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School Law for Teachers Teacher Discipline in Pennsylvania

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Title: School Law for Teachers Teacher Discipline in Pennsylvania


1
School Law forTeachersTeacher Discipline in
Pennsylvania

2
Overview
  • Nationally, discipline of public employees is
    governed by state law
  • However, there are some general guiding principles

3
Types of discipline
  • Dismissal
  • Non-renewal
  • Suspension
  • Reprimand/Warning
  • Fine

4
Dismissal
  • Termination of contract during its term
  • State laws set forth reasons for dismissal and
    hearing procedures PA (1996)

X
5
Reasons for dismissal in PA
  • Incompetence
  • Immorality (Misconduct)
  • Willful/persistent violation of failure to comply
    with laws, policy and directives
    (Insubordination)
  • Unsatisfactory teaching performance
  • Intemperance
  • Cruelty
  • Persistent negligence
  • Willful neglect of duties
  • Physical/mental disability
  • Un-American or subversive activities
  • Conviction of a felony

Act 16 of 1996
Spell-ing
6
Incompetence
  • Poor work performance
  • Lack of ability
  • Lack of legal qualifications
  • Unfit to discharge required duties

7
Your claim is only as good as your evaluation
procedures
I will observe one of your classes once during
the year -- times and dates to be posted.
8
Effective evaluationpreparation
  • Set standards
  • Observe on several occasions

  • Document

9
Effective evaluation practices
  • 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

10
Immorality (Misconduct)
  • Proof of misconduct
  • Misconduct must have a nexus or connection to
    teaching

School Computer
Naughty-naughty.com
11
Before the investigation
  • Is it necessary?
  • If so, follow district policy

  • Set priorities

ICY
POL
12
Interviewing witnesses
  • Ask questions moving from general to specific
  • Avoid leading questions
  • Get objective or written confirmation
  • Interview the accused early on

13
Investigation tips
  • Protect and assist those interviewed
  • Consider suspension during investigation
  • Document everything

14
Willful/persistent violation of failure to comply
with laws, policy and directives (Insubordination)
  • Willful disregard or disobedience of reasonable
    school regulations and official orders
  • Repeated incidents of minor violations
  • Single egregious violation

15
Factors 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

16
Unsatisfactory teaching performance
17
Intemperance
  • Intemperance is a loss of self-control or
    self-restraint, which may result from excessive
    conduct.

18
Cruelty
  • Cruelty is the intentional, malicious and
    unnecessary infliction of physical or
    psychological pain upon living creatures,
    particularly human beings.

19
Persistent negligence
  • 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).

20
Willful neglect of duties
  • Physical/mental disability
  • Un-American or subversive activities
  • Conviction of a felony

21
Physical/mental disability
22
Un-American or subversive activities
23
Conviction of a felony
24
Minimum due process for dismissal
  • Notice
  • Hearing
  • Decision based on the evidence

25
Pre-disciplinary meetingsWhen?
  • Dismissal
  • Demotion
  • Suspension
  • Significant alteration of duties or
  • assignment
  • Letter of reprimand
  • Denial of salary increase

26
Notice
  • Written notice of meeting should state
  • Allegations
  • Range of possible
  • disciplinary actions
  • Summary of information
  • Opportunity to dispute

27
Meeting procedures
  • Re-state allegations
  • Summarize information
  • Listen to employees side of the story
  • Explain rationale for possible discipline
  • Invite employee to respond to the forms
  • of discipline possible

28
Post-meeting procedures
  • If more complicated
    further investigation
  • If more serious
    further investigation
  • If proposed discipline is warranted take action


29
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

30
Non-renewal
  • Proper and timely notice MUST be given
  • Strictly adhere to requirements set forth in
    statute and/or contract

31
Reduction in force
  • Release of employee for reasons not related to
    the employee
  • Reasons
  • declining enrollment
  • financial exigency
  • school district consolidation
  • program discontinuance

32
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