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May 30, 2012

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Teacher says she lost her job because of age

Tuesday, June 13, 2000 | 10:42 a.m.

At age 71 Ruth DiPaolo still wears her dancing shoes and had no plans to quit her teaching career.

Yet she believes she was forced out of Cashman Middle School because of her age.

DiPaolo, who tap dances and maintains a youthful physique, said she could still keep up with her students.

That included being able to do push-ups and sit-ups.

"It's not like I can't move," the former physical education teacher said.

As a member of Peggy Ryan's TNT Dancers, a Las Vegas senior citizen dance group, DiPaolo glides around the dance studio while twirling an umbrella to "Singing in the Rain."

According to her, the Clark County School District came up with a few slick moves of its own.

Hints that she should retire turned into demands, she said.

DiPaolo claims that on April 3 an administrator told her she either had to sign retirement papers or be suspended without pay. Flustered, she signed the papers, then contacted the teachers union on April 25 and asked if they could help.

"I realize now that I should not have signed and that I should have checked into this, but I was so intimidated and scared I did sign it," DiPaolo said.

Her teaching experience spans 50 years, including 34 at Cashman and 16 in Maryland.

But DiPaolo said supervisors recently began finding fault with her work. She relates being called to the Cashman principal's office for complaints, such as failing to take roll call correctly for the past seven years and not supervising a group of students who wandered into the locker room.

As a final indignity, DiPaolo said she was banned from the school, preventing her from attending her own retirement party.

"I was told I couldn't set foot in there," she said.

Another teacher at the school, who asked not to be identified because she fears retaliation by school administrators, said she thinks DiPaolo was harassed into quitting. The teacher said DiPaolo is "a good teacher who did her job."

Now that the retirement papers are signed, DiPaolo appears to have little recourse.

"I'm not ready to retire," DiPaolo said.

Under district regulations, at least three things have to happen for a resignation to be reversed. The Human Resources Department has to make a recommendation to the School Board, which in turn has to approve it. The process also involves input from the school principal regarding whether a teacher should return.

Edward Goldman, assistant superintendent of administrative and staff operations for the school district, said DiPaolo has not filed a grievance. He also said her case is not currently being investigated by the district.

Goldman did say he received a copy of DiPaolo's paperwork, which states she has retired effective April 3 and will not be returning to the district this fall.

Principals have occasionally asked teachers to either sign a resignation or be terminated, Goldman said.

"There have been principals who have said, 'You are no good and I expect you to sign it,' " he said.

But, Goldman added, "We don't force anyone out."

Returning to Cashman is not an option, DiPaolo said.

"Why would I want to go back to the harassment?" she asked. "People should be aware of this because if it happened to me it will happen to someone else."

She has not decided whether to take legal action.

According to Goldman, DiPaolo was working only for about 7 percent of her salary.

"In retirement, she'll get 93 percent of her salary," he said.

Sue Strand, president of the Clark County Education Association, said the district has about 14 teachers over age 70 who still teach.

"There are teachers that age who are still very active and can do it," she said.

Strand declined to comment on DiPaolo's situation, calling it a personnel matter.

"She did come to us for help," Strand said.

Cashman Principal Evans Rutledge did not return repeated telephone calls.

Leonard Paul, assistant superintendent for secondary education and curriculum, said he was not familiar with DiPaolo's situation.

"I don't think a principal has the authority to force someone to retire," he said, adding that this case has not been brought to his attention.

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