1. Discriminate between a public concern and a personal concern.

public concern: sometimes protected speech that relates

to a matter of political, social, or other concern to the
community.
personal concern: non protected speech that directly reflects
personal views or interests
2. Differentiate between curricular and noncurricular speech.
Curricular Speech: retains the most restrictive format for
teachers, and highest amount of control for school boards.
Academic freedom is modest as best for secondary and elementary
teachers.
Noncurricular Speech: A teachers non curricular speech is
subject to rules similar to the Tinker test. Does it distract or disrupt
the objective of the curriculum
3. Identify areas that cannot be taught in the classroom.
Teachers may not refer to personal interests, religious views or
teach in a manner that does not support the pedagogy of the school
district.
4. Determine when noncurricular speech is protected.
Noncurricular speech is protected when it does not disrupt the
school or its students or when it does not take away from the goals of
the district and did the conversation address a matter of public
concern
5. List the two types of privacy issues.
Information that employees do no want to share
When schools seeks to control their employees lives and
interests and behaviors

6. Indicate what employees may search concerning teachers and

their property.
Employees may be subject to drug testing, UA, vehicle and
class room searches if warranted, surveillance of email and other
technology as well.
7. Differentiate between Overt and Covert DTI
OVERT= openly bases difference or treatment based on race or
gender
COVERT= Covertly or HIDE difference in treatment based on race
or gender
8. Identify when districts do not have to accommodate an emploee's
religious activities.
Employees may enjoy the same rights protected by the first
amendment that do not infringe on others or distract from the
impressionable students. They may not request extra days off or
make curriculum requests based on religion
9. List the four areas a plantiff must show in discrimination cases by
the McDonnel Douglas framework.
* Complainant must carry initial burden
* Employer must validate reason for the employees rejection
* Employee must then show this reason is discriminatory in nature
10. Determine what schools must provide for a disabled employee.
Modifying facilities, equipment, work schedules, job restructuring.
Also, schools must put a good faith effort into working
employees with disabilities to find reasonable solutions.

11. Explain age discrimination.

Any intentional difference in treatment based on age
Teachers should not be punished merely for expressing their views on
controversial subjects. If teachers' statements are constitutionally
protected, they cannot be reprimanded, transferred, or otherwise
disciplined for making those statements. On the other hand, courts
have held that the First Amendment does not protect a teacher's false
and reckless accusations, statements to the press about a personnel
matter under investigation, scornful and abusive personal attacks on
school officials, repeated criticism of teaching assignments and
evaluations or public disclosure of confidential information.
Furthermore, the Supreme Court ruled that if a teacher speaks, not as
a citizen about matters of public concern but as an employee about
matters of personal interest, such views are not protected. Because
judges have differing notions of what constitutes "a matter of public
concern," and because they weigh the rights of teachers and the
interests of the schools differently, the outcome of a close case may
vary from one court to another. The ruling is determined on a case-bycase basis depending on such factors as the importance of the issue
that was raised, the likelihood that the speech would result in
disruption, and the degree and nature of disruption that actually
occurred.
Teachers can discuss controversial issues that stimulate intellectual
thought, but the issue should be a part of the curriculum established
by the district. Teachers do have to be aware of their privacy, morality,
and lifestyle issues. Administrators need to know their rights in dealing
with employee searches and investigations, drug testing, and/or
psychiatric testing.
Be well aware of the Civil Rights Act of 1964 and 1991. Pregnancy
Discrimination Act of 1978, Equal Employment Opportunity
Commission (EEOC), Americans with Disabilities Act of 1990, and the
Age Discrimination in Employment Act of 1978. Pay attention to what
teachers can or cannot do as far as religion. And last, but not least,
know what Quid Pro Quo and hostile environment refer to.
Important cases:
Garcetti v. Ceballos

Pickering v. Board of Education

Wygant v. Jackson Board of Education
Richardswon v. Lamar County Board of Education
Summary and Reflection:
The chapter covers a wide range of content most dealing with
teachers rights and limitations. I especially took note to the public
concern and private concern portions as I feel these are continually
evolving and changing in education. It seems that as society continues
to develop and parenting becomes more strictly monitored that the
definitions of public and private concern have drastically changed in
the last 25 years and even so in the last 10. This is incredibly
intriguing to me as it continually calls for constant revisions of what
standard operating procedure are. We all have seen it or heard it
today, When I was in school Even for me as a young teacher I can
recall things being drastically different in my educations just 10 years
ago. I appreciated this chapter as I felt it did take some grey out of
tough conversations as long as they supported the districts educational
goals and were of educational, community, or local significance.
In reflection I find this chapter the most readily applicable so far.
While other chapters have been preventive and informative in nature
they have not offered the immediate gratification that this chapter
offers. The gratification comes from the understanding of where
teachers rights are, what their limitations are and in what ways they
may be both monitored and protected. While some of the information
was intimidating relating to surveillance, covert and overt DTI, drug
testing etcit is also comforting to know that schools may take
reasonable measure to ensure that their schools are safe and
employed by individuals who properly represent the district. Lastly, I
felt that while this chapter addressed many areas regarding the
employment and employing of teachers its most clear message was to
promote professionalism for both instructor and administrator. It
seems that when teaching and administering is done with
professionalism at heart and that many of the mentioned problem
areas can be easily avoided. However, professionalism will never be
the end all of religious concerns, difficult teacher conversations,
employees with disabilities, or curricular decisions. In all an
enlightening, informative chapter, containing subjects that can be
either a non-issue for administrators or likewise a series of major
nightmares.