Last month, a quarter of Los Angeles public schools gained new power over selecting teachers to fill vacancies when the Los Angeles Unified School District (LAUSD) Board of Education unanimously adopted a resolution to establish mutual consent hiring. In most districts, teachers are employees of the district, not the school where they work. What that means is that they can be displaced — losing their position at their school — while still remaining employed by the district. A teacher can be displaced for many reasons, like declining enrollment, changing instructional needs, or generalized dissatisfaction with the teacher’s performance. In many districts, a teacher can remain “displaced” with full salary and benefits indefinitely.
But this is starting to change. Districts are beginning to adopt policies that recognize that teachers who are unable to find new placements after a year should not continue to stay on as fully-paid employees.
Los Angeles’ mutual consent hiring policy requires both teacher and school to agree to a teacher’s placement. This means the districts can no longer place teachers unilaterally or require schools to select from the displaced pool rather than making new hires. As of right now, the policy only covers one quarter of LAUSD schools. The remaining three quarters are still obligated to fill vacancies with displaced teachers, a group which includes those who have been unplaced for more than a year (commonly referred to as the “must-place” teachers).
Nick Melvoin championed this policy as the LAUSD school board vice president. Nick was also a witness in Reed v. State of California, a 2010 California constitutional case that aimed to protect students in underperforming schools from catastrophic teacher layoffs. I worked on Reed as part of the legal team that represented the students, including students at the school where Nick taught. Reed was a precursor to its more famous sibling, Vergara v. State of California, a case that led to a California Supreme Court ruling about the need for establishing “inevitability” when linking an education policy aimed at teachers to a constitutional harm to students.
In the Q&A below, I talk with Nick about what this new policy means for LAUSD’s students and teachers. Conversation has been lightly edited for length and clarity.
Eight years ago, you and I first met while I was representing students suing LAUSD over disproportionate teacher layoffs in their schools. That included many of the same schools that are now insulated from receiving “must-place” teachers under this new policy — including the school where you taught! That case ultimately settled without clarifying the state’s reverse-seniority layoff laws. Did that experience inform this effort to create a new practice of mutual consent hiring?
Absolutely. Just because litigation isn’t successful, that doesn’t mean that we’ll stop trying. There are two reasons that this policy makes sense. The first and most important one is the impact that this has on children. When I arrived as a teacher at Markham Middle School, I saw a rotating parade of substitutes and learned what that had done to my kids. Some of them didn’t have a history teacher until October, and until then, they were failing interim assessments… History isn’t something you can intuit — someone has to teach you! The administration was going down the list of hundreds of “must-place” teachers, and each one who showed up would leave after a few days. They weren’t the right fit for the school and they didn’t want to be there, but this would go on for months before the school could secure a permanent teacher.
The second reason is that I care about treating teachers as adults and as professionals. I came to the district fresh out of Harvard University, and my classmates were going on to Wall Street and consulting firms. I thought teaching was the most important job in the world, but when I arrived, I was treated like a cog in a machine. Mutual consent is about treating our teachers well and respecting them as professionals who do the most important jobs in the world.
I think that this new policy opens up a new channel for conversation and helps us to move closer to our goal of ensuring that all students in the District have great teachers. Continue reading