EDU 210 Exam 3

Hazelwood v. Kuhlmeir (1988)

Censorship standards; students wrote in newspaper about teen pregnancy; not allowed because it invaded student privacy

Cleveland Board of Education v. LaFleur

Court held that teachers may not be dismissed or placed on involuntary leave if pregnant, because to do so would be to discriminate on the basis of sex.

Required Teacher License

DOE maintains directory, notifies school district of employees whose license will expire within next nine months. Does not notify individuals.

Section 5

Establishment of normal schools, grade schools; oath of teachers, professors.

Peterson v. Hewlett-Packard (2004)

Peterson fired by Hewlett-Packard because he put up anti-gay posters in his workspace. He did not support the companies policy on sexual diversity

Smith v. Wade

...Punitive damages are available in a proper case under § 1983. While there is little in the legislative history of § 1 of the Civil Rights Act of 1871 (from which § 1983 is derived) concerning the damages recoverable for the tort liability created by the statute, the availability of punitive damages was accepted as settled law by nearly all state and federal courts at the time of enactment. Gut beat up in jail.

Christiansburg Garment Company v. EEOC

...clarified that the standard for awarding attorney's fees to prevailing defendants is not the same as the standard for prevailing plaintiffs:

City of Charlotte v. Local 660 IAF (1976)

The Supreme Court has held that employee unions have no constitutional right to payroll deduction

Bordelon v. Chicago School Board (2000)

the Seventh Circuit found that the reassignment of a principal to a central office position did not involve an economic loss requiring an opportunity for a hearing.

Facially neutral discrimination

...

Sulivan v. River Valley School District (1999)

...

Montefusco v. Nassau County

...For the reasons discussed above, the motion of Defendant Board of Education of Lindenhurst Free Union School District is GRANTED in it entirety. Defendant Michael Mostow's motion for summary judgment is GRANTED with respect to all claims except that of malicious prosecution. The motion of Defendant Lindenhurst Union Free School District is GRANTED with respect to all claims except that of malicious prosecution. taking pictures of females

Downing v. West Haven Board of Education

...jesus shirt....not allowed. Plaintiff Ella Downing ("Downing"), formerly a public school teacher at West Haven High School, brings this action for money damages based upon the defendants' response to her wearing a tee shirt to school reading "JESUS 2000 - J2K" on May 24, 1999.1 Downing alleges that the defendants violated her First Amendment rights to free speech and religious freedom and retaliated against her in violation of 42 U.S.C. § 1983 and the Connecticut Constitution, Article First, Sections 1, 4 and 5.

Denton v. South Kitsap School District

...no sex with student. A teacher appeals from the judgment of the superior court sustaining his discharge. The principal question presented is whether the teacher's sexual relations with a minor female student in the school district constitute "sufficient cause" for his discharge. We hold that this conduct justifies discharge. On November 15, 1971, the boar

Nye v. Roberts

...sexaul harrsemt. she won. She alleges that Leeds' principal, Robert Harris ("Harris"), harassed her numerous times during the 1993-94 school year, and the spring and summer of 1996.

City of Los Angeles v. Manhart

...that the use of sex divided tables violated Title VII's prohibition against sex discrimination in employment. Based on a study of mortality tables and its own experience, the Department determined that its 2,000 female employees, on the average, will live a few years longer than its 10,000 male employees. The cost of a pension for the average retired female is greater than for the average male retiree because more monthly payments must be made to the average woman. The Department therefore required female employees to make monthly contributions to the fund which were 14.84% higher than the contributions required of comparable male employees In addition, the ruling was weakened by the decision of a New York federal court which exempted certain employer plans from Title VII coverage (14).

Rudin v. Lincoln Land Community College

...the school's Screening Committee chose a pool of eligible candidates that did not include a "diverse" candidate. Then, however, the school's Equal Employment Compliance Officer added the name of a black applicant, Paul Hudson, who had been considered by the committee but not chosen as a finalist for the position. The Screening Committee interviewed all the finalists. Janine Rudin was ranked as second-best and Hudson second from the bottom. Nevertheless, Hudson was offered the job. Rudin sued, claiming both racial and sexual discrimination against her by the college. Her case was dismissed by the trial court, but the Seventh Circuit Court of Appeals reversed and remanded the

The authority to contract with teachers is an exclusive right of the board the school board's offer of a position to a teacher including

1- designated salary 2- specified period of time 3 identified duties and responsibilities creates a binding contract when accepted by the teacher

Crager v. Board of Education (2004)

A Kentucky federal district court subsequently upheld random, suspiconless drug testing of a school district's employees in safety-sensitive roles, including teachers, as justified to comply with the Drug-Free Workplace Act of 1988 This law stipulates that federal grant and contract recipients cannot receive federal funds unless they implement policies to ensure that workplace are free from the illegal use, possession, and distribution of controlled substances

Aim: equal opportunity not preference--unless historical discrimination exists, and then only narrowly-tailored programs approved

Affirmative action

Personnel evaluations

Board authority Retention / tenure / dismissal Promotion Salary Reassignment RIF (reduction in Force)

BFOQ

Bona fide occupational qualifications

Superintendent of Public Instruction

CEO of public education, subject to direction of State Board of Ed. Duties include: issue teacher licenses, supervise activities of department, employ personnel, organize department, any other duties as prescribed by law.

EMBR

Changes to the State of Nevada's Local Government Employee Management Relations Board (EMRB) were recently made. The Board, whose members are appointed by the Governor, is comprised of 3 members from across the state. The EMRB is the state agency that oversees labor relations and collective bargaining for local government entities and their employees.

Nevada supreme court ruled that items significantly related to wages, hours, and working conditions are negotible

Clark County School District v Local Gov't Employee-Management Relations Bd (1974) finding that the negotiated agreement requiring all teachers to acquire English learner certification was reasonably related to hours, wages, and conditions of employment

Rizzo v. Goode

Court ruled supervisors may be held personally liable for a violation of Section 1983 if the plaintiff proves that the supervisor: 1) Received notice of a pattern of unconstitutional acts committed by subordinates 2) Demonstrated deliberate indifference to or tacit authorization of the offensive acts 3) Failed to make sufficient remedial action; 4) And his/her failure to act proximately caused the claim for injury.

Canary v. Osborn

During this meeting, the administrators discussed ideas for increasing the students' achievement test scores. In an affidavit filed with the district court, Canary asserts that the following exchange took place: Kinker stated that she would be coming to the schools in the district and [would be] exhibiting actual tests and answers to the principals for review. She said principals would be allowed to copy the questions by hand, and then could go over them with teachers in their [respective] schools. I immediately objected to this because it was cheating and I was aware of a case in North Carolina where teachers had their certificates taken away for doing the same thing. Kinker said she had been doing this for years and that if anyone objected, she had gotten rid of them.

Hearn v. Board of Public Education (1999)

Employees can be dismissed for refusing to submit to drug testing. upholding termination of a teacher who refused to undergo urinalysis after a drug-detecting dog identified marijuana in her car.

Who enforces Title VII?

Equal Employment Opportunity Commission (EEOC); Title IX is enforced by US department of Educations office for Civil Rights (OCR).

Perry v. Sindermann

F - Sindermann was denied tenure at his college teaching position, though he was under the assumption that he was entitled to tenure as a result of the school's de facto tenure program. Claimed that he was entitled to a hearing H - He IS entitled to a hearing --A person's interest in a benefit is "property" for DP purposes if there are rules or understandings that support the claim for entitlement

Personnel Administration of Mass. v. Feeney (1979)

Fenney was a woman who applied for a job and was not hired reason was that Massachusetts was giving preference to Veterans of the arm forces that court said that its a value that the company was trying to promote service to ones country that was expectable. the Supreme Court has recognized that mere awareness of a policy's adverse impact on a protected class does not constitute proof of unlawful motive; a discriminatory purpose "implies that the decision maker ... selected or reaffirmed a particular course of action at least in part 'because of' not merely 'in spite of' its adverse effects upon identifiable group

Good and Just Causes

Financial and/or enrollment shortfalls that require a reduction in teachers and administrators.

good faith bargaining

has been interpreted as requiring parties to meet at reasonable times and attempt to reach mutual agreement without compulsion on either side failure of the school board or teachers' organization to bargain in good faith can result in the imposition of penalties

Pickering v. Board of Education (1968)

Free Speech And/Or Academics; school officials cannot terminate a public school teacher for speaking out as a citizen of public concern the Supreme Court recognized that teachers have a First Amendment right to air their views on matters of public concern. Pickering rote a letter to a local newspaper, criticizing the school board's fiscal policies, especially the allocation of funds between the education and athletic programs. The school board dismissed Pickering because of the letter, which included false statements allegedly damaging the reputation of school board members and district administrators, and the Illinois courts upheld his dismissal reversing the state courts, the Supreme Court first identified expression pertaining to matters of public concern as constitutionally protected and reasoned that the funding and allocation issues raised by Pickering were clearly questions of public interest requiring free and open debate

Hamburg v. North Penn School District

Hamburg asserts that "incompetency" as a basis for discharge of a professional employee under Section 1122 of the School Code must be narrowly defined to be a lack of physical or mental ability to physically perform teaching duties.

Perez v. Commission on Professional Competence

He appeals contending improper notice of the charges, due process defects in application of standards of competency and the evidence does not support the findings of the court. not teaching spanish the way the district wanted

Smith v. Petal School District (2006)

If a single teaching and coaching contract is found to be indivisible, a teacher cannot unilaterally resign the coaching duties without relinquishing the teaching position

Settlegood v. Portland Public Schools

In 2000, Dr. Pamella Settlegoode, an adaptive PE teacher, was fired by the Portland Public Schools after enduring 18 months of frustration in trying to advocate for her special education students. She sued the district and her supervisors, and the jury found in her favor on all claims and awarded her a $1 million settlement. (A magistrate judge subsequently overturned the jury award, but it was reinstated on appeal.)

Garcetti v. Ceballos (2006)

In Garcetti, the Supreme Court ruled that the district attorney's office did not impair the free speech rights of Ceballos, an assistant district attorney, by allegedly denying him a promotion and retaliating against him in other ways for writing a memorandum indicating that the arresting deputy sheriff may have lied in the search warrant affidavit in a criminal case. The Supreme Court reasoned that Ceballos was speaking about a task he was paid to perform and concluded that "when public employees make statements pursuant to their official duties ... the Constitution does not insulate their communication from employer discipline. The Court established a bright-line rule that expression pursuant to official job responsibilities is not protected

Reasons for Teacher Dismissal

Inefficiency, Neglect of Duty, Insubordination, Conduct unbecoming a teacher, Immorality.

Lagos v. Modesto City School District (1988)

John Lagos sues under 42 U.S.C. Sec. 1983 asserting that he has been injured by the defendants conspiring to deny him renewal of his year-to-year position as head baseball coach at Thomas Downey High School, a public school in Modesto, California. Lagos' complaint alleges that he was hired in 1974 by the Modesto City Schools District to teach physical education and mathematics and to be the head wrestling coach at Thomas Downey High School. In denying the claim of a ten-year veteran baseball coach who was fired from his coaching position but not from teaching, the Ninth Circuit held that the coach did not have a protected interest in his coaching position, since California law specified that extra-duty assignments could be terminated by the school board at any time

Court did not rule on the policy as a whole; instead, they ruled on parts of the policy in an attempt to set a precedent for other school boards to follow when writing drug-testing policy. Suspicionless drug testing violates the fourth Amendment of the U.S. Constitution. It violates staff members' reasonable expectations of privacy. Additionally, it did not appear to be needed at all in Knox County Schools. Drug testing staff members with reasonable suspicion is constitutional. It does not violate their right to privacy and it allows the government to "remove impaired employees from their jobs."

Knox County Education Association v. Knox County Board of Education

Assignment of duties cases

Kodl v. Board of Education (2007) Barr v. Board of Trustees (1995) Bordelon v. Chicago School Board (2000) Ulichny v. Morton Community School Board (2001)

Supplemental contracts cases

Lagos v. Modesto City Schools (1988) Smith v. Petal School District (2006)

Barr v. Board of Trustees

was assistant superintendent but then the board asked him to become a principal instead. He refused and they even offered him the same salary. Denied The appellate court concluded that the reassignment of an assistant superintendent to a principal position was within the school board's discretion when it did not involve a reduction in salary or violate the district's regulations

national pride at work v. governor of Michigan

Michigan Court of Appeals interpreted the state's constitutional marriage amendment as precluding employers from providing same-sex domestic partner benefits. the court ruled that the law, which provides that "the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose" blocks the recognition of domestic partnership agreements because it is a status similar to marriage

Kelley v. Johnson (1976)

Most courts since the mid-1970s have supported school officials in imposing reasonable grooming and dress restrictions on teachers upholding a hair grooming regulation for police officers

In contrast to blanket testing, support for limited drug testing of public employees can be found in Supreme Court decisions outside the school domain that upheld mandatory drug testing of railroad employees involved in accidents

National Treasury Employees Union v. Von Raab (1989) was a United States Supreme Court case involving the Fourth Amendment and its implication on drug testing programs. The majority of the court upheld the drug testing program in United States Customs Service.

14th Amendment

No state shall make or enforce any law which shall abridge the privileges or immensities of citizens of the US; nor deprive person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction equal protection of the laws.

Title IX Education Amendments of 1972, Section 901

On the basis of sex, may not exclude from participation in, denied benefits of, subjected to discrimination under any ed program or activity receiving federal financial assistance.

Melzer v. Board of Education

Peter Melzer (plaintiff or appellant), a New York City school teacher at Bronx High School of Science (Bronx Science or school) asserts that his constitutional rights to freedom of association and speech were violated when the defendant Board of Education of the City School District of the City of New York (defendant or Board) terminated his teaching position. He alleges that action was taken in retaliation for his membership in the North American Man/Boy Love Association (NAMBLA or Association). being sexual attracted to boys but not acting on it

Due Process of Law

Postprobationary teachers are entitled to due process of law under 14th amendment; district officials must provide reasons/hearing before a teacher's contract is not renewed.

Mayer v. Monroe County Community Schools (2007)

Some federal appellate courts have relied on Garcetti in this regard. the Seventh Circuit ruled that classroom expression clearly is part of public educators' official duties and can be censored to protect the captive student audience Accordingly, the court ruled that the teacher's expression of negative views about the war in Iraq during a current events session was not constitutionally protected. The court reasoned that Garcetti directly applied in this case because the teacher's current event lesson was an assigned classroom task

St. Mary's Honor Center v. Hicks

Plaintiff bears ultimate burden of persuasion. Employer (sued by employee for firing him because of race) produced evidence that their actions were legitimate and nondiscriminatory. Court said it did not matter whether the two reasons were ultimately persuasive or not. It just mattered that they came up with the reasons.

Commission on Professional Standards in Education

Prescribes actual qualifications, rules, and standards for NV teacher licensure; has nine (9) members, sets fees for licenses, develops procedures, develops annual report.

Title IX of Education Amendments of 1972

Prohibits sex discrimination in educational institutions.

Board of Education v. Wood (1986)

Recognizing that teachers are held to a higher standard of conduct than general citizens, the judiciary has upheld dismissals for behavior that jeopardizes student welfare, even if it takes place during the summer break Greg Wood and Donnie Wood, respectively, had their teaching contracts terminated after it was alleged that they had entertained two fifteen-year-old girls in their home over the summer months in which the parties smoked marijuana. The Hopkins County Board of Education investigated the incident, held a hearing, and deemed their action to terminate the Woods' contracts justifiably necessary. The Woods contended that the Board could not terminate tenured teachers' contracts predicated on actions that occurred while school was not in session and inside their own personal residences. Incidentally, the issue was brought to court and traveled all the way to the Kentucky Supreme Court.

State Board of Education

Seven (7) voting members, four (4) nonvoting members. Must approve all textbooks, can suspend or revoke license of any teacher/admin on recommendation of Superintendent or district Board of Trustees.

Board of Education v. Wilder

Showed a R-rated movie in class.

Hagar v Pike County Board of Education (2002)

Sixth Circuit held that the coordinator of gifted education, which was not a policy-making position, could not be reassigned for the exercise of constitutionally protected political expression and association in actively supporting an unsuccessful superintendent candidate the superintendent did not demonstrate that political loyalty was essential to the duties of this position Carolyn Hager, an elementary school teacher with Pike County School District in Kentucky, actively supported Reo Johns in his campaign against Frank Welch for school district superintendent. After Mr. Johns was elected, he appointed Ms. Hager to the position of "gifted and talented teacher/coordinator." During Mr. Johns' tenure and afterward, Ms. Hager received excellent personnel evaluations. However, after Mr. Welch was elected superintendent, the school board voted in favor of his recommendation to eliminate the gifted and talented teacher/coordinator position. It then established two new positions, gifted and talented coordinator and assistant coordinator. Ms. Hager applied and was rejected for both positions. She sued, alleging that she was demoted and reassigned in retaliation for political support of Mr. Johns and in violation of her First Amendment rights. The Sixth Circuit Court of Appeals ruled that the defendants were not entitled to qualified immunity from liability. It rejected the argument that the nature of the gifted and talented teacher/coordinator position required political loyalty to the superintendent. It found that the position required that 75% of the teacher/coordinator's time be spent in direct teaching service to students with the remaining 25% spent on ministerial duties. The court concluded that neither the inherent duties of the position nor testimony from Ms. Hager's successor supported the district court's finding that the gifted and talented teacher/coordinator was a confidential advisor to the superintendent on political matters. The court also concluded, based on Ms. Belcher's testimony, that the position was solely ministerial in nature with no policymaking functions or discretionary authority delegated from the superintendent.

several principles emerge from case law to guide educators in developing equitable systems

Standards for assessing teaching adequacy must be defined and communicated to teachers criteria must be applied uniformly and consistently an opportunity and direction for improvement must be provided procedures specified in state laws and school board polices must be followed

McLaughlin v. Tilendis (1968)

State gov'ts often attempted to prevent unionization among their employees until this case decision, which said that regulations prohibiting public employees from organizing were unconstitutional. seventh circuit clearly announced that an individual's rights to form or join a union is protected by the First Amendment

Sexual Harassment Criteria

Submission to verbal/physical harassment is term or condition of employment, submission to/rejection of harassment used as basis for employment decisions, harassment interferes with performance or creates intimidating, hostile, offensive environment.

Miles v. Denver Public Schools

Summarizes a case involving a Denver high school teacher's who made comments during class about rumors that two students had engaged in sexual intercourse on the school tennis court during lunch hour. Reasoning that the ninth-grade government class was not a public forum. The teacher lost on all fronts, because his speech was considered school-sponsored and did not meet the school district's pedagogical interests, based on the 1988 "Hazelwood" decision limiting student free speech rights. (nine references) (MLH)

religion: Personal leave

TWA v. Hardison (1977) & Asonia Board of Education v. Philbrook (1986) Hardison didn't want to work weekends because of religious Phil brook wanted extra days off because of religious reasons court sided with the school district

Hortonville School District v. Hortonville Education Association

Teacher assoc. & teachers were in negotiation-assoc told teachers not to come to school one day-teachers didnt come-same thing as a walk out or strike. They used a process not approved by law. Teacher rights were gone-Teachers sued and lost. Teachers are critical employees and are forbidden by law to strike.

Urofsky v. Gilmore (2000)

The Fourth Circuit held that public employees do not have a free speech right to use state computers for purposes not related to the agency's business and upheld restrictions on state employees using such equipment to access sexually explicit internet materials

Rendell Baker v. Kohn

The Petitioner, Rendell-Baker brought suit because she was fired from her position as a school counselor in retaliation for her opinion of administrative policy. Five others were later fired after they voiced their intention to form a union. Private conduct is not state action simply because the private entity serves a public function.

Perry Ed Assoc v. Perry Local Ed Assoc. (1983)

The Supreme Court clarified the constitutionality of exclusive use in an Indiana case where the negotiated agreement between the bargaining representative and an Indiana school board denied all rival unions access to the inter-school mail system and teacher mailboxes. one union challenged the agreement as a violation of the First and Fourteenth Amendments. the Supreme Court upheld the arrangement, reasoning that the First Amendment does not require "equivalent access to all parts of a school building in which some form of communicative activity occurs"

City of Madison v. Wisconsin Employment Relations Commission (1976)

The Supreme Court concluded that a Wisconsin nonunion teacher had the right to express concerns to the school board in a public forum, such as a school board meeting, a nonunion teacher has a constitutional right to address the public employer, even concerning a subject of negotiation. In this case, negotiation between the board and union had reached a deadlock on the issue of an agency ship provision. A nonunion teacher, representing a minority group of teachers, addressed the board at a regular public meeting and requested postponement of a decision until further study of the proposal. The court reasoned that the teacher was not attempting to negotiate, but merely was speaking on an important issue before the board-a right every U.S. citizen possessess

Personnel Administration of Mass v. Feeney (1979)

The Supreme Court has recognized that mere awareness of a policy's adverse impact on a protected class does not constitute proof of unlawful motive; a discriminatory purpose "implies that the decision-maker ... selected or reaffirmed a particular course of action at least in part "because of" not merely "in spite of" its adverse effects upon an identifiable group

Deschenie v. Board of Education (2007)

The Tenth Circuit similarly found that a director of bilingual education could not establish that speaking about the program's noncompliance with state guidelines and writing a letter to the editor of the local newspaper were the motivating factors in her termination and held instead that poor job performance justified the action holding that the time between the expression and termination was too attenuated to show a causal connection.

Altsheler v. Board of Education

The petitioner, a tenured teacher who had served in the Great Neck public schools for some 18 years, was charged with, inter alia, conduct unbecoming a teacher and insubordination. The formal charges arose out of allegations that she had prepared two of her classes for the vocabulary portion of the Stanford Achievement Test by revealing to them many of the words that were to appear on the examination.

McDonnell v. Green (1973)

These criteria were articulated by the Supreme Court in 1973 in McDonnell Douglas Corporation v. Green and, with some modification, are applied beyond claims of hiring discrimination to alleged disparate treatment in areas such as promotion, termination, and tenure have to belong to a protected class clearly qualified for job you applied for

Knox county Education Association v. Knox County Board of Education (1998)

Under state laws, most school boards are required to conduct a criminal records check of all employees prior to employment. The screen process may require individual to consent to fingerprinting. Concern for students' safety also has led some school districts to require teacher applicants to submit to drug testing. To date, the Sixth Circuit is the only federal appellate court that has upheld such testing, noting that teachers occupy safety-sensitive positions in a highly regulated environment with diminished privacy expectations

Tippecanoe Education Association v. Tippecanoe Schools

Upon appeal, Teachers contend that the School failed to comply with applicable procedure in completing Spencer's Evaluation Forms. In addition, they argue that the School failed to provide Spencer with a written statement of the reasons why the Board declined to renew her contract.

Domestic partners case

Windsor v. United States (2013)

affirmative action

affirmative action within the context of employment has been defined as "steps taken to remedy the grossly disparate staffing and recruitment patterns that are the present consequences of pas discrimination and to prevent the occurrence of employment discrimination in the future

Reeves v. Sanderson Plumbing Products (2000)

age discrimination Reeves proved that it was age discrimination. 54 is old

Hazel Paper Company v. Briggins (1993)

age discrimination: Retirement Brogans said the reason they let him go was because he was close to pension. he had to prove the really reason was the company was trying to save money but he couldn't prove it

the security provisions most frequently found in the public sector are

agency shop and fair share agreements

union shop

agreement requires an employee to join the union within a designated time period after employment to retain a position union shop agreements are prevalent in the private sector, but they are not authorized by most public-sector laws and are limited or proscribed in some states under "right-to-work" laws

reporting child abuse

all states require teachers to report suspected child abuse and grant them immunity from liability if reports are made in good faith

disparate treatment

applies when an individual claims less favorable treatment as compared to other applicants or employees

term contracts

are valid for a fixed period of time (e.g., one or two years) At the end of the contract period, renewal is at the discretion of the school board; nonrenewal requires no explanation unless mandated by statue

fair share

arrangement requires a nonmember simply to pay a service fee to cover the cost of bargaining activities

courts generally require

compliance with evaluation requirements and procedures identified in statues, board polices, or employment contracts

supplemental service contracts are usually

considered outside the scope of tenure protections

Tenure contracts

created through state legislative action, ensure teachers that employment will be terminated only for adequate cause and that procedural due process will be provided

teachers are license by

department of education

claims

direct evidence circumstanial

the authority to grant a tenure contract is a

discretionary power of the local school board that cannot be delegated

Section 1 Legislature to encourage education; appointment, terms and duties of superintendent of public instruction.

encourage promotion of intellectual, literary, scientific, mining, mechanical, agricultural, moral improvements, plus superintendent.

In 1977, the Supreme Court in Mt. Healthy City School District v. Doyle

established the principle that a public educator can be disciplined or dismissed if sufficient cause exits independent of the exercise of protected speech burden of proof is on the employee to show that the speech was constitutionally protected and was a substantial or motivating factor in the school board's adverse action. Once established, the burden then shifts to the school board to show by a preponderance of evidence that it would have reached the same decision in the absence of the teacher's exercise of protected speech

Correcting such imbalances requires the employer to engage in actives such as

expanding its training programs becoming actively involved in recruitment eliminating invalid selection criteria that results in disparate impact and modifying collective bargaining agreements that impermissibly restrict the promotion and retention of minorities

Lee v. York County Schools (2007)

finding a school district did not violate a teacher's rights when it ordered him to remove religious materials from classroom bulletin board

Piazza v. Aponte Roque (1990)

finding that non-renewal of teachers' aides because of their political party affiliation impaired associational rights

Abood v. Detroit Board of Education

found that forcing public school employees to pay union dues affects their First Amendment rights. The Court held that a government employer and union may reach an agreement requiring employees to pay an agency service fee to cover the costs of collective bargaining, contract administration, and grievance adjustment. However, the decision clarified that objecting employees have a constitutional right to withhold payment of any union fees that support political and ideological causes.

Kodl v Board of Education (2007)

in 1987, the board hired Karen Kodl as a physical education teacher at Jackson Middle school. In 2004 they transferred her to Schafer Elementary school where she is currently employed. following her transfer she sued alleging sex discrimination and retaliation under Title VII of the Civil Rights, and age discrimination and retaliation under Age Discrimination in Employment Act of 1967 the district court granted defendant's motion for summary judgement. Court said she could not show that the school district's reason for transferring her were a pretext for discrimination. finding that a middle school teacher's transfer to an elementary school did not violate any federal rights School boards retain the authority to assign or transfer teachers Courts recognize the pervasive authority of the superintendent and board to make teaching assignments, so long as the assignments do not conflict with state law, federal rights, or the collective bargaining contract.

free riders

individuals who receive the benefits of the union's work without paying the dues for membership

disparate impact

is applicable when an employer's ostensibly neutral practice has a discriminatory impact on the class to which the claimant belongs

Facial discrimination

is when a statute or rule on its face discriminates against a certain group of persons.

if a state establishes a test or assessment process as an essential eligibility requirement

it can deny a license to individuals who do not pass

Mt. Healthy School District v. Doyle (1977)

non-tenured high school teacher objected to a newly proposed teacher dress code. He circulated a memo from the school principal and gave it to a radio station, which reported on the dress code issue. When the teacher's contract came up for renewal, the school declined to renew it. He sued, claiming that his employment was terminated in response to his public opposition to the teacher dress code. The school board asserted that it had other valid reasons for not rehiring the teacher. These included an allegation that the teacher made an obscene gesture to two students and was involved in an argument with another teacher. unanimous decision, the Court held that an employer can successfully defend itself in First Amendment employee litigation by showing that it would have made the same decision in the absence of the protected speech activity.

In proving disparate treatment

plaintiffs may use direct or circumstantial evidence to prove their employer's discriminatory intent

to qualify for a teaching position in public school

prospective teachers must acquire valid license or certificate from their state

Title VII Civil Rights Act of 1964

protects teachers against sexual harassment at work

relief : if it is proven that the employee was a victim of prohibited discrimination, courts have the authority to require a make-whole remedy: courts may

provide injunctive and declaratory relief require that a person be reinstated, hired, tenured, or promoted direct the payment of back pay, interests on back pay, or front pay assign retroactive seniority provide attorney's fees and court cost; and in cases in which intentional discrimantion is proved, provide compensatory and punitive damages

agency shop

provision requires an employee to pay union dues but does not mandate membership

Dobbs v. Amos (1995)

public employees in policy-making positions may be vulnerable to adverse employment consequences for their political activities that may preclude an effective relationship with the school board

in general , information that must be maintained by law is a

public record personal directory information salary information employment contracts leave records teaching license and must be released

Types of Sexual Harassment implied by EEOC

quid pro quo is something for something, and non quid pro quo refers to actions or verbal messages creating an offensive, hostile or intimidating work environment

Hope v. Pelze

r 6-3 opinion saying that state prison guards were not entitled to immunity in a suit brought by an inmate whom they had handcuffed to a hitching post as punishment. This constituted cruel and unusual punishment.

personnel files must be

relinquished if subpoenaed by a court The Equal Employment Opportunity Commission (EEOC) also is authorized to subpoena relevant personnel files to investigate thoroughly allegations that a particular individual has been the victim of discriminatory treatment the court ruled that under Title VII of the Civil Rights Act of 1964, the EEOC must only show relevance, not special reasons or justifications, in demanding specific records

closed shop

requiring an employer to hire only union members, does not exist in the public sector and is unlawful in the private sector

Section 2 Uniform System of Common Schools

school shall be established and maintained in each district at least 6 mo. per year,

collective Bargaining

teachers have a constitutionally protected right to form and join a union; specific bargaining rights are conferred through state statutes or judicial interpretations of state constitutions, thus creating wide divergence in teachers' bargaining rights across states

two basic types of employment contracts are issued to teachers

term contracts and tenure contracts

Houlihan v. Sussex Technical School District (2006)

the District Court of the District of Delaware held that Ms. Houlihan had alleged a claim under the Rehabilitation Act and under Delaware law. However, because her complaints were not made as a private citizen, but rather, as an employee of the District, it found that her First Amendment claim must be dismissed. A Delaware federal district court held that a school psychologist's complaints about the school's noncompliance with the Individuals with Disabilities Education Act pertained to his job assignment and were not protected by the First Amendment

Downs v. Los Angeles USD (2000)

the Ninth Circuit agreed with the decision of school authorities to censor material a teacher had posted outside his classroom that denounced homosexuality and extolled traditional family values to offset the school district's materials recognizing Gay and Lesbian Awareness Month reasoning that the teacher was speaking for the school, the court concluded that teachers are not entitled to express views in the classroom that are counter to the adopted curriculum.

East Hartford Education Association v. Board of Education (1977)

the Second Circuit upheld a Connecticut school board's requirement that all male teachers wear ties as a rational means to promote respect for authority, traditional values, and classroom discipline

Connick v. Meyer (1983)

the Supreme Court narrowed the circumstances under which public employees can prevail in free expression cases. The case involved an assistant district attorney, dissatisfied with her proposed transfer, who circulated among coworkers a questionnaire concerning office operations and morale and was subsequently terminated. The Court ruled that the questionnaire related primarily to a personal employment grievance, which is not protected by the First Amendment, rather than matters of public interest. Of particular importance was the Court's conclusion that the form and context as well as the content of the expression should be considered in assessing whether it relates to public maters

Nonunion teachers have challenged mandatory fees as a violation of their First Amendment speech and association rights

the Supreme Court upheld the payment of fair share fees by public employees in Abood v. Detroit Board if Education the court rejected the nonunion members' First Amendment claims, noting the importance of ensuring labor peace and eliminating "free riders" Yet the court concluded that employees cannot be compelled to contribute to the support of ideological causes they oppose as a condition of maintaining employment as public school teachers

National Treasury Employees Union v. Von Raab (1989)

the U.S. Customs Service imposed a drug testing program for "employees seeking transfer or promotion to positions having direct involvement in drug interdiction," required to carry firearms, or have access to classified information. The National Treasury Employees Union sued and alleged that the program was violative of the Fourth Amendment, which prohibits unreasonable search and seizure. The Court of Appeals for the Fifth Circuit ruled in favor of the government. The union then appealed to the Supreme Court. The Supreme Court upheld the Court of Appeals ruling with regard to positions involving drug interdiction and firearms. The ruling for classified information was held over, as the Supreme Court determined that the U.S. Customs Service too broadly included employee groups who would not generally have access to high levels of classified information.

Assignment of personnel and Duties

the authority to assign teachers to schools within a district resides with the board of education

FERPA

the family education rights and privacy act only applies to students and their educational records, not to employees' personnel records

teacher license can be revoked by

the state board of education

Keyishian v Bd of Regents (1967)

the supreme court held that public employment cannot be conditioned on the relinquishment of free association rights was a United States Supreme Court case in which the Court held that states cannot prohibit employees from being members of the Communist Party and that such laws are overbroad and too vague. the Supreme Court held in 1967 that public employment cannot be conditioned on the relinquishment of free association rights.

Jenkins v. Bishop (1978)

think by allowing the teachers' names to remain upon the ballots we should make it clear that if and when an elected teacher takes his oath of office as a legislator, he forfeits his right to serve as a teacher in the public schools so long as he remains a member of the legislative branch of government. laws or policies prohibiting all public employees from funning for any political office have been struck down as overly broad. The Utah Supreme Court ruled that public school teachers and administrators were not disqualified from serving in the state legislature

after the award of tenure or within a term contract, school boards cannot

unilaterally abrogate teachers' contracts. At minimum, the teacher must be provided procedural protections consisting of notice of the dismissal charges and a hearing

Title VII Civil Rights Act 1964, Section 703a

unlawful for employer to fail or refuse to hire or discharge any individual, or otherwise discriminate regarding compensation, terms, conditions because of sex, race, color, religion, national origin.

Ulichny v. Merton Community School District

violated her 14th Amendment rights under the United States Constitution. "Ulichny did not have a property interest in performing the duties normally expected of a school principal in Wisconsin.

To support a circumstantial claim the plaintiff must show

was a member of a protected class applied for and was qualified for the job and was denied the position, while the employer continued to seek applicants with the plaintiff's qualifications

In Pickering the court applied a balancing test

weighing the teacher's interest in expressing his views on public issues against the school board's interest in providing educational services. the court recognized that the school board would prevail if Pickering's exercise of protected expression jeopardized his classroom performance, relationships with his immediate supervisor or coworkers, or school operations. Concluding that Pickering's letter did not have a detrimental effect in any of these areas, the court found no justification for limiting his contribution to public debate

Hazen Paper Company v. Biggins

when the employer's decision to terminate an employee is based on factors other than age

grievance arbitration

which addresses enforcement of contract rights, differs from interest arbitration, which may take place in resolving an impasse between parties in the bargaining process