Ethics and School Law for School Administrators – Assignment #2 – Teacher Rights

EDL 5700 – Ethics and School Law for School Administrators

 
 
Focus:                        ETHICS
Assignment #2:      Teacher Rights
 
 
Background Context:
Teachers’ Rights Basics
Teachers are protected from certain harms under the Equal Protection Clause of the Fourteenth Amendment of the Constitution. Teachers have the right to be free from discrimination based on race, sex, and national origin — as well as freedom of expression, academics, privacy, and religion. The concept of academic freedom can sometimes be open to interpretation. After all, most teachers value the ability to teach without undue restrictions on content or subject matter. This section focuses on these and other freedoms and rights teachers enjoy, as well as state and local laws affecting teacher’s rights.
Teacher’s Rights: Overview
Teachers receive a number of protections under the law in order to ensure that they are protected from unconstitutional harms and in order to guard their ability to effectively provide the critical service of educating our communities’ children. Important protections for teachers include:

  • Freedom from Discrimination – The Fourteenth Amendment’s Equal Protection Clause protects public school teachers from discrimination based on race, sex, and national origin. Additional protections from discrimination are found in Title VII of the Civil Rights Act, and Title IX of the Education Amendments of 1972 which also forbids workplace sexual harassment.
  • Academic Freedom – The First Amendment protects teachers’ right to freedom of expression; however, this is quite limited. Protected speech must be relevant to and consistent with the teacher’s responsibilities, and the teacher cannot promote a personal or political agenda in the classroom.
  • Freedom of Association – Teachers’ freedom of association is protected by the First Amendment and gives teachers the right to join professional, labor, and other organizations. They may also run for public office and similar forms of association, though participation in these activities must be independent of their responsibilities at school.

 
 
 

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  • Freedom of Religion – The First Amendment and the Civil Rights Act protect against religious discrimination by school districts against teachers. Schools are restricted against teaching religion, but teachers’ right to the religion of their choosing is protected.
  • Privacy Rights -Teachers enjoy limited privacy rights, but where a teacher’s private acts impact their effectiveness the school may take action.
  • Age – Teachers over 40 are protected against age discrimination. If charged with age discrimination the school has the burden of showing that some factor other than age influenced their decision.
  • Pregnancy – School cannot dismiss or demote a pregnant teacher on the basis of their pregnancy or deny a job or promotion to a pregnant teacher.

 
Teachers’ Rights: Contracts
Contracts between teachers and school districts are ruled by the general law of contracts, which provides concepts such as offer, acceptance, mutual assent, and consideration. However, contracting within the context of schools and teachers has some important distinctions from the general rules of contracts.
Schools may require a school board to ratify a contract before it becomes binding, so that even if a teacher it told they are hired the contract is not final until the school district ratifies the contract. On the other hand, some teachers have successfully argued that the provisions of a teacher’s handbook amount to a contract, allowing them to enforce terms against the school.
ASSIGNMENT INSTRUCTIONS:
Nathan L. (2016). School Law and the Public Schools:  A Practical Guide for Educational Leaders (6th ed.). University of Memphis: Pearson. ISBN: 978-0133984415
 

  • READ the situations on the pages below and thoughtfully answer the discussion questions.

 
TEACHER FREEDOMS
Teacher’s Freedom of Speech–Racial Content                      pg. 219
Flag Salute–A Nonconforming Teacher                                 pg. 220
Negative Comments on Facebook Posted by a Teacher        pg. 221
 
DISCRIMINATION IN EMPLOYMENT
Discrimination–Driving Under the Influence                         pg. 244
Discrimination and a Reduction in Force                               pg. 245
 
RECRUITMENT, TENURE, DISMISSAL, AND DUE PROCESS
Incompetency and Questionable Performance                     pg. 280
Insubordination–Failure to Change a Student’s Grade         pg. 280
Unprofessional Conduct–Sexual Activity                               pg. 281

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