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Historical Context
Key Concepts
Morrison vs. State Board of Education
Nexus Requirement
Fitness to Teach
Case Examples
The Facts
1969 California Supreme Court Case
Veteran teacher, Marc Morrisons former male lover reported their
affair to his superintendent.
The superintendent asked for his resignation and Morrisons teaching
credentials were revoked on basis of immoral conduct.
The court reviewed his case and took a critical look at the rights to a
private life for teachers.
(Shotwell, 2010, p. 55-6)
The Findings
The court found that the terms immoral or unprofessional conduct
or immoral turpitude are too broad in definition and opinion.
The Results
The case presented a major shift in the landscape of public school
teachers.
Since the inception of public education 200 years ago public school
teachers were thought as being owned by the public.
Thus, they had no tangible right to a private life.
The Results
The court acknowledged, but ultimately rejected, the ever-present
Protestant idea of morality.
Nexus Requirement
What is It?
In teacher dismissal cases the Nexus Requirement calls for a direct
connection be made between a teachers behavior and their fitness
to teach.
It is especially important in cases where a teacher is fired for conduct
outside the classroom.
Normally a court will uphold a teachers right to privacy unless a
considerable nexus is found between the behavior and classroom
effectiveness.
Nexus Requirement
Nexus Requirement
Teacher Dismissed
Yes
No
Does it directly
affect the teachers
performance in the
classroom?
Teacher Retained
Fitness To Teach
What is It?
Morrison vs. State Board of Education paired the Nexus Requirement
with a Fitness to Teach policy.
Fitness To Teach
8 Factors
1. the likelihood that the conduct may have adversely affected
students and fellow teachers.
Fitness To Teach
8 Factors Continued
6. the praiseworthiness or blameworthiness of the motives resulting
in the conduct.
The Facts
Kinniry, a tenured teacher, pled guilty to trafficking counterfeit
designer watches.
His school district brought charges against him stating that he was an
ineffective elementary school teacher due to his conduct.
The school district claimed that Kinniry offended the morals of the
community and set a bad example for students.
The court upheld Kinnirys dismissal on moral grounds.
(Miller, 1997)
Analysis
The court based their decision on the federal offenses Kinniry had
been charged with were federal crimes and thus they offended the
morals of all communities in the nation.
This was enough for the court to decide that his crimes did in fact
inhibit his ability to effectively teach.
(Miller, 1997)
The Facts
Zelno, a tenured teacher, was found guilty of her third DUI.
She was sentenced to incarceration during the weekends and
summer until her sentence was completed.
She taught in a program for students in drug and alcohol
rehabilitation programs.
She was fired for immorality and intemperance when her employee
became aware of her convictions.
(Haskins, 2002)
Analysis
The Nexus Requirement is fulfilled in this case because her conduct
directly relates to her teaching.
References
Haskins, P. (2002, July 9). Zelno v. Lincoln intermediate unit no. 12 board of directors. Retrieved from
http://www.departments.bucknell.edu/edu/ed370/ABSTRACTS%2003/Haskins.htm
Hooker, C. P. (1994). Terminating teachers and revoking their licensure for conduct beyond the schoolhouse gate. Paper
presented at the Annual Meeting of the National Organization on Legal Problems in Education, San Diego,
California. Retrieved from
http://ezproxy.shsu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=eric&AN=ED379754
&site=eds-live&scope=site
Miller, C., & Aumiller, D. (1997, July). Kinniry v. abrington. Retrieved from
http://www.departments.bucknell.edu/edu/ed370/abstracts/kinniry.html
SCOCAL. Morrison v. state board of education. (1969, November 20). Retrieved from
http://scocal.stanford.edu/opinion/morrison-v-state-board-education-27498
Shotwell, K. D. (2010). Secretly falling in love: America's love affair with controlling the hearts and minds of public school
teachers. Journal Of Law & Education, 39(1), 37- 73.
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