CHAPTER 4 – Teachers and the Law
ISSUES
I. NONRENEWAL AND DISMISSAL OF TEACHERS
II. FREEDOM OF EXPRESSION
III. ACADEMIC FREEDOM
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Topics
• SUPREME COURT CASES
• DEVELOPMENTS IN LAW
• WISCONSIN LAWS
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Liability under 42 U.S.C. / Paragraph
1983. Civil Action for Deprivation of
Rights
If a
“ person
” operating under the color of the state deprives another person of his/her rights, privileges, or immunities secured by the Constitution and laws, the person operating under the color of state is liable to the injured party for compensation or other forms of redress.
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• Board of Regents of State Colleges v.
Roth , 408 U.S. 564 (1972). See also
Notes & Questions pp. 176-177, different situations about teacher dismissal (pp
171-172 6 th ed)
• Pickering v. Board of Education of
Township School District 205 , 391 U.S.
563 (1968).
• Mt. Healthy City School District Board of
Education v. Doyle , 429 U.S. 274 (1977).
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Developments in Law / Academic Freedom
Fowler v. Board of Education of Lincoln
County , 819 F.2d 657 (Sixth Circuit, 1987).
Wilson v. Chancellor , 418 F.Supp. 1358
(U.S. District Court, District of Oregon,
1976)
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The Meaning of the Supreme Court
’ s Verdict in Roth
If a public school decides not to rehire a teacher who was originally hired for a fixed term, and the school gives no reason for not rehiring this teacher, then the teacher is not entitled to due process.
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A public school teacher cannot be dismissed from employment simply because he or she communicates to the public an issue of public importance.
However,
I. The disputed speech must address a public concern
II. The interests of the teacher must be balanced against the interest of the state as an employer who provides a public service through its employees.
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Activity 1
Mary, a nontenured public high school guidance counselor, was suspended from her position after she told her secretary and some fellow teachers that she is a bisexual. According to the rationale of
Pickering , what is the best reason for saying that Mary
= s statement about her bisexuality is not protected speech?
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Activity 2
A public school teacher had an “R” rated movie,
Pink Floyd--The Wall , shown to her high school students on the last day of the school year. The teacher had not seen the movie before and the day on which the movie was shown was a noninstructional day used by teachers for completing grade cards. When parents complained about the movie, the school board decided to terminate the teacher
= s employment. At the administrative hearing the teacher testified that the movie had educational value and that she would show an edited version of the movie again if given the opportunity to explain it to her students. Based on
Mt. Healthy , what is the best argument in favor of the school boar’s decision to dismiss the teacher?
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