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Tag Archives: National Education Association

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

_______________________

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

lloydlofthouse_crazyisnormal_web2_5

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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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

_______________________

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

lloydlofthouse_crazyisnormal_web2_5

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).

To follow this Blog via E-mail see upper right-hand column and click on “Sign me up!”

 

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