Hiring and Firing

Legal Thoughts to Ponder

HIRING

PAY ATTENTION TO YOUR ADVERTISEMENT

DEVELOP QUESTIONS PRIOR TO THE INTERVIEW

SHARE THE INTERVIEW DO THE “INFORMAL INTERVIEW” AVOID THE IMPERMISSIBLE

QUESTIONS

IMPERMISSIBLE

MARITAL/FAMILY STATUS PERSONAL HISTORY INBORN CHARACTERISTICS PROTECTED AREAS ASSOCIATIONAL ACTIVITIES UNRELATED WORK/EDUCATIONAL

HISTORY

SUPERVISION AND HELP

REGULAR VISITS DOCUMENTATION WARNINGS NOTICES OFFER OF HELP DIFFERENCE BETWEEN

SUPERVISION AND EVALUATION

Regular Visits

All teachers should have both formal and informal visits during the year;

Some form of a record of those visits should be made and kept:this includes informal visits

There are many forms of “supervision”

Documentation

If you didn’t write it down, you didn’t see it, and if you didn’t see it, it didn’t happen.

Keep a written record of all meetings; record each person’s opinion and the course of action proposed.

If the union contract calls for a union rep to attend meetings, the principal may wish to have another administrator present.

Keep plan books, roll books

Warnings, Notices, Offers of Help

Written warnings should cite the problem to be solved, and a deadline date.

Offers of help need to be documented Warnings should give date of notice,

deadline, preferred outcome and consequences

ALWAYS keep your deadlines

Supervision vs. Evaluation

Supervision is for teacher growth, improvement

Anyone may supervise Only the PRINCIPAL or the CHIEF

ADMINISTRATOR may evaluate First year teachers are always probationary

JUST CAUSE?

OBJECTIVE, DOCUMENTED EVIDENCE TO SUPPORT?

PATTERN OF BEHAVIOR? MORE THAN PERSONALITY

CONFLICT? RELATIONSHIP BETWEEN CONDUCT

AND CLASSROOM? VIOLATION OF RULES/POLICY?

REASONS FOR TERMINATION

Incompetence Insubordination Neglect of Duty Incapacity* Unprofessional Conduct Other just cause*

Incompetence: Inability to Perform

Lack of knowledge of subject matter Failure to improve teaching Physical mistreatment of students Lack of cooperation Negligent conduct Violation of rules Failure to maintain discipline

Insubordination: Willful Refusal

to abide by the rules to follow directives behavior same as incompetence but

assumed to be willful

Immorality

Usually, according to local standards public knowledge Interfere with authority or effectiveness

Neglect of Duty

Failure to supervise, either physically or mentally

Imposition of perilous activities, situations

Incapacity

Physical or mental inability to perform duties

Illness, medication, treatment

Unprofessional Conduct

Failure to behave in a manner evidencing standards of professional behavior

Usurpation of parental rights/relationship/alienation of affection

Other Just Cause: “to include but not limited to:”

Violation of the tenets of morality Teaching contrary to religious/phil. doctrine Public repudiation of rel./phil. teaching Violation of academic, professional standards of

conduct Immoral/illegal conduct Imminent danger Material omission/falsification of application

Observation and Help

Supervise everyone, even veterans Document what needs to improve Document notice of consequences Require signatures/witnesses Document offers of help Document types of remediation Document Refusal of help

Be Fair

Be honest in assessments and evaluations Apply all policies equally Be prepared to give difficult information

and notification Recognize differences in background,

talents

RIF-ing/Termination/Nonrenewal

Notify the entire staff Clarify criteria: academic qualifications,

areas of teaching experience, length of service, etc.

Maintain deadlines Make every effort to reassign Have a written policy

Recordkeeping: Teacher’s File

College transcripts Certifications Contract/Recommendations Observations Conferences Plans for improvement Awards, recognition Memoranda of discipline

Some Points:

Never ask an impermissible question in the interview

Never tell an applicant why he/she was not hired

Teacher signature 1st one on contract Document, document, document Periodically review the handbook Know what’s going on