School Law ISBN: 9780133905427 Instructions: Provide your supported responses to

Question

School Law ISBN: 9780133905427

Instructions: Provide your supported responses to the following test items.

Jack Smith is a non-tenured teacher in a fairly progressive district. Because he expects to be married soon, he takes a part-time evening job to supplement his salary. Jack’s principal has requested that Jack supervise a student club that meets 2 times a week after school. This will conflict with Jack’s part-time job. Jack does not want to cause trouble, but he really needs the part-time job.

1. What is Jack’s obligation to supervise a student club?

2. Does the principal have the right to infringe on Jack’s personal time?

3. Does Jack have a right to refuse to supervise the club?

4. Can action be taken against Jack if he refuses? Why or Why not?

5. How would the courts view this issue if the principal were to recommend non-renewal based on Jack’s unwillingness to supervise the student club? Provide a rationale to support your response.

Explanation / Answer

1. As Jack is a non-tenured teacher, so he cannot be forced to take extra classes after the school hours. Jack's obligation to supervise the student club has to be managed within the school hours. As a teacher, he can be assigned another responsibility related to academics.

2. No, the principal cannot infringe on Jack's personal time i.e. after or before the school hours. The principal cannot invade the personal time of any student or professor. This is against the code of conduct of the teacher's contract.

3. Yes, Jack has the full right to refuse to supervise the club. No one can force Jack to give extra hours.

4. No, action cannot be taken against Jack as he is doing his duty and responsibility in the school hours. After school hours it is illegal to invade his privacy and for the extra task, he is not paid extra. He is not obliged to take the responsibility.

5. The court will support Jack's freedom even after principal were to recommend non-renewal based on Jack's unwillingness to supervise the student club after school hours. As it is not the negligence towards students rather it is the freedom against exploitation.

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