Dismissal for Poor Performance: Montana

Analysis of Montana's policies

In Montana, tenured teachers who are terminated may appeal multiple times. After receiving written notice of dismissal, the teacher is entitled to a hearing within 20 days unless he/she waives the right to a hearing in writing. The state does not articulate the time frame for this hearing. The teacher may then file additional appeals with the county superintendent and the district court if the teacher's employment is not covered by a collective bargaining agreement. Otherwise, the teacher may appeal to an arbitrator.

Montana does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. In fact, Montana does not articulate specific grounds at all for termination of teachers' contracts.

Citation

Montana Code Annotated, 20-4-204

Recommendations for Montana

Specify that classroom ineffectiveness is grounds for dismissal.
Montana should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers.

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, the state must ensure that the opportunity to appeal occurs only once and only at the district level. It is in the best interest of both the teacher and the district that a conclusion be reached within a reasonable time frame. 

Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently impact a teacher's right to practice. Montana should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise.      

State response to our analysis

Montana declined to respond to NCTQ's analyses.