Teacher Tenure: Teacher Due Process Rights To . - Voice Of San Diego

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Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?AlabamaState legislatedAlaskaState legislatedArizonaState legislatedArkansasState legislatedWhat is theprobationaryperiod forteachers in aschool district?Threeconsecutiveschool yearsWhat are the reasons for which a teacher can bedismissed?Incompetency, insubordination, neglect of duty,immorality, failure to perform duties in a satisfactorymanner, justifiable decrease in the number of teachingpositions, other good and just cause, but not forpolitical or personal reasons [Section 16-24-8]Three full years Incompetency defined as the inability or theunintentional or intentional failure to perform theteacher's customary teaching duties in a satisfactorymanner; immorality defined as the commission of anact that, under the laws of the state, constitutes a crimeinvolving moral turpitude; or/and substantialnoncompliance with the school laws of the state, theregulations or bylaws of the department, the bylaws ofthe district, or the written rules of the superintendent[AS 14.20.170]More than theInadequate performance, unprofessional conduct,major portion of evidence of unfitness to teach, failure to comply withthreestudent disciplinary procedures, teaching sectarianconsecutivebooks or doctrine, conducting religious exercises orschool yearsfailure to comply with various statutory requirements[Ariz. Rev. Stat. § 15-539]Three years orIncompetent performance, conduct that materiallyfour years, if the interferes with the continued performance of theboard choosesteacher’s duties, repeated or material neglect of duty,to require aor other just and reasonable cause [ARK. Code § 6-17fourth year1507]1Do teachershave lifetimeemployment,once tenureis achieved?NoNoNoNo

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?Two completeconsecutiveschool yearsCaliforniaState legislatedColoradoState legislatedThree full yearsConnecticutState legislatedDelawareState legislated40 full monthsof continuousemploymentwith the sameboard ofeducationThree yearstotalemploymentWhat are the reasons for which a teacher can bedismissed?Do teachershave lifetimeemployment,once tenureis achieved?NoImmoral or unprofessional conduct, syndicalism,dishonesty, unsatisfactory performance, evidentunfitness for service, physical or mental conditionunfitting for him or her to teach children, persistentviolation of or refusal to obey the school and state lawsor regulations, conviction of a felony or crime of moralturpitude, knowing membership in the Communistparty, or alcoholism or drug abuse that makes employeeunfit to serve children[Cal. Educ. Code § 44932]Physical or mental disability, incompetency, neglect ofNoduty, immorality, unsatisfactory performance,insubordination, the conviction of a felony or theacceptance of a guilty plea, a plea of nolo contendere,or a deferred sentence for a felony, or other good andjust cause[Colo. Rev. State. § 22-63-301]Insubordination against reasonable rules, moralNomisconduct, disability shown by competent medicalevidence, other due and sufficient cause, or inefficiencyor incompetence[Conn. Gen. Stat. § 10-151 (d)]Immorality, misconduct in office, incompetency,Nodisloyalty, neglect of duty, a reduction in the number ofteachers required as a result of decreased enrollment ora decrease in education services, or willful andpersistent insubordination [Del. Code Ann. Title 14 §1411, § 1420]2

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?What are the reasons for which a teacher can bedismissed?Do teachershave lifetimeemployment,once tenureis achieved?FloridaState legislatedThree yearsJust cause, which includes but is not limited toimmorality, misconduct in office, incompetency, grossinsubordination, willful neglect of duty, or beingconvicted, found guilty, or entering a pleas of guilty ofany crime involving moral turpitude [Fla. Stat. Ann. §1012.33 (1) (a)]NoGeorgiaState legislatedThreeconsecutiveyearsIncompetency, insubordination, willful neglect of duties,immorality, inciting, encouraging or counseling studentsto violate state laws or policies, failure to secure andmaintain necessary educational training, reduction instaff due to loss of students or cancellation of programsor any other good and sufficient cause[Ga. Code. Ann 20-2-940]NoHawaiiState legislatedOne full yearInefficiency or immorality, willful violation of rules orpolicies, or for other good and just cause [Haw. Rev.Stat. § 302A-609]NoIdahoState legislatedThree full yearsJust and reasonable cause, which may include amaterial violation of any lawful rules or regulations ofthe board of trustees or of the state board of education,or any conduct that could be grounds for revocation ofa teaching certificate[Idaho Code § 33-513, § 33-515]No3

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?Fourconsecutiveschool yearsIllinoisState legislatedIndianaState legislatedFive full yearsIowaState legislatedThree full yearsKansasState legislatedThreeconsecutiveyearsKentuckyState legislatedFour full yearsLouisianaState legislatedThree yearsMaineState legislatedTwo yearsWhat are the reasons for which a teacher can bedismissed?Incompetency, cruelty, negligence, immorality, or othersufficient cause; failure to complete a one-yearremediation plan with a “satisfactory” or better rating;not qualified to teach; whenever the interests of theschools require dismissal or due to a decision of theboard to decrease the number of teachers employed bythe board, or to discontinue some particular type ofteaching service [105 Ill. Comp. Stat 5/10-22.4;5/24-12]immorality, insubordination, neglect of duty,incompetence, a justifiable decrease in the number ofteaching positions, a conviction, or other good and justcause [Code § 20-28-7-2]Just cause[Code 279-15]Good cause[72-5438, 5439, 5443][Lassiter v. Topeka Unified School District, No. 501.347F. Supp.2d 1033, D. Kan., 2004]Insubordination, immoral character or conductunbecoming a teacher; physical or mental disability;inefficiency, incompetency, or neglect[Ky. Rev. Stat. § 161.790]“Immorality, willful neglect of duty,” or on charges of“incompetency”[La. Rev. Stat. Ann. § 17:443]Just cause, found unfit to teach or deemed unprofitableby the school board[Me. Rev. Stat. Ann. Title 20A§ 13201, § 13202]4Do teachershave lifetimeemployment,once tenureis achieved?NoNoNoNoNoNoNo

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?Three full yearsMarylandState legislatedMassachusettsState legislatedThreeconsecutiveschool yearsMichiganState legislatedMinnesotaState legislatedFourconsecutiveyearsThree yearsMississippiState legislatedOne full yearMissouriState legislatedFive full yearsMontanaState legislatedFour yearsWhat are the reasons for which a teacher can bedismissed?Misconduct in office, immorality, insubordination,incompetence, or willful neglect of duty[Md. Code Ann. Educ. §6-202]Inefficiency, incompetency, incapacity, conductunbecoming a teacher, insubordination, or failure onthe part of the teacher to satisfy teacher performancestandards . . . or other just cause.[Mass. G.L.C. 71, § 42]Reasonable and just cause[Mich. Comp. Laws § 38.101]Immoral conduct, insubordination, conviction of afelony, conduct unbecoming a teacher, inefficiency,continuing physical/mental disability if unable to qualifyfor reinstatement after a medical leave, and neglect ofduty [Minn. Stat. § 1222A.40]Incompetence, neglect of duty, immoral conduct,intemperance, brutal treatment of a pupil, or othergood cause [Miss. Code Ann. § 37-9-59]Physical or mental condition unfitting to instruct orassociate with children immoral conduct;incompetency, inefficiency, or insubordination; willfulor persistent violation of or failure to obey the state’sschool laws or the district board of education’spublished regulations; excessive or unreasonableabsence; or conviction of a felony or a crime involvingmoral turpitude [ Mo. Rev. Stat. § 179.114]Good cause[Mont. Code. Ann. § 20-4-203]5Do teachershave lifetimeemployment,once tenureis achieved?NoNoNoNoNoNoNo

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?ThreeconsecutiveyearsNebraskaState legislatedNevadaState legislatedTwoconsecutiveyearsNew HampshireState legislatedThree yearsNew JerseyState legislatedThreeconsecutiveyearsWhat are the reasons for which a teacher can bedismissed?Do teachershave lifetimeemployment,once tenureis achieved?NoIncompetency, neglect of duty, unprofessional conduct,insubordination, immorality, physical or mentalincapacity, failure to give evidence of professionalgrowth, other conduct that substantially interferes withthe continued performance of duties, failure to acceptemployment, reduction in force, revocation orsuspension of license [Neb. Rev. Stat. §§79-824, 79-829]Inefficiency, immorality, unprofessional conduct,Noinsubordination, neglect of duty, unfitness for service, ajustifiable decrease in positions due to decreasedenrollment or district reorganization; inadequateperformance, evident unfitness for service; failure tocomply with reasonable requirements prescribed by thedistrict; failure to show normal improvement andprofessional growth; advocating overthrow of the state orfederal government or teaching communism toindoctrinate pupils; any cause which would be grounds forrevoking a teaching license; willful failure to carry out therequirements of the teacher licensing chapter; dishonesty ;breaching security or confidentiality of achievement orproficiency examinations; and, intentional violations of thelaw governing restraint of certain students [Nev. Rev. Stat.391.312]Failure to conform to “regulations prescribed,”No“immorality” or “unsatisfactory performance according tostandards established by the local school district”[N.H. Rev. Stat. Ann. § 189.13]Inefficiency, incapacity, conduct unbecoming or other just Nocause [N.J. Stat. Ann. § 18A-6-10]6

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?Three yearsWhat are the reasons for which a teacher can bedismissed?New MexicoState legislatedNew YorkState legislatedThreeconsecutiveyearsNorth CarolinaState legislatedFourconsecutiveyearsNorth DakotaState legislatedOne yearInsubordination, immoral character or conductunbecoming a teacher, inefficiency, incompetency,physical or mental disability, neglect of duty, or failure tomaintain certification as required by the commissioner[Educ. Law § 3014]Inadequate performance, immorality, insubordination,neglect of duty, physical or mental incapacity, habitual orexcessive use of alcohol or a controlled substance,conviction of a felony or crime involving moral turpitude,failure to fulfill the duties and responsibilities imposedupon teachers by the General Statutes, failure to complywith such reasonable requirements as the board mayprescribe, failure to maintain one’s license in a currentstatus, failure to repay money owed to the state, providingfalse information or knowingly omitting a material fact onone’s application or in response to a pre-employmentinquiry, or a justifiable decrease in the number of positionsdue to district reorganization, decreased enrollment, ordecreased funding[N.C. Gen. Stat. § 115C-325]Cause, immoral conduct, insubordination, conviction of afelony, conduct unbecoming the position held by theindividual, failure to perform contracted duties withoutjustification, gross inefficiency, or continuing physical andmental disability that renders the individual unfit or unableto perform the individuals duties[N.D. Cent. Code § 15.1-15-07]Incompetency or just cause[N.M. Stat. Ann. § 22-10A-24]7Do teachershave lifetimeemployment,once tenureis achieved?NoNoNoNo

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?Three years andhave metlicensure andservicerequirementsThree full yearsOhioState legislatedOklahomaState legislatedOregonState legislatedThreeconsecutiveyearsPennsylvaniaState legislatedThree yearsWhat are the reasons for which a teacher can bedismissed?Gross inefficiency or immorality; for willful andpersistent violations of reasonable regulations of theboard of education; or for other good and just cause[Ohio Rev. Code Ann. § 3319.16]Willful neglect of duty, repeated negligence inperformance of duty, mental, or physical abuse to achild, incompetency, instructional ineffectiveness,unsatisfactory teacher performance, commission of anact of moral turpitude, felony conviction, criminalsexual activity, sexual misconduct, or abandonment ofcontract [Okla. Stat. Ann. Title 70 § 6-101.22]Inefficiency, immorality, insubordination, neglect of duty,physical or mental incapacity, inadequate performance,”or “failure to comply with such reasonable requirementsas the board may prescribe to show normal improvementand evidence of professional training and growth, or anycause that constitutes grounds for the revocation of ateacher’s teaching license [Or. Rev. Stat. § 342.865]Immorality, incompetency, unsatisfactory teachingperformance based on two consecutive ratings of theemployee’s teaching performance as unsatisfactory,intemperance, cruelty, persistent negligence in theperformance of duties, willful neglect of duties, physical ormental disability that substantially interferes with theemployee’s ability to performance essential functions,advocating or participating in un-American or subversivedoctrines, conviction of a felony or acceptance of a guiltyplea, or persistent and willful violation of or failure tocomply with school laws. [PA. Stat. Ann. Title 24 §111122]8Do teachershave lifetimeemployment,once tenureis achieved?NoNoNoNo

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?What are the reasons for which a teacher can bedismissed?Do teachershave lifetimeemployment,once tenureis achieved?Rhode IslandState legislatedThree yearsGood and just cause[R.I. Gen. Laws § 16-13-3]NoSouth CarolinaState legislatedOne yearPersistent neglect of duty, willful violation of rules andregulations of district board of trustees, drunkenness,conviction of a violation of the law of this State or theUnited States, gross immorality, dishonesty, illegal use,sale or possession of drugs or narcotic[S.C. Code Ann. § 59-25-430]NoSouth DakotaState legislatedFour yearsJust cause,” including “breach of contract, poorperformance, incompetency, gross immorality,unprofessional conduct, insubordination, neglect of duty,or the violation of any policy or regulation of the schooldistrict”[S.D. Codified Laws § 13-43-6.1]NoTennesseeState legislatedThree yearsIncompetence, inefficiency, neglect of duty,unprofessional conduct, and insubordination[Tenn. Code Ann. § 49-5-511]No9

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?What are the reasons for which a teacher can bedismissed?Do teachershave lifetimeemployment,once tenureis achieved?TexasState legislatedOne to threeyearsGood cause (defined as failure to meet the acceptedstandards of conduct for the profession as generallyrecognized and applied throughout the state)[Tex. Educ. Code Ann. § 53-6-501]NoUtahState legislatedThreeconsecutiveyearsBehavior exhibiting unfitness for duty through immoral,unprofessional, or incompetent conduct; committing anyother violation of standards of ethical conduct,performance, or professional competence[Utah Code Ann. § 53A-8-104; §53-6-501]NoVermontState legislatedTwo yearsIncompetence, conduct unbecoming a teacher, failure toattend to duties or failure to carry out reasonable ordersand directions of the superintendent and school board[Vt. Stat. Ann. Title 6 § 1752]NoVirginiaState legislatedThree yearsIncompetency, immorality, non-compliance with schoollaws and regulations, disability as shown by competentmedical evidence when in compliance with federal law,conviction of a felony or a crime of moral turpitude, orother good and just cause[Va. Code Ann. § 22.1-307]No10

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?What is theprobationaryperiod forteachers in aschool district?What are the reasons for which a teacher can bedismissed?Do teachershave lifetimeemployment,once tenureis achieved?WashingtonState legislatedThree yearsProbable cause[Wash. Rev. Code § 28A.405.210]NoWest VirginiaState legislatedThree yearsImmorality, incompetency, cruelty, insubordination,intemperance, willful neglect of duty, unsatisfactoryperformance, conviction of a felony, or a guilty plea or aplea of nolo contendere to a felony charge[W. Va. Code § 18A-2-8]NoWisconsinNo statewide tenure law, butcontinuing contracts can belocally bargainedMost contractsrequire aprobationaryperiod of threeyears.Just cause[Wis. Stat. § 118.22] While 118.22 provides theprocedures for non-renewal or renewal of an individualcontract, the Master Contract sets the standard bywhich a district's actions will be judged.]NoWyomingState legislatedThreeconsecutiveschool yearsGood cause, including but not limited to incompetency,neglect of duty, immorality, insubordination, andunsatisfactory performance[Who. Stat. Ann. V 21-7-110]No11

Teacher Tenure: Teacher Due Process Rights to Continued EmploymentStateIs tenure (teacher due processrights to continuedemployment) state legislated orlocally bargained?District ofColumbiaLocally bargainedWhat is theprobationaryperiod forteachers in aschool district?Three yearsWhat are the reasons for which a teacher can bedismissed?Just cause[D.C.M.R. Title 5, Chapter 14, 1401.2]12Do teachershave lifetimeemployment,once tenureis achieved?No

Teacher Tenure: Teacher Due Process Rights to Continued Employment 1 State Is tenure (teacher due process rights to continued employment) state legislated or locally bargained? What is the probationary period for teachers in a school district? What are the reasons for which a teacher can be dismissed? Do teachers have lifetime employment,