Term
| Ed Code 4464 Employee Eval - progressive discipline |
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Definition
Needs to stand up to due process, Stull Act, must prove progressive discipline and follow timelines
Steps: Oral Warning (keep it in your records
Written warning delivered personally (not in employee file)
Letter of reprimand... written response stapled to it from employee
unsatisfactory eval
suspension w/pay (time for investigation)
Dismissal- Must notify on or before 3/15 |
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Term
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Definition
nonrenewal is nonissue, once permanent, due process right includes cause
immoral / unprof conduct, mob / dishonesty / unsatisfactory performance / unfit for service / nonrule following / crimes of moral terpitude / communism / alcoholism or drug / unprof conduct |
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Definition
| Written copy w/in 30 days b4 end of school year (written copy) |
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Definition
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Term
| Pickering v. BOE tenured (balance between interest of teacher speak out vs. subordinate) |
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Definition
public issue about money letter to newspaper ... Tinker mentioned, Pickering had right to freedom of speech
Pickering balance - tow the line as employee balance freedom of speech |
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Term
| Mt. Healthy v. Doyle - nontenured, remanded to lower court |
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Definition
| a teacher's protected speech does not protect an employee from being fired based on total performance record |
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Term
Fowler v. BOE - cert denied
"fowl movie" |
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Definition
| Did the teacher's conduct in showing this sexually conduct explicit movie constitute misconduct... 1st amendment |
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Term
| Wilson v. Chancellor (speakers, freedom of speech) |
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Definition
Communist Speaker
Is teaching a form of expression in the 1st amendment? No great state interest in not having speakers in hs poli sci.
Appeasing the angry community isn't enough to violate teacher rights.
Prior restraint: restraining speech b4 it happens |
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Term
| East Hartford Education Association v. Board of Ed |
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Definition
TIE Issue - refusal to wear certain clothes violation of 1st and 14th amendment
Not wearing a tie does not represent symbolic speech |
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Term
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Definition
| 3/15 notice... 2 years, nonrenewal needs no reason |
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Term
| tenure teacher - ED code specific cause |
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Definition
| must have hearing, and site charges, good cause for dismissal |
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| no reason for nonrenewal needed, claimed 1st amendment and couldn't prove... begin and end date, no expectation of continued employment |
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Term
Progressive discipline
formative vs. Summative |
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Definition
Formative: observe strengths/weaknesses
Summative: Grading to interpret whether to keep them |
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Term
| 3 levels of scruitiny for DISCRIMMINATION |
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Definition
strict
intermediate
rational basis |
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