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Tricky education (teacher) question

 
 
Reply Mon 2 Apr, 2007 05:05 pm
This has been stumping me for a bit, I figure I'd see if anyone here might have an idea on it...


Does a teacher (non tenured) have a property interest in his/her seniority?

In other words, could one fight a decision to be transferred to another department/section/etc. if such a transfer would result in the loss of seniority (and as such, the benefits that it comes with)?

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Type: Discussion • Score: 2 • Views: 967 • Replies: 4
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aidan
 
  1  
Reply Tue 3 Apr, 2007 12:47 am
By seniority- do you mean years of experience?

I know that in the public school sector, a teacher carries years of experience (which affect pay grade) from one school to another, and even from one school system (even from other states) to another, so I don't think there could be any effect in terms of income.

If someone has earned a position of authority (such as, "department head") it's unlikely they'd be the one to be given a transfer, unless they specifically asked.

Quote:
Does a teacher (non tenured) have a property interest in his/her seniority?

Monetarily, I would say the answer to this is yes- but in terms of prestige or any other benefits that would allow one to either stay in a position or go as they desired, unless s/he has tenure, it's not in their hands- they do what the administrators decide they should do. I've seen it happen many times.
But I'm not a lawyer- and have never had reason personally to explore this issue in any depth.
Maybe you could contact an NEA (National Education Association) rep for a more definitive answer.
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joefromchicago
 
  1  
Reply Tue 3 Apr, 2007 08:20 am
Re: Tricky education (teacher) question
JustanObserver wrote:
Does a teacher (non tenured) have a property interest in his/her seniority?

In other words, could one fight a decision to be transferred to another department/section/etc. if such a transfer would result in the loss of seniority (and as such, the benefits that it comes with)?

Question

Maybe.

It depends a lot on the nature of the tenure. Also, if the school is private, then there is likely no fourteenth amendment protection available (although there might be a state constitutional protection).

See Perry v. Sinderman.
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JustanObserver
 
  1  
Reply Tue 3 Apr, 2007 10:02 am
Re: Tricky education (teacher) question
joefromchicago wrote:


Shocked

Joe, you just freaked me out... I was actually holding a printout of that very case when I was reading your response! Laughing

Yeah, so far that looks to be the best holding on the matter, and I've been dissecting the decision since yesterday to get the most out of it, but it seems there's not much more caselaw on this topic (which is why I figured I'd toss the question here to see what you guys think).

Thanks for the help so far, fellas...it is certainly appreciated. And Joe, get out of my head, man!
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joefromchicago
 
  1  
Reply Tue 3 Apr, 2007 10:25 am
You might also want to take a look at Bd. of Regents v. Roth[/i], the companion case to Perry, which has a longer discussion of a teacher's property interest in tenure.

Another thing to consider: is this teacher a member of a union? If so, then the focus shouldn't be on the property interest angle, it should be on the protections offered by the collective bargaining agreement.
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