1. Legal Thoughts to Ponder
Hiring and Firing
Legal Thoughts to Ponder

2. HIRING PAY ATTENTION TO YOUR ADVERTISEMENT
DEVELOP QUESTIONS PRIOR TO THE INTERVIEW
SHARE THE INTERVIEW
DO THE “INFORMAL INTERVIEW”
AVOID THE IMPERMISSIBLE QUESTIONS

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

4. SUPERVISION AND HELP REGULAR VISITS DOCUMENTATION WARNINGS NOTICES
OFFER OF HELP
DIFFERENCE BETWEEN SUPERVISION AND EVALUATION

5. 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”

6. 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

7. 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

8. 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

9. JUST CAUSE? OBJECTIVE, DOCUMENTED EVIDENCE TO SUPPORT?
PATTERN OF BEHAVIOR?
MORE THAN PERSONALITY CONFLICT?
RELATIONSHIP BETWEEN CONDUCT AND CLASSROOM?
VIOLATION OF RULES/POLICY?

10. REASONS FOR TERMINATION
Incompetence
Insubordination
Neglect of Duty
Incapacity*
Unprofessional Conduct
Other just cause*

11. 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

12. Insubordination: Willful Refusal
to abide by the rules
to follow directives
behavior same as incompetence but assumed to be willful

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

14. Neglect of Duty Failure to supervise, either physically or mentally
Imposition of perilous activities, situations

15. Incapacity Physical or mental inability to perform duties
Illness, medication, treatment

16. Unprofessional Conduct
Failure to behave in a manner evidencing standards of professional behavior
Usurpation of parental rights/relationship/alienation of affection

17. 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

18. 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

19. 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

20. 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

21. Recordkeeping: Teacher’s File
College transcripts
Certifications
Contract/Recommendations
Observations
Conferences
Plans for improvement
Awards, recognition
Memoranda of discipline

22. 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