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Legal Considerations In Education: Teacher Conduct, Student Rights, And Special Education Policies

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    Legal Considerations in Education: Teacher Conduct, Student Rights, and Special Education Policies LAW ANSWERS The most important information needed to support a possible termination is the fact that the teacher’ s conduct has affected the studies of the students and it made a bad impact on other teachers as well. The evidences of his unsatisfactory performance can be shown in the records as he has repeated his conduct without listening to the warnings given. The teacher should be given several warnings and if he has not responded positively to them, then he is liable to action. The teacher can also be reprimanded for wasting the time of the students and making a bad impression on the reputation of the school. The written notices should be issued to him before the final action and those notifications can be counted as a support for possible termination. The most important reason however is the period of time he has been practicing his misconduct which is a span of two years. All these reasons are supportive in resulting a termination.

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    The grounds on which a permanent certificated employee can be dismissed are continued dismissal of the warning of the authorities. The serious matters include non compliance of the authorities. The present case includes the long term negligence on the part of teacher for a serious breach of disciplinarian conduct of coming late in the classes and affecting the studies of the students. This also has a negative impact on other employees and thus it should not be tolerated. A permanent certificated employee has more credibility than the non certified one, he also has to comply with more responsibility and hence it is difficult to remove them easily as well. This can be deterrence in the dismissal, which in the present case accounts for the longer stay of the teacher even after conducting non disciplinarian ac tions continuously for two years. Thus, the grounds are somewhat lenient for a permanent certificated employee in California. The court asks for a continued ignorance of the warnings from the authoritie s by the teacher. The teacher should not have complied for a longer duration of time, since it is the case of a permanent certified employee. This might be the reason that the teacher kept ignoring the warning and notices because of his permanency in the job. His continued adversities remain the high point in court for non compliance by the authorities. The fact that his continued misconduct has affected the students as well as teachers is a proof for his tardiness and absences. The teacher is a bad influence on a disciplined environment of the school. The court can ignore the mistakes for a few times for a permanent certified teacher

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    but in the current case the non compliance was almost for two years which is a big time and it establishes that the teacher has no intention to reform and he might not even realized his mistake. The criteria used by the courts to determine if a teacher is unfit to teach and should be dismissed are the behavior he showed from the past. The number of complaints and notices of misconduct issued to him. The court judges t he intention of the teacher to comply or defy the authorities and the duration of non compliance. A permanent certificated teacher is not dismissed on a first mistake rather he is given many chances to improvise. The current case is clearly of non compliance on the part of the teacher. He is warned and instigated for so many times for his non disciplinarian conduct but he seem to ignore all the notices issued against him rather he appears to have no intention of even being sorry for his conduct as shown by his repetitive actions thus after two years of watching his actions even after being a permanent certificated employee he should be dismissed and due to his unethical conduct can be considered misfit to teach. It is necessary to show that the teacher was tardy and absent for more than a number of times as he was in a responsible position, and to support his dismissal there should be sufficient reason for his termination. It is a mandatory constraint to give in writing before the court that he continued his actions even after warnings and notices and this continued for a longer period of

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    time. The number of times the actions were repeated gives a glimpse of the intention of the teacher that he did not wanted to change. The criteria of dismissal of a permanent certified teacher should be more than just counting the number of time she has repeated acts of tardiness and absenc es. It is also required to be proved before the court that his intention was affecting eth environment of the school. the students were getting affected as well as his indiscipline was having a bad effect on other teachers who were having good behavior. The procedures for dismissing a teacher in California are to produce a continued list of misconduct on the teacher’s part. The permanent certified teacher should have a record of poor conduct and indiscipline behavior which can affect the fellow colleagues as well as the students. The teacher is issued many warning before the actual dismissal as the teacher should be feeling alarmed on his dismissal. He should be given severe warnings so that the teacher should be prepared and responsible for the implications. When the teacher continued to carry on with the misconduct the he should be given notice of termination fully specifying the reasons for his dismissal. There should not be any claim from the teacher which shows that he was not informed about his wrong behavior. There is a lot of warning given before the actual dismissal.

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