Home » Posts tagged "States" (Page 2)

Freedom Dilemma in the Arab States

Hasan A. Yahya, Ph.Ds

 Since man existed on earth, freedom for him is two types in definition, one is freedom of, and the other is freedom from. While in theory they both may mean related to each other, in reality they are far from each other according to cultural norms and mores.  Freedom of is the absence of constraints on behavior, it means freedom to do something. In modern time, the two types are defined logically as related to each other in any political system.  In this sense, freedom is synonymous with liberty in two important areas, freedom of worship, (religion in general),  and freedom of speech. The freedom from, however, includes two types of freedom. Freedom from fear, and freedom from want.  In both areas, immunity from fear and want against oppression and exploitation and immunity from discrimination and racism, and both are equated with equality and justice.

The influence of the concept order, however, makes the difference in practice, for example, under authoritarian political systems freedom of is largely forgotten, through legislation or executive branches of governments. This means, that freedom from, fear and want is also persistent. I believe that freedom of is more applicable than freedom from in both authoritarian and liberal political systems, at least, theoretically. They are nonetheless, differ greatly, in application.

Order, whither, social or political, refer to established patterns of authority in society. Where traditional modes of behavior are followed. It is the norms of doing things. Such norms prescribe behavior in different areas, such as school systems and students’ behavior in schools, by appearance and obedience.  Marriage behavior according to law (religious or secular), and press publication and explicit photography (without anarchy).

 In modern time, states are different in applying freedom of, or freedom from according to their political systems. While in advanced countries we may observe justice, and liberty in both types of freedom, justice and liberty are rarely noticed in totalitarian or traditional systems like the Arab countries for example. In most of the Arab states, liberty is limited and justice is exploited by those who have ( power, or wealth) over those who have not (non-citizens-workers, and service people, the less educated). While we use here two important concepts in Marx’s theory of capitalism, we do not mean, that they mean the same thing after more than a century ago. The means of production and property ownership is taking new shapes under the concept of order, especially, the political one.

In the Arab countries, where lack of laws application from traditional personalities undermines liberty and justice, where both became culturally accepted without resistance. If not, they will be exploited by security measures of order.

Terrorism as we knew in recent years have played a vital role in making deviation from all types of freedom, Religious, free speech, fear and want, where corruption of traditional regimes, helps out the idea of keeping the state order by ignoring freedom of and freedom from. So we see that product prices has no limits, and bread becomes more and more less in health value and  more in price.

In strategic planning, or in the transitional periods from one old political system to another more open to all types of freedom, Arab states are urged to apply both types of freedom, at least freedom of worship and liberty, because these two can be applied away from discrimination and exploitation by following the rules of law, which is absent in most Arab countries. Rules of law, however, do not mean, traffic laws, or marriage laws, but laws of justice and equality of citizens and non citizens alike, live inside their borders. Rules of law of limited presidency ( where presidency periods go up to four plus times or life, in Algeria, Egypt, and Tunisia, for example)   

I believe, if this happened, and rules of law become understood, in theory and application, we, then, would say, that the Arab countries are in the right track of healthy governments. While symptoms of this vision is showing in some areas, traditional application of rules of law are missed from government departments, especially the ones connected to cultural norms built up through centuries of wrong beliefs and heretics of rulers, theologians and sheep-like conformity, citizens. ( 715 words) www.dryahyatv.com

Hasan A. Yahya is an American Arab scholar, and a professor of cultures and sociology. He published 19 Arabic and 8 English books and 200 plus articles on sociology, psychology, politics, poetry, IQ Test Measurement and short stories in both Arabic and English. His articles may be found on articlesbase.com, Face book and other internet sites. His recent book published on Amazon titled: Therapy Cases: Mental and physical, 2008, and Lawlaki: Poetry Diwan, 2000 Bayt Min al-Shi’r al-Arabi. (all in Arabic on amazon- 2009). His recent activities reflects his talents and knowledge on youtube’s Dryahyatv.com Dr. Yahya resides in Michigan, USA. Dr. Yahya has four children and eight grandchildren.

Article from articlesbase.com

The United States Constitution – Part 1 – The Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Constitution is written in the voice of THE PEOPLE of the Unites States, NOT in the voice of a government. Yes, you are going to say that the people ARE the government, however it has to be established, first.

What is the purpose of this Constitution? To form a more perfect Union. The Articles of Confederation that was currently in effect would not be the best vehicle to drive this country forward, so the people had to have a better type of union.

It furthermore establishes several things. The need to establish some things means that those things were either NOT there, or again, they needed to be set straight in a better way:

Establish Justice: In other words, How Are We Going to prepare to Treat Each Other. The People made it very clear what they DID NOT like about the King of England’s treatment of them in the Declaration of Independence, so now, the people needed to set forth and publish how they were going to be treated.

Insure Domestic Tranquility: You need to know that when the founding fathers (yes, they were all men) wrote the 2 documents that are the subjects of this series, there were approximately 3 million people in this country and they considered themselves to be members of their own states before they were members of the country. They knew that they had to get together and calm all the differences between the states so that commerce could happen without having every state treating every other state like a foreign country!

Provide for the Common Defence: The people needed to be able to establish a system for defending our new country from other foreign countries. We will be discussing what needed to happen for this very common sense measure.

Promote the General Welfare: This was written and very hotly debated about what IS the General Welfare of the people who wrote this. Common usage of this phrase in the time that it was written would indicate that the General Welfare is that which has the broadest effect. In other words a law or statute that adversely affects one group of otherwise law-abiding citizens at the expense of another more narrowly defined group should not be allowed.

Secure the Blessings of Liberty to Ourselves: By establishing the rules for the Treatment of all the People, knowing that we are going to be prepared to fight, if necessary for our National Security and ensuring that all people are treated the same way, we will have the Liberty that we required for ourselves in the Declaration of Independence.

AND by so doing we have laid the ground for our Posterity (our kids and their kids and their kids…) to enjoy the same Liberties with the same responsibilities that we had.

…do ordain and establish this Constitution for the United States of America.

 

I have been an America Lover for the past 55 years. There has been many that have taken the words that were very clearly written in the language of their origin and have stomped all over them. This includes many of our elected officials.

Please go to: http://www.squidoo.com/usa-constitution and leave a comment / take a poll about what this document means to you, the country and what we need to do to do our part in preserving it.

 

Article from articlesbase.com

How US Constitution was supposed to protect the interests of the states? Which provisions?

The Constitution
by wallyg

Question by kosovar: How US Constitution was supposed to protect the interests of the states? Which provisions?
I need to know when US Constitution was first drafted, how was it supposed to protect the interests of the states since the states gave up a significant part of their sovereignty?
Carolyn – yes but the Bill of Rights protects more the individual liberty. My question is since the states gave up a huge portion of their sovereignty because of some provisions of Constitution which would reflect the interests of states rather. What were those provisions?

Best answer:

Answer by Carolyn D
The dates should be easily accessible in your textbook.

It’s true that they gave up part of their soverignty but many states wouldn’t ratify it without the Bill of Rights which guaranteed more protection than the actual Constitution. Plus, they realized that the Articles of Confederation did not give the federal government enough power so changes had to be made.

Are you asking what provisions of the Constitution actually took rights away from the states that they originally had in the Articles of Confederation?

What do you think? Answer below!

The United States Constitution in Simple English Now Available

The United States Constitution in Simple English Now Available












We the People


Saddle Brook, New Jersey (Vocus/PRWEB) January 01, 2011

The new Republican majority in the United States House of Representatives has promised to read the entire U.S. Constitution on January 6th, as a prelude to its getting to work on new legislation.

And what about the rest of Americans?

If citizens are going to hold elected leaders to the letter of the Constitution, they need to know what it says. Unfortunately, the Constitution was written with long, long sentences, many subordinate clauses, and seldom-heard legal terms. And most sources are in fine print.

Many citizens have long ago forgotten their 10th grade American civics class and the analysis of the Constitution. Or they may have slept through it at the time as one of the most dense and therefore, boring of topics. Or perhaps they never had such a course.

Twelve percent of the population of the United States is foreign born. This is another important segment of Americans who have no clear understanding of what the Constitution is. They’ve come here for the benefits of the Constitution, and studied enough to pass a citizenship test. But limited English kept them from getting a full view of the Constitution.

Elizabeth Claire’s purpose in providing the Constitution in Simple English is to give all Americans a fresh starting point in reading the Constitution. It is written on a reading level suitable for eighth-grade students and for new speakers of English at a high-intermediate level. The Constitution in simple English does not in anyway “dumb down” the original document, which stands directly next to it. Claire’s version contains a brief historical introduction and summary. Reading the Constitution “in translation” will help Americans appreciate the remarkable foundation of the U.S. government. This is a necessary first step in fulfilling civic duties.

Claire, who has a master’s degree in Teaching English as a second language, and 40 years of experience, is the author of 26 texts and teacher resource books in her field, and is the founder and publisher of Easy English NEWS, a monthly newspaper for English language learners.

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“We Are Americans” Opinion Editorial by Charles Fowler, Candidate for the United States Senate in the Colorado Republican Primary

(PRWEB) April 24, 2004

I am deeply troubled by what I sense to be almost like a Civil War in this country in our political arena. There is such a polarization between the left and the right, between Republican and Democrat. But listen, we are all Americans. When it comes right down to it, we are not Democrats, Republicans or Independents, we are Americans. I mean if the bomb were to drop today, we would all stand up together as Americans. Some how I think we have forgotten that.

And for the American Eagle to soar economically and politically it is going to take both wings, left and right working together. In order for anything positive to happen in the United States Congress it takes bipartisan leadership.

“And the two wings of the great eagle were given to the woman, in order that she might fly into the wilderness to her place”

Revelation 12:14; NASB

This biblical passages speaks clearly of God using the United States of America in His’ Divine Providence. It speaks of the “two wings” which I believe are the left wing and right wing in American politics. But who is the woman?

Allow me to quote part of the poem that’s on the Statue of Liberty:

“Keep, ancient lands, your storied pomp!”

cries she with silent lips.

Give me your tired, your poor,

your huddled masses yearning to breathe free;

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed to me,

I lift my lamp beside the golden door.

-by Emma Lazarus, New York City, 1883

The Statue of Liberty holds a torch in her right hand and carries in her left a book of law inscribed “July 4, 1776.” The broken chains, symbolizing the overthrow of tyranny, lie at her feet.

Immigrants the world over would see “Lady Liberty” welcoming them to America’s shores. For more than one hundred years the Statue of Liberty has become the global symbol of freedom.

Referring back to our text in Revelation, it is significant that the Holy Spirit does not actually refer simply to “the wings of the great eagle,” but very specifically “the two wings.”

In America today the Christian vote is divided politically. Christians who vote Republican do so for their anti-abortion platform. Christians who vote for the Democrats are conscious of the needs of working people, care for the poor and hurting in our nation. Independents tend to be a mixture of the two who do not feel represented by either.

I believe that God needs Christians in both political parties to be salt and light, in order to provide a positive influence in our government. I personally believe that God has given “the two wings of the great eagle” to the woman, “Liberty.”

“Give me your tired, your poor,

Your huddled masses yearning to be free;”

But the message for us today is that it takes two wings for this American eagle to fly. It takes both the left wing and the rignt wing. Isn’t it time we agreed to disagree and when we disagree, do it with dignity and respect for each other?

The two missing ingredients in the United States today are dignity and respect for each other. Respect between Republicans and Democrats. Respect between workers and employers. Respect and dignity in our political campaigns?

Today if you are a politician looking for PAC money or endorsements, you find out that if you are just a little moderate, it is very difficult. PAC money only goes to people on the hard left or the hard right, moderates don’t seem to fit into the political scheme. One group wants to abolish Public Broadcasting and the other wants to abolish the Department of Education. Another group demands your’ support for abortion, the other group demands your’ support for vouchers. If you are a Republican, and prefer tax credits over vouchers, support Public Broadcasting and believe that the Department of Education provides a vital service, then, “lots of luck.”

Today we have so demonized the opposition, polarized those with whom we disagree that issues become secondary and honest debate seems impossible. It was Ronald Reagan, one of our nation’s greatest Presidents, who presented what he called, the 11th Commandment:

“Never speak ill of a fellow Republican.”

What he was saying, is treat each other the way you would like to be treated. Treat each other with dignity and respect. I think in America that it would be good if we adopted something very similiar in our thinking: “Never speak ill of a fellow American.”

In other words, quit demonizing the other party and start treating each other with dignity and respect. It is what another great American President, John F. Kennedy said:

“Every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated.”

Education

I am of the opinion that there have been too many budget cuts and that the Senate has failed to properly fund our educational programs. My position is that we need to fully support the Department of Education and send more federal funds from Washington to help states and local school districts have the full funding they need for such programs as are needed for “Children with Learning Disabilities” and other programs.

I feel like the black sheep in the party for my stand on education. Bob Schaffer wants to abolish the Deparment of Education and I want to increase the Department of Education’s funding. Most of the Republicans in Colorado are for vouchers. I prefer tax credits. I would like to see tax credits established for all tuition payments from Preschool all the way to the Ph.D. This would be a sound investment in the future of our nation.

I find it interesting that we can find the funds to build prisons and not schools. Experts tell me that the future prison population can be determined by Fourth Grade test scores. It sounds like we have our priorities very confused. The education of kids should be the top prioirty in the future. If we work together, instead of against each other, we can repair, remodel and build better schools instead of being forced to build more prisons.

School Construction

School Construction should become a priority in America again. I have been to Las Animas and other school districts where the buildings are much older and in need of repair. Students who attend class in dilapidated, hazardous and sometimes dangerous buildings have a difficult time learning. Many of our schools are not equipped with the computers and high-tech education that today’s students must have.

Smaller, rural and lower income school districts cannot accomplish this without some federal funding to help. In my opinion we need to work together to see that we have funding to help these districts repair their most dilapidated public school buildings and when needed build new schools.

There is an elementary school in use today in Las Animas, Colorado which was built in the 1880’s. It is a well cared for and historic facility, but underscores the fact that it has been many years since many school districts have been able to build new school buildings.

PLAN FOR FUNDING HIGHER EDUCATION

My roots are in agriculture and I strongly support anything that will genuinely help the farmers and ranchers of Colorado. However, the Farm Security Act; a $ 73 billion hike in agricultural subsidies enacted for the good purpose of aiding impoverished farmers now has such restrictions that link these subsidies to select crops and total acreage to ensure now that wealthy farm owners, corporate executives and even other legislators benefit the most. For example, basketball star Scottie Pippen and billionaires Charles Schwaab, David Rockefeller and Ted Turner each received six-digit farm subsidies over the past five years.

So what if we take about half of those subsidies to the billionaires and propose a $ 35 billion financial aid package that would go to the states to help bring college tuition down.

And, while we are at it, take another $ 35 billion from the billionaire farmers and fund health care for the many Veterans who gave of themselves in order that we might be free today.

Experts on government waste estimate that another $ 20 billion a year is literally thrown away each year on political pork. Let’s kill the pork and bring another $ 20 billion to the table and start offering some additional tax credits for some of our college students to help pay for their tuition. Helping kids through college is not pork, it is an investment in the future of our country.

Veterans

We must never turn our back on the brave men and women of our Armed Forces. Colorado is home to thousands of these brave men and women who have chosen to risk their lives to make us safe and fight for freedom around the globe.

We need to make certain that when our servicemen and women are called to duty that their families do not face an undue financial burden.

FOWLER FAQ’S

Why are you running for this office?

In order to represent the interests and the values of the hard working people of Colorado and not forget the people and their values once I get to Washington. I pledge to hold regular town hall style meetings across the state and form bipartisan policy committees to help find solutions and solve any problems we may face in the future.

What are your views on President Bush’s new immigration plan?

It is a moral immigration policy that takes into account the concept of the “right to migrate” and the priority of the famiy over the state. It does not threaten our security and over the long haul will benefit our economy.

Should Roe vs. Wade be overturned?

Yes, Row vs Wade was an attempt by the court to write legislation. Their decision was based on the “penumbra” of the Constitution, a mysterious shadow or spirit of the Constitution, which was being created by the decision itself. Supreme Court Justices are not elected and according to Artice 1, Section 1 of the Constitution, should not write laws

Do you favor the Allard/Musgrave amendment banning same-sex marriage?

Yes, but I also believe that the laws are already in place that support traditional marriage. If this amendment passes, it would still be tested in the court system. Either way the legislatures go with this issue, it is still going to wind up in the hands of the Supreme Court. While I do support traditional marriage, it is eventually going to be a decision for the Judicial Branch and not Congress. It is simply a Judicial decision in my view, if you lay all the political hype to the side, the courts are actually going to decide this. And that underscores the importance of strong Constitutional Justices being appointed to the judiciary, especially to the United States Supreme Court.

What are the three biggest issues facing your constituents and what do you see as solutions?

For me, I think it is education, workers rights and military pay. I also think it is vital that we elect someone to the United States Senate with an open heart and a listening ear, that will work hard to represent the main stream values of all of Colorado.

So public education is my top priority, especially in the area of school modernization. Education is not pork, it is our kids future. I prefer tax credits over vouchers and would like to see tax credits established for all tuition payments from preschool to Ph.D. There should be federal funds to assist in school modernization and the Department of Education plays a vital role.

Military pay is a major issue for me, we send our brave soldiers into combat and their families should not struggle financially.

Workers rights: we need a worker friendly Senator who understands the struggles of working families and does not fight against them. I am very concerned with Pete Coors and his history in this area. While I am not seeking the endorsement of the AFL-CIO, I do agree with them on many of the issues they are fighting for.

At this stage in this campaign I need your support in order to ensure that my name is on the ballot in August and that I can conduct a competitive campaign. Please visit my website for details.

CONTACT INFORMATION:

Brian Raile, Campaign Manager

Charles Fowler for United States Senate

Post Office Box 5532

Colorado Springs, Colorado 80931-5532

719-471-1040

http://www.charlesfowler.com



Vote on Freedom of information in Italy and other Member States

A few nice Freedom of Information images I found:

Vote on Freedom of information in Italy and other Member States
Freedom of Information
Image by European Parliament
Parliament voted down all nine draft resolutions on Freedom of Information in Italy and other Member States, after a debate on 8 October in Brussels: the centre-right formations are clearly amused by the result – the last vote of the Chamber was, unusually, a draw (338 VS 338); EP Plenary Session – October, Strasbourg.
Read more: www.europarl.europa.eu/news/public/focus_page/008-62272-2…
©European Parliament/Pietro Naj-Oleari

Debate on freedom of information in Italy
Freedom of Information
Image by European Parliament
Debate on freedom of information in Italy: (From Left to Right all the MEps who toke the floor inname of their political group) EC commissioner Viviane Reding, Joseph Daul, David-Maria Sassoli, Guy Verhofstadt, Judith Sargentini, Ryszard Czarnecki, Patrick Le Hyaric, Francesco Speroni and EP President Jerzy Buzek. Read more on www.europarl.europa.eu/news/public/focus_page/008-61783-2…
©European Parliament/Pietro Naj-Oleari

How come the Constitution of the United States is not being used to its fullest potential?

Question by soccerchick2011: How come the Constitution of the United States is not being used to its fullest potential?
The Constitution was written for a reason, and today we are not using it to its fullest potential. Why aren’t we? The Constitution was written by very smart men and we are not using it like they intended it to be used. If we’re not going to use it like we should, why do we have the Constitution?

Best answer:

Answer by Citicop
How we “should” use it is a matter worth of some debate, don’t you agree?

Do you have an example of its misuse?

Add your own answer in the comments!

Constitution of the United States of America (page 3)

Some cool The Constitution images:

Constitution of the United States of America (page 3)
The Constitution
Image by The U.S. National Archives
From: Series: The Constitution of the United States, compiled 09/17/1787 – 09/17/1787 (Record Group 11)

Created by: Constitutional Convention. (05/14/1787 – 09/17/1787)

Persistent URL: arcweb.archives.gov/arc/action/ExternalIdSearch?id=1667751

Repository: National Archives Building – Archives I (Washington, DC)

Buy copies of selected National Archives photographs and documents at the National Archives Print Shop online: gallery.pictopia.com/natf/photo/

Access Restrictions: Unrestricted
Use Restrictions: Unrestricted

Constitution of the United States of America (page 2)
The Constitution
Image by The U.S. National Archives
From: Series: The Constitution of the United States, compiled 09/17/1787 – 09/17/1787 (Record Group 11)

Created by: Constitutional Convention. (05/14/1787 – 09/17/1787)

Persistent URL: arcweb.archives.gov/arc/action/ExternalIdSearch?id=1667751

Repository: National Archives Building – Archives I (Washington, DC)

Buy copies of selected National Archives photographs and documents at the National Archives Print Shop online: gallery.pictopia.com/natf/photo/

Access Restrictions: Unrestricted
Use Restrictions: Unrestricted

The United States Constitutional Requirements Of Due Process Applied To The Public Employment Relationship Of School Personnel In Texas

The United States Constitutional Requirements of Due Process Applied to the Public Employment Relationship of School Personnel in Texas

 

Barbara A. Thompson, M.S.

PhD Student in Educational Leadership

College of Education

Prairie View A&M University

Administrative Assistant

College of Engineering Graduate Affairs and Research

 

William Allan Kritsonis, Ph.D.

Professor and Faculty Mentor

PhD Program in Educational Leadership

Prairie View A&M University

Member of the Texas A&M University System

Visiting Lecturer (2005)

Oxford Round Table

University of Oxford, Oxford England

Distinguished Alumnus (2004)

Central Washington University

College of Education and Professional 

ABSTRACT

 Most of the legal disputes arise out of the employment of public school personnel.  Laws that affect the employment relationship, the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process, and the legal issues that arise in these contexts are examined.

  

 

Introduction

The United States (U.S.) Constitution applies to the public employment relationship (Walsh, Kemerer & Maniotis, 2005).  This fact distinguishes public employment from private employment.  The due process of the Fourteenth Amendment is not invoked in the private sector and it is not a guarantee against incorrect or poor advisement.  According to the U.S. Constitutional requirement of the due process clause, states must afford certain procedures before depriving individuals of certain interests.   Laws and legal proceedings must be fair.  When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.  (The Lectric Law Library’s Lexicon on Due Process, n.d.).  The focus is on deprivation of liberty or property.  Certain procedures are considered due process and certain interests are life, liberty, or property.  The Supreme Court requires individuals to show that the interest in question is either their life, their liberty, or their property.  If the interests are not in either of these categories, life, liberty or property, no matter how important it is, it doesn’t qualify for constitutional protection.  The U.S. Constitution only restricts governmental action.

Rights can be regulated or taken away altogether if due process of law is provided (Walsh, Kemerer & Maniotis, 2005).  The due process clause serves to the use of fair procedures, more accurate results that would prevent the wrongful deprivation of interests.  Due process provides individuals the opportunity to be heard from their point of view.  This allows the individual to feel that the government has treated them fairly.  The due process clause is essentially a guarantee of basic fairness by giving proper notice, providing an opportunity to be heard at a meaningful time in a meaningful way or a decision supported by substantial evidence.  The more important the individual right in question is, the more process that must be afforded (Exploring Constitutional Conflicts, 2009).

 


The Purpose of the Article

The purpose of this article is to focus on the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process and the legal issues that arise in these areas.

The Constitutional Concept of Due Process

            In any personnel decision, the question is whether the employee was deprived of any property or liberty with the constitutional guarantee of due process of law.  The 1972 U.S. Supreme Court case of Board of Regents v. Roth, ruled that teachers are protected under the 14th amendment property right of continued employment if the state law gives them a legitimate claim of entitlement to it (Walsh, Kemerer & Maniotis, 2005).  Before any process is due, there must be state action and a significant, more sudden and dramatic deprivation of life, liberty or property.  For example,

            The federal court is not the appropriate forum in which to review the multitude of

personnel decisions that are made daily by public agencies.  We must accept the harsh fact that numerous individual mistakes are inevitable in the day to day administration of our affairs.  The United States Constitution cannot feasibly be construed to require federal judicial review for every such error.  In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee’s constitutionally protected rights we presume that official action was regular and, if erroneous, can best be corrected in other ways.  The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions.  (Russell v. El Paso I.S.D., 1976, p. 565.)

When the government deprives an individual of life, liberty or property, the due process clause is invoked.  A property right protected by the Fourteenth Amendment may not be taken away without providing a person with due process (Walsh, Kemerer & Maniotis, 2005).  Governmental action is restricted by the U.S. Constitution.  In the private section, the due process clause is not invoked.  Due process is not an absolute.  It varies according to the deprivation of property.

            When a person accepts a position with a school district on an at-will basis, he or she has no property right in the job (Walsh, Kemerer & Maniotis, 2005).  There is an at-will employee contract that incorporates an at-will relationship.  If the at-will employee points to the employee’s policies and procedures manual as reasons not to be fired, no process is due.  The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause (Walsh, Kemerer & Maniotis, 2005).  There is no property right in the job, therefore no process is due.  If the employee’s contract is not renewed and the contract has run its full course, there is no process due.  If the contract is not renewed and there is another year on the contract, then due process is invoked.  The employee who has a contract is entitled to due process.  

Due process for a terminated employee includes giving timely notice of why the termination is occurring, a fair hearing so that the employee can defend himself, names and the nature of the testimony of witnesses against the employee must be available, and sufficient evidence to establish a good cause for dismissal must be presented (Walsh, Kemerer & Maniotis, 2005).  The employee can be on the job for thirty years or the employee can be a one year probationary teacher.  If the contract was terminated before the stated expiration date, the property right of the individual is in question and due process is invoked.  Texas employees are allowed an independent hearing.  Any decision to terminate a contract comes back to the school Board before it is final.  The employee must produce clear evidence if they charge the Board with partiality.

            The liberty right of the individual addressed in the Fourteenth Amendment suggests that the parent has a right to select a non-public school, the right to privacy and the right to a good reputation.  In the 1972 Supreme Court case Wisconsin v. Constantineau (p.437), the employee stated the government put his name, honor and reputation at state, therefore a notice and an opportunity to be heard was essential.  Stigmatizing statements create a right to a name clearing hearing only if they arise in conjunction with termination or non-renewal of employment as in the Siegert v. Gilley, 1991 court case.  If the employee publicized the defamatory remarks, due process is not invoked.  There is no right to a name clearing hearing.  In Burris v. Willis I.S.D., 1983, a teacher claimed that when a board official read a letter about him at an open board meeting and in so doing, it violated his constitutional rights by depriving him of a liberty right to a good reputation.  The teacher’s claim was rejected because the file was kept confidential. 

Employment Arrangements, Contracts and Legal Recourse

            There are six types of employees within the public school (Walsh, Kemerer & Maniotis, 2005).  They are at-will employees, non-chapter 21 contract employees, probationary contract employees, term contract employees, continuing contract employees and third-party independent contract employees.  Legal issues arise within each area when the relationship is ended. 

At Will Contracts

The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause.  This employee can be terminated for good reasons, bad reasons, or ‘no reason at all’.  ‘No reason at all’ refers to a reason based on a bad reason that violates state or federal law.  If the decision is a wrongful discharge and the employer violated state or federal law, the employee can sue (Walsh, Kemerer & Maniotis, 2005).  The at-will relationship is the norm in the private sector.  For example, an employee in at at-will relationship in the private sector can be described as an employee working for 30 years and quit his or her job tomorrow.  Also, an employee can go into work the next day and be fired (Walsh, Kemerer & Maniotis, 2005).   The terminated at-will employee can file suit alleging his discharge was due to retaliation for his exercise of his constitutional rights when he or she blew the whistle on wrongdoing.  The terminated employee can also file discrimination based on race, sex, religion, age, national origin, or disability if it can be proven.

Chapter 21 and Non Chapter 21 Contracts

Teachers certified under chapter 21 of the Education code must have a contract.  Chapter 21 employees include the classroom teacher, librarian, nurse or counselor, which means a probationary, term or continuing contract.  Section 21:201 describes a teacher under term contract law as a supervisor, classroom teacher, counselor or other full-time professional who must be certified under Subchapter B or a nurse.  Non-chapter 21 employees do not need a contract and do not require certification.  They are not subject to an independent hearing system or statutory non-renewal process.  Positions such as business manager, director of transportation, director of construction and facilities or director of maintenance do not require certification.   If there is a written employment contract, and the employee alleges the district violated the contract and meant him monetary harm, the employee can appeal to the commissioner pursuant to TEC § 7.107.

Probationary Contracts

            Probationary contracts are for those teachers who have never taught before or who have not been employed for two consecutive years subsequent to August 28, 1967. (TEC § 21.102.  The probationary period can be as long as 3 years except for experienced educators with previous employment in public school for 5 of the 8 preceding years.  The probationary teacher will serve under a 3 consecutive one-year probationary contracts.  Probationary periods can be for a semester when the school year falls in the middle of the year.  A probationary teacher can resign without penalty up to forty-five days before the first day of instruction.  If school starts in mid-August, the teacher must resign before July 1 or suffer sanctions imposed by the State Board of Educator Certification.  A probationary contract can be non-renewed by the board even if the superintendent recommended that it be renewed (Berry v. Kemp I.S.D.).

Term Contracts

            After the probationary period, the teacher must receive either a continuing or a term contract (Walsh, Kemerer & Maniotis, 2005).  The length of the contract and the process for renewal, nonrenewal, or termination determines which contract to offer.   A classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who holds a certification or a nurse may be offered a term contract.  A term contract has a beginning date and an end date and is any probationary Chapter 21 contract for a fixed term that can be as long as 5 school years.  As the end date approaches, some action must be taken.  The resignation date for a term employee is 45 days prior to the first day of instruction which is the same for probationary employees (Walsh, Kemerer & Maniotis, 2005).  A term teacher contract can be renewed by the school, non-renewed or terminated.  Termination refers to the action of the district to end the contract prior to its normal expiration date.  The teacher is deprived of property interest and good cause, thus due process is required. 

A non-renewal of contract refers to the school district letting the contract expire.  The employee is permitted to fulfill the terms of the contract and no new contract is offered.  If there is a multi-year contract, the district extends the contract each year or if the contract is not extended in the 2nd year, it is still valid for that year.  The contract is non-renewed.  A term contract teacher is entitled to a hearing prior to nonrenewal.  Once the teacher receives notice, a hearing can be scheduled within 15 days with the board or an independent hearing system that is closed to the public, unless the teacher requests an open hearing.  A term contract teacher can be suspended, but not beyond the school year, without pay for good cause as determined by the school board.  The teacher is entitled to request an independent hearing or the district can suspend the teacher with pay and non-renew the contract at the end of its term.  The district must give notice of a proposed non-renewal to the teacher 45 calendar days before the last day of instruction.  If the 45 days are not adhered to, the contract is automatically renewed.  Complaints of procedural irregularities in the appraisal process cannot be resurrected at the contract non-renewal process (Walsh, Kemerer & Maniotis, 2005).

When the superintendent contract is up for non-renewal, reasonable notice of the reason for the proposed non-renewal must be given before the 30th day of the last day of the contract term.   In contrast, the teacher term contract does not require reasonable notice of the reason for the proposed non-renewal.

Continuing Contracts

            A continuing contract is issued to a classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who was eligible for a continuing contract.  The contract rolls over form one year to the next year without the necessity of board action.  Non-renewal does not apply to continuing contracts.  A former administrator, who moves into a teaching position and teaches children, can be issued a continuing contract.  There is no specific length of time for continuing contract.  The contract remains in effect until the teacher resigns, retires, is terminated, or is returned to probationary status.   The continuing contract teacher can be terminated according to the independent hearing system, at any time for good cause (failure to meet the standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state) as determined by the board of trustees (TEC §21.156).   Instead of discharge, a school can suspend a continuing teacher contract with notice, entitlement to an independent hearing, and without pay for a period of time not to exceed the current school year.  The continuing teacher contract can return to a probationary status, provided the teacher consents to the move (Walsh, Kemerer & Maniotis, 2005).


Third-Party Independent Contracts

            Full vested educators in the Texas Teacher Retirement system (TRS) could retire, begin drawing benefits, and them go to work at a salary equivalent to or better than what they had been making.  School Boards could begin hiring teachers and not be burdened with having to treat them as employees.   The teachers would keep their benefits under TRS (Att’y Gen. Op. GA-0018, 2003).  If a school principal was dissatisfied with a teacher, he would call and ask for a different teacher.  The school district did not employ the teacher and there was no contract and no legal requirements to end the relationship.

The Hiring and Firing Process

            In 1992, the legislature created State Board for Educator Certification (SBEC), a 14 member board, as the key entity to oversee and regulate all aspects of the certification, continuing education, and standards of conduct of public school educators.   SBEC has power to adopt rules for out of state educators, certification, requirements for renewal of certificates, and disciplinary procedures for suspension and revoking a certificate as well as approval and continuing accountability of such programs (Walsh, Kemerer & Maniotis, 2005).  The board must annually review the accreditation status of each educator preparation program.  An advisory committee has to be appointed by SBEC for each class of educator certificates.  These rules must be submitted and reviewed by the State Board of Education and can be rejected by SBOE by a 2/3 vote.  A public school district can hire certified and licensed employees.  Certified employees are teachers, teacher interns, teacher trainees, librarians, educational aids, administrators, and counselors.  Licensed employees are audiologists, occupational therapists, physical therapists, physicians, nurses, school psychologists, associate school psychologists, social workers, and speech pathologists (Walsh, Kemerer & Maniotis, 2005).

            Texas public school districts are governed by the same laws that prohibit discrimination laws based on race, sex, religion, age, national origin, sexual harassment, and disabilities.  Nondiscrimination laws apply to all employees regardless of the contract and have implications for the hiring process.  Those involved in the hiring process need specific training (Walsh, Kemerer & Maniotis, 2005). 

            School districts are not required to advertise or post vacancies in their school.  Advertising is a choice the school makes so that they can defend themselves against discrimination.  The school board adopts policies regarding the employment and duties of personnel.  The superintendent has sole authority to make recommendations to the board regarding the selection of all personnel and must be in the loop in hiring people.  The principal does not hire staff, but must approve each teacher, reassignment, or staff appointment to the principal’s campus except for necessary teacher transfers due to enrollment shifts (11.202; Att’y Gen. Op. DM-27, 1991).  In this regard, the superintendent has final placement authority for a teacher.   SBEC must obtain criminal history on all certified educators.  Background checks are not required by each school district except on contracted bus drivers of transportation services.  If the bus driver has been convicted of a felony or misdemeanor involving moral turpitude, the bus drive may drive the bus only with the school’s permission.  If an applicant lies on an application about the felony or misdemeanor involving moral turpitude, the applicant must be terminated (TEC 22.085).  “Moral turpitude is a legal concept in the United States that refers to “conduct that is considered contrary to community standards of justice, honesty or good morals” (Moral turpitude, 2009).  If an applicant has a clean record when hired, and is convicted of an offense while working for the district, a report must be made within seven calendar days by the superintendent or chief executive (19 TAC 249.14)

Concluding Remarks

In conclusion, school districts employ many people and must comply with many federal and state mandates.  The relationship between employees in the public schools is determined by constitutional restrictions and statutory provisions in the Education Code and other legislation.  Regardless of the type of contract used by a school district, contract with teachers must be in writing.  Verbal commitments from school administrators may not be legally binding.  Terms of the contract must be approved by the school board.  According to Walsh, Kemerer & Maniotis (2008), the knowledge of the basics of the law should move from the central office to each campus.   The director of personnel for the district should be an expert and have full of the United States constitutional requirements of due process applied to the public employment relationship of school personnel in Texas.

 

 

References

Att’y Gen Op DM-27, 1991

Berry v Kemp I.S.D., Dkt. No. 103-R10-600 Comm’r Educ. 2001):  158-159

Burris v Willis I.S.D., 713 F.2d 1087 (5th Cir. 1983):  131, 236

Linder, D. (2009).  Exploring constitutional conflicts.  Retrieved November 1, 2009 from

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html

19 TAC 249.14

Russell v El Pas I.S.D., 539 F.2d 563 (5th Cir. 1976):  128

Siegert v Gilley, 500 U.S. 226 (1991):  131

TEC 21:201

TEC 7.107

TEC 21.102

TEC 11.202

TEC 22.085

The Letric Law (2009).  Moral turpitude.  Retrieved November 18, 2009 from

http://www.lectlaw.com/def/d080.htm

Walsh, J, Kemerer, F., & Maniotis, L. (2008).  The educator’s guide to Texas school law. 

6th ed.  University of Texas Press:  Austin, Texas.

Wisconsin v Constantineau, 400 U.S. 433 (1971):  130, 327

Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”

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13th, 14th and 15th Amendments to the United States Constitution

The Thirteenth Amendment:

The Thirteenth Amendment to the United States Constitution, from 1865, abolished and continues to prohibit slavery in the United States. The African-American received legal freedom, but nothing more. The true revolution for them was only after 1954. The congress did not propose any decision for equal rights for blacks and whites

The Fourteenth Amendment:

The Fourteenth Amendment is an example for a radical republican legislation. The first section formally defines citizenship and requires the states to provide civil rights.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The amendment includes a section that prevents the election of any person to the Congress who had held any of certain offices and then engaged in insurrection, rebellion, or treason. Another section confirmed that the United States would not pay “damages” for the loss of slaves, nor debts that had been incurred by the Confederacy. Most of the south states, except Tennessee,  rejected the amendment, and they paid dearly later.

The Fifteenth Amendment:

The Fifteenth Amendment provides that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude”.

This amendment was also intended against the south, that tried to prevent political rights from the blacks.

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