PSS objects to teacher fair dismissal bill

The Public School System is opposed to a Senate bill that proposes to provide “fair dismissal” of PSS teachers, saying it infringes on its autonomy and could jeopardize federal funding.

In a prepared letter to Sen. Henry H. San Nicolas, author of the bill and chair of the House Committee on Health, Education, Welfare and Programs, Board of Education chair Roman C. Benavente and Commissioner Rita H. Inos said that after much deliberation within the system on the merits of the bill, it is seen as infringing “on the autonomy of the PSS and may negatively impact our ability to obtain federal funding.”

In addition, the officials said that PSS has adequate policies and procedures to protect its teachers.

Further, they said that the Constitution and Public Law 6-10 clearly grant the BOE the exclusive authority to control PSS personnel matters.

San Nicolas introduced Sen. Bill 14-64, titled The Teacher Fair Dismissal Act of 2004, last month. It enumerates guidelines on the renewal of teachers, termination, suspension, and evaluation to ensure a fair process.

In their letter, Benavente and Inos said that the Senate bill could negatively affect the over $25 million in federal funds that PSS gets each year, “by requiring PSS to retain teachers who have not met the minimum national requirements as mandated in the No Child Left Behind Act of 2001.”

They said current BOE and PSS policies are consistent with the intent of the federal law. Current policies require that PSS teachers must hold at least a bachelor’s degree, state certified, and must have passed a core subject competency test, which must be met by the end of school year 2005-2006.

“This bill does not meet the spirit of the No Child Left Behind [Act] in ensuring that only highly qualified teachers educate our children… If the CNMI cannot show proof that teachers are up to the highly qualified standards, then PSS stands to lose millions in federal funding,” they said.

The education officials said “the steps proposed in the bill to terminate probationary teachers are burdensome and unnecessary, considering the federal mandate.”

Further, they said that the bill contradicts PSS policies and regulations Section 1501, which states that no employee has a right to the renewal…regardless of whether or not job performance is satisfactory.”

They said that the decision whether to extend an offer or not for employment “is wholly within the discretion of the PSS.”