EDU 210 Portfolio Artifact # 6

Tiffany M. Connally
EDU 210
March 2015
 A kindergarten teacher, by the name of Karen white, was newly affiliated with Jehovah's
Witnesses. Due to the religious nature of certain projects and activities, she informed both
parents and students that she would no longer participate in such activities in the classroom. She
would no longer decorate the classroom for holidays or plan gift exchanges during the Christmas
season. This also included no participation reciting the pledge of allegiance, and the singing of
"happy Birthday." Due to her inability to effectively meet the students’ needs per parents protest,
Bill ward the school principle recommended her dismissal.

In the court case Palmer v. Board of Education. Page 52, decided (1979) a teacher by the
name of Joethelia Palmer refused to follow certain parts of the curriculum on religious grounds.
She was affiliated with the Jehovah’s Witness religion and she viewed the curriculum’s patriotic
aspects as a kind of idolatry. Skdaglaw.com. She stated her religion forbade her from
participating in the pledge of allegiance, singing of the patriotic songs, and celebration of certain
holidays. The school district made attempts to accommodate her special circumstance, but the
school system claimed that doing so could be reasonably accomplished. The school district won
and the courts stated “religious freedom, involves practicing one’s own religion, but not
depriving others knowledge because of it.”

The case LeVake v. Independent School District No. 656 page 52, decided (2001) the
court rejected a teacher’s free speech and religion claims after he was reassigned following his
refusal to teach the theory of evolution. LeVake felt the school district violated his free exercise
of religion, free speech, and due process. Caselaw.findlaw.com LeVake accepted his position
and had full knowledge of the curriculum requirements so not covering the material was
unethical. The court ruled in the school districts favor that LeVake did not present a genuine
issue of material fact regarding his free exercise, free speech, and due process claims.

In the court case Melzer v. Bd. Of Educ. Of the City Sch. Dist. Of The City Of N.Y. page
50, decided (2003) the court upheld the school district’s decision to terminate a teacher because
of his membership and participation in the NAMBLA, a group that advocates sexual relations
between men and boys. The court found that the membership and participation was disruptive
and undermined the effectiveness as a teacher due to students feeling uncomfortable with
Melzer’s views. Many of the students parent’s threatened to remove their children and conduct a
strike if Melzer was not dismissed. He was affliated with the group for over 10 years. It was
found that Melzer’s association with NAMBLA is protected by the First Amendment.
Caselaw.findlaw.com Membership in a controversial organization cannot be used against
negative employment actions.

Based on the scenario, I do not feel Karen should be dismissed. Karen's religious
affiliation is by no means a reason to dismiss an individual. Having a religious background does
not classify an educator as having the “inability to meet students’ needs.” However, I do feel
Karens lack of participation for holiday involvement is unfair for students and the overall
classroom environment. Per the case Palmer v. Board of Education, “religious freedom, involves
practicing one’s own religion, but not depriving others of knowledge because of it.”
Skdaglaw.com. Karen should be given an alta madam such as a transferred position as a religious
instructor. This would allow her to sustain her career while participating in her religious beliefs.
 References

Underwood,Julie.Webb,Dean.L.(2006)School Law For Teachers: Concepts and Applications.

New Jersey

Palmer v. Board of Education. page 152, decided (1979)

Palmer v. Board of Education of City of Chicago, 603 F.2d 1271 (1979) Skdaglaw.com.

LeVake v. Independent School District No. 656. page 52, decided (2001)

LeVake v. Independent School District. No. C8-00-1613. May, 8, 2001 caselaw.findlaw.com

Melzer v. Bd. Of Educ. Of The City Sch. Dist. Of the City of N.Y. Tatro page 50, decided
(2003)

Melzer v. Board Of Education Of The City School District Of The City of New York. No. 02-
7338. July 16, 2003 caselaw.findlaw.com