teachers and the law
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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

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teachers and the law



Kay H. Hunnicutt, Ph.D., J.D.


non renewal and dismissal
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 non-renewal 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



-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 theteacher, 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 LincolnCounty

-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
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 cont1
  • 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 cont2
  • 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
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
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 cont1
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 cont2
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 cont3
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 cont4
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
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
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
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