School Law for Teachers

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School Law forTeachers
Teacher Discipline in PA

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Objectives
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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.

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Types of discipline

• Reprimand/Warning
• Suspension w/out pay
• Non-renewal
• Dismissal

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Dismissal

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

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General Areas of Discipline

• Incompetence
• Insubordination
• Misconduct
• Physical/mental inability

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• 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?

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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
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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

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Incompetence
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Incompetence - Generally

• Poor work performance
• Lack of ability
• Lack of legal qualifications
• Unfit to discharge required duties

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Incompetence

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

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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

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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

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Unsatisfactory teaching performance
(incompetence)

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

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• How is incompetence different from unsatisfactory
  teaching performance?

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Insubordination

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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

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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.

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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

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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

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Willful neglect of duties(insubordination)

• Failure to perform some obligation the person
  knew he/she was to perform
• May be a single incident.

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Misconduct

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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.
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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.

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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.

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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.

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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.

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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
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Physical or Mental Disability
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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.

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

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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.

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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.
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Effective evaluationpreparation in place

• Set standards
• Observe on several occasions
  
• Document

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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

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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

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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

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Written Notice

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

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Pre-disciplinary meetings required when

• Suspension with/without pay
• Significant alteration of duties or
• reassignment
• Letter of reprimand
• Denial of salary increase
• Demotion
• Dismissal

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Usual Sequence of Discipline
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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

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Post-meeting procedures

• If more complicated
  further investigation
• If more serious
  further investigation
• If proposed discipline is warranted action must
  be taken by board

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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

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• 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?

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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.

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Reduction in force

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

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School Law for Teachers
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Before the investigation

• Decide-Is it necessary?
• Strictly follow district policy
  
• Set priorities

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Interviewing witnesses

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

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Investigation Musts

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