School Censorship and Curriculum Sara Nystuen Jeff Halverson EDPA 5344

2. School Censorship and Curriculum Sara Nystuen Jeff Halverson EDPA 5344

3. Censorship and Curriculum Definition Responsibility of Public Schools 1st Amendment  Educational Setting Common Forms of Educational Censorship Admin Policy/Recommendations

4. Censorship defined… To examine in order to suppress or delete anything considered objectionable Webster’s Dictionary

5. A Tyranny… ` “Censorship represents a tyranny over the mind.” “Censorship represents a tyranny over the mind.” Stretching intellectual capacities Seeking Truth and Reason Inquiring minds exploring the world Becoming critical thinkers

6. Censorship of Curriculum

7. Responsibility of Public Schools • Convey basic and advanced skills and info across many subjects to students from differing backgrounds • Help students to work/think independently as well as in groups • Provide for a safe atmosphere where constructive learning occurs

8. Freedom of Speechin the Schools “it can hardly be argued that neither students nor teachers shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.”The Court articulated that public school teachers, as public employees, do not forfeit all of their First Amendment freedoms when they come to school. Tinker v. Des Moines Independent Community School District, (US S. Ct. 1969)

9. However… First Amendment applies somewhat differently in schools than in many other public institutions: www.ncac.org

10. However… Free Speech by teachers does not include speech that creates a material disruption to the educational interest of the school district. (Essex 2008)

11. What about Teachers’Academic Freedom? A public teacher (k-12) has no “First Amendment right to participate in the makeup of school curriculum.” Boring v. Buncombe County Board of Education www.ncac.org

12. In Addition… Academic Freedom is a very limited concept in the public primary and secondary schools. (Essex 2008)

13. Most Common Forms of Curricular Censorship Sex & Drug Education • Literature with Children Challenging Parents Teaching Evolution Without Reference to Creationism Non-traditional Women Roles ‘Invasion of Privacy’ Projects

14. Selection vs. Censorship Selection Legitimate pedagogical rationale Professional guidelines providing criteria for selection of materials and methods Censorship Removal of materials due to hostility toward the ideas it contains Removal based on individual preferences www.ncac.org

15. “Classroom” v. “Library” The courts generally defer to the school administration on matters of overall school curriculum. Hazelwood School District v. Kuhlmeier (1988) Bethel School District v. Fraser (1986) www.ncac.org “the regime of voluntary inquiry” as distinct from the “compulsory environment of the classroom,” the Court has affirmed students’ right of access to a broad range of information “to inquire, to study and to evaluate, to gain new maturity and understanding.” Board of Education v. Pico (1982)

16. Administrative Tip Sheet… Policies and practices designed to respect free expression and encourage discourse and discussion are rarely, if ever, disturbed by courts. Monteiro v. Tempe Union School District, 9th Cir. 1999 Altman v. Bedford Central School District, 2d Cir. 2001 www.ncac.org

17. Administrative Reminders… Bible Gibson v. Lee County Board of Education Taught objectively & secularly • Taught in a non-devotional/religious atmosphere Properly instruct teachers involved Formulate policies on its teaching Communicate policies to all involved (Essex 2008)

18. Administrative Reminders… Intelligent Design Ruled unconstitutional by US District Court for Middle PA (Kitzmiller v. Dover Area School District) • Offer as elective if taught Instruct teachers on Establishment Clause Formulate policies on its teaching Communicate policies to all involved (Essex 2008)

19. Administrative Reminders… Theory of Evolution Epperson v. Arkansas and Edwards v. Aguilard If taught, presented as a theory rather than a fact • TOE materials should be well-thought out prior to instruction Teachers cannot voluntarily discuss personal views on TOE to avoid endorsement thereof (Essex 2008)

20. Administrative Reminders… Practical Considerations Adopt & publish formal complaint policies & procedures related to curriculum material • Have a rationale for all materials employed Keep parents advised about what material students are using and why it has been chosen Always remain in dialogue with district legal staff www.ncac.org

21. What if conflict arises? Practical Considerations Meet with the complainant and work to resolve the matter informally Provide the complainant with the published district policies on objectionable material and invite them to provide request in writing Assign review committee to make formal recommendation to the school board Provide for an appeal process www.ericdigest.org/pre-9214/censorship.htm

22. Censorship & Curriculum Scenarios

23. References Essex, N. L. (2008). School law and the public schools: A practical guide for Educational leaders (4th Ed.). Boston, MA: Allyn and Bacon. NCAC. (n.d). The First Amendment in Schools: An Overview. Retrieved from http://www.ncac.org/images/ncacimages/First%20Amendment%20in20Schools-An%20Overview.pdf NCAC. (n.d). The First Amendment in Schools: Resource Guide. Retrieved from http://www.ncac.org/images/ncacimages/First%20Amendment%20in%20Schools-Resource%20Guide.pdf Tinker v. Des Moines Independent Community School District. (n.d.) In Wikipedia. Retrieved October 13, 2010 from, http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District