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Why Are the Teachers in Los Angeles Striking? 8 Ways Negotiations With the District Derailed Over the Holidays

Teachers and supporters of public education march against education funding cuts during the March for Public Education in Los Angeles Dec. 15, 2018. (Ronen Tivony/NurPhoto via Getty Images)

This is one in a series of articles detailing the recent negotiations between the Los Angeles Unified School District and its teachers. Other recent headlines about why we now seem headed toward America鈥檚 largest teacher strike in a generation:

鈥擝ehind the Looming L.A. Teacher Strike, Crippling Long-Term Debt That鈥檚 Left the City Little Room to Negotiate 鈥 and May Ultimately Doom the District to State Takeover

鈥擫.A. Teachers Are Borrowing the #RedForEd Hashtag and Talking Points, but Here鈥檚 How Their 2019 Strike Would Differ From 2018鈥檚 Red State Walkouts

鈥斺楶arents Zero, Students Zero鈥 鈥 L.A. Teacher Strike a No-Win Situation, Say Families of the District鈥檚 Most Vulnerable Students

鈥擜s Los Angeles Braces for Its First Teacher Strike in a Generation, Some Echoes Resonate From 1989

鈥擵eering Toward a Teachers Strike in Los Angeles as Union Rejects Sweetened Offer From School District

Even as the Los Angeles Unified School District and United Teachers Los Angeles continued negotiations on Friday, the city was preparing for a possible teacher strike come Monday morning. It would be the country鈥檚 largest strike in decades, and the first in Los Angeles in a generation.

A recap of how we got here, and eight big developments that happened over the holiday break that brought UTLA several steps closer to striking:

1 Following a December breakdown, UTLA agreed to return to the bargaining table last Monday

The two sides agreed after the new year to resume negotiations on Jan. 7. Prior to the meeting, UTLA said in a press release that it was willing to return to the bargaining table 鈥渋f the district has a legitimate and clear offer for us to consider.鈥 But UTLA President Alex Caputo-Pearl told KPCC on Jan. 3 that in order to make any progress, the district has to 鈥渟tart with proposals that indicate a basic willingness to stand up for district students, the district itself, and district educators.鈥

“We know that there鈥檚 going to be a compromise at the end of the day, but big-ticket items鈥 like class size, staffing, and limiting standardized testing 鈥渁re pretty foundational, along with charter accountability,鈥 Caputo-Pearl said. (The union has since its standardized-testing demand.)

Last Monday鈥檚 talks ended with no agreement, with the district saying UTLA had rejected a sweetened offer that added $75 million to invest a total of $105 million to help reduce class size and add nearly 1,000 more teachers, counselors, nurses, and librarians. The district Thursday that it was revising its contract offer again in anticipation of talks Friday afternoon.

As of midday Friday local time, talks were continuing.

2 Both sides in December disputed the facts 鈥 and whether there was a new offer

In December, a neutral state-appointed mediator released a non-binding 鈥 the last step in the labor negotiations process before the union could legally strike.

The three members on the panel agreed that the union should accept the district鈥檚 6 percent salary raise proposal: 3 percent retroactive for 2017-18 and 3 percent for 2018-19. The report supported some of the union鈥檚 demands, including designating more funding to lower class sizes and to hire more nurses, counselors, and librarians.

But the union鈥檚 leadership claimed UTLA had not agreed to a 6 percent raise. UTLA then a Jan. 10 strike date on Dec. 19 鈥 the day after the report鈥檚 public release. (The date was later shifted back to Jan. 14.)

LAUSD Superintendent Austin Beutner told KPCC last week that L.A. Unified had fruitlessly approached UTLA with an updated offer in late December. That updated offer, he noted, reflected numerous recommendations from the fact-finding report. For example, it dropped provisions such as making the 6 percent raise contingent on the addition of professional development hours for teachers. The district made other contract changes, .

鈥淲e all want the same set of things,鈥 Beutner said. 鈥淭he challenge is how do we do it with the resources we have.鈥

UTLA interpreted the exchange differently. It that it 鈥渋sn鈥檛 refusing to bargain,鈥 but rather didn鈥檛 believe that what L.A. Unified sent 鈥 a chart in an email 鈥 constituted a formal contract offer. The union later the 鈥渟o-called offer.鈥 It 鈥渨as an unorthodox way to make a proposal,鈥 Caputo-Pearl told KPCC.

3 L.A. Unified attempted a legal complaint to protect special needs students if there is a strike

L.A. Unified announced Jan. 3 it was pursuing a legal complaint to block UTLA members 鈥渨ho provid[e] educational services to LAUSD special education students鈥 from striking, citing harm to those students and conflicts with mandates that protect special needs children.

There are more than 60,000 special education students in L.A. Unified who could 鈥渟uffer irreparable harm through the deprivation of services鈥 during a work stoppage, the court filing to a federal judge read. Children with unidentified disabilities would also 鈥渂e delayed in being identified as eligible and be deprived of services and, in some instances, students with serious disabilities will be placed in extreme danger of injury.鈥

Special education students are protected by federal and state special education laws. L.A. Unified鈥檚 special education services have also been monitored by a federal judge since 1996 and since 2003 under a .

The district鈥檚 was a request to a federal judge to move forward with a formal complaint. The judge the following day, writing that the court 鈥渃annot act on mere speculation that if the strike occurs [LAUSD] will fail to meet鈥 requirements under the decree.

The union the court filing as 鈥渁 Hail Mary pass鈥 that鈥檚 鈥渦sing our most vulnerable students as pawns.鈥

鈥淕oing to federal court is a transparent attempt by LAUSD to bring the UTLA/LAUSD labor dispute into an arena where it doesn鈥檛 belong,鈥 UTLA wrote. 鈥淭he fact that he [Beutner] is now singling out special education teachers shows how valuable they are to our most vulnerable students. We hope Beutner sees the error in this strategy and brings real proposals to support these teachers and students to our meeting with LAUSD on Monday.鈥

4 L.A. Unified has hired hundreds of substitute teachers in preparation for a strike

The L.A. Daily News on Dec. 28 that L.A. Unified has hired about 400 substitute teachers who would fill in during the work stoppage.

鈥淲e have a duty to provide an education to our students, and we will take appropriate measures to do so,鈥 L.A. Unified officials .

When asked by LA School Report if any more substitutes would be hired, a district spokeswoman responded, 鈥淲e anticipate having 400 substitutes available [during the strike].鈥 The spokeswoman confirmed that these substitutes are not part of the district鈥檚 estimated 2,000 credentialed, non-teaching staff, but she had no other information on how these substitutes would be dispersed across the district.

UTLA earlier this month, claiming that it鈥檚 鈥渋rresponsible to think that 400 substitutes can educate more than 600,000 students.鈥 It added that the union believes 鈥渋t is illegal for the district to hire people outside our bargaining unit to teach in LAUSD classrooms.鈥

There are more than 2,000 substitute teachers who are part of UTLA, according to union officials. The district would not confirm if any of the substitute hires are affiliated with the union.

5 UTLA President Alex Caputo-Pearl held a news conference to call for a cap on charter schools

Two days after announcing a January strike date, Caputo-Pearl called for in L.A. Unified.

There are independent charter schools in L.A. Unified serving about 110,000 students. In 2010, there were students enrolled, according to district data. The union has repeatedly rebuked charters for luring students 鈥 and, therefore, 鈥 away from traditional public schools.

The call for a cap is not part of the formal union contract negotiations, but Caputo-Pearl said he is bringing it up because 鈥渋t鈥檚 out there in the conversation right now.鈥 UTLA鈥檚 , however, calls for union involvement in the co-locations process, which is when charter schools are allotted unused classroom space on traditional school campuses under state law.

The district has denounced notions that education reform 鈥 like charter school growth 鈥 is a ploy to privatize and dismantle the public school system. 鈥淎t no time has the Board of Education or Superintendent mentioned any support for 鈥榩rivatization,鈥欌 reads.

6 L.A. Unified released its , showing massive debt liabilities

One indication of a school district鈥檚 鈥 or any company鈥檚 or entity鈥檚 鈥 financial health is its unrestricted net position. For L.A. Unified, it鈥檚 deep in the red: The report revealed that the district has an unrestricted net deficit of $19.6 billion.

Reason Foundation education policy analyst Aaron Garth Smith explained it like this:

鈥淭he unrestricted net deficit reflects obligations that a district must pay out in future years using future district revenue, particularly as it relates to and pension obligations for retirement plans. Unless a district sells some of its assets (e.g. buildings) the resources to pay this debt will be paid out of its operating budget that鈥檚 used for things such as teacher salaries and supplies. So, the greater the unrestricted net deficit the more dollars that will need to be diverted from classrooms and other operating expenditures in the future.鈥

: It would take a $4,180 payment from every man, woman, and child in the district to relieve L.A. Unified of its liabilities.

Though the state of California 鈥渋s required to maintain the financial soundness of public school districts,鈥 a $20 billion loan to L.A. Unified would 鈥渂e tough to make,鈥 . The state is anticipating a budget surplus for the 2019-20 year and reportedly has in reserves.

Although unrestricted net deficits haven鈥檛 been a central talking point during negotiations, the financial stability of L.A. Unified lies at the heart of the contract dispute. On one hand, the county has called L.A. Unified鈥檚 finances 鈥,鈥 projecting its reserves to drop from next fall to $70.8 million in 2020-21. The union, conversely, claims L.A. Unified is hoarding money 鈥 鈥渞ecord-breaking鈥 reserves nearing $2 billion 鈥 while balloon.

7 The Los Angeles Times and Los Angeles Daily News鈥檚 editorial boards spoke out against the strike. So did Obama鈥檚 former education secretary Arne Duncan

A teacher strike 鈥渟hould be avoided if it is at all possible,鈥 the Los Angeles Times鈥檚 editorial board . 鈥淭he district has nothing to gain from a strike; parents fear it, and a walkout of even a couple of weeks could be devastating to students.鈥

The L.A. Daily News鈥檚 editorial board on Dec. 31 , adding that 鈥渋t鈥檚 not clear what a strike would accomplish beyond showing that the union is willing to disrupt the education of Los Angeles students.鈥 It also said UTLA is downplaying 鈥渢he fiscal realities of the district and instead argu[ing] for limits on charter schools and tax increases.鈥

Arne Duncan, former secretary of education under President Barack Obama, addressed the potential strike in Los Angeles in a for The Hill while calling on California鈥檚 Democratic state leaders 鈥 like incoming governor Gavin Newsom 鈥 to lead on education and increase school funding. Sacramento provides 90 percent of districts鈥 funding.

鈥淟os Angeles Unified has a budget crisis鈥 and a strike will have a deep impact on Los Angeles鈥檚 most vulnerable students, he wrote. 鈥淥nly the Democratic majority in California鈥檚 capital can truly solve the financial issues. 鈥 When adults fight, it鈥檚 kids that lose.鈥

8 Another California district, Oakland Unified, is getting closer to striking too

A strike might not be isolated to only the state鈥檚 largest school district. The Oakland Unified School District as of late December is in the fact-finding phase after unsuccessful mediation between the district and the Oakland Education Association, . Oakland鈥檚 teachers union is much smaller than L.A. Unified, representing some 2,300 teachers. Teachers there are for a salary increase and sizable cuts to class sizes.

Educators in Oakland and elsewhere have been 鈥渋nspired鈥 by UTLA鈥檚 teacher demonstrations, . More than 200 teachers from a dozen local unions congregated in north Oakland on Dec. 15 鈥 the same day UTLA held its 鈥 to support Los Angeles educators and strategize for more state education funding.

A rally for Jan. 12 in Oakland.

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