Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
There is no individualized determination by the teacher's doctor -- or the school board's -- as to any particular teacher's ability to continue at her job. The rules contain an irrebuttable presumption of physical incompetency, and that presumption applies even when the medical evidence as to the individual woman's physical status might be wholly to the contrary. (Skotzko 65).
The Court did not say what it considered an appropriate time to take leave. It instead alluded to the fact that the woman, herself, with the advice and certification of her physician, should decide when to leave and when to resume work. The Court also did not indicate whether this ruling shoud apply to private institutions. Thus, such determinations must be made on a case-by-case basis.
The one dissenting Justice Rehnquist, along with the Chief Justice, viewed the majority decision in terms of philosophical controversy over the validity of presumptions as bases of lawmaking. In his opinion, Justice Stewart "enlists the Court in another quixotic engagement in his apparently unending war on irrebuttable presumptions" (Skotzko 66-67). In other words, it was Rehnquist's consise message that a law will remedy some problems equally well for all to whom it may apply must be the basis of modern legislation. There was a time in pre-Parliament...
Most students of government consider the shift from this sort of determination...to a relatively uniform body of rules enancted by a body exercising legislative authority, to have been a significant move forward in the acheivement of a civilized political society."
Rehnquist concluded that "the Court will have to strain valiantly in order to avoid having today's opinion lend to the invalidation of mandatory retirement statutes for government employees" and "The Court's disenchantment with 'irrefutable presumptions'and its preference for 'individualized determination,' is in the last analysis nothing less than an attack upon the very notion of lawmaking itself" ((Skotzko 67).
The court concluded that the rules passed by the Boards of Education were arbitrary and unduly punitive against female teachers who choose to have children. As a result of this case, each teacher in the present-day U.S. school system, therefore determines when it is appropriate to begin her maternity leave in conjunction with both the institution's administrators and medical professionals.
References
Skotzko, Eugene. "Significant decisions in labor cases." Monthly Labor Review. April 1974. 97, pp. 65-67.
The second student being admitted is an English language learner. It was determined that he would require special assistance, and one of the bilingual teachers at the school offered to spend three hours per week tutoring the student in English. Dietary issues were raised, as the school cafeteria has been under scrutiny by some of the local parents. Parents have been expressing concern about their children's lunch choices at the
While a relative handful in number, the attention given to these districts has caused some to conclude that the nation's 14,350 school boards overall might not be needed or equipped to provide a 21st-century education. School boards, like an old car past its prime, need attention and that the status quo will not suffice for those who want improved student outcomes. Teachers, especially in connection with collective bargaining, have assumed many of
evolution of perception of the role of school members over the past 2 centuries or so and how the analyses of these perceptions also changed over time. This discussion is followed by an examination of the antecedents of tension for school board members in general and for rural schools board members in particular in the United States and how these tensions have been described and reported in the relevant
The fact is that the Oakland Ebonics controversy revealed that there remains a subculture in America whose ideas are unheard. There remains a segment of American society that refuses to adopt the mainstream method of communication and, instead, chooses to adopt an alternative form. These individuals do not necessarily equate success with the adoption of middle class values and the middle class style of life. For these individuals the ability
Findlaw.com). Raney v. Board of Education., U.S. 443 (1968) -- The Gould Arkansas School District which, at the time, had about 60% African-Americans and no racial segregation, maintained two combination elementary and high schools located about ten blocks apart. In order to remain eligible for Federal funding, the school adopted a "freedom of choice" plan in which students were annually required to choose a school. No White students opted for the
School Finance Aguilar v Felton EDUCATION AND RELIGION The Aguilar et al. v Felton et al. Case of 1985 Title I of the Elementary and Secondary Education Act of 1965 allowed for the reimbursement of the salaries of public employees teaching in parochial schools (LII, 2012). These selected teachers provided instruction to low-income children with special needs. A group of taxpayers filed a case, claiming that the program created an excessive entanglement of