TEACHERS AND THE LAW Part 2

1. TEACHERS AND THE LAWPart 2 SESSION 8

2. NON-RENEWAL AND DISMISSAL • Non-tenured teachers need not be given reasons for non-renewal as long as there is no “property” interest involved • Dismissal of tenured teachers depends on state’s laws regarding grounds • Grounds include nonperformance of duty, incompetence, insubordination, conviction of crimes, violation of contract, failure to maintain discipline, revocation of certification, etc.

3. FREEDOM OF EXPRESSION • Public school teachers have 1st amendment right of freedom of speech – (see Pickering) – as long as the speech does not create material disruption to the educational interest of the school district (Essex). • Teachers speaking outside of the school environment must be speaking as public citizens, and not as state employees to be protected. • Matters must be of public or community concern and not of a personal nature • Other guidelines: impact on harmony, loyalty, degree of falsity of statements, place where speech or distribution of materials occur, impact on staff and students, degree of professional behavior.

4. ACADEMIC FREEDOM • Based on the teacher’s right to teach and student’s right to learn • Still a limited concept in public (and private) schools • Affected by age, grade level, experience, and ability of students to grasp subject matter.

5. DRESS • School authorities contend that proper dress and grooming create a professional image – positive impact on students • Courts will look at disruptive influence on school and educational process • Courts have upheld schools’ right to deny teachers wearing religious garb while performing teaching duties (see Cooper V. Eugene)

6. TEACHER AS EXEMPLAR • States may cite immorality as grounds for dismissal • Included are homosexuality, adultery, unmarried living together, unwed pregnant teachers, transsexuals, and lascivious behavior.

7. DISCRIMINATION • Racial discrimination (Brown decision) – violation of Title VII. • Affirmative action plans • Sex discrimination – see Marshall v. Kirkland (female worker not hired for administrative position) • Age – see Geller v. Markham – Board policy of hiring less experienced teachers • Religion – Ansonia Bd. of Ed. v. Philbrook – teacher asked for paid leave for religious observances.