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SCHOOLS
A Teacher's Bill of Rights
These rights apply specifically to public high school and university teachers. Because of their age, elementary and middle school students are considered more impressionable, and therefore, individual teacher's rights come second to the right of the school to protect the impressionable students' minds.
1. ACADEMIC FREEDOM
According to the Supreme Court, teachers have the right, or the academic freedom, to teach what and how in their professional opinion is appropriate. A lower court ruled teachers cannot be forced to "simply read from a script prepared or approved by the [school] board." For example, school officials cannot censor or deny a teacher's right to choose a speaker for the class because the school does not approve of that speaker's message. The academic freedom of the teacher is balanced by the right of the state to protect the "impressionable" students from any propagandism in the classroom. However, any restrictions of a teacher's academic freedom should have clear guidelines that the teacher can follow.
2. FREEDOM OF EXPRESSION
School officials cannot constitutionally deny a teacher's freedom of religious expression, unless there is a "reasonable" basis for concluding that the teacher's speech threatens the interests of the school. However, the courts have previously ruled that the school's interests for instruction free of religious bias is paramount to the teacher's First Amendment rights.
3. WEARING OF RELIGIOUS GARB
Unless there is a state or school board policy explicitly prohibiting the wearing of religious clothing, jewelry, etc., teachers have the right to dress as they like. Such attire merely announces an individual's belief and is not a method of recruitment or indoctrination.
4. CURRICULUM
In matters of curriculum and methods of teaching, teachers cannot generally select the content of their own instructional programs or omit course content chosen by the school board, but they can let students know there are other approaches to a given topic. Also, teachers who are conscientiously opposed to giving certain types of instruction based on their religious beliefs should be accommodated although the state may try to limit this religious freedom due to its "compelling interest" in the instruction being given.
5. RELIGIOUS INSTRUCTION
According to the Supreme Court, a teacher may discuss religious matters in the classroom as long as the discussion is presented objectively, doesn't disrupt the classroom, and is reasonably related to the subject being taught. However, evangelism or other overtly religious activities are not allowed in the classroom.