LaneSig |
05-21-2010 09:05 AM |
Quote:
Originally Posted by Kevin
(Post 1931741)
I can't comment on Texas law, but I could definitely see a possible case against the school for negligent hiring (if the teacher has a history) and failure to protect because of the in loco parentis relationship if that's supported by the law in Texas.
I trust that the lawsuit against both the teacher and the school isn't frivolous. And as to its outcome, I don't really care.
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Addressing the negligent hiring of a teacher with a history. In the state of Texas, when a district hires a teacher who previously taught in another district, the previous district can only give evaluations and if they would rehire the teacher or not. They cannot give specific reasons why a teacher resigned or left a district.
In many cases, there have been charges of "innappropriate relationships" where the teacher was allowed to resign in order to keep their teaching certificate. The districts (IMHO wrongly) often do not wish to have an incident end up on the evening news, so they try to settle the issue quietly with the offer to the teacher to resign without any charges. The teacher is then eligible to apply in other districts because they still have a license/certificate.
I taught with a teacher who came to our school after Christmas break. He was certified and had taught the Fall semester in another district. Personally, this set off all kinds of bells and whistles for me. Teachers do not change positions and especially districts in the middle of a school year (exceptions: when the job is a specific promotion or if the teacher has moved because their spouse was transfered). Want to guess how long he taught at our school before some students began making allegations? Want to guess what happened? 1 year. Allowed to resign with no investigation. Went to teach in another school district.
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