National board teachers take their salary fight to court
AJC reporter James Salzer says the Professional Association of Georgia Educators, the state’s largest teacher group, is suing the state for cutting the 10 percent salary supplements going to about 2,500 National Board Certified teachers
PAGE wants the supplements reinstated after the legislators slashed them from 10 percent to 5.2 percent in response to the recession. The change cost many of the top teachers $2,500 to $4,000.
“We file this lawsuit reluctantly,” PAGE Executive Director Allene Magill said. “We worked very hard with legislators to prevent them from creating this problem during the last session. We told them that if they wanted to bring the program to an end that they would need to honor their commitment to those who had already earned the certification.”
“We believe that the amounts of salary national board teachers will be losing places an unduly harsh burden upon them,” said Magill. “While all educators shared in the cost of furlough days, this action singles out a relatively small group of the state’s most highly certified teachers and takes several thousand dollars of salary from each of them.
Between this new lawsuit and the recent one on charter schools, the state will be spending a good bit of time in court this year on its education policies.
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© 2009 The Atlanta Journal-Constitution
28 comments Add your comment
catlady
October 9th, 2009
7:13 pm
There should also be a class action lawsuit against the state by ALL personnel that signed a contract to work 190 days for X amount. It cannot be a valid contract if it is only binding on one party.
If the state wants to change the number of days and pay for its teachers, it should do it when contracts are issued, not 4 months later after teachers have little option to move to (God help us) Alabama or Tennessee, for example, to get a job.
MsCrabtree
October 9th, 2009
7:45 pm
Ditto what catlady said. Teachers in this state are taken advantage of big time.
Jones
October 9th, 2009
7:54 pm
I do not think that this lawsuit shold be flied against MY school. We work longer and harder. Our scores are better too.
Many USG Faculty and Staff and K-12 Teachers
October 9th, 2009
8:32 pm
We applaud PAGE for taking this legal step!
If there was some legislative accountability by the Board of Regents of the University System of Georgia to someone other than themselves, then perhaps the blatant misuse of appropriations by the BOR in their over $7 million in deferred “bonuses” to USG presidents and chancellors would not be taking place.
Those funds alone could have assisted in preventing the state from cutting the 10 percent salary supplements going to about 2,500 National Board Certified teachers.
But then again, as reporter Dick Yarbrough implied recently, there is strong speculation that Governor Perdue has been approached about becoming the next President of UGA. Perdue would not want accountability by the BOR to be returned as it would affect the millions in salary and deferred compensations that he would be given after his term as governor – like Michael Adams is currently receiving (see below). Perdue is not going to bite the hand that will be feeding him millions next year!
Governor Perdue and Legislators are simply not listening and civil court appears to be the only venue for hard-working and dedicated USG faculty, staff and K-12 Teachers. We understand that a Georgia Whistleblower Protection Act case has been filed in Fulton County Superior Court for many unethical practices that Perdue and the State Office of Inspector General Office’s chose not to address – clearly for the reasons mentioned in the above paragraph and others to be made public just two months before the election next year (September 2010).
Jim Walls of Atlanta Unfiltered reported on October 5, 2009 many of these misappropriations – approved by the Board of Regents’ through deferred compensations (a.k.a. “golden parachutes”) – from state and foundation funds:
$1,820,697 — Wayne Clough, former Georgia Tech president (includes $500,000 cash, a $38,000 car and a split-dollar life insurance policy valued at $750,000 from the foundation)
$1,666,639 — Carl Patton, retired Georgia State University president
$1,573,606 — Michael Adams, UGA president (includes $786,106 due from the UGA Foundation as of June 2008)
$600,000 — David Bell, Macon State University president (includes $400,000 due from the Macon State foundation)
$495,990 — Thomas Meredith, former University System chancellor (includes $180,990 from the University System of Georgia Foundation)
$480,000 — Daniel Rahn, Medical College of Georgia president
$262,500 — Erroll B. Davis Jr., University System chancellor
$127,000 — Beheruz Sethna, University of West Georgia president
$90,000 — Dan Papp, Kennesaw State University foundation
$75,000 — Bud Peterson, Georgia Tech president since April 1
$7,191,432 – Total
Link to Atlanta Unfiltered’s full story:
http://www.atlantaunfiltered.com/2009/10/05/university-execs-deferred-pay-often-hidden-tops-7-million/
jim d
October 9th, 2009
9:08 pm
BOUT TIME, some of y’all grew a pair!!
ScienceTeacher671
October 9th, 2009
9:35 pm
I think any state employees who work under contract and whose contracts have been violated by the furlough days should be parties to this…
And considering that the General Assembly should have created a balanced budget in the first place, and should have returned to Atlanta (at no charge to taxpayers) to fix their mess when it was obvious that they had failed in their primary job, I would suggest throwing them all out next year, and not electing those G.A. members who are running for governor, if there’s a viable alternative…
Wes
October 9th, 2009
10:12 pm
funny how many think that they should be immune from the recession, dang near any agreement with any government is only good while convenient to that government
oldtimer
October 9th, 2009
10:38 pm
I want to add my support of teachers in
tn…every on shouuld whT THE TEACHERS IN OUR STATE DO
Bill
October 10th, 2009
5:37 am
This state does have honor contracts. Please! The teachers needs to do something. This is crazy.
Bill
October 10th, 2009
5:50 am
Teachers aren’t making big bucks! Lets get real. What average teacher makes something like $46,ooo, that ain’t much. Then to deal with the kids and some of you crazy parents. I think this state is going be the bottom of the barrel in terms of education with this Governor. Recession is hard, but come on. He could save else where, education is always on the back burner here. Go figure, the one way to help people out of poverty, people act like education is not important. Instead of giving people fish, why not teach them how to fish. It will cost more in welfare checks in this state and more uneducated folks in the long run. And guess what I’m Republican.
Katie
October 10th, 2009
9:34 am
All, it’s sad that it came to this, but as an NBCT, I must say I am ECSTATIC. It’s such a relief to know that someone is speaking for us. I was especially happy that the story points out that some NBCT’s are currently getting at least 5%, while others are getting jack nothing.
It will be interesting to see if we win. Ironically, Sonny will probably spend more $ defending his egregious decision than he would have spent paying us!
Ernest
October 10th, 2009
10:16 am
IMO, this is not going very far. Time permitting, take a look at HB 243 that was signed by the governor on 4/21/2009:
http://www.legis.state.ga.us/legis/2009_10/fulltext/hb243.htm
Note this section in particular:
Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b) of this Code section.
Like everyone else I empathize with the board certified teachers however the law was modified to address the revenue shortfalls we are experiencing. The options would be to cut something else in the budget (any suggestions?) or increase taxes.
How do you think the public would react to an additional ’surcharge’ on families that currently have children in the school system, say $25/child with those monies going directly to supplemental salaries. There could be income exemptions, where applicable. How do you think parents would react to something like that?
mama-mia
October 11th, 2009
12:05 am
Ernest, I’d be fine with that surcharge. I have three kids… I’d pay $75 gladly to support public education.
Maureen's accountability metric
October 11th, 2009
2:09 am
Those who are, apparently unlike the AJC, willing to look at this lawsuit with a critical eye might easily see it as a public relations stunt by an organization many feel is weak when it comes to advocating for teachers. An attempt, if you will, to shore up its teacher base by trying to prove it’s “standing up for teachers” in the wake of recent furloughs
If you need an analogy, imagine Barry Manilow doing a photo shoot with T.I. or 50 Cent in an attempt to establish himself as “gangsta” with the ever compliant the AJC taking on the role of Perez Hilton and TMZ.
My apologies to TMZ, as most likely they would be highly offended by having their gravitas compared to that of the AJC.
Of course you can’t blame PAGE, because unlike even Perez Hilton, the AJC has proven it will gladly play the role of public relations hack when it comes to PAGE’s “stand” for teachers with its steadfast refusal to ask even the most lightweight of questions.
But for those who want to go further that the AJC apparently wants you to go, a more telling example of how PAGE “advocates” for teachers, might be PAGE’s reaction to teacher furloughs in an editorial in this very paper.
Did PAGE call for any cuts in administrative bureaucracy, even as school systems such as DeKalb were creating new administrative positions such as “corporate wellness director” while cutting teacher retirement benefits?
Did PAGE call for any cuts to administrative bureaucracy, even as some systems furloughed teachers, but didn’t furlough various administrative positions?
No PAGE, took to pages of this very paper and suggested what teachers need to do, is to “give themselves a raise” and act more professional.
School systems all across Georgia furlough teachers, and it’s the teachers who need to act more professional? An organization is given prime editorial space in the AJC and this is the “stand” it takes for teachers?
But did the AJC editorial board call PAGE on their silence on administrative cuts? Of course not, that would require the AJC to take a real stand, and that might offend some of the business interests that Maureen swears have no impact at all on the AJC. The AJC having any ties to the business community in Atlanta? Perish the thought!
And where exactly is Anne Cox Chambers on the Forbes list of 400 richest Americans this year? Number 26? No business interests there, I’m sure.
No, you won’t see the AJC editorial board asking any tough questions about PAGE’s “stand”. Heck, given the editorial board and what they no doubt consider a “strong stand” on the CRCT cheating scandal, it wouldn’t be shocking to see Andre Jackson penning an editorial likening PAGE Executive Director Allene Magill and her latest “stand” to Leonidas and the 300 at Thermopylae.
Of course those who are offended at the suggestion that Allene Magill and PAGE haven’t quite reached the level of Leonidas and the 300 are more than welcome to come on this blog.
Maybe they can explain why PAGE, when given prime editorial space in the AJC to respond to furloughs, suggested teachers “give themselves a raise” but did not, to the best of my memory of the editorial, offer a single word about cutting the educational bureaucracy?
I wouldn’t hold my breath though. I doubt even the great Leonidas would want to defend that position.
Been There. . . Done, well. . . just done!
October 11th, 2009
3:13 am
To ‘Jones’, I respectfully ask you to re-read the article: the lawsuit was filed against the STATE of GEORGIA, not your school. Your school and its scores have nothing to do with this; I congratulate you, however, on having such high scores. It must be nice to be able to tell everyone else how much better you think you & your school are than everyone else. Alas, that isn’t a good way to show support for your fellow teachers amidst the usual cost-cutting being wielded over the schools (as a whole). . . wait. . . my mistake. . . I’m not certain there were any words of support.
Good luck with that lawsuit
October 11th, 2009
8:41 am
http://blogs.ajc.com/gold-dome-live/2009/10/08/state-revenues-plummet-16-percent-in-september/
State revenues plummet 16% in September.
MsCrabtree
October 11th, 2009
12:04 pm
The point is that the state originally made a comittment to National Board teachers. What is to stop the state from next taking supplements away from those holding Master’s or Doctorate degrees. It was political from he get-go, Sonny didn’t want to keep a comittment that was started by Roy Barnes. The honorable thing would be for the state to pay out the balance owed these teachers for the time still on their National Board certificates in a lump sum now.
MsCrabtree
October 11th, 2009
12:07 pm
And you know darn well that Sonny, regardless of how state revenues might improve, will make darn sure there won’t be any money available in that “subject to appropriations” clause. It is political!
Perturbed
October 11th, 2009
9:09 pm
With Board members like this, who needs enemies:
http://www.theweekly.com/news/2009/October/09/Mary_Kay_Murphy.html
Um, we didn’t win Mary Kay. Yes, we got some money, but not the million.
What is amazing to me are the cost savings they won’t enact:
How about not renting trailers at $5000-$8000 each, and having teachers share rooms! What other business would intentionally leave 15-20% of the building empty for the convenience of people, then cut their pay? What workers would want that? I’m a teacher, and let’s face it, it’s a convenience, not a necessity. How about the Board of Ed in Gwinnett, plus the Super plus some assistants going to Denver to look at stuff? I’m guessing that was at least $25,000.
It’s only going to get worse, as education is dependent on property taxes. Lots of vacant homes around here…
Perturbed
October 12th, 2009
9:12 pm
PS – Murphy edited the story, she originally posted that we won.
EducationCEO
October 13th, 2009
2:00 am
If there was a teacher’s union (not association), this would not be an issue. Why is it that once you sign a contract, you have to either be on your deathbed or on your way to prison in order to be released? Yet now the districts that have irresponsibly spent funds want to cut days from teachers, the contracts have not been changed? The education system in Georgia is anti-teacher…no matter the situation, they never win. It’s time for some new leadership, that is in touch with today’s issues-not those of 20, 30, and 40 years ago, as most superintendents, local, and state board members are.
Been There. . . Done, well. . . just done!
October 13th, 2009
2:17 am
Ms. Crabtree, you’ve nailed the bull’s eye with both arrows! “Smilin’ Sonny” – my nickname for the pol – looks sincere & has the “golly-gee” persona memorized on his political face! If he REALLY valued education like he says he did on the campaign trails for both elections, then education wouldn’t be taking the hits other, relatively-unimportant, less-vital-to-future-generations agencies should be taking! For championing the Hope Scholarship & associated programs, has any other recent GA Governor REALLY made a lasting, positive impact like Zell Miller?! I wasn’t a fan of Barnes at all, but Perdue undoing anything enacted by Roy Barnes – as Ms. Crabtree noted – is nothing BUT politics! I’m glad the man will NOT be able to lord over funds, smile, & “dis” education anymore after this term mercifully ends! Barnes had said some awful things to & about Georgia teachers in the past, so if he is elected again, I’ll nervously wait to see what his approach would be.
Been There. . . Done, well. . . just done!
October 13th, 2009
2:28 am
To ‘Perturbed’, your dig at the Gwinnett Board of Ed. about their Denver trip reminds me of the Gwinnett County Commission (I haven’t lived there in years – “my bad” if I’ve got the name wrong) and their “business trip” to New York in the mid-1980s that ran up a $20,000+ total tab (I may be underestimating badly – I don’t remember the final price tag, but it was outrageously high, even if it’s held up against current totals). And yes, it certainly appears the large step increases for master’s and leadership degrees would be next on the political chopping block. I realize the term “union” is considered a five-letter curse word where some are concerned in the Southeast, but SOMETHING has to be done to push back HARD to regain some ground from politicians & school boards alike. While the teacher’s associations have helped, not having the “u” word seems to have the appearance of not enough of that political power. Could teachers and/or their dependants/supporters form “volunteer” political action “groups” (yes, I’m choosing my words carefully here for their benefit) to fill the power vacuum on the side of the rank-and-file?!
Jeremy
October 15th, 2009
12:53 pm
I agree that National Board Certification is meaningless. We do not need to fund raises for these teachers. At my child’s school the test scores prove it. The students of the US HIstory teacher with National Board Certification continually make lower scores on the End-of- Course-Test; than classes of 3rd year teachers without that certification.
Maureen Downey
October 15th, 2009
12:58 pm
Jeremy, The unknown for me is whether that National Board teacher was given the harder-to-teach kids by virtue of the certification.
Maureen
Jeremy
October 15th, 2009
3:02 pm
Maureen, I don’t know about that, but I do know this teacher also teaches AP US History and these students pass (I think they call that meets) and few if any Exceed. That implies they are getting the material on their own.
Busted and disgusted
November 2nd, 2009
1:12 pm
I don’t feel that National Board Certified teachers should be fought for anymore than the teachers who don’t hold that certification. As was mentioned here, why should they be exempt from the economic crisis we ALL are in currently? If one group can be exempt, then NO teachers should have been furloughed. After all, teachers sign a contract with a set salary and for there to be a cut AFTER the contracts were signed should be illegal. So, if contracts were not honored, why should a 10% pay increase be honored because a group of people payed the $2500 fee and recorded some video footage of their lessons? I know PLENTY of non-nationally board certified teachers who are excellent teachers and I also know some Nationally board certified teachers who are very ineffective and I wouldn’t place anyone in their classes. If National Board Certification was something ongoing, where the teachers had to constantly prove their ability, then I could see it but that is not the case. Once they have submitted their application and documents, they are done for a number of years until it’s time to renew. What they do in the meantime may or may not be great teaching so I don’t feel that they are any better or better equipped than anyone else.
Tired Teacher
November 8th, 2009
10:37 pm
Wow!! This is why we are at the bottom of the list. I can’t believe that people don’t get this. If you were a doctor and you were certified in a practice, nobody would question anything. Nor would they retract the monies that you earned. You are absolutely right about NBCT teachers not having to prove anything but neither do doctors or lawyers that are certified. Why are not ever considered professionals??