First Person

I was an attorney representing school districts in contract talks. Here’s why I hope the Supreme Court doesn’t weaken teachers unions.

PHOTO: Creative Commons / supermac1961

Many so-called education reformers argue that collective bargaining — and unions — are obstacles to real change in education. It’s common to hear assertions about how “restrictive” contracts and “recalcitrant” unions put adult interests over children’s.

The underlying message: if union power were minimized and collective bargaining rights weakened or eliminated, school leaders would be able to enact sweeping changes that could disrupt public education’s status quo.

Those that subscribe to this view are eagerly awaiting the Supreme Court’s decision in the case of Janus v. American Federation of State, County, and Municipal Employees. At issue is the constitutionality of “agency” or “fair share” fees — employee payroll deductions that go to local unions, meant to cover the costs of negotiating and implementing a bargaining agreement.

In states that permit agency fees (there are about 20), a teacher may decline to be part of a union but must still pay those fees. If the Supreme Court rules that those agency fees are unconstitutional, and many teachers do not voluntarily pay, local unions will be deprived of resources needed to negotiate and enforce bargaining agreements.

Based on my experience as an attorney representing school districts in bargaining and contract issues, I have this to say to those hoping the Court will strike down these fees: be careful what you wish for.

Eliminating fair share fees (and trying to weaken unions) represents a misguided assumption about bargaining — that the process weakens school quality. To the contrary, strong relationships with unions, built through negotiations, can help create the conditions for student and school success. Indeed, in my experience, the best superintendents and school boards seized bargaining as an opportunity to advance their agenda, and engaged unions as partners whenever possible.

Why, and how, can this work? For one, the process of negotiations provides a forum for school leaders and teachers to hear one another’s concerns and goals. In my experience, this is most effective in districts that adopt “interest-based bargaining,” which encourages problem-solving as starting point for discussions as opposed to viewing bargaining as a zero-sum game.

Interest-based bargaining begins with both sides listing their major concerns and brainstorming solutions. The touchstone for a solution to be adopted in a bargaining agreement: Is the proposal in the best interests of children? This important question, if embedded in the process, forces both sides to carefully consider their shared mission.

For example, some districts I worked with paid teachers less than comparable neighboring districts did. It would have been unreasonable for unions to insist that their pay be increased enough to even that difference out, because that would mean reducing investments in other items of importance to children, like technology or infrastructure. At the same time, it would have been untenable for management to play “hard ball” and deny the problem, because to do so would likely lead to a disgruntled workforce.

Instead, both sides were forced to “own” the issue and collaboratively craft plausible solutions. That made unions more agreeable to proposals that demonstrated some commitment by the district to addressing the issue of pay, and districts open to other things that they could provide without breaking the budget (like more early release days for professional development).

To be sure, many school administrators could get frustrated with the process of bargaining or having to consult the negotiated agreement when they want to make a change. Some districts would very much like to adopt an extended school day, for example, but they know that they must first consult and negotiate such an idea with the union.

Yet, in districts where school administrators had built a reservoir of goodwill through collective bargaining, disagreement does not come at the cost of operating schools efficiently. Both sides come to recognize that while they inevitably will disagree on some things, they can also seek agreement — and often do on high-stakes matters, like teacher evaluations.

How does this relate to the Supreme Court’s pending decision? Without fees from some teachers, unions may lack the resources to ensure that contract negotiations and enforcement are robust and done well. This could create a vicious cycle: teachers who voluntarily pay fees for bargaining in a post-Janus world, assuming the court rules against the unions, will view such payments as not delivering any return on investment. In turn, they will stop contributing voluntarily, further degrading the quality of the union’s services.

Even more troubling, if fair share fees are prohibited, resentment and internal strife will arise between those who continue to pay the fees and those who refuse. This would undercut a primary benefit of bargaining — labor peace and a sense of shared purpose.

Speaking as a parent, this raises a serious concern: who wants to send their child to a school where there is an undercurrent of bitterness between teachers and administrators that will certainly carry over into the classroom?

It is easy to see the appeal of those opposing agency fees. No one wants to see more money going out of their paycheck. The union-as-bogeyman mentality is pervasive. Moreover, in my experience, some teachers (especially the newer ones) do not recognize the hidden benefits to bargaining contracts.

But, obvious or not, agency fees help promote a stable workplace that allows teachers to concentrate on their primary responsibility: their students. Removing the key ingredient threatens this balance.

Mark Paige is a former school teacher and school law attorney who represented school districts in New England. He is currently an associate professor of public policy at the University of Massachusetts – Dartmouth.

First Person

I’ve spent years studying the link between SHSAT scores and student success. The test doesn’t tell you as much as you might think.

PHOTO: Photo by Robert Nickelsberg/Getty Images

Proponents of New York City’s specialized high school exam, the test the mayor wants to scrap in favor of a new admissions system, defend it as meritocratic. Opponents contend that when used without consideration of school grades or other factors, it’s an inappropriate metric.

One thing that’s been clear for decades about the exam, now used to admit students to eight top high schools, is that it matters a great deal.

Students admitted may not only receive a superior education, but also access to elite colleges and eventually to better employment. That system has also led to an under-representation of Hispanic students, black students, and girls.

As a doctoral student at The Graduate Center of the City University of New York in 2015, and in the years after I received my Ph.D., I have tried to understand how meritocratic the process really is.

First, that requires defining merit. Only New York City defines it as the score on a single test — other cities’ selective high schools use multiple measures, as do top colleges. There are certainly other potential criteria, such as artistic achievement or citizenship.

However, when merit is defined as achievement in school, the question of whether the test is meritocratic is an empirical question that can be answered with data.

To do that, I used SHSAT scores for nearly 28,000 students and school grades for all public school students in the city. (To be clear, the city changed the SHSAT itself somewhat last year; my analysis used scores on the earlier version.)

My analysis makes clear that the SHSAT does measure an ability that contributes to some extent to success in high school. Specifically, a SHSAT score predicts 20 percent of the variability in freshman grade-point average among all public school students who took the exam. Students with extremely high SHSAT scores (greater than 650) generally also had high grades when they reached a specialized school.

However, for the vast majority of students who were admitted with lower SHSAT scores, from 486 to 600, freshman grade point averages ranged widely — from around 50 to 100. That indicates that the SHSAT was a very imprecise predictor of future success for students who scored near the cutoffs.

Course grades earned in the seventh grade, in contrast, predicted 44 percent of the variability in freshman year grades, making it a far better admissions criterion than SHSAT score, at least for students near the score cutoffs.

It’s not surprising that a standardized test does not predict as well as past school performance. The SHSAT represents a two and a half hour sample of a limited range of skills and knowledge. In contrast, middle-school grades reflect a full year of student performance across the full range of academic subjects.

Furthermore, an exam which relies almost exclusively on one method of assessment, multiple choice questions, may fail to measure abilities that are revealed by the variety of assessment methods that go into course grades. Additionally, middle school grades may capture something important that the SHSAT fails to capture: long-term motivation.

Based on his current plan, Mayor de Blasio seems to be pointed in the right direction. His focus on middle school grades and the Discovery Program, which admits students with scores below the cutoff, is well supported by the data.

In the cohort I looked at, five of the eight schools admitted some students with scores below the cutoff. The sample sizes were too small at four of them to make meaningful comparisons with regularly admitted students. But at Brooklyn Technical High School, the performance of the 35 Discovery Program students was equal to that of other students. Freshman year grade point averages for the two groups were essentially identical: 86.6 versus 86.7.

My research leads me to believe that it might be reasonable to admit a certain percentage of the students with extremely high SHSAT scores — over 600, where the exam is a good predictor —and admit the remainder using a combined index of seventh grade GPA and SHSAT scores.

When I used that formula to simulate admissions, diversity increased, somewhat. An additional 40 black students, 209 Hispanic students, and 205 white students would have been admitted, as well as an additional 716 girls. It’s worth pointing out that in my simulation, Asian students would still constitute the largest segment of students (49 percent) and would be admitted in numbers far exceeding their proportion of applicants.

Because middle school grades are better than test scores at predicting high school achievement, their use in the admissions process should not in any way dilute the quality of the admitted class, and could not be seen as discriminating against Asian students.

The success of the Discovery students should allay some of the concerns about the ability of students with SHSAT scores below the cutoffs. There is no guarantee that similar results would be achieved in an expanded Discovery Program. But this finding certainly warrants larger-scale trials.

With consideration of additional criteria, it may be possible to select a group of students who will be more representative of the community the school system serves — and the pool of students who apply — without sacrificing the quality for which New York City’s specialized high schools are so justifiably famous.

Jon Taylor is a research analyst at Hunter College analyzing student success and retention. 

First Person

With roots in Cuba and Spain, Newark student came to America to ‘shine bright’

PHOTO: Patrick Wall
Layla Gonzalez

This is my story of how we came to America and why.

I am from Mallorca, Spain. I am also from Cuba, because of my dad. My dad is from Cuba and my grandmother, grandfather, uncle, aunt, and so on. That is what makes our family special — we are different.

We came to America when my sister and I were little girls. My sister was three and I was one.

The first reason why we came here to America was for a better life. My parents wanted to raise us in a better place. We also came for better jobs and better pay so we can keep this family together.

We also came here to have more opportunities — they do call this country the “Land Of Opportunities.” We came to make our dreams come true.

In addition, my family and I came to America for adventure. We came to discover new things, to be ourselves, and to be free.

Moreover, we also came here to learn new things like English. When we came here we didn’t know any English at all. It was really hard to learn a language that we didn’t know, but we learned.

Thank God that my sister and I learned quickly so we can go to school. I had a lot of fun learning and throughout the years we do learn something new each day. My sister and I got smarter and smarter and we made our family proud.

When my sister Amira and I first walked into Hawkins Street School I had the feeling that we were going to be well taught.

We have always been taught by the best even when we don’t realize. Like in the times when we think we are in trouble because our parents are mad. Well we are not in trouble, they are just trying to teach us something so that we don’t make the same mistake.

And that is why we are here to learn something new each day.

Sometimes I feel like I belong here and that I will be alright. Because this is the land where you can feel free to trust your first instinct and to be who you want to be and smile bright and look up and say, “Thank you.”

As you can see, this is why we came to America and why we can shine bright.

Layla Gonzalez is a fourth-grader at Hawkins Street School. This essay is adapted from “The Hispanic American Dreams of Hawkins Street School,” a self-published book by the school’s students and staff that was compiled by teacher Ana Couto.