PBS高端访谈:9个学生的诉讼能否扳倒老师?

 　　MEGAN THOMPSON: Sisters Beatriz and Elizabeth Vergara attend public high school in a low-income, mostly Hispanic section of northern Los Angeles. The girls are aiming for college, and would be the first in the family with higher degrees.

　　But the Vergara sisters say that in middle school, they faced obstacles in pursuing their education – chaotic¹ classrooms and little to no instruction. Elizabeth, now a junior, and Beatriz, a sophomore², say back in 7th grade, they both had a particularly bad history teacher.

　　ELIZABETH VERGARA: He would just be at his desk. Like, just using his computer or sleeping. And students were just using their magazines and he wouldn’t care. They would be throwing food or, like, stuff. And I didn’t even learn anything. Like, I was getting behind.

　　BEATRIZ VERGARA: And he would let students smoke marijuana -

　　MEGAN THOMPSON: They were smoking marijuana in class?

　　BEATRIZ VERGARA: Yeah. I know, it’s hard to believe.

　　MEGAN THOMPSON: Beatriz also says a science teacher was offensive.

　　BEATRIZ VERGARA: She would call this girl “whore,” and, like, “Slut, go over there. Stop flirting³.” And then, yeah, it was horrible.

　　MEGAN THOMPSON: What went through your mind when you heard that?

　　BEATRIZ VERGARA: I don’t know, it wasn’t right. A teacher should not offend you. I was scared to ask questions ’cause I didn’t want her to, like, I didn’t want her to offend me.

　　ALICIA MARTINEZ (Spanish): They were really being traumatized by these teachers.

　　MEGAN THOMPSON: Beatriz and Elizabeth’s mother Alicia Martinez, who emigrated from Mexico, says she complained to a school administrator⁵ about the two teachers – and two others. But, she says, nothing happened.

　　ALICIA MARTINEZ (Spanish): He didn’t do anything to address the situation. They didn’t take me seriously.

　　Courtroom sound: You do solemnly state that the testimony⁶ you may give…

　　MEGAN THOMPSON: So in 2012 Martinez volunteered her daughters to join a lawsuit⁷ against the state and the teachers unions that went to trial in January.

　　ELIZABETH VERGARA IN COURT: I just felt that I was wasting my time, not learning anything.

　　MEGAN THOMPSON: The nine student plaintiffs in the case – known as Vergara v. California - are challenging two main areas of state law: permanent employment and dismissal statutes⁹ the plaintiffs say make it difficult to get rid of bad teachers, and the seniority-based layoff¹⁰ system, which they say makes it hard to keep good, less-senior teachers during difficult times.

　　BRANDON: There were certain teachers that you knew, if you got stuck in their class, you wouldn’t learn a thing.

　　KATE: Instead of learning our subject, we sat in class coloring and watching YouTube videos.

　　MEGAN THOMPSON: The plaintiffs say the laws deny students their right to a quality education, guaranteed by the California constitution, and affect poor and minority students more. If successful, experts say the legal strategy could be used to challenge education laws in other states.

　　DAVID WELCH: Our education system delivers a constitutional right so there’s a certain responsibility of our society to deliver.

　　MEGAN THOMPSON: David Welch is a wealthy Silicon¹¹ Valley entrepreneur who founded and largely finances Students Matter – an education-reform group that spearheaded the lawsuit. As of 2012, Welch had donated or loaned nearly two million dollars to the group, which is footing the bill for a high-powered legal team that includes Ted⁴ Olson, former Solicitor¹² General of the United States. Welch has a Ph.D. in electrical engineering and went to public schools for most of his education.

　　DAVID WELCH: It’s because of these teachers that I’ve been able to have a successful career as an engineer and entrepreneur.

　　MEGAN THOMPSON: Welch also has three young kids and has supported other education and environmental causes over the years.

　　MEGAN THOMPSON: What motivated you?

　　DAVID WELCH: I’m a– I’m a father, I’m an employer. And when I look at the system, I realize the system actually inhibits¹³ one of the most important things that are for an education– for a child and that’s access, the uniform access, for every child to have a passionate¹⁴ and effective teacher.

　　MEGAN THOMPSON: Some of your critics have said, “You know what? This isn’t a grassroots movement. The kids were–recruited– and– maybe they’re just being used for the personal mission of a wealthy businessman.” What do you say to that?

　　DAVID WELCH: When you sat there and you watch the children get on stand, there’s no one that put them up to that other than themselves.

　　RAYLENE IN COURT: It made me not want to try, or show up to school

　　MEGAN THOMPSON: One law Welch is fighting is the statute⁸ that governs teacher layoffs¹⁵. California is one of ten states that requires seniority be considered to determine who stays, and who goes during budget cuts. John Deasy is the superintendent¹⁶ of the L.A. Unified¹⁷ School District, and he testified against the so-called “Last-In, First-Out” law.

　　JOHN DEASY: I couldn’t think of a more destructive statute for students, staff, in a system. We have had to lay off very effective teachers in the same school that we are documenting a teacher for dismissal.

　　Their contributions to the school, their relationships with students, how they’re supporting and helping¹⁸ parents, none of the factors other than the hiring date is used. Now is seniority– an important contribution? I would argue it is. It shouldn’t be the only and sole factor however.

　　MEGAN THOMPSON: The Vergara lawsuit also challenges laws governing teacher tenure¹⁹. California’s two-year probationary²¹ period for new teachers is one of the shortest in the nation. After two years, most teachers get permanent employment status. Superintendent Deasy says that permanent status means the LA school district can end up spending hundreds of thousands of dollars to fire a single, underperforming teacher. A process, he says, that can take a decade.

　　JOHN DEASY: The overwhelming majority of teachers are amazing people, phenomenal people. So we’re talking’ about a small sub-set who should, and must, leave employment.

　　MEGAN THOMPSON: It came out during the trial that only about 3% of teachers who are– who were evaluated last year were below standard. So we– should we overhaul²² the system to take care of what might just be a few bad apples?

　　JOHN DEASY: When you’ve identified chronic²³ low performers you can’t exit them quick enough so the students are not being harmed. That’s that we’re talking about.

　　JOSHUA PECHTHALT: Are there teachers who shouldn’t be in the classroom? Absolutely. But to blow up the entire system– for– for evaluating and protecting teacher rights based on a couple of students’ perspective– I think really misses the boat.

　　MEGAN THOMPSON: Joshua Pechthalt is president of the California Federation²⁴ of Teachers, one of the unions fighting the lawsuit. He says the unions support efforts to streamline²⁵ the dismissal process.

　　JOSHUA PECHTHALT: I think the dismissal process could be more effective and more efficient.

　　MEGAN THOMPSON: Pechthalt says that many ineffective teachers are weeded out during the two-year probation²⁰ period. And, he says, granting permanent status to the rest encourages them to stay on the job, despite often difficult classroom conditions.

　　JOSHUA PECHTHALT: The bigger problem we have in California and I think nationally is that we can’t keep teachers in the profession. Classes are overcrowded. There aren’t enough resources. So that really is the bigger issue in public education. And that’s creating conditions that make it attractive for people to make this– a lifelong profession.

　　KELLY IWAMOTO: It’s a remainder of 2, and a divisor of 3.

　　MEGAN THOMPSON: Fourth grade teacher Kelly Iwamoto of Inglewood, CA, says she knows first-hand how precarious²⁶ her job can be. Because she doesn’t have enough seniority, she’s been laid off three times in the last three years, then brought back. Even so, she supports the seniority-based layoff system. She says it’s objective and clear.

　　KELLY IWAMOTO: It’s fair. It’s fair, and I support it.

　　MEGAN THOMPSON: Iwamoto also says she supports the other part of the law that’s being challenged – permanent status for teachers after two years. She says that provision actually helps her advocate for students, without fear of being fired.

　　KELLY IWAMOTO: Because I speak out very frequently about– resources being– brought to our district for lowering class sizes. And if I’m vocal– and someone doesn’t like what I’m saying, then I can be let go for that. And I don’t think that’s fair.

　　MEGAN THOMPSON: Iwamoto and the unions also say a teacher’s “effectiveness” is difficult to measure, and, they say, students don’t necessarily connect with every teacher. During the trial, Elizabeth Vergara testified that she learned nothing in English class and wasn’t assigned an entire book to read all year. But the teacher testified that Vergara’s reading scores actually went up.

　　TEACHER: We read and wrote every day.

　　ATTORNEY: Did your class read more than one chapter of a book for the entire school year?

　　TEACHER: Absolutely.

　　ATTORNEY: And did you ever receive any negative marks on your evaluations²⁷ or observations?

　　TEACHER: I did not.

　　MEGAN THOMPSON: The defense²⁸ also argued that many superintendents²⁹ – including Deasy himself — have successfully worked within the rules to get rid of ineffective teachers.

　　ATTORNEY: LAUSD increased the number of School Board initiated³⁰ dismissals from 10 in the 2009-2010 school year, to 99 in the 2011-2012 school year?

　　JOHN DEASY: I believe that is accurate.

　　MEGAN THOMPSON: Some people on the other side of this issue have said that, “You know what? This isn’t about the statutes, it’s about management. And if the district, or a school, is well run, they can– they can get rid of ineffective teachers.”

　　JOHN DEASY: That is not the point. The point is students’ rights to be in front of a highly effective teacher– a teacher who is not harming them every single day of the year.

　　MEGAN THOMPSON: The Vergara sisters say that’s all they want for their old middle school. As it turns out, those first two teachers they complained about are still teaching there.

　　ELIZABETH VERGARA: I think that’s horrible. ‘Cause, I mean, there’s students that actually want to learn.

　　BEATRIZ VERGARA: I want to have good teachers that motivate me. Not only me, but everyone.

　　MEGAN THOMPSON: The judge will deliver a verdict in the case in the coming weeks … any decision he makes is expected to be appealed.

1 chaotic   

adj.混沌的，一片混乱的，一团糟的

参考例句：

• Things have been getting chaotic in the office recently.最近办公室的情况越来越乱了。
• The traffic in the city was chaotic.这城市的交通糟透了。

2 sophomore   

n.大学二年级生；adj.第二年的

参考例句：

• He is in his sophomore year.他在读二年级。
• I'm a college sophomore majoring in English.我是一名英语专业的大二学生。

3 flirting   

v.调情，打情骂俏( flirt的现在分词 )

参考例句：

• Don't take her too seriously; she's only flirting with you. 别把她太当真，她只不过是在和你调情罢了。 来自《现代汉英综合大词典》
• 'she's always flirting with that new fellow Tseng!" “她还同新来厂里那个姓曾的吊膀子！ 来自子夜部分

4 ted   

vt.翻晒，撒，撒开

参考例句：

• The invaders gut ted the village.侵略者把村中财物洗劫一空。
• She often teds the corn when it's sunny.天好的时候她就翻晒玉米。

5 administrator   

n.经营管理者，行政官员

参考例句：

• The role of administrator absorbed much of Ben's energy.行政职务耗掉本很多精力。
• He has proved himself capable as administrator.他表现出管理才能。

6 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

7 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

8 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

9 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

10 layoff   

n.临时解雇，操作停止，活动停止期间，失业期

参考例句：

• Finally, prepare an explanation about what led to your layoff.最后，要准备好一套说辞来解释你被解雇的原因。
• Workers were re-employed after the layoff.在暂时解雇不久后工人们又被再度雇用了。

11 silicon   

n.硅(旧名矽)

参考例句：

• This company pioneered the use of silicon chip.这家公司开创了使用硅片的方法。
• A chip is a piece of silicon about the size of a postage stamp.芯片就是一枚邮票大小的硅片。

12 solicitor   

n.初级律师，事务律师

参考例句：

• The solicitor's advice gave me food for thought.律师的指点值得我深思。
• The solicitor moved for an adjournment of the case.律师请求将这个案件的诉讼延期。

13 inhibits   

阻止，抑制( inhibit的第三人称单数 )； 使拘束，使尴尬

参考例句：

• A small manufacturing sector inhibits growth in the economy. 制造业规模太小有碍经济增长。
• His bad English inhibits him from speaking freely. 他英语学得不好，这使他不能表达自如。

14 passionate   

adj.热情的，热烈的，激昂的，易动情的，易怒的，性情暴躁的

参考例句：

• He is said to be the most passionate man.据说他是最有激情的人。
• He is very passionate about the project.他对那个项目非常热心。

15 layoffs   

临时解雇( layoff的名词复数 )； 停工，停止活动

参考例句：

• Textile companies announced 2000 fresh layoffs last week. 各纺织公司上周宣布再次裁员两千人。
• Stock prices broke when the firm suddenly announced layoffs. 当公司突然宣布裁员时，股票价格便大跌

16 superintendent   

n.监督人，主管，总监；(英国)警务长

参考例句：

• He was soon promoted to the post of superintendent of Foreign Trade.他很快就被擢升为对外贸易总监。
• He decided to call the superintendent of the building.他决定给楼房管理员打电话。

17 unified   

(unify 的过去式和过去分词)； 统一的； 统一标准的； 一元化的

参考例句：

• The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。
• The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。

18 helping   

n.食物的一份&adj.帮助人的，辅助的

参考例句：

• The poor children regularly pony up for a second helping of my hamburger. 那些可怜的孩子们总是要求我把我的汉堡包再给他们一份。
• By doing this, they may at times be helping to restore competition. 这样一来, 他在某些时候,有助于竞争的加强。

19 tenure   

n.终身职位；任期；(土地)保有权，保有期

参考例句：

• He remained popular throughout his tenure of the office of mayor.他在担任市长的整个任期内都深得民心。
• Land tenure is a leading political issue in many parts of the world.土地的保有权在世界很多地区是主要的政治问题。

20 probation   

n.缓刑(期)，(以观后效的)察看；试用(期)

参考例句：

• The judge did not jail the young man,but put him on probation for a year.法官没有把那个年轻人关进监狱，而且将他缓刑察看一年。
• His salary was raised by 800 yuan after his probation.试用期满以后，他的工资增加了800元。

21 probationary   

试用的，缓刑的

参考例句：

• After a six-month probationary period, she was confirmed in her post. 经过六个月的试用期之后，她获准正式任该职。
• After a three-month probationary period, she was confirmed in her post. 经过三个月的试用期后，她获准正式任职。

22 overhaul   

v./n.大修，仔细检查

参考例句：

• Master Worker Wang is responsible for the overhaul of this grinder.王师傅主修这台磨床。
• It is generally appreciated that the rail network needs a complete overhaul.众所周知，铁路系统需要大检修。

23 chronic   

adj.(疾病)长期未愈的，慢性的；极坏的

参考例句：

• Famine differs from chronic malnutrition.饥荒不同于慢性营养不良。
• Chronic poisoning may lead to death from inanition.慢性中毒也可能由虚弱导致死亡。

24 federation   

n.同盟，联邦，联合，联盟，联合会

参考例句：

• It is a federation of 10 regional unions.它是由十个地方工会结合成的联合会。
• Mr.Putin was inaugurated as the President of the Russian Federation.普京正式就任俄罗斯联邦总统。

25 streamline   

vt.使成流线型；使简化；使现代化

参考例句：

• We must streamline our methods.我们必须简化方法。
• Any liquid or gas passing it will have streamline flow.任何通过它的液体或气体将呈流线型的流动。

26 precarious   

adj.不安定的，靠不住的；根据不足的

参考例句：

• Our financial situation had become precarious.我们的财务状况已变得不稳定了。
• He earned a precarious living as an artist.作为一个艺术家，他过得是朝不保夕的生活。

27 evaluations   

估价( evaluation的名词复数 )； 赋值； 估计价值； [医学]诊断

参考例句：

• In fact, our moral evaluations are merely expressions of our desires. 事实上，我们的道德评价只是我们欲望的表达形式。 来自哲学部分
• Properly speaking, however, these evaluations and insights are not within the concept of official notice. 但准确地讲，这些评估和深远见识并未包括在官方通知概念里。

28 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

29 superintendents   

警长( superintendent的名词复数 )； （大楼的）管理人； 监管人； （美国）警察局长

参考例句：

• Unlike their New York counterparts, Portland school superintendents welcomed McFarlane. 这一次，地点是在波特兰。
• But superintendents and principals have wide discretion. 但是，地方领导和校长有自由裁量权。

30 initiated   

n. 创始人 adj. 新加入的 vt. 开始，创始，启蒙，介绍加入

参考例句：

• He has not yet been thoroughly initiated into the mysteries of computers. 他对计算机的奥秘尚未入门。
• The artist initiated the girl into the art world in France. 这个艺术家介绍这个女孩加入巴黎艺术界。