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Teachers and The Law 7 th Chapter 11 When Can Schools Limit Freedom of Association? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella.

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Presentation on theme: "Teachers and The Law 7 th Chapter 11 When Can Schools Limit Freedom of Association? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella."— Presentation transcript:

1 Teachers and The Law 7 th Chapter 11 When Can Schools Limit Freedom of Association? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.

2 Copyright © Allyn & Bacon 2007 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

3 Copyright © Allyn & Bacon 2007 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?

4 Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 11 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)

5 Copyright © Allyn & Bacon 2007 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. Student Organizations

6 Copyright © Allyn & Bacon 2007 Case Presentation BOE v. Mergens

7 Copyright © Allyn & Bacon 2007 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.”

8 Copyright © Allyn & Bacon 2007 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. Demonstrations, Protests, and Speakers

9 Copyright © Allyn & Bacon 2007 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.

10 Copyright © Allyn & Bacon 2007 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. Teachers and Partisan Politics

11 Copyright © Allyn & Bacon 2007 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. Oaths of Loyalty

12 Copyright © Allyn & Bacon 2007 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.

13 Copyright © Allyn & Bacon 2007 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 Political and Social Affiliations

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

15 Copyright © Allyn & Bacon 2007 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.

16 Copyright © Allyn & Bacon 2007 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.

17 Copyright © Allyn & Bacon 2007 Case Presentation Flaskamp v. Dearborn Public School

18 Copyright © Allyn & Bacon 2007 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

19 Copyright © Allyn & Bacon 2007 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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