Is a probationary teacher entitled to terminate her employment if she takes time off from her duties due to her role as a volunteer with the US Army during the Vietnam War?

While courts must be vigilant in protecting employees from dismissals based on their participation in constitutionally protected activities, this protection does not extend to employees who legitimately are not reappointed. Mabey v. Reagan, 537 F.2d 1036, 1045 (9th Cir. 1976). The decision to terminate a probationary teacher's employment is based on many subjective factors, the application of which must be left, in the first instance, to the discretion of local school officials. Id. at 1044-45.