1. include a reflection on the case

2. analysis of the relevant legal and ethical considerations

3. recommendation for how to proceed as if serving as the administrator in charge.

4. identifying the key issues and legal principles involved.

5. how to address the situation

6. reflecting on the implications for school and employment law in Kentucky

7. Reference at least two specific cases or legal precedents to support your recommendation.

Teacher's RightCase Study #1

Assistant Superintendent Danni Skyy was dreading her upcoming testimony in the case of former Rivendell Elementary teacher Johnna Long.

Two years earlier, Rivendell Elementary principal Bill Sears had requested an additional special education teacher to address the growing number of students with Individualized Education Programs (IEPs) at his school. Johnna Long applied for the position and appeared to be an ideal fit for Bill and the Rivendell staff. She quickly earned a reputation as a strong advocate for special needs students at Rivendell. However, Johnna also began openly voicing her complaints about Bill's leadership, the lack of clear objectives in IEPs, safety concerns for IEP students, and the inadequacy of facilities for those students. She shared her grievances widely, including with parents.

Bill Sears had spent years cultivating a culture of cooperation and collaborative decision-making at Rivendell. In response to Johnna's concerns, he assessed the school's facilities for safety issues, reviewed the campus safety plan, and evaluated the specific safety needs of special needs students. He also sought input from the district's special education director, implemented her suggestions, and communicated his findings and decisions to the staff. Additionally, he sent a letter to parents explaining the changes he was making. Despite these efforts, Johnna remained dissatisfied.

During the last week of school, Johnna presented Bill with a revised facilities plan that included room reassignments to better accommodate special needs students, changes to several teachers' room assignments, and a revised lunch schedule. She claimed that several teachers had been involved in creating the plan and that most of the staff supported it. However, Bill was unaware of these discussions and informed Johnna that he would not implement such changes so late in the school year.

Johnna was unhappy with Bill's response. At the end of her first year at Rivendell, she sent a 10-page letter to Assistant Superintendent Danni Skyy, outlining her concerns and criticizing Bill Sears. Despite her actions, Johnna received a satisfactory evaluation for her first year, and Bill recommended rehiring her on a second-year limited contract.

During her second year, however, Bill began referring to Johnna as a "real pain" and became increasingly critical of her teaching performance. At the end of that year, both Bill Sears and Danni Skyy recommended that Johnna's probationary contract not be renewed for the following school year.

In response, Johnna contacted the KEA (Kentucky Education Association) and its attorney, alleging retaliation by Bill Sears and Danni Skyy for her advocacy on behalf of special needs students. The KEA attorney claimed that Bill and the district had violated Johnna's First Amendment rights and unlawfully retaliated against her for engaging in protected speech.

Now, Danni Skyy was left wondering just how much of Johnna's allegations were true.