State: Re-hire teacher who taped kids' mouths shut

Remember Jennifer Silva, the Katy elementary school teacher who was fired in April for taping students' mouths shut? Well, she's back in the news: On Wednesday, the Texas Education Agency ruled that Silva must be given her job back or paid her $40,000 annual salary because the Katy school district didn't give her due process during an appeal hearing on April 24.

TEA Chief Deputy Commissioner Robert Scott ruled that the school district violated due process by not allowing Silva's attorney to rebut claims presented against her or to present testimony on why Silva shouldn't have been fired at the hearing. And though the Katy school board accused Silva of violating district policy, falsifying records and misrepresenting facts in connection with the Feb. 2 taping incident, the board didn't enter district policy into the record in Silva's case, nor did it provide records connected with its decision to dismiss her. "We're obviously very pleased with the commissioner's decision," Silva's lawyer, Joey Moore, said.

Of course, the TEA's decision has nothing to do with whether Silva acted properly when he taped several students' months closed after they refused to be quiet. And now the Katy school district is faced with an interesting problem: Does it re-hire a teacher known for slapping tape on kids, or does it appeal to TEA commissioner Shirley Neeley? We're putting our money on the appeal.