United Teachers of Dade files suit over Florida's performance pay plan
United Teachers of Dade (UTD), the union representing Miami-Dade teachers, has filed a lawsuit against the Miami-Dade County school district state court, arguing that the state's $147.5 million ''Special Teachers Are Rewarded'' (STAR) plan should not be implemented in the county because it violates Florida's Constitution. Under the STAR plan, the nation's first statewide performance pay plan for public education, teachers are to be evaluated on a combination of performance reviews and student achievement on standardized tests. School districts can give the top 25% of their teachers bonuses averaging about $2,000 each this year. Although they decline to comment directly on the lawsuit, Miami-Dade school officials have long agreed that the STAR plan is flawed. "As a district, all along, we have recognized the merits of performance-based pay," says Alberto Carvalho, Miami-Dade's associate superintendent for intergovernmental affairs. "However, we always advocated for funding to be added that gave local school boards the flexibility to ... negotiate money into salaries in the appropriate fashion." The district stands to receive $19.6 million for teacher bonuses under the law. But the district will lose that money if it and the union can't come to an agreement by March 1. "I understand [the school district's] position, I don't want them to lose $20 million," says UTD President Karen Aronowitz. "But I need our teachers to earn the kind of professional salaries that will keep them here, and that $20 million could be used for that." Opponents criticize the state's plan, contending it pits teacher against teacher for the bonus money. In addition, they argue the program fails to provide adequate incentives because the other 75% of teachers would be excluded.
The Florida Education Association (FEA), which represents the state's 130,000 teachers, has a pending suit against the Florida Department of Education that is seeking to block implementation of the program. FEA’s suit questions whether the STAR language was meant to replace another merit pay statute and argues that lawmakers erred when they put it in the state's spending bill instead of in a general law. UTD's suit contains the same premise, but contains two additional arguments: (1) STAR violates the constitutional guarantee that all school districts get uniform funding; and (2) it illegally and irrationally classifies teachers into two separate groups, those who teach state-tested subjects and those who do not. "'They're saying that education is a system of standardized tests," says Ms. Aronowitz, referring to the benefits of art, music, and sports. "They're saying that it's not of value unless it produces a score."
Miami Herald
By Tania deLuzuriaga
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CNN.com
By Associated Press
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[Editor’s Note: For background on FEA’s suit and the dispute over the STAR program, see below.]
[NSBA School Law pages on FEA STAR suit]