This document discusses the constitutional concept of due process as it applies to public school employment in Texas. It explains that public employees are entitled to due process protections under the 14th Amendment if they have a property right in continued employment. It outlines the different types of employment contracts in Texas public schools - including at-will, probationary, term, and continuing contracts - and the due process rights afforded to employees under each type. It also discusses the hiring and firing process for public school personnel and the role of the State Board for Educator Certification.
Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.
Employment Essay Format - Professor William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Dr. William Allan Kritsonis, School Law - Educaitonal Law & Policies - Personnel Issues and the Law - Employment - Litigation - Court Cases - Due Process - Legal Issues and Trends - Discrimination
Lumadue, robin missions among the kafe people nfmij v9 n1 2012 (posted)William Kritsonis
NATIONAL FORUM JOURNALS
Founded 1982
NATIONAL FORUM JOURNALS are a group of national refereed, juried, peer-reviewed, blind-reviewed professional periodicals. Any article published shall earned five affirmative votes from members of our National Board of Invited Distinguished Jurors and must be recommended for national publication by members of the National Policy Board representing all National FORUM Journals. Journal issues are distributed both nationally and world-wide.
Our website features national refereed articles that are published daily within our National FORUM Journals Online Journal Division. Over 1,000 articles are available to scholars and practitioners world-wide. Over 250,000 guests visit our website yearly. About 56,000 articles are downloaded for academic purposes at no charge. We have about an 88% rejection rate. See: www.nationalforum.com
Founded in 1982, National FORUM Journals has published the scholarly contributions of over 5,200 professors with over 2,000 articles indexed. Our journals are indexed with many global agencies including Cabell’s Directories, ERIC, EBSCO, SWETS International, Library of Congress National Serials Data Program, and the Copyright Clearance Center, Danvers, Massachusetts.
Global Website: www.nationalforum.com
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.
Employment Essay Format - Professor William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Dr. William Allan Kritsonis, School Law - Educaitonal Law & Policies - Personnel Issues and the Law - Employment - Litigation - Court Cases - Due Process - Legal Issues and Trends - Discrimination
Lumadue, robin missions among the kafe people nfmij v9 n1 2012 (posted)William Kritsonis
NATIONAL FORUM JOURNALS
Founded 1982
NATIONAL FORUM JOURNALS are a group of national refereed, juried, peer-reviewed, blind-reviewed professional periodicals. Any article published shall earned five affirmative votes from members of our National Board of Invited Distinguished Jurors and must be recommended for national publication by members of the National Policy Board representing all National FORUM Journals. Journal issues are distributed both nationally and world-wide.
Our website features national refereed articles that are published daily within our National FORUM Journals Online Journal Division. Over 1,000 articles are available to scholars and practitioners world-wide. Over 250,000 guests visit our website yearly. About 56,000 articles are downloaded for academic purposes at no charge. We have about an 88% rejection rate. See: www.nationalforum.com
Founded in 1982, National FORUM Journals has published the scholarly contributions of over 5,200 professors with over 2,000 articles indexed. Our journals are indexed with many global agencies including Cabell’s Directories, ERIC, EBSCO, SWETS International, Library of Congress National Serials Data Program, and the Copyright Clearance Center, Danvers, Massachusetts.
Global Website: www.nationalforum.com
Male Sexual Addiction by Dr. LaVelle Hendricks - Published in the NATIONAL FORUM JOURNALS OF COUNSELING AND ADDICTION - www.nationalforum.com - Dr. William Allan Kritsonis, Editor-in-Chief, Houston, Texas
Dr. Fred C. Lunenburg, Published in FOCUS ON COLLEGES, UNIVERSITIES, AND SCH...William Kritsonis
Dr. Fred C. Lunenburg, Published in FOCUS ON COLLEGES, UNIVERSITIES, AND SCHOOLS, www.nationalforum.com - NATIONAL FORUM JOURNALS - Dr. William Allan Kritsonis, Editor-in-Chief, Houston, Texas
Dr. Kritsonis Honored as Professor, Scholar & Pioneer Publisher
The Texas National Association for Multicultural Education honored Dr. William Allan Kritsonis as a Professor, Scholar, and Pioneer Publisher for Distinguished Service to Multicultural Research Publishing. The ceremony was on April 28th 2012 at Texas A&M University, College Station, Texas.
Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California.
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
Chapter Twenty one Employment DiscriminationBeing an employer was .docxspoonerneddy
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some .
Chapter Twenty one Employment DiscriminationBeing an employer was .docxmccormicknadine86
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some ...
Dr. William Allan Kritsonis, Students Rights, Student Freedom of Speech, Student Expression, Pickering and other cases, Censsorship of Student Publications, Due Process, Discrimination, Diversity, Multicultural Issues, Personnel Administration
Dr. William Allan Kritsonis, Students Rights, Student Freedom of Speech, Student Expression, Pickering and other cases, Censsorship of Student Publications, Due Process, Discrimination, Diversity, Multicultural Issues, Personnel Administration
Student Freedom of Speech, Student Expression, Pickering and other cases, Censsorship of Student Publications, Due Process, Discrimination, Diversity, Multicultural Issues, Personnel Administration
PADM505 LESSON 8 ETHICS OF DISSENTIntroductionTopics to be .docxsmile790243
PADM505 | LESSON 8: ETHICS OF DISSENT
Introduction
Topics to be covered:
· Whistleblowers
· Ethics of Dissent
All government employees, from the President of the United States down to the lowest level public administrator in a local government, are accountable to the citizens they serve, and they have a responsibility to conduct governmental affairs in a manner that meets citizens’ expectations. This includes performing their work in a manner that is transparent and accountable. There may come a time when a public administrator will need to oppose those in power to do that.
Bob Woodward or “Deep throat” comes to mind when we think of individuals who “blew the whistle” on their governmental agency. Daniel Ellsberg leaked the Pentagon Papers. There have been more in recent years such as Bradley Manning and Edward Snowden.
Whistleblowers
STEPS TO TAKE If an individual feels that he or she should become a whistleblower, the National Whistleblower Center (NWC) provides information and resources on the process. If someone decides to pursue whistleblowing, some of the steps he or she should take include the following:
· Check legal guidelines for whistleblowing. For example, the Occupational Safety and Health Administration (OSHA) has guidelines that should be followed in the process.
· Gather information and evidence to document the wrongdoing that the whistleblower is reporting.
· Hire an attorney experienced in whistleblowing cases to offer support and guidance in the process. Work with that attorney to build a case.
· Legally, whistleblowers have the right to remain anonymous. But in reality, whistleblowers are often identified, even if they take actions intended to maintain their anonymity. As such, whistleblowers should prepare for the backlash that may occur if others find out that they reported wrongdoing. As part of this preparation, whistleblowers should consider getting another job. If they do this, they should change jobs before their case becomes public.
LEGAL RIGHTS AND RETALIATION Whistleblowing is a legal right, and whistleblowers at the federal level of government are protected by law under the Whistleblower Protection Act of 1989. If an employer retaliates against an employee or other individual for being a whistleblower, that person can file a complaint. Some of the laws that include protection for whistleblowers include the following (United States Department of Labor, n.d.):
· Clean Air Act
· Comprehensive Environmental Response, Compensation and Liability Act
· Consumer Financial Protection Act
· Energy Reorganization Act
· Federal Railroad Safety Act
· National Transit Systems Security Act
· Surface Transportation Assistance Act
· Sarbanes-Oxley Act
· Toxic Substances Control Act
Be sure to explore the statutes that govern the procedure for whistleblower protection.
In addition to federal laws, many states also have laws that offer protections to government employees who become whistleblowers. According to the NCSL’s website, .
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Judson, K., & Harrison, C. (20 16). Law and ethics for the h.docxtawnyataylor528
Judson, K., & Harrison, C. (20 16). Law and ethics for the
health professions. (7th ed. ). New York: McGraw-
Hill.
Law&Et cs
FOR HEALTH PROFESSIONS
KAREN JUDSON
CARLENE HARRISON
Key Terms
204
Privacy, Security,
and Fraud
LEARNING OUTCOMES
After studying this chapter, you should be able to:
LO 8. I Discuss U.S. constitutional amendments and privacy
laws that pertain to health care.
LO 8.2 Explain HIPAA's special requirements for disclosing
protected health information.
LO 8.3 Discuss laws implemented to protect the security
of health care information as health records are
converted from paper to electronic form.
LO 8.4 Discuss the federal laws that cover fraud and abuse
within the health care business environment and the
role of the Office of the Inspector General in finding
billing fraud.
LO 8.5 Discuss patient rights as defined by HIPAA, the Patient
Protection and Affordable Care Act, and other health
care entities.
FROM THE PERSPECTIVE OF . ..
ANN, AN R.N. IN A TEXAS HOSPITAL FOR NEARLY 25 YEARS,
remembers when patients' names were posted on the doors to their
rooms. She and her colleagues once freely informed telephone call-
ers and visitors how patients were progressing. Now, Ann remarks,
because of federal legislation to protect the privacy and security of
health care information, times have changed. "We have to be so care-
ful about releasing any information that when my father's dear friend
was admitted to my floor in the hospital where I work, I couldn't tell
him that his friend had been admitted."
From Ann's perspective, because she cares about her patients, she
would like to be able to talk more freely with family members or friends
who also care about her patients. But she is duty-bound to follow the law,
and she knows the benefits to patients for laws that guard their privacy.
From the perspective of friends and family members who call for infor-
mation about a patient, the law is harsh and hard to understand. They are
often angry when they cannot learn the status of a friend or loved one.
From the perspective of some patients, the law sometimes feels over-
protective and unnecessarily intrusive, but for others-such as the patient
who has tried to commit suicide and failed, who doesn't want anyone to
know he is in the hospital, or the battered spouse who doesn't want her
abusive husband to find her-it's a safety net they can depend on.
The United States Constitution
and Federal Privacy Laws
Contrary to popular belief, the term privacy (freedom from unauthor-
ized intrusion) does not appear in the U.S. Constitution or the Bill
of Rights. However, the United States Supreme Court has derived
the right to privacy from the First, Third, Fourth, Fifth, Ninth, and
Fourteenth Amendments to the Constitution.
LO 8.1
Discuss U.S. constitutional
amendments and privacy laws
that pertain to health care.
privacy
Freedom from unaut horized int rusion.
LANDMA ...
Employment Essay Format - Professor William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis, School Law - Educaitonal Law & Policies - Personnel Issues and the Law - Employment - Litigation - Court Cases - Due Process - Legal Issues and Trends - Discrimination
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, HEstelaJeffery653
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
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Barbara A. Thompson & Dr. W.A. Kritsonis, employment law
1. The United States Constitutional Requirements of Due Process Applied
to the Public Employment Relationship of School Personnel in Texas
Barbara A. Thompson, M.S.
PhD Student in Educational Leadership
College of Education
Prairie View A&M University
Administrative Assistant
College of Engineering Graduate Affairs and Research
William Allan Kritsonis, Ph.D.
Professor and Faculty Mentor
PhD Program in Educational Leadership
Prairie View A&M University
Member of the Texas A&M University System
Visiting Lecturer (2005)
Oxford Round Table
University of Oxford, Oxford England
Distinguished Alumnus (2004)
Central Washington University
College of Education and Professional Studies
December 5, 2009
ABSTRACT
Most of the legal disputes arise out of the employment of public school personnel. Laws
that affect the employment relationship, the constitutional concept of due process of law,
different employment arrangements available to public schools in Texas, the hiring and
firing process, and the legal issues that arise in these contexts are examined.
Introduction
The United States (U.S.) Constitution applies to the public employment
relationship (Walsh, Kemerer & Maniotis, 2005). This fact distinguishes public
employment from private employment. The due process of the Fourteenth Amendment is
2. Public Employment of School Personnel
2
not invoked in the private sector and it is not a guarantee against incorrect or poor
advisement. According to the U.S. Constitutional requirement of the due process clause,
states must afford certain procedures before depriving individuals of certain interests.
Laws and legal proceedings must be fair. When a person is treated unfairly by the
government, including the courts, he is said to have been deprived of or denied due
process. (The Lectric Law Library’s Lexicon on Due Process, n.d.). The focus is on
deprivation of liberty or property. Certain procedures are considered due process and
certain interests are life, liberty, or property. The Supreme Court requires individuals to
show that the interest in question is either their life, their liberty, or their property. If the
interests are not in either of these categories, life, liberty or property, no matter how
important it is, it doesn't qualify for constitutional protection. The U.S. Constitution only
restricts governmental action.
Rights can be regulated or taken away altogether if due process of law is provided
(Walsh, Kemerer & Maniotis, 2005). The due process clause serves to the use of fair
procedures, more accurate results that would prevent the wrongful deprivation of
interests. Due process provides individuals the opportunity to be heard from their point
of view. This allows the individual to feel that the government has treated them fairly.
The due process clause is essentially a guarantee of basic fairness by giving proper
notice, providing an opportunity to be heard at a meaningful time in a meaningful way or
a decision supported by substantial evidence. The more important the individual right in
question is, the more process that must be afforded (Exploring Constitutional Conflicts,
2009).
3. Public Employment of School Personnel
3
The Purpose of the Article
The purpose of this article is to focus on the constitutional concept of due process
of law, different employment arrangements available to public schools in Texas, the
hiring and firing process and the legal issues that arise in these areas.
The Constitutional Concept of Due Process
In any personnel decision, the question is whether the employee was deprived of
any property or liberty with the constitutional guarantee of due process of law. The 1972
U.S. Supreme Court case of Board of Regents v. Roth, ruled that teachers are protected
under the 14th
amendment property right of continued employment if the state law gives
them a legitimate claim of entitlement to it (Walsh, Kemerer & Maniotis, 2005). Before
any process is due, there must be state action and a significant, more sudden and dramatic
deprivation of life, liberty or property. For example,
The federal court is not the appropriate forum in which to review the multitude of
personnel decisions that are made daily by public agencies. We must accept the
harsh fact that numerous individual mistakes are inevitable in the day to day
administration of our affairs. The United States Constitution cannot feasibly be
construed to require federal judicial review for every such error. In the absence of
any claim that the public employer was motivated by a desire to curtail or to
penalize the exercise of an employee’s constitutionally protected rights we
presume that official action was regular and, if erroneous, can best be corrected in
other ways. The Due Process Clause of the Fourteenth Amendment is not a
4. Public Employment of School Personnel
4
guarantee against incorrect or ill-advised personnel decisions. (Russell v. El Paso
I.S.D., 1976, p. 565.)
When the government deprives an individual of life, liberty or property, the due
process clause is invoked. A property right protected by the Fourteenth Amendment may
not be taken away without providing a person with due process (Walsh, Kemerer &
Maniotis, 2005). Governmental action is restricted by the U.S. Constitution. In the
private section, the due process clause is not invoked. Due process is not an absolute. It
varies according to the deprivation of property.
When a person accepts a position with a school district on an at-will basis, he or
she has no property right in the job (Walsh, Kemerer & Maniotis, 2005). There is an at-
will employee contract that incorporates an at-will relationship. If the at-will employee
points to the employee’s policies and procedures manual as reasons not to be fired, no
process is due. The at-will employee has a contact where the at-will relationship is stated
and each party is free to end the employment relationship without notice, hearing or good
cause (Walsh, Kemerer & Maniotis, 2005). There is no property right in the job,
therefore no process is due. If the employee’s contract is not renewed and the contract
has run its full course, there is no process due. If the contract is not renewed and there is
another year on the contract, then due process is invoked. The employee who has a
contract is entitled to due process.
Due process for a terminated employee includes giving timely notice of why the
termination is occurring, a fair hearing so that the employee can defend himself, names
and the nature of the testimony of witnesses against the employee must be available, and
sufficient evidence to establish a good cause for dismissal must be presented (Walsh,
5. Public Employment of School Personnel
5
Kemerer & Maniotis, 2005). The employee can be on the job for thirty years or the
employee can be a one year probationary teacher. If the contract was terminated before
the stated expiration date, the property right of the individual is in question and due
process is invoked. Texas employees are allowed an independent hearing. Any decision
to terminate a contract comes back to the school Board before it is final. The employee
must produce clear evidence if they charge the Board with partiality.
The liberty right of the individual addressed in the Fourteenth Amendment
suggests that the parent has a right to select a non-public school, the right to privacy and
the right to a good reputation. In the 1972 Supreme Court case Wisconsin v.
Constantineau (p.437), the employee stated the government put his name, honor and
reputation at state, therefore a notice and an opportunity to be heard was essential.
Stigmatizing statements create a right to a name clearing hearing only if they arise in
conjunction with termination or non-renewal of employment as in the Siegert v. Gilley,
1991 court case. If the employee publicized the defamatory remarks, due process is not
invoked. There is no right to a name clearing hearing. In Burris v. Willis I.S.D., 1983, a
teacher claimed that when a board official read a letter about him at an open board
meeting and in so doing, it violated his constitutional rights by depriving him of a liberty
right to a good reputation. The teacher’s claim was rejected because the file was kept
confidential.
Employment Arrangements, Contracts and Legal Recourse
There are six types of employees within the public school (Walsh, Kemerer &
Maniotis, 2005). They are at-will employees, non-chapter 21 contract employees,
probationary contract employees, term contract employees, continuing contract
6. Public Employment of School Personnel
6
employees and third-party independent contract employees. Legal issues arise within
each area when the relationship is ended.
At Will Contracts
The at-will employee has a contact where the at-will relationship is stated and
each party is free to end the employment relationship without notice, hearing or good
cause. This employee can be terminated for good reasons, bad reasons, or ‘no reason at
all’. ‘No reason at all’ refers to a reason based on a bad reason that violates state or
federal law. If the decision is a wrongful discharge and the employer violated state or
federal law, the employee can sue (Walsh, Kemerer & Maniotis, 2005). The at-will
relationship is the norm in the private sector. For example, an employee in at at-will
relationship in the private sector can be described as an employee working for 30 years
and quit his or her job tomorrow. Also, an employee can go into work the next day and
be fired (Walsh, Kemerer & Maniotis, 2005). The terminated at-will employee can file
suit alleging his discharge was due to retaliation for his exercise of his constitutional
rights when he or she blew the whistle on wrongdoing. The terminated employee can
also file discrimination based on race, sex, religion, age, national origin, or disability if it
can be proven.
Chapter 21 and Non Chapter 21 Contracts
Teachers certified under chapter 21 of the Education code must have a contract.
Chapter 21 employees include the classroom teacher, librarian, nurse or counselor, which
means a probationary, term or continuing contract. Section 21:201 describes a teacher
under term contract law as a supervisor, classroom teacher, counselor or other full-time
professional who must be certified under Subchapter B or a nurse. Non-chapter 21
7. Public Employment of School Personnel
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employees do not need a contract and do not require certification. They are not subject to
an independent hearing system or statutory non-renewal process. Positions such as
business manager, director of transportation, director of construction and facilities or
director of maintenance do not require certification. If there is a written employment
contract, and the employee alleges the district violated the contract and meant him
monetary harm, the employee can appeal to the commissioner pursuant to TEC § 7.107.
Probationary Contracts
Probationary contracts are for those teachers who have never taught before or who
have not been employed for two consecutive years subsequent to August 28, 1967. (TEC
§ 21.102. The probationary period can be as long as 3 years except for experienced
educators with previous employment in public school for 5 of the 8 preceding years. The
probationary teacher will serve under a 3 consecutive one-year probationary contracts.
Probationary periods can be for a semester when the school year falls in the middle of the
year. A probationary teacher can resign without penalty up to forty-five days before the
first day of instruction. If school starts in mid-August, the teacher must resign before
July 1 or suffer sanctions imposed by the State Board of Educator Certification. A
probationary contract can be non-renewed by the board even if the superintendent
recommended that it be renewed (Berry v. Kemp I.S.D.).
Term Contracts
After the probationary period, the teacher must receive either a continuing or a
term contract (Walsh, Kemerer & Maniotis, 2005). The length of the contract and the
process for renewal, nonrenewal, or termination determines which contract to offer. A
classroom teacher, superintendent, principal, supervisor, counselor or other full-time
8. Public Employment of School Personnel
8
professional employee who holds a certification or a nurse may be offered a term
contract. A term contract has a beginning date and an end date and is any probationary
Chapter 21 contract for a fixed term that can be as long as 5 school years. As the end
date approaches, some action must be taken. The resignation date for a term employee is
45 days prior to the first day of instruction which is the same for probationary employees
(Walsh, Kemerer & Maniotis, 2005). A term teacher contract can be renewed by the
school, non-renewed or terminated. Termination refers to the action of the district to end
the contract prior to its normal expiration date. The teacher is deprived of property
interest and good cause, thus due process is required.
A non-renewal of contract refers to the school district letting the contract expire.
The employee is permitted to fulfill the terms of the contract and no new contract is
offered. If there is a multi-year contract, the district extends the contract each year or if
the contract is not extended in the 2nd
year, it is still valid for that year. The contract is
non-renewed. A term contract teacher is entitled to a hearing prior to nonrenewal. Once
the teacher receives notice, a hearing can be scheduled within 15 days with the board or
an independent hearing system that is closed to the public, unless the teacher requests an
open hearing. A term contract teacher can be suspended, but not beyond the school year,
without pay for good cause as determined by the school board. The teacher is entitled to
request an independent hearing or the district can suspend the teacher with pay and non-
renew the contract at the end of its term. The district must give notice of a proposed non-
renewal to the teacher 45 calendar days before the last day of instruction. If the 45 days
are not adhered to, the contract is automatically renewed. Complaints of procedural
9. Public Employment of School Personnel
9
irregularities in the appraisal process cannot be resurrected at the contract non-renewal
process (Walsh, Kemerer & Maniotis, 2005).
When the superintendent contract is up for non-renewal, reasonable notice of the
reason for the proposed non-renewal must be given before the 30th day of the last day of
the contract term. In contrast, the teacher term contract does not require reasonable
notice of the reason for the proposed non-renewal.
Continuing Contracts
A continuing contract is issued to a classroom teacher, superintendent, principal,
supervisor, counselor or other full-time professional employee who was eligible for a
continuing contract. The contract rolls over form one year to the next year without the
necessity of board action. Non-renewal does not apply to continuing contracts. A former
administrator, who moves into a teaching position and teaches children, can be issued a
continuing contract. There is no specific length of time for continuing contract. The
contract remains in effect until the teacher resigns, retires, is terminated, or is returned to
probationary status. The continuing contract teacher can be terminated according to the
independent hearing system, at any time for good cause (failure to meet the standards of
conduct for the profession as generally recognized and applied in similarly situated
school districts in the state) as determined by the board of trustees (TEC §21.156).
Instead of discharge, a school can suspend a continuing teacher contract with notice,
entitlement to an independent hearing, and without pay for a period of time not to exceed
the current school year. The continuing teacher contract can return to a probationary
status, provided the teacher consents to the move (Walsh, Kemerer & Maniotis, 2005).
10. Public Employment of School Personnel
10
Third-Party Independent Contracts
Full vested educators in the Texas Teacher Retirement system (TRS) could retire,
begin drawing benefits, and them go to work at a salary equivalent to or better than what
they had been making. School Boards could begin hiring teachers and not be burdened
with having to treat them as employees. The teachers would keep their benefits under
TRS (Att’y Gen. Op. GA-0018, 2003). If a school principal was dissatisfied with a
teacher, he would call and ask for a different teacher. The school district did not employ
the teacher and there was no contract and no legal requirements to end the relationship.
The Hiring and Firing Process
In 1992, the legislature created State Board for Educator Certification (SBEC), a
14 member board, as the key entity to oversee and regulate all aspects of the certification,
continuing education, and standards of conduct of public school educators. SBEC has
power to adopt rules for out of state educators, certification, requirements for renewal of
certificates, and disciplinary procedures for suspension and revoking a certificate as well
as approval and continuing accountability of such programs (Walsh, Kemerer &
Maniotis, 2005). The board must annually review the accreditation status of each
educator preparation program. An advisory committee has to be appointed by SBEC for
each class of educator certificates. These rules must be submitted and reviewed by the
State Board of Education and can be rejected by SBOE by a 2/3 vote. A public school
district can hire certified and licensed employees. Certified employees are teachers,
teacher interns, teacher trainees, librarians, educational aids, administrators, and
counselors. Licensed employees are audiologists, occupational therapists, physical
11. Public Employment of School Personnel
11
therapists, physicians, nurses, school psychologists, associate school psychologists, social
workers, and speech pathologists (Walsh, Kemerer & Maniotis, 2005).
Texas public school districts are governed by the same laws that prohibit
discrimination laws based on race, sex, religion, age, national origin, sexual harassment,
and disabilities. Nondiscrimination laws apply to all employees regardless of the contract
and have implications for the hiring process. Those involved in the hiring process need
specific training (Walsh, Kemerer & Maniotis, 2005).
School districts are not required to advertise or post vacancies in their school.
Advertising is a choice the school makes so that they can defend themselves against
discrimination. The school board adopts policies regarding the employment and duties of
personnel. The superintendent has sole authority to make recommendations to the board
regarding the selection of all personnel and must be in the loop in hiring people. The
principal does not hire staff, but must approve each teacher, reassignment, or staff
appointment to the principal’s campus except for necessary teacher transfers due to
enrollment shifts (11.202; Att’y Gen. Op. DM-27, 1991). In this regard, the
superintendent has final placement authority for a teacher. SBEC must obtain criminal
history on all certified educators. Background checks are not required by each school
district except on contracted bus drivers of transportation services. If the bus driver has
been convicted of a felony or misdemeanor involving moral turpitude, the bus drive may
drive the bus only with the school’s permission. If an applicant lies on an application
about the felony or misdemeanor involving moral turpitude, the applicant must be
terminated (TEC 22.085). “Moral turpitude is a legal concept in the United States that
refers to "conduct that is considered contrary to community standards of justice, honesty
12. Public Employment of School Personnel
12
or good morals” (Moral turpitude, 2009). If an applicant has a clean record when hired,
and is convicted of an offense while working for the district, a report must be made
within seven calendar days by the superintendent or chief executive (19 TAC 249.14)
Concluding Remarks
In conclusion, school districts employ many people and must comply with many
federal and state mandates. The purpose of this article is to focus on the constitutional
concept of due process of law, different employment arrangements available to public
schools in Texas, the hiring and firing process and the legal issues that arise in these
areas. The relationship between employees in the public schools is determined by
constitutional restrictions and statutory provisions in the Education Code and other
legislation. Regardless of the type of contract used by a school district, contract with
teachers must be in writing. Verbal commitments from school administrators may not be
legally binding. Terms of the contract must be approved by the school board. According
to Walsh, Kemerer & Maniotis (2008), the knowledge of the basics of the law should
move from the central office to each campus. The director of personnel for the district
should be an expert and have full of the United States constitutional requirements of due
process applied to the public employment relationship of school personnel in Texas.
13. Public Employment of School Personnel
13
References
Att’y Gen Op DM-27, 1991
Berry v Kemp I.S.D., Dkt. No. 103-R10-600 Comm’r Educ. 2001): 158-159
Burris v Willis I.S.D., 713 F.2d 1087 (5th
Cir. 1983): 131, 236
Linder, D. (2009). Exploring constitutional conflicts. Retrieved November 1, 2009 from
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
19 TAC 249.14
Russell v El Pas I.S.D., 539 F.2d 563 (5th
Cir. 1976): 128
Siegert v Gilley, 500 U.S. 226 (1991): 131
TEC 21:201
TEC 7.107
TEC 21.102
TEC 11.202
TEC 22.085
The Letric Law (2009). Moral turpitude. Retrieved November 18, 2009 from
http://www.lectlaw.com/def/d080.htm
Walsh, J, Kemerer, F., & Maniotis, L. (2008). The educator’s guide to Texas school law.
6th
ed. University of Texas Press: Austin, Texas.
Wisconsin v Constantineau, 400 U.S. 433 (1971): 130, 327