The Termination Conversation
Termination often requires the documentation skills of Detective Olivia Benson and the mental and emotional fortitude of Joan of Arc.
Terminating a teacher's employment is one of the most challenging tasks that school leaders may encounter. Termination often requires the documentation skills of Detective Olivia Benson and the mental and emotional fortitude of Joan of Arc.
This article does not discuss all the work necessary before reaching a termination decision. In most states and contexts, a process is outlined by negotiated agreements, state law, and district guidelines. Instead, this article will include everything school leaders can do or consider when terminations happen.
All legal guidelines must be followed according to the state’s tenure laws. Although highly regulated to safeguard teachers' rights and ensure fair treatment, tenured teachers can still be terminated under specific circumstances. Terminating a teacher without just cause or proper procedure can lead to significant consequences such as back pay, reinstatement, legal liabilities, and damage to staff morale and the school's reputation.
Some states have significantly reduced tenure protections in recent years. For example, Indiana and Tennessee allow for performance-based reversion to probationary status, while Colorado permits school districts to place teachers on indefinite unpaid leave without cause or a hearing.1 Visit this site for the most up-to-date information about tenure laws.
Reasons for Termination
Performance-Based Reasons
Prevention is often the best approach to addressing performance issues that may lead to termination. School leaders and coaches are pivotal in setting clear teacher expectations regarding job responsibilities, performance standards, and professional conduct.
Teachers may be terminated due to incompetence, negligence, insubordination, or unprofessional conduct. Performance issues can include poor student outcomes, misconduct, or failure to meet expected standards.
Non-Performance-Based Reasons
Termination can also occur due to factors like disclosure of a felony conviction, budget cuts, health-related issues, or a technical challenge.
*Under the Americans with Disabilities Act (ADA) and similar laws, employers must provide reasonable accommodations to employees with disabilities to enable them to perform essential job functions. This means that if a teacher's illness or disability affects their work, school leaders should explore options for reasonable accommodations before considering termination.
Additionally, a Washington Post analysis identified 74 cases in the past two years where educators were fired from their jobs due to the culture wars, with teachers losing their jobs for behaving or speaking in accordance with traditionally conservative or liberal beliefs. I can’t even categorize this because it’s just stupid.
Navigating the Termination Process
Don’t do it alone. Involve supervisors, human resources, or talent department members, but keep information close to the vest.
1. Documentation and Review: Gather all relevant documentation related to the teacher's performance, misconduct, or other issue. Conduct a thorough review to ensure clear evidence supports the decision to terminate.
2. Legal and Procedural Compliance: Consult with legal counsel to ensure compliance with local laws, union agreements, and school policies. Follow established procedures, including providing written notice and conducting hearings if required.
3. Private Meeting with the Teacher: Schedule a private meeting to discuss concerns and allow the teacher to share their perspective. Clearly communicate reasons for termination, referencing specific examples and evidence.
4. Communicate Clearly: Notify all parties about the employment action, including the teacher themselves, HR, the superintendent’s office, and any external partners. Review all communication with legal. Most importantly, manage the communication at the school.
Managing Culture
Terminating a teacher can evoke a range of emotions for all parties involved, including sadness, frustration, and anxiety. During transition times, it's essential to prioritize the remaining staff members' well-being and morale.
Communicate openly about changes, provide opportunities for input and feedback, and reinforce a sense of unity and shared purpose within the school community.
Here are some things that you can say to other staff members about terminated staff:
"We want to assure everyone that the decision to terminate [Teacher's Name] was made after careful consideration and adherence to legal procedures."
"As a team, we remain committed to upholding the high standards of professionalism and excellence that define our school."
"While change can be challenging, we are dedicated to supporting one another and maintaining a positive learning environment for our students."
"Let's focus on the strengths of our team and work collaboratively to ensure continuity for our students."
“Our priority is to continue providing quality education and support for our students, and we will navigate this transition together."
The Termination Conversation
Terminating a teacher is undoubtedly a challenging and sensitive process, but it is also necessary to maintain a high standard of education and professionalism within an educational institution.
The Termination Conversation PDF
Termination Conversation
1. Opening and Welcome
Greet the teacher respectfully and thank them for attending the meeting.
"Good morning, <teacher’s name>. Thank you for taking the time to meet with me today. Today's goal is to discuss <incident> and what it means for you."
“I appreciate you coming in, <teacher’s name>. Today, we are going to discuss your employment here.”
“Hello, <teacher’s name>. This meeting is about your employment status at <district name>.”
2. Review of Central Issue/Performance Concerns
Discuss specific performance issues, central issues, or misconduct that led to the termination. Provide factual examples and reference relevant documentation.
Incompetence
"As we have reviewed, there have been consistent poor student test scores and negative feedback from both students and parents."
"Despite efforts to improve, there has been a lack of progress in student learning under your instruction."
Negligence
"There have been instances of failing to maintain a safe learning environment, which is a critical aspect of your role as a teacher."
"Over the past <timespan>, you have failed to follow school policies and procedures regarding student supervision despite reminders and training."
Insubordination
"Refusal to follow the lawful orders of your principal and other supervisors has undermined the authority and effectiveness of the school's leadership."
"Your unwillingness to comply with directives and guidelines set forth by the administration has necessitated action."
Unprofessional Conduct
"Reports of <unprofessional conduct> have raised serious concerns about maintaining a safe and respectful learning environment."
“Your behavior, which is not in keeping with the professional standards of teaching, has resulted in us needing to make a decision."
Felony Conviction
"The recent disclosure of your felony conviction has prompted us to review your suitability for continued employment."
"Given the seriousness of your felony conviction, we must address its impact on your continued employment."
Reduction in Force/Lost Allocation
"Our school district is facing significant financial challenges, and unfortunately, we must reduce our workforce."
"Due to a decline in student enrollment, we are required to make difficult decisions regarding staffing."
Illness or Disability:
"We understand the challenges you face due to <your illness or disability> and want to discuss how we can support you during this time."
“Your health condition has raised concerns about your capacity to fulfill the responsibilities of your position."
"We value your contributions but need to assess the impact of your illness or disability on your job performance."
Technical Error or Credentialing Issue:
“A technical error has been identified that requires us to review and address your employment status."
"Issues related to credentialing have surfaced that need to be resolved to ensure compliance with state regulations."
3. Teacher's Perspective
Whenever possible, allow the teacher to share their perspective or provide any explanations regarding the concerns raised.
"Before we proceed, I'd like to hear your perspective on the issues we've observed."
“At this time, I invite you to share anything we have missed related to this matter.”
“I recognize that some of these things may be out of our control. Is there anything that you wish to share?”
“Can you please share more about what occurred?”
“Please take a minute to share your understanding of what I just shared with you.”
4. Stamp the Decision
Clearly communicate the decision to terminate the teacher's employment. Explain the reasons for the decision, including how the performance issues or misconduct have impacted the school and students.
"After careful consideration and review of the facts, we have decided to terminate your employment."
"Your termination is based on the inability to meet the expected teaching performance standards."
“Your termination is a consequence of engaging in unprofessional conduct, including <infraction>."
"Your termination stems from <reason for termination>."
5. Legal and Procedural Details
"I want to ensure you know this termination's legal and procedural aspects."
"It's important to understand that this termination decision follows the legal guidelines outlined in our employment contracts and policies."
"We have consulted with legal counsel to ensure that all legal requirements are met in the termination process."
"Your rights and entitlements regarding final pay, benefits, and any post-termination procedures will be explained in detail."
"We will provide you with written documentation outlining the legal and procedural aspects of your termination."
6. Support and Resources
"We are here to support you during this transition and can provide resources to assist you."
"As you navigate this transition, we are committed to providing you with support and resources to help you find new opportunities."
"If you require references or letters of recommendation, we are happy to provide them to support your job search."
"Please let us know how we can best support you during this transition period."
7. Confidentiality and Communication
"It's important to maintain confidentiality regarding this matter, and we will handle communication about your departure sensitively."
"We will ensure that all communication about your departure is handled with sensitivity and discretion."
"Confidentiality regarding the details of this termination is crucial, and we expect all parties involved to respect privacy."
"Information about your departure will be shared on a need-to-know basis, with a focus on maintaining a professional and respectful environment."
“We encourage open communication but also emphasize the importance of maintaining confidentiality regarding this matter."
8. Questions and Clarifications
"Do you have any questions or need further clarification about the termination process?"
"Now is the time to ask any questions or seek clarification about the termination process or its implications."
"Are there specific details about the termination decision that you would like to discuss further?"
"We want to ensure that you fully understand the reasons for termination and the steps involved in the process."
"Your input and feedback are important, so please feel free to ask any questions or raise any concerns you may have."
9. Closure and Follow-Up
"To summarize our discussion today, we have addressed the reasons for termination, legal aspects, available support resources, and confidentiality measures."
"Moving forward, we will provide you with written documentation outlining the details discussed in this meeting."
"Please review the information provided and let us know if there's anything else you need from us."
10. Adjournment
"Thank you for your understanding and cooperation. We wish you the best in your future endeavors."
"Thank you for your professionalism and cooperation throughout this meeting. We appreciate your understanding of the circumstances."
"We understand that this is a challenging time, and we want to express our gratitude for your contributions during your time here."
"If there's anything else you need or if you have further questions after this meeting, please don't hesitate to reach out."
Conclusion
Terminating a teacher's employment is a complex and sensitive process that requires careful tip-toe through the tulips. School leaders can navigate this process with professionalism, fairness, and respect for all stakeholders involved. Remember, the goal is not simply to remove a teacher from their role but to ensure the well-being of students and uphold educational standards.
NEA. (2023, April 4). Teacher tenure & due process protections for educators. NEA. https://www.nea.org/resource-library/teacher-tenure-due-process-protections-educators