Justices Decline Case on Teacher's Grievance [View All]

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The U.S. Supreme Court today declined to hear the appeal of a New York City teacher who claims he was retaliated against and ultimately fired for his complaints about administrators' alleged failure to discipline students who threw books at him in class.

Lawyers for the teacher, David H. Weintraub, said the case would be a good vehicle for resolving a question regarding the First Amendment free speech rights of teachers. But the court declined without comment to hear the appeal in Weintraub v. Board of Education of New York City (Case No. 10-202). Justice Sonia Sotomayor recused herself from the case for undisclosed reasons.

According to court papers, Weintraub was a new 5th grade teacher at Public School 274 in Brooklyn in 1998 when a student threw a book at him. The teacher sent the student to the assistant principal, who returned the student to class without discipline. The next day, the student threw several more books at Weintraub, and the assistant principal again returned him to class without discipline.

After Weintraub filed a grievance with his teachers' union, his suit says he was subject to a campaign of retaliation from the assistant principal and others and was ultimately terminated. He sued the school district and various officials, claiming, among other things, that his discipline and termination based on his grievance violated his First Amendment right to speak on matters of public concern.

more . .. http://blogs.edweek.org/edweek/school_law/2010/10/justices_decline_case_on_teach.html