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	<title>
	Comments on: Teacher with poor English fluency appeals firing	</title>
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	<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sat, 09 Jan 2010 23:59:55 +0000</lastBuildDate>
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	<item>
		<title>
		By: CT_Yankee		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81741</link>

		<dc:creator><![CDATA[CT_Yankee]]></dc:creator>
		<pubDate>Sat, 09 Jan 2010 23:59:55 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81741</guid>

					<description><![CDATA[My Russian wife spoke no English at all in 2000, however she really put effort into becoming proficient.  She was taught by the book in ESL classes, and was soon correcting my native English grammer.  She was reasonably understandable in a couple years.  She taught music (mostly piano) to Russian speaking children from the beginnning, then started teaching in English.  Her accent is still unmistakable and her wording unusual, however it is always clear what she means.  I told her from the begining that for a teacher, language is a critical tool.  She often said it was difficult, however she put in the effort and mastered it.  She easily passed the proficiency requirements of US Citizenship. Perhaps it would have been better if she just sued everybody for not being able to understand her.  Then she could be a real American.]]></description>
			<content:encoded><![CDATA[<p>My Russian wife spoke no English at all in 2000, however she really put effort into becoming proficient.  She was taught by the book in ESL classes, and was soon correcting my native English grammer.  She was reasonably understandable in a couple years.  She taught music (mostly piano) to Russian speaking children from the beginnning, then started teaching in English.  Her accent is still unmistakable and her wording unusual, however it is always clear what she means.  I told her from the begining that for a teacher, language is a critical tool.  She often said it was difficult, however she put in the effort and mastered it.  She easily passed the proficiency requirements of US Citizenship. Perhaps it would have been better if she just sued everybody for not being able to understand her.  Then she could be a real American.</p>
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		<title>
		By: Megumi		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81709</link>

		<dc:creator><![CDATA[Megumi]]></dc:creator>
		<pubDate>Sat, 09 Jan 2010 02:19:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81709</guid>

					<description><![CDATA[I forgot to mention, the woman I am referring to was actually an English teacher.]]></description>
			<content:encoded><![CDATA[<p>I forgot to mention, the woman I am referring to was actually an English teacher.</p>
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		<title>
		By: Megumi		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81708</link>

		<dc:creator><![CDATA[Megumi]]></dc:creator>
		<pubDate>Sat, 09 Jan 2010 02:17:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81708</guid>

					<description><![CDATA[Do they test the language skills of native speakers? The only teacher I had whose English fluency I would question was born in America and spoke just the one language, albeit atrociously.]]></description>
			<content:encoded><![CDATA[<p>Do they test the language skills of native speakers? The only teacher I had whose English fluency I would question was born in America and spoke just the one language, albeit atrociously.</p>
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		<item>
		<title>
		By: Educator		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81663</link>

		<dc:creator><![CDATA[Educator]]></dc:creator>
		<pubDate>Fri, 08 Jan 2010 04:23:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81663</guid>

					<description><![CDATA[One needs to realize that communication is an essential tool for all jobs.   Whilst I could take a position on an assembly line,  where I know that body language and verbal ques are essential, I decided to put my focus on education and entrepreneurship.    Doing so, will provide long lived economic impact on the community.   I have one business just established, and I am researching my second business - a multi-country, multi-million dollar potential, advanced manufacturing business.]]></description>
			<content:encoded><![CDATA[<p>One needs to realize that communication is an essential tool for all jobs.   Whilst I could take a position on an assembly line,  where I know that body language and verbal ques are essential, I decided to put my focus on education and entrepreneurship.    Doing so, will provide long lived economic impact on the community.   I have one business just established, and I am researching my second business &#8211; a multi-country, multi-million dollar potential, advanced manufacturing business.</p>
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		<title>
		By: Jim Finkel		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81650</link>

		<dc:creator><![CDATA[Jim Finkel]]></dc:creator>
		<pubDate>Thu, 07 Jan 2010 20:49:39 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81650</guid>

					<description><![CDATA[Having earned a degree in engineering from Carnegie-Mellon, I am well acquainted with non-native speakers of English. It is possible for students to learn to understand the material despite the lack of teacher fluency. Bad grammar and accents can sometimes be a benefit. Having spent time in Israel, one Israeli prof used perfectly normal Hebrew grammar with English words. There is no present tense of &lt;em&gt;to be&lt;/em&gt; which lead to class befuddlement over &lt;em&gt;missing&lt;/em&gt; words. Because I was used to similarly mangled English I did very well in that class.]]></description>
			<content:encoded><![CDATA[<p>Having earned a degree in engineering from Carnegie-Mellon, I am well acquainted with non-native speakers of English. It is possible for students to learn to understand the material despite the lack of teacher fluency. Bad grammar and accents can sometimes be a benefit. Having spent time in Israel, one Israeli prof used perfectly normal Hebrew grammar with English words. There is no present tense of <em>to be</em> which lead to class befuddlement over <em>missing</em> words. Because I was used to similarly mangled English I did very well in that class.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81649</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Thu, 07 Jan 2010 20:07:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81649</guid>

					<description><![CDATA[&lt;blockquote&gt;
Given the plaintiff’s advanced education I find it incredible that she couldn’t have spared a little time for learning how to speak English. It would have cost everyone a lot less than the court costs and attorney’s fees.
&lt;/blockquote&gt;

It can be very difficult for adults to acquire the pronunciation of a foreign language. If Ms. Robishaw began learning English more-or-less from scratch as an adult, it is quite possible that even if she put considerable effort into learning English, she would fail to overcome the influence of her native language, Khmer, which has a sound system quite different from that of English. That isn&#039;t to justify allowing her to teach if her speech is indeed too difficult to understand, but it isn&#039;t safe to assume that she has made no effort to improve her pronunciation.]]></description>
			<content:encoded><![CDATA[<blockquote><p>
Given the plaintiff’s advanced education I find it incredible that she couldn’t have spared a little time for learning how to speak English. It would have cost everyone a lot less than the court costs and attorney’s fees.
</p></blockquote>
<p>It can be very difficult for adults to acquire the pronunciation of a foreign language. If Ms. Robishaw began learning English more-or-less from scratch as an adult, it is quite possible that even if she put considerable effort into learning English, she would fail to overcome the influence of her native language, Khmer, which has a sound system quite different from that of English. That isn&#8217;t to justify allowing her to teach if her speech is indeed too difficult to understand, but it isn&#8217;t safe to assume that she has made no effort to improve her pronunciation.</p>
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		<item>
		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81648</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Thu, 07 Jan 2010 19:55:45 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81648</guid>

					<description><![CDATA[Two comments. First, one problem here is the failure to define a standard of comprehensibility and to use tests that measure it directly rather than relying on what appear to be rather ad hoc measures of conformance to some standard, which invites allegations of discrimination and elitism whether or not they are justified. Second, and contrary to one of the themes of this blog, this is an excellent example of the problems created by obligatory binding arbitration. Why on earth should it be impossible to overturn an arbitrator&#039;s decision even when it is based on an incorrect interpretation of the law or gross factual error?]]></description>
			<content:encoded><![CDATA[<p>Two comments. First, one problem here is the failure to define a standard of comprehensibility and to use tests that measure it directly rather than relying on what appear to be rather ad hoc measures of conformance to some standard, which invites allegations of discrimination and elitism whether or not they are justified. Second, and contrary to one of the themes of this blog, this is an excellent example of the problems created by obligatory binding arbitration. Why on earth should it be impossible to overturn an arbitrator&#8217;s decision even when it is based on an incorrect interpretation of the law or gross factual error?</p>
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		<title>
		By: Richard Nieporent		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81639</link>

		<dc:creator><![CDATA[Richard Nieporent]]></dc:creator>
		<pubDate>Thu, 07 Jan 2010 15:49:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81639</guid>

					<description><![CDATA[Think of this as the Harrison Bergeron effect. 

&lt;i&gt;I consistently monitor their body language to make sure they understand the subject. &lt;/i&gt;

It is extremely selfish for you to inflict your disability on the children. No it is not their responsibility to have to understand you. It is your job to be able to speak so that they can understand you. There are so many other jobs you can take where your speech impediment would not be a problem.

&lt;i&gt;These two former teachers had inappropriate relationships with students; one them is serving 25 years after she was impregnated by a 15-year old. To me later has far damaging harmful effects, than my poor speech.&lt;/i&gt;

So the choice is between a teacher with a speech impediment or a pervert? How about neither.]]></description>
			<content:encoded><![CDATA[<p>Think of this as the Harrison Bergeron effect. </p>
<p><i>I consistently monitor their body language to make sure they understand the subject. </i></p>
<p>It is extremely selfish for you to inflict your disability on the children. No it is not their responsibility to have to understand you. It is your job to be able to speak so that they can understand you. There are so many other jobs you can take where your speech impediment would not be a problem.</p>
<p><i>These two former teachers had inappropriate relationships with students; one them is serving 25 years after she was impregnated by a 15-year old. To me later has far damaging harmful effects, than my poor speech.</i></p>
<p>So the choice is between a teacher with a speech impediment or a pervert? How about neither.</p>
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		<item>
		<title>
		By: Educator		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81633</link>

		<dc:creator><![CDATA[Educator]]></dc:creator>
		<pubDate>Thu, 07 Jan 2010 14:39:56 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81633</guid>

					<description><![CDATA[I am individual, who happens to have a speech impediment and have roles as a tutor and substitute teacher.   Within the context of education,  an individual that has a similar impediment, can deliver a superior lesson plan and ensures that the student comprehends it, via the aid of written communication and body language.    The most important thing I can do is establish a relationship with each of my young charges.  I consistently monitor their body language to make sure they understand the subject.  If they don&#039;t I consistently rely upon other tools of the trade, including white boards, other students, books/workbooks, computers,  etc.  However,  this level of instruction is par for most educators, as provide a multi-strategy lesson to meet of their students.  My students, whom I tutor through a mandate under NCBL, make an average gain of 13 points from pre-test to post-test (25 hours, 40 question test).  

Frustratingly enough, I was removed from my education program due to my impediment.    Whilst I was not able to complete the program, there were two other individuals that graduated with a degree in education.   These two former teachers had inappropriate relationships with students; one them is serving 25 years after she was impregnated by a 15-year old.   To me later has far damaging harmful effects, than my poor speech.]]></description>
			<content:encoded><![CDATA[<p>I am individual, who happens to have a speech impediment and have roles as a tutor and substitute teacher.   Within the context of education,  an individual that has a similar impediment, can deliver a superior lesson plan and ensures that the student comprehends it, via the aid of written communication and body language.    The most important thing I can do is establish a relationship with each of my young charges.  I consistently monitor their body language to make sure they understand the subject.  If they don&#8217;t I consistently rely upon other tools of the trade, including white boards, other students, books/workbooks, computers,  etc.  However,  this level of instruction is par for most educators, as provide a multi-strategy lesson to meet of their students.  My students, whom I tutor through a mandate under NCBL, make an average gain of 13 points from pre-test to post-test (25 hours, 40 question test).  </p>
<p>Frustratingly enough, I was removed from my education program due to my impediment.    Whilst I was not able to complete the program, there were two other individuals that graduated with a degree in education.   These two former teachers had inappropriate relationships with students; one them is serving 25 years after she was impregnated by a 15-year old.   To me later has far damaging harmful effects, than my poor speech.</p>
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		<title>
		By: Bumper		</title>
		<link>https://www.overlawyered.com/2010/01/teacher-with-poor-english-fluency-appeals-firing/comment-page-1/#comment-81621</link>

		<dc:creator><![CDATA[Bumper]]></dc:creator>
		<pubDate>Thu, 07 Jan 2010 07:17:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15427#comment-81621</guid>

					<description><![CDATA[Unless you happen to be Howard Stern, Rush Limbaugh, etc., etc. In this case you are dealing with small children who have a limited vocabulary and are prone to misunderstanding physical cues. If comprehension can&#039;t be made by an adult from the tape then the children have little chance to get the meaning. It is time we as a nation quit making excuses for people who don&#039;t fit the job. If your job is teach children and they can&#039;t understand what you are saying then either learn how to speak or find another job. Period. 

Given the plaintiff&#039;s advanced education I find it incredible that she couldn&#039;t have spared a little time for  learning how to speak English. It would have cost everyone a lot less than the court costs and attorney&#039;s fees.

But that would have probably been too simple.]]></description>
			<content:encoded><![CDATA[<p>Unless you happen to be Howard Stern, Rush Limbaugh, etc., etc. In this case you are dealing with small children who have a limited vocabulary and are prone to misunderstanding physical cues. If comprehension can&#8217;t be made by an adult from the tape then the children have little chance to get the meaning. It is time we as a nation quit making excuses for people who don&#8217;t fit the job. If your job is teach children and they can&#8217;t understand what you are saying then either learn how to speak or find another job. Period. </p>
<p>Given the plaintiff&#8217;s advanced education I find it incredible that she couldn&#8217;t have spared a little time for  learning how to speak English. It would have cost everyone a lot less than the court costs and attorney&#8217;s fees.</p>
<p>But that would have probably been too simple.</p>
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