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

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

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 How These Schools Use Teams to Cut Teacher Workloads
California teachers in the co-teaching pilot are reporting higher morale.
4 min read
As districts nationwide experiment with strategic staffing—an attempt to use teachers’ time in different ways to free up collaboration and reduce class size. Strategic staffing—in which schools give schedule flexibility and sometimes differentiated pay for teams of classroom educators—has gained ground in many states as a way to provide more professional development for young teachers and retain educators longer. PICTURED, Students at Whittier Elementary School work in groups and independently, Tuesday, Oct. 18, 2022 in Mesa, Ariz.
Strategic staffing—in which schools give schedule flexibility and sometimes differentiated pay for teams of classroom educators—has gained ground in many states as a way to provide more professional development for young teachers and retain educators longer. Students and teachers at Whittier Elementary School in Mesa, Ariz., work in groups and independently, Tuesday, Oct. 18, 2022.
Matt York/AP
Teaching Profession More Teachers Name Classroom Management as a Job Stress Than Low Pay
A national survey highlights ongoing work and home pressures on educators.
3 min read
Teachers follow each other in a circle during a workshop helping teachers find a balance in their curriculum while coping with stress and burnout in the classroom, on Aug. 2, 2022, in Concord, N.H. School districts around the country are starting to invest in programs aimed at address the mental health of teachers. Faced with a shortage of educators and widespread discontentment with the job, districts are hiring more therapist, holding trainings on self-care and setting up system to better respond to a teacher encountering anxiety and stress.
Teachers follow each other in a circle during a workshop helping teachers cope with stress and burnout in the classroom, on Aug. 2, 2022, in Concord, N.H. New data show that teachers continue to face high levels of stress, but many plan to stay in the profession long term.
Charles Krupa/AP
Teaching Profession Opinion We Can’t Give Up on Teacher Diversity
Many efforts to recruit Black teachers leave out a crucial element.
5 min read
Serious young Afro-American teacher in casual shirt standing in front of projection screen and presenting a lesson in class.
Education Week + iStock
Teaching Profession Beach Reads, Not PD: Teachers Set Summer Boundaries
Many teachers plan to avoid summer PD reading, choosing rest and relaxation instead.
1 min read
Illustration of a book, sunglasses, and symbols of romance books, PD, travel, mystery, and adventure.
Collage by Education Week