Hey, guess what? Wanna know how to fire a horrible tenured k-12 teacher in New York? Here's how!:
STEP1: Evaluate and Document incompetence by placing notes in the Teacher's fire.
A.The teacher must sign every note and add a response.
B.Notes may NOT be added more than 3 times after an incident.
C.Letters that don't result in disiplinary charges must be removed after three years.
STEP 2: After accumulation enough documentation, you submit an UNSATISFACTORY rating.
STEP3: The teacher appeals to a committee designated by the chancellor.
A.At the hearing, the teacher may be advised bu an Employee of the City School District or a union representative.(Just to let you know, all public school teachers are in the union, which they shouldn't be, but that's another topic.)
B.Witnesses and evidence are intoduced.
STEP4: The comittee renders a decision.
A. The committee overturns the rating. Return to step 1.
B.The Commitee upholds the rating. Continue to step 5.
STEP5: The decision is forwarded to the Chancellor for a "FINAL" decision.
A. The chancellor overturns the rationg. RETURN TO STEP 1!
B. The chancellor upholds the rating. Continue to step 6.
Step6: The teacher now has 3 options. (Lucky them :/ )
Option A: Appeal to the State commissioner of Education.
1.The teacher has 30 days to appeal.
2The commissioner tries to issue a decision within SIX TO EIGHT months---But case loads are high and Dates aren't guaranteed.
3.Commissioner overturns, back to step one. (Nice try. :/ )
4.Commissioner Upholds decision.
5. Proceed to termination hearings under s.3020-A of the Education Law.
Option B: File in state court to have the chancellor's decision overturned.
1. TO THE COURTROOM YEE GO FOUL DAEMON.
Option C: Even if the teacher does not file an appeal to the commissioner, they cannot be fired yet. Termination can only result from a hearing under s.3020.
STEP 7:File charges to terminate the teacher.
A.The board will vote on whether the charges are valid.
1.Not valid? Obtain further documentation. GAME OVAR LOSER!
2. POTENTIALLY VALID? Continue on the quest.
1. The school board must issue a statement of the charges and maximum possible penalty and send a notice outlining the teacher's rights.
2. Within 10 days, the teacher can request a hearing and elect to appear before either a single hearing officer or a panel of different officals.
Step 8: PREPARE FOR THE BATTLE! Or formal hearing if ye prefer.
A. Both sides exchange witness lists, statements. and physical evidence.
B.The school board must provide the teacher with copies of investigatory statements, notes, evidence that can terminate them, and relevant student records.
C.The teacher only has to give the school board documents that the board can prove are relevant.
TO STEP 9! (Still with me?)
Pre-Hearing Conference. Occurs 10 to 15 days after panel is in place.
A. At the conference. the hearing officer (or board of people, whichever they picked) can:
1.Issue subpoenas(force the teacher to answer questions)
2.Hear and Decide all motions, including motions to DISMISS THE CHARGES!
3. Decide any discovery disputes about materials either side wants to have before the hearing.
4. Set the timetable for the hearing.
Almost hit home! STEP 10:Hearing procedures.
A. The teacher has the right, not the obligation, to testify.
B.Each party has the right to have lawyers and cross-examine witnesses.
FINALLY! STEP11: THE HEARING DECISION!
A. The hearing officer must give a written decision within 30 days after the hearing.
B.Copies go to the Commissioner of Education.
C. The commissioner forwards the copies to the teacher and to the clerk or secretary of the Board.
D.In determining the Penalty. the hearing officer must consider whether the School Board first made efforts toward remediation, peer intervention, or an employee assistance plan.
NO? The hearing officer can order efforts to correct the employee's behavior, instead of dismissal. GREAT JOB FAILING!
YES? CONGRADU-MUFFIN-LATIONS! You have SUCESSFULLY FIRED ONE inept teacher.
1. EXCEPT that the teacher can appeal within ten days of the decision. Either the teacher or the School Board can appeal to the New York State Supreme Court.
2. You are now involved in a lawsuit. You are kinda owned by now.
(On a side note, this takes about 1-3 years to do all this.)
Just proves how annoying ,horrible ,shouldn't be tenured, k-12 teachers are to get terminated.
I deserve a medal for typing all this..... >.<
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