ERIC Number: ED288255
Record Type: Non-Journal
Publication Date: 1983
Pages: 60
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Tenure Dismissal. Focus on School Law Series.
Galante, Susan
Tenured teaching staff member in New Jersey cannot be dismissed from their positions unless a board of education establishes just cause in a hearing before the Commissioner of Education. This pamphlet, designed to assist boards in filing dismissal proceedings for unsatisfactory tenured teachers, provides a comprehensive review of all recent tenure decisions of the commissioner, State Board of Education, and the courts. The first of two sections outlines the process for filing and certifying tenure charges and discusses suspension, salary payment, and other issues that arise during this process. It also provides information on the length of time necessary to complete the average tenure case, and it addresses procedural considerations pertaining to employees indicted for, or convicted of, criminal offenses. Two alternative processes for removing tenured teachers are also discussed--settlement of tenure charges and retirement. The second section reviews all the tenure cases decided from 1977 through April, 1983 in which a decision was rendered on substantive charges filed against a teacher. It also delineates the factors needed to establish each of the different charges and discusses those charges that are most likely to result in dismissal. The substantive grounds for dismissal that are discussed include (1) incapacity (chronic absenteeism); (2) inefficient or incompetent teaching performance; (3) corporal punishment; (4) insubordination; (5) unbecoming conduct (single incidents); (6) criminal conduct; and (7) "series" of incidents and "combinations of charges." (TE)
Descriptors: Compliance (Legal), Court Litigation, Due Process, Elementary Secondary Education, Legal Responsibility, School Law, State Legislation, Teacher Behavior, Teacher Dismissal, Teacher Rights, Tenure
Publication Sales, New Jersey School Boards Association, P.O. Box 909, Trenton, NJ 08605-0909 ($5.00; $20.00 for the series of 5 publications).
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers
Language: English
Sponsor: N/A
Authoring Institution: New Jersey School Boards Association, Trenton.
Identifiers - Location: New Jersey
Grant or Contract Numbers: N/A