Mock Scenario
Mr. Miller, a 7th grade Math teacher at Panetta Middle School has recently decided to transition.  He has not discussed this with you, as his principal, nor is he required to so.  However, you become aware of this after receiving several phone calls from parents of students in his class.  The parents share that, Mr. Miller decided to “come out” during class and informed the students that he is getting a divorce, is beginning the process of transitioning and would like to be called Ms. Debbie going forward.  The parents are irate and demand that Mr. Miller be fired.
Upon conferring with your superintendent, the school district attorney and the human resources department, it is determined that Mr. Miller will be terminated immediately.  In his termination meeting, Mr. Miller claims that he is being discriminated against because of gender identity and threatens to sue the school district.

Would Mr. Miller’s lawsuit have any merit?
What are the legal implications of Mr. Miller’s actions and of the school district’s decision?
Do you feel the laws related to teachers’ gender identity, as discussed in the text and the Bostock decision, are applicable to our contemporary schools/ school districts? Why? Why not?
What (if any) changes would you recommend to these laws to address contemporary issues? Why would you recommend these changes?

2-4 paragraphs
Cite evidence for the course readings or other scholarly sources to support your statements.  
Use APA formatted citations and include an APA formatted reference section.Teachers have often employed the courts to remedy treatment by school authorities with whom they
disagreed. In many instances, personnel practices that had become institutionalized through custom have
been challenged as being discriminatory, violative of statutory or constitutional provisions, or unfair.
Although teachers have not always been successful in actions brought before the judiciary, their
willingness to employ the courts for a redress of grievances has produced a climate in which public school
administrators are sensitive to the necessity of treating teachers in a legally defensible manner.

This chapter focuses on law relating to nonrenewal and dismissal of teachers; teachers’
freedom of expression; academic freedom; drug testing; standards of dress; the teacher as exemplar;
employment discrimination; collective bargaining; and the political rights of teachers.

I. NON RENEWAL AND DISMISSAL
The development of state statutory provisions and the existence of a sizable body of case law have
provided teachers with safeguards against arbitrary dismissal. School administrators have the primary task
of evaluating teachers and determining their fitness; however, this task must be done in accordance with
state statutory provisions and in the light of constitutional protections.

According to a United States Supreme Court decision, Board of Regents of State Colleges v.
Roth, a nontenured teacher need not be given reasons for nonrenewal unless the nonrenewal deprived the
teacher of a “liberty” interest or if there was a “property” interest in continued employment. Any
statement regarding the reason for the nonrenewal could result in the teacher’s requesting a due process
hearing.

Depending on a state’s statutory provisions, dismissal of a tenured teacher or one under a
continuing contract must be in conformance with the state law. State provisions usually contain grounds
for dismissal such as nonperformance of duty, incompetency, insubordination, conviction of crimes
involving moral turpitude, failure to comply with reasonable orders, violation of contract provisions or
local rules or regulations, persistent failure or refusal to maintain orderly discipline of students, and
revocation of the teaching certificate. Additionally, all the procedural aspects of the hearing process
provided by state statute must be afforded the teacher. These often

158

include the following requirements: proper notice, containing charges and the names and nature of the
testimony of witnesses and stating the time and place of the hearing; compulsory process or subpoena
requiring the attendance of witnesses and the production of relevant papers and documents; a fair hearing;
and an opportunity for appeal.

This relationship between public-school teachers and their employers is significantly different
from that which operates in the private sector. Although workers in the private sector may have protection
under contract law, union agreements, or governmental antid




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