William Kritsonis, School Law, Ch 6 School Law Outline

1
Expression and AssociationalRights The
Educators Guide to Texas School LawWilliam
Allan Kritsonis, PhD
2
INTRODUCTION

• Rights of Expression is in the First
  Amendment in the Bill of Rights.
• Other words you can say or write what you want
  without the fear of going to jail.
• This chapter deals with Educators and Parents
  rights of expression in and out of the school.

3
Expression Outside the School

• An educators job may be compromised if the
  exercise of a right undermines job effectiveness.
• Pickering v. Board of Education (U.S. Supreme
  Court, 1968).
• Pickering is important , because it recognizes
  that public employees have a right of expression
  as citizens in the community.

• School districts are limited in their ability to
  file lawsuits against those who make comments
  about the district and their employees.
• Port Arthur I.S.D. v. Klein _at_ Associates
  Political Relations, 2002.
• The judged ruled in favor of the Firm stating
  The Port Arthur districts argument , undermines
  the basic principle of free expression.

4
Expression Within the School

• Expression within the school has 3 main points.
• First-expression outside the classroom but on
  school property.
• Second-classroom academic freedom.
• Third- retaliation for speaking out about
  suspected wrongs under the Texas Whistle Blower
  statue.

5
Expression Outside the Classroom but on the
School Grounds

• The First and the Fourteenth Amendment under
  certain circumstances protect private
  communication between a public school teacher and
  a school principle.
• U.S. Supreme Court issued 2 important rulings
  pertaining to teacher expression within the
  workplace, first involving mailboxes and the
  second involving teacher complaints over working
  conditions.

• Perry Education Association v. Perry Local
  Educators Association-The court decided that
  mailboxes are not automatically public forums
  .
• A public forum is a place where persons and
  groups can come together free from government
  control, such as street corners and public parks.
  

6

• In school employee speech is Connick v. Myers.
• This issue is whether an employee expression
  on-the-job complaint is constitutionally
  protected and therefore can not be used in a
  negative employment decision.

• The high court held that a employees speech is
  protected when the employee speaks as a citizen
  on matters of public concern but not on matters
  of only personal interest.
• On the other hand a teacher who complains about a
  school holiday program or about sexual harassment
  will be speaking out on matters of public
  interest.
• However, public employees in Texas have a
  statutory right to present grievances to their
  employers under Chapter 617 of the government
  code.

7
Academic Freedom

• Traditionally , legislatures and court s have
  left the decision to states and school boards to
  determine the curriculum for k-12 grades.
• Kirkland v. Northside I.S.D. 1989, the Fifth
  Circuit refused to allow a teachers selection of
  an unapproved supplemental reading list.

• The court affirmed the nonrenewal of the teachers
  contract.

8
Texas Whistle Blower Act

• In 1983, a law was passed prohibiting a
  government al body from retailing against an
  employee who reports a violation of law to the
  appropriate authority if the report is made in
  good faith.
• However , in City of Houston v. Kallina, the
  Texas court of appeals appear to take the
  contrary position.

9
Educator Freedom of Association

• The 1st-14th Amendment as applied to the states
  give public school teachers the right to
  associate.
• In Guerra v. Roma I.S.D- 4 public teachers were
  let go because of an association within
  unsuccessful candidate.

• The court ordered that the teachers be offered
  reinstatements and be awarded monetary damages
  and attorney fees.
• Other cases on this matter are Shelton v.
  Tucker, and SACTA/TSTA v. San Antonio.

10
Student Rights of Expression

• Until the mid 1960s students had few rights in
  public schools.
• In Tinker v. Des Mointes School district, 1969
  states it can hardly be argued that either
  student or teachers shed their constitutional
  rights to freedom of speech at the school house
  gate.
• By the 1980s the expansion of students rights
  ended.

• Communication among students on Campus-
• The Tinker case involves several public school
  students who wore armbands in opposition to the
  Vietnam War.
• The Supreme court agreed with the student
  stating that Students in school as well as out
  of school are persons under the Constitution.
• As long as there is no disruption of other
  students who do not wear the band the students
  are fine.
• However, in 1997 in Arizona the appellate court
  ruled that the school could impose a student
  dress code and disallowed students from wearing
  alternative dress with communicative messages.

11

• School Sponsored Student Publication-
• In the words of the court educators are
  entitled to exercise greater control over student
  expression through school-sponsored channels of
  communication.

• Non-School Sponsored Student Publications-
• In Nelson v. Moline School District No. 40,
  1989, The court agreed with the school that
  hallways and classroom are not public forums and
  may be off limits to distribution.

12
Student Freedom of Association

• The U.S. Supreme Court has not yet dealt with
  student organizations.
• In 1989 the court ruled that the right of
  association protected by the First Amendment
  relates to expressive activities and not to those
  that are strictly social.

13
REFERENCES

• Jim Walsh, Frank Kemerer, and Laurie
  Maniotis.-6th ed.
• The Educators Guide to Texas School Law
• Pgs. 213-252