Question

Under a state aid-to-education statute, one private school receives: (i) free textbooks from the state, (ii) an exemption from state taxes, and (iii) 20% of its operating budget in the form of state grants. The remaining 80% of the school's budget is covered by tuition fees and by donations from alumni and others. The school is licensed by the state, but the state has no requirement for certification and licensure of teachers in private schools. A teacher was hired and given the school's standard three-year contract. In the fall term of his second year, the teacher gave a lecture to his students criticizing the school's use of school uniforms and encouraging the students to organize a protest against the uniform policy. After the speech, the teacher was called to the administrative office by the headmaster and fired on the spot, despite the teacher's protests that he had almost two years left on his contract. The teacher requested a hearing and was told to leave the premises of the school immediately. The teacher files suit in federal district court, alleging that his constitutional rights have been violated. Is the teacher likely to succeed

Answer 1

No, The teacher will not likely succeed.

State aid-to-education statute

The teacher's will not likely succeed due to the absence of constitutional violation here, based on the fact that there was no any state action.

Hence, since the school  was given the license to operate by the state and the receipt of state funds do not as well constitute state involvement as regards to its personnel matters or issues the teacher may not establish that the school exercised any  state action.

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