Teachers Rights in Public Education
Teachers have many of the same rights as employees in other industries, such as the right to a safe working environment. Some rights however, are restricted due to the nature of their job. The basic constitutional rights of teachers can be limited if the right interferes with the separation of church and state or if the right might create an undue influence on students.
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Free Speech
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Teachers, like all citizens of the United States, have the right to free speech as guaranteed by the First Amendment of the U.S. Constitution. Restrictions on teachers' speech because of their profession is a controversial topic. In the past, the U.S. Supreme Court has used two standards to evaluate the First Amendment rights of teachers on school property. The ruling in the cases of Tinker v. Des Moines Independent School District and James v. Board of Education gave students and teachers the right to self-expression. This right is guaranteed as long as the self-expression does not interfere with "the requirements of appropriate discipline in the operation of the school or collide with the rights of others." In Hazelwood School District v. Kuhlmeier, the Court held the principal did not violate students' rights by censoring the school paper. The decision in the case applies to teachers. If speech by the teacher is likely to be interpreted as "bearing the imprimatur of the school" the school district has the right to forbid such speech on school grounds.
Religious Clothing
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Teachers have a right to wear religious clothing and jewelry that reflects their faith as long as there is no state or school policy against it. Clothing that displays a message or promotes a particular religion may be restricted. While the Supreme Court has not ruled on the issue, lower courts have generally sided with the schools in forbidding certain types of religious dress.
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Prayer and Religious Materials
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Teachers have the right to pray and to read religious materials on school grounds as long as they are not in the presence of students when they do so. Court rulings prevent teachers from reading silently from religious texts in the presence of students or from displaying or keeping religious materials in plain view if the students are likely to interpret the materials as being associated with the school.
Religious Discussions
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Teachers have the right to share their religious views with other teachers and staff members in the school setting as long as the discussion does not take place during regular instruction. An exception occurs if the school has a policy that prevents organized meetings that are unrelated to school business or if the school has a specific policy preventing religious meetings on school grounds.
Freedom of Association
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Teachers have a right to professional and political association. They have the right to join unions and to engage in collective bargaining. An exception to the right occurs if the school or state has a specific policy against such association or against collective bargaining.
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References
Resources
- Photo Credit teacher image by Twilight Dragon from Fotolia.com
