Due Process Clause of the 14th Amendment states: that "[n]o state shall... deprive any person of life, liberty, or property, without due process of law." In a series of cases, the Supreme Court interpreted "liberty" to include the right of parents to have control over the upbringing of their children. (See Prince v. Massachusetts, 321 U.S. 158, 166 (1944); Pierce v. Soc'y of the Sisters, 268 U.S. 510, 534-35 (1925); Meyer v. Nebraska, 262 U.S. 390, 399 (1923)).
Protection of Pupil’s Rights Amendment, 20 U.S. Code § 1232h: provides in part that no student shall be required to submit to a survey, analysis, or evaluation that reveals mental or psychological problems of the student or the student’s family, sex behavior or attitudes, without the prior written consent of the parent;
DCS Board policy po2240 states in part: For purposes of this policy, a controversial issue is a topic on which opposing points of view have been promulgated by responsible opinion and/or likely to arouse both support and opposition in the community.
DCS Board policy po2240 also states in part: a) that the Board will not permit the introduction of controversial issues that attempt to indoctrinate or persuade students to a particular point of view or that is unrelated to the instructional goals of the course and level of maturity of the students, b) that a teacher must identify her personal opinions as such and must not express such an opinion for the purpose of persuading students to his/her point of view, c) that parents must be given the opportunity to review such lessons and/or materials and the option to excuse their child from such lessons and/or material, and d) the Superintendent shall develop administrative guidelines for dealing with controversial issues and with parental concerns about the program content or the use of particular materials.
DCS Board policy po3210: states in part that each professional staff member shall “refrain from intentionally exposing students to disparagement or embarrassment” and “endeavor to present facts without distortion, bias or personal prejudice;”
DCS Board policy ag3122: states in part that this board will not “discriminate on the basis of race, color, national origin, sex (including sexual orientation and transgender identity), disability, age, religion, military status, ancestry, genetic information (collectively, "Protected Classes"), or any other legally protected category, in its programs and activities, including employment opportunities.”
DCS Board policy ag3231A which provides in part, “nonschool related activities, including political activities…are not appropriate within the school setting…specifically literature supporting or opposing one or more…issues, or a particular point of view; nonschool related, political, and/or commercial literature… supporting one or more…issues or a particular point of view shall not be displayed within the schools…unless done as part of any approved teaching unit” and that “employees of the School District shall not engage, during the course of their employment, in any activities that support or oppose one or more…issues or a particular point of view during working hours.”
DCS board policy po3139: provides in part that the Board of Education retains the right and the responsibility to manage the workforce. When the discipline of a staff member becomes necessary, such action shall be in proportion to the employee’s offense or misconduct, consistent with appropriate procedural and substantive due process, State law, and/or the specific provisions of any applicable collective bargaining agreement.
Wygant v. Jackson Board of Education, 476 U.S. 267 (1986), finding that discrimination to provide “role models” has been rejected by the United States Supreme Court which found that such discrimination in education employment violates Title VI.
Garcetti v. Ceballos, 547 U.S. 410 (2006), finding that district teachers do not have First Amendment protection for speech issued as part of their official duties.
Comments
No posts