Teacher Jail Break
The “housed teacher” syndrome is a problem created by the teachers unions and administered by an inept school district.
For years, teachers in the Los Angeles Unified School District who have been accused of misconduct have been “housed” as they wait for investigators to figure out if they are really guilty. These so-called “teacher jails” or “rubber rooms” are district offices in which the accused sit, eat, talk to each other and text their friends Monday through Friday during school hours. The “prisoners” cannot be asked to do any office work – like filing or answering phones – which is “outside their regular duties.” Even more ridiculous, they can’t even contact subs to give them lesson plans while they are away.
In a change ordered by LAUSD Superintendent John Deasy, as of May 27th, the doors of the jails were thrown open and the inhabitants are now sentenced to what is tantamount to house arrest. They are required to stay at home during the work day, and are allowed to leave during that time only if they are summoned elsewhere as part of the investigation.
Does it really matter where a teacher is made to sit out their investigation? Not really, but it does help taxpayers if they don’t have to subsidize the care and maintenance of the “jails” and the supervision of the “inmates.” At this time there are about 250 teachers (there have been over 400 in the past) who will now get to stay home instead of reporting to a district office.
Just what crimes do these housed teachers commit? The misconduct can range anywhere from sexual wrongdoing to being verbally abusive, failing to follow rules for standardized tests or even excessively missing work. Also, the teachers are often not told what they are being accused of for lengthy periods of time.
As James Poulos writes in Calwatchdog.com:
The practice highlights a series of sore spots for public education in Los Angeles and, more broadly, in California. On the one hand, teachers guilty of firing offenses are detained for an extraordinarily long period of time – 127 days on average. On the other, the vast majority of accused teachers lose their jobs and benefits when their investigations concluded. Only about 20 percent leave ‘rubber rooms’ and pick up where they left off.
This is all shameful – for the taxpayer, for the 20 percent ultimately found “not guilty” and for the teachers’ students who have to be taught by subs during the lengthy investigative period. LAUSD needs to hire many more investigators and resolve these cases much quicker. The additional hires would pay for themselves because evidence tells us that most of the teachers will be found guilty or quit before going through the pain of a trial. That will save the district and state the cost of the teachers’ salaries, health benefits and additional pension accrual, as well as outlay for hiring subs.
LAUSD showed its insouciance in another way recently. On May 1st, it was revealed that the district destroyed documents that may have held key evidence in child abuse cases. Included in the shredding was crucial ammo in the case of Mark Berndt, second grade teacher and legendary semen-topped cookie server at Miramonte Elementary School who is now in jail…the real kind.
Then just a few days ago, we learned that a Superior Court judge has ordered LAUSD to pay a $6,000 penalty for denying it had photos that show alleged sexual abuse at Miramonte. (Please keep in mind that these are the folks who are in charge of educating 600,000 students In Los Angeles!)
But there is plenty more blame to go around for teacher jails. Why do we have them in the first place? There are no “bank teller jails” or “pastry chef jails.”
Because the teacher unions are all powerful, that’s why. It’s all due to the arcane and unconscionable dismissal statues, brought to us by the California Teachers Association and their cronies in the state legislature.
(L)ess than 0.002% of California’s hundreds of thousands of teachers are dismissed for unprofessional conduct or unsatisfactory performance in any given year. This compares to the 1% of other California public employees dismissed annually for unprofessional conduct or unsatisfactory performance and the 8% of private employees dismissed annually for cause.
But there may be help on the way.
- Create a separate, expedited hearing process after a school board has voted to fire a teacher for egregious misconduct.
- Impose a seven-month deadline for the administrative law judge to issue a decision in all dismissal cases, unless the judge agrees to a delay for good cause.
- Clarify the law to allow districts to suspend without pay teachers charged with egregious and immoral conduct.
- Prohibit districts from cutting deals with teachers to have charges of misconduct expunged from their record – potentially enabling them to relocate to an unsuspecting district.
- Permit allegations of child abuse or sexual abuse more than four years old to be introduced as evidence.
- Permit dismissal charges for egregious misconduct to be filed at any time, not just during the school year.
Then there is the Students Matter case (Vergara v California), which should be resolved within the next five weeks. If the judge rules for the plaintiffs, seniority, tenure and the dismissal statutes will be excised from the state’s education code, making it considerably easier and less expensive for school districts to get rid of criminal and low-quality teachers.
But until then, we are left with a bumbling school district and a teachers union that is hell-bent on protecting every last dues paying member, no matter how incompetent or evil they may be, all the while sacrificing children and hosing the innocent taxpayer.
Privatization or home schooling, anyone?
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.