Ellen+Theloosen's+Superintendent's+Memo

=**FOCUS: School Employees' Freedom of Speech and Renewing Contracts.**=

General Editor's/Proofer's Notes: MEMORANDUM FROM THE OFFICE OF THE SUPERINTENDENT - DRAFT
 * Commas should be used to separate independent clauses; you can find them by looking for contractions like and & but.
 * Introductory clauses, words, and phrases also require commas.

DATE: June 15, 2009 TO: Employees, Parents, Students, and Community Members FROM: Ellen Theloosen, Superintendent RE: School Employees' Protected Speech Regarding School Board Decisions, Renewal of Contracts, and Termination

As you are aware from previous communications and reports on the local and national news, the current economic climate has resulted in limited funding in many school districts. The changes in funding from the state and federal governments have had a major impact on on the operations of our school district, as well. You are already aware of many of the measures being taken in order to help maintain the standards and support available in our schools with limited financial resources. As expected, the employees of our school district are passionate about the education of our students and are often concerned about the impact of these policies. I continue to applaud the work that our employees do every day to ensure the best education for our students. Kudos for validating and praising! (SB) Employees of the school district have a unique and detailed understanding of the impact of changes in funding on the daily efforts of our teachers and staff, as well as the passion for and investment in the success of our students. The opinions of the employees are often important in shaping public opinion on these matters because of the level of insight that they bring to the topic. Many of the decisions that have been made by the school board in response to financial issues have been unpopular with employees, students, parents, and community members. These decisions have been very difficult and are a reaction to changes in funding, not an ideal policy or operating procedure. In light of recent events, I would like to take this opportunity to clearly explain the ways in which employees may express their opinions regarding the decisions made by the school board.

First insert comma, I would like to ensure you that the school board does not want to limit the rights of its employees and encourages participation in civic activities that work toward finding solutions and continuing the collaboration between schools and the community. For example, we encourage your participation in the unions that represent you and your efforts toward improving the quality of education and employment in our school district. We encourage you to be active in the community by attending school board meetings or other community meetings and participating in the conversations that work toward finding alternatives and solutions. The district court recently upheld the right of teachers to participate in protests against the decisions of the school board in //Conn v. Board of Education of the City of Detroit// (2:08 U.S. 13073). However, your participation in these events must be as a private citizen and not in your official capacity as an employee of the school board (//Pickering v. Board of Education//). Any communication that you have during instruction or while fulfilling your job duties is considered to be in the capacity of an employee of the School Board and **not** as that of a private citizen. In order to protect your right to freedom of speech, you must clarify your role when speaking publicly in order to prevent confusion to the audience as to whether you are speaking in an official capacity or as a private citizen.

Second, I would like to remind you that all communication made in your official capacity as a school board employee is subject to review and disciplinary action. This may include termination or nonrenewal of contracts. This is a really important sentence. I would consider putting it in bold print. (SB) There should be no discussion of staff opinions on issues during instruction; this includes issues related to school board decisions or policies. While the discussion of current events is a part of our curriculum, teaching staff must provide objective information for all sides of an issue and not present their own opinions in these discussions. The right to free speech includes the right to speak out against an employer, particularly for matters of public concern, as decided in //Garcetti v. Ceballos// (2006). However, the court has determined that the employee must be speaking as a private citizen and in regard to matters of public concern. The school board decisions and the impact of those decisions on schools, employees, and students is most certainly a matter of public concern. Therefore, we again ask that when speaking about these matters, employees should clarify there role in the conversation as that of an employee or that of a citizen. Often times, employees attend community or school board meetings in an official capacity to report information from schools and school related events. School Board members and others in attendance may be familiar with several school employees. Without clarification, they may assume that you are speaking on behalf of the school or school board when in attendance at public functions. The Third District Federal Court recently upheld the termination of a principal who, while acting in his official capacity as a school board employee, made attempts to move towards charter school status (//D'Angelo v. School Board of Plok County, Florida//). After failing to meet the requirements established by state law, the principal attended meetings, spoke publicly, and attempted to persuade other employees to join his cause. One means of persuasion he used was discussing his obligations as an educator to apply for a new status that would benefit students. Although the topic was clearly a matter of public concern, the court also decided that Mr. D'Angelo was speaking as an employee of the school board due to his own choice of words, and that he could therefore be disciplined for his speech.

These recent cases clarify the boundaries between speaking as an employee and speaking as a private citizen. All of our employees are well-educated, passionate, thoughtful people whose participation in civic activities can be of benefit to the community as a whole. We encourage your participation in these activities and ask that you protect your rights and your employment by being aware of the recent court decisions that impact freedom of speech. We also appreciate your dedication to the community and to the education of the students in this community. ( I think this sentence is weak compared to your earlier praise and it detracts from the message. I suggest taking it out- TW)

 We had similar issues, although I started with non-renewal and put in the context of free speech and use of social networking sites, and it seems you started with free speech and what can happen when teachers blur the lines of their roles as citizens and employees. Interesting. I enjoyed seeing how you set up your presentation to your school system. It'll help me with my own editing! Your draft is clear and concise, so I can only offer a few proofing suggestions. Thanks for sharing! (SB)

Ellen- if I recieved this memo, I would feel very supported and informed :) TW