Dismissal for Poor Performance: Vermont

Analysis of Vermont's policies

In Vermont, tenured teachers who are terminated have at least one opportunity to appeal. After receiving written notice of dismissal, the teacher may—within 15 days—request a hearing. The state does not articulate a specific time frame for the hearing. It is not clear whether the decision of this hearing is final or if a second appeal is possible.

Vermont 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. The process is the same regardless of the grounds for cancellation, which the state articulates vaguely as "just and sufficient cause."

Citation

Vermont Statute Title 16, Chapter 53, Section 1752

Recommendations for Vermont

Specify that classroom ineffectiveness is grounds for dismissal.
"Just and sufficient cause" is ambiguous at best and may be interpreted as concerning dereliction of duty rather than ineffectiveness. Vermont 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, Vermont 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. Vermont should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise.  

State response to our analysis

Vermont recognized the factual accuracy of this analysis.