EDL 628 - Teacher Rights

8/14/2019 EDL 628 - Teacher Rights

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EDL 628School Law and


Teacher Issues




Agenda

1. Announcements/Questions

– Review Sheet

– Online Course NextWeek

– KYPT Issues

2. Evaluation &Dismissal

3. Teacher Expression

– Oral Argument






Evaluating Teachers

• 704 KAR 3:345

• When to Evaluate

• Must a school develop andfollow an evaluation plan? – Yes, at least for tenured

teachers to put them on

notice of the evaluationcriteria.

• Who to evaluate …




Case Summary

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




TeacherDismissal

• Causes & Procedures forDismissal

• 161.790

• Procedures for Dismissal – Notification of charges,

– Opportunity for a hearing,

– Adequate time to prepare arebuttal to the charges,

– Access to evidence and namesof witnesses,

– Hearing before an impartialtribunal,

– Representation by legal

counsel, – Opportunity to present

evidence and witnesses,

– Opportunity to cross-examine adverse witnesses,

– Decision based on evidence

and findings of the hearing, – Transcript of the hearing,

and

– Opportunity to appeal.

1. Insubordination2. Immoral Character3. Physical or Mental

Disability

4. Inefficiency,5. Incompetency, &6. Neglect of Duty

http://www.edjurist.com/blog/2008/4/1

http://www.edjurist.com/blog/2008/4/1/some-more-teachers-on-tape.html

http://www.edjurist.com/blog/2008/4/1/some-more-teachers-on-tape.html




Administrator Dismissal

• Term Contracts, so possiblenonrenewal with no due process.

• If dismissed during the term of acontract, due process ensues.

• If the administrator has tenure in thedistrict, must comply with 161.175 reclassification to a teaching positionis possible.




How free are teachers in theirexpression and lifestyle choices?




Oral Argument PreparationTime

Photocredits: Laughing

http://www.flickr.com/photos/laughingsquid/1418593236/

http://www.flickr.com/photos/laughingsquid/1418593236/




Oral ArgumentRobertson v. Lieberman County School

District, No. 413




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 theexpression must relate to a matter of

public concern. Private grievances are notprotected.






Case SummaryCurricular Speech?

Boring v. Buncome County Bd. Of Educ.




• How does Hazelwood relate to all of this?

– Rule: School officials can censor school-

sponsored expression for pedagogicalreasons.

• How is this different from Pickering?

MSNBC – Teacher

Political




Association and PoliticalRights

• You can be a Communist, but youcan’t get out of questions about it.

• Political Activity:

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

http://www.edjurist.com/blog/too-predictable-nyc-teacher-politics-ruling.html

http://www.edjurist.com/blog/too-predictable-nyc-teacher-politics-ruling.html




Scenario #1

• A AP teacher complained to hersuperintendent that it wasunconscionable when the school

district cut funding of the gifted andtalented program.

Is this teacher’s speech protected under the First Amendment?




Scenario #2

• A teacher appears on a televisiontalk show as a spokesperson for gayrights. Six members from the

community come to thesuperintendents office demandingthe dismissal of the teacher.

How should the superintendent respond?






Teacher LifestyleChoices

Is the teacher a role modelboth in and out of the

classroom?

http://www.edjurist.com/blog/2008/6/

http://www2.tbo.com/content/2008/m

http://www.edjurist.com/blog/2008/6/17/the-magic-of-teachers-and-fear.html

http://www2.tbo.com/content/2008/may/06/pa-presto-teacher-out-of-a-job/

http://www2.tbo.com/content/2008/may/06/pa-presto-teacher-out-of-a-job/

http://www.edjurist.com/blog/2008/6/17/the-magic-of-teachers-and-fear.html




Can the school dismiss a

teacher if they disagree with ateacher’s lifestyle choices?

• Yes. If the conduct has becomenotorious and the conduct directlyaffects the performance of theresponsibilities of the teacher.

• Note: There must be a nexusbetween the teacher’s conduct andthe disruption.




Privacy Rights•

Where do Privacy Rights come from? – The 4th, 9th & 14th Amendments

• Fourth Amendment: protection againstunreasonable search and seizure.

•

Ninth Amendment: personal privacy act as anunremunerated right reserved to the people.

• Fourteenth Amendment: protection against stateaction impairing personal liberties without dueprocess of law.

• How do they affect schools?

• What do you make of this situation? – Sex Change Controversy




Past Attempted or SuccessfulDismissals for Lifestyle Issues

• Adultery

•

Involvement in Divorce• Pregnancy out of Wedlock

• Homosexual Orientation or Conduct

• Lawrence v. Texas (2003)




Where do we draw the lineon teacher privacy?

Where should we?

Teacher’s Contract from 1923:

Miss agrees:

4. Not to get married. This contract

becomes null and voidimmediately if the teachermarries.

5. Not to keep company with men.




1. To be home between the hours of 8:00 p.m. and 6:00 a.m. unless inattendance at a school function.

2. Not to loiter downtown in ice creamstores.

3. Not to leave town at any time

without the permission of thechairman of the Board.

4. Not to smoke cigarettes. Thiscontract becomes null and void

immediately if the teacher is found




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 twoinches above the ankles7. Not to use face powder, mascara, or

paint the lips




What Amendments apply toprivacy rights? How?

• Fourth Amendment: protectionagainst unreasonable search andseizure.

• Ninth Amendment: personalprivacy act as an unremuneratedright reserved to the people.

•

Fourteenth Amendment:protection against state actionimpairing personal liberties withoutdue process of law.



EDL 628S h l L d

Discussion Questions

Documents

EDL 628 - Teacher Rights