Legal Guide - Freedom of Expression in K-12 Public Schools by Jaimie Burton https://padlet.com/jburton100/vjhz1v6xfm8ij4cd EDG 6305 Legal and Ethical Principles Module 7 en-us 2022-09-26 16:15:49 UTC 2022-09-30 01:55:22 UTC hello@padlet.com Slide 1 - Professional Perspective/Audience/Topic jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313987173 The professional perspective of this legal guide is that of a K-12 public school administrator. The purpose of this legal guide is to inform aspiring K-12 administrator, current K-12 administrator and all faculty/staff members of the laws that protect the rights of freedom of expression of students in K-12 public schools in Texas. Understanding the laws that support freedom of expression is critical for all administrators when making decisions and determining appropriate consequences. ]]> 2022-09-26 16:24:01 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313987173 Slide 2 - Interview jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313987545 The responses for this interview were provided by:
Dr. Hector Esquivel
Principal
Seguin High School   

1) Why is freedom of expression in K-12 public schools important in your role as administrator and/or how has it impacted your role?
It's funny you asked because we have recently faced issues regarding this topic. I enforced the policy that all students and faculty in our school will stand for the pledge (whether they say the words or not) and faced backlash from staff, parents and students. I had a number of parents turn in written letters stating that their students would not be standing for the pledge. I feel in recent years, due to heightened political issues, students are more inclined to take a side on topics and stand up for what they believe in. It is my role as an administrator to uphold standards of conduct while also making sure not to impede on student rights. 
2) What are some best practices in regards to freedom of expression in K-12 public schools?
  • Do not make on the spot decisions. Take the time to consider each request seriously before giving a quick yes or no.
  • Know the laws. If you have policies in place, make sure they do not impede on constitutional rights.
  • Learn from others. Administration is similar to being a classroom teacher. There is no reason to reinvent the wheel. Someone in your position has dealt with what you are going through. Do your research and learn from others. 
3) What is an emerging issue related to freedom of expression that educators should be aware of?
Social media is a sticky area. Many students and faculty for that matter have to constantly watch what they say, do and post on social media. When should the school step in, is a question all administrators should ask. Before taking any quick action steps, administrators need to know the reach of the school when it comes to social media postings.



]]> 2022-09-26 16:24:14 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313987545 Slide 3 - Professional Association jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313988264 This article provided by ATPE, describes the rights of parents and students, including the distinction between a student's individual freedom of expression rights and expression through a school-maintained forum. (Educators, 2020)

Educators, A. of T. P. (2020, May 4). Parent and student rights. Association of Texas Professional Educators. Retrieved September 29, 2022, from https://atpe.org/Legal-Benefits/Common-Legal-Questions/Parent-and-Student-Rights ]]> 2022-09-26 16:24:34 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313988264 Slide 4 - Current News Article jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313988624
  • School officials did not violate constitutional laws for dismissing a cheerleader from the team after liking a Twitter post. (Hudson, 2019)
  • The appeals court noted the uncertain boundaries of school authority over social media posts and off-campus student speech. (Hudson, 2019)
  • A reviewing court can decide on the school's immunity by determining if the law was clearly established. (Hudson, 2019)
  • The court noted that "a student must direct her speech towards the school community in order to trigger school-based discipline." (Hudson, 2019)


    • Hudson, D. L. (2019, November 14). Cheerleader loses student  free speech case over tweets. Retrieved September 29, 2022, from https://mtsu.edu/first-amendment/post/375/cheerleader-loses-student-free-speech-case-over-tweets 
    ]]>     2022-09-26 16:24:46 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313988624     Slide 5 - Current News Article jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313988903
    • The Supreme Court ruled in favor of a former high school cheerleader that argued she could not be punished for posting profanities to her social media. (Vogue & Cole, 2021)
    • This case highlights the struggle school officials have when handling free speech rights on-campus versus off-campus. (Vogue & Cole, 2021)
    • This was a rare win for students fighting freedom of expression at the Supreme Court and could helps identify where to draw the line if they allow schools to discipline students for speech directed at the school that occurs off-campus. (Vogue & Cole, 2021)


    Vogue, A. de, & Cole, D. (2021, June 23). Supreme Court sides with high school cheerleader who cursed online | CNN politics. CNN. Retrieved September 29, 2022, from https://www.cnn.com/2021/06/23/politics/supreme-court-first-amendment-cheerleader/index.html 
    ]]>     2022-09-26 16:24:55 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313988903     Slide 13 - Recommendations/Best Practices for Compliance jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313989482 Some tips for best practices for school administrators in regards to student expression are: 

    • Inform students and faculty of their constitutional rights while on-campus and off-campus. 
    • Build a school culture of inclusion and cultural diversity.
    • Reiterate campus vision and values and how they can be impacted.
    • Provide resources to help students and staff reiterate inclusion.
    • Support students and staff by allowing all voices to be heard. 
    • Be prepared to speak up if actions do not align with the campus vision and values or cause a disruption to daily operations.
    • Provide opportunities through activities, organizations, and/or public forums to facilitate dialogue.
    • Be an active listener when students and faculty raise concerns. 
    • Be a model for what freedom of expression looks like. 
    • If you are not sure what to allow, take time to research!
    • Learn from others.

    ]]>     2022-09-26 16:25:15 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313989482     Slide 12 - Personal Connection jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313989695 The laws in this Legal Guide have protected my rights as a student and an educator to speak freely.  During the pandemic and our last presidential election, many people took to social media to state and defend their views on some extremely heavy topics. I have always struggled with whether or not to respond to certain comments due to my profession and the consequences I may face if someone finds my comments "unethical" or whatever the case may be. It takes me back to when I was a cheerleader in high school and someone turned in a photo of my teammates and me from an off-campus event with crop tops on. The person felt like our clothing was too revealing and because we were cheerleaders, we were held to a higher standard and therefore were placed on a two week probation. Learning more about the laws, if I knew then what I knew now, I would have fought that probation used the First Amendment (U.S. Const. amend. I) to help my case. As a future principal, I have learned the importance of not making quick decision and that the law comes before any rule or policy that I may want to implement. Freedom of expression is a constitutional right that cannot be stripped away from students or staff in my school. ]]> 2022-09-26 16:25:22 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313989695 Slide 11 - Ethical Principle jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990017 The Texas Educators' Code of Ethics (Tex. Admin. Code §247.2.1.7) states that the educator shall comply with state regulations, written local school board policies, and other state and federal laws.

    • This law is an umbrella law that ensures that all educators are following state and federal laws including but not limited to the First Amendment (U.S. Const. amend. I).

    Tex. Admin. Code §247.2.1.7
    ]]>     2022-09-26 16:25:33 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990017     Slide 9 - Administrative Law jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990162 Texas Administrative Code 110.57 (Tex. Admin. Code §110.57) states that students giving speeches must analyze the ethical responsibilities that accompany freedom of speech.

    • This law protects the First Amendment (U.S. Const. amend. I) right of freedom of speech, however, sets the limitation of the student by making sure they understand the ethical responsibilities.

    Tex. Admin. Code §110.57
    ]]>     2022-09-26 16:25:40 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990162     Slide 10 - Local Administrative Law jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990357 The Seguin ISD Student/Parent Handbook states that a parent may request that his or her child be excused from participation in the reciting the Pledge of Allegiance to the U.S. flag by providing a written request.

    • Although district policy requires students to stand during the daily recital of the Pledge of Allegiance to the U.S. flag, the handbook protects freedom of speech by allowing students to opt out under certain circumstances with a written request made by the parent.


    Seguin Independent School District. (2022-2023). Student/Parent Handbook. Seguin, Texas.
    ]]>     2022-09-26 16:25:46 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990357     Slide 8 - Judicial Law jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990566 The US Supreme Court case, Tinker v Des Moines Independent Community School District (Tinker v. Des Moines. 393 U.S. 503. U.S. Supreme Court, 1969), ruled that students "do not shed their constitutional rights to freedom of speech or expression in school."

    • A principal warned students that they would be suspended if they wore black armbands to school. Some students wore the armband and were suspended.
    • Students nor staff shed their First Amendment Rights (U.S. Const. amend. I) in the schoolhouse. 

    Tinker v. Des Moines. 393 U.S. 503. U.S. Supreme Court, 1969

    U.S. Const. amend. I

    Facts and case summary - tinker v. Des Moines. United States Courts. (n.d.). Retrieved September 29, 2022, from https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-tinker-v-des-moines#:~:text=In%20a%207%2D2%20decision,speech%20might%20disrupt%20the%20learning 
    ]]>     2022-09-26 16:25:54 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990566     Slide 7 - Statutory Law jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990836 Texas Education Code 51.9315 (Tex. Educ. Code §51.9315) protects the expressive rights of persons guaranteed by the Constitution of the United States and the Constitution of the State of Texas.

    • Recognizes the freedom of speech.
    • Anyone engaging in expressive activities is allowed as long as the person's conduct is:
      • Not unlawful; and
      • Does not substantially disrupt the functioning of the campus. 

    Tex. Educ. Code §51.9315
    ]]>     2022-09-26 16:26:00 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313990836     Slide 6 - Constitutional Law jburton100 https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313991507 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (U.S. Const. amend. I)
    • The First Amendment (U.S. Const. amend. I) applies to public schools. 
    • Students are citizens and are guaranteed the rights protected by the First Amendment (U.S. Const. amend. I). 
    • School officials are able to limit the rights protected by the First Amendment (U.S. Const. amend. I) for specific circumstances. 

    U.S. Const. amend. I 
    ]]>     2022-09-26 16:26:25 UTC https://padlet.com/jburton100/vjhz1v6xfm8ij4cd/wish/2313991507