California Teachers Assn. v. Governing Board

Summary

This case arises because a school district has adopted a policy which prevents its employees from wearing political buttons at work sites during work hours. Acting on behalf of its members, a teachers’ union challenged the policy by way of a petition for a writ of mandate. The trial court found the policy unduly infringed on the teachers’ right to free expression and granted the writ. The school board filed a timely notice of appeal.

We find the district has the power to prevent its employees from wearing political buttons in its classrooms and when they are otherwise engaged in providing instruction to the district’s students. On the other hand we find the district has no such power when its employees are not engaged in instructional activities.

I

Factual and Procedural Background

By way of an initiative on the November 1993 ballot, California voters were asked to consider a proposal to adopt a voucher system of financing elementary and secondary education. Appellants Governing Board of San Diego Unified School District and Bertha Pendleton, superintendent (collectively district), adopted a resolution, stating the initiative would have a detrimental impact…