School Law for Teachers Teacher Discipline in Pennsylvania

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School Law forTeachersTeacher Discipline in
Pennsylvania

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Overview

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

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Types of discipline

• Dismissal
• Non-renewal
• Suspension
• Reprimand/Warning
• Fine

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Dismissal

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

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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
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Incompetence

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

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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.
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Effective evaluationpreparation

• Set standards
• Observe on several occasions
  
  
• Document

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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

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Immorality (Misconduct)

• Proof of misconduct
• Misconduct must have a nexus or connection to
  teaching
  

School Computer
Naughty-naughty.com
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Before the investigation

• Is it necessary?
• If so, follow district policy
  
  
• Set priorities

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POL
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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 tips

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

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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

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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

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Unsatisfactory teaching performance
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Intemperance

• Intemperance is a loss of self-control or
  self-restraint, which may result from excessive
  conduct.

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Cruelty

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

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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).

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Willful neglect of duties

• Physical/mental disability
• Un-American or subversive activities
• Conviction of a felony

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Physical/mental disability
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Un-American or subversive activities
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Conviction of a felony
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Minimum due process for dismissal

• Notice
• Hearing
• Decision based on the evidence

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Pre-disciplinary meetingsWhen?

• Dismissal
• Demotion
• Suspension
• Significant alteration of duties or
• assignment
• Letter of reprimand
• Denial of salary increase

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Notice

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

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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

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Post-meeting procedures

• If more complicated
  further investigation
  
• If more serious
  further investigation
  
• If proposed discipline is warranted take action
  
  

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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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Non-renewal

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

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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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