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Existing Laws and Policies for Curriculum Integrity, Teachers’ Speech andParental Rights

Overview: This document summarizes key legal guidelines that teachers must adhere to in order to ensure compliance with education laws, particularly regarding the use of supplemental materials, parental rights, and the boundaries of personal expression within the classroom.

Table of Contents

1. Use of Supplemental Materials

2. Parental Rights

3. Student Rights

4. Professional Conduct

5. Teachers Have No Free-Speech Protection for Comments about Students, School, or Other Work-Related Matters

6. Teachers Have No Free-Speech Protection for Comments that Adversely Affect School Functions or Their Ability to Teach

7. Regulated Use of District Resources

8. Standards of Conduct

References

This document serves as a guide to ensure understanding and compliance with relevant laws and district policies.

1. Use of Supplemental Materials

1.1 Supplemental Materials Must Align with Curriculum Objectives

  • Legal Basis: “The Governing Board encourages the use of supplementary instructional materials to enrich the curriculum and enhance student learning. Such materials shall be aligned with district goals, curriculum objectives, and academic standards and shall supplement and not supplant the use of Board-adopted basic instructional materials that serve as the primary learning resources.”
  • Source: Cupertino Union School District (CUSD) BP 6161.11 CUSD BP 6161.11

1.2 Supplemental Materials Must Be Directly Related to the Course of Study

  • Legal Basis: “Supplementary instructional materials shall be directly related to the course of study in which they are being used and shall be appropriate for the age and maturity level of the students.”
  • Source: CUSD BP 6161.11 CUSD BP 6161.11

2. Parental Rights

2.1 Parents Have the Right to Inspect Supplemental Materials

  • Legal Basis: “All primary supplemental instructional materials and assessments, including textbooks, teacher’s manuals, films, audio and video recordings, and software shall be compiled and stored by the classroom instructor and made available promptly for inspection by a parent or guardian in a reasonable timeframe or in accordance with procedures determined by the governing board of the school district.”
  • Source: California Education Code 49091.10 California Education Code 49091.10

2.2 Parents Have the Right to Observe Instruction Involving Their Child

  • Legal Basis: “A parent or guardian has the right to observe instruction and other school activities that involve his or her child in accordance with procedures determined by the governing board of the school district to ensure the safety of pupils and school personnel and to prevent undue interference with instruction or harassment of school personnel. Reasonable accommodation of parents and guardians shall be considered by the governing board of the school district.”

3. Student Rights

3.1 Students Cannot Be Compelled to Disclose Personal Beliefs

  • Legal Basis: “A pupil may not be compelled to affirm or disavow any particular personally or privately held world view, religious doctrine, or political opinion. This section does not relieve pupils of any obligation to complete regular classroom assignments.”

3.2 Written Parental Consent Is Required for Behavioral Testing

  • Legal Basis: “A pupil may not be tested for a behavioral, mental, or emotional evaluation without the informed written consent of his or her parent or guardian.”

3.3 Students May Not Be Required to Participate in Assessments Related to Home Life or Parenting Styles

  • Legal Basis: “A school may not require a pupil or a pupil’s family to submit to or participate in any assessment, analysis, evaluation, or monitoring of the quality or character of the pupil’s home life; any form of parental screening or testing; any nonacademic home-based counseling program; parent training; or any prescribed family education service plan.”

4. Professional Conduct

4.1 Teachers Must Maintain Professionalism in Their Speech

  • Legal Basis: “If you use social media in your role as a private citizen to speak on matters of public concern, your speech is likely protected. If, however, you use social media to comment about students, school, or other work-related matters, or you use social media in a way that might be considered to adversely affect school functions or your ability to teach, the First Amendment may not protect you.”

4.2 Comments That Criticize Students, Colleagues, or Parents Are Not Protected

  • Legal Basis: “Example of speech that is not protected: You write on your social media page comments disparaging your colleagues and criticizing the intelligence of your students. This speech is not protected by the First Amendment because it can be seen to compromise your professionalism and demonstrate a bias in your teaching.”
  • Source: ACLU-Northern California, “Know Your Rights” ACLU Know Your Rights

5. Teachers Have No Free-Speech Protection for Comments about Students, School, or Other Work-Related Matters

5.1 First Amendment Protections Are Limited for Work-Related Comments

  • Legal Basis: “If you use social media in your role as a private citizen to speak on matters of public concern, your speech is likely protected. If, however, you use social media to comment about students, school, or other work-related matters, or you use social media in a way that might be considered to adversely affect school functions or your ability to teach, the First Amendment may not protect you.”
  • Source: ACLU-Northern California, “Know Your Rights” ACLU Know Your Rights

6. Teachers Have No Free-Speech Protection for Comments that Adversely Affect School Functions or Their Ability to Teach

6.1 Comments Adversely Affecting School Functions Are Not Protected

  • Legal Basis: “If you use social media in your role as a private citizen to speak on matters of public concern, your speech is likely protected. If, however, you use social media to comment about students, school, or other work-related matters, or you use social media in a way that might be considered to adversely affect school functions or your ability to teach, the First Amendment may not protect you.”
  • Source: ACLU-Northern California, “Know Your Rights” ACLU Know Your Rights

7. Regulated Use of District Resources

7.1 Teachers Must Not Use District Resources for Personal or Political Purposes

  • Legal Basis: “Inappropriate employee conduct includes, but is not limited to: Using district equipment or other district resources for the employee’s own commercial purposes or for political activities.”
  • Source: CUSD Board Policy 4119.21 CUSD BP 4119.21

8. Standards of Conduct

8.1 Employees Must Uphold the Integrity of the District

  • Legal Basis: “The Governing Board expects district employees to maintain the highest ethical standards, exhibit professional behavior, follow district policies and regulations, abide by state and federal laws, and exercise good judgment when interacting with students, staff, and other members of the school community.”

8.2 Inappropriate Conduct Is Subject to Discipline

  • Legal Basis: “Inappropriate employee conduct includes, but is not limited to: Engaging in inappropriate socialization or fraternization with a student or soliciting, encouraging, or maintaining an inappropriate written, verbal, or physical relationship with a student; possessing or viewing any pornography on school grounds, or possessing or viewing child pornography or other imagery portraying children in a sexualized manner at any time.”

References

  1. Cupertino Union School District (CUSD) Board Policy 6161.11: CUSD BP 6161.11
  2. Cupertino Union School District (CUSD) Board Policy 4119.21: CUSD BP 4119.21
  3. California Education Code 49091.10: California Education Code 49091.10
  4. California Code, Education Code – EDC § 49091.12: California Education Code – EDC §49091.12
  5. “Know Your Rights: Free Speech Rights of Public School T eachers in California,” by ACLU-Northern California: ACLU Know Your Rights

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