1. 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

2. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-2 Chapter 12 When Can Schools Limit Freedom of Association?

3. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-3 Key Concepts Student Organization s Teachers and Partisan Politics Demonstrations, Protests, and Speakers Political and Social Affiliations Oaths of Loyalty

4. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-4 Essential Question How have educators been judged by the company they keep or the organizations they join?

5. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-5 KEY TERMS Equal Access ActRegistered/Sponsored” GSAThe Hatch Act PRISMAnti-nepotism Policies Loyalty Oaths

6. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-6 Equal Access Act 1984 Public secondary schools that have a “limited” open forum must permit equal access to any student group “on the basis of religious, political, philosophical or other content.” This act applies to secondary 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

7. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-7 Case Presentation BOE v. Mergens

8. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-8 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.”

9. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-9 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

10. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-10 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 may sometimes be prohibited from public schools Schools may refuse to hire or suspend teachers who participated in disruptions.

11. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-11 Teachers, who are elected to public office may be required to resign may be granted a leave of absence may be prohibited from running for a partisan 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

12. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-12 Freedom of Association is a constitutional right. Teachers have the right to advocate, organize and join a union. Teacher cannot be fired for merely belonging to a communist, Nazi, or revolutionary organizations. Political and Social Affiliations

13. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-13 Online Communication Freedom of Association does not protect teachers’ online communication with students. MySpace Facebook

14. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-14 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 can 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 may be prohibited from encouraging students to participate in demonstrations.

15. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-15 Oaths include pledge of loyalty to the federal and state constitution. Oaths of Loyalty  This varied according to times and legislatures that enacted them.  Courts view them as constitutional.

16. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-16 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.

17. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-17 Case Presentation Flaskamp v. Dearborn Public School

18. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-18 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 InterrogatoriesDepositionsDocument Requests Settlement Conference

19. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 12-19 Reflection Describe the ways that students’ and teachers’ freedom of association protected in your school?