A new bill would keep pedophiles and violent criminals out of our schools; teachers unions balk. California law firm decides to try an end run.

A couple of weeks ago in Washington, D.C., the House of Representatives passed a bill by a simple voice vote, which stipulated that public schools would be barred from employing teachers and other school employees who have been convicted of sexual offenses or violent crimes against children.

“Keeping children safe is not a partisan issue,” said the chief sponsor, Rep. George Miller, D-Calif. “It’s a moral obligation.”

“Every school employee, from the cafeteria workers to the administrators, to janitors to the teachers, principals and librarians, that everyone” is subject to background checks including the FBI fingerprint identification system to the national sex offender registry, said Rep. Todd Rokita, R-Ind.

Now just whom do you suspect might take issue with such a law?  

Go to the head of the class if you responded “teachers unions.” Both the National Education Association and the American Federation of Teachers sent letters to Congress complaining about the proposed legislation. The NEA missive starts off with,

On behalf of the more than three million members of the National Education Association and the students they serve, we would like to offer the following views on H.R. 2083 to require criminal background checks for school employees, which will be voted on tomorrow. (Emphasis added.)

On behalf of students? Did I miss something here? Has NEA forced students – as they do teachers in 26 states – to become beholden to the union? The rest of the letter is no better, and includes one truly bizarre comment. “…criminal background checks often have a huge, racially disparate impact.”

They do? Which race should get a pass? Would NEA be more in favor of the bill if it had a racially proportionate number of pedophiles? (Note to teachers: ya think maybe it’s time to stop supporting the loopy antics of NEA?)

Over at AFT command central, wily lawyer and union president Randi Weingarten submitted a longer and more nuanced letter to Congress, which includes the usual talking points, but does raise one issue that, at first glance, seems sensible.

We suggest that states with background check laws that are at least as demanding and thorough as those proposed in H.R. 2083 be granted the flexibility and authority to use their own state laws and procedures in place of the new federal rules laid out in the bill.

As a firm believer in the 10th Amendment, I think this is reasonable … on the surface. However, the reality is that the teachers unions, with their vast war chest and political clout, have managed to influence legislation that favors all teachers “rights” over the best interests of children in many states. One needs to look no further than California for a glaring example.

In 2012, California state senator Alex Padilla wrote SB 1530, which would have streamlined the labyrinthine “dismissal statutes” that require districts to navigate a seemingly endless maze of hearings and appeals that all teachers are currently entitled to. In fact, Padilla’s bill, narrow in scope, dealt only with credible claims that a teacher has abused a child with sex, drugs, or violence. But this sensible legislation was quashed in the Assembly Education Committee where the teachers unions’ hairy not-so-hidden hand rules supreme.

Then earlier this year, the teachers unions got behind AB 375, a watered-down, poorly written dismissal bill that, though it would have made some things even worse, was nevertheless passed by both houses of the California legislature. Fortunately, Governor Jerry Brown vetoed it.

So the question becomes how to pass legislation in the many states where the teachers unions are all powerful. Bell, McAndrews & Hiltachk, a law firm in the Golden State, has come up with a solution: bypass the legislature and let the voters decide directly. Last week, the legal team submitted a proposed ballot measure which they are calling the “Stop Child Molesters, Sexual Abusers and Drug Dealers from Working in California Schools Act.”

Should the initiative become law, the California Education code would be amended. The essence of the proposal:

Current law includes loopholes for school employees perpetrating egregious misconduct to remain on the public payroll and earn continuing retirement credit for excessive time after having been charged in writing with committing egregious misconduct and being notified of a decision to terminate employment thereby increasing the dismissal costs to school districts and draining resources from schools and the children they serve.

School employees perpetrating egregious misconduct in California have exploited loopholes to delay and conceal dismissal proceedings manipulating school districts to pay-off, reassign, enter into agreements to expunge evidence of egregious misconduct from district personnel files, and approve secret settlement agreements enabling the school employee to continue to perpetrate offenses in other schools and school districts, thereby infringing on the inalienable right of students and staff to attend public primary, elementary, junior high, and senior high school campuses which are safe, secure and peaceful as guaranteed by the Constitution of the State of California.

Accordingly, the People of the State of California declare that to secure the constitutional guarantee of students and staff to be safe and secure in their persons at public primary, elementary, junior high and senior high school campuses, school districts must have the appropriate statutory authority to expeditiously remove and permanently dismiss perpetrators of egregious misconduct without facing lengthy and costly litigation or creating incentives to transfer the school employee to another assignment, school or school district.

According to LA School Report’s Vanessa Romo, the Attorney General’s office has until Dec. 23rd to title and summarize the initiative. After that, proponents have 150 days to circulate a petition throughout the state and collect 504,760 signatures.

The teachers unions have yet to comment on the proposed initiative, but when they do, rest assured it won’t be favorable. Presumably they’ll rail about the rights of teachers and trot out their usual warnings about the bill’s negative effect on “the children.” Maybe they’ll blather on about how the initiative might disparately affect some unnamed minority. In other words they will do everything possible to convince the public that the initiative is wrong for California. Exactly how low the union will go is anyone’s guess, but as Lily Tomlin once quipped, “No matter how cynical I get, I just can’t keep up.”

How will the voters of California respond to the unions’ barrage of distortions and red herrings that will undoubtedly pollute the public airwaves? If the initiative gets on the ballot, we will find out a year from now. Stay tuned.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers with reliable and balanced information about professional affiliations and positions on educational issues.

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    One Response to Getting Criminals Out of Schools

    1. Bruce William Smith says:

      We could be saved any California drama with respect to this important issue if the legislature in Washington, D.C., would fulfill its legally required duty to rewrite the Elementary and Secondary Education Act, into which this sensible act of the House would undoubtedly be folded. That means goading the U.S. Senate into action: its Health, Education, Labor, & Pensions committee has passed a reauthorization bill which should be brought to the Senate floor, where it could be amended so as to be reconcilable with the (better) House bill, which, after being approved by both houses of Congress, would then proceed to the president for his signature.

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