Legal Rights of Tenured Teachers in Dismissal Proceedings - Essay Example

Legal Rights of Tenured Teachers in Dismissal Proceedings Introduction Teachers are not spared of various exploitations in the society. Some of themwere dismissed based on educational political agenda, as well as judgments. They can be dismissed right away whenever the school board wants to. They may be judged by the person they marry or even when they divorce. Consequently, there are also teachers who use their powers in order to exploit its students. These situations further led to the creation of various policies in the government that addresses the issues. In order to discipline teachers with the use of their powers, Section 3020a of the Education Law was amended in 1994. Its amendment by Chapter 691 of the Laws of 1994 provides an opportunity for teachers who were accused of any misconduct or incompetence the right to defend himself in court and undergo due process. Within fifteen days, the board of education is responsible in implementing the various rights of the teacher to undergo due process such as the teacher's right of hiring a hearing officer who would be responsible for reviewing the charges against him and would further investigate his case. If permitted, through the process, in support of the facts and findings, the hearing officer may give recommendations with regard to the penalties or punishments deemed appropriate for the charges against him. (http://www.nbto.org/Union/tenure.htm, para 10) On the other hand, for cases that involve pedagogical misconducts or judgments, the teacher is allowed to have a three-member panel who would do the investigation and review the charges against him. It is the duty of the school district clerk or secretary's role to make sure that these provisions and rights of the employee is met in order to provide them with a fair fight. (http://www.nbto.org/Union/tenure.htm, para 10) A great number of issues on tenure has involved not alone the teachers but the school district administrations as well. There had been several instances in the history of the educational system where the law on teacher's tenure does not seem appropriate. There had been situations when punishments are lenient and there were at the same time those situations when they were overly laid. Tenure ERIC Digest defines tenure as "Tenure is a form of job security for teachers who have successfully completed a probationary period. Its primary purpose is to protect competent teachers from arbitrary non-renewal of contract for reasons unrelated to the educational process -- personal beliefs, personality conflicts with administrators or school board members, and the like. " (http://www.ericdigests.org/pre-925/tenure.htm, para 2) Teacher's tenure started back in 1917 in New York but it was only in 1970 when this part of the Education Law was taken seriously by the school districts and the teachers. Furthermore, the law was strengthened and the process were expedited in 1977 as a response to the growing pressure to the school districts' numerous unfair and illegal dismissals. There was not clear evidence with regards to when the provisions on teacher's tenure had become a federal property right such that it remains to be a concern of the state for which every policies vary. The basic thrust of the Teacher Tenure Act1 is that public school employees under its protection2 may be dismissed or demoted only for one or more of fifteen grounds set out in the act and only according to the procedures set out in the act. Most often, teachers misinterpret this provision in the Education Law thus, it should be made clear that teacher tenure is merely a protection against unlawful dismissals even if he or she is guilty of the charges filed against him/her. (http://www.iog.unc.edu/pubs/electronicversions/pdfs/leps20.pdf, para 1) The due process for which tenure recognizes among the teachers recognizes that laws and legal proceedings must be fair. A person's basic rights to 'life, liberty or property,' should not be taken away from them without the due process of law. (http://www.lectlaw.com/def/d080.htm, para 1) Concerning teacher's tenure, due process considers the following processes. a. "A teacher must request a hearing within 10 days after receiving a statement of the 3020-a charges preferred against him or her. (http://www.nyssba.org/ScriptContent/VA_Custom/PDFs/comm_3020-a_reform.pdf. para 5) b. A school district must notify the commissioner of education within three working days of such a request, and the commissioner must immediately contact the American Arbitration Association for a list of arbitrators. (http://www.nyssba.org/ScriptContent/VA_Custom/PDFs/comm_3020-a_reform.pdf. para 6) c. The school district and the teacher must agree on a hearing officer within 10 days of receipt of the commissioner's list. (http://www.nyssba.org/ScriptContent/VA_Custom/PDFs/comm_3020-a_reform.pdf. para 7) d. The hearing officer must hold a pre-hearing conference within 10-15 days of agreeing to serve, complete the final hearing within 60 days after the pre-hearing conference, and issue a written decision within 30 days of the last final hearing day. (http://www.nyssba.org/ScriptContent/VA_Custom/PDFs/comm_3020-a_reform.pdf. para 8) This due process or most commonly called as 3020a gives importance on the proper proceedings or hearing process in order for the teacher to defend himself from any accusations that a school district may file against him. There is a strict timeline however in delivering the due process provided for the teachers thus requiring an immediate action on his or her part to notify the union immediately in order to take actions according to the due process of law. An assigned representation during the process is also given for the teacher through NYSUT free of charge including a pre-hearing process that should take place within 10-15 days after a hearing officer is assigned for the case which is different from the 60-day hearing period for which the case must be completed. (http://www.nbto.org/Union/tenure.htm, para 23) Under the New York State Law, specific grounds for a teacher's dismissal may be insubordination, conduct unbecoming of a teacher, inefficiency, incompetence, physical or mental disability, neglect of duty, failure to maintain certification, and immoral character. (http://www.nbto.org/Union/tenure.htm, para 20 & http://nysut.org/newmember/survival_tenure.html, para 5) Problems with 3020a As favourable as this section in the Education Law, there had been criticisms and issues raised regarding 3020a. Reforms were made in 1994 to make this particular part of the Education Law more efficient and inexpensive for the government. However, what seemed to happening at present is the opposite and may be observed to be getting worse (http://www.troyrecord.com/site/news.cfmnewsid=18071254&BRD=1170&PAG=461&dept_id=7018&rfi=6, para 1) Time and money are the most common factors that are wasted in a tenured teacher's hearing process as amended by Section 3020a of the Education Law. These two factors are at the same time the most significant aspects in the due process as well as for the teachers and the school administrators. Schools maximizes their times in order to make sure that their students learn. Money, on the other hand, is supposed to be spent wisely on the needs of the educational system to make it more conducive for students' learning as well as for the teachers' compensation satisfaction. But in cases with which these two factors are wasted, the learning process and the education system may be at risk. In 1997, reports say that an average of 319 days cost the government an approximate amount of $94,527 to reach a decision for a tenured teacher's case. Consequently, in 2005 an average of 520 days and $128,941 was reported as to the length of time and the amount spend on a tenure case. (http://www.troyrecord.com/site/news.cfmnewsid=18071254&BRD=1170&PAG=461&dept_id=7018&rfi=6, para 3) In addition, the state pays the lawyer's fees as well therefore making the hearing process more expensive. Furthermore, in Illinois, for the past five years, spends an average of $219,000 in legal fees alone in dismissal cases against tenured teachers. Reports also said that the said schoold districts can even spend at least $100,000 to try to fire a tenured teacher. (http://thehiddencostsoftenure.com/stories/prcss=display&id=295712, para 1-3) With such expenditures on the part of the school districts, there are particular programs of the schools that might be sacrificed only to fire teachers. In this case, the efficiency of education is at the same time sacrificed. On the part of the school administrator, incidents such as these directly and indirectly affect the school district. The performance of the teacher inside the classroom will no longer be efficient for a long time while the case is on trial. Significantly, if the teacher will be suspended during the entire hearing process to avoid such situations and that he or she may be proven not guilty in the end, the length of time the teacher was suspended has caused as much inconvenience on the part of the administrator as well as the students. Because for such, the administrator may need to hire a substitute for the tenured teacher's class to handle temporarily the students. On the other hand, if the case is efficiently heard and a decision is made at the earliest possible time, the teacher may be allowed to get back to school the soonest thus causes less stress on the part of the administrator. Due to these reasons, even as the administrators observe that the teachers are incompetent, they resort to avoid filing for teacher's dismissal. The entire process consumes most of their time and resources, thus even if the teachers do no longer seem fit for the profession, they tend to tolerate them instead. Dismissal Cases of Tenured Teachers In 1979 when the implementation of Section 3020a of the Education Law was not as a big deal as it is now in the educational system, a tenured teacher was dismissed. The Harran Independent School District filed a dismissal case against Martin Case where the accused was not able to defend himself such that the due process of hearing a dismissal case against tenured teachers was not strictly implemented. Furthermore, recent dismissal cases against teachers undergo the due process resulting into lesser cases where the accused is dismissed. The due process allows the teachers into defending themselves and gathering facts as to the reasons behind dismissal. There were more and more dismissal cases against teachers were found to have a more personal reason on the part of the administrators, therefore the cases were dismissed leaving the school district into an even bigger responsibility for the tenured teacher. Recent cases that tenured teachers face are appeals against the school districts with which their competencies were either not recognized or put into embarrassment. In 1991, Florence Gross made an appeal against the Board of Education of the Elmsford Union Free School District for an unpaid suspension. The court's decision though not exactly in their favour decided that she should have the right to accept or decline employment however not entitled for the pay during her suspension. (http://www.law.cornell.edu/nyctap/I91_0091.htm, para 1-11) One of the dismissal cases against a tenured teacher was that of Ann H. Wolfson, a tenured teacher, who had been serving the Beacon City School District for 24 years. The issue of the matter was Wolfson's accumulated absences due to her illness. A counter-appeal was developed by the respondent such that due process was held. The decision of the court was an improper disciplinary action towards the tenured teacher, thus the appeal and cross-appeal was dismissed. (http://www.counsel.nysed.gov/Decisions/volume34/d13278.htm, para 1-15) Conclusion The costs and the time that are spent on dismissing tenured teachers affects not just the teacher, but the school district and the state government as well since they shoulder the costs of the due process. This may be as traumatic to the teachers and the school district as much as it may be traumatic to the students as well. The suspension of teachers and the proceedings may affect their learning process that puts their education at risk. On the other hand, if there is no action taken against an incompetent teacher, it may create an equal situation therefore a critical analysis of the situation should be considered. Works Cited: Appeal of the BOARD OF EDUCATION OF THE BEACON CITY SCHOOL DISTRICT from the determination of a hearing panel convened pursuant to Education Law '3020-a concerning disciplinary charges brought against Ann H. Wolfson, a tenured teacher. http://www.counsel.nysed.gov/Decisions/volume34/d13278.htm. March 25, 2007. Cost to fire a tenured teacher More than $219,000. http://thehiddencostsoftenure.com/stories/prcss=display&id=295712. March 25, 2007. In the Matter of Florence Gross, Appellant, v. Board of Education of the Elmsford Union Free School District, Respondent, and Alice Moffat, et al., Respondents. http://www.law.cornell.edu/nyctap/I91_0091.htm. March 25, 2007. It is time to review teacher tenure issue.http://www.troyrecord.com/site/news.cfmnewsid=18071254&BRD=1170&PAG=461& dept_id=7018&rfi=6. March 25, 2007. Procedures for Dismissal under the Teacher Tenure Act. http://www.iog.unc.edu/pubs/electronicversions/pdfs/leps20.pdf. March 25, 2007. Teacher Tenure. ERIC Digest, Number Nineteen. http://www.ericdigests.org/pre-925/tenure.htm. March 25, 2007. What It Is and What It Is Not. http://www.nbto.org/Union/tenure.htm. March 25, 2007. Read More