Monthly Archives: June 2018

Janus: Thoughts from an Association Leader and a Self Proclaimed Supreme Court Nerd.

On Wednesday, the Supreme Court of the United States (SCOTUS for us Supreme Court watchers) released their opinion on the case of Janus v. American Federation of State, County, and Municipal Employees, Council 31.  For the majority and dissenting opinions visit: https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf.

Janus, as it’s popularly known, reverses an earlier decision (Abood v. Detroit Board of Education) made by the Court in 1977.  In Abood, the Court ruled that a public sector union could charge an agency fee to any person who decided not to be a member of the public sector union.  This fee is charged for the work that the union does on behalf of all of it’s represented population, not just it’s members. For example, when I, a local association president, go in to negotiate our  collective bargaining agreement (CBA) with the school district, that CBA addresses the work environment, compensation, and benefits for all teachers, counselors, school psychologists, instructional coaches, etc.. not just the dues paying members of the union.  This fee provides our local union officers compensation for the work that we do on behalf of the fee payer. In Washington State, agency fee payers can complete paperwork asking for reimbursement for any of those fees that have not been spent on their behalf but paid out for/toward activities/benefits that only members of the association can access (such as members only scholarships).

This isn’t the first time a case has come to the Court on this issue. Two years ago I wrote about the Frederich case here https://storiesfromschool.org/understanding-the-frederich-case/. This might help break down the challenges to a case like this and address some legal lingo associated with Janus, as well.  The Court ruled 4-4 in Frederich (Associate Justice Scalia had recently passed away and his seat remained vacant, hence only 8 members of this court).

So, two years later, with a Court of nine, the question posed in Janus is whether requiring an individual to pay the agency fee to a union is a violation of the individual’s First Amendment right to free speech.  The argument made by Janus and ruled by the majority of the Court (5-4) was that Janus’s requirement to pay the fee to a public sector union represents his agreement with speech that he may not condone.  Therefore his right to free speech was infringed upon by having to pay the agency fee.

So, on Wednesday, the Supreme Court issued their opinion and here’s what it boils down to:

  • Agency fee payer status does not exist in public sector unions.
  • Some teachers may choose to no longer become members because they want to save some money.
  • Those non members have lost a right to union representation (including legal representation) in any disciplinary meeting unless (according to footnote 6 on page 22 of the decision) the nonmember asks for representation by the union. Then, the union may charge a fee for that grievance procedure.
  • Fewer local dollars coming into the local union ultimately means fewer funds available to do the work.  

Why is this of concern?  Well here’s what our local association does:

  • We provide 3 scholarships to local graduating seniors.
  • We provide money in the form of grants to support classroom teachers. Our teachers use this to buy library books, guitar strings,  classroom snacks, materials, calculators, copy paper, student novels, etc…
  • We provide scholarships to our members.  This has purchased: robots for student use, guitars, attendance at college classes, and professional development at our local ESD.
  • We provide dinners and refreshments for evening parent teacher conferences so teachers can be fed when they have to stay at school late.
  • We bargain benefits, work environment, employee rights, and now, salaries.

These dollars support teaching and learning 

It’s not that I can’t see the argument held by the Majority in Janus. I’m an AP Government teacher who teaches civil liberties and the judicial process to my students each year. While it might be a fair argument to make, as a government and politics teacher, I learned a long time ago to see competing arguments as just that.  As a teacher and advocate for civic engagement, I instead encourage my students to embrace questions instead of opinions. So here are my questions:

  • What will bargaining look like now?
  • Will our local members remain committed to one another?

And here’s the big question:

  • Will our association continue to serve as a beacon of teacher leadership and strong student advocacy if resources are depleted?

Setting the Stage for Learning

“Mommy made me mash my M&M’s,” trills from the nervous troupe of twenty-five on the stage. Kindergarten to high school, these children are all warming up their voices for this summer’s presentation of “Alice in Wonderland” to be presented at our community theater. It is an all-children production; children will be acting, building sets, running lights and generally spending their summer months of June and July busily learning the art of theater. Wow! It is a whirlwind of creativity and intense focus!

I sit in the seats and watch the artful director as she manages her cast and the chaos about her. She is a natural and is adept at bringing out talent in her students. She is trained. She is skilled. She is volunteering.

Who knows who might be on the stage in front of me; the next Bette Midler (cleverly disguised as the girl who is constantly poking the boy next to her and giggling) or James Dean, who sits nonchalantly at the edge of the stage taking it all in, coolly removed from the preparation of it all and yet, on cue, his voice solos a piece that draws you deeper into the play. Each child is actively discovering and shining their own diamonds in the rough.

I want this moment in my classroom; this theater, this drama, this drawing out of students’ talent. Butand yet

But, I do not have the skills nor the training to finesse such a dynamic. I can clearly see the skill set the director before me has on display. It is a different type of with-it-ness than what I use in the classroom. It is an odd blend of “more loose” and yet more commanding. She knows how to spatially place her players and what will and will not work onstage. Her visions are grandiose. She makes bold statements of how a scene will play and I think, “What? They can’t do that. It is too complicated.” And yet, as if by the magic of the theater, the action takes almost immediate form on stage. She is skilled and gifted in theater. Neither of these are traits I possess.

And yet, it is clear that our state has fully embraced requiring schools to provide these opportunities for self-expression in the form of theater, dance, music, and the visual arts. As of 2017, we have adopted new Arts Learning Standards. These standards are being assessed in-district, using OSPI developed assessments. As a school, we recently completed a school accountability survey set forth by the Office Superintendent of Public Instruction of what we are currently offering our students in the Arts. How many hours are we providing per week? Who is providing the instruction? As a staff, in a small rural school, we often have to be very creative in how we make these experiences happen for our students.

Should schools require the arts to be taught in school? YES! According to the Dana Foundation, the Arts increases attention skills, spatial skills and motivation. Not only do these contribute to an increase in reading and math test scores, they impact a person’s entire life beyond academics. The ability to pay attention, to see connections in space relative to themselves or between concepts, and a desire to go and do? These are basic foundational needs that all learners need in order to be successful in their lives beyond school.

Should the state provide funding for teaching the arts? YES! Currently, there is not funding allocated specifically for the instruction of the Arts at the elementary school level. Our school supports our Arts Program through fundraising and grant writing. These tasks are often placed on the shoulders of our staff. Both of these are time-intensive tasks that take away from the education of students. It should not be this way.

Why do the Arts even matter? The answer to this could – and has – filled many a book. For me, on this sunny summer morning, the answer is in the awkward teen whose entire demeanor changes as he sets foot on the stage – shoulders lifted, a broad smile; he is in his element. His voice rolls forth in a solid sound, “Mommy made me mash my M&M’s!” So silly…so freeing…so theatrical! His face is one of newly found confidence; a new found self.

The power of art to not only to express who you are, but to learn who you are.

Thinking about Feedback

In the last few weeks of school I was admonished by two students from different classes, and different schools actually, about the feedback I’d given them on their writing. There was not enough, basically, is what they both said.

I don’t disagree with them.

I remember the power of teacher feedback when I was in high school, and college. In fact, my graduate program did not give out letter grades. Each semester our professor/mentor/writing guru would write a half-to-full page review of our work. I was not alone pacing in the vestibule before the wall of student boxes afraid to pick up that powerful envelope, open it, and read what those professors said about me and my writing.

And that was after a semester of generous feedback. My whole master’s degree program was modeled on writers in conversation about their work and the great writers of the world.

As a professional I have read Nancy Sommers’ Harvard study, Stanford’s information on how to improve student writing through feedback and many other sources.

I get it.

Currently I teach four different English courses across seven sections, and they are all writing intensive. I love it and I don’t want a different course load. But there are realities I must face with this course load, like the amount of hours I can remain awake. And I don’t need much sleep.

I have rubrics designed to give as much feedback as a rubric can with the circling of a box. I hold individual student conferences, a few times a semester because I can say more than I can write, and I strive to, at bare minimum, note something working and something not working in a piece of writing so students can give it attention and amplify it or rework it. I think that works. And I know for a fact there are weeks and, sometimes months, where I do this really, really well, and there are weeks or months where I do not do this very well.

Here is what I am thinking about, offering up, and plan on working on next year: the way students ask questions about their writing. The students who questioned my level and quality of feedback had a legitimate concern. I looked back at their documents and remedied the problem by offering feedback and asking them multiple questions. I don’t mind doing that. But what has stuck with me most in the exchange is the fact that these writers (these student writers—though I’d argue we’re all student writers) did little more than complain about a lack of comments and never engaged with their own work at any level.

If a student won’t engage with their own work beyond, “is this good?” or “what’s wrong with this?” or “I need your feedback to reach my full potential,” then one problem in my classroom is not my feedback or lack of feedback, but the way these writers are engaging with their work. I have not taught them how to ask questions about their own writing. Good writers are good tinkerers. They always look at their work from one direction, then another direction, delete something, add it back in, re-arrange, etc. I need to find ways to foster that mentality in students. I never know if a piece of writing is “good,” and I know for sure I have nothing to do with a student’s “full potential.” Those, of course, are things they must work out for themselves.

I read interviews with writers obsessively, and can say with some confidence that the majority of great writers will acknowledge that the quality of a piece is ultimately measured by the writers’ internal satisfaction with it, with the knowledge they’ve done everything they can and it is time to abandon the work. What the world does or does not do with it is, well, up to the world. All artists know this.

Therefore, the writers I know and share my work with have conversations about our writing that center around language such as, “I’m having a problem with the ending….” Or “is the tone off in the third paragraph?” or “do you believe this character?” or “dear god, I can’t think about commas any longer, but I’m sure some of the commas are off in this, could you take a look?” The point is the questions are specific and come from a perspective of deep engagement with the piece of writing.

That is my new teaching focus in writing instruction. How do I foster attention (beyond telling them to pay attention to their language and to ask specific questions, which I’ve done for years) in a student writer?

Good thing I have some time to think about it.

Shelton’s Evergreen Elementary: A Dual-Language Model

The Office of the Superintendent of Public Instruction recently convened a task force for the purpose of expanding dual language programs in our state for all students. Should the initiative get traction and be implemented throughout our state, this would make dual language available across our state. All students would have access to instruction in two languages. As an English language educator and the parent of a child in the Spanish Immersion program in Spokane, the prospect of dual language rolling out for all students is exciting. The benefits of bilingualism are countless, including expanded job opportunities and brain function.

Few districts in our state currently provide dual language programs. However, there are a few ahead of the game and can serve as prime examples of what dual language can look like and accomplish. Pasco school district has a robust bilingual program which particularly supports their Spanish speaking English Language Learners. They are working on expanding to all students. Seattle public schools also has several dual language programs in multiple languages and there are successful programs in Burlington and Mt. Vernon. 

One program in particular, though, serves as a model for the potential outcomes of successfully implementing dual language throughout a school – Evergreen Elementary School in the small district of Shelton, Washington. Evergreen elementary school implements a 50/50 model, in which students have instruction in both English and Spanish every school day, across all subjects. This is a key piece to the program. Students have access to academic language for every subject, which is essential to gaining true biliteracy. Additionally, Evergreen serves students from pre-k through 5th grade and has shown tremendous growth in all students. 

Under the new Every Student Succeeds Act which measures academic growth, Evergreen is a Tier 1 school, outperforming the other two elementary schools in the Shelton school district in academic growth for Hispanics, whites, students of poverty and English Language Learners. In addition, Evergreen has the highest transition rate for English Language Learners. This success is based on data from 2014 to 2017 (See data link below).

An additional impact of the program has been a positive effect on attendance. In Shelton, Evergreen has the highest attendance rate for the whole district at 94.4%. Students are not only learning content and language, but also learn to value school. They enjoy being at Evergreen and are so engaged in their classes and connected with their teachers and one another that they want to go to school every day.

I had the pleasure of meeting the pre-school teacher, Celia Butler. She is from Columbia. Her passion was clear from the moment I walked into her classroom and her connection with her students was inspiring. She greeted her students in English and in Spanish and had a room rich in color and in language. Each tiny student who came in, greeted their teacher with “Good Morning” and a hug. There was love in her classroom – an uplifting community to get them started on there journey through school. This classroom is representative of all the classrooms in this school. This in and of itself shows the community and engagement in a dual language environment. 

I am anxious to see what comes out of the OSPI task force for dual language. With such tremendous programs, like Evergreen elementary, with its excellent student outcomes, the Office of the Superintendent has good examples to draw from in developing the initiative as it rolls out across the state. One of my English language learning colleagues, Amy Ingram, is a member of the Task Force. I’ll be following Amy’s blog, as she documents the work of the task force. Particularly, how it will work in concert with existing English language learning programs and its potential positive impact on recruiting bilingual and diverse educators. 

Check out Evergreen Elementary’s date:

http://reportcard.ospi.k12.wa.us/SchoolIndex_2018.aspx?groupLevel=District&schoolId=1&reportLevel=State&yrs=2016-17&year=2016-17

(The report is on the OSPI Report Card site.  You have to press New WA School Improvement Framework, and then go into the SIF Data Display tab, and click on district and school.)