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Teachers Union Challenges ‘Best And Brightest’
September 15, 2017
The Florida Education Association teachers union has filed a potential class-action lawsuit alleging that the state’s controversial “Best and Brightest” bonus program discriminates against older teachers and minorities.
The lawsuit, filed Wednesday in federal court in Tallahassee, names as defendants the Florida Department of Education and school boards throughout the state.
Lawmakers approved the Best and Brightest program in 2015 to provide bonuses to teachers. But the program has been controversial, in part, because it uses teacher performances on SAT and ACT college-entrance exams — in some cases, exams that teachers took decades ago — to help determine eligibility for the bonuses.
The lawsuit, which also includes seven individual teachers as plaintiffs, alleges that the Best and Brightest program violates state and federal civil-rights laws because of the use of the SAT and ACT scores.
“The SAT/ACT score requirement has an illegal disparate impact on teachers based on their age and on teachers based on their black and Hispanic race,” the 58-page lawsuit said. “The SAT/ACT score requirement is not required by business necessity and is not related to job performance.”
The lawsuit, which seeks certification as a class action, asks for damages and an injunction preventing the state and school boards from engaging in the alleged “illegal actions.”
A spokeswoman for the Department of Education said Thursday the agency does not comment on litigation.
During the 2015-2016 school year, 5,334 teachers received the bonuses, with each getting $8,248, according to a House analysis in May. In 2015-2016, 7,188 teachers received $6,816 each. Lawmakers earmarked about $44 million for the program in 2015-2016 and $49 million in 2016-2017.
The lawsuit alleges, however, that during the 2015-2016 year, less than 1 percent of the bonus recipients were black teachers, while about 4 percent were Hispanic. It also detailed statistics indicating disparate effects of the SAT or ACT requirement on older teachers who otherwise had been rated as “highly effective.”
Though lawmakers made some revisions this year, eligibility criteria during the program’s first two years required teachers to show they had been rated “highly effective” during their annual evaluations and that they had scored at or above the 80th percentile when they took the SAT or ACT. First-year teachers, who had not gone through annual evaluations, could qualify based on their SAT or ACT scores.
The lawsuit said the Florida Education Association represents thousands of classroom teachers “who are over 40 years of age, who are black and/or Hispanic, who have been rated highly (effective), who were not first year teachers … and who applied for the bonus under the program and were denied and did not receive the bonus because they could not satisfy the SAT/ACT requirement, or who would have applied for but were deterred from applying because it would have been a futile act because they could not satisfy the SAT/ACT requirement.”
by Jim Saunders, The News Service of Florida
Comments
7 Responses to “Teachers Union Challenges ‘Best And Brightest’”
In the 70’s and 80’s students were tracked. Meaning, unless “they” thought your were college bound, they did not steer you toward classes and exams that would push you toward college. That being said, I never heard the words “ACT” or ‘SAT” during high school until I got ready to sign up for some classes at junior college. There was no prep for this test, or emphasis that it was important. Flash forward 20+ years..I’m a highly effective teacher with no hope of ever receiving such a bonus.
3.THE CLASSROOM HAS BEEN RELEGATED FOR MANY MORE SKILLS OTHER THAN “Reading Writing and Arithmetic “..MANY THAT HAS BEEN ADDED WITH UNFUNDED MANDATES FROM OUR NATIONAL AND STATE LEGISLATORS..4.THERE IS AN ELEMENT IN POWER THAT WANTS TO ABOLISH PUBLIC EDUCATION AND PRIVATISE LEARNING..5.THOSE THAT PURSUE A PROFESSION IN TEACHING,DO SO NOT TO GAIN WEALTH BUT GAIN RICHES IN OTHER WAYS BY SEEING THE GROWTH IN EACH INDIVIDUAL STUDENT!
With more than 30 years of teaching in Florida public schools, I feel the need to weigh in on this topic..1.YOU CAN NOT MEASURE THE GROWTH OR SUCCESS ON STUDENTS OR TEACHERS ON ONE STANDARDIZED TEST..THERE ARE TOO MANY VARIABLES TO CONSIDER 2.EDUCATION CAN NOT BE EVALUATED LIKE A BUSINESS BECAUSE ONE DEALS WITH HUMANS AND THE OTHER DEALS WITH A PRODUCT OR A SERVICE..AN EFFECTIVE TEACHER WILL PROVIDE A NUTURING ENVIRONMENT FOR GROWTH ON MANY LEVELS
I swear, I cannot understand why teachers put up with such treatment and I’m glad the union has filed this lawsuit. We all know some people are better test takers and that a high score on the SAT or the ACT does not mean that student will excel in college. It is an indication, not a guarantee. I believe teachers need a bonus for showing up at school every day!
@ Nikki: You go girl! I’ve been in education for 34 years at this point with special needs or inmate students. Think I’ll get a bonus? Not a chance. I don’t work with the best or the brightest, so the fact that I am a highly qualified and effective teacher won’t mean squat come bonus time. I won’t do a dog and pony show for anyone, much less for something like this. BTW, I have GREAT ACT scores and could probably qualify if I were a new or younger teacher. This system needs revamping or dumping altogether.
I’m not sure the ACT and SAT scores should really be part of what ought to be a performance-based incentive, but it seems that the suit assumes that black and Hispanic teachers can’t perform as well on ACT and SAT tests as others. Wow.
The best and brightest shouldn’t be based on those criteria anyway and how in the world do you earmark almost $50 million dollars for this program when so many fantastic teachers are doing a great job everyday without recognition from those handing out the dollars. Just ask the 21 years of students I’ve taught, then ask their parents. I refuse to “prove” that I’m highly effective and I’m not doing a dog and pony show for a bonus. Whatever happened to those that do a good job and get rewarded. I know many people who have great scores and did well in college and are lacking in job performance, the opposite is true, too. It’s not right. Good thing I love my job.