[quote=Leorocky]The primary point in this discussion is this simple fact:
When a teacher needs to be let go for whatever reason its LIFO regardless of performance.
This is wrong. Every profession from teacher to CEO has poor performers. The crux of the lawsuit is that by protecting based on seniority, including the poor performers, you “damage” the kids. And not only do you impact one set of kids or one class, you expose decades of kids to the poor performers.
Is it unconstitutional? I have no idea. We do seem to subscribe to the concept of disparate impact in employment law, or at least our government does. This seems similar.
Some quick thoughts on some of the ancillary issues raised in this thread:
Are there “drama” Moms who try to usurp teachers? You betcha. The same type of person exists in the boardroom, the factory and every other type of workplace.
If it’s true that poor performing schools usually have the newer teachers that’s a clear example of the union ignoring the best interests of the kids. The “good” teachers should be assigned to the schools that need them the most.
Teachers don’t need job protection more so than any other profession. People who say things like “teachers will get fired just because…” have never worked in Management in the private sector. Sure it’d be nice to just be able to fire whoever you like, but reality is a complete 360. You have to get through HR and then the outside attorneys. Even layoffs these days are scrutinized for “disparate impact”, i.e. if you’re laying off 100 people and 75 are over 40 years old or female etc. you’re going to be told to go back to the drawing board.[/quote]
This is incorrect. You’re confusing layoffs with remedial action. The only time senior teachers are kept in favor of less senior teachers is when there are layoffs, usually due to budget cuts.
A teacher, irrespective of tenure status, can be terminated for cause; though it’s easier to fire a teacher before he/she reaches tenure status, and this is because they are being gauged to see if they are worthy of keeping when on probationary status. Tenure simply mandates due process when terminating a tenured teacher.
Additionally, I’ve worked in corporate management, and also in education. There is no comparison with regard to the need for additional protection for teachers. No private sector employee is scrutinized in the way that teachers are. Perhaps doctors or attorneys have the same type of liability, but they are insured against these events, and also have their own associations to protect them.
As scaredy said in another thread regarding not wanting to become a foster parent because of the liability, the same risks apply to teachers. They need protection more than most other professionals because they have highly emotional people who are constantly trying to tell them how to do their jobs, and these people (parents, administrators, politicians, etc.) are a fickle bunch who shift from one extreme to another over time…and expect teachers to do whatever they determine is the “in” thing at the moment…or else.
