Post Type: ARTICLES
What Legal Rights Do Teachers Have In Public Education
In reading the above article to find out what new trend is active in the educational system, I found that the legal system is suggesting that, “First and foremost, before they are educators, public school teachers are citizens of the United States whose rights are and should be equally protected as the rest of the citizens of the US, and not diminished by being under the roof of public education.”
Speaking out on behalf of teachers, I must admit there were times in my tenure as an educator, some of us did not feel as public school teachers we were treated as citizens of the United States who had rights and were equally protected as the rest of the citizens of the US.
Several years ago, I felt that my rights were violated by the Board of Education as a result of a terrible accident that took place on the job. One of my students who was being observed by the Department of Psychology because of her psychotic behavior in the school had a melt down on the day of her observation. She went beserk on that gruesome morning I would never forget for the rest of my life. As I was preparing to sit at her desk because she was asked to sit in a specific area to interact with her peers, she pulled the chair from under me. I felt on my knees and then I flipped backwards. When I awoke, I was admitted to a hospital in the Bronx. That was the turning point of my career. I was laid up at home for one year in pure agony and much pain.
I had to report to one of the doctors from the Department of Education for a thorough examination. I was hit with her diagnosis that due to the fall it has cause a situation that would eventually manifest in my body as I get older. “Osteoarthritis.” Of course, I asked her who gave her the right to tell me such a death sentence. Abruptly, she walked out of the room and left my “Record” on her desk. I proceeded to pick it up and of course, I read it. She walked back into the room at that moment and screamed at me. She and I went toe to toe as I continued to express my alienable right to read that chart. She said, “You have no right!” Well, I found out that day as a public school teacher we have no legal rights. Well, I was in for a rude awakening. As a public school teacher, I felt like the victimizer as oppose to being the victimee. This was the beginning of a very bad dream in my life.
Oh, in reading the chart I found letters that the principal and the students had written…..lies, lies and more lies. I became and angry black woman. I felt like the system had failed me. The people that were suppose to be there for me had turned against me. The students were cohersed in writing letters that were totally untrue. The parents confided in me and warned me as to what was taking place. The principal became my Enemy #1…a man I respected and trusted. In my opinion, this system is and has not worked for all teacher. In 2015, I hope things are much better than it was for teachers in the 1993+.
When the Union stepped in to see what was taking place, they found that everybody was telling lies to cover up the entire accident. I was warned because Alice is Black and not Jewish that I should not even consider bringing legal actions against the Board of Education…Nothing would come out of such actions. The students personally conveyed to me that the principal cohersed them into writing letters telling lies as to how the accident occured. I did my research in trying to hire a legal team that would fight my battle against the Board of Education and such action became impossible.
It became unbearable to fulfill my duties as a classroom teacher working in the common branches division. My back and knees were messed up and was warned that the pain would eventually become more unbearable.
What legal rights do teachers have in public education? They have the right to be normal citizens when acting in a capacity outside of being a teacher. Freedom of speech and expression – this is what every citizen of the most democratic country in the world, the United States of America. But is this subject to what profession a person chooses to have? Does being a public school teacher mean partially diminishing such right?
Oh yes, I found out for the first time in my life why choosing the profession of teaching was not such a good idea in New York because your rights would be more than partially diminished. In my opinion, the system was not there for me; I had no rights at all….a lonely place to be. I felt abandoned by the system. I was told by lawyers to consider another profession and forget about this profession and not to go to any more lawyers because none would take such a case here in New York. This was the real ticker.
I heard things like if you try to sue the Department of Education, you could be black-balled for life….Your reputation can be ruined. I took a sabbatical for one year left New York and did not come back until a few years later. I left the profession and when I returned ended up at the Social Security Board and was declared permanently disabled.
Years later, I started to hear and read about several cases where teachers were terminated because they started to speak against the Department of Education for not allowing them to exercise the alinable right “Freedom of Speech!” Here is a case that was decided by the Supreme Court, it was held that “a teacher’s exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment.” The facts of this case is that a teacher was terminated because he wrote to a local newspaper a letter with words of criticism against the Board of Education on its methods of raising revenue for schools. Such actions are real in the USA.
What legal rights do teachers have in public education? To not be restricted in terms of choosing schools for their children, in testifying against the Board of Education or for leading Bible studies outside the school These are legal rights of teachers that can not be constrained or diminished for reasons that they chose the teaching profession. This is why the lower courts stuck down school policies restricting the teachers to exercise their related thereto. Yes, we have these legal rights as it pertains to the above but when it comes to being hurt on the job our alienable rights seem like they become unconstitutional which prevents us from seeking legal assistance receiving any form of compensation.
Outside of school premises, acting as a normal citizen, a public school teacher should be equally treated and protected. Are we equally treat and procted? In my humble opinion, my answer to that question is “NO!” According to legal documentation it has been stated, “Inside the school premises, assuming the function of a school teacher, a model and educator to young people no less, schools have the right to uphold higher standards among them.” It is my hope that the Department of Education has been enforcing the right to uphold higher standards.”
In a case decided by the Supreme Court, it was held that restrictions imposed by schools are not in violation of the teachers freedom of speech and expression if the exercise thereof is “materially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school,” or if it “[collides] with the rights of others.”
In summarizing this article, so what legal rights do teachers have in public education? The answer is that the legal rights teachers have in public education are the same rights they have from the very start. Freedom of speech and expression are two of the most basic and most important rights bestowed by the state to its people. This can never be compromised and diminished if only to keep a harmonious-looking situation. The only thing that will defeat it is, as in any other case, if the exercise of the same is no longer consistent with other people’s rights, and if the function that a person voluntarily assumed is already compromised. Other than these reasons, freedom should be upheld and no words of feeling shall ever be suppressed. Are these rights being uphold for all teachers? I have met teachers who have left the system because they were hurt and they have stated that this system is not applicable and equally demonstrated to all public school teachers.
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