logo-CTC-2.pngSince finishing my three day teacher credential revocation hearing before the Office of Administrative Hearings (OAH) and Judge Eileen Cohn on Wednesday, February 14th, I have been very gratified to have received numerous calls and emails from all over this country asking how my hearing went. The fact that I am unable to answer this question presently or in the forseeable future speaks volumes about a completely compromised legal procedure that is by its very nature designed not to bring justice in a timely manner, but rather to protract the process to the point where one gives up, like most unjustly targeted teachers do when faced with this neverending and prohibitively expensive process...that never ends?

I say never ends, because after Judge Cohn tells me after the formal hearing that I need to have my rebuttal and closing arguments in by March 14th and that she will have her decision by April 15th, she then proceeds to tell me that neither I nor the Attorney General representing California Teacher Credential (CTC) will be notified at that time of her decision. Rather, she will send her judgment to CTC, which she believes- but is not sure- will then have somewhere between 90 and 120 days to come up with their own decision. And get this, CTC is under no obligation to follow her decision either to revoke or let me keep my credential. Rather, CTC can make a decision on their own and in complete derogation of OAH and Judge Cohn to either revoke or let me keep my credential or something in between. So one might reasonable ask: If CTC is under no obligation to follow Judge Cohn's OAH decision, why do we have an OAH hearing in the first place? Let me know if you have a good answer.

And of course, the intrinsic value of the OAH hearing was further called into question by the legal principle of collateral estoppel, which stands for the legal notion that issues that had been already litigated at my earlier hearing before the OAH having to do with my firing by the LAUSD Board could not be relitigated in this proceeding, even though virtually all my whistleblower defenses and evidence as to falsification of attendance, grades, high school graduation and procedures dealing with student behavior had been systematically ruled inadmissible in the earlier OAH proceeding, instead of being admitted as motive for my targeting.

But my favorite ruling by Judge Cohn was in her allowing a 53 second segment of a video evidence by the California Attorney General (AG) as attorney for CTC to show that I was a racist. However, when I wanted to offer videos of my own to show that I wasn't, they were deemed by Judge Cohn to be inadmissible... until I pointed out to Judge Cohn that the AG's admitted video was only a 53 second segment of one of my 12 minute videos that she had just refused to admit into evidence. Yes, even Judge Cohn finally had to reluctantly admit that this video was relevant as to the context of the AG's video and she allowed this complete video to be admitted- but not the others. By the way, the topic of this video had to do with a racist LAUSD public education system that systematically continues to deprive minority children of an equal education 64 years after Brown vs. Board of Education said it must.

However the very reality of having this hearing to lift my teaching credential in the first place is even more bizarre when one realizes that I was placed on unpaid administrative leave pending firing by LAUSD in November 2010 and that the statute of limitations for CTC's bringing an action to revoke my credential has now in 2018 long passed. So although this should have legally precluded this OAH action against me, as of this writing it has not seemed enough to have Judge Cohn rule on it before a hearing to lift my credential that as a matter of law is barred by the statute of limitations.

It is also worth mentioning that since LAUSD suspended me and put me on unpaid administrative leave pending termination in November 2010, I have renewed my credential twice with CTC. One would think that if I was truly the racist they claim that I should have been denied these renewals..

And as I finished writing this article, I just got a call from a fellow teacher who tells me he is under pressure from his principal to raise the grades of his students, even though this is not warranted. He tells me that given my situation, he plans to knuckle under and do what he knows is wrong. What would you do?.


02 2018

1 Comment

I wrote this to Diane Ravitch my friend AND COLLEAGUE who is the foremost voice of education in America, one of Politcio’s 50 most important Americans,  and SHE was FORMER UNDER SECRETARY OF STATE FOR 2 ADMOINISTRATIONS, who wrote:
* How Not to Fix Our Public Schools
* Reign of Error: The Hoax of the Privatization Movement and the Danger to America's Public Schools.
* The Trump Devos Demolition of American Education
*Detroit: The Broken Promise of School Privatization

The ploy in the plot to end an educated America while making money for the billionaire class has never changed, and now, it is aimed at the ’teachers’ at the universities… that is… if they want to keep their tenure.®ion=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region

It is all about LEARNING! Or, it was, until Bush decided to leave all children behind, and turn the schools over to the ‘education businesses.’ Then the shills of the EDUCATIONAL INDUSTRIAL COMPLEX — like Duncan, Rhee, Klein, Broad, Moskowitz etc., etc., ad nauseum — could control the conversation demand that teachers be evaluated… the ploy to remove their voices, and subvert the real conversation which should be WHAT LEARNING LOOKS LIKE so the public would be Bamboozled ! Now, the people are sendning their ‘kids’ to college, and the only thing that too many bright young people get, is a load of debt, becasue they lack the skills needed to do the work of any job…thinking, analyzing and planning.

And in LA, Lenny Isenberg who blew the whistle on social promotion and over a decade ago, was taken out of his wonderful practice in handcuffs, is in court where he is fighting to keep his teaching credentials… unlikely in Eli Broad’s backyard, where he owns the justice system and the legislature. Go here to this chronicle of the LAUSD war on teachers, and learn how the second largest school system in the nation went after a teacher who told the truth.
Watch out college ’teachers.” This ploy works!

BTW WHO AM I -- In 1998, based on the assessment of my teacher-practice by the Learning & Research Development Center, at the University of Pittsburgh, which studied my teacher-practice after I was chosen to participate in THE Standards project , I was awarded the NYSEC (New York State English Council)) "Educator of Excellence of Award," a much coveted and PRESTIGIOUS award. I have been included five times, in "Who's Who Among American Educators"
I write about Education at Oped News.

Leave a comment