The Culture of 'Can't' in American Schools

Education leaders often act lazily, blaming union contracts and federal regulation rather than confronting the problems they have the capacity to solve.

bandwschool.jpg

Gamma-Ray Productions/Flickr

When it comes to reforming our nation's public schools, we hear a lot about what educational leaders can't do. Contracts, laws, and regulations assuredly handcuff school and system leaders. But the ardent drumbeat for "reform" has obscured the fact that school and system leaders can actually do much that they often complain they can't, if they have the persistence, knowledge, ingenuity, and motivation. In truth, it's tough to know how much blame should be apportioned to contracts and laws and how much to timid school boards and leaders who prize consensus and stakeholder buy-in.

There are genuine legal and bureaucratic obstacles that hinder leaders. A few states, including Pennsylvania and West Virginia, mandate that seniority be the sole determinant of who gets cut when laying off teachers. Regulations governing the use of federal funds can be equally burdensome. "It is hard to overemphasize the number of federal compliance requirements that apply to states and districts," explain education attorneys Melissa Junge and Sheara Krvaric. They note that the Office of the Inspector General has estimated that Title I alone contains 588 discrete compliance requirements.

Still, these obstacles are less burdensome, and more surmountable, than many leaders or reformers seem to understand. The problem is that in selecting, training, socializing, and rewarding leaders, we do not equip or encourage them to lead. Traditional educational leadership counsels tell leaders that they should rely wholly on coaching and consensus -- while placidly accepting contractual, bureaucratic, or policy barriers. Meanwhile, would-be reformers divert attention from lethargic leadership by rushing to blame "the union." The result is that school and system leaders operate in a timid "culture of can't." As the Center on Reinventing Public Education's legal analyst Mitch Price has noted, contractual or regulatory issues can serve as "smoke screens for those people who don't want to do something."

Solving the nation's most entrenched problems See full coverage

Take the issue of "last in, first out" (LIFO) layoffs. Across the country, reformers who lament the way in which senior teachers are systematically protected, regardless of performance, at the expense of their younger counterparts are calling on states to change their laws to end this practice. However, the National Center on Teacher Quality's database of collective bargaining agreements from large school systems makes it clear that many district leaders have chosen to use LIFO of their own volition. Sixty of the seventy-four contracts examined in August 2011 contain LIFO provisions. Of the sixty, two-thirds (41) were in states that had no law requiring LIFO. This is not a problem with state law or nefarious forces; this is a problem of school boards and superintendents having historically caved at the bargaining table.

Happily, across the country there are examples of determined state chiefs, principals, superintendents, and school boards who are ready to stop getting pushed around. In Sacramento, many low-performing "turnaround" schools have been staffed with bright young teachers. The problem: California is one state where state law meant these teachers would be the first to go during layoffs. Rather than play the victim, researcher Heather Zavadsky reports that the district figured out a work-around. The superintendent battled with the union, negotiating a deal which stipulated "that if a teacher had been specifically selected for a turnaround school, and the district could document that the training was different and specific, then the teachers would not be subjected to seniority-based layoff. The district was smart about it. They literally scheduled the training at a different time of the year and carefully documented how the training was different."

Presented by

Frederick M. Hess & Whitney Downs

Frederick M. Hess is a resident scholar and director of education policy studies at the American Enterprise Institute. Whitney Downs is a research assistant in education policy at the American Enterprise Institute. More

Frederick M. Hess is the author of several books on education including The Same Thing Over and Over, Education Unbound, Common Sense School Reform, Revolution at the Margins, and Spinning Wheels. He pens the Education Week blog "Rick Hess Straight Up." Hess also serves as executive editor of Education Next, as lead faculty member for the Rice Education Entrepreneurship Program, on the Review Board for the Broad Prize in Urban Education, and on the Boards of Directors of the National Association of Charter School Authorizers, 4.0 SCHOOLS, and the American Board for the Certification of Teaching Excellence. A former high school social-studies teacher, he has taught at the University of Virginia, the University of Pennsylvania, Georgetown University, Rice University, and Harvard University. He holds an M.A. and Ph.D. in Government from Harvard as well as an M.Ed. in Teaching and Curriculum.

Whitney Downs is a research assistant in education policy at the American Enterprise Institute. Her research focuses on school cost-cutting practices, the role of private enterprise and business engagement in public education, and the legal and structural barriers faced by education leaders. Her work has been published by National Review Online, The Daily Caller, and Education Next and has been featured by The Wall Street Journal Online and The Huffington Post. Downs graduated magna cum laude with a B.A. in sociology from Princeton University.

Saving the Bees

Honeybees contribute more than $15 billion to the U.S. economy. A short documentary considers how desperate beekeepers are trying to keep their hives alive.

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register.

blog comments powered by Disqus

Video

How to Cook Spaghetti Squash (and Why)

Cooking for yourself is one of the surest ways to eat well.

Video

Before Tinder, a Tree

Looking for your soulmate? Write a letter to the "Bridegroom's Oak" in Germany.

Video

The Health Benefits of Going Outside

People spend too much time indoors. One solution: ecotherapy.

Video

Where High Tech Meets the 1950s

Why did Green Bank, West Virginia, ban wireless signals? For science.

Video

Yes, Quidditch Is Real

How J.K. Rowling's magical sport spread from Hogwarts to college campuses

Video

Would You Live in a Treehouse?

A treehouse can be an ideal office space, vacation rental, and way of reconnecting with your youth.

More in National

Just In