School Personnel Development Human Resources Management for Effective Schools

1. School Personnel DevelopmentHuman Resources Management for Effective Schools EDLD 616 Chapter Twelve - Fifteen

2. Recruitment • Has become increasingly competitive • Effort should be made to recruit and retain the most diverse pool of qualified candidates the district can afford to compensate

3. Employment Interview • Contributes to the candidates’ overall impression of the district • Important part of the recruitment process • Most effective processes uses • Panel of interviewers • Scoring system • Open ended questions • Record why each candidate was or was not recommended • Thorough reference check

4. Should not include: Employment applications:

5. Hiring discrimination • Bessard v. California Community Colleges • School Board of Leon County v. Weaver

6. TenureTeachers acquire a property right to a teaching position, and can only be dismissed for cause

7. Probationary PeriodA teacher may be non-renewed at the end of the contract year without cause or dismissed during the year with cause as long as due process rights are met. Can be acquired by default If the teacher has completed three consecutive years in the same district and does not receive timely notice of non-renewal. • Pickering v. Board of Education • Kletzkin v. Board of Education of the Borough of Spotswood • Shaffer v. Schenectady City School District Non-tenure status involves no expectation for employment beyond the contracted year No right to due process no right to be provided reasons for non-renewal No hearing • *These conditions are valid unless the teacher produces evidence that • property right exits, in which case due process must be provided • *Liberty right-when damaging statements are communicated that may • limit the teacher’s range of future employment opportunities • Merhige v. Copiague School District • Board of Regents of State College V. Roth

8. Non-renewal Due Process and cause are necessary only if there is a showing that a property interest continues to exist Prestopnik v. Johnstown School District Flaskamp v. Dearborn Schools

9. Tenure for Principals • Most requirements are similar to that of teachers, 3 successive years and an offer of reemployment • Nationwide only 13 states provide some type of tenure for principals • in 38 states principals have the option to return to a teaching position if terminated • Principals are provided certain due process safeguards in 33 states • This concept is rapidly disappearing.

10. Dismissal for Cause

11. Name:_________ • A principal who fails to reprimand a teacher who frequently arrives late for work is limiting his/her ability to • take disciplinary action against others guilty of the same offense.  • avoid a charge from teachers who arrive at school on time  • reward teachers who deserve recognition for their performance.  • be viewed as an effective leader by teachers.

12. Incompetence • Refers to inefficiency, a lack of skill, inadequate knowledge of subject matter, inability or unwillingness to teach the curricula, failure to work effectively with parents and colleagues, failure to maintain discipline, mismanagement of the classroom, and attitudinal deficiencies. • Burden of proof rests with the school board • Johnson V. Francis Howell R-3 Board of Education • It is difficult to sustain charges of incompetence without a continuous evaluation process with feedback to assist the teacher in improving performance. • Charges should be preceded by evaluations and documentation of performance, as well as a teacher improvement plan.

13. Insubordination • Willful failure or inability to obey a reasonable and valid administrative directive. • To succeed there must be documented evidence and are more likely to be successful when linked with teaching performance or related academic issues. Stephens v. Alabama State Tenure Commission • In many ways insubordination is easier to document and prove than most other grounds for dismissal.

14. Name:_________ • In which of these cases would a temporary suspension from the job be appropriate? • Teacher was tardy twice in one month.  • Teacher claimed to be ill but was actually on a trip.  • Teacher argued with a parent about a student's grade.  • Teacher was charged with buying an alcoholic beverage for a student.

15. Immorality

16. Immorality cont.

17. Conduct Involving Morality • Involve personal behavior and lifestyle issues since communities have developed expectations that teachers serve as a positive role models for their students • Variations among communities have caused inconsistency in court rulings. • There must be a link between: To successfully dismiss the teacher His/her efficiency and effectiveness in the classroom An act committed by the teacher

18. Homosexuality and Employment • Courts have not been consistent in their rulings regarding employment rights of homosexual public school teachers • Private acts vs. Public acts • Rowland v. Mad River Local School District, Montgomery County • Burton v. Cascade School District Union High School No. 5 • Acanfora v. Board of Education of Montgomery County • Lawrence v. Texas • Bowers v. Hardwick • Morrison v. State Board of Education • Gaylord v. Tacoma School District No. 10 • National Gay Task Force v. Board of Education of Oklahoma City

19. Criminal Activity If a criminal activity does not result in a conviction, school boards may still bring charges against the teacher strictly for school related purposes Depending on the severity of the act, revocation of the teaching certificate also may be appropriate. • Dominy v. Mays • Williams v. School District No. 40 of Gila County • Board of Education v. Calderon

20. Name:_________ Suppose you were directed to write a letter of reprimand to a teacher who had failed to issue tickets to some people who paid for admission to a recent athletic event. There is no indication that any money was unaccounted for, and it is likely that the teacher was simply careless. What would you say in the letter?

21. Sexual Advances Toward Students • Courts consistently uphold school districts when they produce evidence that a teacher has engaged in unlawful sexual involvement with students • Doe v. Taylor Independent School District • Fadler v. Illinois State Board of Education • Weissman v. Board of Education of Jefferson County School District • Johnson v. Beaverhead City High School District • Toney v. Faribanks North Star Borough School District Board of Education • Ballard v. Independent School District No. 4 of Byran County, Oklahoma

22. Financial Exigency (Abolition of Positions) • Babb v. Independent School District No. 1-5 • Davis v. Chester Upland School District Occurs when the district faces a bona fide reduction in its budget that results in abolishing certain employment positions or if the district encounter a reduction in student enrollment The courts usually support districts that demonstrate the need to use Reduction in force (RIF) of the teaching staff

23. Name:_________ • The first step in carrying out a reduction in force is to determine • which departments or grade levels have excess personnel.  • which teachers have the highest salaries.  • which schools have the most teachers.  • which teachers are most effective.

24. Good or Just Cause • Designed to provide the district broader latitude in dismissing teachers for cause not specifically identified in state statues • Same due process provisions must be met • Burdon of proof is with the school officials • Not used frequently by school districts • Kerin v. Board of Ed Lamon School District No. Re-2 Prowers County

25. Name:_________ What procedures would you follow in preparing to terminate a tenured teacher for reasons of incompetence? What evidence would you need to produce in order to be in a position to prevail in court?

26. Collective Bargaining • A mechanism to achieve a greater role in management and operation of public schools. To create teacher empowerment and shared power between teachers and school boards • Focuses on the rights of employees as well as terms and conditions of employment • Did not gain legal protection until early 1930s • Emerged in the public sector in the late 1940s • In the 1960s teachers launched a major effort to gain a greater level of involvement in the administration and operation of their schools • Rochester Area School District v. Rochester Education Association

27. Impasse and BargainingWhen the parties involved in negotiations fail to reach an agreement and it become obvious that no further progress is possible toward resolution

28. Legal Issues • Madison v. Wisconsin Employment Relations Commission • Wygant v. Jackson Board of Education • Jersery Shore Area School District v. Jersey Shore Education Association

29. Name:_________ What action should a principal take if a young female teacher reports that she is being sexually harassed by an older male teacher in her department?

30. Name:_________ What actions would you recommend that a school district take in order to avoid charges of discrimination in its recruitment practices?

31. Name:_________ • The Americans with Disabilities Act of 1990 limits the ability of school districts to dismiss employees for • physical disability.  • abuse of students.  • misuse of school funds.  • sexual behavior.

32. Name:_________ • Which of the following is an example of reverse discrimination? • A more qualified minority applicant is hired over a less qualified non-minority applicant  • A less qualified minority applicant is hired over a more qualified non-minority applicant.  • A more qualified non-minority applicant is hired over a less qualified minority applicant.  • A less qualified non-minority applicant is hired over a more qualified minority applicant.

33. Name:_________ • To disprove a charge of discrimination in hiring, it is necessary to show that • the ratio of minority persons hired is equal to or higher than the ratio of minority persons in the labor market.  • the district has an affirmative action plan in effect.  • the ratio of minority persons employed is equal to the ratio of minority students in the schools.  • the district recruits teachers from predominantly black colleges.