Akron school board to reconsider tutoring contract at center of unfair labor charge

The Akron school board is considering rescinding a tutoring contract that sparked an unfair labor practice charge by the teachers union.

The unfair labor practice charge is the Akron Education Association's third filing after the school board approved a state-funded contract with Varsity Tutors on Jan. 8 in a 6-1 vote.

That approval, the union said, violated the collective bargaining agreement because Akron Public Schools tutors are protected by the union contract.

Lawsuit: Akron teachers' union lawsuit accuses school board of public meeting violations

"(Students) feel safe and thrive with the educators who are with them every day and care about their lives and academic outcomes," AEA President Pat Shipe wrote in a news release. "To so readily dismiss the incredible impact our teachers make on their students' lives and infer that unqualified, uninvested strangers could accomplish the same is a slap in the face to all of the dedicated APS school employees."

The unfair labor practice filing comes about three weeks after the union filed a grievance against APS and roughly one week after AEA filed a lawsuit to halt the tutoring contract.

Akron Public Schools spokesman Mark Williamson declined to comment Tuesday on the filing.

School board plans special meeting Thursday to reconsider tutoring contract

The Akron School Board will hold a public meeting to consider whether to rescind the Varsity Tutors contract. Board members are set to enter an executive session before weighing a motion to rescind the contract.

Jan. 22 meeting: Akron school board goes forward with Varsity Tutors contract despite union opposition

This meeting comes over one week after Superintendent Michael Robinson recommended board members rescind the contract. The board voted 5-2 not to rescind it.

The meeting is at 5 p.m. on Thursday, Feb. 1, at 10 N. Main St. The public can attend in person or watch live on the district's YouTube channel.

What is the Varsity Tutors for Schools contract?

The contract allows for 2,400 one-on-one 60-minute tutoring sessions for fourth graders who did not get a promotion score on the third grade Ohio State Test.

Participating school districts must contract with one of 11 vendors, including Varsity Tutors, to use state funding. The APS contract is expected to cost about $156,000 of state funds with no cost to the school district.

There are nearly 70 vacant tutoring positions in APS, most of which are school-day positions during class time, Robinson said. Varsity Tutors, he explained, would prioritize the hiring of APS teachers and tutors for after-school positions.

Most tutors with Varsity Tutors work virtually with their students, but he said APS teachers would be able to meet in person.

Accusations against the district

The unfair labor practice alleges that the school board and superintendent violated the collective bargaining agreement and that the board suppressed information.

Filed by attorney Don Malarcik, the unfair labor practice argues that the tutoring contract would outsource jobs that could be filled by APS teachers to a private, for-profit company.

It further alleges that the board attempted to suppress public discussion, first by improperly using an executive session to discuss the contract as a personnel matter and then by altering a recording of the meeting.

The union argued the contract was a service agreement, not a personnel matter.

Following the private discussion and before voting on the contract, board member Rene Molenaur said she wished there was more time to discuss the matter before taking a vote.

It was during this time that a 40-second jump in the recorded meeting on YouTube skipped over board member Barbara Sykes' objection and call for a point of order, which went unanswered, according to the labor filing.

The district has said the missing section on the video caused by a buffering issue.

Teachers union seeks to nullify tutoring contract

The Akron Education Association requested the school board nullify the Varsity Tutors contract and cease entering any agreements with any private companies for teaching positions protected by the collective bargaining agreement.

It further asked Robinson to acknowledge the tutoring positions are protected by the union agreement.

The AEA also requested that the district pay for all attorney fees and costs associated with the unfair labor practice.

This article originally appeared on Akron Beacon Journal: Akron school board to reconsider tutoring contract at Thursday meeting