Friedrichs Case Petitioners: For Want of a Justice
'I became disenchanted with the teachers union'
Karen Cuen has more than a casual interest in Friedrichs v. California Teachers Association, which was argued before the U.S. Supreme Court in January. She is one of the parties to a case whose future course became unclear following the Feb. 13 death of Justice Antonin Scalia.
Cuen is a music, band, and choir teacher who has taught elementary school students in Chino Valley, California, for over 20 years. She does not feel that the teachers union represents her best interests, and she is not a member. But since California is not a right-to-work state, she is required to pay fees to the union.
If Cuen and the other petitioners in Friedrichs prevail, they will be able to opt out of paying the CTA and its local affiliates.
“I became disenchanted with the teachers union when I realized they were not about what's best for kids and public education,” Cuen said. “I realized they were about politics and protecting their own, even if ‘their own’ were poor teachers who should not be in the classroom.”
The union representation fees Cuen must pay as a nonmember are spent on politics, she said, including union negotiations for policies such as pay increases that reward longevity with no regard for effectiveness.
She disagrees with many of these positions but is forced to pay for them to keep her job.
“When budgets are tight and teachers must be laid off, the newest teachers are the first to go,” she said, explaining last-in, first-out, a practice demanded by the CTA and other unions. “This policy has become the status quo and it is not good for students.”
“New teachers are often some of the most excited. They come up with new ideas and great teaching strategies. Letting these kinds of teachers go is just bad business,” Cuen said.
The teachers who brought the case to the Supreme Court argue that mandatory union fees in the public sector violate the First Amendment rights of nonmembers since public employee unions engage in politically charged negotiations over taxpayer resources, public services, and government workers.
What would happen were the court to rule for Cuen?
“A favorable ruling would mean that after 20-plus years as an agency fee payer, I would finally stop having money taken out of my paycheck without my consent,” she said.
“It would mean that if teachers unions want their members’ money, they’d better come up with an attractive, responsible, user-friendly organization that listens to its members and provides services that are focused on working conditions for its members, not politics and social issues.”
Arguing against Cuen and her fellow petitioners, union lawyers warn that ending mandatory fees in the public sector would upset labor peace, harming workers by weakening unions.
Cuen disagrees, saying public employee unions could become stronger, not weaker.
If the CTA and other teachers unions had to earn members’ dues, “union members would actually want to be members and would be glad to be associated with the union,” Cuen said. “How is this a bad thing?”
During oral arguments on Jan 11., a majority of Supreme Court justices seemed sympathetic to the position advanced by attorneys representing Cuen and the other teachers. Counsel for the petitioners has asked the court to rehear the case after a replacement for Scalia is confirmed.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Cherry-Picking Michigan Charter Data Leads to Wrong Conclusions
Based on the best evidence, charter schools are a net benefit
The National Cherry Festival in Traverse City is more than four months away, but when it comes to the record of charter schools, Education Trust-Midwest has started picking early.
Ed Trust tried to stake a claim in the debate about Michigan's lackluster educational performance by aiming squarely at a small sector of public education: charter schools. It's appropriate to have a discussion about what more charter schools could do to help drive improvements. And reasonable observers can express frustration that charters haven't raised the bar high enough.
But to argue that Michigan charters are doing worse than other public schools and are “a national embarrassment” is a gross misrepresentation of what the research evidence actually says.
Ed Trust's latest report states: “According to the Center for Research on Education Outcomes (CREDO) at Stanford University, roughly 80 percent of charters have academic achievement below the state average in reading and math.” The editors of the Detroit Free Press uncritically repeated the statement. Amber Arellano, one of the co-authors of the Ed Trust report, landed on the same point in a Huffington Post op-ed.
There's only one problem: This is a cherry-picked, simplistic statistic that runs exactly counter to the CREDO study’s actual findings. The isolated statement is drawn out of the context of a larger report that strenuously analyzes student-level data over a five-year period. The results of this sophisticated analysis make a very different point: Most Michigan charters are performing above the state average. The report found that 82 percent of Michigan charters created higher than average growth in reading, and 72 percent had higher growth in math.
These robust results take into consideration the fact that charter schools, on average, serve a much larger share of low-income and low-performing students compared to the rest of Michigan schools. In fact, nearly all of the CREDO study’s findings take this into account, except the one statistic that Ed Trust and Freep editors regularly repeat. Apparently, they’d prefer to ignore this reality and analyze apples in order to understand oranges.
What’s more, Ed Trust’s Arellano touts Massachusetts as a charter school success story — an alternative to Michigan’s supposed failure. But CREDO researchers did the same type of analysis of Massachusetts’ charter schools as they did of Michigan’s. And the findings throw a wrench into her argument. Michigan charters on average registered a slightly better track record in helping students improve reading compared to those in Massachusetts, while Massachusetts charters did slightly better in math.
There is one difference, though: CREDO found 44 percent of Massachusetts charters outperforming conventional schools in reading and 56 percent outperforming in math. In Michigan, 35 percent of charters bested traditional schools in reading and 42 percent posted similar results in math. But Michigan had a smaller percentage of charter underperforming compared to Massachusetts. Only 2 percent of Michigan charters underperformed in reading and only 6 percent in math. In Massachusetts, these figures were 13 and 17 percent, respectively.
Based on this type of school-to-school comparison, the CREDO results show that almost all charter schools in Michigan are doing about the same or better than their conventional school counterparts. Hardly an embarrassment, or, as Arellano puts it, “a national poster child of how not to do charter schools.”
In fact, CREDO made just the opposite point about Detroit charter schools in a different study of charter performance in urban communities. CREDO researchers identified Detroit as one of four cities in the country that had both a small share of low-performing charters and where a majority of charters outperformed their conventional counterparts. The report states: “These four communities of charter schools provide essential examples of school-level and system-level commitments to quality that can serve as models to other communities.”
Based on the best evidence we have, the type that measures student learning growth and controls for poverty and other socioeconomic factors, charter schools are a net benefit to public education in this state. Those who would suggest otherwise need to provide better evidence than a cherry-picked and crude statistic.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
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