Last Friday, the California Second District Court of Appeals ruled
in favor of the LA teachers’ union and voided a settlement that buffers
high-poverty schools in LA Unified School District from layoffs. The
settlement remains in effect pending ACLU’s appeal to the state’s
Supreme Court.
Here are some things to keep in mind about this
case, which has big implications for the state’s law mandating
reverse-seniority layoffs (“LIFO”) and for the overall effectiveness of
LAUSD’s teachers:
- What triggered the suit that led to the
settlement was the devastating impact budget-induced layoffs had on
three of LAUSD’s poorest schools. In 2009, these schools let go of more
than half their teachers and had to bring on substitutes to teach
classes. Schools in more affluent neighborhoods went largely unscathed
that year.
- The LA teacher contract magnified the impact of
reverse-seniority layoffs on high-poverty schools. Its provisions
mandate that the order in which teachers are let go is set district-wide
and not by school, as state law allows. In 2009, LA’s poorest schools
tended to have significantly more inexperienced teachers than average,
which meant that they had to absorb the biggest share of layoffs.
- Ironically
enough, by 2011 the two rounds of large-scale layoffs had already taken
such a toll that the quartile of schools with the highest poverty had a relatively low percentage of first- and second-year teachers — slightly lower even than schools in the top quartile of family income.
- The settlement completely exempted 45 of the highest poverty schools from layoffs. But another 153 schools in the lowest quartile of family income were not given blanket immunity.
- The settlement ensured that no school could be hit with more layoffs than average for the district.
- An EdTrust-West analysis of
LAUSD’s layoffs in 2009 and 2010 showed that there was very little
overlap between the teachers who actually were laid off and those who
would have been laid off in reverse order of effectiveness. In 2009, for
example, the typical teacher who would have been laid off in this
hypothetical model got the equivalent of five fewer months of instructional gains for her students in math than the average teacher in the district.
Arthur McKee is the Managing Director of NCTQ’s Teacher Preparation Studies. Prior to joining NCTQ he worked at CityBridge Foundation, a
family foundation dedicated to creating and sustaining great public
schools in Washington DC. Arthur also has a PhD in Russian history—he studied the effects of vodka drinking.