The process for removing tenured teachers accused of crimes or malfeasance should be expedited, taking no longer than 100 days from start to finish, concludes commissioned by the American Federation of Teachers.
Prepared by Kenneth R. Feinberg, a lawyer well known for overseeing aspects of damage payments for the 2010 BP oil spill, the proposal calls for a better screening mechanism at the district level to weed out allegations without merit. Impartial hearing examiners would hear legitimate cases and issue a binding ruling.
Though much of the proposal would rely on better documentation of evidence by districts and unions, it has implications for state legislatures, too: Many of its recommendations would probably require changes to current laws governing due process hearings.
The proposal does not address dismissal for other reasons, such as poor classroom performance.
AFT President Randi Weingarten indicated that she supports the proposal, but it won鈥檛 become a formal part of AFT policy before the union鈥檚 executive board takes it up for a vote in February. In an interview, Ms. Weingarten acknowledged that her endorsement might make some members uncomfortable.
鈥淪ome people will tell me I鈥檓 doing the wrong thing,鈥� she said. 鈥淏ut the fact that there鈥檚 been an inability to have the right structures to deal with people who shouldn鈥檛 be teaching doesn鈥檛 mean we shouldn鈥檛 correct that.鈥�
The AFT asked Mr. Feinberg to revise procedures for disciplining teachers as one piece of a larger plan to examine teacher due process. (鈥淎FT Chief Vows to Revise Teacher-Dismissal Process,鈥� Jan. 12, 2010.) Critics of due process rights, typically granted to teachers after three years of service, contend that the protections make teacher dismissals too costly and time-consuming.
Mr. Feinberg鈥檚 proposal says, first of all, that the criteria for dismissing teachers for malfeasance should be much more specifically defined than such terms now enshrined in state codes as 鈥渋mmorality,鈥� 鈥渦nprofessional conduct,鈥� or 鈥渘eglect of duty.鈥�
The memo gives examples including, among other acts, conviction or allegation of a felony; improper use of force against students; sexual abuse or harassment; excessive absenteeism; or alcohol and drug abuse.
The new criteria would be at the heart of a two-stage process for adjudicating claims. Teachers would not lose pay during that time unless formal charges of a felony or other such crime were also filed.
At the first stage, parties alleging misconduct would bring the matter to the teacher鈥檚 principal. If the principal chose to pursue action, he would compile a detailed complaint listing the relevant facts and evidence that support the allegation. The principal then forwards the information to the superintendent, who would determine whether to dismiss the claim; resolve it with the local teachers鈥� union; or, if not resolved within 30 days, advance it to a formal hearing.
At the hearing stage, an examiner chosen jointly by the administration and the union would preside over the disciplinary proceedings. The examiner would render a final decision in writing within 100 days and could recommend termination as well as lesser punishments, or dismiss the charges. Delays could cost both parties fines.
As it stands now, the plan runs counter to some states鈥� statutes. ; several use administrative-law judges or the state board of education.
And according to Mr. Feinberg鈥檚 proposal, teachers could still appeal the hearing officer鈥檚 decisions under laws already on the books in most states.
The proposal doesn鈥檛 address other reasons for firing teachers, such as in the case of those deemed underperforming or 鈥渋neffective鈥� on evaluations.
鈥淭he much more politically difficult question, and ultimately the most important, is what to do with teachers who are ineffective,鈥� said Patrick J. McGuinn, an associate professor of political science and education at Drew University, in Madison, N.J.
Ms. Weingarten has said publicly that evaluation systems jointly shaped by unions and management could supply evidence for due process hearings in those instances. Her union will continue to refine the idea, she said.
