Chapter Ten
Recruitment, Tenure,
Dismissal and Due Process
Presented by:
Catherine Hardison, JD, PhD
Charles Wheaton, PhD
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
1
Tenure in Public Schools
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Reasons for Tenured Contract
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Protects good teachers from arbitrary and capricious
treatment/decisions (What is happening now?)
Gives teacher & family sense of security
Is a property right--meaning what?
Not intended to preclude dismissal for cause or if needed for
more efficient operation or administration of the school
district
Gives some insulation from special interest groups and
political factions
Allows performance of duties without much interference
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Tenure, Wash State, K-12
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The requirements are changing!!!
Coming out of college/university
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Residency certificate, no expiration date
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Obtain a job or OSPI accepts out of state experience, then 2 years
provisional status in same district.
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Must enroll in professional certification (Pro-Teach) program once
have equivalent of 1.5 years experience (must be employed-can be
out of state so long as OSPI accepts and credits the experience)
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Must complete professional certification program within 5 years,
can obtain an extension for 2 more years if register through ProTeach website.
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Tenure, Wash State, K-12
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After seven years and no attempt or
failed ProTeach portfolio, certificate
expires and must wait five years before
applying for residency certificate again.
Can still substitute, but time does not
count toward experience years,
retirement or job security.
Link to OSPI:
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Help for K-12 Wash St.
Certification Questions
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PESB http://www.pesb.wa.gov/
WA ProTeach  http://waproteach.org
OSPI Certification 
http://www.k12.wa.us/certification/default.aspx
Kris Walker, HU Certification Officer: walker_k@heritage.edu,
509-865-8592
Dr. Marisol Rodriguez-Price, Director Teacher Professional
Certifications: rodriguez-price_m@heritage.edu, 509-865-8656
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Educational Service Districts
in Wash State
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
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For Your Information-ESDs
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ESD 101 - 4202 S. Regal, Spokane 99223-7738, (509) 789-3800, http://www.esd101.ne
ESD 105 - 33 S. 2nd Ave., Yakima 98902-3486, (509) 575-2885,
http://www.esd.105.wednet.edu
ESD 112 - 2500 N.E. 65th Ave., Vancouver 98661-6812, (360) 750-7500,
http://www.esd112.org
ESD 113 - 601 McPhee Rd. S.W., Olympia 98502-5080, (360) 464-6700,
http://www.esd113.k12.wa.us
Olympic ESD 114 - 105 National Ave. N., Bremerton 98312, (360) 479-0993,
http://www.oesd.wednet.edu
ESD 123 - 3918 W. Court St., Pasco, 99301, (509) 547-8441, http://www.esd123.org
North Central ESD 171 – 430 Olds Station Rd., P.O. Box 1847, Wenatchee 98801-1847,
(509) 665-2610, http://www.ncesd.org
Northwest ESD 189 - 1601 R Avenue, Anacortes 98221, (360) 299-4000,
http://www.nwesd.org/nwesd/site/default.asp
Puget Sound ESD 121 – Renton Office 800 Oakesdale Ave SW 98057, Fife Office 3601 20 th
Street East, Fife, WA (253) 778-7800, http://www.psesd.org
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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RCW (28A.405.030)
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Teachers must:
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Teach/train morality and patriotism
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Principals of morality, truth, justice,
temperance, humanity and patriotism
To avoid idleness, profanity and falsehood
Principles of free government
True comprehension of the rights, duty and
dignity of American citizenship
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Non-renewal-Probationary
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Probationary teachers do not have a continuing right
to employment because?
 Have a limited property interest
 At end of school year teacher loses inherent
property right because both the district and the
teacher have met their contractual obligations
 Showing of due process and cause only needed if
a property right exists--then constitutional
guarantees kick in
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
10
Evaluation of Teachers Minimum
Criteria (28A.405.100)
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ESSSB 6696 will change the current criteria of:
Instructional Skill
Classroom management
Professional preparation & scholarship
Effort toward improvement when needed
Handling of student discipline and attendant
problems
Interest in teaching pupils and
knowledge of subject matter
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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Effective date 6/10/10
(2) (a) School Board must establish
revised criteria and four level rating
system for all certified classroom
teachers
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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Minimum criteria:
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Centering instruction on high expectations for student
achievement
Demonstrating effective teaching practices
Recognizing individual student learning needs and
developing strategies to address those needs
Providing clear and intentional focus on subject matter
content and curriculum
Fostering and managing a safe, positive learning
environment
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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Minimum Criteria Con’t
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Using multiple student data elements to modify
instruction and improve student learning
Communicating and collaborating with parents
and the school community
Exhibiting collaborative practices focused on
improving instructional practice and student
learning
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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Four-level rating system
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Describe performance along a continuum
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Criteria met or exceeded
Student growth data referenced in
evaluation process…
Must be based on multiple measures (can
include classroom based criteria)
Third yr. provisional status = Three observations of at
least 30 minutes
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Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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District report annually to OSPI
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Evaluative criteria and rubrics
Description of each rating
Number of staff in each rating
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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District provide info annually to local
community and its electorate, policies
regarding staff:
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Hiring
Assigning
Terminating
Evaluating (including criteria for evaluating
teachers and principals)
Ch 10, Rec, Ten, Dism, Due
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School Board Must Establish
Evaluative Criteria
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Minimum of the six/seven areas just noted
Before four years of satisfactory evaluations, principal
of building or his or her designee is legally
responsible to evaluate all certified personnel within
his/her building
 At least twice annually
 Total observation time must be not less than 60
minutes
 New employees must be evaluated at least once
in the first 90 calendar days in the district for a
minimum of 30 minutes
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Evaluative Criteria (con’t)
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After October 15
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Certified employee whose work not just
satisfactory must be notified in writing of
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Specific areas of deficiencies
Reasonable program for improvement
Given 60 school days to demonstrate
improvement in areas of deficiency
Notice given by district superintendent
Board does not need to be notified
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Evaluative Criteria (con’t)
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Evaluator must meet with teacher twice
monthly to supervise and make a
WRITTEN evaluation of progress, if any
Evaluator may authorize one additional
certified employee to evaluate the
probationer and to aid the teacher in
improving areas of deficiency (person will
be immune from civil liability)
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Evaluative Criteria (con’t)
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Removal from probation
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Must demo improvement to satisfaction of
principal in areas
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specifically detailed in his or her initial notice of
deficiency AND
Subsequently detailed in his or her
improvement program
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Lack of Improvement
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As specifically documented in writing to the probationer,
lack of necessary improvement during probationary period
shall constitute GROUNDS for a finding of probable cause
 Not enough performance change detailed in initial
notice of deficiencies and improvement program
 Employee can be removed from his/her assignment and
placed into an alternative assignment for the remainder
of the school year
 Assignment cannot displace another employee
 No possible reassignment? On paid leave for remainder
of the school year
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Administrator Evaluations
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Criteria, when applicable
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Knowledge of, experience in, and training
in recognizing good professional
performance, capabilities and
development;
School finance;
Professional preparation and scholarship;
Effort toward improvement when needed;
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Administrator Evaluations
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Criteria (con’t)
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Interest in pupils, employees, patrons and
subjects taught in school;
Leadership;
Ability and performance evaluation of
school personnel
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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New criteria for principals
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Creating school culture promoting ongoing improvement of
learning and teaching for students and staff
Demonstrating commitment to closing the achievement gap
Providing for school safety
Leading development, implementation, and evaluation of a
data-driven plan for increasing student achievement
(including use of multiple student data elements)
Assisting instructional staff with alignment of curriculum,
instruction, and assessment with state and local learning
goals
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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ESSSB 6696-Section 202
changes to RCW 28A.405.100
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New criteria for principals (con’t)
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Monitoring, assisting, and evaluating
instruction and assessment practices
Managing both staff and fiscal resources to
support student achievement and legal
responsibilities
Partnering with the school community to
promote student learning
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Supervisor Responsibility
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Each certified employee shall have an
opportunity for two confidential conferences
with his/her immediate supervisor with sole
purpose of aiding the administrator in
assessment of employee’s professional
performance
Failure to any evaluator to evaluate or cause
the evaluation or supervision when
responsible to do so shall be sufficient cause
for non-renewal or discharge
Ch 10, Rec, Ten, Dism, Due
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After Four Years. . .
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Of satisfactory evaluations (new: top two ratings
using new standards) for four years
 A short form evaluation
 A locally bargained evaluation emphasizing
professional growth
 The same evaluation used previously
 Or a combination of the three,
 Can be used
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
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Deadline, Notification
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If there is probable cause or causes that the
employment contract of an employee should not be
renewed, employee must be notified by May 15
PC determination shall be made by the
superintendent
Notification shall specify cause or causes for nonrenewal of contract
Served upon employee, or by certified or registered
mail, or by leaving a copy of the notice at the house
of his or her usual abode with some person of
suitable age and discretion then resident therein
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Tenure for Principals
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Cannot transfer a principal to a
subordinate certified position, unless
First three consecutive school years of
employment as a principal
Only during first full school year if
previously employed for three
consecutive years by another school
district
Ch 10, Rec, Ten, Dism, Due
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Cannot Discriminate
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Against any certificated employee, applicant for
certified position
 On account of membership in any lawful
organization
 For orderly exercise (during off-school hours) of
any rights guaranteed under the law to citizens
generally
 For any family relationship, except where covered
under RCW 42.23. Any guess what familial
relationship is prohibited?
Ch 10, Rec, Ten, Dism, Due
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No Certification Required?
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For superintendents, assistant superintendents
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PESB or OSPI “shall not require any professional
certification or other qualification of any person elected
superintendent of a local school district by that district’s
board of directors, or any person hired in any manner to fill a
position designated as, or which is, in fact deputy
superintendent, or assistant superintendent”
RCW28A.410.120
What is your reaction?
Do Principals have to have a teaching certificate?
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How do you find out?
Ch 10, Rec, Ten, Dism, Due
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Dismissal for Cause
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Washington has six/seven evaluative criteria
Generally incompetence, insubordination, immorality,
justifiable decrease in the number of teaching
positions.
Generally, a local school board could potentially
dismiss a teacher for any reason, so long as for a
valid reason, and it meets both substantive and
procedural due process requirements
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Incompetence
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Essex:
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Inefficiency
Lack of skill
Inadequate knowledge of subject matter
Inability or unwillingness to teach the curricula
Failure to work effectively with colleagues and parents
Failure to maintain discipline
Mismanagement if the classroom
Attitudinal deficiencies
Burden of proof remains with the district
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Incompetence
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Fundamental fairness dictates an
evaluation process be followed
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Need proper evaluation, documentation,
assistance rendered, and timely notice
Must allow teacher time to succeed, time to
meet expected performance standards.
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Insubordination
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Essex-General view
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Willful failure or inability to obey a
reasonable and valid administrative
directive
Usually teacher given a clear, distinct
warning regarding undesirable conduct and
failed to heed the warning
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Insubordination
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To succeed:
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Need documented evidence of alleged
misconduct
Need evidence administrative directive was
valid
More likely when linked to teaching
performance or related academic issues
Cannot be biased against employee
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Insubordination
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Scenario: The principal of an middle school notes
that a particular teacher is continually late to school in
the morning. At times he comes to his classroom
door just as the final bell is ringing. You know
Washington State law requires a teacher to be on
campus 30 minutes before classes begin.
The principal has verbally warned the teacher several
times to be on campus 30 minutes ahead of the final
bell and has recently “written-up” the teacher,
personally delivered written warning and placed it in
the teacher’s disciplinary file
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Insubordination
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Over the several next days eight other
teachers, who in the past have not been late
to campus, come by the principal’s office to
announce they are late
What do you think is happening here?
What action would you recommend the
principal take?
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Immorality
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Essex
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Unfitness to teach
Behavior that sets a poor example for students and violates
moral integrity
Other acts in some states:
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Homosexual conduct—is this true in Washington State?
Unprofessional conduct
Criminal activity involving moral turpitude (extreme immorality
or wickedness)
Sexual activities involving students
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Homosexuality and
Employment
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Courts not consistent
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Washington allows domestic partnerships with certain rights
Washington case Gaylord v. Tacoma School District (1977)
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Student wrote a statement to vice-principal that Gaylord was a
homosexual
Gaylord admitted he was
Court found admission of homosexuality connotes
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Illegal activity as well as immoral acts because
Sexual gratification with a member of one’s own sex is implicit in
the term homosexual
Is this case still followed? How could you find out?
Ch 10, Rec, Ten, Dism, Due
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2011-12
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Homosexuality and
Employment
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The Gaylord court ruled against him
If Gaylord were to remain in the classroom after becoming
known as a homosexual, the result would be fear, confusion,
suspicion, parental concern, and pressure on the
administration by students, parents, and other teachers
Oklahoma-could dismiss teachers for public homosexual
conduct—USSC let stand a lower court case to strike down the
law in 1985.
Still an inconsistency-basic standard used seems to center on
fitness to teach.
How does your district handle the issue?
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Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Homosexuality and
Employment
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You are a building principal/agency head and an
employee comes to you and complains about the
jokes made frequently at staff meetings about
homosexuals. He/she continues on to say he/she is
offended because she is gay.
What will be your reaction based on the information
you received.
Are you aware that homosexuality and pedophilia are
two different behaviors?
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Homosexuality and
Employment
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Some states currently prohibit discrimnation based sexual orientation
because they recognize the rights of
individuals to determine their particular
lifestyles
What is Washington state’s stance?
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Criminal Activity
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Normally results in teacher dismissal due to general
unfitness, immorality, unprofessional conduct.
Revocation of a teaching certificate is possible in
Washington State after investigation
Principals of morality, truth, justice, temperance,
humanity and patriotism must be taught, so what if
teacher violates them?
Ch 10, Rec, Ten, Dism, Due
Process/Hardison, Wheaton HU
2011-12
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Criminal Activity
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Scenario: You are a building principal and hear rumors
about a teacher who is sexually involved with his students.
You cannot, and neither can your superintendent, find any
student who is willing to tell about any involvement.
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What do you do?
Finally it becomes very apparent that the teacher has
focused his attentions on a 15 year old female student. At a
high school dance later in the year, he dances with his
student in the presence of his wife and then the student
and the teacher leave and the teacher has sexual
intercourse with the student.
 What do you do? What if 15 year old refuses to testify?
Ch 10, Rec, Ten, Dism, Due
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Criminal Activity
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When the conduct is reported to the
superintendent the teacher was suspended
Later, the student’s parents sued contending
that the school district knew or should have
known of the sexual abuse of their student
The superintendent was granted immunity
The principal was denied immunity
(Fifth circuit, Texas case, 1994)
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Finally, as we close . . .
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As a school district (teacher, counselor,
administrator)/agency employee, why is
knowledge of the law so important to have?
In other words, what is the most important
lesson you have learned from this class to
help your “clients”?
Sometimes, the greatest wisdom comes from
a childhood story. . .
Ch 10, Rec, Ten, Dism, Due
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The Tao of Pooh
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How can you get very far,
If you don’t know Who You Are?
How can you do what you ought,
And you don’t know What You’ve Got?
And If you don’t know Which To Do
Of all the things in front of you
Then what you’ll have when you are through
Is just a mess without a clue
Of all the best that can come true
If you know What and Which and Who
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Of school law of course!!
Ch 10, Rec, Ten, Dism, Due
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Thank you
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For taking care of our future (the
seedling overhead),
Our tomorrow,
Our Children!
Ch 10, Rec, Ten, Dism, Due
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2011-12
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