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School Law Chapter 4: Teachers

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Chris Adams

on 9 April 2013

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Transcript of School Law Chapter 4: Teachers

School Law for Teachers A presentation by
Chris Adams -
future school law aficionado. The Union Teachers as Exemplar Academic Freedom Nontenured Teacher's Freedom of Expression Nonrenewal and Dismissal What due process was Roth owed?
Roth was hired as an assistant professor at a university under a one year term contract, but his contract was not renewed. Roth brought a suit against the university saying that he was denied his right to due process, because he was never given the reason for their decision to not rehire. Roth added that his contract was not renewed to punish him for something he had said that was critical of the university administration. The university believed they did not need to allow a hearing, because Roth was only hired for one year and had no tenure rights.
What does it mean for his due process if he was not tenured?
What do you think the outcome was?

*Liberty Interest: infringement of liberty interest if employer's actions 1) resulted in damage to person's reputation or 2) imposed a stigma that foreclosed other employment opportunities. Board of Regents of State Colleges
v. Roth Freedom of Expression Did the individual demonstrate that his or her speech address a matter or matters of public interest and concern?

Did the individual demonstrate that his or her speech was a significant or motivating factor in the employer's decision? How can you be dismissed? NonTenure The 14th Amendment guarantees that no state shall "deprive any person of life, liberty, or property without
due process of the law."
Courts have established that a person's interest in public employment entails "property" and "liberty" rights.

To claim property right, must have more than an "abstract need or desire", and "legitimate claim of entitlement".

Courts generally hold that teachers facing a severe loss
such as termination must be afforded
full procedural due process. 14th Amendment
Due Process Clause
Notice: timely, informs of specific charges, allows sufficient time to prepare a response.

Hearing: some type of hearing before the decision is made. Must include notice of hearing, ability to waive hearing, and be an impartial hearing.

Evidence: school board must provide proof of cause for dismissal. What due process
is owed? Immorality Insubordination Oh yes, there's more! “Actions directly related to the fitness of educators to perform in their professional capacity.”

Mitch is an elementary school teacher. He dislikes the behavior of his student Jimmy. So, he puts a dunce cap on Jimmy. Unprofessional Conduct Neglect of Duty Other good and just cause Reduction-in-force Chris is a chorus teacher who does an excellent job. The school decides that they no longer have enough funds for a chorus program. Chris doesn't get fired, his job is dissolved. "The release of teachers for reasons related to declining enrollment, financial exigency, and school district consolidation." Hey honey, so I lost my job today. Hey honey, so
you lost your
wife today. Harrah Independent School District v. Martin Harrah Independent School Disctrict requires teachers holding only a bachelor's degree to earn five semester hours of college credit every three years. Martin, a teacher employed by the district, persistently refused to comply with the continuing education requirement. Therefore, the school board did not give her the salary increases she was due for two years. After renewal of the teacher's contract for the 1973-1974 school year, an Oklahoma law was enacted which mandated salary raises for teachers regardless of their compliance with a continuing education policy. The school board notified the teacher that her contract would not be renewed for the 1974-1975 school year unless she completed five semester hours by a designated date in April of 1974. When the teacher failed even to enroll in the necessary courses by the designated date, the school board voted not to renew the teacher's contract because of a "willful neglect of duty". The board notified Martin that her contract would not be renewed and her right to a hearing. She received a hearing, where they upheld the decision. She then brought action against the school district claiming her 14th amendment rights.
Was she denied due process?
What are her rights as a non-tenured teacher? Loudermill v. Cleveland Board of Education Review Time Tenured Teacher's Public Expression Name Three grounds for teacher dismissal What should I wear today? We want 'Rent'!! Ok, please don't sue Do you think this musical is appropriate and should principals be involved
in picking musicals? http://theater.nytimes.com/2009/02/27/theater/27rent.html Movies: teaching tool or extra planning day? http://mountpleasant-sc.patch.com/articles/teacher-resigns-in-movie-scandal Political Speakers Who has the power in schools? Drug Testing Do you think that teachers should be tested for drugs? Every drug or just illegal ones?

Would you submit to testing?

Do you consider it a violation of your rights? Exemplar Private Lives/
Publilc Lives Criminal Activites Motherhood Pregnancy Homosexual
Teachers Should this invidivdual be allowed to teach? Should this individual be allowed to teach? Balancing our past, our privacy, and our rights Sex Discrimination Employment Discrimination ex·em·plar noun \ig-zem-plär, -plr, eg-\

Definition of EXEMPLAR

one that serves as a model or example

a : an ideal model

b : a typical or standard specimen Sanctions cannot be imposed based on disapproval of a teacher's lifestyle. Personal Liberty is implied in the 14th Amendment.
Out-of-School Lifestyle
breast feeding
pregnancy (married/unwed)
criminal acts
homosexuality Dubuclet v. Home Insurance Company (Louisiana Court of Appeals 1995)

Teacher pled guilty to possession of marijuana and cocaine in a criminal proceeding. He was not reinstated in his teaching position after his criminal record was expunged. An expunged record does not erase the committed act! Dike v. School Board of Orange City, Florida (1981)
A teacher arranged to have her child brought to school each day during her duty free time so that she could breast-feed. It was found this was constitutionally protected. Cleveland Board of Education v. LaFluer (1974)
The Supreme Court struck down regulations that required pregnant teachers to take a four month leave of absence before expected birth and remain on leave for several months after birth. Brown v. Bathke (1976)
Unwed pregnant teacher was dismissed.
The teacher was popular with the students so
the court determined that her effectiveness as
a role model was not diminished by her condition.

Erb v. Iowa State Board of Public Instruction (1974)
Supreme Court of Iowa found that a teacher's
adulterous relationship was insufficient to revoke
teaching certificate because it was not found to
have an harmful influence on his teaching. Schroeder v. Hamilton School District Was Mr. Schroeder able to properly teach his class?

Who is at fault? Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. Why can't I coach football? I know how to get those boys to score a basket! I know that I could teach Home Ec! I mean,a microwave is a major appliance! Public vs. Private Social Media Should you be interact with students in the social media? Spanierman vs. Hughes
Spanierman, an English teacher, created a Myspace account and used it to communicate with students. There were times when Spanierman was inappropriate with them. He was asked to take the site down, so he did and then proceeded to make a new account and continued the inappropriate discussions. After viewing the profile, the school decided not to renew his contract. Spanierman brought a suit saying that he was fired because of an anti-war `` poem that he posted on his account. Spanierman filed under the 1st and 14th Amendments. The U.S. District of Connecticut ruled against him on both counts. They said that there was no violation of Due Process (14th), no violation of Equal Protection (14th) and no violation of Free Speech. Should he have been fired? the Plaintiff: "Repko and Ashley sittin in a tree. K I S S I N G. 1st comes love then comes marriage. HA HA HA HA HA HA HA!!!!!!!!!!!!!!!!!!!!!!!! LOL"
repko: "dont be jealous cuase you cant get any lol :)"
the Plaintiff: "What makes you think I want any? I'm not jealous. I just like to have fun and goof on you guys. If you don't like it. Kiss my brass! LMAO" Q: A: Pregnancy Discrimination Act To amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection:

"(k) The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.".

Sec. 2. (a) Except as provided in subsection (b), the amendment made by this Act shall be effective on the date of enactment.

(b) The provisions of the amendment made by the first section of this Act shall not apply to any fringe benefit program or fund, or insurance program which is in effect on the date of enactment of this Act until 180 days after enactment of this Act.

Sec. 3. Until the expiration of a period of one year from the date of enactment of this Act or, if there is an applicable collective- bargaining agreement in effect on the date of enactment of this Act, until the termination of that agreement, no person who, on the date of enactment of this Act is providing either by direct payment or by making contributions to a fringe benefit fund or insurance program, benefits in violation with this Act shall, in order to come into compliance with this Act, reduce the benefits or the compensation provided any employee on the date of enactment of this Act, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program: Provided, That where the costs of such benefits on the date of enactment of this Act are apportioned between employers and employees, the payments or contributions required to comply with this Act may be made by employers and employees in the same proportion: And provided further, That nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with this Act.

Approved October 31, 1978. An employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business. For example, a “no-beard” employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps). Racial Discrimination What is a teacher union? The History How is it formed? and then........... Step Four and Five Collective Bargaining What is it? Other Sections "Teacher unions are membership organizations for educators, counselors, staff, and school-related personnel...Unions are broken down into chapters containing particular schools, regions, or districts."

"The American Federation of Teachers mission: to 'represent the economic, social, and professional interests of classroom teachers.'"
http://www.brighthub.com/education/k-12/articles/17100.aspx Date back to the mid-19th century
Initial focus: raise standards of teaching, ensure student achievement
NEA formed in 1857 to establish policy and develop curriculum and teacher standards
Formed by teachers forming association rebelling against business leaders and education bureaucrats
The Chicago Federation of Teachers (1897) later turned into AFT in 1916 Organize and Meet
-attend meetings during non-work time
-distribute info about why the creation of a Union is necessary
-sign a petition in order to gain support for the Union
-Begin the process of creating the Union Gather Information about the workplace
-What are the issues?
-How much do you know about the employer’s structure?
-Who will be your allies? Create Union
-Employees lead process
-Create a representative group called “Organizing committee”
-Organizing committee educates employees on the benefits of the Union Step Two: Step Three Submit information to NLRB (National Labor Relations Board)
-show why the Union is necessary
-show support from co-workers

Receive certification
-after certification, the Union is then allowed to negotiate with the employer Collective bargaining enables working people who are union members to negotiate with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family and more. Bottom line: It gives working people a voice at the table. Job security for teachers
Bargaining for better wages and benefits
Better work environment
Stable, long-term employment relationship between teachers and schools

Protects bad teachers
Prevents more qualified teachers from getting hired
Focuses on the teacher rather than the student
Job motivation decreases
Lack of incentive to try new things/work hard
Us vs. Them hostility Pros and Cons Age Discrimination

Political Activities Tenured Teacher's Public Expression The Pickering Process http://www.clipsyndicate.com/video/playlist/8178/3484786?wpid=8989 Teachers are hired for a fixed period of time. At the end of the contract period, the contract is renewed at the discretion of the school board. Nonrenewal doesn't require due process. Board of Regents of State Colleges v. Roth Stoddard v. School District No. 1 Tenure Once a teacher receives tenure, he/she can only be terminated for adequate cause and must be provided with procedural due process. Incompetency “the lack of ability, legal qualifications,
or fitness to discharge the required duty of teaching." Alex is a elementary school math teacher and this is how he explains how to add... “Unacceptable conduct that affects a teacher’s fitness to teach.” A teacher reports to school under the
influence and proceeds to teach his
health class. “Willful disregard of or refusal to obey
school regulations and official orders.” Lindsey is the principal of a high school. Sami is an English teacher. A few months ago, Lindsey instructed Sami to teach to the new state standards, which includes reading Harry Potter. Sami has refused to let her class read Harry Potter since and has been blatantly disrespectful to Lindsey. “…when an educator fails to carry out assigned duties.” Fred is a high school teacher who
comes to class late, lets his
students watch TV, and never
teaches the curriculum. Reagan is an elementary
teacher who is terminated
for shoplifting at a
local school supply store.
James Loudermill was a security guard hired by the Cleveland Board of Education. On his job application in 1979 he stated that he had never been convicted of a felony. During routine examination, Cleveland BOE found out that in fact he had been convicted of a felony (grand larceny in 1968). The board informed Loudermill, by letter, that he had been dismissed because of his dishonesty in filling out the employment application. Loudermill claimed that he thought his felony was a misdemeanor. The Cleveland Civil Service Commission upheld the dismissal. The issue then became that Loudermill had not received an opportunity to respond to the charges against him prior to removal. He then claimed under the Fourteenth Amendment that he was deprived of liberty and property without the full due process owed to him.

What due process is owed to an employee being terminated?
What remedies are available to an employee who was wrongfully terminated?
Does he have a legitimate claim to his property of employment?
Which laws would you apply in this case? Appropriate Material http://graphics8.nytimes.com/packages/pdf/arts/CDMComplaint.pdf Hope you studied! http://www.surveymonkey.com/s/SR2NCQL If you were principal, what would do? http://caselaw.findlaw.com/us-7th-circuit/1250089.html Found on the US Equal Employment Opportunity Comission Website. http://www.eeoc.gov/laws/types/race_color.cfm Religious Discrimination Step One:
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