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    "You Mean He Would Tape a Meeting?" A Termination Hearing Experience

    Ohania Comment: We read about the Pakter case two years ago, when he was serving a second stint in a Teacher Reassignment Center, New York City's infamous Rubber Room. As Norm Scott observes, not one word has ever been uttered negatively about David Pakter's teaching.

    Pakter wrote about the "teacher disappeared" policy in New York, noting:


    Can anyone be surprised that so many more teachers are being "disappeared" at a time when the person appointed to be the Chancellor of the School System is a former Federal Prosecutor whose job was to- surprise of surprises-"prosecute" people.

    Why are school officials trying to terminate Pakter? Read on. It is crazier than "One Flew Over the Cuckoo's Nest," and I hope Pakter sells movie rights.

    by Norm Scott

    You hear an awful lot about how hard it is to terminate a tenured teacher and how much it costs. You only get the horror stories from the perspective of the anti-tenure crowd. What is often neglected is the issue of why a school system would choose to take a route to terminate in spite of the costs. The David Pakter case is a prime exhibit. I dropped in on David's 3020a hearing yesterday. You could write a book.

    There were the lawyers - NYSUT for David and someone from the DOE. The arbitrator down from upstate. And the principal who had to be pulled from the school for two days. At least. Maybe more. And at least 12 days of trial. All to fire a teacher who has been in the system for 40 years. And not one word has ever been uttered negatively about his teaching.

    What was yesterday all about? David had given watches from his watch company to students as an incentive for getting 90 averages on their report cards. Five watches. And one to a school aide for assisting him. That makes six.

    David certainly knows how to get noticed. He started at the school on Oct. 18, 2006 upon release from slavery in the rubber room for years and was sent back on Nov. 25. Mostly over the watches. (There were more charges for which he was exonerated by the investigators.) That they are going forth with 3020a hearing sat extraordinary expenses to terminate him is bizarre, bizarre, bizarre.

    When I left they hadn't even gotten to the large potted plants he brought as a donation to the school and placed in front of the auditorium. They deemed them a fire hazard and had them removed. Twenty lashes. The school puts on lots of shows. I bet they could have found some use for them. But I'll get more info later on this caper.

    There was lots of discussion on the visit UFT's NY Teacher reporter Jim Calahan made to the school when he was writing an article on David. And David's offer of a $10,000 donation to the school. David is a well-known artist and owns watch companies and he is not doing any of this for the money.

    The key questioning in a superb cross examination of the principal by the NYSUT attorney was about a meeting held on Nov. 3 to discuss the issue. The principal's memory was sketchy. But on direct examination she indicated that David was trying to market his watches in the classes he taught by giving out catalogues and his web site. On cross it came out that he was giving the kids a place to go to choose the watches they wanted. The arbitrator, one of the most respected I hear, perked up. Not marketing, but offering choices of watches. An ah-ha moment.

    There was a lot of detail that I'd love to go into in the future as the process is very enlightening as to the thought process administrators go through. There came a point when after repeated questionning about the details of the things that were said at the Nov. 3 meeting were raised - things that David said there that would go a long way towards exonerating him– the principal said, "This seems like you are reading from a transcript."

    The NYSUT attorney smiled and nodded. The principal issued a gasp. "He taped the meeting," she said incredulously? "Why would he tape an innocuous meeting called to discuss the issue," she asked in shock?

    The NYSUT attorney smiled and said, "Well, we are at a 3020 hearing looking to terminate him."

    The DOE attorney quickly asked for a few minutes to discuss the issue outside.

    — Norm Scott
    Education Notes Online
    2009-06-04
    http://ednotesonline.blogspot.com/


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