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GRADING & THE FIRST AMENDMENT

GRADING & THE FIRST AMENDMENT. Presented by: Haley Turner Region 13 Curriculum Council November 7, 2013. Goudeau v. East Baton Rouge Parish Sch. Bd. 5 th Circuit decision issued October 7, 2013 Louisiana case:

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GRADING & THE FIRST AMENDMENT

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  1. GRADING & THE FIRST AMENDMENT Presented by: Haley Turner Region 13 Curriculum Council November 7, 2013

  2. Goudeau v. East Baton Rouge Parish Sch. Bd. • 5th Circuit decision issued October 7, 2013 • Louisiana case: • Teacher claims that after she refused to comply with principal’s grading policy and filed a formal complaint, she was ultimately forced to accept a transfer to another campus. • Sued school and administrators for violation of her freedom of speech rights under the First Amendment.

  3. The Allegations of Goudeau • Alleged: • The principal prohibited teachers from giving grades lower than 60. • Louisiana law prohibits schools from setting minimum grades, similar to Texas law. • Goudeau refused to comply with the principal’s rule and the principal directed the office staff to change the grades. • The principal threatened to have Goudeau transferred to another campus if she didn’t comply.

  4. The Allegations of Goudeau • Alleged: • Goudeau reported the minimum grading policy to the Assistant Superintendent and ultimately filed a formal complaint. • During the complaint process a determination was made that the principal’s grading policy violated state law. • After the complaint was completed, the principal transferred Goudeau to another campus.

  5. Appearance of the First Amendment • Goudeau claimed that adverse employment action was taken against her for exercise of her free speech rights. • In order for her claim to move forward, she was required to establish: • (1) She suffered an adverse employment action; • (2) She spoke as a citizen on a matter of public concern; • (3) Her interest in the speech outweighs the government’s interest in the efficient provision of public services; and • (4) The speech precipitated the adverse employment action.

  6. Was the Speech Protected? • Public school employees do have First Amendment rights to freedom of speech while in the workplace, BUT… • Employee speech is only protected by the First Amendment if it is speech on a “matter of public concern.” • Typically speech regarding the conditions of employment is not considered speech on a “matter of public concern” and therefore is not protected. • The Court said: The speech is protected! • Speech reporting official misconduct, wrongdoing, or malfeasance involves a matter of public concern. • Goudeau was reporting a violation of state law. • Goudeau was allowed to move forward with her suit.

  7. What does Goudeau tell us? • Employee objections to grading policies that are in conflict with the law may constitute protected speech under the First Amendment. • It is important that all campus administrators are familiar with the legal restrictions on dictating teacher grade assignments and changing teacher-determined grades.

  8. Review of Texas Grading Laws • Board Policy EIA (LEGAL) and (LOCAL) • A school district shall adopt a grading policy (TEC § 28.0216): • Must require a teacher to assign a grade that reflects the student’s relative mastery of an assignment; • May not require a teacher to assign a minimum grade for an assignment without regard to the student’s quality of work; and • May allow a student a reasonable amount of time to make up or redo an assignment or exam that the student failed.

  9. Review of Texas Grading Laws • Grades are final (TEC § 28.0214): • Exam or course grade issued by a teacher is final • An exam or course grade may not be changed UNLESS the board of trustees determines that the grade is • arbitrary, • erroneous, or • not consistent with the school district grading policy applicable to the grade.

  10. Teacher Discretion and Academic Freedom • Academic freedom is the concept that educators have freedom in the classroom with regard to instructional techniques and generally the way the course material is delivered. • K-12 teachers have not been afforded academic freedom to the same extent university professors have. • Teachers may object to grading policies or grade related requests based on their academic freedom to assign a grade.

  11. Academic Freedom & Grading • 5th Circuit Court of Appeals (Hills v. SFA Univ.) • In 1982 the Fifth Circuit held that a teacher’s right to award a grade was not an academic freedom as it was not a “teaching method” protected under the First Amendment. • Commissioner of Education • Teachers do not have the right under academic freedom to award grades; • Teachers must comply with the grading policy adopted by the school board. • If a district’s grading policy lacks clarity, then the principal can interpret and give further directives.

  12. Enforcing Grading Policies • Texas law requires school boards to adopt a grading policy. • Teachers are required to comply with a school board’s grading policy and a principal’s reasonable interpretations of that policy. • Review your grading policies and ensure they are clearly communicated. • Educate your principals: Review your district’s campus-specific grading rules and ensure those are in line with the board’s intent and are clearly communicated and consistently applied.

  13. GRADING & THE FIRST AMENDMENT Presented by: Haley Turner Region 13 Curriculum Council November 7, 2013

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