Court backs Rhee in dispute over teacher firings
By: Leah Fabel
Examiner Staff Writer
November 25, 2009
 |
| D.C. schools Chancellor Michelle Rhee (Examiner) |
A judge on Tuesday rejected the D.C. teachers union's request to negate hundreds of teacher firings a month into the school year, a major victory for D.C. Public Schools Chancellor Michelle Rhee.
The schools argued successfully that the nearly 300 firings resulted from the D.C. Council's unexpected $21 million school budget reduction two weeks before teachers reported to their classrooms in August, said D.C. Superior Court Judge Judith Bartnoff in a 23-page decision.
Washington Teachers' Union officials were unable to persuade Bartnoff that the budget excuse was simply a "pretext for [a] mass discharge" of certain teachers, and therefore a breach of contract.
Bartnoff said the firing decisions were designed to be equitable, despite union complaints that they disproportionately affected older, black teachers. Age and race were not to be taken into account, according to D.C. Public Schools testimony, and principals were credited an "average cost" (salary plus benefits) per fired employee to discourage them from finding savings by firing their most well-paid and longest-serving teachers.
The decision brings legal closure to nearly two months of sparring, highlighted by multiple protests and contentious hearings before a frustrated city council.
The union is awaiting further legal guidance before deciding if it will appeal the decision, according to its spokeswoman.
Union President George Parker said, "We intend to work through the appropriate legal, political and educational channels to ensure this doesn't happen again."
Bartnoff acknowledged in her decision that not all of the teachers who lost their jobs were incompetent.
She cited "compelling and disturbing testimony" from a blind teacher, certified in special education and visual impairment, who was assigned to teach visual arts, including painting and drawing. Not surprisingly, he received performance ratings of "needs improvement" after 15 years of positive ratings for teaching Braille and communication skills. He was fired this fall.
"Nevertheless, some questionable [firing] decisions do not establish" that the method was illegal, Bartnoff said, adding that Rhee's team "acknowledged that mistakes may well have been made in particular instances."
Mayor Adrian Fenty, who has been criticized for staying silent throughout the debate, said upon victory that "today's decision supports the chancellor's authority to strike a balance between fiscal responsibility and doing what is best for District students."
Bartnoff said there was "no question" that Rhee acted within her bounds, but added that "it is not for this court to second-guess the chancellor's decision about whether [firings are] the appropriate means to address a budget shortfall."
