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Three Things to Know About the Teacher Layoff Case

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This morning the Louisiana Supreme Court will hear arguments in the appeal of Eddy Oliver, et al. v. Orleans Parish School Board, the lawsuit brought on behalf of teachers terminated in the wake of Hurricane Katrina. In January, the Fourth Circuit of Court Appeal unanimously upheld an earlier ruling that teachers were wrongly terminated by the Orleans Parish School Board (OPSB) in March 2006. The appellate court also affirmed that the Recovery School District (RSD) – and, by extension, Louisiana Department of Education (LDOE) – were partially at fault for failing to give former OPSB teachers “priority consideration” for employment when staffing the schools they took over after the storm. (For more background and details, see my previous post here.)

Danielle Dreilinger of the Times-Picayune will be liveblogging the proceedings from the courtroom starting at 9:30am, but in the meantime, here are three things to know about the case:

I. OPSB lawyers won’t be able to argue their way out of this one.

The plaintiffs’ case against the Orleans Parish School Board begins and ends with one incontrovertible fact: OPSB did not follow the reduction-in-force (RIF) process set forth in the contract with the United Teachers of New Orleans when they laid off tenured teachers in March 2006. To be clear, even if OPSB conducted a RIF, the outcome for the overwhelming majority of teachers wouldn’t have changed: they would have lost their jobs after a drawn-out process. Nevertheless, counterfactuals won’t enter into the Justices’ decision. The only thing that matters is that OPSB didn’t conduct a RIF.

II. The grounds for holding RSD and LDOE liable are unconvincing.

In his opinion [see full text below], Fourth Circuit Judge Roland Belsome held that the RSD/LDOE did not give former OPSB tenured teachers “priority consideration” for employment in the schools taken over after storm:

“There is absolutely no evidence that qualified Appellees were provided the consideration mandated by the statute. To the contrary, the record clearly shows that the State advertised for these positions nationally and contracted with Teach for America to hire inexperienced college graduates that did not have teacher certification.”

Fourth Circuit Judge Roland Belsome

Fourth Circuit Judge Roland Belsome

As I’ve noted previously, there are a few problems with Belsome’s argument:

  • One of the reasons why the RSD recruited nationally was that New Orleanians were exiled in cities and towns across country for months, and in some cases, for years after the storm.
  • There was no preordained plan between RSD/LDOE and Teach For America (TFA) to fill the district’s teaching vacancies with corps members.1 In 2006-07 school year, for example, TFA only brought 12 teachers to the region, most of whom ended up teaching in surrounding parishes.
  • On January 12th, just three days before the Fourth Circuit issued its opinion, Judge Belsome tweeted a link to a highly inflammatory anti-TFA article entitled, “How the Corporate Class Is Using Teach for America to Turn K-12 Teaching Into a Temporary, Low-Paying Job,” and asked, “Is this true? Could some locals weigh in on this issue to give us some perspective?” After I called him out for it on Twitter, he deleted the tweet, although I saved a copy (see below).
Belsome's original anti-TFA tweet (above) and my response below. Belsome soon thereafter deleted it.

Belsome’s original anti-TFA tweet (above) and my response below. Belsome soon thereafter deleted it.

  • While Belsome says there was “absolutely no evidence” former OPSB teachers were given “priority consideration” for employment, a February 2007 article in Education Week noted that 86% of the teachers working in the RSD’s direct-run schools at that time were OPSB veterans.

III. When all is said and done, the legal battle over the layoffs may end up a nine-year exercise in futility.

Immediately after Fourth Circuit’s decision, a claim circulated in the press that plaintiffs stood to reap as much as $1.5 billion in back pay and damages, although that number was later revised downward to $750 million. However, former OPSB member Leslie Jacobs was quick to point out that:

“School boards are ‘political subdivisions’ of the state, and both the Louisiana Constitution and the Governmental Claims Act protect political subdivisions from having their property or assets seized in execution of judgments rendered by state courts.”

Therefore, even if the Justices affirm the Fourth Circuit’s decision, the school board probably won’t be cutting checks to teachers any time soon.


  1. Again, full disclosure: I worked on staff at Teach For America – Greater New Orleans during this time and was involved in corps member placement discussions. 

Pete became involved in education reform as a 2002 Teach For America corps member in New Orleans Public Schools and has worked in various capacities at Teach For America, KIPP, TNTP, and the Recovery School District. As a consultant, he developed teacher evaluation systems and served as a strategic advisor to school district leaders in Cleveland, Nashville, Chattanooga, and Jefferson Parish, Louisiana. He now writes about education policy and politics and lives in New Orleans.

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NOLA

The Great NOLA Train Wreck Disappointing School Performance Scores Point To Need For Changes

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This story has been updated with additional information below.

The Louisiana Department of Education (LDOE) released 2016-17 School and District Performance Scores and letter grades on Tuesday, and while the summative performance of the state’s public schools rose from a “C” to a “B” this past year, the results from New Orleans’ schools can only be described as a train wreck. Three-fifths of the city’s public schools saw their performance scores decline in 2016-17 and the district’s overall grade dropped from a “B” to a “C”.

Every fall, LDOE issues updated letter grades and School Performance Scores (or SPS, which are akin to number grades) for every public school in the state. Scores for elementary schools are based entirely on standardized test results. For middle schools, 95% of SPS is based on testing and 5% is based on credits earned through the end of their students’ freshman year in high school. The SPS formula for high schools takes into account ACT and end-of-course test scores, a “graduation index” that measures factors like Advanced Placement participation, and the cohort graduation rate. All schools can receive bonus points if they make significant academic gains with struggling students.

Graphic from the Louisiana Department of Education.

These annual letter grades and performance scores not only provide families and policymakers with a clear picture of how schools are progressing, but they play an integral role in the state’s accountability system by identifying failing schools that require intervention and determining whether charters should be renewed.

The recent slump in performance in New Orleans couldn’t come at a worse time. More than a dozen charters are up for renewal before the end of the year and the Recovery School District (RSD) is scheduled to hand over control of its schools to the Orleans Parish School Board (OPSB) in July. That means RSD and OPSB officials will face difficult decisions over the fate of several schools in the coming months that will test their commitment to holding the city’s charters accountable. It also means that the city’s education leaders need to step back and identify the root causes of the drop in performance, as well as recommit themselves to focusing on academic achievement as their primary goal.

Now let’s take a closer examination of how schools fared in New Orleans…

The 15 worst performing schools in 2016-17

These 15 schools saw the biggest SPS declines between 2015-16 and 2016-17.

A number of things stand out when looking at the schools that saw the biggest SPS declines in 2016-17, but the most striking is that ReNEW Schools clearly had a terrible year. Four of the charter network’s schools – Schaumburg, Sci Tech, Dolores T. Aaron, and Cultural Arts Academy at Live Oak – ended up among fifteen worst-performing schools in the city.

While a case can certainly be made that Schaumburg’s dismal performance is attributable to the fact that it was struck by a tornado in February, it is much harder to make excuses for the other three ReNEW schools on the list. These results, coming on the heels of several scandals at ReNEW in recent years (including all sorts of malfeasance at ReNew SciTech), should raise serious questions about the future of the network.

It’s also interesting to note that Einstein finds itself among the worst-performing schools in the city. Not only has Einstein rapidly expanded its network of schools (and just got approval to open a new school in Little Rock), but OPSB recently cited Einstein for failing to provide bus transportation to many of its elementary students.

Einstein is currently gearing up for a legal fight over the district’s transportation mandate – a policy that every other school in the city has to follow – that they are unlikely to win. Perhaps if Einstein spent more time focused on academics and less on trying to skirt the rules, they wouldn’t find themselves near the bottom of the pile.

The 15 worst performing schools over the past four years

These 15 schools have had the biggest SPS declines over the past four years.

Looking at the fifteen worst performing schools over the past four years, two names in particular stand out: Capdau and Nelson. These two schools were the first taken over by the RSD in 2004 and the fact that they’re still struggling thirteen years later is inexcusable. (The same could be said of Fischer, which was notoriously bad long before Katrina.)

There are also a few surprises on the list, such as the fact that Dr. Martin Luther King Charter School now finds itself among the lowest of the low. King, which was the first school to reopen in the Lower Ninth Ward after Hurricane Katrina, was once celebrated as one of the highest-performing schools in the city. That luster has worn off over time (MLK’s leaders have, at different times, faced nepotism charges and been accused of turning away special needs students) and apparently the school’s academic performance has gone with it.

The 15 best performing schools in 2016-17

These 15 schools saw the biggest SPS gains between 2015-16 and 2016-17.

Turning to the brighter side of things, it’s interesting to note that many of the most-improved schools in the city last year also happen to be those that are rarely highlighted in discussions of New Orleans’ reforms. Although not listed above, Ben Franklin High School once again was recognized as the highest-performing public school in the state with a SPS of 141.3 (on a scale of 150).

The highest performing RSD school this year was Livingston Collegiate, an open-enrollment high school launched by the Collegiate Academies network last fall, which received an SPS of 115.9.

The 15 best performing schools over the past four years

These 15 schools have had the biggest SPS gains over the past four years.

Taking a longer view of school improvement over the past four years, KIPP schools – KIPP Renaissance and KIPP N.O. Leadership – clinched two of the most-improved spots on the list. New Orleans Maritime and Military Academy, which employs what could be considered the ultimate “no-excuses” charter model, has also made significant progress, with its SPS rising nearly 26 points since 2014.

Sophie B. Wright and Paul Habans – along with Andrew Wilson, which was taken over by InspireNOLA in 2015 – have also seen double-digit jumps in their performance scores in the past few years.


Update: 11/10/17

I wanted to add two responses from readers regarding the data above. The first comes from Kathy Padian, who formerly oversaw charter schools for the Orleans Parish School Board:

The second comment comes from Rhonda Dale, principal of Abramson Sci Academy, a open-enrollment high school in New Orleans East:


Explore the SPS trends of NOLA schools:


Explore NOLA’s School Performance Scores:

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Louisiana

AFT On The Bayou Union Spends Less In Louisiana, But More On Charter Organizing in New Orleans

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The American Federation of Teachers (AFT) spent less overall in Louisiana in the past fiscal year than it did in F.Y. 2016, but the union boosted its funding for charter school organizing efforts in New Orleans by more than forty percent.

An analysis of expenditure data from AFT’s 2017 annual report to U.S. Department of Labor shows that the union spent $2,326,573 in Louisiana during the fiscal year that ended June 30th, a slight decrease from the from $2.49 million it spent in the state in 2016.

About a quarter of AFT’s spending went to political activities, which included nearly $125,000 in payments to the political action committee of the Louisiana Federation of Teachers, as well as a $15,000 contribution to Defend Louisiana, a super PAC behind Foster Campbell’s unsuccessful bid for the U.S. Senate last fall. In addition, AFT spent nearly $370,000 to influence last year’s Orleans Parish School Board elections, as I exposed in a previous blog post in January.

A diagram showing the distribution of AFT’s F.Y. 2017 spending in Louisiana.

AFT also invested heavily in organizing activities across the Bayou State. It gave nearly $192,000 to Red River United to support recruitment in Bossier, Caddo, and Red River Parishes. AFT spent another $184,000 on organizing in Monroe and $147,000 in Jefferson Parish.

Furthermore, AFT’s most recent annual report suggests that the union is stepping up its efforts to organize charter schools in the Big Easy. In F.Y 2017, AFT national poured $412,926 into its New Orleans Charter Organizing Project, a significant increase from the $292,000 it allocated in 2016. In all, AFT spent more than $850,000 on its New Orleans-based activities in the past year.

Although their recruitment efforts in the city have had mixed success, AFT’s willingness to spend substantial sums of money in New Orleans makes clear they still pose a serious threat. Over the past four years, AFT has steered more than $1.6 million to organize New Orleans charter schools and roll back the city’s reforms.

We need to remain vigilant to ensure that never happens.


Explore the data:


Read AFT’s 2017 annual report:

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