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Dangerous Court Rulling Is Latest Attempt to Blame Teachers and Weaken Public Education June 11, 2014

Posted by rogerhollander in California, Education, Los Angeles.
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Roger’s note: I read about this decision as reported in the New York Times.  Although it did contain quotes from the teachers’ unions, one came away with the impression that the issue is one of student rights, that is, the right to good teachers, thereby ignoring all the socio-economic reasons for poor educational results.  The judge shamelessly compared his decision to the civil rights iconic decision in Brown v. the Board of Education of Topeka, Kansas, which overturned public school segregation legality.  Of course, the decision was heartily endorsed by Arne Duncan, Obama’s Chicago basketball buddy and Secretary of Education, who  never met a privatization he didn’t like.

It is a sign of our times that civil rights logic is invoked to justify the destructive corporatization and privatization of public education, the thrust of which is being funded, tea party-like,  by those very same corporate private billionaires.

 

Alex Caputo-Pearl, president elect of United Teachers Los Angeles, takes questions on about the verdict of the Vergara v. California lawsuit in Los Angeles Tuesday, June 10, 2014. A judge struck down tenure and other job protections for California’s public school teachers as unconstitutional Tuesday, saying such laws harm students, especially poor and minority ones, by saddling them with bad teachers. (Photo: Damian Dovarganes, AP)

Judge Rolf M. Treu, who decided the Vergara case, declared that he was shocked — shocked! — to learn from Professor Raj Chetty and Professor Thomas Kane of Harvard about the enormous harm that one “grossly ineffective” teacher can do to a child’s lifetime earnings or to their academic gains.

How did he define “grossly ineffective” teacher? He didn’t. How did these dreadful teachers get tenure? Clearly, some grossly incompetent principal must have granted it to them. What was the basis — factual or theoretical — that the students would have had high scores if their teachers did not have the right to due process? He didn’t say.

The theory behind the case — as I see it — is that low test scores are caused by bad teachers. Get rid of the bad teachers, replace them with average teachers, and all students will get high test scores. You might call it the judicial version of No Child Left Behind — that is, pull the right policy levers — say, testing and accountability, or eliminate tenure — and every single child in America will be proficient by 2014. Congress should hang its collective head in shame for having passed that ridiculous law, yet it still sits on the books as the scorned, ineffective, toxic law of the land.

Judge Treu was also regurgitating the unproven claims behind Race to the Top, specifically that using test scores to evaluate teachers will make it possible to weed out “bad teachers,” recruit and reward top teachers, and test scores will rise to the top. Given this theory, a concept like tenure (due process) slows down the effort to fire those “grossly ineffective” teachers and delays the day when every student is proficient.

Relying on Chetty and Kane, Judge Treu is quite certain that the theory of universal proficiency is correct. Thus, in his thinking, it becomes a matter of urgency — a civil rights issue — to eliminate tenure and any other legal protection for teachers, leaving principals free to fire them promptly, without delay or hindrance.

Set aside for the moment that this decision lacks any evidentiary basis. Another judge might have heard the same parade of witnesses and reached a different conclusion.

Bear in mind that the case will be appealed to a higher court, and will continue to be appealed until there is no higher court.

It is not unreasonable to believe that the California Teachers Association might negotiate a different tenure process with the legislature, perhaps a requirement of three years probationary status instead of two.

The one thing that does seem certain is that, contrary to the victory claims of hedge fund managers and right-wing editorial writers, no student will gain anything as a result of this decision. Millions more dollars will be spent to litigate the issues in California and elsewhere, but what will students gain? Nothing. The poorest, neediest students will still be in schools that lack the resources to meet their needs. They will still be in schools where classes are too large. They will still be in buildings that need repairs. They will still be in schools where the arts program and nurses and counselors were eliminated by budget cuts.

If their principals fire all or most or some of their teachers, who will take their places? There is no long line of superb teachers waiting for a chance to teach in inner-city schools. Chetty and Kane blithely assume that those who are fired will be replaced by better teachers. How do they know that?

Let’s be clear. No “grossly ineffective” teacher should ever get tenure. Only a “grossly ineffective” principal would give tenure to a “grossly ineffective” teacher. Teachers do not give tenure to themselves.

Unfortunately, the Vergara decision is the latest example of the blame-shifting strategy of the privatization movement. Instead of acknowledging that test scores are highly correlated with family income, they prefer to blame teachers and the very idea of public education. If they were truly interested in supporting the needs of the children, the backers of this case would be advocating for smaller classes, for arts programs, for well-equipped and up-to-date schools, for after-school programs, for health clinics, for librarians and counselors, and for inducements to attract and retain a stable corps of experienced teachers in the schools attended by Beatriz Vergara and her co-plaintiffs.

Let us hope that a wiser judicial panel speedily overturns this bad decision and seeks a path of school reform that actually helps the plaintiffs without inflicting harm on their teachers.

Cases add up of LAPD assaults on restrained suspects November 19, 2012

Posted by rogerhollander in California, Los Angeles, Police.
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Monday, Nov 19, 2012 03:14 PM EST, , www.salon.com

Cases add up of LAPD assaults on restrained suspects LAPD officers(Credit: Jose Gil / Shutterstock.com)

A cop Tasered a handcuffed women in fourth case in recent months of LAPD using force on detainees

The LA Times reported over the weekend that an LAPD officer was witnessed shocking a handcuffed woman with a Taser gun while “joking with other officers at the scene.” Just days after a federal jury ruled that Chicago police officers upheld an entrenched “code of silence” in covering up each others’ wrongdoing, reports have emerged to show that Los Angeles cops have lied for two years about the Tasering incident.

The LA Times reports:

Officer Jorge Santander… appeared to lie about the December 2010 incident repeatedly in written reports. The three other LAPD officers who witnessed Santander stun the woman all corroborated his version of events when first questioned and failed to tell supervisors that one officer had recorded a video of the encounter, the records show.

The video shows Santander firing the Taser without warning and later displaying a Superman logo he wore on his chest beneath his uniform, according to the records. Off camera, another officer is heard laughing and singing.

… This marks the fourth time in the last few months that cases have come to light in which LAPD officers are accused of using force on suspects who had been restrained.

… In August, a security surveillance camera captured an officer violently throwing a handcuffed woman to the ground with any apparent provocation. Days later, the Times reported on a July incident in which a video camera in a patrol car recorded a female officer stomping her heel onto the genitals of a woman who was being restrained by other officers. That woman died after being forced into the back of a patrol car, although there is no evidence that her death was caused by the officer’s kick. And this month The Times learned about a botched arrest in July, in which a handcuffed man was mistakenly shot by officers after he escaped custody.

Despite statistics suggesting that there are around 1,700 cases per year of inappropriate force with less than lethal weapons by the LAPD, “department officials rejected the idea that the cases add up to a larger behavioral pattern,” reported the LA Times. “Cmdr. Andrew Smith called them ‘isolated, unrelated cases in which officers got out of line’.” However, the police officers’ attempts to slide Santander’s Taser incident under the rug echo the police culture indicted last week by a federal court — whether LAPD officials admit to a pattern or not.

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