Facing unruly students, teacher goes to court

Philly.com ^

[Sub-Driver]

Facing unruly students, teacher goes to court David Pitone, in his first week of teaching, sent them to the principal's office. They were sent back. He seeks a court order. By Susan Snyder Inquirer Staff Writer

During his first week as a new teacher this month, David Pitone was unable to handle the unruly students in his computer science class, so he sent them to the principal's office for discipline.

But officials at Audenried High School in South Philadelphia sent the students right back and told Pitone he had not followed proper disciplinary procedures.

Now, Pitone, 40, has taken the unusual step of turning to the courts for help. Pitone, who also happens to have a law degree, is a former computer engineer who is part of a special program that places professionals from other fields in teaching jobs while they get their teaching certificates.

In papers filed yesterday in Common Pleas Court, Pitone, who has taught only 21/2 days, is seeking an emergency court order that would temporarily allow him to eject students who he said cursed at and threatened him, while he seeks permission to do so through the district's grievance system.

"To me, this is an emergency," said Pitone, of Philadelphia, who has not been working since Wednesday, when he said he was told he could not eject students anymore. "People are making moves at me like they're going to punch me, then backing off. They know I can't kick them out. That leads to other students getting unruly."

District officials yesterday defended the school's position and said it was Pitone's job to manage his classroom.

"We're in the business of trying to keep students in the classroom. We're not in the business of kicking them out. He's a teacher. A teacher is a very, very tough thing to be. You have to be able to manage a lot of children in different stages of development. That's his job," said Wendy Beetlestone, the district's general counsel.

Audenried principal Bessie Young said yesterday that Pitone failed to fill out the proper forms to have students removed and that there was no evidence that a fight or threats had even occurred.

Disruptive student behavior has been a long-standing problem in the district, which last year adopted a tougher code of discipline.

Complaints such as Pitone's are not unique, but a teacher's seeking remedy through the courts is unusual.

Spokesmen for both the American Federation of Teachers and the National Education Association and experts on school discipline said they were unaware of a similar case.

Some observers said that it was unlikely that a judge would intervene until the teacher had exhausted all internal remedies through the teachers' union contract. It could take four to five months for a grievance case, and during that time, the teacher would be required to follow procedures.

A judge is scheduled to review the matter at 1:30 p.m. today.

Hearing of the situation, Irwin Hyman, a Temple University psychology professor who specializes in school discipline, said: "I know some teachers send kids to the principal's office every time a kid sneezes. That's wrong. But the principal shouldn't just send a kid back up to a brand-new teacher who doesn't know what he's doing. Obviously, the guy was having trouble handling these kids and needed help."

Ted Kirsch, president of the Philadelphia Federation of Teachers, said most teachers would "love" to be able to send problem students to the office on the spot.

"It's not reality in an urban setting," Kirsch said. A teacher must show that he or she has made efforts to maintain order: "If you're there less than a week, I wonder what efforts you made."

In-classroom discipline strategies include lunchtime detentions, removal of privileges, and additional work. Some teachers also arrange with nearby colleagues to swap unruly students so that the students get some time out of the classroom where they had problems. Teachers also are encouraged to make calls home to parents.

Pitone said he was not asking for the students to be removed permanently. But he wanted a disciplinarian to deal with them before sending them back.

"I'm the teacher. They should have another group that handles discipline," he said.

Young, Audenried's principal, said Pitone "didn't want to follow any policies or procedures."

She also said he left the building in the middle of the school day without notifying anyone.

Pitone contends that he did fill out the proper discipline forms. He left because he was unhappy with the response from the school, he said.

Pitone said students were out of control on his first day, Oct. 7. Pitone said he then took three days off for medical reasons and returned Oct. 14.

"Almost every student would back talk every instruction," the court papers stated. He also observed "nude images" on a student's computer screen.

Pitone had little experience dealing with students before entering the classroom. He participated in four weeks of district training for new teachers in August, where, he said, he learned about establishing "consequences" for poor behavior and the importance of being "stern" at first to set the tone.

He does not have a teaching degree. He is enrolled in the Corporate to Classroom program, which started in September at Holy Family University.

Susan Dinnocenti, director of the program and an assistant professor at Holy Family, acknowledged that Pitone is a student "in good standing" but declined to comment further.

Pitone said he thought he would be able to remove students who cursed at him or acted in a threatening manner because that's the way it was when he was a student: "It's like hot dogs and apple pie. I just thought you could do it."

[Final Authority]

Last year in Raymond NH a teacher got on her cell phone and called the police to report a 19 year old student for criminal threatening. The district and the teacher's union, if my memory is correct, disciplined the teacher and then covered this up.

There is no room for behavior from students that disrupt the mission of learning, anytime in school on the public dime. Clean up the schools and throw out the problem people and get to the job of teaching/learning and the result will be cheaper and better.

[Dallas59]

They should kick these kids out. They made thier choice in the classroom. Let them try to get by on the street with no education. And NO I do not feel ANY sympathy if they get involved with drugs, prostitution, etc. I’m tired of supporting drug habits and other crappy lifestyles with my HARD earned tax dollars no matter what the age of the recipient is OF those tax dollars.

Period.

[dennisw]

Put two video cameras in his class room and eject/expel the trouble makers who prevent others from learning. Why should those with mental problems and drug problems be able to stop the students who want to learn?

If I ran a public school system the first priority would be classroom calm and discipline.

[razorbak]

Let the teacher "hire" [for decent price] the toughest two guys in school to sit in his class and take care of the problem. No written agreements, just verbal. Call the student enforcers "mentors."

[eborys]

My wife has been teaching for over 20 years at the middle school and high school level. The school system has degenerated beyond belief. Yes, there is little support from administrators… unbelievable rampant incompetence of principals.

She maintains an orderly quiet classroom, at a great emotional strain and drain. On a daily basis she is told by students, "I ain't gonna listen to any fu**ing white bitch"… books and papers are throw on the floor… walking around the room screaming… "You can't touch me"… obscene gestures… etc. Many students won't leave the classroom when instructed to do so… a cop has to take them out in hand cuffs. Virtually without exception offenders are sent back to the class room regardless of the discipline infraction, or left to roam the halls the remainder of the day.

When my wife phones a student's "home" she is immediately accused of being a racist and not liking blacks or hispanics... whatever the circumstance. White parents echo the tried and true, "He said he didn't do that."

There are "students" in middle schools that are 15 and 16 yrs old and have not earned more than 1 or 2 credits. There are students in the high schools that are 20 years old and have earned between 0 and 2 credits.

My wife's current teaching assignment is at a high school that has 6 full time city policemen on duty and 4 "principals". 2000+ students registered, and on parent-teacher conference days about a 100 parents show up. Most of the reading levels are at 3rd grade or less. When the Pledge of Allegiance is recited at the start of the school day most students remain seated.
In this district there are 23 schools on the state watch list due to low achievement scores. No one will talk about the real reasons for this sorry state of education. The solution to all these problems inacted by the school board was changing school day starting times to later in the morning because, "Studies have shown students do better with more sleep."
My wife has tendered her notice of retirement. It appears that in the next two years there will be well be between 600 to 1000 teachers retiring, to which the school superintendent commented, "Good, we'll be getting rid of a lot of high priced salaries."

[TomSmedley]

The school administrator said that it is the school's function and purpose to keep students in the classroom. That says it all about our public schools. He basically admitted that public schools exist as babysitting operations, the sole purpose of which is to keep the kids together in one place.

Actually, penal institutions, filled with people who are compelled to be there. As John Gatto pointed out, contrast the public school atmosphere to what you find in a library. People in the library want to be there, you see.

[Arpege92]

Just a few months ago, a teacher in my community was beaten up by a fourteen year old boy and his mother. Apparently the teacher had sent this young man home due to his bad behavior. As soon as the kid got home and told his mother what happened, she called the school to talk to the teacher. Well, she talked alright! She threatened to come down to the school and kick this teacher's a$$. She carried through with her threat.

Both her and her son beat this poor woman. They actually picked up chairs in the classroom and used them to hit the teacher over her head. Another student who witnessed this attack ran out of the school and called the police. Both mother and son are in the county jail right now waiting to be tried in court.

[mathluv]

"I'm the teacher. They should have another group that handles discipline," he said.

I was with him until I saw this statement. Does he expect the kids to just sit quietly to learn? - not in the real world. Does he expect someone else to sit in his classroom to control the kids? - not in any world.

[mathluv]

The teacher's associations should've sued many administrations starting decades ago for dereliction of duty.

The administrators ARE IN the union, and probably are the administrators of the union.

[Nov3]

Pitone, who also happens to have a law degree, is a former computer engineer who is part of a special program that places professionals from other fields in teaching jobs while they get their teaching certificates.

The NEA will never let this guy teach period. It would be a threat to their dominance.

The gall this guy has - trying to maintain order in a classroom how insensitive!

[jimt]

This type of behavior is commonplace, and tolerated in our government schools. Kids that used to be sent to reform school are now classified as "developmentally diasbled". A little creep so classified can cuss out a teacher, or even become physically violent, with no consequences.

Scummy "parents" make excuses for their progeny, and actively fight any disciplinary measures, no matter how just. In the name of political correctness, the worthless administration educrats set up one roadblock after another to prevent any real discipline from happening.

At my wife's middle school there are three layers of educrats between the teacher and the principal. In a middle school ! You'd think it was a university with all the "deans" and "coordinators" and such they have running around. All highly paid, and all contributing negatively to actual education.

The poor guy in the article came from the real world where people acting like his little creeps got fired and escorted off the property, or arrested. No wonder he can't handle the fantasy world of the educrat.

My prescription for education? Fire 90% of those who aren't classroom teachers, janitors, bus drivers or cooks. Cut the budget 50% - easy, as there are at least 2.8 non-teaching employees for every classroom teacher in HISD. Send any little creep who refuses normal discipline to reform school, like the old days.

Education would improve dramatically.

[samiam1972]

In my 3rd year of teaching 2nd grade I had a student punch me in the stomach. I was 4 months pregnant at the time. Nothing happened to this student. He was back in my class the next day. I had been trying since day 1 to have the child removed from my classroom. I followed all the proper procedures and got no results. I tried sending him to the principal but he'd be back in my room within 5 minutes. I wasn't prepared to handle this child. I couldn't teach the other students because I was too busy dealing with this one child. Other kids would feed off of his behavior. I loved the few days that he was home sick! I finally quit and relocated to another state with my husband. I let the system get the best of me. I wasn't going to risk the life of my unborn child just to babysit this student. It wasn't worth it. I'll never go back to teaching in a public school.

[tsomer]

The NEA will never let this guy teach period. It would be a threat to their dominance.

The school's administration probably dumped the worst students on him. They probably despise him, but mainly see a chance to dump their worst problems onto someone else's back.

If that teacher survives this year, and he's smart, he'll learn the game. Teachers use seniority to manage themselves into tolerable,insulated situations inside these animal shelters.

It's probably too late, however. He has comitted the unpardonable sin of showing that public ed is a feather bed.

[grania]

Put two video cameras in his class room and eject/expel the trouble makers who prevent others from learning. Why should those with mental problems and drug problems be able to stop the students who want to learn?

Actually, there are already eyes and ears in the classroom. In some classes, whenever a teacher loses his/her temper or something unusual happens, the kiddies just take out their picture/cell phones and send the pictures and discussion to their friends in other classrooms. They all get a good laugh out of it.

Pretty pathetic, huh?

[grania]

The administrators ARE IN the union, and probably are the administrators of the union.

I've always thought that was a conflict, that administrators should have their own union and that teachers would fare better as adversaries.

The union here is worthless. By the time a legal situation gets bad enough for it to be addressed, it can take years out of a person's life (it happened to a friend of mine, with a bogus charge).

I'm a retiree, and pay retired dues, granted, not a lot, but still I'm a member, right? Well, we don't have union legal protection in the classroom, and the union doesn't back us for things like prep period coverage.

Why do I do it? The local school recently got a decent administration that understands that if they treat substitutes like pool slime, they won't have any.

[Wneighbor]

I teach in a small college. I just found out yesterday that our local high schools no longer allow teachers to send students to the principles office at all except for actual physical violence. Has to be contact, no simulated contact.

I'm still shaking my head at this one. These are the students they are now sending me and expecting me to teach to be part of the local workforce. Sheesh.

[kancel]

>>Incompetent parents regard the school system as a holding tank for their little thugs. Kick the punks out. What's so hard about this?<<

I agree with you but I see a potential problem. After their Johnny gets kicked out of school he goes and knocks over a liquor store. He gets busted. Having his future ruined, the parents turn around and sue little Johnny's teachers/school/district/city/state government for keeping him from getting an education and having to knock over liquor stores.

Stranger things have happened.

[ladylib]

Contrast public schools with private schools. Students are generally happier in private school.

[tracer]

"The problem is, because this man has not been backed up, the kids know they have won,"

The little bastards will see the true nature of their "victory" when they come face-to-face with "market forces," fail miserably and become unemployed or "under-employed (if such is possible), futily blame "The System," and win as their ultimate "victory" and honored place in the joint or on a slab.

All the more reason for the rest of us to lock and load.....

[Walkingfeather]

At freerepublic we should form a "Cousin Joey" fund.

The fund would establish cash used for bail and legal defense and funding to have either the teachers Kick these kids asses in the classroom. Or hire some same aged kid from the other side of town to come into the class and beat the sh*t of of these punks while the teachers back is facing the chalk board. When it is reported he can say...." He has seen no evidence that a threat or fight occured"

Now who wouldn't chip in for such an important educational funding mandate!