Labor & Employment Law

Public School Teacher Has The Right To Send Her Child To Private School

Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved

Barrow v. Greenville Independent School Dist., ___F.3d____ (5th Cir. 2007), pet. for cert filed, is an important case to be aware of. Download 0610123.0.wpd[1].pdf Remarkably, a public school district refused to consider a teacher for a promotion to an Assistant Principle unless she moved her child from a religious school to a public school. Applying strict scrutiny, the teacher prevailed. The court reasoned in part:

Even if we agree with Smith, however, that Yoder represents the only possible basis for a heightened level of scrutiny in cases dealing with state interference of parental rights, it remains the school district?s burden to show that Barrow?s decision to send her children to private school had a materially adverse effect on the public school district. This is so because Barrow I renders that the law of the case.

This is a lengthy decision and it is also procedurally complex as the case had been up on appeal before. To get the full flavor of the importance of this decision, it is necessary to read all of the decisions in this litigation.

Professor Rick Hills over at PrawfsBlawg predicts that the cert petition will be denied. I tend to agree. My reasoning however, is because the issue does not appear to be close and the court decision appears correct.

Mitchell H. Rubinstein

Hat Tip: PrawfsBlawg

Full post as published by New York Public Personnel Law on May 23, 2008 (boomark / email).