Suppose you’re running a factory and a worker grievously assaults a supervisor. More than that the worker involved has a history of threatening others and in the best of times he’s a disruptive influence on the manufacturing floor. So you decide that it’s long past time for him to go. But before you’re permitted to fire him you have to send him a written notice of your intention and not sooner than three days out you have a schedule a hearing before a board consisting of yourself and two impartial outsiders. At this hearing the employee has the right to a transcript and a lawyer who can question anybody for the record. But even if this board does decide to fire him he can appeal to the firm’s board of directors again with his lawyer present who will, as night follows day, hold the threat of further very expensive legal action over the directors’ heads.
And if the board of directors supports the decision of your board of inquiry – the employee who assaulted the supervisor can only be fired for one year. After which you have to hire in back with rate of pay he would have reached by not being “fired” at all and again under threat of legal action you have to establish the procedures you put in place which ensure that the employee suffers no adverse discrimination because of his past history.
Oh, and you can’t report the assault to the police otherwise you will be fired – but with no right of appeal.
Add to that burden the fact that a very similar and just as laborious procedure exists for disciplining a worker who doesn’t do any work or who stays home “sick” a lot, sells dope in the locker room or steals his lunch from the cafeteria.
Question – How long would it take for you to move the factory to Mexico?
Well, welcome to due process. And although they may slightly vary from state to state are the rules administrators have to operate under in public schools. Which I don’t have to point out cannot be moved anywhere.
Wouldn’t a better name for this be “Goo Process?”
Here’s some comments from teachers:
As a student and later as a teacher I found that “special needs” can mean something more akin to “criminally insane”.
As long as the future “criminally insane” student doesn’t kill or permanently maim (physically) others, it is his/her CONSTITUTIONALLY MANDATED RIGHT to destroy all other students’ rights not only to learn, but to life, liberty, property, the right to associate, and to pursue happiness.
Oppositional defiant = kiddy sociopath. Throw in not-so-stellar IQ and let the games begin!