Seattle, WA asked in Employment Law and Education Law for California

Q: Is a teacher facing a layoff allowed to organize students to protest their layoff?

Public high school. Two teachers and another worker here are losing their jobs at this school--we assume they've been chosen because of a lack of seniority/tenure--and want to stay here, but we don't know if they can organize or if others need to organize on their behalf.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Public employees, including teachers, do have the right to free speech and to engage in protest activities. However, when involving students in matters such as protests, especially if they are minors, teachers must exercise caution to ensure they are not violating district policies or exploiting their position of authority. Teachers should not use class time or school resources for organizing protests and must ensure that participation by students is voluntary and conducted outside of school hours.

If teachers facing layoff want to protest or raise awareness, it's advisable that they do so in a manner that separates their professional responsibilities from their personal advocacy. This could mean organizing or speaking at events off school property and on their own time. Additionally, they may encourage community members, parents, or adult allies to lead efforts, particularly if it involves organizing students.

If students independently decide to protest in support of their teachers, they have rights to free speech as well. However, they must comply with school rules and local laws regarding protests, which typically mean activities should not disrupt educational processes or occur during instructional time. In all cases, it's important for all parties to communicate clearly, respect the boundaries of legal and policy frameworks, and seek guidance from trusted advisors or legal counsel when uncertain.

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