union power

Gutting Wisconsin teachers unions hurt students, study finds

PHOTO: Creative Commons / Michael Vadon
Wisconsin Gov. Scott Walker in 2015.

The high-profile fight to limit union power was replete with drama — including a recall election and state legislators fleeing to neighboring states.

In the 2011 battle in Wisconsin, Republican Gov. Scott Walker ultimately came out the victor. The controversial law passed, Walker won the recall, and the Democratic-aligned unions have lost much of their power.

But new research points to other losers in the fight: students in the state’s already struggling schools.

The first study to assess how Wisconsin’s high-profile weakening of unions, particularly teachers unions, affected students finds that it led to a substantial decline in test scores.

The findings come as the U.S. Supreme Court is set to hear arguments for a case, known as Janus, that could dramatically scale back union power across the country — essentially taking aspects of the Wisconsin model national. And they give credence to concerns from unions and their defenders that weakening teachers bargaining power would ultimately make schools worse, not better.

A report from the left-leaning Center for American Progress released Wednesday highlights this research — and the fact that teacher pay and average experience declined in the wake of the law, known as Act 10 — to argue that weakening unions ultimately harm schools.

“Those concerned about the quality of public education — and of all public services — should understand that Wisconsin’s Act 10 and associated budget cuts have not had the positive impact on education that its proponents claimed it would,” the CAP report argues.

Still, the research, which has not been formally peer-reviewed, only assesses the short-term impact of Wisconsin’s law. It adds to a complicated set of research findings on unions that doesn’t render a clear verdict.

Short-term effect in Wisconsin is negative, especially for low-achieving schools

The new research looks at the effects of Wisconsin Act 10, which became law in 2011 and severely limited the scope of collective bargaining and allowed members to opt of unions.

The paper’s author, Jason Baron, took advantage of what was essentially a natural experiment set up by the law. Act 10 did not affect all school districts at once — a handful of school districts were allowed to maintain union rules until their existing contract expired up to two years later. That helped isolate the immediate impact of the law.

Baron found that weakening unions led to declines in test scores, particularly in math and science. The effects were fairly large, comparable to sharply increasing class sizes. And the harm was not evenly distributed: Schools that started out furthest behind were hurt the most, while higher achieving schools saw no impact.

Other research may help explain why.

The law led to big cuts in teacher compensation, particularly for veteran teachers and especially in health insurance and retirement benefits, according to one paper. There was also a spike in teacher retirement immediately following the law’s passage.

As compensation drops, it may become harder for district and teachers to recruit and keep teachers. An increase in retirement also reduces teacher experience, which has been linked to effectiveness.

Another study found that some Wisconsin districts moved from a single salary schedule to a performance-based pay system after Act 10’s passage. Those performance pay systems were more likely to be adopted by higher-achieving districts, potentially allowing them to lure effective teachers away from struggling schools.

“Following Act 10, high-performing schools filled vacancies from teacher retirements by poaching high-quality teachers from low-performing schools through attractive compensation schemes,” the paper concludes. So while those retirements might have hit all districts equally, high-performing districts were better able to make up the difference — at the expense of low-performing schools.

There is one study that complicates the narrative in Wisconsin. As retirements spiked, it found that academic achievement actually increased in the grades that teachers left. It’s not clear what explains this.

The larger question of how teachers unions affect learning remains up for debate

A number of other recent studies have examined the relationship between teachers unions and student outcomes outside of Wisconsin. The results aren’t consistent, but the trend has been more positive for unions of late. A caveat: Some of these studies have not been published in peer-reviewed academic journals.

  • On recent efforts to weaken unions: Research in Tennessee found that it led to a drop in teacher pay, but had no effect on student test scores. But a study of four states, including Wisconsin, that recently weakened unions found evidence of reduced teacher quality as a result.
  • On what happens when charter schools unionize: Two studies in California came to differing conclusions. One found that when charters unionize, student test scores go up, but the other showed no impact.
  • On the initial rise of collective bargaining: Another paper finds that students who went to schools where districts negotiated with unions earned less money and were more likely to be unemployed as adults. But this study looks at a fairly old data set — examining those who attended schools between 1965 and 1992.

Meanwhile, it’s not clear if any of this research is likely to influence the Supreme Court, as it considers the Janus case that could make life more difficult for unions. Last month, Chief Justice John Roberts called empirical studies on political gerrymandering “sociological gobbledygook.”

new rules

Now that TNReady scores will count less for students, will they even try?

PHOTO: Nicholas Garcia

In the face of a statewide testing debacle, the Tennessee legislature’s hasty edict this week to discount test results has mollified some teachers and parents, but raised more questions about the role of test scores and further eroded the motivation of students, who must labor for about two more weeks on the much-maligned TNReady test.

Thursday’s sweeping measure to allow districts to ignore test results when grading students and to prohibit the use of test scores when determining teacher compensation has left educators and students shrugging their shoulders.

“I’ve gone from ‘oh well, tests are just a part of life’ to ‘this is an egregious waste of time and resources and does not respect the developmental needs of our children,’” said Shelby County parent Tracy O’Connor. For her four children, the testing chaos has “given them the idea that their school system is not particularly competent and the whole thing is a big joke.”

Her son, Alex O’Connor, was even more succinct. “We spend $30 million on tests that don’t work, but we can’t get new textbooks every year?” said the 10th-grader at Central High School. “What’s up with that? I’m sure half of us here could design a better test. It’s like buying a used car for the price of a Lamborghini.”

The legislature’s decision created a new challenge for Tennessee’s Department of Education, which planned to use 2018 TNReady testing data to rate and identify the lowest-performing schools, as required by the federal government. Now, with the test’s reliability under question, state officials say they are determining “additional guidance” to provide districts on how the state will comply with the U.S. Department of Education.

Student test results still will be used to generate a score for each teacher in the Tennessee Value-Added Assessment System, known as TVAAS. Scores will count for 20 percent of teachers’ evaluations, though districts now cannot use the scores for any decisions related to hiring, firing, or compensating teachers.

For students, local school boards will determine how much TNReady scores will count toward final grades — but only up to 15 percent. Several school districts have already expressed serious reservations about the testing data and likely won’t use them in students grades at all. And in previous years, the results didn’t come back in time for districts to incorporate them anyway.

In sum, asked Memphis sophomore Lou Davis, “Why are we doing this anymore when know it won’t count?”

About 650,000 students are supposed to take TNReady this year, with 300,000 of them testing online, according to the state. Each student takes multiple tests. As of Friday, more than  500,000 online tests sessions had been completed.

Even as testing continues, some education leaders worry the exam’s credibility is likely to sink even further, because students might not try, and parents and teachers may not encourage much effort.

“In the immediate term, there’s concern about how seriously people will take the test if they know it’s not going to count,” said Gini Pupo-Walker, head of the Tennessee Educational Equity Coalition and a member of the state’s testing task force. “Will students continue to take the test? Will kids show up? Will parents send their kids to school?” she asked. “Now, there’s the whole question of validity.”

Sara Gast, spokeswoman for the Department of Education, said while the new legislation provides more flexibility for districts in how they use TNReady results, it doesn’t mean that the results don’t matter.

“The results always matter. They provide key feedback on how students are growing and what they are learning, and they provide a big-picture check on how well they are mastering our state academic expectations,” Gast said. “It serves as accountability for the millions of taxpayer dollars that are invested into public education each year.”

Jessica Fogarty, a Tullahoma school board member and parent, says she thinks this year’s testing issues could lead to more parents telling their kids to refuse state tests in the future.

A proponent of opting out of state tests, Fogarty said, “We need to understand that we can choose what our children do or do not suffer through. I hope this debacle showed parents what a waste of time this is — students would gain more through reading a book.”

Because Tennessee has no official opt-out policy, students wanting to opt out must “refuse the test” when their teacher hands it to them.

Jessica Proseus, a parent of a student at Bartlett High School, said her daughter has opted out of state testing in the past, but started taking the exams this year because she believed it could affect her final grades.

“With college looming in a couple years, she couldn’t afford to get zeroes on her report cards,” Proseus said. But with the test debacle, her daughter might change her mind and just skip the remaining two weeks of testing.

“I even took the online practice TNReady a few years ago and it was terribly confusing to navigate,” Proseus said. “The testing in Tennessee is not transparent — it is almost like it is set up to trick and fail children — and that’s very cruel for a young child to deal with.”

Chalkbeat explains

Four reasons Tennessee likely won’t go back to paper testing

As another wave of problems with online testing plague Tennessee schools, one of the solutions proposed by state legislators — go back to paper exams — is a stretch for a state that has invested millions into electronic exams.

In short, reverting to pencil-and-paper tests would be akin to ordering iPhone users to go back to flip phones. It almost certainly won’t happen.

Two Memphis-area state lawmakers want to ban the online version of TNReady starting next school year until the state comptroller determines its problems are “fully and completely fixed.” And other lawmakers suggest districts should be able to choose between paper and electronic testing..

(Other amendments that would ensure this year’s test results wouldn’t count against teachers, students, or schools passed Thursday.)

The list of problems has grown since the first day of testing Monday, affecting about two dozen districts, including the four largest ones in Tennessee. The meltdown follows the monumental online failure in 2016 when a server crash prompted Education Commissioner Candice McQueen to cancel most of state testing that year.

Here are four reasons why it’s unlikely Tennessee won’t go back to paper testing despite current overwhelming frustrations:

Superintendents think they’ve gone too far to turn back now. Maryville Director of Schools Mike Winstead cautioned against rash decisions in the heat of the moment.

“When things like this happen, it’s easy to overreact,” he told Chalkbeat. “But we’ve come too far. We know that online testing is the future. If we turn back, it will take a long time to get back to where we were.”

And school systems and counties have poured millions into infrastructure and devices, said Dale Lynch, the executive director of the Tennessee Organization of School Superintendents.

“We don’t want to back up. We want to get it right, though,” he said.

Paper is more time consuming. With online testing, McQueen said Wednesday, “we can get test materials [and scores] back or to folks much quicker.”

Preparing paper tests requires hours of sorting and labeling exams. And if the materials arrive late, like they did for several districts this month because of severe weather at Questar’s printing center in the Northeast, the time crunch is especially stressful.

Granted, a top-notch online system that protects against cheating and hacking could be more expensive than a paper version, said Wayne Camara, the research chair at ACT who has long overseen test security.

“The issue of cost is relative.” he said. Multiple versions of computer tests are necessary to help safeguard against cheating, especially via social media.

“If you’ve having to produce 10 or 15 forms of a computer test, most likely it’s not cheaper.”

If Tennessee switches back to paper testing, it will be one of few states nationwide. A recent analysis by John Hopkins School of Education listed 11 states that were still using paper tests in 2016 for elementary students. For middle schools, it was nine states.

Nearly across the board, those states with no experience with online testing did worse in national online testing.


Read more about Tennessee’s most recent performance on “the nation’s report card.”


There’s security issues with paper too. The alleged cyber attack on Questar’s data center Tuesday spraked a statewide outcry, but switching back to paper won’t eliminate security issues.

“Both digital- and paper-based testing are certainly susceptible to cheating,” said Camara, the testing cybersecurity expert. “I don’t think anybody would say that there’s a significant reduction of security measures or cheating with computers, it’s just different.”

One of the largest state test cheating scandals happened in Atlanta with paper tests when principals and teachers changed student answers. That’s much harder to do online.

Jacinthia Jones and Marta W. Aldrich contributed to this story.