A school teacher who was deregistered for incompetency has had the decision overturned in court.
But a senior educator is calling for law changes to allow the Teachers Council to suspend teachers while they are under investigation
Glenda Charman resigned from the $1000-a-year Stella Maris Catholic Primary School in Silverdale last year after competency issues were raised.
Some parents had complained to the school about Charman and others had requested their children be moved to another class.
The Teachers Council investigated and deregistered her in December - only the third time it has imposed the penalty on a teacher for incompetency.
But while under investigation, she was hired to teach at Northcote Primary. She was not required to disclose the ongoing inquiry.
And now, after an appeal by Charman, Wellington District Court has put the Teachers Council decision on hold.
The court found that while the Teachers Council properly classified the issue as a matter of competency, the decision to cancel registration was unjustified. It ordered the council to reconsider its decision.
Teachers Council director Peter Lind wouldn't comment on the court decision. No timeframe has been set to rehear the case and, in the meantime, Charman is allowed to apply for her practising certificate back.
Secondary Schools Principals' Association president Patrick Walsh said the Teachers Council needed the power to be able to suspend teachers while they were under investigation.
He said it was unfair on schools they might go to if there was any foundation to the reason for being investigated.
Stella Maris board chairman John Girvan said he was "bound by confidentiality" and could not comment on Charman's case. Charman also refused to comment.
But details in the court judgment show Charman underwent a competency procedure while at Stella Maris.
Some time after she completed this, and following a mediation with the school, she resigned.
A mandatory report was filed with the Teachers Council over competency issues, which is required by the Education Act.
The council found Charman's competence in communicating with children and providing a safe environment for learning was a "matter of concern".
The Court had reviewed documents which indicated "widespread" dissatisfaction over "relatively serious" issues with Charman as a teacher at Stella Maris.
But Charman's lawyer argued her client had 28 years' experience, had worked well at other schools and that Stella Maris school had not required any further action be taken.
Charman had received positive testimonials from other parents and teachers before and after her time at Stella Maris and from some parents during her time at the school.
Classroom fightback
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