Tenure and The Law....Alpha to Omega!

PoliticalChic

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Oct 6, 2008
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Academic tenure....
You fer it or agin it?

Surprise coming later in the thread....and from the heart of Liberalville! Stay tuned!



1. Background first.
Bet you didn't know that academic tenure was a Progressive idea. In the 19th century, university professors largely served at the pleasure of the board of trustees of the university. Sometimes, major donors could successfully remove professors or prohibit the hiring of certain individuals;…
Tenure (academic) - Wikipedia, the free encyclopedia

2. The modern institution of academic tenure was hastened by progressive academia’s solidarity with E.A.Ross, progressive sociologist and social engineer and eugenicist. His thesis was that immigration would lead to “race suicide,” and was influenced, as were most progressives, by German national socialists.

Know what eugenics is? The Progressive idea that government should simply kill people who don't fit their criterion.

3. E.A.Ross shared with Woodrow Wilson the belief that social progress had to realize innate differences between races: Africans and South Americans were close to being savages, and Asians might be more advanced but were degenerating.
He served as a tutor to Teddy Roosevelt on immigration, and Roosevelt wrote the introduction to Ross’s “Sin and Society.”
Gotta love those Progressives, huh?

a. He wrote: “Observe immigrants…in their gatherings, washed and combed, and in their Sunday best…[They] are hirsute, low-browed, big-faced persons of obviously low mentality…[C]learly they belong in skins, in wattled huts at the close of the Great Ice Age. These ox-like men are descendants of those who always stayed behind.”
David M. Kennedy, “Can We Still Afford To Be A Nation Of Immigrants?” Atlantic Monthly, Nov. 1996, p.52-68




4. Ross got a position at Stanford, but Stanford’s conservative grande dame and benefactor, Jane Lathrop Stanford disliked his loud and crude denunciation of Chinese ‘coolies,’ as this position was at odds with the university's founding family, the Stanfords, who had made their fortune in Western rail construction - a major employer of Chinese laborers.
Ibid.

5. Numerous professors at Stanford resigned after protests of his dismissal, sparking "a national debate.” Progressive organizations led by Richard Ely’s American Economic Association, rallied to his cause.

The NYTimes and other newspapers editorialized on his behalf.



6. But, Ross moved on to the University of Nebraska, where he worked with Roscoe Pound, on ‘sociological jurisprudence,’ and modern liberalism’s “living Constitution.”
In 1915, this was followed by the American Association of University Professors' (AAUP) declaration of principles—the traditional justification for academic freedom and tenure. In 1940, the AAUP recommended that the academic tenure probationary period be seven years -- still the current norm.
Goldberg, "Liberal Fascism."




Of course, today, academic protections only apply to Liberal/Progressives/Democrats/Marxists/socialists....weirdoes of all stripes.

7. " CAMBRIDGE — Michael R. Bloomberg implored Harvard University graduates Thursday to ardently defend the rights of others, citing what he described as growing intolerance for different religions, political ideas, and even college commencement speakers.
“Tolerance for other people’s ideas and the freedom to express your own are . . . perpetually vulnerable to the tyrannical tendencies of monarchs, mobs, and majorities, and lately we’ve seen those tendencies manifest themselves too often, both on college campuses and in our society,”....

Bloomberg also condemned how, he said, college campuses seem to increasingly profess only liberal viewpoints and refuse to listen to conservative ideas." In Harvard commencement speech, Michael Bloomberg assails lack of political diversity at college campuses - Metro - The Boston Globe





So....tenure originated with Progressives, who made certain that their sociopathic views could be inflicted on the young....

....and it continues unabated to this day.
 
A TEACHER in California has a one in 125,000 chance each year of being sacked for incompetence. In this respect, Californian teachers’ jobs are about 3,750 times more secure than those of private-sector workers. Contracts make it almost impossible to fire duds. And if a dwindling population or tight budget means lay-offs are necessary, schools are forced to fire the newest teachers rather than the worst ones. The system is hardly designed to foster excellence.


The lawsuit, issued on behalf of nine schoolchildren, concentrated on three areas: teacher tenure, dismissal procedures and seniority rules. The plaintiffs argued that the laws allowed grossly ineffective teachers to remain in their jobs, and that such teachers were disproportionately to be found in poor and non-white areas. Judge Rolf Treu struck down all five laws, saying they violated constitutionally guaranteed rights to equal education. “The evidence is compelling,” he wrote. “Indeed, it shocks the conscience.”

Teacher tenure: Brown v Board, the sequel | The Economist
 
A TEACHER in California has a one in 125,000 chance each year of being sacked for incompetence. In this respect, Californian teachers’ jobs are about 3,750 times more secure than those of private-sector workers. Contracts make it almost impossible to fire duds. And if a dwindling population or tight budget means lay-offs are necessary, schools are forced to fire the newest teachers rather than the worst ones. The system is hardly designed to foster excellence.


The lawsuit, issued on behalf of nine schoolchildren, concentrated on three areas: teacher tenure, dismissal procedures and seniority rules. The plaintiffs argued that the laws allowed grossly ineffective teachers to remain in their jobs, and that such teachers were disproportionately to be found in poor and non-white areas. Judge Rolf Treu struck down all five laws, saying they violated constitutionally guaranteed rights to equal education. “The evidence is compelling,” he wrote. “Indeed, it shocks the conscience.”

Teacher tenure: Brown v Board, the sequel | The Economist





Good job! You beat me to it!
This is why I called the thread 'Tenure- Alpha to Omega'......the suit against it is the latest chapter.




8. As you state:

" Nine students on Tuesday beat the California Teachers Association, the California Federation of Teachers, and the state education establishment in a Los Angeles County Superior Court. In a decision sure to inflame progressive allies of the teachers’ unions, Judge Rolf M. Treu ruled inVergara v. California that the state’s byzantine tenure, seniority, and dismissal statutes create “unequal conditions,” thereby violating the students’ civil rights.



9. ...if the decision stands....a host of bad public policies will be wiped off the books. Gone will be the absurd rule that teachers with 18 months on the job are eligible for lifetime tenure. Gone will be the “due process” requirements that cost the Los Angeles Unified School District $3.5 million to terminate seven incompetent teachers—only four of whom were dismissed successfully. And gone will be the “last in, first out” provision compelling the district to lay off highly qualified but untenured teachers ahead of their older but less effective colleagues.



10. The 2012 lawsuit .... claimed that California’s laws protecting the longest-serving instructors “impose a disproportionate burden on poor and minority students....the judge found that California’s laws “impose a real and appreciable impact on the students’ fundamental right to equality of education.” .... “evidence has been elicited in this trial of the specific effect of grossly ineffective teachers on students. The evidence is compelling. Indeed, it shocks the conscience.”
Tenure Denied by Ben Boychuk, City Journal 11 June 2014





What are the chances that the Liberals will allow this attack on their strongest supporters?

Let's see if they back the teacher's unions, or stand up for the "poor and minority students" to whom the judge refers!

After all.....everything they do is 'for the children.'


Any bets?
 
So were Food and Drug Act, manufacture liability, the women's vote, and so forth and so on. Right Wing Progressivism included prohibition and the Mann Act among other legislation.
 
So were Food and Drug Act, manufacture liability, the women's vote, and so forth and so on. Right Wing Progressivism included prohibition and the Mann Act among other legislation.





What an astoundingly inarticulate post.


Government schooling on display.
 
Sister Chic is merely parroting the dumbed down social con and reactionary far right's revision of American history.

She is afraid for you to know the truth that Progressivism is a process using government by left, central, and right for reform.

progressivism definition of progressivism in the Free Online Encyclopedia.



Change the subject?

Or admitting that your post made no sense.



I must admit that that flaw is far better than the usual lies.....

...but, I see in this post, you're right back at it.



BTW....just as most folks know you as a fake and phony, most know who the Progressives are.
 
Don't look now, but the windbag-in-chief, who obviously didn't know of this judge's decision, said this:

"Obama: ‘Our Future Rests’ On The Success Of DREAM Kids

About 30 to 40 percent of the kids in this school, by the way, are DREAM kids,” Obama said Wednesday evening. “You wouldn’t know it looking at them, because they are as American as apple pie. But every single one of these kids, you might not be able to tell the difference, but a whole bunch of them — they’re worried about whether or not they’re going to be able to finance their college education of their immigrant status."
Obama: 'Our Future Rests' On The Success Of DREAM Kids | National Review Online



So....where is the Rosegarden party celebrating Judge Treu???
After all....doesn't Obama want his 'future' kids getting a good education????

Oh....wait....Obama issued an executive order cancelling the future.
 
11. How long before the Liberals attack? Here it comes-

" The unions and their allies bitterly denounced Treu’s decision.... California Federation of Teachers president Josh Pechthalt said. “We know what’s in the record of evidence, and we have a high degree of confidence that we will prevail on appeal.”
American Federation of Teachers president Randi Weingarten criticized Treu’s “rhetoric” and “lack of a thorough, reasoned opinion.”

a. Meantime, State Superintendent of Public Instruction Tom Torlakson, who is running for reelection this year and who benefited from at least $2 million in independent CTA expenditures during his primary campaign, said Treu’s ruling could make “attracting, training, and nurturing talented and dedicated educators . . . even more challenging than it already is.”


[ "... talented and dedicated educators..."
Is he accidently saying that that is not what teaches now???]




12. “There is . . . no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms.... between 1 and 3 percent of California’s teachers are grossly ineffective. “Given that the evidence showed roughly 275,000 active teachers in this state, the extrapolated number of grossly ineffective teachers ranges from 2,750 to 8,250,”....

(But they only brought charges against seven???)

.... the number of grossly ineffective teachers has a direct, real, appreciable, and negative impact on a significant number of California students, now and well into the future for as long as said teachers hold their positions.”
Tenure Denied by Ben Boychuk, City Journal 11 June 2014


"... now and well into the future..."

Wasn't Obama just talking about the minority students being the future???


Yikes!
 
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Sister Chic is merely parroting the dumbed down social con and reactionary far right's revision of American history.

She is afraid for you to know the truth that Progressivism is a process using government by left, central, and right for reform.

progressivism definition of progressivism in the Free Online Encyclopedia.

Change the subject? Or admitting that your post made no sense. I must admit that that flaw is far better than the usual lies..... ...but, I see in this post, you're right back at it. BTW....just as most folks know you as a fake and phony, most know who the Progressives are.

You are trying, very poorly, to confuse process by misdefining terms.

You have been corrected for this before, and your betters will always point out when you do.

From my link above: "progressivism, in U.S. history, a broadly based reform movement that reached its height early in the 20th cent. In the decades following the Civil War rapid industrialization transformed the United States. A national rail system was completed; agriculture was mechanized; the factory system spread; and cities grew rapidly in size and number. The progressive movement arose as a response to the vast changes brought by industrialization."

Progressivism believes in reform by statist action.

Both conservative and liberals participate in the process.
 
Sister Chic is merely parroting the dumbed down social con and reactionary far right's revision of American history.

She is afraid for you to know the truth that Progressivism is a process using government by left, central, and right for reform.

progressivism definition of progressivism in the Free Online Encyclopedia.

Change the subject? Or admitting that your post made no sense. I must admit that that flaw is far better than the usual lies..... ...but, I see in this post, you're right back at it. BTW....just as most folks know you as a fake and phony, most know who the Progressives are.

You are trying, very poorly, to confuse process by misdefining terms.

You have been corrected for this before, and your betters will always point out when you do.

From my link above: "progressivism, in U.S. history, a broadly based reform movement that reached its height early in the 20th cent. In the decades following the Civil War rapid industrialization transformed the United States. A national rail system was completed; agriculture was mechanized; the factory system spread; and cities grew rapidly in size and number. The progressive movement arose as a response to the vast changes brought by industrialization."

Progressivism believes in reform by statist action.

Both conservative and liberals participate in the process.






A thousand monkeys sitting at typewriters will eventually produce Hamlet, but in the meantime they write your posts.

Still not a word about the subject of the thread?






Clearly, your constant attempt is to find some error in my revelations.....


....and you fail every time!


Congrats on your consistency....


....although, it does seem to fit Einstein's definition of insanity.




I have the perfect epitaph for your gravestone:

"Blissfully unfettered by the ravages of higher intelligence."
 
Can you imagine??? In California, Liberalville.....Unions vs minorities! Liberals vs Liberals!!!

This is better than Spy vs Spy!


13. ".... unions claim that teachers need tenure and seniority rules to protect them from arbitrary firings. They brush off compelling evidence that “due process” rules make firing incompetent or even criminal teachers too costly and time-consuming .... union officials insist that no less than the survival of academic freedom is at stake....


14. But as City Journal contributor Larry Sand argued last month, “Seniority as staffing policy has long since outlived its usefulness, if it ever had any.” ..... seniority-based layoffs disproportionately harm poor and minority schools, Sand pointed out that novice teachers tend to be dumped into low-performing schools, where they are the first to receive pink slips under the policy of “last hired, first fired.”
15. “The evidence at this trial was overwhelming,” Marcellus McRae, another of the students’ lawyers, said in a press call following Treu’s ruling. “We need to move forward on a system that no longer places the burden of apathy on the backs of our most vulnerable students. We have a defining moment today in California.”
Tenure Denied by Ben Boychuk, City Journal 11 June 2014


Tenure...a Liberal inception......attacked by Liberal constituents!!!

This is gonna get interesting......get the popcorn.
 
I wonder if the legal brains who lost tenure ever brought the issue before the courts. My guess is that they aren't smart enough or they are timid remnants of the union based education system.
 
The Elephant in the Room is the perplexing question of how you evaluate public school teachers.

It is fair to assume that if performance could be accurately measured, then it would be possible to carve out and excise the "bottom of the bell curve," as most viable private sector employers do from time to time (either voluntarily or due to business downturn). Over time, and coupled with more rigorous hiring practices, one might assume that the overall quality of instruction might be elevated to a point where one might even see academic progress, year over year.

But if the system of measurement is compromised, what have you gained? Or if no one has actually developed a system of measurement that can be logically justified as valid? Public sector institutions have a history of "cooking the books." If you set forth criteria for evaluation, in short order they will figure out a way to cheat, so that everyone is "successful." Look what happened with NCLB. The states lowered the success criteria so that they would all succeed.

A dose of private sector-ness must be injected into the system.
 
The Elephant in the Room is the perplexing question of how you evaluate public school teachers.

It is fair to assume that if performance could be accurately measured, then it would be possible to carve out and excise the "bottom of the bell curve," as most viable private sector employers do from time to time (either voluntarily or due to business downturn). Over time, and coupled with more rigorous hiring practices, one might assume that the overall quality of instruction might be elevated to a point where one might even see academic progress, year over year.

But if the system of measurement is compromised, what have you gained? Or if no one has actually developed a system of measurement that can be logically justified as valid? Public sector institutions have a history of "cooking the books." If you set forth criteria for evaluation, in short order they will figure out a way to cheat, so that everyone is "successful." Look what happened with NCLB. The states lowered the success criteria so that they would all succeed.

A dose of private sector-ness must be injected into the system.



It can be done.....but is blocked by the teacher's union.


Teachers’ Unions vs. Progress—Again
Teachers’ Unions vs. Progress—Again by Marcus A. Winters, City Journal 14 December 2009

"Ever wonder how effective your child’s teacher is? Officials in Albany would rather you didn’t know. At least that’s the lesson one has to take from their refusal to allow data systems to match students to teachers,…

Standardized tests produce rich sources of information that researchers can use to identify effective policies and practices. The data revolution, moreover, promises to move education policy away from politics. Numbers don’t have agendas or run for reelection. Accurately collected and properly analyzed, data can reveal truths that escape our sight.

One such truth is the effectiveness of individual teachers. Data analysis is far from perfect, and no one argues that it should be used in isolation to make employment decisions. But modern techniques can help us distinguish between teachers whose students excel and teachers whose students languish or fail. There’s just one problem with the data revolution: it doesn’t work without data.

New York has deliberately refused to take that step. The state already has a sophisticated system for tracking student progress, but it doesn’t allow this statewide data set to match students to their teachers. No technical or administrative factors prevent the state from doing so. Only political obstacles stand in the way."
 
Change the subject? Or admitting that your post made no sense. I must admit that that flaw is far better than the usual lies..... ...but, I see in this post, you're right back at it. BTW....just as most folks know you as a fake and phony, most know who the Progressives are.

You are trying, very poorly, to confuse process by misdefining terms.

You have been corrected for this before, and your betters will always point out when you do.

From my link above: "progressivism, in U.S. history, a broadly based reform movement that reached its height early in the 20th cent. In the decades following the Civil War rapid industrialization transformed the United States. A national rail system was completed; agriculture was mechanized; the factory system spread; and cities grew rapidly in size and number. The progressive movement arose as a response to the vast changes brought by industrialization."

Progressivism believes in reform by statist action.

Both conservative and liberals participate in the process.

thousand monkeys sitting at typewriters will eventually produce Hamlet, but in the meantime they write your posts.

Still not a word about the subject of the thread?

Clearly, your constant attempt is to find some error in my revelations.........and you fail every time!

Congrats on your consistency........although, it does seem to fit Einstein's definition of insanity.

I have the perfect epitaph for your gravestone: "Blissfully unfettered by the ravages of higher intelligence."

A thousand monkeys are far more likely to produce a good piece of writing than you, dear.

Your subject was put into context by my post.

Reactionary social conservatives like PC, trapped in a history that never happened, might have better luck as fantasy writers.
 
You are trying, very poorly, to confuse process by misdefining terms.

You have been corrected for this before, and your betters will always point out when you do.

From my link above: "progressivism, in U.S. history, a broadly based reform movement that reached its height early in the 20th cent. In the decades following the Civil War rapid industrialization transformed the United States. A national rail system was completed; agriculture was mechanized; the factory system spread; and cities grew rapidly in size and number. The progressive movement arose as a response to the vast changes brought by industrialization."

Progressivism believes in reform by statist action.

Both conservative and liberals participate in the process.

thousand monkeys sitting at typewriters will eventually produce Hamlet, but in the meantime they write your posts.

Still not a word about the subject of the thread?

Clearly, your constant attempt is to find some error in my revelations.........and you fail every time!

Congrats on your consistency........although, it does seem to fit Einstein's definition of insanity.

I have the perfect epitaph for your gravestone: "Blissfully unfettered by the ravages of higher intelligence."

A thousand monkeys are far more likely to produce a good piece of writing than you, dear.

Your subject was put into context by my post.

Reactionary social conservatives like PC, trapped in a history that never happened, might have better luck as fantasy writers.



The Jakal....striving for relevancy....

...and failing.


But....your incompetence is an inspiration to idiots everywhere.
 
Don't look now, but the windbag-in-chief, who obviously didn't know of this judge's decision, said this:

"Obama: ‘Our Future Rests’ On The Success Of DREAM Kids

About 30 to 40 percent of the kids in this school, by the way, are DREAM kids,” Obama said Wednesday evening. “You wouldn’t know it looking at them, because they are as American as apple pie. But every single one of these kids, you might not be able to tell the difference, but a whole bunch of them — they’re worried about whether or not they’re going to be able to finance their college education of their immigrant status."
Obama: 'Our Future Rests' On The Success Of DREAM Kids | National Review Online

What he meant is, the Democratic Party's future rests on the success of 'Dream Kids' (illegal aliens)



So....where is the Rosegarden party celebrating Judge Treu???
After all....doesn't Obama want his 'future' kids getting a good education????

Oh....wait....Obama issued an executive order cancelling the future.

Education is not what it's about, it's about a good indoctrination!
 
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"Teachers unions and their political puppets are said to be preparing for lawsuits like the one in California that slashed tenure protections. They’d better gather their sandbags and dig a bunker because the bombshell suits are coming their way.

....a missile aimed squarely at the union racket, which effectively argues there is no such thing as a teacher who deserves to be fired. Any attempt to bounce the worst of the worst is met with years of litigation that, the California case showed, is always expensive and rarely successful.

....presents Mayor Bill de Blasio with a dilemma. He promised to improve education, but embraces the union. In fact, the new contract he negotiated took away student tutoring time, and his chancellor, Carmen Fariña, adopted a blatant policy of social promotion. The contract also makes it less likely that lousy teachers will be fired."
Teachers? unions are facing a tough lesson | New York Post
 

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