Teacher Tenure: Teacher Due Process Rights to Continued Employment

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1 Alabama legislated Three school Incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, justifiable decrease in the number of teaching positions, other good and just cause, but not for political or personal reasons [Section ] Alaska legislated Three full Incompetency defined as the inability or the unintentional or intentional failure to perform the teacher's customary teaching duties in a satisfactory manner; immorality defined as the commission of an act that, under the laws of the state, constitutes a crime involving moral turpitude; or/and substantial noncompliance with the school laws of the state, the regulations or bylaws of the department, the bylaws of the district, or the written rules of the superintendent [AS ] Arizona legislated More than the major portion of three school Arkansas legislated Three or four, if the board chooses to require a fourth year Inadequate performance, unprofessional conduct, evidence of unfitness to teach, failure to comply with student disciplinary procedures, teaching sectarian books or doctrine, conducting religious exercises or failure to comply with various statutory requirements [Ariz. Rev. Stat ] Incompetent performance, conduct that materially interferes with the continued performance of the teacher s duties, repeated or material neglect of duty, or other just and reasonable cause [ARK. Code ] 1

2 California legislated Two complete school Immoral or unprofessional conduct, syndicalism, dishonesty, unsatisfactory performance, evident unfitness for service, physical or mental condition unfitting for him or her to teach children, persistent violation of or refusal to obey the school and state laws or regulations, conviction of a felony or crime of moral turpitude, knowing membership in the Communist party, or alcoholism or drug abuse that makes employee unfit to serve children [Cal. Educ. Code 44932] Colorado legislated Three full Physical or mental disability, incompetency, neglect of duty, immorality, unsatisfactory performance, insubordination, the conviction of a felony or the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence for a felony, or other good and just cause [Colo. Rev ] Connecticut legislated 40 full months of continuous employment with the same board of education Delaware legislated Three total employment Insubordination against reasonable rules, moral misconduct, disability shown by competent medical evidence, other due and sufficient cause, or inefficiency or incompetence [Conn. Gen. Stat (d)] Immorality, misconduct in office, incompetency, disloyalty, neglect of duty, a reduction in the number of teachers required as a result of decreased enrollment or a decrease in education services, or willful and persistent insubordination [Del. Code Ann. Title , 1420] 2

3 Florida legislated Three Just cause, which includes but is not limited to immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, or being convicted, found guilty, or entering a pleas of guilty of any crime involving moral turpitude [Fla. Stat. Ann (1) (a)] Georgia legislated Three Incompetency, insubordination, willful neglect of duties, immorality, inciting, encouraging or counseling students to violate state laws or policies, failure to secure and maintain necessary educational training, reduction in staff due to loss of students or cancellation of programs or any other good and sufficient cause [Ga. Code. Ann ] Hawaii legislated One full year Inefficiency or immorality, willful violation of rules or policies, or for other good and just cause [Haw. Rev. Stat. 302A-609] Idaho legislated Three full Just and reasonable cause, which may include a material violation of any lawful rules or regulations of the board of trustees or of the state board of education, or any conduct that could be grounds for revocation of a teaching certificate [Idaho Code , ] 3

4 Illinois legislated Four school Incompetency, cruelty, negligence, immorality, or other sufficient cause; failure to complete a one-year remediation plan with a satisfactory or better rating; not qualified to teach; whenever the interests of the schools require dismissal or due to a decision of the board to decrease the number of teachers employed by the board, or to discontinue some particular type of teaching service [105 Ill. Comp. Stat 5/ ;5/24-12] Indiana legislated Five full immorality, insubordination, neglect of duty, incompetence, a justifiable decrease in the number of teaching positions, a conviction, or other good and just cause [Code ] Iowa legislated Three full Just cause [Code ] Kansas legislated Three Good cause [ , 5439, 5443] [Lassiter v. Topeka Unified School District, F. Supp.2d 1033, D. Kan., 2004] Kentucky legislated Four full Insubordination, immoral character or conduct unbecoming a teacher; physical or mental disability; inefficiency, incompetency, or neglect [Ky. Rev. Stat ] Louisiana legislated Three Immorality, willful neglect of duty, or on charges of incompetency [La. Rev. Stat. Ann. 17:443] Maine legislated Two Just cause, found unfit to teach or deemed unprofitable by the school board [Me. Rev. Stat. Ann. Title 20A 13201, 13202] 4

5 Maryland legislated Three full Misconduct in office, immorality, insubordination, incompetence, or willful neglect of duty [Md. Code Ann. Educ ] Massachusetts legislated Three school Michigan legislated Four Inefficiency, incompetency, incapacity, conduct unbecoming a teacher, insubordination, or failure on the part of the teacher to satisfy teacher performance standards... or other just cause. [Mass. G.L.C. 71, 42] Reasonable and just cause [Mich. Comp. Laws ] Minnesota legislated Three Immoral conduct, insubordination, conviction of a felony, conduct unbecoming a teacher, inefficiency, continuing physical/mental disability if unable to qualify for reinstatement after a medical leave, and neglect of duty [Minn. Stat. 1222A.40] Mississippi legislated One full year Incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil, or other good cause [Miss. Code Ann ] Missouri legislated Five full Physical or mental condition unfitting to instruct or associate with children immoral conduct; incompetency, inefficiency, or insubordination; willful or persistent violation of or failure to obey the state s school laws or the district board of education s published regulations; excessive or unreasonable absence; or conviction of a felony or a crime involving moral turpitude [ Mo. Rev. Stat ] Montana legislated Four Good cause [Mont. Code. Ann ] 5

6 Nebraska legislated Three Nevada legislated Two Incompetency, neglect of duty, unprofessional conduct, insubordination, immorality, physical or mental incapacity, failure to give evidence of professional growth, other conduct that substantially interferes with the continued performance of duties, failure to accept reduction in force, revocation or suspension of license [Neb. Rev. Stat , ] Inefficiency, immorality, unprofessional conduct, insubordination, neglect of duty, unfitness for service, a justifiable decrease in positions due to decreased enrollment or district reorganization; inadequate performance, evident unfitness for service; failure to comply with reasonable requirements prescribed by the district; failure to show normal improvement and professional growth; advocating overthrow of the state or federal government or teaching communism to indoctrinate pupils; any cause which would be grounds for revoking a teaching license; willful failure to carry out the requirements of the teacher licensing chapter; dishonesty ; breaching security or confidentiality of achievement or proficiency examinations; and, intentional violations of the law governing restraint of certain students [Nev. Rev. Stat ] New Hampshire legislated Three Failure to conform to regulations prescribed, immorality or unsatisfactory performance according to standards established by the local school district [N.H. Rev. Stat. Ann ] New Jersey legislated Three Inefficiency, incapacity, conduct unbecoming or other just cause [N.J. Stat. Ann. 18A-6-10] 6

7 New Mexico legislated Three Incompetency or just cause [N.M. Stat. Ann A-24] New York legislated Three rth Carolina legislated Four Insubordination, immoral character or conduct unbecoming a teacher, inefficiency, incompetency, physical or mental disability, neglect of duty, or failure to maintain certification as required by the commissioner [Educ. Law 3014] Inadequate performance, immorality, insubordination, neglect of duty, physical or mental incapacity, habitual or excessive use of alcohol or a controlled substance, conviction of a felony or crime involving moral turpitude, failure to fulfill the duties and responsibilities imposed upon teachers by the General Statutes, failure to comply with such reasonable requirements as the board may prescribe, failure to maintain one s license in a current status, failure to repay money owed to the state, providing false information or knowingly omitting a material fact on one s application or in response to a pre-employment inquiry, or a justifiable decrease in the number of positions due to district reorganization, decreased enrollment, or decreased funding [N.C. Gen. Stat. 115C-325] rth Dakota legislated One year Cause, immoral conduct, insubordination, conviction of a felony, conduct unbecoming the position held by the individual, failure to perform contracted duties without justification, gross inefficiency, or continuing physical and mental disability that renders the individual unfit or unable to perform the individuals duties [N.D. Cent. Code ] 7

8 Ohio legislated Three and have met licensure and service requirements Gross inefficiency or immorality; for willful and persistent violations of reasonable regulations of the board of education; or for other good and just cause [Ohio Rev. Code Ann ] Oklahoma legislated Three full Willful neglect of duty, repeated negligence in performance of duty, mental, or physical abuse to a child, incompetency, instructional ineffectiveness, unsatisfactory teacher performance, commission of an act of moral turpitude, felony conviction, criminal sexual activity, sexual misconduct, or abandonment of contract [Okla. Stat. Ann. Title ] Oregon legislated Three Inefficiency, immorality, insubordination, neglect of duty, physical or mental incapacity, inadequate performance, or failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth, or any cause that constitutes grounds for the revocation of a teacher s teaching license [Or. Rev. Stat ] Pennsylvania legislated Three Immorality, incompetency, unsatisfactory teaching performance based on two ratings of the employee s teaching performance as unsatisfactory, intemperance, cruelty, persistent negligence in the performance of duties, willful neglect of duties, physical or mental disability that substantially interferes with the employee s ability to performance essential functions, advocating or participating in un-american or subversive doctrines, conviction of a felony or acceptance of a guilty plea, or persistent and willful violation of or failure to comply with school laws. [PA. Stat. Ann. Title ] 8

9 Rhode Island legislated Three Good and just cause [R.I. Gen. Laws ] South Carolina legislated One year Persistent neglect of duty, willful violation of rules and regulations of district board of trustees, drunkenness, conviction of a violation of the law of this or the United s, gross immorality, dishonesty, illegal use, sale or possession of drugs or narcotic [S.C. Code Ann ] South Dakota legislated Four Just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district [S.D. Codified Laws ] Tennessee legislated Three Incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination [Tenn. Code Ann ] 9

10 Texas legislated One to three Good cause (defined as failure to meet the accepted standards of conduct for the profession as generally recognized and applied throughout the state) [Tex. Educ. Code Ann ] Utah legislated Three Behavior exhibiting unfitness for duty through immoral, unprofessional, or incompetent conduct; committing any other violation of standards of ethical conduct, performance, or professional competence [Utah Code Ann. 53A-8-104; ] Vermont legislated Two Incompetence, conduct unbecoming a teacher, failure to attend to duties or failure to carry out reasonable orders and directions of the superintendent and school board [Vt. Stat. Ann. Title ] Virginia legislated Three Incompetency, immorality, non-compliance with school laws and regulations, disability as shown by competent medical evidence when in compliance with federal law, conviction of a felony or a crime of moral turpitude, or other good and just cause [Va. Code Ann ] 10

11 Washington legislated Three Probable cause [Wash. Rev. Code 28A ] West Virginia legislated Three Immorality, incompetency, cruelty, insubordination, intemperance, willful neglect of duty, unsatisfactory performance, conviction of a felony, or a guilty plea or a plea of nolo contendere to a felony charge [W. Va. Code 18A-2-8] Wisconsin statewide tenure law, but continuing contracts can be locally bargained Most contracts require a period of three. Just cause [Wis. Stat ] While provides the procedures for non-renewal or renewal of an individual contract, the Master Contract sets the standard by which a district's actions will be judged.] Wyoming legislated Three school Good cause, including but not limited to incompetency, neglect of duty, immorality, insubordination, and unsatisfactory performance [Who. Stat. Ann. V ] 11

12 District of Columbia Locally bargained Three Just cause [D.C.M.R. Title 5, Chapter 14, ] 12

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