with seniority -- usually employ the very newly minted teachers who lose jobs during layoffs.

Meanwhile first hired-first fired is upsetting younger teachers such as Heather Wolpert-Gawron, a middle-school teacher at the tiny San Gabriel (Calif.) Unified School District who complains that seniority-based layoffs, along with tenure, prevent "a school or a district from creating a staff that is made up of the best veterans it can retain and the best candidates it can recruit." Wolpert-Gawron, by the way, managed to avoid being one of 44 teachers laid off by the school system in March. More-senior teachers agree: 75 percent of both newly minted and long-tenured teachers agreed that layoffs should be based on performance-related factors, according to a survey conducted by The New Teacher Project, a school reform nonprofit.

As Baby Boomers, who make up 36 percent of the teaching ranks, head toward retirement, last hired-first fired (along with tenure) may go the way of the Lava Lamp.

About the Author

RiShawn Biddle the editor of Dropout Nation , is co-author of A Byte at the Apple: Rethinking Education Data for the Post-NCLB EraHe can be followed at Twitter.com/dropoutnation.

Letter to the Editor View all comments (39) | Leave a comment

Pingback| 5.4.10 @ 6:20AM

Twitter Trackbacks for The American Spectator : The Last Shall Not Be First [spectat links to this page. Here’s an excerpt:

…Tweets only Your email address (required): Topsy Retweet Button Add Topsy Retweet Button to your Blog or Web Site. WordPress  Web Sites 3 tweets tweet 3 All 1 Influential The American Spectator : The Last Shall Not Be First spectator.org/archives/2010/05/04/the-last-shall-not-be-first – view page – cached America's traditional public school districts have spent the past four decades…

FloridaTeacher| 5.4.10 @ 6:47AM

Speaking as a teacher, I agree wholeheartedly with the basic premise of this article. Although I think seniority should be A factor in teacher retention, it should not be THE factor (perhaps not even the major factor). Every year, I watch younger teachers get booted out (and some not so young, but career changers, such as myself) simply because they do not have enough years in the system. It doesn't matter whether or not they are qualified. They don't have the seniority, so they have to go. No questions asked. Shame.

Alan Brooks| 5.4.10 @ 10:21PM

America is too large a nation to have a decent, decentralized educational 'system'.

Lullaby's, Legends and Lies| 5.4.10 @ 7:58AM

If they really want to start making real cuts, start with the Teachers in the rubber rooms, like the ones in NYC (there are hundreds of them). Paying Teachers who have been kicked out of the classroom, for whatever reason (like having sex with their students!!), and letting them watch TV for eight hours a day as their place of duty, so that they can make it to their retirement, is a joke (and the joke's on you). Some of these Teachers have been in these rubber rooms for "YEARS", and the Taxpayer is paying them their full salary, with full benefits too (and they still get their summers off, don't you know?). Guilty or Not Guilty, it shouldn't matter, they can fight that out in court later on, all of these so-called Teachers have to go. Fire them all today, cut off their retirement benefits, and let the courts decide if it was right or wrong. They're not Teachers anymore, so fire them, and stop robbing the Taxpayers!!

http://www.newyorker.com/repor.....fact_brill

Curly Smith| 5.4.10 @ 8:12AM

Why is there a dropout "crisis"? The common, and false, theory is that the students don't understand the value of an education. The truth is that the students fully understand the negative value of the education that they're receiving. They understand that their time is being utterly and completely wasted and that they'd be better off entering the minimum wage market sooner rather than later. But as schools generally receive their state and federal funds based on attendance, it is a "crisis" for the schools.

The key metric for public schools is attendance, which is not a measure of academic achievement. Like any other failing monopoly, public schools are internally focused rather than concentrating on the needs of their customers (which, FYI school administrators, are the students). And, as we all know, it's not a problem that can be solved by infusing more money.

L. Ross| 5.4.10 @ 11:56AM

Curly:

I agree with much of what you write. My wife graduated from an inner city school which she describes as not much more than babysitting. I am frequently suprised at what she did not learn in high school and junior high. However, as poor as our upper level education has become, it is still a fact that high school graduates have substantially higher earning averages than non graduates, about $7,000/year higher according to the last census. Certainly there are huge exceptions, but they are still just exceptions. Here is the source document.

http://www.census.gov/prod/2002pubs/p23-210.pdf

Roy| 5.4.10 @ 12:30PM

Difference is that little? I would have thought higher.

And, don't you think that both things correlating with a third factor(intelligence, willingness to go along to get along, dedication, etc)? Rather than the knowledge learned in HS, which even at a GOOD HS, for an intelligent student, is pretty dubiously relevant to 95% of jobs.

Chuck Presley| 5.4.10 @ 9:28AM

This points back to a fundamental problem in the teaching profession. There is no proficient way to evaluate the true effectiveness of a teacher to "teach". We have all known teachers who were lousy teachers. We've also worked with people with degrees in various other disciplines who are not capable of performing the work in their chosen degree. Getting a degree to teach does not mean they will be good teachers. I personally know a local university has NEVER flunked or denied a degree to any person because they didn't have the skills or aptitude to be a teacher, but they graduate because they were able to complete the academic requirements.

Unions talk like they're all for a fair system to score and evaluate teachers, but have yet to come up with a plan or policy of their own to make this talk a reality. Like the political party the teachers unions are so adept at calling the party of "no"... These self serving unions do the same thing when it comes to measuring a teachers performance . For decades, all I've heard from the teacher unions is "no"... it's not fair and it won't work whenever a new idea is considered. Unions just say "no".

So, school districts, in order to reduce the number of teachers due to financial considerations, are left with an old legacy policy of first-hired first-fired. Only idea I've consistently heard from the unions is give us more money and we'll do a better job.

Bill Hussein O'Stalin| 5.4.10 @ 9:48AM

I find this article rather humorous. When you consider the fact that public schools are failing around the nation, and that many inner city schools have drop out rates in excess of 67%, what does it matter who works there. Might it not be time consider that public schools have seen their day and there are other ways of education children? Personally, if they all closed down I don't think we would miss much.

Bill Hussein O'Stalin| 5.4.10 @ 9:48AM

I find this article rather humorous. When you consider the fact that public schools are failing around the nation, and that many inner city schools have drop out rates in excess of 67%, what does it matter who works there. Might it not be time consider that public schools have seen their day and there are other ways of education children? Personally, if they all closed down I don't think we would miss much.

Bill| 5.4.10 @ 9:50AM

That one sentence should state "educating children" not "education children."

Pingback| 5.4.10 @ 9:51AM

Starving Beast Snacks On Teacher Tenure Protections? - Hit & Run : Reason Magazine links to this page. Here’s an excerpt:

…operated on the "the last shall be first" principle when it comes to layoffs: Last hired, first fired, almost no questions asked. But states are running out of money, and Dropout Nation 's RiShawn Biddle spots a trend of three that suggests starving the state government beasts may be taking a bite out of previously sacrosanct teacher tenure protections. In addition to teacher firings in D.C. (something I wrote…

Petronius| 5.4.10 @ 10:24AM

One hole in the NEA's armor plate changing turnover policy is superficial. The kids won't gain any ground without the basic skills that our generation was FORCED to LEARN. removing cardboard cutouts from the classrooms is a start, but until the instruction departments of our school district administrations are gutted first, where's the upside? Nowhere so long as the student gets what the educrats wants him to have.

Ken (Old Texican)| 5.4.10 @ 10:25AM

I graduated Highschool 1964. Houston.

I had perhaps 20% competent teachers then.

Let's do a little poll and see if there are any graphs achievable.

L. Ross| 5.4.10 @ 11:47AM

You need a native english speaker to write your jokes for you. I will steal one of Eddie Murphy's jokes and show you how it is done.

A bear and a rabbit were pooping in the woods. The bear asks the rabbit if he has trouble with poop sticking to his fur. "No" says the rabbit. So the bear wipes his butt with the rabbit.

L. Ross| 5.4.10 @ 11:49AM

Sorry about the Texican. This comment was targeted at a joke/advertisement which has been removed. It got tacked on to your thread. My appologies.

Art| 5.5.10 @ 7:54AM

Somehow it still makes sense...

Clinton nee Publius| 5.4.10 @ 4:15PM

The reality is that public education has failed as completely as all other liberal social welfare programs have failed and now we have to deal with the reality that government-controlled, public education is not a sustainable proposition and must be completely dismantled.

Here are the facts:

(1) Real spending (inflation adjusted) on primary and secondary school tuition increased by 247% between 1963 and 2006. There has not been a 247% increase in test scores, literacy rates or college placements. Only drop-out rates, illiteracy rates, teen pregnancy rates and union pension plan contributions continue to increase.

(2) Today, the average primary and secondary public school education tuition is double the average private school tuition and more than triple the average parochial school tuition, yet you would be very hard-pressed to find a parent that would prefer to send their child to a public school if a private school was at hand and money were not the issue. Public education is not even affordable.

(3) As long as education is controlled by government, the outcome will always be the lowest common denominator because government is constrained from following the dictates of Rational Choice Theory; liberals can teach it, but they never acknowledge its impact and that is why public education fails.

The reality is that we are now faced with the privatization of education so that we can increase quality and reduce cost while increasing wage opportunities for education workers. Once education workers have to compete like everyone else, the cream will rise to the top and those people who shouldn't be education workers can retire back to their former employment as the Assistant Night Shift Grill Manager at McDonald's.

Here's the kicker; you can overhaul education and make it even more affordable, flooding our markets with health care professionals by reducing the cost of a medical education to approximately $1,500 a year. Once you eliminate the cost barrier, medical services educations will become very attractive and the cost of health care comes down like magic.

The smartest people aren't in education, but need to be there.

DatsunMark| 5.4.10 @ 8:51PM

The Public School System is sytemetically corrupt and can not be reformed. Look at the Detroit School System...any hope there will be better teachers and a balanced budget? Here is the solution: have the courage to shut it down. Tell the parents there will be charter schools next year and the NEA can take a flying leap at a rolling donut.

PolishKnight| 5.5.10 @ 12:59PM

"The use of reverse seniority, as with much of teacher compensation, was borrowed from other sectors (in this case, industrial factories) to protect women from unfair dismissals. "

This ties in neatly how the problems of conservatism (and society in general) can be linked with an acceptance of the basic premise of the feminist movement:That women are entitled to high paying jobs just as much as men, if not moreso, even as they continue to be treated with chivalrous patronage.

In the past, when men were protected from layoffs it because their incomes were often the primary for a (two parent) family and a man losing his job while his wife retaining it would be destructive.

Feminists were aware of this reality and sought to address it by claiming that after enough women had high paying jobs, that the stigma of men being viewed as losers if they didn't earn as much of their wives would diminish in a post-feminist era. Howz that working out?

Back to teaching: The notion that teachers have a "special" job and should be immune from layoffs and market forces is insulting to other professions. Is a man who works as a plumber or construction worker who faces layoffs doing less important of a job in keeping a roof over the heads of children and clean running water?

Pingback| 5.5.10 @ 4:43PM

2009 NBA Slam Dunk Contest Round 2 | The New York Knicks Fan Blog | New York Knicks N links to this page. Here’s an excerpt:

…Visit link: 2009 NBA Slam Dunk Contest Round 2 | The New York Knicks Fan Blog Related Blogs on Took The First Singer Paulina Rubio and Husband Expecting First Child | Baby Chums The American Spectator : The Last Shall Not Be First Magic Destroy the Hawks, Take Game One 114-71 | Soaring Down South … Related Posts 2009 NBA Slam Dunk Contest Spectacular Round 1! | The New York … NBA All-Star Weekend…

Pingback| 5.5.10 @ 11:26PM

Education Under the Knife « webmomma.com links to this page. Here’s an excerpt:

…are already beginning to adopt this policy, and my guess is that many others will follow.  For more on what school districts are already making this change, checkout http://spectator.org/archives/2010/05/04/the-last-shall-not-be-first We are definitely in a mess.  Our education system is already lacking in comparison with the rest of the world, and now we are going to layoff more teachers.  Who will…

Pingback| 5.6.10 @ 9:40PM

News Briefs – Volume VIII / Framing the Dialogue links to this page. Here’s an excerpt:

…held to the Kennedy/Bush No Child Left Behind goals.  Districts are challenging the National Education Association and the American Federation of Teachers to allow teacher retention decisions to be based on quality rather than longevity .  Brief 5:  Since we were discussing children and education a common goal of leaders is to instill a sense of confidence in students.  We don’t need to give awards to…

Pingback| 5.10.10 @ 7:01AM

Four Thoughts on Teacher Quality links to this page. Here’s an excerpt:

…new high-quality teachers specially skilled for their needs. Perhaps we shouldn’t let Baby Boomer teachers retire: As someone suggested at Reason’s Hit and Run blog in response to my latest column in The American Spectator, it may be cheaper to make it difficult for teachers to retire. After all once a teacher retires, the costs don’t disappear; the costs are merely switched over to the…

Pingback| 5.15.10 @ 10:06AM

Rewind: The Statistics Department: K-12 Spending Versus Criminal Justice Spending links to this page. Here’s an excerpt:

…Democratic Party fears of congressional election losses — gets underway, there is plenty of questions as to whether America spends too much on education spending, is the money being spent too inefficiently and whether another bailout is needed anyway. This reprint of a Dropout Nation report written earlier this year offers another perspective on spending, especially in light of what is spent on the…

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