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Hiring and Firing

Hiring and Firing. Legal Thoughts to Ponder. HIRING. PAY ATTENTION TO YOUR ADVERTISEMENT DEVELOP QUESTIONS PRIOR TO THE INTERVIEW SHARE THE INTERVIEW DO THE “INFORMAL INTERVIEW” AVOID THE IMPERMISSIBLE QUESTIONS. IMPERMISSIBLE. MARITAL/FAMILY STATUS PERSONAL HISTORY

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Hiring and Firing

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  1. 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

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