Employee Tenure, Discipline and Dismissal

Question 1

Describe the Probationary Status for Certificated Employees.

Answer 1

1. Probationary period is two complete consecutive school years of service. 2. 75% of the regular school days for the year count as a complete school year - less than 75% not satisfactory/ tenure is not established by 51% of the days school was in session.

Question 2

In the Educational Code, permanent status occurs when?

Answer 2

In districts of 250 ADA (average daily attendance) - two complete consecutive school years and is employed for a third year - becomes permanent at the beginning of the succeeding year UNLESS notified by March 15 of the second year of decision not to reelect for the next school year.

Question 3

Describe the Probationary Status for Classified Employees.

Answer 3

1. Six month probationary period unless written notice of intent not to reemploy. 2. Employee gets permanency after six months.

Question 4

What is a provisional teacher?

Answer 4

A teacher getting credential while working - probational teacher status.

Question 5

Can the government retroactively interfere with matters that are governed by private contracts?

Answer 5

No. In the U.S. Constitution (i.e. Obligation of Contract Clause) - cannot go back and void a contract like the Superintendent.

Question 6

Is the school board responsible for al personnel matters?

Answer 6

Yes. Personnel: hiring, firing, and establishing duties for all employees, including certificated and classified employees, superintendent, principals, etc.

Question 7

Can the school board issue or revoke a teaching credential?

Answer 7

No. Teaching credentials are issued by the State, Commission of Teacher Credentialing, NOT the local school board or district.

Question 8

Does an administrator have Administration permanent status?

Answer 8

No. School principals can earn tenure as a teacher. Administrator who is demoted from an administrative position retains permanent/tenure status in a certificated/teacher position.

Question 9

How often are evaluations for probationary and permanent teachers?

Answer 9

Probationary teachers receive evaluations at least once per school year and a permanent teacher receives evaluations at least every other year.

Question 10

What must the district do regarding evaluations?

Answer 10

The district must adopt, print and make available to each certificated employee, the district rules and regulations providing for the the evaluation (i.e. Stull Act) and these rules and regulations are a negotiable item.

Question 11

What must be done with the completed teacher evaluation?

Answer 11

The evaluation shall be in writing and shall be transmitted to the teacher not later than 30 days before the last school day of the school year in which the evaluation takes place.

Question 12

What rights does a teacher have with his/her evaluation?

Answer 12

The teacher has the right to have a written response permanently attached to the evaluation in the personnel file (EC 44663).

Question 13

Does a teacher have a right to review his/her personnel file?

Answer 13

Yes. And it must be made available for inspection. Teachers have a right to review their personnel file and also the right to challenge any material in it. It may not have anything in it that may effect your employment status.

Question 14

What is progressive discipline?

Answer 14

Progressive discipline are steps taken for intervention that may be repeated and documented.

Question 15

What are the steps of Progressive discipline?

Answer 15

The steps are: 1. Observation 2. Letters of reprimand(formal written warning) 3. Counseling (informal oral discussion) 4. Memos - conference (does not go to district) 5. Notice of unsatisfactory service or act or letter of reprimand 6. Evaluation 7. Suspension ( 30 days certificated teacher/ 15 days classified employee) 8. Reassignment or demotion 9. Dismissal (permanent termination of an employee from service.

Question 16

Is progressive discipline in the Education Code?

Answer 16

No. It is in the Collective Bargaining Agreement. (CBA)

Question 17

How long of a process does Progressive discipline take?

Answer 17

About one year from start to finish.

Question 18

Define Dismissal.

Answer 18

Dismissal refers to termination for specified causes or grounds (for cause) through stringent procedures (written notices, statements of causes, impartial hearing, and attorney representation) for permanent and probationary certificated employee - if during the school year.

Question 19

Define non-renewal.

Answer 19

Non-renewal refers to termination of employment at the end of the school year for a probationary teacher.

Question 20

Define Reduction in Force (RIF).

Answer 20

RIF refers to termination of both probationary and permanent teachers at the end of a school year, not for a cause, but because of discontinuance of a particular service or declining ADA - average daily attendance.

Question 21

Define Resignation.

Answer 21

Resignation refers to a teacher’s voluntary termination.

Question 22

What four areas must be considered in analyzing a teacher’s termination matter?

Answer 22

1. Dismissal, non-renewal, RIF or resignation 2. Permanent, probationary, or provisional, substitute teacher 3. CBA/Board Rules/Bulletins/Policy - could provide more but not less protection for employees 4. Law: EC 44932

Question 23

What is the major Stature for teacher dismissals?

Answer 23

Education Code 44923

Question 24

Can a teacher be dismissed for conduct off campus?

Answer 24

Yes. If the misconduct is off campus, then to dismiss there needs to be a nexus between the misconduct and teaching performance.

Question 25

Pursuant to Education Code 44923, Permanent Certificated Employees can only be dismissed for one or more of what 13 reasons?

Answer 25

1. Immoral conduct - offensive behavior among community 2. Unprofessional conduct: catch all cause 3. Commission, aiding or advocation acts of criminal syndication 4. Dishonesty 5. Unsatisfactory performance 6. Evident unfitness for service: catch all cause 7. Physical/mental condition making teacher unfit to instruct or associate with children 8. Persistent violation of or refusal to obey state laws, State Board of Education regulations, or school board regulations 9. Conviction of any felony or a conviction of a misdemeanor involving immoral conduct. 10. Advocating or teaching communism with the intent to indoctrinate. 11. Knowing membership in the Communist party. 12. Alcoholism/other drug abuse that makes employee unfit to instruct or associate with children. 13. EC 44933: Unprofessional conduct provision

Question 26

Can a teacher be dismissed for other reasons than in the Educational Code?

Answer 26

Yes. A teacher can be dismissed for violating GC 1028 (Government Code) if teacher advocates overthrowing the US government or attempts to recruit students into communist party.

Question 27

Pickering v. Board of Education of Township High School District (1968) Pickering Pick: Permanent Picked on Boards spending practice Prevailed teacher - t in township

Answer 27

1st Amendment Right to freedom of expression for permanent teacher. Facts: Permanent teacher dismissed after writing a letter critical of Boards spending practices. Rule: 1st Amendment Analysis: Balance teacher’s free speech rights v. schools interest (i.e. education) Conclusion: teacher prevailed - outweighed district rights.

Question 28

Mount Healthy City School District Board of Education v. Doyle (1977) Doyle Probationary teacher complained about dress code to press and then was not rehired. There were other reasons for not rehiring - inappropriate gestures made to students.

Answer 28

1st Amendment Right for freedom of expression for probationary teacher. Rule: 1st Amendment Analysis: Probationary’s have free speech rights and they may claim reinstatement if the reason for not being rehired was in violation of these rights, this will not prevent the district from dismissing a teacher on total performance.

Question 29

Fowler v. Board of Education of Lincoln County (1987) Fowler Fowl play - R-rated - The Wall

Answer 29

District dismissed teacher based on unbecoming conduct after showing Pink Floyd “The Wall” to high school students. Rule: academic freedom - balance Conclusion: not educationally expressive and not protected speech (R-rated movie)

Question 30

Wilson v. Chancellor (1976) C - Chancellor Communism Speaker

Answer 30

Invited communist speaker to talk with high school class after having other political speakers. Rule: academic freedom - balance Conclusion: was protected speech

Question 31

East Hartford Ed. Ass. v Board of Education of Town East Hartford (1977) Town - t - tie

Answer 31

District required male teacher to wear ties. Rule: academic freedom - balance conclusion: school interest (prof. image, promote good grooming, respect) outweighed teacher interest.

Question 32

Gaylord v. Tacoma School District (1977) Gaylord - Gay - Homosexual

Answer 32

Homosexual teacher received publicity at high school. Rule: teachers are role models/ nexus: question whether or not lifestyles hamper teacher’s effectiveness. Conclusion: teacher’s fitness impaired due to lifestyle (not today)

Question 33

Erb v. Iowa State Board of Public Instruction (1974) Erb: Everybody really bangs

Answer 33

Teacher had adulterous affair. Rule: teachers are role models/ nexus: question whether or not lifestyles hamper teacher effectiveness. Conclusion: court did not find nexus

Question 34

Barcheski v. Board of Education of Grand Rapids Public Schools (1987) Barcheski - Bar - drank chest - played with/ kissed

Answer 34

Teacher invited his middle school female student to a party. Smoked pot/drank, drove her home, kissed. Rule: Teachers as Role models/ nexus Conclusion: Court found nexus

Question 35

A teacher has legal protections against employment discrimination under which amendment?

Answer 35

14th Amendament

Question 37

Which Federal Statutes protect a teacher legally from employment discrimination?

Answer 37

1. Civil Rights Act of 1964
2. Title VII and IX
3. ADA (American Disability Act), Pregnancy Discrimination Act and Age Discrimination Act
4. Section 504 of Rehabilitation Act of 1973 - Resonable Accomendations

Question 38

How is a teacher protected against race discrimination?

Answer 38

It is prohibited by law.

Question 39

How is a teacher protected against Sex discrimination?

Answer 39

1. Prohibited by law
2. Fuhr v. City of Hazel Park School District (2004) - not hiring a women to coach a boys basketball team because of gender is sex discrimination.

(Fuhrer - men only for basketball)

Question 40

How is a teacher protected against Pregnancy discrimination?

Answer 40

1. Prohibited by law
2. Eckman v. Board of Education of Hawthorn School District (1986)

• Facts: District fired teacher becasue she was pregnant and not married
• Rule: must treat pregnancy like other medical conditions so all eimployment decisions should be based on ability to work
• Conclusion: court fount that terminating due to out-of-wedlock pregnancy was discriminatory

Eckman

Peck - Pecker - Pregnancy

Question 41

How is a teacher protected from Religious Discrimination?

Answer 41

Prohibited by law

Question 42

How is a teacher protected from age discrimination?

Answer 42

1. prohibited by law
2. Geller v. Markham (1980)

• Facts: districts did not hire an experienced 55 year old solely because of her age.
• Rule: cannot discriminate based on age (over 40) unless bona fide occupation reason
• Conclusion: District engage in age discrimination

Question 43

Describe how discrimination is revealed in Lehnert v. Ferris Faculty Association (1991)?

Ferris Wheel - Union???

Answer 43

Teacher Union Bargaining case

1. teachers may bargain without retalition
2. agency shop upheld (lausd - agency shop)
3. non-union member must still pay dues
4. non-member dues cannot be used for political lobbying

Question 44

What are the procedures to dismiss a permanent certifcated teacher?

Answer 44

1. Board gives the teacher a notice to dismiss within 30 days unless teacher demands hearing.
2. District Drafts charges against teacher
3. Impartial administrative hearing held.

Question 45

Can a permanent classified employee be dismisssed without notice and hearing?

Answer 45

No

A classified employee goes before a Hearing Officer with the District opposing the employee.

Question 46

Can a probationary teacher be dismissed mid-year?

Answer 46

Yes - for cause dismissal.

Similar to permanent teacher dismissal. Must be dismissed for a cause under Educational Code 44932. (immoral conduct, dishonesty)

Question 47

Board of Regents of State College v. Roth (1972)

Answer 47

Court held that a due process hearing under the 14th Amendment is generally not required for probationary employees, however, the court held that it may if the employee liberty interest is negatively affected - name clearing.