Teachers Unions Not Yet Hobbled by Supreme Court Ruling

Charter schoolThe U.S. Supreme Court’s June decision in the Janus v. AFSCME case that public employees couldn’t be compelled to pay union dues was widely seen as a game-changing moment in U.S. politics.

The coverage on The Atlantic website was typical. It called the decision, which stemmed from a lawsuit brought by Illinois state employee Mark Janus, a “huge blow” to public sector unions and suggested the decision had the potential to “end” such unions in America.

But five months later, the experience of the most powerful public employee union in the nation’s largest state undercuts the assumption that Janus would take a quick toll on unions’ clout. In supporting Assemblyman Tony Thurmond, D-Richmond, for state superintendent of public education against Marshall Tuck, the California Teachers Association spent $16 million as of Oct. 31 – $5 million more than it did in the entire 2014 superintendent election, where the union supported incumbent Tom Torlakson over Tuck, a former Los Angeles school executive with deep support from charter school advocates and a loose coalition of tech billionaires.

Torlakson narrowly defeated Tuck. This election, Tuck and Thurmond have been trading the lead in recent days. With millions of votes yet to be counted, no journalism organization has called the race.

The CTA does not issue regular updates on its membership status. But a recent Sacramento Bee analysis suggested that the union, as in previous years, had 90 percent membership among the 325,000 teachers it represented. So while it’s lost dues from the 10 percent of teachers who reject union membership, the CTA still collects more than $150 million in dues annually – making it the most powerful force in the California Democratic Party.

Union clout to be tested in coming fight over funding

The extent of the CTA’s clout is likely to be tested soon – whether Thurmond or Tuck is elected. That’s because both have said they oppose one of Torlakson’s most controversial, union-favoring decisions: His 2015 announcement that the extra funding going to schools with disproportionate numbers of English learners, foster children and impoverished students could be spent on general needs, such as raises for teachers.

Torlakson’s decision, which overrode a directive from a lower-ranking official in the state Department of Education, spurred outrage in education reform circles. The Local Control Funding Formula – the 2013 state law changing how districts were allocated state dollars – had been pitched as creating a lock-box of dollars that would be spent only on helping underachieving students.

But Torlakson’s decision had the effect of turning the local-control funding into a de facto block grant. Many districts have used the funds for employee raises.

If Thurmond or Tuck revive the lock-box theory of how the funds can be spent, that’s likely to create huge headaches for most school districts, which have received an average of $8 billion a year in local-control dollars since the law took effect.

Newsom close with both teachers unions and reformers

A key factor in the coming fight over funding is the position taken by Gov.-elect Gavin Newsom, who was strongly backed by the CTA but is also friends with the tech tycoons who want education reform. The governor’s control over parts of the Department of Education’s budget gives him a powerful lever to use on the state superintendent.

On the campaign trail, Newsom said teachers are underpaid and schools are underfunded. But he’s also rejected Gov. Jerry Brown’s claim that education reform is a “siren song” in which trends come and go but schools never get better. In interviews, Newsom has noted the success of education reform in union states like Massachusetts and New Jersey.

It’s unclear when the count of the Thurmond-Tuck vote will be complete. But the recent statewide election with the most parallels to the race offers encouragement for Thurmond, a former social worker.

In the 2010 attorney general’s race, Los Angeles District Attorney Steve Cooley, a Republican, took such a substantial early lead over San Francisco District Attorney Kamala Harris that the San Francisco Chronicle pronounced him the winner on election night. But as millions of provisional and late ballots were counted, the tide turned steadily toward the union-backed Democrat. Three weeks later, Cooley conceded when Harris’ lead topped 50,000 votes. Harris ended up winning by more than 74,000 votes – about 1 percent of total voters.

This article was originally published by CalWatchdog.com

Public-Employee Unions Maintain a Privileged Status

School union protestAs a result of the Supreme Court’s ruling in Janus v. AFSCME, teachers and other public employees in 22 states can no longer be compelled to pay “agency fees”—the money that the union claims it costs to represent them—as a condition of employment. A teacher in newly liberated California can now save $1,100 or $1,200 per year in fees that the union claimed were necessary to cover the cost of representing him in collective bargaining.

Unions are preparing to take a hit. In advance of the decision, which was widely expected, the California Teachers Association projected a loss of 23,000 members. The union also figures to lose revenue from 28,000 non-members who had quit the union but were forced to cough up the agency fees. In order to soften the financial blow, CTA has announced a per-teacher dues hike of $23 a year for the 2018-2019 school year, bringing teachers’ state dues to $700 annually. CTA’s parent, the National Education Association, bracing for a 10 percent loss in membership, is slashing its budget by $50 million and raising its per-teacher share of dues from $189 to $192.

But while teachers and other public employees are off the unions’ hook, the rest of us Californians are still paying. Taxpayers foot the bill for the collection of union dues, which local school districts deduct from a teacher’s monthly paycheck, just like federal and state withholding taxes. The school districts turn the money over to local teachers’ unions, which don’t pay a penny for the transactions. Simply put, the taxpayer is the bagman for the union. Some states are pushing back, however. A proposed bill in Louisiana would allow school boards to charge unions an administrative fee of up to 3 percent of the union dues.

That’s a start, but public unions remain financially formidable. All unions enjoy tax-exempt status with the IRS. The NEA took in $365.8 million in 2015, according to its most recent available tax return—just about all of it coming from taxpayer-supported teachers’ salaries. The CTA’s income was $183.1 million, per its latest return. In total, the NEA and its state affiliates take in about $1.6 billiona year in tax-free money, and that doesn’t include money paid to NEA locals, the American Federation of Teachers and its affiliates, or AFSCME, SEIU, and all the other public-employee unions. The numbers are staggering, and will remain so. The irony is that these unions persistently use their taxpayer-paid, tax-free money to lobby legislators to raise taxes.

To add insult to injury, a new bill in California would make union dues tax-deductible. “Californians, in effect, will collectively subsidize union dues,” reports the Pacific Research Institute. “The bill would cost taxpayers $250 million the first year, $170 million in 2019-20, and $180 million in 2020-21.” The bill has passed muster in the state assembly and is on its way to becoming law. On an ongoing mission to kill off charter schools and voucher programs, the teachers’ unions rail against “privatizers” who seek to profit from public education. But when it comes to a private entity making a killing from public education, the teachers’ unions have the market cornered.

Before, during, and after the Janus proceedings, public unions pumped out a steady stream of clichés, claiming that the court case represented an attempt to “rig the system,” “rig the economy,” and “rig the rules.” But what the Janusdecision really did was to bring a semblance of fairness to a system that the unions have been gaming for years. Now that Janus has freed public employees from union domination, taxpayers in California and elsewhere need emancipation from the same abusive special interest.

The CTA’s ongoing charter school whoppers

Charter schoolWashington Post writer Jay Mathews is “woke” to the fact that the California Teachers Association lies.

Jay Mathews has been around the block a few times. He has been with the Washington Post since 1971, and for many of those years he has written about education issues, often arguing for sensible reforms. Which is why I was stunned to see a Mathews’ headline last week which read, “Maybe this teachers union needs a crash course in truth in advertising.” Seems that the venerable scribe was perplexed and angered by a radio spot run by the California Teachers Association in which the union does its usual – lies, exaggerates, builds strawmen and tries to elicit gasps out of everyone within earshot.

The basic premise of the ad is that evil right wingers Donald Trump, Betsy DeVos and the Koch Brothers see your seven year-old as a cash cow and want her to go to “their corporate charter schools” to make them rich beyond their wildest dreams.

CTA business as usual here, but if Jay Mathews is now woke, I guess that’s a good thing.

Mathews also may have gotten a jolt if he saw a recent post on the CTA website in which the union informs us that Tony Thurmond, their candidate for California Superintendent of Public Instruction, will be holding a tele-town hall on May 9th. Alluding to Thurmond’s opponent Marshall Tuck, CTA claims “… corporate billionaires are pouring millionsinto the races of candidates who share their agenda to divert funding away from neighborhood public schools to privately-run charter schools.” In fact, Tuck is adamantly opposed to privately run charters and has stated so many times, claiming, “Profit has no place in our public schools….”

If he hasn’t already done so, I would advise Mr. Mathews to visit a website established by CTA in 2016 called Kids Not Profits. In addition to the exaggeration about the privatization of charters (less than 3 percent in California are), it includes the time-worn fantasy that charters “cherry-pick their students” and weed out students with special needs.

In fact, as R Street Institute’s Steven Greenhut writes, the opposite is true. Using information from a report by ProPublica, an organization whose focus is investigative journalism, Greenhut found a national pattern in which public school districts have used alternative schools, including charters,  as a “a silent release valve for high schools … that are straining under the pressure of accountability reform.” These public schools dump off weak students “whose test scores, truancy and risk of dropping out threaten their standing.”

So just who are the cherry pickers?

Also, parents who have kids with special needs are prone to send their kids to charters. For example, the mother of a child in Florida, who has “oral motor delays, including extreme feeding difficulties” could not find a traditional public school (TPS) that could accommodate her daughter and found a charter school that could.

Looking at the bigger picture, there have been a gaggle of studies comparing student achievement in charters and TPS. Most studies give the edge to charters to varying degrees. But even if charters do the same job as TPS, charters should be deemed preferable as they do it by receiving, on average, 28 percent less funding than TPS.

Additionally, a revealing new study conducted by Patrick Wolf, Corey De Angeles, et al shows that in eight big American cities, each dollar invested in a child’s k-12 schooling results in $6.44 in lifetime earnings in public charter schools compared to just $4.67 in lifetime earnings in TPS.

That traditional public schools dump kids into charters, frequently can’t handle kids with special needs and don’t give students the same bang for the buck as charters are realities that CTA and other teachers unions either omit or lie about when they push their anti-charter agenda.

One other tidbit not discussed by CTA is that charters are less likely to be unionized than they were six years ago. The National Alliance for Public Charter Schools found that 11.3 percent of the nation’s charters in the 2016–17 school year were unionized, down from 12.3 percent in 2009–10.

That Jay Mathews has awakened to the prevalent dishonesty of the teachers unions is encouraging. As we celebrate National Charter Schools Week, I only hope more mainstream media writers follow suit and aggressively expose teacher union mendacity.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This article was originally published by the California Policy Center.

School Spending Up; Student Performance Down

School educationCalifornia school boards are prevented by the state Legislature and governor from offering disproportionate pay to employees willing to work in high-poverty zones, cutting pension spending, altering tenure rules or granting principals the power to fire poorly performing employees. The outcome: poor student performance and shaky finances despite a big increase in spending.

All it takes is 62 legislators and the governor to change that outcome. Every legislator knows that school districts should not be forced to grant permanent employment after just 24 months or to divert money from current to retired teachers and should be permitted to pay more to teachers who take on tougher assignments and to fire under-performers.

The only thing stopping them is fear. They are afraid of CTA, the largest commercial and political special interest roaming the halls of the State Capitol. But don’t blame CTA. Its members collect ~$70 billion per year from taxpayers. You too would roam the Capitol if you collected that kind of money from legislators. Blame legislators and governors who don’t have the courage to attack the real causes of school distress. It is they who are letting down students — especially our most vulnerable students. Just look at what’s happening in San Francisco and around the state.

But the legislature and governor don’t get all the blame. Believe it or not, some districts subsidize retirees at the expense of current employees. San Francisco could pay teachers an extra $40 million this year if it stopped subsidizing health insurance for retirees who, like their fellow Californians, could obtain health insurance on the state’s excellent Obamacare exchange (Covered California) until they become eligible for Medicare. The city of Glendale shows how. The San Francisco school board doesn’t need permission from the state to make that change right now. But instead, it is asking voters to approve an additional tax on property. Middle class residents already find it tough going in San FranciscoNow the school board wants to make it even harder  in order to subsidize retirees. Fixing that doesn’t take rocket science. It just takes courage.

ecturer and research scholar at Stanford University and President of Govern for California.

This article was originally published by Fox and Hounds Daily

Gov. Brown Bows Out in Last State of the State Address

Jerry Brown state of the stateIn his 16th and final State of the State address, California governor Jerry Brown made a case that his policies have charted a glorious future for the Golden State. Californians may not be convinced, but for longtime observers, Brown succeeded in summarizing and encapsulating his political career.

“Learning takes place in the classroom,” Brown said, “and that’s why our first job is to support teachers and give them the training and freedom to teach as they know best.” Brown did not cite the state’s stagnating, subpar test scores in math and English proficiency, but he did note that “spending has dramatically recovered.” In 1975, Brown signed the Rodda Act, which authorized collective bargaining by teachers’ unions such as the powerful California Teachers Association. Brown stumps for tax increases on behalf of poor minority students, then looks the other way as educrats spend the money on salary increases, a process he calls “subsidiarity.” Teachers’ unions can deliver miserable results and still get whatever they want. Indeed, the state’s government-employee unions are so powerful that they gather outside the capitol and proclaim, “this is our house.” Brown rewards them with bonuses; the state payroll is up $1 billion.

Brown beat the drum on climate change and called for incentives to produce 5 million zero-emission vehicles by 2030. In that cause, he said, the new $5.2 billion tax on gasoline and diesel fuel—and a new annual fee on all vehicles—was “essential,” adding, “I will do everything in my power to defeat any repeal effort.” Brown thus rehearsed his well-established fondness for punitive taxation. When the tax-limiting Proposition 13 appeared in the late 1970s, Brown attacked it as a “fraud” and a “rip-off.” After it passed, Brown declared himself, unpersuasively, a “born-again tax cutter.” He leaves behind a state with the highest marginal income-tax rate, at 13.3 percent, and the highest base sales tax, at 7.5 percent. And he blasts those who protest high taxes as “freeloaders.”

“I like trains,” Brown said, “and I like high-speed trains even better,” referring to the state’s beleaguered high-speed rail project. “Yes, it costs a lot of money,” Brown said—and he provided no overall cost estimates—but in the long run, it would prove “cheaper and more convenient than expanding airports and building new freeways.” The bullet train would be “fast, quiet, and powered by renewable electricity and last 100 years,” and it was already employing 1,500 construction workers. (By the logic of using infrastructure projects as jobs programs, California could equip the workers with spoons instead of tractors and thereby eliminate unemployment.) Brown neglected to add that the rail project also has a Sacramento headquarters and three regional offices, or that its board serves as a sinecure for washed-up politicians such as former congresswoman Lynn Schenk, once chief of staff to California governor Gray Davis. By some accounts, the bullet train will be more expensive than air travel, but Brown has always made things work for bureaucrats.

Brown conceded that crime remains a problem, and he outlined reforms in the state’s prison system and promoted “more mental health and drug treatment programs.” Even before he signed sanctuary-state legislation, Brown’s outlook on crime has tended to veer out of the mainstream, even for California. During his first governorship, in the 1970s, Brown refused to extradite American Indian militant Dennis Banks, who had fled to the Golden State after his conviction on riot and assault charges. Brown’s pick for California Supreme Court chief justice, Rose Bird, overturned every death sentence that came before her, including the one given to Ted Frank, who tortured and murdered two-year-old Amy Sue Sykes. Voters booted Bird off the court in 1986, along with Brown appointees Cruz Reynoso and Joseph Grodin.

Brown talked up his $17 billion WaterFix tunnel project, but he leaves behind a state with crumbling infrastructure. Last year, spillway failures on the Oroville Dam forced the evacuation of more than 180,000 people. Brown teamed with state water bosses to block access to the dam’s design specifications, federal inspection reports, technical documents, and other crucial information. In similar style, when asked about safety issues on the new $6.4 billion span of the Bay Bridge, Brown responded: “I mean, look, shit happens.”

Still, Brown’s audience in the legislative chamber was chanting “Jerry! Jerry!” yesterday. “As my father used to say, I accept the nomination,” Brown responded, reminding any who don’t already know that his father, Edmund G. “Pat” Brown, was governor before him. That paternal legacy was the key to the son’s first gubernatorial election victory, in 1974. For some Californians, the career of Brown fils may recall Edward Gibbon’s observation: “Of the various forms of government which have prevailed in the world, an hereditary monarchy seems to present the fairest scope for ridicule.”

California unions brace for a Supreme Court loss

California labor leaders sound almost apocalyptic when they describe a looming Supreme Court case that many of them concede likely will cost them members and money.

“Everything is at stake,” says Yvonne Walker, president of Service Employees International Local 1000, state government’s largest union.

“It’s a blatant political attack,” says Eric Heins, the leader of the massive California Teachers Association.

“That’s a way that the corporations are trying to take our legs out from under us,” says Kim Cowart, a state registered nurse and SEIU union leader.

They’re alarmed by Janus vs. AFSCME, the Illinois lawsuit that challenges the rights of unions in 22 states to collect so-called “fair share” fees from employees who do not want to join bargaining groups but may benefit from representation. That practice has been legal and common since 1977, when the Supreme Court favored union arguments for fair-share fees in a lawsuit against the Detroit Board of Education. …

Click here to read the full article from the Sacramento Bee

Teachers union thwarts tenure reform attempt

Shirley WeberThe clout of the California Teachers Association was on full display last week when a bill by Assemblywoman Shirley Weber, D-San Diego, to reform a tenure law that can give lifetime job protections to teachers 18 months into their careers was abruptly withdrawn.

Since her election in 2012, Weber, a former school board president and college professor, has prodded her fellow Democratic lawmakers to not accept the California education status quo. Weber wants to make tenure rules more rigorous and like those in other states, to ensure the Local Control Funding Formula actually does what it was promised to do and helps English-language learners, and to seek state standards that make it easy to gauge whether schools are helping struggling minority students.

But Weber’s push for significant reforms have either been killed in the Legislature or by Gov. Jerry Brown’s veto pen.

Her latest reform measure, Assembly Bill 1220, would have delayed tenure decisions until a teacher’s third year on the job, but would have allowed marginal teachers additional time to establish their worthiness for tenure in a fourth year, and, in limited circumstances, a fifth year. Weber’s bill included a provision intended to make districts put more of an emphasis on professional development of marginal teachers.

The measure won early approvals and initially appeared relatively uncontroversial, with only five Assembly members opposing it in a preliminary June 1 vote. Weber supporters saw the provisions emphasizing helping struggling teachers as a valuable way to reassure teachers unions that the bill wasn’t an exercise in teacher or union bashing.

But later in June, the Assembly Appropriations Committee shaved off the fourth and fifth year tenure consideration provisions – without consulting Weber. Then, on July 6, Assemblyman Tony Thurmond, D-Richmond, gutted and amended AB1164, a bill he had introduced about foster care policies, so it offered an alternative to Weber’s bill. Thurmond’s version would in some cases allow struggling teachers to win tenure consideration after a third year.

The bill was knocked by reformers as unnecessarily complex and inferior to Weber’s. But its prime supporter – the CTA – quickly rounded up such support that Weber last week chose to withdraw her bill in hopes it could be revived in 2018.

Thurmond then withdrew his bill, suggesting it was only introduced as a way to block Weber and her proposal. Both are members of the California Legislative Black Caucus.

CTA expected to back lawmaker who thwarted bill

The EdSource website connected the maneuvering to Thurmond’s plan to run for state superintendent of public instruction in 2018 when incumbent Tom Torlakson is termed out. That’s because the CTA has already sent signals it will endorse Thurmond, who has established his pro-teacher union bona fides with such measures as proposing that teachers be given subsidized housing.

The CTA’s strong and early support of Torlakson was key to the low-profile Bay Area state lawmaker winning the superintendent’s job in 2010 after finishing second in the primary, and to his narrow 2014 win over fellow Democrat Marshall Tuck, a Los Angeles charter school advocate with backing from school reform groups.

Tuck has already announced he will seek the job again in 2018.

This article was originally published by CalWatchdog.com

New Teacher Tenure Bill Doesn’t Go Nearly Far Enough

Teacher tenureAs things stand, k-12 public school teachers in California are essentially guaranteed lifetime employment if they can get through their first two years on the job. This puts a lot of pressure on principals, as they must decide by March of a teacher’s second year – after just 16 actual teaching months – whether or not someone is good enough to spend their professional career influencing hundreds, and in many cases thousands, of young minds. About 98 percent of all teachers who seek tenure receive it in the Golden State.

There have been several attempts to tweak tenure or, more accurately, “permanent employment status.” In 2005, a ballot initiative would have extended the time it takes for a teacher to become a permanent employee from two to five years. But Prop. 74 went down to defeat, primarily because the California Teachers Association fought it tooth and nail, claiming it was an “attack on teacher due process.” (Wrong! As we have seen time and again, permanent status actually gives teachers “undue process.”)

Then, in 2012, along came Vergara v. California. The plaintiffs in this case argued that tenure (in concert with the seniority and dismissal statutes) causes greater harm to minority and economically disadvantaged populations because their schools “have a disproportionate share of grossly ineffective teachers.” So it was a case of a kid’s right to a good education v. an adult’s right to a job, and after going through the courts the unions ultimately won and California’s children were the big losers.

But before the State Supreme Court officially put the kibosh on Vergara, Susan Bonilla (D-Concord) introduced Assembly Bill 934 in February, 2016. As originally written, the bill would have placed poorly performing teachers in a program that offers professional support, though if they received a second low performance review after a year in the program, they could be fired via an expedited process regardless of their experience level. Also, permanence would not always be granted after two years, and seniority would no longer be the single overriding factor in handing out pink slips. Teachers with two or more bad reviews would lose their jobs before newer teachers who have not received poor evaluations.

At first, CTA opposed Bonilla’s bill on the basis that it “would make education an incredibly insecure profession.” Then, ratcheting up its propaganda, the union trotted out its standard diversionary tactics in proclaiming, “Corporate millionaires and special interests have mounted an all-out assault on educators by attempting to do away with laws protecting teachers from arbitrary firings, providing transparency in layoff decisions and supporting due process rights.”

Due to CTA arm-twisting, the bill was eviscerated so badly that most of its original supporters decided the cure had become worse than the disease, and it was eventually euthanized by the Senate Education Committee.

The latest attempt to rework teacher permanence comes from California State Assemblywoman Shirley Weber. With the sponsorship of Teach Plus and Educators for Excellence, two teacher-led activist organizations, the San Diego Democrat has introduced AB 1220, legislation that would extend the current time it takes to attain permanent status from two years to three. The bill would also allow some teachers who don’t meet the requirements in three years an extra year or two in which they could get additional mentoring and be the recipient of other professional development resources.

So depending on the teacher’s effectiveness, the tenure perk would be moved from two to three, four or five years. As things stand now, a principal may not want to take a chance on a teacher who is not doing well in his first two years. But the added time frame might see that teacher blossom…or it might not. Hence, it’s a crapshoot for kids.

The only response from the teachers unions thus far comes from California Federation of Teachers president Josh Pechthalt, who says that the bill “really misses the boat in terms of what is needed to improve or make sure that beginning teachers are prepared and ready to assume a classroom.”

However union leaders may try to disparage the bill, it is hardly radical, as 42 states set tenure at three or more years. In fact, three states don’t offer tenure at all, which brings up the question of why do teachers need permanent status? Doctors, lawyers, bricklayers, carpenters and U.S. presidents have no such entitlements. Why teachers? The stock teacher unionista response  these days is that permanent status is important “so that I can advocate for my students without fear of losing my job.” This statement has been making the rounds for a while now and is just plain silly. What kind of teacher or principal would not “advocate for their students?” In fact, to really advocate for your students, you should demand an end to permanence. Period.  Thousands of students stuck with lemons, not to mention their parents and taxpayers, would be much better off.

There is no legitimate reason why we need a law on the books which enables just 2 teachers a year out of about 300,000 to be fired for incompetence, most especially in a state where student NAEP scores languish at the bottom of the barrel. And this is the biggest problem with AB 1220. What do you do with a burned out teacher who, after 20 years in the classroom, is just going through the motions, spending the day ignoring his students as he dreams of retiring to a beach in Hawaii in ten years on his big fat defined benefit pension? The answer is that you can’t do a damn thing.

That said, AB 1220 is better than the law on the books and should be supported…in its current uneviscerated form. But we really need to go much further and promote a system where a teacher must earn his right to stay on the job throughout his career… just like any other professional.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This piece was originally published by UnionWatch.org

Teachers Union’s New Gambit to Cheat Taxpayers Annually

Teachers unionCalifornia is a fabulous place. Fantastic weather, fertile fields, glorious mountains and a thousand mile coastline have long beckoned many to the Golden State.

And then there is the state legislature.

This law-making body is very far from fabulous. Its main activities in our one-party state are taxing, spending and regulating our business community, workers and economy to death. Additionally, many of its members are in the pocket of the California Teachers Association, which is by far the biggest political spender in the state, unleashing $290 million on candidates and causes between 2000 and 2013.

The latest legislative sop to the unions is AB 2835, a CTA-co-sponsored bill that, if it passes, will force local governments, including school districts, to provide 30-minute in-person orientations, paid for by the taxpayer, to each and every new public employee during work hours within the first two months of their being hired. But as pointed out by several government officials in a piece that ran in the East Bay Times recently, cities, counties and special districts already do that, spending “the better part of a full day educating new employees on the benefits available to them, policies on harassment and violence, and how to respond to possibly harmful workplace situations. Our employees begin their public service with the knowledge they need to serve their communities.”

However, AB 2835 goes way beyond that, requiring local governments to set aside half of an hour – within the first hour of any orientation it provides – for each union representing public employees to speak, with almost no restrictions, to new employees. “It won’t matter if local governments are using an online or video orientation to maximize tax dollars and avoid unnecessary travel expenses. It won’t matter if a police officer or firefighter should be on-call to respond to emergencies instead of meeting with his or her union representative. Every employee. In-person. Thirty minutes during the first hour of an orientation. Every time.”

This requirement would place an enormous administrative burden on government, and it won’t come cheap. The California State Department of Finance has estimated that the mandate would cost taxpayers “more than $70 million annually for local governments and more than $280 million annually for school districts.”

AB 2835 would especially pose logistical problems for schools because the 30 minute orientation sessions would be held during the work day. Colleges, which have numerous collective bargaining units, would be especially affected.  As the Association of California Community College Administrators points out, allowing each collective bargaining unit 30 minutes to make a presentation, “will result in a significant length of time, which will require colleges to hire additional staff to cover classes and other critical campus safety services during the orientations.”

Not surprisingly, the bill is backed by a gaggle of labor organizations. In addition to CTA, the California Faculty Association, California Nurses Association and SEIU are behind it. The opposition includes the California School Boards Association, the League of California Cities and the Association of California School Administrators.

Just as onerous as the cost and disruptiveness will be the quality of the orientation session. This is going to be a hard sales pitch, plain and simple. Or, in less polite terms, indoctrination. I guarantee that the results of a study released in April by the Heritage Foundation – which found that between 1957 and 2011, mandatory collective bargaining costs a family of four between $2,300 and $3,000 a year – will not be a topic of discussion.

Also missing from the pitch will be a recent study by Cornell researcher Michael Lovenheim. He found that “laws requiring school districts to engage in collective bargaining with teachers unions lead students to be less successful in the labor market in adulthood. Students who spent all 12 years of grade school in a state with a duty-to-bargain law earned an average of $795 less per year and worked half an hour less per week as adults than students who were not exposed to collective-bargaining laws.”

Will the orientation stress that collective bargaining creates significant potential for polarization between employees and managers? Or that it decreases flexibility and requires longer time needed for decision making? Or that it protects the status quo, thereby inhibiting innovation and change? Or that it restricts management’s ability to deal directly with individual employees? Nah.

AB 2835 was birthed when CTA leaders were frightened that the Friedrichs decision was going to go against them and decided they needed to deliver a sales pitch to teachers who would no longer be forced to pay money to the union as a condition of employment. But with Antonin Scalia’s death and the Supreme Court’s subsequent refusal to rehear the case, this bill is irrelevant; CTA and the smaller California Federation of Teachers still have a captive audience. Just about every public school teacher in the state will continue to be forced to pay a union if they want a job in a public school. But if CTA and other unions still insist on trying to convince prospective members of their value, they should do it after hours and not ding the taxpayer in the process.

The bill sailed through the California State Assembly and now rests in the State Senate where it must be voted on by August 31sttomorrow, for it to become law. So, if you live in the Beholden State, please contact your state senator immediately and keep your fingers crossed. And should the bill become law, prepare for even more money to be transferred from your wallet to the unions’ already healthy coffers.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This piece was originally published by UnionWatch.org

State Tax Increase, Due to Expire in 2018, Might Live On

brown prop 30 california budgetIn 2012, Californians adopted Proposition 30, a “temporary” tax that, according to the governor, state legislators and teachers’ unions, would save the state’s education system by giving it an influx of at least $6 billion. The initiative jacked up income taxes on people earning more than $250,000 through 2018, and increased sales tax on everyone, through the end of this year. Now, the Golden State’s teachers’ unions, along with the Service Employees International Union, are looking to keep the higher income tax in place through 2030. (The sales tax increase will expire as scheduled.) California voters will decide on the tax extension in November, when the California Children’s Education and Health Care Protection Act of 2016, or Prop. 55, appears on the ballot.

It’s no surprise that the teachers’ unions would want to keep the higher tax — and the additional revenues it brings — in place. Earlier this year, California Teachers Association president Eric Heins claimed that Prop. 30 generated revenues that “continue paying back schools from the years of devastating cuts — especially those serving our most at-risk students.” But there was never any devastation. During the recession, spending dipped for K-12 schools and community colleges, but the decrease was hardly devastating. And since the end of the recession, California’s education spending has increased more than 40 percent.

All the extra money has brought paltry results. The work of the late Andrew Coulson shows that between 1972 and 2012, California’s education spending (adjusting for inflation) doubled, but students’ SAT scores actually went down. Things have gotten worse since 2012. In fourth-grade math, California ranks at the bottom nationally, just one point above New Mexico, Alabama and Washington, D.C., according to November 2015 data from the National Assessment of Educational Progress, known as “the nation’s report card.” In fourth-grade reading, only New Mexico and D.C. fared worse.

A recent study on the relationship between spending and achievement, conducted in Michigan, found no statistically significant correlation between how much a state’s public schools spend and how well students perform. Mackinac Center education policy director Ben DeGrow, who coauthored the study, said, “Of the 28 measurements of academic achievement studied, we find only one category showed a statistically significant correlation between spending and achievement, and the gains were nominal at best.” He added, “Spending may matter in some cases, but given the way public schools currently spend their resources, it is highly unlikely that merely increasing funding will generate any meaningful boost to student achievement.”

And yet, the unions look to be in strong position to win their tax-hike extension. A Public Policy Institute of California poll in April found that 64 percent of Californians support it. Among likely voters, 62 percent favor it. More than six in 10 voters believe that the state should spend more on education. And after insisting that the tax would be temporary, Governor Jerry Brown is having second thoughts. In his May budget revision report, he said, “The emerging shortfall is in large part — but  not entirely — due to the expiration of the temporary taxes imposed under Proposition 30.”

Does the average voter know how much California already spends on education? Apparently not. A recent Education Next poll asked respondents to estimate per-pupil expenditures in their local school district. On average, the respondents guessed $6,307 — but their school districts spent nearly double that, or $12,440 per pupil in 2012, when expenditures for transportation, capital expenses, and debt service are included.

The CTA has already sunk $10 million into the Prop. 55 campaign, with more to come. The Million Voters Project, an effort funded by many left-wing philanthropists, is working hard to pass it. Supporters insist that the tax falls only on the wealthy, whom they claim don’t pay their “fair share.” A look at the numbers tells a different story. A report issued by the Congressional Budget Office in 2012 shows that the top 1 percent of income earners across the nation paid 39 percent of federal individual income taxes in 2009, while earning 13 percent of the income. Hence, it’s clear that the rich are already paying considerably more than their “fair share.” At what point will California’s perennially overtaxed realize that their bottom line will be much healthier in, say, Texas?

American Federation of Teachers president Randi Weingarten and other union leaders continue to believe that we can spend our way to academic success. All the data show otherwise. With a debt of more than $1 trillion and counting, along with some of the highest tax rates in the country, California can ill afford more spending. The state’s residents have to stop falling for myths about meager education dollars. Voting “No” on Prop. 55 would be a good place to start.