The New York Times headline at the top of the page said it all: "Legislators Balk at Tying Teacher Tenure to Student Tests." The story recounts NYSUT's leading role in securing language that bars the use of student test scores as a yardstick for tenure.

In a huge win for union members, NYSUT prevailed against a concerted campaign by the State School Boards Association, New York City Schools Chancellor Joel Klein and Mayor Michael Bloomberg to use student test scores to deny a teacher tenure.

"The Assembly and Senate wisely recognized the potential for misuse of student test scores," said NYSUT President Dick Iannuzzi. "Student assessments are designed to assess students, not teachers."

Fax flurry

NYSUT Executive Vice President Alan Lubin said a flurry of more than 15,000 faxes sent by members after the union sent out an e-mail alert certainly helped combat the misinformation swirling around the halls of the capitol. "The Assembly and Senate did a brave thing. They said no," Lubin said. "As a result, we've protected the integrity of the tenure process."

At issue were proposed clarifications to a law passed last year to establish minimum statewide standards for tenure determinations. The statewide process must include a combination of:

• an evaluation of the teacher's successful use of student performance data to inform instruction;
• peer review by other teachers, as far as practicable; and
• an assessment by the teacher's building administrator.

Despite an all-out push by opponents to hijack the new law, the Legislature stood tough and approved amendments that expressly prohibit school districts and BOCES from using student test scores to grant or deny tenure. In addition, the amendments change the effective date, requiring the new standards apply to teachers hired on or after July 1, 2008. NYSUT fought hard to change the original effective date which would have created widespread confusion if applied to teachers already in the tenure process.

The amendments also include a two-year sunset provision, which would allow the Legislature to revisit the law in 2010.

A legislative commission may be created to study "the merits of value-added assessment models (student score growth) in school accountability."

NYSUT Vice President Maria Neira noted the process for evaluating teachers remains a mandatory subject of collective bargaining.

At NYSUT's Local Presidents Conference, held just one day after the tenure changes were finalized, Neira noted that some locals have negotiated peer review processes that contribute to a two-way, more supportive induction and mentoring process.

Saying that "real conversations" are essential, Neira said that it is a local decision about whether to develop a peer review process: "It would have to be based on what's right for your local."

The Regents and State Education Department, which are drafting regulations to incorporate the new changes, have clarified that peer review will be part of the tenure determination only if it is negotiated by the local union and school district.