Free the Schools
Philip K. Howard
New York Daily News, May 15, 2005
A few years ago a teacher in Brooklyn was convicted of selling cocaine to another teacher--in Board of Ed envelopes, no less. After release from prison he had the nerve to demand his job back. You would think that selling cocaine was sufficient proof of character "unbecoming a teacher." But no, after a two-year legal proceeding, he was ordered to be rehired.
Getting rid of teachers who misbehave, as the Daily News highlighted last week, happens very rarely. Getting rid of teachers who aren't any good at teaching, or who don't try, is basically impossible.
The absurd process for teacher discipline is only part of the story. Teachers can't maintain order because similar trial-like proceedings are required for student discipline. Teachers are subjected to shocking disrespect by students, and they can't do anything about it without slogging through hopeless bureaucracy.
Bureaucracy is everywhere. Both sides are to blame. Principals can't sensibly organize the workday because of rigid work rules in the 250-page teachers' contract. More than 1,000 pages of chancellor's regulations--that's right, more than 1,000--try to dictate exactly how teachers do their job. Good teachers are forced to think about bureaucratic compliance instead of how to make learning exciting. As union head Randi Weingarten put it, "Every minute of the day and every inch of the classroom is dictated. Teachers are demeaned, they are stripped of their professionalism and they are expected to behave like robots, incapable of independent thought."
Like tired prizefighters staggering through the late rounds, the union and the chancellor pummel each other with legal requirements, guaranteeing a knockout--a TKO of New York schools.
There's only one solution: Abandon this entire bureaucratic structure. Reforming it would be like trying to prune a jungle. The core flaw is the idea of running schools by rules. Bureaucracy can't teach--or distinguish good teachers from bad. Legal guidelines should be no more detailed than they are for any effective organization. Schools are a uniquely human enterprise. Real people must make the needed judgments. Teachers must be liberated to run the classroom. Principals must have the freedom to manage schools. Give everyone the freedom needed to fulfill their responsibility.
But, of course, some people will not be good at their jobs. That's how life is. Here lies the secret of getting rid of bureaucracy--personal accountability. There must be a practical, effective way of getting rid of those who aren't up to the job. There's no need for thousands of rules telling everyone how to do their jobs if you can get rid of those who are not up to the task. It's like a law of physics: teachers can be free to use their judgment only if principals are free to use their judgment.
Distrust is the sticking point. Principals aren't perfect either. How do we protect against bad or unfair decisions?
Safeguards can be created, however, without legal trials and thousands of rules. The best model is probably oversight committees--say, with a union rep, a parent and someone from the DOE. This committee could have the authority to review important decisions. No lawyers, no trials. Teachers and parents know who is good and who is not.
The teacher's union legitimately will want a safety net. Some teachers will do better in a different school, a different grade or with re-training. If it is finally determined that a teacher is not cut out to teach, I would advocate a severance package based upon years of service. This provides an additional incentive against arbitrary dismissals. But no teacher who is ineffective, or who misbehaves, should ever have the "right" to continue teaching. What about the rights of our children?
Teachers need a new deal. So do the students. Only by getting rid of the bureaucracy can we restore professionalism to teachers and a culture of learning to our schools.
Howard, an attorney and author, is chairman of the bipartisan legal reform coalition, Common Good (cgood.org).
Printed from http://www.cgood.org/