Archives For Janus

by Andrew Worthington, UFT Chapter Leader at M298 Pace High School

 

It has been 50 years since the United Federation of Teachers, representing New York City’s teachers, has had a contract that included reduced class sizes. Since then, there has been a plethora of research conducted that shows the positive impacts of class size on students and teachers alike.

In March 2018 at the UFT Executive Board Meeting, Arthur Goldstein proposed a resolution to make class size limits a major goal of the UFT’s negotiations with the city. The resolution passed the Executive Board. However, it passed in the following edited form:

“Whereas, the goals for class size in the city’s original C4E plan, approved by the state in the fall of 2007, are for an average of no more than 20 students per class in K-3, 23 in grades 4-8 and 25 in high school core classes; and

“Whereas, the Department of Education has flouted this law flagrantly since 2007; and Whereas, the DOE gets C4E funding that is often not used to reduce class size; be it therefore

“Resolved, that the UFT will make lowering class sizes to the C4E limits of 20 students in a class K-3, 23 in Grades 4-8 and 25 in high school core classes a major goal; and be it further

“Resolved, that funding for this class size reduction should not in any way affect monies for contractual raises for UFT members as the DOE is already receiving C4E money to reduce class sizes from the state.”

The process of how this resolution passed can be simply described through the strikethroughs. The reference to “this class size reduction” described in the final lines is never specified or explained.  

Except that it may not be appropriate to consider it a process. It is all the order of business in the UFT’s pseudo-democratic bodies: the Executive Board and the Delegate Assembly.

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In 2006, the New York State Supreme Court ruled that students were being denied their constitutional right to an adequate education.  The Contracts for Excellence law passed the following year required the DOE to reduce class sizes over a 5-year period, tying funding to this initiative. While schools have been receiving some of this funding, class size averages have been increasing in the decade since. The UFT and the DOE have done nothing to stop this.

Mr. Goldstein proposed that the UFT confront the DOE about this directly in contract negotiations. The UFT leadership agreed that this is an issue. What to do about this issue? The UFT leadership decided not to worry about the specifics, in favor of fighting easier fights, hoping everyone forgets this fight, and hiding the fact that they are skirting accountability, or at least measurability, regarding progress on this front. The UFT leadership believes that the only way to achieve these specific (legally-mandated) class size reductions would be to make concessions in other areas, so they have decided not to bother with any battle.

In the simple math of class sizes, though, specifics are what matter most. Schools that serve the wealthiest have the lowest class sizes. Any argument about class size must answer this question: If class size doesn’t matter, then why do the wealthy prefer smaller class sizes for the schools they pay so much money for when it is their own kids?

 

I don’t remember what the PD was about, but my old principal was talking about “engagement.” Another teacher probably mentioned how that was hard to achieve with so many students in our classes, which were often at, if not above, the contractual limit of 34 students. My principal looked at this teacher and said, “That is just completely false and completely not germane to the issue at hand. We are talking about interesting and investing students in their learning and making them feel like a part of it. And besides, all of the research out there shows that class size doesn’t matter. What matters is the pedagogue in front of the room. Class size does not matter.”

Said in this way, the statement marginalized even further the students who were most affected by massive class sizes: students with disabilities. In order to create integrated, team-taught classes, school administrators most often program these classes, which serve students with learning disabilities, to be the maximum class size so that the ratio of general education to special education students can be within its own legal limits (roughly 3:2) and the number of special education classes, which require more teachers and more resources, can be reduced. This is a systemic problem across the city’s schools, but it was more acute at this school because the school was understaffed and under joint city-state control after decades of poor test scores, poor attendance, and discipline issues.

I understood why the principal lied. It was a lie that was created by the larger governmental apparatus that controls our schools. The end result is in the bottom line, and not in education. Any rational being could understand this, but the government is not a rational being. Neither is our city’s teachers’ union, as seen above in the resolution “process” described by Mr. Goldstein.

Rather than accept the proposition that more overall funding is needed for public education, the union prefers to operate with a business mindset that argues there is only so much money. The reality is that we only lack political will to allocate sufficient resources. Further, the union misses advancing a key issue which could unite parents, students, and teachers in a coalition that could realistically achieve all of its demands, given effective mobilization.

 

The average class size nationally is around 25, depending on the age of students and type of instruction. If an instructional period is 50 minutes, this gives 2 minutes for individualized instruction per student, assuming that none of that instructional time is used in whole class instruction. It wasn’t an accident that I didn’t yet get around to mentioning time for building rapport and trust with students.  The time for this is almost nil.

The average class size in the NYC public schools is a tad higher (~26) and hasn’t shifted greatly in years. In fact, average class sizes have gone up since 2007, when the city laid out a plan to reduce them (mentioned and struckthrough above in the UFT resolution). Thousands of classes still violate the caps set in the teacher contract for at least the first few weeks of the school year, and sometimes longer.

 

In 2014, a UFT survey found that 99% of teachers considered reducing class size to be a reform they would like pursued. From 2008-2013, the #1 priority listed on the DOE’s parent survey was the reduction of class sizes.

The teachers and parents also have the facts on their side. An oft-cited study called Project STAR demonstrates the long-term value of smaller class sizes starting at the early elementary age.

Other data suggests that class size is equally important in later grades:

“A study commissioned by the US Department of Education analyzed at the achievement levels of students in 2,561 schools across the nation, as measured by their performance on the national NAEP exams. The sample included at least 50 schools in each state, including large and small, urban and rural, affluent and poor areas. After controlling for student background, the only objective factor that correlated with higher test scores was class size, and the gains in the upper grades associated with smaller classes surpassed the gains from smaller classes in the lower grades.”

 

The same can hold true for college students. The paper “Connecting in class? College Class Size and Inequality in America’s Social Capital” observes the following:  

“Compared to students enrolled in smaller classes, students enrolled in larger classes had significantly fewer interactions with professors about course material and with peers about course-related ideas. Social group also moderated some effects of class size. Class size negatively influenced first-generation (but not continuing generation) students’ likelihood of talking to professors or TAs about ideas from class.”

 

Students of color and students from lower-income backgrounds are also disproportionately affected by larger class sizes:

“In 1995, Boozer and Rouse analyzed patterns class size across and within schools and found that Black students tend to be in schools with larger average class sizes, as well as in larger classes within schools. These differences in class size could explain approximately 15% of the Black-White difference in educational attainment.

“A 2012 NCPEA Policy Brief on the STAR experiment and other class size studies noted that poor, minority, and male students received stronger benefits from reduced class size in terms of improved test scores, school engagement, and reduced grade retention and dropout rates.”

Additionally, there are well-documented benefits from lower class sizes for school climate, school discipline, and teacher attrition.

Like most education research, or social science research in general, there is no way to be 100% certain about any of our ideas. But the evidence to support lowering class size is essentially undeniable.

 

Beyond research and rhetoric, the real issue underlying the class size issue is that it is in absolutely no one’s interest to change it except the people who are directly involved in the public education system: school staff, parents, and students. One could argue that all communities at-large should value long-term effects drawn from education; while we need to start thinking in such a more universal way, the reality is that people who do not perceive themselves as benefiting directly from public education often resist paying higher taxes to fund improving it.

 

The NYC public schools have the largest class sizes in the state, and this is not a coincidence. Like so many other turf wars between the city and state, there are undertones of class distinctions and conflicts.

However, simply changing the class size limits and making them more enforceable won’t solve all issues of inequality in our schools. Class size reform needs to be part of a broader policy platform that expands public goods and addresses the root material disparity that divides rich and poor.

The UFT has a strong potential for fighting for education equality on a comprehensive scale, including the programmatic reform of reduced class sizes. But both comprehensively and specifically, the UFT has been too inactive.

 

In conversation with members of the Movement of Rank-and-File Educators, Leonie Haimson, the director of the organization Class Size Matters, suggested the following approach for upcoming contract negotiations:

“The UFT should negotiate far smaller class size caps to be achieved gradually over five years of no more than 20 students per class in K-3 grades; 23 in 4th through 8th grades and 25 in high school classes in order to comply with the Contract for Excellence class size reduction plan submitted by DOE and approved by the state in 2007.  The DOE should adhere to the class size limits within the first two weeks of the beginning of school, with an expedited process of arbitration to ensure that no violations persist after the first month of school.

“In order to help fund the reduction in class sizes, the DOE should reduce the number of consultants and bureaucrats, and assign teachers in the Active Teacher Reserve pool as classroom teachers and hire more teachers to do so. In order to make space for these class sizes, the DOE must be required to fully fund the five year capital plan and accelerate the pace of school construction.”

As they have shown in the Executive Board proceedings, the UFT leadership does not want to fight the DOE on specifics regarding class size. Instead, the UFT continues to engage in a zero-sum game with the DOE on this and countless other issues.

 

With the recent ruling in Janus v. AFSCME, the Supreme Court struck a serious blow to public employee unions, and by extension a serious blow to public education. Weakening the power of the union weakens the voice of the teachers; weakening the voice of the teachers weakens advocacy for public education. Business interests will enter the vacuum and attack the working conditions of public school teachers, and thereby public schools in general, offering poisonous alternatives such as funding cuts, larger classes, and charter school increases. Class sizes don’t matter to the privatization ideologues who want to kill unions and slash public education funding. The market-based, profit-focused models of schooling will only continue to build their dominance in the education system, followed by declining working and learning conditions, until (and unless) we decide to organize, mobilize, and create real, material change.

With a budget surplus of at least $4 billion, the UFT should be arguing with the city and the state for an expanded public education budget to facilitate class size reductions. Instead, the UFT is arguing with its members that class size reductions are unfeasible because they would require teachers to take a pay cut.

The only option for the UFT is to adapt an aggressive approach to the contract negotiations. The easy and expeditious route must not be taken. Members will unite behind a union that stands for ideals, engages its members, and produces radical results.

What will the UFT do to mobilize membership around the contract and this issue? If previous history is a guide, nothing.

There are many issues that the UFT will need to tackle, but we know we have a duty to defend not only our workplace, but the places where our children learn. Any parent would want their children in a school with smaller classes. It is the teacher’s responsibility to make sure our contract includes new enforceable limits on class size, somewhere along the lines of those presented by Mr. Goldstein in the first section. If the UFT leadership won’t fight for this issue, then it may not be the leadership we need.

 

 

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In 2014, UFT leadership watched the Friedrichs case come at them (and all of us) like dinosaurs watching the extinction-causing comet hurtling towards earth.  They stared slack-jawed, and did nothing outside of introducing a hashtag or two and a tepid social media campaign. That extinction-level event was dodged (through no effort of their own), and, like clockwork, a new comet appeared called Janus vs. AFSCME.

Janus is a court case designed to deal a grievous blow to the labor movement in the U.S. By mandating that workers in union-represented workplaces be allowed to “free ride”, or receive the benefits of union representation without paying dues, the right wing forces using the plaintiff, Mark Janus, as a marionette,  mean to deny unions the money they need to function. If the outcome of the case is as expected, it will make the public sector in the whole country “right-to-work”, an arrangement that is deeply dangerous for American workers, but perhaps more so for the already decaying business unionism model of which the UFT is a prime example, since unions operating in this way rely heavily on paid staff and financial contributions to Democratic elected officials, tools that may become more scarce if, as expected, a large number of current members choose to withhold their dues post-Janus.This is doubly dangerous for the UFT and similar unions which have a large number of disaffected rank-and-file members with no perceived stake in or support for their unions; the UFT is thought by many of its members to be ineffective regarding even core responsibilities like protecting members from abusive supervisors and filing grievances against violations of our contract. All of this is a formula for massive post-Janus defections.

The response of Unity Caucus (the invite-only clique that has run the UFT since its founding and includes Michael Mulgrew, Randi Weingarten, and anyone else who has ever held any power within the union) can best be described as sclerotic, and too little too late. Chapter Leaders have been hearing a lot about Janus during the 2017-2018 school year, and the door-knocking campaign, in which UFT activists are trained to go door-to-door having face to face conversations with members in their homes about the importance of sticking with the union, seems like a step in the right direction. I’m concerned in this case, though, that the horse is already out of the barn. The UFT has done little to no real organizing among its core NYC educator constituency in decades,  and it may be too late to mobilize a profoundly disconnected membership to save the union; a disconcerting number don’t seem to care whether it lives or dies.

It is that sense of alienation that brings us to the Membership Teams. Each UFT chapter is supposed to have a group of activists whose responsibility it is to speak one on one with all the UFT members in the building, make sure the the union has up to date data, and ultimately ask each member whether they plan to continue supporting the union once it becomes legal to receive most or all of the benefits of union membership for free. There is an app, MiniVAN, which is to be used to guide the conversation, but more so to provide data to the union about their membership. The app provides a script for the team member, with pauses to input the answers to various questions into the database, and a dramatic handing of the smartphone over to the member at the end, who presses a button pledging to stick with the union.

This kind of member-to-member organizing is exactly the sort of thing that the UFT should have been doing all along, so I’m encouraged to see my union creaking into action. But even now, when UFT leadership is more or less trying to do the right thing, the lumbering, inflexible, bureaucratic way it is being executed highlights the degree to which they have become indistinguishable from the corporate/bureaucratic hierarchies they are meant to be protecting us from. Rather than using an online dashboard to add and edit people’s responses and info as you add them, as is standard in this, the year 2018, to use the app, you need to manually enter which member of the team is meant to speak to each UFT member in your building into a spreadsheet that the captain passes along to the District Rep, who then passes it along to Central for data entry. That UFT member is then linked with that particular team member, and only those people will show up in each team member’s app. Somebody drop off your team for whatever reason? Too bad. Did someone on the team get into a passionate conversation about the union with someone with whom their team leader has not linked them in the app? Too bad, there’s no way to adjust those lists, at least as far as the UFT Special Rep that ran the training for the membership teams in my district was aware. That’s somehow even LESS user friendly and flexible than the online portal for the ADVANCE teacher evaluation system that UNITY caucus collaborated in the development of and loves very, very much… if a kid on your roster leaves or changes classes or schools, at least you can make an alteration to reflect that reality.

If the DOE was asking me to do inane, redundant data gathering/paperwork like this, I’d be speaking my UFT District Representative and pondering a paperwork complaint. I understand why the union wants this data, but the only part of this that means anything is the part at the end when people tap something to agree to stick with the union, and that can be accomplished quite ably with a signature on a piece of paper after a real face to face conversation, so why all the extra steps?

Now that we are finally organizing, they want us to be staring at, or at least repeatedly going back and forth to our smartphones to do data entry as we talk to people about why supporting the union is so important. These are some of the most important organizing conversations we will ever have. I understand the desire for the UFT to have relevant data about their membership, their feelings about the union, what they think about Janus, updated contact info, and, most importantly, whether people plan on maintaining their UFT memberships or begin freeriding. But this is way too much to cram into a single 1:1 conversation; you can’t make up for 20 or 30 years of being a remote top-down business model union in one conversation. Not to mention that we reconfirm member contact info every September, and that the union sent out a fairly extensive survey to all members only a few months ago.

This is a grotesque approximation of the 1:1 organizing conversations most of the true UFT activist have all the time, but filtered through the most hide-bound, bureaucratic lens possible. They are finally trying to do the right thing, sort of, but it has been so long since anyone in a real position of authority at the UFT has done any organizing that they have no idea what it looks like anymore. The membership team at PS 58 was formed in the fall, but lay dormant until May waiting for UFT leadership to creak into action to train and equip us and transmit unified marching orders. I now regret the lost time we spent waiting on our putative leaders to do their jobs. I now realize I had not fully assimilated the lessons of West Virginia or of Arizona: the seas of rank-and-file educators in the streets and in the capitol buildings has been the power terrifying the enemies of public education and winning real victories for public education, NOT the AFT/NEA officers desperately trying to keep up, in some cases collaborating with districts to send educators back to work with their goals unmet. Despite years of seeing the dysfunction of our union leadership, part of me still held out hope that, on the brink of their own annihilation, they would prove worthy of the name; if not for their members, then at least for themselves. But no more. I’m not waiting for support or, God forbid, initiative, from the top. We ARE the union; if the current educator revolt across the country has taught us anything, it’s that the rank and file don’t need their ineffectual leadership to get results. Our membership committee, our UFT chapter, and our colleagues across the city are sick of waiting for leadership to catch up. The time to act is now. If, instead of waiting for our ostensible leadership, we take our cues from our rank-and-file colleagues rising up across the country, we may even succeed in saving the UFT in spite of itself.

Dan Lupkin
Teacher/UFT Chapter Leader
PS 58, The Carroll School