RANT
UPDATED to discuss newspaper editorial on the need to fire teachers convicted of felonies.
July 24, 2007 - A school can't fire a teacher who was sentenced for her fourth DUI. The school district doesn't have a policy for dealing with convicted employees, and they probably never will since collective bargaining would likely be required because the grounds for termination are laid out in each union's contract.
Kathleen Burley, 47, was the teacher who kicked one officer in the groin, bit another and had to be wrestled to the floor. She was sentenced to 4 1/2 years and 10 years' probation. TT - LINK She was found guilty of three counts of assault and battery on a police officer. Despite all that, the school claims they can't fire her. The responsibility is, apparently, on the Massachusetts Department of Education.
TT - It's up to the Massachusetts Department of Education to revoke her license, but don't expect much. They found no cause to revoke the teaching license of a Weymouth health education teacher who was convicted of his fifth drunk driving conviction last December. TT - LINK
UPDATE July 25 - The Gloucester Times editorial ("Felony policy needed in schools") on the need to adopt a school policy that would "state that felons have forfeited their right to work in the local schools." They write:
This is particularly important regarding alcohol abuse. Alcoholism is a disease, but drunken driving is a crime.TT - The editorial board of the Gloucester Times doesn't link to the collective bargaining agreement between their school committee members and the Gloucester Teacher's Association. Nor, the Gloucester Policy Manual, also online, that clearly states in Section note GBEC that
School leaders regularly tell students that there will be harsh consequences for drinking and driving. That message will be lost if students see that such consequences don't apply to faculty.If anything, the standards for teachers ought to be higher.
They are supposed to be setting an example for students.
disciplinary action will be taken in accordance with contracts negotiated by the Gloucester School Committee with the bargaining unit representing the employee.Source: Policy Manual PDF Section G pg 5
The bargaining agreement includes this proviso: "Teachers shall not be officially reprimanded, officially disciplined, dismissed reduced in rank or compensation, or denied a salary increase of any kind without just cause." Pg 37 B1
Just cause is explained here.
In other words, they can't fire a teacher who is convicted of a felony without the express consent of the union, who, otherwise, can file a grievance and can tie the school board, school and school administrators in legal tangles that could last months. Or years.
