Ch 8 Teacher Freedoms Presented by Catherine Hardison

Ch. 8 Teacher Freedoms Presented by Catherine Hardison, JD, Ph. D Associate Dean, Online and Graduate Programs And Charles Wheaton, Ph. D Online Curriculum Specialist and Faculty Trainer Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 1

Introduction-Teacher Freedoms Z Just as students do not, teachers do not lose their constitutional rights when accept employment in a public school, BUT Z Must be sensitive to and have regard for the integrity of the profession Z School boards must have a compelling reason to restrict teacher rights, cannot be arbitrary, capricious, or motivated by personal or political objectives Z POST THE ANSWER (in CHAT): What is one example when a school board can restrict a teacher’s rights & why do you think it can? Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 2

Teacher Freedoms, Substantial and Procedural Considerations Z 14 th Amendment: “no state shall. . . Deprive any person of life, liberty, or property without due process of law” Z Substantive due process means? Z Deals with teacher individual or personal rights Z When can the rights be limited? Z Procedural due process means? Z Requires certain legal procedures be followed Z Ensures fundamental fairness and avoids the arbitrary and capricious claims Both very important in teacher dismissal process Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 3

More on Substantive Due Process Z Teacher’s rights restricted? Z Must demonstrate a valid reason to justify restriction Z Means employed to deny rights must be reasonably calculated to prevent harm Z Burden on school district to justify restriction Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 4

More on Procedural Due Process (NOT) Z Must be given proper Notice will be deprived of personal rights Z Must be given an Opportunity to be heard Z Hearing must be conducted in a fair manner (Unbiased Tribunal) Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 5

Freedom of Expression Z So long as speech does not create a material disruption to the educational interests of the school district Z Examples? Interference with privacy interests of students (sharing personal info with others) Z Lower when speaking about personal matters rather than those of interest to the community Z District likely wins when speech undermines authority and adversely affects working relationships Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 6

Speech Outside the School Environment Z Can speak on issues of personal concern even if speech is not acceptable to school officials Z No longer a unlimited right to freedom of expression (public employment a privilege) Z BEST PRACTICE: Preface remarks by indicating speaking as a private citizen, not as a school employee Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 7

Speech Outside the School Environment Z Famous case: Pickering v Board of Education (1968). Z “ Absent proof of false statements knowingly or recklessly made by him, a teacher’s exercise of his rights to speak on an issue of public importance may not furnish the basis for his dismissal from public employment. ” Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 8

Speech Outside the School Environment Z Gilbertson v Mc. Alister case (Conn, 1975) Z Case has guidelines to follow, look to what is: Z Impact on harmony, personal loyalty, and confidence among co-workers Z Degree of falsity of statements Z Place where speech or disturbance took place Z Impact on staff and students Z Degree to which teacher’s conduct lacked professionalism Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 9

Speech Outside the School Environment Z Tomkins v. Vickers (5 th 1994) Z Teacher wrote an editorial, spoke out in public forums, sent letter of no confidence to the supt, all criticizing supt Z Facts: Z Art teacher criticized supt for eliminating an art program at the historically African American junior high while retaining the same program at the historically white junior high Z Supt claimed no teachers could be found Z Teacher found teachers willing to teach eliminated program Z Supt demoted teacher to teach at African-Amer school Z Teacher filed suit, freedom of expression is protected Z Teacher won Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 10

Speech Outside the School Environment Z Mt. Healthy SD v Doyle Z Non-tenured teacher Z Involved in several altercations (staff & students) Z Obscene gestures to female students, phoned in memo to radio from prin to the teacher Z Board recommended not rehiring teacher Z Court found speech was protected, but could NOT be used by the teacher to block employer from assessing entire record of performance Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 11

Academic Freedom Z Huge issue, especially for 6 -12 teachers Z Different at K-12 level than higher educ Z Limited concept Z Yes, classroom is marketplace of ideas Z Yes, teachers should be allowed to give students freedom of inquiry, research, and discussion of various ideas and issues, BUT Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 12

Academic Freedom Z Must be sure subject matter matches the students’ intellectual and social maturity levels Z Subject matter introduced for class discussion must Z Be related to and consistent with teacher’s certification and teaching assignment. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 13

Academic Freedom Z In the Fowler case, the teacher asked by students to allow them to view Pink Floyd’s movie, The Wall, while she graded papers on the last day of school Z Teacher asked students if film was appropriate, one assured her only one part was bad. Z She told student to edit the part. Student tried to edit part by covering a 25 inch screen with a 8 1/2 by 11 inch file folder (don’t ask me how) Z Film contained nudity and violence Z Teacher stated she would show an edited version again Z Teacher was fired, appealed-freedom of expression Z Result? (See page 222 -223) Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 14

Academic Freedom Z Board fired her for Z Insubordination Z Conduct unbecoming of a teacher Z Teacher’s firing upheld even though: Z Entitled to First Amendment protection Z Motion picture is a form of expression Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 15

Academic Freedom Z BEST PRACTICE Z Leave any religious references out of the classroom (unless part of approved curriculum) Z Do not use the classroom for promotion of a political or personal agenda Z Leave offensive, obscene language out of the classroom Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 16

How much freedom? ZWho is this man? Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 17

How much freedom? Z Teacher arrested showing bomb tips, police say. He and students made, tested devices Z The Associated Press Updated: 3: 51 p. m. ET Feb. 17, 2005 Z ORLANDO, Fla. - A high school chemistry teacher was arrested after students claimed he taught his class how to make a bomb, authorities said. Z David Pieski, 42, used an overhead projector in class to give instructions in making explosives to students at Freedom High School, including advising them to use an electric detonator to stay clear from the blast, an Orange County sheriff’s arrest report said. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 18

How much freedom? Z In Pieski’s classroom in Orlando, authorities found a book labeled “Demo, ” which includes the chemical breakdown for a powerful explosive, the arrest report said. Z One student said he set off an explosive device at a golf course on Jan. 6 and videotaped it, the arrest warrant said. The videotape shows an explosion, and the voice of a young man can be heard shouting, authorities said. Z Pieski was charged with possessing or discharging a destructive device and culpable negligence. Pieski, who was booked into the Orange County Jail on Monday, released on $1, 000 bail, declined to comment. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 19

How much freedom? Z School Supt Judy Cunningham said Pieski was reassigned to a desk job after he was interviewed by authorities. DO YOU AGREE WITH THIS DECISION? Why or why not? Z Pieski told investigators he detonated chemicals in a coffee can by a ball field four times for his students. He said he did this as a chemistry project to show a reaction rate, the arrest report said. Z “Pieski admitted to me that he observed (the student’s) video and approved of his successful results, ” the arresting officer said in the warrant. “Pieski disagreed with the project being an explosion. ” Z EXTRA CREDIT: E-mail me the answer: What has happened in this case? Is Pieski still employed, did he lost his certification? So far—no one has found the answer Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 20

How much Freedom? ZEXTRA CREDIT: E-mail me the answer: What has happened in this case? Is Pieski still employed, did he lose his certification? So far—no one has found the answer. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 21

Freedom of Association Z First amendment right to assemble (freedom of association included in right) Z Must be aware of importance of role as public employees Z USSC in Ambach v Norwick (1979) stated “A teacher serves as a role model for his students, exerting a subtle but important influence over their perceptions and values” Z However, Trend is to allow more freedom for teachers Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 22

Membership in Subversive Organizations. Z Mere membership in subversive organizations is not sufficient in itself Z Must show that actually participated in an illegal activity or intended to achieve an unlawful objective Z Arbitrary loyalty oaths? Mostly found to be unduly intrusive. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 23

Political Rights Z School employees can Z Run for political office-cannot use position for political gain Z Campaigning for self or others Z Develop and expound political ideologies Z Engage in public debate Z BUT, must Z Limit activities beyond school day and outside of classroom Z Be certain political activities do not interfere or infringe on duties and responsibilities Z No use of facilities, equipment, supplies, staff time Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 24

Teacher Freedoms-Dress and Grooming Z Tension between school authorities and teacher claims that dress codes violate right to free expression Z Rules can restrict dress based on health, safety, material and substantial disruption, or community values-usually courts will support Z District must show restrictions are related to a legitimate educational interest and is not designed to place undue and unnecessary restriction on teacher dress. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 25

Teacher Freedoms-Dress and Grooming Scenario Z A fifth grade male teacher decides to dress more casually while he teaches. He chooses to wear a pair of sweat pants that are tight enough to reveal an outline of his non-supported penis and scrotum. In fact they bounce freely. Z The principal receives a complaint from a mother of female student in his class, claiming that her daughter is very embarrassed when the teacher stands near her desk as his crotch is at her eye level. The parent states that other parents of daughters are similarly upset. Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 26

Teacher Freedoms-Dress and Grooming Z The teacher refuses to change his manner of dress, claiming he freedom to dress as he wishes and the principal allows female teachers to wear tight pants and blouses, so what is the difference? Z What legal support can the principal use limit the teacher’s dress? Z Go first to dress code and look at language, then what? Z POST ANSWER in Chat Box: Do you think the teacher’s dress can be limited? Why or Why not? Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 27

Rights of Unwed Pregnant Teachers Z Court opinions vary, what is your district policy? Z 1960 -mid 1970 s rulings against teacher Z Mid 1970 s-early 1980 s focused on overall teacher performance, impact of teacher’s actions on students, extent to which teacher’s actions adversely affects her effectiveness as a student Z Now? Court opinion is mixed Z BEST PRACTICE: What do you think? Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 28

Teacher Right to Privacy Z Must respect until violate integrity of the district or render teacher ineffective. Z Burden of proof rests with district, BUT Z If teacher has strong teaching record Z Is effective in relationships with students Z Respected in the community by his or her peers Z Likely will not meet its burden Z If conduct is Z Highly publicized to point effectiveness and reputation are impaired, district may be able to press its case Z A non-criminal act probably not actionable Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 29

What would be the result if: Z A popular male/female teacher who was very successful teaching social studies at the district’s high school was rumored to be: Z In an adulterous relationship with a married teacher in another district. Students are not concerned and continue to relate with him/her in a positive manner Z Post opinions in CHAT Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 30

What would be the result if: Z In a homosexual relationship with a local businessman/woman. The rumors are further fueled by the fact that the men/women share a home ZAre you aware of Washington State Law and the latest changes related to domestic partnerships? Z Again, students are not concerned and continue to relate well with the teacher ZPost opinions in CHAT Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 31

Other Freedoms Z Can a teacher whose religious beliefs keep him from saluting the flag be dismissed for not saluting the flag during a school assembly? Post opinions in CHAT Z Must a school allow for reasonable teacher absence for religious holidays that do not match the school calendar? Post opinions in CHAT Z When can a district disallow the wearing of religious garb by teachers on school campus? Post opinions in CHAT Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 32

Other Freedoms Z Probably not, especially if the teacher stands at silently during the pledge Z If personal leave is part of the teacher contract, observation of religious holidays are a private matter. Other leave, such as unpaid leave are options Z Yes, if the religious garb creates a sectarian influence in the classroom, or significantly reduces the teacher’s effectiveness—what about Oregon? Z (Who will check quickly? ) Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 33

Teacher Freedoms-Best Practice. Essex Z Teachers & Administrators retain constitutional rights—HOWEVER: Z Avoid personal attacks, libelous or slanderous statements Z Do not knowingly report false info Z Introduce appropriate material related to assigned subject matter Z Do not use the classroom to advance political or religious views Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 34

What about… ZBurqa (face veil or cover)? Is is religious or cultural dress ZDoes it make a difference? ZWhat about ORS 659 A. 033? Is that of concern to Washington state? Who can find out what it means? Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 35

Teacher Freedoms-Best Practice-Essex Z Associate with anyone you wish, but do not associate with illegal activity or behave in a manner to render yourself unfit for effective job performance Z Dress, grooming, and appearance can be regulated by school boards if have a compelling educational interest OR codes are supported by community standards Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 36

Teacher Freedoms-Best Practice-Essex ZTeachers & Administrators have a right to privacy, cannot be legally penalized for private, noncriminal acts ZPregnant unwed teachers cannot be automatically dismissed unless there is a defensible reason for doing so Chap. 8, Teacher Freedoms Hardison/Wheaton HU 11 -12 37