Legal rights of tenured teachers in dismissal proceedings Essay

Legal rights of tenured teachers in dismissal proceedings - Essay Example 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. ... "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.