Lawsuits for School Reform?: Parent Power May Insert Itself in L.A. Unified's Teachers' Contract; Demand that the LAUSD Immediately Comply with the Stull Act

RiShawn Biddle:

Earlier this year, Dropout Nation argued that one way that school reformers -- including school choice activists and Parent Power groups -- could advance reform and expand school choice was to file lawsuits similar to school funding torts filed for the past four decades by school funding advocates. But now, it looks like Parent Power activists may be filing a lawsuit in Los Angeles on a different front: Overhauling teacher evaluations. And the Los Angeles Unified School District may be the place where the first suit is filed.

In a letter sent on behalf of some families Wednesday to L.A. Unified Superintendent John Deasy and the school board -- and just before the district begins negotiations with the American Federation of Teachers' City of Angels unit over a new contract -- Barnes & Thornburg's Kyle Kirwan demanded that the district "implement a comprehensive system" of evaluating teachers that ties "pupil progress" data to teacher evaluations. Kirwan and the group he represents are also asking for the district to begin evaluating all teachers "regardless of tenure status" and to reject any contract with the American Federation of Teachers local that allows for any veteran teacher with more than a decade on the job to go longer than two years without an evaluation if they haven't had one in the first place.

We represent minor-students currently residing within the boundaries of the Los Angeles Unified School District (the "District" or "LAUSD"), the parents of these students, and other adults who have paid taxes for a school system that has chronically failed to comply with California law.

Our clients seek to have the District immediately meet its obligations under the Stull Act, a forty year old law that is codified at California Education Code section 44660 et seq. (the "Stull Act").

In relevant part, the Stull Act requires that "[t]he governing board of each school district establish standards of expected pupil achievement at each grade level in each area of study."

Cal. Educ. Code § 44662(a). The Stull Act requires further that "[t]he governing board of each school district ... evaluate and assess certificated employee performance as it reasonably relates to ... [t]he progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments ...." Cal. Educ. Code§ 44662(b)(l).

In the forty years since the California Legislature passed the Stull Act, the District has never evaluated its certificated personnel based upon the progress of pupils towards the standards established pursuant to Education Code section 44662(a) and, if applicable, the state adopted academic content standards as measured by the state adopted criterion referenced assessments; never reduced such evaluations to writing or added the evaluations to part of the permanent records of its certificated personnel; never reviewed with its certificated personnel the results of pupil progress as they relate to Stull Act evaluations; and never made specific recommendations on how certificated personnel with unsatisfactory ratings could improve their performance in order to achieve a higher level of pupil progress toward meeting established standards of expected pupil achievement.

Posted by Jim Zellmer at October 30, 2011 5:27 AM
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