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**Teacher Dismissal**   =====

E310- Ashley Bell, Lisa Banoff, Adam Ahfeld, Amy Conrad, and Megan Craig

**What is the difference between a tenured and a non-tenured teacher?**
Non-tenured teachers have term contracts. A //term contract// is for a set period of time, often one or two years. At the end of this contract, the school administration can decide not to renew the contract for any or no reason. Due process is not necessary. New teachers usually start out with term contracts (the term "probationary teacher" also refers to this period before receiving tenure).

Tenured teachers are a great deal more protected from losing their job. A tenured teacher's employment can only be terminated because of an adequate cause (//see the sections relating to dismissal//). A tenured teacher must also receive due process.

**Dismissal v. Non-Renewal**
Non-tenured teachers holding term contracts can be subjected to non-renewal of their contract. No reason is needed, and the teacher is not insured due process.

Both tenured and non-tenured teachers can be dismissed. A dismissal is when a teacher is fired during the term of their contract. Dismissals can happen for a number of reasons, and generally some form of due process is necessary.

Incompetency:
The teacher lacks ability to teach, is generally not qualified, or has shown proof that they are incompetent.

Immorality:
Various forms of inappropriate conduct, often though not always sexual in nature. The conduct somehow interferes with the teachers's fitness to teach.

Insubordination:
The teacher knowingly and purposely disobeys school regulations or orders.

Unprofessional Conduct:
Assorted types of conduct that are considered inappropriate or unbecoming in a teacher.

Unfitness to Teach:
Again, a variety of behaviors - this may include a lack of judgment in the classroom, as well as a variety of medical, emotional, or mental conditions that make teaching overly difficult.

Other Good and Just Cause:
Intended to cover situations that may not have a precedent, but would necessitate a teacher's dismissal.

Reduction-In-Force:
When a school district must reduce their teaching force due to redistricting, lowered enrollment, etc.

**The 14th Amendment and the Due Process Clause**
No state "shall deprive any person of life, liberty or property without due process of law" (McCarthy, Cambron-McCabe, and Thomas, 280).

A //liberty interest// (also called liberty right) in ones employment can be said to be violated if termination somehow harms the employee's reputation in a way that might make future employment difficult.

A //property interest// in ones employment means that the employee can legitimately say that they are entitled to continued employment under state law. Tenured teachers in particular have property interests in their job. Property interest doesn't mean you can't be fired; it just means that due process must be followed.

If an employee can prove that they have a liberty or property interest, then due process is necesary to fire that teacher.

**So what does this mean for when you're getting fired?**
If a teacher is getting dismissed, not simply not getting a renewed contract, and assuming they have a liberty or property interest in their continued employment, they must be afforded due process. In real terms, this can mean several things.

There's no set "formula" for what due process is for teachers. Individual school boards may have differing procedures, but there are several key elements to "full prcedural due process." The following are some of the most important: Basically, the teacher should get a fair hearing with no foul play involved. They should be able to have a lawyer, evidence, etc.
 * Notice: Teachers must receive notice of the charges and give enough time for the teacher to prepare a response.
 * A Hearing: There should be some sort of administrative hearing that allows both sides to be heard. Again, the teacher must receive notice of this hearing in advance, with enough time to prepare their statements.
 * Collective bargaining: If there is not a hearing, collective bargaining is an option.

=__**Court Cases:**__=
 * Case name and Citation:**
 * //Cleveland Board of Education v. Loudermill//, 470 U.S. 532 (1985)
 * U.S. Supreme Court


 * Facts:**
 * This is a case between Loudermill (classified as a civil servant, which is similar to the status of a tenured teacher) and the Cleveland Board of Education regarding possible violation of due process rights when Loudermill was dismissed.
 * This is a somewhat combined case. There is a similar issue of possible violation of due process rights regarding a bus mechanic and the Parma Board of Education when he was dismissed for failing his eye exam.
 * James Loudermill was hired to be a security guard. When Loudermill filled out his application he stated that he had never committed a felony (he thought that he had committed a misdemeanor, which was not what the application inquired). The Board of Education discovered that Loudermill had been convicted of a felony. Loudermill was terminated because of his dishonesty when filling out the application.
 * Under Ohio law, Loudermill was classified as a “civil servant.” A provision about civil servants is that they “can be terminated only for cause, and may obtain administrative review if discharged” (//Loudermill,// 1488).
 * Loudermill filed a suit that he was not given an opportunity to respond to the charges made against him before a jury. Therefore, he claimed that his property and liberty rights had been violated because there was no due process.
 * District Court holding: dismissed the case for failure to state a claim
 * U.S. Court of Appeals holding: The Cleveland Board of Education violated the due process rights under the 14th Amendment.


 * Issue:**
 * Did the school board deny Loudermill his Fourteenth Amendment rights (due process) prior to his dismissal?


 * Holding:**
 * The court ruled that the Cleveland Board of Education had denied Loudermill of his due process rights prior to his dismissal.


 * Rationale:**
 * Under the Ohio law of civil servants "classified civil servants can be terminated only for cause, and they may obtain administrative review if discharged."
 * Even if Loudermill was dismissed for reasons of cause (dishonesty) he has the right to notification and a hearing.


 * Case name and Citation:**
 * //White v. South Park Independent School District//, 693 F.2d 1163 (1982)
 * U.S. District Court of Appeals (5th Circuit)
 * Facts:**
 * This is a case between White (a non-tenured former coach and teacher) and the South Park Independent School District (Texas). In this case, White filed a suit claiming that his rights under the First Amendment and 14th Amendment had been violated. White claimed that his due process rights were violated when he wasn’t given a hearing when he was only allowed one year on his contract.
 * Jack White had been employed by the school for six years, however he was non-tenured. The Athletic director gave an evaluation noting inadequacy (for his coaching duties). White was offered a one year contract with the school.
 * White met with the Athletic director, where White supposedly threatened to kill him. White instigated another argument, this time resulting in a meeting which included White (the plaintiff), the principal, assistant coach, & the athletic director. White supposedly threatens to kill them.
 * The Superintendent gave White written notice that charges were being held against him and he recommends him for termination. White was also given hearing before the school board. This means that White was provided with his minimum due process rights.
 * Since White was a non-tenured teacher, if he was not renewed the school did not have to give him any reasons as to the reasons for their decision of non-renewal. However, since White was dismissed he was entitled to due process (notice of charges and the opportunity for a hearing).
 * District Court Ruling: Awarded attorneys’ fees to the plaintiff. Court ruled there were no constitutional violations (both under the First Amendment and the 14th Amendment). There was no violation of //property interest// (White was a non-tenured teacher, and therefore the school board was not required to give White a hearing about the one-year employment).

**Issue:**

 * Did the school board deny White his First Amendment rights and 14th Amendment rights (due process) regarding his dismissal from South Park Independent School District?


 * Holding:**
 * The school board did not violate White’s First Amendment rights and 14th Amendment rights (due process) regarding his dismissal.
 * No violation of Property Interest


 * Rationale:**
 * “White was given the minimum due process as given in //Ferguson v. Thomas//“(1167). White was given the due process rights of written notice of the charges against him and the opportunity for a hearing.


 * Case name and Citation:**
 * //Robinson v. Jefferson County Board of Education//, 485 F.2d 1381 (1973)
 * U.S. Court of Appeals (5th District)
 * U.S. Court of Appeals (5th District)


 * Facts:**
 * A Non-tenured, first year teacher filed a law suit claiming violation of due process rights (the failure to provide a hearing) regarding the county’s decision not to renew her contract. She claimed that her property interest (her continued employment) was being constitutionally disregarded.
 * The teacher was even given reasons as board of education’s decision not to renew her contract. These reasons included: Use of profanity in class; Inefficiency and incompetency; Inability to relate to her students.
 * Usually, in regards to a non-renewal for a non-tenured teacher, the teacher does not need to be given reasons as to the reason that a teacher’s contract was not renewed.
 * Lower court (District Court): gave defendant a summary judgment for the claims of denying right to a hearing under the 14th Amendment. District judge ruled that there were no violations of 14th Amendment.


 * Issue:**
 * Did the board of education violate the plaintiff’s constitutional rights under the Fourteenth Amendment (due process rights and a “property interest” and “liberty interest”)?


 * Holding:**
 * As a non-tenured teacher, the board of education did not violate her constitutional rights under the Fourteenth Amendment.
 * The teacher (Robinson) did not have any property interest
 * Robinson did not have any liberty interest


 * Rationale:**
 * The court reasoned that under Alabama law, “a non-tenured teacher does not have a right to be re-employed absent sufficient cause to refuse re-employment.” This means that because of her non-tenured status, “she did not have any rights to refuse the school’s offer for reemployment; therefore, she has no rights to be renewed” (Janet Rumple).
 * “Alabama state law does not give a non-tenured teacher the right to expect a job after the first year is completed (property interest)” (Janet Rumple). Therefore, there was no violation of property interest rights and a hearing would have been unnecessary.
 * Even though Robinson might have difficulty finding employment, her difficulties were not too extreme to violate her liberty interest rights.


 * Interesting Fact:**
 * The teacher (Robinson) represented herself in court (she was both the witness and a prosecutor). The trial judge found her performance in the court house so good that it led him to “suggest that she might prefer the practice of law rather than returning to teaching.”

=Links to current Events:= http://www.heraldnet.com/article/20080411/NEWS01/245000662/0/www.warmbeach.com

http://www.insidehighered.com/news/2008/04/14/yoo