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

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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.)
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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
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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