Chapter 15

1. Chapter 15 Teacher Rights and Freedoms

2. Academic Freedom Students and teachers are guaranteed the right to learn and the right to teach by virtue of the First Amendment�s protection from suffering a �pall of orthodoxy� in the classroom. However, there is no case law to support elementary or secondary teachers� constitutional rights to academic freedom. The school district may control curriculum.

3. Speech rights of public employees In 1968,in Pickering v. Board of Education, the Supreme Court held that freedom of speech, while not absolute in all circumstances, is sufficiently strong to require that the state show a �compelling state interest� in order to overcome a teacher�s right to speak out on issues of public importance (my emphasis).

4. Speech rights of public employees Public officials are not required to allow public dissent by their subordinates. If, for example, a school superintendent were to publicly criticize the school board (or a member), the board could dismiss the superintendent if they felt that the speech undermined their credibility and ability to function.

5. Free speech in the classroom The courts have ruled that classrooms are not public forums (even government classes!) and teachers can be disciplined for criticizing the school administration during class sessions.

6. Mt. Healthy v. Doyle If a teacher�s contract is simply not renewed, no reason needs to be given for non-renewal. If a reason is given, it may be challenged on Constitutional grounds. If it is, evidence must show that the Constitutional issue was the motivating factor in non-renewal.

7. Connick v. Myers This case established a two part rule to identify protected speech and related activity. First, the speech must have addressed a �public concern�. Second, the interest of the employee in speaking out must be balanced against the �interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees�.

8. Givhan v. Western Line An employee�s right to privately express dissatisfaction or complain to a superior is protected speech.

9. Stroman v. Colleton Teachers lose their First Amendment protection of free speech if they encourage others in the organization to engage in activities that will undermine or impede efficient operation of the school.

10. East Hartford EA v. Board of Ed Teacher dress codes are constitutional. The �right� to wear certain clothing or jewelry as a public statement is not valid, and the courts have considered that teachers are in unique positions that allow them to be held to a higher standard of conduct (and with greater restrictions) than the general public.

11. Seemuller v. Fairfax If a teacher writes a letter to the editor, even if it�s done in satirically or in poor taste, it is protected speech as long as it addresses a public concern.

12. Privacy Although it isn�t specifically mentioned in the Constitution, the right to privacy has a longstanding, implicit presence in the Bill of Rights. The Ninth and Fourteenth Amendments are often used as a basis for privacy rights.

13. Search of Teacher Workplaces The courts have ruled that in �workplaces�, employees cannot expect privacy. Workplaces are defined as those areas and items that are related to work and are generally within the employer�s control�hallways, cafeteria, offices, desks, file cabinets, and other areas (e.g. work-supplied computers).

14. Protected areas Teacher�s briefcases, closed luggage, handbags, and other personal items are generally considered private. Furthermore, in searching the public areas of the workplace, employers must adhere to the standard of reasonableness that is applied with students.

15. Daury v. Smith Employers may require an employee to see a psychiatrist if behavior warrants it.

16. Knox County EA v. Knox BOE Because of the importance of their roles in the care and custody of children, teachers may be subject to suspicionless drug testing. Again, reasonableness must prevail!

17. Cooper v. Eugene School District Teachers have no right to wear religious garb to school. Items such as headgear and clerical collars may not be worn if there is a law prohibiting them. Teachers who disobey the law may have their certificates revoked.