Due Process Rights of Teachers
Point of Law Scholarly Contribution
The U.S. Constitution
The 5th and 14th amendments guarantee due process for all.
Is the policy written clearly enough that a normal person reading them can understand the prohibitions?
Irrationality & Presumption Test
"The Supreme Court requires that there be a rational connection between the fact proved and the ultimate end presumed" (Alexander & Alexander, 2005, p.789).
Global Connection: Australia
- Board of Regents v. Roth, 1972: Denying a teacher employment may impact one's right to liberty and property as noted in the Due Process Claus
- Cleveland Board of Education v. LaFleur, 1974: Mandatory leave rules and cutoff dates for pregnant teachers infringe on teachers' due process rights.
- Cleveland Board of Education v. Loudermill, 1984: Public employees have the right to due process, including oral and/or written notice of dismissal and of charges against them, explanation of the evidence, and the opportunity for a hearing. This landmark case outlined our current due process practices.
- Connell v. Higgenbotham, 1971: Disclaimer portions of the oath recommended dismissal from public employment without due process and was therefore unconstitutional.
- Crump v. Board of Education of Hickory Administrative School Unit, 1990: Even one member of the school board showing bias denies a teacher due process.
- Perry v. Sindermann, 1972: Even though Odessa Junior College did not have a tenure system, Perry’s first and fourteenth amendment rights were violated by not being afforded a hearing before termination.
Weiman v. Updegraff, 1952: The U.S. Supreme Court held that an Oklahoma loyalty oath was unconstitutionally vague and violated the due process rights of a faculty member who refused to take the oath.
Alexander, K. & Alexander M.D. (2005). American public school law. Belmont, CA: Thompson West.
Benson, S. (2012 February 11). School management gets the power to hire and fire duds. The Daily Telegraph. Retrieved from http://www.dailytelegraph.com.au/schools-to-hire-and-fire/story-e6freuy9-1226268171446
Board of Regents v. Roth, 408 U.S. 564 (1972)
Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974)
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985)
Cornell v. Higginbotham, 403 U.S. 207 (1971)
Crump v. Board of Education of Hickory Administrative School Unit, 392 S.E. 2d 579 (1990)
Department of education. (2013). Retrieved from http://www.det.wa.edu.au/policies/detcms/policy-planning-and-accountability/policies-framework/guidelines/grievance-framework.en?cat-id=3457094
Perry v. Sindermann, 408 U.S. 593 (1972)
Preiss, B. (2013 October 23). Mixed blessing as principals get power to sack teachers. The Age. Retrieved from http://www.theage.com.au/victoria/mixed-blessing-as-principals-get-power-to-sack-teachers-20131022-2vzbd.html#ixzz3my0Vys1t
Wieman v. Updegraff, 344 U.S. 183 (1953)