Edl 628 - Teacher Rights

Teacher Issues EDL 628 School Law and

Agenda 1. Announcements/Qu estions – Review Sheet – Online Course Next Week – KYPT Issues

2. Evaluation & Dismissal 3. Teacher Expression EDL 628 – Oral Argument School Law and

Quick Review • Discrimination in Employment – Protected Classes (various statutes) – Compelling Interest – Disparate Impact v. Disparate Treatment – BFOQ

• Teacher Contracts – Individual v. Collective – Elements of a Contract

• Due Process – Dismissal during contract term v. RIF v. Nonrenewal. – Tenure v. Non-Tenure

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Evaluating Teachers • 704 KAR 3:345 • When to Evaluate • Must a school develop and follow an evaluation plan? – Yes, at least for tenured teachers to put them on notice of the evaluation criteria.

• Who to evaluate … EDL 628 School Law and

Case Summary

Bd. of Educ. of Erlanger-Elsmere v. Code

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Teacher Dismissal • •

Causes & Procedures for Dismissal 161.790

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Procedures for Dismissal – Notification of charges, – Opportunity for a hearing, – Adequate time to prepare a rebuttal to the charges, – Access to evidence and names of witnesses, – Hearing before an impartial tribunal,

1. Insubordination 2. Immoral Character 3. Physical or Mental Disability 4. Inefficiency, 5. Incompetency, & 6. Neglect of Duty – Representation by legal counsel, – Opportunity to present evidence and witnesses, – Opportunity to crossexamine adverse witnesses, – Decision based on evidence and findings of the hearing, – Transcript of the hearing, and – Opportunity to appeal.

http://www.edjurist.com/blog/2008/4/1/some-more-teachers-on-tape.html EDL 628 School Law and

Administrator Dismissal • Term Contracts, so possible nonrenewal with no due process. • If dismissed during the term of a contract, due process ensues. • If the administrator has tenure in the district, must comply with 161.175 reclassification to a teaching position is possible. EDL 628 School Law and

How free are teachers in their expression and lifestyle choices?

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Oral Argument Preparation Time

Photocredits: Laughing S

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Oral Argument Robertson v. Lieberman County School District, No. 413

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The First Amendment & Teacher Speech

• Pickering v. Board of Education (1968) – Jeopardized relationship with superiors or coworkers? – Impaired classroom performance? – Impeded school operations?

• Mt. Healthy (1977) – School employees can be fired for independent reasons even when expression claims exist

• Connick v. Myers (1983) – The form, content & context of the expression must relate to a matter of public concern. Private grievances are not EDL 628 protected. School Law and

• Garcetti v. Ceballos (2007) – “First Amendment does not prohibit managerial discipline based on an employee's expressions made pursuant to official responsibilities.”

• When a public employee is acting within the scope of their official duties, they are not acting as a citizen, and thus, not entitled to protection by the First Amendment.

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Case Summary Curricular Speech?

Boring v. Buncome County Bd. Of Educ.

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• How does Hazelwood relate to all of this? – Rule: School officials can censor schoolsponsored expression for pedagogical reasons.

• How is this different from Pickering?

MSNBC – Teacher Political

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Association and Political Rights • You can be a Communist, but you can’t get out of questions about it. • Political Activity:

– http://www.edjurist.com/blog/too-predictable

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Scenario #1 • A AP teacher complained to her superintendent that it was unconscionable when the school district cut funding of the gifted and talented program. Is this teacher’s speech protected under the First Amendment? EDL 628 School Law and

Scenario #2 • A teacher appears on a television talk show as a spokesperson for gay rights. Six members from the community come to the superintendents office demanding the dismissal of the teacher. How should the superintendent respond? EDL 628 School Law and

Scenario #3 • A local superintendent has been having disagreements with the school board on a possible referendum to increase the property tax levy to generate more revenue. The superintendent thinks such a referendum is necessary, but the board disagrees and votes down the referendum. The superintendent then contacts a local television station and conducts an interview with a reporter where she voices her concerns about the board’s actions and their lack of financial vision. Is this speech protected? EDL 628 • Do superintendents & principalsSchool have Lawlower and

Teacher Lifestyle Choices

Is the teacher a role model both in and out of the classroom?

http://www.edjurist.com/blog/2008/6/17/the-m

http://www2.tbo.com/content/2008/may/06/p

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Can the school dismiss a teacher if they disagree with a teacher’s lifestyle choices? • Yes. If the conduct has become notorious and the conduct directly affects the performance of the responsibilities of the teacher. • Note: There must be a nexus between the teacher’s conduct and the disruption. EDL 628 School Law and

Privacy Rights • Where do Privacy Rights come from? – The 4th, 9th & 14th Amendments • Fourth Amendment: protection against unreasonable search and seizure. • Ninth Amendment: personal privacy act as an unremunerated right reserved to the people. • Fourteenth Amendment: protection against state action impairing personal liberties without due process of law.

• How do they affect schools? • What do you make of this situation? – Sex Change Controversy EDL 628 School Law and

Past Attempted or Successful Dismissals for Lifestyle Issues • • • •

Adultery Involvement in Divorce Pregnancy out of Wedlock Homosexual Orientation or Conduct

• Lawrence v. Texas (2003) EDL 628 School Law and

Where do we draw the line on teacher privacy? Where should we? Teacher’s Contract from 1923: Miss agrees: 4. Not to get married. This contract becomes null and void immediately if the teacher marries. 5. Not to keep company with men. EDL 628 School Law and

1. To be home between the hours of 8:00 p.m. and 6:00 a.m. unless in attendance at a school function. 2. Not to loiter downtown in ice cream stores. 3. Not to leave town at any time without the permission of the chairman of the Board. 4. Not to smoke cigarettes. This contract becomes null and void EDL 628 immediately if the teacher is School Lawfound and

1. Not to drink beer, wine, or whiskey. 2. Not to ride in a carriage or automobile with any man except her brother or father. 3. Not to dress in bright colors. 4. Not to dye her hair. 5. To wear at least two petticoats. 6. Not to wear dresses more than two inches above the ankles 7. Not to use face powder, mascara, or paint the lips EDL 628 School Law and

What Amendments apply to privacy rights? How? • Fourth Amendment: protection against unreasonable search and seizure. • Ninth Amendment: personal privacy act as an unremunerated right reserved to the people. • Fourteenth Amendment: protection against state action impairing personal liberties without due process of law. EDL 628 School Law and

Discussion Questions

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