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.
In New Hampshire, tenured teachers who are terminated may appeal multiple times. After receiving written notice of dismissal, the teacher has 10 days to request a hearing, which must occur within 15 days. The school board must then issue its opinion within 15 days of the close of the hearing. The aggrieved teacher may then—within 10 days—file an additional appeal with the state board, which must issue a final decision within 15 days of the petition for review. Alternately, the teacher can request arbitration under the terms of a collective bargaining agreement. The grievance procedures that apply to arbitration can be bargained locally.
New Hampshire does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state 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. The state's new legislation requires that grounds for "nonrenomination or nonreelection" be decided by local school boards.
New Hampshire Statute 189:13, 189:14a; 189:14b SB 196
Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
New Hampshire should consider streamlining its process even more by disallowing multiple appeals. Further, the state should consider only permitting appeals through the state board, as the grievance procedures for arbitration can be locally bargained, which means that there is no assurance that such an appeal will occur within a reasonable time frame.
Specify that classroom ineffectiveness is grounds for dismissal.
Rather than leaving it up to local school boards, New Hampshire should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers.
Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently impact a teacher's right to practice. New Hampshire should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise.
New Hampshire was helpful in providing NCTQ with facts that enhanced this analysis.