This time each year, I often get questions from readers and clients regarding the requirements of the Arkansas Teacher Fair Dismissal Act (TFDA). As teachers, many of my readers and clients want to know exactly how the TFDA protects them, so I’ve decided to do a brief overview of what the TFDA requires and a summary of the steps teachers can take when faced with a possible suspension or termination.
First of all, just to clarify, the TFDA applies to all individuals employed by a school district who are required to hold a teaching license as a condition of their employment, except for superintendents and assistant superintendents. This, of course, includes more than classroom teachers. Principals, counselors, and specialists are all protected under the TFDA as well. For simplicity in this post, I’ll use the term “teachers” as inclusive of all those protected.
Second, a teacher’s contract is automatically renewed on the same terms and for the same salary, except for adjustments pursuant to the school district’s salary schedule, each year unless the teacher is notified in writing by May 1 that the superintendent is recommending nonrenewal of the teacher’s contract after the school year. A teacher has until 10 days after the end of the school year to notify the school district of his/her intent to resign, and at any point, the parties can agree to different terms for a new contract.
In general, school districts have the ability to reassign teachers, modify job descriptions, do away with certain positions, and create new positions, all depending on the changing needs of the district. Teachers are not entitled by law to the same job every year. They are, however, entitled to notification and the opportunity to be heard before the school board if the superintendent reassigns them to a new position and lowers their salary. A school district cannot force a teacher into a different job with different contract terms after the May 1 deadline has passed without giving them the opportunity for a hearing before the school board.
Third, a teacher can only be terminated during the school year for one of several reasons: (1) a reduction in force; (2) incompetent performance; (3) conduct that materially interferes with the continued performance of his/her duties; (4) repeated or material neglect of duty; or (5) other just and reasonable cause. These are broad categories, and almost any alleged teacher misconduct can be classified in at least one of these categories. The teacher must be notified of the recommendation and alleged grounds of termination in writing.
Fourth, a teacher can be immediately suspended if cause for termination exists and the superintendent believes immediate suspension is necessary. The superintendent must then notify the teacher within 2 days of the suspension in writing, again stating the grounds for termination and suspension. If a superintendent believes there are grounds for terminating a teacher during the school year, then the teacher will almost always be suspended pending the proceedings.
Once a teacher receives written notice of nonrenewal, suspension, or termination, the teacher can either accept the superintendent’s recommendation and resign, or he/she may request a hearing before the school board. When a teacher is suspended, the school district must continue to pay the teacher his/her salary until the school board either sustains the suspension or terminates the teacher. At no point can a teacher be suspended without pay before the school board has a chance to review the suspension. The teacher has 30 days from the date he/she received the written notice to request a hearing. On the date of the hearing, the teacher can request that the hearing be either open or closed to the public. The only grounds that the school board may consider in determining whether to suspend or terminate a teacher are those listed by the superintendent in the original written notice provided to the teacher. If the school board votes to suspend or terminate the teacher, the teacher may then choose to appeal the decision to circuit court.
This is only a brief summary, and does not address every situation. However, I hope that this information can equip teachers with the information necessary to make the right decision when faced with a notice of suspension or termination.
Jennifer, thanks for this nice summary of the TFDA. Could you give readers more information about the way a district’s Reduction in Force (“RIF”) policy might affect or be affected by the TFDA? I’m thinking especially of instances where a district decides to eliminate a particular job filled by a veteran employee. Some jobs do not carry clear descriptions communicated to the employee at the time of employment. (Theses might include “instructional facilitator”, “interventionist”, “literacy coach”, for example.) Can an employee be removed from the salary schedule, even though terms of the TFDA have not been satisfied, or even thought the district has not invoked its RIF policy for the entire district? Thanks!
I would also like to know the answer to the above mentioned question. My job is being eliminated after 10 years in the position.
I’m a second year teacher with great teaching evaluations. I unfortunately got on the wrong side of a board member through athletics. I have since been written up on bogus allegations which said I was not following directives which only applied to me and no other certified teachers. Can administrators fabricate insubordination claims in order to show paper trail to make their case for non renewal ?
Unfortunately, some probably do. The TFDA requires that problems be brought to your attention and steps taken to correct the problems prior to termination or nonrenewal. For write-ups or reprimands, I always recommend that teachers write a detailed rebuttal for their personnel file.
I understand that under the teacher Fair Dismissal Act 6-17-1506-Contract renewal-Notice of nonrenewal- Rescission that I have ten days after the end of the school year to unilaterally rescind my contract. My questions is whether or not the ten days mentioned include non-business days.
I found a the following:
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
I believe what you’ve found comes from court rules, which don’t apply to state statutes. It’s my understanding that the 10 days mentioned in the TFDA means 10 calendar days.
I recently tried to resign from my current teaching position and was just past the ten day period. I’m being told that I must stay and can not get out of my contract. I’m giving the school ample time to find a replacement for me, but they disagree. My contract itself does not state a time period so I was unaware that I would be held to it. Is there anything that protects me from the district basically holding me hostage? Your insight is greatly appreciated!
In general, after the ten-day grace period is over, the district can refuse to allow you out of your contract. Obviously, they can’t make you come to work everyday, but they can initiate termination proceedings if you don’t, which will be part of your personnel file and may affect your future job opportunities. The most immediate consequence, however, is that if you sign a contract for this school year with another school district, your current district can require reimbursement of your salary from your new district, so most districts won’t hire you before you’re released from your contract. If you plan to teach at a private school, out-of-state, etc., it may not affect you. Of course, the district could technically bring a breach of contract action against you, but in reality, that’s pretty rare.
I was terminated Aug. 19, 2013 for violating the “Drug-Free” policy. I had good to great evaluations and many sick/personal days. I did not know that particular policy. I was employed for (7) seven years as an assistant principal of middle school. Before that I was a successful teacher and bus driver. I called for a hearing, which was a farce. My attorney as since been disbarred and was more harm than good. I need to know if I have the right to get my personnel records. Also, I may need representation.
You always have the right to your personnel records. Because your termination is final, those are actually public record. You just need to request those in writing.
May I request that my personnel records be mailed to me? Also, to whom should I send the letter?
I have requested and gotten my personnel records. My evaluations are not included and a district rep. says that they have been shredded. I was terminated Aug. 19, 2013. Is that legal?
Unfortunately, it’s not uncommon for school districts to lose personnel records.
What if they fail to deliver a letter in 2 days?
How are superintendents protected if they aren’t covered under this TFDA?
Superintendents don’t have the same statutory procedural safeguards as teachers and principals. It’s simply a contractual relationship.
So, this applies to CERTIFIED personnel. What about CLASSIFIED (Parapros, Technology Directors, etc – not required to hold license)? Many schools follow TFDA for those folks, but are they required to do so for those persons? Thanks!
There are specific statutes that relate to classified personnel. They’re similar in nature to the TFDA. If you need help finding those statutes, let me know and I can get those for you.
What, if anything, is a district required to keep in your personnel file?
A personnel file should contain a teacher’s credentials, copies of contracts, evaluation results, and any disciplinary notices, in addition to any written rebuttals submitted by the teacher in response to any of these items.
Is a teacher within their right to request a copy of their personnel file at any time?
Yes, a teacher can request their personnel file anytime.
Hello! I have a question, My school district made employees sign contracts in April. My job is 30 minutes away from my hometown. I interviewed for a position in my hometown. They want to hire me but is skeptical because I have already signed a contract with this school district. Don’t I have 10 days after the last day of school to resign?
I am Mid-Level certified 4-8, and after three years of teaching in my district within my certification the district transferred me to the high school, which is out of my licensure area. I was placed on an ALP, I have taken the secondary content test for math several times and while my scores get better each time, I have not been able to pass, additionally I have paid for the praxis four times, for an audit college class of College Algebra, and tutoring to the tune of $1000 in expenses. I am evidently on a one-year-only contract, and have been notified to apply for jobs within district, and get a letter of recommendation from my principal. I have done so, and requested a meeting the the superintendent over HR. I have yet to hear back from anything. My understanding is a one-year-only contract does not require the district to find me a position, but since I have been with the district now for five years and they transferred me out of a job that I was HQ for things should be different for me. What is your advice?
I can’t give specific advice on this without reading your contract, knowing your licensure areas, why you were reassigned, etc. If you’d like to discuss more specifically, call our office and we can schedule a consultation.
If I give a written reprimand to a certified employee, how many days must I give them to submitt a rebuttal?
State law doesn’t require a certain amount of time. It just says that teachers have the right to submit a rebuttal to anything in their personnel file. Check your personnel policies to see if there’s a time limit listed there. If not, I think you should give as much time as they need. It shouldn’t make much difference to the district. As long as you’ve followed your disciplinary policies and the teacher has signed stating that they’ve received the reprimand, you can go ahead and put it in their personnel file, and add the rebuttal whenever you receive it.
What does “incompetent” mean in regards to a teacher’s performance? As we all know every teacher has a bad year and if you have a principal who is not willing to budge on policy of lack of growth shown for one of 4 years teaching can he/she submit a request for non-renewal of contract after the May 1 deadline to the superintendent? If so how long does a teacher have to appeal said non-renewal recommendation after it is processed in order for it to not show on his/her personnel file? Additionally if a teacher has a termination on his/her personnel file does this mean that he/she could possibly lose his/her teaching license? Does the principal/HR have the right to force a teacher’s hand in resignation by telling him/her that he/she might want to resign their position in order to keep it out of their personnel file? Is there a time limit as to how long a teacher can file a grievance/civil law suit against a principal for violating his/her HIPPA rights?
A district has to notify a teacher of nonrenewal by May 1, but can terminate the teacher during the contract year for cause. A teacher has 30 days after receiving a notice of nonrenewal of termination to request a hearing before the school board. A termination is not grounds for revocation of licensure, but if the grounds for termination are inappropriate conduct or ethical violations, then the district may submit an ethics complaint against the teacher to the Dept. of Education. Choosing to resign in lieu of facing termination proceedings can be an option for some teachers, as a termination could affect your future job opportunities. You’ll have to check the district’s handbook for grievance procedures.
Can your position be terminated after May 1 if you fail to return a signed contract by a district set deadline?
You have 30 days to sign the contract. If you don’t sign within that time frame, I would think the district could rescind the offer. This may depend on the circumstances though.
If an educator or teacher commits an infraction that warrants a suspension with pay. What is the possible or probable punishment that the superintendent will recommend?
That would depend on the infraction that led to the suspension. The Superintendent can suspend a teacher for a specified period of time without pay, or s/he can recommend indefinite suspension or termination to the school board.
I have taught one full year and now reaching December of my second year. I am in the same district, however, my school shut down last year so I was placed in another location. My first year was very successful with only outstanding reports from my principal. This year I unfortunately just don’t fit in this particular school. The principal has give me a written reprimand. He never gave me a verbal or written warning just went straight to this. My computer crashed Monday morning and after an hour of our technology coworker we had no luck so by 8:00 he came in and I let him know the situation he responded “well can you pull them up on a different computer?” My grade level works together and so I told him I could get the main plans out of my email from the students computer. It had my coworkers name on top and he reprimanded me for “unprofessional conduct falsifying a document as my own”. I have no clue who to talk to about this and if I am wasting my time.
I was suspended for “one thing” in the original written notice that they gave me on the day of suspension (Apr 4) and they walked me out. One month later they sent me a Recommendation of Termination letter stating 5 other infractions. Is that legal? I thought the Board is suppose to only decide on the “original” letter of suspense.
I was also terminated after May 1st. Does this have any bearing on my case?
Superintendents can generally issue new letters recommending termination to add additional “reasons” for the recommendation. It just starts the timeline over, so you have 30 days from the date of the latest letter to request a board hearing. There’s no requirement that a board can only consider the original letter. The May 1st deadline doesn’t matter for terminations, only for non-renewals. And unfortunately, even if there were problems with the way your district terminated you, it’s probably too late to do anything about it six months later.
Personnel files: I am retiring. Can I request to take my file with me?
Is there any need for the district to keep it?
You can certainly request a copy. The district will most likely keep a copy, at least for a while.
What actions can a teacher take if they are terminated under (2) incompetent performance. What proof does the school district have to obtain to substantiate this claim? When does it become a rights violation?
There’s no statutory level of proof required for performance-based terminations. The Superintendent does have to show that the teacher received notice of that he/she was not meeting expectations and that steps were taken to help the teacher correct the problem. Whether a termination rises to the level of a constitutional violation is highly dependent on the facts of the case.
According to the Teacher Fair Dismissal act, after May 1, a teacher cannot be removed from a position and placed in another position. For example, if a teacher is teaching in a second grade position from Aug. 13 until now, October 16, then that teacher cannot be forced to move to a 6th grade position in the middle of the year, even though the contract states “other duties as assigned,” and technically does not state a grade level position. Is this true?
Teachers can be reassigned positions during the school year. The TFDA does not prohibit that. The TFDA only applies when there is a salary change that is detrimental to the teacher. If the Superintendent reassigns you and lowers your salary, then the TFDA protections apply. If there is no change in salary, you can be reassigned as needed based on your credentials.
So basically your last statement of paragraph 4 is an untrue statement?
What I meant in paragraph 4 is that teachers can’t be forced into different jobs with different contract terms, i.e., salaries, stipends, etc., after May 1 without the opportunity for a hearing. I see how it’s not clear in the paragraph as written. I’ll edit the paragraph for clarification.
My school is under state takeover and under TFDA. I accepted an interim coaching position that increased my salary for the year. Before the season was over they begin advertising to fill the position. It is May 15 and I have yet to receive a letter saying I will be reassigned or not be contracted for this position. Does TFDA apply to this situation. Do I have the right to request the same salary I made for the interim coaching position since I didn’t receive a written notice from the superintendent by the May 1st deadline?
Your contract is automatically renewed on May 1 for the same salary and terms as the previous year. If you knew the position was interim only, this may not apply, depending on how your contract was written.
What constitutes a grievance under the fair teacher dismissal act?
What to do about a very unprofessional principal not going through chain of command. Believing in students who are mad at me for misbehaving in my classroom. Although I had given several warnings to correct their behavior. Instead of coming to me to see what is really going on. Constantly bullying me by nit picking every little thing I do. My colleague’s have even asked me why is she constantly on me. Tells me she has had complaint on me but will not tell me who that person was. I never know of any complaints made until later when she has called me in for absolutely nonsense! Shouldn’t she use chain of command. I have never had a parent come to me with a complaint! I think she is making up lies or she is absolutely leaving me in the dark. She has talked to other teachers about me! They have told me! She has even talked to me bad mouthing teachers! She has run off some really great teacher’s, and they have written grievances and turned into admin. No changes in her behavior at all. I could give you so many instances that has been so unprofessional of her, but it would take me forever. Also, she has made sure her friend’s are in hired and put in her building. Another question that I have is it not nepotism to have her sister working under her?
If you’re having trouble with your supervisor, I would suggest having a conversation with her, your assistant superintendent and/or superintendent. You can go through your school’s grievance procedure, but sometimes a simple conversation will do. If there are others that are affected by her behavior, that always helps.
Can a school district reduce pay rate for a bus driver from previous year, driving same route, if presenting new contract on May 21st?
The Teacher Fair Dismissal Act requirements do not apply to positions that do not require a teaching license.
What are the consequences of a teacher resigning during the school year (breach of contract)? I was employed at a school that was a terrible fit for me, so much so that the experiences there led to suicidal thoughts, weekly panic attacks, and daily anxiety attacks. Similar to someone else’s comment above, students were angry for the consequences of acting up in my class and not being handed a good grade as their other teachers often did. Because of this, they would tell their parents lies about things that allegedly happened in class so that their parents would call the principal. I was called to the office during the school day and told that because of [x incident] I would be suspended with pay effective immediately. I then told the principal that I was planning on speaking to her at the end of the day about submitting a formal letter of resignation (which was true, I had already typed it up). She accepted the letter and I was dismissed, but she stated that she would not give me a poor reference in the future as she understood the school was not the right place for me. My question now is, can I apply for positions for the upcoming school year? I have been told by some that I will be required to miss the rest of this school year and the entirety of the subsequent year. I have been told by others that as long as they do not pursue any kind of consequence, I am free to apply for the next year. Thanks so much for your help.
If your administration accepted your letter of resignation, there are no further consequences. You can seek employment wherever you’d like.
It is stated in the law code that you have 10 days “after the last day of the school year” to resign or rescind your contract. Does this 10 day period begin at the last day for students or the last contract day for teachers? The code doesn’t state which and is unclear.
The statute says a teacher may rescind any signed contract within 10 days after the end of the school year. The “end of the school year” is not defined in any more detail, but I would take that to mean the last day of school for kids.
Can a superintendent change terms of your contract after you have signed it? I signed my contract thinking that I would be working 7:30 to 4:00, and now, without prior notification, my schedule has been “adjusted” to 6:30 to 9:45 then lunch 9:45- 11:45, then 11:45 to 4:30. I wasn’t given my new proposed schedule until the 1st day of school. How is this okay?
It’s been far too long to have done things in the proper order but I’d like to tell my story as I feel I have been done wrong. Completely manipulated by my building admin in Springdale Arkansas
I was an elementary school teacher for 17 years, and after my last year in Springdale,2012, I had a massive stroke. I was in the hospital for almost 3 months recovering. I filed for a leave and was granted the time. I was released from hospital in September but still under dr orders. I filed for disability and do receive that. My principal asked me in March if I wanted to return. Yes, I did but had not been released back to work by dr orders until August. By then it was too late. My podition had been filled. My principal talked to me about teacher retirement on disability. That went through but my ultimate goal was to be back in the classroom. A few weeks later I was asked to write a letter of resignation. That I had to do this before I could retire. Turned out that my assistant principal wrote the one sentence for my resignation and told me to sign it. I reminded her I wanted to come back. She agreed. I signed and have now never received a position to teach again I still have no idea why I was asked to resign and I was never asked by form of written representation nor ever asked by the super to do so. I feel like I was manipulated into doing something I should have been more informed about and feel I should at the least, be paid the year’s salary