Failure to Educate: Chiswick's Corollary of Classroom Co-Deficiencies

This post crosses the line into the unethical.

I don't bear the burden of HIPAA -- the only license I have is a License to Teach; The only legal threat to a teacher in these parts is that of being sued for "Failure to Educate." (I am not kidding. It has happened several times in the urban blight of a system where I last worked.)

Hmmm. Another ethical dilemma -- probably of little interest to most. The public school system teachers with whom I labored there at the end of my illustrious career talked about the "Failure to Educate" laws as if they were personal affronts. In part, I understand -- our system had fielded its share of trivial lawsuits brought by guilt-ridden parents. What is always hard to understand is why there are so many settlements. Sometimes it seems like we, as in "all of us," are too world-weary to see the truth to its end, to its real expression. We would rather just settle.

It could be that you don't know what I mean.

On the other hand, the laws' hand, Failure to Educate charges have also been used for a greater good, as in the case filed by the NAACP in Florida. Individual cases can also have a wide range of impact, as in this ruling for compensatory education for a Georgia student:

On March 20, 2007, the District Court of Georgia ordered the Atlanta Independent School System to pay Jarron Draper's tuition at a private special education school for four years, or until he graduated with a diploma from high school, as prospective compensatory education for their persistent failure to educate him.

Most viable lawsuits cite the Individuals with Disabilities Education Act (IDEA) under which disabled students are promised a free and appropriate public education. It is frequently invoked at graduation age by parents of students who have, for example, not learned to read, despite 12 years of Special Education designed to deal with their dyslexia, ADD, or other disability. Often the IEP process is under fire -- whether and how it was done, whether and how it was implemented. Amplified, Failure to Educate cases raise larger questions of access to education and fairness.

Lest anyone think this phenomenon is peculiar to the Deep South of the United States (and, yes, I admit to thinking that), please note that it also is/was a frequent occurrence in England and Wales. Even New Jersey!

"Incorrect" usage usually involves allegations about instructional competency. It rarely goes to trial, but just as any allegation of professional incompetence does, it wrecks good teachers' careers. I know that there are bad, very bad, even incredibly awful, teachers -- somehow, they don't seem to get ferreted out. Oddly enough, they tend to be the 20-30 year veterans who have little training in their subject matter, but loads of experience getting by, and many connections "downtown." Following some rule that I'm sure has been comically designated (Thelma's Third Law of Diminished Talent, Chiswick's Corollary of Classroom Co-Deficiencies), these veterans often end their careers as Principals or Administrators.

Dodge-artists, shifty sorts, they are responsible for the calibre of College Freshmen who end up in my Brother-Unit's university classroom, hopelessly remedial.

Well. I have done it again. The intended subject of this post has been successfully obstructed. Yet, it must be done, ethical challenge or not. Later. It has to do with the ketamine coma... again.