Certificate Of Relief From Civil Disabilities

 

William Allan Kritsonis, PhD
Professor

 

Public Law School and Educational Policies & Laws

EMPLOYMENT

INTRODUCTION

When we talk about employment, we find that the public school system is the largest employer in the State of Texas. The scope of the employment relationship shall examine the constitutional concept of due process, the terms of employment that are available in different public schools in Texas, hiring and firing process and legal issues that arise in this context (Walsh, Kemerer, and Maniotis, 2005).

For purposes of this report, we present ten cases regarding conditions of employment in various public schools. The results are intended to be informative and beneficial in terms of "employees at will," "non-Chapter 21 contracts," contracts "internship", "fixed-term contracts," "continuing contracts" and "third party independent contractor. "

A case

United States Court of Appeals,

Fifth Circuit.

Mount Emilio, et al. Plaintiffs-Appellants,

v.

ANTONIO SOUTH DISTRICT independent school, the defendant-Respondent

No. 87-5501

LITIGANTS

The plaintiffs-appellants: Emilio Montez, et al. al

Defendant-Respondent: South San Antonio Independent School District

BACKGROUND

In 1979 Mount has been hired to teach in the Junior Reserve Officer Training Corps program. Mount has never been certified as a teacher by the competent authorities of the State of Texas. His first job was validated October 15, 1979, when the Texas Education Agency has issued an emergency teaching permit. The permit expired August 31, 1980 and has never been reissued. Mount continued to work until September 1985 when he was notified of early termination of his employment. After two hearings before the authorities of the school district, was released Come the end of the 1985-86 school year.

FACTS

Emilio Mount appeals from a summary dismissal of his claims under the Fifth and Fourteenth Amendments and 42 USC 1983 series. He alleged wrongful termination by the ISD SAN ANTONIO his job as an instructor in the JROTC program. The district court found no genuine issue of material fact and concluded that Mount had not been deprived of due process refers to a property right claimed.

The United States District Court for the Western District of Texas, San Antonio, HF Garcia, J., delivered a summary trial cons instructor. Instructor appeal.

DECISION

To establish a due process deprivation of property rights under the Fourteenth Amendment, the plaintiff must establish that he had "legitimate right of the right" to that interest. Montez was hired to teach in the JROTC program was employed on "contracts to continue" after teaching emergency expired.

When he was later acquitted by the school district, it was determined he was not "Professor" for the Texas law of occupation "granted" teachers "legitimate claim of right and protection under the Due Process Clause of the Fourteenth Amendment. The instructor never needed a permanent teaching certificate, and any contract to provide more instructor who allowed by Texas law was beyond the power of the school district and could not give property interes.