ERIC Number: ED247641
Record Type: RIE
Publication Date: 1984-Apr-2
What You Ought to Know about Termination and Due Process.
This speech reviews the power of school boards with respect to dismissal, and identifies implications of due process for supervision and evaluation, particularly as it relates to incompetence as a basis for dismissal. The first section defines the state-sanctioned powers of a school board, including the difference between discretionary and ministerial acts, open and closed meetings, and statutory or locally established rules of procedure. The second section defines the key legal terms in cases of dismissal: substantive and procedural due process, property interest, and liberty interest. Eight Supreme Court guidelines for procedural due process are provided. The third section, on implications of due process for supervision and evaluation, lists general categories of teaching behaviors which might constitute incompetency: teaching methods, effects on pupils, teacher's personal attitude, and knowledge of subject matter. Fairness in the supervisory process requires that teachers have (1) knowledge of expected standards of performance, (2) opportunity for constructive criticism, (3) opportunity to improve, and (4) time to improve. Adequate documentation is essential throughout the supervision and evaluation process. The final section provides advice for termination hearings, and two appendixes are included: (1) a sample agenda for a contract cancellation hearing, and (2) a sample notification of termination. (TE)
Publication Type: Speeches/Meeting Papers; Opinion Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National School Boards Association (Houston, TX, March 31-April 3, 1984).