Teachers DO have rights
In 1983 Joel Nathan wrote a book titled, Free to Teach about the day-to-day struggles of an educator. Those three words sum up what should be the primary purpose of educational reform:
“Free to Teach.”
Those words are a call to action. A promise that teaching is a liberating opportunity. A declaration of rights that a teacher can fulfill dreams of, and dedication to, becoming a child’s advocate and mentor.
That classroom teachers should be free to practice the art and science of teaching makes sense even to the loudest critic. “Free to Teach” is an important concept. IT recruits new teachers TO THE PROFESSION and motivates others to stay.
Alarmingly, enrollments are down in Idaho’s colleges of education. Many teachers are leaving, and the number of out of state inquiries to FOR Idaho’s teacher certification is low.
WHY?
In this era of “control wire” reform, do teachers have any professional rights assuring that they are “free to teach”?
The 2013Task Force for Improving Education includes language that might strengthen teacher rights in professional development and autonomy but only if the final wording, created by the Idaho Legislature, empowers teachers as equal participants in the reform agenda.
For example, the Legislature could require site councils with teacher majorities to implement professional development and classroom autonomy measures.
In the meantime, “Do teachers have rights?” is partially answered by current statutes, some of which are often overlooked.
For example, Idaho Code 33-512 Governance of Schools, requires districts to provide teachers in their first two years with mentoring, peer assistance, professional development, and additional administrative and supervisory support. however, This novice teacher right, , is not fully implemented statewide and has no criteria.
Teacher Powers and Duties are addressed in Idaho Code 33-1224. This statute could be a springboard for the Legislature to ensure teachers are “Free to Teach”.
It reads “any teacher employed by a school district shall have the right to direct how and when each pupil shall attend to his appropriate duties, and the manner in which a pupil shall demean himself while in attendance at the school” so long as such decisions are consistent with district policy.
Teachers also have the right to be free from abuse. Idaho Code 33-1222 is clear: “Certificated employees of every school district shall be free from abuse by parents or other adults.”
And teachers have the right to organize and bargain in Idaho Code 33-1273. It is also a right to associate with whomever they choose. The bargained contract is a source of rights that, thanks to both sides, typically confers grievance rights, compensation and benefit rights, and, in some districts, working condition rights.
Finally, teachers have basic due process of law rights, guaranteed by the United States Constitution and numerous Idaho states addressing certifications, evaluation, and personnel files.
Such statutes are enumerated rights—describing specific professional rights.
Another source of professional rights is the local school district. Not many teachers take the time to read district policy, administrative rules, or handbooks, but language in these documents conveys both direct and implied rights.
Finally, courts, including the United States Supreme Court, have declared some teacher rights, among them the right to speak on matters of public concern without the threat of retaliation.
Perhaps the most important right of all is the “right of professional authority”—the right to be recognized as a “professional expert”, someone deserving of respect for a life of dedicated service.
“Free to teach” means nothing unless teachers’ rights are respected.
First published in INSIGHT, the voice of Southwest Idaho PDK chapter of Phi Delta Kappa International, a professional association for educators that brings together the leaders, researchers and thinkers in education to provide professional learning opportunities, INSIGHT and relevant research to improve the quality of American Education.
