How Easy is It to Dismiss a Tenured Teacher

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Firing a teacher can be a long and difficult procedure. A very particular process must be followed to make sure the termination goes through. If you're a student and you want to report teacher misconduct, you need to adhere to certain guidelines to be heard. If you're a school employee or a member of the school board, there's a more defined set of guidelines that must be followed. By law, teachers have the right to due process, which means they must be treated in a fair and specific way and all of their legal rights must be respected. Otherwise, the dismissal isn't lawful and legal action can be taken against the school.

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   Speak to the teacher about your concerns. If you are a student who is experiencing issues with a teacher, your first move should be to talk to them about it. Ask to speak to the teacher privately after class. Calmly explain to the teacher what you think they're doing that's inappropriate. Give the teacher a chance to explain themselves and improve their bad behavior.

   • Start the conversation with something like, "I want to speak to you about something that is upsetting me."
   • Remember to stay calm. Practice what you want to say ahead of time.
   • A simple conversation isn't always going to be an option. Sometimes the misconduct is too severe to approach the teacher with. If you feel uncomfortable or afraid to speak with the teacher, don't do it.
   • Ensure that you are not holding the teacher to a double standard. Do not speak loudly during class, use profanity, or make demeaning commentary if you would consider it inappropriate for the teacher to do the same.
   • Do not do anything that could give the teacher the impression that he or she is nicer than you are. It is not always natural to think of it that way, but this again reinforces the concept that you should avoid double standards at all costs. There could be a lot of other ways of getting a teacher fired, there could be inappropriate ways to get her/him fired.

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   Make sure that your complaint about the teacher is valid. Understand that in order to terminate a teacher, one of the following must be proven: immoral conduct, incompetence, neglect of duty, substantial noncompliance with school laws, conviction of a crime, insubordination, fraud or misrepresentation.^[1] The teacher's conduct must fall under one of these descriptions.

   • "Substantial noncompliance with school laws" means that the teacher frequently breaks the school districts rules. Examples: not allowing a student to practice their religion and not treating all students equally.
   • "Immoral conduct" is any form of sexual contact or abuse to the students, indecent exposure, stalking a student, extreme obscenity, having a weapon on school grounds, having an explosive device, having drug paraphernalia, and/or selling drugs to minors.^[2]
   • "Incompetence" is when a teacher is extremely ineffective at teaching. "Neglect of duty" is when a teacher fails to teach at all. Both have the same end result – the students don't learn anything.
   • If you do decide to make the complaint, report only the facts. Never do anything that could leave you open to charges of slander or libel.

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   Keep track of any incidents. Start keeping a list of negative incidents and examples of the teacher's misconduct. Be fair in your evaluation. Keep track of the date and time each incident occurs. If there are any other witnesses, write their names down. Make sure your teacher doesn't see you doing this. If you have to, jot down notes that only you could understand, then write the full incident down after class.

   • Remember it is very rare for teachers to get fired due to the financial cost of dismissal. In a detailed study made in 2016, the study showed: "Across the country, most districts and states continue to confer lifetime tenure on teachers, weak teachers still take years to dismiss if they achieve tenured status, and any attempt to dismiss an ineffective veteran teacher remains vulnerable to costly challenges at every stage in the process—from evaluation, to remediation, to the dismissal decision, and beyond. Consequently, in most districts and schools, dismissing an ineffective veteran teacher remains far harder than is healthy for children, schools, taxpayers—and the teaching profession itself."
   • Write down the events truthfully.

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   Gather proof. If there is a way for you to safely record audio or take photographs/video of the incidents when they happen, do it. This will help your case whenever you take your complaint to school officials. In some states it is illegal to record another person without their knowledge and consent.^[3] If the teacher is doing something so bad that you think there will be a court case about it, your proof may not be admissible in court.

   • However, your proof will definitely get the attention of your school officials, and they can begin monitoring the teacher.
   • Firing a teacher can be a long and difficult process, so the sooner school officials can begin their investigation, the sooner that teacher will be out of the classroom.

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   Report the misconduct to the principal. It would probably be helpful for you to take a friend, parent, or guardian along with you when you do this. Bring your list of incidents and any proof you've gathered to this meeting and present it to the principal. Calmly explain your side of the story. If you tried to speak with the teacher about this problem, make sure to let the principal know that. If there were any witnesses, make sure you provide those names.

   • Make sure you give the principal copies of your evidence, whether it's video, audio or photographs. You should keep the originals, just in case. Keep this evidence private.
   • Report only the facts.

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   Ask what happens next. After you've provided all of the information you have, ask what steps are going to be taken against the teacher. If this is the first time this teacher has ever been reported and the misconduct isn't dangerous, criminal or immoral, the principal will probably tell you that they're going to start monitoring the teacher and/or give the teacher a warning. The school board is required to go through a very particular process in order to dismiss a teacher, and those two things are the first step.

   • If the teacher is fairly new at your school (usually if they've been there less than 3 years), it's possible that the teacher might be dismissed immediately.^[4]
   • Request that your report remain anonymous whenever possible.
   • While the school board carries out their investigation, ask to be placed into another class with a different teacher. You shouldn't have to endure any more of the misconduct.

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1. 1

   Give the teacher a warning. If you're a school official and a teacher has been reported for incompetence or misconduct, giving them a warning is generally the first step. Most states will require this, especially if the teacher has tenure. You can do this verbally, but you may want to consider giving them a written warning, depending on the severity of the misconduct report.

   • If the initial complaint came from a student and has not been backed up by any other adult, have the student sign a statement that attests, under penalty of perjury, that what they are saying is true. Disciplinary action could possibly be taken against the student for false or misleading complaints.
   • Talk individually to both parties and then offer to mediate a group session between the two parties if appropriate. If one party expresses willingness to do this but the other does not want to, this is usually a red flag that one side is not being entirely truthful.
   • If the teacher is still within their probationary period (usually their first three years as employees) and haven't attained tenure, it's possible that they can be dismissed outright.^[5]
   • If the teacher has tenure, terminating them becomes a lot more difficult. Unless they've done something lewd, immoral or criminal, they have a right to a warning and a chance to improve the bad behavior.

2. 2

   Provide resources to help the teacher improve. Many states will want the teacher to not only receive a warning but also be given resources to help them improve. If you want to make sure you're understood, provide written documents with suggested resources and actions clearly spelled out.

   • Keep a copy of these documents in the teacher's file so that you can access them.
   • It's highly likely you'll be asked to prove that you provided resources and specific suggestions.

3. 3

   Observe the teacher in the classroom. The teacher will need to be evaluated, especially in the case of incompetence. Your school district and possibly even the state may have specific evaluation requirements, so familiarize yourself with those rules. For example, in Ohio, school officials must first schedule two 30-minute observations. During those observations, evidence needs to be gathered that supports the grounds for possible dismissal.

   • In addition, the teacher must also be provided with written copies of very detailed plans for improvement.
   • Investigate your school's criteria and follow it accordingly.

4. 4

   Document every incident that occurs. You should have a file already created for the teacher in question. Document everything – complaints, absences, what was found in the evaluations, and anything else that has to do with that teacher. If you're intent on terminating the teacher, you will be asked to provide all the evidence and information gathered. The more you have, the better your case is.

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1. 1

   Present the evidence to the school board. If the teacher has been given all of the outlined allowances and failed to improve, either in performance or behavior, a proposal for their dismissal should be submitted to the school board. The teacher's file should be submitted with the proposal.

   • The file should include every piece of relevant information or evidence that's been collected.
   • To terminate a teacher, usually one of the following must be proven: immoral conduct, incompetence, neglect of duty, substantial noncompliance with school laws, conviction of a crime, insubordination, fraud or misrepresentation.^[6]

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   Inform the teacher about the dismissal. The United States Supreme Court case of Cleveland Board of Education v. Loudermill provided the basic standard for how this is to be done. A teacher with tenure must be given verbal or written notice of their dismissal. All of the charges against the teacher must be revealed, along with any evidence gathered.

   • The employer is also expected to explain the evidence and why it is grounds for dismissal.

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   Provide the teacher a chance to present their side. ^[7] Teachers are protected by procedural due process, which essentially means that after the dismissal has been served and an explanation provided, they have the right to tell their side of the story. It must be made clear that they have the opportunity to do this, with the understanding that they will be heard.

   • In some cases, the teacher will still be dismissed. Often, dismissing a tenured teacher is a very expensive process for the school district; many districts will choose other methods (such as a warning or a reprimand) instead of dismissal. The amount of money and evidence needed to fire a tenured teacher makes it very rare occurrence.

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Add New Question

• Question

  Can the teacher make fun of a student?

  

  No, they cannot. This is considered bullying. If this is happening to you, tell a trusted adult and/or the principal immediately.

• Question

  Can a teacher be fired for drinking alcohol in front of students on a school trip?

  

  Yes, a teacher can definitely be fired for consuming alcohol at any time while students are entrusted to their care, including during school trips.

• Question

  My 7th grade teacher talked about smashing a mouse against the wall, and said she was going to "ring her bloody neck," "murder her," and "give her hell." What should I do?

  

  This is violent language that doesn't belong in the classroom. Report it to your principal. If he/she doesn't take you seriously, talk to a parent about it and ask them to call the school to make a formal complaint.

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Article Summary X

If you need to have a teacher fired, understand that while the process is hard, you can be successful as long as you have evidence and follow certain guidelines. Before you report your teacher to the principal, make sure their actions are a serious offense, like physically abusing a student or treating a student differently because of their religion. Keep track of any times they break the rules or treat someone poorly and write down the time and date. If possible, ask witnesses to back up your claims after it happens and collect any evidence. Once you have a case, ask a parent or guardian to report the facts to your principal. For more help, including how to take your complaint to the school board, scroll down.

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