Education Policy Institute

4401-A Connecticut Avenue, Box 294, Washington, DC 20008
Tel: (202) 244-7535, Fax: (202) 244-7584
Education Exchange
Volume 2, Issue 1 -- January 1998

Focusing on Education Reforms at Your School, in Your State Legislature, and in Congress

In This Issue

Good Housekeeping Publicizes Problems of Teacher Tenure

School Choice, Bilingual Education, Increased Funding
All On 1998 Federal Education Radar Screen

EPI Reviews Public Policy Reading You Shouldn't Miss

EPI Web Site Adds State Education Agencies Page

NEA Poll Says Hands Off On Firing Bad Teachers

EPI's Education Quick Facts

Good Housekeeping Publicizes Problems of Teacher Tenure

In the January 1998 issue of Good Housekeeping, Lynnell Hancock points out the tenure perks that belong to college professors and public school teachers to the exclusion of virtually all other professions. She writes, "After getting tenure, a teacher's job is a difficult thing to lose."

A primary obstacle to removing incompetent or inadequately prepared teachers is the extraordinary legal costs often reigned down upon the school district.

Bob Chase, President of the National Education Association, remarked, "Tenure isn't a job guarantee. It's a democratic process that needs to be followed."

Due in part to the difficulties of removing bad teachers, "at least four states -- Massachusetts, Oklahoma, Colorado, and New Mexico -- have enacted laws eliminating tenure...New Jersey, New York, and Florida are seeking ways to replace tenure with renewable contracts for teachers," writes Hancock.

While the teacher unions argue that they don't hire, train, evaluate, promote, or grant tenure to teachers, this is a false premise. NEA and AFT affiliates regularly negotiate terms and language into collective bargaining agreements which place severe restrictions on the administrators who do provide these functions in school districts.

Additionally, both teacher unions publicly support peer review, which places union members at the forefront of evaluating and recommending dismissal of unsatisfactory teachers.

School Choice, Bilingual Education, Increased Funding
All On 1998 Federal Education Radar Screen

Since 1996 when Republican presidential candidate Bob Dole brought up the subject of improving public education by changing the way teacher unions do business, politicians have eased onto the bandwagon.

In 1998, how to improve failing public education has moved to the top of the agenda for other high profile politicians as well. Senator Alfonse M. D'Amato (R-NY) said recently "It's time to admit the obvious: Our public education system needs fixing." As part of his formula, he called for competency testing for all teachers, an end to 'lifetime' tenure for teachers, and merit raises for outstanding teachers. D'Amato also has proposed changes which would allow principals to quickly remove disruptive and violent students from classrooms.

President Clinton will outline his changes for improving America's failing public schools in his State of the Union speech January 27. In the past, Clinton promoted using thousands of volunteers to help teach children to read -- an indictment of the present system. He's also urging increased funding for the National Board of Professional Teaching Standards, a certification group controlled by the teacher unions, rather than subject matter authorities.

House Speaker Newt Gingrich (R-GA) implied he and members of Congress would also focus on improving education during the upcoming session. In remarks to the Cobb County, Georgia, Chamber of Commerce, Gingrich urged local and state school boards to set new requirements that school children learn English by the fourth grade. "When we allow children to stay trapped in bilingual programs where they do not learn English, we are destroying their economic future," he said.

John Fleischman, campaign coordinator for English for the Children, a California campaign to eliminate bilingual education in that state, agrees. He hopes that Gingrich's statement will open a national debate on the issue. Fleischman calls bilingual education "a social experiment that has failed over the last 30 years," and does not prepare students for an English-speaking workplace.

Others, including Delia Pompa, director of the office of bilingual education at the U.S. Department of Education, say that bilingual education has a proven record of educating non-English children.

Unrestricted educational choice, promoted mostly by Republicans in the past, is now gaining support among Democrats as well. Supporters point out that by having a choice among education providers -- traditional public schools, private independent or faith based schools, and for-profit schools -- each competing to provide superior educational services, America's diverse, 52 million public school children would all benefit.

EPI Reviews Public Policy Reading You Shouldn't Miss


Financing Education, The Struggle between Govern-mental Monopoly and Parental Control
by Quentin L. Quade
1996, Transaction Publishers
166 pages

In his 1996 book, Quentin Quade asks: "Knowing the generally destructive features of monopoly unfailingly provides us the right question to ask of any monopoly, including educational finance monopoly. Why would anyone begin with the assumption that monopoly in school funding would enhance education?"

He writes, "In the United States, contrary to the practice of many other modern democracies, tax dollars are assigned by state bureaucratic structures to each state's own schools. Such a system spawns structures and personnel that stay in place irrespective of merit."

In discussing issues of educational choice, his analyses crush familiar arguments such as, "Choice will siphon resources from public schools, already short of cash." Quade counters that this presupposes what is not known -- how much money it takes to buy high quality education. But, he says, "far worse, it rests on the presumption that monopoly-protected public schools, rather than the education of children, have a right to a certain amount of public money."

"Choice will mean taking public money from public schools and giving it to private, even religious schools." Quade writes, "Not only is this false -- choice provides support to parents, not schools, and the parents decide where to assign it with absolutely no church-state entanglement. ŠIt is entirely logical -- unless one begins with the presumption that the schools protected by educational finance monopoly have a right to all public dollars, which again, makes them impossible to evaluate."

Quade responds to those who defend the current educational monopoly and insist that they are constantly seeking reform of American K-12 education. It seems obvious that the monopoly is dedicated to perpetual, even permanent, reform. "Reform after reform after reform come pouring out of the word processors of the educational establishment, each such reform constituting a witness to the failure of those that preceded it."

In examining the major problems of American K-12 education, Quade offers school choice without financial penalty as a powerful and obvious cure.


"Farewell to Preferences?"
by Stephen Thernstrom
The Public Interest, Winter 1998
15 pages

In this article, Stephen Thernstrom uncovers the facts not included in prominent articles about University of California medical-school minority admissions. It turns out that headlines such as "Fewer Minorities Apply to UC Medical Schools," and other similar articles were "preconceptions of those covering -- and thus making -- the news."

With plenty of details about the use of double standards in admissions and grading, Thernstrom also reveals another reporting failure: not checking if the same standards and criteria were used in reporting minority applications and admissions. Thernstrom discovered that "Asians suddenly vanished from the 'minority' category; Šall the 'color' they had in 1996-97 has suddenly been bleached away." As a result, some preference enrollments may be declining, but hardly dramatically.

The University of California Regents voted in July 1995 to eliminate "race, religion, sex, color, ethnicity or national origin" as a basis for admission, hiring, or contracting by the university. The policy applied to graduate admission for the 1997-98 academic year and will extend to undergraduate admissions in 1998-99.


The Excuse Factory
by Walter Olson
1997, The Free Press
378 pages

In his 1997 book, Walter Olson exposes another aspect of the legal system: employment law.

The Excuse Factory goes right to the heart of the increasingly absurd American workplace, showing how employment laws make it nearly impossible to fire even the most incompetent and unmotivated workers. Employers have become understandably nervous about firing someone lest it open them up to a lawsuit, no matter how frivolous. They would rather tolerate bad employees than remove them -- a choice that has profound implications for the future of business, the American economy and public school children.

Among the dozens of examples, some of the most egregious deal with incompetent teachers. Not only is firing unlikely, some teachers, headed for jail, managed to get buyouts, including a professor at a state university's campus who pleaded guilty to possession of child pornography. Her settlement: $75,000!

Olson writes that employment law began as a branch of domestic-relations laws, but evolved into contract law by the end of the 19th century. According to Harvard professor Mary Ann Glendon, over the past couple of decades America has reversed its legal treatment of employment and matrimony.

"Thirty years ago we used to require people to show a judge good cause before they could get out of a marriage, while employment was left to the continuing will of the parties. Now we prefer a fresh start instead of an attempt to force parties to sup at the same unhappily matched table -- if that table is located in a home. If it is in an office suite, they may have to stick it out forever."

If you want documentation, Walter Olson provides plenty in The Excuse Factory.

EPI Web Site Adds State Education Agencies Page

The Education Policy Institute web site now includes a page (http://www.schoolreport.com/epi/StateAgencies.htm) dedicated to linking visitors into all 50 state education agencies. In addition to hotlinks, this page provides addresses, phone and fax numbers, e-mail addresses where known, and for visual appeal, corresponding state flags.

While the web sites vary in content and design, they often include information about:

€ academic programs
€ accreditation requirements
€ bilingual education
€ charter schools
€ curriculum
€ demographic data
€ dropout rates
€ E-rate
€ education legislation
€ education technology
€ funding and financial data
€ governmental relations
€ home instruction
€ parental involvement
€ publications
€ school laws
€ school to work/career
€ special education
€ standards development
€ state boards of education
€ state educational resources
€ state teacher certification
€ student performance
€ vocational education

New web initiatives for 1998 will be undertaken by some states. South Dakota will add statistical information and upcoming events. Kentucky's new efforts will focus on electronic "academic villages". Its villages are Elementary Education, Diversity Heights, Geoville, Library Media Specialists, Language Arts, Math/Science Education, Middle Level Education, Principals, School Based Decision Making, School to Work, and SSAVY (Student Services Academic Village, Y'all).

EPI's Education Reform Briefs page (http://www.schoolreport.com/epi/refrmnws.htm) continues to be a popular site for visitors as well. Updated twice monthly, it provides summary news briefs from around the web with site locations for those wishing to visit the original source.

NEA Poll Says Hands Off On Firing Bad Teachers

The NEA asked its web site visitors, "Should NEA affiliates help get rid of bad teachers?" The final results...28 percent said yes, 72 percent said no.

A follow-up letter to the editor in NEA Today's January issue, from Howard Jayne of Muskogee, Oklahoma, states, "I was shocked that NEA is involved in helping to fire teachers. I expect our organization to defend and help protect its members and not get involved with attempting to fire them."

For over a year, NEA President Bob Chase has successfully engaged the media in his "new unionism" campaign, which includes implementing a process known as peer review and assistance. Under peer review, teachers and their unions (AFT and NEA) exercise more responsibility, ostensibly for terminating the services of first-year teachers who do not perform adequately after receiving assistance, and for identifying tenured teachers who are not performing adequately.

EPI's Education Quick Facts

  • A June 1998 vote is planned for the California initiative requiring labor unions and employers to obtain annual written and signed consent forms from union employees before deducting any money from their salaries to support political purposes. (Source: Dec. 1997 Educational Freedom Report)
  • More than 200 civilian instructors at the Great Lakes Naval Training Center in North Chicago, IL, voted to join Lake County Federation of Teachers Local 504 last month. The instructors are employees of two contractors that slashed pay and benefits when they assumed the educational operations at the base in October. (Source: Jan. 5, 1998, Work in Progress)
  • African-American men have the highest unionization rate in the U.S.: 21.6 percent of employed black men belonged to unions in 1996. But the overall rate (union membership as a percentage of total wage and salary employment) dropped to 14.5 percent last year. (Source: July/August 1997 Working USA)
  • The cost savings from some children moving from 100 percent taxpayer financed schools into alternative schools more than outweighs the reduction in state revenue. Michigan taxpayers would save over $550 million each year when the Universal Tuition Tax Credit is fully implemented. (Source: Nov. 1997, "The Universal Tuition Tax Credit: A Proposal to Advance Parental Choice in Education" -- Mackinac Center Report)
  • Thirteen states currently have high school completion rates of 90 percent or better. Connecticut showed the greatest increase during the 1990s, from 90.9 percent to 96.1 percent. (Source: Dropout Rates in the United States: 1996 -- National Center for Education Statistics)

See File

Copyright 1998
Education Policy Institute, PMB 294, 4401-A Connecticut Ave., NW, Washington, DC 20008-2322 202/244-7535, Fax 202/244-7584 http://www.educationpolicy.org