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TEACHERS AND THE LAW Instructor: Kay H. Hunnicutt, Ph.D.,

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Presentation on theme: "TEACHERS AND THE LAW Instructor: Kay H. Hunnicutt, Ph.D.,"— Presentation transcript:

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

2 Non-renewal and Dismissal Bd. of Regents of State Colleges v. Roth-- 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 -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 Depends on state statutory provisions Grounds for dismissal may include: 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 the teacher, i.e.-- !4 th Amendment and A.R.S Procedural aspects of hearing must be provided to the teacher, i.e.-- !4 th 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” Judicial view: “public employment is a privelege not a right” Tenured Teacher’s Public Expression-- Tenured Teacher’s Public Expression-- -Pickering v. Bd. of Ed. of Township High School District 205 -Pickering v. Bd. of Ed. of Township High School District 205 Non-tenured Teacher’s Freedom of Expression-- 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 Generally due to an incongruence between the school systems views regarding academic freedom and the teacher’s perception of autonomy Appropriate Material-- 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 -1 st Amendment protection?

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

8 DRUG TESTING Screening teachers- 4 th Amendment protection vs. government’s interest in having a drug –free environment, e.g. testing without suspicion-- Screening teachers- 4 th 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 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-- 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: 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. Teachers expected to model dress, grooming, social amenities, and morals. -In re Grossman Homosexual Teachers-- 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 Impropriety with Students— 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. Impacting racial minorities, women, pregnant women, religious groups, older persons, and people with disabilities. 14 th Amendment constitutional protections 14 th Amendment constitutional protections Other Protections-- Other Protections-- -Civil Rights Act of Title VII -Sections 1981 through 1983 of Title 42, United States Code -Title IX of Education Amendments of Americans with Disabilities Act of Rehabilitation Act of 1973 (section 504) -Pregnancy Discrimination Act of 1978

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

16 Employment Discrimination (cont.) Sex Discrimination-- 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-- 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-- 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), applies to state and federal employees & employers with at least 20 workers Age Discrimination-Age Discrimination and Employment Act (ADEA), 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 Statutes vary state by state 70% of states have statutes providing for good-faith bargaining between local school boards and bargaining groups 70% of states have statutes providing for good-faith bargaining between local school boards and bargaining groups Collective Bargaining vs. “Meet and Confer” (Az.) Collective Bargaining vs. “Meet and Confer” (Az.) Compulsory Dues-- Compulsory Dues-- -Lehnert v. Ferris Faculty Association

21 Political Activities Holding office while employed as a teacher Holding office while employed as a teacher Issues-- Issues-- -Employee’s 1 st 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 Arizona Revised Statutes- not on school property and not on school time


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