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Teacher Freedoms and Rights

Teachers in the United States enjoy a number of rights and freedom relating to employment.  The rights enjoyed by the teachers pertaining to their employment, include recognition of certain freedoms, prohibition against certain forms of discrimination, and significant protections against dismissal from their position.  These rights are derived from state and federal constitutional provisions, state and federal statutes, and state and federal regulations.

Constitutional provisions provide protection to teachers at public schools that are generally not available to teachers at private schools. Since public schools are state entities, constitutional restrictions on state action limit some actions that public schools may take with respect to teachers or other employees.  Though private school teachers do not generally enjoy as much of the constitutional protection as public school teachers, statutes may provide protection against discrimination.  The Civil Rights Act of 1964, for example, protects teachers at both public and private schools from racial, sexual, or religious discrimination. Private school teachers may also enjoy rights in their contracts that are similar to due process rights, including the inability of a private school to dismiss the teacher without cause, notice, or a hearing.


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