1. Chapter 10: Recruitment, Tenure, Dismissal and Due Process EDAD 859

2. Tenure:
Teachers are entitled to fundamental fairness, even if they have not achieved tenure.
Tenure is not designed to protect teachers who are inept or ineffective. However, it should protect competent and effective teachers.
Teachers may only be dismissed for specified reasons that are documentable and objective evidence.
Due Process procedures must be followed to be sure that dismissal decisions are legally defensible.
Nonrenewal of a non tenured teacher’s contract does not generally require due process, unless there is an alleged constitutional violation.

3. Dismissal for Cause:
Grounds for dismissal include incompetency, insubordination, neglect of duty, immorality, justifiable decrease in number of teaching positions, financial exigency or “other good and just cause”.
A board of education may dismiss a teacher for almost any reason , as long as the reason is valid and meets the due process requirements.
To dismiss a teacher for incompetency systematic evaluations, documentation of performance and a thorough teacher improvement plan.
Sexual misconduct involving students by school personnel will almost always result in dismissal.

4. Dismissal for Cause (cont.):
5. Community norms and expectations regarding professional conduct of teachers are very important considerations in cases involving alleged immoral conduct and and dismissal.
6. A felony conviction or series of misdemeanors may result in dismissal and revocation of a teaching license.
7. Private acts of homosexuality or adultery cannot form a basis for dismissal unless there is evidence that such acts render the teacher ineffective and there is proof that such acts adversely affect a teacher’s ability to perform his/her assigned duties.

5. Financial Exigency:
This is when a district faces a bona fide reduction in its budget which results in abolishing certain employment positions. The school board must demonstrate financial exigency.
All employees must be afforded full due process provisions if affected by a reduction in force.
School districts cannot use financial exigency to remove an employee who has exercised a constitutionally protected right.
Seniority and job performance should receive priority in RIF (reduction in force) decisions.
School district policy/state statutes must be followed to the letter to implement RIF policies.

6. Collective Bargaining:
The basic intent of collective bargaining is to create teacher empowerment and shared power between teachers and school boards.
This process should be guided by good faith efforts between all parties involved.
School boards should not negotiate items that they have no legal authority to negotiate unless they have statutory authority to do so.
Any action taken by striking teachers that may disrupt educational opportunities for students will not likely receive court support.
Collective bargaining agreements should not impair teacher’s constitutionally protected rights and freedoms.