The following email was sent today from Rep. Debra Maggart (R-Hendersonville) defending her piece of legislation that has been dubbed the “anti-teacher bill” by many, including myself. She sent this email to all teachers in Sumner County on their SCHOOl email accounts. Sumner County has a policy that faculty CANNOT send political emails on the school email system (i.e. first.last@sumnerschools.org). The school board in Sumner County has shown its true colors by giving Maggart the access to send the email to all teachers. The press and citizens should call on the board, and Maggart, to apologize for this blatant misuse of powers.
In her email, Maggart TRIES to defend her bill, and even further tries to demonize the SCEA (Sumner County arm of TEA), and TEA. Rep. Maggart should be ashamed. I know that I, as a resident of Sumner County, am appalled and ashamed of this disregard of Sumner County policy.
A letter to the Teachers of Sumner County
Dear Educator:
Many of you have contacted my office regarding the filing of HB130/SB113 as well as other bills in the Tennessee General Assembly. I have put together a question and answer piece based on your exact words and my responses to your concerns in an effort to reach out to ALL of our teachersboth the union members and the non-union members to have a discussion about these measures before us. I hope you will take the time to read this. Let me apologize ahead of time for its length. I truly believe that the teachers of our county want what is best for our children. I also know that our educators want respect and recognition for what they do every day. They deserve both.
This bill serves the best interests of teachers, our school systems, but most importantly our students. Let me be clear, this bill is not anti-teacher. It is a pro-education bill that rewards teaching excellence and places student achievement as the top priority.
HB130 does this by removing the negotiating authority of the unions. Tennessee is a right to work state and does not authorize any other public-sector employees to engage in collective bargaining, except the union representing educators. State employees, firefighters, and police are all prohibited from the practice.
An honest examination of the facts proves that collective bargaining between the school systems and unions has created a climate of antagonism between those who should be working together to advance a positive agenda for our children and preparing them for a bright future. The process itself is adversarial and confrontational and does not lend itself to cooperation. Due to the mandatory negotiating privilege given to the unions by our State, a school system will often agree to unreasonable demands in a contract simply to prevent an expensive lawsuit. Ultimately, this impacts the taxpayersthe very people whom the teachers, the school board, and the Legislature work for and from whom they expect positive results in the classroom.
I agree with many of you that the collective bargaining model made sense fifty years ago. This archaic model no longer works in our increasingly competitive economy and the process handicaps a school systems ability to attract and retain the best and the brightest teachers.
The whole system needs an overhaul. School boards and superintendents must share the blame for maintaining the status quo as well. As a legislator, I have watched from the sidelinesalong with our citizenswhile our local board, our superintendent, and the SCEA have played a game of chess where no winner ever emerges. Personalities and power struggles abound and the Tennessee General Assembly has allowed one organization to have an inordinate amount of power by law.
In the poisonous atmosphere that has been created through statute, do we really have to ask why Tennessee is ranked so low in education results?
Additionally, parents share some responsibility in the current state of affairs. Many have contributed to the problem by not cherishing and caring for their children and, instead, expect public education to play this role.
As I stated at the beginning, an honest accounting of the facts reveals we all have failed in letting our States education system slide to the brink of irrelevancy.
Now is the time to stop the educational hemorrhaging and prevent the loss of qualified teachers, potential leaders, and a future that is growing out of reach for more and more Tennesseans.
It is time for teachers, school boards, parents, and legislators to have an honest discussion about where we are in Tennessee regarding education and where we want to go. It is time that the needs of our children outweigh the needs of special interests. I believe that is what the teachers of Sumner County want. I know I do and I believe that the public does, as well.
I look forward to your questions and comments after you read the Q & A below. If you feel comfortable, I would like to hear from you regarding how we can help you do your job, i.e., getting rid of paperwork requirements that take up your planning periods, etc. I would like to ask you what do you need as a teacher to be better, more creative, create success, and achieve more results with your students?
1. Why do you hate teachers and want us to suffer?
I do not hate teachers. My mother was a first grade teacher and she adored her students, her school, and her principal. Our teachers work hard and deal with children from all walks of life and situations. In todays world, some of these children are prepared for school while most are woefully not. I do not want teachers to suffer. I want to reward excellent teachers for doing a great job and producing students who are prepared for the challenges of the 21st century. I believe effective teachers are the greatest resource we have in providing a quality education to our students. Good teachers deserve to be rewarded for their excellence. Unfortunately, collective bargaining preserves the status quo and prevents merit pay for highly effective teachers and teacher bonuses and incentives for those who will rescue a failing school.
2. Without my teachers unions ability to collectively bargain, who will be my voice?
Direct Access. As a teacher, you can have direct access to the school board and management. You can do this yourself which is why this legislation empowers teachers like never before.
Forty-six school systems in Tennessee do not collective bargain. These school systems use collaborative bargaining where the teacher association representatives sit down with the school board to negotiate. Teachers in those school systems have the ability to directly negotiate their contracts while continuing their ability to remain in an association and attend board meetings.
It should be pointed out that, on average in these systems, teacher pay is increased more rapidly and students achieve at a higher rate.
This legislation empowers our teachers and allows our State to bring willing partners to the table to advance the interests of our children. Under state law, the non-union teachers in Tennessee are prohibited from taking their concerns directly to the school board. With these current conditions, these non-union teachers must adhere to contract negotiations, whether they like the terms or not. If they want their voice heard, their only option is to pay to go through the union representatives.
3. Why are you doing this to us? We want to know why you are bringing this legislation forward.
It is time for a new directionI want to promote learning over the politics of teaching while putting students first.
While there certainly is a lot of heated rhetoric out there, the truth is that this legislation is a pro-teacher bill that rewards achievement in the classroom and helps promote the best and the brightest in the educational field. By eliminating the collectivist authority of the unions that are trying to dominate the conversation, this bill serves the best interests of students, teachers, and school systems across our State.
For years in this great nation, unions have stymied education reforms. If you dont believe me, just do the research. I recommend you read Collective Bargaining in Education, a study by the Harvard Education Press. This is an examination of the history of collective bargaining and how unions motivate their members. For decades, the union has promoted the idea that the working conditions of our teachers are the learning conditions of our students while blocking vital reforms and favoring existing arrangements that protect jobs and restrict accountability for student performance and achievement.
The study A Better Bargain: Overhauling Teacher Collective Bargaining for the 21st Century by Frederick M. Hess, American Enterprise Institute, and Martin R. West, the Brookings Institute reveals:
Collective bargaining contracts are especially problematic on three fronts:
They restrict efforts to use compensation as a tool to recruit, reward, and retain the most essential and effective leaders.
They impede attempts to assign or remove teachers on the basis of fit or performance.
They over-regulate school life with work rules that stifle creative problem solving without demonstrably improving teachers ability to serve students.
Union leaders typically greet this diagnosis with a reflexive refrain: What is good for teachers is good for students. While superficially appealing, that sentiment is simply untrue. In fact, the results of the collective bargaining process are too often incompatible with providing a high-quality education for all students.
According to our Comptrollers most recent weighted salary reports, teachers in systems that are not involved in collective bargaining on average make more in salary and benefits than those in systems involved in collective bargaining. Student achievement is higher in non-negotiating systems according to data from Tennessee Department of Education `Report Card. Statewide average student test scores of non-collective bargaining local school districts top negotiating school districts, according to an analysis done by Lt. Gov. Ron Ramseys office using the data of the Tennessee Department of Education Report Card. You can read the article that appeared in the Kingsport Times News by going to this link: http://www.timesnews.net/article.php?id=9029998
4.TEA union leaders say that without collective bargaining, we will go back to the good old days, when African-American teachers made less money than their Caucasian peers and men were hired over women.
We have federal and state laws that prohibit discrimination and everyone, including the teachers union, knows this to be true. This is an irresponsible and inflammatory statement made to stir up controversy and fear. It is particularly disturbing that the TEA leadership would deliberately mislead its dues-paying members about something so patently false.
In fact, any rhetorical parallels that are attempting to link this discussion with the Civil Rights movement of the 1960s are both gross hyperbole and demeaning to the courageous men and women who fought so hard for equality in our nation. While I never mind an occasion for serious debate and adult discussions, I would hope all of us can steer clear of irresponsible comments that serve no use to Tennessee.
5. Collective bargaining improves our working conditions, i.e. , we have duty free lunches where we are not required to eat lunch with our students, we no longer have to help our students board the school bus and we are not forced to work the gate at the ballgames. Our leaders tell us to say that the working conditions of our teachers are the learning conditions of your children.
This is a line I hear over and over from union officials that appalls me. At first, when I heard it the initial dozen times, it gave me the impression that our teachers are working in a coal mine. Anyone who has been in a school in Sumner County knows this is certainly not the case. Collective bargaining is about what is best for the union and its ability to retain power, not the children. That is the TEAs mission and you can hear it for yourself by going to http://www.youtube.com/watch?v=WyGiuoKr-ew
Collective bargaining prohibits performance pay for teachers. All teachers are treated the samethe excellent ones are paid the same as the poor performers. In a nation where we try to motivate students to achieve more and aspire to be more, what kind of message does this send?
It is fundamentally unfair. Collective bargaining makes it almost impossible to dismiss teachers for poor performance or misconduct, which means less pay and lower benefits for high performing teachers. We all can cite examples in Sumner County that have made the news. The good teachers in this county know exactly who is getting the job done and who is not, yet the union blocks the solution and ultimately our children suffer. The union is focused solely on protecting its self-interests, not educating students and this one-size fits all approach denigrates teachers and students alike.
6. The union says I must belong so that I have liability insuranceI simply cannot imagine walking into the classroom without it.
Many educators are unaware this same liability policy that the union offers its members may be purchased as a rider to a homeowners, renters, or condominium insurance policy for a fraction of the cost. You can purchase one for $28 per year that gives you one million dollars in coverage. Beyond that, the Board of Education carries a liability policy on every employee in the system.
7. You are stabbing us in the backwe cooperated with you last year in order to get the Race to the Top funding!
The sweeping reforms contained in Race to the Top (RTTT) would have never passed if they would have had to occur on the local level through negotiations. Ask yourself, Why did we have to get the union to sign off on RTTT? Why were they blocking the reforms in the first place? More alarmingly (and perhaps unsurprisingly) reports are already coming in from school systems that the local unions are throwing up roadblocks to these reforms the State agreed to in order to participate in RTTT.
8. I am a Republican and a member of the SCEA, the TEA and the NEA and I am unhappy that the Republicans have brought these reforms forward.
This is a statement that is the most incredulous. While we have the first amendment right of assembly, I hope that all conservative teachers do their research to fully understand what the NEA is all about and that by being a part of that organization and investing your hard earned money, you are promoting their mission. This is a mission that I know the people of Sumner County do not agree with at all.
Here is the NEAs 2010 legislative program (which is in direct opposition to what conservatives and Republicans believe).
2010 NEA Annual Convention
These major objectives in the NEAs Legislative Program were adopted:
Mandatory full-day kindergarten attendance for all children, with federal money if the state can’t afford it
Repeal of the right-to-work provision of federal labor law
A tax-supported, single-payer health care plan for all residents of the U.S., its territories, and Puerto Rico
Federal funding for illegal aliens in public education & student aid for illegals in colleges
Federal programs to teach schoolchildren about different sexual orientations
Legislation to prohibit religious organizations that accept federal funding from basing hiring decisions on religion, sexual orientation, gender identity and expression, or HIV/AIDS status
Legislation to study possible reparations to African Americans to address residual effects of slavery
Statehood for the District of Columbia
Opposition to tuition tax credits, vouchers, and parental option or “choice” in education programs
Opposition to using draft registration as an eligibility criterion for financial aid
Opposition to the testing of teachers as a criterion for job retention, promotion, tenure, or salary increases
Opposition to designating English as the official language of the United States
Opposition to the use of voter ID cards for voting in local, state, and national elections
Opposition to privatization of Social Security
Opposition to any constitutional amendment limiting taxes or the federal budget
9. You are my Representative and you are not representing me.
Not only do I represent the 2,000+ educators in this county, I also represent the 27,000+ students and their parents, as well as the taxpayers who fund public education with their hard earned money
10. I am afraid of the pro-union teachers at my schoolthey badger me about joining the union and my principal has asked them to stop.
How sad that we have teachers who deeply desire to be treated as professionals and are role models for our children who treat their colleagues this way. It is unfortunate and I know firsthand about union intimidation tactics. I have received comments from teachers who have told me how they will work tirelessly to defeat me in the next election, that a meeting was held last night to plan how to destroy your political career and you have sealed your fate regarding your political career.
This is going to be a difficult issue to tackle. If I were concerned with self-preservation, I would not have accepted this challenge. I decided to carry this legislation because it is what is right for the children, educators, and families in Sumner County.
I hope that you will carefully consider the points above and keep an open mind as the debate over this issue moves forward.
I am working closely with my colleagues here at the Legislature, and with members of the education community. I am taking all comments that I have received into consideration and hope that you will continue sharing your concerns with me.
Thank you for your consideration and your time.
Sincerely,
Debra
Debra Young Maggart
State Representative
45th District
203 War Memorial Building
Nashville, TN 37243-0145
(615) 741-3893
(615) 253-0350 FAX