is that teachers can only get the ongoing *salary* increases -- as opposed to the one-time *bonuses* -- by giving up their job protections.

protections will enhance the children's education experience. Until that is explained it looks to be nothing more than an attempt to destroy the influence of the union without any regard to increasing the quality of education.

Is Rep. Labrador unaware of the Attorney General's Opinion related to ISTARS? I agree that we should reward good teachers. However, shouldn't ELECTED officials ONLY support Legislation that is represented HONESTLY! I encourage Rep. Labrador to read the following information that has surfaced: Luna's comments "it is one attorney's opinion" is Outrageous! This Opinion is from Idaho Attorney General Wasden's OFFICE!!!!

Trail: AG's opinion a 'bombshell' on iSTARS

Rep. Tom Trail, R-Moscow, requested an Idaho attorney general's opinion on a troubling question he said was raised by state Superintendent of Schools Tom Luna's "iSTARS" teacher pay plan: What happens to a teacher who gives up continuing contract rights in exchange for higher pay, but then finds that the Legislature hasn't allocated enough money for the extra pay? Luna said at a public hearing last week that in that case, the teacher could return to continuing contract status. But the attorney general's opinion found otherwise, and raised other questions about iSTARS as well, including whether teachers would have to sue school districts. "If you read the attorney general's opinion, Mr. Luna is 100 percent wrong," Trail said, and iSTARS is "not only unworkable, but it very potentially is constitutionally flawed." He added, "I don't think he really realizes what a bombshell he has on his hands." Luna, asked about the opinion, said he thought it was "highly unlikely" that lawmakers wouldn't fund the plan once they'd passed it. He added, "It is one attorney's opinion." Click below to read the full opinion.
January 30, 2008
The Honorable Tom Trail
Idaho House of Representatives
VIA HAND DELIVERY
Re: Our File No. 08-21617 - ISTARS Legislation
Dear Representative Trail:
You have asked for guidance regarding the proposed ISTARS legislation. As I understand your request, you want to know what will happen if a teacher agrees to become a Category 4 contract teacher and the Legislature cuts off funding for the ISTARS program. Your request specifically seeks guidance as to whether the Category 4 contract teacher will regain continuing contract status, whether pursuant to the ISTARS legislation or somewhere else in Idaho Code.

As currently configured, the ISTARS legislation does not address the situation involving a lack of state funding for the Category 4 contract teacher. Nor is there any other provision in the Idaho Code that would provide for a Category 4 contract teacher returning to continuing contract status.

The ISTARS program makes very clear that a certificated employee who chooses to sign a Category 4 contract "is irrevocably terminating any rights to a category 3 contract or to a renewable contract...." See Section 2 of Senate Bill 1310 (proposed Idaho Code 33-514B (1)). The ISTARS program specifically proposes to amend Idaho Code 33-515 (Issuance of Renewable Contracts) to exclude Category 4 contracts. The admonition regarding the permanent loss of continuing contract rights as a result of signing a Category 4 contract is reiterated in Section 6 of S1310 (proposed Idaho Code 33-1004 (4)(b) and 33-1004 (4c)).

Moreover, the ISTARS program appears to deny school districts the ability to amend or alter Category 4 contracts or the awards to be paid pursuant to them. See Section 6 of S1310 (proposed Idaho Code 33-10041(8)). Thus, the ISTARS program not only makes very clear that a teacher who signs a Category 4 contract gives up any right to continuing contract status at the time of signing or in the future but also appears to severely limit a school district's ability to alter the contract status with a Category 4 contract teacher.

The ability of a school district to alter or amend its contractual relationship with a
certificated employee is further limited by case law in Idaho that establishes that a teacher's contract includes relevant statutory provisions from the Idaho Code. See, Rhoades v. Idaho Falls School District No. 91, 131 Idaho 827, 965 P.2d 187 (1998), and Brown v. Caldwell School District No. 132, 127 Idaho 112, 898 P.2d 43 (1995). Therefore, the ISTARS "awards" to Category 4 contract employees would become part of the employee's contract with the school district or charter school. Contract rights are protected by constitutional due process considerations, as would be any reduction of compensation under a Category 4 contract during the contract period.

Should the Legislature not fund ISTARS, the remedy of a Category 4 certificated employee would be against the school district or charter school. The school may be liable for payment to the employee pursuant to the Category 4 contract award provisions. As part of the relief sought by a teacher, a court could order that a teacher be returned to continuing contract status or have access to such status. However, such a result would likely be on a case by case basis until the issue was ultimately resolved by the Idaho Supreme Court.
I hope this letter has been of some assistance to you. If you have further questions, do not hesitate to call upon me.
Very truly yours,
WILLIAM A. von TAGEN, Deputy Attorney General
Chief, Intergovernmental and Fiscal Law Division

Kudos, dude.

As a concerned parent and voter in District 14, I am disappointed in Mr. Labrador's comments regarding the ISTARS plan. My children have attended schools in Boise and Meridian and their educational experience has been wonderful. The ISAT's are a joke. No teacher should have his/her pay increase based on this multiple choice vocabulary test. If given a choice, I would not allow my children to be subjected to this ridiculous test.

The fact that Mr. Labrador supports this plan is reason enough to change my vote. I did vote for him in the last election but I encourage everyone to vote against him the next time around if he continues to support ISTARS. Our parent group will be watching the vote on the ISTARS bill and then we will hit the pavement when elections roll around so we can change the seats of those in favor. Teachers are not the only ones who dislike what is being presented. Parents are greatly disturbed by the possibity of teachers being enticed to teach to the ISAT's in hopes of receiving a bonus! I for one, can not sit back and watch our education system suffer this great blow. We need legislators that understand education and the challenges teachers are facing when it comes to standardized testing. It is up to us to change the seats! Most voters have a child or at least know one :-) Let's elect education friendly legislators-our kids deserve that much!

Teachers are already paid equivalent to the private sector. Bad teachers are protected and good teachers ignored. Kids ignore learning and some parents enable them. We are already in desperate times in competition with the global market.

I'm 100% for a modern compensation approach that is based on results. Yet removing teachers job protections in exchange for a chance of something that may not come through isn't fair. Can someone point out what this program is, in plain english, without the political rhetoric?

After reading some of the responses, I need to clarify a few issues:

First, I did not say whether I support iSTARS completely or whether I would vote for it as it is currently drafted. I think the concept is good and hope that this year's and all future year's pay increases are tied to some type of merit pay system. The iSTARS bill is being heard in the Senate first. I am sure that the bill that we hear in the House will be much different than the current version.

Second, I do not want to require teachers to forego their continuing contract (tenure) in order to qualify for the the benefits of iSTARS. I had this opinion even before reading Representative Tom Trail's letter and the response from the AG's office yesterday. The AG's letter reinforced my conviction that the contract issue should not be a requirement to qualify for additional pay increases under iSTARS. I think the concept should change from a step-ladder approach where teachers have to forego tenure before qualifying for additional bonuses to a menu approach where teachers decide which bonuses they wish to qualify for. I think the issue of dealing with poor performing teachers should be done separately. I am currently studying the issue.

Third, I understand tannera's concern of basing pay increases on the ISAT. Although I share some of tannera's concerns about standardized testing, unfortunately, the ISAT is the only tool we have to measure student performance. I support using this tool at this time, but have asked Superintendent Luna to come up with better and fairer ways to measure student performance. I believe Superintendent Luna, with the help of other educational professionals, is looking at other ways to do so. Under the current system, teachers are already "teaching to the test" and should be rewarded for having high achieving students or improving their current student's performance. Also, remember that student performance is not the only way that teachers will qualify for bonuses or pay increases.

Fourth, I keep hearing that 90% of teachers oppose iSTARS. Whether that number is accurate or not, the majority of the teachers I have talked to seem to agree that we must do more to recruit and retain good teachers. They do not object, in principle, to merit pay and just want to have a system that is fair and equitable for all. I am working with Superintendent Luna and other legislators to do exactly that.

Rep. Labrador

I must say that I respect and appreciate that response. I agree with you that some type of merit pay/pay for performance plan would be a good idea. Excellence in teaching should be rewarded. I think we must remember that there are excellent teachers who may not have the highest test scores or be willing to give up their contracts (if I understand that issue correctly). I just worry that we will discourage these amazing people and that the educational system will suffer as they leave Idaho or the profession.

I am thrilled to hear that you are encouraging Mr. Luna to explore better ways by which to measure student performance. I realize that many teachers are already "teaching to the test" and my point is that this is a shame! We need to develop a way to reward teachers who provide a more well-rounded education for our children.

Good for you for exploring the issue of dealing with poor teacher performance. You are right, this is really a separate topic. I do think it will be hard to agree on what quailifies as poor teaching. With my high school age daughter, I consider those individuals who provide worksheet after worksheet and 'teach to the test' among the weakest. I do not consider a 'test teacher' to be an excellent educator. If you had me choose between two teachers, one with high ISAT scores that focused on the test and one that had lower scores but taught with passion and creativity, I would choose the latter. It's a tough one but definitely worth investigating.

Thank you for your response Mr. Labrador and we'll be looking forward to monitoring this bill as the legislative session progresses.

Teachers would like to be rewarded for THEIR performance. There is no standard test that will EVER accurately measure student performance because there will always be circumstances that can't be measured.

How can you expect my newly wounded refugee from Africa to meet the standards set for his grade within 6 months of being in school? That is what is currently expected with the testing we now have in place. This test will never be able to tell you the countless hours I have spent with him, in school and out of school (with his family) trying to help them adjust to a new culture and deal with the extreme PTSD along with the medical needs. He now actually communicates with me and his classmates, something he would not do when he first came to our school.
Or how about my student that comes to school and needs to sleep because he has had to go to work (graveyard shift) with his single parent who is working 3 jobs trying to support him and his son. How do you think this child is going to do on the ISAT?
Oh, but wait, last week one of my little ones came school crying. When asked why, she said she was afraid to leave her mom alone because the night before the boyfriend had threatened to kill her (the mom) and cut her up into little pieces (all of this took place in front of the child). Needless to say the child spent the day with the counselor and SRO. How well do you think we will be able to measure her gains in academic performance?

These are all examples of what my class experiences weekly. These are not exaggerated stories by any means (quite the opposite). I think out of my 26 students there are only about 6 of them that have not experienced something traumatic in their lives since the beginning of school this year. It has been an unbelievable year.

I love my job- this is exactly where I am supposed to be. Fact of the matter is all students come to us with a range of different issues, both academic and emotional. Trying to base teacher pay on student performance is like basing an oncologist's pay on their success rate of curing patients.

So how do you compensate a good teacher? I really have no idea what method would truly work. Quite honestly it is not at the top of my concern list at this point. I have a passion for teaching, the pay is secondary.
But please... do not insult me by telling me you actually want to gage MY performance by how well my students perform on a standardized test. I will always choose to teach the students with the issues I have talked about, that is until I get fired because they are not ALL making the arbitrary proficiency scores set up by each state.

would be vastly preferred to ISTARS. PLEASE...

If they don't perform as we would like them to, cut their pay or "fire" them in the middle of their term. Or pay the few that actually do their jobs appropriately and care about what they should at least double what their colleagues get paid? If you want to talk about incompetence being understated, look at our political bodies and our legislators. And yes, I am aware that the people have the power to vote these individuals out of office, but the system is structured where it makes it very difficult at times to remove an incompetent politician from office. Kind of like your argument against teachers. Anyway, just a thought.

what is being done to help the teachers control the other aspects that affect the success and/or failure of a student? Such as:
1. Abuse or neglect in the home.
2. Whether the parents discuss education with the child or care about education.
3. Families being split up.
4. Parents that can no longer help their child with homework after the 4th grade due to not understanding the work.
5. Students who refuse to work up to their potential because they just don't care or are not intersted in the subject (which is fine with mom and dad).
6. Parents who feel the school is expecting too much out of their child and want their child to be able to be a child.
7. Households that are struggling to maintain a home and have a difficult time feeding their children regularly.
8. Drug abuse in the home.
9. Students who start school with virtually no preparation versus students who start school already two grade levels ahead (all in the same class).
10. Disruptive students that are allowed to stay in the classroom and disrupt other student's education due to having the same right to an education.
11. Students who are struggling with having a family member in jail or in other legal trouble.
12. Students who really don't care about their ISAT score and rush through the test so they can get on with their day (after all they are not going to be punished for the result).
13. Students who do quite well otherwise, but suffer test anxiety and therefore do not perform up to par under test conditions.
14. Students who friendship and social issues are far more important to them than their academic issues.
15. Etc., etc., etc., etc., etc., etc., etc., etc., etc..........

I understand not all students have these issues, but far too many of them do and these issues affect the students performance whether we like to admit it or not. Also, these are not issues the teacher has control over. In addition, I know that there are some very great teachers that get more than their share of "challenging" students because they are so good at what they do. Which can work well for the "challenging" student, but maybe not so well for the other students in the class or the great teacher who still is human and has his/her limits. Okay, I will stop and you can now tell me that all other professions have to deal with such things and there are no excuses for a student not succeeding and that if a teacher was really good at what they did that they could make the student that is being sexually abused see that the ISAT test is far more important than the abuse they are going through and that they should suck it up and do well on the test because that will make their life all better.

are currently helping struggling students everyday, without complaining or getting a pay increase. They do make incredible progress but it may not be in the 'top quartile' of achievement or growth. Perhaps they are in that 26% that will not be receiving a bonus. Your earlier comment regarding the 'not so strong' teachers that will not take part in the iSTARS plan is exactly why this plan is 'not so strong'. You are assuming that if a teacher does not participate, they are 'not so strong'. This is simply not true. My children have AMAZING teachers that will not give up their contracts. They should not be categorized as weak teachers. How is this division going to help education in Idaho? As for considering the total voting record of my representatives, I do, but please tell me what is more important than children and education? Nothing, as far as most parents are concerned.

Please, just give it up. If it so dam bad being a welfare sucking
teacher or farmer, just change to something else. Farmers are greater
welfare suckers than teachers.

Do you get that you are being paid very well to do your
job with students from 8:30 to 2:30?
Quit whining about what kids do at night and DO YOUR DAM JOB.
If teaching does not work out for you, you might try farming.
Taxpayers are unfairly taxed on behalf of farmers even more than
teachers.

But you must work real hard at digesting whatever they make Chinese shoes from.

Money saving idea.
Eliminate the teaching of Spanish to "Native Speakers" in the School system(at least canyon county..I pay my taxes here)????
Or maybe tranfer it to a different district...perhaps..Mexico???
This might help increase the budget for the incentives to the teachers!

Thanks for reading!

A former Mexican glad to be here and tired of abuse of the system (medical,school,legal) by other very proud Mexicans that maybe are not so glad to be here!

Buenas tardes!