This platform is
organized in four major sections:
Ø The Right to Teach and Learn;
Ø Safety in the Public School Setting;
Ø The Right to Privacy in the Public School
Setting; and
Ø Rights of Children and Youth
Within those sections are headings
developed from the WEA Strategic Focus Plan and listed without regard to their
importance, since we feel that all
areas are equally important and cannot be ranked with some considered more
important than others.
WEA PHILOSOPHY AND GENERAL OBLIGATIONS
The Member Advocacy
and Civil Rights Commission believes that all citizens are entitled to basic
human and civil rights. These rights are
derived from the United States Constitution and from judicial interpretations,
legislative action, and governing board policies. Attempts by an individual or any governmental
or social body to abridge citizens’ rights should be vigorously opposed
wherever they occur.
A. Right to Teach and Learn
The WEA believes that
the right of public education employees to teach and the right of students to
learn are fundamental to the process of education.
1.
Student Rights
The WEA believes that
basic student rights include rights to an equal education opportunity; due process, freedom of
inquiry and expression, freedom of association, freedom of peaceful assembly
and petition, freedom from discrimination, and freedom from
harassment. Public education employees
should teach students that every right carries an accompanying
responsibility, and that one individual’s rights extend only to the point where
another’s rights begin.
2. Due Process
The WEA affirms
its conviction that proper personnel policies include not only those standards
commonly adopted by the NEA and the WEA, but also include properly conducted
investigation of any alleged misconduct prior to any governing board decision involving either dismissal
or failure to rehire. The WEA further believes that termination of employment
or contract without prior, proper investigation is a violation of employee
rights. Policies should include
procedures for dealing with false accusations.
These policies should be nondiscriminatory as to race, national origin,
religious affiliation, marital status, gender, sexual orientation, health,
weight, age, or physical handicap.
3. Academic and Professional Freedom
The WEA believes that academic freedom is
essential to the education profession. Academic freedom includes the rights of
public education employees and
learners to explore and discuss divergent points of view. Controversial issues should be a part of the
instructional program when, in the judgment of the professional staff, the
issues are appropriate to the curriculum and to the maturity level of the
student. A public education employee
should not be fired, transferred, or removed from his or her position for
refusing to suppress the free expression rights of students. The Association also believes that
professional freedom is essential to the education profession. Professional
freedom includes the public education employees’ right to evaluate, criticize, and/or advocate their
personal points of view concerning the policies and programs of the
schools. Public education employees also have the right to assist
colleagues whose academic or professional freedoms are violated.
The Association
further believes that legislation and regulations that mandate or permit the
teaching of religious doctrines and/or groups that promote anti public
education agendas violate both student and public education employee’s
rights. The Association urges its
affiliates to seek repeal of those mandates where they exist.
The WEA believes that we must meet the challenges of individuals or groups who wish to limit academic
freedom through censorship, and/or groups that promote anti-public education
agendas. School district or higher
education boards and public
education employees must mutually develop and appropriately apply formal,
definitive policies. These policies must provide for the protection of academic freedom and include written procedures for
evaluation and selection of instructional materials. These policies must also include provisions
to protect the rights of a parent or guardian who wishes to monitor his or her
own child’s exposure to specific material.
Monitoring should be limited to that parent’s child or children. In cases where material is to be withheld
from one student as a result of a decision made after following the
appropriate, approved procedures, suitable alternative materials and
assignments should be provided to that student by education personnel.
The WEA subscribes to the American Library Association resolution which
“declares as a matter of firm principle that no challenged library material
should be removed from any library under any legal or extralegal pressure, save
after an independent determination by a judicial officer in a court of
competent jurisdiction and only after an adversary hearing, in accordance with
well established principles of law.” We
believe the same principle of freedom of expression must apply to textbooks and
other classroom materials.
The WEA believes that each education institution should adopt criteria based on educational merit for
selection of instructional materials and processes. Unsolicited materials and resources
volunteered for use in educational institutions of
4.
Ownership of Intellectual Property
The WEA supports faculty control and
legal ownership of all the products of their intellectual and professional
efforts, including all patents, lectures, printed materials, study guides,
assessment materials and any related films, images, and/or electronic version
of those products. Anything less than
full control and legal ownership must be the result of contractual arrangements
between the faculty member and the education institution.
5. Students with HIV/AIDS and/or other
communicable diseases
The WEA supports free,
appropriate public education for all students with HIV/AIDS and/or other
communicable diseases in a least-restrictive environment. The needs of the student and the education
institution should be determined on a case-by-case basis. Confidentiality
of all records must be maintained.
6.
Public Education Employees with HIV/AIDS and/or other Communicable
Diseases
The WEA opposes
termination, suspension, transfer, or other adverse action against an employee
solely because the individual has
tested positively for HIV/AIDS antibodies or because the individual has been diagnosed as having
HIV/AIDS, and/or other communicable diseases. Once it is demonstrated
factually and is in compliance with established legal procedures that
there is imminent threat to the public health, appropriate actions should be
taken.
7.
Access to Public School Programs
The WEA believes that access
to public school curricula and activity programs must be open to all students
regardless of race, ethnicity, creed, religion, disability, gender, age, or
sexual orientation. We encourage school
district or higher education boards
to develop policies and procedures dealing with funding for non-traditional
students. We advocate
equitable funding for both boys’ and girls’ activity programs. The concept
of equality covers allotted time for use of facilities and equipment, equal pay
for qualified sponsors/coaches for both boys and girls, and opportunities for
co-ed participation.
8. Ethnic-Minority Employment
The WEA supports
increasing efforts by school districts and higher education institutions to increase
employee diversity.
9.
Equity
The WEA believes that
students must be treated equally under all applicable rules, regulations, and
laws regardless of race, ethnicity, creed, religion, disability, gender, age, or
sexual orientation.
We further believe
that public education employees must be afforded the same protection from
discrimination in hiring and/or administration of pertinent rules, regulations,
and laws.
The WEA recognizes
that awareness and respect for the diverse cultures and languages represented
in the
We encourage all
education employees to incorporate significant events,
contributions and history of minorities as an integral part of the curriculum
including observance of Martin Luther King, Jr./Equality Day. The WEA urges education employees to
select and develop instructional materials and processes that do not discriminate. accurate portrayals of the roles of
ethnic minorities and women in depictions of the past, present, and future should
be included. Materials should
portray careers and personal roles as acceptable and attainable for all
individuals.
We support the repeal
of legislation mandating English as the official language of the State of
10.
Religious Harassment
The WEA believes that
religious harassment should not be tolerated in any educational setting. Each member of the education community is
ethically obligated to practice religious tolerance and to fight intolerance where
it occurs.
11.
Freedom from Harassment
The WEA believes that
public education employees should be allowed to perform their duties without
undue interference.
We advocate the
development of school district or higher education board policies that protect public
education employees and students from all forms of harassment.
Local policies should
ensure that visits to the educational settings are appropriate to,
and intended to enhance, the educational process.
12.
The WEA believes
that mentor, peer assistance and peer review programs are appropriate
mechanisms for enhancing and improving professional expertise and practice.
In order to
ensure proper planning, implementation, and evaluation of such programs, the
WEA believes the duties and responsibilities of all parties must be clearly
defined. The mentor should never be
asked to provide data or testimony in any subsequent job renewal or dismissal
action. The summative evaluation for
contract renewal shall remain the responsibility of the school
administrator. When participants exit
from such a program, that action shall be deemed to be without prejudice. They must have appropriate training, and
programs must be uniformly administered.
The WEA further
believes these programs should be developed and approved at the local level
through the local negotiations procedure or a cooperative association/school
district agreement.
B. Safety in the Public School Setting
The WEA believes that
safety must be established in public schools before teaching and learning can
occur.
1.
Child Protection Programs
The WEA recognizes
child abuse and neglect as serious problems in today’s society and understands
that prevention is the ultimate goal. We
encourage educational programs for parents and others in the community.
2. Child Protection Training
The Association urges
school districts and higher
education institutions to provide in-service training for all employees. The training will enable employees to
recognize signs of child abuse/neglect, and understand statutory
reporting procedures.
3.
Corporal Punishment
The WEA recognizes
that public education employees have a special opportunity and responsibility
to promote the welfare of children.
Therefore, the Association opposes corporal punishment of children.
4.
HIV/AIDS and/or Other Communicable Diseases
The WEA recognizes
that HIV/AIDS and/or other communicable diseases have become a great public
health concern.
In order that all
individuals' rights are respected while simultaneously protecting them from
risk, we recommend that each educational institution develop fair and
equitable policies and procedures for dealing with
students and/or public education employees who have HIV/AIDS and/or other
communicable diseases.
Further, HIV/AIDS
and/or other communicable diseases, education
must be provided for all students and public education employees by
properly trained personnel. This should
include information about all means of transmission, including sex and
intravenous (IV) drug use. Information
on prevention options must include abstinence and current medically accepted
protective devices.
5.
Sexual Harassment
The WEA abhors sexual
harassment at all levels of the educational system, including administration,
faculty, staff, and students. We
therefore support the development and implementation of clear school board
policies and college board policies to include prevention, responsibility for
enforcement, protection against false accusations that includes procedures to
eliminate all references dealing with false accusations from personnel files, and includes protection against
retaliation for good faith reporting.
6.
Threats, Abuse and Attacks on Students and Public Education Employees
The WEA believes
students and public education employees have
a fundamental right to a safe environment free from threats, abuse and attacks. We,
therefore, urge that school districts and higher education institutions develop strong policies for
dealing with threats and attacks on students and public education employees. These
policies should be
enforced, and law enforcement authorities should be involved where necessary.
We further urge school districts and
higher education institutions to
develop programs to provide after-care for students and public education
employees following incidents of threats, abuse and/or attacks.
7.
Release of Student to Custodial Adult
The WEA recognizes
every reasonable effort should be
made to see that students are released only to the custody of properly
authorized adults.
8. Missing Children
The WEA recognizes
that missing and abducted children are a serious problem in our society and for
our education institutions. We,
therefore, support programs in the state of
9.
Smoke-free Environment for Schools
The WEA supports
smoke-free/tobacco-free educational facilities.
10. Educational
Environment
The WEA believes that
the total educational environment including facilities and equipment should be safe and
healthy for students and public education employees. The WEA supports staff training addressing unsafe or unhealthy environments.
11.
Policies on Gangs
The WEA supports
national, state, local, and district and board policies that take a strong stance against gangs and
gang-related activities in our education institutions and communities.
C. Right to Privacy in the Public School Setting
The Fourth
Amendment to the Constitution of the
1.
HIV/AIDS
The WEA opposes
institution of mandatory/involuntary HIV/AIDS testing of students and public
education employees. Confidentiality of any test results must be carefully
maintained.
2.
Confidentiality of Library/
WEA supports
confidentiality of individual library/media center checkout and circulation
records to protect individual privacy of public education employees and
students.
3. Drug Testing of Students and Public Education
Employees
WEA recognizes drug
and alcohol abuse is a serious social problem in
4. Privacy Interests in Tools of Technology
WEA believes that
employees have privacy interests in the use of tools of technology. Any employer monitoring of employee use of
tools of technology should be specifically disclosed to employees in
advance. Any monitoring should also have
a necessary, significant relationship to the best interests of educating
students and should not harass, intimidate, invade personal privacy, limit the
right of association, or infringe on personal or academic freedoms.
D. Children and YOUTH AT RISK RIGHTS
Centers for Youth in Crisis
The WEA believes that the state of