House Bill 79 was introduced to address reports of teacher misconduct and even though it became effective several years ago, it is still not clear what "conduct unbecoming to the teaching profession" means. Legislation directed the State Board to define the term for purposes of reporting requirements. However, to date no rules have been filed. Legislation also required districts to keep reports of misconduct in eployee's file. However if ODE doesn't take action on the individual's license, then the report must be taken out of the employee's personnel file and moved to a seperate public file. Majority people are not aware that regardless of where the report of misconduct is kept, the report itself is still a public record and can be accessed. As noted in class, approx eight months after HB 79 was introduced, HB 190 came into effect (11-07), extending criminal record check requirements to all school employees not included in HB79, but licensed by ODE and nonlicensed school employees. Even though HB190 just passed, HB 428 is now the new and "improved" legilation that is in effect to address employee misconduct changes. HB428 requires the State Board to deny or automatically revoke the license of any educator who commits one of more than eighty offenses, and requires districts to remove an employee from the classroom if arrested for "certain" offenses-too open ended.
As Jenny presented in class through the video, if the teacher isn't convicted or the victim doesn't follow-up, the teacher is free to continue teaching. The can go to another school, another district, even another State and not have past "issues" follow them. I believe this is where consistency and standardization needs to come in so that there are standard of practice and professionalism across the board. How do you define professionalism when there are different standars and different criterias among districts and States? Professionalism has to initially come from within ones self. Professionalism is part of one's character. As to paraphrase Jenny from her blog "the people who choose to abuse are somehow lacking character." As for unions hindering or supporting professionalism...they did not hire the teachers, administrators did. The union is there to support those who were hired into the system and who pay their dues so that when they need help, their union rep is there. So, possibly administrators need to do a bit more research/investigation of those who they are hiring and exposing our children to. The schools are suppose to be a safe haven where children are nurtured and educated.
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I think administrators doing a little more research before hiring and a more consistant file would help the matter. It seems ridiculous that some of the information is "lost" when the teacher leaves a position after an accusation and is able to find another. I think a complication in the issue is that people are innocent until proven guilty. Yes, we want to know if someone has been accused or brought to court before, so if it happens again we see a red flag. But, we also don't want innocent people who have been accused to be followed by a label. I tricky issue!
ReplyDeleteAnother issue with this is that a majority of these cases are dropped before they go to court. Would that show up on someone's record or not? Of course they may be let go from their current position, but like we have discussed this does not stop them from securing another job in the profession. It really is a complicated issue.
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