INSUBORDINATION AS A BASIS FOR THE DISMISSAL OF PROFESSIONAL EMPLOYEES OF THE PUBLIC SCHOOL

The purpose of this study was to provide educators with a comprehensive reference work defining and detailing the use of insubordination as the basis for the dismissal of public school teachers. This was a library research study involving the identification, selection, analysis and organization of applicable court decisions, legal matters and related literature.;Court cases in which insubordination was established as a ground for dismissal was examined and categorized. It was found that in dismissal cases involving public school teachers, insubordination was not sufficiently present or established when one or more of the following circumstances was present: the alleged misconduct was not proven; the existence of a pertinent school rule or a superior's orders were not proven; the pertinent rule or order was not violated; the teacher tried, although unsuccessfully, to comply with the rule or order; the teacher's motive for violating the rule or order was admirable; no harm resulted from the violation; the rule or order was unreasonable; the rule or order was invalid as beyond the authority of its maker; the enforcement of the rule or order revealed possible bias or discrimination against the teacher; or the enforcement of the rule or order violated the First Amendment rights of free speech or academic freedom.;Case law involving the use of insubordination in public school teacher dismissals was grouped into eight general subject areas: personal appearance and grooming; residency requirements; professional growth; unapproved leave of absence; excessive punishment; curriculum related matters; seditious activities; and personnel conflicts.;The following guidelines and legal parameters were formulated with respect to each party's rights and responsibilities before and after any legal action involving insubordination: there must be a legally permissible cause; due process must be afforded; proper observation and evaluation techniques must be used; there must be good and substantial evidence; and there is a requirement of good faith on both sides.