Deck 10: Recruitment, Tenure, Dismissal, and Due Process

Question 1

The employment interview should avoid inquiries regarding:

A) Educational background
B) Previous positions held
C) Advanced degrees or certificates sought
D) Type of military discharge

Answer 1

Type of military discharge

Question 2

Tenure is designed to:

A) Protect teachers from arbitrary and capricious treatment
B) Provide freedom of expression
C) Guarantee academic freedom
D) Evaluate teacher effectiveness

Answer 2

Protect teachers from arbitrary and capricious treatment

Question 3

Tenure means that:

A) The teacher has a job for life
B) A teacher has earned a property right to the teaching position
C) The teacher can only be dismissed for cause
D) The teacher can be non-renewed

Answer 3

A teacher has earned a property right to the teaching position

Question 4

Non-tenure generally involves:

A) No expectation of employment beyond the contracted year
B) A right to be provided reasons for non-renewal
C) A right to due process
D) A property right to employment

Question 5

Which of the following is not associated with non-tenured status:

A) Cannot be non-renewed without full due process proceedings
B) Provided a property right for the contract year
C) Offered a one year contract that may or may not be renewed beyond the contract year
D) Occupies probationary status

Question 6

Teachers may not be dismissed for:

A) Incompetency, insubordination
B) Neglect of duty and immorality
C) Disagreeing with the principal
D) Justifiable decrease in the number of teaching positions

Question 7

The courts:

A) Have been consistent in supporting school officials who dismiss teachers for homosexual behavior when it is disclosed
B) Have not supported dismissing teachers for divulging homosexual behavior
C) Have been inconsistent in handling dismissal based on homosexuality charges
D) Have failed to act based on public policy

Question 8

School boards may dismiss a teacher for:

A) Other good and just cause
B) Driving under the influence
C) Publicly criticizing school board decisions
D) Representing union concerns

Question 9

Which actions listed below will likely not be supported by the courts if the teacher is dismissed:

A) A teacher who executed an affidavit recounting her long use of marijuana
B) An unwed mother who was an effective teacher
C) Lying to attend a conference when permission was not granted
D) A teacher who underwent a sex change

Question 10

Criminal activity committed by a teacher will generally not fall into the category of:

A) General unfitness, immorality
B) Unprofessional conduct
C) Other good and just cause
D) Immorality

Question 11

Immorality is described as:

A) Unfitness to teach
B) Behavior that sets a poor example for students and violates moral integrity
C) Acts that offend the school board
D) All of these except C

Question 12

Which items below will not generally be required by the courts in addressing a Reduction in Force (RIF)

A) A bona fide financial crisis
B) A rational relationship between the benefits derived from dismissal and the alleviation of the financial crisis
C) A dismissal process based strictly on subject matter needs
D) A fair and uniform set of due process procedures applied to those dismissed

Question 13

Objective criteria used to develop RIF policies will not usually include:

A) Length of experience (seniority)
B) Race of teachers employed
C) Highest degree or certificate earned
D) Subject matter qualifications

Question 14

School districts should attempt to achieve staff reductions through:

A) Voluntary retirements
B) Resignations
C) Leaves of absence and transfers
D) All of the above

Question 15

Courts tend to have higher expectations of teachers regarding personnel conduct based on:

A) Their role model image
B) Their impact on children
C) Their years of experience in education
D) All except C

Question 16

An employment application can legally include an inquiry regarding weight if it is a necessary requirement for certain jobs.

Question 17

Tenure guarantees continued employment.

Question 18

Any teacher who earns tenure also acquires a property right.

Question 19

The probationary period is one in which the tenured teacher seeks continued employment.

Question 20

In rare cases, a teacher may earn tenure by default.

Question 21

Due process applies when a non-tenured teacher is not renewed.

Question 22

A non tenured teacher has a property during the contract period in which he/she is employed.

Question 23

Tenured teachers may be dismissed for specific reasons generally prescribed by state law.

Question 24

A tenured teacher may be dismissed any time during the school year.

Question 25

A non tenured teacher can be non renewed anytime during the school year.

Question 26

Fixed contracts for principals appear to be growing in popularity.

Question 27

Tenure laws do not typically include grounds for dismissal.

Question 28

A competent teacher is considered to be one who has the knowledge, skills, and intelligence of the above average teacher.

Question 29

Insubordination may occur when a teacher takes exception to his/her supervisor on academic matters.

Question 30

Immoral conduct is often tied to the ethics of a particular community.

Question 31

Criminal charges brought against a teacher can lead to dismissal.

Question 32

Dismissal for unfitness may not necessarily be tied to a criminal conviction.

Question 33

The courts view teaching as an exemplary profession.

Question 34

A teacher may be dismissed when he/she engages in criminal action only when there is a conviction.

Question 35

Other good and just permits a board of education to dismiss teachers for reasons not specifically referenced in state statutes.

Question 36

Teachers who engage in unlawful sexual conduct involving students will generally face criminal charges as well as revocation of the teaching certificate.

Question 37

The Fair Labor Standards Act applies to teachers who perform extra duty assignments that extend beyond the school day.

Question 38

The ______________ is designed primarily to provide a measure of security for teachers and to ensure that they are protected against arbitrary and capricious treatment.

Question 39

A board of education may dismiss a teacher for almost any reason so long as the reason is ______ and meets ___________ and __________________ requirements.

Question 40

The _______________ is one in which the non-tenured teacher is seeking tenure.

Question 41

A _______________________________ may be non-renewed at the end of the contract year without cause.

Question 42

_______ may be gained in some states if the statutory requirement regarding timely notice is not met by school officials.
Short

Question 43

Discuss property right associated with the acquisition of tenure. What is the relevancy of the concept to tenured teachers?

Question 44

Explain why non-tenured teachers have a property right during their employment contract for the specified year in which the contract is in force.

Question 45

Discuss the concept of tenure by default and its implications for school boards.

Question 46

Define the following terms:
a. incompetency
b. insubordination
c. immorality
d. other good and just cause

Question 47

Why is immorality more difficult to address than some of the other statutory causes for dismissal?

Question 48

Even though Lawrence v. Texas case did not involve teachers, what are the implications of this case for school officials regarding privacy rights of employees?

Question 49

What is a liberty interest and how might it apply in a case involving the non-renewal of a probationary teacher's contract.

Question 50

Discuss the legal requirements regarding a Reduction in Force plan.

Question 51

Contrast and compare contract cancellation and contract non-renewal.
a. Discuss the primary different in these two concepts.
b. What differences in legal procedures exist?
c. Under what conditions will legal procedures be essentially the same?
d. What is the primary advantage of having achieved a property right by the employee?
e. Under what conditions is a liberty right relevant?

Question 52

You are the school district's attorney. Your superintendent informs you that many school principals are not knowledgeable of reasons for teacher dismissal and the evidence which is required to support charges of dismissal. The superintendent wants you to make a presentation regarding these issues.
a. Discuss in detail reasons for dismissal, evidence needed to sustain charges and procedures which must be followed to ensure fundamental fairness.
b. Discuss the type of dismissal that could result in revocation of the teaching certificate.

Question 53

Discuss sexual abuse of students by teachers in the context of undermining the basic purpose of the educational system.
a. Does improper sexual behavior violate students' property interest in attending public school? Why? Why not?

Question 54

Discuss the relevance of the Fair Standards Act to the operation and administration of public schools from a personnel administration perspective.

Question 55

Develop a legally defensible documentation portfolio applying to teacher misconduct that reflects fairness to the teacher and protection to the school leader against charges of unfairness.