Exiting Ineffective Teachers Policy
Virginia makes teacher ineffectiveness grounds for dismissal. A teacher may be dismissed for incompetence, and incompetence is defined as "consistent failure to meet the endorsement requirements for the position or one or more unsatisfactory performance evaluations."
However, the state does not 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. The process is the same regardless of the grounds for cancellation, which include "incompetency, immorality, noncompliance 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."
Tenured teachers who are terminated have at least one
opportunity to appeal. After receiving written notice of dismissal, the
teacher may, within five days, request a hearing, which must take place
within 15 days. The decision must then be rendered within 30 days. The
teacher may file an additional appeal with the appellate court within 10
days. The appellate court must hear the appeal within 10 days of
receipt of the request for an appeal.
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, Virginia 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 is reached within a reasonable time frame.
Distinguish
between the process and accompanying due process rights for 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 affect a teacher's right to
practice. Virginia should ensure that appeals related to classroom
effectiveness are decided only by those with educational expertise.
Virginia asserted that it does have two processes—one for action against licenses due to misconduct (felony convictions, etc.) and the other for dismissal. The Licensure Regulations for School Personnel set forth the requirements for action against licenses, and the due process for dismissal are set forth in the Code of Virginia and regulations.
The hearing process referenced by the state in its response is related to license revocation. This analysis concerns the appeals process for dismissal. Virginia's response underscores the issue that states too often fail to differentiate the process for termination for reasons such as poor classroom performance with the process that would result in license revocation and the permanent end to a teacher's right to practice.
States need to be
explicit that teacher ineffectiveness is grounds for dismissal.
Most states have laws on their books that address teacher
dismissal; however, until recently these laws were much more likely to consider criminal and
moral violations than performance. While many states have amended their dismissal policy to be more explict about classroom ineffectiveness, some still retain euphemistic terms such as "incompetency,"
"inefficiency" or "incapacity." These terms are ambiguous
at best and may be interpreted as concerning dereliction of duty rather than
ineffectiveness. Without laws that clearly state that teacher ineffectiveness
is grounds for dismissal, districts may feel they lack the legal basis for
terminating consistently poor performers.
Due process must be
efficient and expedited.
Nonprobationary teachers who are dismissed for any grounds,
including ineffectiveness, are entitled to due process. However, due process
rights that allow for multiple levels of appeal are not fair to teachers,
districts and especially students. All parties have a right to have disputes
settled quickly. Cases that drag on for years drain resources from school
districts and create a disincentive for districts to attempt to terminate poor
performances. Teachers are not well served by such processes either, as they are
entitled to final resolution quickly.
Decisions about
teachers should be made by those with educational expertise.
Multiple levels of appeal almost invariably involve courts
or arbitrators who lack educational expertise. It is not in students' best interest
to have the evidence of teachers' effectiveness evaluated by those who are not
educators. A teacher's opportunity to appeal should occur at the district level
and involve only those with educational expertise. This can be done in a manner
that is fair to all parties by including retired teachers or other
knowledgeable individuals who are not current district employees.
Dismissal for Poor Performance: Supporting Research
One
of the greatest shortcomings of teacher performance appraisals has been school
systems' unwillingness and inability
to differentiate instructional competency. The New Teacher Project, 2009, "The
Widget Effect: Our National Failure to Acknowledge and Act on Differences in
Teacher Effectiveness" at http://widgeteffect.org.
See
NCTQ, State of the States: Trends and Early Lessons on Teacher Evaluation and Effectiveness Policies (2011) as
well as studies by The New Teacher Project of human resource and dismissal
policies in various districts at: http://tntp.org/ideas-and-innovations.
For
information on the high cost of teacher dismissals, see Steven Brill, "The
Rubber Room," The New Yorker, August 31, 2009 at: http://www.newyorker.com/reporting/2009/08/31/090831fa_fact_brill.
Also,
see S. Reeder, "The Hidden Costs of Tenure: Why are Failing Teachers
Getting a Passing Grade?" Small Newspaper Group, 2005 at: http://thehiddencostsoftenure.com.