edl 628 - teacher rights
TRANSCRIPT
8/14/2019 EDL 628 - Teacher Rights
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EDL 628School Law and
EDL 628School Law and
Teacher Issues
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EDL 628School Law and
Agenda
1. Announcements/Questions
– Review Sheet
– Online Course NextWeek
– KYPT Issues
2. Evaluation &Dismissal
3. Teacher Expression
– Oral Argument
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EDL 628School Law and
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 …
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EDL 628School Law and
Case Summary
Bd. of Educ. of Erlanger-Elsmere v.Code
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EDL 628School Law and
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
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EDL 628School Law and
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.
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EDL 628School Law and
How free are teachers in theirexpression and lifestyle choices?
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EDL 628School Law and
Oral Argument PreparationTime
Photocredits: Laughing
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EDL 628School Law and
Oral ArgumentRobertson v. Lieberman County School
District, No. 413
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EDL 628School Law and
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.
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EDL 628School Law and
Case SummaryCurricular Speech?
Boring v. Buncome County Bd. Of Educ.
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EDL 628School Law and
• 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
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EDL 628School Law and
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
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EDL 628School Law and
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?
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EDL 628School Law and
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?
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EDL 628School Law and
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
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EDL 628School Law and
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.
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EDL 628School Law and
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
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EDL 628School Law and
Past Attempted or SuccessfulDismissals for Lifestyle Issues
• Adultery
•
Involvement in Divorce• Pregnancy out of Wedlock
• Homosexual Orientation or Conduct
• Lawrence v. Texas (2003)
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EDL 628School Law and
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.
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EDL 628School Law and
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
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EDL 628School Law 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 twoinches above the ankles7. Not to use face powder, mascara, or
paint the lips
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EDL 628School Law and
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.