Class notes 30 March 2005
Lots on teachers' rights
EDLD
5340
30 March 2005
Current Events:
- male coach of female basketball team, filing because of school district's termination of his contract based on what he said about discrepancies between treatment of boys versus girls high school athletic teams / basketball
- focus is protection against retaliation
- was 5-4 decision
- charge was that "the school was deliberately indifferent"
Link to actual court case
This case provides a nice segway to talk about teacher's rights
This is our 11th of 15 meeting nights
April 13 - 20 we will have group presentations
For Final:
- on May 6th about 5:45, Fred will send via WebCT the in-class part of the exam
- you will just have to be connected to WebCT, working independently
- that will be a much shorter scenario, it will be time critical
For the final, statutes we will need to know are:
- included in Chapter 21 (really is about 4 pages of multiple statutes)
- parental rights and responsibilies chapter
- pp. 1023 - 1024 in our text when we read Mergens case on p. 228 (FOR NEXT WEEK)
For group presentation, you can do it however you want, can have 1 spokesperson or many, whatever
Now we turn our attention to....
Chapters 14-17: Teacher Rights
From WebCT you can look at Chapter 21 of Texas Education Code, either via HTML, PDF or Word:
All provisions on are online .
In Chap 21, look at 4 primary subcontracts:
- subchapter C on probationary teachers (21.101 is definition of probationary contract, 21.103 is termination, etc.) - all that subchapter fits on 2 pages
- subchapter E: 21.201: term contracts, 21.202 probationary required to get a term to 21.213
- subchapter F: on hearings before examiners
- subchapter G: on appeals to the commissioner of education
WE WILL REALLY WANT TO KNOW THESE FOR THE FINAL EXAM SCENARIOS!!!!!
- subchapter D not as critical for usmost districts don't use continuing contracts because they look like "tenure" because the Texas legislature has said after a probationary period, Teachers can go on continuing contracts or term contracts
-- continuing contracts / tenure really mean forever in practical terms till retirement
-- term contracts are for a definite period of time (can be up to 5 years, but it has a specified duration)
--- from an employer standpoint, it is beneficial to have term contracts
In House Bill 2 currently, the proposed legislation would change requirements for becoming a Texas school administrator
When I become a principal in 1980 we were just trying to find money to buy Apple IIEs, now it is a critical skill to search and access documents on the web
Facts on the Erb case are always facinating....
Now we will look at the Bay case on p. 675
- this case shows burden of proof was the petitioner (Bay) as the teacher in 1963 in Oregon
- see enumerated findings 1-7 on pp. 676-676
-- these are relevant to the subchapters of Texas education code we talked about from Chapter 21
-- look at 21.259 for example, talks about decision of board of trustees or a subcommittee
---- says not later than 10th day after the board meeting, should announce findings of act and decisions, grant of relief, may adopt, reject or amend hearing examiners conclusions of law (THIS IS A CRITICAL POINT, it does not say "findings of fact" on this)
---- legislature says (with an exception) board cannot change findings of fact, just conclusions of law
--- part C: may reject or amend finding of fact only after reviewing record of the proceedings with officer who made them, and only if substantial evidence exists
conclusion supports "judicial deference" - idea that the court should defer to the legislature's delegation of responsiblity to a state agency
- says "The power to decide such an issue was delegated by the legislature to the Board of Education, therefore, as previously pointed out, the courts are not permitted to substitute their judgement for that of the Board where there is substantial evidence to support the agency"
Now lets look at Urb v Iowa State Board (1974) p. 678
- concludes that Board acted illegally in revoking Mr Urb's teaching contract
Tony case on p. 697 we will come back to with one of the class projects
DUE PROCESS from Chapter 21 (not consitutional of US or Texas) it is TX statutes, it is big and we see it a lot!
- we find this in the 14th Amdt (also in 4th for Congress)
When you are looking at chapter 21, we will see due process statutorialized
- procedural due process
- steps are different if teacher is term or continuing contract
- it is different if you are doing something during the contract term
Now let's look at Pickering case on p. 725
- Pickering, TLO, Brown v Topeka Board of Education, Tinker/Bethel/Hazelwood are probably our most important Supreme Court Cases to look at
Adverse employement action is not limited to termination
- it could also include an adverse letter in your file
Look at case not on p. 732 at end of Mt Healthy decision
- this applies to anyone who is a public employee, can be school teacher, fireman, military member, etc.
- the extent to which you can speak out and still be protected will vary considerably depending on your role
KEY TO PICKERING IS ON p. 732 IN THIS CASE NOTE, WE HAVE TO KNOW THESE 4 STEPS!!!!
1- Is the comment on a matter of public interest? (addressing a matter of public concern, not private interest)
2- Interest of public employee must be balanced against interest of the state as the employer "to promote the efficiency of the public services it performs through its employees"
3- Demonstrate that "such protected conduct was a substantial or motivating facotr in the adverse employment decision"
4- Now burden shifts to defendant, employer may show that the employment action would have been taken even in the absence of the protected conduct
Plaintiff has to show all 3 of these first points to win, Court won't find for them if they can't show all these things
lots of different ways for a public employee to speak out
remember that adverse employment decision could be more than just termination
For next time:
- look at the sample final exam question on WebCT
30 March 2005
Current Events:
- male coach of female basketball team, filing because of school district's termination of his contract based on what he said about discrepancies between treatment of boys versus girls high school athletic teams / basketball
- focus is protection against retaliation
- was 5-4 decision
- charge was that "the school was deliberately indifferent"
Link to actual court case
This case provides a nice segway to talk about teacher's rights
This is our 11th of 15 meeting nights
April 13 - 20 we will have group presentations
For Final:
- on May 6th about 5:45, Fred will send via WebCT the in-class part of the exam
- you will just have to be connected to WebCT, working independently
- that will be a much shorter scenario, it will be time critical
For the final, statutes we will need to know are:
- included in Chapter 21 (really is about 4 pages of multiple statutes)
- parental rights and responsibilies chapter
- pp. 1023 - 1024 in our text when we read Mergens case on p. 228 (FOR NEXT WEEK)
For group presentation, you can do it however you want, can have 1 spokesperson or many, whatever
Now we turn our attention to....
Chapters 14-17: Teacher Rights
From WebCT you can look at Chapter 21 of Texas Education Code, either via HTML, PDF or Word:
All provisions on are online .
In Chap 21, look at 4 primary subcontracts:
- subchapter C on probationary teachers (21.101 is definition of probationary contract, 21.103 is termination, etc.) - all that subchapter fits on 2 pages
- subchapter E: 21.201: term contracts, 21.202 probationary required to get a term to 21.213
- subchapter F: on hearings before examiners
- subchapter G: on appeals to the commissioner of education
WE WILL REALLY WANT TO KNOW THESE FOR THE FINAL EXAM SCENARIOS!!!!!
- subchapter D not as critical for usmost districts don't use continuing contracts because they look like "tenure" because the Texas legislature has said after a probationary period, Teachers can go on continuing contracts or term contracts
-- continuing contracts / tenure really mean forever in practical terms till retirement
-- term contracts are for a definite period of time (can be up to 5 years, but it has a specified duration)
--- from an employer standpoint, it is beneficial to have term contracts
In House Bill 2 currently, the proposed legislation would change requirements for becoming a Texas school administrator
When I become a principal in 1980 we were just trying to find money to buy Apple IIEs, now it is a critical skill to search and access documents on the web
Facts on the Erb case are always facinating....
Now we will look at the Bay case on p. 675
- this case shows burden of proof was the petitioner (Bay) as the teacher in 1963 in Oregon
- see enumerated findings 1-7 on pp. 676-676
-- these are relevant to the subchapters of Texas education code we talked about from Chapter 21
-- look at 21.259 for example, talks about decision of board of trustees or a subcommittee
---- says not later than 10th day after the board meeting, should announce findings of act and decisions, grant of relief, may adopt, reject or amend hearing examiners conclusions of law (THIS IS A CRITICAL POINT, it does not say "findings of fact" on this)
---- legislature says (with an exception) board cannot change findings of fact, just conclusions of law
--- part C: may reject or amend finding of fact only after reviewing record of the proceedings with officer who made them, and only if substantial evidence exists
conclusion supports "judicial deference" - idea that the court should defer to the legislature's delegation of responsiblity to a state agency
- says "The power to decide such an issue was delegated by the legislature to the Board of Education, therefore, as previously pointed out, the courts are not permitted to substitute their judgement for that of the Board where there is substantial evidence to support the agency"
Now lets look at Urb v Iowa State Board (1974) p. 678
- concludes that Board acted illegally in revoking Mr Urb's teaching contract
Tony case on p. 697 we will come back to with one of the class projects
DUE PROCESS from Chapter 21 (not consitutional of US or Texas) it is TX statutes, it is big and we see it a lot!
- we find this in the 14th Amdt (also in 4th for Congress)
When you are looking at chapter 21, we will see due process statutorialized
- procedural due process
- steps are different if teacher is term or continuing contract
- it is different if you are doing something during the contract term
Now let's look at Pickering case on p. 725
- Pickering, TLO, Brown v Topeka Board of Education, Tinker/Bethel/Hazelwood are probably our most important Supreme Court Cases to look at
Adverse employement action is not limited to termination
- it could also include an adverse letter in your file
Look at case not on p. 732 at end of Mt Healthy decision
- this applies to anyone who is a public employee, can be school teacher, fireman, military member, etc.
- the extent to which you can speak out and still be protected will vary considerably depending on your role
KEY TO PICKERING IS ON p. 732 IN THIS CASE NOTE, WE HAVE TO KNOW THESE 4 STEPS!!!!
1- Is the comment on a matter of public interest? (addressing a matter of public concern, not private interest)
2- Interest of public employee must be balanced against interest of the state as the employer "to promote the efficiency of the public services it performs through its employees"
3- Demonstrate that "such protected conduct was a substantial or motivating facotr in the adverse employment decision"
4- Now burden shifts to defendant, employer may show that the employment action would have been taken even in the absence of the protected conduct
Plaintiff has to show all 3 of these first points to win, Court won't find for them if they can't show all these things
lots of different ways for a public employee to speak out
remember that adverse employment decision could be more than just termination
For next time:
- look at the sample final exam question on WebCT
Posted: Wed - March 30, 2005 at 10:51 PM |
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Published On: Mar 30, 2005 10:51 PM
Total entries in this category: 12
Published On: Mar 30, 2005 10:51 PM
