Teaching can be a tough, complex job. Unlike most professions, it requires you to interact with minor students, parents, and administrators on a daily basis. Although you have fully committed your life to teaching, at some point in your career, you may be accused of wrongdoing or misconduct. An experienced education and employment attorney for teachers can assist in preserving your job and career. We have had the honor of representing teachers, administrators, and non-instructional school employees in dismissal proceedings for over 35 years. If you are an educator accused of wrongdoing or misconduct, please Contact Us for a free consultation.
Our Firm represents teachers throughout Florida. Some recent cases involving allegations of teacher misconduct handled by our firm include the following:
A teacher in Miami-Dade County charged with incompetence in the classroom
A teacher in Polk County charged with striking a student and using profanity in the classroom
A paraprofessional in Volusia County charged with inappropriately touching an ESE student
A teacher in Broward County accused of testing irregularities and making disparaging comments to students in the classroom
An administrator in Citrus County accused of failing to perform the essential functions of the job
A teacher in Orange County charged with failing to report suspicions of child abuse to the DCF hotline
A teacher in Palm Beach County charged with a crime
A teacher in Hillsborough County accused of being aggressive toward students
What Rights do Teachers have?
When an educator is accused of wrongdoing or misconduct, typically management or a district investigator will become involved. Law enforcement and a child protective services investigator with the Department of Children and Families may also become involved depending on the accusation.
If you are requested to provide a statement, it is vital you request representation before saying anything. Please note: If you are a member of the teacher’s union, you should immediately contact your union office. Anything you say can be taken out of context and used against you. Speak only with your union representative or attorney.
Loudermill Rights:
At some point you may be called to attend a Loudermill or pre-termination meeting with the district regarding the allegations against you. This due process meeting occurs before a public employee can be suspended or dismissed from their job. Typically, the employer presents their grounds for discipline, and the educator is given the opportunity to respond.
What you say at this meeting matters—Not only in your employment case but also in your future teaching certificate case with the Florida Department of Education. If you have a pending criminal matter, it is extremely important that you consult with an attorney. An experienced education lawyer can help you exercise your Garrity rights—If invoked correctly, the Garrity rule will prevent any statements made during a departmental investigation from being used against the educator in a criminal investigation or proceeding.
Rights to Appeal Suspension or Termination:
Did your superintendent move to suspend or terminate your employment? Your ability to appeal the discipline depends upon what type of employment contact you hold. There are three different types of employment contracts for teachers in Florida:
Probationary Contract- An employment contract for a period of one school year awarded to instructional personnel upon initial employment in a school district. Prior to attaining an annual contract, a probationary teacher may be dismissed at the discretion of the school district, subject to contractual and constitutional restrictions. The school district most likely does not need to provide the teacher with a just cause basis to terminate the contract, or a due process hearing.
Annual Contract- An employment contract for a period of no longer than one school year which the district school board may choose to award or not award without cause. Instructional personnel with annual contracts are afforded due process rights during the term of their annual contract.
Continuing or Professional Services Contract (PSC)- An employment contract that shall be renewed each year unless the district school superintendent charges the educator under 1012.34, Fla. Stat. Senate Bill 736, made it illegal for school districts to award any additional PSCs after July 1, 2011. Instructional personnel with a continuing or PSC have due process rights.
If you hold an annual or continuing employment contract, your district cannot suspend or terminate your employment without just cause. You have a right to a hearing to challenge the discipline to your employment and hold the district to its burden of proving just cause. There are three types of appeal hearings for teachers to challenge their employment discipline. What type of hearing a teacher is entitled to is dependent upon statute, rule, and the collective bargaining agreement:
School Board Hearing- A hearing where both parties have an opportunity make legal arguments, and to present evidence and witnesses before their school board. Ultimately, the school board will vote to either uphold or overturn the discipline. For example, teacher disciplinary hearings are before the school board in Hillsborough County and Citrus County.
Arbitration Hearing- An evidentiary hearing before an arbitrator from either the American Arbitration Association or the FMCS. Ultimately, the arbitrator will issue an award addressing the disciplinary matter. For example, teacher disciplinary hearings are typically before an arbitrator in Volusia County and Charlotte County.
Administrative Hearing- An evidentiary hearing before an administrative law judge from the Division of Administrative Hearings. Both parties have an opportunity to present testimony and evidence, and make legal objections and argument. After the evidentiary hearing, both parties submit legal briefs called proposed recommended orders. The administrative law judge will ultimately render a recommended order addressing the disciplinary matter. For example, teacher disciplinary hearings are typically before the Division of Administrative Hearings in Miami-Dade County, Polk County, Pinellas County, Broward County, Marion County, Monroe County, Palm Beach County, Duval County, Lee County, Collier County, Pasco County, and Manatee County.
An education lawyer with experience representing teachers at hearing and trial is crucial to ensure your employment rights are protected. An experienced education attorney will explain what to expect at trial, and will understand what is needed to fully prepare for the hearing—Preparation may include the review of discovery, contacting witnesses (the district may have ordered you to not contact potential witnesses), subpoenaing evidence or witnesses, presenting evidence and witnesses at trial, cross-examining witnesses, etc.
Oftentimes, how your district employment case is resolved will affect your teacher certification case with the Florida Department of Education. Your teaching certificate covers not only your ability to teach in your school district, but your ability to obtain a teaching position throughout Florida. This article outlines some of the due process rights of Florida teachers at the school level. When a school district receives allegations of teacher misconduct or wrongdoing, it typically forwards the complaint to the Florida Department of Education. From there, the Florida Department of Education opens an investigation against the teacher's Florida Educator's Certificate. An overview of the Florida educator certificate defense process can be found here.
This article is a very brief overview of some of the due process rights afforded to Florida teachers. There are many other nuances, rights, and defenses that will be discussed. This article is not meant to be relied upon as legal advice. Please seek our experienced education attorneys for the most relevant information based upon your unique circumstance. Contact us via email on our Contact Page for a free consultation.