Local students protest firing of popular substitute teacher

Students hold up signs in support of fired substitute teacher Jacob Burnard. (Photo courtesy of Katherine Burnard)

By Doug Spoon, Editor

Hundreds of students at two Menifee high schools walked out of class Friday afternoon to protest the firing of a popular substitute teacher they believe was unfairly dismissed.

Jacob Burnard, 43 and a substitute teacher in the Perris Union High School District for four years, was terminated in an email Wednesday that he received 15 minutes before he was escorted out of a Paloma Valley High classroom by security personnel. According to Burnard, he was given no explanation for the dismissal, but he believes it was retaliation for his complaints about alleged district violations regarding pay and job duty issues.

Witnesses said students in the classroom booed security personnel as they removed Burnard, who is known as the “coin guy” due to his love for rare coins and his practice of making history come alive by describing centuries-old coins from his collection. And at the start of sixth period on Friday, students at Paloma Valley and Liberty high schools gathered in the quad with signs and chants of protest.

“I know how many kids love him,” said his daughter Katherine, a Paloma Valley senior who organized the walkout. “Students say they like him more than their regular teachers. What they did to him made him seem like some kind of monster.

“Security didn’t hassle us and most of the staff (counselors, VPs) came to watch the protest in support,” Katherine Burnard wrote in a text to Menifee 24/7 from the scene at Paloma Valley. "Almost all of the teachers are in support of what we did, but they couldn’t join, as it violates their contract with the school.

“I hope [district administrators] listen to our demands and take appropriate action.”

Students at Paloma Valley held signs with slogans such as “We, the students, stand by our substitutes”, “Subs keep the school running”, and “Pay what’s deserved.” At Liberty, a small student band played as students held signs and spoke in defense of Burnard and other substitute teachers.

Burnard, a former construction worker, has a college degree in philosophy and is working on his Master’s degree in history. Walking into classrooms with his coin chest, his long flowing beard and a wide smile, Burnard has a positive effect on students, many say.

Apparently, he also knows his rights as a substitute, or “guest”, teacher. In a conversation with Menifee 24/7 this week, he quoted sections from the guest teacher’s handbook and described in detail his correspondence with district personnel in trying to clarify his position.

That might be what led to his termination without explanation, he said. Burnard said he has never received a performance review in four years, but he was given a negative evaluation last week and was fired days later, following these two incidents:

-- Burnard said that on Sept. 18, he reported to Paloma Valley on assignment and was told he could leave after the third period because his services weren’t needed the rest of the day – but that he would be paid for only half a day. According to Burnard, this had never happened to him before. He pointed out a section of the guest teacher handbook, which states that "Perris Union High School District adopted a Full Day Assignment Policy for all Guest Teacher assignments . . . All assignments, regardless of reporting times in the Absence Management system or bell schedule, begin at 8:00 am (PUHSD) / 8:00 am (CMI) and end at 3:30 pm. (Appendix A).”

"This policy clearly states that guest teachers (substitute teachers) are to remain on site for the full day,” Burnard explained in an email to the district office following the incident. “It is implicant that, as a result of the beginning and end time for guest teacher assignments, compensation for a full day is warranted.”

Email correspondence shows that the response from Brenda Uriostegui, a clerk in the Human Resources Department, was, “When a guest teacher is covering three periods or less, the assignment qualifies as a half-day, and compensation is made accordingly.” No written policy was referenced in that correspondence, however.

Shanna Egans, assistant superintendent of educational services for PUHSD, wrote in an email to Menifee 24/7 on Friday that "PUHSD will not comment on personnel matters. Broadly speaking, all wages to all teachers are paid and up to date."

-- On Monday, Sept. 22, Burnard said he reported to Liberty High School on assignment and was told his teaching services weren’t needed until the fifth period, but that he could be used in a secretarial position or other duties in the morning – again a violation of his employment status, according to Burnard. He referenced a clause in the handbook which states that such non-teaching duties are only required of a substitute if it is the normal responsibility of the teacher being replaced that day.

The negative performance evaluation followed, then his firing.

In addition, Burnard showed a reporter an email from Alfredo Andrade, chief human resources officer for PUHSD, that seems to agree with his position.

“I do apologize for the miscommunication,” wrote Andrade on Sept. 19 following Burnard’s complaint about the pay issue. “We do have a Full Day Assignment policy as described in our handbook. If there are any corrections to your time, please let me know and we will work to correct your timesheet accordingly. Again, I do apologize and we will correct our messaging to our staff and sites.”

Burnard has been diagnosed with autism, which his daughter says he freely discusses with his students – often as a teaching moment.

“He’s himself,” Katherine Burnard said. “He’s very genuine. He tells students about his autism. They really love him because he makes them understand that you don’t have to mask who you are.”

Jacob Burnard said his termination came after he emailed other substitute teachers, suggesting they check their records to see if they have been paid less than the agreement calls for on the days they worked.

“I reached out to others because I felt there might be a class action lawsuit for wage theft,” Burnard said. “I told them they should contact HR to see if there were wages they weren’t paid. After that, I received the notice that my services were no longer needed.

“I’m a single father with no other means of support. This is my only income. The students saw it when they escorted me out. They walked me all the way to my vehicle. It was humiliating.”

Katherine Burnard said she will continue to fight for her father’s rights.

“The cause of his wrongful termination was his attempt to unionize the substitute teachers as wages were being stolen and jobs that substitutes are not trained to do were bestowed upon them,” she said. “As my father has read the handbook multiple times, he knew what was right and wrong. I am a senior at Paloma Valley High School and I will not stand for this.”

Jacob Burnard and his daughter Katherine are very close. (Photo courtesy of Katherine Burnard)