Rhee let teachers go based on principal recommendations The District plans to appeal an arbitrator’s decision to reinstate and offer back pay to 77 teachers fired in 2008 from D.C. Public Schools by Monday.
“It is the opinion of the attorney general that the arbitrator erred in requiring the District to provide back pay to teachers who were justifiably found not to be effective teachers,” Mayor Vincent Gray said on Wednesday.
Former Chancellor Michelle Rhee fired 77 first- and second-year teachers in August 2008 based on recommendations from their principals. Because the teachers had yet to earn tenure, DCPS said it did not have to explain why the teachers were fired.
Arbitrator Charles Feigenbaum ruled in favor of the Washington Teachers’ Union when he decided the firings were improper because teachers did not have an opportunity to rebut their principals’ allegations against them.
Attorney General Irvin Nathan said Wednesday that school officials were locating the teachers to explain why they were terminated, as the ruling demands, but he said the city should only offer back wages to teachers found worthy of reinstatement.
“We will be … giving them an opportunity to rebut or explain the circumstances, and then there will be a new determination as to whether they will be employed,” Nathan said. “For when the decision is not to retain them, it doesn’t seem appropriate to us that they will get payment from the District for the period of the arbitration which took over [two] years.”
The teachers’ union estimated that each of the laid-off teachers earned an average $50,000 annual salary, meaning a two-year payout would cost the city $7.7 million.
Teachers’ union President Nathan Saunders said the city’s appeal creates an unfair situation for teachers already damaged by the system. “Contacting these individuals and giving them the opportunity to be fired all over again, I’m certain will not be attractive to them,” he said.
Saunders noted that Feigenbaum was selected by both parties. “It is now time to move forward,” he said.
According to principals’ recommendations, one of the fired teachers played gospel music for his students, whom he told to go to “h-e-l-l.” Another was absent without leave for weeks, while others failed to help their students.
DCPS spokeswoman Safiya Simmons said notice letters will be sent to the last known addresses of the teachers within the next few days.
“The decision to appeal was made by the District of Columbia government,” she said. “DCPS participated in the process of making that decision and fully supports the decision to appeal.”
