STOP LAUSD DELAY TACTICS - BECOME A COMMISSION ON PROFESSION COMPETENCE PANEL MEMBER

Three Judges.jpg
(For a national view of public education reform see the end of this blog post)

If you would like to take an active part in ending the witch hunt against the removal of hundreds of teachers without due process of law, then you might consider becoming a panel member for the Commission of Professional Competence (CPC) to stop the stalling that is starving teachers into submission, resignation, and the ultimate lifting of their credentials by California Teacher Credentialing (CTC), so they will never again be able to work anywhere in California as a teacher.

Here's how it is done.

In the present witch hunt to remove teachers without due process of law and without a speedy hearing to protect teachers' rights, that has only gathered momentum since Miramonte, the Los Angeles Unified School District's (LAUSD) best - and actually only - tactic to force a teacher to resign without a hearing is to stall them into resignation. It stands to reason that the average teacher once put on unpaid administrative leave is going to have a difficult enough time paying their rent or mortgage and other normal family expenses without a paycheck and benefits.

The longer LAUSD's legal teams can stall, the greater likelihood that the teacher will fold, before getting their day in court and a chance to confront the fabricated charges that face them. The reality is that teachers under the existing system are presumed guilty until they prove themselves innocent, in complete derogation of their right to a presumption of innocence. The task of a teacher vindicating themselves becomes more and more impossible the longer LAUSD is able to stall- witness the elimination of 853 LAUSD teachers last year with only 2 making it to the CPC hearing at the Office of Administrative Hearings (OAH).

The State of California realized this when it passed Education Code Section 44944, which says in pertinent part:


(a) (1) In a dismissal or suspension proceeding 
initiated pursuant to Section 44934, if a hearing
is requested by the employee, the hearing shall be
commenced within 60 days from the date of the employee's demand for a hearing.
The problem is that NOBODY gets their hearing within 60 days, because stalling continuances are granted as a matter of course even when you assert your right to a hearing within 60 days under 44944, which is just ignored. In my case this will make it 2 years and 7 months, since I was put on unpaid administrative leave, until I get my hearing before the OAH, functioning as a CPC on September 10, 2012.

And we are not there yet, because the OAH, LAUSD, or the Los Angeles County Office of Education (LACOE), which is charged with getting panel members to sit on the CPC can wait until the beginning of September and say, "Sorry, we haven't been able to find anybody, this matter is continued."

The OAH, functioning as a CPC consists of an administrative law judge and two teacher panel members: One is chosen by your district- in this case LAUSD and the other is chosen by the teacher. If either the district or the teacher has not chosen a panel member by 7 days before the hearing, then LACOE is supposed to fulfill this function. But often they will come back and say that they are sorry, but they couldn't find anybody or will refer somebody who is not qualified.

When this happens the already long-delayed hearing is again continued and the campaign to starve the teacher into resignation goes on unabated. Few teachers are able to last very long financially on savings and unemployment, especially once the unemployment runs out after 89 weeks. Most people have no idea that teachers are being starved out without a timely fair hearing and a presumption of innocence and the mainstream media ignores this phenomenon.

So if you would like to do something, you might consider sitting as a CPC panel member. These are the qualifications:


(b)(2) [Panel member]shall not be related to the
employee and shall not be employees of the district
initiating the dismissal or suspension
and shall hold
a currently valid credential and have at least five
years' experience within the past 10 years in the discipline of the employee
.
The California Teachers' Association (CTA) also supplies panel members, if there is a timely request, but teachers with American Federation of Teachers (AFT) do not supply panel members, so it would be nice if we could put together another source of panel members to try and bring an end to the unnecessary stalling that is destroying our colleagues lives.

Teachers who are stilling working get all there pay and benefits for serving as a panel member, although retired teacher do not. If working teachers serve during vacation time, they are also paid.

There are only two other qualification for serving as a panel member: You must realize that you have an equal vote with the administrative law judge and the other panel member chosen by the District; and, you should honestly weigh the evidence presented in making your decision.


Lenny@perdaily.com



NATIONAL EDUCATION REFORMERS


LA Progressive

Dick Price and Sharon Kyle
http://www.laprogressive.com/
Dick and Sharon dick_and_sharon@yahoo.com
Dick and Sharon are a pair of citizen journalists and information activists who were fed up with mainstream media. Rather than just kvetch about the media, they decided to try to become the media. So, together they founded the LA Progressive. Dick is the editor and Sharon is the publisher and webmaster, handling all technical aspects of the site.

This site was launched in March 2008, with Dick and Sharon doing most of the writing. Today, a host of gifted writers contribute to the LA Progressive's daily offering which typically amounts to about 45 articles a week. Dick and Sharon continue to write for as well as edit and publish the LA Progressive and distribute its daily e-news each morning.

Jo Scott Coe Riverside, California
Jo.Scott-Coe@rcc.edu
www.joscottcoe.com
Excellent Video Interview about Professor Coe
http://vodpod.com/watch/4959969-jo-scott-coe-teacher-at-point-blank

Assistant Professor of English at Riverside Community College and former high school English teacher. She is the author of Teacher at Point Blank and has been a teacher of English and literature in California since 1991. Her writing on intersections of gender, violence, and education has appeared in the Los Angeles Times as well as literary venues including Hotel Amerika, Fourth Genre, River Teeth, Ninth Letter, Memoir(and), Bitter Oleander, and Green Mountains Review. Her essay, "Recovering Teacher," won the NCTE 2009 Donald Murray Prize, and other selections of her work have received a Pushcart Special Mention as well as Notable listings in Best American Essays 2009 and 2010. As an independent researcher, Jo authored and published the most extensive study to-date of Adams v. LAUSD, a nearly 10-year legal case of student-on-teacher sexual harassment, in (Re)Interpretations: The Shapes of Justice in Women's Experience (Cambridge Scholars Press). Jo values the aesthetic, political, and socially transformative powers of literary narrative--especially to dispel unhealthy silences and witness cultural blindspots. She works currently as an assistant professor of English at Riverside Community College in SoCal, and her book, Teacher at Point Blank (Aunt Lute 2010), has been selected as a Great Read for Fall 2010 by Ms. Magazine. Punk rock? Yes. Hockey games? Yes. Coffee? Always black. Find Jo on the web at joscottcoe.com and on Twitter @joscottcoe.

Betsy Combier New York, New York
betsy.combier@gmail.com
Betsy Combier's blog http://www.parentadvocates.org/index.cfm?fuseaction=article&articleID=488
is a jewel that chronicles the corruption in NYC's Dept of Educations (DOE)  . She has accomplished a wonderful piece of journalism, and created one of the rare places where corrupt educational governance is chronicled and revealed

Professor Samuel Culbert Los Angeles, California
<nobull2u@gmail.com>
is a professor at the UCLA Andersen School of Business who also teaches in the Education Department's Principals' Leadership Institute. Check out the following 3 minutes on ABC News
http://abcnews.go.com/WNT/video/conversation-performance-review-11126992

Stuart Goldurs Los Angeles, Califonia
StuartComputers@gmail.com
Don't send LAUSD Librarians to the Inquisition, send the downtown bureaucrats
Tests, What Are They Good For? Absolutely Nothing!
LAUSD students to attend school on contaminated land, again!
Some schools teach only to the tests, so how are the students being prepared for the next grade and for life?
New LAUSD superintendent adds six-figure positions to management team

http://www.examiner.com/public-education-in-los-angeles/lausd-test-scores-up-to-failure-levels-what-are-the-students-learning

Has been a teacher in the Los Angeles Unified School District for 30 years. He is greatly aware of the district waste, large bureaucracy, and other major issues of the time. He started his blog with the sole purpose of informing the world about the truths of education in LAUSD. E-mail him at: StuartComputers@gmail.com.

LAUSD has selected a new Superintendent of Schools

Karen Horwitz Chicago, Illinois

wccbook@gmail.com

Former award winning teacher who co-founded NAPTA, National Association for the Prevention of Teacher Abuse, and wrote the book White Chalk Crime: The REAL Reason Schools Fail to expose how teacher harassment and terrorization maintains a system of deeply hidden corruption. Disposing of dedicated teachers forms the core of the White Chalk Criminal's agenda since dedication and white collar crime do not mix. Given that all agree that good teachers are essential to good teaching, a system that cannot tolerate good teachers is worthless. This is what we have in place. With Bernie Madoff-like leaders - he was as much about investing as our school leaders are about educating - anointed with unlimited power, including the ability to fill the airwaves with propaganda, education is no longer about education. It is about money and power for those who play a very corrupt game and with an agenda of privatizing schools so their power will increase. (Privatization may have merits. NAPTA does not take a position on that. But privatizing a system that is rotten to its core - where quality teaching cannot survive, where a cover up of pretense that they do not know this despite so many of us reporting these truths prevails - documents that those advocating privatization cannot be trusted! It shows they want our schools for their own interests, not the children, nor the community.)  NAPTA welcomes parents, teachers, students, citizens or anyone who understands that without a real system of education, we no longer have a democracy. Membership is free. Go to: EndTeacherAbuse.org  or WhiteChalkCrime.com. Become educated about what is going on.

Jerry Mintz Director
Alternative Education Resource Organization (AERO)
417 Roslyn Rd., Roslyn Hts., NY  11577

For those of you who cannot wait for corrupt public education to be turned around, AERO offers an excellent source to get connected with viable alternatives right now.

www.EducationRevolution.org
info@EducationRevolution.org
                                                                                                                         800-769-4171                                                              (domestic)
                                                                                                                         516-621-2195                                                              (international)

Susan Ohanian Charlotte, Vermont
susano@gmavt.net
http://www.susanohanian.org
She is a longtime public school teacher who, after 20 years, became staff writer for a teacher magazine and then went freelance. I've maintained a website of activism for nearly 9 years--ever since the passage of NCLB. People can subscribe to the website and then they get updates about new content. I answer all the mail I get through the website and with the answer, people have my e-mail.  I also try to stir things up on Twitter, though I find this medium frustrating. I have a Facebook page--just so people can find me. I don't initiate anything on it, The website keeps me busy.
http://susanohanian.org/show_atrocities.php?id=9593

Susan Lee Schwartz Suffern, New York

Susan studied literacy education, English literature, and fine arts and holds a BA ('63) and MS ('65) from Brooklyn College, and has the equivalent of two master's degrees, earned in graduate studies of literacy, arts and education. She taught literacy skills and art, for four decades in NYC in elementary and secondary school.  In 1998 she won the New York State English Council (NYSEC) Educator of Excellence Award  for her successful teacher practice, studied by Harvard  and the LRDC at the University of Pittsburgh for the New Standards research. At the end of her research, her unique curriculum was selected by the LRDC to be used in their national staff development seminars for school superintendents. She was among six teachers -- from among the thousands across the nation-- observed during the research project, and her teaching practice met all the  principles of learning. In the nineties, she rose to prominence in national educational circles, while teaching at a new magnet school, East Side Middle School. The reading scores of her seventh grade students were at the top of the city, and on the first ELA, which two thirds of city students failed, her former students (then in the eight grade) were TENTH IN THE STATE.

 She writes often about what she learned about the genuine standards for learning, in an attempt to begin a national conversation about the authentic standards, so that there can be genuine reform. Her experience that ended her fine career in the NYC Public Schools has led her to write about the process that removed the top educators, silencing the voices of the classroom practitioners who would not accept anti-learning policies. Her essay here on Perdaily,  is one that describes this process. Read more as she talks about education, literacy  and learning on her site, from the perspective of the experienced teacher-practitioner of pedagogy. She is the voice of dedicated and talented classroom teachers who know why the schools are failing.

Her website is:

http://www.speakingasateacher.com/Susan_Lee_Schwartz_(Steiner)_/index.html


Joel Shatzky: Brooklyn, New York
Joel.Shatzky@cortland.edu
Professor of English Emeritus--SUNY, College at Cortland (1968-2005)
Adjunct instructor-Kingsborough CC (CUNY) 2006--   )
Regular contributor to the Huffington Post: http://www.huffingtonpost.com/searchS/?q=Joel+Shatzky
Author of "The Thinking Crisis" with Ellen Hill (Authors Choice Press: New York, 2001)
Numerous articles on education in Jewish Currents.
Script-writer for three YouTube satires on educational "reform."
 "The Lessons": www.youtube.com/watch?v=D712J1V2Jsg&feature=player_embedded
"Numbers Lie": http://www.youtube.com/watch?v=57BRNLviVTQ
"The Charter Starters": www.youtube.com/watch?v=lnrrw5CV3Gw<http://www.youtube.com/watch?v=lnrrw5CV3Gw>

Here's Joel's latest post about the low percentage of "college ready" high school graduates. http://www.huffingtonpost.com/joel-shatzky/educating-for-democracy-t_2_b_821410.html



Lorna Stremcha Havre, Montana
<lornastremcha@yahoo.com>
http://www.endteacherabuse.org/Stremcha.html
http://twitter.com/lornapstremcha

lornastremcha.com

callmescarlet.blogspot.com
facebook


HER STORY:
"I know first hand the financial, personal, emotional and physical damage that can result when school administrators, the Montana Education Association and the National Education Association put their own interests above the students, teachers and the taxpayers of the State of Montana My files contain mountains of paperwork including depositions, declarations of truth, notarized documents and exhibits resulting from an arduous legal process that finally ended when the Havre (Montana) School District settled two lawsuits - a Federal suit and one filed in State District Court. These documents also include a letter from a union representative stating, " This is nothing more than a witch hunt." Yet the union continued to allow the school administration to harass, bully and bring harm to me.
These two lawsuits resulted from a single incident that, had it been handled differently and under the light of public scrutiny, would not have snowballed into awards of more than $200,000 worth of damages. Funds that eventually came from the taxpayers' pockets. Ironically, as a taxpayer in Hill County, my family and I are helping to pay for the damages awarded to me. This covered the attorneys' fees. The settlement did not include my attorney fees, however the district, insurance and taxpayers paid the defendants attorney bills, which exceeded mine. The settlement was made on March 2, 2006."http://www.facebook.com/pages/Dr-Jim-Taylor/125893225652
http://www.facebook.com/pages/Dr-Jim-Taylor/125893225652
http://twitter.com/search?q=DrJimTaylor

Lois Weiner Jersey City, New Jersey
Professor, Elementary and Secondary Education
New Jersey City University
2039 Kennedy Blvd.
Jersey City, New Jersey 07305
drweinerlo@gmail.com
Blog
http://newpolitics.mayfirst.org/blog/5
Democracy Now
http://www.democracynow.org/2010/9/3/educators_push_back_against_obamas_business
RESEARCH INTERESTS
Impact of urban school characteristics on teachers' classroom practice
How race, class, and gender mediate academic achievement
Teachers' work and the school as a workplace. Effects of changes in global political economy on teaching, teachers, and schools
.



23

07 2012

4 Comments

I should clarify that my paid admin leave which is still going on (trial set next year in the spring) allows me to be at home. I will fight this when the time comes but for now I'm enjoying the extra time with my kids.

Are any of these continuances on "paid-admin. leave"? I'm not in the LAUSD but another district and currently on paid admin leave pending a hearing. We don't have a date set, but as long as it's on paid admin. leave then why should I worry?

It depends on your view of life. If you think the days of your life are worth sitting in a "rubber room" or at home from the hours of 8 until 3, enjoy. On the other hand, if you think work is a necessary part of normal human existence, then you have a problem that will adversely effect both your physical and mental health.

In addition, the amount of time all school districts are leaving teachers on paid administrative leave, before moving to get dismiss them and proceed against their credentials with California Teacher Credentialing has become less and less as the move to break the unions and privatize public education moves into high gear.

If you yourself are not a product of dumbed down public education, then you would know that you have been completely denied due process of law in a process that illegally presumes you guilt instead of innocent for a period of time far greater than it would have taken to reasonably determine either your guilt or innocence of the likely bogus charges against you. Those charges have to be "verified" according to the California Education Code, which means that they have to have been made under penalty of perjury- otherwise they are mere hearsay and not admissible evidence. Furthermore, a school district cannot remove you without a verified complaint or a true Skelly hearing, since its power to do so only arises when they have followed the legal requirements of the statute in giving you your due process rights under law.

People who don't know their rights will not have them very long and stand to lose not only their present teaching job, but also the likelihood of never working as a teacher in any school district, if you allow CTC to lift your credential, which will be the next step after you are fired, so that the district can rationalize having gotten rid of you.

No one could ever say that you''re not trying to educate,that is half the battle! Most teachers do not know the very few due process laws that exist to protect the teacher.

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