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October 17, 2008
No political buttons for teachers, says federal court
Not allowed, says a federal court
Here’s Schools Chancellor Joel Klein’s pleased reaction, which the Department of Education just sent over:
I am pleased that the federal court agreed with us that teachers cannot wear political buttons while in our schools. Keeping politics out of the classroom was our primary concern here, and our position has been fully vindicated.
Background on the case, brought by the United Federation of Teachers earlier this month, who wanted teachers to be able to wear buttons, here and here.
UPDATE: I just got the actual decision, by Lewis Kaplan of the southern district court. It’s not as clear-cut a victory for Klein as his statement suggests. Teachers cannot wear political buttons, but they are allowed to do two other things: (1) post materials with “candidate-related political content” on union bulletin boards located close to students and (2) stuff staff mailboxes with “materials containing candidate related political content.”
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October 17th, 2008 4:25 pm
The UFT policies on groups critical of the UFT/Unity Caucus leadership is more than a bit short on democracy. They oppose the right of groups to communicate with teachers in schools through the use of mail boxes and bulletin boards - unless these groups have a teacher in the school, thus severley limiting small groups of teachers from reaching out. Some Unity chapter leaders go beyond this policy and attack fellow teachers in their schools by accusing them of disloyalty.
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October 17th, 2008 5:25 pm
The old reg deals with support of candidates only. Did the judges ruling extend this causes and positions as well? That’s how Klein’s remark reads, but it’s Klein.
I am thinking about, for example, a peace symbol button. Or, perhaps, one that reads “Fund our schools”
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October 17th, 2008 10:34 pm
Read it. Candidate buttons only.
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October 18th, 2008 11:11 am
Jonathan, the current regulation prohibits support for “any candidate, candidates, slate of candidates, or political organizations/committees.” I asked Ann Forte, a DOE spokeswoman, how broadly school officials interpret “political organizations/committees.” She said the regulation applies not just to candidates but also political issues, such as taking a position on abortion. So a button saying “pro-choice” is prohibited too, under the current regulations.
I did not ask where a “fund our schools” would fall, but since there are political organizations being set up around that effort, it’s a good question.
Forte also told me that the department is now reviewing whether to change its regulations, so they may change.
The regulation in question, for those interested, is here (PDF): http://docs.nycenet.edu/docushare/dsweb/Get/Document-86/D-130__1-15-04.pdf. -
October 18th, 2008 12:58 pm
Forte’s interpretation does not match the language of the regulation, which quite explicitly discusses support of candidates. The only applicable language:
C.1. “While on duty or in contact with students, all school personnel shall maintain a posture of complete neutrality with respect to all candidates.” Full stop. That point does not continue.
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October 18th, 2008 1:04 pm
And I missed the intent. The abstract of the reg makes clear the intent is related to elections, not causes.
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