2011 Exiting Ineffective Teachers Policy
The state should articulate that ineffective classroom performance is grounds for dismissal and ensure that the process for terminating ineffective teachers is expedient and fair to all parties.
New legislation in Indiana ensures that teacher ineffectiveness is grounds for dismissal. A tenured teacher reverts to probationary status if the teacher has received "a rating of ineffective in an evaluation," and can be subject to contract cancellation for a "rating of ineffective in the year immediately following the teacher's initial rating of ineffective."
Although the state has attempted to address issues of due process and dismissal by reverting ineffective teachers to nonprobationary status, Indiana retains policy that does not 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 include " immorality, insubordination, justifiable decrease in the number of teaching positions, neglect of duty, conviction of a felony, other good or just cause, or incompetence—which includes an ineffective designation on two consecutive performance evaluations or an ineffective or improvement necessary rating in three years of any five year period.
Indiana has a streamlined appeals process. After receiving written notice of dismissal, the teacher may—within five days—request a private conference with the superintendent, which must occur with 10 days of the request. The superintendent makes a recommendation to the governing body of the school corporation following the conference. An additional meeting—requested within five days of the initial meeting—with the governing body is also permitted. The governing body's decision is final and must be made within 30 days of the request.
Indiana Code 20-28-6-7.5; 20-28-7.5
Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
Indiana is commended for streamlining its dismissal process and for ensuring that ineffectiveness is grounds for dismissal. In the future, the state could look to differentiate due process rights between loss of employment and issues with far-reaching consequences—such as felonies—that could permanently impact a teacher's right to practice. It should be clear that classroom ineffectiveness is grounds for dismissal for any teacher, regardless of tenure status.
Indiana recognized the factual accuracy of this analysis.