Chapter 8 – Teacher Freedoms

Chapter Notes

 Public school teachers do not relinquish their rights as a condition of accepting an

employment position in the public schools.
 Teachers are subject to reasonable restraints only if a legitimate, defensible rationale is
established by the school district.
 Procedural due process-state may not deprive any person of life, liberty, or property,
without due process of law.
 Substantive due process—state must have a valid objective when it intends to deprive a
teacher of life, liberty, or property, and the means used must be reasonably calculated to
achieve its objective.
 Teachers enjoy rights to freedom of expression under the First Amendment.
 First Amendment also guarantee citizens the right to peacefully assemble. Same rights
and privileges as other citizens.
 Freedom of association—grants people the right to associate with other individuals of
their choice without threat of punishment.
 Elfbrandt v Russel case
 Keyishian v Board of Regents of University of State of NY case
 Erb case involving adulterous activity.
 Family and Medical Leave Act (FMLA)—eligible employees up to a total of twelve work
weeks of unpaid leave during any twelve-month period for one or more reasons:
o Birth and care of the newborn child of the employee.
o Placement with the employee of a son or daughter for adoption or foster care.
o Caring for an immediate family member with a serious health condition.
o Medical leave when the employee is unable to work because of a serious health
condition.