Justices Decline Case on Teacher's Grievance

[proud2BlibKansan]

The U.S. Supreme Court today declined to hear the appeal of a New York City teacher who claims he was retaliated against and ultimately fired for his complaints about administrators' alleged failure to discipline students who threw books at him in class.

Lawyers for the teacher, David H. Weintraub, said the case would be a good vehicle for resolving a question regarding the First Amendment free speech rights of teachers. But the court declined without comment to hear the appeal in Weintraub v. Board of Education of New York City (Case No. 10-202). Justice Sonia Sotomayor recused herself from the case for undisclosed reasons.

According to court papers, Weintraub was a new 5th grade teacher at Public School 274 in Brooklyn in 1998 when a student threw a book at him. The teacher sent the student to the assistant principal, who returned the student to class without discipline. The next day, the student threw several more books at Weintraub, and the assistant principal again returned him to class without discipline.

After Weintraub filed a grievance with his teachers' union, his suit says he was subject to a campaign of retaliation from the assistant principal and others and was ultimately terminated. He sued the school district and various officials, claiming, among other things, that his discipline and termination based on his grievance violated his First Amendment right to speak on matters of public concern.

more . .. http://blogs.edweek.org/edweek/school_law/2010/10/justices_decline_case_on_teach.html

[Smarmie Doofus]

1. Jesus. Kick so I can find his tomorrow. nt

[proud2BlibKansan]

3. I remember hearing about this a long time ago

Had no idea the case had gone to the SC.

[Hannah Bell]

2. How can this be? Teachers can't be fired!!!!

[dkf]

4. This is just wrong.

Shouldn't this be some sort of assault charge or something?

[proud2BlibKansan]

5. Sounds like another idiot vice principal to me

I've worked with a few myself.

[immoderate]

6. For most AP's I worked for...

I would not send them a discipline problem unless there was blood. You take care of them yourself, or suffer the consequences.

There were exceptions. I felt lucky when I got the occasional chance to work for someone I thought was smarter than me.

--imm

[dkf]

7. So it depends on how well you dodge the books?

[immoderate]

8. If that were one's only choice. Where does he get all these books anyway?

The reality is for many kids "Get thee to the office!" is exactly what they want, and giving in is reinforcing the bahavior, so they'll be back tossing books real soon, because APs are swamped and overworked with whatever it is they do, and would prefer that teachers maintain discipline.

If the kid is lucid enough to understand an order to go to the office, he could also understand, "Would you kindly stop throwing books and chill out for a moment." In reality, schools I've worked in forbade teachers to send berserk children out in the halls to turn themselves in to the AP. And you can't send a child as an escort. You must summon an adult to escort the unruly child.

Discipline in the classroom is part of the craft. Methods differ by region, neighborhood, cultural influence, etc.

In the meantime thrown books do not draw blood, right?

--imm

[proud2BlibKansan]

9. That would involve giving them books

[trayfoot]

12. As have I!

[Smarmie Doofus]

10. So the legal issue is: if you file a grievance....

... that's NOT constitutionally protected free speech because it's done ( grievance as "speech") as part of one's employment?

That's what the city argued... if I understand correctly.

But since SC didn't comment.... what exactly is the "law" ? As of right now? Grievance is /is not protected speech?



Also... it's interesting that Sotomayer recused . I wonder what that's about. Too bad we don't have a Legal Issues forum we could send this to.

[WinkyDink]

11. I have yet to read anti-teacher posts on DU that also discuss incompetent school administrators.

The critics are always, "Why don't teachers stop the drop-outs?"
"Why don't teachers teach what they want to?"
"Why don't teachers spend more time helping students?"
"Teachers' unions are the problem."