Week 7 - Principal Interviews

Week 7 - Principal Interviews

1. Comment on your classmates' Principal Interviews
2. Respond to classmates' responses to the case study..  
3. Post a "What if" question on one of the two topics.

Reminders:

• Case Study is due by July 28th.
• We will meet the last night of class (July 30th) for research PowerPoint presentations.

I will makes comments to your post by Sunday evening. Next week's topic will be posted by Monday evening. Happy blogging..........


CASE STUDY


Desegregation and Teacher Transfer
A board of education in an urban school district of 160,000 students adopted a teacher-transfer pol-
icy in each of its schools to establish a racial composition that was within 10 percent of the racial
composition of the district population as a whole. This policy was not mandated by the court.
Essentially, this policy restricted voluntary transfer of black and white teachers to other schools
within the district but also required reassignment of other teachers. The policy was challenged by
the teachers’ association, which claimed a violation of teachers’ Fourteenth Amendment rights.


Discussion Questions
1. Does the teachers’ association have a valid claim? Why or why not?
2. Is the district justified in the formulation of this transfer policy? Why or why not?
3. Can teachers make a valid claim of disparate impact in this case? Why or why not?
4. Should the policy be race neutral? Why or why not?
5. Do you feel that such a policy is arbitrary and capricious? Why or why not?
6. How would the court likely view this policy?
7. What are the administrative implications.

Week 6 - Teacher Freedoms

Week 6 - Teacher Freedoms

 Please read the information below. These experts were lifted from the textbook.

1. Respond to the discussion questions in the case study.
2. Respond to at least two comments on your classmates' posts.
3. Post a "What if" question on one of the two topics.

Reminders:

• Week 7 you will post your Principal Interview results for class discussion.
• Case Study is due by July 28th.
• We will meet the last night of class (July 30th) for research PowerPoint presentations.

I will makes comments to your post by Sunday evening. Next week's topic will be posted by Monday evening. Happy blogging..........

 

 

Public school teachers do not relinquish their rights as a condition of accepting an employment position in the public schools. Although teachers are expected to be sensitive to the professional nature of their positions and have a regard for the integrity of the profession, they do enjoy cer-tain constitutional freedoms that must be respected by school authorities. Since teachers enter the profession with constitutional rights and freedoms, boards of education must establish a com-pelling reason to restrict these freedoms. In these instances, the burden rests with school author-ities to demonstrate that their actions are not arbitrary, capricious, or motivated by personal and political objectives. The courts, in addressing conflicts involving constitutional freedoms of teachers, attempt to balance the public interest of the school district against the personal rights of each individual employee. Thus, teachers are subject to reasonable restraints only if a legitimate, defensible rationale is established by the school district.

 

Teacher Freedoms

1. Teachers and administrators do not lose their constitutional rights when they enter the educational profession. Within limits, they possess the same constitutional rights as do other citizens.
2. School personnel should avoid personal attacks or libelous or slanderous statements when exercising freedom of expression rights or expressing concerns of interest to the community.
3. School personnel should not knowingly report false information, when criticizing a district’s decision or actions.
4. School officials may not penalize or otherwise discriminate against teachers for the proper execution of their First Amendment rights, especially regarding issues of public concern.
5. Academic freedom is not a right. It is a judicially recognized academic interest for elementary and secondary teachers. Teachers should introduce material in the classroom that is appropriate and related to their assigned subject matter. The classroom should never be used as a forum to advance the teacher’s political or religious views.
6. Teachers and administrators may associate with whomever they wish, as long as their association does not involve illegal activity or their behavior does not render them unfit to perform their job functions effectively.
7. Dress, grooming, and appearance may be regulated by school boards if a compelling educational interest is demonstrated or if such codes are supported by community standards.
8. Teachers and administrators are entitled to rights of privacy and cannot be legally penalized for private noncriminal acts.
9. Pregnant unwed teachers may not be automatically dismissed unless there is a definite reason for doing so.

CASE STUDIES:
Teacher Rights— Unwed Teacher and Girlfriend Living Together
Tom Davis is a newly appointed principal in a small conservative community. He has just been assigned Mark Scott, a dynamic, energetic seventh- grade math teacher. Davis later learns that Scott and his girlfriend are living together. The principal is informed of this by a group of parents who are outraged that Scott is setting a poor example for young children. They are upset and are calling for action. Davis talks with Scott, who does not deny that he and his girlfriend are living together. He further informs Scott in a very professional manner that what he does in his private life is his business.

Discussion Questions

1. Is Tom justified in approaching Mark on a personal and private matter? Why or why not?
2. How does Davis handle this situation with Scott?
3. Does the principal have a right to infringe on a teacher’s private life? Why or why not?
4. Outline a plan to resolve this situation.
5. Would the courts likely support your plan of resolution?

Teacher’s Freedom of Speech— Racial Content
Freddie Watts, principal, and Jimmy Brothers, assistant principal, are African American admin-istrators assigned to administer a predominantly black high school. Ann Griffin, a white tenured teacher, during a heated conversation with the two administrators stated that she “ hated all black folks.” When word of her statement leaked, it caused negative reactions among colleagues both black and white. The principal recommended dismissal based on concerns regarding her ability to treat students fairly and her judgment and competency as a teacher.

Discussion Questions

1. Is Watts justified in his recommending Ann’s dismissal? Why or why not?
2. Is the principal overreacting to Ann’s statement? Why or why not?
3. Does Ann’s statement establish a basis for dismissal? Why or why not?
4. Can Ann make the case that her statement was a private statement that does not give rise to serious disciplinary action? Why or why not?
5. As principal, would you have made a similar recommendation for dismissal? Why or why not?
6. How do you feel the court would rule in this case? Provide a rationale for your response.

Week 5 - Religion and the Public Schools

Week 5 - Religion and the Public Schools

 

Please read the information below. These experts were lifted from the textbook.

1. Respond to the discussion questions in the case study.
2. Respond to at least two comments on your classmates' posts.
3. Post a "What if" question on one of the two topics.

Reminders:

• This is Week 5, by now you should be well on your way to developing your Principal Interview questions. You should post your questions by the end of the week for class critique.
• By now you should have decided whether you are going to complete your research project individually or as a group.
• Week 7 you will post your Principal Interview results for class discussion.
• Case Study is due by July 28th.
• We will meet the last night of class (July 30th) for research PowerPoint presentations.  

I will makes comments to your post by Sunday evening. Next week's topic will be posted by Monday evening. Happy blogging..........

 

Prayer, Bible Reading, and Silent Meditation

1. School-sponsored prayer is illegal and cannot be justified based on First Amendment prohibitions.
2. School-sponsored Bible reading in public school is an illegal activity. However, the Bible may be used as an instructional document to meet a secular purpose.
3. Silent meditation or any other type of devotional activity sanctioned by schools will not be supported by the courts.
4. Invocations at school-sponsored athletic activities violate the establishment clause of the First Amendment.
5. Private voluntary prayer by a student is permissible under the free exercise clause of the First Amendment.

Prayer at School Events

 

In light of the court rulings regarding prayer at graduation ceremonies, it would be prudent for administrators to develop carefully drawn guidelines to minimize legal challenges in this area, such as the following:

1. Develop legally defensible guidelines that are supported by the U.S. Supreme Court decision addressing student-initiated prayer at athletic contests and other school events.
2. Do not rely on customs and community expectations when encouraging student-initiated prayer at school events.
3. Student-initiated prayer is probably permissible at school events when not endorsed by school officials.
4. School officials should respond judiciously if alerted that school personnel are encouraging students to offer voluntary prayer at school-sponsored events.
5. Voluntary student-led prayer will likely pass court scrutiny when it is initiated solely by students without involvement of school personnel.
6. Prayer at school board meetings violates the establishment clause, creates excessive entanglement, and cannot be justified on the basis that such meetings are similar to legislative sessions rather than school events.

Equal Access

1. Do not allow some student clubs with similar non curricular functions to meet on school premises although denying other religious clubs this same privilege, especially where there are ideological differences between the administration and the student groups.
2. Avoid denying religious clubs access based on personal or philosophical disagreement with the clubs’ objectives.
3. Do not establish extremely broad definitions as to what is considered curriculum related in an effort to ban religious clubs.
4. Avoid classifying all other clubs as curriculum related irrespective of function and disallowing the same classification for religious clubs.
5. School authorities should consult the district’s legal counsel regarding any questionable religious activities in their school.
6. High school student religious clubs may be allowed to use school facilities if the school supports a limited open forum. They cannot be denied use if other non curricular groups are permitted to use facilities before or after the school day.

Use of Facilities by Outside Religious Groups

1. School districts must allow religious groups access to their facilities if other nonreligious groups are permitted to use them.
2. School officials are not expected to allow religious groups to use facilities for regular religious services, even when an open forum is established by the district.
3. School districts are not required to accommodate religious groups under a closed forum policy.
4. In the absence of religious services, school officials must remain viewpoint neutral in permitting religious groups to use facilities under an open forum.

Bible Teaching

1. The Bible must be taught objectively and in a strict secular manner.
2. Teachers should not create a devotional (religious) atmosphere when teaching the Bible.
3. Teachers assigned to teach the Bible as part of the school’s secular program must be properly instructed on how and what to teach.
4. School officials should formulate policies governing Bible teaching through the involvement of teachers, students, and, where appropriate, parents and community leaders.
5. Bible-teaching policies should be communicated effectively to teachers, students, and parents.

 Intelligent Design

1. Advocates of intelligent design argue that it is not based on the Bible, is a scientific theory, and should have equal status with other scientific theories. However, this view has not received significant support by the scientific community.
2. The theory of intelligent design suggests that certain features of the universe and of living things are best explained by an intelligent cause rather than a natural selection.
3. Intelligent design asserts that physical and biological systems in the universe result from a purposeful design by an intelligent being rather than from chance or undirected natural causes.
4. A district judge in Pennsylvania has ruled in Kitzmiller v.  Dover that teaching intelligent design is unconstitutional because it carries religious connotations.
5. Unless ruled unconstitutional by a federal court in its jurisdiction, the decision regarding inclusion of intelligent design into the school’s curriculum is left to the discretion of school boards since the U.S. Supreme Court has not addressed its legality.

Theory of Evolution

1. Evolution theory suggests that all life is related and has descended from a common ancestor.
2. Historically, evolution theory had been banned from public school curriculum based on a view that it conflicted with the biblical version of creation.
3. The U.S. Supreme Court, however, in Epperson prevented lawmakers from banning the teaching of evolution in public schools, holding that evolution is a science rather than a secular religion.
4. Biological evolution is considered to be a fact based on historical evidence by biologists.
5. The prevailing debate among biologists revolves around details of how evolution occurred rather than whether it occurred.
6. The evolution theory provokes controversy between the scientific community and certain Evangelical and Fundamentalist Christian religious groups based on their attempts to prevent the teaching of evolution by having it replaced with teaching from their religious traditions.
7. The decision regarding the inclusion of evolution theory is left to the discretion of the school board.

Religious Activities

1. School-sponsored holiday programs are permitted if they are not conducted in a religious atmosphere.
2. Released time for religious instruction may be allowed if evidence reveals that no public school
3. resources are involved. Use of public school resources violates the establishment clause of the First Amendment.
4. School districts may find it difficult to justify the posting of the Ten Commandments or other references to God as meeting a purely secular purpose.
5. Religious pageants, displays, or symbols will not meet the constitutional requirements of neutrality by school officials. Statues or pictures may be used to teach art forms if taught as a secular activity.
6. The distribution of religious material by external groups is illegal if the distribution occurs on school premises. However, a student may be allowed to distribute religious pamphlets if the distribution does not interfere with normal school activities or create material or substantial disruption.
7. School authorities must respect the free exercise rights of students, unless the exercise of those rights violates the rights of others or disrupts the educational process.
8. School authorities must respect the free exercise rights of students, unless the exercise of those rights violates the rights of others or disrupts the educational process.
9. School authorities must refrain from any activity that would create an unclear line of separation between school activities and religious activities.
10. School authorities should consult the district’s legal counsel regarding any questionable religious activities in their schools.
11. Aid to students attending religious school in the form of computers and equipment is permissible as part of a general program designed to enhance overall educational opportunities of all students.
12. Students may not be compelled to recite the Pledge of Allegiance based on their right to freedom of expression.

Religious Freedoms

1. Wearing of religious garb by teachers may be disallowed if their dress creates a reverent atmosphere or has a proselytizing impact on students.
2. The religious rights of teachers must be respected, as long as they do not violate the establishment clause of the First Amendment by creating excessive entanglement in the school.
3. School officials must make reasonable accommodations for teachers regarding observance of special religious holidays, as long as such accommodations are not deemed excessive or disruptive to the educational process.
4. Teachers should not be coerced to participate in nonacademic ceremonies or activities that violate their religious beliefs or convictions.
5. In cases involving the performance of their nonacademic duties, teachers may be requested to present documentable evidence that a religious belief or right is violated.
6. No form of religious discrimination may be used to influence decisions regarding employment, promotion, salary increments, transfers, demotions, or dismissals.

CASE STUDIES


Religion and Student Expression
Jean Riley is the principal of a small elementary school in a metropolitan school district. One of
her best teachers asked her first-graders to make a poster depicting things for which they were
thankful. One student made a poster expressing thanks for Jesus. Posters were displayed in the
school’s hallway. The student’s poster was removed but later returned in a less prominent place.
The next year, the student was chosen to read a story to the class. The student selected an adaptation of a biblical story.


Discussion Questions

1. Should the student be permitted to read his biblical story? Why or why not?
2. What is the legal issue surrounding both the poster and the biblical story?
3. What legal risks does the school incur (if any) if it permits both of these activities?
4. What legal risks does the school incur if it denies both of these practices?
5. How would the courts likely rule on this case? Provide a rationale for your response.

Use of Facilities by Religious Groups
Gayle Dixon is the principal of a midsize metropolitan high school. The school maintains an
open forum, thereby allowing non curricular groups to use facilities during non instructional
times, including student religious groups. A Bible club has requested the use of school facilities,
but Dixon learned that the club’s charter allows only Christians to be club officers. In her mind,
this provision of the charter is discriminatory. Based on this provision, she rejected the club’s
request to use school facilities. The club filed suit.

Discussion Questions

1. Does the club have legitimate grounds to file suit? Why or why not?
2. Is Dixon justified in rejecting the club’s request to use school facilities? Why or why not?
3. Does the Bible club have the right to specify that only Christians may be club officers? Why or why not?
4. If you were the principal, would you handle this situation any differently?
5. How do you think the court would rule in this case? Provide a rationale for your response.
6. What are the administrative implications of this case?