CTA Overwhelmingly Supports Easing Teacher Dismissal Rules

Teachers Unions: Protecting the Bosses at Teachers’ Expense

A common misperception is that unions exist to protect the interests of workers. If this were true, if unions really fought vigorously for the interests of workers, they would not be tolerated at all. The fact that they are legal, and that a large body of laws has been written to regulate their activities, is evidence of their acceptance by the employing class. Indeed, they serve the interests of the employing class by acting as intermediaries that help maintain the peace between employers and workers, keeping them on the job and working efficiently.

When looked at from this perspective, it should come as no surprise that the California Teachers Association (CTA is the state’s largest teachers union) is giving its unconditional support to new legislation that would make it easier to fire teachers. Assembly Bill 375, written by Democrat Joan Buchanan, has already received unanimous approval by the Assembly’s Education Committee and overwhelming support by both parties. It has also been praised by the CTA:

“We support AB 375 and AB 1338 because the bills reflect CTA’s goals to keep students safe, safeguard the integrity of the profession, and protect the rights of educators. CTA supports these bills because they provide immediate protections for students and streamline and shorten the dismissal process to ensure charges are handled fairly and in a timely manner. We commend Assembly Education Committee Chair Joan Buchanan for her hard work in developing the legislation and Senator Alex Padilla for signing on as co-author. We look forward to working with lawmakers as these bills make their way through the legislative process.”

—California Teachers Association website

The bills stem from the mass hysteria that there are rampant perverts in the classroom and the unions are somehow complicit in protecting them—a panic fed by the arrest of Mark Berndt (LAUSD) last year from for engaging in lewd acts with students, and accusations by University of California, Berkeley swim coach, Kristen Cunnane (among many others), that former Moraga science teacher Dan Witters and physical education instructor Julie Corea had molested them. (Witters committed suicide and Corea is serving an 8-year prison sentence for rape and sexual battery of students).

As tragic (and frightening for parents) as these cases are, there is no evidence that molestation in the schools is any worse now than in the past or that the unions bear any culpability. However, there is ample evidence in both these cases (and in many other school molestation cases) that the perpetrators were either protected by their school districts or that credible accusations and evidence against them were ignored, covered up or lost by their districts. Legislation that streamlines the firing of teachers does nothing to mitigate these problems or make children any safer, nor does it eliminate districts’ incentive to protect their reputations at the expense of children’s safety.

Weakening Due Process for Teachers Contributes to Declining Union Membership

In addition to doing nothing to protect children, these bills significantly weaken teachers’ due process rights, thus increasing the chances that innocent and excellent teachers will be dismissed. The bills allow the use of evidence older than four years if a judge deems it “relevant”—a nebulous term that leaves open the possibility that a teacher will be punished a second time for small infractions or oversights (e.g., using district websites to check personal email) that have no effect on their skill as teachers. The new rules would also weaken the discovery process and pretrial evidence-gathering proceedings, further eroding teachers’ due process protections and chances of beating a spurious accusation.

Furthermore, the legislation is not limited to violations of the law or accusations of abuse and molestation. The new rules also streamline and speed up the dismissal process for teachers deemed “unsatisfactory.” As districts increasingly adopt evaluation systems that assess teachers based on their students’ test scores (using methods that are notoriously unreliable), districts could soon have skyrocketing numbers of “unsatisfactory” teachers to dismiss, thus making a quicker dismissal process all the more urgent.

The wording of AB 375 explicitly states that the number of teacher dismissal proceedings will increase under the new rules: “these revisions would increase the number of employees subject to immediate placement on compulsory leave of absence. . .”  This could lead to declining union membership if an equal number of unionized teachers are not rehired to replace them. With the Parent Trigger law and No Child Left Behind rules requiring failing schools to adopt “reforms” that include charter school conversion, it is entirely feasible that schools with large numbers of dismissed teachers could be converted into nonunionized charter schools.

Making Public Education More Profitable to Capital

Buchanan supported her bill by saying that districts don’t issue more dismissal notices because they don’t want to spend the money. Thus, one goal of the new legislation is to reduce education expenditures, something that allows the state to reduce overall education spending and maintain record low tax rates for businesses and the wealthy.

However, implicit in Buchanan’s statement is the assumption that there are hordes of rotten apples hidden in classrooms throughout the state—bad apples who, more often than not, are only guilty of being outspoken advocates for children, critics of idiotic “reforms,” union organizers, or veterans at the higher end of the pay scale. An unspoken (and likely the most urgent) goal of the legislation is to make it easier to get rid of the teachers who cost their districts the most in salaries, time or trouble.

Some other troubling aspects of the legislation include the sweeping, overly broad and moralistic definitions of misconduct that could result in a teacher’s firing. Under the law, teachers can still be dismissed for “immoral” conduct—another nebulous term that could include polyamory, drunkenness, or other behaviors that occur outside of school or that do not affect performance in the classroom.

While the new legislation would eliminate prohibitions on membership in the Communist Party (which apparently is still an offense for which teachers in California can be fired), it will maintain the antiquated and anti-union prohibition against committing or advocating “criminal syndicalism.” Curiously, while California’s 1919 Criminal Syndicalism Act was repealed in 1991, its prohibitions are maintained for teachers under AB 375. Under this rule, teachers would continue to be prohibited from being members of the Industrial Workers of the World.

Protecting Children by Punishing Whistleblowers

Carol Buchanan, a former Moraga School District teacher (in the SF Bay Area) was told by students in the 1990s that science teacher, Dan Witters, had been sexually abusing them. She reported it to school officials, but was ignored and punished, Cheryl Hurd reported last week. While she was never fired, Buchanon claims the district did strongly urge her to take a “leave of absence,” which she ultimately did, retiring after a 25-year career.

Last year, University of California, Berkeley swim coach, Kristen Cunnane, came forward saying she was abused by Witters and another teacher. Cunnane later release the following statement: “I can’t believe how many people at the school knew about the sexual abuse and how many warnings the district ignored. To find out that there was someone at the school actually trying to help us and that she got punished for it is incredible.”

While it is tragic that so many children were thrown to the wolves by administrators who were either too lazy to do the right thing or too concerned with covering up the potential bad PR, it should no longer come as a surprise, either. Indeed, it is relatively common for large institutions to value their own reputations over the safety of children (and the law). Consider the way in which the Catholic Church, at virtually all levels of its hierarchy, has protected accused priests. This case is also strikingly similar to the case of Mark Berndt, in LAUSD, who had been reported by numerous parents, and allowed to remain in the classroom for decades, before finally being arrested last year. In Berndt’s case, not only did the district fail to investigate thoroughly the prior claims, but it also punished innocent teachers, by firing the entire staff at Miramonte Elementary school, even though only two of its teachers had been accused of abuse.

3 of California’s “Top” Schools On the Chopping Block, And Good Riddance

What makes a “top” school, top? According to the San Francisco Chronicle (and most other media) it is test scores. Thanks to No Child Left Behind (NCLB) and Obama’s Race to the Top (RttT), test scores are all that matter these days. This has led to numerous cheating scandals, as well as a reduction in science, arts, physical education and other curricula to make room for more test preparation. It has also led to a number of other scandals, such as the one at Oakland’s American Indian Charter Schools, now under threat of closure for financial improprieties, despite its relatively high test scores.

The American Indian schools are currently being investigated by the Alameda County district attorney for funneling $3.8 million to founder and former director Ben Chavis and his wife for shady real estate deals and services, according to the San Francisco Chronicle. As director, Chavis signed school checks over to himself for properties he rented to the schools. In one case, he charged the schools $1.09 per square foot per month, when Oakland Unified was charging one-fifth of that ($2.50 per year).

The Oakland school board has asked the school to shape up and convince them their books are now in order. The board will make its final decision on March 20.

The problem is that it is not just financial improprieties that call the schools’ quality into question. Chavis, who ran the schools from 2001 until 2007, has been accused of humiliating students, swearing at them and calling them names publicly. The East Bay Express reports that he also made racist and sexist comments in front of students, while the WSWS reports he physically abused an adult visitor to the campus and forced a student to shave his head as a punishment. The Express also found that the schools’ high test scores had nothing to do with good teaching or school structure, but were the result of cherry-picking higher performing students—a form of cheating that violates OUSD’s own policies. In essence, the schools were phony “top” schools that rigged the system in order to look good, maintain high enrollment, and serve as a cover for Chavis’ embezzlement schemes.

While the OUSD is threatening to revoke the schools’ charters and shut them down, they should not be seen as the hero riding in on their white horse. According to the Express, the school board had known for years about Chavis’ abuses and misconduct, yet continually renewed the schools’ charters, citing their wonderful test scores as justification. Indeed, the OUSB, due its lack of effective oversight, was complicit in both the cheating scandal and Chavis’ embezzlement of millions of dollars from the district

The OUSD likewise had no problem with the schools’ refusal to hire unionized teachers or its rabid anti-communism (one of the schools’ “10 Commandments” was “Thou shalt be aware of quacks who believe in communism. Hast thou ever heard of illegal immigrants risking their lives to enter Cuba?”

 

Corruption at CTC Placed Kids at Risk, Denied Teachers Credentials

A recent lawsuit against the California Commission on Teacher Credentialing (CTC), filed in November by former government lawyer and CTC whistleblower Kathleen Carroll, alleges that CTC lawyers and administrators engaged in numerous illegal acts that prevented qualified teachers from obtaining or maintaining their credentials. The charges against the attorneys include tampering with case outcomes, acting outside their legal jurisdictions, nepotism, cronyism, and conflict of interest.

According to Steve Zeltzer, writing for Daily Censored, the suit’s allegations imply that the CTC may have been used as a tool for preventing qualified teachers from receiving their credentials so they would be unable to get hired at traditional district schools and be forced to seek jobs at alternative schools with less stringent credentialing requirements, like charter schools, which are often nonunionized.  Consequently, Zeltzer argues, thousands of teachers may have been illegally or inappropriately denied their credentials, thus creating a small army of well-trained teachers willing to accept low-paying jobs with poor working conditions at private charter schools.

The CTC is responsible for licensing California teachers, administrators and other education personnel; investigating charges of misconduct against credentialed teachers and applicants; and approving teacher training programs. The agency has been involved in the development of curriculum, tests for teachers, and teacher evaluation policies, often by outsourcing to private testing and publishing companies like NCS Pearson (which is currently being sued by the state of New York (among others) for illegal kickbacks to officials involved in deciding whether or not to use their tests. Pearson is also a big player in the design of Common Core Standards (CCS) which will require a whole new series of high stakes exams from which Pearson hopes to profit.

Zeltzer reports that several CTC Commissioners have had personal or financial ties with private charter schools and would thus benefit from having a large pool of teachers desperate for jobs, but unable to acquire them at traditional public schools. Ting Sun, for example, was chair of the CTC at the same time she worked at the Natomas charter school—which she founded with her husband—and was being paid by the California Charter Association. She is also on the board of the corrupt Gulen charter school chain Magnolia Public Schools (for more on Gulen, see here, here and here). According to Zeltzer, Sun failed to report these conflicts of interests, as required by CTC commissioners, since they vote on contracts paid for with public funds.

Carroll had been an attorney at the CTC for four years until she was fired for whistleblowing in the middle of the audit of the commission that she helped initiate. One of her allegations was that the CTC had a long backlog of misconduct reports, many of which were specious. The CTC admitted there was a backlog of more than 12,000 reports. The actual number was never verified. Regardless, this is a serious safety concern for parents and students (as some potential abusers may have remained in the classroom) and a serious due process violation for accused teachers (many of whom may be innocent, especially since many of the reports were trumped up).

Carroll told Ting Sun that the Director of Professional Practices at the CTC, Mary Armstrong, had lied about the backlog. She told CTC Director Dale Janssen that the misconduct reports were not being processed quickly enough, including those involving sexual misconduct, thus placing students at risk. According to the suit, Janssen responded by hiring a private investigator to discredit Carroll, including the release of her private medical records.

There may also be evidence of tampering by the office of California Senate Pro Tem Darrell Steinberg, which initiated the audit at Carroll’s request. Steinberg’s office made changes in the audit request and failed to investigate some of Carroll’s allegations. Steinberg’s office, like many in the CTC, had its own conflicts of interest. His education advisor, Susanna Cooper, is married to Eric Douglas, who owns Leading Resources Inc., which represents the Bureau of State Audits, which was doing the CTC audit. Cooper is also on the board of West Ed, which receives funding from Pearson and numerous other public and private education profiteers, and has a vested interest in many of the CTC’s projects, including testing and credentialing, thus further drawing into question the objectivity of the audit.

State Auditor Elaine Howle said the commission was “one of the worst run” organizations she had ever investigated. Janssen and Armstrong resigned not long after the auditor’s report came back (June 2011), but the backlog of unprocessed complaints continues and questions remain about the agency’s integrity. Sun remained as chair until her term ended in November. Janssen and Armstrong were replaced by Gov. Brown appointees, Nancy Ramirez, from the Mexican American Legal Defense and Education Fund, and Michael Cooney.