School Law: Cases & Concepts C. 4 – Flashcards
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Board of Regents of State Colleges v. Roth
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(1972): A non-tenured teacher need not be given reasons for nonrenewal unless the nonrenewal deprived the teacher of a "liberty" interest or if there was a "property" interest in continued employment. Any statement regarding the reason for the nonrenewal could result in the teacher's requesting a due process hearing.
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General Grounds for Dismissal
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(varies from state to state) - Nonperformance of duty - Incompetency - Insubordination - Conviction of crimes involving moral turpitude - Failure to comply with reasonable orders - Violation of contract provisions/local rules/regulations - Persistent failure or refusal to maintain orderly discipline of students - Revocation of the teaching certificate
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Procedural Aspect of Hearing Procedure
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(often include the following) - Proper notice - Contains charges - Contains names and nature of testimony of witnesses - States time and place of hearing - Compulsory process or subpoena requiring the attendance of witnesses and production of relevant papers and documents - Fair hearing - Opportunity for appeal
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Stoddard v. School District No. 1
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(10th Cir. 1979): nontenured teacher's nonrenewal was not upheld. Principal send teacher a letter saying her contract would not be renewed because of her failure to maintain order in the classroom and her lack of dynamics in motivating students. Teacher claimed that in private conversation, the principal informed her that the "real" reasons were (1) rumors regarding an affair with another resident of her trailer park, (2) propensity for playing cards and not regularly attending church, (3) her obesity.
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diLeo vs. Greenfield
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(2nd Cir. 1976): the catchall phrase "for other due and sufficient cause" is too general and vague to serve as grounds for dismissal.
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Taborn v. Hammonds
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(N.C. Ct. App. 1986): Probationary teachers may not be dismissed mid-year, except for the same reasons that a tenured teacher may be dismissed, such as lack of funding. Dismissal procedures must follow those applicable to mid-year discharge of tenured teachrs.
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Pickering v. Board of Education of Township High School District 205
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Mt. Healthy City School District Board of Education v. Doyle
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Settlegood v. Portland Public Schools
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Fowler v. Board of Education of Lincoln County
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ipso facto
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by the fact itself, EX. "The girl's freedom was established ipso facto."
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Hazelwood School District v. Kuhlmeier
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1988 - Under the First Amendment, school officials can censor non-forum student newspapers when they can justify their decision by stating an educational purpose. However, this decision does not allow school officials to censor articles wantonly or based on personal opinion.
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Wilson v. Chancellor
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Academic Freedom - board can't silence dissent in the communty "communist speaker"
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Knox Country Education Association v. Knox County Board of Education
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East Hartford Education Association v. Board of Education of Town of East Hartford
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Rules of Conduct for Teachers (West Virginia Board of Education, 1915)
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Gaylord v. Tacoma School District No. 10
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National Gay Task Force v. Board of Education of Oklahoma City
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ERB v. Iowa State Board of Public Instruction
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Can a school board revoke a teacher's license for out-of-school conduct without sufficient evidence that the conduct renders the teacher morally unfit? A teacher's moral failings should not be a deciding factor in a teacher's ability to perform their job. Teachers should still realize that they set an example for young people.
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Gillett v. Unified School District No. 276
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Barcheski v. Board of Education of Grand Rapids Public Schools
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per curiam
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opinion is unsigned; means "by the court"
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Melzer v. Board of Education of School District of New York
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Civil Rights Act of 1964, Title VII
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Law that makes it unlawful practice for an employer to discriminate against any individual with respect to hiring, compensation, terms, conditions, or privileges of employment because of race, color, religion, sex, or nation.
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Brown v. Board of Education of Topeka
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1954 supreme court ruling reversing the policy of segregation, declaring that seperate can never be equal and a year later ordered the integration of all public schools with all deliberate speed society became less racist
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Fuhr v. School District of the City of Hazel Park
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Eckmann v. Board of Education of Hawthorn School District
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Religious Discrimination
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Age Discrimination
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Lehnert v. Ferris Faculty Association
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Issue was a Faculty union having mandatory "service fees" even to "dissenters" that declined membership in the union. Is the assessment of compulsory fees to non-unin members, given the use of those fee for purposes extraneous to bargaining or administration of existing agreements, constitutionally permissible in the public sector? No, The union may not assess dissenters fees for extraneous uses
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Political Activities
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