The Legal World of the School Principal by Norton M. Scott;

Author:Norton, M. Scott;
Language: eng
Format: epub
Tags: undefined
Publisher: Rowman & Littlefield Publishers
Published: 2012-08-15T00:00:00+00:00

Case #9—Hortonville Joint School District No. 1 v. Hortonville Education Association (U.S. Supreme Court, June 1976). Due Process Required

The school board and teachers’ association had negotiated for several months in an attempt to renew a collective bargaining agreement. The teachers were sent letters requesting their return to work without a response. A second letter with the same request also received the same results since striking was against state law. None returned. In follow up, the school board sent each teacher a letter setting forth hearing times for disciplinary hearings. State law prohibited teacher strikes.

The counsel for the teachers informed the school board that the teachers wanted to be treated as a group rather than individually. Teachers argued that the matter should be reviewed by an impartial third party, and the school board did not meet that condition. Due process could not be rendered with the school board in charge. The teachers filed a lawsuit, and the state Supreme Court ruled in favor of the teachers’ association. The Court stated that indeed due process required an impartial third party and that fairness could not be achieved if the school board ruled on the matter. However, the case went to the U.S. Supreme Court, and that Court reversed the ruling of the state court.

First of all, the due process clause did not guarantee the teachers an independent review of their termination. In addition, the Court stated that in view of the school board’s educational responsibilities for the best interests in the educational program for students, the firing fell within the board’s policy of making legal responsibilities. In dismissing the teachers that had violated the state law concerning striking, the firing was within the Board’s legislative role as policy makers.

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