CAPSO Midweek E-Mailer
   California Association of Private School Organizations 
October 3, 2012 
Volume 6, Number 3
In This Issue

-- Legislature Initiates Revamping of the API

-- Private School Affidavit: Online Filing Instructions

-- Quick Takes

-- The Chicago Teachers Strike

-- Publication Note

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Ar
Legislature Initiates Revamping of the API
With Governor Jerry Brown's signing of SB 1458 last week, California has moved away from exclusive reliance upon standardized test scores to calculate the Academic Performance Index (API) rankings that are used as the state's basic metric for determining the effectiveness of its public schools.  As of 2016, scores on the California Standards Tests may not account for more than 60 percent of a high school's API score, and must account for at least 60 percent of such scores for elementary and middle schools.
 
The California Department of Education describes the Academic Performance Index as follows:
 
"The API is a single number, ranging from a low of 200 to a high of 1000, which reflects a school's, an LEA's [public school district's], or a student group's performance level, based on the results of statewide testing. Its purpose is to measure the academic performance and growth of schools. The API was established by the PSAA [Public Schools Accountability Act], a landmark state law passed in 1999 that created a new academic accountability system for kindergarten through grade twelve public education in California.

"The API is calculated by converting a student's performance on statewide assessments across multiple content areas into points on the API scale. These points are then averaged across all students and all tests. The result is the API. An API is calculated for schools, LEAs, and for each student group with 11 or more valid scores at a school or an LEA."

While the new law fails to specify exactly how the remaining portions of API scores are to be calculated, it makes it clear that the additional percentages of the scores must reflect factors indicative of college and career readiness.  Responsibility for identifying and implementing the new criteria has been placed in the hands of the State Superintendent of Public Instruction and State Board of Education.

In an EdSource article, SB 1458's author, State Senator Darrell Steinberg, listed various elements that might be included as factors in the future computation of API scores.  Such items include, "...high school and middle school graduation and dropout rates, or factors such as the proportion of students who pass Advanced Placement exams, are eligible for a four-year state university (complete the A-G course requirements), graduate without need for college remediation in English and math, or have completed a Partnership Academy program in a career pathway and qualified for college credit in that area."
 
Moving away from strict reliance upon standardized test scores to embrace a broader array of factors associated with student achievement and school effectiveness may be of considerable interest to California's private schools, which are barred from administering the standardized tests currently used to compute the CPI.  The utilization of new criteria to gauge public school effectiveness may enable "apples to apples" comparisons between public and private schools without forcing private schools to modify their educational programs.
 
Articles appearing in the Los Angeles Times, North County Times, and the Sacramento Bee's Capitol Alert blog provide additional reporting on the signing of the bill.
Private School Affidavit: Online Filing Instructions
The legal "window" for the annual filing of the California private school affidavit opened October 1 and extends through October 15.  Section 33190 of the California Education Code requires every private school in the state to file this important document.  Below, you will find step-by-step instructions for the online filing of the affidavit.  To enter the required information you will need to know the unique eight-digit password assigned to your school.  On September 21, 2012, the California Department of Education emailed a letter containing the password, together with filing instructions to all private schools in the Department's current database.  This correspondence was sent to the email address provided in your school's last affidavit filing.  If, after checking, you believe your school did not receive the email, or if you should require assistance, please send an email to lnelson@cde.ca.gov

Here, courtesy of the CDE, is a list of step-by-step instructions to be followed when filing the private school affidavit online:

1.  Access the private school affidavit web page at the link appearing below:

2.  Using the A-Z index, click on the first letter of your school's name.

3.  Scroll down the list until you locate your school by name and address.

4.  Verify that you have the correct school by checking the address of the school.

5.  Click on "Fill out Affidavit for this school."

6.  Enter your school's unique eight-digit password.

7.  Complete the affidavit.  If you wish to receive an email confirmation of your filing, please include an email address in field 8 - School E-Mail Address.

8.  Click the "Submit Form" button to send the form electronically.

9.  The screen should display "Form Submitted," the date, and a "Confirmation" number.  If this information does not display, please call the CDE for assistance (916-319-0229).

10.  Print a copy of the completed affidavit showing the confirmation number and retain it for your records.

 

The CDE has done its best to facilitate the affidavit filing process.  CAPSO urges all private schools to complete the submission process in a timely manner. 

Quick Takes 
AB 1799 Signed Into Law

AB 1799 (Bradford), a bill that was supported by CAPSO, has been signed into law by Governor Jerry Brown and will take effect as of January 1, 2013.  The bill amends Section 49068 of the California Education Code, which addresses the transfer of permanent pupil records whenever a student transfers from a public school to a private school, or vice versa.  Prior to the bill's passage no time limit generally applicable to the transfer of records existed.  Once AB 1799's provisions take effect, "the pupil's permanent record or a copy of it shall be transferred by the former public school or private school no later than 10 schooldays following the date the request is received from the public school or private school where the pupil
intends to enroll."
 
CAPSO opposed the bill in its initial form.  Originally, the text of the bill called for the ten-day window to open at the time a request for the transfer of records was made.  We found such an approach troublesome, as letters of request may be dated days in advance of their actual receipt.  Both the bill's author, Assembly Member Steve Bradford (D. - Inglewood), and its sponsor, the Los Angeles County Office of Education, were appreciative of our concerns and agreeable to amending the bill.  Once the amended language had linked the opening of the ten-day window to the date of receipt of a request for the transfer of records, we withdrew our opposition and actively supported passage of the bill.  We are grateful to the author and sponsor for working with us to produce a better law.


Entrepreneurial Teachers Score Big by Selling Lesson Plans

In a recent "School of Thought" column appearing in Time Magazine, Andrew Rotherham tells of a Georgia kindergarten teacher who has earned more than a million dollars selling lesson plans via a website called TeachersPayTeachers.  Notes Mr. Rotherham: "Since the site launched in 2006, 26 teachers have each made more than $100,000 on TPT, which takes a 15% commission on most sales."

A quick Google search reveals no shortage of websites offering lesson plans at no cost.  Among these are LessonPlans.com, Discovery Education, Scholastic, teachers.net, HotChalk, Microsoft, and CSUN.  Which raises the obvious question: with a multitude of lesson plans readily available at no cost, why is a for-pay site such as TeachersPayTeachers (TPT) flourishing?

A quick trip to the TPT website reveals that more than 40,000 items are available at no cost.  Lesson plans offered for a fee fall into four price categories: Under $3, $3 to $5, $5 to $10, and $10 and up.  According to the Time article, the Georgia teacher who has made $1 million - Deanna Jump - charges about $9 for her lesson plans.  What might this suggest?  How about the notion that when a wide range of options is provided in an open market, discerning consumers are willing to pay a premium for quality.  What a concept!


"Won't Back Down"
 
A newly released feature film starring Academy Award-nominated actresses Maggie Gyllenhaal and Viola Davis places a controversial school reform issue front and center.  "Won't Back Down" tells the story of two mothers - one of whom is a teacher - who attempt to transform a school by persuading others to invoke the provisions of a "parent-trigger" law.  Commenting on the film, the American Federation for Children's Kevin Chavous writes:
 
"The movie is a telling portrayal of the lengths to which parents will go to ensure their children obtain a quality education. It is a reminder that parents know what's best for their children and deserve to have options when choosing the educational model that best fits the needs of their family.  Like these two mothers, parents everywhere must demand that their children have opportunities to attend the best schools with the best teachers. We know that this film will energize you and your family to take action in standing up for better educational options."

A trailer can be viewed, here.  The E-Mailer is likely to have more to say about the film, and reaction to it, in a future edition.


Looking for a Law?

Have you ever seen references to sections of the California Education Code, Labor Code, Health and Safety Code (or any of the other 26 California Codes) and found yourself wanting to read the text of a law in context?  Perhaps the easiest way to do so is to visit this web page.  Place a check in the box next to "Education Code," and click on the "Search" box located on the bottom left portion of your screen.  The complete California Education Code will load.  Now, click your browser's "back" button, return to the main screen and uncheck the Education Code box.  Say you want to look up a specific section of code.  Place a check in the box next to "Labor Code," type 515.8 in the search box at the lower left portion of the page, and click the "Search" box.  If the search engine returns multiple links, click on the one containing the section of code you wish to view, and scroll to it.  If you succeeded in locating Section 515.8 of the California Labor Code, you'll be eyeballing a law CAPSO helped to enact through passage of AB 2613, in 2006, specifying the conditions that must be fulfilled in order for a private school teacher to be regarded as an exempt employee.
The Chicago Teachers Strike
In a dispute that cost students seven days of instruction, the major players in the Chicago Teachers strike may well have collaborated to make history. As is true of similar labor actions, the Chicago strike featured a contest of wills between two formidable, and formidably stubborn rivals: Chicago Teachers Union President Karen Lewis, and former member of Congress and White House Chief of Staff under President Barack Obama, Mayor Rahm Emanuel.   As with previous teacher strikes, each side endeavored to secure the moral high ground, capture the support of parents, and win the war of spin.  And, as is true of most similar disputes, each side brought certain grievances to the table that were not without merit.
 
Whatever one's posture with respect to teachers unions, one must agree that neither teachers, nor students can be expected to perform their respective jobs when deprived of a basic level of physical comfort.  Yet, a significant number of Chicago public school classrooms are housed in non-air-conditioned buildings that were erected in an era when the academic year was considerably shorter and schools remained vacant during the year's hottest months.  The union was right to demand change. 

Whatever one might think of Mayor Emanuel and the leadership of the school board, the fact that Chicago's public schools maintained the shortest school day of all major U.S. cities can't be viewed as beneficial to students already burdened by low achievement scores and high dropout rates.  The mayor and school board were right to demand change.
 
While oppressively hot classrooms and skimpy hours of instruction were among the bones of contention, the crux of the dispute was to be found elsewhere.  Indeed, what made the Chicago teachers strike historic was that in the final analysis, what proved to be most at issue had less to do with wages and working conditions than with a pure education reform issue: the extent to which teacher evaluations should be linked to student achievement outcomes.  In the end, the teachers actually traded off a better salary offer for a modest reduction in the weight accorded to standardized test scores in the determination of teacher evaluations.
 
Illinois state law currently requires that at least 20 percent of the consideration that goes into teacher evaluations derives from information relating to student achievement.  Next year, that figure increases to at least 30 percent.  Under terms of the settlement agreement, 25 percent of teacher evaluations will be based on test scores and 10 percent will derive from teachers' own evaluations of student achievement.  In a typically insightful analysis, Mike Antonucci questions the wisdom of such an arrangement, writing, "...if I read this correctly, [the district is] going to base 10 percent of [its] evaluation of a teacher's performance on that teacher's evaluation of his or her students' performance. Really? Will it go like this?

"Evaluator: 'How are your students performing?'

 

"Teacher: 'Outstanding!'

 

"Evaluator: 'Terrific! You get the full 10 percent.'"


Cheekiness aside, the real underlying issue, explains Mr. Antonucci, "...is lack of trust. The district (and by extension, the public) doesn't trust the teachers to give an honest assessment of whether the kids are learning and how well they are teaching. The teachers don't trust the district to give them an honest assessment of how well they do their jobs, fearing they will be judged only on Johnny's latest reading and math standardized test scores, with no allowance for Johnny's home conditions, Johnny's poor work ethic, or even Johnny's attendance record."
 
That the strike had less to do with pay and benefits than with evaluation issues represents what may prove to be a watershed in the political culture of public education.  Indeed, it would have proved difficult for union members to walk out over compensation, given that teacher salaries in the Chicago Public Schools average about $71,000, while the median household income in the Windy City is approximately $47,000.  Chicago teachers are among the highest paid in major U.S. cities, while student achievement and graduation metrics are among the worst. 

In light of such realities, attempts to generate support for the striking teachers often took the form of an argument whose basic premise consisted of the claim that teachers cannot be held responsible for factors that lie beyond their control.  One of many examples can be found in an op-ed piece penned by Eugene Washington, titled, "Standing Up For Teachers."  He writes:
 
"The fact is that teachers are being saddled with absurdly high expectations. Some studies have shown a correlation between student performance and teacher 'effectiveness,' depending how this elusive quality is measured. But there is a whole body of academic literature proving the stronger correlation between student performance and a much more important variable: family income.
 
"Yes, I'm talking about poverty. Sorry to be so gauche, but when teachers point out the relationship between income and achievement, they're not shirking responsibility. They're just stating an inconvenient truth."

In Eugene Robinson's view, it is unfair to hold teachers accountable for failure to surmount the basic inequality deriving from the fact that children are born into vastly differing familial and social circumstances.  He thus concludes:
 
"It is reasonable to hold teachers accountable for their performance. But it is not reasonable -- or, in the end, productive -- to hold them accountable for factors that lie far beyond their control. It is fair to insist that teachers approach their jobs with the assumption that every single child, rich or poor, can succeed. It is not fair to expect teachers to correct all the imbalances and remedy all the pathologies that result from growing inequality in our society."

The argument was repeated, albeit more subtly, in a self-congratulatory article by Ms. Lewis and American Federation of Teachers president Randi Weingarten, which appeared in the September 24, 2012 edition of the Wall Street Journal.  They wrote:

"Nearly nine out of 10 students in Chicago Public Schools live in poverty, a shameful fact that so-called reformers too often ignore, yet most schools lack even one full-time nurse or social worker."
 
In my view, the argument in question places already disadvantaged children at even greater risk.  Yes, we have known from as far back as the mid-1960s, when James Coleman and his associates conducted their groundbreaking research on equality of educational opportunity, that socio-economic status is the most potent predictor of academic achievement.  But one must bear in mind that correlation does not imply causation.  Coleman's findings, as well as those of the corroborating body of research that followed emerged from tendency-type studies that made predictions about groups rather than individuals.  Nothing in these studies diminishes the potential difference a teacher is capable of making in the life of any particular student.  The power of effective teaching should never be sold short or written off.
 
I do not fault Mr. Robinson, Ms. Lewis and Ms. Weingarten for imploring the public not to scapegoat teachers for their inability to accomplish what is clearly beyond their means.  While such pleas are not without justification, those doing the pleading should take pains to avoid saddling teachers with the appearance of irrelevance.  It is something of a straw man to suggest, as Mr. Robinson does, that the public expects teachers, "...to correct all the imbalances and remedy all the pathologies that result from growing inequality in our society."  If teachers themselves won't make the case that teaching facilitates intended student outcomes, the public will eventually come to regard teachers as little more than babysitters...and wish to compensate them, accordingly. 
 
Surely, that's not what teachers want.  It's not what the public wants, either.  Beyond the mutual hyperbole generated by a strike, teachers and their employers both wish to map out expectations that are reasonable and significant, and hope to work collaboratively to realize their achievement.  By the same token, neither administrators, teachers, school board members, nor the public at large expect students to flourish in environments marked by mistrust, rancor and confrontation.
 
In the private school community, one seldom, if ever, hears the relevance of teachers questioned, or qualified by students' circumstances and attributes. And that's a good thing.  In fact, research conducted by the U.S. Department of Education has demonstrated that private school teachers report greater involvement in decision making, enjoy greater degrees of support and encouragement from administrators, receive more frequent recognition for good work, and express higher levels of professional satisfaction than their public school counterparts.  To their credit, our teachers typically seek greater responsibility. They expect to make a difference.  And they do...one student at a time, year after year.  Our teachers stand at the very core of our enterprise.  We can never thank them enough.

Ron Reynolds
Publication Note


The next edition of the CAPSO Midweek E-Mailer will be published on October 24, 2012.