Dismissing a teacher for insubordination is usually acceptable to the courts when the teacher willfully defies reasonable and specific regulations and orders despite repeated and clear directives that such behavior must cease. (PGD)

Administrators must understand the type of evidence called for in a teacher dismissal hearing and set up procedures for gathering the evidence. Offers guidelines on the following sources of evidence: (1) school records; (2) evaluations; (3) recordings; (4) eyewitness accounts; (5) photographs; (6) policies and rules; and (7) direct testimony. (MLF)

This document describes the legal requirements for certificate suspension and revocation of North Carolina public-school teachers. Associated with its ability to administer teacher certification in the state, the State Board of Education also has the authority to suspend or revoke certificates. A question-and-answer section addresses issues of…

This document addresses legal requirements for and issues in the nonrenewal of probationary teachers in North Carolina. The interpretive analysis section points out that in order to protect itself against a charge of nonrenewal based on prohibited reasons, the school board must develop a written record that documents factors for its decision. A…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

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…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

As popular support grows for improving education, the states are considering many different ways to attract better teachers into teaching and keep good teachers in the schools. Proposed reforms are being widely discussed, in national reports, state legislatures, and many other forums across the nation. Less widely discussed but also important are…

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

Dismissals for ineffective teaching, as distinguished from insubordination, immorality, or improper treatment of students, are rare because standards of teaching against which to juxtapose an individual teacher's behavior have not been available. However, abstract performance standards for teachers are beginning to emerge from research on teaching…

Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's…

This information brief explains the State of Minnesota statutory provisions that affect the employment rights of K-12 public school teachers in Minnesota. It describes the required probationary period, the conditions of continuing employment for those teachers who successfully complete the probationary period, and the procedures that must be…

Although the main purpose of a school district's evaluation system is to improve employees' performance, the evaluation procedures and the supporting documentation must also serve as evidence in the termination hearings of an unsatisfactory employee. Accordingly, this chapter provides practical advice to school administrators concerning…

This work provides sample letters, charts, timelines, and checklists, to help principals adequately prepare for possible teacher dismissal. Chapter 1, "Describing the Marginal Teacher," lists traits common to marginal teachers. Chapter 2, "Establishing the Teacher Evaluation Process," presents a monthly timeline for assessing…

One of the most frequent problems confronting employers is the need to investigate allegations of or suspicions that an employee has been involved in misconduct and take appropriate action when the evidence substantiates the wrongdoing. School district employers are no exception. Respect and trust in the school working environment are achieved by…