This situation appears to have persisted for at least three years and the principal responded by encouraging the School Board’s dismissal of the teacher. An appeal to the State Secretary by the teacher was unsuccessful.
According to Virginia Code SS 23-38 118, Miscellaneous Personnel Matters, the teacher’s tenure, promotions appointments are entirely up to the school. (Virginia Code ss 23-38, 118) In other words, the institution in which the educator is employed can determined for itself if the teacher is up “merit and fitness”. (Virginia Code ss 23-38, 118)
Moreover, the teacher does not have a constitutionally protected right to employment as a teacher in the elementary school from which he was dismissed. In order to successfully appeal the decision or to take it to court the teacher is required under the Virginia State Code, to prove that the decision to dismiss him originated from an error, or that the discretion exercised by the principal and the authoritative bodies that supported the principal’s decision was an abuse of discretion, or that a civil right was contravened.
Assuming that the only complained of was the right to teach, the elementary school teacher will fail on that ground since there is no constitutionally protected right to teach in a particular school. As for the finding of error, the teacher will have a difficult time substantiating this claim since the principal and assistant principal both observed the teacher ignoring the school’s curriculum. Moreover, the teacher was accused of making inappropriate comments to his pupils and when confronted he did not deny making them. It was therefore incumbent upon the principle to take some action, particularly if the comments continued. It is also highly unlikely that the teacher will be able to substantiate a claim that the principle of the school authorities abused their