ED 575 Termination of Employment

1. ED 575Termination of Employment

2. School Boards Authority “Cause” for dismissal – delineated by state law Along with specific procedural requirements Fourteenth Amendment: no state shall deprive any person of life, liberty, or property without due process of law

3. Dismissal & Nonrenewal Dismissal: Termination for cause of any tenured teacher Unlike evidentiary hearings for dismissal of a teacher, the school board is not required to show cause for nonrenewal; a teacher is simply provided the reasons underlying the nonrenewal and an opportunity to address the school board.

4. Teacher Rights 1. Notice of the reasons for the boards actions 2. An opportunity for a hearing Specific procedures will depend on state law, school board regulations, and collective bargaining agreements, but cannot drop below constitutional minimums (see page 405)

5. Notice & Hearing, Notice: Informs the teacher of specific charges and allows the teacher sufficient time to prepare a response Hearing: Loudermill Some type of hearing is required before an employer makes the initial decision

6. Adequate Notice Reasonable date for the hearing, need to take into account the facts and circumstances Ample time to prepare a defense

7. Waiving a Hearing A teacher can waive the right to a hearing by failing to request a hearing, refusing to attend or walking out of the hearing. Voluntary resignation also waives an individuals entitlement to a hearing

8. Impartial Hearing Can the school board provide an impartial hearing? Are they an unbiased decision maker? Serving in adjudicative and investigative functions does not disqualify school board members A teacher has the burden of proving actual bias, not merely potential bias of the board

9. Evidence Preponderance of evidence – the majority of the evidence supports the board’s decision. “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion”

10. Findings of Fact At the conclusion of the hearing, the board must make specific findings of fact. Written report by the board

11. Dismissal for Cause With the protection of tenure, a teacher can be dismissed only for cause, and only in accordance with the procedures specified by law. State by State interpretation

12. Cause Incompetency Immorality Insubordination Neglect of Duty

13. Incompetency “Lack of ability, legal qualifications, or fitness to discharge the required duty” Often involve: teaching methods, grading procedures, classroom management, and professional relationships Usually a pattern of behavior not an isolated incident

14. Process Usually requires: Systematic documentation of a teacher’s performance Adequate notice of deficiencies Provide opportunities and support to achieve expected performance standards

15. Immorality “unacceptable conduct that affects a teacher’s fitness” or “any conduct rendering a teacher unfit to teach” Sexually related conduct with students or minors – do not need to show it impacts the classroom Conduct that sets a bad example – typically requires the action or lifestyle impairs teaching effectiveness

16. Immorality continued “is hostile to the welfare of the school community” Dishonest acts Criminal conduct Drug related conduct

17. Insubordination “willful disregard of or refusal to obey school regulations and official orders” Do not need to show a relationship between conduct and fitness to teach

18. Insubordination Examples: Refusal to abide by specific directives Unwillingness to cooperate with superiors Unauthorized absences “other” Of existing rules, procedures, policies “constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority”

19. Insubordination Of existing rules, procedures, policies “constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority” However…a severe or substantial single incident may be adequate for dismissal

20. Process School official: Must show that a specific requests have been made Related to performance or other professional matters The teacher failed to comply

21. Similarities Page 422 Dismissal for unprofessional conduct, neglect of duty, and unfitness to teach often are based on quite similar facts.

22. Neglect of Duty “Failure to carry out assigned duties” “when performance does not measure up to expected professional standards in the school system” May involve an intentional omission or may result from ineffectual performance

23. Process Related to failure to perform or ineffective performance Documentation must substantiate that performance is unacceptable

24. Unprofessional Conduct Inside and Outside of school… when they interfere with teaching effectiveness “actions directly related to the fitness of educators to perform in their professional capacity” “breaching the rules or ethical code of a profession”

25. Process Provide proper warning that the behavior may result in dismissal

26. Other Good and Just Cause “Any ground that is put forward in good faith that is not arbitrary, irrational, unreasonable, or irrelevant to the board’s task of building up and maintaining an efficient school system” Remember, we are dealing with people and anything can happen

27. Aggrieved Employees Remedies for violation of protected rights… 42 U.S.C. Section 1983 Personal liability Don’t impair federally protected rights and do not act with malicious intent or deliberate indifference (p.429)