Vergara appeal (or not) divisive issue for Torkalson and Tuck

torlakson and tuck vergara

Tom Torlakson (left), Marshall Tuck (right)

* UPDATED

The lower court’s final ruling in the Vergara case has pushed it into the race for State Superintendent of Public Instruction as the latest proxy fight between supporters of reform and protectors of the status quo.

Tom Torlakson, the incumbent, is urging the state to appeal.

Marshall Tuck, the challenger, is urging the state not to appeal.

“While the statutes in this case are not under my jurisdiction as state Superintendent, it is clear that the Court’s ruling is not supported by the facts or the law,” Torlakson said in a statement today. “Its vagueness provides no guidance about how the Legislature could successfully alter the challenged statutes to satisfy the Court. Accordingly, I will ask the Attorney General to seek appellate review.”

Earlier today, Tuck put out his own statement, saying, “Now that the Vergara ruling is official, my opponent State Superintendent Tom Torlakson and other Sacramento insiders should do the right thing for California kids and drop any plans to appeal the ruling.”

Efforts to learn what California Attorney General Kamala Harris intends were not immediately successful. The state has until Oct. 27 to file an appeal. (The LA Times reported Saturday that the state filed an appeal on Friday.)

Superior Court Judge Rolf Treu‘s final ruling in Vergara vs. California, released yesterday, affirmed his decision in June that five California laws governing teacher tenure, seniority and dismissal violate the state constitution by denying students access to a quality public education.

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Romero pressing for LAUSD hearing on ‘trigger’ waiver

Gloria Romero, former CA State Senator

Gloria Romero, former CA State Senator

Gloria Romero, the former state senator who authored the California Parent Trigger law is asking LA Unified board president Richard Vladovic to schedule a public discussion on the district’s legal opinion that the law does not apply this year.

District lawyers say the Federal waiver granted LA Unified and seven other California school districts, allowing them to to create their own metrics for academic performance in the temporary absence of statewide standards, sets the law aside.

“Of course, I dispute the legal interpretation and I am in the process of seeking a state opinion on the matter,” she wrote to Vladovic. “Nothing that I have seen lends support to the legal opinion of LAUSD.”

She adds that none of the other districts granted a waiver has made such an interpretation.

Vladovic’s chief of staff, Chris Torres, said in an email that Vladovic intends to help arrange to put her request on the agenda of a future meeting.

The district’s legal interpretation is important, so far as parent groups who want to enact changes this year through the state law, which permits parents to initiate action at their children’s school if they can secure signatures from a majority of school parents.

The district is contending that without state-approved metrics for measuring academic performance while Common Core testing is phasing in, the law cannot apply because action through Parent Trigger requires two years of data to show a school is failing.

In her letter, Romero questions several aspects of the district’s decision, including whether the board was aware of such an exemption and why the legal decision was made without public discussion or announcement.

She also asks Vladovic that if the district was certain in its legal analysis, why did the district negotiate with parents at West Athens Elementary School for changes in exchange for their assurance not to use the Parent Trigger law, when in the absence of the law, the parents would have had no such leverage.

Finally, she asks, “Perhaps even more importantly — how could a District simply erase away a law and make a pact to keep this information away from the public?

Morning Read: Aquino defends his role in LAUSD iPad contract

Ex-LAUSD official denies steering contract to former employer
The former Los Angeles schools official under scrutiny for his role in the district’s $1.3-billion iPad program defended himself Thursday, saying that he did not improperly steer the contract to a company that once employed him. LA Times


LA schools iPads: Bid committee got free tablets, resort trips
Los Angeles Unified officials who evaluated bids for its massive technology project received iPads from Pearson, met with a Pearson software executive and attended a weekend sales pitch for that software — all ahead of the public bid process, documents show. KPCC


Judge sets up battle over teacher protections
A Los Angeles judge on Thursday affirmed a tentative June ruling that struck down five laws governing job protections for teachers in California. Politico


Single word at heart of regulatory debate
The State Board of Education next week will consider and possibly settle a debate over one word in the proposed final regulations for the Local Control Funding Formula. Edsource


Last-minute effort to enhance early learning educators
As part of a larger effort to give more of the state’s youngest residents a strong start in school, lawmakers want to offer up to $25 million toward training preschool and early-kindergarten teachers to better meet their needs. S&I Cabinet Report

JUST IN: Vergara ruling stands, judge rules in final review

Judge Rolf Treu affirm vergara decisionThe judge in Vergara vs. California today released his final review of the case, affirming his preliminary decision in June, that five state statures governing teacher employment rules violate the California constitution by denying students access to a quality public education.

In his final ruling, filed yesterday, Judge Rolf Treu, said, “plaintiffs have met their burden of proof on all issues presented.”

The decision effectively starts the clock for the defendants — the state and its two largest teachers unions, which joined the case — on whether to appeal. They have 60 days to decide.

Jim Finberg, a San Francisco-based lawyer who represented the unions — the California Federation of Teachers (CFT) and the California Teachers Association (CTA) — told LA School Report that the unions fully intend to appeal “and I fully anticipate that the state will appeal also.”

Treu’s ruling stops with his interpretation of the laws that involve tenure, dismissal and layoffs, leaving the ultimate remedy to the California legislature.

As he said in his decision, “All the court may do is apply constitutional principles of the law to the Challenged Statutes as it has done here, and trust the legislature to fulfill its mandated duty to enact legislation on the issues herein discussed, that passes constitutional muster, thus providing each child in this state with a basically equal opportunity to achieve a quality education.”

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LA Unified attempting to restore early childhood programs

Early Childhood Programs LAUSD* UPDATED

LA Unified is rebuilding early-childhood education programs that were nearly decimated throughout the bleak recession years, investing an additional $30 million through 2016-2017.

In a 6-1 vote Tuesday, the school board agreed to create a pathway for returning funding for the district’s three to four-year-olds, to levels not seen since 2007. By 2012 the budget had been severely reduced with the entire program facing extinction.

The resolution, crafted by board member Bennett Kayser, allocates more than $4.5 million in the current school year to open more slots for students and possibly re-open a handful of shuttered school sites. Another $14 million will be restored in 2015-2016 and $20 million in 2016-2017.

“Funding early education is a proven ‘reform’ that pays direct dividends to our children and community,” Kayser told LA School Report. “Investing on the front-end is always better than trying to do remedial efforts later. I want to thank the LAUSD employees who took furlough days to save the early education program a few years ago. With my motion, we have at best restored funding to 2007-2008 levels; we still need so much more investment early education.”

But Tamar Galatzan, who cast the lone dissenting vote, worries that the money is not guaranteed and the shape of the program is undefined.

“With this resolution, we’ve committed to spend $14 million next year and $20 million more the year after that on early-childhood education without knowing what programs are the most effective or whether those are appropriate amounts to achieve our goals,” she told LA School Report. “We’re counting on this money to come from the feds and the state through competitive grants, so there’s no certainty that we’ll actually get it. If we don’t, we’ll have to pull that money from other programs. Those are going to be difficult decisions to make.”

Educators agree that children in low-income households, who are least likely to attend early education programs, lose ground to their middle class peers by kindergarten. Studies show that gap only widens as they advance through elementary school and can have an effect well into adulthood.

Kayser’s plan also directs the district’s Early Education Division to use the current school year to identify and prioritize early education sites that would most benefit from additional resources once the additional disbursements kick in.

Early education programs at elementary schools with low third grade reading scores that are farthest from an existing early education site will jump to the top of the list for funding along with elementary school with high-concentrations of English Learners and children in foster care. Also, schools with persistent wait lists and located in distressed neighborhoods will get access to resources sooner.

“This is a ground-breaking moment because LAUSD’s resolution represents the largest single investment by a school district in early education in the last decade, as well as the first large-scale investment in early education that includes Local Control Funding Formula dollars,” Kim Patillo Bronson, Director of Educational Equity for the Advancement Project, said in a statement released by the district. “We believe that the achievement gap is a preventable tragedy. We commend LAUSD and Board member Kayser for their bold leadership in investing in a proven prevention strategy: high quality early education.”


*Adds comment from Kim Patillo Bronson

 

McKenna has filed to seek LAUSD board seat again in 2015

George McKenna files for next district 1 election

George McKenna, Board Member representing District 1

While George McKenna remained relatively quiet at his first board meeting this week, he has spoken loudly on one issue: He intends to run again for the District 1 seat next year.

Records show that he filed a Declaration of Intent To Solicit And Receive Contributions with the City Ethics Commission last week, a move that makes him eligible to raise and spend money on a re-election campaign next year.

In defeating Alex Johnson two weeks ago, McKenna won the right only to serve out the four-year term of Marguerite LaMotte, who died in office last December. By LA Unified custom, terms are up every other odd year, with districts 1, 3, 5 and 7 up next year and districts 2, 4 and 6 up again in 2017.

For the moment, McKenna has one opponent, Daymond Johnson, who declared his intention to run days before LaMotte died. He has since said that if he believes McKenna is doing a good job, he would withdraw.

McKenna, meanwhile, has more than $17,000 in cash remaining from his just-completed campaign and more than $21,000 in debts. By law, he must repay vendors owed money and offer to return campaign contributions, as part of working down to a zero balance.

Under no circumstances, according to law, can he use the money for his 2015 campaign.

Previous Posts: Another Johnson (Daymond) lining up for LAUSD District 1; Breaking News: McKenna wins election to LAUSD board; McKenna sworn in as LAUSD board’s seventh member

LAUSD moving slowly on older school earthquake retrofits

Earthquake preparedness LAUSDWith last weekend’s 6.0 earthquake in Napa County as the latest reminder of the need for earthquake preparedness, LA Unified is progressing slowly in retrofitting school buildings deemed vulnerable.

In accordance with a state law known as AB 300, the district in 2006 conducted a seismic evaluation and identified 667 buildings constructed before 1976 that required possible retrofits to withstand a big earthquake. The buildings were ranked by priority, looking at three risk factors: age, type of construction and proximity to an earthquake fault.

Since the list was released, only 17 buildings on school sites have been retrofitted to protect against earthquakes. Currently, 15 buildings on 10 school sites are in the design phase, meaning that experts are determining the scope of a retrofit or whether the building needs to be torn down and rebuilt.

“This is a further study of our priority buildings. Those are the ones within two miles of a known fault,” Roger Finstad, LAUSD’s director or maintenance and operations told LA School Report.

The survey of buildings begins with a seismic evaluation, which could take up to a year, followed by the design phase and finally the actual retrofit or upgrades.

Diana Friend, whose nine-year-old son attends West Hollywood Elementary, a school on the list of buildings in need of a retrofit, said the Napa earthquake made her think more about her child’s safety.

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LA Unified board approves hiring of Aquino replacement

Ruth Perez LAUSD

Ruth Perez

Among the non-iPad and MiSiS issues before the LA Unified board yesterday was approving the hiring of Ruth Pérez as the deputy superintendent of instruction.

The vote was 6-0, with Monica Ratliff abstaining.

Most recently superintendent of  Norwalk-La Mirada school district, Perez has also served as a teacher and administrator in Florida and as chief academic officer for the Charlotte-Mecklenburg public schools in North Carolina.

“I look forward to working with her in moving this District forward,” board President Richard Vladovic said in a statement issued by the district.

Perez is expected to start her new position in mid-September, effectively replacing Jaime Aquino, who left the post last December.

Aquino, now Executive Vice President of Strategy and Innovation for the non-profit New Teacher Center, remains connected to LA Unified through new questions over his role in the district’s contracts with Apple and his previous employer, Pearson. 

Previous Posts: LA Unified names Ruth Perez as successor to Aquino; Casillas replacing Jaime Aquino as interim Deputy of Instruction; LA Unified Begins Job Search to Replace Jaime Aquino

The Ratliff report: one view of the iPad program gone awry

Monica Ratliff LAUSD school board meeting 8.26.2014

Monica Ratliff, District 6 Board Member

It’s long. It’s detailed. And it’s dry.

But here it is, LA Unified board member Monica Ratliff’s report to her colleagues on the work of The Common Core Technology Project Ad Hoc Committee. She was chair.

By now, most people know the iPad program didn’t go swimmingly, leading Superintendent John Deasy to suspend it this week and reopen a bid process that would continue the effort to get digital devices to all 650,000 district students.

In her report, which she alone wrote, Ratliff offers recommendations for how to avoid problems in the future. And just what happened this time? In short, she concludes, the district messed up. Big time.

LAUSD charters extending lead in academic performance

Charter schools API chart LAUSD

Source: California Charter Schools Association

*UPDATED

A new report by the California Charter Schools Association shows a growing gap between the overall school performance of traditional schools and charter schools in LA Unified.

The report — Portrait of the Movement — says LA Unified charter schools, on average, produce stronger test results than traditional schools in the district. The data shows that charter school median API scores have been on a steady rise over the last six years, gradually expanding the difference over the other schools.

The report covers a five-year period between the 2007-2008 and 2012-2013 school years. A three-point difference in the median API score for charters and traditional schools in 2007-2008 grew to 47 over the five years, as the median API score for traditional scores slipped in the final year.

The charter association said the trend represents just one aspect of the charters’ overall achievement.

“The gap doesn’t just exist on one measure, the gap exists on a host of other measures across a spectrum of performance, whether you look at graduation rates, college readiness data or this particular data,” Elizabeth Robitaille, Senior Vice President, Achievement and Performance Management, told LA School Report.

She said this gap is likely to get bigger as more students in LAUSD start attending top performing charter schools.

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For LAUSD school board a new year, but old problems

Alex Caputo-Pearl UTLA LAUSD school board meeting

Alex Caputo-Pearl, President of UTLA

It might be the new school year, but it was a series of old problems awaiting the LA Unified school board yesterday as it met long into the night with a full complement of seven members for the first time in eight months.

After the swearing in of newly-elected District 1 member George McKenna, a closed session ran 2 1/2 hours late before the board emerged for an open session and spent the first hour grilling administrators about the anything-but-smooth implementation of the district’s latest student tracking system, known as MiSiS.

For the first time in public, the officials acknowledged that mistakes — seen and unforeseen — had plagued a rollout that began in June, causing “frustration, pain and suffering in our schools,” as described by Ron Chandler, the districts Chief Information Officer.

“This was not what we expected; it’s not what our students deserve,” said Matt Hill, LA Unified’s Chief Strategy Officer, who had the final say in putting the new system online. “We knew there’d be some issues, but not of this magnitude.”

MiSiS, which stands for My Integrated Student Information System, represents the final stage of a 10-year process for upgrading systems that allow administrators to enroll students in schools, make class assignments, and allow teachers and parents to track student progress.

Criticism of its flawed implementation echoed the response to the district’s iPad rollout last year — more on that later — particularly by the leadership of the teachers union, which has blamed the system for disrupting the first weeks of school for thousands of students.

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LIVESTREAM: First LAUSD school board meeting of the year

LAUSD livestream

Click this picture to watch the livestream of the meeting

The LA Unified Board meeting reconvenes today with a full compliment of members. The board now includes a representative from District 1, George McKenna, who was sworn in earlier in the day. He is replacing the late Marguerite LaMotte.

Among the items for discussion are a review of the district’s labor contracts, a handful of procurement issues and and a vote to affirm the potential revocation of charters for Magnolia Academy 6 and Magnolia Academy 7.

The board voted to close the schools over financial improprieties in June, but a court ruled they could stay open, on the condition of meeting certain criteria. The board is voting to make official its position on revocation.

The board is also planning to approve new committee chairs and set forth meeting schedules.

For the livestream of the meeting, click here.

For meeting agenda, click here, and board materials, here.

McKenna sworn in as LAUSD board’s seventh member

George McKenna sworn into office LAUSD district 1George McKenna, third from left, officially became the seventh member of the LA Unified school board today, representing District 1, after he was sworn in by Rev. Jesse Jackson, left.

Congresswoman Maxine Waters, second from left, and Danny Bakewell, publisher of the LA Sentinel, far right, also participated in the brief ceremony, which preceded the board’s first meeting of the new school year.

Describing the ceremony as “an emotional experience for me,” McKenna said, “I take this oath more seriously than any other oath I’ve taken.”

Deasy puts Apple deal on hold, starts new bidding process

Deasy cancels ipad contract*UPDATED

LA Unified Superintendent John Deasy told members of the school board yesterday that he is halting the district’s contract with Apple, Inc., effectively ending his grand plan to put an iPad in the hands of every district student.

Following the disclosure of emails that suggest he and aides had tailored the bid process to favor Apple and the software maker, Pearson, when the district was seeking proposals for digital devices, Deasy said the district would reopen the bidding to take advantage of a changing marketplace and student needs.

In his letter to board members, who are meeting today, Deasy said “Moving forward, we will no longer utilize our current contract with Apple Inc.” He explained the decision in adding, “Not only will this decision enable us to take advantage of an ever-changing marketplace and technology advances, it will also give us time to take into account concerns raised surrounding the CCTP and receive new information from the California Department of Education regarding assessments.”

CCTP stands for Common Core Technology Project, the district’s over-arching plan to supply and distribute digital devices to students. A committee headed by board member Monica Ratliff was appointed last year to oversee its implementation. It was after her draft report leaked was to media outlets last week that emails were disclosed, showing that Deasy and his deputy at the time, Jaime Aquino, exchanged ideas that appeared to some that the district was rigging the process to favor Apple and Pearson.

The original plan was for the devices to be rolled out in phases as part of a $1 billion spend. By his action yesterday, it will go no further than iPads delivered to 52 schools and laptops to 18,000 students under the existing contract, he told the members.

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Breaking News: Deasy says he’s cancelling iPad program

Los Angeles Times logoVia Los Angeles Times | By Howard Blume

Los Angeles schools Supt. John Deasy canceled the $1-billion program to provide all students with an iPad after public records showed he and his top deputy had developed a relationship with the vendors two years prior to the bidding.

Recently released emails showed that Deasy and his then-deputy, Jaime Aquino, began meeting and corresponding with top Apple and Pearson executives and discussing the effort to give all students, teachers and administrators an iPad.

The superintendent sent the Board of Education a letter Monday informing members of his decision. The superintendent was coming under mounting criticism over the emails and an internal report obtained by The Times last week that showed a flawed process and a lack of transparency, among other things.

Read the story here.


In a statement, the teachers union, UTLA said:

“John Deasy needs to publicly explain his role in awarding the iPad contract to Apple and the curriculum contract to Pearson.  Deasy reportedly informed the school board that he is canceling the program that is crumbling around him.  Numerous media reports have questioned how Deasy led the District to award these contracts as part of a billion dollar LAUSD technology program.

“The superintendent does not get to just say, “never mind’ after all the problems the iPad rollout caused this district.  Students, parents, and educators have a right to know what happened.  UTLA will be at the school board meeting on Tuesday demanding some answers.”

Computer problems spur a student walkout at Jefferson High

Jefferson High School Walk outs LAUSD

Student at Jefferson High School, staging a walk out

Continuing problems with LAUSD’s  new MiSiS computer system prompted nearly 250 Jefferson High School students to walk out of class today in protest over scheduling conflicts.

The students, mostly juniors and seniors, said their schedules were wrong and they have not been assigned the honor or AP classes they need for their college portfolio. They blamed the student data management system for the errors.

MiSiS, or My Integrated Student Information System, is designed to track every aspect of a student’s academic career by integrating a variety of existing computer programs. But ever since its roll out at the start of the school year, the program has been riddled with problems, including losing student data and scheduling errors, creating chaos across school campuses.

Senior Daniela Echavarria told LA School Report that she has been complaining to school administrators ever since she noticed that she was missing three classes.

“At first it was a really big mess, I had a bunch of ninth grade classes,” she said. “I didn’t even have an English class.”

She also said many students were missing electives and were scheduled for classes that they had already taken. Others, she said, had been assigned two classes at the same time.

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iPad report shared only with LAUSD officials in secrecy

iPad Report LAUSDA draft report on LA Unified’s handling of the controversial iPad contract that was leaked to media outlets last week was made available to board members and district administrators only if they agreed to sign a non-disclosure agreement, barring them from sharing the report with anyone.

While some signed, others, including Superintendent John Deasy, did not, leading one board member to raise questions about the legality of such a demand. Deasy said today he has still not been given a copy of the draft report.

The request for non-disclosure agreements came from board member Monica Ratliff, chair of the Common Core Technology Project Committee and author of the report, who has led the 10-month long effort to evaluate the program and recommend changes.

The draft report was supposed to remain confidential while participants provided feedback. The report was believed to have been given only to members of Ratliff’s committee, a group that included board member Tamar Galatzan; Quynh Nguyen, a member of the LA Unified Bond Oversight Committee; Ron Chandler, the district’s chief information officer; and Gerardo Loera, executive director of curriculum instruction.

Galatzan, a deputy city attorney, had assigned a staffer to represent her on the committee. She told LA School Report today she declined to sign the non-disclosure and, thus, did not receive a copy of the draft from Ratliff, who is also a lawyer.

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LAUSD, Teachers union talking AM/FM on new contract

LAUSD and Teachers Union argue over contractAs a further indication of how far off a labor agreement is between LA Unified and the teachers union, UTLA, the two sides met yesterday and each focused on an entirely different matter — the district, salaries; the union, the problematic student data base system, MiSiS.

In a statement released by UTLA shortly after the failed bargaining session — just the third since Alex Caputo-Pearl won the UTLA presidency — the union said the meeting “was devoted entirely to the MiSiS Crisis, because it is taking such a toll on students, parents and educators.”

While a district press release, expressed frustration about not making any headway on teacher salaries.

“Teachers deserve more money, and LAUSD wants to see that they get it now,” Vivian Ekchian, the District’s chief negotiator said in the statement.

The district has proposed giving teachers a three-year deal with raises of 2 percent over the first two years and a 2.5 percent increase in the third year, with raises conditional on the financial state of the district.

But without improving the district’s most recent offer, which UTLA has called a “non-starter,” the union says there wasn’t much to discuss.

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After Ferguson, LAUSD giving schools tools to discuss conflict

LAUSDlogoWith tensions from Ferguson, Mo. stirring yet another national debate on race relations, LA Unified is distributing an informational packet, “Engaging Students in Peaceful Dialogues about Conflict and Bias,” with a goal of helping solicit questions or concerns from students in “a neutral, safe and respectful space for constructive dialogue.”

The packet includes suggested activities for students in elementary, middle and high school.

“We encourage youth to consider issues much larger than themselves in order to learn and grow. In this instance, we want to allow our students to reflect, discuss and debate with the guidance of adults at school,” Superintendent John Deasy said in a statement from the district.

The material, developed by the District’s Human Relations, Diversity and Equity team, was designed to help teachers facilitate student dialogue and lead lessons on conflict resolution.