Wulfson: DESE is licensure authority for over 90,000 educators and administrators
part of that is investigating misconduct
"critically important part of the department that rarely gets public attention, and that's probably a good thing, because it means our staff is doing its job well"
within legal office
vast majority of teachers are caring, hardworking, trustworthy individuals; small number should not be an indictment of vast majority
Commissioner may suspend, revoke, or limit a license if the license holder:
- Lacks sound moral character
- pleads guilty to or is convicted of a crime
- commits gross misconduct or negligence
- is dismissed from a school for just cause
- misrepresents their history on an application
- has another professional license that is revoked
a dismissal, non-renewal, or resignation for reasons that might implicate that educator's license, the superintendent is required to report it to DESE
Schneider: a balancing test
Cavell: your license is your ability to do work; you may not fit into culture of a school, but that does not mean you don't deserve to have your license
Dale: will open a file when there is a media report
the office investigates:
- professional boundary violations
- grooming student for inappropriate relationships
- sexual relationships with students
- inflicitng physical harm
- MCAS cheating
- criminal condcut
- inappropriate language and acts
- substance abuse
Do investigate social media; brief discussion ensues on where the lines are on whose job it is; Wulfson points to policies adopted by school committees on social media use of employees
applicant investigations: must disclose criminal court appearances and convictions; child neglect or abuse findings; employment dismissal for cause
also must certify that there are no misrepresentations on the applications and disclose any future changes to their answers
Stewart: "small but mighty"
Schneider: two full time lawyers, a part time lawyer, two full time investigators, and an investigator admin (not her word)
"deal with the worst first" in setting priorities
Dale: prioritize most risk of harm
Sagan urges them to come back if they need greater resources
Dale: educators do have due process rights; sanctions are reported to national clearinghouse; also use clearinghouse for reciprocal actions
Have increased volume due to background checks by districts for hiring authority
"press our school districts to be as vigilant as they can be on this"
Trimarchi: administration of new MCAS on computer: has that created any new "test weirdness"
Cavell "we do have one matter that we're looking at right now, but one matter does not make a trend"
Wulfson: do believe computer testing will tighten up what we're doing
Moriarty: any flags on pending investigations?
No, though in very rare cases, do get flagged during investigations
Moriarty: concerned about staying ahead of investigations
Schneider: authority of hiring and careful checks
"would you rehire this person?"
Peyser: are you required to check background?
what is potential liability for a negative reference that can't be proved?
Cavill: each district does its own hiring, "there are some HR people that are very, very savvy"
Senator Lovely's bill would set more requirements in hiring
Peyser: if former employer tells another district that DESE has been notified about certification, does that put the district at any legal risk?
Cavill: if it's a mandated report, the district is pretty safe
emphasize that districts can report anything
case law about a glowing recommendation for someone that was not warranted
"if it's an omission, there's not a lot of case law holding the district liable"
applicant investigations: must disclose criminal court appearances and convictions; child neglect or abuse findings; employment dismissal for cause
also must certify that there are no misrepresentations on the applications and disclose any future changes to their answers
Stewart: "small but mighty"
Schneider: two full time lawyers, a part time lawyer, two full time investigators, and an investigator admin (not her word)
"deal with the worst first" in setting priorities
Dale: prioritize most risk of harm
Sagan urges them to come back if they need greater resources
Dale: educators do have due process rights; sanctions are reported to national clearinghouse; also use clearinghouse for reciprocal actions
Have increased volume due to background checks by districts for hiring authority
"press our school districts to be as vigilant as they can be on this"
Trimarchi: administration of new MCAS on computer: has that created any new "test weirdness"
Cavell "we do have one matter that we're looking at right now, but one matter does not make a trend"
Wulfson: do believe computer testing will tighten up what we're doing
Moriarty: any flags on pending investigations?
No, though in very rare cases, do get flagged during investigations
Moriarty: concerned about staying ahead of investigations
Schneider: authority of hiring and careful checks
"would you rehire this person?"
Peyser: are you required to check background?
what is potential liability for a negative reference that can't be proved?
Cavill: each district does its own hiring, "there are some HR people that are very, very savvy"
Senator Lovely's bill would set more requirements in hiring
Peyser: if former employer tells another district that DESE has been notified about certification, does that put the district at any legal risk?
Cavill: if it's a mandated report, the district is pretty safe
emphasize that districts can report anything
case law about a glowing recommendation for someone that was not warranted
"if it's an omission, there's not a lot of case law holding the district liable"
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