Josephine Lucey / commentary
Apr 28, 2014

Josephine Lucey

Josephine Lucey

One of the more unsettling issues in K-12 education is how we deal with teachers who harm children. Because nigh teachers are committed, caring professionals, we are all the more shocked and betrayed when we learn of a instructor who poses a threat to students. It'due south as if our sense of condom and order has been pulled from nether the states.

Sadly, when these rare incidences occur, the policies in place to deal with them are paralyzing. It may accept years to permanently remove a teacher defendant of "serious and egregious" conduct from the classroom and payroll. Frequently the teachers in these cases achieve agreements that prohibit the reporting of the misconduct. In these cases, the bad actors are rewarded with silence and delays, and for the victims—the children and their families—justice is not served.

In the past few years, several bills in the Legislature accept attempted to repair the flaws in our country'south teacher dismissal process. While they independent provisions intended to streamline the removal process for bad teachers, they missed the mark.

Last year, the California Schoolhouse Boards Association (CSBA) asked Gov. Jerry Brown to veto one of those bills. While well-intentioned, it would take created more roadblocks to removing bad actors from the classroom. The veto of that bill came with the governor's invitation for the Legislature to work with stakeholders, such as CSBA, to come back with a better beak, and nosotros have been working since and then to discover the best possible long-term solution to this serious problem.

Nosotros know that a strong and effective teacher dismissal bill must streamline the process for dismissing teachers in cases involving serious and egregious conduct such as child abuse, sexual abuse and other serious carry that jeopardize student safety.  It must make it more efficient and less expensive to remove any teacher posing a direct threat to pupil safe from the classroom in a fair and judicious style.  Information technology must ensure that testimony and evidence of egregious deport are not limited or restricted. It must put decisions in cases of serious and egregious acts and other charges, such every bit immoral deport and being convicted of a crime of moral turpitude, in the easily of an administrative constabulary judge (ALJ). Our best solution is offered in Senate Bill 843, introduced by Sen. Lou Correa, D-Santa Ana.

While it can currently take up to ii years to complete hearings in these cases, SB 843 establishes that the determination by an administrative law judge be submitted within 12 months of an employee'southward demand for a hearing—a flow of time that is realistic and reasonable. It eliminates the electric current prohibition on the testimony or introduction of evidence on matters more than four years old for charges of serious or egregious bear. It prohibits the practise of districts reaching agreement with teachers to expunge credible complaints from their personnel files and hold dorsum reporting to the Commission on Teacher Credentialing.

With the current onerous and protracted dismissal process coupled with the prospect of paying the employee's chaser'south fees if unsuccessful, districts often do not pursue charges confronting these few bad teachers, opting instead to settle. In the meantime, they continue to collect pay and may, in some cases, remain in contact with children.

It is time nosotros focus our attention on a solution that targets the very few—but very dangerous—teachers who have no business in the lives of our children.

That said, SB 843 is not the merely bill introduced this year aimed at reforming the teacher dismissal procedure. Two other bills are SB 1164, by Sen. Carol Liu, D-La Cañada Flintridge, and AB 215, by Assemblymember Joan Buchanan, D-Alamo. Information technology was crafted without the involvement of the school officials who actually conduct these proceedings by a teachers union and a non-profit didactics advocacy system backed by business groups. Those bills take a step in the correct direction merely fall curt in a number of critically of import areas. Because nosotros are sincere in our commitment to a existent solution, we have taken a position to support those bills if they are amended. Each year that passes without new protections for our children ensures avoidable tragedies. We take a chance to exercise this right and the time is now.

Solving this problem has get more than an "issue" for CSBA—it is a passion and mission. And while we take put our middle and soul into crafting what we believe is the best solution, our goal is not to win political victories but to reach meaningful policy change that protects children. We desire, start and foremost, for the Legislature to take action and deliver a strong and constructive nib to the governor'due south desk for his signature this year.

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Josephine Lucey is president of the California School Boards Clan.

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