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School Law for Teachers

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Title: School Law for Teachers


1
School Law forTeachers
Teacher Discipline in PA

2
Objectives
3
Overview
  • Nationally, discipline of public employees is
    governed by state law.
  • There are few Constitutional issues when due
    process if followed.
  • PAs law was amended in 1996.

4
Types of discipline
  • Reprimand/Warning
  • Suspension w/out pay
  • Non-renewal
  • Dismissal

5
Dismissal
  • Termination of contract during its term
  • Act 16 of 1996 sets forth reasons for dismissal
    and hearing procedures in Pennsylvania.

X
6
General Areas of Discipline
  • Incompetence
  • Insubordination
  • Misconduct
  • Physical/mental inability

7
  • What are four types of discipline available to a
    school district?
  • What are the three general areas for which
    discipline is used?
  • What law governs dismissal in Pennsylvania?

8
Reasons for Dismissal in PA
Act 16 of 1996
  • Incompetence
  • Immorality (misconduct)
  • Willful/persistent violation of failure to comply
    with laws, policy and directives
    (insubordination)
  • Unsatisfactory teaching performance
  • Intemperance

Spell-ing
9
Reasons for Dismissal in PA
  • Cruelty
  • Persistent negligence
  • Willful neglect of duties
  • Physical/mental disability
  • Un-American or subversive activities
  • Conviction of a felony
  • Drug possession and dealing

10
Incompetence
11
Incompetence - Generally
  • Poor work performance
  • Lack of ability
  • Lack of legal qualifications
  • Unfit to discharge required duties

12
Incompetence
  • Pattern over time no single incident
  • Notice of what to improve
  • Methods to use to improve
  • Time to improve (4 months)

13
Incompetence in PA
  • Having insufficient knowledge, ability, or desire
    to teach according to proper methodology or
    being deficient in personality, composure,
    judgment, or attitude
  • Failure to maintain proper relationship with
    students
  • Lack of classroom control
  • Deficient content and quality of required reports
  • Failure to give sufficient or proper tests

14
Incompetence - continued
  • Deficient lesson plans
  • Inability to motivate students
  • Failure to maintain good working relationship
    with clerical and teaching staffs
  • Failure to maintain proper teaching pace
  • Inability to respond appropriately to situations
  • Use of poor English

15
Unsatisfactory teaching performance
(incompetence)

Having insufficient knowledge or skills necessary
to teach according to proper methodology. Determi
ned by observation.

16
  • How is incompetence different from unsatisfactory
    teaching performance?

17
Insubordination

18
PERSISTENT AND WILLFUL VIOLATION OF OR FAILURE
TO COMPLY WITH SCHOOL LAWS OF THE COMMONWEALTH
(insubordination)
  • Willful disregard or disobedience of reasonable
    school regulations and official orders
  • Failure to conform to some school law,
    regulation, policy, and/or directive known to the
    person.
  • Repeated incidents of minor violations
  • Single egregious violation

19
Persistent negligence (insubordination)
  • Negligence is continuing or persistent actions or
    omissions in violation of a duty.
  • Duty. A duty may be established by law, by duly
    promulgated school rules or procedures, by
    express direction from superiors or by duties of
    professional responsibility, including duties
    prescribed by Chapter 235 (relating to Code of
    Professional Practice and Conduct for Educators).
  • Usually a pattern.

20
Persistent negligence
  • Unexcused failure to be present during scheduled
    work hours and/or failure to perform,
    responsibilities of position. (Includes
    "abandonment of position.')
  •  Disregard of pupil disciplinary policy
  • Failure to attend meeting
  • Failure to comply with student testing and record
    keeping requirements
  • Repeated lateness or excessive absenteeism

21
Persistent negligence
  • Failure to provide excuse for illness or
    disability
  • Improper release of students from class
  • Failure to prepare or file lesson plan
  • Refusal to comply with superior's directive
  • Teaching improper subject
  • Failure to maintain proper classroom temperature
    settings

22
Willful neglect of duties(insubordination)
  • Failure to perform some obligation the person
    knew he/she was to perform
  • May be a single incident.

23
Misconduct

24
Un-American or subversive activities(misconduct)
Little case law in this area. Best guess is that
it would have to involve actual overt activities
beyond speech that would provide a
preponderance of proof of subversion.
25
Conviction of a felony (misconduct)
  • Conviction of any of a series of crimes such as
  • Homicide, aggravated assault, kidnapping, rape,
    indecent assault, prostitution, corruption of
    minors, sexual abuse of children, endangering the
    welfare of children, dealing in children.

26
Intemperance (misconduct)
  • Intemperance is a loss of self-control or
    self-restraint, which may result from excessive
  • Failure to exercise (adequate) self-control
  • Once or in a series of incidents.

27
Drug Possession or Dealing(misconduct)
  • School district employees who are convicted of
    delivery of or possession of a controlled
    substance with the intent to deliver, shall be
    terminated from their employment.
  • 24 P.S.Code 527(a) P.L. 233, No.64 and 41
    U.S.C. 701 et. seq.

28
Cruelty (misconduct)
  • Cruelty is the intentional, malicious and
    unnecessary infliction of physical or
    psychological pain upon living creatures,
    particularly human beings.
  • Intentional (and malicious) or unnecessary
    infliction of pain upon another's body or
    emotions
  • Once or in a series of incidents.

29
Immorality (misconduct)
  • One, or a series of, incident(s) which offends
    community morals or is a bad example.
  • Proof of misconduct
  • Misconduct does not need nexus or connection to
    teaching

School Computer
Naughty-naughty.com
30
Physical or Mental Disability
31
Physical/mental disability
  • Any failure, after the school has made lawful
    accommodations for his condition, to be able to
    function within the expected parameters due to
    medically documented limitations.

32
  • Which discipline/dismissal charges fit under
    misconduct?
  • How is mental/physical inability different from
    all of the other categories?

33
The Balance
  • A teachers right to employment is always
    balanced against societys interest in educating
    its children and preventing harassment of those
    children by persons entrusted with their care.

34
An incompetency claim is only as good as the
evaluation procedures
I will observe one of your classes once during
the year -- times and dates to be posted.
35
Effective evaluationpreparation in place
  • Set standards
  • Observe on several occasions
  • Document

36
Effective evaluation practices
  • Administration should/must
  • Provide candid written evaluations
  • Include specific directives for improvement
  • Give notice of consequences
  • Avoid personal attacks
  • Meet face-to-face
  • Give copy of written evaluation to teacher
  • Follow-up on deficiencies

37
Factors for a Board to consider
  • Proof of conduct
  • Proof of applicable rule or directive
  • No discriminatory enforcement
  • Reasonable rule or order
  • Any resulting harm
  • Teachers attempt to comply
  • Proportionate punishment

38
Minimum due process
  • Detailed written notice of charges
  • Prehearing meeting
  • Hearing (within 10-15 days) with decision based
    on the evidence but not at beyond a reasonable
    doubt standard
  • Right to appeal

39
Written Notice
  • Written notice of any meeting should state
  • Allegations rules violated
  • Range of possible
  • disciplinary actions
  • Summary of information
  • Opportunity to dispute

40
Pre-disciplinary meetings required when
  • Suspension with/without pay
  • Significant alteration of duties or
  • reassignment
  • Letter of reprimand
  • Denial of salary increase
  • Demotion
  • Dismissal

41
Usual Sequence of Discipline
42
Pre-Disciplinary Meeting procedures
  • Re-state allegations/range of discipline
  • Summarize information
  • Listen to employees side of the story
  • Explain rationale for possible discipline
  • Invite employee to respond to the forms
  • of discipline possible

43
Post-meeting procedures
  • If more complicated
    further investigation
  • If more serious
    further investigation
  • If proposed discipline is warranted action must
    be taken by board

44
Letter of discipline
  • Refer to the meeting which was held
  • Summarize evidence both sides
  • Describe decision and discipline
  • to be imposed
  • Outline any other due process rights

45
  • What are the minimal due process requirements
    involved in a teacher hearing for discipline or
    dismissal?
  • What types of pre-hearing discipline may a school
    board take?

46
Non-renewal of Non-Tenured
  • Proper and timely notice MUST be given
  • Strictly adhere to requirements set forth in
    statute and/or contract
  • District does not need to tell why
  • If teacher was never hired by board or if
    teachers certificate has expired, the teacher
    has no due process rights as a teacher.

47
Reduction in force
  • Release of employee for reasons not related to
    the employee
  • Reasons
  • declining enrollment
  • financial exigency
  • school district consolidation
  • program discontinuance

48

School Law for Teachers
49
(No Transcript)
50
Before the investigation
  • Decide-Is it necessary?
  • Strictly follow district policy
  • Set priorities

ICY
POL
51
Interviewing witnesses
  • Ask questions moving from general to specific
  • Avoid leading questions
  • Get objective or written confirmation
  • Interview the accused early on

52
Investigation Musts
  • Protect and assist those interviewed
  • Consider suspension during investigation
  • Document everything
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