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• W270465225 abstract "IN 1995-96 Donna Cockrel was a fifth-grade teacher in Shelby County, Kentucky, which is a bedroom community of Louisville. With 12 years of experience, she was tenured. On 30 May 1996, she presented to her class a curricular segment on industrial hemp as part of an end-of-year project on Saving the Trees. The lesson was highlighted by guest visits from actor Woody Harrelson and his hosts, farmers who were active in the Kentucky Hemp Growers Association. The event drew attention from numerous local and national news organizations, including CNN. On 3 September 1996, the superintendent formally reprimanded Cockrel regarding Harrelson's visit to her classroom. On 16 March 1997, the principal provided Cockrel with a summative evaluation report that stated that she did not meet the school district's standards in several areas. She appealed the unsatisfactory ratings to the district's evaluation appeals panel,1 which affirmed the principal's judgment on 29 April 1997. On 15 July 1997, the school board sent Cockrel a notice of termination based on insubordination, conduct unbecoming a teacher, inefficiency, incompetence, and neglect of duty. The board supported its charges with 17 alleged instances of such conduct, of which four related to the Harrelson visit. As authorized under state law, Cockrel promptly requested a hearing before the board. However, she withdrew this request prior to the scheduled hearing date. As a result, the decision became final retroactively as of the 15 July 1997 notice. On 22 October 1997, Cockrel again challenged the principal's report, this time turning to the state evaluation appeals panel, which is a subcommittee of the state board of education. The panel denied her appeal as untimely; state regulations require filing an appeal within 30 days of the decision of the local evaluation appeals panel, whereas she had waited almost six months to file. On 13 April 1998, she filed suit in the Shelby County Circuit Court against the superintendent and the board of education. In this complaint, she alleged violations of statutory due process in the evaluation and its appeal process. On 4 June 1998, she separately filed suit in federal court, claiming that the school board had retaliated against her by unlawfully terminating her employment in violation of First Amendment freedom of speech and in breach of her contract. Meanwhile, as required by state law, the superintendent reported the charges in support of Cockrel's termination to the Kentucky Education Professional Standards Board. After a delay of more than a year, the board moved forward to take away Cockrel's teaching certificate. On 11 March 1999, per a negotiated settlement order, Cockrel and the board agreed to a suspension of her certificate until 30 June 2001. On 28 January 2000, federal district judge Joseph Hood issued his decision, ruling in favor of the school board on Cockrel's First Amendment claim.2 First, the judge partially rejected the school district's argument that federal courts should abstain from exercising jurisdiction in a matter pending in state court. Judge Hood explained that the abstention doctrine is the exception rather than the rule and does not apply to federal claims that are clearly separable from state claims. He found that, in this case, Cockrel's First Amendment claim was separable and distinguishable from her state law claims. As a result, while granting the district's motion as to the due process and breach of contract claims, because they were inextricably intertwined with Kentucky law, he denied the motion with regard to the First Amendment claim. Second, Judge Hood also denied the defendant's 11th Amendment immunity defense. This constitutional immunity from liability in federal court, the judge explained, applies only to state agencies that act as arms of the state, and previous cases had established that in Kentucky - as in most states - school districts are not arms of the state. …" @default.
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• W270465225 date "2000-09-01" @default.
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• W270465225 title "Courtside - Moral Fiber?" @default.
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