Prince
George’s County school officials have has suspended overseas recruitment as it
prepares to battle the U.S. Labor Department over $5.9 million in
penalties and fees assessed for shortchanging teachers hired from abroad.
Superintendent
William R. Hite Jr. said there will be no recruitment through the end of the
year as the school system evaluates whether to continue hiring foreign teachers
who specialize in high school math and science. For a decade, numerous school
districts across the nation have also hired foreign teachers.
“Moving
forward, we have to be looking at the implications of this solution,” Hite
said.
The
federal government imposed a $1.7 million penalty on the school system
Monday for a “willful violation’’ of labor laws after concluding that it should
have paid $4.2 million in processing and payment fees for 1,044 teachers
who received temporary work visas, known as H-1Bs. Individual teachers paid
those expenses, which exceeded $5,000, out of their own pocket.
On
Tuesday, school officials expanded their defense, saying they didn’t encourage
teachers to make those payments — and didn’t know teachers made them.
The
vast majority of the county’s foreign teachers are from the Philippines. Many
paid an agency to prepare and present their portfolios to the school district,
and those processing fees were folded into the agency’s services, unbeknownst
to the school district, Prince George’s officials said.
The
school system has already started to reimburse teachers, paying them mandatory
$500 anti-fraud fees as well as filing fees, which can be as much as $320. But
they are unwilling to repay the teachers for optional services, such as $1,000
fees paid to recruitment agencies to speed visa processing.
The
Labor Department, however, has held that using a recruitment agency is no
excuse. The school district is the only entity that can be held responsible for
overcharging teachers because it was the only entity that signed a contract
with the Labor Department to obtain the work visas, it said.
Prince
George’s says that about 957 of its current educators — a little more than
10 percent of the teaching staff — came here after obtaining H-1Bs. As the
schools and the Labor Department tried to negotiate an agreement, schools told
staff members that temporary teachers would not have their three-year visas
renewed if they could not teach high school math and science and similar
subjects for which there are shortages of qualified teachers.
Foreign
teachers in areas where there are no shortages could be replaced by Americans,
especially at a time when the district plans to lay off hundreds of teachers.
“We
are the victims,’’ said Millet de Vera Panga, an elementary school teacher and
board representative of the Pilipino Educators Network, which advocates for
Filipino teachers in the county. “But we recognize that our school system is
facing big budget problems right now, and we really hope that we can arrive at
a decision beneficial to all.”
Panga,
now a permanent U.S. resident, began working in Prince George’s in 2005. She
was in the first wave of recruits from the Philippines as the Prince George’s
schools hoped to avoid penalties under the federal No Child Left Behind law for
not having enough “highly qualified” teachers.
School
officials said that the Philippines had unique advantages: There, teachers
spoke English and already met tough standards.
Wages
in the United States were higher, allowing them to lure those who sought a
better life.
Recruiting
agencies marketed the teachers to struggling school districts from Baltimore to
East Baton Rouge. Teachers were also hired from Chile, India and Jamaica, among
other countries. Many school districts have been happy with the results.
Prince
George’s hired an unusually large number of temporary workers. Its current
teaching staff hovers around 9,000. Of those, 62 foreign teachers were hired in
2002 and 111 in 2003. The peak was in 2007, when 249 were hired. Those numbers
have trailed off significantly since then because of the economic downtown —
just one H-1B teacher was sponsored in the county last year.
When
the number of teachers hired increased, so did the number of federal
investigations. The Labor Department has closed 17 similar cases since 2005.
But this particular case dwarfs any of the others. The second-largest case
involved New Designs Charter School in Los Angeles, costing 194,318 to 12
visa-holders.
Last
year, the American Federation of Teachers and the Southern Poverty Law Center
filed a class-action lawsuit on behalf of 350 Filipino teachers in Louisiana,
accusing two labor contractors of cheating the guest workers out of money they
were owed. Some of the teachers worked for East Baton Rouge schools, which were
also named as a defendant in the case.
https://www.washingtonpost.com/local/education/prince-georges-schools-suspend-foreign-hiring-after-being-fined/2011/04/05/AF38h2lC_story.html?utm_term=.b4efda8bbd0d
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