For this assignment the process for handling legal issues and procedures in my school system is described. For this situation a teacher who has been teaching in the school for six years is now performing unsatisfactorily. She is disorganized and students are bored and not wanting to come to school. Students and parents are complaining. An improvement plan had no effect on her performance. Principal-observations of the teacher have confirmed these complaints. The legal process for the district must be consulted regarding termination of the teacher.
When dismissing an incompetent teacher, standards of competence must be considered. The courts have defined areas in which unsatisfactory performance could be grounds for dismissal to include subject matter, teaching methods, effects on pupils, and personal attitudes. To dismiss a tenured teacher multiple sources of failure must be noted in addition to legal grounds such as neglect of duty, unbecoming conduct, or other just cause. Termination is usually based on a persistent pattern of mistakes and failures rather than one mistake.
Steps to take in the identification and dismissing of incompetent teachers include administrator publishing of reasonable criteria regarding teacher performance. This criteria can provide a legal basis for dismissal. Next the administrator must develop a process to determine if the teacher is adequately satisfying the criteria. The principal should next work with the teacher to determine goals and strategies to improve performance. Future behavior is then monitored and measured according to the observations with scheduled evaluations and feedback for the teacher.
If these remediation efforts fail, adequate preparation for hearings must take place and this involves the principal, superintendent, Executive Director, and all concerned parties. Teachers need to be notified regarding the recommendation for termination. To insure a fair hear...