ACTION ALERT~Stop Creationism, Support Paul LaClair, attend Kearny BOE meeting March 19th.

Part II: How to Fire a Tenured Teacher (0.00 / 0)

I found this in an NJEA publication:

... Tenured teachers can be dismissed for "inefficiency, incapacity, ... conduct unbecoming [a teacher], or other just cause."

A teacher facing dismissal can be suspended without pay for up to 120 days, during which time the charges are referred
to an administrative law judge. Both sides have 60 days to gather their facts ("discovery") prior to several days of
hearings before the judge. Even if the process exceeds 120 days (and it too often does), the teacher does not return to the classroom. The judge's decision - to dismiss, suspend, deny pay increments, or reinstate (if the board fails to make its case) then goes to the Commissioner of Education for final review, and a final decision.

Under new guidelines supported by NJEA and enacted in 1998, the process is much faster than under prior law.

Tenure doesn't protect bad teachers. It prevents bad things from happening to good teachers. Tenure assumes that administrators also do their jobs - evaluating teachers regularly, documenting their shortcomings, giving
them proper feedback on their performance, and giving them an opportunity to improve. If a teacher cannot or will not improve, then he or she can be fired, with the tenure law defining the process.

Fairness is the key, because as public employees, teachers work every day under public scrutiny and are employed by
elected officials - who sometimes have agendas all their own.

Scream at the Kearny BoE all you want, but as I read this, if the teacher in question keeps his mouth shut and teaches his approved lesson plan going forward, their hands are tied.

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by: denniscmcgrath @ Fri Mar 09, 2007 at 15:42:58 PM UTC

[ Parent ]

It Ain't About "Screaming" at the KBE... (0.00 / 0)

...no one suggested that. 

I was at the last meeting and the only booing and jeering and raised voices came from the defenders of this pathetic excuse for a "teacher".

I believe you're substantially incorrect if you're remotely even implying that the teacher in this case should not be subject to some discipline, up to and including possible dismissal.

Further, your assertion that

...if the teacher in question keeps his mouth shut and teaches his approved lesson plan going forward, their hands are tied.

is just dead wrong.  By that strange "logic" no one could ever be held accountable for past actions. 

The deeper question/issue is that the KBE has done nothing to the teacher and has belittled and in effect participated in the harassment of the child.

Dennis I suggest you actually listen to the audio of what happened in the class that day.

http://www.davidkowa...

..and then come back and tell us how you would feel if your child was in that class.

Further, as to the dangers of fanatical fundamentalism that takes the word of the bible (or the Koran for that matter) literally I shouldn't have to remind you that, if these belief systems ever succeeded in becoming the "law of the land" many of US would have been stoned to death or burned at the stake long ago.

Dennis, I have pretty much agreed with virtually all of what you've had to say in this space; but on this one I have to wonder if you're just playing "the devils advocate" as a rhetorcal exercize to "stir the pot"?

In any event, thank you for the opportunity to shed some more light on this issue.

 

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by: Nick Lento @ Fri Mar 09, 2007 at 16:28:12 PM UTC

[ Parent ]

Cause for dismissal (4.00 / 1)

Tenured teachers can be dismissed for "inefficiency, incapacity, ... conduct unbecoming [a teacher],

I believe this teacher was hired to teach History.
Spending 3 days teaching creationism might not be on the lesson plan. Might that be inefficient ?

I would also offer that since the teacher certainly knew of the Church/state boiundry, he certainly knew this is illegal, which speaks to premeditation.

Tenure assumes that administrators also do their jobs - evaluating teachers regularly, documenting their shortcomings, giving
them proper feedback on their performance, and giving them an opportunity to improve. If a teacher cannot or will not improve, then he or she can be fired, with the tenure law defining the process.

I found some, vague indication that this teacher has been doing this for a while. How long? I don't know. If indications of prior complaints or pro forma inquiries of a similar nature can be found, and the School Board didnt act in a pro forma nature, then the Board is at fault, and maybe there is an opposition slate for School Board that folks can vote for on April 17th.

Regardless, if prior problems with this teacher existed, this can be brought to the attention of an administrative law judge, if that process has already been moved forward.

I dont think this Board has what it takes to persue dismissal. Though I remember an incident in 8th grade. That teacher was later pushed out the door.

I do think that as long as this teacher behaves, keeps his mouth shut, he will be allowed to keep teaching. I'm not sure how long he will be teaching in Kearny, it may be that he will also, at a later date, be pushed out the door.

I plan on showing up at the March 19th Kearny BOE meeting. I plan on speaking for my 3 minutes. And I invite everyone to join me in support of the LaClair family.

Check out my 3 paragraph primer on Polywell Fusion.

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by: FogerRox @ Fri Mar 09, 2007 at 17:11:48 PM UTC

[ Parent ]

Conduct unbecoming (4.00 / 1)

Preaching sectarian religious views in a public high school is not teaching history.  Further, the whole subject of "creationism" or "intelligent design" simply does not belong in a history class.  Religious "instruction" is not a function of public schools, and sectarian harangues in a classroom are absolutely out of bounds.  That teacher cetainly has a right to his own opinion, but he has no right to attempt to impose it on his students. 

There are curriculum standards set by the state and by the district, and obviously they are not being followed.  This teacher's classroom activities are certainly "conduct unbecoming" as well as "inefficiency" (the latter for wasting instructional time on a subject not in his curriculum, area of certification, or competency).

Tenure is, simply speaking, protection from arbitrary and/or capricious firing.  It embodies the idea of "progressive discipline" for violating standards of job performance:  oral warning, written reprimand, suspension, etc., with firing as a last resort.  A Board of Education can indeed get rid of a tenured teacher--it's a process that can take a while but it is absolutely possible.  Often what boards do is work out a retirement arrangement, which can save a lot of trouble and legal expense.

This teacher's classroom conduct certainly merits discipline; the Board has a responsibility to act--in fact, they may have already done so (such matters are not for public discussion), and if they haven't, they should.

What I find most disturbing about this whole thing is that the onus has been put on the student who reported the teacher's inappropriate classroom behavior.  Personally, I regard that student as a hero.  The Board's attempt to intimidate him in order to prevent the reporting and documentation of such conduct by a teacher is reprehensible and should be challenged in every possible way.  As for the stirring up of "community opinion" supporting that teacher's behavior and the Board's actions--well, even in Kansas, voters have wised up, so perhaps there's hope for Kearny.

"Do what you can, with what you have, where you are."  (Teddy Roosevelt)

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by: DottieG @ Fri Mar 09, 2007 at 19:16:59 PM UTC

[ Parent ]

Me too. (0.00 / 0)

Personally, I regard that student as a hero.

Check out my 3 paragraph primer on Polywell Fusion.

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by: FogerRox @ Sat Mar 10, 2007 at 00:11:37 AM UTC

[ Parent ]

Part III: How To Fire A Tenured Teacher (0.00 / 0)

I am sure it goes without saying this guy needs to be fired. Actually making it happen, however, is virtually impossible.
One can safely assume Mr. P. has been put on the proverbial action plan. The Kearny BoE will NOT discuss this, or his progress, in public.

Last year, the Bergen Record published a series of articles about the state of education in that county. In it, they states, that of the 10,000 teachers employed in that county's public schools, in the ten years between 1996 and 2006, exactly THREE teachers made it to the point in the firing process where they were placed on suspension. ALL THREE retained their jobs after meeting with the administrative law judge. Not ONE teacher was fired in TEN YEARS.

So, you know, have a discussion, or scream, as you please, at the Kearny BoE. It comes to naught.

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by: denniscmcgrath @ Mon Mar 12, 2007 at 12:27:48 PM UTC

This is one of the major gripes I have with the NJEA (0.00 / 0)

In 10 years, in all of Bergen county, from a pool of 10,000 there was not one instance of a teacher let go. 3 came close?
What possible incentive can a teacher have to perform well (except for those genuinely interested in making a difference, and I will admit they have to be in the majority to enter teaching)... but there has to be a significant number (more than 3) from 10,000 that are just coasting in their jobs and aren't doing the children or the taxpayers any favors.
With no merit pay and near iron clad job security, its very easy for someone to lose motivation. I wish the NJEA could agree on some measure of performance evaluation.
(but if you ask them, the majority of teachers say this is impossible)
 

"Where ever you go, there you are." - Buckaroo Bonzai

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by: William Weber (WjcW) @ Mon Mar 12, 2007 at 13:42:17 PM UTC

[ Parent ]

It's Not Just A "Job".... (0.00 / 0)

This is the future of our country we're talking about..

The effect on kids when/if they are forced by law to attend a school infested incompetent or unmotivated teachers can't be good.

My sense is that the "better" school districts with the most wealthy/uppity/active parents don't have as much of a problem in this regard.

Any teachers out there?  Care to spill some beans?

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by: Nick Lento @ Mon Mar 12, 2007 at 15:02:31 PM UTC

[ Parent ]

Passive Non-Aggression Doesn't Cut It (0.00 / 0)

So, you know, have a discussion, or scream, as you please, at the Kearny BoE. It comes to naught.

Dennis, I'm pleased to hear that you believe that this "teacher" needs to be fired.

Assuming all you say is true about how virtually impossible it is to fire a teacher; that just raises the stakes.

If enough legitimate righteous sensible political pressure is applied; the laws themselves that govern the employment of teachers can and will be changed. If that took an amendment to the state or even FEDERAL Constitution...it would be fine with me.

I'm all for legitimate tenure; but if it's truly virtually impossible to fire teachers that abuse children...that's an absolute perversion of the concept of "rights".....and I dare say a large majority of parents would be "up in arms" if they were fully aware of it.

If anyone can find a link to that Record expose I'd appreciate it,

Thanks Dennis for providing your perspective, though I have to absolutely reject with the depressingly gloomy sense of hopelessness that your closing paragraph implies. 

When something is as wrong as this, and people like us (progressives) fail to act up, to show up and to positively support the victim of a kind of child abuse (that is actually unconstitutional to boot) it sends a message to people like Joe Ferriero, Tom Keane Jr, and George Bush that we politically impotent (at best).

 

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