Chapters 4-8 LAW final

The California Education Code requires evaluation and assessment of the performance of each certificated employee at least once a year



every other year or not 

if teacher 10 years, every 5 years.

The objective of formative evaluation is to help each teacher develop to the optimum by strengthening existing skills, while discovering and correcting weaknesses.
Summative evaluation is generally more formal than formative evaluation and requires documentary data.
The right of a school board to terminate an employee from service is clearly established in state statutes and confirmed by the courts.
Progressive discipline may be defined as a “series of disciplinary steps, each step calling for more than serious disciplinary action.”
Tenure is defined as a statutory right to continued employment.  Once an employee has received tenure, an employer must have proof of “good cause” prior to dismissal.
One of the arguments against the granting of tenure is that is may protect incompetent and undesirable teachers in the profession.
Immoral or unprofessional conduct is one of the 12 specific reasons for dismissal of a tenured teacher.  Nonconventional sexual life style is an example of immoral conduct and may be grounds for dismissal.


sexual lifestyle is not an example of immoral conduct


Being charged with a felony is grounds for dismissal under California law.  Examples of a felony include arrest for selling of drugs or pornography.
State courts have agreed that tenured teachers possess property and liberty rights.  The US Supreme Court affirmed Roth v. Board of Regents that non-tenured employees are entitled to property and liberty rights.



non-tenured employees do not have property rights but do have due process

Board of Regents v. Roth
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
Pickering v. Board of Education

established the principal that public school teachers have 1st amendment right to freedom of expression


the supreme court sided with teacher who was dismissed for writing a published letter criticising the school board.

Mt. Healthy District v. Doyle

Doyle claimed that the Board’s refusal to renew his contract in 1971 violated his rights under the 1st/14th amendments to the us constitution.


District held that Doyle was entitled to reinstatement with back pay.

Fowler v. Board of Education


Teacher showed the movie “Pink Floyd the Wall” to students in Kentucky in 1984

Does the 1st Amendment extend to a teacher’s exercise of academic freedom?

Is “conduct unbecoming a teacher” unconstitutionally vague?

The district court found the 1st amendment did protect the teacher’s conduct, the court of appeals concluded that the 1st amendment does not when the teacher uses a blatant lack of judgement.

Wilson v. Chancellor

East Hartford Education Association v. Board of Education of town of East Hartford, 1977


In refusing to wear a tie to school, was the teacher violation of the dress code “symbolic speech” and therefore protected against governmental interference by the First Amendment?



Fuhr v. City of Hazel Park


Was it sexual discrimination under title VII when high school decided to promote male basketball coach (Barnett) over female basketball coach (Fuhr) as head of boy’s varsity basketball team?


Fuhr had much more experience and jury awarded on her side. She was named the boy’s varsity basketball coach. ;She was able to provide evidence that gender was a factor in why she was not chosen.


Eckmann v. Board of Education

Northern District of Illinois, 1996

Teacher was raped and became pregnant. ;In keeping her pregnancy and therefore and “unwed mother” she was fired from her position.;

Jury found in favor of the plantiff (teacher) and she was compensated $750,000.;

A woman cannot be discriminated “because of or on the basis of sex” Women cannot be fired because they are pregnant.

Lehnert v. Ferris Faculty

Supreme Court, 1991

Is the usage and collection of union dues in the form of “service fees” from dissenting nonmember employees a violation of the 1st Amendment freedom of speech rights?

Court found in favor of the plantiff but upheld the compulsory “service fee”. Unions provide support to the bargaining table in a variety of ways both direct and indirect. ;Non-union employees befefit from this bargaining.

Plessy v. Ferguson

supreme court, 1896

What are the 4 descriptors of teacher probation

1. first 2 years of service a teacher is probationary

2. renewal at descretion of the board

3. notice of non-revewal must be give by march 15

4. ;teacher must be given notice at least 14 calendar days prior to termination

What are the 3 descriptors of tenure?


1. teacher has statutory right to continued employment

2. you need proof of “good cause” to dismiss

3. rules vary from state to state

What are the 6 arguments FOR tenure

1. economic efficiency

2. protection from unwarranted attacks

3. freedom from anxiety

4. better teachers

5. interest in professional development maintained

6. resistance to whims for pressure groups

What are the 6 arguments AGAINST tenure?

1. protection for imcompetent and undesireable….

2. difficulty of supervision

3. increase in teacher turnover

4. not found in other professions (doctors are not tenured)

5. failure to do a competent job

6. “competent teachers do not need protection”

What are the 10 grounds for dismissal in California?

1. immoral or unprofessional conduct ;;2. communism

3. dishonesty ;4. unsatisfactory performance

5. evident unfitness for service ;6. physical or mental condition

7. refusal to obey the law ;8. conviction of a felony

9. alcoholism or other drug use

10. unprofessional conduct

Special Education administrators and parents have developed a series of terms and acronyms. ;For example, LRE stands for “least restrictive environment”.



An important US supreme court decision was Brown v. Board of Education. ;Although this decision dealt with racial segregation, the decision had an impact on children with disabilities.
Pennsylvania Assoc. for Retarded Citizens v. Commonwealth of Pennsylvania was the first major suit brought by parents of students with disabilities. ;As a result of this decision, an agreements was negotiated providing that all students between the ages of 6–21 would receive a free public education.


only mental retardation

Mills v. Board of Education influenced the direction of education for students with disabilities.  An important part of this decision was establishment of the concept “least restrictive environment”


it established free and adequate public education

Starting in the 1970’s, the federal Congress passed several key pieces of legislation related to students with disabilities.  Public Law 93-112, the Vocational Rehabilitation Act, forbade discrimination based on an individual’s handicap in any program that received state funding


Section 504 Rehab. Act

Public Law 94-142, approved by Congress in 1975, approved Education for All Handicapped.  This law required all states to establish a free and appropriate education program for students with special needs.
Congress approved the Individuals with Disabilities Education Act, Public Law 101-576, in 1990.  This act directed states and school districts to provide disabled students with special schools and programs to meet their individual needs.
A perplexing issue for parents and educators has been the phrase “free, appropriate education.”  To some extent this concept was clarified by the US Supreme Court in Board of Education of the Hendrick Hudson Central School District v. Rowley.  The significance of Rowley is that school districts are required to provide the best possible education to disabled students.



not “best possible education”, “adequate education”

The requirement that teachers develop an IEP for each student identified as having a disability was a major milestone in the education of special education students.



A whole team develops the IEP

In Honig v. Doe, the US Supreme Court prohibited a school district from unilaterally excluding a disabled student from the classroom for an indeterminate period of time when that student’s dangerous or disruptive conduct is related to his or her disability.
Americans with Disabilities Act
California Master Plan
Free and Appropriate Education
Hate Crimes Prevention Act
Individuals with Disabilities Education Act
Individualized Education Plan
Least Restrictive Environment
P.L. 94-142
Public Law 94-142
Related Services

Board of Education of the Hendrick Hudson Central School District v. Rowley


Defines the parameters of “appropriate” under the “free appropriate public education” (FAPE)


Does appropriate mean “meets grade level” or “meets student potential”



Thomas v. Atascadero Unified School District


Under the meaning of 504 Rehabilitation Act of 1973, was Ryan Thomas a “handicapped person” and have right to attend kindergarten?

Ryan Thomas had AIDS and was not allowed to return to school after biting another student.

Court found in favor of the plantiff (student) and he was considered a handicapped person and allowed back to school

Gon Lum v. Rice


Came after Plessy v. Ferguson, 

separate but equal ok with education

Brown v. Board of Education of Topeka


“Separate but equal” doctrine violates the 14th Amendment


Declared de jure segregation in the public schools unconstitutional

Milliken v. Bradley


Did not allow bussing between disricts (Detroit)


The end of SC unwavering support of the desegregation.

Sheff v. O’Neill


Grutter v. Bollinger


Giving extra points just because the student is an “underrepresented minority” is not a compelling interest.

Tuttle v. Arlington County School Board


4th Circuit, 1999

Use of lottery was unconstitutional
Boston’s Children First v. City of Boston

Parents Involved in Community Schools v. Seattle School District #1


9th circuit

Court Ordered Integration Programs

1. Magnet programs

2.  PWT permits with transportation

3.  OTS Other transported students

4.  SAB Space Available Basis

Federal Mandated Integration Programs
PSC public school choice offers students the opportunity to transfer from a program improvement (PI) to a non=program improvement school.