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Mark Berndt: Miramonte Teacher Paid $40,000 By LAUSD To Resign From School After Molestation Findings

02/10/12 09:10 PM ET  AP

LOS ANGELES -- The decision to pay $40,000 to a former third-grade teacher who has been charged with committing lewd acts on students was the most immediate way to guarantee he would not be a threat to any other student, school officials said Friday.

Mark Berndt was offered the settlement – the equivalent of approximately five months of salary and other related expenses – to drop an appeal of his firing last year, the Los Angeles Unified School District said in a statement.

Berndt was removed from the classroom in January 2011 and dismissed as the Los Angeles County Sheriff's Department was investigating him. He appealed but resigned in June after the settlement was reached.

The settlement was first reported by the Los Angeles Times.

"We were told we could not do any investigation" to avoid interfering with the criminal probe, district general counsel David Holmquist told the Times. "We didn't have any evidence and we couldn't put on any witnesses. We didn't have anything to successfully defend a challenge."

Berndt, 61, recently was charged with 23 counts of lewd acts upon children, ages 6 to 10, accused of feeding his semen to some students during "tasting games" in his classroom from 2005 to 2010.

A second Miramonte teacher, Martin Springer, was fired this week and has pleaded not guilty to committing three lewd acts on one girl in class in 2009. Springer, 49, was freed on bail early Friday, though the Los Sheriff's Department said he was fitted with a court-ordered electronic ankle monitor.

Meanwhile, some parents at a different school said they were angry that they were never told a teacher was charged months ago with molesting four children.

Paul William Chapel, 50, has been jailed on $2.2 million bail since his October arrest. The former third-grade teacher at Telfair Elementary School in Pacoima is accused of molesting three girls and boy in 2010 and 2011. The charges include continuous sexual abuse and committing forcible lewd acts, although details haven't been released.

"We were never informed of this. It's a big shock," parent Sylvia Hernandez told the Daily News of Los Angeles. "We would like to be informed. We'd like to know what's going on with our children in school. ... That's the least we can expect."

School board member Nury Martinez said she only learned about the arrest Thursday.

In a statement, she said that Chapel was removed from school in April but police told the district not to release any information to avoid compromising their investigation.

"I have been at Telfair all morning meeting with parents who are understandably angry and frustrated," Martinez said in a statement.

She was told that school officials will sent a letter explaining what happened and why information was not released.

At Miramonte, students returned to class for the first time Thursday since the entire 120-member staff was replaced in an unprecedented move by the Los Angeles Unified School District.

Only 68 percent of the 948 expected students attended.

The day got off to a rough start with the teachers union president assailing the reassignment of teachers as a stunt and about 100 parents and students blasting the move.

United Teachers Los Angeles President Warren Fletcher said teachers were being "tarred and stigmatized for no reason" and that grievances would be filed against the district on behalf of some 85 reassigned teachers.

Superintendent John Deasy said the makeover was needed to clear the school from a cloud of distrust and suspicion stemming from Berndt's arrest.

The new hires, which include a retired principal, 81 teachers and dozens of support staff, will cost the cash-strapped district $5.7 million, said district spokesman Thomas Waldman. The new staffers were recently laid off and were on a rehiring list.

The district also faces potentially millions of dollars in legal costs as lawsuits are filed. Three lawsuits were filed Tuesday, and claim notices have been filed for at least four other lawsuits.

A number of parents have opted to file lawsuits instead of going to sheriff's detectives because they are illegal immigrants and are afraid they'll be deported.

Assemblyman Tom Ammiano said he will reintroduce a bill this month that will protect children and domestic violence victims from deportation.

Earlier on HuffPost:

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Nine-year-old Ashley Villatoro, left, holds a poster showing an image of former teacher Martin B. Springer as students arrive at Miramonte Elementary School in Los Angeles, Thursday, Feb. 9, 2012. Children are returning to the school where the entire staff has been replaced following the arrests of two former teachers on charges of committing lewd acts with students in class. (AP Photo/Jae C. Hong)
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LOS ANGELES -- The decision to pay $40,000 to a former third-grade teacher who has been charged with committing lewd acts on students was the most immediate way to guarantee he would not be a threat t...
LOS ANGELES -- The decision to pay $40,000 to a former third-grade teacher who has been charged with committing lewd acts on students was the most immediate way to guarantee he would not be a threat t...
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philhellene
Far Left and Proud of It!
09:54 PM on 02/12/2012
Hey, why spend all LAUSD's money on education when they can spend a healthy chunk of it on attorneys, court fees and fines from the dozens of lawsuits just waiting in the wings?
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Alwayspissedoffatsomeone
Fighting for Common Sense
11:38 PM on 02/10/2012
How f'd is our school systems? Another poorly run Government agency. 40K given and a lifetime pension paid in full by the taxpayers. Gotta love those unions.
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HUFFPOST SUPER USER
Michael Ludin
Child advocate
09:55 PM on 02/14/2012
it has nothing to do with the unions. It was expediency. Plain and simple and the right thing to do, though seemingly so wrong -- still the smart choice.
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Alwayspissedoffatsomeone
Fighting for Common Sense
10:51 PM on 02/14/2012
It has everything to do with unions. 40K to drop any appeals to being "fired", which he wasn't. The unions have embedded a policy that always gives the member the option of retiring first, that way the member gets to collect ALL his/her benefits.
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CaliTLC
Pres. Obama's GOT THIS
11:22 PM on 02/10/2012
Nothing other than a GIFT of public funds. Period.
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10:20 PM on 02/10/2012
unions protecting perverts
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HUFFPOST SUPER USER
Michael Ludin
Child advocate
09:55 PM on 02/14/2012
no, the constitution, he has not been found guilty yet
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Alwayspissedoffatsomeone
Fighting for Common Sense
09:19 PM on 02/10/2012
This is your union dollars at work. Disgusting immoral hacks.
08:40 PM on 02/10/2012
Dear MIRAMONTE parents, please contact us if anyone mentions deportation to you. That will not happen. We speak Spanish and we been fighting this district awhile now.
Www.perdaily.com

A national website helping teachers, parents and students in age of school " reform"
08:36 PM on 02/10/2012
It abundently clear the school district worse than criminally indifferent. It has knowingly compromised the health and welfare of these children. It has denied their parents chess to vital information. It has interfered with law enforcement and it has attempted to debrief and silence beleaguered teachers working in these schools. Indeed , John Deasy has shrewdly stirred up chaos and panic in an effor to conceal his culpability for deliberately covering up the truth. I know teachers tried to report these issues and were admonished. So does Mr. Deasy. Now the teachers are being intimidated, confounded and maligned. The children and their families are forced to suffer more. This kind of arrogance, this type of elitism is criminal...no lets call it what it is: evil . If we compromise with evil, we are complicit with it. Deasy and his cronies must go.
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CaliTLC
Pres. Obama's GOT THIS
08:16 PM on 02/10/2012
LAUSD has been paying these kinds of teachers to resign for many many years.
08:45 PM on 02/10/2012
These payments are offered to teachers who tend to be guilty of what they are accused of. Innocent teachers, who make up more than half those "housed" are innocent thus not much of a threat. The district knows teachers are not able to seek much legal recourse and use the extreme situations like this to buffer the reality of their discrimination and.criminality. Many teacher's punished are whistleblowers. This is no doubt why the staff at miramonte was exiled. They will be debriefed, intimidated. My bet is a few teachers DID tell and nothing was done . They were told to be quiet, threatened with thier jobs and maybe harassed. That's proceedure at Lausd.
HUFFPOST SUPER USER
Dan Danson
Politics is where reason goes to die.
09:47 PM on 02/10/2012
It's true: they pay off the real criminals and "house" controversial teachers (usually not the guilty ones). Housed teachers sit there and collect pay because it takes LAUSD so long to figure out what happened (6 months to 2 years). Does a sexual harassment charge really take 6 months to sift through? 2-3 weeks should do it.

The union doesn't do much to help either. The majority of those waiting for a long time for silly reasons get attorneys because the union is useless. It's a terrible system. The answer isn't fire everyone or remove everyone: it's do a quick and reasonable investigation.
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CaliTLC
Pres. Obama's GOT THIS
11:20 PM on 02/10/2012
These payments have been paid to teachers charged with crimes, teachers convicted of sex and drug crimes AND just poor performing teachers.
06:35 PM on 02/10/2012
...And Jerry Brown wants MORE taxes for these corrupt beaurocracies!!!
06:32 PM on 02/10/2012
LAUSD + Teachers Union = PED_0_PHILE ENABLERS!!!
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HUFFPOST SUPER USER
Sandy Goforth
OWS a call to restore morailty to our institutions
06:08 PM on 02/10/2012
Gov Scott Walker proven correct daily.
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Sh00Fly
Here's your 50¢ - You happy?
05:47 PM on 02/10/2012
✱Deasy Wants Changes in UTLA Contract✱
From the L.A. Times:

Op-Ed

The contract L.A. Unified needs
Supt. John Deasy outlines the changes he’d most like to see in a new deal with teachers.
By John E. DeasyJuly 31, 2011
http://lausdinsider.com/2011/07/31/deasy-wants-changes-in-utla-contract/
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Sh00Fly
Here's your 50¢ - You happy?
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HUFFPOST COMMUNITY MODERATOR
MizLiz
Yellow Dog Democrat
05:10 PM on 02/10/2012
The school district paid a pedophile to resign??? This wasn't just an accusation by a student...there were PHOTOS on his COMPUTER. He should be in jail...$40,000? This is getting ridiculous.

This creep will certainly get what's coming to him in prison. let's see the teachers' union stop THAT.
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Sh00Fly
Here's your 50¢ - You happy?
05:35 PM on 02/10/2012
The LAUSD bows to UTLA pressure.
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Sh00Fly
Here's your 50¢ - You happy?
05:39 PM on 02/10/2012
That's due to UTLA pressure.
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HUFFPOST SUPER USER
moonlightesq
04:43 PM on 02/10/2012
Assemblyman Tom Ammiano said he will reintroduce a bill this month that will protect children and domestic violence victims from deportation.

It is the children's parents who are here illegally, not most of the children who attend that school. Does Ammiano want all the alleged victim children's parents, including their relatives, to receive legal status as well?
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RobietheCat
Altruism with someone else's money isn't
06:52 PM on 02/10/2012
That is exactly the idea. Never let a tragedy go to waste.

The worst of it is, if the kid makes a charge, it may allow them and their family to stay legally in the US.