Here’s excerpts from an important story from what’s left of the investigative staff at the LA Times

It’s remarkably difficult to fire a tenured public school teacher in California, a Times investigation has found. The path can be laborious and labyrinthine, in some cases involving years of investigation, union grievances, administrative appeals, court challenges and re-hearings.

Not only is the process arduous, but some districts are particularly unsuccessful in navigating its complexities. The Los Angeles Unified School District sees the majority of its appealed dismissals overturned, and its administrators are far less likely even to try firing a tenured teacher than those in other districts.

The Times reviewed every case on record in the last 15 years in which a tenured employee was fired by a California school district and formally contested the decision before a review commission: 159 in all (not including about two dozen in which the records were destroyed). The newspaper also examined court and school district records and interviewed scores of people, including principals, teachers, union officials, district administrators, parents and students.

Among the findings:

* Building a case for dismissal is so time-consuming, costly and draining for principals and administrators that many say they don’t make the effort except in the most egregious cases. The vast majority of firings stem from blatant misconduct, including sexual abuse, other immoral or illegal behavior, insubordination or repeated violation of rules such as showing up on time.

* Although districts generally press ahead with only the strongest cases, even these get knocked down more than a third of the time by the specially convened review panels, which have the discretion to restore teachers’ jobs even when grounds for dismissal are proved.

* Jettisoning a teacher solely because he or she can’t teach is rare. In 80% of the dismissals that were upheld, classroom performance was not even a factor.

There’s no fixing the UTLA contract or relationship with LAUSD.  It will require starting over with a Green Dot like ‘thin contract.’  It’s a sound HR policy with sensible protection.  Assuming Duffy and Cortines can’t come to an agreement of this sort, it will emerge out of bankruptcy and/or state takeover–both seem inevitable.  

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Tom Vander Ark
Tom Vander Ark is author of Smart Parents, Smart Cities and Getting Smart. He is co-founder of Getting Smart and Learn Capital and serves on the boards of 4.0 Schools, eduInnovation, Digital Learning Institute, Imagination Foundation, Charter Board Partners and Bloomboard. Follow Tom on Twitter, @tvanderark.

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