against teachers including terminations are governed by administrative law. It is not the same thing as civil law or criminal law. Administrative law has been described by at least one observer as a "black hole" for school districts to get even more goodies favorable to their side by changing the law.
You find that even when a school district principal violates administrative law and the union contract, they aren't worth the paper they're written on if a hearing officer rules in favor of a school district, which is almost always the case outside NYC. You can appeal the hearing officer's decision, but you have to pay the legal expenses out of your pocket, which are astronomical. You only have 90 days to find a lawyer and begin to appeal it through the court system, at least in Nevada, and it is spelled out by statute the absolute limits one can appeal, and the limits are laughably narrow, such as a hearing officer being tainted with "bias."
If you try to sue in civil court, at least in Nevada, there are no laws for wrongful termination; only federal, and they are extremely narrow grounds. Then you have a problem of finding a lawyer who will take the case knowing districts will drag out cases for years on end. Few lawyers will do it.
So really, those "protections" teachers supposedly have don't actually exist in reality. They have no more rights than a burger flipper or a casino worker.
Here is a horror story from NAPTA warning about administrative law (this is Florida, but it applies everywhere):
Let teachers know that the administrative law realm is a black hole where they can do anything to a teacher for however long they want to. Attorneys demand big bucks up front because there are no damages to recover in administrative law. Also, the lawyer lobby for the school districts and state education departments are each year getting more and more insidious legislation passed in the administrative law so they can destroy any teacher or administrator easily and legally. I have discovered in Florida a new bit of bad law with a word twist here and there is added each year castrating teacher protections and due process.
Also, I don 't know the legal term, but here in Florida teachers are cast into the group of professionals such as doctors and lawyers as professionals who can protect themselves legally (because of the money they make). It 's a joke.
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I talk to new teacher online. They are already getting out of education. Some moved back in with their parents while they retrain. Karen, there isn 't a teacher shortage. There is a shortage of new cannon fodder to be used up. The system doesn 't expect teachers to last more than 7-10 years now. My teacher friends ' children all went into other professions. Not one chose teaching. As much as I love it and am a natural born teacher, if I had to do it over again, I would have chosen a different field. Now that I am so in debt I have no way to pay for retraining and my age is now a factor too.
Karen, I can hold a little respect for the mafia. They are what they are and make no bones about it. They are thieves, killers, intimidators, etc. You know what you 're dealing with when they come to your door.
But in my heart I have come to know that school districts and state education departments are of much worse character and violence. They publicly act so respectably and yet quietly, secretly use the power of the government and self crafted administrative laws to kill off and intimidate innocents. If I had to deal with the mafia or the governmental school machine, I 'd choose the mafia. I know what I am dealing with, the public would be scared but sympathetic and the mafia would do the kindness of just putting a bullet in my head. So much has happened to me Karen that I can 't put it all into words. The public doesn 't care. My community doesn 't care. No one cares. If you are targeted you are alone. I won 't do it, but I understand the mental anguish of going postal. The other staff at the school sees what is happening and that is wrong but they run and not rally in sisterhood against this evil. They are cowards.
What I have belatedly discovered is that unless I had a pile of money and knew my way around the legal system, I will never get justice or be made whole in any aspect of my life. The educational machine are the quiet SS Nazi’s in our midst and no one wants to know or acknowledge the beast for it doesn 't seem to directly harm them. The bell has already tolled loudly for years and was ignored. Now it shall begin coming for them too. It will be too late.
MoreSince school districts almost always prevail in hearings, the hearing officers referring to law refer to other rigged cases to form the basis of their own rigged opinion. So there is virtually NO way a teacher can win in the legal system.