LEXINGTON, Ky. (AP) - When a public school teacher in Kentucky appeals a firing by a superintendent, there’s a good chance a tribunal will reverse it.
Superintendents in Kentucky want to change the system. But a bill introduced this year to replace the three-person tribunal with a hearing officer who is an attorney trained in education policy was unsuccessful.
The Lexington Herald-Leader reports (https://bit.ly/1RGAgkt) Kentucky Association of School Administrators Executive Director Wayne Young has looked at cases dating to 1992 and found that most terminations were reversed or modified. A Herald-Leader review of cases from 2013 to 2015 found similar results.
A teacher in Kentucky can be fired for insubordination, immoral character, conduct unbecoming a teacher, physical or mental disability, inefficiency, incompetence or neglect of duty.
Last year, teachers requested a tribunal in six terminations or suspensions. Only two were upheld, according to state education records obtained by the Herald-Leader under the Kentucky Open Records Act.
The Kentucky education commissioner appoints a tribunal of three people, none of whom reside in the district. It consists of one teacher, who may be retired; one administrator, who may be retired; and one lay person. All are trained by the Kentucky Department of Education. A hearing officer appointed by the commissioner presides over the hearing.
The overturned cases last year included that of a Warren County teacher who allegedly was overheard inviting an unruly student to come to his home and fight him and an Ohio County teacher who was found to have helped a student cheat in a course.
Jeff Walther is a Lexington attorney who represents educators who have been fired or suspended. He said the fact that many decisions are reversed shows that superintendents often make termination decisions “based upon incomplete information, or because of factors having nothing to do with the conduct at issue.”
Walther said tribunals usually will impose some punishment based on the severity of conduct, such as a suspension without pay.
But Young said the decisions of tribunals are “inconsistent and unpredictable.
“There is no rhyme or reason to the outcomes we see,” Young said. “Superintendents are reluctant to pursue even strong cases for fear that their decision will be overturned or modified. A better system would allow them to effectively gauge the potential outcome of their case before making the decision.”
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Information from: Lexington Herald-Leader, https://www.kentucky.com
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