Nonrenewal and Dismissal

1. Nonrenewal andDismissal Page 198 - 205

2. Non Tenured Teacher • no reason has to be given for nonrenewal unless it violates “liberty or property” interest • a due process hearing can be requested (any/all statements can be used)

3. Tenured Teacher/Contract State provisions contain the grounds for dismissal • Nonperformance of duty • Incompetence • Insubordination • Conviction of crimes (involving moral turpitude) • Failure to comply • Violation of contract (provisions/local rules/reg) • Persistent failure • Refusal to maintain orderly discipline of students • Revocation of the teaching certificate

4. Hearing Process • Proper notice • Charges • Names/nature of the testimony of witness • Time and date of hearing • Compulsory process -Subpoena requiring the attendance of witness • Relevant papers/documents • Fair hearing • Opportunity for appeal

5. Public/Private School Educators • Private • Protection under Contract Law • Union Agreements • Governmental Antidiscrimination • Provisions against arbitrary dismissal • Relationship is not with a government entity are not entitled to: • constitutional guarantees • due process • equal protection Public Protection under Contract Law Union Agreements Governmental Antidiscrimination Provisions against arbitrary dismissal Relationship is with a government entity thereby it entitles teacher to : • constitutional guarantees • due process • equal protection

6. Board of Regents of State Collegesv. RothSupreme Court of The United States, 1972 Mr. Justice Stewart delivered the opinion of the Court Issue: Respondent, David Roth was hired as assist. Professor at Wisconsin State University –Oshkosh (first teaching job). He was hired for a fixed term of one academic year. The notice of appointment specified his employment term would begin September 1, 1968 to June 30, 1969. He completed his term then received a letter stating he would not be rehired for the next academic year. No tenure rights. Wisconsin state statue: Univer. Teacher tenure as perm. Employee after 4 yrs of year-to-year employment Tenure affords the entitlement to continued employment Discretion to rehire left up to university officials Some rights afforded to nontenured teacher if released prior to term Employee must be notified prior to Feb. 1 for the upcoming year

7. Board of Regents of State Colleges v. Roth Brought action in Federal District Court Challenged fourteenth amendment rights (freedom of speech for his statements about administration) and he alleged failure of University officials to give him notice of any reason for non retention and no oppor. For hearing violated his right to procedural due process law District Court granted judgment in favor of the respondent on the procedural issue – University officials were to provide him with reasons and a hearing. The Court of Appeals, 1 dissenting, affirmed this judgment- we granted certiorari for the constitutional right to a statement of reasons for the respondent to be afforded reasoning – we hold that he does not have a right.

8. Additional Cases Harrah independent School District v. Martin(79) U.S. Supreme Court upheld decision when a tenured teacher was released from service when he/she did not comply with continuing education policy (3semester hours per 3 years Stoddard v School District No. 1 (10TH Cir. 1979) Decision was not upheld . Nontenured teacher received a nonrenewal contract because of failure to maintain order/and lack of dynamics in motivating students. Private conversation between her and the principal revealed the “real” reason for nonrenewal: 1. Affair with another resident in her T.P. 2. Propensity for playing cards and not attending church regularly, 3. Her obesity – which was the lack of dynamics