Christine Engelbrecht
Dear Members of the Los Alamos Public Schools School Board,
I am writing to you out of concern about the clarity and implications of proposed School Board Policy #4030.1
First, I am confused by the ambiguous language in this school board policy. The policy starts off by saying that we retain our rights to expression despite being employees of a school district, but then goes on to say that we should avoid expressing our “personal political, religious, or other beliefs while acting in a ‘professional capacity.’” “Professional Capacity” is not defined. It is not clear who is to make the determination of whether we are speaking as individuals and citizens or teachers and school employees. Who is to decide which of our expressions is included in our professional capacity when the entirety of our small town already recognizes us as teachers? When we talk to people in the grocery store? Speak at school board meetings? Participate in community forums on social media?
Furthermore, the line that states “Therefore, when a District employee makes statements or otherwise “speaks” in their capacity as an employee.” is a sentence fragment and is unclearly linked to the sentences around it. Are you saying that we are not to participate in civic engagement along with our students in class activities? Or, that we are not to engage in community discussion using our knowledge that we have amassed over long careers as educators? The sentence “The employee is not considered to be speaking as a citizen for First Amendment purposes, and the Constitution does protect such communications from discipline.” is also contradictory and unclear. Are you saying that we will be disciplined for using our Constitution-protected first amendment rights to participate in community discussion? Or are you saying that the constitution does protect us from the discipline of the Los Alamos Public Schools administration if we say something that the district does not agree with?
Some parts of this policy are in direct contradiction to our collectively bargained agreement. Your policy implies that teachers may be disciplined for public expressions which “undermine[s] the employee’s effectiveness in the workplace or are disruptive to the educational process.” But, Article V, Section C, Paragraph 4 of our CBA guarantees certified employees the right to “retain all political rights, including the right to express their personal opinions objectively on issues of public concern.” How can a school board policy imply that we can be disciplined for expressing our beliefs if we have a collectively bargained agreement that guarantees our right to do so? It is also ambiguous as to who determines when and if our effectiveness as educators is undermined by our freedom of expression. The line drawn between our identities as teachers and as citizens of this community is not clearly respected by a policy that implies that Los Alamos Public Schools has control over our expressions outside of contract hours or can discipline us professionally for events and expressions that are made in our personal lives.
Aside from the confusing word choice and unclear statements, this policy sounds as though it is meant to scare teachers into keeping quiet about community concerns or any work-related matters which we have a right to speak to. This policy sounds like Los Alamos Public Schools believes that any of our speech which is found to be inconvenient for the district can be deemed to be “disruptive” and then disciplined. Any other intent or purpose for this policy is unclear. If this is not the school board’s intention, I would urge you to table this policy until it can be written in such a way that is not threatening, insulting, and disenfranchising to teachers as members of this community.
Respectfully,
Christine Engelbrecht
Los Alamos District 4 Resident & LAPS Employee
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