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Getting Criminals Out of Schools

A new bill would keep pedophiles and violent criminals out of our schools; teachers unions balk. California law firm decides to try an end run.

A couple of weeks ago in Washington, D.C., the House of Representatives passed a bill by a simple voice vote, which stipulated that public schools would be barred from employing teachers and other school employees who have been convicted of sexual offenses or violent crimes against children.

“Keeping children safe is not a partisan issue,” said the chief sponsor, Rep. George Miller, D-Calif. “It’s a moral obligation.”

“Every school employee, from the cafeteria workers to the administrators, to janitors to the teachers, principals and librarians, that everyone” is subject to background checks including the FBI fingerprint identification system to the national sex offender registry, said Rep. Todd Rokita, R-Ind.

Now just whom do you suspect might take issue with such a law?  

Go to the head of the class if you responded “teachers unions.” Both the National Education Association and the American Federation of Teachers sent letters to Congress complaining about the proposed legislation. The NEA missive starts off with,

On behalf of the more than three million members of the National Education Association and the students they serve, we would like to offer the following views on H.R. 2083 to require criminal background checks for school employees, which will be voted on tomorrow. (Emphasis added.)

On behalf of students? Did I miss something here? Has NEA forced students – as they do teachers in 26 states – to become beholden to the union? The rest of the letter is no better, and includes one truly bizarre comment. “…criminal background checks often have a huge, racially disparate impact.”

They do? Which race should get a pass? Would NEA be more in favor of the bill if it had a racially proportionate number of pedophiles? (Note to teachers: ya think maybe it’s time to stop supporting the loopy antics of NEA?)

Over at AFT command central, wily lawyer and union president Randi Weingarten submitted a longer and more nuanced letter to Congress, which includes the usual talking points, but does raise one issue that, at first glance, seems sensible.

We suggest that states with background check laws that are at least as demanding and thorough as those proposed in H.R. 2083 be granted the flexibility and authority to use their own state laws and procedures in place of the new federal rules laid out in the bill.

As a firm believer in the 10th Amendment, I think this is reasonable … on the surface. However, the reality is that the teachers unions, with their vast war chest and political clout, have managed to influence legislation that favors all teachers “rights” over the best interests of children in many states. One needs to look no further than California for a glaring example.

In 2012, California state senator Alex Padilla wrote SB 1530, which would have streamlined the labyrinthine “dismissal statutes” that require districts to navigate a seemingly endless maze of hearings and appeals that all teachers are currently entitled to. In fact, Padilla’s bill, narrow in scope, dealt only with credible claims that a teacher has abused a child with sex, drugs, or violence. But this sensible legislation was quashed in the Assembly Education Committee where the teachers unions’ hairy not-so-hidden hand rules supreme.

Then earlier this year, the teachers unions got behind AB 375, a watered-down, poorly written dismissal bill that, though it would have made some things even worse, was nevertheless passed by both houses of the California legislature. Fortunately, Governor Jerry Brown vetoed it.

So the question becomes how to pass legislation in the many states where the teachers unions are all powerful. Bell, McAndrews & Hiltachk, a law firm in the Golden State, has come up with a solution: bypass the legislature and let the voters decide directly. Last week, the legal team submitted a proposed ballot measure which they are calling the “Stop Child Molesters, Sexual Abusers and Drug Dealers from Working in California Schools Act.”

Should the initiative become law, the California Education code would be amended. The essence of the proposal:

Current law includes loopholes for school employees perpetrating egregious misconduct to remain on the public payroll and earn continuing retirement credit for excessive time after having been charged in writing with committing egregious misconduct and being notified of a decision to terminate employment thereby increasing the dismissal costs to school districts and draining resources from schools and the children they serve.

School employees perpetrating egregious misconduct in California have exploited loopholes to delay and conceal dismissal proceedings manipulating school districts to pay-off, reassign, enter into agreements to expunge evidence of egregious misconduct from district personnel files, and approve secret settlement agreements enabling the school employee to continue to perpetrate offenses in other schools and school districts, thereby infringing on the inalienable right of students and staff to attend public primary, elementary, junior high, and senior high school campuses which are safe, secure and peaceful as guaranteed by the Constitution of the State of California.

Accordingly, the People of the State of California declare that to secure the constitutional guarantee of students and staff to be safe and secure in their persons at public primary, elementary, junior high and senior high school campuses, school districts must have the appropriate statutory authority to expeditiously remove and permanently dismiss perpetrators of egregious misconduct without facing lengthy and costly litigation or creating incentives to transfer the school employee to another assignment, school or school district.

According to LA School Report’s Vanessa Romo, the Attorney General’s office has until Dec. 23rd to title and summarize the initiative. After that, proponents have 150 days to circulate a petition throughout the state and collect 504,760 signatures.

The teachers unions have yet to comment on the proposed initiative, but when they do, rest assured it won’t be favorable. Presumably they’ll rail about the rights of teachers and trot out their usual warnings about the bill’s negative effect on “the children.” Maybe they’ll blather on about how the initiative might disparately affect some unnamed minority. In other words they will do everything possible to convince the public that the initiative is wrong for California. Exactly how low the union will go is anyone’s guess, but as Lily Tomlin once quipped, “No matter how cynical I get, I just can’t keep up.”

How will the voters of California respond to the unions’ barrage of distortions and red herrings that will undoubtedly pollute the public airwaves? If the initiative gets on the ballot, we will find out a year from now. Stay tuned.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Justice Belied

California’s AB375 would do precious little to protect school children from pedophiles.

The impulse to take action to remove pedophiles from California’s classrooms came about as a result of Miramonte Elementary School teacher Mark Berndt having slid through the cracks after committing lewd acts against untold numbers of young children.

After Berndt’s arrest in Los Angeles in February 2012, Democrat state senator Alex Padilla wrote SB1530, a bill which would have streamlined the labyrinthine “dismissal statutes” that require districts to navigate a seemingly endless maze of hearings and appeals. Narrow in scope, the bill dealt only with claims deemed credible that a teacher abused a child sexually or with drugs or violence.

Existing law lets local school boards immediately suspend a teacher under “specified conditions, including immoral conduct.” Padilla’s bill simply would have added language allowing a school board to suspend an employee for “serious or egregious unprofessional conduct.”

But early in the summer of 2012, the California State Assembly Education Committee voted down the proposed law, dutifully satisfying the teachers unions, which had lobbied fiercely to kill it. United Teachers of Los Angeles president Warren Fletcher claimed that SB1530 “solves nothing, places teachers at unfair risk, and diverts attention from the real accountability issues at LAUSD.” (What “real accountability issues” are more important?)

The bill’s death caused a great furor in the California press, with the unions and the education committee’s nay-voters and gutless abstainers bearing the brunt of the criticism. The San Francisco Chronicle wrote that “the influence of the California Teachers Association was rarely more apparent – or more sickening – than in the defeat of SB1530.” (Emphasis added.)

Then, in an attempt to “do something” in February of this year, one of the two legislators who voted no on Padilla’s bill, Assembly Education Committee chairwoman Joan Buchanan, submitted AB375, a similar but watered down version of SB1530. Ominously, it had the backing of the teachers unions and looked poised to pass in July, but it too failed to garner enough votes. However, Senate Education Committee Chair Carol Liu who had supplied the deciding vote then granted a “reconsideration” of the bill, meaning that it could come back to life in a different form.

So earlier this month the bill reemerged, was quickly passed by both legislative houses and now awaits Governor Jerry Brown’s signature. Summing up the teachers unions’ take on this latest iteration, California Teachers Association president Dean Vogel said, “Passage of AB375 addresses our concerns of keeping students safe, safeguarding the integrity of the profession, and protecting the rights of educators.”

But AB375 doesn’t come close to fulfilling its promise to keep children safe.

While there are admittedly a couple of good things about the bill – most agree that AB375 has two important adjustments: eliminating a summer break moratorium on teacher suspensions and ending the statute of limitations on serious allegations – it is seriously flawed, and may give kids even less protection from predatory teachers than they have now.

Former state senator Gloria Romero, who has written extensively against the bill (starting with its earliest version), says,

AB375 mandates a fixed timeline of seven months for any discipline case to be concluded. That sounds nice on paper, but AB375 opponents testified to Liu’s committee, that the time limit becomes tantamount to a “get out of jail free card,” giving teachers facing firing every incentive to delay their case past seven months. (Emphasis added.)

In other words, limiting the investigation and possible legal action to a window of seven months sounds like it would expedite matters, but creates bigger problems in doing so. What happens if it looks like a decision can’t be reached during that time? Could a teacher force the district to settle?

As the California School Board Association (CSBA) points out,

AB375 would enable a certificated employee to challenge a suspension while he or she awaits the dismissal hearing. This new procedure would add time and costs to the hearing process … and make it more difficult to meet the 7-month deadline for completion. (Emphasis added.)

Also problematic is the bill’s retention of the “Commission on Professional Competence.” This panel is made up of an administrative law judge and two teachers, giving the teachers unions a large role in CPC decisions. SB1530 would have eliminated the CPC and given school boards the final say. This was an important reform that the unions could not live with.

The CSBA adds,

AB375 would allow any party to object to the qualifications of members of the Commission on Professional Competence (CPC). Permitting the parties to object to the qualifications of a panel member at the time of selection adds cost and delay to the process without a benefit. At the time of selection, neither party is familiar with the qualifications of the panel members. Filing motions will simply result in delays that will make it harder to meet the 7-month time limit for completion of the hearing.

AB375 has other, even bigger problems. For example, it allows a district to provide testimony of only four abused children. Why this arbitrarily low number? What about the voices of the 5th, 6th and 7th children? Why in good conscience could anyone disallow their testimony? (There were 23 counts against Mark Berndt.)

Also, as education writer RiShawn Biddle points out, the bill stifles districts by preventing them from amending a dismissal complaint to include new charges and evidence of abuse that often come out after a teacher’s acts become publicly known.

This means that a district that learns of even more-heinous criminal behavior during the period the teacher had served cannot bring up information that is relevant to the case itself.

EdVoice’s Bill Lucia, who has been a staunch foe of AB375, identifies yet another flaw in the new bill – that unlike SB1530, which only dealt with teacher abuse via “sex, drugs or violence,” this is a catch-all bill. “… teachers who commit egregious moral violations are lumped into the same dismissal process as lousy teachers who fail to teach students to read.” Instead, Lucia supports a two-tiered system that streamlines the process to remove criminal teachers from the classroom.

StudentsFirst’s Jessica Ng puts the troubling bill into perspective:

It’s disappointing that, by Assemblywoman Buchanan’s own admission, AB375 isn’t designed to protect California’s kids … California’s kids don’t need a teacher dismissal bill; they need a child safety and protection bill.

With the bill heavily favoring teachers at the expense of kids, it is no wonder that the California Teachers Association and the California Federation of Teachers – California’s duopoly – are backing AB375. It is a bleak reminder of who really pulls the strings in the Golden State. The pointed headline of a recent editorial in U-T San Diego said it all: “Fixing California: Teachers unions demonstrate again who controls Sacramento.”

The Sacramento Bee’s Dan Walters echoed this sentiment, writing, “If the unions can have their way on child abuse, they can have their way on anything in the current Legislature.”

One final and almost comical point. As a sop to the unions, there is a tiny piece of AB 375 that has flown under the radar. (H/T Hillel Aron) It states that, “knowing membership of the Communist Party” shall be removed “from the list of reasons a permanent school employee can be dismissed or suspended.”

Yeah, damn the kids, let’s protect pedophiles and Communists!

This crass and immoral politicking is truly vile. The governor must kill this abominable bill.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Lemon Raid

Los Angeles school chief puts children’s needs over those of 600 sadists, pedophiles and assorted creeps. The teachers union is outraged.

In any other field, getting rid of misbehaving or poorly performing employees is a natural and ongoing occurrence. Business leaders who don’t set standards and hold workers accountable will see their clientele shrink. But in the world of teacher union-dominated public education, putting customers first – in this case, children and their parents – is a headline-making event.

Superintendent John Deasy, who has incurred the wrath of the United Teachers of Los Angeles of late, did nothing to endear himself to the union by cracking down on miscreant teachers earlier this month. In fact, with Deasy leading the charge, the Los Angeles school board fired 100, got 200 to resign, and designated 300 more to be “housed” or removed from the classroom pending further investigation. According to Barbara Jones, writing in the LA Daily News,

The personnel files stretched the length of the 15-foot conference table in Superintendent John Deasy’s office, a chronicle of the corporal punishment, verbal and physical abuse and sexual misconduct reported in the classrooms of the Los Angeles Unified School District.

Cuts and bruises. Curses and racial slurs. Caresses and pornography.

In the past, the misdeeds detailed in the teachers’ files would likely have earned the offender a disciplinary memo, maybe a week’s suspension, perhaps a transfer to another school.

Today, they’re grounds for firing.

UTLA, shocked that the historically passive school district actually made a move that benefitted children, was predictably furious. Its leaders characterized Deasy’s actions as a “witch hunt,” claiming that he is “using misconduct allegations to get rid of troublesome teachers and those on the upper rungs of the experience and pay scale.”

Really?

Here are some specifics about a few of the “teachers” who are now out of the classroom:

  • A Westside elementary teacher in his early 60s ‘trained’ his students to give him a full-body massage for 20 minutes every day while he ‘rested.’
  • A teacher at a San Fernando Valley elementary school who disciplined youngsters by locking them in a bathroom or barricading them in a corner using tables and chairs.
  • An Eastside elementary teacher used clothespins to pinch the ears of youngsters who weren’t paying attention to the lesson. The same teacher also discouraged thumb-sucking by putting nasty-tasting disinfectant on kids’ fingers and forced students to scrub their desks using cleanser and their bare hands.
  • A rash of sex-related complaints were made in the weeks after the Miramonte scandal broke, including allegations of tickling and fondling, and inappropriate and vulgar comments made in class. One high school student said a female teacher inexplicably took her along when she went shopping for sex toys in Hollywood. … Nearly a dozen male teachers were fired for pornography found on their district-issued laptops.

A horrified and angst-filled UTLA lawyer, Richard Schwab, sputtered, “… many veteran teachers opt to resign rather than pursue an administrative hearing because they fear losing their lifetime health benefits if the ruling goes against them.”

Schwab may be right. But this raises a bigger question. If a teacher is guilty of committing crimes against children, why does he or she deserve a penny in “lifetime health benefits?” Or a generous pension for that matter? But that is a discussion for another day.

In any event, despite the seemingly good news, this story is far from settled. For those teachers who haven’t taken their health and pension benefits and run, there are still appeals and hearings and then more appeals and hearings. Again, Barbara Jones:

Under current law, teachers who are fired by the school board have 30 days to appeal their dismissal to the state’s Office of Administrative Hearings. It assigns each case to a panel composed of an administrative law judge and two educators – one chosen by the teacher, the other by the district – which reviews evidence and hears witness testimony before deciding whether or not the teacher should be fired. That process may take years, however, and cost the district hundreds of thousands of dollars in staff time and legal fees.

In fact, thanks to our teacher union friends, here is what is laughably called “due process” for teachers in California:

How ineffective teachers are dismissed in California

1. School district must document specific examples of ineffective performance, based on standards set by the district and the local teachers union.

2. If a teacher has been cited for unsatisfactory performance worthy of dismissal, a school district must give the teacher written notice and provide her 90 calendar days to correct.

3. After 90 days, school district files written dismissal charges. If the school board votes to approve dismissal, it adopts official charges and a resolution of intent to dismiss teacher. Notice cannot be given between May 15 and September 15.

4. Once teacher receives notice that she will be dismissed in 30 days, she can request a hearing to be held within 30 days.

5. School board must reconvene to decide whether to proceed. If it proceeds, it must serve the employee with an accusation as set forth in the state’s Administrative Procedure Act (APA).

6. If teacher makes a second demand for a hearing, it is scheduled with the state Office of Administrative Hearings and held within 60 days. The hearing is similar to a civil trial with each side having rights to discovery. 

7. The hearing is held before a three-person Commission on Professional Competence consisting of an administrative judge and persons appointed by the school board and the teacher or her union representative.

8. After the hearing, the commission issues a written decision by majority vote either voting for dismissal or reinstatement.

9. If either the teacher or the school district appeals the decision, it will be heard by the state superior court.

10. Further appeals are heard by the state Court of Appeal.

Sources: California Legislative Analyst’s Office; California Office of Administrative Hearings.

As pointed out by Jones, the stickiest part of the above process is #7 because the unions control the action. The judge is invariably “union-friendly.” The offender gets to pick a teacher to be on the three-person panel. (Ya think he or she might choose a sympathetic one?) The third member of the panel is a teacher supplied by the district, more often than not – you guessed it – another union member. The odds are so stacked that as Matthias Gafni reports,

California has more than 1,000 school districts and 300,000 teachers, yet only 667 dismissal cases were filed with the Office of Administrative Hearings between January 2003 and March 2012, according to the Los Angeles Unified School District’s chief labor and employment counsel, Alex Molina. Only 130 of those actually got to the hearing stage, and 82 resulted in dismissals — fewer than 10 a year.

Last year, State Senator Alex Padilla tried to put a dent in the system by introducing SB 1530, a bill that would eliminate the two teachers from the panel, make the judge’s ruling advisory and leave the final decision up to the local school district. But the California Teachers Association managed to “convince” their “friends” on the Assembly education committee to kill the proposed legislation. Currently, there is a much milder bill, AB 375, making its way around the legislature. It would shorten the interminable dismissal process, but leave the three-person Commission on Professional Competence intact. CTA backs this bill, which is all you need to know about its effectiveness.

How LAUSD’s bold move eventually plays out is anybody’s guess. But whatever the outcome, John Deasy deserves a heap of praise. By trying to rid a noble profession of hundreds of “lemons,” he has done a great service to children and their families, which means of course he will be even more targeted by UTLA. And how that will play out is also anybody’s guess.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Taking Care of Our Children

To have safer schools, where the interests and protection of children aren’t afterthoughts, we must demand more from the administrative-union-legislative unholy trinity.

In light of a second school shooting last week – this one in Taft, California – we have all the usual suspects pointing to their pet causes which they claim will prevent the next tragedy.

The need for stricter gun control, more intensive anti-bullying education, fewer violent video games and more psychologists in the schools will make the rounds just as they did after the horrific mass murder at Sandy Hook Elementary School in December. While these “fixes” sound good, there is no empirical evidence that any of them would have stopped the shooters from doing their dastardly deeds.

Interestingly, that which can be done to stop hateful people from harming our children, school officials are unwilling to do. A good case in point is Eileen Blagden’s story, which I first wrote about in July of 2012 and updated in City Journal last week.

Blagden’s story begins in 2008, when a teacher named Kevin Kirby was arrested for lewd and lascivious behavior and indecent exposure, but not at school. Nevertheless, Kirby’s arrest prompted his suspension from teaching at Leal Elementary School in the Southern California city of Cerritos. The following year, while awaiting trial, Kirby pleaded guilty to an unrelated trespassing charge. A jury ultimately found him not guilty on the sex-related charges, though he was required to “stay at least 100 yards away” from schools in Long Beach. In September 2009, the ABC Unified School District transferred Kirby to Blagden’s school—Stowers Elementary in Cerritos, where he was assigned as a kindergarten teacher.

Almost immediately, Blagden told me, Kirby began showing signs of irresponsibility and instability. He was absent frequently and would often fall asleep in class. Kirby’s fellow kindergarten teachers reportedly feared him, calling him a “ticking time bomb.” On January 26, 2010, Kirby had an accident on his motorcycle on his way to work. Despite being bloody and distraught, he refused medical assistance from paramedics and showed up at the school. Blagden had kept a wary eye on Kirby. With the accident, her concern grew into alarm, especially when Kirby began talking about suicide and killing Stowers’s other two kindergarten teachers.

Blagden went to her school district and local teachers union with this ominous story and was assured that they would handle it. However after no action whatsoever was taken by the bureaucrats, and worried about her teachers and students, Blagden broke protocol and went to the police. Her reward for doing the right thing was first getting demoted and then losing her job.

This administrative concern for image over children played itself out at Penn State where serial pedophile assistant football coach Jerry Sandusky damaged many young lives during a 14 year period. After this ugly series of events came to light, former FBI director Louis Freeh released a report which stated that these school leaders conspired

… to conceal child sexual abuse allegations against assistant coach Jerry Sandusky for more than a decade, choosing to preserve the university’s reputation over protecting the victims of a pedophile….

(They) showed “total disregard” for the abuse victims, concealed crucial information and failed at least twice to act on sexual assault accusations against one of their own because they feared the consequences of bad publicity on the university….

Not to be outdone, California legislators – cowed by their teacher union masters – showed they could be just as prone to turning a blind eye to evil as school administrators. After serial pedophile school teacher Mark Berndt got away with sexually abusing children for years, the Los Angeles Unified School District asked the state legislature to change existing law to speed up the process of removing such teachers. As I wrote in July,

State senator Alex Padilla, a Los Angeles Democrat and former L.A. city councilman, wrote Senate Bill 1530, which would streamline the labyrinthine “dismissal statutes” that require districts to navigate a seemingly endless maze of hearings and appeals. Padilla’s bill was actually quite narrow in scope, dealing only with credible claims that a teacher has abused a child with sex, drugs, or violence. Existing law lets local school boards immediately suspend a teacher under “specified conditions, including immoral conduct.” Padilla’s bill simply would add language allowing a school board to suspend an employee for “serious or egregious unprofessional conduct.” Garnering strong bipartisan support, Padilla’s bill sailed through the state senate in late May on a vote of 33 to 4.

The state assembly, however, is a stronghold for the California Teachers Association, which strongly opposes SB 1530. Before and during the hearings on Padilla’s legislation in the assembly education committee, union leaders and their confederates launched a propaganda effort against the bill, deploying all their standard talking points. The union maintained that SB 1530 was nothing more than a “teacher-bashing bill.” It was too cumbersome, too expensive, and would kill due-process rights. It was demoralizing and even “un-American.” Though these attacks were transparently unfair, legislators got the message. The bill needed six “yeas” from the 11-member committee to pass; it received only five, with two “nays” and four abstentions.

So while school administrators, union officials and state legislators bluster about the need for more anti-bullying programs, gun control, etc., it would behoove them to repudiate their perverse save-our-butts attitude which places image, teachers’ “rights” and protocol over the health and welfare of children.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

Damning the Children

Protecting image and turf in the face of evil is unconscionable.

As if the Jerry Sandusky fourteen year long child abuse tragedy hasn’t been painful enough, former FBI director Louis Freeh released a report last week that condemned Penn State’s legendary football coach Joe Paterno as well as other school leaders for conducting a massive cover-up. The report said that Paterno, University President Graham Spanier et al agreed

… to conceal child sexual abuse allegations against assistant coach Jerry Sandusky for more than a decade, choosing to preserve the university’s reputation over protecting the victims of a pedophile….

(They) showed “total disregard” for the abuse victims, concealed crucial information and failed at least twice to act on sexual assault accusations against one of their own because they feared the consequences of bad publicity on the university….

Clearly the brunt of the evil lies at the feet of Sandusky, the depraved assistant coach who sodomized young boys. But what can be said of the people who knew about Sandusky’s repulsive acts and did nothing? While Sandusky is guaranteed a special place in the ninth circle of Hell, what about Paterno and the others? Sorry, Coach. Your legacy will not be that you were the winningest college coach in history, but that you and others knew that unspeakable things were being done to children and were more concerned about image than responsibility.

While protecting image will push some otherwise decent folks into moral turpitude, the same can be said for protecting turf. A few weeks ago, at the behest of the California Teachers Association, six members of the California State Assembly education committee refused to sign off on a bill that would have shortened the now endless and expensive process for firing a teacher who abuses children with sex, drugs or violence. As an editorial in the San Francisco Chronicle stated,

The influence of the California Teachers Association was rarely more apparent – or more sickening – than in the defeat of SB1530. The union showed its willingness to defend an expensive and cumbersome process for firing bad teachers at almost any cost – even if that means school districts must continue to spend exorbitant sums of time and money to dismiss teachers in cases involving sex, drugs or violence with students.

Even more disturbing than the union’s predictable dogma was certain legislators’ equally predictable acceptance of it.

These legislators blatantly disregarded their public mandate in order to protect their positions in the legislative body. The teachers union did what it typically does – protect every dues paying member no matter how incompetent, rotten or perverted they are. The union’s laughably transparent defense was that if administrators would follow protocol, bills like SB 1530 would not be necessary. While admittedly school administrators dropped the ball in the Mark Berndt case in Los Angeles, it doesn’t negate the fact that the system is rigged to protect teachers who should not be allowed to be near kids.

For many reasons – including callous dismissal of children’s claims, missing teacher files and operating in a culture of non-accountability – Berndt got away with sexually abusing his students for over 20 years. The system is so perverse that the school district couldn’t get rid of Berndt without going through a lengthy appeals process costing over $300,000. So, when his crimes were exposed, Berndt gamed the system by accepting a $40,000 bribe and retired – of course only after racking up another year of credit toward his pension. Writer RiShawn Biddle succinctly and emphatically gets to the heart of the problem,

Yet those education traditionalists, especially AFT officials in L.A., and their counterparts at the statewide affiliate and the NEA’s Golden State unit, who want to simply blame school leaders for the failure to catch Berndt are also essentially refusing to hold their colleagues responsible. Actually, let me go further: If any education traditionalist tries to use the failures of L.A. Unified as a justification for defending their opposition to making it easier to get evil men like Berndt out of their jobs, then they should look in mirrors and ask forgiveness of their Creator. Because their argument is morally repulsive, intellectually dishonest, and abhorrent violation of one’s obligation to their fellow men and women. An important reason why Berndt was able to perpetuate educational and criminal abuse on the children in his care for so long lies with state laws that effectively make it almost impossible for L.A. Unified and other Golden State districts to dismiss teachers who don’t belong in classrooms.

What happens when an adult does the right thing? Ask seven year veteran principal, Eileen Blagden. In 2010, Kevin Kirby, a teacher who had been suspended from a nearby middle school for lewd and lascivious behavior and trespassing, was sent to Blagden’s school – Stowers Elementary, part of the ABC School District in southern Los Angeles County – where he was assigned as a Kindergarten teacher! (Because it is virtually impossible to get rid of a teacher in California, no matter how incompetent or perverted, Kirby had to be placed somewhere.)

Kirby, after his leave of absence, reported to Stowers “disheveled, stressed, and with blood visibly on his body,” alleging that he was in a motorcycle accident. He was clearly distraught and began talking about suicide and killing two Kindergarten teachers at the school. When Blagden told Carol Hansen, Assistant Superintendent of Human Resources, of the threats, she was stunned when Hansen told her not to mention it to anyone. But after sending Kirby to the hospital, Blagden did not remain silent. In order to protect the involved teachers and their students, she informed the teachers about Kirby’s threats. As Blagden said,

In the wake of the Miramonte Elementary School and Jerry Sandusky sex abuse scandals coupled with the Columbine, Virginia Tech, and Seal Beach tragedies, none of us entrusted with the safety of children can afford to guess at the genuineness of the threat when danger presents itself.

As a result of disobeying a superior, Blagden then was relieved of her duties and eventually “demoted” to the classroom for “poor performance.” Unwilling to accept the district’s action, Blagden filed a lawsuit alleging retaliation for whistle-blowing.

Then, on July 6th the court ruled that the district fabricated evidence when it said that Blagden was demoted before she went to the police. In what will undoubtedly make it into the deer-in-the-headlights wing of the deposition hall of fame, the former and current ABC Superintendents hem and haw and bob and weave their way through the tough and forthright questioning of Blagden’s attorney Ron Wilson.

As these three cases show, when protecting image and turf become paramount, our institutions become nothing more than a Potemkin villages. Until we reach the point where those in positions of authority make morality their number one priority, evil will prevail. When this evil invades our schools, children are the victims. And any society that abuses children on a regular basis is doomed to fail.

About the author: Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.