Teachers and The Law
7th
Chapter 3
How Secure Is My Employment?
Fischer, Schimmel, Stellman
PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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Chapter
How Secure Is My Employment?
Essential Question
In reviewing employment in a
school system, what are legal
issues regarding teachers’ rights?
Copyright © Allyn & Bacon 2007
Key
KeyConcepts
Concepts
Chapter
1-Teachers
and
the Employment?
Legal System
Chapter
3 –How
Secure
Is My
TENURE
DISMISSAL
ACQUIRING TENURE
GROUNDS OF DISMISSAL
PROCEDURES
STATE REQUIREMENTS
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Key Terms
Chapter 3 – How Secure Is My Employment
Tenure Laws (25-30)
Rights of Tenure (31-32)
Dismissal (31-40)
Incompetence (35)
Insubordination (35)
Moral Turpitude (37)
Unprofessional Conduct (38)
Riffing (RIF) (39)
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Case Presentation
The Sindermann Case
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CUSTOM
STATE LAW REQUIREMENTS
TEACHERS’ EMPLOYMENT CONTRACT
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TENURE RIGHTS
• Teachers have the right to
continued employment subject
only to dismissal for cause.
• Nontenured teacher has the
right to earn tenure status.
• Tenured teacher has the right
to be employed in a district,
not a specific position.
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DISMSSAL PROCEDURES
•
•
•
•
•
•
Statement of charges
Hearing and written notice given
Representation by counsel
Investigation and opportunity to call witnesses
Subpoena person(s) who has made charges
Cross-examine witnesses; witness testimony taken
under oath
• Record should be made of proceedings
• Written decision
• Written statement of the teacher’s rights to appeal
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GROUNDS FOR DISMISSAL
• Dismiss a tenured teacher only for “cause”
• Specific Offenses
– Incompetency
– Willful neglect of duty
– Immorality
– Misconduct in office
– Insubordination
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OTHER GROUNDS for DISMISSAL
Non performance of duty
Incompetence
Insubordination
Conviction of crimes involving moral turpitude
Failure to comply with reasonable orders
Violation of contract provision or local rules or
regulations
Persistent failure or refusal to maintain orderly
discipline of students
Revocation of the teaching certificate.
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Analysis
of
The Sindermann Case
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Initial Proceedings
Complaint
Interrogatories
Facts of
claim by
plaintiff
seeks
Depositions
Defendant
Answers
(30 days)
or motion
to dismiss
Document
Requests
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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Chapter 3
How Secure Is My Employment?
Reflection
Based upon your state requirements for
tenure and your school district’s
contract, in what ways are your
teachers protected in their
employment?
Copyright © Allyn & Bacon 2007