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