A dismissed teacher’s case against the school system in Lowell is now before Massachusetts’s Supreme Judicial Court. Phanna Rem Robishaw, a native of Cambodia originally hired to teach bilingual programs, had received favorable evaluations for years but received an unsatisfactory rating in English fluency after the state began requiring that teachers be tested on that skill. An arbitrator reinstated her but a state court judge reversed the reinstatement, terming her performance on an interview test tape “utterly incomprehensible”. Robishaw’s lawyer says the arbitrator excluded the tape from evidence and that the judge should not have considered it, and that the judge failed to observe the presumption against overturning arbitration results. “In 2002, Massachusetts’ voters passed Question 2, requiring all school superintendents to attest to the English fluency and literacy of their teachers where ‘the teacher’s fluency is not apparent through classroom observation and assessment or interview assessment.'” [Lowell Sun]
Readers with long memories will recall the 1990s controversy over a hard-to-understand foreign-born teacher in Westfield, Mass. which led Massachusetts voters to adopt Question 2; I wrote about it for Reason here. By coincidence, presumably, Robishaw attended Westfield State College.