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Tag Archives: Due process

Due Process – Part 3/4

Science Blogs.com attempted to answer how many incompetent teachers there are in the US, and reported, “You don’t see many citations of useful data about how many of these school-killing teachers there really are.”

In addition, in the UK, the Guardian says that most of the 18 teachers that lost their jobs due to incompetence were struck off the last decade by the General Teaching Council (in England), which has been operating for a decade with powers to remove failing teachers from the profession.

However, if we accept the percent quoted by the flawed and biased documentary “Waiting for Superman”, the number of public school teachers that are incompetent may be 7 percent, which means 93 percent of the more than 5 million teachers in the United States are competent.

What this means is that the critics of public education want to punish more than 4.6 million innocent teachers for the few that may be incompetent by removing due process and job protection, which may explain why in recent years the number of college students planning to teach dropped more than 25%.


Teachers have been blamed for problems outside of their control.

As is, new teachers are on probation may be fired without cause during the probation period. In California and Texas, the probationary period is two years, but the normal probationary period is three years in most states.

If school district administrators are doing their jobs, then the incompetent teachers are removed before earning job protection and due process.

New Action.com says, “Although teachers are not “guaranteed a job for life,” as critics often say, it is true that, after completing a probationary period, teachers in New York State may generally not be fired except in two instances: The first is for serious cause, defined in state law, that must be substantiated by the DOE (Department of Education) in a due process hearing before an independent arbitration panel. The second has been a “reduction in force” — layoffs because positions have been eliminated, usually due to funding cuts.”

Continued on September 21, 2011 in Due Process – Part 4 or return to Part 2

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Due Process – Part 2/4

Lawyers are extremely expensive and even if a teacher accused of a crime or of incompetence was innocent, without the union to pay legal fees, most teachers would be helpless victims.

In addition, legal assistance from the teachers unions is not automatic.  When a teacher is accused of being incompetent, and he claims to be innocent and goes to the local branch of the teacher union seeking help, legal experts that are retained by the NEA or AFT will usually consider if the case has merit.


You Pay for what You Get!

If the union’s legal experts feel the teacher deserves a defense, then the union will stand behind that teacher. What I mean by evidence may be twenty years of satisfactory evaluations by more than one administrator, which is often the case.

However, if the union’s legal experts say there is not enough evidence to defend the teacher, the union will not defend them.

I taught in the public schools for thirty years and know of cases where teachers went to the union and were denied legal support.  I also know of cases where the union’s legal experts ruled in favor of teachers and recommended the union assist them.

To demand that teachers accused of incompetence be fired without due process is undemocratic and un-American. If Wal-Mart can have its day in court when accused of discrimination, then teachers should have the same privilege when accused of incompetence.

How many teachers are we talking about that may be incompetent? A possible answer will appear in Part 3.

Continued on September 20, 2011 in Due Process – Part 3 or return to Part 1

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

To subscribe to “Crazy Normal”, look for the “Subscribe” button at the top of the screen, click on it then follow directions.

 

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Due Process – Part 1/4

If you Google “the number of teachers that are incompetent“, you will discover there are more than 4 million hits on this topic but none that I checked among the first ten pages of hits offered an answer—basically what I discovered was a lot of ranting, rumor and “bull”.

In other words, a manufactured controversy with a hidden political/religious agenda behind it.

One site, having no evidence to support how many incompetent teachers there are went as far as to say “Schools Nationwide hide Teacher Misconduct and Incompetence.” Then offers no cited evidence that substantiated this claim.

“When someone commits the most heinous of crimes against our citizens, they get a fair hearing, they go through an appellate process, they go up to the Supreme Court of the United States, if that’s required,” says presidential candidate Rick Perry, the Republican governor of Texas, during the Republican press debate held at the Reagan Library early in September 2011.

What Governor Perry says is true. The legal process he mentions is what protects the citizens of the United States when accused of a crime or if one is slandered.

In fact, recently Wal-Mart was found innocent of discrimination against women and that case went to the Supreme Court where the class-action suit against Wal-Mart seeking billions of dollars on behalf of as many as 1.5 million female workers was dismissed. Source: New York Times

Why shouldn’t teachers be allowed to have the same due process of law?

As is, teachers may be tried for the same crime twice.  This means, if a state or federal judge finds a teacher innocent of a crime she has been accused of, she may be tried again for the same crime by the teacher-credentialing board and if found guilty lose the credential to teach in that state.

From what I’ve heard, teachers are the only profession that may be punished for the same crime twice even after being found innocent the first time, which means teachers have already been denied due process once.

When critics of teachers unions accuse those unions of protecting incompetent teachers, those critics are saying that teachers are not eligible for the same protection under the law.

If a school district wants to fire a teacher that has been accused of being incompetent, that teacher should have his or her day in court to prove she is innocent of the accusation.  When teachers belong to unions, legal protection is one of the benefits.

Continued on September 19, 2011 in Due Process – Part 2

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

To subscribe to “Crazy Normal”, look for the “Subscribe” button at the top of the screen, click on it then follow directions.

 

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