My Journey Through
Due Process
Reflecting on the past weekend with the Kansas legislature
voting in a new school finance package, which includes stripping teachers of
due process, I am sad, disgusted, and angry. And I won’t even waste time trying
to explain the difference between having tenure, which Kansas teachers do not
have, and having due process, which Kansas teachers will no longer have if—and
probably when—our governor signs the bill into law. Granted, anyone can provide
a list of reasons explaining why teachers need due process; however, although
I’m now retired from the K-12 public school system, I’d like to share my
personal list of reasons because there’s a great likelihood that, without my
having had due process beginning with my fourth year in the classroom, I may
not be able to claim today that I’m in my 41st year of teaching in
the state of Kansas.
Without due process, I may have been unwilling to maintain
high standards in the classroom. For example, as an English teacher, I occasionally
had to deal with students cheating on assignments. I’ve always considered there
to be four options when dealing with cheating: 1) Give a zero. Period. 2) Give
a zero but provide an opportunity for the student to do the assignment over. 3)
Give the student a warning not to cheat again—a hand slap, if you will. 4)
Ignore the situation because dealing with the student and his/her parents is
too much of a hassle. Usually, I opted for #2, meaning that I was usually in
for a hassle every time. In the worst instance, I dealt with an extremely
popular and capable student cheating on a book report with one of her friends.
When I responsibly called home, her father, who was obviously ready for my
call, responded loudly, angrily, and obscenely, falsely accusing ME of inappropriate
behavior. My shock was on several levels as this was not just any parent, but
one who was a respectable dentist in the small community in which I taught.
Fortunately, my principal backed me; however, another principal might not have
done so. In fact, another principal might have been a best friend with that
parent, or worst yet, that principal—or my superintendent or a school board
member—could have been the parent of the child who cheated. Without due
process, the risk might have been too great for me to confront all involved,
causing me to skip to option #4. On that same note, depending upon who the
student and parents are or what the relationships are between those parents and
my administrators, I could be influenced when I give grades, serve on
scholarship committees, lead the selection process for cheerleading or the
school musical, or submit eligibility reports on student athletes. Without due
process, the results of these decisions might not have mirrored which students,
indeed, earned these honors.
Without due process, I may not have been able to advocate
for my students. On a professional level, I will be so bold as to say that I’ve
ignited a spark in hundreds of students by inspiring them to love reading and
writing. Leading students to books that interest them, despite the controversy
of subjects and language, I’ve found ways to give students credit for those
readings in my courses; likewise, in teaching years of high school creative
writing, I’ve made no topics—or language—off limits. (Students did have
parameters in reading language aloud, however.) Without due process, I would
have felt a need to place more restrictions on reading and writing, thus,
smothering some students’ passions and curiosities that I’m confident played a
big role in the completion of many high-quality assignments. Without due
process, I may have refused to answer innocent yet sensitive questions that
students asked during the reading of Romeo
and Juliet, such as “What’s a maidenhead?” or students’ defiant questions,
such as “What’s wrong with saying ‘That sucks'"? Instead, I provided
straightforward, whole-class explanations. And on a more personal level, despite the law that requires
teachers to report issues of abuse and sexual harassment, without due process,
I may not have mustered the courage to make some of those reports considering
whose parents I accused. Especially, I might not have had the courage to walk
into my principal’s office to report inappropriate behavior I witnessed between
a student and one of my colleagues. Even when I knew I would be ostracized by
some of my peers for making such a report, at least I knew, with due process,
my job wouldn’t be threatened for doing what was right.
Without due process, I might have been more severely penalized—or
even fired—for making a few mistakes in my four decades in dealing with
students, administrators, and parents. I knew I was wrong to call in sick from
Colorado when I took a couple days off to go skiing. I knew I was breaking fire
code when I stayed in my classroom to finish preparing for the next class
period when everyone else was outside for the fire drill. I knew I was breaking
school rules when I sneaked a student out of in-school suspension to
participate in an activity that he couldn’t make up if he missed my class. I
knew I could have been more professional by not hanging up on a parent who was
cursing at me on the phone. I knew I was wrong when I lost my cool with my
principal and slammed his door as I left his office. Yes, I’ve made some
mistakes over the years—and I was even written up once and rightfully so. On
the other hand, one time when an administrator wrote in my evaluation something
that he couldn’t back up when I asked him to do so, I boldly submitted a
written rebuttal to the report. Without due process, any principal who wanted
to get rid of me could have jumped on any single one of those actions and told
me “don’t let the door hit you on the way out.”
My most memorable experience that would have likely turned
out differently had I not had due process was the year I was president of our
local teachers’ association—a year when our district negotiations hit rock
bottom with a new superintendent and board who were not teacher-friendly at
all. When we ended up at the fact-finding stage, after stacking our contracts
district-wide, I was called to testify—with an oath to tell the truth—on an
incident I had witnessed in which a school board member and the superintendent
lied. I can’t explain how disturbed I was to have to tell the truth on that public
witness stand in a room filled with district administrators and respected
community members. But I did tell the truth, shaking and holding back tears.
Without due process, however, I don’t know how I would have found the courage
to do so.
These are just a few of the situations that I can recall
from my teaching journey with due process. At the same time, I’m confident
other teachers have experienced worse. Perhaps, if you don’t know me and must
base your judgment of the quality of my teaching solely on what I’ve described
here, you might think I am a terrible teacher. I’ll simply respond, "I am
not." You can find me on the Internet.
My father used to say, “Be careful what you wish for because
you might get it.” In the past few years, a majority of Kansas voters have
“wished for” a more conservative group of politicians filling the state
legislature and the governorship. As a result of that wish being granted, what
those voters got over the weekend is the stripping of due process from every
teacher in this state—a situation that is likely to result in teachers who are less
courageous when necessary and, instead, more unlikely to be advocates for their
profession, their colleagues, and their students. Without due process, the risk
to act as needed may be too costly for many teachers, with their new silence
leading to the condoning of unfair and unjust situations in schools. In the
words of Thomas Jefferson, “All tyranny needs to gain a foothold is for people of good
conscience to remain silent.”
My hope is that, through your loud voices and your votes in November, you have
different wishes and bring back due process so we can continue to attract
high-quality teachers to Kansas classrooms and maintain the solid reputation of
our educational system, which we have had for so many years. Let’s not allow
the new school year beginning in the fall of 2014 change all that we can be
proud of.