ABSTRACT

This chapter begins with an overview of the First, Fourth, Fifth, and Fourteenth Amendment rights of public school employees, along with the rights of school employees under federal legislation including the Rehabilitation Act and the Americans with Disabilities Act (ADA) and anti-discrimination statutes including Title IX, Title VI, and Title VII. The rights of public school teachers engaging in political, religious, and other non-curricular speech, including criticism of school board policies or personnel, are examined in detail, along with reasons for their deeply circumscribed academic freedom. Constitutional rights associated with the investigation, surveillance, and searches of public school employees are also discussed.