"King can do no wrong"

Cannot sue a state, but it can aborgate it's immunity and then you can sue. If not, you cannot sue for damages in tort

Court will defer to the legislative authority in statutorly establishing governmental immunity

"court created immunity and courts can abolish it"

School Boar members have qualifed immunity, but may be liable, as individuals, for damages under section 1983 of the Civil Rights Act of 1871

They did violate the constitutional rights for due process

Nexus existed betweena teacher/Preacher's "Holy Hugs and Kisses" with minor sufficient to confirm revocation of his teaching certificate

Pickering-->Connick-->Garcetti-->Mt. Healthy-->Givhan

Teacher's rights of speech, public concern, balance of interests

Public vs Private concerns

Pursuit in duty

Motivating Factors

Public concern in private

Teachers have a constitutional right to speak out freely on matters of public concern.

1. Whether the public employee spoke as a citizen on a "matter of public concern."

2. If the answer to above is "yes," then the question becomes whether the public employer had adequate justification for treating the employee differently from any other member of the general public.

Dismissal of Public Employee for distribution of questionnaire concerning matters not a public concern to other office staff did not violate constitutional right of free speech.

PUBLIC V. PRIVATE CONCERNS

Courts must balance this out

Materials posted on a classroom bulletin board by teacher were curricular in nature and, thus, were not protected speech on a matter of public concern.

*Remeber Hazelwood*- Schools have a voice too!

First Amendment Does not Entitle Teacher to Advocate her viewpoint on an antiwar demonstration during classroom session

Applied Garcetti

violated school rules- even though it was her ideas, she was in the school, so that reflects on the school.

No First Amendment Freedom is Lost to a teacher who chooses to communicate privately with his or her employer

-Public speech in private-

you cannot fire for that

Free Speech is not offended by teacher dismissal for letter to other teachers encouraging sick-out.

Teacher calling on other teachers to leave post, be dishonest with sick leave, etc. In the right to dismiss you for this conduct. Asking them to do something illegal.

Requirement that principal see a psychiatrist did not violate his right to privacy.

reasons for requirement:physical altercation regarding budgeting, things in his personal file, headlock of student after school while supervising the crosswalk.

"emotional stress and anguish because of psychiatrist"

Court ruled for school district.

Due process of law

Substantive-

Procedural-

Vagueness Test- a school regulation that is vague denies due process because it gives administration unlimited boundaries.

Irrationally and Presumption Test-

School district did not have reason to forsee a gang-related shooting of a student

*school is responsible to do what is reasonable*

Duty-proportional to the risk or hazard of activity

Standard of care- conform to a certain conduct or standard

Proximate or legal cause- connection between act and injury

Injury or damage

High degree of risk

likelihood that the harm that results from it will be great

inability to eliminate risk by exercise of reasonable care

extent to which teh activity is not a matter of common usage

inappropriateness of the activity to the place where it is carried out

extent to which its value to the community is outweighed by its dangerous attributes

School board is liable in damages for intentional act of teacher resulting in emotional harm to child

coach played a trick on kid.. "I'm gonna kill you"

child regressed, PTSD

a civil wrong, not criminally wrong

Intentional interference-assault, battery, false imprisonment

strict liability

negligence

defamation

Arlington v. Murphy

"Federal Government Role"

"Stay Put" provision prohibits school authorities from unilatterally excluding students with disabilities from classroom for dangerous conduct growing out of disability

"Is this a result of their disability?"

-Under IDEA of 1997 Amendments, a child with a disability who is voluntarily placed by parents in parochial school has no individual rights to special education services

"Don't have to help- send to public schoo if you want services"

School district placement of student with a disability in special education with reverse mainstreaming opportunities meets least restrictive environment provision

Court agreed with District, does not violate IDEA

School did follow process and IEP was made to help student, so court is out of it

Student's behavioral problems derived from non-attention deficit hyperactivity disorder from related occurances did not qualify him as a "child with a disability" under IDEA

Hearing officer said he was, district said he wasn't

-school district does not have to listen to hearing officer

Free appropriate education

individualized education program

special education servces

related services

due process procedures

least restrictive environment

Procedural due process is required to reassign children with disabilities

-expanded on Brown and Board of Education

-Free and Appropriate Public Education

-Led to IDEA later

"in the place of the parent"

-vests the teacer with the responsibility of protecting the interests of the child in the school environment

Impartial Tribunal

Notice of hearing and charges

Hearing to refute the charges

Decision on evidence open to student

Procedural Due process requrired for students when expelled

-Before Dixon education was just a priviledge

-Education is RIGHT after Dixon

Pg 519- standards to follow

-Temporary suspension requres procedural due process

-intended to make sure there are reasons and evidence for punishment

-Due process needs to be considered becaues of the importance of education to society and government

Have to give people a chance to tell their story

Property(attending school) and liberty(not wanting to be stigmitized) interest in this case

Mandatory disciplinary measure that is imposed for a specialized offense

-still must be proof of guilt under the GOSS standards of due process

Have to have a knowing mind about the rule they broke

School Board's zero tolerance expulsion and denial of class credit for possession of marijuana upheld

-student had to prove that it was random and unpredictable- he couldn't.

-Law was only for present school year

Title IX of Education Amendments of 1972

Title VII of the Civil Rights Act of 1964

-important statutes used to deter sexual harassment in education programs

*If you violate Title IX, lose federal funding for whole institution*

*Student sexually harassed by coaches*

Remedy in damages is available for an action to enfore Title IX

-Law should have damages- NOT ENFORCEABLE IF NO DAMAGES!

-School is liable for damages

Misconduct by a teacher in the sexual harassment of a student does not render the school district liable under Title IX unless a school official had knowledge of the situation and responded with "Deliberate Indifference"

*Have to tell someone in administrative power*

Procedural Due process is not required when teacher is not deprived of constitutional right.

"Had an expectation of re-employment"

Thought he would get tenure the next year at Wisconsin

Without tenure, there is no property interest

Teacher with De Facto Tenure is entitled to a hearing before termination of employment

School district didn't have a definite tenure law

worked for 20 years, should be able to assume he has property interest

Nonrenewal of Contract for Failure to complete required college credits does not deprive teacher of substantive due process or equal protection

Teacher had a timeline to get the credits, and just didnt.

Public employee with a property interest is entitled to a pretermination hearing

If you can only be let go by cause, then you are entitled to due process.

Wheter the law provides minimally adequate notice to individuals who might be penalized under the law

Whether the law grants so much discretion to state authorities that it does not provide standards that will prevent totally arbitrary and discriminatory enforcement

A rational connection between the fact proved and the ultimate end presumed.

"If the inference of the one from proof of the other is arbitrary because of lack of connection between the two in common experience- due process is violated

Individual cannot be effectively denied the opportunity to rebut an irrational presumption- irrebuttanle presumptions deny due process.

Mandatory Leave Rules and arbitrary cutoff dates for pregnant teacher violate Due process

Strict Judicial scrutiny- fundamental constitutional right

intermediate scrutiny-Gender based discrimination

Rational relationship standard- nonsuspect classifications

State use of test scores both for certification purposes and as a salary factor does not violate the Equal Protection Clause or Title VII of Civil Rights Act

More african americans were not passing the test, so they felt it was unreasonable

Test had to show that it met the job-relatedness test!

*Neutral and job-related*

• Party administering test must first specify the particular trait or characteristic which the selection device is being used to identify or measure
• that party must then determine that the particular trait or characteristic is an important element of work behavior
• party must demonstrate by professionally acceptable methods that the selection device is predictive of or significantly correlated with teh element of work behavior indentified in teh second step

Percentage of Black teachers in the school district compared to percentage of blacks in the school teacher population in the Releveant Labor Market is a statistical Criterion of Discrimination under Title VII

A State Basic skills examination for certification of teachers comport with criteria for job relatedness as required by Title VII

-still going on. READ THIS CASE! pg 914

Affirmative Retention Policy Resulting in Layoffs of Nonminority teachers with more seniority violates equal protection act

can't keep black teachers who have less seniority just because of their race

Two Prong Test

Government have an interest?

Narrowly tailored to teh achievement of that goal?

-Statement of facts showing probable cause

-Specification of place to be searched

-Description of the articles sought

exceptions

-consent is given

-incidental to lawful arrest

-believe felony is commited on premises

-necessary to safeguard a law during an arrest

Search of stduents by school officials is constitutionally permissable if reasonable and not excessively intrusive

'student smoking, purse searched, rolling paper seen*, drugs found, student arrested.

"reason ENOUGH to continue search"

ONLY NEED REASONABLE SUSPICION

Reasonable suspicion of durgs did not justify strip search of 13 year old girl

-Up until this case, there were strip searches

School District's drug policy of random urinalysis for interscholastic athletes is constitutional

-Wasn't invasive- took urine samples privately

-only extra-curriculars- on team

Policy reqiring all students who participated in competitive extra-curricular activities to submit to a drug test was reasonable and did not violate Fourth Amendment

-cited Acton case to make ruling

Random, suspcionless searches o students' persons and belongings, bookbags, etc. is UNCONSTITUTIONAL

Annual, school-wide cleanout of lockers permissible despite student's privacy interest and the lack of individualized suspicion

*Have to read students their miranda rights @ school when asking students questions*

Self Goverance- free speech checks the abuse of power by government officials

Discovering Truth- bases for 'marketplace of ideas'

Advancing Autonomy- fre speech is a visible manifestation of liberty

Promoting Tolerance- free speech helps shape the intellectual character of society

Students lewd and Indecent speech is not protected by first Amendment

"inappropriate speech- firm in his pants"

School Officials may regulate the content of school-sponsored newspaper

-not in violation of first amendment

all part of time, place, manner

(A) Student cyberspeech created on-campus that is lewd, vulgar, or profane may be prohibited under Bethel v. Fraser

(B) Student cyberspeech created off-campus that constitutes "true threat" to school safety and school operation may be prevented under appicable Tinker review

(C) Student cyberspeech cases are increasingly subject to a court's assessment of whether restraint was exercised or punishment meted out only after an assessment of the relevant facts by a reasonanle recipient of the information. The reasonable recipient is normally a school official

-Suspension of student for instant message displaying pistol firing bullet at teacher's head upheld under Tinker Standard

-Beyond Rights- considerable disruption caused, considerable entanglement

Teacher's contract nonrenewal linked to her magic rock letter constituted Title VII religious discrimination

SYSTEM IS UNITARY, UNIFORM, ADEQUATE, PROPERLY MANAGED

-System is sole responsibility of the General Assembly

-Tax effort should be evenly spread

-System must provide teh necessary resources through the state- they must be uniform

-System must provide adequate education

System must be properly managed

John Adams and the importance of public education to a republic

"natural right to liberty and to knowledge"

"Education is the greatest equalizer of the conditions of men"

"Intelligence is the grand condition"

Kentucky Legislature fails constitutional requirement to establish an efficient system of common schools

1. General Assembly- Maintain a system of common schools

2. Purpose of service is vital and critical to well being of state

3. System must be efficient and free

4. Provide equal educational opportunities for students

5. State must control and administor

6. system must be substantially uniform

7. Equal to and for all students

Fundamental right of education requires adequate financing by legislature

**NOT IN RODRIGUEZ!!**

State Consitutional Provision for Free Public Schooling prohibits fees for either regular or extracurricular programs

"Free doesn't necessarily mean free"

created for the creation of educational systems in all the states joining the union.

-made it interesting for people to want to move west

16th section dedicated to schools

General Welfare Clause-Most important

Commerse Clause-

Federal Legislation enacted under teh spending clause must be clear and unambiguous as to the obligations required of the states

"states have to know what they are getting into"

Congress's gun-gree school zone act violates the commerce clause

not connected to commerce.. just government trying to interfere

-no commerce clause since this one

1st Amendment- no laws that infringe on freedom of religion, speech, press, assembly

4th Amendment- no unreasonable seraches and seizures

5th Amendment- no deprivation of life, liberty, or property without due process of law

8th Amendment- no curiel and unsual punishment

9th- assues that rights not enumerated are retained by people

14th Amendment- no laws that deprive a person of life, liberty, or property without due process of law and prohibits laws that would deny any person equal protection of laws

Education is not a fundamental right under United States Constitution

STATE responsibility

STATE fuction

STATE constitution

D- acts that require judgment on the part of the board

M?

personal file open to the public

Thomas Jefferson

"I contemplate with sovereign reverence that act of the whole American people should make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

LEMON TEST

Determining whether a state statute is constitutional under the Establishment Clause

1. The statute must have a secular legislative purpose

2. Its principal or primary effect must be one that neither advances nor inhibits religion.

3. It must not foster execessive government entanglement with religion.

Club allowed to require that president of bible club is Christian.

Gay-Straight Alliance groups have same rights in "limited open forum"

In Minnesota, cheerleading and swimming not curricular

Allowed to have religious meetings during lunch

Bible club could meet during "noninstructional time"

Compulsory Education Law requiring all children to attend public schools violates due process clause

*students may attend private schools*

Bona Fide Residence requirement that furthers state interest is constitutional

*If parents live in Mexico, you can't go to school here*

Statue prohibiting teaching of foreign language violates substantive due process

'no stateshall deprive any person of life, liberty, or property without due process of law

Local school board may not remove books from school libraries simply because it dislikes the ideas contained in the books

no influence on what is added, just what is taken away

Parent does not have a fundamental right to mandate school curriculum

Guided by natural law

Explains by reference to natural laws

theories can be tested in the empirical world

conclusions are tentative

it is falsifiable

Lousiana statute requiring balanced treatment of creation science and evolution sciece violates first amendment

-3 prongs of lemon violated!

Incitement of disruption

defamation

true threats of violence and fighting words

obscenity