Teaching Profession

Memo Urges Expedited Teacher Due Process

By Stephen Sawchuk — January 25, 2011 3 min read
  • Save to favorites
  • Print

The process for removing tenured teachers accused of crimes or malfeasance should be expedited, taking no longer than 100 days from start to finish, concludes a memorandum commissioned by the American Federation of Teachers.

Prepared by Kenneth R. Feinberg, a lawyer well known for overseeing aspects of damage payments for the 2010 BP oil spill, the proposal calls for a better screening mechanism at the district level to weed out allegations without merit. Impartial hearing examiners would hear legitimate cases and issue a binding ruling.

Though much of the proposal would rely on better documentation of evidence by districts and unions, it has implications for state legislatures, too: Many of its recommendations would probably require changes to current laws governing due process hearings.

The proposal does not address dismissal for other reasons, such as poor classroom performance.

AFT President Randi Weingarten indicated that she supports the proposal, but it won’t become a formal part of AFT policy before the union’s executive board takes it up for a vote in February. In an interview, Ms. Weingarten acknowledged that her endorsement might make some members uncomfortable.

“Some people will tell me I’m doing the wrong thing,” she said. “But the fact that there’s been an inability to have the right structures to deal with people who shouldn’t be teaching doesn’t mean we shouldn’t correct that.”

The AFT asked Mr. Feinberg to revise procedures for disciplining teachers as one piece of a larger plan to examine teacher due process. (“AFT Chief Vows to Revise Teacher-Dismissal Process,” Jan. 12, 2010.) Critics of due process rights, typically granted to teachers after three years of service, contend that the protections make teacher dismissals too costly and time-consuming.

Mr. Feinberg’s proposal says, first of all, that the criteria for dismissing teachers for malfeasance should be much more specifically defined than such terms now enshrined in state codes as “immorality,” “unprofessional conduct,” or “neglect of duty.”

The memo gives examples including, among other acts, conviction or allegation of a felony; improper use of force against students; sexual abuse or harassment; excessive absenteeism; or alcohol and drug abuse.

The new criteria would be at the heart of a two-stage process for adjudicating claims. Teachers would not lose pay during that time unless formal charges of a felony or other such crime were also filed.

At the first stage, parties alleging misconduct would bring the matter to the teacher’s principal. If the principal chose to pursue action, he would compile a detailed complaint listing the relevant facts and evidence that support the allegation. The principal then forwards the information to the superintendent, who would determine whether to dismiss the claim; resolve it with the local teachers’ union; or, if not resolved within 30 days, advance it to a formal hearing.

At the hearing stage, an examiner chosen jointly by the administration and the union would preside over the disciplinary proceedings. The examiner would render a final decision in writing within 100 days and could recommend termination as well as lesser punishments, or dismiss the charges. Delays could cost both parties fines.

As it stands now, the plan runs counter to some states’ statutes. Not all states use hearing officers in due process proceedings; several use administrative-law judges or the state board of education.

And according to Mr. Feinberg’s proposal, teachers could still appeal the hearing officer’s decisions under laws already on the books in most states.

The proposal doesn’t address other reasons for firing teachers, such as in the case of those deemed underperforming or “ineffective” on evaluations.

“The much more politically difficult question, and ultimately the most important, is what to do with teachers who are ineffective,” said Patrick J. McGuinn, an associate professor of political science and education at Drew University, in Madison, N.J.

Ms. Weingarten has said publicly that evaluation systems jointly shaped by unions and management could supply evidence for due process hearings in those instances. Her union will continue to refine the idea, she said.

Related Tags:

A version of this article appeared in the January 26, 2011 edition of Education Week as Memo Urges Expedited Teacher Due Process

Events

Artificial Intelligence K-12 Essentials Forum Big AI Questions for Schools. How They Should Respond 
Join this free virtual event to unpack some of the big questions around the use of AI in K-12 education.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Teaching Profession The Top 10 Slang Terms Teachers Never Want to Hear Again, Explained
A quick guide to student slang that teachers love to hate.
2 min read
Photo of BINGO card with buzzwords.
Education Week + Getty
Teaching Profession In Their Own Words Why This Teacher Fought Back Against a Law Curbing Teachers' Unions
A high school social studies teacher talks about why he joined the lawsuit against Wisconsin's Act 10.
7 min read
Mary Kay Baum joins hundreds of labor union members at a rally to protest collective bargaining restrictions at the Wisconsin State Capitol Building in Madison, Wis., Aug. 25, 2011. Matthew Ziebarth, a high school social studies teacher in Beaver Dam, joined a lawsuit to overturn the law.
Mary Kay Baum joins hundreds of labor union members at a rally to protest collective bargaining restrictions at the Wisconsin State Capitol Building in Madison, Wis., Aug. 25, 2011. Matthew Ziebarth, a high school social studies teacher in Beaver Dam, joined a lawsuit to overturn the law.
John Hart/Wisconsin State Journal via AP
Teaching Profession What the Research Says The Teaching Pool Isn't Diversifying As Quickly as Other Workers. Why?
Teachers used to be more diverse than their college-educated peers. New national and state data show how that's changing.
3 min read
A teacher talks with seventh graders during a lesson.
Black and Hispanic teachers are diversifying the workforce more slowly than their students or other similar professions.
Allison Shelley for All4Ed
Teaching Profession Teaching Is Hard. Why Teachers Love It Anyway
Teachers share their favorite parts of the job.
1 min read
Cheerful young ethnic, elementary school teacher gives a high five to a student before class.
SDI Productions/E+/Getty