By Dennis Shaughnessey, dshaughnessey@lowellsun.com
Lowell Sun (Massachusetts, USA)
LOWELL -- The state Appeals Court has upheld an arbitrator's decision to reinstate three Lowell public schoolteachers who were terminated in 2003 for failing English fluency tests.
The teachers, all of whom taught math and science at the middle-school level, were fired by then-Superintendent of Schools Karla Brooks Baehr after failing several oral English proficiency exams administered by the district. The tests became mandatory after voters approved a ballot question in 2002 requiring public schoolteachers to be fluent and literate in English.
Two of the teachers are Cambodian refugees, and the third is Puerto Rican. Vong Oung taught for nine years at the Bartlett Middle School. Vandy Duch taught for 17 years at the Daley Middle School. Pedro Espada taught at the Robinson Middle School from for 11 years. All three were bilingual teachers in the Lowell schools.
In March 2006, an independent arbitrator, Richard Boulanger, sided with the teachers and excluded the oral test results because the city could not get the original test graders to testify about their conclusions.
Superior Court Judge Christine McEvoy upheld Boulanger's ruling, agreeing that the teachers were wrongly terminated and should be given their jobs back, in addition to being paid back wages. McEvoy at the time said the School Department could have considered alternatives to firing the three teachers. All three have been on the payroll since January 2007, but it is unclear in what capacity.
Lawyers for the teachers successfully argued at the time that the ballot question did not define "fluency" or say that only non-native English speakers had to demonstrate English proficiency. The School Committee appealed that decision in December 2006.
Yesterday's decision could cost the district as much as $500,000 in back wages if the School Committee decides not to continue the appeal process.
Superintendent of Schools Chris Augusta Scott referred all inquiries to James Hall, the School Committee's lawyer.
"Right now, we are evaluating the ramifications of the decision and we will present that to the School Committee," Hall said. "We will wait for instruction from the School Committee, but beyond that, I really cannot comment except to say that we are disappointed with the decision."
Mayor Edward "Bud" Caulfield, who chairs the School Committee, also declined comment until he studies the matter.
"I know our Law Department is on top of this issue so I'll save my comment until I research it further," Caulfield said. "But let's see if we can get through this without costing the School Department a lot of grief and a lot of money."
The teachers, all of whom taught math and science at the middle-school level, were fired by then-Superintendent of Schools Karla Brooks Baehr after failing several oral English proficiency exams administered by the district. The tests became mandatory after voters approved a ballot question in 2002 requiring public schoolteachers to be fluent and literate in English.
Two of the teachers are Cambodian refugees, and the third is Puerto Rican. Vong Oung taught for nine years at the Bartlett Middle School. Vandy Duch taught for 17 years at the Daley Middle School. Pedro Espada taught at the Robinson Middle School from for 11 years. All three were bilingual teachers in the Lowell schools.
In March 2006, an independent arbitrator, Richard Boulanger, sided with the teachers and excluded the oral test results because the city could not get the original test graders to testify about their conclusions.
Superior Court Judge Christine McEvoy upheld Boulanger's ruling, agreeing that the teachers were wrongly terminated and should be given their jobs back, in addition to being paid back wages. McEvoy at the time said the School Department could have considered alternatives to firing the three teachers. All three have been on the payroll since January 2007, but it is unclear in what capacity.
Lawyers for the teachers successfully argued at the time that the ballot question did not define "fluency" or say that only non-native English speakers had to demonstrate English proficiency. The School Committee appealed that decision in December 2006.
Yesterday's decision could cost the district as much as $500,000 in back wages if the School Committee decides not to continue the appeal process.
Superintendent of Schools Chris Augusta Scott referred all inquiries to James Hall, the School Committee's lawyer.
"Right now, we are evaluating the ramifications of the decision and we will present that to the School Committee," Hall said. "We will wait for instruction from the School Committee, but beyond that, I really cannot comment except to say that we are disappointed with the decision."
Mayor Edward "Bud" Caulfield, who chairs the School Committee, also declined comment until he studies the matter.
"I know our Law Department is on top of this issue so I'll save my comment until I research it further," Caulfield said. "But let's see if we can get through this without costing the School Department a lot of grief and a lot of money."
