Teacher Dismissal

steps for Probationary teacher

• comply with evaluation plan and bargained eval. procedure
• Give written notice of dismissal by mail within 45 days of end of the school term
• If board fails to give such notice, teacher is re-employed

Not required to provide reason for dismissal but you need to give ample warning that job is in jeopardy

Admin should not assume that there will be no consequence if a non-ten. teacher is dismissed without eval. evidence and early warning of deficiencies

in the final probationary year (4), the notice must state the specific reason for the dismissal

Non-Tenured Grievance for "Just causE"?

• "just cause" requires that an employee's discipline be "fair"
• this provision conflicts with the il statutes that govern dismissal of tenured and non-tenured teachers 18:25

Notice to remedy deficiencies?

• remediation plan requirements of school code apply to tenured employees only
• no notice is necessary for non-tenured unless required by school board policy

Dismiss non-tenured during year?

• Yes. However, teachers have a "property right" to employment for the term of their contracts.
• Board has to prove breach of contract & must give due process

hearing?

• no hearing for probationary teacher
• Unless dismissal raises constitutional issues

infringing on rights

• damaging the person's standing and associations in the community
• creates a stigma or inability to get future employment
• Sometimes results in a name-clearing hearing

Tenured teacher

tenured teacher may be dismissed for commission of a dismissible offense as defined by statute, provided the board complies with bargaining agreement and provides due process.

motion to dismiss

TEACHER IS ENTITLED TO A DISMISSAL NOTICE OR BILL OF particulars that states the causes and charges supporting the dismissal

causes for dismissal

• incompetency
• cruelty
• negligence
• immorality
• performance
• other sufficient causes
• temporary mental or physical incapacity is not a cause

a school board must prove a serious infraction; must comply with internal rules, regs. and policies concerning dismissal, including relevant contract provisions and evaluation plan; must provide due process

what is...

• incompetency - ineffectiveness w/ chance to remediate
• cruelty - intentional malicious infliction of suffering upon others 50/50
• negligence - failing to do something a reasonable person would or doing something a prudent person would not 50/50

what is...

• immorality - behavior that is detrimental to public welfare. needs to prove conduct had serious negative impact on school/staff/students.
• insubordination - willful disregard of implied or specific directives or an attitude equally defiant - remediable

to dismiss teacher for behavior off-campus, the board must be able to demonstrate that it had a serious negative impact on a school related objective

a teacher may dismissed for conduct that occurred during the supervision of extracurriculars if it is sufficiently serious and irremediable or repeated after warning

bad role model?

• significantly harmed reputation
• damaged the respect and esteem in which s/he is held
• no longer serve as credible role model
• conduct could not have been corrected and teacher had been warned

irremediable

• conduct is irremediable when the damage that has been done to students, faculty, or the school is irreparable.

who decides?

• board makes initial determination of the remediability or irremediability of conduct
• determining remediability is important in deciding whether the employee requires legally sufficient warning before dismissal

improper but remediable

• teacher gets notice to remedy the behavior
• notice must specifically identify behavior and state teacher is subject to dismissal
• provide specific corrective action the board requires
• identify a reasonable period of time to fix behavior

File Grievance?

• A teacher cannot file grievance to challenge the notice to remedy
• this is because the procedural requirements in the law for dismissal incorporate the board's duty to make initial determination of whether the teacher's conduct is remediable.