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Q: Teacher discipline ( Answered,   2 Comments )
Question  
Subject: Teacher discipline
Category: Reference, Education and News > Teaching and Research
Asked by: jk45-ga
List Price: $9.50
Posted: 23 Mar 2003 01:41 PST
Expires: 22 Apr 2003 02:41 PDT
Question ID: 179820
How and by whom can I get a Illinois teacher in a private Lutheran
school either disciplined or removed?
Answer  
Subject: Re: Teacher discipline
Answered By: jeanwil-ga on 23 Mar 2003 11:01 PST
 
Hi jk45-ga,

Here are some information for you to view along with websites.

"Superintendent". - The chief administrative officer of any school
district;
http://legisweb.state.wy.us/statutes/titles/title21/c07a01.htm
Employee Discipline

"Teachers (tenured or non tenured) in public schools may be
disciplined or dismissed for such causes as incompetency,
insubordination, immorality, justifiable decrease in the number of
teaching positions, financial exigency and for other good and just
cause...........In the private school system, employees do not have
the constitutional right to due process.  However, it is in the best
interest of a school to use fundamental fairness in procedures
involving employee discipline: and if the contract stipulates
disciplinary procedures, they must be followed in every detail....."
http://www.soencouragement.org/School%20Law%20Short%20Paper%20web.pdf

Illinois Association of School Boards
http://www.iasb.com/files/email.htm

Contact a lawyer: Mr  J Todd Faulkner
"He serves as general counsel to many of the firm’s school district
clients and has written a number of pieces on education law, some of
which include: Formal Dismissal Procedures Under Illinois Teacher
Tenure Laws, published by the Illinois Association of School Boards,
and newsletters for the Illinois State Bar Association and the
Illinois Association of School Boards..."
http://www.nlfpc.com/attorneys/bios/faulkner.html

The Illinois Experience
"In 1975, the Illinois Legislature passed Article 24-12 of the
Illinois School Code that created the hearing officer procedure and
due process to be followed when dismissing a tenured teacher. This was
followed in 1985 by the passage of Article 24A of the Illinois School
Code that addressed the relationship between evaluation, remediation,
and dismissal. Article 24A also stated requirements for remediation of
unsatisfactory teaching performance. The latest attempt of the
Illinois Legislature to address these concerns was in December 1997,
when the length of time needed to be granted tenure was changed from
two years to four years, requirement of mandatory professional
development to maintain certification, and a shorter period of time
allowed for remediation were added to the Illinois School
Code..........
In studying the history of tenured teacher dismissal in Illinois three
distinct eras emerge. Up to 1975, Boards of Education enjoyed final
authority to dismiss tenured teachers without a mandated hearing
procedure.
In 1975 Hearing Officers became a source for appeal by tenured
teachers who were dismissed as a result of the passage of Article
24-12 of the School Code.
The 1985 School Reform Act amended the School Code and many earlier
reforms by providing a uniform framework throughout the state
governing teacher evaluation, tenured teacher remediation, and teacher
dismissal for unsatisfactory teaching performance by including Article
24A of the Illinois School Code, which added specificity to evaluation
and remediation of tenured teachers.
Prior to 1975, Illinois Boards of Education enjoyed final
administrative authority to dismiss tenured teachers. Teachers who
believed that their dismissal was for reasons other than those
delineated in 105 ILCS 10 - 22.4 of the Illinois School Code were able
to appeal to the Illinois Circuit Court.
In 1975, the Illinois General Assembly amended the dismissal process
by adding an administrative hearing as part of the Illinois Compiled
Statutes -- 105 ILCS 5/24-12 (Illinois School Code), this hearing
could be requested by the teacher being dismissed. Article 24-12,
along with 105 ILCS 5/10-22.4, are the two articles of the School Code
that govern dismissal of tenured teachers. Article 24-12 gives the due
process and procedural guidelines that must be followed in dismissing
tenured teachers. According to Article 24-12 there are two reasons a
tenured teacher to be dismissed. First, is if there is a reduction in
force in the district (RIF), which is an honorable discharge. Second,
is for cause:
‘ … the board must first approve a motion containing specific charges
by a majority vote of all its members. Written notice of such charges
shall be served upon the teacher within 5 days of the adoption of the
motion. Such notice shall contain a bill of particulars. No hearing
upon the charges is required unless the teacher within 10 days after
receiving notice requests in writing of the board that a hearing be
scheduled …’ (105 ILCS 5/24-12).
Six Stated Reasons for Dismissal
Article 10-22.4 cites the reasons for which a teacher can be
dismissed. According to Article 10-22.4, there are six stated reasons
for a teacher to be dismissed.
‘To dismiss a teacher for incompetence, cruelty, negligence,
immorality, or other sufficient cause, to dismiss any teacher who
fails to complete a 1-year remediation plan with a satisfactory or
better rating and to dismiss any teacher whenever in its opinion, he
is not qualified to teach, or whenever, in its opinion, the interests
of the schools require it, subject, however, to the provisions of
Sections 24-10 to 24-15 inclusive’ (105 ILCS 5/10-22.4).
These reasons can be broken down into two broad categories. The broad
categories are teaching behaviors identified through the teacher
evaluation process and non-teaching behaviors. Article 24-12 does not
define for us the issue of remediability. It simply refers to the
reasons for the dismissal being remediable or irremediable. The terms
and conditions of remediation were not legislatively addressed until
ten years later when Article 24A was passed by the legislature. The
matter of remediability versus irremediability was clarified by the
courts in the Gilliland case where a two-part test was the result of
the decision from the 1977 case heard by the Illinois Supreme Court.
The first part being ‘was damage done to the students, school, faculty
that could not be undone?’ The second part being ‘could the behavior
resulting in that damage have been corrected as a result of being
notified that it was not satisfactory?’ (Gilliland v. Board of
Education of Pleasantview Consolidated School District No. 622 of
Tazwell County 67 Ill.2d 143, 8 Ill. Dec. 84, 365 N.E. 2d 322, 1977) A
frequent issue that has been addressed in dismissal cases since 1977
has been to determine whether the behavior was remediable by applying
the Gilliland two-part test.
The third era began as a result of one of the provisions of the school
reform legislation enacted by the Illinois General Assembly in 1985. A
new Article governing teacher evaluation, remediation, and dismissal
based upon unsatisfactory teaching performance became a part of the
School Code -- 105 ILCS 5/24A. The issue of remediation of
unsatisfactory teaching and a mandatory process for allowing teachers
the time and support to improve their performance before facing
dismissal was an integral part of this new legislation for those
teachers facing dismissal due to teaching related deficiencies. The
purpose of Article 24A
‘is to improve the educational services of the elementary and
secondary public schools of Illinois by requiring that all certified
school district employees be evaluated on a periodic basis and that
the evaluations result in remedial action being taken when deemed
necessary.’........."
http://www.icponline.org/feature_articles/f8_00.htm


License Suspension/Revocation Actions
http://www.ncpublicschools.org/legal/revoke.html

Disciplinary Process
Teacher Dismissal
Due Process

"N.C. Gen. Stat.  115C-325 specifies the reasons for which career
teachers may be dismissed and the procedures that must be followed in
a dismissal. These reasons and procedures also apply to the dismissal
of a probationary teacher during the school year and to a contract
administrator during the term of the contract. The employee has the
right to a hearing before a case manager <CMResources.html>, or may
request an immediate hearing before the school board.
The process for dismissing employees under N.C. Gen. Stat.  115C-325
involves a number of specific timelines <times.html> that personnel
offices and superintendents must be aware of."
http://www.ncpublicschools.org/legal/discipline.html

Teacher Dismissal Survey 
http://www.aft.org/research/reports/tenure/aftsrvy.htm

13202. Teacher dismissal
http://janus.state.me.us/legis/statutes/20-A/title20-Asec13202.html

Sec. 2. Section 15-539, Arizona Revised Statutes, is amended to read:
15-539  <http://www.azleg.state.az.us/ars/15/539.htm>. Dismissal of
certificated teacher; due process; written charges; notice; hearing on
request
"Upon a written statement of charges presented by the superintendent,
charging that there exists cause for the suspension without pay for a
period of time greater than ten school days or dismissal of a
certificated teacher of the district, the governing board shall,
except as otherwise provided in this article, give notice to the
teacher of its intention to suspend without pay or dismiss the teacher
at the expiration of thirty days from the date of the service of the
notice...."
http://www.azleg.state.az.us/legtext/43leg/2r/laws/0169.htm

Teacher dismissal
http://www.pps.k12.or.us/directives-c/pol-reg/5/20/130_P.pdf

suspension and dismissal of professional staff member
http://www.nlsd.ab.ca/G/Gcpd.pdf

P4219 TEACHER DISMISSAL
"Principals have the delegated responsibility for initiating
administrative action related to the dismissal of assigned teachers.
Classroom instruction and welfare of children are to be primary
considerations in recommending to the Personnel Services Division the
retention or dismissal of a teacher. Principals have a responsibility
to teachers in assuring the observance of their legal and professional
rights as employees of the school district and to encourage teachers
to exercise these rights.
Administrative Implemental Procedures:
1. Precautions are taken to assure that proper evaluative procedures
have been followed.
2. Supportive data are maintained for recommendations.
3. Appropriate conferences are held at various administrative levels
in an effort to resolve the problem(s).
4. Give reasonable opportunity for improvement prior to making a
recommendation for termination or for nonrenewal of a teacher’s
contract.
5. Observe statutory requirements applicable to termination
proceeding.
6. An assistant superintedent or principal may initiate a
recommendation for dismissal outside of the regular procedural
policies if such dismissal is in the best interest of the pupils
and/or the school system in accordance with statutes and Board policy"
http://www.usd259.com/policies/4219.html

Professional teacher status and dismissal rights
"As a result of the Education Reform Act of 1993, the "tenure law" --
also known as the "fair dismissal law" -- was replaced with a statute
saying that teachers who have completed three years of service in a
district have "professional teacher status" and are entitled to the
dismissal rights spelled out in the Education Reform Act. A
superintendent, or a principal who has the approval of the
superintendent, may dismiss a teacher with fewer than three years'
service at the end of the school year, and that teacher has no right
to appeal.
However, a teacher with professional teacher status does have the
right to appeal, as well as these rights:
Teachers can only be dismissed for "inefficiency, incompetency,
incapacity, conduct unbecoming a teacher, insubordination, or failure
on the part of the teacher to satisfy teacher performance standards"
developed pursuant to the law, "or other just cause."
The teacher must be given written notice of the intent to dismiss, as
well as an explanation of the reasons for the dismissal, with
supporting documentation.
The teacher may request a meeting with the principal and/or
superintendent within 10 school days after notice of intent to
dismiss. At that meeting, the teacher may be represented and may
present information. If, after that meeting, the intent to dismiss
becomes a decision to dismiss, the teacher may request arbitration of
the decision. The burden of proof in the arbitration proceeding is on
the school district. The arbitrator can award reinstatement, lost pay,
benefits and other relief...."
http://www.massteacher.org/career/new_members/pd/your_rights.cfm

Articles to read
Double Duty
http://www.nea.org/columns/bc000312.html

Tempe Union approves intent to dismiss Desert Vista teacher
http://www.ahwatukee.com/afn/education/articles/030319b.html

"Public school teachers in most states are covered by fair dismissal
laws, often referred to as "tenure." Although not as strong as the job
protections enjoyed by university faculty, tenure provides tremendous
job security. A district that wants to fire a tenured teacher must
typically undergo a lengthy process of hearings and appeals. One
purpose of tenure laws is to protect teachers from being dismissed
because of political or personal views. Opponents, however, argue that
tenure makes it difficult for districts to fire unqualified
teachers......"
http://www.nationalissues.com/education/teacher_issues/tenure.html

CONCERNING TEACHER DISMISSAL
"Procedure for dismissal  judicial review. (2) The chief
administrative officer of the employing school district may recommend
that the board dismiss a teacher based upon one or more of the grounds
stated in section 2263301. If such a recommendation is made to the
board, such teacher, THE CHIEF ADMINISTRATIVE OFFICER, within seven
THREE days after the board meeting at which the recommendation is
made, shall be given MAIL a written notice of intent to dismiss TO THE
TEACHER. The notice of intent to dismiss shall include a copy of the
reasons for dismissal, a copy of this article, and all exhibits which
the chief administrative officer intends to submit in support of his
OR HER prima facie case against the teacher including a list of
witnesses to be called by the chief administrative officer, addresses
and telephone numbers of the witnesses, and all pertinent
documentation in the possession of the chief administrative officer
relative to the circumstances surrounding the charges. Additional
witnesses and exhibits in support of the chief administrative
officer's prima facie case may not be added at a later date except on
a showing of good cause BE ADDED AS PROVIDED IN SUBSECTION (6) OF THIS
SECTION. The notice and copy of the charges shall be sent by certified
mail to said teacher at his OR HER address last known to the secretary
of the board. The notice shall advise the teacher of his OR HER rights
and the procedures under this section..."
http://www.state.co.us/gov_dir/leg_dir/sess1998/hbills98/hb1090.htm

Dismissing Incompetent Teachers
http://www.exit109.com/~learn/dismiss.htm

SUSPENSION, TERMINATION AND NON-RENEWAL OF CONTRACT
http://www.gea-ut.org/Pro%20agree/19.htm

Hope this helps.

Best regards,

jeanwil-ga

search words 'dismissal of private teacher' private teacher dismissal
in Illinois' etc
Comments  
Subject: Re: Teacher discipline
From: pwi_pwii-ga on 23 Mar 2003 02:37 PST
 
As a teacher on the island of Guam, having taught in both the public
and school system, I am aware that the most important question
regarding your question is: Why?  What did this teacher do?  If it is
illegal, of course they may find themselves removed to a classroom
with bars. Make a police report or talk to a lawyer. If it is
ethical/moral, then the first thing you should do is report the
incident to the principal/priest of the school.  If that is the case
and the school does nothing then you might advance the issue with the
local Lutheran Church leadership eventually you could take it to their
district, then regional, and then national leadership.  However, again
if it is not criminal you may either want to remove your child from
the class or perhaps the school altogether.  Hope this helps.
huber
Subject: Re: Teacher discipline
From: pwi_pwii-ga on 23 Mar 2003 02:38 PST
 
should have read:   both public and private school systems
sorry

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