House and Senate bills legislating education reform

We are gravely concerned about current education “reform” efforts. It is our desire that Tennessee be able to attract and maintain outstanding teachers so that our students might receive the best education possible. The future of education in Tennessee depends on it. We are urging you to vote “no” on the following proposals that negatively impact the teaching profession:

HB 130/SB 113 proposes to repeal the Professional Negotiations Law. As professional employees, teachers should be able to negotiate the working conditions, salaries, and benefits of employment. We want teachers to have a voice that lends expertise to issues directly affecting students: school safety, class size, planning time, instructional time, length of the school day, access to resources and materials, scheduling, before-and-after school duties, and other issues and concerns—while working in tandem with the school board. Without bargaining ability, administrators and school boards retain the sole determination of this work in the “trenches,” along with the work load, planning time, and insurance premiums. Granted, all counties do not bargain. All districts do not share the same problems, nor can those problems be resolved in the same manner; but, the optimal structure enables us to work within locally established processes. Where there are contractual grievances, bargaining allows for corresponding grievance procedures. In turn, bargaining facilitates resolution without costly legal remediation. Considering the challenges teachers face daily in the classroom (e.g., motivating the unmotivated, increasingly stricter academic standards, students who lack home support, limited resources, etc.), this proposal does not enhance education reform efforts. The right to bargain poses no problem in Tennessee’s education system, and this proposal amounts to nothing more than a regression of employee rights.

SB 102 would remove from the Tennessee Education Association and the Tennessee Retired Teachers Association respectively the right to elect teacher representatives on the Board of Trustees of the Tennessee Consolidated Retirement System (TCRS) representing teachers and retired teachers. As a result, TCRS representatives would be appointed by speakers of the Tennessee Senate and House of Representatives. This shift in representation is unfair to teachers, who contribute a 5% of gross salary, an amount fixed by law, to TCRS. To exclude teachers from this representation eradicates their voice in the administration of retirement benefits and makes TCRS Board of Trustees political appointments. It is integral for educators to retain a voice in the decision-making process regarding Tennessee teacher retirement benefits, as discussion has surfaced regarding a shift from a Defined Benefit plan—TCRS takes the risk for investment, invests conservatively, and retirement benefits are guaranteed for life, regardless of investment gains or losses—to a Defined Contribution plan—retirement benefits are structured like a 401(k) plan and fluctuate based on stock market gains and losses. Tennessee’s retirement system, one of the top 10 retirement systems in the nation, is actuarialy sound, but if teachers lose representation on the TCRS Board, the future of their retirement benefits may be at risk as well.

HB 367 changes the tenure process for Tennessee’s teachers. Teachers who are currently granted tenure and afforded the right of due process after three years of quality service would be, under this bill, granted tenure between the third and tenth years of service. Furthermore, as the bill reads, it “eliminates judicial review of decision to suspend or dismiss a teacher for incompetence, inefficiency, neglect of duty, unprofessional conduct or insubordination.” In essence, this legislation would strip the current due process of tenure, which serves not to guarantee a teacher’s job, but to protect a teacher from dismissal based on mere personal agenda by ensuring that established protocol be followed before dismissal. This elimination in judicial review only serves to weaken job stability and therefore cripples the prospect of attracting exceptional candidates for the teaching profession in Tennessee.

HB 159/SB 136 would prohibit payroll dues deduction for public employees. This bill most definitely has nothing to do with education reform. Students, teachers, and education budgets receive absolutely no benefit from this proposed legislation. Software programs generate automated deductions each month for federal and state taxes and all types of insurance premiums; therefore, the deduction for dues is not a labor-intensive accounting task. We view this bill as a blatant attempt to weaken the rights of employees and their association.

HB 160/SB 139 would make it illegal for the Tennessee Education Association’s (TEA) political action committee to make contributions to any candidate. In other words, it would be perfectly legal for any special interest groups or business groups to contribute to a political candidate who promotes their concerns or interest, but not TEA. The mission of the Tennessee Education Association (TEA) is to promote, advance and protect public education, the education profession, and the rights and interests of our members. This bill reeks of discrimination.

The education system of Tennessee can be improved, no doubt. Education reform efforts can have positive effects on graduation rates, academic achievement, school safety, parental involvement, etc. However, these bills shatter education reform. Teachers are well aware of the problems in public education, and the aforementioned issues are not the problems. We, the undersigned, therefore urge you to vote “NO” on these bills.