Teacher`s Rights and Responsibilities Essay

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This paper is aimed at discussing three cases, representing different situations that can arise in school or college almost on a daily basis. The analysis focuses on legal and employment implications of teachers conduct, decision-making, his rights and responsibilities. These scenarios exemplify the duties of the instructors and the principles which they should follow in the course of their work.

The first case illustrates teachers irresponsible behavior that eventually results in the heavy injury of a student. This person is fully aware that one of them is not wearing goggles during practical classes in chemistry. However, he connives at this violation of safety norms and permits her to continue her work believing she is the most skillful and careful girl in the group. Yet, due to the explosion in the laboratory she receives facial burns and loses her vision. Provided the guilt of the instructor is proven, this individual may be subjected to legal trial, because it was his duty to make sure that safety standards were met by each student. Moreover, he knows that she has not put on her protection glasses. This may entail monetary compensation for her trauma. Most likely, this instructor will be dismissed from school or put on probation (Raymond, 2000). Furthermore, his license will be suspended or completely revoked. We should bear in mind that this is a chemistry lesson during which students run great risk of receiving moderate or severe burns. Therefore, goggles are a compulsory precaution for even an experienced scientist, not to mention a teenage girl. This is why there is practically no chance to justify the actions of this instructor.

The teacher of history, who insists that the students should be acquainted with the worlds major religions and tries to incorporate this information into his own classes, should be encouraged by the board. His approach is quite understandable because evolution of human society is closely intertwined with the development of religious views. They have shaped modern community and will continue to exercise this influence in the future. Thus, teachers conduct is both allowable and praiseworthy. Yet, there are several limitations: 1) first, this must not be done at the expense of other aspects of historical science. For example, learners must be given in-depth insights into economic, social, and geopolitical forces that affect the evolution of human society. If these questions are ignored by the teacher, then his approach will be criticized. Naturally, this will not involve any criminal charges or suspension of license. Nonetheless, he may be substituted and subsequently discharged from his position, because it is his duty to give comprehensive knowledge of the subject but not just the development of religion as this is hardly appropriate.

If an educator is informed that one of his students is contemplating suicide, his first task would be talk to this person as soon as possible and tell about it to the school or college psychologist. Provided that this sophomore really displays the symptoms of depression, schizophrenia, anomie or any other mental disorder leading to self-homicide, she should be taken under the supervision of therapists, counselors or other medical workers. The main duty of the educator is to conduct preliminary assessment and attract people who are sufficiently qualified for the treatment of suicidal tendencies. The teacher can be deprived of his certificate if this girl takes her own life because he could avert this calamity by raising an alarm (Segall & Wilson, 2004). Nonetheless, he will not be brought to justice, because from legal standpoint suicide cannot be classified as a crime. In terms of law, there is no culprit to be called for account for her death.

Raymond. C (2000). Safety across the curriculum. Routledge.

Segall. W. Wilson A (2004). Introduction to education: teaching in a diverse society.

Rowman & Littlefield

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Understanding education as a right, 116328scr_india_pupils.jpg.

teacher rights essay

Education is not a privilege. It is a human right.

Education as a human right means:

  • the right to education is legally guaranteed for all without any discrimination
  • states have the obligation to protect, respect, and fulfil the right to education
  • there are ways to hold states accountable for violations or deprivations of the right to education

Human rights are inherent to all human beings, regardless of nationality, sex, national or ethnic origin, colour, religion, language, or any other status. They cannot be given or taken away.

Human rights are the foundation for freedom, justice and peace in the world.

They are formally and universally recognised by all countries in the  Universal Declaration on Human Rights  (1948, UDHR). Since the adoption of the UDHR, many treaties have been adopted by states to reaffirm and guarantee these rights legally.

International human rights law sets out the obligations of states to respect, protect, and fulfil human rights for all. These obligations impose specific duties upon states, regardless of their political, economic, and cultural systems.

All human rights are universal, indivisible, interdependent, and interrelated ( Vienna Declaration and Programme of Action , 1993, para. 5).

Equality and non-discrimination are foundational and cross-cutting principles in international human rights law. This means that all human rights apply to everyone.

International human rights law guarantees the right to education. The  Universal Declaration on Human Rights , adopted in 1948, proclaims in Article 26: 'everyone has the right to education'.

Since then, the right to education has been widely recognised and developed by a number of international normative instruments elaborated by the United Nations, including the  International Covenant on Economic, Social and Cultural Rights (1966, CESCR), the Convention on the Rights of the Child (1989, CRC), and the  UNESCO Convention against Discrimination in Education  (1960, CADE).

The right to education has also been reaffirmed in other treaties covering specific groups ( women and girls , persons with disabilities , migrants, refugees , Indigenous Peoples , etc.) and contexts ( education during armed conflicts ). It has also been incorporated into various regional treaties and enshrined as a right in the vast majority of national constitutions.

See our pages on international law and national implementation  for more information.

Both individuals and society benefit from the right to education. It is fundamental for human, social, and economic development and a key element to achieving lasting peace and sustainable development. It is a powerful tool in developing the full potential of everyone and ensuring human dignity, and in promoting individual and collective wellbeing.

  • it is an empowerment right
  • it lifts marginalised groups out of poverty
  • it is an indispensable means of realising other rights
  • it contributes to the full development of the human personality

For more details, see the Committee on Economic, Social and Cultural Rights'  General Comment 13 on the right to education  (1999, para. 1).

The right to education encompasses both entitlements and freedoms, including the:

right to free and compulsory primary education

right to available and accessible secondary education (including technical and vocational education and training), made progressively free

right to equal access to higher education on the basis of capacity made progressively free

right to fundamental education for those who have not received or completed primary education

right to quality education both in public and private schools

freedom of parents to choose schools for their children which are in conformity with their religious and moral convictions

freedom of individuals and bodies to establish and direct education institutions in conformity with minimum standards established by the state

academic freedom of teachers and students

The 4As were developed by the first UN Special Rapporteur on the right to education, Katarina Tomaševski, and adopted by the Committee on Economic, Social and Cultural Rights in its General Comment 13 on the right to education  (1999, para.6). To be a meaningful right, education in all its forms and at all levels shall exhibit these interrelated and essential features:

Available – Education is free and there is adequate infrastructure and trained teachers able to support the delivery of education.

Accessible – The education system is non-discriminatory and accessible to all, and positive steps are taken to include the most marginalised.

Acceptable – The content of education is relevant, non-discriminatory and culturally appropriate, and of quality; schools are safe and teachers are professional.

Adaptable – Education evolves with the changing needs of society and challenges inequalities, such as gender discrimination; education adapts to suit locally specific needs and contexts.

For more details see:

  • Primer 3  Human rights obligations: making education available, accessible, acceptable and adaptable (RTE, Katarina Tomaševski, 2001)

When a state has ratified a treaty that guarantees the right to education, it has obligations to respect, protect, and fulfil this right. Some obligations are immediate. Others are progressive.

Obligations to respect, protect, and fulfil:

  • respect: refrain from interfering with the enjoyment of the right (e.g., the state must respect the liberty of parents to choose schools for their children)
  • protect: prevent others from interfering with the enjoyment of the right usually through regulation and legal guarantees (e.g., the state must ensure that third parties, including parents, do not prevent girls from going to school)
  • fulfil: adopt appropriate measures towards the full realisation of the right to education (e.g., the state must take positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all)

Immediate and progressive obligations:

As with other economic, social and cultural rights, the full realisation of the right to education can be hampered by a lack of resources and can be achieved only over a period of time, particularly for countries with fewer resources. This is the reason why some state obligations are progressive, for instance, the introduction of free secondary and higher education.

However, no matter how limited resources are, all states have immediate obligations to implement the following aspects of right to education:

  • ensure minimum core obligations to meet the essential levels of the right to education, which includes prohibiting discrimination in access to and in education, ensuring free and compulsory primary education for all, respecting the liberty of parents to choose schools for their children other than those established by public authorities, protecting the liberty of individuals and bodies to establish and direct educational institutions
  • take appropriate steps towards the full realisation of the right to education to the maximum of its available resources. A lack of resources cannot justify inaction or indefinite postponement of measures to implement the right to education. States must demonstrate they are making every effort to improve the enjoyment of the right to education, even when resources are scarce
  • not take retrogressive measures. This means that the state should not take backwards steps or adopt measures that will repeal existing guarantees of the right to education. For instance, introducing school fees in secondary education when it had formerly been free of charge would constitute a retrogressive measure

States have the primary duty to ensure the right to education. However, other actors play a key role in promoting and protecting this fundamental right.

According to international law, other actors have responsibilities in upholding the right to education:

  • the role of multilateral intergovernmental agencies, such as UNESCO, OHCHR, UNICEF, is of particular importance in relation to the realisation of the right to education in providing technical and financial assistance
  • international financial institutions should play greater attention to the protection of the right to education in their policies, credit agreements, structural adjustment programmes and measures taken in response to the debt crisis
  • private businesses also have the responsibility to respect human rights and avoid infringing on the rights of others. For more information, see UN Guiding Principles on Business and Human Rights , Committee on Economic, Social and Cultural Rights' General Comment 24 , Committee on the Rights of the Child's  General Comment 16 , and our page on Privatisation
  • civil society plays a crucial role in promoting the right to education and holding the state accountable for its obligations
  • parents have the responsibility to ensure that their children attend compulsory education. They cannot deny their children access to education

Violations of the right to education may occur through direct action of States parties (act of commission) or through their failure to take steps required by law (act of omission). Concrete examples are given in paragraph 59 of General Comment 13 .

Whilst the vast majority of countries have ratified international treaties that recognise the full right to education, it is still denied to millions around the world due to lack of resources, capacity, and political will. There are still countries that have not integrated the right to education into their national constitution or provided the legislative and administrative frameworks to ensure that the right to education is realised in practice. Most of the children and adults who do not fully enjoy the right to education belong to the most deprived and marginalised groups of society which are often left behind in national policies.

  • raise awareness on the right to education. If individuals knows their rights they are empowered to claim them
  • monitor the implementation of the right to education and report regularly on deprivations and violations
  • advocate and campaign for the full implementation of the right to education, holding the state accountable
  • seek remedies when there are violations of the right to education

See our page on Using rights in practice  for more details on what you can do.

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Home » Articles » Topic » Rights of Teachers

Rights of Teachers

Written by David L. Hudson Jr., published on August 5, 2023 , last updated on May 8, 2024

Rights of Teachers

In American jurisprudence, public school teachers do not forfeit all of their First Amendment rights to free expression when they accept employment. In 1979, an African-American school teacher in a newly integrated school was fired after complaining privately to a superior about discrimination. The Supreme Court decided that public employees do not forfeit First Amendment protection just because they communicate privately to a superior. In this photo, a grammar school teacher teaches in an integrated class in 1969. (AP Photo, used with permission from the Associated Press)

In American jurisprudence, public school teachers, as public employees, do not forfeit all of their First Amendment rights to free expression when they accept employment. Both in pursuing and in imparting knowledge to others, public school teachers share some of the  academic freedoms  exercised by their college and university counterparts, albeit with limitations sometimes justified by the immaturity of their  students . The courts have ruled on several cases involving teachers’ expressive rights.

Pickering  established that teachers had First Amendment rights

In  Pickering v. Board of Education  (1968) , the Supreme Court ruled that an Illinois high school science teacher, Marvin Pickering, had a First Amendment right to send a letter to the editor of the local newspaper. Pickering had been dismissed for sending a letter that criticized the school board for its allocations of funds for academics and athletics. In his majority opinion for the Court,  Justice Thurgood Marshall  agreed that Pickering’s First Amendment rights had been violated. He wrote that “the interest of the school administration in limiting teachers’ opportunities to contribute to public debate is not significantly greater than its interest in limiting a similar contribution by any member of the general public.”

A year after  Pickering  the Court reiterated that teachers possess First Amendment rights in  Tinker v. Des Moines Independent Community School District  (1969) . Although  Tinker  involved student speech, the Court wrote, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

In  Givhan v. Western Line Consolidated School District  (1979) , the U.S. Supreme Court reinstated the First Amendment claim of a public school teacher in Mississippi who had been discharged after complaining to her principal about racial discrimination. The Court explained that a public school teacher does not lose her free speech rights simply because she chose to speak on an issue of public concern to her employer directly rather than to the public at large.

teacher rights essay

Although Tinker v. Des Moines Independent Community School District (1969) involved student speech, the Court wrote, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” In this 2013 photo, Mary Beth Tinker shows an old photograph of her with her brother John Tinker. When the school suspended the Tinkers for speaking out against the Vietnam War by wearing black armbands to school, they took their free speech case all the way to the U.S. Supreme Court and won. (AP Photo/Manuel Balce Ceneta, used with permission from the Associated Press)

Hazelwood  established that schools can regulate school-sponsored speech

Other courts, when evaluating teachers’ First Amendment claims, have looked to another case involving student speech as a precedent. In  Hazelwood School District v. Kuhlmeier  (1988) , the Supreme Court ruled that public school officials can regulate school-sponsored student speech as long as there is a legitimate educational purpose for their action.

Several lower courts have also applied Hazelwood to public school teachers for not appropriately monitoring their students’ classroom expression. In  Lacks v. Ferguson Reorganized School District R-2  (8th Cir. 1998) , the U.S. Court of Appeals for the Eighth Circuit ruled that a public school in Missouri could discharge an English teacher for failing to  censor  her students’ written works. Applying  Hazelwood , the Eighth Circuit wrote, “A flat prohibition on  profanity  in the classroom is reasonably related to the legitimate pedagogical concern of promoting generally accepted social standards.”

In  Miles v. Denver Public Schools  (10th Cir. 1991) , the Tenth Circuit Court of Appeals applied  Hazelwood  to conclude that a public school teacher could be disciplined for talking about declining discipline and passing along a rumor about students having sex on a tennis court. “Because of the special characteristics of a classroom environment, in applying  Hazelwood  instead of  Pickering  we distinguish between teachers’ classroom expression and teachers’ expression in other situations that would not reasonably be perceived as school-sponsored,” the appeals court explained.

Although the principle of academic freedom usually holds in university settings, the Eleventh Circuit Court of Appeals, in  Bishop v. Aronov  (11th Cir. 1991) , also used the  Hazelwood standard when evaluating the First Amendment claim of a university professor arising out of in-class instruction.

teacher rights essay

In this photo, Tammy Hawkins, editor of the Hazelwood East High School newspaper, Spectrum, holds a copy of the paper in 1988. The school was involved in a case that has been used to evaluate teachers’ First Amendment claims. In this case, the Court ruled that public school officials can regulate school-sponsored student speech as long as there is a legitimate educational purpose for their action. Several lower courts have also applied Hazelwood to public school teachers for not appropriately monitoring their students’ classroom expression. (AP Photo/James A. Finley, used with permission from the Associated Press)

Public employees no longer retain First Amendment protection for speech as part of their official duties

Teachers asserting a First Amendment violation must now clear an additional hurdle, as a result of the Supreme Court’s decision in  Garcetti v. Ceballos  (2006) . In  Garcetti  the Court ruled that  public employees  do not retain First Amendment protection for speech as part of their official job duties.

The question remains whether  Garcetti  should apply in the academic setting, where academic freedom introduces another level of constitutional concern. The majority acknowledged this distinction in stating “there is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court’s customary employee-speech jurisprudence.” Commentator Karen Daly notes that “Academic freedom is an ill-defined concept, especially when imported from the university campus to secondary and elementary schools.” Only time will tell which standard — the  Pickering  or the  Hazelwood  standard — will apply to the majority of public school teachers’ First Amendment claims and whether  Garcetti  will have an indelible effect.

Garcetti  has been used to limit classroom speech

Several lower courts have applied the  Garcetti  ruling broadly to limit teacher classroom speech.  For example, the Seventh U.S. Circuit Court of Appeals ruled in  Brown v. Chicago Bd. of Educ . (7 th  Cir. 2016)  that a public school teacher did not have a First Amendment claim when his principal disciplined him for using the N-word in a well-intentional lecture instructing students about not using racial slurs. Because of Garcetti, “Brown’s First Amendment claim fails right out of the gate,” the appeals court wrote. 

Many teachers have fared poorly in First Amendment lawsuits after being disciplined for social media posts. Many courts show deference to school officials in disciplining teachers for speech deemed inappropriate or likely to cause problems at school.   

The area of teacher free-speech rights is still evolving. Lower courts use a variety of standards from cases such as Pickering, Hazelwood, and Garcetti.  Supreme Court review would provide much-needed guidance. 

David L. Hudson, Jr . is a law professor at Belmont who publishes widely on First Amendment topics.  He is the author of a 12-lecture audio course on the First Amendment entitled  Freedom of Speech: Understanding the First Amendment  (Now You Know Media, 2018).  He also is the author of many First Amendment books, including  The First Amendment: Freedom of Speech  (Thomson Reuters, 2012) and  Freedom of Speech: Documents Decoded  (ABC-CLIO, 2017). This article was originally published in 2009.

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Teaching Controversial Issues: Teachers’ Freedom of Speech in the Classroom

Teaching Controversial Issues: Teachers’ Freedom of Speech in the Classroom

by Arlene Gardner

Executive Director, New Jersey Center for Civic Education

What is the purpose of education? The conventional answer is the acquisition of knowledge. Looking beyond this facile response, most people will agree that the true purpose of education is to produce citizens. One of the primary reasons our nation’s founders envisioned a vast public education system was to prepare youth to be active participants in our system of self-government.  John Dewey makes a strong case for the importance of education not only as a place to gain content knowledge, but also as a place to learn how to live. In his eyes, the purpose of education should not revolve around the acquisition of a pre-determined set of skills, but rather the realization of one’s full potential and the ability to use those skills for the greater good.

Democratic self-government requires constant discussions and decisions about controversial issues. There is an intrinsic and crucial connection between the discussion of controversial political issues and the health of democracy. If we want our students to become informed, engaged citizens, we need to teach them how to “do” democracy by practicing the skills of discussing controversial issues in the classroom and learning how to respectfully disagree.

Research has demonstrated that controversy during classroom discussion also promotes cognitive gains in complex reasoning, integrated thinking, and decision-making. Controversy can be a useful, powerful, and memorable tool to promote learning. In addition to its value in promoting skills for democracy, discussing current controversial public issues:

  • Is authentic and relevant
  • Enhances students’ sense of political efficacy
  • Improves critical thinking skills
  • Increases students’ comfort with conflict that exists in the world outside of the classroom
  • Develops political tolerance
  • Motivates students
  • Results in students gaining greater content knowledge.

(Diana Hess, Controversy in the Classroom: The Democratic Power of Discussion (2009); Nel Noddings and Laurie Brooks, Teaching Controversial Issues: The Case for Critical Thinking and Moral Commitment in the Classroom (2017); “Guardian of Democracy: The Civic Mission of Schools” (2011); Center for Research on Learning and Teaching, University of Michigan at https://crlt.umich.edu/tstrategies/ts d ).

Yet, teachers may consciously (or unconsciously) avoid controversial issues in the classroom because of the difficulty involved in managing heated discussions and/or for fear that parents will complain or that the school administration will admonish or punish them for “being controversial.” These concerns are certainly not groundless. How well are teachers protected from negative repercussions if they address controversial issues in their classrooms? How extensive are teachers’ First Amendment rights to free speech? How can heated disagreements among students be contained in the classroom?

Two different legal issues exist regarding free speech rights of teachers: The First Amendment directly protects a teacher’s personal right to speak about public issues outside of the classroom and “Academic Freedom” protects a teacher’s right and responsibility to teach controversial issues in the classroom.  However, both have certain limitations.

First Amendment Protection of Public Speech by Teachers

Although the First Amendment free speech protection is written in absolute terms (“Congress shall make no law…”), the courts have carved out several exceptions (for national security, libel and slander, pornography, imminent threats, etc.).  The courts have also carved out a limited “government employee” exception based on the rationale that a government employee is paid a salary to work and contribute to an agency’s effective operation and, therefore, the government employer must have the power to prevent or restrain the employee from doing or saying things that detract from the agency’s effective operation.  Thus, the government has been given greater latitude to engage in actions that impose restrictions on a person’s right to speak when the person is a governmental employee, which includes teachers who work in public schools.

Some of the earliest threats to the free speech rights of public school teachers were the loyalty oaths that many states imposed on government employees during the ‘‘red scare’’ and early ‘‘cold war’’ years of American history. In Adler v. Board of Education (1952), the Supreme Court in a 6-3 decision rejected First Amendment claims and upheld a New York statute designed to enforce existing civil service regulations to prevent members of subversive groups, particularly of the  Communist Party , from  teaching in public schools . The Supreme Court effectively overturned this ruling in the 1960s and declared several loyalty oath schemes to be unconstitutional because they had chilling effects on individuals which violated their First Amendment rights ( Baggett v. Bullitt (1964); Cramp v. Board of Public Instruction (1961); and Keyishian v. Board of Education (1967)).

Much of the reasoning regarding the “government employee” exception to the First Amendment outlined in Adler was abandoned altogether in the 1968 U.S. Supreme Court decision in Pickering v. Board of Education . Teacher Marvin Pickering had written a letter complaining about a recently defeated school budget proposal to increase school taxes. The school board felt that the letter was “detrimental to the efficient operation and administration of the schools” and decided to terminate Pickering, who sued claiming his letter was protected speech under the First Amendment. The U.S. Supreme Court held that Pickering’s dismissal violated his First Amendment right to free speech because public employees are entitled to the same measure of constitutional protection as enjoyed by their civilian counterparts when speaking as “citizens” and not as “employees.”

In Mt. Healthy City School District v. Doyle (1977), non-tenured teacher Fred Doyle conveyed the substance of an internal memorandum regarding a proposed staff dress code to a local radio station, which released it. When the board of education refused to rehire him, Doyle claimed that his First and Fourteenth Amendment rights had been violated. The court developed a “balancing test” that required the teacher to demonstrate that the speech act was a ‘‘substantial’’ or ‘‘motivating factor’’ in the administration’s decision and gave the school board the opportunity to demonstrate, based on the preponderance of the evidence, that the teacher’s speech act was not the ‘‘but for’’ cause of the negative consequences imposed on the teacher by the school board. Finally, the court would “balance” the free speech interests of the teacher and the administrative interests of the school district to determine which carried more weight.  Based on this test, the U.S. Supreme Court found that the teacher’s call to the radio station was protected by the First Amendment, that the call played a substantial part in the board’s decision not to rehire Doyle, and that this action was a violation of Doyle’s rights under the First and Fourteenth Amendments.

In a 5/4 decision in Connick v. Meyers (1983), the U.S. Supreme Court held that speech by public employees is generally only protected when they are addressing matters of public concern, not personal issues. Sheila Meyers was an Assistant District Attorney who had been transferred.  She strongly opposed her transfer and prepared a questionnaire asking for her co-workers views on the transfer policy, office morale and confidence in supervisors.  She was terminated for insubordination. Meyers alleged her termination violated her First Amendment right to free speech. The district court agreed and the Fifth Circuit affirmed. However, the U.S. Supreme Court reversed because Meyer’s speech only dealt with personal not public issues.  “When a public employee speaks not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest, absent the most unusual circumstances, a federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly in reaction to the employee’s behavior.” Although the case involved an Assistant District Attorney, it is applicable to all public employees: teachers must demonstrate that their speech is of public concern.

This was confirmed in Kirkland v. Northside Independent School District (1989) where the school district did not rehire non-tenured teacher Timothy Kirkland because of poor performance and substandard teaching evaluations. Kirkland filed a lawsuit in federal district court against Northside, claiming that he was not rehired in violation of his First Amendment rights after he gave his students a reading list that was different from Northside’s list. Northside argued that Kirkland had no right to substitute his list without permission or consent and he had failed to obtain either. The district court ruled in favor of Kirkland and Northside appealed. The Fifth Circuit Court of Appeals reversed and dismissed Kirkland’s complaint, holding that Kirkland’s “speech” did not infringe on any matter of public concern and was in fact “private speech.” If the nature of the speech is purely private, such as a dispute over one employee’s job performance, judicial inquiry then comes to an end, and the question of whether the employee’s speech was a substantial or motivating factor in the decision not to rehire him need not even be reached. The U.S. Supreme Court denied cert, leaving this decision in place.

Academic Freedom

Although primarily used in the context of university faculty rights, “Academic Freedom” protects a teacher’s ability to determine the content and method of addressing controversial issues in the classroom.  This is more limited at the K-12 level because the courts have long held the view that the administration of K-12 public schools resides with state and local authorities. Primary and secondary education is, for the most part, funded by local sources of revenue, and it has traditionally been a government service that residents of the community have structured to fit their needs. Therefore, a teacher’s “Academic Freedom” is limited to his or her content and method of teaching within the policies and curriculum established by the state and local school board. By finding no First Amendment violation, the court in Kirkland implicitly held that he had no right to substitute his own book list for the one approved by the district without permission or consent, which he failed to obtain. 

In an early case, following the end of World War I, Nebraska had passed a law prohibiting teaching grade school children any language other than English and Robert Meyer was punished for teaching German at a private Lutheran school. The court held that the Nebraska law was an unnecessarily restrictive way to ensure English language learning and was an unconstitutional violation of the 14 th Amendment due process clause (the 14 th Amendment had not yet applied the First Amendment to the states until Gitlow v.  New York in 1925) that exceeded the power of the state ( Meyer v. Nebraska , 262 U.S. 390 (1923).

“The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures-Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.” Justice Jackson in West Virginia Board of Education v. Barnett (1943)(holding unconstitutional a requirement that all children in public schools salute the flag).

The Supreme Court has more than once instructed that “[t]he vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools” ( Shelton v. Tucker (1960)). In Epperson v. Arkansas (1968)(a reprise of the famous 1927 “Scopes Trial”), the Arkansas legislature had passed a law prohibiting teachers in public or state-supported schools from teaching, or using textbooks that teach, human evolution. Sue Epperson, a public school teacher, sued, claiming that the law violated her First Amendment right to free speech as well as the Establishment Clause. A unanimous U.S. Supreme Court declared the state law unconstitutional. The Court found that “the State’s undoubted right to prescribe the curriculum for its public schools does not carry with it the right to prohibit, on pain of criminal penalty, the teaching of a scientific theory or doctrine where that prohibition is based upon reasons that violate the First Amendment.” Seven members of the court based their decision on the Establishment Clause, whereas two concurred in the result based on the Due Process clause of the 14th Amendment (because it was unconstitutionally vague) or the Free Speech clause of the First Amendment.

The Supreme Court, however, has not clearly defined the scope of academic freedom protections under the First Amendment, and commentators disagree about the scope of those protections. (See, e.g., William W. Van Alstyne, “The Specific Theory of Academic Freedom and the General Issue of Civil Liberty,” in  The Concept of Academic Freedom  59, 61-63 (Edmund L. Pincoffs ed., 1972); J. Peter Byrne, “Academic Freedom: A ‘Special Concern of the First Amendment’,” 99  Yale L.J.  251 (1989); and Neil Hamilton, Zealotry and Academic Freedom: A Legal and Historical Perspective (New Brunswick, 1998).  

Whatever the legal scope, it is clear that the First Amendment protection of individual academic freedom is not absolute. For example, in Boring v. Buncombe County Board of Education (1998), the Fourth Circuit Court of Appeals held that a teacher could be reprimanded (in this case transferred) because she sponsored the performance of a play that school authorities subsequently deemed inappropriate for her students and inconsistent with the curriculum developed by the local school authorities. This judicial deference toward K through 12 institutions often can be seen in cases involving teachers who assert that their First Amendment rights were violated when school administrators imposed punishments on them for engaging—while they taught their classes—in some form of expressive activity that the administrators disapproved.

The content

While cases about academic freedom, such as Epperson , involved state laws that limited or prohibited certain content being taught (in this case prohibiting teachers in public or state-supported schools from teaching, or using textbooks that teach, human evolution); New Jersey has taken a very broad approach to classroom content.  Since 1996, New Jersey has established state standards (currently called “Student Learning Standards”) that set a framework for each content area.  Unlike many other states, New Jersey does not establish a state curriculum but rather leaves this to local school boards. Subject to applicable provisions of state law and standards set by the State Department of Education, district school boards have control of public elementary and secondary schools.  How much protection do New Jersey teachers have when they address controversial topics?  Most First Amendment education cases in New Jersey involve students’ rights rather than teachers’ rights (e.g., school dress, vulgar language, threats, religious speech, equal access, See http://www.njpsa.org/documents/pdf/lawprimer_FirstAmendment.pdf ). However, several recent cases from the Third Circuit (which includes New Jersey) provide some parameters.

In Edwards v. California University of Pennsylvania (3rd Cir. 1998), a tenured professor in media studies sued the administration for violating his right to free speech by restricting his choice of classroom materials in an educational media course. Instead of using the approval syllabus, Edwards emphasized the issues of “bias, censorship, religion and humanism.” Students complained that he was promoting religious ideas in the class. The U.S. Supreme Court declined to review the Third Circuit’s summary judgement against Edwards, holding that a university professor does not have a First Amendment right to choose classroom materials and subjects in contravention of the University’s dictates.

A very recent decision regarding a New Jersey teacher confirms the fact that the First Amendment does not provide absolute protection for teachers in public schools to decide the content of their lessons if it is not within the curriculum set by the school district.  In Ali v. Woodbridge Twp. School District (3 rd Cir. April 22, 2020) a non-tenured public high school teacher at Woodbridge High School was teaching Holocaust denial to his students and was posting links to articles on the school’s website saying things such as, “The Jews are like a cancer” and expressing conspiracy theories accusing the United States of planning a 9/11-style attack. When the Board of Education fired Ali, he sued claiming that his employment was terminated on the basis of his race and religion, and that defendants had violated his rights to free speech and academic freedom, among other claims. The District Court rejected all of Ali’s claims, awarding summary judgment to the school board, and the Third Circuit affirmed.

These are extreme cases where a teacher is addressing issues that are NOT within the curriculum set by the university or within the state social studies standards and the local school district’s curriculum.  When teachers are teaching a controversial topic that is included in the New Jersey Student Learning Standards for Social Studies and their school district’s social studies curriculum, the existing case law seems to support the fact that they would be protected  by the Fourteenth Amendment, unless they are violating school policies that require teaching in a neutral, balanced manner that does not seek to indoctrinate students.

For example, what if a teacher wants to assign a research paper about the Stonewall Riots or the Lavender Project?     Since the history of LGBT rights is in the state standards and supposed to be included in local school district social studies curriculum, the Stonewell Riots and Lavender Project would be part of this history. This is not a situation like Ali where the materials were beyond the scope of the local curriculum (as well as being taught in an indoctrinating manner—see below). If the teacher fears that the topics will be controversial with the community, he or she should make the school administration aware of what he or she is planning to do.  Since here, what the teacher plans to teach is within the state standards and the local school district curriculum, the school administration should support the teacher.  If parents object, the real issue is one of policy (Should LGBT history be taught?), which is decided by the state and local boards of education, not the teacher. Therefore, the parents’ argument should be with the state and local boards of education.

What if a teacher wants to show scenes of an R-rated movie in the classroom (i.e. Revolutionary War scenes from The Patriot or D-Day from Saving Private Ryan?) Obviously, the American Revolution and Would War II are part of the state standards for U.S. History and in every local school district’s curriculum.  The movie scenes would need to relate to the district curriculum and the teacher should get prior administrative and parental approval if some movie scenes are going to be very graphic.

How should a teacher prepare lessons on Nazi Germany during the 1930s? Nazi Germany is also part of the state history standards and every school district’s curriculum. It should be taught in a way so that students can understand how the Nazis came to power and the prejudices they carried.  Some of the World War II footage and movies may be shocking but our students will not be able to become informed, engaged citizens if we hide the past from them.  

An ounce of prevention beforehand will help.  Before starting, teachers should be clear about the goal of their lesson: The classroom activities should encourage critical thinking. You are not trying to convince students of any particular point of view. Preview any materials, especially visual media which may be very powerful or provocative. Be aware of the biases of the sources of information that will be used by students.

Teaching Tolerance suggests in Civil Discourse in the Classroom that “Teachers can effectively use current and controversial events instruction to address a wide variety of standards and even mandated content. To do so, however, teachers must work carefully and incrementally to integrate this new approach in their classrooms.”  The University of Michigan’s Center for Research on Learning and Teaching offers guidance for how instructors (offered for college instructors but applicable for K-12) can successfully manage discussions on controversial topics. See Center for Research on Learning and Teaching, University of Michigan at https://crlt.umich.edu/tstrategies/ts d ). The 1940 “Statement on Academic Freedom and Tenure” of the  American Association of University Professors , suggests that teachers should be careful to avoid controversial matters that are unrelated to the subject discussed.

Before engaging students in an activity or discussion involving a controversial subject, tell your supervisor and/or principal what you are planning on teaching and, if necessary, reference the district policy on teaching controversial issues, explain the lesson’s connection with the district social studies curriculum and explain the goal and value of what you plan to do.  Then, consider the demographics of your community. If you anticipate that the topic of your lesson will be controversial with the community, send a note and/or talk with your students’ parents and/or the Parent Teacher Organization.

In an informative piece titled “Do You Have the Right to be an Advocate?,” published by EdWeek.org, Julie Underwood, a professor of law and educational leadership and policy analysis at the School of Education, University of Wisconsin-Madison, explains that the “district or the state can regulate employee speech during school hours or at school-sponsored activities to protect their own interests in instruction and political neutrality.” Despite the ambiguity in the laws protecting a teacher’s freedom of speech, Underwood concludes: “If it relates to the in class instruction and is age appropriate there is a good rationale for having a political discussion”.

Teaching in a Neutral or Balanced Manner

If the teacher has created a supportive, respectful classroom climate and built tolerance for opposing views, it will be easier to consider controversial topics. For example, considering historical controversies might be good background as practice for looking at current controversies. Establish a process and rules of adequate evidence or support so that the discussion is based on facts rather than simply opinions. To help maintain classroom order even when students are having heated disagreements, set clear rules for discussions or use activities that require students to use active listening skills when considering controversial issues, such as:

  • Continuum/Take a Stand
  • Civil Conversations
  • C3 Inquiries
  • Guided discussions
  • Socratic Smackdown
  • Moot courts—structured format for considering constitutional issues
  • Philosophical Chairs discussion
  • Legislative hearings—structured format for considering solutions to problems

Carefully consider how students are grouped if they are to work cooperatively.  Provide closure (which may be acknowledging the difficulty of the issue).

School boards work primarily through policies which set guidelines for principals, teachers, parents and students, as well as the district curriculum. To avoid a problem afterwards, the teacher should make sure that the controversial topic is within the state standards and the curriculum adopted by their local school board. Then the teacher should consult the school district’s policy regarding the teaching of controversial issues. Most school districts have a policy (usually #2240) that supports and encourages the teaching of controversial issues and sets guidelines for teaching controversial issues, including a process for dealing with challenges.  Although the language may differ, policies dealing with controversial issues generally focus on the need for the classroom lesson to be balanced, unprejudiced, fair, objective, and not aimed at indoctrinating students to a particular point of view.

Clearly, the type of indoctrination attempted by the teachers in the Edwards or Ali cases is beyond protected speech.  In addition to avoiding indoctrination, teachers should avoid telling a joke in the classroom that might imply a negative characterization of an ethnic group, religion or gender.  A “joke” that might be a put down of any ethnic group, religion or gender told in the classroom to students is never a good idea. It is not even a good idea for a teacher to post such a “joke” on Facebook because such speech might be considered as not addressing a matter of public concern and would not be protected by the First Amendment. However, using an historical photo, engraving or picture that included a negative image of an ethnic, racial or religious group might be okay in the context of examining what was seen as humor in the past and understanding the prejudice that existed during a particular time period. For example, when teaching about the Holocaust, a teacher might carefully use Nazi cartoons to demonstrate the high level of prejudice at the time. Another example might be using images of blackface or corporate ad campaigns to show racial attitudes when teaching about Jim Crow. The teacher does not need many examples to make the point. Know your audience. Choose carefully and be aware that certain advertising images from the Jim Crow era may offend some students in the class. The purpose of using controversial issues is important. At the core of deciding what a teacher should or should not say or do in the classroom is good judgment.

Should a teacher share his or her viewpoint on a controversial issue with the students?

Whether a teacher should share his or her opinion or viewpoint on a controversial issue will depend on the age of the students, if the opinion was requested by the students, and the comfort-level of the teacher.  A teacher’s opinion may have too much influence on younger students and should probably be avoided. What if a middle or high school student specifically asks for your opinion? Such “natural disclosures” in response to a direct question by a student should be accompanied by a disclaimer, such as “This is my view because…” or “Other people may have different views”.  If you prefer not to disclose your view, explicitly state that and explain why. Remember, the goal is to help students develop their own well-informed positions. Be mindful of your position as the “classroom expert” and the potential impact on the students. If you decide to disclose your own view, do it carefully and only after the students have expressed their views. Unrequested disclosures may be seen as preachy, or may stop the discussion. (See Hess, Controversy in the Classroom )

So, for example, should a teacher take a position on climate change?  In terms of content, climate change is in the state standards and should be in the local school curriculum. If parents disapprove of this topic, this disagreement is really with the curriculum set by the school board, not with the teacher.  However, the teaching strategy is important. Rather than taking a position, which may be seen as indoctrination or may simply stop the classroom inquiry, the better approach might be to have the students examine the issue and let the facts speak for themselves.  Let students use the facts that exist to construct their own arguments about whether or not climate change is the result of mankind’s use of fossil fuels in industry and transportation.  If the topic is presented in a balanced, neutral, non-indoctrinating manner, the teacher should not be subject to discipline. Objections by parents should be referred to the school administration because it is a matter of policy (Should climate change be taught?), which is decided by the state and local boards of education, not the teacher.

How should teachers address questions from students regarding Black Lives Matter and racial inequality? The ACLU in the state of Washington prepared a short online article, “Free Speech Rights of Teachers in Washington State” (NJ’s ACLU only has a publication about students’ rights) with a related hypothetical:  The teacher is instructed not to discuss personal opinions on political matters with students.  In a classroom discussion on racial issues in America, the teacher tells the class that he/she has recently participated in a Black Lives Matter demonstration.  Revealing this is the same as giving an opinion and may not be protected speech. Teachers can be disciplined for departing from the curriculum adopted by the school district and this would be a departure.

Can a teacher state that New Jersey is a segregated state when it comes to communities? Is the teacher stating this as a personal opinion or as a fact related to a topic of learning? There is no reason to simply state that NJ is segregated unless it is in the context of helping students understand and appreciate the history of segregation in NJ consistent with state standards and district curriculum. (For example, see “Land Use in NJ” and “School Desegregation and School Finance in NJ” for history, context and facts at http://civiced.rutgers.edu/njlessons.html ).

Is a teacher permitted to take a stand on the issue of removing public monuments? Assuming that this is part of a current events lesson, it would be better if the teacher remained neutral and let the students’ voice differing views. If the students all have one position, perhaps the teacher can take a position as “devil’s advocate,” but it should be made clear that this is what the teacher is doing.

Can a teacher assign blame to protests to specific groups or left or right extremist groups? Assigning blame is the same as a teacher giving his or her personal opinion. The better approach would be to have students look at the actions of specific groups and determine their appropriateness.

Can a teacher assign blame to Associate Justice Amy Coney Barrett regarding a Supreme Court decision that is 5-4 and against the teacher’s preference (i.e. Affordable Care Act, marriage, etc.).  Assuming that this is part of a classroom lesson about the Supreme Court, the teacher should refrain from “assigning blame” because this is expressing his or her opinion, but should instead let the students consider the reasoning and impact of the decisions.

Is a teacher permitted to criticize or defend the government’s policies or actions on immigration? Outside the classroom, a teacher has a first amendment right to express his or her views on public issues. As part of a classroom lesson about immigration, rather than criticizing or defending the government’s policies or actions on immigration, the better approach would be to present or let students research the history of immigration policy and its impact and let the students discuss and draw their own conclusions (For example, see “Immigration Policy and its impact on NJ” at http://civiced.rutgers.edu/njlessons.html ).

Can a teacher show a video clip from a specific news station (Fox, CNN) or assign students to watch a specific news program as an assignment?  As long as the purpose is not indoctrination to any particular point of view and the assignments are balanced. If the teacher wants students to see and compare various media views on the same topic, that would be a valuable classroom activity. (For example, see “Educating for Informed, Engaged Citizens” virtual workshop, for background on helping students understand bias in news, at the New Jersey Council for the Social Studies website at http://www.njcss.org/ ;  also see Choices Program at Brown University: Teaching with the News at https://www.choices.edu/teaching-with-the-news/ ;   and Constitutional Rights Foundation Fake News at https://www.crf-usa.org/images/pdf/challenge/Understanding-Fake-News1.pdf and https://www.crf-usa.org/images/pdf/challenge/Tackling-Fake-News.pdf ).

Conclusions

A teacher has a personal right under the First Amendment to share his view on public policy issues in public but NOT in the classroom.  A teacher sharing his opinion or viewpoint in the classroom may be seen as indoctrination. So, for example, teachers should avoid sharing personal views on one’s sexual preference, regarding a particular candidate, President Trump’s taxes, a decision by a Grand Jury, prosecutor, FBI on racial issues, etc. Your school district may even have an explicit policy that teachers should not discuss personal views on political matters in the classroom, in which case, this policy should be followed.  Everything a teacher says or does in the classroom should be considered based on the possible impact on the students.

This does not mean that teachers should avoid having students examine and discuss controversial topics. Encouraging the development of civic skills and attitudes among young people has been an important goal of education since the start of the country.  Schools are communities in which young people learn to interact, argue, and work together with others, an important foundation for future citizenship.  Since the purpose of social education is to prepare students for participation in a pluralist democracy, social studies classes NEED to address controversial issues.  Teachers have the right and the responsibility to help their students understand controversial topics and to develop critical thinking skills.  However, the controversial topics should relate to the broad scope of subjects included in the NJ Student Learning Standards and the local school district curriculum.  And controversial subjects should be addressed in a neutral or balanced manner, without any effort to indoctrinate students, but rather to help them develop the knowledge and skills they will need as workers, parents and citizens in a democratic society.

Background Materials

Meyer v. Nebraska, 262 U.S. 390 (1923)

West Virginia Board of Education v. Barnett , 319 U.S. 624 (1943)

Adler v. Board of Education, 342 U.S. 485 (1952)

Shelton v. Tucker, 364 U.S. 479 (1960)

Cramp v. Board of Public Instruction , 368 U.S. 278 (1961)

Baggett v. Bullitt, 377 U.S. 360(1964)

Keyishian v. Board of Regents , 385 U.S. 589 (1967)

Pickering v. Board of Education, 391 U.S. 563 (1968)

Epperson v. Arkansas , 393 U.S. 97 (1968)

Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977)

Connick v. Meyers, 461 U.S. 138 (1983)

Kirkland v. Northside Independent School District , 890 F.2d 694 (5th Cir. 1989), cert. denied (1990)

Bradley v. Pittsburgh Bd. of Educ., 910 F.2d 1172 (3d Cir.1990)

Boring v. Buncombe County Board of Education , 136 F.3d 364 (4th Cir. 1998)

Edwards v. California University of Pennsylvania, 156 F.3d 488 (3rd Cir. 1998), cert. denied, 525 U.S. 1143 (1999)

Ali v. Woodbridge Twp. School District , 957 F.3d 174 (3 rd Cir. April 22, 2020)

Keith Barton and Linda Levstik, Teaching History for the Common Good (Erlbaum, 2004)

Diana E. Hess, Controversy in the Classroom: The Democratic Power of Discussion (New York: Routledge, 2009)

Nel Noddings and Laurie Brooks, Teaching Controversial Issues: The Case for Critical Thinking and Moral Commitment in the Classroom (New York:  Teacher’s College Press, 2017).

William W. Van Alstyne, “Academic Freedom and the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review,” 53  Law and Contemp. Probs . 79 (1990)

ACLU-Washington at https://www.aclu-wa.org/docs/free-speech-rights-public-school-teachers-washington-state

American Association of University Professors, “Academic Freedom of Professors and Institutions,” (2002) at https://www.aaup.org/issues/academic-freedom/professors-and-institutions

Center for Research on Instruction and Teaching, University of Michigan at https://crlt.umich.edu/tstrategies/tsd

Choices Program at Brown University: Teaching with the News at https://www.choices.edu/teaching-with-the-news/

Constitutional Rights Foundation at https://www.crf-usa.org/

EdSurge at https://www.edsurge.com/news/2018-01-17-why-we-need-controversy-in-our-classrooms

Facing History at https://www.facinghistory.org/educator-resources

Find Law at https://www.findlaw.com/education/teachers-rights/teachers-different-freedoms-and-rights-article.html

Forbes at https://www.forbes.com/sites/jessicabohrer/2020/09/14/teaching-children-about-freedom-of-speech/#25cb6ff07101

John Goodlad, “Fulfilling the Public Purpose of Schooling: Educating the Young in Support of Democracy May Be Leadership’s Highest Calling,” School Administrator , v61 n5 p14 May 2004.

Jonathan Gould, Kathleen Hall Jamieson, Peter Levine, Ted McConnell, and David B. Smith, eds .  “Guardian of Democracy: The Civic Mission of Schools, ” Philadelphia: Annenberg Public Policy Center, 2011

Amanda Litvinov, “Forgotten Purpose: Civic Education in Public Schools, NEA Today, Mar 16, 2017 at https://www.nea.org/advocating-for-change/new-from-nea/forgotten-purpose-civics-education-public-schools#:~:text=Research%20into%20this%20long%2Dneglected,it%20holds%20for%20student%20achievement.

New Jersey Center for Civic Education (New Jersey lessons) at http://civiced.rutgers.edu/njlessons.html

New Jersey Law Journal at https://www.law.com/njlawjournal/2020/06/28/as-woodbridge-teachers-case-shows-facts-do-matter/?slreturn=20200929134110

New Jersey Principals and Supervisors Association at http://www.njpsa.org/documents/pdf/lawprimer_FirstAmendment.pdf

Phi Delta Kappa, “Do you have the right to be an Advocate?, at https://kappanonline.org/underwood-school-districts-control-teachers-classroom-speech/

Poorvu Center, Yale University at https://poorvucenter.yale.edu/teaching/ideas-teaching/teaching-controversial-topics

Teaching Tolerance at https://www.tolerance.org/magazine/publications/civil-discourse-in-the-classroom/chapter-4-teaching-controversy

Texas Association of School Boards at https://www.tasb.org/services/legal-services/tasb-school-law-esource/personnel/documents/employee_free_speech_rights.aspx

The First Amendment Encyclopedia at https://www.mtsu.edu/first-amendment/article/973/rights-of-teachers

U.S. Civil Liberties at https://uscivilliberties.org/themes/4571-teacher-speech-in-public-schools.html

Prepared by Arlene Gardner, Executive Director, New Jersey Center for Civic Education, Rutgers-The State University, Piscataway, NJ (2020)

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Human Rights Careers

5 Must-Read Essays on the Right to Education

When the United Nations adopted the Universal Declaration on Human Rights, Article 26 asserted that all people have the right to education. That right appears in other documents such as the Convention on the Rights of the Child (1989) and in treaties about women and girls, refugees, migrants, and others. Many constitutions around the world also list education as a right. However, the right to education isn’t always upheld. To understand more about education as a human right, and where and why it’s often not a reality, here are five must-read essays:

“ Girls Can Change The World – But We Have To Invest In Them First ” – Malala Yousafzai

Writing for Time Magazine in 2018, Malala Yousafzai’s essay details the importance of educating girls. It’s short, but like all of Malala’s writing, it’s impactful. She opens with the sobering statistic that 130 million girls are not in school. Despite promises at the United Nations to guarantee that every girl will get 12 years of education by 2030, donor countries either halted or decreased their giving for education. Malala expresses her discouragement, but remains hopeful, drawing attention to the Malala Fund and impact of local activists and educators.

The youngest Nobel Prize laureate, Malala is a Pakistani human rights activist, with a special focus on female education. In 2012, the Taliban attempted to assassinate her since she was already a well-known activist, but she survived. The attack and recovery made her a household name, and she won the Nobel Prize two years later. She is a writer and current student at Oxford University.

“ Is Education a Fundamental Right? ” – Jill Lepore

A relatively-unknown Supreme Court Case from 1982, Plyler v. Doe addressed questions about education, immigration, and if schooling is a human right. In her essay, Jill Lepore writes that this case could become much better known as various lawsuits filed on behalf of immigrant children enter the court system. These are the children who are separated from their parents at the border and deprived of education.  Using Plyler v. Doe as a guide along with the other cases both past and present, Lepore explores the issue of education as a fundamental right in the United States.

This essay appeared in the print edition of The New Yorker in September 2018 under the headline “Back to the Blackboard.” Jill Lepore is a professor of history at Harvard University and a staff writer for the New Yorker. Publications include the book These Truths: A History of the United States and This America: The Case for the Nation.

“ How to Improve Access to Education Around the World ” – Jan Lee

In this piece on the Triple Pundit platform, Lee takes a look at how Pearson, an education publishing and assessment service company based in the UK, is making an impact on education access around the world. In the United States, Pearson works on finding solutions for the social and economic problems that lead to low high-school graduation rates. Pearson also invests in low-cost private education around the world. The essay highlights how access to education can be improved through new educational technology for students with disabilities and outreach to underserved communities. Since this article was sponsored by Pearson, it doesn’t look at what other companies or organizations are doing, but it provides a good model for the kinds of actions that can help.

Jan Lee is an award-winning editorial writer and former news editor, whose work can be found Triple Pundit, JustMeans, and her blog The Multicultural Jew. On Triple Pundit, she’s written stories on a variety of topics, such as Leadership & Transparency, Data & Technology, and Energy & Environment.

“ Higher Education Is A Human Right ” – Heidi Gilchrist

It’s established that primary education is a human right, but what about higher education? In her essay, Heidi Gilchrist argues that it is. Looking specifically at the United States, her reason is that in order to access the American dream- which she calls the “ideal it [the country] was founded on” – people need higher education. As global society starts to depend more on technology and other complex systems, more and more jobs will require advanced degrees. In order to truly succeed and achieve their dreams, people will need higher education. Gilchrist offers another perspective on the issue, as well, writing that countries need people with advanced degrees to protect national security. Having higher education remain a luxury means only the wealthy can access it, and that harms a society in every regard.

Heidi Gilchrist is a Lecturer-in-Law at Columbia Law School and an Assistant Professor of Legal Writing at Brooklyn Law. In her previous career, she served as a national security analyst in the federal government, and as a laison to the FBI’s Joint Terrorism Task Force in New York City. She writes on national security and how it converges with human rights law and civil rights.

“ Public schools for private gain: The declining American commitment to serving the public good ” – David F. Larabee

In an essay that is both a history lesson and critical look at the pursuit of education as a “private benefit,” Larabee argues that this new view of schooling is dangerous. While in the past, school had been seen as a community where students of all backgrounds and finances mingle and receive opportunities, it’s morphing into just another capitalist arena. Wealthy parents are choosing private schools and focusing their resources there, while public schools and students struggle. School is becoming “a means of private advancement,” Larabee says, instead of a source of public good. This has serious long-term consequences.

David Larabee is a Lee L. Jacks Professor of Education, emeritus, at the Standard University Graduate School of Education. He describes himself as a “sociologically oriented historian of education.” He is also an author, most recently of 2017’s A Perfect Mess: The Unlikely Ascendancy of American Higher Education.

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About the author, human rights careers.

Human Rights Careers (HRC) provides information about online courses, jobs, paid internships, masters degrees, scholarships and other opportunities in the human rights sector and related areas.

EssayEmpire

Rights of teachers essay.

Cheap Custom Writing Service

Historically, teachers in the United States have had few rights other than those granted by local school boards. Public school teachers do not lose their constitutional rights when they sign a teaching contract; however, the courts tend to apply a balancing test when these rights are in conflict with legitimate school administration interests relating to the business of education. Teachers also are entitled to rights created by federal and state statutes. There has been considerable litigation since the mid-twentieth century over limitations imposed on teachers in and out of the classroom. As a result, the courts have defined the rights of teachers and permissible limitations on those rights and freedoms. Several federal acts provide additional protections via the Fourteenth Amendment, which prohibits states from depriving individuals “of life, liberty, or property, without due process of law.”

This entry looks at teachers’ rights in the areas of speech/expression, privacy, religion, and employment. The rights of teachers are complicated and may vary from state to state. Public School Law: Teachers’ and Students’ Rights, by Cambron-McCabe, McCarthy, and Thomas, is recommended for a more complete discussion of these rights.

Freedom Of Speech And Expression

Protected and unprotected speech.

The courts have both supported and restricted the free speech rights of public school teachers. In 1968, the U.S. Supreme Court ruled in Pickering v. Board of Education that teachers have a First Amendment right to express viewpoints on matters of public concern. In Pickering, a teacher sent a letter to a newspaper criticizing the actions of the local school board. The school board dismissed the teacher, claiming parts of the letter were false and damaging to the board. The Court ruled on behalf of the teacher but noted there were circumstances where a school board’s interests would take precedence.

The Court set up a test balancing a citizen’s interest and constitutional right to express views on matters of public concern and the state’s interest in providing public services such as education. A school board can dismiss a teacher for what the board considers offensive speech or expression if, after conducting a reasonable investigation, the evidence supports the board’s position that the expression is not protected speech. Unprotected speech includes expressing views regarding personal employment issues, comments or attacks on supervisors, or any expression that disrupts the activities of the school. Employers may also limit protected speech under reasonable time, place, and manner restrictions.

Curriculum Rights

Only school boards have the right to decide curriculum content. Teachers must get approval before using any unauthorized materials in the classroom or altering the approved curriculum in any manner. Teachers have the right to determine which strategies and methods are appropriate to use to teach the approved curriculum. Courts have generally looked at the age of the students, relevancy to course objectives, professional support, risk of school disruption, and community standards when evaluating the appropriateness of teaching strategies and materials.

Freedom Of Association Rights

The Supreme Court noted under Healy v. James (1972) that the right to associate, while not explicitly mentioned in the First Amendment, is implicitly included under freedoms of speech, assembly, and petition. Teachers and other public employees have the right to join political organizations, labor unions, and other types of groups. Teachers may also engage in political activities such as campaigning. They can discuss campaign issues as part of classroom instruction, but must make sure the discussion is fair and balanced. Teachers cannot use the classroom to indoctrinate students or campaign.

Generally, teachers cannot be punished or suffer negative employment consequences based on participation in political groups and activities. School officials can dismiss or sanction employees if political activities impair the employee’s job performance, or the individual’s job involves policymaking duties. In addition, state laws can prohibit or restrict public school teachers from holding certain elected offices.

Although teachers have the right to form or join unions, state law determines whether to recognize the union’s authority to engage in collective bargaining on behalf of its members. Nonunion teachers have the right to express their views at scheduled school board meetings regarding issues in negotiation between the board and teachers’ union. Except in limited circumstances, teachers do not have the right to strike.

Privacy Rights

Search and seizure.

The Fourth Amendment protects individuals from unreasonable searches and seizures by the government and requires a search warrant based on probable cause. The Supreme Court upheld warrantless searches of state employees under O’Connor v. Ortega (1987). The Court determined that state employers may search an employee’s office if the search is work-related and necessary to conduct the employer’s business. Public school teachers have a right to expect privacy when it comes to their desks and files on campus; however, school officials can search a teacher’s desk and files without a search warrant if there is reasonable suspicion that the search is necessary to carry out educational objectives. In order for such a search to be constitutionally valid, the Court will determine whether the educational objectives are more important than the teacher’s privacy expectations.

Drug And Alcohol Testing

School boards can require prospective teachers to submit to physical examinations as a requirement for employment. Court decisions regarding drug and alcohol testing of public employees indicate that this area of law is still changing. Courts have generally struck down state laws requiring mandatory drug testing of state employees unless the employee performs a safety-sensitive role. Court decisions have varied over what job duties constitute a safety-sensitive role in educational settings. Public school employees can be required to undergo testing where the employer has reasonable suspicion that an individual employee may be under the influence of drugs or alcohol; however, court decisions have varied with regard to what constitutes individualized suspicion and when state employees can be required to undergo drug tests where no suspicion exists.

Lifestyle Choices

Public school teachers have a privacy right to choose their lifestyle. The courts have held that school boards cannot dismiss or sanction an employee just because the board does not support the employee’s lifestyle choice. The board can restrict an employee’s personal and private behavior if the board finds that the teacher’s behavior negatively affects job performance or harms students. In Montefusco v. Nassau County (1999), the court ruled that the school board could impose sanctions against a teacher for possessing candid photos of minors in her home even though a criminal investigation did not find grounds for filing charges. This case and others indicate that school boards can fire a teacher based on evidence that would not support criminal charges; however, the courts have also ruled that rumor and innuendo are not sufficient grounds for dismissal.

Employment Rights

Protection against discrimination and harassment.

Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 (PDA) amendment to the Act prohibit discrimination practices in hiring, promotion, and compensation based on race, religion, national origin, color, gender, pregnancy, childbirth, or related medical conditions. Title VII and the PDA also make decisions regarding termination, contract nonrenewal, or denial of tenure that are based on gender, pregnancy, childbirth, or related medical conditions illegal. Employers can file for a bona fide occupational qualification (BFOQ) if they can show that discrimination based on religion, gender, or national origin is reasonably necessary for the operation of business activities. An BFOQ cannot cite race or color as occupation qualifications.

Employees have the right to work in an environment free from sexual harassment. The courts have defined sexual harassment as sexual advances, innuendoes, or demeaning gestures or acts that are repeated and unwelcome and based on gender rather than personal dislike or sexual orientation.

All employees have the right to work in an environment that is not hostile. The U.S. Supreme Court ruled that any conduct that reasonably interferes with a person’s ability to work, is intimidating, or is offensive may be hostile. The conduct cannot be merely offensive. The courts look at how often the conduct occurs, if the conduct is humiliating or physically threatening, and if the conduct interferes with the individual’s work performance. The Supreme Court ruled in Burlington Industries v. Ellerth (1998) and Faragher v. City of Boca Raton (1998) that employers can be liable for the actions made by an employee’s supervisor.

Disability Rights

The Rehabilitation Act of 1973 protects the rights of disabled individuals. Under this act, if an individual is otherwise qualified for a position with any program or activity receiving federal monies, the person cannot be disqualified solely based on a disability. The Americans with Disabilities Act of 1990 (ADA) requires employers to make reasonable accommodations for a qualified disabled employee; however, employers are not required to make any accommodation that results in undue hardship for the employer. Section 504 of the Rehabilitation Act of 1973 and the ADA establish criteria for determining if a person qualifies as disabled.

Termination, Dismissal, And Nonrenewal Rights

Tenured and probationary teachers are entitled to due process procedures if dismissed for cause. Tenure grants the teacher a property interest in employment with the school; therefore, school boards can dismiss a tenured teacher only for cause as defined by state law. Causes for termination and dismissal vary from state to state. Most states include incompetence, immorality, insubordination, unprofessional conduct, and neglect of duty as grounds for termination or dismissal. School boards must meet numerous requirements when terminating or dismissing teachers; for example, probationary teachers may be entitled to a hearing, depending on whether the dismissal involves certain rights or creates a situation whereby the teacher will be unable to find future work as a teacher or educator.

Nontenured teachers do not have any right of due process if the school board does not renew their contracts at the end of the contract period. It is common for state statutes to require notification of a teacher on or before a set date that his or her contract will not be renewed. Teacher contracts may be nonrenewed with or without cause, as long as the cause is not a constitutionally protected right.

Retirement And Benefits Rights

The courts have determined that employers cannot set up different requirements for retirement contributions based on gender. The Age Discrimination in Employment Act (ADEA) prohibits employers from setting a mandatory retirement age.

Unless state or local laws prohibit it, school boards may limit employee benefits, such as insurance and retirement benefits, to the legal spouses and dependents of the employee. The Defense of Marriage Act of 1996 allows states to deny employee benefits to same-sex partners who may have been legally married in another state or country.

Religious Rights

Public school employees have the right to reasonable accommodations to allow them to practice religious beliefs; however, the school does not have to make accommodations that may result in undue hardship on the school. Teachers do not have the right to indoctrinate students with a religious viewpoint inside or outside the classroom during normal school operating hours. It is permissible to teach about religion as long as it remains a topic and not dogma.

Bibliography:

  • Burlington Industries v. Ellerth, 524 U.S. 742 (1998).
  • Cambron-McCabe, N. H., McCarthy, M. M., & Thomas, S. B. (2004). Public school law: Teachers’ and students’ rights (5th ed.). Boston: Pearson Education.
  • Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
  • Healy v. James, 408 U.S. 169 (1972).
  • Montefusco v. Nassau County, 39 F. Supp. 2d 231 (1999). O’Connor v. Ortega, 480 U.S. 709 (1987).
  • Pember, D. R., & Calvert, C. (2007). Mass media law 2007– 2008. Boston: McGraw-Hill.
  • Pickering v. Board of Education, 391 U.S. 563 (1968).
  • Wohl, A. (2005). The extent and limitations of teachers’ rights. Human Rights: Journal of the Section of Individual Rights & Responsibilities, 32(4), 22–24.

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The right to education

Education is a basic human right that works to raise men and women out of poverty, level inequalities and ensure sustainable development. But worldwide 244 million children and youth are still out of school for social, economic and cultural reasons. Education is one of the most powerful tools in lifting excluded children and adults out of poverty and is a stepping stone to other fundamental human rights. It is the most sustainable investment. The right to quality education is already firmly rooted in the Universal Declaration of Human Rights and international legal instruments, the majority of which are the result of the work of UNESCO and the United Nations.    

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Teachers and the Law: Basic Rights and Duties of Educators

Read time: 19 minutes.

What are my responsibilities to report suspected child abuse?

State statutes on who is a mandated reporter of child abuse vary. There are states in which only select classes of individuals are mandated with the duty to report suspected child abuse. Such classes often include law enforcement officials, medical personnel, and educators. In other states, such as Utah, all adults are mandated reporters of child abuse. This imposes the duty on mandated reporters to report suspected conditions likely to lead to child abuse or neglect, which can also include psychological abuse.

Teachers should not wait to find clear evidence of physical injury before asking themselves whether they should visit with child welfare services or other agencies. The intent of these statutes is to encourage reporting and then let agencies determine whether the report has merit or not. Reporting in good faith, even if erroneously, is almost always protected by statute from legal repercussions for the reporting educator or person, even if the report is mistaken but made in good faith.

Failure to report suspected child abuse may invoke criminal penalties on mandated reporters. Most such statutes require that to be protected as a mandated reporter, a teacher must report to the nearest office of law enforcement or official agency of child protective services in the state. These agencies go by various names in different states. When deciding whether to report to the police or to a state agency, it may be preferable to report to the agency charged with protecting children because these agencies are often given a statutory duty to investigate such reports, whereas it may be discretionary for law enforcement agencies to pursue an investigation.

Reporting to the school counselor or to the principal alone usually does not protect the mandated reporter. It is wise to counsel with such professionals while developing your own suspicion of child abuse. However, protection from failure to report and its attendant legal penalties is usually only provided when reporting to law enforcement or the child protective services agency of the state.

There are some statutes that require suspicions that a school employee is abusing a child be reported to the school principal. The attendant penalty for failure to report focuses on the potential for professional discipline, not criminal penalties. Best practice is probably to counsel with the principal, and then if your suspicions continue after that report or conversation, also report to law enforcement or child protective services.

As a teacher, how do I protect myself from false accusations of child abuse or pedophilia?

Really, an attendant question would be “What are the behaviors that can sometimes be associated with pedophilia?” It is possible that during an educational career a colleague’s behavior may give you pause. From my experience, which covers some years, the associated behaviors of those who are accused of sexual impropriety with students fall into at least three major categories discussed briefly below. Avoiding these behaviors, in my opinion, offers the best defense against a false accusation being leveled against an innocent educator, and noting such behaviors in a colleague may invoke a duty on you to report if you suspect conditions likely to lead to child abuse.

  • Avoid regular and extended privacy with minor students, especially one-on-one. This is why we often have windows in doors of classrooms: to deny this privacy while allowing for some confidentiality and a quiet learning environment. Meet with students and spend time with them in the light of day and in open settings. I personally never have my office door completely closed at the university when I am with someone of the opposite sex or if I am ever with a minor. Let your colleagues know that this and/or other open practices are your constant habit and professional practice.
  • Maintain adult boundaries. Do not discuss dating or the student’s private life too extensively nor give too sympathetic an ear in such discussions, including relatively open discussions of their families and their relationships with their parents.
  • Don’t be misunderstood in terms of physical boundaries. While it is true that just receiving a hug from a young student isn’t necessarily problematic, especially if it is in group settings, it is good to recognize that pedophiles are known to “groom” victims. This usually entails beginning with apparently inoffensive and appropriate touching that grows in frequency and intensity. Ensure that it is clear to all that your behavior does not mirror such behavior. Also, making sure that you are not alone regularly with students in a setting that affords privacy will help reinforce the positive message you wish to convey.

What about student speech? How far can students’ speech be regulated? Do I have to put up with uncivil, indecent, or angry speech in order to protect students’ speech rights and my own rights as a teacher, balanced with the school’s right or duty to operate effectively?

Student speech is protected and regulated a bit differently from employee speech. Again, merely as a general overview, students do have the right of free speech in a public-school setting under the First Amendment. This was established back in the 1960s in this Supreme Court statement: “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” As a result of this decision, and in harmony with subsequent decisions, courts have generally held that you can’t restrict student speech based on an “undifferentiated fear” of disruption or problems from the speech. There must be an actual material and substantial disruption of the educational day and process, or there must be a robust reason to predict that there will be a material and substantial disruption.

However, in the 1980s, as a gloss on this reasoning, the Supreme Court held that a school can require that speech in the school setting fit the norms of civility for public discourse, and schools and teachers can insist that student speech not be hostile, uncivil, suggestive, or indecent. In other words, teachers do not have to put up with bad language in their classrooms and in other parts of the school setting and process. The court found that this was part of the educational function of the school: to teach and model civility and appropriate communication standards that students will encounter in the adult world. Such discipline and enforcement does not violate minors’ First Amendment rights in public school K–12 settings as long as no particular political or other appropriately stated—and age-appropriately discussed—viewpoint is repressed merely because of its viewpoint.

Another step that teachers and those engaged in pro-scribing student conduct must engage in is determining if a communication by a student is an “actual threat.” Regularly, students affirm that their speech—perceived as threatening, bullying, or hateful—was meant to be humorous. This can be a significant challenge when one considers the edgy types of “humorous” speech students are exposed to in media outlets, in presidential campaigns, and on TV programs. Generally, because of concerns regarding terroristic threats and state and district policies regarding bullying and cyberbullying, schools and teachers tend to err on the side of caution and take very seriously any speech that can reasonably be seen as threaten-ing, bullying, or inciting violence.

Unfortunately, in the cyber world speech is often stripped of context, vocal inflection, or other cues that help those receiving messages in person to detect humor. Parents and students will need to learn to be careful with forms of humor and settings for humor that could reasonably be misunderstood, because teachers and educators have wide latitude to discipline for such speech.

In 1988 the U.S. Supreme Court held that the school can disallow, censor, or edit speech that could reasonably be seen as “bearing the imprimatur” of the school (giving official approval/representing the school) as long as such speech regulation or suppression is based on a legitimate pedagogical purpose. Thus teachers and schools in most states can censor, disallow, limit, or edit student speech in the school newspaper, with the notable exception of at least Arkansas, California, Colorado, Iowa, Kansas, Massachusetts, and North Dakota—states that have provided additional protections for high school newspapers from administrative censorship.

In most states, however, school newspapers, the choice of drama productions, and—I would submit—even posters hung in visible places in the school can be censored or regulated if there is a legitimate pedagogical purpose and the speech could reasonably be seen as bearing the imprimatur of the school. The speech need only be likely to be perceived as speech of the school itself. It would clearly be a legitimate pedagogical purpose to censor speech that is indecent, that refers in a positive way to illegal drugs or alcohol consumption by minors, or that could be perceived—or misperceived—as racially discriminatory.

What are the limits of my speech rights as a teacher? Can I give my opinion regarding evolution, my favorite sports team, the next general election, or rap music?

Teachers are state employees, but they are also generally U.S. citizens, and if such employees are not citizens, their speech rights are still probably protected under the Fourteenth Amendment since they are still “persons” within the jurisdiction of the United States.

What are the limits of that protected speech? There is something known as the Pickering Balance from a 1968 United States Supreme Court case. This basically says that as an employee of the state, you have not totally lost your right to speak without fear of employment retaliation when speaking on a matter of public concern. However, the other side of the balance is that not all things you might wish to say about your public employer are matters of public concern. Even though your employer is a public school—and public schools are important in our democracy—you are not free to speak directly or rudely about individuals or matters germane only to the operation of the school unless you can tie it to a matter of public concern upon which any citizen ought to be allowed to comment.

The other side of the Pickering Balance, though, is that the school, as a public entity, gets to run reasonably efficiently as a business entity, even though it is a state entity, and does not have to allow all types of speech from employees without any consequence. So, in general, you can speak in the papers and in the lunchroom, and to some extent in the classroom, on your belief that the school board should seek a bond to build a new school or should not close a neighborhood school, etc. You can speak in public venues on whether you think the county should develop a park trail system, etc. These are clearly matters of public concern. However, aggressively telling your principal that you believe she or he is a bad person because you have not been provided with a preparation period at a certain time is not necessarily a protected matter of public concern, even if spoken in public.

What about “zero-tolerance laws” used to discipline students in public schools? Do I have to be a part of expelling a student whose parent unknowingly leaves a butter knife in the child’s lunch brought from home?

So-called “zero-tolerance laws” are intended to remove discretion from educators in dealing with some narrow areas of student conduct. Such laws became widespread in the 1990s because of a federal law that required all schools to suspend for one year any student who, for example, brought a gun to school. If the law is applied as intended, educators may have to help administrators apply these laws when a student possesses on school grounds, for whatever reason, an object fitting the definitions of the statute, often included in school district regulations with benign names, such as the district Safe School Policy. Teachers should become familiar with their district’s policy and definitions within the policy of items and behaviors that may be punished with a lengthy expulsion and those that must, mandatorily, be punished with a lengthy expulsion.

My experience is that most of the educators I deal with are loath to strictly apply the law to unreasonably punish a child or burden a child’s future by applying zero tolerance in instances that do not fit with their own discretionary ideas and values. It is hard not to applaud such shielding of kids from the impact of a relatively rigid and procrustean law or policy. However, teachers and administrators who feel it is a good idea to take the butter knife (actual case) or the tiny charm bracelet pistol (another actual case) or who remind the student who had been duck hunting and had left a shotgun in the gun rack of his pickup in the parking lot not to do it again (yet another actual case) rather than see the student expelled for an inordinately long time are the ones bearing the risk should such a student actually do harm with the object or weapon, or facsimile of a weapon, later. This is part of the reason that the American Bar Association has called for the repeal of zero-tolerance laws in schools, to return discretion to educators based on the facts of the case and the nature of the student’s culpability or danger to the school environment. So far, legislators have not responded by changing zero-tolerance statutes fundamentally in most instances.

At the very least you should know your district policy and know that a shielding educator—if a student does violence with the item that should have caused heavy penalties or does act violently after the behavior you let slide—may be in some legal jeopardy, especially if it becomes known that the educator was aware of the item or behavior. Educators who do not agree with these zero-tolerance laws and who do not wish to incur any risk to protect students would do well to obey such laws strictly for the present while focusing their energy on having such laws repealed, limited, or clarified.

For additional information, check out the BYU Education and Law Journal at digitalcommons.law.byu.edu/elj. This is a peer-reviewed law review that is a joint production of the Department of Educational Leadership and Foundations in the McKay School of Education and the J. Reuben Clark Law School. It is a highly respected journal with regular submissions from the most notable experts in the field. In many ways it is for specialists, but many articles are reasonably accessible to a teacher audience. If there are questions regarding the journal or submissions, Scott Ferrin is the faculty advisor to the journal.

Written by Scott Ellis Ferrin, JD, EDD

Photography by Bradley Slade

teacher rights essay

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Essay On Teacher

Explore the qualities that make a great teacher in our insightful essay on teachers – a must-read for educators, parents, and students alike.

essay on teacher

Table of Contents

Essay On Teacher (Set 1)

Essay on teacher (set 2), recommended book, essay on teacher (set 4), essay on teacher (set 5), frequently asked questions (faqs).

As a teacher, I understand that building relationships with students is of utmost importance. Not only are we educators; we’re mentors, role models, and guides as well – helping young people navigate the complexities of the world while offering support as they grow and learn. In this essay on teachers, we will explore all facets of this important profession; whether you’re a teacher yourself, a parent of students in our schools, or a student yourself this post will shed some light on this essential service and offer tips for becoming the best possible instructor possible!

We will explore what qualities make a great teacher, such as patience, empathy, and passion for learning. Additionally, we’ll address some of the challenges teachers are currently facing – from managing classrooms to dealing with difficult students and parents – before exploring what impact teachers can have both academically and personally on their students.

At the bottom of this post, you’ll find links to resources that can help you further explore teaching. These may include books, websites, or products designed to strengthen your teaching abilities while connecting with fellow educators.

So whether you’re an experienced educator looking to hone your craft, or an interested parent or student looking for more insight and information into this profession, we hope this essay on teachers will provide some insightful and educational materials. Let’s get down to work!

essay-on-teacher-playwayteacher

Teachers are special people who help us learn and grow. Teachers teach us the fundamentals such as reading, writing, and problem-solving; but more than that they inspire us to be kind, curious, and creative individuals.

A good teacher is patient and kind. They understand that learning can be challenging for everyone and always offer assistance when we need it or provide encouragement when we feel discouraged.

Teachers work tirelessly to create an atmosphere in their classroom where all children feel included and valued, encouraging us to work collaboratively, respect each other’s differences, and find peaceful solutions to problems.

As students and educators ourselves, we should express our thanks and appreciation for their hard work by working hard, being kind and respectful, and thanking them for all they do.

Remember, teachers are special people who make an enormous difference in our lives – take the time now to appreciate all they do! Let’s thank them for everything!

Teachers are like superheroes – with the power to transform our world through education. Their guidance inspires and motivates us all, helping us realize our fullest potential and reach it faster than ever before.

An exceptional teacher is someone who cares deeply for their students and wants them to succeed. They’re patient and understanding, taking time to get to know each student personally.

Teachers use their creativity and expertise to make learning fun and engaging for their students in the classroom, coming up with games, projects, and activities to help us understand complex ideas and concepts.

But being a teacher can be hard work; teachers spend long hours grading papers and planning lessons; they face challenges due to challenging students or limited resources – yet remain dedicated to both their craft and students.

Showing our appreciation for teachers can take many forms; listening carefully, asking thoughtful questions, and working diligently in class are all ways we can show our gratitude and show them we appreciate all they do for us. Additionally, saying thank you and showing how much we value their contributions can also show our thanks.

Conclusion Teachers are true superheroes in education; they shape our future through caring, creative teaching methods that lead to our success. Let’s thank them for all they do to make our world a better place!

Essay On Teacher (Set 3)

Teachers play an incredibly valuable role in our lives. They’re there to guide our growth and enable us to prepare ourselves for what lies ahead.

An amazing teacher is someone who is passionate about their subject matter and enjoys teaching it, with the ability to make even complex topics accessible and interesting for students.

Teachers play an essential part in our personal growth. They teach us fundamental values such as respect, kindness, and perseverance while inspiring us to pursue our dreams and believe in ourselves.

Teaching can be an exhausting career; teachers encounter unique challenges such as difficult students, tight budgets, and an ever-evolving curriculum. But teachers remain committed to making an impactful difference in the lives of their pupils every day.

Teachers deserve our thanks for showing respect, hard work, and engagement during class time. Additionally, it would be nice if we took time out of each day to thank them and acknowledge how much their efforts are appreciated.

Teachers are unsung heroes in our society, educating students and shaping our collective future one at a time. Let us all take the opportunity to thank them for all they do and show our appreciation for their hard work!

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ESSAYS & LETTER WRITINGFOR JUNIORS AND MIDDLE SCHOOL

teacher rights essay

Teachers serve as guides along our life’s path, leading us through challenges of learning and growth to discover our passions and advance our skills.

An exceptional teacher is someone patient, kind, and supportive. They understand the challenges associated with learning can be hard; everyone has unique strengths and weaknesses – yet still encourage us to keep trying when we become discouraged.

Teachers also help us develop vital life skills such as problem-solving, critical thinking, teamwork, and effective communication. In addition, they demonstrate ways to be contributing members of society while at the same time being responsible members.

No matter the obstacles they encounter such as long hours and limited resources, teachers still show up each day determined to make an impactful difference in the lives of their students. Their dedication is truly inspirational for us all.

Teachers deserve our appreciation for being respectful, engaged, and enthusiastic learners. We should thank them for all they do and express how much we value their hard work.

Teachers are indispensable guides on our life’s journey. They instill invaluable values and skills into us that we will carry throughout our lives, so let’s thank our teachers for helping us become the best versions of ourselves!

Teachers are champions of education, fighting tirelessly to ensure every child has access to learning and growth. Teachers inspire us all to be our best selves and strive towards reaching our dreams.

An incredible teacher is someone who demonstrates both enthusiasm and care for the subject being taught, resulting in learning that is exciting, and encouraging us to explore new ideas while encouraging critical thought.

Teachers play an essential part in our emotional growth. By creating a safe and welcoming learning environment where we can freely express ourselves without judgment from teachers, they help develop resilience and self-confidence by teaching us to trust ourselves and push through challenges to meet goals.

Teachers remain unsung heroes of society; shaping our future through one student at a time. Despite facing many obstacles such as limited resources and demanding schedules, they still work tirelessly to make a difference for their pupils. They truly make a positive contribution.

Respect, engagement, and enthusiasm can help us show our appreciation for teachers. Additionally, we should thank them for everything they have done to assist in our success and to improve society at large.

Teachers are the true heroes of education, fighting tirelessly to secure our society’s future. Their wisdom inspires challenges and supports us – helping us all be our best versions. Let’s thank our teachers for everything they do and honor their important efforts!

Essay On Teacher (Set 6)

Teachers are at the core of education, providing us with knowledge and skills that help prepare us for lifelong success. Teachers help us discover our interests and talents while leading us toward an enriching future that promises fulfillment and satisfaction.

An exceptional teacher is someone who embodies patience, kindness, and empathy; someone who connects with their students on an individual basis by understanding their unique challenges and providing assistance throughout their journey. An ideal learning environment should enable children to safely explore, take risks, and develop as individuals.

Teachers play an invaluable role in our social development. They teach us how to interact with others ethically and respectfully, building strong relationships while working effectively as a team. Furthermore, teachers foster an environment in which all of their students feel valued and respected for who they are as individuals.

Even when faced with limited resources and overcrowded classrooms, teachers still show up each day with great passion for their profession. Their commitment inspires us to be our best selves and have an impactful impact on the world.

Teachers deserve our appreciation for being responsible and respectful students, arriving on time, completing our assignments on schedule, and being open-minded toward learning new material. Additionally, we should thank them for their dedication and hard work; acknowledging how integral their role in our lives may be.

Teachers are at the core of education, providing us with the knowledge, skills, and guidance we need for success in life. Teachers are unsung heroes in society who work tirelessly to make an impactful difference in students’ lives – let’s thank our teachers and recognize their important work!

Hindi Essays & Letters

Conclusion Teachers are unsung heroes in society, shaping the minds of our youth to prepare them for brighter futures. Hopefully, these six essays on teachers have shed some light on the significant roles they play and inspired you to show your gratitude.

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What qualities make a great teacher?

A great teacher possesses qualities such as patience, empathy, and a passion for learning. They inspire students to be kind, curious, and creative individuals.

How do teachers contribute to students’ personal growth?

Teachers play a crucial role in students’ personal growth by instilling fundamental values like respect, kindness, and perseverance, and by inspiring them to pursue their dreams.

What challenges do teachers face in their profession?

Teachers face challenges like managing classrooms, dealing with difficult students and parents, and working with limited resources. Despite these challenges, they remain committed to making a positive impact on their students.

How can students show appreciation for their teachers?

Students can show appreciation by being respectful, engaged, and enthusiastic learners. Additionally, expressing gratitude through words and actions, such as asking thoughtful questions, is a meaningful way to appreciate teachers.

Why are teachers considered unsung heroes in society?

Teachers are unsung heroes because they work tirelessly to shape the minds of the youth, facing challenges like limited resources and demanding schedules, yet remain dedicated to making a positive difference in students’ lives.

What role do teachers play in social development?

Teachers contribute to social development by teaching ethical and respectful interactions, building strong relationships, and fostering an environment where students feel valued and respected for their individuality.

How can parents support teachers in their efforts?

Parents can support teachers by encouraging their children to be respectful and engaged in class. Additionally, staying involved in their children’s education and expressing gratitude for the teacher’s efforts are ways to provide support.

What impact can teachers have academically and personally on students?

Teachers can have a significant impact academically by imparting knowledge and skills. They contribute to students’ growth by instilling values, inspiring them to pursue their dreams, and building their confidence.

Why is teaching considered a challenging career?

Teaching is considered challenging due to managing diverse classrooms, facing limited resources, and adapting to an ever-evolving curriculum. Despite these challenges, teachers remain dedicated to their profession.

How can educators further enhance their teaching abilities?

Educators can enhance their teaching abilities by exploring resources such as books, websites, or products designed to strengthen their skills and connect with fellow educators. Links to such resources can be found at the bottom of the provided content.

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  • Teacher Essay for Students in English

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Importance of Teachers in Our Lives

Teachers are those who make children knowledgeable and cultured. A teacher is a beautiful gift given by god because god is a creator of the whole world and a teacher is a creator of a whole nation. A teacher is such an important creature in the life of a student, who through his knowledge, patience and love give a strong shape to a student’s whole life. 

A teacher shares academic knowledge, ethical values and assimilates moral values that help us shape our personality as better human beings. They represent an open book and try to share their life experience for a better tomorrow. A teacher has many qualities, they are efficient in their student’s life and success in every aspect. A teacher is very intelligent. They know how the mind of students gets concentrated in studies.

 During teaching, a teacher uses creativity so that students can concentrate on their studies. They are a repository of knowledge and have the patience and confidence to take responsibility for the future of the student. They only want to see their students successful and happy. Teachers are very prestigious people in the society, who through their magic of education, take the responsibilities of raising the lifestyle and mind level of the common people. 

Parents expect a lot from teachers. Teachers are the second parents who help the students balance their lives and spend the maximum childhood time. Just as our parents influence our childhood years, our teachers help shape us into the people we want to become when we grow up, having a huge impact on our lives. Students have complete faith in their teachers. In younger years, Students used to listen to their teachers more than anyone else as they used to spend more time with them than anyone else. 

The role of the teacher varies from class to game. A teacher is an important creature in everyone’s life who appears to do different things in our life. They are the creator of a wonderful future for our nation. 

Importance of a Teacher

A teacher has an important place not only in student life but also in every phase of life. They have all qualities which they distribute in their students. They know that not everyone has the same ability to receive, so a teacher observes all the abilities of each of their students and in the same way, they teach children. A teacher is a great listener of knowledge, prosperity, and light, from which we can benefit greatly throughout our life. Every teacher helps their students in choosing their path. Teachers teach their students how to respect elders. They tell their students the difference between respect and insult and many more. A teacher equips his/her student with the knowledge, skills, and positive behavior honored which the student never feels lost. The teacher makes them aware of how to use time and the restriction of time. A good teacher makes a good impression on his students. When any student makes a mistake, the teacher teaches them a lesson and also makes them realize their mistake. They teach us to wear clean clothes, eat healthy food, stay away from the wrong food, take care of parents, treat others well, and help us in understanding the importance of completing work. 

A teacher has many qualities which hold a special place in every student’s life. Teachers embrace various roles they are our friends when we get sad, our parents when we are hurt, and always good advisers. Teachers reward their students for their good work while sometimes punishing them for realizing the mistake to understand that this is not right for their lives.

Children’s future and present both are made by the teacher. He also enhances a good society by creating a good student throughout his life. Only a teacher knows what kind of association his student lives in and what kind of association he holds.

Teachers are great role models. The teachers influence students’ decidedness. For example, India’s most respectable President, Dr. APJ Abdul Kalam, achieved his position as a great aerospace engineer because of his teacher. Mr. Siva Subramania Iyer’s teachings on how birds fly influenced Dr. Kalam’s contribution to society.

Not only in the education field, but there are also numerous examples in sports too, where teachers played a vital role in shaping the career of the athletes. A notable example is batting maestro Sachin Tendulkar, who credits his coach and teacher, Mr. Ramakant Achrekar, for success. Like this, there are numerous examples in various fields of dance, music, acting, arts, science where teachers act as a pivotal role in shaping the life of their disciples.

Relation of Student and the Teacher

The relationship between the teacher and the student was very sacred in ancient times as education was so perfect. There are so many stories written in our scriptures that revolve around student and teacher relationships. Out of all those, the supreme sacrifice made by Eklavya is of prime importance and showcases a student’s dedication towards his teacher. 

Alas, This relation is lacking in recent times. Nowadays, it is considered a mere profession. It has become a business or source of income compared to earlier days where it was considered a noble profession. We should be conscious enough not to stain this noble profession and should not create an example that lifts people’s trust in teachers.

In India, we gave great importance to the teacher. According to the Indian concept, the teacher is the spiritual and intellectual father of the teacher. No education is possible without the help of the teacher. He is regarded as the “Guru” – a speculator, a companion, and a guide.

In ancient India, the transmission of knowledge was oral, and the teacher was the sole custodian of knowledge. The relationship between the teacher and the students was amiable and deep in ancient times. 

Hard Work is the Key to be a Teacher

It takes a lot of hard work to be a good teacher. First of all, always respect the elders and also obey them. Concentration should be increased toward society and education. To be a good teacher, one has a sense of unity in the heart, does not discriminate against anyone, everyone should be seen with a glance. They always encourage students, they never criticize their students. Develops a good interpersonal relationship with a student. One should always tell good things to their younger ones and always treat the classmate well, always take inspiration from the teacher.

The teacher has a huge contribution to our life. No one can developmentally, socially, and intellectually in their life without a teacher. Many teachers slap students, many give punishment but in the end, the teacher is never bad. It only depends on the way they teach, which is different for everyone and this creates a different image in the student’s mind. They do whatever just to make our future bright.

Every year, some teachers get honored. Teachers’ day is celebrated every year on 5 September, in memory of Dr. S. Radhakrishnan, India’s second President. India is a home ground of some great teachers like Dr. S. Radhakrishnan, Dr. APJ Abdul Kalam, Premchand, Swami Vivekanand, who have given some great lessons of life which are still in trend. On this day a special ceremony takes place in the school, in which students participate enthusiastically. A nation always honors all those teachers who help in eradicating ignorance of darkness. A teacher is an ocean of knowledge, we should keep acquiring knowledge on a subject for as long as possible.

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FAQs on Teacher Essay for Students in English

1. Why are Teachers are Important?

Teacher are building block of the nation. Children’s future and present both are made by the teacher. He also enhances a good society by creating a good student throughout his life.

2. What Makes a Good Teacher?

It takes a lot of hard work to be a good teacher. They always have to study and gain knowledge. To be a teacher good one have a sense of unity in the heart, do not discriminate against anyone, everyone should be seen with a glance.

3. What Should Be the Qualities to Be a Good Teacher?

Given are some qualities to be a good teacher

They always encourage students, they never criticize their students.

Develops a good interpersonal relationship with a student.

Imparts moral values and values of life.

Develop self-confidence in students.

4. When is Teacher’s Day celebrated and after whom?

Every year, teachers’ day is celebrated on 5th September, in memory of Dr. S. Radhakrishnan, India’s second President.

5. Give an example reflecting how a teacher shaped the life of their disciple.

One of the prominent examples is of our Ex-President, Dr. APJ Abdul Kalam. Dr. APJ Abdul Kalam achieved his position as a great aerospace engineer because of his teacher, Mr. Siva Subramania Iyer who introduced him to the science behind birds being able to fly.

Human Rights Essay for Students and Children

500+ words essay on human rights.

Human rights are a set of rights which every human is entitled to. Every human being is inherited with these rights no matter what caste, creed, gender, the economic status they belong to. Human rights are very important for making sure that all humans get treated equally. They are in fact essential for a good standard of living in the world.

Human Rights Essay

Moreover, human rights safeguard the interests of the citizens of a country. You are liable to have human rights if you’re a human being. They will help in giving you a good life full of happiness and prosperity.

Human Rights Categories

Human rights are essentially divided into two categories of civil and political rights, and social rights. This classification is important because it clears the concept of human rights further. Plus, they also make humans realize their role in different spheres.

When we talk about civil and political rights , we refer to the classic rights of humans. These rights are responsible for limiting the government’s authority that may affect any individual’s independence. Furthermore, these rights allow humans to contribute to the involvement of the government. In addition to the determination of laws as well.

Next up, the social rights of people guide the government to encourage ways to plan various ways which will help in improving the life quality of citizens. All the governments of countries are responsible for ensuring the well-being of their citizens. Human rights help countries in doing so efficiently.

Get the huge list of more than 500 Essay Topics and Ideas

Importance of Human Rights

Human rights are extremely important for the overall development of a country and individuals on a personal level. If we take a look at the basic human rights, we see how there are right to life, the right to practice any religion, freedom of movement , freedom from movement and more. Each right plays a major role in the well-being of any human.

Right to life protects the lives of human beings. It ensures no one can kill you and thus safeguards your peace of mind. Subsequently, the freedom of thought and religion allows citizens to follow any religion they wish to. Moreover, it also means anyone can think freely.

Further, freedom of movement is helpful in people’s mobilization. It ensures no one is restricted from traveling and residing in any state of their choice. It allows you to grab opportunities wherever you wish to.

Next up, human rights also give you the right to a fair trial. Every human being has the right to move to the court where there will be impartial decision making . They can trust the court to give them justice when everything else fails.

Most importantly, humans are now free from any form of slavery. No other human being can indulge in slavery and make them their slaves. Further, humans are also free to speak and express their opinion.

In short, human rights are very essential for a happy living of human beings. However, these days they are violated endlessly and we need to come together to tackle this issue. The governments and citizens must take efforts to protect each other and progress for the better. In other words, this will ensure happiness and prosperity all over the world.

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Advice for Choosing an Online J.D. Program

Online legal education is on the rise, but applicants should look before they leap.

Advice About Online J.D. Programs

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Online law programs enable students to have a more convenience and flexible option when earning their degree.

A small but growing number of law schools now offer law students the ability to earn a J.D. partly or fully online, which has undoubtedly made legal education more accessible for a range of students.

The American Bar Association, the professional organization that sets legal education standards, first allowed one-third of a law school's required credits to be taught online in 2018. Three years later, the organization opened the doors to fully online J.D. programs as the COVID-19 pandemic accelerated trends toward online education.

The ABA maintains a list of schools with partly or fully online J.D. programs. These programs differ in their rules, requirements and the student populations they serve.

Low-Residency, Hybrid and Online Programs

Only a few law schools offer fully online J.D. programs, including St. Mary's University School of Law in Texas and the University of Hawaii—Manoa Richardson School of Law .

More than a dozen other law schools offer partly online J.D. programs. Vermont Law School offers a "Reduced-Residency" J.D. program with in-person classes required only the first three semesters. Syracuse University College of Law in New York and the University of Dayton School of Law in Ohio blend online classes with brief in-person residencies.

Some law schools within major metro areas, like the Loyola University Chicago School of Law in Illinois and Seton Hall University School of Law in New Jersey, offer hybrid J.D. programs with weekend classes. Like traditional part-time law programs , these are best suited to local students who work full time.

The Pros and Cons of Online Law Programs

Many law students may balk at the idea of paying full tuition for online law school classes. Some worry that law schools see online education as a cash cow, allowing them to accept more students at lower cost. Law schools insist that online law programs present flexible options rather than a replacement for in-person programs, but that may change in time.

On the other hand, some law students are drawn to the convenience of joining class from home. Older law students may particularly appreciate the flexibility of online classes. Online options may also appeal to students with disabilities as well as those who live far from a law school. 

As the list of partly and fully online J.D. programs grows, applicants interested in pursuing an online law program should consider the following advice.

Know That Reputation Still Matters

Since the value of an online law degree in job markets is still untested, participants may want to stick with more well-known and well-regarded programs with strong alumni networks.

For example, there are benefits of attending law school in a state where you plan to practice that may not accrue to distance learners unable to participate in on-campus opportunities. 

Note Focus Areas

Be sure to choose a program that fits your career interests.

Many online law programs focus on specific areas. For example, the University of New Hampshire Pierce School of Law offers a hybrid J.D. program with a strong focus on intellectual property .

Consider Non-J.D. Options

Applicants who already have a J.D. or a foreign equivalent might instead consider an LL.M. , which is a master's degree in law. Many schools offer fully online one-year LL.M. programs focused on legal specialties like tax or international law .

Another option to consider is an online master's degree in legal studies , which usually takes one year as well. This program does not fulfill the legal education requirements to sit for the bar exam , although a few states offer other paths to legal practice.

Prioritize Hands-On Experience

Perhaps the aspect of legal education that graduates most value is the practical experience gained from working in small groups, legal clinics and volunteer activities on campus.

Without real-life interaction, it can be hard for online students to get this taste of life as an attorney. Before applying to an online program, make sure that it will offer experiential learning opportunities in some capacity.

Even if the benefits of in-person classes cannot be fully replicated online, the expansion of degree options may help serve law school applicants with different needs and interests. But applicants should consider such programs carefully to ensure they are worth the investment of time and money.

Tips to Boost a Law School Application

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About Law Admissions Lowdown

Law Admissions Lowdown provides advice to prospective students about the law school application process, LSAT prep and potential career paths. Previously authored by contributors from Stratus Admissions Counseling, the blog is currently authored by Gabriel Kuris, founder of Top Law Coach , an admissions consultancy. Kuris is a graduate of Harvard Law School and has helped hundreds of applicants navigate the law school application process since 2003. Got a question? Email [email protected] .

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    A teacher is a beautiful gift given by god because god is a creator of the whole world and a teacher is a creator of a whole nation. A teacher is such an important creature in the life of a student, who through his knowledge, patience and love give a strong shape to a student's whole life. A teacher shares academic knowledge, ethical values ...

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