Atlanta Teachers In Cheating Scandal Could Get Another Year Contract

Atlanta Public Schools may be forced to renew the contracts of 90 tenured teachers implicated in one of the nation's largest cheating scandals because of job protection rights.

According to state law, the 90 tenured educators -- of the 120 currently on paid administrative leave for being involved in the scandal -- will be given an automatic yearlong renewal of their contracts on May 15, unless the district terminates them before then, WSB-TV reports.

The district, however, cannot take administrative action to fire those teachers without sufficient evidence -- which is currently being held up in a criminal investigation by Fulton County District Attorney Paul Howard. Howard is looking into felony indictments against the educators for altering state documents, lying to investigators and stealing government funds.

Howard's sluggish criminal investigation has also stalled investigations by the Georgia Professional Standards Commission, which is charged with hearing the cases of and determining sanctions against the implicated Atlanta educators. In the first sanctions imposed in Atlanta's cheating scandal, the commission decided to revoke the teaching licenses of eight teachers and three school administrators. The agency temporarily halted investigations at the district attorney's request, with the intent to resume hearing cases in January and finish hearing all cases by May.

It's unclear whether terminating teachers will be more difficult after their contracts are renewed.

"You just cannot non-renew without the evidence," APS spokesperson Keith Bromery told WSB-TV. "It's better to get this done before we automatically renew them for another year."

The investigations and pending punitive actions come from a two-year investigation released last summer that found widespread cheating among educators in at least 44 Atlanta schools.

Investigators at the time implicated 178 Atlanta educators involved in test tampering, including erasing students' incorrect answers on standardized tests and replacing them with correct ones. The findings shook the country and "stunned" U.S. Secretary of Education Arne Duncan.

The district is spending about $600,000 monthly on the teachers on leave, and the entire scandal could cost taxpayers in the neighborhood of $9 million.

APS in October sought to raise $600,000 to help tutor struggling students affected by the scandal, including students whose test scores weren't directly inflated. The district also agreed in January to repay more than $363,000 in federal money won by teachers and administrators cheating.

Even with the looming May 15 deadline, firing educators in the right-to-work state is costly and complicated. Depending on the case, firing a teacher could take anywhere from days to years.

In Georgia, teachers can be fired for "incompetency, insubordination, willful neglect of duties, immorality, encouraging students to violate the law, failure to secure and maintain necessary educational training and any other good and sufficient cause," according to state law.

"We want it done as soon and as quickly as possible with the understanding that these individuals are entitled to due process," Bromery told The Huffington Post in July.

But "due process is there to slow things down, so you can really get all the facts in any case," Michael McGonigle, counsel for the Georgia Association of Educators told HuffPost at the time.

The termination process begins with a charge letter sent to implicated educators that includes an accusation and a witness list. If the accused chooses not to resign, hearings are to proceed following a 10-day waiting period. Recommendations from the hearing go to the school board, which makes the ultimate decision at its monthly meeting. The losing party then has the option to appeal the decision to the state Board of Education -- a process that could take months.

If the losing party is still unsatisfied, the case can be taken to court, which could take another year and cost an estimated $10,000.

Borquaye A. Thomas, an attorney who is representing several of the implicated teachers, told the Atlanta Journal Constitution that the district will likely elect not to renew the contracts to avoid continued salary payments to those on paid leave. If educators win their case, they will be eligible for back pay.

Comments

[Melissa Irlandez]

10:02 AM on 05/14/2012

The issue I believe is this stupid test. How many hours are wasted in class teaching to this test? Why does one have to prep the kids for a basic test anyway- unless without it most would fail.What does that say over all? How about getting the kids literacy up so they can actually read and understand the questions? If a 3rd grader is reading 80 words a minute can they actually pass this thing? Hell no. How about abolishing kindergarten and start kids age 6 in pre first and really teach them to read? Pre first and 1st grade should be about reading, period. Or if people insist on the free daycare kindergarten provides then have it from 9-12n with 2 hrs of read aloud and numbers, then pre fist etc. Parents don't read to the kids, they don't teach them anything. Kids enter schools knowing nada. I don't understand how in a day with free public library's parents are so dang lazy they can't read or talk to their children. Teachers are saints who have to parent their students because no one else will.

[shelvern]

10:23 AM on 02/28/2012

Legal common sense prevails, prove that the teachers are gulity. I would like to know how AJC and others can tell if erasers were made by the students or teachers.

Teachers should bring suit against the company that was paid to administer the tests. If the acquistions are true, they are the ones who lost control and should be made to pay.

[shaftedbytheleft]

07:14 AM on 02/22/2012

teachers unions should immediately be abolished.

[Sharona Thomas-Wilson]

10:30 PM on 02/27/2012

Teachers in Georgia are not unionized.

[shelvern]

08:08 AM on 02/29/2012

You indicated that teachers in Georgia are not unionized. Without knowing that, the teachers were trying to defend themselves. A teachers union attorney would have told the implicated to shut-up and let the state prove that they did something wrong. The State would be hard press to prove that an eraser was made by the student or the teacher.

The other counties in Georgia should face the same punishment as Atlanta. Let's see what will happen and make justice equal.

[shaftedbytheleft]

07:10 AM on 02/22/2012

on the whole, american teachers suck.

[shelvern]

08:00 AM on 02/29/2012

On the whole, white Americans "suck" Lack of common sense, can't see for looking, inability to listen and form a conclusion, base their decisions on what was told to them the most. generalizations matters the most. Black Americans are trained the same, so they think the same.

[ynt]

06:23 PM on 05/16/2012

I hope you aren't a teacher. You can't form a complete sentence.

[Marx Twain]

04:18 PM on 02/22/2012

Flagged for racist drivel.

[shaftedbytheleft]

05:59 PM on 02/22/2012

truth hurts doesn't it.

[4thepeopleandme]

02:28 AM on 02/22/2012

Teachers would not feel as if they needed to cheat, if the system would allow them to truly teach again, and not place so much pressure on teaching to the TEST.

No child left behind = All about test scores

So sad.

[aralpharetta]

01:13 AM on 02/22/2012

120 Felony Indictments...WOW!

[jimbarry1946]

12:30 PM on 02/21/2012

9,000,000 bucks for lying, cheating "teachers". Way to go National Education Association and/or American Federation of Teachers. These are the people who love and support Obama. Plus it gives real educators a bad name.

[eceresa]

02:24 PM on 02/21/2012

Teachers' unions don't "love and support Obama." Obama's about as anti-union as you are. Maybe not quite; it's possible that he'd see through a biased story about something that had nothing to do with unions and refuse to take the bait.

[tnorthreading]

10:57 AM on 02/22/2012

Belong to a union don't you.

[shelvern]

08:12 AM on 02/29/2012

You may be on to something, I didn't know that the teachers were put on trial. Your comments could apply to our politians: lying, and cheating. When they are caught, they can covience the majority that they did nothing wrong.

[foresure]

11:16 AM on 02/21/2012

What a relief.

It should be reassuring to all teachers that even if they are caught cheating, the system will protect them.

Remember it is the long held positon of teachers that they should never, ever be held accountable for achieving any educational goals. Now they are not being held accountable for being cheaters.

Apparently the only thing they can be fired for is having "inappropriate" relationships with their students.

Of course, that depends on your definition of "inappropriate".

What a beautiful defense:

The district, however, cannot take administrative action to fire those teachers without sufficient evidence -- which is currently being held up in a criminal investigation by Fulton County District Attorney Paul Howard. Howard is looking into felony indictments against the educators for altering state documents, lying to investigators and stealing government funds"

This could go on until most of them retire.

Is there not a single teacher that will "turn" and testify against the others?

Anybody know why the school board thinks the have a "weak case"? Did the board not do their own investigation.

Wait long enough and maybe it will all go away.

Anybody really know what is going here?

The "whole world" knows what happened.

It's sort of like the Sate Police of Mississippi who couldn't find the bodies of the freedom riders who were buried in the dam in Philadelphia, Mississippi.

[Laura Showbiz Taylor]

12:43 PM on 02/21/2012

It's important to clarify the difference between the "system," which implicates the government at local, state, and/or federal levels, and "teachers' unions". Automatic renewals and job safety policies are secured and pushed aggressively by teachers' unions. Because we are a democracy, it is important for public service employees to be protected. Unfortunately, there are times when a well intentioned union creates policies that seem to support those who do bad deeds. The district's hand are actually figuratively tied by the teacher union policies that were intended to protect good teachers. It is not the district or the "system's" fault. This will be resolved, and these teachers, will see ramifications for their actions, regardless of how expedient their punishment may be.

[foresure]

01:35 PM on 02/21/2012

Laura:

I agree with what you are saying about the protection of unions. The problem is that I am not as optimistic as you are the Government has the ability or motivation to correct abuses.

Of course, it is the nature of unions, and it is their proper nature, to extract as many benefits, fair or unfair for their members as possible. That was quite necessary at the beginning of the 20th century and is still important today.

But unions originated to offset the overwhelming power and exploitive nature of big corporations. Which is why, to this day, the Republicans are trying to do "union busting"

The problem is that in the coporate/union adversary model, which I support, it is the obligaton of those representing the corporation to seek the greatest advantage to their share holders. to do much as they can, under the law, to increase profits.

That includes allowing the union members to strike, or lock them out, it they believe, in the long run, that will be beneficial to their shareholders.

We saw an example of that in both the strike by the Communication Workers, and the lock-out by the National Football League. Those were genuine disputes, which resulted in harm to both sides until they resolved them.

It was not at all a "touchy/feely" process.

[foresure]

01:37 PM on 02/21/2012

Laura

Part II

Fanned for a thoughtful post.

The whole relationship between the teachers and their employers is damaged by two factors.

a) Government has no "shareholders It has constituents. The constituents do not expect money, the expect "good goverment", and very low taxes.

b) Those that negotiate with the teachers, are also beholden to the union for generous capaign contributins, especially if they are Democrats.

c) In many states, teachers unions are not allowed to strike.

So you do not have honest (even hostile) "arms length negotiations".

[eceresa]

02:22 PM on 02/21/2012

Uh, the teachers have already achieved educational goals. They're required to have college degrees to be teachers.

They should absolutely be held accountable for providing their students with the education to meet their own educational goals. They should absolutely not be held accountable if their students, for whatever reason, refuse to do so.

[psandysdad]

06:41 AM on 02/21/2012

Seems there are too many rules in place to protect teachers. Wouldn't it be great if the attitude toward students was as good? Or more likely the system needs correction. Why would a good teacher in a working system ever feel the need to cheat?

[eceresa]

02:22 PM on 02/21/2012

If the attitude toward students was the same as the attitude toward teachers, students would have to watch their backs.

[Grouchland]

11:10 PM on 02/20/2012

GREAT - what an argument for Merit Pay! Cheat and get a raise. Does anyone else have a problem with this?

[ifquilt]

10:37 PM on 02/20/2012

Best way to avoid cheating is state testing by proctors during a testing week. The testing companies will make bank!

The teachers will be happy not to do the waste of time testing on America's throw away children. The taken care of kids have no problems with testing. Yet, this country refuses to make the connection, because then voters might have to be held accountable for raising thier children. Blame, blame, blame.

The real problem lies in each schools failing communities as well as federal governement run schools. We are operating the schools as if it were still the 1920's. Only with mountains of paperwork, rules and regulations that can not be implemented no matter how many sanctions they put on the system. Sad, just sad.

Remember folks, public school is a reflection of society.

[foresure]

11:35 AM on 02/21/2012

Ifquilt

Spoken like a true teacher. We have an impossible job, so we must cheat.

What I have wondered, and asked a number of times is this:

If most of what teachers do is a "waste of time", and there are so many "undesirable elements in the school system(minorities, immigrantes, non-English speakers, parents, principals, childish children, terrified administrators, and bought legislators slow learners, too fast learners) that makes the task of Sisyphus look like a vacation,

Why do teachers stay with it?

Teachers agree that they are the best people in the world, filled with love and kindnesss. They are extraordinarily creative and hard working. They are paid so little, that most of them eat watered gruel.

What I would like to know whey stay with it? For the love of it? To "serve mankind".

Careful with the later. It was the title of an Alfred Hitchcock episode about a restaurant that did!

[ifquilt]

01:21 PM on 02/21/2012

Actually "To Serve Mankind" was a Twilight Zone episode!
Did you actually have a point other than your weak attempt to discredit teachers?

I know why I'm here, do you know why you spend your days trolling? Perhaps too much time on your hands? Make you could volunteer and help people, probably not thought. You might have to leave the security of your computer.

[ifquilt]

12:38 AM on 02/22/2012

The Twilight Zone episode wasn't about a restaurant it was aliens from outer space with a recipe book and the government thought at first they were here to serve mankind, as in help us. But, alas they were just here to eat us.

Ironic isn't it?

[forgetpartylines]

11:36 AM on 02/21/2012

yes but it is also a reflection of who is in government. Many standards that are set are done so by republicans however they are also the first to cut education spending. The dumber society is the more likely they are to just blindly follow without questioning.

[ifquilt]

01:30 PM on 02/21/2012

Educational standards are set at the state level, each state has it's own level of standards. Liberal California has the highest most unreachable standards designed by Liberal Democrats. They are all dooming this country.

[XV8 Crisis Suit]

07:18 PM on 02/20/2012

This is what happens when you base a teacher's pay on something that they only have 15% control over.

[ljconner]

09:48 PM on 02/20/2012

Amen !!

[foresure]

11:38 AM on 02/21/2012

XV8

You are so right. They should not be paid for the 85% that yields nothing.

I am impressed that a teacher would think of this excellent solution.

[eceresa]

02:26 PM on 02/21/2012

Whatever you're getting paid for, you're getting paid too much.

[eceresa]

05:39 PM on 02/20/2012

"It's unclear whether terminating teachers will be more difficult after their contracts are renewed."

Why would it be? They've got contracts now, and they can be fired. Under new contracts they can still be fired. Just like every teacher in the country can be fired, if it's really warranted.

What we should be talking about is the perverse system, pushed by Bush but continued under Obama, that forced them to do this. Given that, at the end, the article admits that they're probably not going to have their contracts renewed anyway, the rest of this is just a distraction, an attempt to shift blame onto teachers for policies they (and everyone else who's informed about education) opposed.

[forgetpartylines]

11:38 AM on 02/21/2012

bush and obama have nothing to do with their contracts. Unions and Georgia state laws do.

[eceresa]

02:27 PM on 02/21/2012

Bush and Obama have everything to do with punishing teachers and students when students score poorly on tests that vary mostly based on student and parent factors. The system doesn't work. Garbage in, garbage out. That's where the garbage this story is about came from.

[Marx Twain]

05:28 PM on 02/20/2012

I think the "why" and "how" of this scandal are as important as the "who". I will be curious when the proceedings start to see how far up the chain of command this went up. I think that APS is at the very least guilty of not asking some probing questions as to why these schools were able to improve so rapidly after showing flat growth for so long.

[foresure]

11:41 AM on 02/21/2012

Mark:

Actually the APS system was very harsh with the Superintendent. After giving her a combined severance package of $850,000, they were real meanies.

They objected to her getting $525.00 a week in unemployment benefits.

She must feel like a real victim now.

[Marx Twain]

12:37 PM on 02/21/2012

Dang, that IS harsh (winks knowingly).

[shelvern]

11:40 AM on 03/02/2012

Givve me an example of how the APS teachers cheated;

Knowing that the teachers have about150 students, they had to take the test home to change the grades.

To make it easy to change the grades, they must have had an answer sheet. Where did they get it?

If there was cheating, who should be held responsible? The State education Board and/or the Governor.

The teachers had no representation. A lawyer would advise their client to plead "no guilty" even there were pictures of his client shooting the victum

The teachers have plenty of people they can bring a lawsuit against. a class action would be the best.