SWARTZ CREEK -- Update: May 17th, 7:20 p.m.
The Swartz Creek teacher and school counselor put on leave after two mental health professionals found her “not mentally fit for the classroom,” or “delusional and paranoid” got her job back this week. To learn more, check out our updated story by clicking here.
Update: May 13th, 7:40 p.m.
The following statement is from the Muskegon-based Education Action Group:
The Michigan Education Association has apparently succeeded in its effort to put the children of the Swartz Creek school district in an unpredictable and uncomfortable situation.
A judge has ruled that Mary Ruth Clark, a longtime teacher and counselor in the Swartz Creek district, must be allowed to return to work Monday as an elementary school counselor, despite deep concerns among school administrators regarding her mental health.
Clark was put on paid leave by the district during the 2006-07 school year due to what officials described as erratic and worrisome behavior. She underwent several psychiatric exams over the next few years.
One psychiatrist wrote "the patient seems very paranoid. She was also very tangential and rambling in her thought process and paranoid in her thought content. I do not believe she should return to work at this time as a counselor."
A psychologist wrote that Clark should only be allowed to return to work if "she becomes involved in individual psychotherapy on a weekly basis. She should continue in psychotherapy until the treating therapist releases her from treatment. In addition, a referral for a full neuropsychological workup to rule out possible underlying brain dysfunction should be considered."
Clark never sought or received such treatment, according to the law firm representing the school district.
Clark was eventually placed on involuntary leave without pay. She was told she could return to work with a clearance note from a mental health professional, which she failed to produce, according to the law firm.
In 2008 Clark asked the Michigan Tenure Commission to force the school district to make a choice - fire her or reinstate her without further conditions. The school board, fearing for the safety of students and staff members, chose to pursue termination of her employment.
At a subsequent hearing, the Tenure Commission ruled that the school district had sufficient grounds for termination. But the commission also noted that the district lacked updated information regarding Clark's mental health, so it ordered her reinstatement.
The district has been resisting that order for several years. The MEA, the state's largest teachers unions, filed a lawsuit on Clark's behalf, trying to force the district to put her back to work.
EAG has learned that Administrative Law Judge James Ward has determined that Clark must be allowed to return to work on Monday, May 16, 2011.
Clark will reportedly work as a rotating counselor in five different elementary schools.
"This is an extremely frightening example of why tenure protection for Michigan teachers should be banned," said Kyle Olson, CEO of Education Action Group. "The tenure system is clearly being abused to keep troubled employees in schools.
"This case is also an obvious example of the disregard that the teachers union has for the children of Michigan. The MEA is willing to fight for the rights of a counselor who may or may not be sane enough to be in school, but it shows no concern for the students she will come into contact with.
"The people of Michigan should rise up and demand that the influence of organized labor be completely removed from public schools."
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Update: May 13th, 11: 55 a.m.
NBC25 spoke with Mary Ruth Clark's attorney, Michael Lee. Lee tells us, Clark is expected to return to school Monday. He states he's "grateful that the Swartz Creek School district has finally complied with the law and given Ms. Clark her job back." He also tells NBC25 that, "there is no proof of her being mentally unwell."
Update: May 13th, 10:55 a.m.
This story has received dozens comments from viewers both here and on the NBC25 Facebook page.
David Gregg says, "... I had Mrs. Clark for I think history at Swartz Creek High School in either 89 or 90. She was crazy even back then. Seems to me she told some story about being raised by wolves or something. But dangerous and crazy are 2 completely different things. I never once felt as if I was in danger while in the classroom."
Angie Burke states, "If the teacher was evaluated and said to be "unfit" and a danger, then the burden should be up to her to prove that she is now mentally competent. The fact that she declined to be re-evaluated speaks volumes, she probaly had something to hide. So, because of Michigan laws, students are being exposed to a teacher who may have no right teaching in the first place...way to put our children first!"
What are your thoughts?
A Swartz Creek teacher and school counselor ruled "not mentally fit to be a teacher" may be put back to work thanks to Michigan’s teacher tenure laws.
"The state, because of our laws, has failed Swartz Creek," said Rep. Paul Scott, a Republican from Grand Blanc. "I am to fix it."
Representative Paul Scott is talking about the case of Mary Ruth Clark. According to court documents, in 2007 The Swartz Creek School District placed Clark on leave because staff members reported strange behavior.
She saw two mental health professionals. They called her a danger at work, delusional and paranoid, and "not mentally fit to be a teacher."
Clark later fought to get her job back. Court documents show the school asked her to prove she was mentally well. She refused to get evaluated. The Tenure Commission later held that the District did not "present ‘current’ evidence of Clark’s psychiatric status." The district was ordered to give her her job back.
"We have a teacher that is being ordered back in the class room, and ordered to be paid four years back pay... even though she has been ruled mentally unfit to be in the class room", said Scott.
Scott is working on three laws he says could prevent this.
One would require teachers get good reviews for five years before they are granted tenure. Right now teachers only have to be employed for four years, regardless of their reviews, and then they are granted tenure.
The second would change how districts lay teachers off. The teachers with the lowest evaluations would be cut first. Right now the teachers hired last are cut first, regardless of performance.
The third piece of legislation, introduced by Representative Scott this week would allow districts to fire teachers, as long as they showed the termination was not arbitrary or political.
Tenure battles like the one in Swartz Creek often cost school districts about half a million dollars. Scott says the law needs to be changed to protect your tax dollars and make sure students have the best teachers possible in their classrooms.
"Every student deserves to have a world class teacher in the classroom," said Scott. "For too long our laws have looked out for the best interest of adults, not for the best interests of students."
"One case doesn’t mean tenure is bad across the state," said Frank Burger, MEA Region 10 President.
He says tenure is valuable in that it prevents teachers from being laid off due to personal reasons, nepotism, or school politics.
Eric Minore, the president of the Swartz Creek Education Association says the law was not the problem in the case of Mary Ruth Clark.
"The district didn’t get to argue their case one way or another, because they didn’t follow the process properly," said Minore.
"We don’t protect bad teachers," said Burger of the MEA. "We make sure they get their due process rights under the law."
NBC25 wants to know what you think about this. Does the law need to be changed? Should districts have to prove a teacher is not mentally fit, or should a teacher have to prove he or she is mentally fit? Vote in our poll and leave your comments below to make your voice heard.
