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For this assignment I had selected the case available at the following address online: http://www.tea.state.tx.us/commissioner/1999/0391099.DOC which features the petitioner Diana Benavides who wants to appeal the decision of Austin Independent School to terminate her term contract.
The case showed how the school attempted to provide a teacher with a revised growth plan to improve her performance. After 1 year, the school proposed to terminate her contract. “The reasons for Petitioner’s proposed termination were: (1) inefficiency and incompetence in the performance of her professional duties; (2) failure to comply with official directives from administrative personnel of the district or with policy or regulations of the board; (3) failure to comply with such requirements as the board may prescribe for achieving professional education, improvement and growth; and (4) for other good cause as determined by the superintendent or by the board, good cause including, but not limited to, the failure of a professional to meet the accepted standards of conduct for the professional employee as generally recognized and applied to the Austin Independent School District.”
(http://www.tea.state.tx.us/commissioner/1999/0391099.DOC). The hearing examiner determined that a teacher deserved to be fired.
The teacher claims that the decision should be reversed because “(1) evidence of her “bad acts” occurring after Respondent voted to propose her termination and (2) various exhibits and testimony containing hearsay.” (http://www.tea.state.tx.us/commissioner/1999/0391099.DOC).
After extensive examination it was actually determined that the school had all the rights and reasons to fire the teacher after she was unable to perform well even after given an extra year to do so.
Compared to other less important matters (grievances) procedural due process was afforded as much as possible brining all the available resources to assess this matter. The teacher was entitled to bring a lawyer, and present evidence. There was really no need to call witnesses, or cross-examine the district’s witnesses. The case was based on achievements that were supported with documents that clearly stated that the teacher underperformed and thus did not perform her duties well.
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