1. Teachers and The Law 7 th Chapter 3 How Secure Is My Employment? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.

2. Copyright © Allyn & Bacon 2007 In reviewing employment in a school system, what are legal issues regarding teachers’ rights? Chapter How Secure Is My Employment? Essential Question

3. Copyright © Allyn & Bacon 2007 Key Concepts Chapter 1-Teachers and the Legal System TENURE DISMISSAL ACQUIRING TENURE STATE REQUIREMENTS Key Concepts Chapter 3 –How Secure Is My Employment? GROUNDS OF DISMISSAL PROCEDURES

4. Copyright © Allyn & Bacon 2007 Key Terms Chapter 3 – How Secure Is My Employment Tenure Laws (25-30) Rights of Tenure (31-32) Dismissal (31-40) Incompetence (35) Insubordination (35) Moral Turpitude (37) Unprofessional Conduct (38) Riffing (RIF) (39)

5. Copyright © Allyn & Bacon 2007 Case Presentation The Sindermann Case The Sindermann Case

6. Copyright © Allyn & Bacon 2007 CUSTOM STATE LAW REQUIREMENTS TEACHERS’ EMPLOYMENT CONTRACT

7. Copyright © Allyn & Bacon 2007 Teachers have the right to continued employment subject only to dismissal for cause. Nontenured teacher has the right to earn tenure status. Tenured teacher has the right to be employed in a district, not a specific position. TENURE RIGHTS

8. Copyright © Allyn & Bacon 2007 Statement of charges Hearing and written notice given Representation by counsel Investigation and opportunity to call witnesses Subpoena person(s) who has made charges Cross-examine witnesses; witness testimony taken under oath Record should be made of proceedings Written decision Written statement of the teacher’s rights to appeal DISMSSAL PROCEDURES

9. Copyright © Allyn & Bacon 2007 Dismiss a tenured teacher only for “cause” Specific Offenses –Incompetency –Willful neglect of duty –Immorality –Misconduct in office –Insubordination GROUNDS FOR DISMISSAL

10. Copyright © Allyn & Bacon 2007 OTHER GROUNDS for DISMISSAL Non performance of duty Incompetence Insubordination Conviction of crimes involving moral turpitude Failure to comply with reasonable orders Violation of contract provision or local rules or regulations Persistent failure or refusal to maintain orderly discipline of students Revocation of the teaching certificate.

11. Copyright © Allyn & Bacon 2007 Analysis of The Sindermann Case Analysis of The Sindermann Case

12. Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

13. Copyright © Allyn & Bacon 2007 Chapter 3 How Secure Is My Employment? Reflection Based upon your state requirements for tenure and your school district’s contract, in what ways are your teachers protected in their employment?