L.A. Unified head seeks end to misconduct file rule By Howard Blume, Los Angeles Times March 1, 2012 L.A. schools Supt. John Deasy announced Wednesday that he would immediately seek to change a union rule by which unproven allegations of misconduct against teachers are removed from personnel files after four years. He said the records should remain intact because they could help the district flag potential problem teachers. The lack of documentation has hindered ongoing efforts to identify such teachers through existing records. The superintendent's announcement came the day after The Times wrote about the little-known contract provision. The scouring of files began soon after Miramonte Elementary teacher Mark Berndt was charged with 23 counts of lewd conduct against students. His file contained no indication of past alleged misconduct even though investigators have tallied at least four past allegations. The current process of removing old documents results from a provision in the teacher's contract dating back to the early 1990s. "In the interests of affording greater protections to our students, I have instructed the [district] negotiating team to enter into discussions immediately with the teachers' union to change or eliminate this practice," Deasy said in a statement Wednesday. Former union officials said the purpose of the clause was to protect teachers, including union activists, from harassment based on outdated and unjustified allegations. They added that there was never an intent to shield possible sexual predators and that administrators could have maintained separate records of any past event in a separate "expired" file. Teachers union President Warren Fletcher said the union "is always open to discussions at the negotiating table and, as teachers, we always are open to discuss ways to assure children are safe." The clause is not unique to the Los Angeles Unified School District, but many school systems do not have such rules, including those in New York, Long Beach and San Diego. Deasy, who took over the top job in L.A. Unified about a year ago, said he was unaware of such a provision in any district that he has previously led.