ERIC Number: ED238185
Record Type: RIE
Publication Date: 1983-Sep
Reference Count: 0
Teacher Dismissal: A Summary of the Procedural Requirements.
OSSC Bulletin, v27 n1 Sep 1983
The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and teacher's right to appeal the FDAB decision to the Court of Appeals. This bulletin summarizes procedural requirements of the law, then analyzes the case law interpreting the requirements and the applicable procedures mandated by Fourteenth Amendment due process. Significant differences are identified between the procedures to which probationary and permanently employed teachers are entitled in dismissal and nonrenewal cases. Selected FDAB decisions and state court decisions are reviewed to distill the elements of proof and procedures that appear to be required to establish the statutory grounds for dismissal. The final chapter contains a summary and offers recommendations to school district administrators of ways to provide an increased element of fairness to the teacher and also to provide a supportable case if dismissal becomes inevitable. Legal citations are provided in footnotes at the end of the text. (MLF)
Descriptors: Administrator Responsibility, Board of Education Policy, Collective Bargaining, Court Litigation, Due Process, Evaluation Criteria, Hearings, Moral Values, Probationary Period, School Law, State Courts, Teacher Dismissal, Teacher Evaluation, Teacher Improvement, Teacher Rights
Publications, Oregon School Study Council, University of Oregon, 1787 Agate Street, Eugene, OR 97403 ($4.00; quantity discounts).
Publication Type: Collected Works - Serials; Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: Oregon School Study Council, Eugene.
Identifiers: Fair Dismissal Law (Oregon); Oregon