Teacher Rights/Responsibilities

Due process of law:

The United States Supreme Court in the landmark Board of

Regents of State Colleges v. Roth, and Perry v. Sindermann cases

determined that post probationary or tenured teachers are entitled to

due process of law under the Fourteenth Amendment prior to being

terminated. Originally meant as safeguards against unjust incarceration.

Under federal law, only tenured or postprobatory teachers gain

due process protections under the Fourteenth Amendment, requiring

school districts officials to provide reasons and a hearing before a

teachers contract is not renewed.

There are two types of due process:

Procedural due process: encompasses the actual legal steps that

must be adhered to in court to ascertain the guilt or innocence of

an individual.
Substantive due process: does not include hearing.

The Supreme Court also determined in 1968 in Pickering v. Board of

Education that teachers enjoy minimally limited First Amendment right

to express opinions. Restrictions of speech were limited only criticizing

the actions of the school administration when such expression is found

to be detrimental to the actual operation of the schools.

Reasons for Teacher Dismissal

Inefficiency:

Inability to maintain discipline

 Intellectual inadequacies and deficiency in preparation
Improper teaching techniques
Refusal to accept teaching advice of supervisor
Emotional instability and lack of self control in the classroom
An undesirable attitude and a relative lack of achievement

on the part of the teachers students

Lack of knowledge required to teach ones students
Lack of ability to project knowledge effectively to ones

students

Neglect of Duty (persistent violation of school laws, rules, regulations, or

directives)

Tardiness
Failure to handle assignments given pursuant to school rules,

regulations, and policies, including co-curricular duties

Failure to complete lesson plans and reports required by the school

board, administration, etc

Insubordination (any persistent violation of directives by

administrators or supervisors)
Failure to allow supervisory personnel to observe him or her

in the classroom

Conduct unbecoming a teacher

Verbal or physical abuse of students

Abusive absence from work
Falsification of information, etc

Immorality

Sexual Assault, statutory sexual seduction

Battery with intent to commit a crime
Abuse, neglect or endangerment of a child
Incest
Open and gross lewdness
 Indecent or obscene exposure
Annoyance and molestation of a minor
Crimes against nature

RIF is defined in Nevada statute as a justifiable decrease in the

number of positions due to decreased enrollment or district

reorganization.

Nevada teacher evaluation summary:

Each school district must implement a performance evaluation policy for

teachers and administrators that comply with the system adopted by the

state board. A teacher who receives an evaluation of minimally

effective or ineffective must be evaluated three times in the

immediately succeeding school year. Overall performance shall be

determined to be satisfactory or unsatisfactory.

Postprobatory teachers shall be evaluated at least once a year and

probationary employees shall be evaluated three times per year.

A probationary teacher who receives an unsatisfactory evaluation may

request an additional evaluation be conducted by another administrator

in the school district chosen by the superintendent and the teacher.