Showing posts with label Bullying. Show all posts
Showing posts with label Bullying. Show all posts

Wednesday, December 12, 2012

THE 11 BASIC POSITIONS FROM WHICH ADMIN CAN WRONGFULLY DESTROY AN EDUCATOR:



THE 11 BASIC POSITIONS FROM WHICH ADMIN WILL RAPE AN EDUCATOR: LAWLESSNESS AND THE PRICKS THAT GET PAID TO PERPETRATE IT ON YOU! 

Thanks again to the hard work of Lenny Isenberg

 Not if, but when HR or Your site Administor turns on you (for personal or financial reasons) and forces you to grab your ankles; in California you can expect:

1. A complete denial of basic due process of law

2. NO verified criminal charges under penalty of perjury and in front of a jury of your peers as required by law, the constitution and specific Supreme Court Ruling. But you will be suspended pending dismissal none the less.

3. You will be presumed guilty from the onset! Instead of being presumed innocent, a basic right in criminal and civil courts, so too the burden of proof is thrust on the educator without regard to your constitutional rights, US supreme court rulings and hundreds of State Education, labor, and government codes. This is the nature and rule of CA Administrative Law and the OAH.

4. CTA attorneys are supposedly paid to "defend its members." These same firms also take a large piece of other school district's budgets for prosecuting union employees. For instance, the CTA attorneys WILL go along with months to years  of stalling by agreeing to continuance after continuance inspite of stature to the detriment of their clients with the only goal of stringing out their billable hours only to settling the case at the employees expense and often termination. ...CTA then pays them an extra bonus, 40% of the paltry punitive settlement. Too often  the desperate and scared educator IS COERCED by these attorneys INTO SIGNING bullshit entrapment laden agreements.

5. Teachers are now automatically hit with the vague ambiguous "morals charges" under California Ed. Code 44939 to strip them of their right to grievance and arbitration under collective bargaining. Expect the local union to look the other way. Or try to tell you the union legal doesn't protect members from this kind of allegation. An almost certain lie. Even the infamous 'hatchet' ALJ H. James Alher admitted in a hearing, that he could not define the term "Moral Turpitude" yet he allows it as a charge and convicts many educators on its foundation. If in southern California, you are assigned Ahler as the ALJ over your OAH hearing tell your attorney to file an immediate request to have him replaced. This guy works almost directly out of the district's law firm's pockets. He is immune to discipline per Federal rule over ALJ's. Ahler, while driving intoxicated (twice the CA legal limit)  hit and killed a pedestrian in Vista CA.

6. No legal Skelly hearing  will  be provided. A  pre-disciplinary requirement on the district who must required by the 1975 case that states charges and evidence needs to be provided pre-discipline to charged teacher. This is never done. Half the time HR is still trying to figure the best charges to file against the educator. Some times they wont even tell you that the meeting is a skelly hearing, whose subsequent report to the school board for approval will become permanent record.

7. There is no bond provision or other ability to stop teacher from being put on unpaid administrative leave without benefits. How many people can survive under these circumstance and at the same time hire their own attorney in addition? This would cost them $5000 for openers with some teachers already having been fleeced of over $100,000. In Moreno Valley, CA the local is very reluctant to let go of any money for  the defense of  their members. Nor will you be able to look at that attorney's billable hours and retainer fee. Rumor is that each educator has over $20,000 dollars supposedly set aside by CTA. But CTA will never admit the existence of this.

8. Your CTA local provides no legal assistance and will only refer to their local attorneys such as the infamously incompetent Ron Skipper, Matt Singer (and others in Southern California. Happy to sell you out or ignore pertinent laws to ease their work load while collecting their easy money CTA checks.)

9. Example: Article V of the LAUSD/UTLA Collective Bargaining Agreement allows UTLA to bring a consolidated action on behalf of all their teacher members so charged in violation of the Collective Bargaining Agreement, LAUSD's own Bulletin Policies dealing with housing teachers, duration of housing, and who should be housed, and violation of state codes and federal law. UTLA NEVER has done this and makes every effort to keep teachers divided and unaware of each other. Strength in numbers? Check the wording of your contract. Other locals have similar.

10. In no other profession, e.g. lawyer, doctor, accountant, police officer, where the professional is licensed from the state;  will the public employee - educator - be deprived of the constitutional property right to make a living in their trained field without a criminal court conviction of that case and the same charges.

11. My personal favorite is when CTA, that you have paid dues to for years, deprives you of the right to vote in any union election or take part in any union activity. By this bizarre logic, all your district would have to do is put all teachers on unpaid administrative leave and no member would be able to vote to stop them. Huh? Yep! It looks like some districts are trying to do just that.


Wednesday, November 21, 2012

Fontana School Board Member Kathy Binks



A Rare Commodity: Board Member Kathy Binks


Originally published in the San Bernardino
Sun Telegram

Fontana Unified School District

... Discussion on an adult bullying prevention policy was tabled to give board members time to review a proposal "with teeth" that was presented by Board Member Kathy Binks. Binks presented an alternative to the policy, which was drafted by the board's attorney and included in the packet of information board members receive prior to the meeting. 

Binks' proposed a resolution to control "instances of bullying and bullying-like conduct by adults, including, but not limited to, governing board members, toward other adults, including other board members" calls for "governing board members found by a majority of the board, during a properly agendized public meeting of the board, to have violated this policy may be subject to appropriate legal action, public censure and public disclosure of the conduct found to be in violation of this policy."

Binks, who is retiring from the board after 25 years of service on Dec. 12, said she hopes other board members will pursue implementation of this policy.

Tuesday, November 20, 2012

CTA REFUSES TO USE BUT A FRACTION OF IT'S ONE-THIRD BILLION DOLLAR annual INCOME TO onerously and relectantly PROTECT AND DEFEND (some not all of) IT'S MEMBERS IN NEED.

Our's is the first era where Teachers in California Have NO Enforced Rights though dozens of laws, statutes, and codes exist to protect our them. This has come to pass due mostly to the ineptitude and corporate style greed of The California Teachers Association, Our "Union." Sometimes calling itself a "Professional Organzation," not a Union. 

CTA REFUSES TO USE BUT A FRACTION OF IT'S ONE-THIRD BILLION DOLLAR annual INCOME TO onerously and relectantly PROTECT AND DEFEND (some not all of) IT'S MEMBERS IN NEED. It seems fitting you should know the salaries of the people who take an average of $75 per month from each educator (CTA states 325,000, down from over 345,000 members.) 75X325,000.00 = $ 24,375,000 PER MONTH, 12mo.X $24,375,000.00 = $292,500,000.00 per year. CTA is the richest state union in the country and the richest of its type in the world. The same CTA that gave itself through your local representatives, no membership votes were cast, an income increase every year that there have been teacher layoffs - the last six years.



I personally couldn't get a qualified CTA attorney to represent me at all. Inspite the local's CTA representative promising me that "it would be no problem." CTA legal refused to allow me an attorney in an administrative hearing regarding my pending dismissal on a set of out and out LIES by Moreno Valley Unified School District's, HR Drag Queen - Henry H. Voro's. CTA legal also refused an explanation or to provide the total each member is allotted for legal defense.
What are they hiding now?

Saturday, November 10, 2012

Los Angeles school officials are going back 40 years in their internal review of teacher discipline cases - perfect lie to cover firing older higher paid teachers

THIS IS IMMEDIATE FUTURE OF PUBLIC EDUCATION...

Los Angeles (CNN) -- In an expanding investigation into teacher misconduct, Los Angeles school officials are going back 40 years in their internal review of teacher discipline cases in an effort to determine whether any of the instructors should also be referred for possible license revocation, a school spokesman said Friday.

Los Angeles School Superintendent John Deasy has asked the principals at more than 1,000 schools to search the files of the past 40 years for "any cases of possible employee misconduct," spokesman Tom Waldman told CNN.
The 40-year period is a significant expansion from the past four years of misconduct cases that the system has already reviewed.

So far, Los Angeles school officials have referred the discipline cases of 604 teachers from the past four years to state authorities who have powers to revoke a teacher's credentials, officials said.

Of those 604 cases (THIS NUMBER IS FROM HR AT LAUSD, THE ACTUAL NUMBER OF TEACHERS IN LAUSD "Rubber Rooms" MAY BE TWICE THAT FIGURE. )  in which teachers were fired or facing discipline, 60 teachers were accused of sexual misconduct with pupils on or off campus or with minors who weren't students, school officials said.

The California Commission on Teacher Credentialing will investigate 366 of the 604 teacher cases to determine if licenses should be revoked, which is a six-month process, spokeswoman Anne Padilla said. Most of the cases focused on allegations of teacher misconduct that involved student safety.

Padilla said Friday that 122 of the 604 cases were referred back to the school district for further information because the state agency didn't have the authority to investigate.
She also told CNN that 103 of the 604 cases were duplicates and were already being investigated by the agency's committee on credentials. "For the vast majority, no final action has been taken. They are still in process," Padilla said about the 103 cases.
The referral of the cases to state licensing investigators comes as the nation's second largest school system deals with a crisis of teacher misconduct. The district has been reeling from a scandal at Miramonte Elementary School, where two teachers have been charged with lewd acts on pupils, including one teacher accused of putting children in adult-like bondage situations and placing semen-filled spoons at their mouths.

The state license of that teacher, Mark Berndt -- who has pleaded not guilty to 23 counts of lewd acts on pupils -- has been suspended as the state agency monitors his criminal case, and a license revocation occurs upon a conviction, Padilla said. If an appeal to a conviction is made, the suspension of teaching credentials continues, Padilla said.


This week, the California Senate approved a bill that would empower school boards to fire teachers for misconduct and expedite the firing process of instructors accused of offenses involving sex, violence or drugs, said Democratic state Sen. Alex Padilla, who authored the legislation.

The bill now goes to the State Assembly for a vote.
"Because a school board is ultimately responsible for ensuring a safe learning environment, the school board should be empowered to dismiss employees they determine to be a serious threat to the health and safety of students," Sen. Padilla said in a statement.
The lurid allegations at Miramonte prompted the Los Angeles system to do an internal review of its handling of past teacher misconduct cases, and the district determined that 604 cases needed to be referred to state licensing authorities for review, though "a substantial number" of other misconduct cases had already been reported to the state, school officials said.
One parent, Alvaro Salgero, told CNN that he was concerned about child abuse in the school system.

"It tended to be a safe place, but from what I hear, it seems that's not happening in some places," Salgero said. "There isn't sufficient security for children.
"We're able to realize that there wasn't much of an investigation with teachers and they didn't investigate them before giving them a job, and those who suffer are the children, the pupils," Salgero said.

The 604 cases include teachers who were disciplined or were about to face discipline since July 2008, according to Ira Berman, Los Angeles Unified School District director of employee relations, and Vivian Ekchian, the district's chief human resources officer.
The cases also include teachers who were fired by the school board or who left the district after termination proceedings were initiated or while an allegation of misconduct was pending, Berman and Ekchian said.
The system doesn't know whether any of the teachers who were fired or who left the district are still in the classroom in other school districts.
The 604 figure also includes teachers who were suspended for 11 days or more for a variety of reasons not involving sexual misconduct with students, the two officials said.
"The safety of our students is our No. 1 priority," Ekchian said in explaining why the system referred the 604 cases to the state.

The system's internal investigation arose after parental outrage after charges were filed against former Miramonte teacher Berndt, who resigned from the system last year but was not referred to the state for possible license revocation, district spokesman Waldman said.
Berndt, 61, pleaded not guilty in February to allegations he bound young students, then photographed them with semen-filled spoons held at their mouths and three-inch cockroaches crawling across their faces, among other graphic depictions.
"We had not informed Sacramento to revoke Mr. Berndt's credentials," Waldman said.
Berndt is being held on $23 million bond and faces 23 counts of lewd acts on a child. The 23 victims were between 7 and 10 years old, and all but two of them were girls, the Los Angeles County District Attorney's Office said.

Authorities have said they have discovered roughly 600 images allegedly taken by Berndt in his classroom. Los Angeles Unified School District Superintendent Deasy has said Berndt was removed from his teaching job in January 2011 after school officials learned of the police investigation. A teacher for 30 years, Berndt initially challenged the school district's decision to dismiss him. But he eventually dropped his appeal and resigned last spring.
His arrest in January led to broader fallout over the adequacy of safeguards for the school's students and the prospect of more victims.

Days after Berndt was taken into custody, another Miramonte Elementary teacher -- Martin Springer, 49 -- was arrested and charged with three felony counts of lewd acts with a girl younger than 14. He has pleaded not guilty.
The LAUSD board subsequently shut Miramonte for two days, during which the board reconstituted the entire staff in the 1,400-student school. Miramonte is in unincorporated Los Angeles County within the Florence-Firestone area, about six miles south of downtown Los Angeles.

"Because a school board is ultimately responsible for ensuring a safe learning environment, the school board should be empowered to dismiss employees they determine to be a serious threat to the health and safety of students," Sen. Padilla said in a statement.

READ THIS: For every seven teachers brought up on charges by the average school district, one has anything directly to do with students. However, of the former seven teachers, 90% are at or near the top of their pay scale. Of that seven less than 15% are prosectuted by police. STILL, 100% WILL BE EFFECTIVELY FIRED OR DRIVEN OFF.

While time is showing it is actually easy to fire a teacher w/o a cause that would stand up in crimminal or civil court, the same district can't keep one single high school student safe from the violence, gang activities or the drug use on its own campuses. Not a single student can be kept safe until they graduate. IS THIS ABOUT PAYROLL SAVINGS OR REAL STUDENT SAFETY?

The lurid allegations at Miramonte prompted the Los Angeles system to do an internal review of its handling of past teacher misconduct cases, and the district determined that 604 cases needed to be referred to state licensing authorities for review, though "a substantial number" of other misconduct cases had already been reported to the state, school officials said.

One parent, Alvaro Salgero, told CNN that he was concerned about child abuse in the school system.  "It tended to be a safe place, but from what I hear, it seems that's not happening in some places," Salgero said. "There isn't sufficient security for children 

"We're able to realize that there wasn't much of an investigation with teachers and they didn't investigate them before giving them a job, and those who suffer are the children, the pupils," Salgero said.

The 604 cases include teachers who were disciplined or were about to face discipline since July 2008, according to Ira Berman, Los Angeles Unified School District director of employee relations, and Vivian Ekchian, the district's chief human resources officer 

The cases also include teachers who were fired by the school board or who left the district after termination proceedings were initiated or while an allegation of misconduct was pending, Berman and Ekchian said.
The system doesn't know whether any of the teachers who were fired or who left the district are still in the classroom in other school districts.
The 604 figure also includes teachers who were suspended for 11 days or more for a variety of reasons not involving sexual misconduct with students, the two officials said.
"The safety of our students is our No. 1 priority," Ekchian said in explaining why the system referred the 604 cases to the state.
The system's internal investigation arose after parental outrage after charges were filed against former Miramonte teacher Berndt, who resigned from the system last year but was not referred to the state for possible license revocation, district spokesman Waldman said.
Berndt, 61, pleaded not guilty in February to allegations he bound young students, then photographed them with semen-filled spoons held at their mouths and three-inch cockroaches crawling across their faces, among other graphic depictions.

"We had not informed Sacramento to revoke Mr. Berndt's credentials," Waldman said.
Berndt is being held on $23 million bond and faces 23 counts of lewd acts on a child. The 23 victims were between 7 and 10 years old, and all but two of them were girls, the Los Angeles County District Attorney's Office said.

Authorities have said they have discovered roughly 600 images allegedly taken by Berndt in his classroom.

Los Angeles Unified School District Superintendent Deasy has said Berndt was removed from his teaching job in January 2011 after school officials learned of the police investigation.
A teacher for 30 years, Berndt initially challenged the school district's decision to dismiss him. But he eventually dropped his appeal and resigned last spring.
His arrest in January led to broader fallout over the adequacy of safeguards for the school's students and the prospect of more victims.
Days after Berndt was taken into custody, another Miramonte Elementary teacher -- Martin Springer, 49 -- was arrested and charged with three felony counts of lewd acts with a girl younger than 14. He has pleaded not guilty.

The LAUSD board subsequently shut Miramonte for two days, during which the board reconstituted the entire staff in the 1,400-student school. Miramonte is in unincorporated Los Angeles County within the Florence-Firestone area, about six miles south of downtown Los Angeles.

Sunday, September 23, 2012

ADDENDEM TO "AN OPEN LETTER TO GOVERNOR JERRY BROWN"

State panel OKs demotion; fatal crash involved judge


By Onell R. Soto
SAN DIEGO UNION-TRIBUNE
September 21, 2002

(NOTATIONS IN ITALICS ARE PURELY THE OPINION OF THE POSTER)
Judge H. James Ahler, 54, of Escondido, hit and killed a pedestrian in Escondido within an hour of drinking three glasses of wine a year ago,  (BULLSHIT, AHLER IS 6'2 AND ABOUT 260 LB.S. THERE IS PHYSIOLOGICAL WAY THAT A MAN THAT SIZE COULD HAVE REACHED PT. 15 PERCENT BLOOD ALCOHOL, TWICE THE STATE LIMIT ON THREE GLASSES OF WINE. SOUNDS LIKE ANOTHER AHLER LIE: MY OPINION. AT .15 PERCENT MOST DRUNKS ARE SEEING DOUBLE AND SLURRING THERE WORDS. yet THE DA SAID ALCOHOL HAD NOTHING TO DO WITH AHLER HITTING AND KILLING THAT PEDESTRIAN. I REITERATE... BULLSHIT) according to the decision by the California State Personnel Board.

After the fatal Sept. 18, 2001, crash, he served ONE night in jail, pleaded  guilty to "misdemeanor drunken driving," paid $1,200 in fines and had to  attend counseling and ONE session in which victims described the impact of drunken driving on their lives and those of their loved ones, court records show. Ahler has been an administrative law judge with the Office of Administrative Hearings in San Diego since 1994, typically hearing  similar cases in which professionals have their licenses suspensions or revoked

BUT HOW AHLER  SUFFERED HE CLAIMS!
 Because of his conviction, Ahler – who had been promoted in June  2001 from a position paying $102,614 annually to a higher rank as an  administrative law judge specialist, which pays $107,641 – was demoted. HE HAS SINCE MADE UP THAT SALARY DIFFERENCE MANY TIMES OVER - UNLIKE the "discipline" shoveled out to MOST OF AHLER'S VICTIMS OTHER WISE KNOWN AS  "DEFENDANTS" when FORCED INTO AHLER'S KANGAROO COURT. 

WWHATEVER  THE AGENCY WANTS.  PAID FOR BY HUGE LAW FIRMS FOR THESE "Agencys" i.e. Government or school district employees. 

But H. JAMES AHLER KEPT HIS JOB!  How many paychecks a month does Alher get? (Or perhaps he's paid in cash for his services to these agencies and their attorneys?) Ahler told officers when he was arrested that he drank three glasses of  wine within an hour of the crash, according to documents from the  personnel board, which hears appeals from state employees who feel they've been wrongly disciplined.



In Vista Superior Court, Ahler admitted his blood-alcohol level at the time of the crash was .15 of a percent, nearly twice the .08 of a percent at which California motorists are presumed to be too drunk to drive.



Compare "Dickless" James Ahler's own behavior with the average "discipline" afforded most drunks who kill another human while driving intoxicated! Don't take my word look this up yourself. But don't bother asking Sacramento! No one seems to want to talk about Ahler's Behavior. This includes the AG's office, Jerry Brown's office, the supervising ALJ appointed by Brown.

Ahler was not charged with killing 67-year-old Charles Ames of Escondido because his drinking didn't contribute to the death, said prosecutor Evan Miller. He admitted to being drunk while driving but that drunken driving didn't contribute? WOW, I want to be President of a local bar, no pun intended, association.



Miller said Ames (the pedestrian), whose own blood-alcohol level was reported to be .28, crossed against a red light in a dark corner wearing dark clothing. None of a half-dozen witnesses to the crash saw him before impact, he said. (Sorry but that  sort of surprise on the road happens 2-3 times in the experiences of most drivers ,SOBER drivers and in similar circumstances almost NEVER end up in a COLLLISION LET ALONE A FATALITY involving a pedestrian at an intersection. Most are lit anyway.)  How the hell were there six witnesses at four A.M. anyway? Were they all
NNorth County San Diego attorneys?



Defense lawyer Daniel Cronin said Ahler was "not responsible for the death." )
"The pedestrian ran out in front of him,"Cronin said. "It would have happened if he was stone cold sober." (AND NOT PAYING ATTENTION TO THE ROAD, TRAFFIC LIGHTS OR HIS VEHICLES SPEED.)


Ahler challenged the demotion, which took place during the standard probationary period relating to the June 2001 promotion (SO INSTEAD OF REMORSE, ALJ H.JAMES AHLER IMMEDIATELY STARTED TO WHINE AND BITCH IN PUBLIC ABOUT NOT GETTING A $102 DOLLAR A WEEK RAISE)



In his defense, Ahler argued that his supervisors should have simply written a letter disapproving his actions, not taken away his promotion.  He said that, except for the conviction, he continues to do his job well.


Lawyer Everett Bobbitt, who represented Ahler before the personnel board, said the demotion was too harsh, especially because Ahler continues handling complicated cases and deserves the higher rank.

"It's really not a demotion. They're just taking money away," Bobbitt said. "The work hasn't changed at all." But an administrative law judge with the State Personnel Board ruled Ahler violated his duty as a judge by driving drunk. (Yep, he's still doing a piss poor job  that his reputation demands)

"Such conduct does not comply with the law, does not promote public confidence in the integrity of the judiciary and demeans the judicial office," Judge William A. Snyder wrote two weeks ago, paraphrasing the Canons of Judicial Ethics in his decision upholding Ahler's 
demotion.
Snyder said some of the people coming before Ahler might question his impartiality. He noted that Ahler and his colleagues decide whether OR NOT TO FIRE AND DESTROY THE LIVES OF AHLERS JUCICIAL VICTIMS IN MUCH THE WAY HE KILLED THAT PEDESTRIAN - WITH IMPUNITY.

WHY DOES JERRY BROWN AND KAMELA HARRIS ENDORSE THIS FOOL'S BEHAVIORS BOTH ON AND OFF THE BENCH... PROBABLY BECAUSE THEY DON'T WANT TO ACKNOWLEDGE HE AND HIS BEHAVIOR ON THE BENCH EXIST AT ALL. IGNORE IT AND IT WILL GO-AWAY. 

H. JAMES AHLER IS NOT GOING ANYWHERE HIS PRESENCE WITH OAH IS THE FAULT OF THE GOVERNOR AND  ATTORNEY GENERAL KAMELA HARRIS. AHLER WILL BE THEIR RESPECTIVE LEGACYS IN MY MIND WHEN I THINK OF JUDCIAL MISDEEDS

.http://schoolcounselingvideocast.blogspot.com/2012/09/blog-post_14.html

Saturday, September 22, 2012

OPEN LETTER TO GOVERNOR JERRY BROWN - FIRE JUDGE H. JAMES AHLER


August 12, 2012

Honorable Governor Jerry Brown,
Honorable Kamala Harris, Attorney General of California
Honorable Linda Cabatic, OAH supervising ALJ
PRA coordinator
Full Disclosure, Chief News Editor
CNN Regional News Editor

Let me ask what I am sure is and has been known in Sacramento for a decade. What circumstances has allowed a man convicted of killing a pedestrian while driving intoxicated, (by State standards), to remain as an Administrative Law Judge until now? To my knowledge, he was never disciplined for the manslaughter of the pedestrian in Vista, CA where he sits at the head of the North County Bar Association. 

In my opinion, he unofficially sits as paid "in-house Judge" for the likes of a private law firm, Friedman, Fagan and FulFrost. This firm represents almost 420 school districts. Ahler has the well-deserved reputation as executioner over the lives and careers of hundreds of educators. Almost all of these educators are denied the legal due process demanded by law, contract, the CTC and California Ed Code standards for disciplining educators. 

Ahler appears oblivious. Yet H. James Ahler's victim's family is denied closure or justice because Ahler appears to have skated under the radar by virtue of his office and connections made while in that office, according to The San Diego Tribune. Governor Brown, how can someone convicted of a misdemeanor for killing a man walking home while Ahler was about on a drunken stupor - BEHIND THE WHEEL - ever sit in judgment of anyone’s employment?

I have started investigating Judge Ahler’s association with large law firms representing (Government funded) public schools and against educators all at the top of their districts pay scale. Ironic? I am sure I will have a considerable amount more to ask once the investigation is concluded. However Governor Brown Sir, the question remains. How does a man like Ahler sit as lawfully employed Judge in any venue in California under your watch?

Under your watch Sir, you appointed Linda Cabatic to replace the former OAH supervising judge. I am sure you saw the need for change of the quasi-constitutional and quasi ethical tribunal. Despite your efforts, nothing of substance has changed and Administrative Law Judges like James Ahler sit in judgment and in Ahler's case specifically; while having escaped fair judgment himself. Ahler is an example why the OAH is universally seen as the new extension to Public School District’s hiring and firing process and their ability to cull highly paid Educators from the payroll. In turn more educators are having to sue their districts in Civil court to find a remedy. Ultimately, this ends up costing the local tax payers hundreds of thousands of dollars in unnecessary attorney’s fees and judgments every year.

 No Educator enters this process expecting any semblance of 'justice,' especially when agency attorneys can depend on the strategy of a last minute motion to remove a presiding ALJ and without notifying the defendant, pull Ahler in. 

Ahler himself has been suspended for his overt acts to control the outcome of OA hearings in favor of the agency (e.g. OAH hearing Maura Larkins, San Diego.) As Governor, why would you allow the likes of H. James Ahler to represent the OAH of our State? Yet, Ahler remains a dirty little secret of California's legal system. Ahler represents a significant stain on your administration and bane to the CTC's efforts to keep good educators. I hope you will order an investigation of H. James.

FDN’s video “The Cost of Courage.” Richard I Fine's fight against judical corruption, Los Angeles and California.

Thank you for your personal attention to this matter.
Sincerely,



Tuesday, August 21, 2012

"Am I crazy? I believe every child can have an excellent teacher--without firing any teachers?"


TUESDAY, AUGUST 21, 2012

Posted August 21, 2012 by Maura Larkins,

Am I crazy? I believe every child can have an excellent teacher--without firing any teachers!

Lots of kids get stuck for years with various incompetent teachers, but it doesn't have to be that way. We can fix the problem. And save money!

Am I crazy to think this?

HERE'S THE MATH:

Here's the comparison for four classrooms and one extra salary (thousands):

Currently: $60 + $60 + $60 + $60 + $60 = $300

New plan: $90 + $45 + $45 + $45 + $45 = $270

HERE'S THE PLAN:

An excellent teacher could come into each classroom for just a few hours a week and make a huge difference--if that teacher had responsibility for student success and authority to make decisions.

Parents should not need political clout to get a good teacher for their child. Every student should--and could--have a great teacher, without wasting time and energy on the losing battle to fire incompetent teachers.

The truth is that the critical moments in learning don't happen continuously five hours a day. They add up to at most a couple of hours each day, and probably much less. The rest of the time an ordinary, mediocre teacher can handle the skill practice and lesson reinforcement, computer activities, art projects, silent reading (how much skill is needed to be in charge of that?) and so on.

GIVING SUPPORT TEACHERS A REAL JOB

At my old school we were paying a top salary--well over $60,000, for a computer teacher who was very nice, but her job was merely to familiarize kids with computer programs. An aide could have done the job. When the principal (Ollie Matos) tried to switch that computer teacher to giving basic reading and math lessons, the teachers went ballistic. The story became a sensation in the San Diego Press, and a group of angry teachers were named the "Castle Park Five" by San Diego Union-Tribune editor Don Sevrens. Basically, what the teachers wanted was 45 minutes a week in which they could send their students to another teacher. But in my plan, classroom teachers would have this kind of help and relief for more than an entire day each week! The nice computer teacher could become a master teacher!

Resource teachers like computer teachers and language and math support teachers could become master teachers. And let's face it: how much good are those resource teachers able to do? They go around and offer suggestions, but they are really doing the equivalent of passing out band-aids. I would never want such a job. It might be relaxing not to have direct responsibility for student learning, but isn't that the point of being a teacher?

NO MORE ABUSIVE TEACHERS

Academics would not be the only thing that master teachers would be responsible for. Abusive, immature teachers with a habit of undermining students could be overruled and guided by the master teacher.

WE COULD SAVE MONEY!

Why do we pay bad teachers the same amount of money as good teachers? It makes no sense!

Excellent teachers should be paid much more than average teachers, and could be responsible for all students in several classrooms.

Each classroom could have a full-time regular teacher who be paid a lower salary, but would be eligible to become a master teacher. The master teacher would also be responsible for helping and guiding the regular teacher.

Here is a chart of average teacher salaries in the US.

In California the average teacher salary is roughly $60,000 (with a starting salary of $35,000.)

We could allow regular teachers to rise in salary to an average of $45 thousand, and allow master teachers to rise to an average of $90 thousand--for overseeing four classrooms.

Money for support teachers and teacher aides would be switched to master teacher positions in the classrooms. (Of course, special education would still require teacher aides.) Some people who are currently teacher aides could become regular teachers.)

Here's the comparison for four classrooms and one extra salary (thousands):

Currently: $60 + $60 + $60 + $60 + $60 = $300

New plan: $90 + $45 + $45 + $45 + $45 = $270

MEANINGFUL EVALUATIONS OF TEACHERS WOULD BE REQUIRED

Of course, meaningful evaluations of teachers would have to be instituted to make this plan work. Current evaluation systems are worse than useless. My plan would call for frequent observations by both master and regular teachers, but they would observe classrooms in other districts to keep school politics out of the process as much as possible. The observations would have a beneficial side effect: they would allow teachers to get pick up new ideas.

I believe it would be good to use student test scores when choosing who is to be a master teacher, but I don't think it's absolutely necessary. The good thing about it is that it would take some of the politics out of teacher evaluation. It should be noted that although student test scores vary widely from year to year for most teachers, some teachers do get consistently high scores from their students year after year.

Tuesday, July 31, 2012

"Beware the Military-Industrial Complex"

31 July 2012 (Tank manufacturer's lobby)

According to Pentagon sources...
The Pentagon has wanted to stop production of the Abrams Tank for some years, but it's manufacturer, General Dynamics and GD's lobbiests are so strong that the Pentagon doesn't have the courage to stop its production!

This is a clear example of corporate domination of the state. Exactly what President Eisenhower said in his fair-well speech... beware the Military-Industrial complex.

Friday, July 20, 2012

"I Know the Financial, Personal, Emotional and Physical Damage... "

by Lorna Stremcha

I know first hand the financial, personal, emotional and physical damage that can result when school administrators, the Montana Education Association and the National Education Association put their own interests above the students, teachers and the taxpayers of the State of Montana My files contain mountains of paperwork including depositions, declarations of truth, notarized documents and exhibits resulting from an arduous legal process that finally ended when the Havre (Montana) School District settled two lawsuits - a Federal suit and one filed in State District Court. These documents also include a letter from a union representative stating, " This is nothing more than a witch hunt." Yet the union continued to allow the school administration to harass, bully and bring harm to me.



These two lawsuits resulted from a single incident that, had it been handled differently and under the light of public scrutiny, would not have snowballed into awards of more than $200,000 worth of damages. Funds that eventually came from the taxpayers' pockets. Ironically, as a taxpayer in Hill County, my family and I are helping to pay for the damages awarded to me. This covered the attorneys' fees. The settlement did not include my attorney fees, however the district, insurance and taxpayers paid the defendants attorney bills, which exceeded mine. The settlement was made on March 2, 2006.


I was a tenured teacher at Havre Middle School with a successful work history of nearly ten years. I was approached and harassed in my classroom by a mentally challenged and dangerous person during school hours. His speech and actions caused me fear that I would be raped, or worse. The administration's less-than-positive response to the situation eventually caused me to file a sexual harassment and hostile environment complaint. After making the complaint and following the chain of command within the school system with no results, I filed a Montana Human Rights Complaint with the Montana Human Rights Bureau. This was a dual filing with the EEOC. Upon returning to work the next school year, I found hard-core pornographic emails on my school computer. When I reported these emails to the proper authorities, their response was that "keep quiet". When I asked them to trace the pornography, the administration replied that it couldn't be done.
As I pressed the issue, the administration's reaction was to try to find a way to get rid of me. They embarked upon a series of closed meetings with students and parents in an attempt to discover anything and everything they could use to build a case to terminate me. Students were taken from their class for meetings with the administration and were told to keep the discussions "a secret". While I was never allowed to meet with parents or students to discuss what were obviously fabrications, rumors were rampant. Administration leaks were prevalent although I was continually told to keep silent I also received letters from administration threatening termination. These letters lacked a basis in fact and were simply threats. Such a campaign can take a toll. Admittedly, my teaching suffered. I was afraid to discipline any student in fear that such an action would result in more closed meetings and threats of termination. Grades were questioned. Parents called and met with members of the administration. These meetings were either scheduled for times during which they knew I could not attend or simply held without notification. I was totally isolated. These are only the highlights of a year of harassment and intimidation. Naturally, my health suffered. At one point, I weighed 90 pounds and my physician prescribed medication for stress. In fact, he recommended that I take a leave of absence.


When I returned from that leave, my classroom was bare. My personal possessions were boxed. Student work had been removed, was missing or destroyed. Grades had been awarded in my name that I had not authorized. In response to all of this and other forms of harassment, my union representative said simply, "They can do what they want. They're administration." Finally, I was terminated.


While doing discovery [legal process], I learned that members of the Montana Human Rights Commission, members of the school district's law firm, the Montana School Board Association and Montana Teachers Union all had political ties with the superintendent who terminated me. To make matters worse, he chairs the Board of Public Education. All of these people met to discuss my complaints against the administration. These meetings were not publicized and I was not in attendance. During the same period in which I was under daily scrutiny and discipline, male employees were allowed to use corporal punishment, have inappropriate relationships with students and drink alcohol on school sporting trips. Other topics brought to the attention of the administration during this same period included the treatment of a Native American paraplegic paraprofessional and her Native American students as well as the use of derogatory names referring to women, ethnic groups and special needs children. All these were dealt with behind closed doors. The 
public was never informed and no other teacher lost his job.


Even though I received a settlement, I have been blacklisted and cannot be employed in my chosen career. Sadly, I have lost my passion for classroom teaching and find myself fearful of those who work as administrators in the field of public education. This entire scenario could have been avoided had the school administration been willing to discuss openly and frankly the events that led to my filing the first grievance. (This is almost always the case. Our district administrators and the defected personalities at the helm, keep pushing the illogical and ridiculously expensive personal vendettas in order to keep from having to admit they were wrong in the way they handled things. Sometimes it is out of fear of retaliation of other administrators).   It was filed only after the administration refused to listen to my concerns and only after I was told to "keep quiet". At one point, the administration represented me as a hysterical female whose problem might be "hormonal". All this was done with union knowledge and while I was under a Collective Bargaining agreement. The union was in contact with the administration and was contacted by the administration. They did not protect me nor did they stand up for me. I believe this would not have happened had the Union done their job and not breached their contract with me. Again, these are only highlights.


With truth on my side,

Lorna Stremcha

THIS TEACHER'S STORY ALSO PROVIDES A VERY GOOD REASON TO BEWARE OF OUR UNIONS AS MANY OF OUR MEMBERS HAVE SADLY DISCOVERED. WHAT HAPPENED TO THIS TEACHER, AND MOST OF OUR OTHER TEACHER MEMBERS INCLUDING THE PRESIDENT OF NAPTA, COULD NOT HAVE HAPPENED IF WE HAD REAL UNIONS. AND CONSIDERING THAT MANY OF OUR POLITICIANS RELY ON THE UNIONS WE HAVE FOR THEIR FINANCIAL BACKING, OUR POLITICIANS ARE UNWITTING PUPPETS OF EDUCRAT$ ALL OVER THIS NATION. 








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Back BACKGROUND

This is the fight of our professional careers. Are You In or Out?

What's taking so long? This is the fight of our professional careers. Are You In or Out? "Hell has a special level for those who sit by idly during times of great crisis."
Robert Kennedy

The Art of SETTING LIMITS, Its not as easy as it looks.

Art of Setting Limits Setting limits is one of the most powerful tools that professionals have to promote positive behavior change for their clients, students, residents, patients, etc. Knowing there are limits on their behavior helps the individuals in your charge to feel safe. It also helps them learn to make appropriate choices.


There are many ways to go about setting limits, but staff members who use these techniques must keep three things in mind:
Setting a limit is not the same as issuing an ultimatum.
Limits aren’t threats—If you don’t attend group, your weekend privileges will be suspended.

Limits offer choices with consequences—If you attend group and follow the other steps in your plan, you’ll be able to attend all of the special activities this weekend. If you don’t attend group, then you’ll have to stay behind. It’s your decision.
The purpose of limits is to teach, not to punish.
Through limits, people begin to understand that their actions, positive or negative, result in predictable consequences. By giving such choices and consequences, staff members provide a structure for good decision making.
Setting limits is more about listening than talking.
Taking the time to really listen to those in your charge will help you better understand their thoughts and feelings. By listening, you will learn more about what’s important to them, and that will help you set more meaningful limits.
Download The Art of Setting Limits

SYSTEMATIC USE OF CHILD LABOR


CHILD DOMESTIC HELP
by Amanda Kloer

Published February 21, 2010 @ 09:00AM PT
category: Child Labor
Wanted: Domestic worker. Must be willing to cook, clean, work with garbage, and do all other chores as assigned. No contract available, payment based on employer's mood or current financial situation. No days off. Violence, rape, and sexual harassment may be part of the job.

Would you take that job? No way. But for thousands of child domestic workers in Indonesia, this ad doesn't just describe their job, it describes their life.

A recent CARE International survey of over 200 child domestic workers in Indonesia found that 90% of them didn't have a contract with their employer, and thus no way to legally guarantee them a fair wage (or any wage at all) for their work. 65% of them had never had a day off in their whole employment, and 12% had experienced violence. Child domestic workers remain one of the most vulnerable populations to human trafficking and exploitation. And while work and life may look a little grim for the kids who answered CARE's survey, it's likely that the most abused and exploited domestic workers didn't even have the opportunity to take the survey.

In part, child domestic workers have it so much harder than adults because the people who hire children are more likely looking for someone easy to exploit. Think about it -- if you wanted to hire a domestic worker, wouldn't you choose an adult with a stronger body and more life experience to lift and haul and cook than a kid? If you could get them both for the same price, of course you would. But what if the kid was cheaper, free even, because you knew she wouldn't try and leave if you stopped paying her. Or even if you threatened her with death.



Congress Aims to Improve Laws for Runaway, Prostituted Kids

by Amanda Kloer

categories: Child Prostitution, Pimping

Published February 20, 2010 @ 09:00AM PT

The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:

Shelter: Lack of shelter is one of the biggest vulnerabilities of runaway and homeless youth. Pimps will often use an offer of shelter as an entree to a relationship with a child or a straight up trade for sex. In the past couple years, at least 10 states have made legislative efforts to increase the number of shelters, extend shelter options, and change state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police. Much of the new federal legislation would make similar increases in the availability and flexibility of shelter options.

Police Reporting: Right now, police are supposed to enter all missing persons into the National Crime Information Center (NCIC) database within two hours of receiving the case. In reality, that reporting doesn't always get done, making it almost impossible for law enforcement to search for missing kids across districts. This hole is a big problem in finding child prostitution victims and their pimps, since pimps will often transport girls from state to state. The new bill would strengthen reporting requirements, as well as facilitate communication between the National Center for Missing and Exploited Children and the National Runaway Switchboard

We Must Never Forget These Soldiers, Sailors and Airmen and Women

We Must Never Forget These Soldiers, Sailors and Airmen and Women
Nor the Fool Politicians that used so many American GIs' lives as fodder for the fight over an english noun - "Communism"