Regents differ on teacher evaluations

Education officials in charge of a controversial new statewide system of teacher evaluations differed Wednesday on whether they can legally block the public release of teachers' names, with several saying it may be impossible.

State Regents, including their chancellor, acknowledged that the release of individuals' evaluations, scheduled for June, is a potentially explosive issue. Most of those interviewed cited legal and political reasons why they may be required to make public the teachers' names and ratings, even if many are inaccurate.

A statewide union, New York State United Teachers, has vowed a fresh lawsuit if the Regents and Education Department decide to go in that direction. State courts already rejected an attempt by New York City's teacher union to suppress publication of about 18,000 teachers' names and similar ratings there. That information was posted last week on several news websites.

Before that release, city school officials said the statistical margin of error for ratings based on students' improvement on state English tests averaged 53 percentile points. Simply put, that meant that teachers officially ranked in the middle of the pack among colleagues might actually merit placement ranging anywhere from the top quarter to the bottom quarter.

Merryl Tisch of Manhattan, head of the Regents board, voiced doubt Wednesday that the state can legally block new statewide ratings initially covering about 52,000 teachers by amending the Freedom of Information Law. The statute was the legal basis of last week's release.

"I don't think you can legally do that, legally create an exception," said Tisch, though she added that the question is complex.

Another Regent, Harry Phillips III of Hartsdale in Westchester County, agreed. "I think the Freedom of Information Law is a tough one to beat," he said.

Roger Tilles of Great Neck, who represents Long Island on the Regents board, noted the news media probably would demand release as well of the upcoming ratings for teachers in grades 4-8 statewide, which are due on June 15. Tilles added that he regards release as a form of public "finger-pointing" and fears it could produce "tremendous logistics problems."

Regent Betty Rosa of the Bronx, a former school superintendent there, contended that a way still could be found to block release of evaluations. "Without a doubt, absolutely, positively, I believe these are matters that should be handled professionally, and not in a public space," she said.

James Tallon, a former Assembly majority leader from Binghamton who represents that region on the Regents board, suggested that release might be postponed for two or three years. "These evaluation systems can develop sophistication -- takes a little time," said Tallon, who now heads a think tank dealing with health care. He cited improvements in evaluations of surgeons, initially criticized when first published in the 1980s.

Statewide ratings will be based on student growth on state English and math tests and will place teachers in four categories ranging from "ineffective" to "highly effective." State and union officials have agreed on a broad outline of the new evaluation system. The Regents and Education Commissioner John King Jr., who reports to the board, will be in charge of the system.

Some local school administrators warned that, if the new ratings are made public, many parents could demand that their children be removed from classes taught by any but top-rated teachers.

"I think it's despicable," said Lucille McKee, president of Shoreham-Wading River's teacher union.

McKee, who attended a public forum Tuesday where Tilles spoke about the evaluation issue, added, "Who's going to want a teacher who's rated ineffective, when you do not know what the reasons are?"