What Comprises "Just Cause" for Termination in a 3020a Proceeding?
Broadly, three things: first, the district must prove you were warned about the alleged deficiencies and that you were given an adequate chance to improve, e.g., with district-provided assistance and training; second, the district must prove that you persisted in rendering incompetent service; and third, the district must show that you were insubordinate for not heeding your supervisors’ instructions to improve.
The “deficiencies” for which a tenured teacher can be fired are as follows:
- Immoral character
- Conduct unbecoming a teacher
- Neglect of duty
- Failure to maintain certification
- Physical or mental disability
- Corporal punishment
- Excessive absenteeism
- Verbal abuse
- Sexual contact/relationship
- Pedagogical incompetence
(Pedagogical incompetence is not defined in either the law or the regulations, but it is generally thought to include inability to control a class, failure to prepare required lesson plans, and neglect of duty.)