1. Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.
Teachers and The Law 7th Chapter 11 When Can Schools Limit Freedom of Association? Fischer, Schimmel, Stellman PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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2. Key Concepts When Can Schools Limit Freedom of Association?
Student Organizations
Teachers and Partisan Politics
Demonstrations, Protests, and Speakers
Political and Social Affiliations
Oaths of Loyalty
Created by the National Child Abuse Prevention and Treatment Act
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Copyright © Allyn & Bacon 2007

3. Freedom of Association?
Chapter 11
When Can Schools Limit
Freedom of Association?
Essential Question
How have educators been judged by the company they keep or the organizations they join?
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4. KEY TERMS- Chapter 11 Equal Access Act (206)
Registered/Sponsored” (211)
GSA (207)
The Hatch Act (216)
PRISM (210)
Anti-nepotism Policies (222)
Loyalty Oaths (224)
GSA – Gay Straight Alliance
PRISM: People Recognizing Important Social Movements; 2000 – application to high school where this was a course about democracy, civil rights etc. for gay and lesbians; school board responded that it was too narrow even though their application related to 13 course objectives; court ruled in favor of group
Registered (rather than recognized student organizations, school officials might lessen the tendency of many parents and educators to erroneously believe that recognition implies approval
Hatch Act – reduce the hazards to fair and impartial government, prevent political parties from using public employees for political campaigns and prohibit selection of government employees on basis of political performance
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Copyright © Allyn & Bacon 2007

5. Student Organizations
Equal Access Act 1984
Public secondary schools have a “limited” open forum that permits equal access to any student group “on the basis of religious, political, philosophical or other content.”
This act applies only to elementary schools.
This act provides that student groups may meet on one or more non-curriculum related topics and may meet on school premises during non-instructional time.
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6. Case Presentation BOE v. Mergens Pg. 207
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Copyright © Allyn & Bacon 2007

7. Type of Student Organizations
Religious groups
Board of Education v. Mergens
Gay/Straight Alliance Club
“Trend requires high schools to permit these alliances to have access to school facilities like all other clubs.”
Mergens: upheld that religious clubs can meet on the same basis as extracurricular activities; religious clubs meeting is not an endorsement of religious by the school.
Schools can deny access to study groups when there is policy where the student group must be directly related to curriculum to organize on school property; This was in response to the GSA being formed; so the courts stated it did not trigger equal access.
Another case involved PRISM – where the GSA group seeks access as a curriculum-related club: court stated the school violated the students’ 1st Amendment rights by applying its policy in an unconstitutional manner
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Copyright © Allyn & Bacon 2007

8. Demonstrations, Protests, and Speakers
Freedom of Association broadly protects the rights of public school students.
Disciplining a student for attending a party at which alcohol is consumed by minors
Secret societies are unlawful.
Schools prohibit students from belonging to fraternities, sororities and other undemocratic organizations.
Many states have legislation outlawing undemocratic high school organizations and laws have been upheld due to the principles of the Tinker decision and Equal Access Act.
Recognition of an organization doesn’t imply approval of its goals and program and administrations may regulate or restrict student organization.
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Copyright © Allyn & Bacon 2007

9. Demonstrations and Protests
Students have a right to demonstrate on campus.
Administrators must safeguard everyone in the process.
Peace groups have a right to recruit (if branches of the armed forces are allowed to recruit)
Controversial speakers sometimes may be prohibited from public schools
Schools may refuse to hire or suspend teachers who participated in disruptions.
Demonstrations cannot be totally prohibited; the administration must safe guard property and safety and normal school operations….
Schools may not bar all outside political speakers
Disruptions = Bruce Franklin, a Marxist English scholar, had an appointment rejected by the University of Colorado because of his participation in disruptions at Stanford University; courts proved that clearly and convincingly interfered with university activities and the he posed a threat of material disruption at U of Colorado (209)
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Copyright © Allyn & Bacon 2007

10. Teachers and Partisan Politics
Teachers who are elected to public office are required to resign.
may be granted a leave of absence
may be determined by the courts to prohibit a teacher from running for political office
Teachers may not be penalized because of their political opposition to a Superintendent or School Board member.
Hiring solely based on political affiliation violates the First Amendment but elected officials may weight political factors as part of their subjective hiring judgments.
Teachers may be prohibited from participating in partisan politics (Hatch Act).
Teachers cannot be prohibited from participating in all political activity except voting or be barred from political activity on campus during off-duty hours.
Galer Case- ran for public office
Charlotte Klug – Chicago – transferred from dean of freshmen at a vocational school to a teacher at an elementary school; claimed that her group was different from the old guard; court dismissed this as petty office politics than to matters of public concern.
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Copyright © Allyn & Bacon 2007

11. Oaths of Loyalty
Oaths include pledge of loyalty to the federal and state constitution.
This varied according to times and legislatures that enacted them.
Courts view them as constitutional. pp
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Copyright © Allyn & Bacon 2007

12. Situations: Oaths of Loyalty
Teachers may not be required to swear that they will promote “respect for the flag,” “reverence for law and order,” and “undivided allegiance” to the government.
Teachers may not be required to swear that they are not subversive.
Teachers are required to swear that they will uphold the constitutions.
Teachers are required to take an oath like “faithfully perform their duties consitutional.
This loyalty oath needs to apply to teachers and other state employees and that teachers are required to swear to “oppose the overthrow” of the government by any illegal or unconstitutional method.
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Copyright © Allyn & Bacon 2007

13. Political and Social Affiliations
Freedom of Association is a consitutional right
Teachers have the right to advocate, organize and join a union.
Teacher cannot be fired for belonging to a communist, Nazi, or revolutionary organizations
Keyishian membership (college professor) – may not apply to high school pp
Protects the rights of teachers to engage in advocacy on behalf of their members.
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Copyright © Allyn & Bacon 2007

14. Case Presentation Cook v. Hudson 219 pg.
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Copyright © Allyn & Bacon 2007

15. Other Affiliations
Depending upon circumstances, teachers can be prohibited from sending their children to private, segregated school.
Teachers cannot be denied employment because they married controversial individuals or because of divorce.
New school board cannot refuse to reappoint teachers because of their association with former board members.
Segregated schools – 1975 Cook v. Hudson case (Mississippi teachers who were not rehired when they sent their children to private academies in violation of school board policy designed to ensure faculty support for desegregation.
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Copyright © Allyn & Bacon 2007

16. Conflict of Interest
Laws can prohibit school boards from employing relatives of members.
Laws can allow school boards to hire relatives of members.
Teachers can be prohibited from being school board members.
One cannot prohibit spouses from working in the same school; however, they may be asked to transfer.
Teachers can be prohibited from promoting political candidates in class.
Teachers can wear political buttons, badges or armbands in class.
Teachers may be prohibited from encouraging or participating in demonstrations.
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17. Flaskamp v. Dearborn Public School
Case Presentation
Flaskamp v. Dearborn Public School
221 pg. as referenced in citation #67
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Copyright © Allyn & Bacon 2007

18. Case Study Initial Proceedings Complaint Defendant
Answers (30 days) or motion to dismiss
Facts of claim by plaintiff seeks
Complaint
Interrogatories
Depositions
Document Requests
Case Study
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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19. Freedom of Association?
Chapter 11
When Can Schools Limit
Freedom of Association?
Essential Question
As an administrator, in what ways have the courts permitted equal time to opposing views without discrimination or censorship of ideas?
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