Are Contracts and Regulations Really a Barrier to Change?

In this article in Education Next, Frederick Hess (American Enterprise Institute) and Whitney Downs (a student at George Washington University Law School) contend that school leaders “have more freedom to transform, reimagine, and invigorate teaching, learning and schooling than is widely believed.” Too many believe that statutes, rules, regulations, and contracts tie principals’ hands and make change impossible – a “culture of can’t.” 

For example, it’s widely believed that dismissing a teacher for classroom incompetence is virtually impossible. But Perry Zirkel of Lehigh University disagrees; he’s found that districts have prevailed in a surprising number of cases. And Hank Levin of Columbia Teachers College says that when California districts were allowed to apply for waivers from state and federal regulations they considered burdensome, fewer than 100 waivers were submitted and most proved to be unnecessary. 

“Collective bargaining agreements and intrusive policies can present real headaches,” say Hess and Downs, “but these are made far worse by the self-defeating mentality adopted by so many superintendents, school boards, and principals. Learned helplessness has become embedded in the field of educational leadership.” Too many leaders use these as an excuse for not making necessary changes. 

Hess and Downs have three suggestions for breaking out of this self-defeating mindset and getting things done:

• Read contracts carefully. For example, when Newark, NJ superintendent Cami Anderson was an area superintendent in the New York City schools, she found that the contract had few restrictions on the supervision of guidance counselors and social workers. “We had more latitude, not less, when it came to these individuals,” she says. “This piece was key when you’re working with kids in jail and kids who’ve dropped out. Outcomes like attendance and retention started going up.”

• Change the mindset of district lawyers. They often have a play-it-safe, risk-avoidance, compliance mentality. “All it takes is a different viewpoint,” say Hess and Downs. “The goal is not to make sure there is no legal risk, which is impossible in a district undertaking serious reform. The goal is to increase student achievement.” It can also be a good idea to pull in outside legal talent on a pro bono basis.

• Engage outside partners. Business and civic leaders can be helpful in providing resources and energy. “Philanthropy can also build local enthusiasm, inspire other funders, and garner national interest, attracting additional talent and support, and getting the flywheel spinning,” say Hess and Downs.

The key, they conclude, is not recruiting an army of new school leaders but unshackling current leaders from a defeatist mindset. “Until and unless would-be reformers get serious on this count, they’ll keep battling to change laws that don’t need to be changed – or fighting for changes that will go unexploited.” 

“Combating the ‘Culture of Can’t’: School Leaders Have More Power Than They Think” by Federick Hess and Whitney Downs in Education Next, Spring 2013 (Vol. 13, #2, p. 30-35), http://educationnext.org/combating-the-culture-of-cant/

From the Marshall Memo #478