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Tag Archives: NEA and AFT

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).

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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

_______________________

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!”

 

Tags: , , , , , , , , , , , , , , , ,