As a teacher, whether you teach in a public or private institution, your rights are largely the same as those of anyone else. A teacher has the right to freedom of expression, academic freedom, freedom of association, freedom of religion, the right to privacy, and freedom of protection against unreasonable discrimination. But the rights of teachers can come into conflict with the rights of students, employers, the parents of students, and society.
Teacher’s Rights: What Your Teacher Education Program May Not Have Told You
Because of the teacher’s responsibility to their students, employers, and society in general- the rights of the teacher can seem unclear in a number of situations. All too often, teachers are left to discover these boundaries on their own. When legal issues arise, teachers may not know where they stand. Where, for example, does your right to self-expression end and the rights of the student, or the institution, begin?
Few teacher education programs offer much in the way of instruction in this area. In today’s contentious political landscape, teachers need to understand key legal issues that are likely to affect the conditions of their employment.
Attorney Douglas Healy has been successfully protecting the rights of his clients for nearly two decades. He serves as counsel to the Joint Missouri Electric Utility Commission and assists municipalities regarding their energy and utility needs. He also represents clients in need of assistance of criminal defense, as well as those who are wrongfully injured due to the negligence of others.
More recently, Douglas has taken notice of the need of teachers to have their rights protected, and the dearth of instruction in education law that teachers suffer from.
Your Rights as An Educator
Teaching is a noble profession and one that no well functioning society can do without. All too often, teachers are caught in the teeth of a system in which they are among the least protected participants. As a teacher, it is imperative that you have a basic understanding of your rights.
Freedom from Discrimination: Age, Sex, Race
The Fourteenth Amendment of the Constitution contains the Equal Protection Clause. This prohibits discrimination based on race, sex, and national origin. Discrimination based on these factors is also prohibited by Title VII of the Civil Rights Act of 1964, which was amended to include educational institutions in 1974. Title IX of the Education Amendments of 1972 prohibits sex discrimination at federally funded educational institutions. Titles VII and IX also forbid sexual harassment in the workplace.
Academic Freedom
Public school teachers enjoy limited freedom to teach without undue restriction on the subject or content of their material. These rights are protected by the First Amendment. Course material must still be relevant, consistent, and adhere to the teacher’s responsibilities to the student. The age and maturity levels of the students are among the factors which affect the teacher’s freedom of discretion.
Freedom of Expression
In Pickering v. Board of Education, the Supreme Court held that the board had wrongfully restricted the First Amendment rights of a teacher to discuss issues of public importance. Based on this case, teachers retain the right to freedom of expression with limitations based on respect for the educational interest of the school and the needs of the students.
Freedom of Association
Like all citizens, teachers have the right to freedom of assembly, the right to associate with whom they please when not on duty, and the right to participate in professional, labor, or other organizations. Exceptions arise when associations interfere with the teacher’s scholastic responsibilities.
Freedom of Religion
Title VII of the Civil Rights Act of 1964 and the First Amendment guard a teacher’s right to be free from religious discrimination. Like the right to freedom of association, a teacher’s expression of his or her religious faith may not directly interfere with the educational needs of students or the needs of the institution. A teacher may, for example, be openly religious. But she or he may not preach any religious doctrine to students at a public institution.
Privacy Rights
A teacher’s right to privacy is the same as that of any other citizen. It ends when the teacher is under reasonable investigation, when conduct interferes with the educational needs of students, is deemed to not exhibit good character, or if the teacher is suspected of having committed a crime.
If you believe your rights as an educator have been violated, you should consult a legal representative who understands your rights and will fight to protect them. Contact, Douglas Healy at Healy Law Offices in Springfield, MO today. Douglas Healy and his legal associates are ready to stand up for your rights.