Dismissal bill falters in Assembly

CTA out in force to defend appeals process
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With teachers and organized labor rallying against what they called an unnecessary attack on their rights, a bill that would make it easier to fire teachers and administrators accused of serious sexual and violent offenses against children failed to pass the Assembly Education Committee on Wednesday. Sen. Alex Padilla’s controversial SB 1530 will be dead for the session unless he can persuade one more Democrat to reverse positions within the next week .

The bill had bipartisan support in the Senate, where it passed 33-4, but, in a test of strength by the California Teachers Association, only one Democrat, Education Committee Chairwoman Julia Brownley, and all four Republicans backed it in the crucial committee vote. The other six Democrats either voted buy clomid online against it (Tom Ammiano, San Francisco; Joan Buchanan, San Ramon) or didn’t vote (Betsy Butler, El Segundo; Wilmer Carter, Rialto; Mike Eng, Alhambra; and Das Williams, Santa Barbara).

The bill follows shocking incidents of sexual abuse in Los Angeles Unified and elsewhere, the worst of which involved Mark Berndt, 61, who’s been accused of 23 lewd acts against children at Miramonte Elementary in LAUSD. Padilla, a Democrat from Van Nuys, said SB 1530 responded to complaints from superintendents and school board members that it takes too long and is too expensive to fire teachers facing even the worst of charges. Rather than go through hearings and potential appeals, LAUSD paid Berndt $40,000, including legal fees, to drop the appeal of his firing.

Under current law, dismissal cases against teachers and administrators go before a three-person Commission on Professional Competence, which includes two teachers and buy amoxil online an administrative law judge. Its decision can be appealed in Superior Court.

Narrow band of ‘egregious’ cases

SB 1530 would have carved out a narrow band of exceptions applying to “egregious or serious” offenses by teachers and administrators involving drugs, sex, and violence against children. In those cases, the competence commission would be replaced by a hearing before an administrative law judge whose strictly advisory recommendation would go to the local school board for a final decision, appealable in court.

The bill also would have made admissible evidence of misconduct older than four years. Berndt had prior reports of abuse that had been removed from his file,  because a statute of limitations in the teachers contract in LAUSD prohibited their use.

School boards already have final say over dismissal of school employees other than teachers and administrators, so the bill would extend that to efforts to remove “a very creepy teacher” from the classroom,” as Oakley Union Elementary School District Superintendent Richard Rogers put it. “What is more fundamental than locally elected officials responsible for hiring and dismissal?” he asked.

The bill has the support of the administrators and school boards associations, Los Angeles Mayor Antonio Villaraigosa, and the LAUSD president, Monica Garcia, who described her fellow board members as “seven union-friendly Democrats” who want to “get rid of people who will hurt our children.”

Current law works

But Warren Fletcher, president of United Teachers Los Angeles, countered that “SB 1530 solves nothing, places teachers at unfair risk, and diverts attention from the real accountability issues at LAUSD.” Turning the tables, Fletcher, CTA President Dean Vogel, and others have filed statements with the state Commission on Teacher Credentialing to investigate Superintendent John Deasy’s handling of misconduct allegations in the district.

The argument that current law works resonated with Buchanan, who served two decades on the San Ramon Valley School Board. Calling the bill “intellectually dishonest” because nothing can prevent another Miramonte from happening, she said, “We never had problems dismissing employees.” She acknowledged that the “long, expensive dismissal process” needs to be streamlined, but the bill doesn’t get it right. A teacher at a school in her legislative district was accused of sexual misconduct by a student who got a bad grade. That teacher “deserves due process.”

The two teachers on the Commission on Professional Competence provide professional judgment that’s needed to protect the rights of employees, said Patricia Rucker, a CTA lobbyist who’s also a State Board of Education member. “We do value the right to participate and adjudicate standards for holding teachers accountable,” she said.

Fletcher said that school boards would be subject to parental pressure in emotionally charged cases, and, as a policy body, should not be given judicial power. Assemblyman Ammiano, a former teacher, agreed. “A school board is not the one to make the decision,” he said.

Julia  Brownley said that she too was concerned about false charges against teachers but would support the bill, for it “will give districts tools” for rare circumstances. The bill would make the dismissal process more efficient and definitive. And she agreed with Padilla that the bill ensured due process for teachers, who’d be allowed to present their case, with witnesses, before an administrative judge and appeal an adverse decision to Superior Court.

Oakley Superintendent Richards said that the CTA misstated what SB 1530 does and “has taken such an extreme position on this issue that they have lost credibility.” The union’s real fear is that the bill will be “a nose under the camel’s tent” to change the dismissal process for all teachers. And that, he said, is unfounded.

Padilla was to have issued a statement last night on the setback in the committee but didn’t. Update: Padilla issued a statement this morning that reads, in part:  “SB 1530 was narrowly crafted to focus only on cases in which school employees are accused of sex, violence, or drug use with children. It is difficult to understand why anyone would oppose a measure to protect children. It is very disappointing.”

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32 Comments

  1. If our legislators believe that nothing can prevent another Miramonte, then I would say it is incumbent upon them to create more school choice options.

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  2. LAUSD seems to have more problems with dismissals than smaller districts.

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  3. If I’m understanding the situation right, LAUSD missed the situation entirely until it totally blew up. The discussion often implies that LAUSD was trying to deal with Berndt but was somehow hamstrung, which (as I understand it) is simply not true.

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  4. Please note that the legislation was intended to bypass due process rights of those ACCUSED of misconduct. Anyone can accuse anyone else for almost anything, and sometimes do. Since the Salem Witch Trials it has been the tradition in this country to protect the due process rights of the accused.
     
    This does not mean that teachers who have a credible charge of misconduct cannot currently be immediately be removed from the classroom. They can be, and are. Then the due process re the accused’s employment kicks in. Based on hearings and evidence, not accusations.
    LAUSD had the opportunity to prevent abuse by reporting instances of teacher misconduct to the Commission on Teacher Credentialing. LAUSD failed to do that and received a reprimand for this violation of statute. Many of the “howls of outrage” coming from the direction of LAUSD right now can be attributed to efforts to divert public attention from district culpability.
     
    Perhaps Mr. Muench believes “choice’  options should be available so students can attend places like the very elite Horace Mann Prep School in New York? If you check the New York Times recently you can read about the decades of sexual abuse of students that went on at that, private, elite, school of “choice.”

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  5. Horrible.  As a school trustee and district administrator, I know how difficult it is to “fire” teachers who have become permanent.  In fact, Tuesday I was told that dismissal for a teacher who had made, what would be called “terrorist threats,” would be upwards of $200,000.
    Reform is necessary.

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    • From Roque Buriio Jr. the lemon who can dance and can sing, Tosayitok, here is yur song. That would be a terrorist threats is a statement of fact and not a fact. Your statment of fact is indeed a product of your  false and exagerated ipinion that has no place in the Court of Law. Your condeming statement of the poor teacher is  no different from the false statements and false accusations of the paper monster LAUSD. He, he, he, he. Would you now not like to settle for him or be sued later. Hah, hah, ha, hah and more hah, hah.

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  6. Mr. Ravani, my preference is to fix public schools.  But I’m open to being wrong.  And it seemed as if Joan Buchannan was making the point that these problems are inevitable in public schools.  So it seems sensible to me to mitigate the moral issue of requiring students to be subject to these problems by transferring responsibilities to families.  And that works whatever types of school a family chooses to attend.  Sometimes decisions have to be on moral grounds regardless of the outcome. as life can get complex.

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  7. I’ve seen enough evidence that a competent administrator can ease out problem teachers. And, again, LAUSD did nothing until this whole story blew, so the implication that they couldn’t get rid of this sick teacher is refuted.

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  8. … I should add that this needs further clarification: “Berndt had prior reports of abuse that had been removed from his file,  because a statute of limitations in the teachers contract in LAUSD prohibited their use.”
     
    The implication from this wording is that it’s all due to the contract that nothing could be done. This leaves the situation unclear. Can you please clarify, John? What happened at the time of those reports of abuse? The situation would appear to imply lapses by management.

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  9. An Open Letter for Mr. Deasy and Holmquist.
       From Roque Burio Jr., the lemon who can dance but can also sing. Here is a song for you Mr. Deasy and Holmquist: Please, please, Mr. Deasy and Holmquist do not be so callous with the glaring results of statistics that your paper monster LAUSD is the only winner of all the children abusers. In the course of four years, your dismayingly failing school district has committed more than nine thousands of verbal, physical, and sexual abuses and perversions against innocent school children whom you are supposed to have been educating and protecting. You have not any feeling of shame to continue with your failed privilege of educating children. You must accept that your district is a total failure and too dangerous in delivering education, aside from protecting innocent children,
       Please pack your things and go home and leave that noble privilege to other institutions to educate and protect the innocent school children, your district is a failed and dangerous educational institution. Please pack up and go home and close your failed district. Give the cities the chance to open their own schools or their smaller unified school districts and private citizens to open their private schools, all of these for the sake of the future of students and this nation.
       I have a very strong feeling and belief that the righteous and worthy politicians are already almost done with their plan to close this filthy and rotten shop. He, he, he, more he, he, he.
       Beside the taxpayers will never sacrifice their income and their properties   to add more to the taxes for your useless and wasteful expenses. You will definitely lose in the coming November election.
        Again, please pack up and go home, your district is a total failure. Are you not ashamed of your very bad performance of more than nine thousands incidents of child abuses? That is more than two thousand child abuses every year in your district that never happens in any unified school district in California.
      Tell our legislators that you are now already willing to pack up and go home.
       Furthermore are you not also worried that parents and people will start carrying guns into your dangerous schools to protect their children from many of your employees who are children abusers? That will be chaos if you remain callous. Come on, go home, and close shop.
       Please think clearly, your district is a total disaster, dangerous, and complete failure. Pack up and go home, please.

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  10. From Roque Burio Jr.. the lemon who can dance and sing. Here is a risky prophetic song for LAUSD. The weapon of LAUSD for teacher mass dismissal called Teacher Misconduct Dismissal Bill is dead and really dead and will never be revived.. The LAUSD which is  newly baptised as the winner of children abuser Paper Monster has now  all the signs and indications that this children abuser Paper Monster is on the way to its final termination and dissolution to be replaced by city schools, smaller unified school districts and  private schools.
        Soon the evil friends of the Paper Mopnster will have no choice but to distant themselves from this this foul smelling  and filty children abuserPaper Monster  and join with its enemies to protect the innocent school children and give justice to those falsely accused teachers. 
          Besides in November the taxpaers and the citizens will vote against increasing their  taxes on their incomes and properties to insanely finance the huge and extravagant  6 billions dollars budget for the pocket of this tyrant Paper Monster. The writings on the wall against this aper Monster is so clear.The Paper Monster will be dismantled and all parents, school children, and teachers and  US peoples will rejoice. Long live liberty and justice for all.

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  11.    From Roque Burio Jr., the lemon who can dance and can also sing: Here is my song for Mr. Deasy and Holmquist entitled “Playing the tough guys.” Hey, hey Mr. Deasy and Holmquist are you really going to fight the ruling of Judge Terry Green? Oh no, no, no and no. Can both of you really dance and sting like bees? But of course you cannot sing about yourselves, eh? He, he, he.
       I remember you promised to fight Papa Brown before but I never saw you dancing in any Superior Court, remember?
        Why not give some cuts to the charter school the alter ego and offspring of LAUSD? He, he, he, and he, he.  Oh boys what a real show, like backyard wrestling?
       Smile boys, I will watch your fight with Judge Terry Green. No backing out, okay? He, he, he and more hah, hah, hah.

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  12. From Roque Burio, Jr. , the lemon who can dance but can also sing. Here is my song on this article written by Beth Bareth to support the Charter schools of Caprice Young and those schools are actually the alter egos and the off springs of LAUSD. They belong to the same banana with different names– and that is the reason why I did not respond to the requests of Beth Bareth to comment on how LAUSD maltreated us teachers at the Teachers’ Jails, when she called me several times at home.
       The targets of this article are actually the teachers whether innocents or not. I am one of those only three old veteran teachers that are mentioned in this article; however, the other two can only dance but cannot sing.
       The Charter Schools have the same purpose as its mother LAUSD to use us teachers as cover ups and scapegoats for LAUSD financial and academic failures due to its bad management and bad administration, to obtain more anti teacher Education Law, and to obtain more funding through initiatives of selling bonds to public, and to increase the taxes on income and properties to fund the unexplained financial failures of this dismayingly failing school district LAUSD.

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  13.    From Roque Burio, Jr., the lemon who can dance but can also sing. Here is my song on this article Dance of the Dance of the Lemons written by Beth Barrett of LA Weekly to support the Charter schools of Caprice Young and those schools are actually the alter egos and the off springs of LAUSD. They belong to the same banana with different names– and that is the reason why I did not respond to the requests of Beth Barrett to comment on how LAUSD maltreated us teachers while at the Teachers’ Jails, when she called me several times at home.
       The targets of this article are actually the teachers whether innocents or not. I am one of those only three old veteran teachers that are mentioned in this article; however, the other two can only dance but cannot sing.
       The Charter Schools have the same purpose as its mother LAUSD to use us teachers as cover ups and scapegoats for LAUSD financial and academic failures due to its bad management and bad administration, to obtain more anti teacher Education Law, and to obtain more funding through initiatives of selling bonds to public, and to increase the taxes on income and properties to fund the unexplained financial failures of this dismayingly failing school district LAUSD.
    The tax payers will decide soon in November election, and I am almost sure that they will reject increasing their taxes for extravagant and wasteful expenses of LAUSD.
       After this rejection, the politicians will have to start agreeing to dismantle this financially and academically failing school district into city schools, smaller school districts, and private schools.
       I am very sure that the people, taxpayers, parents, students and teachers will not just swallow the obviously fabricated false statements in this article of LA Weekly of Beth Barett.
       Long Live democracy, long live free enterprise, honesty and hard work. Down with corruptions of evil government officials. Long live the teachers, students, and parents. Long live the citizens, the taxpayers and the US peoples. He, he, he, and hah, hah, and hah, hah.
      

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  14.    From Roque Burio Jr., the lemon who can dance but can also sing. Here is my song entitled the tom tom war song for Tom Wildman the new spokes person of financially and academically failing LAUSD: Shut up and pack up and stop your tom tom war drum. Cease and desist from brandishing your tongue lashing weapon against us teachers, like that you have gathered more than 8,300 teachers misconducts. People want to see blood if those teachers are really guilty and they be exonerated if innocent. Revoke their license if they are guilty and reinstate them if they are innocent. Do it before the November election.
       The US Peoples and taxpayers want worthy actions and not your weird mouthy publications.
       Shut up and pack up and leave that noble privilege to educate our students to our city schools, smaller unified school districts, and private schools.
       US peoples and taxpayers cannot be fooled anymore with your tyrant trial by publicity to damage, destroy, dismiss, forced to resign, and to scapegoat us innocent teachers for your financial and academic failures.
       It seems to me that he tax payers will deprive you of your planned huge 6 billion dollar operational budget for your fat pocket for your extravagant, wasteful, and unexplained expenses and doubtful programs.
       Like your old borrowed quotation deprive the fish of water and they just die. The tax payers will deprive an office of too much money and the corruptions in that office will just die down. He, he, he and more he, he, he.
        Long live the US peoples, taxpayers, teachers, parents and students. Down with office corruptions. Down with LAUSD Reign of Terror against innocent teachers. Down with the tyrant mouthy paper monster LAUSD.

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  15.    Here is my song for Mr. Deasy, David Holmquist, and Warren Fletcher: entitled dizziness in protecting students: He, he, he and more he, he, students are not and cannot be protected from the crimes that have already happened.
       The only people to be blamed for failure to protect students are those bad managers and bad administrators who were either sleeping or sitting in their offices and seldom visited the campus and classrooms of all teachers every day.
       They usually visit vigilantly their targeted teachers and forget others, especially their favorite ones. Therefore, Mr. Deasy please require your administrators to keep  daily and hourly log books of their  activities in the schools and the classrooms that they visit and then you could surely protect the students from crimes being committed or about to be committed. He, he, he. Is it not that the right preventive approach is to make your administrators: principals, and vice principals vigilantly circulate in the schools? He, he, he, and hah, hah, hah. Very simple, Hah? Why try the hard way of being judicial and legislative in preventing crimes in the schools, heh? There are enough laws on crimes, why would you want to add more? He, he, he, he.

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  16.    From Roque Burio Jr., the lemon who can dance but can also sing, here is my song entitled LAUSD ominous song for Mr. Deasy, Holmquist, and Fletcher: Hooray, hooray, hooray the bad rumors are spreading like the Waldman fires of teachers’ misconducts, that LAUSD is fallen as in the writings on the wall, the State is taking over this dismayingly financially and  academically and morally failing school district, only skeletal force will remain hence all fat men and fleshy women are dismissed and only thin cute men and slender petite women will remain. He, he, he, and more he, he, he. It is true folks believe me, wait a little time soon. Goodbye in advance Paper Monster LAUSD, goodbye Reign of Terror.

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  17. From Roque Burio Jr., the lemon who can dance and can also sing. Here is my song for those who despise teachers alleged to have committed misconducts: The Law protects everyone including both the innocent and the accused. It is mandatory that the Law must protect the would be victim before the crime, and the same law must also protect the rights of the alleged accused after the crime. Hence the LAUSD Weapon of Mass Dismissal of Innocent Teachers AKA SB 1530 had to be defeated by its authors for it turns out to be illegal and unconstitutional. He, he, he, and hah, hah, had why not ask the Democratic Party members? Down with the Paper Monster LAUSD. Long live teachers, students and parents. Long live taxpayers.

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  18.    From Roque Burio Jr., the lemon who can dance and can also sing, here is my Procedure Song for Mr. Deasy and Holmquist and his bunch of lawyers on the legal procedure of dismissing a teacher who allegedly committed misconducts. The teacher will be specifically notified of his misconducts and that he will be dismissed. Hence the teacher, being accused and specifically notified of misconducts and that he would be dismissed, may promptly request for a hearing.
       I intended not to ask for a hearing g but my lousy rat lawyer asked for a hearing and then immediately left me in the dark. He later said to me that the LAUSD wanted me to be left alone on my own defense. Something weird, hah?
       Assuming that I had not asked for a hearing, the LAUSD Board could not transform itself into Kangaroo court and summarily dismissed me nor legally offered me any valid settlement for such would be circumventing the Education Law on teacher dismissal; instead, the lawful procedure, after the board notice of misconduct and dismissal, and after the Office of Administrative hearing could had found me of misconducts, is and must be to offer me a chance to correct myself of the alleged misconduct, provided they were not crimes—That is the law, loud and clear.
     
       On the other hand the Administrative Court could not also dismiss me; it had no power to dismiss a teacher, but instead could have only thrown me back to the LAUSD Board for final dismissal decision. The said board again cannot dismiss me, but instead according to law must offer me the chance to correct myself—in other word back to the classroom, and dance like a lemon.
       It seems that there is no way the LAUSD board could really dismiss any teacher unless he has committed a crime—therefore,  only the criminal conviction can lead to the teacher dismissal for the fact that the teacher has lost his qualification under the law to be offered the teaching job.
       Oh boy, now the LAUSD is now trying another of his tools to dismiss the teacher without the independent Court of law, that is, it will try the power of the Commission to revoke the license of the teacher and hence dismiss the teacher. I have no doubt that the Commission on Teacher Credentialing has the power to revoke   the license of the teacher provided that he has been convicted of a crime in the Court of law or temporarily suspend it while the teacher is in the city jail for being absent or to be absent for more than 10 days. (The funny thing is that the LAUSD established its own teachers’ jail in local district 8 and other local districts, and the Main District, remember?)
       But without criminal conviction I have all the   reasons to presume that the Commission has very deficient power to adjudicate to revoke the credential of a teacher. The commission has no power to adjudicate summarily a case to deprive a teacher of his property which is now his credential. The commission can only disqualify a teacher hence revoke or suspend his credential only upon his conviction of a crime or temporarily disqualify a teacher while being or to be incarcerated for more than 10 days in the city jail.
       The Commission can have only the legal and valid causes for the separation of a teacher or suspension of a teacher for more than 10 days from LAUSD if those causes must have arose from the convictions of crimes in the Court of law or incarceration in the city jail for crimes —hence, the Commission has to inquire into the causes of the separation, resignation, or suspension for more than ten days of a teacher. The commission has no equal judicial power as the Superior Court to deprive the teachers of life, liberty, and property which is his credential.
       Moreover, and never the less, if the LAUSD Board has given the teacher several notices and several chances to correct himself and is therefore shown go be habitually of inferior intellect, education, quality and skill to deliver his assigned credentialed courses to the students who are well behaved and have no behavioral or intellectual difficulties, then perhaps the Commission may consider to revoke the Credential of the teacher for lack of qualification to obtain a teaching credential. But I have doctorate degree in Medicine, Bachelor‘s degree in Science, CSUN university teacher’s training in Chemistry and the State of California Professional Clear Teaching Credential in science: chemistry all of which evidencing my, quality, ability, skills, knowledge, and education to teach chemistry and integrated science in the secondary schools.
       Then, Mr. Deasy and Holmquist and Ms.Eckchian, where are you going legally and constitutionally to dismiss me and other teachers? There is only one place and nowhere else but the Superior Court for convictions of crimes.
       Dismissal process must follow the criminal conviction of a teacher and not vice versa. Do you still remember the fundamental principle of American Justice System? No person can be deprived of his life, liberty and property (including teacher’s credential) without the due process of law and due process do not forget include due notice, and this process can be obtained only in the court of Law. He, he, he and he, he. Are you really ready to amend the law and the US constitution with your being a lawyer, Mr. Holmquist? Hah, hah, hah, hah.
        Are you not clearly circumventing the Education Law on dismissal or forced resignations of those teachers, and fraudulent settlement agreements? He, he, he, he and hah, hah, hah, hah. Long live justice, long live the Rule of Law, long live the US Constitution, and down with the Reign of Terror. Down with the tyrant Paper Monster LAUSD.
       P.S. Remember again only the Court of Law can deprive a US citizen of his life, liberty, and property. You follow that tenet Mr. Deasy and you will never commit mistake or be misled. More he, he, he, and he, he, he.
       Moreover, as of now, I seem to prefer in the Commission that we discuss first the merit of each and every one of those more than one hundred alleged misconducts of false accusations and false charges brought by Mrs. Eckchian and LAUSD against me. He, he, he, he, and he, he, he. I look forward to seeing you with Holmquist and your bunch of lawyers in the Commission.
       Proving the merit of those more than 100 alleged misconducts against me – do not be misled and  do understand  very well , is really to protect me as an innocent teacher under the Law and not to protect that dismayingly financially, academically, and morally failing and children abuser Paper Monster LAUSD. More He, he, he, and he, he, he. Long live the US flag and the republic. Long live liberty and justice for all.
       He, he, he, he, he. See you in the Commission soon Mr. Deasy, Holmquist and your bunch of lawyers. Hah, hah, hah, and hah, hah.
    Now, why is that so as in the above? the answer lies in the nature of LAUSD being and institution for education whose authority evidently is only to educate and improve the education, skills and behavior of students and teachers and other employees of the school district. It has no authority whatsoever that may be punitive in nature. Okay, Mr. Deasy and Holmquist. He, he, he, he. You must endeavor first to change the nature of your office before you punish teachers with suspension, dismissal. Or any settlement agreement. He, he, he, hah, hah, hah. And ultimately LAUSD, you will just remain a monster made of paper. He, he, he

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  19.    From Roque Burio Jr., the lemon who can dance and can sing, here is my song entitled the kangaroo Court Justice: Before the Kangaroo Court of LAUSD. In the matter of no appeal of the respondents John Hamilton y Miramonte y Does, by the authority of mob number of the majority vote of this Kangaroo Court you are hereby guilty and dismissed, and there is no need of due process of law, no heed of presentation of evidence, no need of witnesses, no need of legal basis, no need to wait for judgment of the independent Superior Court of Los Angeles, no need of your civil rights, and that mere accusation is enough. Hah, ha, ha
       Indeed the Kangaroo court justice is swift and very effective to deprive you of your life, liberty, and property including your job. He, he, he, he. The whole world is amazed by this new form of LAUSD justice. Members of the Judicial and Legislative departments of the state and federal governments and of course Papa Brown are so furious with their most intense passion and jealousy. More hah, ha, ha and more he, he, he.
       Please beam all of your lights on this Kangaroo Court, and more applause for its crowning achievement in bringing perverted justice to teachers and students and parents. He, he, he.
       By the way, here is a brotherly love song for good man Bro. Obama. Thank you for your relief of ordering the school districts to start rehiring teachers.
       But a hoola hoop is out of dance steps, he perversely desires the hard earned–from long time good works– retirement and monthly pensions of teachers for one act of misconduct. It seems I remember that I heard that in the party they wanted to keep him in the box steps. Goodbye hoola Hoop, teachers will not forget, you are really out of your dance steps.

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