n"" a

I
BOARD OF TRUSTEES
Layla Avila Jan Baird Sylvia V. Macias Jorge Hernandez Sharon Stys

wnf~tfeR 01 DfstRfct

11200 Telechron

Ave., Whittier,

CA 190605 1 (562) 944-6231 I FAX: (562) 944-9659
CENTRAL ADMINISTRATION
Erich Kwek, Ed.D., Superintendent Cecilia Laidemitt, Associate Superintendent, Administrative Services and Personnel Management Gail Baxter, Associate Superintendent, Educational Services Richard Holash, Associate Superintendent, Business Services

March 27,2012 Tim Traeger, Editor Whittier Daily News 7612 Greenleaf Ave. Whittier, Ca. 90602
Re: Public Records Act Request Received March 20, 2012

Dear Mr. Traeger: On Tuesday, March 20, 2012, the South Whittier School District received your California Public Records Act ("CPRA') request dated March 16,2012. You are interested in reporting to the public about issues of teacher misconduct in our district. We respect your right to ask for this information, and we are happy to furnish it. We would like the public to know that student safety is very important to all of us in the South Whittier School District. You have requested copies of the district's policies on teacher conduct and reporting and investigating claims of misconduct. I have attached our board policies related to these issues. Please let me know if you need clarification or any additional policies. You also have requested "the status of any and all investigations into teacher misconduct dating back to the 2006-07 school year." This request does not seek an identifiable public record, but I can share with you that after reviewing our personnel files, we found only one case where a teacher was investigated for misconduct since 2006. The investigation took place in 2011 and involved an allegation that a teacher improperly helped students during state testing. A statement of charges for the teacher's dismissal was issued and the teacher requested a hearing, however, the teacher resigned before any hearing was conducted to determine the merits of the allegation. The District reported the teacher's separation under allegations of testing misconduct to the California Commission on Teacher Credentialing (CTC) as required by law. We have not heard if the CTC has taken any action against this teacher. Enclosed are copies of the statement of charges and the report to the CTC. We have redacted the names of the teacher and students in accordance with Government Code sections 6254(c) (personnel exception) and 6255 (catch-all exception). (Government Code section 6253(a); Education Code section 44248.) We also need to advise you that additional records exist that are not disclosable based on their being privileged under Government Code section 6254(k)

1

Commission

on Teacher Credentialing
1-888-921-2682 Fax(916) 323·6735
'WWW.CIC.C3.!!OV

Division of Professional Practices

1900 Capitol Avenue, Sacramento, CA 95811 SCHOOL DISTRICT NOTIFICA nON OF CREDENTIAL HOLDER'S CHANGE IN EMPLOYMENT STATUS DUE TO ALLEGATIONS OF MISCONDUCT (California Code of Regulations, Title 5 section 80303) Name of Credential HOlder:·~~~~~~~~~ Date ofBirth:~~~"~"'~ _

Last Four of Social Security::_~~~~
Employment End Date::~~~~~~_

_

Position and Title:

Teacher - English Language Arts
_

Employing School District: _ __::S.=ou.=th=_;Wh:.=l.::;_· t::;_ti;:.:·;:.:er=--=S:...:c..:.;hoo~.:::l_D::;_l.S=· =-tr.::=i::.;ct::..=... Contact Person:

Ed Rei tkopp
Cover Letter

Contact Number: __

56_2 __ 6_53_-_3_2_O_O

Please attach the following documents (if applicable)

o Notification

[J

}tNNotice

of Intent to Dismiss/Suspend
Charges! Accusation

}EJ Statement of

Written Statement(s) of: Victim(s) Witness(es) ParentlGuardian(s)

o Request for a CPC Hearing and Hearing Dates
D Final
~ Decision (District!CPC) Letter of Resignation or Retirement

o Contact tnformatlon"

Name, Address, Phone Number of: Victim(s) Witness(es) ParentlGuardian(s)

[] Board's Acceptance

)€I SettlementlGeneral

Release Agreement

Investigation

Materials:

[J Copy of Signed Contract
Relevant Evidenee:

o Computer Printouts (Hard Copy)
[J Correspondence with Employee

o Copies of E-Mails/Text Messages

D District

Investigation Report(s) Report(s)

o Law Enforcement
*NOTE:

o All other Relevant Documents

Police/Court ParentlGuardian nermission is obtained orior to interviewinl! students. Commission on Teacher Credentialing Division of Professional Practices ATTN: JudyCnllum 1900 Capitol Avenue Sacramento, CA 95811 (916) 323-6735 E-Mail To: DPPguestions@ctc.ca.gov

Mail To:

Fax To: (916) 324-5681.

[fyou have any questions or concerns Judy Cullum can be reached at the above email address or by calling

Ensuring Educator Excellence

8
c
I3O\RD Of TRUSTEES
Layla Avila jan Baird Syl\ia V. Maci. as Jorge l-lermndel
Shuron SLY'

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Wb(~t:ferl 01 nfS"tRfc't

I

11200 Telechron Ave., Whittier, CA I 90605 I (562) 944-4;231 I FAX:(562) 944-9659
CENTRAl.. ADMINI51RAl"Ja.I Erich Kwek, Ed.D., Superintendent Cecilia laidemitt, A:!sociate Superintendent. Administrati1le Services and Personnel Management Gail Baxter, A:!sistant Supemtendent, Educational Services David A Rivera. A:!sistant Superintendent, Bus;""s. Services

September 28, 2011 NOTICE OF INTENT TO DISMISS, IMMEDIATE SUSPENSION AND STATEMENT OF CHARGES

TO:

I, Erich Kwek, Superintendent of the South Whittier School District, charge that there exists, pursuant to California Education Code Section 44932 cause for the dismissal of a permanent certificated employee of the District. The grounds for your dismissal and related charges, any of which is sufficient grounds for your dismissal, are attached hereto. Based upon the charges and causes for disciplinary action, the Governing Board has voted that you be dismissed as a permanent certificated employee. In addition, pursuant to California Education Code Section 44939, you are hereby immediately suspended, without pay, from your duties in the District. You have a right to a hearing. If you desire a hearing, the enclosed Request for Hearing Form must be completed and returned to the Superintendent's office within thirty (30) days after receipt of this notice. Your failure to return the Request for Hearing Form by the specified time shall constitute a waiver of your right to request a hearing. In such case, the Board shall proceed without a hearing and the decision of the Board shall be final. If the Request for Hearing Form is signed and timely returned, a hearing shall be conducted at a time and location to be determined later. You have a right to be represented at the hearing by a representative of your choice. Enclosed is a copy of Article 3 of Chapter 4, of Part 25, Division 3, Title 2 of the Education Code. The District reserves the right to amend these charges, upon proper notice, if and when relevant information becomes available to the District. You will be promptly notified of any amendment to the charges. The undersigned declares under penalty of perjury that the foregoing is true and correct to the best of his information and belief and, in compliance with the provisions of Education Code Section 44934, has been duly filed with the Governing Board of the South Whittier School District.

Executed this

:2<;J-J{..

day of September, 2011 in Whittier, California.

mm~mt

South Whittier School District

Enclosures Article 3 of Chapter 4, of Part 25, Division 3, Title 2 of the Education Code Board Resolution Request for Hearing Form Grounds for Dismissal and Statement of Charges

On or about September 28. 2011, pursuant to Education Code Section 44934, •• ••••

,

was served with a Notice of Intent to Dismiss, Immediate Suspension, and Statement A copy of the Notice of Intent to Dismiss, Immediate Suspension, and Statement of

of Charges.

Charges is attached hereto as Exhibit "B" and is incorporated herein by reference as if fully set forth at this point.

IV.
On or about October 25,2011, the District received a request for a hearing on behalf of

V.
Cause exists within the meaning of Education Code section 44932 for the dismissal of Respondent. , for the reasons set forth in the Resolution attached hereto as

Exhibit "A" and incorporated herein by reference.

WHEREFORE,

the

undersigned

requests

that

a Commission

on Professional

Competence be convened pursuant to the California Education Code; that the Commission hear this matter; that the Commission render a decision against Respondent. finding that said charges, or any of them against Respondent are true, as herein set forth; and that said charges or any of them constitute sufficient grounds for the dismissal of said Respondent as a certificated

employee of the District.

DATED:

If --<[-/I
South Whittier School District

005087.00086/10120799vl

I certify that this Accusation was filed with the Board of Education of the South Whittier School District through the Secretary to the Board on November

_£_, 2011.

005087.0008611

0120799v 1

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