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Teachers Rights and Responsibilities

Amanda Peters

EDU 210: Nevada School Law

Instructor: Dr. Dale B. Warby

01-23-2018
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Abstract

With court cases coming out like hot cakes within the educational department, I have taken sides

on four of them. I will talk about four different court cases that I either agree with or disagree

with. I will be looking at this from a winning attorney’s standpoint for both defending the

teacher’s side or the school’s side. My arguments might agree with the original decision or I may

choose to disagree with the decision.

Keywords : Reductions In Force (RIF)

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To start we shall review a case to where the school argument is on the favorable side.

Tenure has always been very important to those it has been offered. The sense of job security,

and a pat on the back for good work ethics can make difference in a teachers life. “ Scheer v.

Independent School District, the supreme court held that a teacher was not credited with years of

service sword tenure during the time she was teaching under a temporary contract.” (Underwood

& Webb, 2006) This means it was decided to give nontenured, or temporary contract teachers

ample notice their contracts will not be renewed. The school won and she was denied tenure. The

school’s argument was she was not a fully contracted teacher and was not qualified to receive

tenure.

In another case we see the school wins again for dismissal of a teacher within the statutes

of RIF. “ In Strasberg v. Board of Education, the Seventh Circuit Court of Appeals upheld the

school districts’s decision to release an industrial arts teacher as part of relation in

force.” (Underwood & Webb, 2006) The winning argument was that enrollment was too low for

the class and the budget was too high to keep running the program.

My third case being one that is tricky these modern days. “ Warren v. Bd. of Educ. of the

City of St. Louis, a federal district court determined that a principle acted unreasonably by

ordering a teacher to undergo a drug test after the teacher exhibited “aggressive, erratic and

argumentative” behavior” (Underwood & Webb, 2006) In the end, the court concluded that the

principle was out of line to conduct the search due to lack of evidence or suspicion of

wrongdoing while under the influence of drugs inside the classroom. The teacher was then able

to keep their job, subject to question about their behavior.

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Last case to review is probably one that’s very recognizable. “ Pickering v. Board of

Education Supreme court overturned his dismissal and ruled that teachers, as citizens, do have

the right to make critical public comments on matters of public concern.” (Underwood & Webb,

2006) Unless teachers are making claims that will interfere with employment duties or school

policies they are able to express concerns on public affairs.

The Method

My research has not been one too in depth, but mostly out of our required reading

material. I did look through these cases on the Supreme Court Website, only to double verify the

information given through the text.

The Result

My opinions on these cases vary widely. The first case, Scheer v. Independent

School District, makes me very apprehensive about teaching contracts. I agree with the decision

only based off the legalities and has led me to, in the future, read contracts more closely and set

up negotiations for what I disagree with. The decision made regarding Strasberg v. Board of

Education is one I unfortunately have to agree with. I understand that some arts and skills classes

can’t necessarily survive budget cuts and low enrollment rates. We might love these classes and

extracurricular activities are extremely important, but if it came down to cutting an art class

versus a science class I would have to back the decision to keep science. I agree and disagree

with the results of Warren v. Bd. of Educ. of the City of St. Louis. I think the teacher should

definitely keep his position but have a health screening and talk to a behavioral counselor. Of

course the last case is a tricky one with different avenues of opinion. I’m not sure if I agree with

the decision of Pickering v. Board of Education Supreme but I understand it. We as teachers are
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still citizens as well, our freedom of speech is still a constitutional right we can uphold. Public

concern is something to get involved with as a citizen but you must tread lightly as a teacher and

that is what I disagree with.

Discussion

Comparing these court cases has shown me there is so much more depth to school law

than the average joe realizes. When it comes to the saying, “ Too many hens in the hen house.” I

feel it completely applies to educational decisions. I think there are too many people involved

that can’t come to a compromise, which will only damage everyone else involved. Hopefully

future arguments can be settled quickly and constitutionally fair.

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References

Underwood J., & Webb L. D. (2006). School Law For Teachers: Concepts and

Applications, Upper Saddle River, New Jersey, Pearson Education Inc.

Supreme Court of The United States https://www.supremecourt.gov