Due Process – Part 3/4

20 Sep

Science 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 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


Lloyd Lofthouse is a former U.S. Marine and Vietnam Veteran,
who taught in the public schools for thirty years (1975 – 2005).

His third book is Crazy is Normal, a classroom exposé, a memoir. “Lofthouse presents us with grungy classrooms, kids who don’t want to be in school, and the consequences of growing up in a hardscrabble world. While some parents support his efforts, many sabotage them—and isolated administrators make the work of Lofthouse and his peers even more difficult.” – Bruce Reeves


Lofthouse’s first novel was the award winning historical fiction My Splendid Concubine [3rd edition]. His second novel was the award winning thriller Running with the Enemy. His short story A Night at the “Well of Purity” was named a finalist of the 2007 Chicago Literary Awards. His wife is Anchee Min, the international, best-selling, award winning author of Red Azalea, a New York Times Notable Book of the Year (1992).

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3 responses to “Due Process – Part 3/4

  1. dcook4real

    July 24, 2016 at 05:24

    Reblogged this on dcook4real.

  2. Yesenia Lopez

    September 14, 2019 at 12:19

    Subsequent to a Recommendation to Discontinue…..

    How long does a Rating Officer have to do a Corporal punishment hearing?
    Is there any time limit?

    • Lloyd Lofthouse

      September 14, 2019 at 12:54

      Due Process and Corporal punishment are two different things.

      The 14th Amendment to the U.S. Constitution offers due process protection from being fired without cause to public employees but not to the private sector employees. To fire a public school teacher, that means there must be evidence that proves the public school teacher is guilty. Teachers in private schools, including charter schools, can be fired without cause (these teachers can be fired for any reason or no reason just because the boss wants to get rid of them) because they are not public schools.

      “Tenured teachers can be fired for incompetence, insubordination, immorality, moral turpitude or neglect of duty. Some states allow districts to fire tenured teachers for other reasons, such as supplying false information when applying for the job or advocating a revolution against the government.” But the 14th Amendment requires that before a public school teacher can be fired, there has to be proof that the teacher is guilty of at least one of the items on the above list.

      Corporal Punishment is where a child/student gets spanked for alleged misbehavior in class – no trial needed. The U.S. Constitution does not offer any protection fro children from corporal punishment. Corporal punishment is a state issue, not a federal one.

      “School corporal punishment is currently legal in 19 states, and over 160,000 children in these states are subject to corporal punishment in schools each year. Given that the use of school corporal punishment is heavily concentrated in Southern states, and that the federal government has not included corporal punishment in its recent initiatives about improving school discipline, public knowledge of this issue is limited. The aim of this policy report is to fill the gap in knowledge about school corporal punishment by describing the prevalence and geographic dispersion of corporal punishment in U.S. public schools and by assessing the extent to which schools disproportionately apply corporal punishment to children who are Black, to boys, and to children with disabilities. This policy report is the first-ever effort to describe the prevalence of and disparities in the use of school corporal punishment at the school and school-district levels. We end the report by summarizing sources of concern about school corporal punishment, reviewing state policies related to school corporal punishment, and discussing the future of school corporal punishment in state and federal policy”


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