Kansas High School Teacher Fired for Being Conservative?


The Old Media won't talk about this fired teacher. Is it because he's a conservative?

Early in May, Lawrence High School of Lawrence, Kansas fired government and history teacher Tim Latham. Latham charges that District 912 fired him because he is a conservative and many of his students have since rallied to his defense. Some 200 of them joined a FaceBook page in support and four appeared at a school board meeting on June 8 to advocate for their favorite teacher.

One reason given for the firing is that Mr. Latham did not show Obama’s inauguration live in his class and another is that staff members disparaged him for supporting Republicans during the late presidential race, most especially then vice presidential candidate Gov. Sarah Palin.

On June 8, an advocacy group, Kansas 9.12 Project also attended the school board meeting and spoke on Mr. Latham’s behalf.

Meredith Richey, member, Kansas 9/12 Project, said it had come to the attention of the group that a teacher within Lawrence Public Schools was given a non-renewal because of a difference in political opinion. She asked the board of education to investigate this and possibly reconsider the non-renewal or check into how teachers are released so this is not a pattern in Lawrence. She said different opinions should be tolerated and she believes this is worth exploring.

According to a press release from the Kansas 9.12 Project, school board members admitted to the teachers union that they had not properly followed union rules to dismiss the teacher.

Prior to meeting with Mr. Cunningham, the Kansas 912’ers met with the teacher and then later met with the teacher’s union representative from the Kansas National Education Association (KNEA). The KNEA representative stated the district admitted they violated the current employment contract by failing to do required in-class evaluations in accordance with the teacher-agreement. He also indicated LHS administrators appear to have harassed the teacher over an assignment where students were asked to contrast the pro’s and con’s of each presidential candidate during the fall election and again because his class did not watch the Presidential inauguration live in his classroom. Harassment also included a Vice Principal confronting the teacher about — who he should vote for — and by making disparaging remarks like ”how can you support that woman”, in reference to Sarah Palin. In addition, the teacher was also knocked by other staff members who criticized him for displaying a McCain/Palin bumper sticker on his car and one administrator even demanded he remove links from his teacher webpage to government and historical websites including the armed forces and Arlington National Cemetery, suggesting the teacher’s page was “too patriotic.”

Another school board meeting will be held on June 22 and Latham’s supporters intend to appear then to pursue the matter further.

Kansas media outlets do not seem much interested in this story, though the Kansas Liberty (subscription required) did cover the story at the end of May. Coverage has been extremely scarce.

Earl Glynn, of the website Kansas Meadowlark blog has some interesting video of what students had to say about Mr. Latham.


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Mr. Latham was "only" fired.....

Kenny Solomon (Diary) Thursday, June 11th at 7:05AM EST (link)

…..because the re-education camps aren’t open yet.

 

This is pretty important to me...

EvanWeeks (Diary) Thursday, June 11th at 8:14AM EST (link)

…since I’m starting school this fall to change careers into teaching (granted, teaching religion and philosophy, but still).

I’m rooting for him. Shall we find out who the congressmen from that district are and start sending letters/calling?

EvanWeeks – Dad. Conservative. Patriot.

 

Thanks for bringing this to our attention Warner!....

JadedByPolitics (Diary) Thursday, June 11th at 9:14AM EST (link)

I say it all the time these liberal COCKROACHES that infest every facet of our lives need to have the light of day shone on them!

 

I fear conservative teachers are becoming as rare as

pilgrim (Diary) Thursday, June 11th at 9:17AM EST (link)

conservative movie stars. Apparently in Lawrence, KS the same tactics used on conservatives in Hollywood are being employed on conservative HS teachers.


Activists Taking Action: Unified Patriots

Apparently they put forth no reason other than their political objections?

Mike gamecock DeVine (Diary) Thursday, June 11th at 8:03PM EST (link)

They don’t claim insubordination?

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

I don't know about how the KS union works, but in NY, an insubordination charge has to be substantiated.

randy streu (Diary) Thursday, June 11th at 8:04PM EST (link)

And from the sound of it, substantiating an insubordination charge would make these guys look like even bigger jerks than they already do.

What surprises me is that I find no legitimate CHARGE. They seem to be

Mike gamecock DeVine (Diary) Thursday, June 11th at 9:18PM EST (link)

relying solely on political reasons. That seems brazen and stupid, unless the story is incomplete. Is their a policy against teachers having bumper stickers? Did he disobey an order to televise the inauguration live? Of course they will attempt to substantiate any charge, but it seems that their charges are quite transparently political. That is a new twist. They usually have a sham charge to hand their hat on.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

I agree...

randy streu (Diary) Thursday, June 11th at 10:29PM EST (link)

It really seems almost impossible. Hence my comments below. I wonder if the union isn’t backing off on this themselves… which would put them in a similarly precarious position, legally speaking.

There’s almost GOT to be some information missing here. They don’t dismiss a teacher on a molestation charge without EXTENSIVE hearings on the subject.

 
 

Insubordination is very subjective in Virginia.

Herodotus Friday, June 12th at 1:42PM EST (link)

I am not sure how it works in Kansas.

Sign Newt’s Drilling Petition. I have included a link to it in the below. Thank you.

http://www.americansolutions.com/

Under a union contract, insubordination has a fairly precise meaning.

Achance (Diary) Friday, June 12th at 1:49PM EST (link)

Most labor arbitrators or judges applying common employment law in the absence of a specific definition would only find insubordination if the employee was given a direct order, informed of the consequences of failure or refusal to follow the order, and then demonstrably failed or refused to follow the order. That is in the context of insubordination thus defined is pretty much a guaranteed first offense firing offense even under a union contract.

That said, see my discussion of the rights of non-tenured teachers below.

In Vino Veritas

Does that definition hold outside

Herodotus Friday, June 12th at 1:54PM EST (link)

of a collective barganing agreement?

Sign Newt’s Drilling Petition. I have included a link to it in the below. Thank you.

http://www.americansolutions.com/

Absent an express definition in law, policy, or contract,

Achance (Diary) Friday, June 12th at 2:19PM EST (link)

something close to that is what an ALJ, arbitrator, or judge is going to apply. At minimum there will have to be a clear, lawful order and a demonstrable failure or refusal to follow that order to sustain a discharge for insubordination. The piece about a warning of the consequence, e.g., “If you don’t do this, you’ll be fired,” may not be an essential element. Under a union contract most arbitrators will require at least a demonstration that the employee knew or should have know that s/he could be fired for failing or refusing to follow the order.

In Vino Veritas

 
 
 
 
 
 
 

There's one statement in that story that really should be all the state needs to know here.

randy streu (Diary) Thursday, June 11th at 9:18AM EST (link)

No special meetings, no hearings.

The KNEA representative stated the district admitted they violated the current employment contract by failing to do required in-class evaluations in accordance with the teacher-agreement.

The district is in violation of the union contract. Republican or Democrat, as a teacher, this guy pays union dues, he’s a part of the union

I’m quite certain the state can afford neither the attorney fees or the political fallout from a clear-cut wrongful termination case.

 

This puts the union in an awkward position

Next93 (Diary) Thursday, June 11th at 8:53PM EST (link)

The idea of the union being called on to defend someone who doesn’t have his lips firmly planted on the posterior of the union’s own bought-and-paid-for political machine has GOT to be trully galling.

Another reason to root for Mr. Latham.

Though I’m shocked, SHOCKED, that this story isn’t getting more coverage

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.

 

What's Frustrating Here

OccamsRazor (Diary) Thursday, June 11th at 9:35PM EST (link)

Is that it’s another defensive move. “The best defense is a good offense [the majority of times]“.

Why aren’t we forming a legal conservative party analogous to the Fla. based Christian attorneys, whereas they’ll not only defend (with as much media exposure as possible BS such as this), but also to sling mud and tie up D’s with enough false litigation as to consume time, energy, and money?

It’s easy and cheap to make accusations, it’s much more expensive to defend against them.

I have my own answer to my ‘Why’ question above, but am curious of any responses and/or allow the thought to percolate readers.

Kowalski

OccamsRazor (Diary) Thursday, June 11th at 9:44PM EST (link)

I want to clarify that the Christian Fla. based attorny’s group _defends_. I’m not aware of them, in any case, slinging mud and issuing ‘false litigation’.

 

I'm all for it. I would totally donate to any group

kyle8 (Diary) Friday, June 12th at 2:30PM EST (link)

that harassed and filed lawsuits routinely against left wing groups.

“Nothing works like freedom, Nothing succeeds like liberty”
Kyle

Me too!!!

Herodotus Friday, June 12th at 2:46PM EST (link)

I could spare a few dollars for such a group.

Sign Newt’s Drilling Petition. I have included a link to it in the below. Thank you.

http://www.americansolutions.com/

 
 
 

Its Just The Beginning

Bill Higgins (Diary) Friday, June 12th at 1:34AM EST (link)

Thats why there are too many problems with kids in public schools, they are too busy policing the teachers!

Follow me on Twitter!
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I realize this isn't a College or University...but I'm wondering why Conservatives shouldn't employ the tactics of the hippies in the 60s and 70s...

AceInTX (Diary) Friday, June 12th at 12:58PM EST (link)

Stage sit ins…take over class rooms and have prayer meetings…occupy assembly halls and auditoriums and hold political discussions about conservative topics…

Nothing will make a Democrat spit and sputter than turning his own arguments and tactics against him…and I think it’s high time conservatives started doing so!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

Conservatism Activism versus Republican Activism

Swamp_Yankee (Diary) Friday, June 12th at 1:07PM EST (link)

To few know the difference. We do need more conservative activism that is not associated with the Republicans Party and the poltical process.

Agreed...I'm also starting to think it's time to stop refering to ourselves as Conservatives

AceInTX (Diary) Friday, June 12th at 1:43PM EST (link)

due to the liberal media construct of referring to all hard line communist, Neo-NAZI, and racist organizations as conservative…

I like “Traditional Liberal” but even that has a negative connotation because of the word “Liberal”.

I’m thinking of calling myself a “Traditionalist…or maybe more specifically and “American Traditionalist”

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

How about just "American"? "The American Party" maybe? nt

redstatebluestate123 (Diary) Friday, June 12th at 1:50PM EST (link)

Heh...I'd have to look it up...but I think there was an "American Party" pre Civil War which was made up of moderates and appeasers on the slavery issue...nt

AceInTX (Diary) Friday, June 12th at 2:43PM EST (link)
The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

BTW...I'm not talking about Party labels...but a name to describe my political phylosophy which is as a Traditional Liberal/Federalist.

AceInTX (Diary) Friday, June 12th at 2:51PM EST (link)

I don’t like calling myself a liberal even with the “Traditional” descriptor because of what McGovern did to the word Liberal by adopting it to describe his radical leftism…

I’m kind of tired of calling myself a Conservative because of what the media has done to that term…and what it’s come to mean after Bush threw fiscal conservatism under the bus…

Even Federalism has taken on a negative tone because McCain and others like him proclaim to be such when they are nothing of the kind!

So, American Traditionalist I think fits better….and speaks to the old descriptor of Mom, Baseball and Apple Pie as to what America was all about!

Another one just occurred to me…maybe a Constitutional Traditionalist!

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson

Maybe Ishould do a Diary on it...and solicit ideas? nt

AceInTX (Diary) Friday, June 12th at 2:52PM EST (link)
The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson
 
 
 
 
 
 
 

"Non-renewal" usually means a non-tenured teacher

Achance (Diary) Friday, June 12th at 1:30PM EST (link)

is being “dropped” or non-retained before acquiring tenure. It’s about as close to “at will” as public employees get and the “no reason, any reason, but not an illegal reason” rule generally applies. This is the way that the political conformity evident in government schools is enforced; if you don’t “fit in” you don’t get tenure. It really has nothing much to do with skills and short of not fitting in, only live boys or dead girls are likely to get you fired once you’re hired. Once actually hired, teachers have almost no supervision, a principal or teacher in charge sits in the class now and then; almost never with senior teachers. Once you’ve passed the “fitting in” test, you’re a member of the club for life.

While the EA has a duty of fair representation to each member of the bargaining unit whether a union member or not, tenured or not, there are few substantive rights for a non-tenured teacher. The union can do a half-hearted grievance to make sure the processes were followed and then say, “Sorry, all we could do for you.” And that’s about all they’ll ever do for a non-tenured teacher unless it is a real hot-button issue.

In Vino Veritas

KNEA & SAG are birds of a feather

pilgrim (Diary) Friday, June 12th at 1:49PM EST (link)

Whether it’s a public school teacher or an actor, you are SOOL with the union grievance route if you don’t fit in politically.


Activists Taking Action: Unified Patriots

Unless you're enough of a PITA that they have to

Achance (Diary) Friday, June 12th at 1:59PM EST (link)

at least put on a good show for you to keep from getting sued on duty of fair representation grounds. That said, any good L/R practitioner can throw a case and nobody except another good L/R practitioner will know s/he did it. I’ve done lots of DFR arbitrations and I assure you that neither I, the union rep, or the arbitrator had any doubt about the outcome. I think the very last one I did was the dismissal of a patently guilty but very obstreperous long time employee with a disciplinary record. We didn’t start until 9, took lots of breaks and a long lunch, and the union rep, the arbitrator, and I were in the hotel bar before 5. Oh, and he stayed fired.

In Vino Veritas

 
 

From what I can tell this guy is untenured.

Herodotus Friday, June 12th at 1:59PM EST (link)

The Facebook link says that “Mr. Latham, is a new teacher at Lawrence high this year and had his contract non-renewed, letting him know that he wouldn’t be coming back for a 2nd year.” Tenure (or its equivalent) in every state I am licensed in (three) requires three years of service in one school system, so unless this guy moved around from one school to another in the same school system it is my guess that he is untenured.

Sign Newt’s Drilling Petition. I have included a link to it in the below. Thank you.

http://www.americansolutions.com/

If I were a union rep that cared about members

Achance (Diary) Friday, June 12th at 2:12PM EST (link)

rather than politics, a bad dismissal of an untenured teacher would be fun to take on. The implied or express just cause provision of a union contract actually gives an arbitrator more equity power than a judge applying a teacher statute usually has. If the union cared, unless non-tenured teachers couldn’t access the arbitration process, not uncommon, it would be fun to push such a case to arbtiration just to show the employer that they couldn’t hide behind the teacher statute on such cases. Of course, politics is ALWAYS more important.

In Vino Veritas

my thoughts exactly - nt

Mike gamecock DeVine (Diary) Friday, June 12th at 2:16PM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

I'm having a busman's holiday with this, GC!

Achance (Diary) Friday, June 12th at 2:25PM EST (link)

My sojourn into electoral politics got me thinking about big picture labor relations rather than just L/R as it relates to politics and I find I miss it – A LOT. What I don’t miss is feckless political types who simply cannot bear to hear a discouraging word! God, we are the Stupid Party!

In Vino Veritas

I hear you, and as a former union lawyer, I am happy to report

Mike gamecock DeVine (Diary) Friday, June 12th at 2:29PM EST (link)

that I have known and know now several union reps that care most about members and not politics. Most of these call themselves dems but vote mostly for repubs, esp for president.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 

Conservatives are an endangered species in the classroom

civil truth (Diary) Friday, June 12th at 2:52PM EST (link)

…but not a protected class.

Which means, as I think you’re saying here, that Mr. Latham’s only hope is a violation of contract process. Whether such a violation would be grounds for reinstatement would be unclear.

As a practical matter, though, if Mr. Latham is not tenured, he would seem better advised to move to a different school, since he apparently has an excellent evaluation history. Perhaps he can negotiate a deal for a replacment to spare the school board further embarassment.

Conversely, even if he prevails and is rehired at the high schol, the administration will be gunning for him all year and they’ll just throw him out next year after scrupulously dotting their i’s and crossing their t’s, ensuring that he gets lots of negative teaching reviews, which will hurt his chances of future rehiring. And make his life hell in lots of small ways, which is easy to do.

In a worse-case scenario, if they’re vindictive enough (which they might be) administration may try to trump up a misconduct charge to be able to pull his credential. Or failing “defrocking”, they’s at least have a good chance of injuring his reputation in all the ensuing publicity, so that Mr. Latham would damaged goods even if he beats the charges

In any case, in a profession where reviews are so subjective in content, it’s extraordinarily difficult to prevail against an antagonistic administration.

Though if Mr. Latham’s really good at playing Stepin Fetchit until he gets tenure, he might survive if the adminstration decided it was in their best interests to play along to avoid more publicity.

Thus an awful lot depends on the internal district politics, which I’m not privy to.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

yes, but conservative parents are not endangered species...

DONTREADONME (Diary) Friday, June 12th at 3:04PM EST (link)

time for those conservative parents that do not review their child’s assignments to start doing so and make sure that they are getting a proper knowledge of the world’s history. It is high time that parents get involved with teaching children the three Rs as well making sure that history is taught correctly. & teach their children that people make mistakes and that the news media is not the gospel. Whoops, this probably is the wrong place for this rant.

 
 
 
 

Don't Know Kansas Regulations, But in PA

ehosterman (Diary) Friday, June 12th at 2:51PM EST (link)

even non-renewal of a non tenured teacher requires an unsatisfactory evaluation by an administrator. When I served on a local school board we were forced to grant tenure to a teacher we thought was lousy, because no administrator had given her an unsatisfactory rating in any evaluation. The only other way would be to show that the district was reducing staff and the new teacher was laid off due to lack of seniority. Seems like this school district is operating on shaky ground, but every state is different.

Varies from state to state and SD to SD.

Achance (Diary) Friday, June 12th at 2:57PM EST (link)

Unless there is some explicit manner of evaluation required, whatever the SD says is an evaluation is an evaluation. In this case, unless some form is required, the non-retention letter itself could be enough to constitute an evaluation. And, like you, I don’t know exactly what KS requires but I’m reasonably certain that unless this guy has money, a good lawyer, and friends, he probably needs a new career field.

In Vino Veritas

he may not need much money to get a good lawyer

ehosterman (Diary) Friday, June 12th at 3:05PM EST (link)

depending on the Kansas school code. A lot of lawyers will take a case on contingency if it looks like a sure win. Again, who knows what the Kansas school code looks like, but in general they are written by political friends of the teacher’s unions and have lots of protections for teachers both tenured an prospective. I’d be surprised if a non-renewal letter would suffice to show unsatisfactory performance. Usually the unions just assume that all new teachers are liberals and are to be protected.

Doubt there's enough money in the case for a contingency fee

civil truth (Diary) Friday, June 12th at 3:20PM EST (link)

The main relief being sought would not be monetary, rather rehire at the school or at a satisfactory alternative location. Moreover, a lawyer would have to be expert in this area – which again is not going to attract the contigeny types because there’s so few cases would give rise to a large award.

Thus more likely you’ll need to hire on an hourly basis, which would mean that the union would have to cover the cost per provision in their representation agreement if Mr. Latham is going to be able to afford a lawyer.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

 
 
 
 

I noticed the "non-renewal" quote as well and figured that to be the case...but the fact that the Union and Board are backpeddling

AceInTX (Diary) Friday, June 12th at 2:55PM EST (link)

makes me wonder if achieving “Tenure” or “Career Status” applies in this instance?

The “Big Tent” analogy isn’t the correct one…the correct one is a MAGNET…we need to be a MAGNET that draws these independents in who are sick and tired of what’s going on in WashingtonFred Thompson