Teacher Dismissal

A teacher is entitled to procedural due process if termination of employment impairs a property or liberty interest.

a legitimate claim of entitlement to continued employment that is created by state law (granting tenure, conveys such a right)

when termination created a stigma or damage to an individual's reputation in a manner that forecloses future employment opportunities. Wrongfully fired for being a child molester.

The "due process" must be substantial enough to substantiate the cause. Fair and reasonable in application and protect from unreasonable, capricious, arbitrary actions of the government (schools included)

cause of any tenured teacher, probationary teacher within the contract period.

ensure not only that a teacher is informed of the specific reasons and grounds for dismissal but also the school board bases its decision on evidence substantiating those grounds

Procedural protections are not accorded the probationary teacher when the employment contract is not renewed. -Most common requirement is notification of nonrenewal -- Teacher is simply provided the reasons

Board of Regents v. Roth (1972) Perry v. Sinderman (1972) Addressed whether the infringement of a liberty or property interest entitles a probationary teacher to due process rights similar to tenured teachers

1 year teacher Teacher must show that the employer's action 1) Resulted in damage of his or her rep or standing in community 2) Imposed a stigma that foreclosed other employment opportunities Determined Roth was not deprived of liberty -Rejected claim that he had protected property interest Court held that in order to establish a valid property right, and individual must have more than a "abstract need or desire" for a position. There must be a legitimate claim of entitlement

Nontenured 4th year of teaching Notified without reason or hearing Procedural due process should be afforded Supreme Court said that a non-tenured teacher does not have a constitutionally protected property right to employment requiring procedural due process before denial of reappointment BUT certain actions of the school board may create conditions entitling a non-tenured teacher to notice and a hearing similar to a tenured teacher.

Nonrenewal decisions damaging an individual's reputation and integrity. Nonrenewal decisions foreclosing other employment opportunities. Policies and practices creating a valid claim of rem-employment and nonrenewal decisions violating fundamental constitutional guarantees.

Non tenured employee does not have a property claim to reappointment unless government action has established a right

Fundamental constitutional guarantee such as freedom of expression and privacy right

If government action in the nonrenewal of employment threatens the exercise of these liberties, procedural due process must be afforded. A liberty interest may be implicated if the nonrenewal of employment damages individual reputation (charges must be serious against character - immorality, dishonesty)

Judiciary looks for certain basic elements of teacher facing a severe lass; must be afforded procedural due process

1) Notification of charges 2) Opportunity of a hearing 3) Adequate time to prepare a rebuttal 4) Access to evidence and names of witnesses 5) Hearing before an impartial tribunal 6) Representation by legal counsel 7) Opportunity to present evidence and witnesses 8) Opportunity to cross-examine adverse witnesses 9) Decision based on evidence and findings of the hearing 10) Transcript or recording of hearing 11) Opportunity to appeal an adverse decision Doesn't have to be in this order

as an impartial tribunal

informs teacher of specific charges and allows the teacher time to prepare a response Clark Co. School District v. Riley (2000)

Hearing (before termination): -- A teacher facing a severe loss such as termination must be afforded full procedural due process Adequate notice of hearing Reasonable time Can waive hearing (if so, probably guilty and damned if it goes public) Impartial

Hortonville Joint School District v. Hortonville Ed. Assoc.: U.S. Supreme Court established school board is a proper review body to conduct dismissal hearings

Burden of proof is placed on school board to show cause for dismissal -Preponderance of evidence -- If school fails to meet this burden of proof, judiciary will not uphold the termination decision

last step before court

Identified by statutes: incompetency, immorality, insubordination, unprofessional conduct, neglect of duty, other good cause, reduction in force, physical or mental incapacity, conviction of a felony or of a crime involving moral turpitude, inadequate performance, evident unfitness for service, failure to comply with such reasonable requirements as a board may prescribe; failure to show normal improvement and evidence of professional training and growth

lack of ability, quality of fitness, based on a number of factors

generally not defined. Unacceptable conduct that affects teacher's fitness.

willful disregard or refusal to obey school regulation - Teachers cannot ignore reasonable directive/policies of administrators/boards

vague and overbroad?

employee that challenges a RIF disclosure shoulders the burden of proof. Courts have not defined due process for RIF

Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance

advocating the overthrow of the federal or state gov'ts through any means, any cause which constitutes grounds for the revocation of a teacher's license; willful neglect or failure to observe and carry out the requirements of this title; dishonesty; breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015; intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to NRS 389.616 or 389.620; an intentional violation of NRS 388.5265 or 388.527. Gross midconduct or an intentional failure to reporrt a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

wrongfully terminated employees may be entitled to compensatory and punitive damages -reinstated with back pay and attorney fees Can be held personally liable; can't be held liable for subordinates; Qualified immunity in good faith

school districts can be assessed when action taken pursuant to official policy violates federaly protected rights

Any person who acts under state law to deprive another individual of rights is subject to personal liability

1 year minimum or 2 year maximum probation 3 satisfactory evaluations may waive the 2nd year

Told own children that they did not have to attend school; not rehired for cause

Principle dismissed for taking leave of absence while son on a mission: court returned matter to school board and reversed his dismissal

Teacher performance designations - Highly effective - Effective - Minimally effective - Ineffective 50% of teacher/principle evaluations based on pupil achievement

If unsatisfactory or ineffective or minimally effective, only if you have an evaluation left can you get another person. The second and third time, no.

If unsatisfactory, teacher can request another administrator conduct subsequent evaluation - Another district administrator -- Of 3 selected by the superintendent - If teacher request assistance -- Administrator that conducted the evaluation shall "ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator is correcting the deficiencies

Admonition, demotion, suspension, dismissal, and nonreemployment. Current laws do NOT apply apply to probationary employees. Gross misconduct added to list of reasons warranting disciplinary action

if 1 unsatisfactory evaluation, - 3 evaluations in the next year - If 1, 2, or both evaluations are unsatisfactory -- Same "appeal" process as above regarding choosing another administrator to conduct evaluation - Effectiveness rating replaces satisfactory/unsatisfactory after 7/1/2013

A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 91.3197, inclusive, and section 9 of this act without the admonition required by this section, on grounds contained in paragraphs b, f, g,h, and p and t of subsection. Without admonition.

Dismissal before completion of the year - Can request an expedited hearing 3 1-year probationary periods If dismissed prior to years end, same "rights" as postprobationary teacher Failure to notify by a certain date isn't equal postprobationary status any more 2 out of 3 "satisfactory" (effective or higher) = postprobationary status (reemployment)

No longer solely based on seniority Now must consider - Hard to fill position - National Board Certification - Performance evalutions - Disciplinary record - Criminal record (if applicable) - Type of licensure - Type of degree

If "below average" 2 out of 3 years (evaluations) - Must serve another probationary period Collective bargaining agreements no longer supersede state law

Local Board designed Enhanced compensation -Recruitment -Retention Focused on improving student achievement

No more "tenure" as we know it Postprobationary teachers can become probationary again - Based on Satisfactory/unsatisfactory (Effectiveness scale) - Probationary teachers -- 3 1-year contracts with no right to reemployment -Evaluations are multifaceted -RIFs based on individual teacher qualifications

If dismissed during school year, some -Expedited hearing If simply a nonrenewal - No recourse if notified on or before May 1 2013 - Effectiveness scale 2014 - Performance pay