Chapter 10: Recruitment, Tenure, Dismissal and Due Process EDAD 859

1. Chapter 10: Recruitment, Tenure, Dismissal and Due Process EDAD 859

2. Tenure: • Teachers are entitled to fundamental fairness, even if they have not achieved tenure. • Tenure is not designed to protect teachers who are inept or ineffective. However, it should protect competent and effective teachers. • Teachers may only be dismissed for specified reasons that are documentable and objective evidence. • Due Process procedures must be followed to be sure that dismissal decisions are legally defensible. • Nonrenewal of a non tenured teacher’s contract does not generally require due process, unless there is an alleged constitutional violation.

3. Dismissal for Cause: • Grounds for dismissal include incompetency, insubordination, neglect of duty, immorality, justifiable decrease in number of teaching positions, financial exigency or “other good and just cause”. • A board of education may dismiss a teacher for almost any reason , as long as the reason is valid and meets the due process requirements. • To dismiss a teacher for incompetency systematic evaluations, documentation of performance and a thorough teacher improvement plan. • Sexual misconduct involving students by school personnel will almost always result in dismissal.

4. Dismissal for Cause (cont.): • 5. Community norms and expectations regarding professional conduct of teachers are very important considerations in cases involving alleged immoral conduct and and dismissal. • 6. A felony conviction or series of misdemeanors may result in dismissal and revocation of a teaching license. • 7. Private acts of homosexuality or adultery cannot form a basis for dismissal unless there is evidence that such acts render the teacher ineffective and there is proof that such acts adversely affect a teacher’s ability to perform his/her assigned duties.

5. Financial Exigency: • This is when a district faces a bona fide reduction in its budget which results in abolishing certain employment positions. The school board must demonstrate financial exigency. • All employees must be afforded full due process provisions if affected by a reduction in force. • School districts cannot use financial exigency to remove an employee who has exercised a constitutionally protected right. • Seniority and job performance should receive priority in RIF (reduction in force) decisions. • School district policy/state statutes must be followed to the letter to implement RIF policies.

6. Collective Bargaining: • The basic intent of collective bargaining is to create teacher empowerment and shared power between teachers and school boards. • This process should be guided by good faith efforts between all parties involved. • School boards should not negotiate items that they have no legal authority to negotiate unless they have statutory authority to do so. • Any action taken by striking teachers that may disrupt educational opportunities for students will not likely receive court support. • Collective bargaining agreements should not impair teacher’s constitutionally protected rights and freedoms.