Educator Rights to Teach Sensitive Topics

By: National Education Association

Published: April 4, 2023

This resource originally appeared on NEA.org

There are no one-size-fits-all rules about what educators may say in their classrooms. Educators teach about many important historical and contemporary issues, including discussions about racism and LGBTQ+ individuals. But there may be limits to how you can teach certain topics.

Your freedom in this context will depend on the rules set by your state and employer.

Here, we provide general guidance and real-world examples.

Because professors at public institutions of higher education enjoy greater speech protections while teaching, the following section is focused on the limitations that apply at the K-12 level.

"I believe we have an ethical responsibility to our profession to tell the truth and teach the truth. It’s not our responsibility to teach students what to think, but it is our responsibility as educators to teach them how to think critically. If we’re going to really make things better and improve society, then that work starts with how we educate our students.”

—Taunya Jaco, 6th grade English Language Arts and Social Studies Teacher San Jose, California

Discussing Controversial Issues in Class

Within the last few years, twenty states have passed laws or issued statewide rules that aim to restrict the ways educators can teach difficult subjects, like the history of racism or sexism in America, with eighteen of these laws currently in effect (AL, AR, FL, GA, IA, ID, KY, LA, MS, MT, ND, OK, SC, SD, TN, TX, UT & VA). Eight total states (AL, AR, FL, IN, IA, KY, LA & NC) have also passed bills restricting instruction or curricular materials related to sexual orientation or gender identity for certain grade levels.

These laws are political efforts to distract from the real issues facing our schools. There are multiple lawsuits now pending that challenge several of these laws, including lawsuits supported by NEA and its affiliates.

If you work in a state with one of these laws, check out NEA’s state-specific Know Your Rights guides to understand what the law in your state prohibits and, just as importantly, what it does not.

For all educators, remember that instruction on many controversial issues is part of existing state content standards and teaching students to think critically about issues and develop their own views is one of the overriding goals of public education. The following tips will help you develop a lesson plan that engages with controversial issues while minimizing the risk of any backlash from your school or community.

In general, if you are planning a discussion about current events that raise controversial issues, be sure that your curriculum is

age-appropriate,
aligned with state standards, and
in line with past practices in your school.

If you expect that your lesson will be controversial, run the plan by an administrator first. This will give your administrator a chance to suggest changes or prepare for a negative response from the community.

Following these steps is particularly important in areas that skew more conservative or that have been targeted by far-right activists.

You should be aware that NEA and its affiliates have pushed back against extreme efforts by administrators to censor instruction, but the cases can be difficult and our efforts have not always been successful.

For example, a Texas school district told teachers that, in order to comply with their new law, they would have to teach both sides of the Holocaust. The district later reversed course, retracted the guidance and apologized.

More recently, a tenured Tennessee teacher was fired over his use of a Ta-Nehisi Coates essay and a spoken word poem called “White Privilege.” The district claimed that the issue was that the language in the works was inappropriate for high school students and that the teacher did not present varying viewpoints on the issue.

NEA and TEA continue to press the teacher’s case to try to win his job back, but during the initial steps of the process—a hearing before an independent hearing officer and the action of the school board in reviewing the hearing officer’s report—the school district has prevailed. The appeal of his discharge is now pending in a Tennessee Chancery Court.

If you are in a state in which public sector collective bargaining is required or allowed, your (CBA) may provide some protection for teachers’ academic freedom.

Often, CBAs recognize the role that academic freedom plays in encouraging students to think critically and independently. CBA provisions may allow teachers to present controversial issues to their students, if they follow certain rules.

Common rules include:

the lessons must relate to the teacher’s subject or the official curriculum;
the lessons must be appropriate for the students’ age; and
the teacher must be fair, balanced, and not advocate a particular viewpoint.

Some also require teachers to clear controversial lessons with administrators beforehand.

Like legislation aimed at K-12 teaching, anti-DEI legislation adopted recently in numerous states expands the grounds for discipline and removal of any higher education faculty or staff who engage in certain DEI-related activities. A number of states, including Alabama, Indiana, and Florida, have adopted laws that prohibit teaching on certain topics often labeled "divisive concepts," such as theories that “systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States.”

Several states, including Mississippi, Arkansas, South Dakota, Tennessee, and North Dakota, bar institutions from compelling students to affirm or adopt certain ideas related to race, sex, or other characteristics.

1 Namita Singh, Texas school district apologizes for telling teachers they must include ‘opposing views’ on Holocaust, Independent (Oct. 16, 2021), https://www.independent.co.uk/news/world/americas/us-politics/texas-schools-books-opposing-holocaust-b1939480.html.
2 //www.bostonglobe.com/2021/07/11/nation/tennessee-teacher-taught-ta-nehisi-coates-essay-poem-about-white-privilege-he-was-fired-it/">A Tennessee teacher taught a Ta-Nehisi Coates essay and a poem about white privilege. He was fired for it, The Boston Globe (July 11, 2021).
3 See, e.g., Jefferson County Board of Education – Jefferson County Teachers Association Agreement 2018-2023 (“Jefferson County CBA”), Art. 6, § A p. 16, (“The Parties agree that young people should be educated in the democratic tradition which fosters a recognition of individual freedom and social responsibility, inspires meaningful awareness of and the respect for the Constitution and Laws and instills appreciation for the value of individual personality. It is recognized that these values can best be transmitted in an atmosphere which is free from censorship and artificial restraints upon free inquiry and learning, and in which academic freedom is encouraged and enjoyed.”).
4 See, e.g., CBA between Delano Joint Union High School District and Delano Joint Union High School District Teachers’ Association/CTA/NEA 2020-2023 (“Delano CBA”), Art. XXXII, ¶ A p. 79, https://achieve.lausd.net/cms/lib/CA01000043/Centricity/domain/368/utla/utla%20contracts/2019%20-%202022%20UTLA%20Contract.pdf; Instructional Staff Contract between Liberty County School Board and Liberty Education Association, 2017-2020 (“Liberty CBA”), Article XIII, ¶1 p. 18; Agreement between the Delaware City School District Board of Education and the Delaware City Teachers Association, August 1, 2018 Through July 31, 2021 (“Delaware City CBA”), Art. 33. P. 98; Agreement Between Montgomery County Education Association and Board of Education of Montgomery County Rockville, Maryland 2018-2020 (“Montgomery County CBA”), Art. 11 ¶ D p. 21; Master Contract between the Dayton Education Association and the Dayton City School District, July 1, 2017 through June 30, 2022 (“Dayton CBA”), §§ 14.01-1404, p. 30,
5 Liberty CBA, Art. XIII, ¶ 3, p. 18.
6 Florida SB 266 (2023), https://laws.flrules.org/2023/82; Alabama SB129 (2024 Regular Session), https://arc-sos.state.al.us/ucp/L1499133.AI1.pdf; Indiana SB 202 (2024 Regular Session), https://iga.in.gov/pdf-documents/123/2024/senate/bills/SB0202/SB0202.06.ENRH.pdf.
7 Mississippi SB 2113 (2022), https://legiscan.com/MS/text/SB2113/id/2546132; Tennessee HB 2670 (2022), https://legiscan.com/TN/bill/HB2670/2021; South Dakota, HB 1012 (2022), https://legiscan.com/SD/bill/HB1012/2022; Arkansas, SB 627 (2021), https://legiscan.com/AR/text/SB627/id/2389687; Idaho HB 377 (2021), https://legiscan.com/ID/text/H0377/id/2378450

Discussing Acts of Violence

Far too often in America, violence rips apart communities. When that happens, students are likely to ask you questions about the event.

As an educator, you want to support your students, acknowledge the pain, fear, or anger they may be feeling, and help those in need access mental health resources. After one of these events, consider taking time at the start of your day to address recent events and allow students an opportunity to express their feelings.

Where possible, coordinate with your school or district administrators to have a consistent response throughout the school.

For example, after the massacre of Black members of their community at a grocery store, the Buffalo Public Schools district requested that all principals start the day with counseling circle meetings for students and provide safe spaces and mental health resources for students and staff.

The National Association of School Psychologists also has tips for parents and teachers on Talking to Children about Violence. The National Child Traumatic Stress Network has guidance on Assisting Parents/Caregivers in Coping with Collective Traumas.

When racism and hate motivate the violence, as in shootings by white supremacists, or when the violence exposes systemic racism within our society, as with a cop shooting an unarmed Black child, these conversations are even more difficult but even more important. The Western States Center has a toolkit for Confronting White Nationalism in Schools.

As always, make sure your conversations are age-appropriate and in line with school policy or state law on these topics.

In some states, the recently enacted censorship laws require you to take particular care in classroom discussions about the systemic racism that drives this violence.

8 Dr. Tonja M. Williams, Interim Superintendent of Schools, Letter to BPS Staff and Families, Buffalo Public Schools, Office of the Superintendent (May 15, 2022), https://www.buffaloschools.org/cms/lib/NY01913551/Centricity/ModuleInstance/123515/BPS%20Letter%20to%20Staff%20and%20Families.pdf.

Bringing in Guest Speakers

Guest speakers are a wonderful way to introduce students to new ideas and perspectives. It is easier than ever to bring in guest speakers virtually.

But you should exercise good judgment and plan ahead so that you are complying with your employer's rules. Schools may exercise similar control over invitations to guest speakers as they do over teachers’ lessons.

Many school districts require teachers to seek prior written authorization from their school principal before a guest speaker’s appearance.

When a speaker is likely to be controversial, schools may require teachers to notify parents in advance and provide opportunities for students to opt-out of attending the appearance.

For example, a high school teacher in Illinois brought in numerous guest speakers for an elective class called, “Conflicts and Mysteries.” Members of the community were outraged after he invited a practicing Wiccan to speak about the Occult.

Parents supported the teacher, noting that he sent several notices about the guest speakers and required students to get parental permission. The school board cancelled and then reinstated the course.

Similarly, a middle school in California has Planned Parenthood teach sex education. The school sends notices to the families ahead of time so they can review the curriculum and, if they choose, have their students opt out.

9 See, e.g., Silano v. Sag Harbor Union Free Sch. Dist. Bd. of Educ., 42 F.3d 719, 723 (2d Cir. 1994).
10 Heather Greene, Small Town Teacher Invites Wiccan Guest Speaker into Classroom, The Wild Hunt, Pagan News & Perspectives (Dec. 29, 2013), https://wildhunt.org/2013/12/small-town-teacher-invites-wiccan-guest-speaker-into-classroom.html; KHQA Newsdesk, Illini West teacher sparks controversy, abc7KHQA (Dec. 18, 2013, updated Dec. 19, 2013), https://khqa.com/news/local/illini-west-teacher-sparks-controversy.
11 A school decided to let Planned Parenthood teach sex-education classes. Trouble ensued, L.A. Times (Apr. 12, 2019), https://www.latimes.com/local/abcarian/la-me-abcarian-sex-ed-20190412-story.html.

Selecting Instructional and Classroom Materials

Districts and schools will often prescribe the curriculum, including the textbooks and instructional materials for specific subjects.

Teachers’ freedom to supplement that curriculum with materials they choose varies enormously. Some CBAs explicitly allow teachers to do so. Other CBAs require advance approval of any materials that are outside the standard curriculum.

While higher education faculty may have greater discretion in choosing materials and specific topics, higher education institutions retain control over which courses to offer, and criticism of the overall curriculum may not be protected if offered in connection with a faculty member's duties.

Many educators also have classroom libraries where students can access books on topics that may or may not be related to the course materials.

In response to recent state laws that restrict teaching in honest and inclusive ways, school districts across the country have increased efforts to ban books touching on subjects of race and gender from school libraries and educators’ classroom libraries.

At the K-12 level, make sure that curricular materials and other books in your classroom are age-appropriate and in line with school and district policy.

If administrators at your school have directed you to remove specific books from your classroom, remove the books in a timely manner. But contact your local union if it is unclear what books are permitted or if the restrictions are being implemented in a way that disproportionately targets and removes books that cover topics of race or LGBTQ+ issues.

There are several lawsuits now pending that challenge various restrictions on instruction on the issues of race, gender, and sexual orientation, and efforts to ban books in libraries or classrooms raise similar issues.

For example, the ACLU of Missouri was denied injunctive relief in a lawsuit challenging a school district’s book removal policy that resulted in the removal of a book with a non-binary character before a review process was completed. The court held that the school did not intend to deny students’ access to ideas with which the district disagreed.

Expanding the curriculum to ensure it is inclusive and makes all students feel respected and represented is an important tool for building student engagement and learning.

Classroom libraries can also provide students with important opportunities to learn using materials that may powerfully engage them by reflecting the experiences of people and families that represent them or by helping them better understand people with different backgrounds and experiences.

Talk to your principal about the importance of making sure that all students feel seen and supported in your school and classroom and ways that the school can make sure this happens.

12 See, e.g., Triangle Lake CBA, Art. I, ¶ B.11, p. 5.
13 See, e.g., Los Angeles CBA, Art. XXV, ¶ 1.0 (b), p. 266.
14 See, e.g., Burgettstown Area CBA, Art XVII, ¶ 1, p.34 (requiring teachers “to obtain a second voice of affirmation for the inclusion of any unapproved material.”).
15 See, e.g., Bhattacharya v. Bd. of Regents of Southeast Missouri State Univ., 2022 WL 17844457 (E.D. Mo. Dec. 22, 2022).
16 Hannah Natanson, Hide your books to avoid felony charges, Fla. Schools tell teachers, Wash. Post (Jan. 31, 2023), https://www.washingtonpost.com/education/2023/01/31/florida-hide-books-stop-woke-manatee-county-duval-county-desantis/; Jonathan Friedman & Nadine Farid Johnson, Banned in the USA: The Growing Movement to Censor Books in Schools, PEN America (Sept. 19, 2022), https://pen.org/report/banned-usa-growing-movement-to-censor-books-in-schools/.
17 Jodi Fortino, ACLU sues Independence School District over book removal policy, NPR Kansas City (Dec. 7, 2022), https://www.kcur.org/education/2022-12-07/aclu-lawsuit-book-ban-missouri-independence-school-board.
18 C.K.-W. v. Wentzville R-IV Sch.Dist., 619 F.Supp.3d 906 (E.D. Mo. 2022).

Disclosing a Personal Opinion about a Controversial Issue

Schools may prohibit teachers from voicing their personal opinions, even when they allow teachers to discuss controversial topics in class.

For example, a court upheld a school board’s decision not to renew the contract of a teacher who told her students, in response to a student’s question, that she did honk when she passed protestors against the Iraq war holding signs saying, “Honk for Peace.”

If your work is covered by a CBA, read your CBA carefully to determine what your district allows and consult with your union representative.

Some CBAs specifically prohibit sharing personal beliefs. For example, the Burgettstown Area CBA allows teachers to introduce controversial materials and opinions but requires those teachers to make it clear that the teacher is not expressing a personal opinion and is not speaking on behalf of the school district.

Other CBAs allow teachers to present their personal opinions, but include restrictions.

For example, in the Triangle Lake School District in Oregon, teachers may express their personal opinions but only on matters that are relevant to their course content.

Moreover, the opinion may not conflict with an established school board policy and/or the approved curriculum.

Finally, teachers must explain that they are speaking personally, not on behalf of the school in any way. In Montgomery County, teachers may express their own opinions on controversial issues “provided that the total presentation is essentially balanced and fair” and that the teacher is not promoting their own political aims.

If your work is not covered by a CBA, check with your union and administrators to see what is or is not allowed in terms of sharing your personal views about a controversial issue with students in class.

As a general rule, unless you have approval to do so, either directly or in your employer's policy or practice or a CBA, you should not share your personal views about a controversial issue with students in class.

19 Mayer v. Monroe Cty. Cmty. Sch. Corp., 474 F.3d 477, 480 (7th Cir. 2007).
20 Id. at 478.

Advocating a Position

You should not try to convince your students in class to take your side on any controversial issue, support a particular point of view, or adopt a certain religious view.

Many school districts explicitly forbid teachers from advocating a particular viewpoint in class. In addition, recently passed anti-honesty in education laws in some states explicitly prohibit advocacy about certain concepts, although advocacy is not clearly defined in those laws.

This page is intended to provide general information. For specific advice, you should always contact your local union or attorney.

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Educator Rights to Teach Sensitive Topics

Discussing Controversial Issues in Class

Discussing Acts of Violence

Bringing in Guest Speakers

Selecting Instructional and Classroom Materials

Disclosing a Personal Opinion about a Controversial Issue

Advocating a Position

References

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Educator Rights to Teach Sensitive Topics

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Discussing Controversial Issues in Class

Discussing Acts of Violence

Bringing in Guest Speakers

Selecting Instructional and Classroom Materials

Disclosing a Personal Opinion about a Controversial Issue

Advocating a Position

References

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