D-SPF 401-- The Teac.. - Arizona State University
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Transcript D-SPF 401-- The Teac.. - Arizona State University
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
-non-tenured teacher need not be given
reasons for non-renewal unless nonrenewal deprived teacher of “liberty” or
“property” interest
-statement of reason for non-renewal
could result in teacher requesting due
process
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
DUE PROCESS HEARING
Procedural aspects of hearing must be provided to the
teacher, 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
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
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 Lincoln County
-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?
ACADEMIC FREEDOM (cont.)
Political Speakers--Wilson v. Chancellor – banning all political
speakers
-1st Amendment rights?
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.
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
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.
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
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
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
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
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
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
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.
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
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
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
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
Political Activities (cont.)
-Montgomery v. Carr- nepotism
-Castle v. Colonial School Districtteacher’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