DISD Employment Policy Changes - Cause For Concern?

On Thursday, the Board will vote on several changes to DISD personnel policy.  As with anything involving staffing, all sides waste no time weighing in.  NEA Dallas sent a letter predicting doom-and-gloom; urging teachers to dress in black garments and pack the Board's auditorium on Thursday evening.

But are they justifyably concerned--at least about some of it?

The NEA letter identified three areas of concern to them.  The first reduces an employee's appeal/grievance process from 5 steps to 3.   The second adds language subjecting "at-will" employees to "at-will" employment.

"This clause will send every support professional employee in the Dallas ISD back to the DARK AGES," the letter warns.  Perhaps, however, the new policy changes will better manage revenue spent on overly-exhaustive appeals.

The NEA letter goes on to call attention to another issue: retooling the policies and procedures related to "RIFs."

A "RIF" (or "Reduction In Force") is a procedure used to reduce or eliminate certain categories of jobs, including entire programs.  In layman's terms: layoffs.

Currently, the DISD Board of Trustees must vote to approve RIFs.  The current proposal, on the table, would give the Superintendent power to declare a "RIF" for program changes.

The most visible reason for a program-related RIF is the bilingual education program.

Before we go any further, let's quote from Title VII of the Civil Rights Act of 1964:

UNLAWFUL EMPLOYMENT PRACTICES (Sec. 2000e-2. [Section 703])

(a) It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

Hold that thought--the part about "national origin."

One of the things we try to do, here at Dallas.Org, is research facts and ask questions.  We've spoken to politicians, officials, parents, principals, students, teacher's organizations and teachers themselves.

We've heard claims that long-term, qualified teachers are being fired and replaced by new teachers whose only skill, it seems, is the ability to speak Spanish.  We have yet, however, to speak to one former teacher who has been so fired and replaced.

This doesn't mean it hasn't happened.  It also doesn't mean it won't happen in the future.

We have heard claims that the test for a bilingual teaching certification is virtually impossible to pass, unless one was born and raised in a native-Spanish-speaking environment.  We have talked to several people who lead us to believe that there is a certain amount of fact to this claim.

"It is virtually impossible [for a native-born English-speaker] to pass," said one person, "because much of what you're tested on involves certain dialects [not spoken in the U.S.]."

So remember that portion of Title VII where the term "national origin" arose?  It seems like the District needs to pay exceptionally close attention to this concept throughout the bilingual hiring/displacement process.

There's another sticky point: the students.

The District (and State) has a policy, and it's a good one, to educate every child who shows up at the door of a Dallas (or Texas) school.

The District does not collect statistics (and is prohibited from collecting statistics) relating to the immigration status of the children attending Dallas schools.  However we've talked to several educators, officials and parents who seem to agree that the overwhelming majority of children-candidates for bilingual education are from families living illegally in the U.S.

"Some of the children were born here, which makes them citizens, but many of the parents are not," said one person. 

We asked officials with U.S. Immigration and Customs Enforcement for their position. They were already aware of the bilingual education debate in the Dallas Independent School District.

Though no one with I.C.E. would allow their names to be used, they were quick to point out that one of the agency's primary responsibilities continues to be the "protection of the Country's economic welfare."

ICE personnel made it clear that if displaced teachers "complained sufficiently" about losing jobs, the agency would take steps to investigate.  We asked if part of the investigation might center around the children, and families of children, enrolled in DISD's bilingual education program.

"We've done it in other jurisdictions," one person replied.

We asked if children or families found to be living in the area illegally might be subject to arrest and deportation?  The reply: "we have a responsibility to enforce the law."

Of course, one could make the argument that teachers would not have jobs in the first place, were it not for the students. 

The bottom line may well not center on the bilingual education program, but rather in its implementation.  The District circulated an "FAQ" or "Frequently Asked Questions" list.  One of the questions was:

"If a bilingual teacher is placed in a current teaching position, will the displaced teacher have a job next year?"

The answer was:

"yes, these teachers will continue to have a teaching position in DISD, but not necessarily in the same classroom or campus."

Indeed, District officials we've spoken with are adamant that no teachers will be fired over the bilingual education program, and we have yet to talk to anyone who can offer proof to the contrary.

The goal of the bilingual education program is noble as well: to get students proficient in English as quickly as possible. 

But, like so many things, "the devil is in the detail."  Will the program ultimately trim a chunk out of the number of DISD dropouts, or will it degenerate into yet-another costly debate on illegal immigration?