TEA DOCKET NO. 156-LH-0810
HOUSTON INDEPENDENT SCHOOL DISTRICT, / §§ / BEFORE THE CERTIFIED HEARING EXAMINER
Petitioner, / §
§ / ROBERT J BARRINGER
v. / §
§
BESIM BASLANGIC, / § / FOR THE
Respondent. / § / TEXAS EDUCATION AGENCY
RECOMMENDATION OF CERTIFIED HEARING EXAMINER
Mr. Besim Baslangic timely requested the assignment of a certified hearing examiner under Chapter 21 of the Texas Education Code and Houston Independent School District (hereinafter “HISD”) Board Policy for the purpose of conducting a hearing concerning the proposed termination of Mr. Baslangic’s continuing contract as a school teacher. The request was received on July 22, 2010. Additionally, the parties timely executed a Waiver of 60 Day Deadline for Recommendation.
The following Findings of Fact and Conclusions of Law are based on the testimony heard and the exhibits presented during the administrative hearing conducted on September 27th, 2010 and September 28th, 2010 at the Houston Independent School District Hattie Mae White Educational Support Center in Houston, Texas.
Mr. Besim Baslangic was skillfully represented by Mr. Christopher L. Tritico of Essmyer, Tritico & Rainey, L.L.P.
HISD was skillfully represented by Ms. Merri Schneider-Vogel of Thompson & Horton, L.L.P. The Interim Principal of Booker T. Washington High School, Ms. LaShonda Bilbo-Ervin, appeared on behalf of HISD.
Appearing as witnesses in the hearing include: Mr. Mark T. Bedell, Ms. Dai Chuong, Ms. Lakitsha Lagunes, Ms. Tonya Miller, Ms. LaShonda Bilbo-Ervin, Ms. Marney Collins-Sims General Counsel for Cypress-Fairbanks Independent School District, Ms. Rosalind White, Mr. Jean Cius, Ms. Gwendolyn Richmond.
Robert Barringer, Attorney at Law, is a certified hearing examiner appointed by the Texas Education Agency (“TEA”) to hear this matter and submit this Recommendation.
At issue in this matter is Houston Independent School District’s (“HISD”), Petitioner’s, proposal to terminate Mr. Baslangic’s employment under his continuing contract for good cause pursuant to the Texas Education Code §21.156(a). Section 21.156(a) provides that a “A teacher employed under a continuing contract may be discharged at any time for good cause as determined by the Board of Trustees, good cause being the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state.” More specifically, HISD has alleged that Mr. Baslangic has failed to meet the accepted standards in his appraisal for the 2009-2010 school year, wherein he received “below expectations” in all of the domains evaluated, including participation in the learning process (Domain I), learner centered instruction (Domain II), evaluation and feedback on student progress (Domain III), and management of student discipline (Domain IV), professional communication (Domain V), professional development (Domain VI), compliance with operating procedures (Domain VII), and contributions to the academic performance of the campus (Domain VIII).
In addition, HISD has alleged that Mr. Baslangic has 1) failed to adhere to the testing protocols during the administration of the TAKS test and allowed students to talk, play dominoes, and walk around the room while other students were still completing the test which was a violation of testing standards; 2) comply with HISD Board policies and administrative regulation in regard to his responsibilities and contractual obligations as a high school teacher; 3) failed to comply with the standards of conduct set out in this policy and with any other policies, regulations, and guidelines that impose duties, requirements, or standards attendant to their status as District employees.
FINDINGS OF FACT
After due consideration of the evidence and matters officially noticed in my capacity as Hearing Examiner, I make the following Findings of Fact.
1. The Petitioner sent official notice of the proposal to terminate Respondent’s employment for good cause on July 12, 2010 in compliance with Section 7 of Respondent’s continuing employment contract and Section 21.156 (a) and 21.158 (a) of the Texas Education Code.
2. Respondent timely filed his formal notice of his intent to appeal the recommendation to terminate his employment based on a continuing contract on July 22, 2010 pursuant to Section 21.253 of the Revised Texas Education Code, and HISD Board Policies.
3. The parties agreed to a waiver of the 60 day Deadline for Recommendation pursuant to the Texas Education Code section 21.257 and to extend by 45 days the Hearing Examiner’s deadline for issuing a recommendation.
4. A hearing was held on September 27th, 2010 and September 28th, 2010 regarding the proposal to terminate employment.
5. Mr. Besim Baslangic was a math teacher at Booker T. Washington High School within the HISD. He began working at Washington High School during the 2006-2007 school year after being transferred from Davis High School, (Tr. 748).
6. Mr. Baslangic was employed under a continuing contract for the 2009-2010 school year. (Stipulation of the Parties, Tr. 32).
7. HISD has proposed the termination of Mr. Baslangic’s employment by alleging that Mr. Baslangic has 1) failed to meet the accepted standards in his appraisal for the 2009-2010 school year, where in he received “below expectations” in all of the domains evaluated; 2) failed to adhere to the testing protocols during the administration of the TAKS test and allowed students to talk, play dominoes, and walk around the room while other students were still completing the test which was a violation of testing standards; 3) comply with HISD Board policies and administrative regulation in regard to his responsibilities and contractual obligations as a high school teacher; 4) failed to comply with the standards of conduct set out in this policy and with any other policies, regulations, and guidelines that impose duties, requirements, or standards attendant to their status as District employees. (Pet. Ex. 1).
8. During the hearing, the District presented evidence to support the reasons supporting good cause listed in Mr. Baslangic’s notice letter.
9. Mr. Mark Bedell was the principal of Washington High School during the 2009-2010 school year. Mr. Bedell had been principal Washington High School from 2007-2008 until September of 2010 when he was promoted to a School Improvement Officer (SIO). (Tr. 42).
10. Ms. Dai Chuong is currently employed by HISD as the Dean of Students at Booker T. Washington High School. (Tr. 272). She has twenty years of experience working with Teachers. (Tr. 277) She taught math for 13 years, has held positions as an instructional coordinator/assistant principal, math specialist. (Tr. 273). She does has been an administrator who conducts appraisals of teachers. (Tr. 273). As a math specialist she facilitated the training of new teachers, teachers in need of assistance, and teachers who have been in the classroom for many years and have still struggled. (Tr. 275).
The following findings are illustrated to show notice of classroom
management issues and a pattern of conduct by Mr. Baslangic:
11. On March 27, 2006, at Davis High School, Mr. Kerry Hamilton conducted a Professional Development and Appraisal System Observation Summary for Mr. Baslangic. (Pet. Ex. 2) Mr. Hamilton rated Mr. Baslangic proficient in all domains, but made significant comments. Id. In Domain I, Mr. Hamilton suggested that Mr. Baslangic needed work in keeping students engaged. Id. In Domain II, Mr. Hamilton suggested that Mr. Baslangic needed to work on motivating and inspiring students to work and be successful in the classroom. Id. In Domain IV, Mr. Hamilton noted that there were management issues in the classroom that hold the students back from being successful, stating further, that many students drift on and off task and visit with each other in the classroom. Id. In addition, Mr. Hamilton felt that the areas that needed to be addressed was to work on better relationship with students and that the students take advantage of the too relaxed rapport of the Teacher-Student relationships. Id. Mr. Hamilton stated in Domain VIII, that Mr. Baslangic must work on improving student engagement and classroom management to facilitate students being successful in the classroom, appropriate intervention plans are necessary to do this. Id.
12. On April 11, 2007, Mr. Baslangic was placed on an Intervention Plan for Teacher in Need of Assistance for Domains I, III and IV by Dr. Victor Keys.
13. On September 14, 2007 a walk through was conducted by Mr. Bedell. He reported that the teacher allowed students to sleep in class without trying to divert their attention or manage the situation. (Pet. Ex. 5 – Page 1). In addition on September 20, 2007, the teacher showed to be having a difficult time pacing and sequencing, as well as varying instruction, and struggles with time management and materials. (Pet. Ex. 5 – Page 2).
14. Ms. Tonya Miller is currently dean of instruction with HISD. She has degrees in B.S. Chemical Engineering, Masters Degree in Administration and Supervision, a certificate in Mathematics (8th thru 12th grade), and a principalship certificate. (Tr. 433). She has been a math content specialist, a mathematics teacher (five years). She worked with Mr. Baslangic several times a week, approximately three to four hours per week for approximately 23 weeks. (Tr. 454). She worked with Mr. Baslangic for the school years of 2006-2007, 2007 – 2008. (Tr. 464). She initially made observations to see where his needs were, then she helped him plan lessons, gave him resources, model lessons, co-teach and help him with his students. (Tr. 436). Ms. Miller testified that he struggled a lot with the students, the classroom management, as well as lesson preparation. (Tr. 436). Ms. Miller testified that she provided various suggestions to control the Students’ behavior. (Tr. 447). Ms. Millers testified that her concerns around his performance were mainly classroom management and preparation of lessons, lesson planning. (Tr. 455). She did not see any improvement from the beginning of her time with Mr. Baslangic until she ended. (Tr. 455).
15. Content specialist, Ms. Tonya Miller, conducted a walk through on October 12, 2007. She reported concerns of classroom discipline not being controlled, difficulty with keeping pace with lesson plans developed with Ms. Cerf. The content specialist had to intervene to get the class started on the lesson plan. (Pet. Ex. 5 – Page 4).
16. On October 12, 2007, Mr. Bedell also conducted a walk through, he noted problems with classroom management and reported a below expectations in domain IV, as well as, domains I, II, III. (Pet. Ex. 5 – Page 5).
17. On October 17, 2007, Ms. Bilbo-Ervin, Assistant Principal, prepared a memorandum of a walk through conducted on October 16, 2007 indicating that the kids were yelling and that the classroom was chaotic. Students were speaking loudly, one had her head on the desk, two others were randomly walking around the room. A student assigned to another class walked into the room and talked to another student and Mr. Baslangic failed to notice. Mr. Baslangic called out to “quit talking and get busy”. Ms. Bilbo-Ervin instructed Mr. Baslangic to implement effective classroom management strategies that result in student behavior. (Pet. Ex. 5 – Page 6)
18. On October 18, 2007, Tonya Miller conducted a walk through wherein she reported that the students engaged in extra talking (and that the teacher should redirect behavior), that the students called out for help without some type of rule or procedure (such as raising of the hand), and that the teacher failed to use new textbooks or HAPG lessons. (Pet. Ex. 5 – Page 8)
19. On October 30, 2007, Tonya Miller conducted a walk through wherein she discussed the need for classroom management, in that students need to prepare for class as they enter the classroom, some students put their things down and walk around instead of beginning the warm-up, and some students were yelling out of turn (her suggestion was to give the parents of the disrespectful students a telephone call). (Pet. Ex. 5 – Page 9)
20. On November 5, 2007, Ms. Tonya Miller conducted a walk through wherein she reported that there was a problem with classroom management in that there was too much off task behavior; That a few students were not doing the assignment, and that more current resources such as textbooks and HAPG activities need to be used. (Pet. Ex. 5 – Page 10)
21. On November 7, 2007 Ms. Bilbo-Ervin conducted a walk through where in she reported Students were eating chips in class. (Pet. Ex. 5 – Page 11)
22. On December 11, 2007, Mr. Bedell prepared a memorandum notifying Mr. Baslangic that he had been removed from MPDS and that a formal observation with a particular focus would be placed on management of student discipline, students being self directed and engaged in learning. (Pet. Ex. 5 – Page 13)
23. On January 24, 2008, Mr. Bedell conducted a walk through wherein he reported that the students were loud when the principal entered the room, six of the thirteen students were off tasks, and Mr. Bedell stated to Mr. Baslangic that he must improve on his discipline management. Mr. Bedell rated Mr. Baslangic efforts as below expectations for Domains I, III, IV, and V. (Pet. Ex. 5 – Page 14)
24. On January 31, 2008, Ms. Bilbo Ervin, conducted a Professional Development and Appraisal System Observation Summary. Ms. Bilbo-Ervin rated Mr. Baslangic below expectations in all domains. Ms. Bilbo Ervin commented that Mr. Baslangic should set expectations on how the class should behave.