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.
