Please read the information below. These experts were lifted from the
textbook.
- Respond to the discussion questions in the case study.
- Respond to at least two comments on your classmates' posts.
- Post a "What if" question on one of the two topics.
- Week 7 you will post your Principal Interview results for class discussion.
- Case Study is due by July 28th.
- We will meet the last night of class (July 30th) for research PowerPoint presentations.
Public school teachers do not relinquish their rights as a condition of accepting an employment position in the public schools. Although teachers are expected to be sensitive to the professional nature of their positions and have a regard for the integrity of the profession, they do enjoy cer-tain constitutional freedoms that must be respected by school authorities. Since teachers enter the profession with constitutional rights and freedoms, boards of education must establish a com-pelling reason to restrict these freedoms. In these instances, the burden rests with school author-ities to demonstrate that their actions are not arbitrary, capricious, or motivated by personal and political objectives. The courts, in addressing conflicts involving constitutional freedoms of teachers, attempt to balance the public interest of the school district against the personal rights of each individual employee. Thus, teachers are subject to reasonable restraints only if a legitimate, defensible rationale is established by the school district.
Teacher Freedoms
- Teachers and administrators do not lose their constitutional rights when they enter the educational profession. Within limits, they possess the same constitutional rights as do other citizens.
- School personnel should avoid personal attacks or libelous or slanderous statements when exercising freedom of expression rights or expressing concerns of interest to the community.
- School personnel should not knowingly report false information, when criticizing a district’s decision or actions.
- School officials may not penalize or otherwise discriminate against teachers for the proper execution of their First Amendment rights, especially regarding issues of public concern.
- Academic freedom is not a right. It is a judicially recognized academic interest for elementary and secondary teachers. Teachers should introduce material in the classroom that is appropriate and related to their assigned subject matter. The classroom should never be used as a forum to advance the teacher’s political or religious views.
- Teachers and administrators may associate with whomever they wish, as long as their association does not involve illegal activity or their behavior does not render them unfit to perform their job functions effectively.
- Dress, grooming, and appearance may be regulated by school boards if a compelling educational interest is demonstrated or if such codes are supported by community standards.
- Teachers and administrators are entitled to rights of privacy and cannot be legally penalized for private noncriminal acts.
- Pregnant unwed teachers may not be automatically dismissed unless there is a definite reason for doing so.
Teacher Rights— Unwed Teacher and Girlfriend Living Together
Tom Davis is a newly appointed principal in a small conservative community. He has just been assigned Mark Scott, a dynamic, energetic seventh- grade math teacher. Davis later learns that Scott and his girlfriend are living together. The principal is informed of this by a group of parents who are outraged that Scott is setting a poor example for young children. They are upset and are calling for action. Davis talks with Scott, who does not deny that he and his girlfriend are living together. He further informs Scott in a very professional manner that what he does in his private life is his business.
Discussion Questions
- Is Tom justified in approaching Mark on a personal and private matter? Why or why not?
- How does Davis handle this situation with Scott?
- Does the principal have a right to infringe on a teacher’s private life? Why or why not?
- Outline a plan to resolve this situation.
- Would the courts likely support your plan of resolution?
Teacher’s Freedom of Speech— Racial Content
Freddie Watts, principal, and Jimmy Brothers, assistant principal, are African American admin-istrators assigned to administer a predominantly black high school. Ann Griffin, a white tenured teacher, during a heated conversation with the two administrators stated that she “ hated all black folks.” When word of her statement leaked, it caused negative reactions among colleagues both black and white. The principal recommended dismissal based on concerns regarding her ability to treat students fairly and her judgment and competency as a teacher.
Discussion Questions
- Is Watts justified in his recommending Ann’s dismissal? Why or why not?
- Is the principal overreacting to Ann’s statement? Why or why not?
- Does Ann’s statement establish a basis for dismissal? Why or why not?
- Can Ann make the case that her statement was a private statement that does not give rise to serious disciplinary action? Why or why not?
- As principal, would you have made a similar recommendation for dismissal? Why or why not?
- How do you feel the court would rule in this case? Provide a rationale for your response.
Case Study 1
ReplyDelete1. I think it is okay if the principal approaches the teacher and lets the teacher know that parents are angry about his living coniditions. As long as he does not penalize the teacher then no laws have been broken. I sounds like this was a courtesy conversation on the principal's behalf. On the other hand, it really depends on how the principal brought up the conversation. It would be more professional to say "some parents are under the impression that you are living with your girlfriend and they are very upset. What do you think about this?"
2. I think Davis handled this exactly like he should have. The teacher deserves to know that parents are upset and complaining but cannot be penalized. It is not specific on how Davis brought this up though.
3. I think that a principal has to right to ask questions about someone's personal life if it is causing a disruption in the school with the understanding that the teacher does not have to answer the question. As long as the administrator does not penalize the teacher then they can ask questions.
4. I would do exactly what the principal did and then if a parent asks me about it I would tell them that what goes on in any of my teacher's private lives is private and therefore out of my hands. I would not be willing to break a law and lose my job to satisfy a few angry ignorant parents. If they are unhappy then they can find a new school. I would stick up for my teachers to the very end as long as they are in the right.
6. I doubt the court would even waste their time bothering with this. But if they did, they would rule in favor or the principal because he did not break any laws and never penalized the teacher.
What if: What if the teacher had a same sex partner and was living together and the majority of parents were causing such a scene that no learning could take place?
I feel that even if the partner is the same he has the same rights as someone living with a women.
DeleteI agree with Renee, the sex of the partner doesn't matter. The teacher is still entitled to his privacy. The parents would raise even more stink if the same sex couple was married. As Matt stated, if the parents don't like it, they can find a new school.
DeleteCase Study 2
ReplyDelete1. Yes, Watts was justified in dismissing the teacher because she violated teacher freedom #2 "School personnel should avoid personal attacks or libelous or slanderous statements when exercising freedom of expression rights or expressing concerns of interest to the community. " You cannot be openly racist in a minority school and expect to keep your job. If you cannot control your mouth around the administrators how can you control your mouth in front of a bunch of teenagers that sometimes have nothing better to do than test your patience?
2. No, the principal is not overreacting. The teacher clearly expressed her racist views and regardless of what color the administrators are, you cannot do that.
3.Yes, her statement deserves dismissal. As I previously stated, she violated teacher right #2. That was a personal attack based on race.
4. This is like asking if the first amendment means you can say ANYTHING you want and never get in trouble. There are always going to be exceptions to every rule. There are certain things you just cannot say because it is either a threat or racist. Private setting or not, that teacher messed up and does not deserve to teach there (or maybe anywhere).
5. As a white principal, I would have done the same thing. I don't care what color you are or I am, if you make racists remarks like that then you are not going to work in my school. No exceptions. Take me to court.
6. I think the court would rule in favor of the principal. Again, statement number 2 "School personnel should avoid personal attacks or libelous or slanderous statements when exercising freedom of expression rights or expressing concerns of interest to the community." If that teacher even took it to court, she would draw so much attention to herself that she would not be able to find a job anywhere else. Even if the court ruled in the teacher's favor, she would be made so uncomfortable by the community and staff that she wouldn't want to stay there.
I agree with you she is out she cant possible be a proper teacher. I would have thought she would be smart enough to leave the school since she does bot like blacks but she needs to be fired.
DeleteThat teacher would draw major negative attention to that district once word got out in the community. I agree with you, she would have a very difficult time finding a job teaching anywhere else. That slip of the tongue may have cost her, her career. She may need to explore other opportunities where African-Americans are not involved...good luck on that one!
DeleteTeacher Rights
ReplyDelete1. I believe that Tom Davis is justified in approaching Mark Scott on this matter because a group of outraged parents are spreading gossip about him and want him out. It's my opinion that Tom is simply giving Mark the heads up so that he is aware of things being said about him and how some parents feel about it.
2. Davis handles this situation by speaking with Scott to inform him of the parents concern. I'm sure this was an informative discussion versus a punitive talk. He informed him of his right to privacy and that he could associate with whomever as long as it doesn't involve illegal activity.
3. A principal does not have the right to infringe on a teacher's private life. Teachers and administrators are entitled to rights of privacy and cannot be legally penalized for private noncriminal acts. Teachers possess the same constitutional rights as do other citizens.
4. Resolution of this situation would be a meeting with those parents to address their concern, but more so to educate them of the rights of teachers. I would also share with that group of parents the levels of success and engagement Mr. Scott has brought to his math classes. What Mr. Scott does in his personal life is his business. Our business is making sure the students are getting the best education possible via great teachers. Mr. Scott is a dynamic teacher.
5. I believe the courts would support the resolution. The courts attempt to balance public interest of the school district against personal rights of each individual employee.
Hum... I didn't look at it that way. But I guess so maybe the principle is giving he teacher a heads up. But I really dont think the principle has the right or grounds to question the teacher because he is living with someone.
DeleteI agree with Latosha, I think this was more of a heads up talk to let the teacher know that the parents are upset. The principal even made it clear that what goes on in the teacher's personal life is his own business.
Delete1. Tom is not justified in approaching Mark on a personal and private matter. The teachers have a right to a personal life as long it's not illegal or he behavior is not consider unfit. I also think that at one time it was considered unfit for people to live together without being married until the early 2000 I suppose. But feel its OK now things have change thank God.
ReplyDelete2, I would think Davis should speak to the parents and explain that if Scott is living with someone it is not Illegal. That the teachers have rights also.
3.The principal does have a right to infringe on a teacher’s private life if the teacher is doing something illegal or immoral.
4. The plan I would have to resolved this situation is to first met with the superintendent to discuss the parents concerns. Second I would informed the superintendent of my concerns with the parent. I also would stress my concerns with the teacher rights. I would state what was in the lesson.
The teachers and administrators may associate with whomever they wish, as long as their association does not involve illegal activity or their behavior does not render them unfit to perform their job functions effectively. Teachers and administrators are entitled to rights of privacy and cannot be legally penalized for private noncriminal acts.
5. I feel the courts would support my plan of resolution.
What if:
What if a teacher is working part time at a strip bar as a bar tender he is not a stripper but a bar tender. I parent saw him and told other parents which leads to a big rumor that the teacher is a stripper and the parents want him fired what should the principle do?
1. I feel that Watts is justified in his recommending Ann’s dismissal. She is a racist. While a guess she has a right to her opinion the educator is a racist this is not acceptable plus its not hear say she stated it out of her mouth. So how can she works with students and not treat them badly.
2. I don't think that the principal is overreacting to Ann’s statement at all. She should have transferred to a different school where she can work with people that she feels is acceptable for her to educate. It is illegal to discriminate so he is justified to get ride of her.
3. Does Ann’s statement establish a basis for dismissal yes it does. It's illegal to discriminate I also feel her behavior does render her unfit to perform her job functions effectively.
4. I guess Ann can make the case that her statement was a private statement that does not give rise to serious disciplinary action. But it's not believable at all. She stated this with two administrators.
5. Yes I would have made he same recommendations as a principal. Because I would feel she cant do her job effectively she does not like blacks her students are black.
6. I feel the courts would rule in favor of the school, It's impossible for her to do her job. Base on he lesson as long as their behavior does not render them unfit to perform their job functions effectively. Teachers and administrators are entitled to the rights of privacy and cannot be legally penalized for private noncriminal acts. The teacher was discriminating so she should be dismissed.
Renee I agree with you. Everyone is entitled to their own opinions but your opinions don't justify you stating your hatred towards a group of people in a public setting. That was just plain stupid. Action needed to be taken immediately to make it known this type of behavior is unacceptable.
DeleteTeachers and administrators are entitled to rights of privacy and cannot
Deletebe legally penalized for private noncriminal acts. Bartending is not an illegal job. The principal should tell the parents that this teacher is not performing illegal acts and that she is entitled to her privacy.
Case Study 1
ReplyDeleteI don't think the principal was trying to invade on the teacher's privacy. I think he wanted to let him know that there were parents that were upset with his living condition. This was not punitive at all. However, I can see where you're coming from since the principal still asked about it.
What if: That's an awesome question. I guess the teacher would need to bring in his or her pay stub and hope it says bartender. Regardless, the teacher is not breaking any laws. It's awkward, but not illegal.
ReplyDeleteCase Study 2
ReplyDeleteI agree with you completely. Perhaps if she said this to only one administrator then maybe she could either deny it or claim it was a privacy issue. I think when there is a second person in the room that changes the privacy setting a bit. Plus you are less likely to get away with denying it if there is a second witness.
Teacher's Freedom of Speech
ReplyDelete1. Watts was totally justified for recommending Ann's dismissal. Ann right out made a slanderous and discriminatory comment about a group of students that she directly works with daily. While she does have freedom of expression, she cannot voice a personal attack with regards to the students she is responsible for educating.
2.Watts did not overreact at all, he did what was best for his students. That type of behavior from teachers or administrators cannot be tolerated. How can she have these thoughts and make them known in front of her principals, when the school has such a large African American population? First thing that comes to my mind is the safety and welfare of the students. She would not treat them fairly and would not be a competent teacher.
3. Yes, Ann's statement established a basis for dismissal because she made personal attack on a race of people and slanderous statements about students she was responsible for educating.
4. She can attempt to make a case, but I don't think it will go very far. The whole school is now aware of her genuine feelings towards all black folks and her colleagues did not appreciate it one bit. Statements of that magnitude create negative reactions throughout the school and community.
5. I would have made the same recommendation. I couldn't keep a teacher in my building that I know hates my students because of the color of their skin. It would be an injustice.
6. The court would rule in favor of the principal. That type of behavior cannot be tolerated in the schools. Discrimination of any kind is illegal and should be dealt with accordingly.
What If?
What if a veteran teacher was married and had no idea her husband was selling drugs. A tip led police to conduct a drug raid at her house and they found large amounts of marijuana hidden in the basement. Her husband was taken in and charged with possession and distribution. Could this endanger her career?
I guess if he takes the blame for everything and she is not charged then the school technically cannot fire her. However, her reuptation would be ruined and she might have trouble finding a new job if she tried to leave her district. If she stayed, she would have a negative reuptation.
DeleteGood one I believe it could endanger her career she would need to prove she didn't know. I am not sure how she would do that maybe her husband will say she didn't know but that's a hard one she has illegal drugs in her home.
ReplyDelete