NZTzuvYs TSKXCZ - QkgvnuysmpQUtOKA-Chapter 10

Legal Rights of School Leaders,
Teachers, and Students

Eighth Edition
Chapter 10
Employees’ Substantive
Constitutional Rights
Copyright © 2019, 2014, 2009 Pearson Education, Inc. All Rights Reserved
Learning Objectives
10.1 Describe the primary U.S. Supreme Court decisions
relating to public employee expression.
10.2 Distinguish between teachers’ rights in dictating course
content versus instructional strategies.
10.3 Discuss when schools may violate employees’ freedom
of association rights.
10.4 Identify what are reasonable restrictions that schools
may place on employee appearance.
10.5 Delineate the legal standard surrounding searching and
drug testing employees, as well as the legal standard
needed to discipline an employee for out-of-school
conduct.
Teacher Speech (Outside of
Classroom)
First Question: Was the expression made pursuant to one’s
official job duties? If yes, the teacher’s speech is not
protected. If no, go to next key question.
Key Question: Does the expression relate to a matter of
public concern or a private grievance?
If the expression pertains to a private grievance, it is not
constitutionally protected.
If the expression pertains to a matter of public concern, it is
protected unless...
If the speech pertains to a matter of
public concern…
It is protected unless one of the three prongs can be
demonstrated:
• Impairs teaching effectiveness
• Interferes with relationship with superiors; or
• Jeopardizes the management of the school
When are teachers’ statements
considered private grievances?
When teachers speak on matters of personal interest instead
of a matter of public concern, their speech will not be
considered protected. For example, one court found that it
was a private grievance when a teacher complained about
her overcrowded classrooms because she failed to link her
argument to matters of public safety.
When are teachers’ statements
considered to be a public concern?
Speech will be considered a matter of public concern when it
relates to political, social or other community concerns.
Key Cases
Pickering versus Board of Education (1968)
Mt. Healthy versus Doyle (1977)
Givhan versus W. Line Consolidated School District (1979)
Connick versus Myers (1983)
Garcetti versus Ceballos (2006)
Apply the Law (1 of 3)
A fifth grade teacher complained to her superintendent that it
was unconscionable when the school district cut funding of
the gifted and talented program. She feels that she was
demoted as a result of these comments.
Is this teacher’s speech protected under the First
Amendment?
A teacher appears on a television talk show as a
spokesperson for gay rights. Six members from the
community come to the superintendent’s office demanding
the dismissal of the teacher.
How should the superintendent respond?
Teacher Speech (Inside the
Classroom)
Rule: School officials can censor school-sponsored
expression for pedagogical reasons.
A student asked an untenured elementary teacher if she
would ever participate in a pro-marijuana rally. The teacher
replied that she supports such rallies because of the medical
benefits of marijuana.
• Could this teacher be disciplined?
Important Point
Whether speaking inside or outside the classroom,
untenured teachers will have fewer protections than tenured
teachers.
IMPORTANT
Teacher speech may still be
protected under:
State or federal whistleblower laws.
Title
Title
School policies
How free are teachers in their private
lives outside of school?
• Some courts have based termination decisions on whether
teachers’ out-of-school conduct had a negative impact on
their teaching effectiveness
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Teachers, and Students

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