EDUL 6012                                                                                        Pamela
Barnett

The Law and School Personnel                                                         Final
Exam

Personnel Law Questions

1)A tenured teacher refuses to
comply with Georgia's
law requiring the teacher in charge of each public school classroom to conduct
a brief period of quiet reflection for not more than 60 seconds. The teacher
claims that the Georgia
law is an unconstitutional infringement on religious rights. What recourse does
the school have?

The moment of reflection is
required by Georgia
law and the teacher’s refusal to comply constitutes insubordination,
willful neglect of duties and encouraging students to violate a valid state
law.  The teacher can be reprimanded
and directed to comply with the Georgia
law requiring her to conduct a brief period of quiet reflection.  If she still refuses to comply the
school can terminate or suspend the teacher.

2) The school board has passed a resolution requiring all
male teachers to wear a tie while teaching, except during physical education
classes, shop classes, or other classes where legitimate health or safety
reasons make wearing a tie problematic. Several teachers have objected that
this dress code infringes on their free speech rights by denying them an
opportunity to express themselves through their dress, and that the regulation
discriminates on the basis of gender. Can the school board require male
teachers to wear ties?

Yes, the school board can require
male teachers to wear ties.  The
teachers’ belief that the resolution infringes on their free speech
rights does not excuse them from following the dress code and is
insubordination if they continue to refuse to adhere to the resolution.

3) In early April an untenured teacher in a Georgia school
district receives notice that her contract will not be renewed for the
following year. She immediately goes to the principal's office and demands that
the principal tell her why she is not being renewed. What should the principal
do?

Since the untenured teacher was
notified of her non-renewal in early April before the April 15 deadline the
principal is not required to explain her non-renewal.  A non-tenured teacher has no legal
expectation of renewal of their contract.
All the principal should do is notify her that
her contract will not be renewed for the following year.

4) A teacher has been dismissed by the school board for
sending a letter to a local newspaper in connection with a recently proposed
tax increase. The letter was critical of the way the board had handled past
proposals. The board determined that the publication of the letter was
detrimental to the efficient operation and administration of the school
district. Will the dismissal be upheld?

Since the speech involves a matter
of public concern the teacher was speaking as a citizen.  The dismissal would not be upheld.  It is not reason enough to dismiss the
teacher just because the board doesn’t like the teacher’s critical
remarks that were published.

5) A teacher has been dismissed by the school board for
sending a letter to a local newspaper in connection with an internal dispute
over when the teacher's lunch hour should be scheduled. The board determined
that the publication of the letter was detrimental to the efficient operation
and administration of the school district. Will the dismissal be upheld?

A school administrator has an
interest in maintaining discipline and authority in their school.  Since the issue is not a matter of
public concern, the teacher is acting as an employee and it must be weighed to
determine if the school can regulate the speech of the employee so that it can
carry on an efficient and effective workplace.  If so, the dismissal will be upheld.

6) A school board plans to dismiss a teacher because of
poor performance and a series of unprofessional fights with both faculty and
students. Shortly before his dismissal, the teacher calls a local radio station
and raises several issues of alleged misconduct by the school district. After
being dismissed, the teacher claims that his rights of Free Speech were
violated by the dismissal. Will the dismissal be upheld?

Yes.  The employer will be able to show that
it would have taken the same employment action against the employee in the
absence of the protected speech.
The dismissal is based on the poor performance and series of
unprofessional fights with students and faculty.

7) During non-instructional time, a middle school teacher
is busy grading papers and allows a student to play a video tape for the class
to view, without previewing the tape. The video tape contains some indecent
language and images, and many parents complain to the principal and school
board about the incident. The teacher is dismissed, and in a dismissal hearing
the teacher claims rights of academic freedom and that the tape had serious
educational value. Will the dismissal be upheld?

Since the teacher did not preview
the tape before using it during non-instructional time, the teacher cannot
claim rights of academic freedom.
The dismissal would be upheld.

8) A high school social studies teacher has been inviting
various political speakers to his class to lecture students concerning a
variety of political ideologies. The teacher invites a member of the U. S.
Communist Party to speak. Subsequently, many parents contact the school board,
complaining of the teaching of communist ideas in the school. The board votes
to dismiss the teacher. Will the dismissal be upheld?

No.  The teacher invited various political
speakers to his class to lecture students concerning a variety of political
ideologies.  He was not promoting or
supporting one political ideology.

9) A school board has established a policy requiring
mandatory drug testing of student athletes and their coaches. Is the policy
constitutional?

It is constitutional for student
athletes to be drug tested for participation in interscholastic athletics.  It is not constitutional for coaches to
be drug tested.

10) The high school faculty in a Georgia school adopts a policy
prohibiting any discrimination on the basis of sexual orientation.
Subsequently, several high school teachers publicly announce their
homosexuality. The school board publicly condemns the high school's sexual
orientation policy, and moves to dismiss all the teachers that publicly
announced their homosexuality. Will the dismissals be upheld?

The dismissal will be upheld if the
teachers’ publicly announcing their homosexuality adversely affects their
job performance.

11) A teacher is serving in the third consecutive year for
the same Georgia
school district. At the end of that school year, the school district decides
not to renew the teacher's contract. The teacher claims that she is
"tenured" and can only be dismissed based on a valid cause under Ga.
Code § 20-2-940. Who is correct?

The teacher is correct since she
was not notified by April 15 of the intent to nonrenew
her contract.  (Considering that the
end of that school year is after April 15).

12) A teacher was formerly tenured in Houston County, Georgia
and resigned. Several years later, the teacher accepts a teaching contract in
another Georgia
county school system. At the end of the school year, the school district
decides not to offer the teacher another contract. The teacher claims that she
is tenured, and can only be dismissed based on a valid cause under Ga. Code
§ 20-2-940. Who is correct?

The teacher is correct since she
was not notified by April 15 of the intent to nonrenew
her contract. (Considering that the end of that school year is after April 15).

13) A teacher was formerly tenured in Alabama
and resigned to move to Georgia.
The teacher accepts a teaching job in a Georgia county school system. At
the end of the school year, the school district decides not to offer the
teacher another contract. The teacher claims that she is tenured, and can only
be dismissed based on a valid cause under Ga. Code § 20-2-940. Who is
correct?

The school district is correct as
related to the teacher having tenure.
The Fair Dismissal Law does give “tenure” to teachers
certificated by the Georgia Board of Education and who serves 3 consecutive
years in a local system.  But the
teacher should have been notified of her nonrenewal
by April 15th otherwise she can consider she has a position.

14) A public school administrator is tenured. The
administrator is subsequently reassigned to another position having less
responsibility and prestige, but is given a small raise. The administrator
claims that the reassignment is a demotion, and requests a due process hearing.
The school district denies the request for a due process hearing. Who is
correct?

The school district is correct
since the administrator was given a raise.

15) A public school administrator is tenured. The
administrator is subsequently reassigned to another position having less
responsibility and prestige, and does not receive the regular annual raises
given to peers. The administrator claims that the reassignment is a demotion,
and requests a due process hearing. The school district denies the request for
a due process hearing. Who is correct?

The administrator is correct since
the position has less responsibility, prestige and he does not receive the
regular annual raises given to peers.

16) A school district has established a system of hiring
that provides preferences to certain individuals on the basis of race. An
otherwise qualified applicant, a member of a non-preferred race, has filed suit
against the school district claiming that the school's hiring policy violates
the Equal Protection clause of the U. S. Constitution and Title VII of the
Civil Rights Act of 1964. Although the school acknowledges that its race based
actions are not required as a remedial measure, the school claims its policy is
justified by the need to achieve racial diversity in the district. Who is most
likely to prevail?

The qualified applicant is likely
to prevail since the school district policy violates the Equal Protection
clause and Title VII.

17) A school district, which already has a male counselor,
is seeking a female counselor for its high school. A male applicant, who is
otherwise qualified for the second counselor position, has filed suit against the
school district claiming that the school's hiring policy violates the Equal
Protection clause of the U. S. Constitution and Title VII of the Civil Rights
Act of 1964. Who is most likely to prevail?

The school district is likely to
prevail if it can establish that hiring a female counselor is a bona fide
occupational qualification to meet the normal operation of the school.

18) A school superintendent believes that since the vast
majority of the community is Christian, that their local schools should reflect
these Christian values. Therefore, the superintendent is seeking Christian
teachers for the local schools. A non-Christian applicant sues the school
district claiming a violation of Title VII. The superintendent responds that
Title VII provides for an exception for employment related to "religion,
sex, or national origin" where there is "a bona fide occupational
qualification reasonably necessary to the normal operation of that particular
business or enterprise. " But if the school will
not hire Christian teachers only, the superintendent states that he will open a
competing private school hiring only Christian teachers. Who is most likely to
prevail?

Since it is a public school and
religion cannot be a bona fide occupational qualification reasonably necessary,
the non-Christian applicant is likely to prevail.

19) The state legislature has adopted a policy of hiring
only U. S.
citizens for public school teaching positions. A resident alien, who is married
to a U. S. citizen and has
been living in the U.S.
for ten years is denied employment as a public school teacher and sues. Who is
most likely to prevail?

The resident alien will likely prevail since
discrimination based on citizenship violates Title VII's
prohibition against national origin discrimination.

20) An office secretary, serving as an "at will"
employee, has performed her duties satisfactorily for five years. Despite her
strenuous objections, she is transferred to another office position. After she
is transferred, she distributes a questionnaire to other office workers in the
district soliciting their views on the district transfer policy, office moral,
confidence in administration, and the need for a grievance policy. She is
terminated for insubordination because of her refusal to accept her transfer
and the distribution of the questionnaire. She sues the school district,
claiming that she has been wrongfully terminated for exercising her rights to
free speech. Who is most likely to prevail?

The school district is likely to
prevail since the secretary is an “at will” employee and because of
her refusal to accept her transfer which can be considered insubordination.

21) A teacher was absent six or seven days per year for
religious holidays. School policy allowed three days per year for religious holidays,
but prohibited using sick leave or personal leave for religious holidays. The
teacher repeatedly asked the school board to adopt a policy that would allow
the use of personal leave days for religious holidays, or to allow the teacher
to receive his regular daily pay on religious holidays and to reimburse the
school for the cost of a substitute teacher. The board rejects the proposals,
but would allow limited unpaid leave for the teacher. The teacher sues,
claiming religious discrimination in violation of Title VII. Who is most likely
to prevail?

The school board is likely to
prevail with the school policy in place that denies the teacher from using
personal leave and since they have made reasonable accommodation by allowing
the teacher to take the days as unpaid leave.  I question the school policy of not
allowing personal leave for being used for anything that is personal and
without requiring the teacher to provide the reason for personal leave other
than it is personal.

22) A school administrator was suspended and placed on
leave pending an investigation of alleged misappropriations of equipment and
sexual harassment. While the administrator was on leave, school personnel
conducting the investigation entered and searched his office, seizing several
personal items from his desk and files. Some of these items were used in the
hearing that resulted in the administrator's termination. The administrator
sues, claiming that the search of his office was illegal and violated his
Fourth Amendment rights. Who is most likely to prevail?

The school system is likely to
prevail since the school system’s interest in conducting the search
outweighs the reasonable expectation of privacy.  Also if the desk and files were
accessible by others, AP, secretary, bookkeeper, etc. they may not be
considered private.

23) A public school superintendent appointed a community
advisory panel to provide input on certain public school issues. The
superintendent chose individuals from the community on the basis of their
leadership in community groups. A group of African-American citizen's claimed
that there is a numerical racial imbalance on the advisory panel. They
presented evidence that the superintendent was unaware of some of the
African-American groups in the community. They filed a suit alleging denial of
equal protection and requesting proportional racial representation on the
advisory panel. Who is most likely to prevail?

The superintendent is likely to
prevail since numerical racial imbalance alone is not proof of unconstitutional
discrimination.

24) The state has adopted a test of academic skills that
individuals must pass to be eligible for employment as public school teachers.
While there is no showing of discriminatory intent or administration of the
test, nearly four times more African-Americans as whites have failed the test.
A group of African-Americans that failed the test have claimed that the test
has a disproportionate racial impact, and is therefore unconstitutional. Who is
most likely to prevail?

The state will most likely prevail
unless the test is shown to not be
significantly related to successful job performance

25) A teacher has signed a contract to teach physical
education in a Georgia
public school district. Two months before the school year begins, the teacher
receives and accepts an offer from another school district. The teacher tells
the school she has another job offer and asks the school to cancel her
contract. The school district refuses and sues the teacher for breach of
contract. Who is most likely to prevail?

The school district will most
likely prevail since the teacher did not give notice in writing to the school
district by May 1 that she wanted to cancel her contract.

26) A school district has replaced a 56 year old public
school administrator with a 40 year old administrator. The Age Discrimination
in Employment Act of 1967 (ADEA) prohibits discrimination in employment against
those who are 40 or older. The 56 year old administrator sues the school
district under the ADEA. The school district responds by claiming that the ADEA
does not apply because both employees in this case are older workers eligible
for ADEA protection, and the 56 year was not replaced by someone outside the
age group protected by the ADEA What is correct?

The administrator is correct since
the ruling by the Supreme Court in a case where an individual over 40 was
replaced by a younger individual over 40.
The ruling stated, “The fact that one person in the protected
class has lost out to another person in the protected class is irrelevant, so
long as he has lost out because of his age.”

27) A Georgia
public school principal has been the subject of several inaccurate charges made
by a community member. The community member has communicated these charges to
other persons in conversations and in a letter to the local newspaper. The
principal explained to the community member why these charges were inaccurate,
and told the community member that she will file a suit for slander and libel
if he does not stop making these inaccurate and stigmatizing charges. The
community member responds that since the principal is a public official, he has
a First Amendment right to make these statements. Who is correct?

The principal is correct if the
charges are not true.