Teacher Rights and Responsibilities in a Public School District

Academic Freedom in the School Setting

Debates over academic freedom frequently involve questions such as whether the concept protects faculty members at a university level or students as well, whether academic freedom differs between public and private institutions, and the manner in which it should be enforced (Anderson, 2009). With respect to its legal foundation, Weidner (2003) advises that "academic freedom is not defined nearly as much as it is discussed. Although many assume that academic freedom is based in law, no one is quite sure what that law is" (p. 445). According to Galambos (2010), academic freedom specifically refers to "a civil right of academicians to engage in research, teaching, and scholarly production free from control or restraint from their college and university employers" (p. 1). Galambos also suggests that academic freedom includes the right to pursue primary research, even on a less-than-formal basis.

This point is reinforced by Tierney (2004), who emphasizes: "For many individuals, colleges and universities existed in large part to enable the search for truth by the faculty. Academic freedom codified the belief about the search for truth" (p. 161). Galambos further connects academic freedom to the freedom to conduct primary research, writing: "Connected to the right of tenure of office, the philosophical premise of academic freedom is the open investigation of data in search of objective facts and to engage in the inquiry process, apart from personal considerations" (p. 2).

The issue of academic freedom became the focus of several lawsuits during the latter half of the 20th century that shaped current approaches, including several seminal cases in support of academic freedom — notably Adler v. Board of Education, 342 U.S. 485 (1952) and Sweezy v. New Hampshire, 354 U.S. 234 (1957). However, the notion of academic freedom has received less protection in the post-September 11, 2001 environment, as illustrated by Garcetti v. Ceballos, 547 U.S. 410 (2006). Galambos concludes that "academic freedom must extend to the classroom, so that professors are afforded the opportunity to present all competing views on controversial issues" (p. 2).

Despite the tendency to restrict this concept to faculty only, academic freedom is also extended to students within the school district. This is reflected in the published goal of the district's Media Technology Academy: "To provide an environment of academic freedom where students are able to study, discover, and achieve as they examine real-world environments and collaborate with teachers and one another" (Media Technology Academy mission statement, 2013). Similarly, the Applied Engineering and Science Academy's description states: "The academy provides an environment of academic freedom where students are able to discover, evaluate, and achieve" (2007, p. 18).

According to Black's Law Dictionary (1990), freedom of association means the "right to peaceably assemble as guaranteed by the First Amendment of the U.S. Constitution" (p. 664), and freedom of expression means the "right guaranteed by First Amendment of U.S. Constitution, includes freedom of religion, speech and press" (p. 664). Because the Bill of Rights does not become inapplicable at the schoolhouse door, the district's Equal Education Opportunity policy stipulates that all pupils and students "shall be afforded due process of law, freedom of expression and association and the privacy of his or her own thoughts" (Equal Education Opportunity File Code 5145.4, 2004).

Freedom of Association and Expression

Black's Law Dictionary (1990) defines freedom of religion as "freedom to individually believe and to practice or exercise one's belief [In re Elwell, 455 Misc. 2d, 252]" (p. 664). As noted above, the district's Equal Education Opportunity regulation (File Code 5145.4, 2004) guarantees freedom of religion for all pupils and students pursuant to the First Amendment. The district's regulations also stipulate that "pupils shall respect the rights of other pupils to receive an education in an environment that is conducive to learning and personal growth. No pupil shall have the right to abridge another pupil's right to privacy or right to hold personal beliefs which are different from those of the mainstream" (p. 2).

Freedom of Religion and Religious Literacy

In addition, waivers to the school district's uniform policy are available pursuant to religious freedom laws. According to Board of Education Policy (File Code 5133), waivers are available "for those families who belong to a denomination or sect that has historical religious tenets that can be verified which preclude a student from wearing clothing other than the religious apparel: N.J.S.A. 18A:11-8" (p. 2).

Freedom of religion has been the source of a growing amount of distrust and suspicion among young people, placing teachers in an excellent position to address this lack of religious awareness and understanding. As Haynes (2011) argues, "If we hope to prevent religious discrimination and division in the United States, schools need to take religion seriously, not only to increase religious literacy, but also to promote religious freedom as a fundamental, inalienable right for every person" (p. 8).

The school district complies with all federal and state laws concerning employment (Board of Education Regulation No. R1400, 2010). All employees have the right to a copy of their job descriptions, which shall include: (a) the goals of the position as they relate to district goals; (b) the qualifications of the position holder, including the certificate and endorsement required and any other prerequisites such as possession of a license to operate a vehicle or machine; (c) the functions, duties, and responsibilities of the position; (d) the extent and limits of the position holder's authority; and (e) the working relationships of the position within and outside the school district.