Last year, LAUSD gave up trying to fire him, and paid Burio $50,000 to quietly leave, one of 32 such cases in the past several years. The district agreed to include no finding of wrongdoing if he agreed never to work for LAUSD again. Then, last fall, Murata says, Burio contacted her — requesting a letter of recommendation for a job. She declined.
Angry principals and administrators, like the retired Basalone, say there is "no excuse" for LAUSD's practice of waiting for teachers to fail five evaluations, as with Buria, before trying to fire them. Robert Bilovsky, principal at Berendo Middle School, says it's "ridiculous. ... Why have an evaluation system if you're not going to use it?" Duffy says the district is at fault if a teacher with five below-standard evaluations is allowed to remain in the classroom.
Clearly feeling the sting of recent criticism for failing to fire teachers accused of sexual and physical misconduct, Cortines, in an interview with the Weekly, says that he recently ordered principals to begin dismissal proceedings against tenured teachers after just two consecutive below-standard evaluations.
"I've cut that out," Cortines says. But when asked for a copy of the new policy, district officials referred the Weekly to a December press release stating Cortines' concerns that 175 permanent and certificated teachers got a below-standard "Stull" rating last year, while 48 others failed two evaluations. The vague press release does not lay out a new policy, such as identifiable steps Cortines is taking to oust teachers who fail more than two evaluations.
When a teacher gets a below-standard Stull evaluation — named after a lawmaker who in 1971 authored California legislation requiring checks of educators' work — that teacher participates in a rehab program called Peer Assistance and Review, as did Burio and Loftin. The program, engineered by Mayor Antonio Villaraigosa when he was a state assemblyman in 2000, is supposed to improve schools by pairing failing teachers with mentors — often retired teachers with many years of experience.
By some accounts, PAR is a miserable failure. Under the confidential program — a secrecy feature that teachers unions insisted on — not even school principals can find out if their subpar teachers are improving. District officials admit to the Weekly that only about one-third of teachers pass the training.
Moreover, as happened with Burio at San Pedro High, principals must keep these substandard teachers in the classroom during the retraining. There are no particular consequences if a teacher does not improve.
"The intent of the law is to help an ineffective person become better," Basalone says. "It doesn't mean I can stay ineffective."
According to previously undisclosed data obtained by the Weekly, three anonymous LAUSD teachers have taken the retraining five times in the past three years, 18 have taken it four times, and 45 three times. Parents do not know, and cannot find out, the names of these 66 teachers who are repeatedly recycled through the PAR program. Another 400 teachers were required to enter the program once or twice during the past four years. The state program costs $1.4 million per year, mostly to pay for 50 personal mentors in LAUSD.
Marsha Oh-Bilodeau, the district's PAR coordinator, says the names are kept confidential to encourage teachers to participate without embarrassment. But the secrecy appears to go well beyond protecting feelings. LAUSD lawyers refused to release to the Weekly the names of any of the 466 teachers in question — without a court order.
Duffy sees a possible conspiracy afoot in the data obtained by the Weekly. He says many of the 466 teachers who have gotten retraining and mentoring could have been pushed into the program by "vindictive" principals out to inflate the numbers to make it seem as if the LAUSD has big teaching problems. Duffy could provide no documents or data to back up his claim.
But Judith Perez, president of the Associated Administrators of Los Angeles, which represents 2,300 school principals, administrators and retirees, says the district is allowing "frequent fliers" and this repetitive retraining is "a disservice to children." She wants to see consequences. "Many of the people who go through the process do improve, but the problem is the frequent fliers," Perez says. "There should be something that happens next."
John Bowes, head of the Office of Staff Relations under Cortines, and part of an internal task force charged by the school board with improving teacher performance, concedes that LAUSD has no hard rule for when to initiate firing procedures — in part because it prefers a "supportive" rather than a "gotcha" mentality. Bowes, a buttoned-down rising star under Cortines, says, "It really reflects the idea that teaching is a craft to be developed and it's an art that's refined by teachers over time."
There's a good reason why downtown administrators seem squeamish about evaluating underperforming L.A. teachers. Gail Hughes, Bowes' predecessor, says that during the 2008 school year, UTLA filed 650 formal grievances on behalf of teachers alleging contract violations. Roughly 300 of those grievances were filed by teachers who got negative classroom-teaching evaluations.
School principals, Hughes says, know that if they negatively review an L.A. teacher's abilities, "just about everyone who gets a below-standard Stull grieves it" — and the principal gets caught in a lengthy, often bitter process. Records show that of 16,235 LAUSD teachers evaluated in 2008, 1,321 were considered below standard in classroom ability. Only a small fraction of those 1,321 received a formal, negative Stull rating. In some cases, the principals simply did not want to get in a nasty fight.
If science teacher Burio represents educators who are repeatedly retrained and then paid large sums to leave, math teacher Mars represents what former administrator Basalone calls the "classic" dance of the lemons.
Mars taught at six schools, but at Nimitz Middle School — his fifth — administrators accused him of deficiencies that could have led to his dismissal. Among those allegations, in 2002 Mars retaught "the same lesson" to students eight times — right in front of Nimitz Principal Frank Vasquez, who was conducting classroom observations. The principal recalls, "He just didn't teach. He did the same thing every day. He confronted kids and pushed them out of the classroom. We wrote him up, and wrote him up, until one day he pushed a kid out of the class" and down some steps.
Vasquez said Mars was "placed" at Nimitz by LAUSD and there was nothing the principal could do. Vasquez says, "We tried everything. We had coaches go in and help him out. PAR tried to help him out." The fallout hit children who were struggling to learn math from Mars. "The kids didn't learn anything, and they didn't respect him."
Mars says his last two positions, at Nimitz and, before that, Gage Middle School, were forced on him, and represented "the biggest hell" of his life. "I didn't even know what was happening to me," says Mars, whose voice trembles as he refers to the school district as "worse than the Mafia."
Mars adds, "You don't know how tough it is. The kids will eat you alive." But he says he's afraid that if he tells his side of the story, his retirement and benefits could be in jeopardy when he turns 53, in two years. (Collins, the attorney, says his claim is absurd, and that LAUSD would not target protected speech — a sure way to lose a major lawsuit.)
Rather than fighting a probable five-year, $500,000 effort to fire Mars, after transferring him repeatedly, LAUSD paid him $40,000 to quit in March 2005.
Little wonder, then, that Vasquez was stunned to hear from the Weekly that despite all this, Mars remains in the school district's substitute-teacher pool. "Oh, wow!" Vasquez blurted out. In fact, when the Weekly spoke to Mars (a phone interview), the children in his substitute-teaching class could be heard in the background.
Superintendent Cortines says he recently banned the repetitive transfer of "lemons." But there is no way to verify if Cortines' ban is working, or if it was even implemented, because the practice unfolds entirely in secret. Nobody, including parents, can currently find out if a newly arrived teacher was sent to a school under a forced transfer.
Of the 34 teachers paid sizable settlements by LAUSD to quit teaching — the 32 such as Mars and Burio who took secret payouts rather than fight, plus two others who fought their firings for years — the Weekly tracked down employment records for 22. Those 22 accounted for more than 70 transfers between schools. It is not known how many of those were forced transfers.
One of those transfers was Howard Schonberger, a teacher who got repeated below-standard evaluations before being paid $90,000 to leave his job at Berendo Middle School, near Olympic Boulevard.
Schonberger benefited from the fact that the small legal unit at LAUSD was already busy juggling a firing case the district badly wanted to win — that of Pinewood Elementary School teacher Colleen Kolter. According to district documents, between May 2003 and October 2005, while teaching at the Pinewood grade school, in Tujunga, Kolter racked up four notices of unsatisfactory service and three below-standard Stull evaluations from a newly reassigned but veteran principal, Ada Munoz-Yslas.
Munoz-Yslas says that Kolter, a thin woman in her mid-50s, went for days without teaching anything and resisted advice from the pricey math and literary coaches sent in to retrain her. "When I started there, almost immediately, people came up to me to complain about the things that had been happening: parents, students, teachers," says Munoz-Yslas, now the principal at Van Nuys Elementary School. "Lack of classroom management, safety issues, not meeting the education needs of students. ... There was a lack of following and implementing the curriculum. A lack of planning."
Teaching assistants and others tried to salvage the children's wasted year. Yet the mystery is that during the eight years prior to Munoz-Yslas' arrival, LAUSD never put Kolter on the dismissal track — even when furious and fed-up parents took their children out of Pinewood altogether.
The state Commission on Professional Competence found that Kolter sometimes had "an unsteady gait and was using slurred speech," once requiring a small child to support her. Records show that Kolter argued that LAUSD failed to force her to take sick leave to deal with her "bipolar disorder and depression." But the competence panel said she was fired because "at bottom, it appears she cannot teach." Kolter could not be reached for comment, and her attorney, Lawrence Trygstad, whose firm is used by UTLA to represent teachers facing dismissal, declined to comment.
Kolter's firing is one of LAUSD's exceedingly rare and clear-cut dismissal victories in the past 10 years. Yet by the end of that struggle, LAUSD had spent a staggering $305,576 on private attorneys who helped the district's legal staff in the fight to get rid of her.
LAUSD is not as aggressive as New York City, whose school district employs eight attorneys solely to remove bad teachers, and places underperforming teachers in the district's infamous "rubber rooms" — offices away from children, where they earn full salary to do nothing during their job disputes.
But in Los Angeles, under Romer, Brewer and now Cortines, because LAUSD pays just a handful of attorneys to work only part-time on such cases, the small legal unit was nearly overwhelmed by pursuing Kolter at Pinewood Elementary while handling Schonberger's dismissal. As attorney Collins explains, because of Kolter's decision to wage an extensive battle to keep her job, and LAUSD's equally passionate determination to prevent that, "we were completely swamped. We would have had [to pay] outside counsel, our fees, [Schonberger's] salary — and then there was our normal caseload."
Records obtained by the Weekly describe how, in 2004, Schonberger received a below-standard Stull evaluation and low marks for his teaching skills, inability to engage students in problem-solving and failure to establish rigorous learning goals at Fairfax High School.
Parent Orly Beyder recalls how her daughter, Michelle, now a photography major at San Francisco State University, came home upset about how little her class was learning. "He was ... not interested in the kids. He didn't seem to enjoy teaching," Beyder recalls. Beyder met with Schonberger, worried that her daughter's education was at risk. But he was not willing to talk it through with Beyder. "He was just a snotty teacher in our meeting," she says.
Beyder instructed her daughter to keep her head down, reminding her, "He's the teacher."
Beyder adds, "I know it's very hard to be a teacher and to teach high school, but I don't think teachers like that should teach."
Two years later, after Schonberger was reassigned to Berendo Middle School, distict officials say 104 eighth-grade students protested his teaching by signing a petition accusing him of directing insults and sexually charged remarks at them.
Schonberger has a markedly different view. In an odd phone interview with the Weekly, he identified himself and insisted he had been railroaded. The following day, he called the Weekly back, claiming that a person familiar with his story had impersonated him during the first interview. He then essentially repeated the claims from the previous day, that he was scapegoated by administrators, who sided with parents rather than supporting a tough teacher keen on delivering a good education and discipline to unruly kids.
Schonberger also claimed that as an untenured, green teacher at Fairfax High, he was targeted by administrators. But the record shows the opposite: that they granted him lifelong tenure after just two years of classroom experience, as LAUSD does with the vast majority of teachers.
He also painted the 104-signature petition against him as having been orchestrated by a small group of Berendo Middle School students, scoffing, "Kids will do anything to mitigate their own failure and behavior." Schonberger only accepted the $90,000 settlement, he says, because "I felt I was done being Don Quixote, I was fighting windmills, a monolithic administrative hierarchical entity at odds with its stated purposes to educate and socialize students."
Berendo Principal Bilovsky leaves no room for doubt as to how he views Schonberger, saying, "There's always the question, 'Would you want your child in someone's classroom?' I wouldn't have felt comfortable with that."
In a culture like LAUSD's, where getting fired is virtually impossible, the small group of teachers who were fired or took large payments to leave appear to share a strong belief that each of theirs was the one special case driven by biased principals or unfair rules. Among those is Raye Shibasaki, a former first-grade teacher at Miles Avenue Elementary School in Huntington Park, who received three notices of unsatisfactory services. She ultimately settled for an $80,000 payment to leave.
Leticia Ortega, a parent as well as a middle-school teacher for LAUSD, recalls how she took her own son, Arturo, out of Shibasaki's class after he was repeatedly bullied and she could not get Shibasaki to step in. Ortega says veteran teacher Shibasaki was disorganized and overwhelmed, yet Shibasaki complained she wasn't getting help from the district.
In fact, documents show, Shibasaki was given plenty of help — a literary coach and access to a paid mentor. "Obviously it was not the right career for her," Ortega says.
District officials say 15 parents demanded to have their children taken out of her class. Allegations include that she failed to teach first-grade fundamentals like the difference between levers and wheels, couldn't control 6-year-olds and lost track of a small boy who vanished on her watch and made his way home on foot, unsupervised.
Shibasaki describes almost the opposite experience. She tells the Weekly the allegations were "idiotic" and driven by administrators who disliked her as a person and evaluated her "subjectively." She says administrators gave her the toughest first-graders and insufficient support, yet she concedes that expensive, paid teaching coaches repeatedly tried to help her.
She quotes a sentiment that Duffy and UTLA officials have made into something of a motto: "It's so subjective, and getting rid of teachers should never be subjective."
Perez, the Associated Administrators president, says principals need more specific training to deal with tenured teachers who should not be in the classroom, and more clout in recommending which of the new ones should not get tenure at the two-year mark.
Los Angeles' situation is in stark contrast to nearby Long Beach, where Superintendent Christopher J. Steinhauser has long required extensive vetting before granting lifelong tenure to teachers. Long Beach is substantially ahead of Los Angeles in such teacher-quality reforms — and in student achievement. "If they're not great teachers, we work to release them," says Steinhauser. "That's really important."
In Los Angeles, as reported recently in the Los Angeles Times, new teachers get tenure virtually automatically unless their principal objects. Yet the Times report showed that few principals are actively engaged in reviewing green teachers before giving them the nod for lifelong tenure — a failing Cortines says he is out to change.
President Barack Obama has begun pushing for tougher evaluations of teachers, tied to their classroom test scores, and for direct comparison of teachers with their colleagues along the same hallway. As those and other reforms aimed at teacher quality begin to find acceptance in other parts of the nation, however, it seems a stretch to imagine LAUSD, the district so big it educates one in 10 California children, joining in.
"The power of the union [and] the California Teachers Association in this state has definitely tipped the balance in favor of protecting the incompetent teacher," says Collins. Somehow, she says, "Parents and students need to know they have a voice."
Duffy disagrees with her assessment, saying, "The vast majority of teachers are doing a good job. I can't begin to tell you how many vindictive principals there are."
Retired Principal Dan Basalone would like to see one reform above all: an end to the secret negotiations between UTLA and the school district, closed to parents and the public, through which the current system for firing underperforming teachers has been crafted over the years. He points to the practice known as the dance of the lemons, the secret payouts to persuade teachers to go away, and the anonymity granted to teachers who repeatedly fail PAR retraining and mentoring.
A vastly different way to evaluate and make teachers accountable is required, he says, and it "should be negotiated publicly. All of it should be in the sunshine."
http://www.laweekly.com/2010-02-11/news/lausd-s-dance-of-the-lemons/