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Legal aspects of teacher dismissal for insubordination

Posted on:1989-02-14Degree:Ed.DType:Dissertation
University:The University of North Carolina at GreensboroCandidate:Singletary, Ronald BrooksFull Text:PDF
GTID:1476390017456124Subject:Education
Abstract/Summary:
Insubordination is often cited as the basis for the dismissal of employees and frequently appears among the causes for which tenured school employees may be dismissed. While the court's definition of insubordination in teacher dismissal cases has varied somewhat from one jurisdiction to another, the term includes a willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation, or order issued by the school board or by an administrative superior.;The purpose of this study was to identify and analyze historical and legal aspects of insubordination as a cause for teacher dismissal. The legal/historical research traced the chronological development of using insubordination as a reason for teacher dismissal encompassing the colonial period until the present. State statutes related to teacher dismissal were analyzed. Commonalities and unique qualities were summarized.;The analysis of insubordination dismissal cases demonstrated that although the concept of insubordination has been clarified by the courts, the domain of insubordination as a particular dismissal ground is by no means well-defined. There is considerable overlap with other charges, such as neglect of duty and unprofessional conduct.;Public attitudes and opinion were found to influence teacher discipline both directly and indirectly. Changes in the mores of society were found to effect developments in the law and disciplinary practices of school boards. Attitudes regarding forbidden behavior for teachers changed from the colonial period to the present.;In reviewing the court's reaction to challenges to the dismissal of insubordination, the study found that the key word in insubordination charges is willful. It implies an obstinate and perverse determination to follow one's own will, despite arguments and advice to the contrary. If a teacher intentionally violates school authority and if the regulations broken are reasonably related to efficient management of the school system, then the courts are likely to uphold the dismissal.
Keywords/Search Tags:Dismissal, Insubordination, School
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