TEACHER RIGHTS AND FREEDOMS

Chaos, panic, & disorder - my work here is done.

D.  No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof.  No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office.  In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court (RS 42:63)

Freedom of Speech For speech of a school teacher to be

Constitutionally protected it must: Address a matter of “public concern” “The Pickering Balance – see page 207 in La Morte.

A principal’s may not be protected where a teacher’s may, because the principal is considered to be part of the policy making body.

A teacher may not use a “freedom of speech” issue to cloud a dismissal case which otherwise would have been based upon overall performance.

Freedom of Speech and Academic Freedom can be closely related topics in the school setting.

In Fowler v Board of Education of Lincoln County (819 F.2d. 657) showing a movie (to kill time on records day) was not protected free speech nor was it academic freedom since she did not make it a part of a planned lesson.

Refusal to salute the flag was not considered a basis for dismissal—the teacher stood silently, but did not participate. (Russo v. Central School District No. 1, 469 F. 2d. 623, 1972)

A teacher who refused to follow a part of the curriculum, based on religious objections as a Jehovah’s Witness, was fired and it was upheld. (Palmer v. Board of Education of the City of Chicago, 603 F.2d 1271, 1979)

Teachers cannot use freedom of speech and academic freedom to justify the use of vulgarity in student work when it in contradiction with district policy and practice regarding to student language.

The selection of a very controversial play was not considered freedom of speech since the selection of a play did not rise to the level of “public concern”.

Wilson v. Chancellor418 F. Supp. 1358U. S. Federal District Court of Oregon (1976)

What are the particulars of this case? What did the judge decide? Would the circumstances be handled

differently or the case decided differently in a different part of the country?

Would the circumstances be handled differently or the case decided differently today? (30 years later)

TEACHER DRESS AND GROOMING To what extent can the board control

teacher dress and grooming? To what extent, if any, is teacher dress or

grooming considered protected speech? To what extent, if any, is teacher dress or

grooming considered protected religious expression?

To what extent acceptable teacher dress or grooming a matter of geography?

UNITED STATES v. BOARD OF EDUCATION FOR THE SCHOOL DISTRICT OF PHILADELPHIA

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

In this case the United States uses Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., to advance what would more commonly be a free exercise clause challenge (1) to refusal of the defendant Board of Education for the School District of Philadelphia ("Board") to allow a public school teacher to wear religious attire in the course of her duties, and (2) to the Commonwealth of Pennsylvania's "Garb Statute,"

Third Circuit rejected a Title VII religious discrimination claim against a school board for prohibiting a Muslim substitute teacher from wearing her religious clothing.*

*http://www.firstamendmentschools.org/freedoms/faq.aspx?id=13027

The Oregon Supreme Court rejected a free exercise challenge -- under the First Amendment and a provision of the state constitution -- to an Oregon statute prohibiting teachers from wearing religious clothing.

The teacher, who was an adherent to the Sikh religion, argued against the constitutionality of a state law that provided: "No teacher in any public school shall wear any religious dress while engaged in the performance of duties as a teacher."

The Oregon high court upheld the statute, writing that "the aim of maintaining the religious neutrality of the public schools furthers a constitutional obligation beyond an ordinary policy preference for the legislature.“

Cooper v. Eugene Sch. Dist. No. 41, 301 Ore. 358 (1986), app. dismissed, 480 U.S. 942 (1987).

Homosexual Teachers

Gaylord, 1977 teacher was dismissed when it became public knowledge that he was a homosexual. Dismissal upheld.

Early cases were not favorable to homosexuals. In Schroeder (2002) the 7th Circuit said that

homosexuals were not heightened constitutional protections (such as afforded some minorities)

Racial Discrimination Title VII of the Civil Rights Act of 1964 applies to

both private and public employment. Testing (such as Praxis or state exams as in

Texas) has been upheld as a valid screening process, even in the light of high minority failure rates.

Racial Discrimination has been and can be real, however, it can be used as smoke screen to attempt to cover other valid reasons.

Thus, as an administrator, you must be meticulous in documentation of all actions.

Secondly, do not embellish a case by adding to it at a later date. Stay with what you have objective, factual evidence to support.

Gender Discrimination Marshall v. Kirkland Title IX, Education Amendments of 1972

In Bell (1984) the Supremes said it only applied to those parts of institutions that received federal aid directly.

Civil Rights Restoration Act of 1988 made it clear that if one part of the institution received federal aid, Title IX applies to the entire institution.

Title VII prohibits unequal treatment and thus has been interpreted to apply to sexual harassment (more to come on this later).

Rules for using up sick leave to get maternity leave must be consistent with rules for using sick leave for any other disability.

Religious Discrimination Public school teachers are not allowed to

“wear their religion” in that their clothing must not advertise it.

Under Title VII a federal appellate court struck down a requirement of a religious school for teachers to be of that religion.

Age Discrimination Age Discrimination and Employment Act of

1967 (ADEA) and its amendments limit age discrimination

Age related questions must have demonstrative reasons.

The Kimel case in Florida established, in a complex ruling, that ADEA does not apply to states and state educational institutions.

If a state has a mandatory retirement age, teaching past that must be a year to year contract.

Collective Bargaining State laws determine the legalities of collective

bargaining and strikes by teacher. Louisiana has an “open shop” law which means

that one cannot be forced to join a union as condition of employment.

“agency shops” also called “closed shops” allow that union membership may be a condition of employment.

However, non-consenting employees are only required to pay based upon actual cost of union activities on their behalf. They cannot be charged for national dues and political activities.

Phrases you wish you could use at School Ahhh...I see the screw-up fairy has visited us again. I'll try being nicer if you'll try being smarter It sounds like English, but I can't understand a word

you're saying. Sarcasm is just one more service we offer. I'm already visualizing the duct tape over your mouth. Any connection between your reality and mine is

purely coincidental What am I? Flypaper for freaks!? I'm not being rude. You're just insignificant. I'm trying to imagine you with a personality.