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TEACHERS AND THE LAW

TEACHERS AND THE LAW. Instructor: Kay H. Hunnicutt, Ph.D., J.D. @khh. Non-renewal and Dismissal. Bd. of Regents of State Colleges v. Roth-- -U.S Supreme Court decision

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TEACHERS AND THE LAW

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  1. TEACHERS AND THE LAW Instructor: Kay H. Hunnicutt, Ph.D., J.D. @khh

  2. Non-renewal and Dismissal • Bd. of Regents of State Colleges v. Roth-- -U.S Supreme Court decision -non-tenured teacher need not be given reasons for non-renewal unless non-renewal deprived teacher of “liberty” or “property” interest -statement of reason for non-renewal could result in teacher requesting due process

  3. REASONS FOR DISMISSAL OF TENURED TEACHER • Depends on state statutory provisions • Grounds for dismissal may include: -nonperformance of duty -incompetency -insubordination -conviction of crimes involving moral turpitude -failure to comply with reasonable orders -violation of contract provisions, local rules, regulations -persistent failure/refusal to maintain orderly discipline of students -revocation of teaching certificate

  4. DUE PROCESS HEARING • Procedural aspects of hearing must be provided to theteacher, i.e.-- !4th Amendment and A.R.S -proper notice -list of charges -names and nature of the testimony of witnesses -time and place of the hearing -compulsory process or subpoena requiring the attendance of witnesses -production of relevant papers/documents -a fair hearing -an opportunity for appeal

  5. FREEDOM OF EXPRESSION • Judicial view: “public employment is a privelege not a right” • Tenured Teacher’s Public Expression-- -Pickering v. Bd. of Ed. of Township High School District 205 • Non-tenured Teacher’s Freedom of Expression-- -Mt. Healthy City School District Bd. of Ed. v. Doyle

  6. ACADEMIC FREEDOM • Generally due to an incongruence between the school systems views regarding academic freedom and the teacher’s perception of autonomy • Appropriate Material-- -Fowler v. Bd. of Ed. of LincolnCounty -Cohen v.California -Boring v. Buncombe Cty. Bd. Of Ed. -Lacks v. Ferguson Reorganized Sch. Dist. R2 -Monteiro v. Tempe U.H.S. District -1st Amendment protection?

  7. ACADEMIC FREEDOM (cont.) • Political Speakers-- -Wilson v. Chancellor – banning all political speakers -1st Amendment rights?

  8. DRUG TESTING • Screening teachers- 4th Amendment protection vs. government’s interest in having a drug –free environment, e.g. testing without suspicion-- -Knox County. Ed. Assoc. v. Knox County Bd. Of Ed. -United Teachers of New Orleans v. Orleans Parish School Board -Hearn v. Savannah Bd. of Ed.

  9. Personal Appearance • Establishing a professional image, being a role model, and the maintenance of respect and discipline vs. a teachers’ right to privacy and liberty • Issues have included “long” hair, sideburns, beards, coats and ties for males and short skirts/immodest attire for females-- -East Hartford Ed. Assoc. v. Bd. of Ed. of Town of East Hartford

  10. TEACHER AS EXEMPLAR • Rules of Conduct for Teachers in W. Virginia in 1915: -not allowed to marry during the term of the teaching contract; -not allowed to keep company with men; -must be at home between the hours of 8 am and 6pm unless at school; -must have permission to leave city limits; -can’t smoke cigarettes; -not allowed to dress in bright colors; -not allowed to dye your hair under any circumstances; -must wear at least two petticoats; -dresses not shorter than 2 inches above the ankle.

  11. TEACHER AS EXEMPLAR (cont.) • Teachers expected to model dress, grooming, social amenities, and morals. -In re Grossman • Homosexual Teachers-- -Gaylord v. Tacoma School District #10 -Connick v. Myers -Glover v. Williamsburg Local School District Board of Education -Weaver v. Nebo School District

  12. TEACHER AS EXEMPLAR (cont.) • Adulterous Teacher-- -Erb v. Iowa State Board of Public Instruction -Goshe v. Calvert High School • Criminal Activities-- -Gillette v. Unified School District # 276 -Dubuclet v. Home Insurance Company -Kari v. Jefferson County School District

  13. TEACHER AS EXEMPLAR (cont.) • Impropriety with Students— -Barcheski v. Board of Education of Grand Rapids Public Schools -Knowles v. Board of Education -DeMichele v. Greenburgh Central School District # 7 -Howard v. Missouri State Board of Education

  14. Employment Discrimination • Impacting racial minorities, women, pregnant women, religious groups, older persons, and people with disabilities. • 14th Amendment constitutional protections • Other Protections-- -Civil Rights Act of 1964- Title VII -Sections 1981 through 1983 of Title 42, United States Code -Title IX of Education Amendments of 1972 -Americans with Disabilities Act of 1990 -Rehabilitation Act of 1973 (section 504) -Pregnancy Discrimination Act of 1978

  15. Employment Discrimination (cont.) • Racial Discrimination-- -Brown v. Board of Education -Firefighters Local Union # 1784 v. Stotts -Taxman v. Board of Education of the Township of Piscataway -Wards Cove Packing Company v. Atonio -Thomas v. Washington County School Board -Clark v. Huntsville City Board of Education -Fyfe v. Curlee -United States v. South Carolina -United States v. LULAC -Texas v. Project Principle

  16. Employment Discrimination (cont.) • Sex Discrimination-- -Marshall v. Kirkland -North Haven Board of Education v. Bell -Grove City College v. Bell -Schafer v. Board of Education of Pittsburg

  17. Employment Discrimination (cont.) • Pregnancy-- -Cleveland Board of Education v. La Fleur -Eckmann v. Board of Education of Hawthorn School District -Newport News Shipbuilding & Dry Dock Co. v. Equal Employment Opportunity Comm. -Dike v. School Board of Orange County -Wimberly v. Labor and Industrial Relations Commission of Missouri -Cameron v. Board of Education of Hillsboro, Ohio City Sch. Dist.

  18. Employment Discrimination (cont.) • Religious Discrimination-- -Ansonia Board of Education v. Philbrook -U.S. v. Board of Education for the School District of Philadelphia -E.E.O.C. v. Kamehameha Sch./Bishops Estate -May v. Evansville-Vanderburgh School Corporation

  19. Employment Discrimination (cont.) • Age Discrimination-Age Discrimination and Employment Act (ADEA), 1967- applies to state and federal employees & employers with at least 20 workers -Kimel v. Florida Board of Regents -Monnier v. Todd County Independent School District

  20. Teacher Bargaining • Statutes vary state by state • 70% of states have statutes providing for good-faith bargaining between local school boards and bargaining groups • Collective Bargaining vs. “Meet and Confer” (Az.) • Compulsory Dues-- -Lehnert v. Ferris Faculty Association

  21. Political Activities • Holding office while employed as a teacher • Issues-- -Employee’s 1st Amendment rights of freedom of expression and association; -Incompatibility of office provisions; -Conflict of interest provisions; -Nepotism provisions

  22. Political Activities (cont.) -Montgomery v. Carr- nepotism -Castle v. Colonial School District- teacher’s views on prospective school board members -State Board for Elementary and Secondary Education v. Howard- political patronage and influence • Arizona Revised Statutes- not on school property and not on school time

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