Contract Clause Could Limit LAUSD From Disciplining Teachers

LOS ANGELES (CBS) — The LAUSD is working to crack down on suspected misconduct in the wake of the sex abuse scandal at Miramonte Elementary School, but the district is struggling with a little-known contract clause that limits how long allegations can remain in a teacher’s file.

Under that clause, alleged misconduct that does not result in discipline is removed from personal files after four years.

Superintendent John Deasy says that information could include a warning, a reprimand or even a principal’s private notes.

The clause dates back to the 1990s, and was part of a package that also included a 10 percent pay cut for teachers.

All of this has been highlighted by a string of sex abuse cases that began with the arrest of Mark Berndt, who pleaded not guilty to 23 counts of lewd conduct for allegedly photographing students who were blindfolded and spoon-fed bodily fluids that tested positive for his DNA.

Several earlier investigations and complaints about Berndt’s conduct that did not result in criminal charges were not part of his official record.

Deasy says he has ordered staff to review teacher files for any potential misconduct, even if they have to go back decades to do so.

  • john

    no problem; tell the union to amend the contract and if they refuse simply cancel their contract

  • Leonard Isenberg

    The 4 year limit on using charges against a teacher are part of California Education Code 44944, not collective bargaining. It has to do with putting a limitation on how long something can hang over your head and be used. The concepts of laches and statute of limitations dealing with the timely filing of charges is well established in all areas of law. Evidence and witnesses weaken over time. If you don’t bring a tort action on an accident within one year, you are foreclosed from ever bringing such an action. Why should it be any different with teachers, especially when LAUSD trumps up most of the charges against them anyway to get rid of higher priced teachers, deprive them of lifetime health benefits, or just get rid of competent teachers who refuse to go along with LAUSD’s system of daycare. Check out, where you will find over 350 posts as to what is really going on and why Deasy and Co. are doing it.


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