Hiring Requirements for Teachers

Assignment: (Case Study 8-: “Job Announcement: Teachers needed. Must be married and have a stable family commitment. Do not apply if you are a single parent.” (Legal and ethical hiring practices)

Overview

Dewayne Johnson is a principal in a very small rural school district. Mr. Johnson is a very progressive minded administrator. He constantly studies new and innovative ways to improve instructional practices and student performance in his school. As an innovative administrator, he also seeks out teachers who will provide students with a rich classroom environment that supports diverse cultures. Not only does he seek those who support diverse cultures, he seeks those who are knowledgeable and accepting of life styles that may be different than his own or what the district views as “normal”.
Mr. Johnson has completed his Master’s and Specialist degrees at Arkansas State University. Therefore, he is well aware of legal and ethical practices in the hiring and dismissal of teachers.
For the upcoming school year, Mr. Johnson has determined that he will need to hire a new kindergarten teacher. He would like to find someone who is energetic and motivated to help young children learn. At the last school board meeting, a motion was approved to hire a new kindergarten teacher. Mr. Johnson went to work immediately writing a job announcement to put on the district web site and in the local paper. The superintendent came into Mr. Johnson’s office late one afternoon and handed him a piece of paper with the job announcement already written. The board members had decided on the criteria they felt was necessary and important for a new teacher in their district. Mr. Johnson was appalled at the wording in the job announcement. The announcement said the following:

    “The XYZ School District is seeking applications for the position of kindergarten teacher for the upcoming school year”. The applicant must meet the following requirements:

• Must have applicable state licensure.
• Must pass a background check.
• Must have at least 10 years experience teaching kindergarten.
• Must be married to person of opposite sex.
• Must be a parent of at least one child. But, not currently pregnant.
• Family life must be stable.
• Single parents need not apply.
• Must be a Christian.
Mr. Johnson was so stunned, he could not even open his mouth to protest the job announcement. The superintendent promptly left the room.

ELAD – School Law

Instructions

Read the case study. Consider the legal issues surrounding the case. Based upon the research, readings, lecture and video’s write a one page double-spaced essay that includes your responses to the following questions.
(ELCC 3.3, 5.4, 5.5, 6.1)
(NELP: 2.1a, 2.2c, 2.2d, 2.3a,2.3d, 2.3e, 3.1a, 3.1c, 3.1d, 3.1g, 3.1h, 3.3c, 3.3d, 6.3a, 6.3b, 6.3c, 6.3d, 6.3e, 6.3f, 6.3g, 7.1a, 7.1e)
(LEADS: D2a, D2b, D4a, D4b, D4d)

There are several issues in the scenario to consider:

1. What are the legal implications in this case? State specific cases or laws that have been broken.
2. How will Mr. Johnson go about explaining to the superintendent the issues with the announcement? (What would you do? You do not have to go into great detail. Just an idea will be fine.)
3. How will he address the school board, since it is their idea?
4. This is an issue involving state law and federal guidelines against discrimination in hiring practices. Do you feel this could become an issue of insubordination for Mr. Johnson? Why or why not?
5. What policies does your district have in place that outline district hiring and dismissal practices? Give a brief explanation of the policies if you have them.
6. If Mr. Johnson is forced to comply with the school board’s version of a job announcement, what do you think (or know) would be the repercussions for him?
7. Discuss what could be done to the school board if someone decided to legally pursue the announcement.
8. Have you ever seen this type of hiring practices in your experience? Explain
9. What are the ethical implications for this case?