The legal ramifications of teacher insubordination: Precedents for teachers, administrators, and school boards

The purpose of this research was to examine state and federal cases related to teacher insubordination and determine the court's definition of insubordination that supported, defended, and upheld each individual court decision. This involved analyzing cases related to teacher insubordination from 1900 to 2006. Understanding the court's reasoning in determining each case is critical for possible trends and precedents that could be beneficial to teachers in understanding behavior that might warrant termination. Also, it is necessary that administrators and school board officials understand the importance of reasonableness in dealing with each employee in a professional manner so that the constitutional rights of each teacher and staff member are safeguarded. This will curtail unnecessary litigation and legal ramifications.;There were 125 cases reviewed by state and federal appellate courts that were briefed that pertained to teacher insubordination. According to the research, the court ruled most predominately in favor of the board. For example, 89 cases were ruled in favor of the board and 36 were ruled in favor of the teacher. Sixty cases dealt with the teacher or teacher's/principal's inability to follow board policy, direct orders, or directives from superiors. The court noted that the policy of the law vest in boards large powers in adopting rules and regulations for the government of the schools under their control. From this research, there were 34 principles developed that should be beneficial to administrators and school boards in determining whether their termination decisions are arbitrary or capricious and if the causes for termination are remediable.