1. Determine what certification is.

Certification varies from state to state and is the approval of a state

or institution that grants eligibility for a teaching position not
entitlement to a position
2. Identify when a teacher may be transferred or demoted.
Transferred: teachers may be transferred as long as the school
can show that it is within the districts best interest, and has not been
done in a discriminate manner. Refusal to accept the transfer may
result in a case of insubordination.
Demoted: are permissible when done in accordance with
insubordination, and budget cutbacks. These demotions usually
trigger due process litigation and must be within the realm of the
collective bargaining contract.
3. Indicate what rights a probationary teacher has.
A probationary teacher only has the right to due process with
dismissal. They must show that there this dismissal was based on
race, religion, gender, etcif not virtually all other standings hold firm,
including even the premise that a better teacher could be hired. ..
4. Describe what is meant by tenure.
Tenure is non probationary or permanent status which is
generally granted after 3 continuous years of teaching at district.
Tenure is not honored by all states or all districts.
5. Determine the causes for dismissal.
incompetence:
School Citizenship:
Incapacity Mental of physical incapacity to perform the
necessary duties of their contract
Role Model: Failing to act in such a way the inspires or
supports the schools mission for students. Generally criminal behavior,
Lying to officials, crimes violent in nature.

Posing a threat to pupils: Immorality, unprofessional

conduct, use of sarcasm, vulgar language, sex with a minor.

6. Differentiate between property interests and liberty interests.

Property: rights by ownership
Liberty: freedom from restraint and protection of ones reputation
7. Reconstruct the procedures in "due process."
Written or oral notification of removal, a list of evidence
supporting the case and the opportunity to present their side.
8. Decide when a teacher may be "riffed."
Reduction in FORCE: may apply due to financial hardship,
decreased enrollment, or removal of a program.
In NE, the board must justify the reduction, and other options for the
teacher where they are qualified.
9. Appraise when school boards may grant leaves of absence.
Personal reasons such as illness
Pursuit of further training
Public or military service
May also impose mandatory leave of absence for teacher
who is not physically or mentally fit to teach.
10. Describe when teachers are eligible for workmen's compensation.
Must show: that accident or injury occurred and that it was while
on performing a work related duty/task
Although local school boards have the legal authority to hire teachers
and give out contracts, principals have the responsibility to make
recommendations to the board. Therefore, the principals have a major
responsibility in human resource management and are continuously
involved with employee relations. Principals operate in accordance with
often-confusing federal and state constitutional provisions, statutes,
regulations, and local school board policies. The state department has

the responsibility to determine the requirements for certification which

may require a test of some sort (PPST or Praxis II).
Dismissal of teachers is something that is often caught in litigation. It is
very important to know the rights of nontenured and tenured teachers
and the process of dismissal with cause. Make sure you have a good
understanding of the due process proceedures when dismissing a
teacher.
Important cases:
In Re Proposed Termination of James E. Johnson
Youngman v. Doerhof
McCrink v. City of Providence
Board of Education of Long Beach Unified School District v. Jack
M.
Krizek v. Cicero-Stickney Township High School District No. 201
Hortonville Joint School District No. 1 v. Hortonville Education
Association (only Supreme Court case)

Reflection/Summary:
My summary of this chapter is that it brings light and in many
ways closure to many of the buss words of our profession. As a young
teacher seeking tenure and having grown up in a two teacher
household Ive heard words like, RIF, due process, tenure since literally
I was 8. However, even putting them into context, becoming a
teacher, having friends and colleagues endure such terms the clear
definition has not been presented. While I did have an understanding
and could have defined many of these elements it would have been
done so in a biased format. The chapter provides the balance to the
conversation that I was looking for, as it removes personal experience
and subjectivity from the understanding. It seems clear that teachers
are granted rights and protections the same as students but that
districts and school boards retain much of the power. The power I
believe is predominately spurred from the knowledge and experience
regarding these specific situations. For most teachers, students and
curriculum is the focus and when these other litigations and

circumstances are thrown at them it seems they are at a great

disadvantage. The disadvantage comes from the fact that demotions,
transfers, tenure, RIF, and dismissals all are generally strong weapons
to be wielded by schools and districts as long as certain legal
guidelines are met like due process, which frankly seems like a poor
attempt to protect teachers, it is mostly a pretty easy three step
process to avoid litigation for schools. I did especially like the line from
the text stating that it is always in schools best interests for principals
to act professionally and not personally, though this seems basic it is
comforting to read the human element being addressed through out
the text.
In reflection, I feel that this does pertain to me as I am seeking
tenure. Understanding the specific elements for dismissal is certainly
beneficial though they should obviously not be of any concern for an
educator properly conducting themselves and completing their
responsibilities. Also, the conversation about tenure and certification
was a great reminder of the privilege it is each year to teach. I found
two lines insightful in the early paragraphs stating that a teaching
certificate is not an entitlement to teach and that a teacher may be
removed simply based on the premise that another better instructor
could be hired. I find myself constantly having a debate with myself
regarding tenure and whether or not I believe or support it. Where do
we stand as a class? Even the text said that many teachers whom are
believed to incompetent are not removed either because of tenure or
because the risk of litigation was to high.