UTAH EDUCATORS' RIGHTS PAMPHLET
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Educator rights are found in written documents -- the U.S. Constitution, federal laws, the state constitution, state laws, district policies and handbooks, and negotiated agreements. With few exceptions, educators' rights are not implied or extended beyond the written agreement or board policies. Additionally, vague language is not construed by the courts in favor of the educator. School districts claim the right to give board policy and vague language the meaning the board wants. The language contained in negotiated agreements will be construed by the judge. UEA takes the position board policy is part of an educator's employment contract and should be construed by the judge. There is no Utah case law addressing the issue, but courts in other states have held board policy is contract language and should be construed against the party drafting it, i.e., the board.
The U. S. Constitution prohibits government from establishing (promoting) religion or interfering in the free exercise thereof; it prohibits unreasonable searches in schools, taking life, liberty or property without due process of law, denying equal protection of the law, and nonconsensual self-incrimination in criminal cases; it protects the right of assembly, speech, the press, and privacy. It also prevents states and school districts from impairing contracts (a right important to those relying on the state retirement system). The Constitution of Utah protects most of these same rights.
Free Speech. Technically, it's "protected speech." Protected speech means the school district cannot discipline an educator for exercising his/her rights to express him/herself on a subject about which district administrators or the board of education disagree. Educators do not have a right to speak their minds about personal matters, to teach off subject, or to criticize district administrators in all situations. School districts own the educator's time during working hours and, during that time, pretty much can direct what, how, when and where to teach. Public employees generally have the right to express themselves about matters of public concern in public meetings and places and to others on their own time. Faculty lounges are usually "free speech zones" where educators can express themselves about school conditions and operations. Comments that significantly disrupt the operation of schools may be grounds for discipline even if the speech is protected. Gossip about other employees is not protected speech. Neither is the use of obscenities or profanity. Matters of personal concern are not protected speech. The speech must be about a matter of public concern, generally concern about the operations of the school, the district and education programs.
Religion. Educators may teach about religion if the subject is relevant to their assignment. They may not preach religion to their students. If asked about their membership in a particular church, the teacher may answer, but the answer should be a factual and very short answer avoiding adjectives in the description. Recently some federal courts have held teachers may attend and participate in the before and after school meetings authorized by the Equal Access Act which requires schools receiving federal aid that permit non- curriculum related meetings and activities to be held before and after schools to permit students to hold prayer and religious meetings. Before educators participate in the meetings, they should discuss their participation with the building principal. Other groups such as gay/lesbian clubs claim equal rights under the Equal Access Act.