Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Teachers' Rights: Overview

Teachers hold a unique position in the world of public education. They balance their roles as both educators and public employees. This balance brings various legal rights and freedoms into focus. These include constitutional rights, freedom of speech, and due process of law. Understanding these rights is crucial for teachers, school administrators, and students alike.

This section explores key aspects of teachers' rights in the context of education.

Teachers' Right to Free Speech

Teachers' rights to free speech have been a contentious issue throughout history. In the United States, the First Amendment to the Constitution plays a major role. It protects freedom of speech for all people, including teachers. But as teachers are public employees, their speech rights in the school context are not absolute.

In the landmark 1969 Tinker v. Des Moines case, the Supreme Court held that students do not shed their constitutional rights at the school gate. The ruling also acknowledges that school officials may limit speech in some situations. If the speech disrupts the educational process or infringes on the rights of others, it can be limited. The application of this principle to the rights of teachers continues to be a significant part of education law.

This balance creates a complex landscape for free speech. Schools must allow teachers to express their thoughts and opinions, but the concept of academic freedom has limits. The content taught by a teacher must be relevant to and consistent with the teacher's responsibilities. A teacher cannot promote a personal or political agenda in the classroom.

In their duties in school, a teacher should consider the age, experience, and grade level of the students. The court will use these factors to determine the latitude of academic freedom given to the teacher. School administrators also must maintain an effective, respectful, and inclusive learning environment.

Freedom of Expression

A leading case in First Amendment jurisprudence on protected forms of expression is Pickering v. Board of Education (1968). This case involved a teacher who lost his job when he wrote an editorial in the local newspaper critical of his employer. The Supreme Court held that the school had restricted the First Amendment rights of the teacher. The teacher was directed to speak on issues of public importance. The court reversed the dismissal of this teacher.

Based on Pickering and similar cases, there are some restrictions on the right to freedom of expression by teachers. Teachers may not make intentional or reckless false statements, nor can they disrupt the educational interests of the school district. Teachers also cannot undermine authority or adversely affect working relationships at the school.

Freedom of Association

Like rights to freedom of expression, public school teachers enjoy rights to freedom of association. This comes from the First Amendment's provision that grants citizens the right to peaceful assembly. In general, these rights permit public school teachers to join professional, labor, or similar organizations, run for public office, and enjoy other similar forms of association. However, teachers may have to ensure that participation in these activities is independent of their responsibilities to the school.

Freedom of Religion

The First Amendment and Title VII of the Civil Rights Act of 1964 protect against religious discrimination by school districts against teachers. Teachers may exercise their religious rights, but there are certain restrictions to such rights. This existence of restrictions is particularly relevant to public schools because public schools can't teach religion through the Establishment Clause of the First Amendment. 

So, for example, a teacher can be a practicing Christian, but the teacher can't preach Christianity in the classroom.

Teachers' Freedom From Discrimination

Teachers are protected from discrimination based on race, gender, and age. Discrimination based on disability or national origin is also prohibited. The Equal Protection Clause of the Fourteenth Amendment protects teachers at public schools. 

These forms of discrimination are also barred through the enactment of Title VII of the Civil Rights Act of 1964. This Act was amended in 1972 to include educational institutions. This law provides that it is an unlawful employment practice for any employer to discriminate against an individual. Prohibited discrimination is based on race, gender, age, disability, and national origin.

Title IX of the Education Amendments of 1972 provides more protections. This law protects against discrimination based on sex at educational institutions. Titles VII and IX also prohibit sexual harassment in the workplace. This protection is a cornerstone of education law. It ensures that all teachers receive fair treatment in public schools, regardless of their sex or background. School administrators and school officials must provide equal opportunities for all teachers.

A teacher who faces discrimination has several causes of action, but proof in some of these cases may be difficult to show. A teacher may bring a cause of action under Section 1983 of Title 42 of the United States Code. They can do this for deprivation of rights under the Equal Protection Clause or other constitutional provisions.

To succeed under a Section 1983 cause of action, the teacher needs to prove that the school had the deliberate intent to discriminate. A teacher bringing a claim under Title VII also has obstacles to overcome. They must show that the reasons given by a school for an employment decision were false. They also must show that discrimination was the actual reason for the decision and its effect on the teacher.

Protection From Discrimination Based on Age

Age-related rights for teachers ensure protection against discrimination for older educators. These rights ensure that teachers, who are often experienced teachers, are not unfairly targeted because of their age. This is considered in matters of teacher employment, promotion, or termination.

The Age Discrimination in Employment Act of 1967 protects teachers over 40 against age discrimination. Under this act, age may not be the sole factor when a school district terminates the employment of a teacher. If a teacher charges a school district with age discrimination, the school district has the burden to show that some factor other than age influenced its decision.

Protection From Discrimination Based on Pregnancy

Pregnancy rights in teaching protect educators from discrimination. This discrimination is based on pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act of 1978 protects teachers who are pregnant. Under this act, a school district cannot dismiss or demote a pregnant teacher based on their pregnancy. A district can't deny a job or promotion to a pregnant teacher based on their pregnancy.

Public schools must provide reasonable accommodations and cannot unfairly penalize pregnant teachers. These rights ensure that teachers can continue their professional duties and do so without compromising their health or family responsibilities.

Teachers' Right to Privacy

Privacy rights for teachers protect items like personal information, communication, and personal life. Teachers can expect a reasonable degree of privacy, but this is limited in the school setting. For instance, schools may check email or social media use if it relates to the school environment. Teachers' conduct outside of school can also be subject to scrutiny. This is true only if the conduct has a significant impact on their professional role or the school's reputation.

Courts will often support disciplinary action taken by a school district when a teacher's private life affects the integrity of the school district or the effectiveness by which a teacher can teach. For example, a teacher may get fired from their position for such acts as adultery or other sexual conduct outside marriage. Courts are hesitant to overrule the decisions of the school board.

Teachers' Right To Due Process of Law

Another crucial area of teachers' rights involves the due process of law. As public employees, teachers have the right to fair procedures about their employment statuses. Before a district can fire a public school teacher, school officials must give notice. They should give grounds for dismissal and also allow the teacher to respond.

These rights vary across state lines due to different state laws. For instance, New York grants tenured teachers the right to a formal hearing before they can lose their jobs. This law ensures that teachers are not removed from their positions for arbitrary or unfair reasons.

Teachers' Rights in Private Schools

The legal rights of teachers in private schools can differ significantly from those in public schools. In general, private school teachers do not enjoy the same level of constitutional protection since private institutions are not considered government entities. Rights to free speech and due process may not extend to teachers in these situations.

Getting Legal Help With Teachers' Rights

Navigating legal issues in education can be complex. Teachers facing legal challenges or seeking to understand their rights more fully should consider getting legal advice. Lawyers with experience in education law can provide clarity on specific issues. They can guide you through freedom of speech, discrimination, or employment disputes.

Speak with an education law attorney about your concerns about teachers' rights.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified education attorney to help you navigate education rights and laws.

Begin typing to search, use arrow keys to navigate, use enter to select
Copied to clipboard

Find a Lawyer

More Options