Tenure is a position aspired to by all beginning teachers. Tenure is a form of job security that teachers can earn after they reach a certain level of professionalism (Scott, 1986). Once a teacher has earned tenure they are able to maintain an ongoing employment contract within an educational system, as long as they abide by the rules and regulations outlined in their contract.
Many states have created tenure policies to protect competent teachers from malicious accusations, and these policies can vary state to state. In this report there will be an exploration on the tenure and termination policy as it applies to the state of New York, an examination on an allegation against a school teacher based on facts and details provided, a review of the investigative process as it pertains to state law, and an outline on the various steps taken by an administrator in addressing this situation.
Overview of Statutes and Case Law in New York
Tenure is a policy that has been designed to protect teachers from false accusations and various injustices that may take place throughout ones career. For example, one of the rights afforded a tenured teacher is they cannot be discriminated against based on their personal views or belief systems outside of the educational arena. Also, they cannot be terminated without full due process. Tenure will not, however, protect educators who are incapable, ineffective, or are in violation of school board rules (Essex, 2012).
Based on the tenure in New York, Code-Section 3012, it stipulates that teachers will have a probationary period of three years, with the exception of a teacher who has demonstrated satisfactory service as a regular substitute for a period of two years (FindLaw, 2014...
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Justia U.S. Law. (2009). Maier v. Canon McMillan School District. Justia U.S. Law. Retrieved from http://law.justia.com/cases/federal/districtcourts/pennsylvania/pawdce/2:2008cv00154/84670/105.
Leagle (1974). Stoddard v. School District. Leagle. Retrieved from http://www.leagle.com/decision/19791419590F2d829_11235.
McCarty, K. (2007). ORL RESEARCH REPORT. Penalties for Consensual Sex between a Teacher and Student. Retrieved from http://www.cga.ct.gov/2007/rpt/2007-R-0710.htm
The Huffington Post. (2012). 16 New York teachers accused of sexual misconduct still teaching, city struggles to fire them. The Huffington Post. Retrieved from http://www.huffingtonpost.com/2012/04/06/16-new-york-teacher-accus_n_1409184.html.
Yuma School District ONE Discipline Policies and Procedures 2013-2014 School Year. Retrieved from http://www.yuma.org/
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