A new School Committee policy requiring teachers to get permission from their principal before inviting any outside speakers into their classrooms has riled local teachers, who say the rule could infringe on their First Amendment rights to free speech.
The districtwide policy, adopted Nov. 29 as part of the school board's 127-page policy manual, mirrors similar speaker regulations in other school systems across the Commonwealth, according to Michael Gilbert, field director for the Massachusetts Association of School Committees, which offers help in drafting policies on such things as student activity fees and bullying.
But several teachers contend the rule could lead to viewpoint discrimination and the suppression of their constitutional rights. Others said the rule could stymie their efforts to teach students to think critically about a variety of sensitive issues, from stem-cell research to wind farms.
"Principals need to know who is coming into their buildings, and how what they present to students relates to the curriculum, but to give principals the authority to cut off a particular discussion because of something that happens behind the scenes does a disservice to the students," said Patrick Patterson, a social studies teacher at Andover High School, echoing the concerns voiced by many teachers at a recent School Committee meeting.
Union local president Tom Meyers is vowing to oppose the policy, saying he is prepared to take the teachers' concerns to the state Labor Relations Commission, if necessary.
The local union, called the Andover Education Association, has been pushing for creation of a speaker resolution committee, an oversight panel that, in the event of disagreement, could trump a principal's rejection of a particular speaker. As proposed by the union, the committee would comprise six members: three selected by the union, and three chosen by district administrators; in the event of a tie, the speaker would be allowed.
"This construct has worked for 20 some odd years in other venues," Meyers said, noting the district has a similar committee in place charged with settling disputes between administrators and teachers in regard to staff development. "We feel it's a good practice to follow. It is our belief that it's always better to have discourse around the issue of whether to have a particular speaker come in. No one person can have the background required across all disciplines to determine, in every case, whether a particular speaker is appropriate."
But with adoption of the new policy, the union's proposal is out the window.
Meyers contends the policy constitutes a change in teachers' working conditions, and he called for the School Committee to return to the bargaining table to discuss the issue. But committee chairman Arthur H. Barber said the matter is not negotiable.
"This is not something that is subject to bargaining," Barber said, adding the School Committee had spent many months drafting the policy and weighed the input of teachers, the union, and community members during that process.
Earlier this year, the committee implemented a controversial speaker policy, which required teachers to secure the principal's permission before inviting controversial speakers into their classrooms, after a public furor erupted over a Jan. 5 presentation at the high school by Wheels of Justice, a group with pro-Palestinian ties.
But after fielding complaints from the American Civil Liberties Union of Massachusetts, which said the matter of what is controversial is open to a high level of subjectivity, the School Committee decided to drop any mention of the word. The new policy requires teachers to secure the principal's permission for any and all outside speakers.
"I think the policy is good as it stands," said Andover Superintendent Claudia Bach. "There needs to be a single person at each school who is looking at the speakers, and ensuring that the people who come in fit in with the curriculum. Ultimately, that person is the principal; it is the principal who is the school house leader, and it's the principal who is responsible for the school house."
Bach said that with the policy, there is now oversight: "If a principal is continually arbitrary or foolish in his or her decisions, I am the person who can take actions in terms of that principal, either by reprimand or by refusing to renew his or her contract."
Gilbert said teachers can also ask the School Committee to grant a waiver to the policy if their request to invite a speaker is denied. "A School Committee always has the right to waive policy that it creates," he said.
The union's latest demand for discussion comes as its leaders are trying to negotiate a new contract for members. The union is also fighting a proposal that would require teachers to return to their students all corrected quizzes and exams. Many teachers bar students from taking those materials home, arguing that the practice would prohibit them from using the same questions on multiple exams.
The School Committee is expected to discuss, and possibly take action on, the test dissemination policy at its next meeting, scheduled for Tuesday evening.
Brenda J. Buote can be reached at bbuote@globe.com.
