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Showing posts with label School Board. Show all posts
Showing posts with label School Board. Show all posts

Thursday, August 1, 2024

Imagine Democracy in Emeryville

 Emeryville Residents: 

Step Up and Run For Elected Office

Opinion

Time is running out and people are not registering to run in our November elections in Emeryville, threatening the election process itself.  Every election cycle it has tended to get worse as far as active citizen participation goes and this year might be the worst yet.  

Emeryville is not known for its engaged citizenry.  In fact our town usually ranks last in the East Bay in terms of voter participation at election time.  That’s most likely attributable to the lack of families in our town, revealed by our super low 1.8 persons per housing unit demographic and even more, to the fact we have become a ‘renter’ city revealed by the highest renter to homeowner ratio of any city in the East Bay.  It wasn’t always this way but like it or not, these numbers reflect our current demographics.  These numbers may help us to understand our lack of civic mindedness at the moment, and they are disturbing, but they do not necessarily reflect our destiny.

While we are not so oblivious as to think a little opinion piece in the Tattler would deliver an insurgency for the upcoming November election, we do have a duty to point out the urgent need for candidates to rise up and challenge the status quo.  Because as of right now, there won’t be elections for Emeryville elected office this fall; not for School Board and not for City Council.  It’s August and nobody is stepping up to do their civic duty to run for elected office.  We want you to consider helping your community.

The School Board has two seats that can be challenged and the City Council has three this year.  If no candidates for the School Board throw their hat in the ring, the two incumbents will simply be coronated and there will not even be an election.  If no challengers rise up for the City Council seats, the two incumbents Courtney Welch and Sukdeep Kaur will stroll right in for another four years.  The other Council seat, now taken by John Bauters, is up for contention because Mr Bauters is running for Alameda County Supervisor and the law forbids him from also running for his Council seat.  That leaves a vacancy, and so far, only one candidate has registered to run.  So if no one else rises up to challenge this, effectively, there will be three coronations and no City Council election in November as well.


It is common there are no elections for School Board in Emeryville because of the stultifying effect of the incumbent advantage.  What happens is School Board members commonly resign and new members are appointed by the other School Board members.  The appointees are friends of one or more of the existing Board members and then the appointee gets to run in the next election as an incumbent.  The result is a calcified polity, an unchanging status quo that’s reflected in the school district’s perpetually abysmal academic ranking.

But this election is looking to be different with the School Board AND the City Council both falling into indifference and apathy because no one will challenge the status quo. 

Given Emeryville’s demographic shift over the years, it is understandable democracy would suffer.  Understandable, but unacceptable.  To have a democracy, you must at least have elections.  We cannot expect our government to work for us if we don’t challenge it. Our nonchalance at election time both in terms of voting and running for office, will be rewarded with a polity that does not serve us.  It becomes a vicious circle at some point, an exigency we must push back against or we suffer the consequences.  What looms is corruption.

To Emeryville residents: please consider running for the School Board or the City Council.  Less than two weeks remain before registration is cut off for these five positions in these two offices.  Register to run, let us hear your ideas on governing and if we like them, we’ll vote for you.  That’s how it’s supposed to work.  Let’s show the statisticians that our demographic is not our destiny. Let's imagine democracy in Emeryville.   

Tuesday, May 19, 2020

Breaking News: Council to Name 47th Street 'Steve Dain Drive'

Council Moves to Honor Former Emery Teacher After School District Twice Fails


Breaking (City Hall):
Tonight the City Council moved to change the name of a portion of a street in town after an Emeryville PE teacher that was fired by the Emery Unified School District for “immoral conduct” in 1976 after he had gender confirmation surgery, transitioning to a man.  The unanimous vote  to rename 47th Street between San Pablo Avenue and Doyle Street ‘Steve Dain Drive’, came after the Emery School Board failed to name the school gymnasium honoring Mr Dain last summer following a tumultuous public debate there.  The vote tonight directs the staff to bring the issue back to the Council for the final OK at a future meeting that hasn’t been announced.  Emery High School and the gymnasium are located on 47th Street, a piece of infrastructure owned by the City of Emeryville.

Council member John Bauters was the most animated among his colleagues during tonight’s discussion, stating he found the School Board had “reached a new level of disappointment” and that he was “very unhappy” over their refusal to make amends for the unpropitious firing of the Emery teacher, “terminated for who they were” Mr Bauters said.  However the lone School Board supporter of the naming of the gym to honor Mr Dain last year, Board member Susan Donaldson, expressed support for the renaming of the street in a phoned in comment to the Council tonight.  “I was on the losing side” Board member Donaldson told the Council recalling last year’s School Board retrenchment on the Steve Dain issue, but she praised the Council’s vote to “right this wrong” done by the district to the former Emery teacher.
Former Emery Teacher of the Year Steve Dain
His courage will finally be remembered for all
time with the naming of our street in his honor.

The short section of 47th Street to be renamed has the AC Transit’s bus yard facility and the Emery gym and high school on it, fittingly the same address where Mr Dain was a teacher for ten years.  Notably, during his time at Emery, Mr Dain was elected teacher of the year before he was terminated by the district.  He died in 2007 at the age of 68.
There are no residents or businesses located on the portion of the street to be renamed.

After the school district balked on naming the gymnasium after Steve Dain last year, Board members announced they would seek to honor him in some other unspecified way but they failed to do that, a fact noted by Council member Bauters tonight.  Councilwoman Dianne Martinez raised the issue of Emeryville’s legacy with the renaming of the street, recalling that Steve Dain is “an important part of our history.”
But it was Mayor Christian Patz that seemed to best capture the mood of the Council, “you should be allowed to be who you are” he said as he cast his YES vote.

The City Council will make the vote official at a subsequent meeting followed by a street sign replacement, probably this summer.

Saturday, November 7, 2015

People of Emeryville Pay Swinerton $1.2 million For What?

Swindled By Swinerton

Shame on Swinerton?  Sure But Even More, Shame on the City Council (& School District)

News Analysis/Opinion
$1.2 million.  That's quite a bit of money for a town the size of Emeryville.
It's how much the people of Emeryville are paying to make sure the builder of the Center of 'Community' Life, Turner Construction, doesn't rip us off.  That's a lot of money but for a $100 million+ project, it seems like a prudent and reasonable expenditure.  After all, if our interests aren't assiduously looked out after, Turner Construction, ever mindful of its bottom line and its shareholder's demands for maximum returns on their investment, could cut corners and we'd be on the loosing side.
So the School District has hired another construction firm, Swinerton Builders, to oversee Turner and represent our interests.  Swinerton is supposed to report back to the City Council and the School Board and provide helpful information.  But if Swinerton isn't on the up and up, we will have wasted $1.2 million of taxpayer money.

And that's exactly what has happened.

Swinerton has taken our money and they've been representing not our interests, rather, they've been representing Turner's interests.   That's quite a charge...but that's exactly and demonstrably what they've been doing.  Swinerton works for Turner and Turner works for their shareholders...and us?  Who works for us?  We're the deep pockets, we pay the bills.

Two recent issues highlight the breakdown here; the issue of the community pool and the issue of a recent Turner request for a noise waiver, relief from the constraints of our Noise Ordinance.

They're Not Working For Us
The community pool fiasco has been previously reported on by the Tattler, but for sake of illustrating how Swinerton is not working for us, the salient point is that Swinerton used the issue to make excuses for Turner for the 200% cost overrun there.  What we didn't hear from Swinerton is how we (the City of Emeryville and the School District, the owners of the community pool) could use what contractual leverage we have to effect a better outcome for us.  Instead, Swinerton simply reported the problem, stated Turner's reasons for why we need to pay more than twice what they originally said we would need to pay, and then Swinerton recommended we pay the higher amount.  Swinerton's loyalty, shamelessly fell on the side of Turner, a fellow builder.  

Again, They're Not Working For Us
And then there's last Tuesday's performance by Swinerton.
Turner is under contractual obligation to finish the Center of 'Community' Life on time.  If they fail to meet the deadline, there will be financial penalties.  It's standard contractual stuff.  So Turner has an interest in making sure they finish on time.  They came before the City Council on Tuesday requesting permission to work starting now, on Saturdays.  But the contract doesn't provide for that and Emeryville's Noise Ordinance forbids it specifically.
And so Turner is seeking some padding in their schedule to make sure they'll finish on time, hence their request for a waiver from the Noise Ordinance.  Actually, Turner didn't even ask themselves, rather they sent their colleagues at Swinerton to ask for them.  The City Council granted a waiver but the point here is not whether the people of Emeryville have interest in giving Turner more time to assure the project will finish on schedule, the issue is that Swinerton didn't inform the Council where their (the Council's) leverage lies.
Oops!  They misspelled their 
own name in their logo: 
Make that 'Swindleton' Builders


If Swinerton were working for us, they would have explained how the City Council could use their leverage over Turner to extract concessions in trade for the noise waiver.  But Swinerton isn't working for the people of Emeryville, they're working for Turner Construction (and collecting our $1.2 million for their efforts).

Turner Construction is a publicly traded corporation.  They're in the business of looking out after their shareholder's interests.  That's how it's supposed to be.  But conversely, our City Council and our School Board is supposed to be looking out after OUR interests.  That's how it's supposed to work.  Turner would never give anything to us for free.  We wouldn't expect that and their shareholders would be understandably up in arms.  But neither should we expect our representatives to give Turner anything away free.  We have something the profit seeking corporation wants: the ability to disrupt our peaceful Saturdays.  We should negotiate with the corporation.  Give away our peaceful Saturdays, fine.  But get something in our interest in return.  We don't send representatives to City Council or the School Board to give away our stuff for free.  We expect them to work for us just like we expect Swinerton to work for us.  Both Swinerton and the City Council is being paid by us after all.  What happened to 'fee for services rendered'?

Where Does the Allegiance Naturally Fall?
Swinerton has allegiance in this equation, to Turner.  That's not surprising.  These contractor builder developer corporations look out for each other.  In San Fransisco right now Turner Construction is being paid to be the overseer to Webcor Builders for the massive Transbay Terminal project. And Webcor is likely overseeing a different contractor elsewhere.
Here, the City/Schools in Emeryville has a 'one off' relationship with Swinerton.  But Turner and Swinerton have an ongoing business relationship.    In Emeryville Swinerton is overseeing Turner now.  But next year perhaps it'll be Turner overseeing Swinerton in a different project in a different town.  That what these guys do. They trade places with each other as paid consultant overseers.  It's a very cozy business relationship and in Emeryville it's costing us $1.2 million.
It's cozy and it's also highly lucrative.  Swinerton is paying one person to be the liaison between Turner and the City/Schools.  Probably paying him $100,000 or so.  The rest of the $1.1 million is pure profit for Swinerton.  It's a nice gig if you can swing it.  And Swinerton (this time) can swing it.  Maybe next time it'll be Turner on the receiving end of the rotating door.

We don't expect Council members Nora Davis or Ruth Atkin to demand the people's interests be looked out for.  That wouldn't be in their character.  They've always sided with the developers over the residents in our town.  But the new progressive Council majority?*  This is unexpected.  Come on guys.  This isn't why we elected you.  Do your job.  We want our interests represented at City Hall.

* Councilwoman Jac Asher was absent Tuesday 

Friday, October 9, 2015

Construction Delay at Center of 'Community' Life; High School Won't be Ready on Time

High School at Emeryville Center of 'Community' Life Behind Schedule Again

Not Opening in January as Promised

The Superintendent of Emeryville Schools has conceded that Emery High School at the Center of 'Community' Life, will not be ready for students at the start of the new semester in January as had been promised earlier, leaving students without a certain school location as of now, the Tattler has learned.
The new delay, apparently a problem with the elevators at the two-story school, is the second one for the beleaguered project, coming on the heels of an earlier construction delay that pushed back the opening of the school to January 2016 from the original August 2015 proposal.
Emery's Superintendent, John Rubio, refused to comment on the latest delay.

Superintendent Rubio told the Emery School Board at their September retreat that Turner Construction, the lead construction company contracted to build the Center of 'Community' Life, would finish construction in March 2016 and that students could move into the new facilities at that time, in mid semester.  Mr Rubio indicated he was in negotiation with the Oakland Unified School District seeking to secure a new agreement to continue Emery's current arrangement to lease Oakland's Santa Fe School.
Emery has been using the Santa Fe Elementary School as its temporary site for Emery High School as the new school is being built at the San Pablo Avenue site of the Center of 'Community' Life.  The lease with Oakland was earlier re-negotiated to cover the first construction delay, adding an additional $1.5 million dollar cost for Emery, but Oakland at the time cautioned there would be no more lease extensions because they intend to remodel the school to get it prepared for the start of the 2016/17 school year for their own students.  Presumably Oakland agreed to the latest re-negotiation with Emery because they determined it would not interfere with their remodeling plans for Santa Fe School.
In addition to twice missing the finish date, the Center of 'Community' Life is also over budget and the School Board is exploring issuing another school bond to pay for the cost overruns.  Among others, the swimming pool has come in at least 200% over budget and has caused much consternation among City Council members since City Hall is on the hook for the extra costs.

Superintendent Rubio noted he intends on issuing a statement regarding the newest construction delay soon.

Wednesday, May 13, 2015

Emery Instructional Aide Layoffs To Harm ESL Students

Rolling Layoffs Begin

Crisis in the School District Continues


The Emery Unified School District will tonight consider a number of layoffs, including the Instructional Aides at Anna Yates Elementary School.  The Aides were distributing the below letter, addressed to the School Board, to citizens after school on Tuesday to inform them of the impending layoffs and to garner support.  The full text of their letter, which notes the particularly detrimental affect these layoffs will have on English-language learners, is provided below.

Saturday, April 25, 2015

Recalling Emery's Greatest Hits

'Outlook Not So Good'

Opinion
Readers will note there aren't links embedded in this story (except for the first one)...the whole story would be chock-a-block with links and distract from the readability...please feel free to use the Tattler search bar instead.

On Wednesday evening the parents and community members that attended the Emery Unified School Board meeting learned that their input was utterly immaterial to the Board majority's already-made-up minds.  The majority on this Board made it very clear; they can really do without any community input, thank you very much.  So it seems an appropriate time to reflect back on all the great decisions made by Emery Unified School Boards of the past.  It will surely support the idea that these decision-makers know what's best for us.

Presenting... Emery's Greatest Hits (partial list)
  1. Employ an architect for a district of less than 800 children. Keep him on payroll for 10 years. 
  2. Hire the fabulous and divisive Debbra Lindo as Superintendent.
  3. Stick by Debbra Lindo, even after she receives a vote of “no confidence” from your teachers.
  4. Go into receivership.
  5. Get a loan from the City of Emeryville in order to get out of receivership.
  6. Tell the City you can’t repay that loan.
  7. Make a plan for a K-12 school site that would make use of the property of the existing High School and the AC Transit site.
  8. Lose the AC Transit half of that real estate, but refuse to revise the plan and instead decide to shoehorn every child in town into what little space you have.
  9. Hire a superintendent with a history of corruption that bilks the district out of cash.
  10. Hire another superintendent that lies on his resume about his qualifications.
  11. Close a school site in order to rebuild (rebuild...a good decision, Magic Eight Ball says "decidedly so" to this one). But then move a daycare over to the middle school site making that site unavailable, and then pay Oakland Unified $500K* a year in order to rent another school site to house our older kids.  Wait, what?
  12. Move the middle schoolers from the middle school site to the high school site. Watch middle school enrollment drop. Wait, no.  Move them to go to the elementary school site.  Watch enrollment drop.  Wait, no.  Everyone (do we still have any middle schoolers left?) go over to California State Highway 123 aka San Pablo Avenue.  Wait with breathless anticipation for our enrollment numbers…these are gonna be GOOD!
  13. Pass out Measure J money to consultants.  Because we have bond money, and as it just so happens, they have advice...they've got as much advice as we have bond money.
  14. Just before Sacramento makes them illegal, issue a Capital Appreciation Bond that will cost Emeryville taxpayers nearly $70 million over the course of 33 years in order to receive just $17 million for our ECCL building project.   
  15. Pour hours of consultant's time into charts that show when buildings will “sleep” but do not construct enough room for actual elementary school students to play.
  16. Pay some consultants thousands of dollars to conduct a "listening campaign".
  17. Do not listen, instead assemble a 'negative public relations (Tattler) story rapid response team'.
  18. In the summer, hire an elementary school principal with multiple past allegations of sexual harassment and discrimination.  Don't bother Googling his name before hiring.
  19. Wait until his first day on the job on the first day of the new school year.
  20. Fire that elementary school principal after he faces more allegations of sexual harassment.  Pay his salary for many months that he never worked.
  21. Use the PTO as your propaganda arm; disallow parents making critical presentations to the group and criticism of District policies in the list serve.
  22. Pay a construction oversight firm $1.1 million to watch over the contracting firm building out the new school site, a job the former District Architect would have done for $487,000 had he not left before the actual building started.
  23. Promise the community a chance for them to weigh in on the wisdom of closing Anna Yates Elementary School after the passage of Measure J school bond ballot initiative.
  24. Take away the chance for the community to weigh in after Measure J passes.  Tell the community it had all been decided ten years earlier.
  25. Don't reveal to the community exactly who decided to close the elementary school ten years ago...let 'em guess and work on your best smug demeanor when they erupt in anger.
You know, with a track record like this, it's hard to see why parents or community members thought this School Board majority needed their input.  Stop worrying!  Like their predecessors, this School Board majority has it all under control. 

Outlook Not So Good
This District gets it wrong almost every time.
A better way for the School Board to make decisions:
use a Magic Eight Ball.
Statistically, better policy would result.


Correction: the Tattler originally posted 
$200,000 per year.  The real number is 
$500,000 per year the District is spending. 
We apologize for the error.

Tuesday, June 10, 2014

Vergara Case: Emery Unified School District, Right Wing Victorious Against Teachers Unions

Emery Plays a Part in the Infamous 
Vergara Case
News Analysis
A Los Angeles judge ruled against California teachers and in support of a Silicon Valley billionaire today in the much watched Vergara Case, a lawsuit with major Emery Unified School District connections.  It's a case that has pitted school privatizers and anti-union right wing forces against teachers and public school supporters.  Emery Unified sent two strong anti-teacher's union supporters, former school superintendents Tony Smith and Debbra Lindo to argue in support of billionaire plaintiff David Welch (57).  The case will have repercussions far beyond California as the plaintiff vows to take the case nation-wide, a prospect that has drawn cheers from all manner of conservative pundits and right wing think tanks across the land.

Both Emery superintendents supplied the plaintiff with 'letters of declaration', using their Emery credentials to bolster their case that teachers are to blame for the poor state of education in Emeryville and in California.
Silicon Valley Tycoon David Welch
The Republican billionaire used
Emery School Superintendent's
help to argue that teachers unions
should be deep sixed. 

The plaintiff used Emery's superintendent's letters of declaration to argue that only the destruction of the teachers union and tying teacher pay with student test scores can save education, something that needs to be done "for the students".  The idea is that well qualified teachers will flock to school districts that offer no job security and pay poorly although neither Emery superintendent nor anyone representing the plaintiff has shown how this will work.  The Vergara plaintiff argued good teachers aren't interested in due process and instead clamor for their job and pay to be dependent upon the capricious whims of superintendents and other things beyond their control like student poverty and associated dysfunctional home life.

Emery Unified: Anti-Teacher Incubator 
Emery, being such a small school district, has played an over sized role in today's victory against teachers.  The district here has long taken an adversarial position against its teachers, most notably when the School Board resolved to support Superintendent Lindo over the teachers in the infamous Teachers Resolution fight.  Tony Smith and his program of shutting down schools, cutting teacher pay and turning over public schools to private charter corporations while he served as Oakland's superintendent is still revered by the School Board here at Emery.
Emery's role in the anti-teacher/ pro-privatization movement has come to be that of an incubator.  The district here collects those with disdain for teachers and elevates them to superintendent.  After attaining superintendent status, Emery sends them out into the world where they can help right wing causes and inflict damage to teachers statewide.
It's a recipe that has rankled teachers here at Emery.  Emery Teachers Association president Dawn Turner told the Tattler today, "We have the dubious distinction of having provided not one but two former superintendents as expert witnesses on the Vergara case.  They are using students to forward a right wing agenda".  Ms Turner echoed her colleagues vow, "We will fight this" she said.

In a tragicomic irony, the ruling in Los Angeles today comes right on the heels of last week's "Teacher Appreciation Week" here at Emery.



Sunday, April 6, 2014

Former Emery School Superintendant Tony Smith: Teachers Unions Must Be Destroyed

The Long Shadow Cast By Tony Smith
"We're Doing What's Best for the Children"

Opinion
Remember, I only want what's
best for the children.

(Repeat often)
Recently there's been a national debate begun about public education and while charter schools, most operating at the expense of public schools have proliferated and teachers unions have come under attack on many fronts, public education supporters have begun to push back against this concerted push to privatize the nation's public schools.  At Emery Unified School District however, the course was set years ago and Emery has played its own small role in this conservative attempt to cripple public education, especially where that attempt seeks to destroy teachers unions.  To see this one only needs to look to the legacies of former superintendents of its schools Tony Smith and the recently deposed Debbra Lindo.

Even though they had the same goals in mind, of the two former superintendents, the great mentor and architect-in-chief of Emery's slide into it's current anti-teacher state of affairs is inarguably Tony Smith.  His shadow is long and even though he left Emery years ago to command Oakland Unified and has since left there amid a witness tampering scandal, Tony Smith and his school privatization philosophy continues unabashedly to serve as guiding principles for Emery.  The School Board here is quite clear about their tutelage by Tony Smith, proud even.

Ditto.
While at Oakland, Tony's divisive anti-democratic program of cutting, shutting and chartering schools while taking on the teachers caused a massive grassroots citizen's push back.  He is revered nonetheless by the Emery School Board and they have even picked up some of his affectations: think the oft publicly repeated and ever popular "we're doing what's best for the children" as a way of shutting down those who would disagree, as in; what YOU'RE advocating then must therefore be by definition NOT what's best for the children.

After Tony left Emery, the School Board looked to find a permanent replacement and they ultimately found a near carbon copy in Debbra Lindo (except she lacks Tony's easy going and chipper personality).  Tony's influence was evident as Debbra Lindo and her Board surrogates began their siege against Emery teachers following the release of the Teachers Resolution in 2012.

Mega ditttos.
The Emeryville duo Tony 'n Debbra have now very publicly entered the national debate with their support in the Los Angeles Superior Court's infamous Vergara case.  They tell us that everything will be great if we just tie teacher's pay to high stakes 'bubble' test outcomes, kill due process for teacher's employment and make their jobs teeter on the whims of unelected superintendents.  We'll get the best and the brightest apparently if we de-professionalize teaching: sever their job security, cut pay and make their fates dependent on things beyond their control.


Below is a recent letter to the Oakland Tribune from Tony Smith (filled with right wing memes and dog whistles) that might seem sincere to the uninitiated. To those following the Emery School Board (Tony's begats)  however, it's just part of the continuing attack on and privatize of public education.  Here is Tony Smith, the Great Man to Emery Unified continuing to release his toxic brand of divisive politics even as he has decamped to Chicago, some 2000 miles distant:
Guest commentary:  
Let's start protecting all of our students
By Tony Smith, guest commentary © 2014 Bay Area News Group
POSTED:   03/30/2014 04:00:00 PM
California's education laws are currently designed to almost unconditionally protect a group of adults -- teachers -- at the expense of our children.
And students living in poverty -- those most in need of every opportunity our public schools can offer -- are being disproportionately punished by these laws. The system tells them: sorry, teachers' jobs are more important than your education and your future.
Is that right?
No, it isn't, say the nine students who brought the Vergara v. California case, currently awaiting a ruling in Los Angeles Superior Court. The students are suing the state because five state laws are denying them -- and the other 6.2 million California public school students like them -- their constitutional right to a quality education.
If the court agrees, then the dysfunctional statutes controlling teacher tenure, dismissal and layoffs will be struck down, creating a transformational opportunity to design a new system that puts students' needs first, ensures a high-quality teacher in every classroom and helps all Californians see a better future.
Supporting our teachers really matters. Effective teachers are essential for a well-educated California. Under current laws, though, the system fails to make effective teaching a priority, creating an environment that's bad for both hardworking teachers and students.
The tenure law forces administrators to grant lifetime employment to new teachers after less than 16 months in the classroom. I am aware of no other profession where someone is granted protected status in such a short time and without any real evidentiary basis for the decision.
Once permanent employment is granted, it is nearly impossible to dismiss ineffective teachers for any reason other than criminal activity. The dismissal process is so cumbersome and costly that in the past 10 years, only 19 teachers out of California's 1,052 school districts have been successfully terminated through the dismissal process for reasons including unsatisfactory performance.
When funding reductions instigate layoffs, administrators are not allowed to base staffing decisions on the quality of a teacher's service to children. The primary factor that may be considered is how long he or she has been employed by the district, so every year a district has layoffs, children lose passionate, hardworking, effective teachers -- just because they lack seniority.
As superintendent of Oakland Unified School District, I had to explain why excellent teachers were being let go, while parents pleaded and begged, saying, "Please, please keep this teacher. You don't understand what this year has been like for my child. This is one of the most extraordinary educators I've ever seen in my life."
But under the law, there is nothing we can do to keep that extraordinary educator.
Is the system I just described a system focused on what's best for children?
Not to me.
A system that prioritizes meeting the needs of California's students -- as the state constitution demands -- would focus on enhancing educational quality before protecting seniority.
A system that truly puts students' learning first would evaluate how well our students are doing and how much growth they are making.
We would discuss how to help teachers develop their practice, using growth in student learning as the primary data guiding our efforts.
When teachers demonstrate effective work in service of students, we would do everything in our power to enhance that work and reward those teachers. And when a few adults are consistently failing our children in the classroom, we would hold them accountable.
In a district like the Oakland Unified School District, where I served as superintendent for four years, 70 percent of students come from low-income households. Our students face serious challenges outside of school. For many students, the road leads either to graduation or incarceration. Having caring, attentive, effective teachers along the road makes all the difference.
Let's not lose sight of the goal of our public schools: to ensure that every child in the state has access to a good education, so every child can participate and thrive in our society.
I hope the Vergara student-plaintiffs are victorious in court. I hope the Vergara case marks a turning point in the trajectory of public education in California. Let's make a true commitment to current and future students: educational excellence, starting with an effective teacher in every classroom.

Tony Smith is a former superintendent of Oakland Unified School District.

Sunday, March 30, 2014

Emery School District Contributes to the Right Wing Anti-Public School Culture

Opinion
Emeryville is trendy.  It seems like with every emerging bad public policy trend, Emeryville is right there at the front of the pack...or at least right behind the trend setters in the Bay Area. With its 'cut, shut and charter' mindset and its virtual war on teachers, the Emery Unified School District is acting the foot soldier in the right wing privatization play for America's public schools.  The Yes Magazine article below tells the sad tale of what's happening nationally, while here in Emeryville the School Board is also playing its part.   

As you read the Yes story, remember how the School District here has shut down the Ralph Hawley Middle School and now is ready to shut down Anna Yates Elementary School.  Both these school campuses could sit idle or underutilized and will be subject to take over by private charter school concerns because the law says that any underutilized surplus school district property is subject to any private charter school moving in by State sanctioned seizure.  There's no way Emery could stop this eventuality even if the District were of a mind to stop it. 
With the EBI private school already in place on San Pablo Avenue right across from the future Center of 'Community' Life and its Kindergarten through 12th grade school, combined with the former school sites as possible sites for charter schools, Emery is primed for ongoing existential threat.  Charter schools and private schools thrive by only accepting the best and the brightest students, culled from the local public schools leaving them with what's left; driving down test scores and further feeding the loop for public school abandonment and disinvestment. 

Adding to this culture of stoking privatization forces, the Emery School Board has entered into a program of wholesale teacher marginalization after the Board last year very publicly abandoned the teachers in favor of former Superintendent Debbra Lindo in the infamous Teachers Resolution dust up.  The School Board willingly destroyed their relationship with the teachers in order to support the now fired Debbra Lindo.  What's left besides teachers feeling used, abused and unsupported is a further cheapening and erosion of public good will towards teachers.  Our School Board told us in a clear and unified voice that teachers are not worth listening to.  

Insofar as the Emery School Board recalcitrance in the Lindo case has added to the chorus of right wing voices about teacher incompetence and irrelevance nation-wide and as far as the Emery School District's part in the right-wing's anti-public school, anti-teacher paradigm has seeped into the collective mind-set of the citizenry here in Emeryville with its anti-democratic school closures,  we cry foul.   Regardless of what's happening nation-wide, we want our public schools valued and our teachers supported.  They're part of the commons and we're protecting the commons from attack, be it from the City Hall/business nexus or from the School Board/cut, shut and charter nexus.  We want the Emery Unified School District to start acting more old fashioned and stop being so trendy.

Here's the Yes Magazine story:  

The Myth Behind Public School Failure

In the rush to privatize the country’s schools, corporations and politicians have decimated school budgets, replaced teaching with standardized testing, and placed the blame on teachers and students.
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Photo by hxdbzxy/Shutterstock
Until about 1980, America’s public schoolteachers were iconic everyday heroes painted with a kind of Norman Rockwell patina—generally respected because they helped most kids learn to read, write and successfully join society. Such teachers made possible at least the idea of a vibrant democracy.
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Since then, what a turnaround: We’re now told, relentlessly, that bad-apple schoolteachers have wrecked K-12 education; that their unions keep legions of incompetent educators in classrooms; that part of the solution is more private charter schools; and that teachers as well as entire schools lack accountability, which can best be remedied by more and more standardized “bubble” tests.
What led to such an ignoble fall for teachers and schools? Did public education really become so irreversibly terrible in three decades? Is there so little that’s redeemable in today’s schoolhouses?
The beginning of “reform”
To truly understand how we came to believe our educational system is broken, we need a history lesson. Rewind to 1980—when Milton Friedman, the high priest of laissez-faire economics, partnered with PBS to produce a ten-part television series called Free to Choose. He devoted one episode to the idea of school vouchers, a plan to allow families what amounted to publicly funded scholarships so their children could leave the public schools and attend private ones.
You could make a strong argument that the current campaign against public schools started with that single TV episode. To make the case for vouchers, free-market conservatives, corporate strategists, and opportunistic politicians looked for any way to build a myth that public schools were failing, that teachers (and of course their unions) were at fault, and that the cure was vouchers and privatization.
Jonathan Kozol, the author and tireless advocate for public schools, called vouchers the “single worst, most dangerous idea to have entered education discourse in my adult life.”
Armed with Friedman’s ideas, President Reagan began calling for vouchers. In 1983, his National Commission on Excellence in Education issued “A Nation At Risk,” a report that declared, “the educational foundations of our society are presently being eroded by a rising tide of mediocrity that threatens our very future as a Nation and a people.”
It also said, “If an unfriendly foreign power had attempted to impose on America the mediocre educational performance that exists today, we might well have viewed it as an act of war.”
Sandia InfographicFor a document that’s had such lasting impact, “A Nation At Risk” is remarkably free of facts and solid data. Not so the Sandia Report, a little-known follow-up study commissioned by Admiral James Watkins, Reagan’s secretary of energy; it discovered that the falling test scores which caused such an uproar were really a matter of an expansion in the number of students taking the tests. In truth, standardized-test scores were going up for every economic and ethnic segment of students—it’s just that, as more and more students began taking these tests over the 20-year period of the study, this more representative sample of America’s youth better reflected the true national average. It wasn’t a teacher problem. It was a statistical misread.
The government never officially released the Sandia Report. It languished in peer-review purgatory until theJournal of Educational Research published it in 1993. Despite its hyperbole (or perhaps because of it), “A Nation At Risk” became a timely cudgel for the larger privatization movement. With Reagan and Friedman, the Nobel-Prize-winning economist, preaching that salvation would come once most government services were turned over to private entrepreneurs, the privatizers began proselytizing to get government out of everything from the post office to the public schools.
Corporations recognized privatization as a euphemism for profits. “Our schools are failing” became the slogan for those who wanted public-treasury vouchers to move money into private schools. These cries continue today.
The era of accountability
In 2001, less than a year into the presidency of George W. Bush, the federal government enacted sweeping legislation called “No Child Left Behind.” Supporters described it as a new era of accountability—based on standardized testing. The act tied federal funding for public schools to student scores on standardized tests. It also guaranteed millions in profits to corporations such as Pearson PLC, the curriculum and testing juggernaut, which made more than $1 billion in 2012 selling textbooks and bubble tests.
In 2008, the economy collapsed. State budgets were eviscerated. Schools were desperate for funding. In 2009, President Obama and his Education Secretary, Arne Duncan, created a program they called “Race to the Top.”
It didn’t replace No Child Left Behind; it did step in with grants to individual states for their public schools. Obama and Duncan put desperate states in competition with each other. Who got the money was determined by several factors, including which states did the best job of improving the performance of failing schools—which, in practice, frequently means replacing public schools with for-profit charter schools—and by a measure of school success based on students’ standardized-test scores that allegedly measured “progress.”
Since 2001 and No Child Left Behind, the focus of education policy makers and corporate-funded reformers has been to insist on more testing—more ways to quantify and measure the kind of education our children are getting, as well as more ways to purportedly quantify and measure the effectiveness of teachers and schools.
For a dozen or so years, this “accountability movement” was pretty much the only game in town. It used questionable, even draconian, interpretations of standardized-test results to brand schools as failures, close them, and replace them with for-profit charter schools.
Resistance 
Finally, in early 2012, then-Texas Education Commissioner Robert Scott kindled a revolt of sorts, saying publicly that high-stakes exams are a “perversion.” His sentiments quickly spread to Texas school boards, whose resolution stating that tests were “strangling education” gained support from more than 875 school districts representing more than 4.4 million Texas public-school students. Similar, if smaller, resistance to testing percolated in other communities nationally.
Then, in January 2013, teachers at Seattle’s Garfield High School announced they would refuse to give their students the Measures of Academic Progress Test—the MAP test. Despite threats of retaliation by their district, they held steadfast. By May, the district caved, telling its high schools the test was no longer mandatory.
Garfield’s boycott triggered a nationwide backlash to the “reform” that began with Friedman and the privatizers in 1980. At last, Americans from coast to coast have begun redefining the problem for what it really is: not an education crisis but a manufactured catastrophe, a facet of what Naomi Klein calls “disaster capitalism.”
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Look closely—you’ll recognize the formula: Underfund schools. Overcrowd classrooms. Mandate standardized tests sold by private-sector firms that “prove” these schools are failures. Blame teachers and their unions for awful test scores. In the bargain, weaken those unions, the largest labor organizations remaining in the United States. Push nonunion, profit-oriented charter schools as a solution.
If a Hurricane Katrina or a Great Recession comes along, all the better. Opportunities for plunder increase as schools go deeper into crisis, whether genuine or ginned up.
The reason for privatization
Chris Hedges, the former New York Times correspondent, appeared on Democracy Now! in 2012 and told host Amy Goodman the federal government spends some $600 billion a year on education—“and the corporations want it. That’s what’s happening. And that comes through charter schools. It comes through standardized testing. And it comes through breaking teachers’ unions and essentially hiring temp workers, people who have very little skills.”
If you doubt Hedges, at least trust Rupert Murdoch, the media mogul and capitalist extraordinaire whose Amplify corporation already is growing at a 20 percent rate, thanks to its education contracts. “When it comes to K through 12 education,” Murdoch said in a November 2010 press release, “we see a $500 billion sector in the U.S. alone that is waiting desperately to be transformed by big breakthroughs that extend the reach of great teaching.”
Corporate-speak for, “Privatize the public schools. Now, please.”
In a land where the free market has near-religious status, that’s been the answer for a long time. And it’s always been the wrong answer. The problem with education is not bad teachers making little Johnny into a dolt. It’s about Johnny making big corporations a bundle—at the expense of the well-educated citizenry essential to democracy.
And, of course, it’s about the people and ideas now reclaiming and rejuvenating our public schools and how we all can join the uprising against the faux reformers.

Dean PatonDean Paton wrote this article for Education Uprising, the Spring 2014 issue of YES! Magazine. Dean is executive editor of YES!

Wednesday, March 26, 2014

School Site Toxins: Who Could Have Guessed?

Q: Who Could Have Guessed?
A: 101 Emeryville Citizens (None on the School Board)
Regular citizens could have guessed.
The authorities however couldn't have foreseen.

Opinion
There is a school property in town, currently the site of Anna Yates Elementary on 41st Street, which has been used as a school site for over a century, since before Emeryville was incorporated as a city.  Then there is another school property, the former Secondary School site--now the Emeryville Center of 'Community' Life site--on San Pablo Avenue, that, as anyone with any curiosity about or knowledge of Emeryville history could tell you, has been a site that housed a whole host of businesses engaged in producing nearly every kind of toxic industrial waste imaginable. When the Emery School Board obstinately decided, against the urging of 73 stakeholders, to consolidate all of Emeryville's children onto one site, WHO COULD HAVE POSSIBLY FORESEEN that there might be downsides to that decision, such as these toxins in the soil that we are now disturbing and have to handle at a cost of over $1.7 million?  And when 28 residents asked for a full environmental impact report last summer, they were rebuffed by this School Board, who assured us that there would be no significant environmental impacts of the ECCL project.

It's really such an astounding train wreck, that there isn't any joy in saying, "We told you so."

Tuesday, March 4, 2014

Emery School District & City Rolls Back Citizen Speech, Access to Their Government

Citizen Engagement Sharply Curtailed by City/Schools
The City of Emeryville and the Emery Unified School District joined forces last Wednesday to sharply curtail and restrict public access to their government by dramatically reducing citizen's rights at public meetings held by the two bodies.  The new regime of harsh restrictions came in a 'rules and procedures' update announced by the City and the School District February 26th.

Among the new restrictions at City/Schools Committee meetings:

  • Citizens may not criticize the job performance of a specific Council member or School Board member, only the body as a whole. 
  • No questions may be directed to any specific Council member or Board member.
  • Citizen speaking time is reduced from 3 minutes to 2 minutes at the open 'public comments' section and reduced from 3 minutes to 1 minute for other items on the official agenda. 
  • The Presiding Officer is empowered to allow certain citizens to speak longer if the officer so desires.
  • Citizen speakers are required to identify themselves and give their place of residence, anonymous comments will no longer be allowed.
  • Only "duly accredited" representatives of the press and other media will be permitted to remain and observe the continuing proceedings after the Presiding Officer clears the room for any reason. 


The new rules and procedures document also states the Presiding Officer shall prevent citizens "bullying" the City Council or the School Board members.

Some of the new rules announced for the City/Schools meetings were also attempted to be ensconced separately at the City Council meetings and the School Board meetings several years ago.  The City Attorney was forced to retract several rules after they were challenged by citizen activists.  At least two were determined to be illegal, those being the requirement for citizens to identify themselves and the prohibition against addressing a specific Council or Board member.

In addition to the above two bogus rules, Wednesday's other rules may similarly face citizen push-back and some may also be illegal.
For instance the arbitrary and suspect separation between "duly accredited"members of the press and those not accredited or recognized by the government almost certainly does not comport with the Constitution.  Other rules are clearly an attempt by the City and the District to quash citizen dissenters and appear arbitrary and capricious; the respective two and one minute speaking limits for some speakers with provisions to allow other speakers (that the government likes) unregulated speaking is such an attempt to stifle dissenters.  The prohibition against citizens 'bullying' their government representatives is notable in that the new rule turns the word bully on its head, the essential prerequisite imbalance of power having been reversed.  A bully is one who intimidates or abuses a weaker person(s), as when a government representative intimidates or abuses a citizen or group of citizens.  The reverse, when a powerless citizen becomes emboldened, what might be called bullying here, is commonly referred to as "speaking truth to power" in other less authoritarian quarters.

The City/Schools Committee is comprised of all five City Council members and all five School Board members.

Below is a posting of the relevant sections of the updated rules and procedures:



RULES OF PROCEDURE OF THE EMERYVILLE CITY/SCHOOL COMMITTEE
February 26, 2014 

2.0 GENERAL RULES
2.14 Preservation of Order:  The Presiding Officer shall preserve strict order and decorum, shall prevent threatening, bullying, or disruptive verbal attacks on the Emeryville City/School Committee members, staff, and/or citizens, confine debate to the item under discussion, and discourage demonstrations before the Emeryville City/School Committee such as applauding or “booing”. 


2.16 Authority to Clear Room Where Meeting Willfully Interrupted, Etc.:  Upon instructions by the Presiding Officer, the Chief of Police or his or her designee may be called for the purpose of removing any person who, in the Presiding Officer’s judgment, has violated the rules of conduct and has disrupted the meeting. In the event that any meeting is willfully interrupted by an individual, group or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by removal of the individual or individuals who are willfully interrupting the meeting, the Presiding Officer may order the meeting room cleared and continue in session.  Only matters appearing on the Agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.  Nothing in this section shall prohibit the Presiding Officer from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 

    
                                    B. The following shall apply for “Agenda Items”:
2. Before the Emeryville City/School Committee takes action on the item, if any action is contemplated, the Presiding Officer shall recognize those members of the public who have signaled their desire to address the Committee. Each person, once recognized by the Presiding Officer, shall approach in an orderly fashion, and state their name and city of residence for the record.  To assist with preparation of the minutes of the meeting, each person is asked to sign their name on a speakers list at the podium, but is not required to do so. 

5. All remarks on an Agenda Item shall be directed to the Presiding Officer and the Emeryville City/School Committee as a body and not to any particular member of the Emeryville City/School Committee, staff or member of the public. 

7. No question shall be asked of Emeryville City/School Committee Members, the City Manager, School Superintendent or staff except through the Presiding Officer.


C. The following shall apply for “Public Comments”:
3. Each speaker is limited to two (2) minutes for any comment during “Public Comments”. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.

D. The following shall apply for any other portion of the Agenda:
2. Each speaker is limited to one (1) minute for any comment on any other portion of the Agenda. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.