Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Chapter 9 When Can Schools Limit Teachers’ Freedom of Expression?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Key Concepts When Can Schools Limit Teachers’ Freedom of Expression? Teachers and Free Speech Teaching Methods Controversial Issues and Academic Freedom

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Chapter 9 When Can Schools Restrict Freedom of Expression? Essential Question In your experience, how has your school restricted the freedom of expression or academic freedom for a teacher?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved KEY TERMS Freedom of Speech Academic Freedom Public Comments Teaching Methods

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Teachers and Free Speech First Amendment Fourteenth Amendment Freedom of expression Protection & Due Process

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Pickering v. Board of Education

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Marvin Pickering wrote a sarcastic, long letter to newspaper Against Superintendent and School Board “Excessive athletic expenditures” “Alleged that school board was unable to pay teachers’ salaries...” “Taxpayers were really taken to the cleaners.”

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Supreme Court Responds To Pickering Board asserted that damaged professional reputations of school administration and schools. Supreme Court ruled that public comments by a teacher written as a citizen on matters of public concern may not furnish grounds for dismissal.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Can teachers be dismissed for making public statements that are not accurate? Can a teacher be transferred for publicly criticizing a school program? Can a Superintendent or School Board ever restrict teacher’s rights to publicize their views? Can teachers be disciplined for publicly criticizing their immediate superiors?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Whether the criticism injured the working relationships Effect of the speech on the teacher’s ability to work effectively Time, Manner, Place, Context of Speech Need for harmony in schools Factors COURT CONSIDERS SEVERAL FACTORS IN BALANCING THE INTERESTS OF TEACHER AGAINST THE INTERESTS OF THE SCHOOL BOARD.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved How do courts rule when some of a teachers’ speech is protected and some is not? The Courts: 1. decide whether the complaint involves matters of public concern. 2. decide whether the teacher was writing as an employee or citizen. 3. apply the Pickering Test---balancing the interest as a citizen in discussing public issues against the board’s interest as an employer promoting efficiency. 4. ask whether the protected speech was a “substantial or motivating factor” in the board’s action against the person. 5. decide whether the board would have reached the same decision “even in the absence of the protected conduct.” Teachers and Free Speech

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Academic Freedom To speak freely about any subjects To experiment with new ideas To select appropriate teaching materials and methods NOT ABSOLUTE... COURTS BALANCE IT AGAINST COMPETING EDUCATIONAL VALUES Academic Freedom

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved School Board Rights & Academic Freedom can require or prohibit the use of textbooks. can determine curricular disputes, including selection of plays. can remove literary classics from curriculum if relates to reasonable legitimate educational concerns. cannot reject texts for any legitimate educational reason. cannot prohibit social studies teachers to discuss controversial issues. School Boards:

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Teachers Rights and Academic Freedom do not have the right to preach their religious or political beliefs in schools. may be punished for discussing topics or distributing materials that are not relevant. may not be punished if their use of approved materials causes substantial disruption in the community. may be punished for showing an R-Rated film. Teachers:

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved School & Teacher Academic Freedom Teachers may be punished for failing to submit lesson plans. Schools may have final authority to review and assign grades. Schools may have a legal right to refuse to rehire a teacher because of disagreement over teaching methods and philosophy. Academic freedom is broader in colleges than public schools.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Teachers cannot be punished for using a controversial method that is not clearly prohibited Example: Massachusetts Case has two conditions: 1. Any restriction must be reasonably related to a legitimate pedagogical concern (age and sophistication of students). 2. Schools must notify the teacher about what conduct was prohibited. TEACHING METHODS

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Teacher Academic Freedom Teachers do not have the right to preach their religious or political beliefs in schools. Teachers should follow the text and syllabus in their course. Teachers can be punished for discussing topics or disturbing materials that are not relevant. Teachers may not be protected for controversial responses to students.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Teacher Methods Teachers may not be punished for using a controversial method that is not clearly prohibited. Important considerations:  due process  two restrictions:  “reasonably related to a legitimate pedagogical concern”  School must notify the teacher about what conduct was prohibited.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Teacher Methods Continued Schools may impose an inflexible grading policy on teachers: depending on the facts of case and the rigidity of the policy. Teachers can be punished for failing to submit lesson plans. The school district may refuse to rehire a teacher because of a disagreement over teaching methods and philosophy. There is a broader interpretation of academic freedom in colleges than in public schools.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Garcetti v. Ceballos

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Essential Question Based upon the court cases that were examined, how is the teachers’ freedom of expression protected and when is it not protected?