DEI in Teachers’ Union Contracts

Investigations


An investigation into school district collective bargaining agreements with teachers unions reveals a number of recent contracts that include commitments or adherence to anti-racism, diversity, equity and inclusion (DEI) policies, race-based priorities in recruiting, hiring, and retention practices, race-based affinity groups, and mandatory DEI-focused professional development. The unions mentioned in this report include affiliates of the National Education Association (NEA) and the American Federation of Teachers (AFT).

Key words utilized while searching the contracts include “affinity,” “anti-racism,” “BIPOC,” “diversity,” “equity,” “educator/staff of color,” and “racial equity.”

The following are highlighted examples of contracts and Memorandum of Understandings (MOUs) between school districts and teachers unions. This is not a comprehensive report but it does provide a window into radical ideologies in contractual form.

  • Oakland Unified School District’s (CA) current contract includes a section on “Affirmative Action” which states that program activities “seek, hire, and promote persons who are underrepresented in the work force compared to their numbers in the population” and includes the development of “goals and timetables.” An additional Memorandum titled “Black and Thriving Community Schools Agreement” affirms the entities commitment to the district’s Black Thriving Plan and Reparations for Black Students.
  • Denver Public Schools’ (CO) 2022-2025 “Agreement and Partnership” includes a section titled “Equity in the School District” which focuses on how the district can advance “racial and educational equity” through various actions such as race-based mentoring programs and required equity training for new teachers.
  • Evanston Township High School District 202’s (IL) 2022-2026 bargaining agreement includes a “Racial Equity Committee” that will work to “ensure a school and work environment” that “centers the voices of Black, Indigenous, People of Color (BIPOC) in school policy creation” and requires that the committee be “co-chaired by a BIPOC member” and that two of the four administrators selected to be on the committee “identify as BIPOC.”
  • Arlington Public Schools (MA) 2024-2027 agreement includes using the language “birthing parent” and “non birthing parent.”
  • Minneapolis Public Schools (MN) 2023-2025 Teacher Contract, Memoranda & Policies includes an “Anti-Bias Anti-Racist Staff Development and Advisory Council” and a Memoranda of Agreement for “Black Men Teach” programming which features preferred hiring opportunities, staff lay-off protections, and five days excused and paid absences for “BMT -sponsored professional development events.”
  • Saint Paul Public Schools’ (MN) 2023-2025 agreement includes an article focused on the “Recruitment and Retention of Educators of Color” and allots $20,000 for race-based affinity groups.
  • David Douglas School District’s (OR) 2021-2024 bargaining agreement includes a “Racial Equity MOU” that states that the district and association “share a commitment to advance racial equity” which features support for the district equity plan, “diversification hiring practices,” “undo the legacy of systemic racism” in the educational system, and support for staff of color affinity groups.
  • Pittsburg Public Schools’ (CA) has a Memorandum of Understanding for a “BIPOC Mentor Program” which states that mentees and mentors qualifications include “self-identification as a member of the BIPOC Community.”
  • Seattle Public Schools’ (WA) 2022-2025 Collective Bargaining Agreement includes a Memorandum of Understanding titled “Regarding: Hiring and Retaining Educators of Color [EOC]” which states that the district mandated “PD for principals about hiring educators of color,” re-evaluate the way they “interview and hire staff of color,” and “fund EOC community building and mentorship activities, such as an EOC affinity group, to bring people to support specific connection and mentorship opportunities for EOC.”
  • Washington State’s Office of Superintendent of Public Education (OSPI) appears to have awarded a six month, $79,200 Sole Source contract to the Washington Education Association (WEA) for its Nakia Academy, which is to “provide mentor and leadership development for up to 120 BIPOC or educators of color.”

Denver Public Schools’ 2022-2025 Agreement and Partnership contract includes a section titled “Article 31 – Equity in the School District” which establishes a “collaborative committee with equal representation” that will “engage in collaborative conversations in an effort to create alignment and cohesion that advances racial and educational equity” in the district.

The agreement states that “committee membership will reflect marginalized groups,” it will “explore a district-wide racial equity analysis tool (which has been in development) to ground in when making decisions to address the impacts on racial equity, i.e. those related to recruitment, retention efforts, professional development, instructional practices,” seek out strategies for “increasing staff racial, ethnic and linguistic diversity in an urban school district,” expanding the “ReachOne Mentoring program to support novice educators of color through mentorship matches with more experienced educators of color,” and require all newly hired educators “complete Modules 1 through 9 of the Equity Experience prior to the start of their second school year.”


Minneapolis Public Schools’ 2023-2025 Teacher Contract, Memoranda, & Policies includes an “Anti-Bias Anti-Racist Staff Development and Advisory Council,” race-based exemptions from educator layoffs, and a Memorandum of Agreement for a “Black Men Teach” program.

The “Black Men Teach” (BMT) MOU states that the district agrees that “BMT Fellows may interview for and be offered teaching positions at NSJ concurrent to the timeline for internal District employees,” “teachers identified as BMT Fellows shall be exempt from contractual provisions for excessing and lay-off, to the extent allowable by law,” and “BMT Fellows shall be allowed five (5) days per year of reserve teacher coverage, with no loss of pay or benefits, to participate in BMT-sponsored professional development events” where “absences for said professional development shall not take place on District professional development days”

The contract lists exemptions from layoffs which includes those who graduated from the district “Grow your Own Program,” “teachers who are members of populations underrepresented among licensed teachers,” and “alumni of Historically Black Colleges and Universities (HBCU), Tribal Colleges andUniversities and/or Hispanic Association of Colleges and Universities (HACU) programs.”

The contract also includes a section titled “Anti-Bias Anti-Racist Staff Development and Advisory Council” which states that the council’s focus is “professional development and educator support for future and current educational staff, with a committed focus on reducing inequitable practices and behaviors in our learning places and spaces as well as supporting educators, specifically educators of color, in navigating and disrupting our District as a predominantly white institution.”

The purposes listed include to “review and consult on culturally responsive support for Black, Indigenous, and People of Color (BIPOC) educators to increase retention and success” and to “review and consult on professional development and support to effectively disrupt and dismantle racist and oppressive policies, practices, and interpersonal behaviors.”

The “Anti-Bias and Anti-Racist Subcommittees” are tasked with “recommending establishing initiatives for recruitment, retention, and development of educators of color and improving Districtwide climate
and culture” and will focus on “many District initiatives to disrupt inequitable policies and practices and retaining underrepresented staff.” This includes “Collaborating with the Human Resources Department to review and make recommendation on effective strategies for hiring and retaining a diverse
workforce,” “modeling anti-bias anti-racist teaching and learning environments,” and “promote understanding and support implementation of hate/bias protocol through restorative practices and other initiatives that reduce hate bias, harassment, discrimination, and exclusive practices.”

The contract also states that the district will “provide additional supports for MPS educators who are members of populations underrepresented among licensed teachers in the district” and “all non-tenured educators who are members of populations underrepresented among licensed teachers in the district will have access to wrap-around support.”

The district will also “ensure candidate interview pools will be reflective of the diversity of the community.”


David Douglas School District’s 2021-2024 bargaining agreement includes a “Racial Equity MOU” which states that the education association and the district “share a commitment to advance racial equity.” Part of the commitment is acknowledgement of and adherence to the district 2021-2026 Equity Plan and a “diversification of the educator workforce.”

The memorandum states that the parties agree to “ensure racial equity in our educational system, unapologetically address the needs of students of color who are furthest from educational justice, and to undo the legacy of systemic racism in our educational system.”

The MOU also states that the entities “commit to building on and supporting the collective efficacy to ensure racial equity in our education system” which includes a district strategic hiring plan, “Staff of Color Freedom Dreams” including the “recruitment and retention of Staff of Color,” and identifying “resources to support and strengthen the David Douglas Staff of Color Group, which provides an affinity space and advocates for David Douglas staff who identify as BIPOC.”


Pittsburg Public Schools in California entered into a Memorandum of Understanding with the Pittsburg Education Association regarding a “BIPOC Mentor Program” which states that mentees and mentors qualifications include “self-identification as a member of the BIPOC Community.”


Seattle Public Schools’ 2022-2025 Collective Bargaining Agreement includes race-based hiring practices that increase the number of “Educators of Color” throughout the district, “Educators of Color affinity groups” are given the option to use professional development time to meet, and that a district “Racial Equity Analysis Tool” must be used in relation to all recruiting and hiring practices.

The section titled “Article II: Partnership for Ensuring Educational and Racial Equity” states that the appointed committee will review district “progress on recruiting and retaining educators of color and make recommendations as appropriate, including ways for which the district could prioritize the wellbeing of staff of color and safe reporting structures for people experiencing hate/bias.”

Under “Staffing Decisions,” the contract says that the district “commits to developing and rigorously applying talent management recruitment and hiring practices based on the Racial Equity Analysis Tool that have the effect and impact of increasing the hiring of educators of color and educators with race, gender and linguistic diversity, as set forth in Board Policy No. 0030 – Ensuring Educational and Racial Equity.” it also adds that “hiring and retaining educators of color is a primary focus of the District’s efforts to have work force equity under Board Policy No. 0030 – Ensuring Educational and Racial Equity.”

In the section titled “Retention and Support for Educators of Color,” it states that “t hiring, supporting and retaining educators of color is a primary focus of the District’s efforts to have work force equity” and strategies include “Implementing a cohort model for new Educators of Color, including mentorship and coaching, with other professional development.”

Under “Section L: Affirmative Action,” the document states that the district “has as its goal an Affirmative Action program of recruiting, hiring and assigning staffs in every department, every school and at every level of operation with proportions of racial minority to total employees corresponding to the SPS Affirmative Action program.”

The document adds that “any social emotional curriculum will be evidence-based and normed on scholars of color.”

The bargaining agreement also includes a Memorandum of Understanding titled “Regarding: Hiring and Retaining Educators of Color [EOC].” The MOU includes “mandatory PD for principals about hiring educators of color,” “put in place policies and practices that increase educators of color in Title I schools,” “re-evaluate the way we interview and hire staff of color,” “give staffing priority to hard to fill schools,” and “fund EOC community building and mentorship activities, such as an EOC affinity group, to bring people to support specific connection and mentorship opportunities for EOC.”