Legal Thoughts to Ponder Hiring and Firing Legal Thoughts to Ponder

HIRING PAY ATTENTION TO YOUR ADVERTISEMENT DEVELOP QUESTIONS PRIOR TO THE INTERVIEW SHARE THE INTERVIEW DO THE “INFORMAL INTERVIEW” AVOID THE IMPERMISSIBLE QUESTIONS

IMPERMISSIBLE MARITAL/FAMILY STATUS PERSONAL HISTORY INBORN CHARACTERISTICS PROTECTED AREAS ASSOCIATIONAL ACTIVITIES UNRELATED WORK/EDUCATIONAL HISTORY

SUPERVISION AND HELP REGULAR VISITS DOCUMENTATION WARNINGS NOTICES OFFER OF HELP DIFFERENCE BETWEEN SUPERVISION AND EVALUATION

Regular Visits All teachers should have both formal and informal visits during the year; Some form of a record of those visits should be made and kept:this includes informal visits There are many forms of “supervision”

Documentation If you didn’t write it down, you didn’t see it, and if you didn’t see it, it didn’t happen. Keep a written record of all meetings; record each person’s opinion and the course of action proposed. If the union contract calls for a union rep to attend meetings, the principal may wish to have another administrator present. Keep plan books, roll books

Warnings, Notices, Offers of Help Written warnings should cite the problem to be solved, and a deadline date. Offers of help need to be documented Warnings should give date of notice, deadline, preferred outcome and consequences ALWAYS keep your deadlines

Supervision vs. Evaluation Supervision is for teacher growth, improvement Anyone may supervise Only the PRINCIPAL or the CHIEF ADMINISTRATOR may evaluate First year teachers are always probationary

JUST CAUSE? OBJECTIVE, DOCUMENTED EVIDENCE TO SUPPORT? PATTERN OF BEHAVIOR? MORE THAN PERSONALITY CONFLICT? RELATIONSHIP BETWEEN CONDUCT AND CLASSROOM? VIOLATION OF RULES/POLICY?

REASONS FOR TERMINATION Incompetence Insubordination Neglect of Duty Incapacity* Unprofessional Conduct Other just cause*

Incompetence: Inability to Perform Lack of knowledge of subject matter Failure to improve teaching Physical mistreatment of students Lack of cooperation Negligent conduct Violation of rules Failure to maintain discipline

Insubordination: Willful Refusal to abide by the rules to follow directives behavior same as incompetence but assumed to be willful

Immorality Usually, according to local standards public knowledge Interfere with authority or effectiveness

Neglect of Duty Failure to supervise, either physically or mentally Imposition of perilous activities, situations

Incapacity Physical or mental inability to perform duties Illness, medication, treatment

Unprofessional Conduct Failure to behave in a manner evidencing standards of professional behavior Usurpation of parental rights/relationship/alienation of affection

Other Just Cause: “to include but not limited to:” Violation of the tenets of morality Teaching contrary to religious/phil. doctrine Public repudiation of rel./phil. teaching Violation of academic, professional standards of conduct Immoral/illegal conduct Imminent danger Material omission/falsification of application

Observation and Help Supervise everyone, even veterans Document what needs to improve Document notice of consequences Require signatures/witnesses Document offers of help Document types of remediation Document Refusal of help

Be Fair Be honest in assessments and evaluations Apply all policies equally Be prepared to give difficult information and notification Recognize differences in background, talents

RIF-ing/Termination/Nonrenewal Notify the entire staff Clarify criteria: academic qualifications, areas of teaching experience, length of service, etc. Maintain deadlines Make every effort to reassign Have a written policy

Recordkeeping: Teacher’s File College transcripts Certifications Contract/Recommendations Observations Conferences Plans for improvement Awards, recognition Memoranda of discipline

Some Points: Never ask an impermissible question in the interview Never tell an applicant why he/she was not hired Teacher signature 1st one on contract Document, document, document Periodically review the handbook Know what’s going on