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Read comments (25)Dawn Plummer, Crystal McGraw and Nathan Reeder were fired after former Interim Superintendent Donn Quick accused them of violating standardized testing security protocols and inappropriately preparing students for the Missouri Assessment Program test.
Court documents provided by attorney Mark Nasteff's office claim the Marshall Board of Education's process denied the teachers' their due process rights and "engaged in procedural steps that were unlawful."
The appeal lists 10 aspects of the process the teachers believe violated their rights:
1. by holding a consolidated hearing,
2. by allowing an attorney associated with the prosecutor advise and caucus with the board during the hearing,
3. by ignoring all evidentiary rules,
4. by allowing the prosecutor to speak to the board in private during the proceeding,
5. by allowing its attorney to threaten and intimidate (them) during the investigation,
6. by considering evidence that was not permissible before the board,
7. by allowing the attorney for the board and others to convey to sequestered witnesses the facts and evidence presented out of the presence of those sequestered witnesses,
8. by disregarding the evidence presented to them,
9. by pre-determining the case without regard to the evidence produced in the hearing, and
10. by allowing finding that the evidence met the burden of proof despite a lack of any evidence to support the charges.
Was a hearing ever scheduled?
Any word on the outcome of the appeal?
Well bsc1223,
You don't know if these folks are guilty of anything any more than I do. What they want is a fair hearing -- their day in court -- and that is something every American is entitled to and guaranteed by the good word of this Nation's Founding Fathers.
I support the right of these teachers to a fair and just hearing in a court of law. Anything less would be un-American.
One person has posted on here, "thank God for the appeal" and "good prevails over evil". Well, so does a clear line between right and wrong! First of all, I have no friends or person of interest in this on either side of this situation. Now...just because you CAN do something, doesn't always mean you SHOULD. Computers can always be looked at even if one believes everything is erased and gone! The govt. and local police where I live, access that all the time...why? Because of people who try to hide their trail of deceit.I have no clue if these people are innocent or not and it's not for me to determine. I do have my personal opinion. Whatever the outcome...these individuals appealing this have nothing to lose by doing so! So, yes, i'm sure they are glad to do so, and the lawyers will more than likely be the only winners in the end. This is not a "personal hit" on these particular teachers...and some of the comments put that spin on it to divert the focus FROM the teachers and onto something else. If these teachers had any common sense, they would realize computers aren't like the pencils their students, who are supposed to be learning are using in their classrooms...there's no little pink eraser on the opposite end to erase a mistake! Sometimes, it's an actual professional who can see it all, regardles of what has allegedly, tried to be erased from a computer. What a sad mess...no winners here no matter what the verdict is. What's so hard about being an elementary school teacher and being honest? Honesty is a prime factor at such an impressionable age in a child's life and education.
Funny you mention that one of the "accusers" wasn't at Eastwood during the MAP Tests of 2005, because two of the accused teachers were not at Eastwood at that time either.
Why would we care where these teachers spend there day. If they are at Stonehedge or Wal-Mart why would that be our business? There were problems at Benton with some teachers not getting along and they sent one of them to Eastwood last year and she is right in the middle of this whole mess. An "Accuser" of course she still has her job. But wait she wasn't there in 2005 when this "cheating" took place. Hmmm
My first thought after reading Odette's comment is that it almost seems Odette has not read the above article.
Clearly we don't know what exactly transpired with these teachers since they have never been given a fair hearing. A fair hearing means that the board or court follow the law and allow in only evidence that is acceptable under the law. A fair hearing is a hearing that follows the procedures WE the CITIZENS enacted via our State Legislature. The School Board failed in both of these crucial areas and thus we have no idea if these teachers are guilty of any wrong doing what so ever. I guess time honored American jurisprudence traditions such as "presumed innocent until proven guilty" are something vague and unfamiliar to Odette.
In fact, this is a classic example of why we have an appeals process to any school board decision. We have a perfectly capable court system that will ensure these teachers actually receive a fair and impartial hearing that follows the rules WE the CITIZENS set up, and it is the Court that will have the final say in this matter -- not Odette -- and certainly not that inept School Board that blatently violated these teachers' rights to a fair and impartial hearing.
As to the "what if" question that Odette wants an answer to...well I am sure those teachers will cross that bridge when they come to it -- if they come to it and that is a big "if."
However if Odette would like to know my humble opinion, if the teachers should lose their appeal -- which I for one highly doubt will happen -- then I believe that with a critical shortage of teachers, in both our State and our Nation, these highly trained, experienced, and qualified teachers will have no problem what-so-ever finding work. However, unfortunate as it may be, the local public school system will not find it nearly as easy to replace these teachers as it will be for these teachers to replace their jobs.
As to back pay, if these teachers are cleared by the Court in this matter, they will be entitled to;
1.) all back pay up to the day that they are officially reinstated in their jobs,
2.) all benefits reinstated -- including any accrued holiday and vacation time, and
3.) be returned to their teaching positions with full seniority and their employment record cleared of any mention of these charges.
In addition, they may be entitled to recoup legal fees paid out in an effort to clear their names.
In my opinion, in the end it will be the tax payers who will end up footing the bill and all due to an inept and incompetant school board that failed to enforce the rules and procedures that the law required of them.
As to Odette's apparent prejudgement of these folks, may I suggest Odette "treat others the way you would want to be treated." I feel quite certain that if it was Odette's rights that had been wrongfully violated -- as the rights of these teacher were -- Odette would probably be screaming at the top of his or her voice and demanding justice.
MarshallMOgal,
I absolutely agree with you, these current School Board members have to go and the sooner the better.
They clearly ignored legally required procedures that are there to ensure that the accused get a just and proper hearing. By violating the laws regarding procedures, the current School Board members demonstrated nothing more than contempt for OUR rules and OUR procedures and in the end, contempt for the folks that put them on that Board -- the voters and tax payers of Saline County. In fact, it appears from their blatent disregard for OUR procedures, that they forgot who their bosses are -- the people, the voters, are the boss and by God the voters will have an opportunity to demonstrate who is boss to these renegade School Board members in the next school board election.
These current School Board members have got to go!!
I don't care who's to blame at this point. What I think is this was handled badly. These tests are to test the teachers not the students. I had a child at Eastwood this past year and she hasn't heard much about this issue. We didn't talk about it with her or in front of her and if she had a question we addressed it. She is nine; she had ball games to play, girl scouts, and many other activities to keep her busy. She is ready for fourth grade as I'm sure all the Eastwood students are. These teachers did their job the taught our kids. It's up to us as parents to help them not get caught up in questions about their teacher being a "cheater" or an "accuser" they don't need to know all this. They love their teachers and that's how it should stay. As for the board.....NEW BLOOD!!
oldschool17
In a comment below you say in regard to the Teachers' appeals, "This appeal won't get them anything."
That is a very interesting thing for you to say.
I have to wonder did you see that in your crystal ball?
You may want to consider this. Those teachers have an excellent legal argument. In addition, a court room is far different than a school board room. The rules are different and the way the cases are handled are different. It has highly regimented procedures, rules of evidence, and those teachers have considerable rights under the law in a courtroom. A school board can pretty well do as it wishes. The board votes and a simple majority carries the day. However, in a court of law its not quite that simple.
You say "this won't get them anything," but the fact is it may just get them their jobs back -- with back pay! In fact, given the nature of the case, the evidence, and the legal forum they are now in, it is more likely than not that the board will be overturned.
It should be interesting to see how this all turns out. You may very well be seeing those folks again real soon.
The 12:30 dismissal days are a thing of the past except on weekends preceding holidays. The 2:15 dismissals on Wednesdays will remain a part of the schedule, due to the time they allow for teacher collaboration, without having to start school later than normal.
WORD!! Half days blow!
Give it up people. Those teachers are done and gone! This appeal won't get them anything. It's a new school year, how about everyone get on with their lives and put all this stupid junk behind them! Sports are in full swing, the classes will be starting very soon, and everyone can just get over it. Oh and on another quick subject, moving to a 4 day school week, is it me or are the kids only going to school like 3 total days a week anyway?? How about instead of cutting that time even more we just keep kids in school 8 to 3 Monday thru Friday like it use to always be done? If you cut a day off, then you darn well better get rid of all this out at noon junk every single day!!!
I agree with countryman's comments. If wrong doing was taking place and it has been proven that it has, then the board made the right decision. It shouldn't matter which school year the testing materials came from, the testing procedures should be the same. Even after the tests are finished they shouldn't be copied.
It also shouldn't matter how long Mr. Quick was at the district. He did his job as acting supt. didnt' he? I'm sure it wasn't his desire, intentions, or wish to have to deal with this "mess" in his short time at Marshall. He was just filling in after all. It wasn't his fault that these teachers did what they did. It also isn't his fault that it was brought to his attention and he dealt with it!
This whole thing is a shame for the kids. Parents send their school everyday expecting, and rightfully so, that their children are going to school and being educated by high quality devoted teachers that are ETHICAL! Cheating is not ethical in any way-NO MATTER HOW YOU CUT IT! Nobody forced these teachers to cheat! No matter what pressure to succeed they were under, cheating is NOT acceptable.
I just wish the district the best and Marshall should be grateful for the Board of Education for giving of their time. Mind you, they are NOT being paid ANYTHING for their services. With all of this talk of getting a new board we should see a flurry of names in the paper of all of those that want to run for the board this next election. Yeah right!?!?!?!?
Let school begin!
You know Mrs. Kayla....I bet you are as honest as they come.....RIGHT. My daughter is disabled and had Mrs. Plummer for a teacher and she was the greatest teacher you could ever ask for. I hope that justice prevailes and these teachers get their jobs back
you know what how would you all feel if it was your kids getting cheated on tests you know teachers are suppose to teach not give bad examples that tells our kids too cheat lie and maybe know one will care but you know what kids need to be taught not let slide by just because teachers are fed up with them whats that say about our teachers they dont care
To the accused teachers and Counselor Nasteff,
Way to go on appealing the kangaroo court that the board of education conducted. I hope when a judge or a jury of your peers hears this case they will laugh at the ridiculous manner in which this case was conducted. I pray that one day those on the board, in addition to the agents of their destruction, i.e. Counselor Steven Wright, Mr. Donn Quick, and the "accusers", will realize the horrible situation they have created for your families, and for the future of your careers. Maybe the community will elect a new board who would never think of ruining the livelihood of three quality educators, who love their profession.
First of all countryman, Mr. Quick was merely the INTERIM superintendent. He was only in the district four days a week, and rarely dealt with any actual problems. It seems he came in here, created problems, left with the west wind, and is now laughing at the mess that he has created. It is a mess that is likely to be remembered and felt in this community for years to come, caused by someone who came with not very high recommendations from his former employer, Higginsville. Second of all, those copies of tests were from the 2005 school year. It is not as if someone who wasn't accused of wrongdoing couldn't have copied the test and kept it all these years for herself.
How in the world did the school board become evil and violating DESE rules regarding test security become good in this dramatic little conundrum?
Lets face it, somebody somewhere broke the rules as standardized tests arrive sealed and the only person authorized to have access before test day is the school counselor. If this rule was not broken, then how did a scanned copy, a paper copy, and a game program with test questions get to the superintendent?
So given that rules were broken. What next, folks? Look the other way?
My point was more they had already decided their fate. Why bother with the circus. Time for NEW blood in the board. Three strikes your out!
Well..MarshallMogal...with school starting next week it would have been remiss on the part of the board and administration not to have a plan in place to quickly fill any vacancies.
It sure didn't take any time for the school board to announce the new teachers at Eastwood. It had to have been decided much earlier. I think it's time for a NEW board. They have had enough screw ups. It's time to get OUR schools back up to par and consider these kids education.
Oneofthoseleftbehind,
You know of Steven Wright??? That sure could give some insight on this mess!!! I am amazed at how much hearsay is going on in the community.... Wonder what will come of this process.
Having been on the receiving end of Steven Wright's intimidation and threats myself I hope the court throws the book at the district for allowing this kind of treatment of its teachers! This kind of crap goes on a LOT more than you would believe, folks!!! Is it any wonder why good teachers are leaving education in droves?
Wright's the same guy that every school district wanting to force somebody out brings in to do the dirty work. Knob Noster did it last year, too.
Thank God for the appeal.
Remember Good always prevails over evil.