THE DEATH OF DUE PROCESS
It’s easier and faster to bully a teacher into signing a resignation letter than to advocate procedures of due process.
My recent blogs and podcasts dealt with children bullied at school as well as those adults who bully their peers, AKA administrators (BULLYGATE). If you haven’t done so, please go back and do a quick read/listen. After 46 years teaching in the public school system, out of 23 administrators, I encountered two principals and two assistant principals who actually supported me. If you teach in a district where the admin team has your back, consider it an anomaly.
It’s easier and faster to bully a teacher into signing a resignation letter than to advocate procedures of due process.
DUE PROCESS
This from Cornell Law School: The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.
How does this measure up in the workplace? This article by Paul Falcone for SHRM.org defines it best: Affording due process means recognizing the employee’s right to be informed of unsatisfactory performance and to have a chance to defend himself and improve before an adverse employment action (such as discharge) is taken.
Are school administrators able to manipulate due process in a way teachers have no recourse but to resign? Yes, and it is the BULLYGATE of American Education.
When I began teaching in the 70’s (yes I’m old), due process looked like this in many faculty handbooks:
Administration will identify the problem(s) prohibiting the teacher’s successful outcomes.
Specific changes and actions will be given to the employee in order to facilitate a marked difference in teaching outcomes.
A reasonable timeline, with input from both the administrator and teacher, is activated where at its conclusion, the teacher is reevaluated by a neutral third party.
If the changes and actions of the teacher do not meet the expectations upon the end date, termination of the teacher is not only legal but also ethical.
In my research, due process no longer exists for today’s teachers. Administrators, fellow faculty and parents drill the holes in teachers’ lifeboats. When I was unlawfully terminated in 2017 (without due process), I was tired of the yearly harassment so I just walked away from teaching. My department colleagues appeared to revel in the constant overreach of the administration when dealing with trivial parent complaints against me. And there were many times my own department drilled holes to insure I was rowing a sinking boat. Fading into that sunset appeared, at the time, my only recourse.
When I sat for my End of Year evaluation (EOY) on April 25, 2017, I was met with exasperation from my principal. He assumed I was retiring that year. Upon learning I had not processed retirement papers with the district, the assistant principal slipped out of the office and returned 15 minutes later with an “updated and edited ” evaluation. In fact, the editing was so poorly done that my name was misspelled throughout the new document. Here is the summary comparison of my 2009-2016 evaluations to my final 2016-2017 evaluation:
After comparing the above two evaluations, one of two things transpired:
I completely lost my direction and overnight became a marginal teacher.
The admin team couldn’t fire me because I was tenured and I had one of the most successful programs in the state. They just needed a younger, less expensive and less conservative version of me.
And they got it! Within five months, the program which took me nine years to build was decimated by the new, Generation Y teacher: Eight choirs pared down to five and Special Needs children no longer in the beginner choir but instead placed in the advanced choir, where success would be futile.
TEACHABLE MOMENT
Why do I spend the time summarizing statements and actions of my administrators? A glossed-over narrative of my treatment would not hold the evidence of conviction for the grossly prejudiced administrators I encountered.
The best advice I can give teachers is to remember they remain at the mercy of their principles and principals. I held a close and productive relationship with my administrator. Yet when it came time to defend me, I became his liability. He easily dismissed me, the success of our choir program and my 46 year career.
Principals use site-based management as a way to separate themselves from district handbooks and superintendents’ discernment. No principal should hold the power to harass or dismiss without due process, the superintendent’s support and the school board’s approval. Today’s educational system is broken. Shoving out proven teachers because of age, beliefs or politics will continue to be problematic in fixing the fragmented school districts across this country. Immediate change must be addressed and implemented.
Teaching in a cylinder block classroom with no windows and avoiding dirty school bathrooms for nine years took its toll on me. I wished for a classroom filled with natural sunlight and bathrooms void of death-defying bacteria. A few months after my dismissal, as I sat looking out the windows of my voice studio, I immediately realized my wish granted! In the years since my final EOY, I never have encountered a parent complaint, authority figure’s condescending voice or threats of dismissal!
So why don’t I just move on? After all vengeance is best served on a plate of success. My voice studio has received local, state and national acclaim. Why do I keep writing about the demise of American Education? Because America can do better. Why do I care about teachers? Teachers create the foundation for the future of this country: our children’s ability to learn. Why am I adamant about making school administrators accountable? To end admin teams’ condescending behavior which is driving teachers and future teachers away. It’s all about passion! Those who would silence me as a teacher must now deal with me as an advocate for teachers and students. Rescuing the teachers will save our children and America’s educational system!
Are there ways to stave off these administrative bullies? Yes. Look for my next blog/podcast: Teachers Right to Fight!