Teacher Constitutional Law

School Culture

100

Provide the framework for negotiating conflicts in a fair and non-defensive manner. Focuses on the difference between mediation and arbitration.  

What are discourse ethics?

200

1. Engage in active discourse.

2. Unconditional acceptance and appreciation of other perspectives.

3. Rational and coherent argumentation.  

What is mediation?  

300

Process of selecting from alternatives to reach an acceptable compromise. Strikes a balance between competing interests.  

What is arbitration? 

400

The optimal blend of school culture and cooperation.  It is characterized by meaningful life worlds.  Efforts are made to understand others before reaching an agreement.  High level of conversations occur between teacher/parent and leader/parent.  Teachers, parents, and others are viewed as full partners.   

What is Quadrant 4- Culture of cooperative leadership and high cooperation?  

500

This should precede arbitration when trying to negotiate conflicts. 

What is mediation?

Constitutional Rights

100

Considers whether the employee's protected speech was the motivating factor in dismissal or would the decision to terminate have been based on other legitimate decisions.  

What is the Mt. Healthy retaliation test?

200

This case established classrooms as a "marketplace of ideas" and that constitutional freedoms should be protected in the classroom.  In the 60's and 70's this court case helped protect teachers' academic freedom in classrooms.  

What is Keyishian vs. Board of Regents(1967)?

300

During the 1980's, two cases changed the view on protection of teachers' expression in the classroom.  The view shifted more in favor of school board control.  Teacher speech that runs counter to the educational mission of the school or curricular objectives may be subject to censorship. 

What are Bethel School District vs. Fraser(1986) and Hazelwood vs. Kuhlmeier(1988)?  

400

1. Protected speech cannot interfere with maintaining either discipline by immediate supervisors or harmony among coworkers.  

2. Protected speech cannot interfere with the personal loyalty and confidence necessary to proper school functioning.

3. Protected speech can not damage professional reputations.  

What is the Pickering balance?

500

The constitutional right that the former Muncie School Employees claim was violated.

What is the right to free speech?

Constitutional Rights Cont.

100

Questionable use of this may be evaluated along 4 lines of reasoning.

1. First Amendment

2. Nature of the offending conduct.

3. Connection between the conduct and job                  performance.

4. School Board policy and any collective bargaining      agreement.  

What is social media?  

200

Employees have these rights. They are controversial only when students, parents, or community groups object and causes substantial disruption.  

What are private association rights?  

300

Provides that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The ultimate goal of this provision is to protect people’s right to privacy and freedom from unreasonable intrusions by the government. However, this does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law.

What are Fourth Amendment Rights?  

400

One of the court cases that deomonstrates the courts' ruling in regards to the reasonableness of the search at inception and its scope.  

What is O'Connor vs. Ortega(1987), Joines vs. State(2003), or City of Ontario vs. Quon(2010)?

500

Many school districts have employees sign this form before given access to district owned computers and networking.  

What is an acceptable use policy form? 

Drug Testing

100

Three court cases that support reasonable-suspicion drug testing.  

What is Hearn vs. Board of Public Education(1999), Knox County Education Association vs. Knox County Board of Education(1998), and Young vs. Board of Education (2003)?

200

Veteran teacher against zero tolerance who refused to take a drug test after her car alerted a drug dog in the school parking lot.  Court ruled that the search was reasonable based on probable cause because of the dog's sniff.  The court also ruled that she had violated board policy by refusing to be drug tested within a two hour time frame.  

Who is Sherry Hearn?  

300

When state interest outweighs individual privacy rights this may occur.  

What is random drug and alcohol testing by urinalysis?  

400

Means that the potential for harm from illicit drug or alcohol is severe and  justifies a strong state interest in suspicionless drug testing.  

What is safety-sensitive position?  

500

This court case confirmed that teachers were in safety sensitive positions.  The court tested the issue by 2 questions. 1) Are the duties of the employee so fraught with risks of injury to others that even a momentary lapse of attention my have disastrous consequences? 2) Does a clear nexus exist between the nature of the employee's duty and the risk of injury exist?  

What is Knox County Education Association vs. Knox County Board of Education(1998)?

ISLLC Standards

100

Build and sustain productive relationships with community partners.

What is ISLLC Standard 4D? 

200

Nurture and sustain a culture of collaboration, trust, learning, and high expectations.

What is ISLLC Standard 2A?

300

Build and sustain positive relationships with families and caregivers

What is ISLLC standard 4C?

400

Develop the capacity for distributed leadership.

What is ISLLC standard 3D?

500

Promote understanding, appreciation, and use of the community’s diverse cultural, social and intellectual resources.

What is ISLLC standard 4B?