Marilyn Gardner, Lawyer, spent years teaching Advanced School Law at the Doctoral Level. Her focus was court decisions at all levels of government which have had an impact on the governance of schools and what school personnel can do in terms of the operation of schools, curriculum, instruction, assessment and school personnel, and treatment of candidates. Marilyn would always stress that failure to comply with school law can have far reaching and costly implications. In this section, Marilyn Gardner teaches about Title IX and Sexual Discrimination.

1. Freedom of Association
Marilyn Gardner, lawyer, spent years teaching Advanced School Law at the university doctoral
Level. Her focus was court decisions at all levels of government which have had an impact on
the governance of schools and what school personnel can do in terms of the operation of schools,
curriculum, instruction, assessment and school personnel, and treatment of candidates. Marilyn
Gardner, Lawyer, would always stress that failure to comply with school law can have far
reaching and costly implications.
The K-12 School Law Series curriculum focuses on the Pearson Educational
Leadership Series books which focus on the major areas of school litigation and promotes an
understanding of the principles of law that guide the governance and operations of schools while
equipping school authorities with appropriate knowledge, skills and disposition to fulfill their
obligations to school-aged youngsters.
In her research, she identified four Pearson Educational Leadership Series books
(https://www.amazon.com/School-Law-Public-Schools-Educational/dp/0137072759) that are
valuable resources on these topics. They cover many facets of K-12 School Law and are
important resources to empower school administrators and staff. They are:
 Law and Ethics in Educational leadership, David Stader ISBN: 978-0-13-268587-0
 School Law and the Public Schools, Nathan Essex, ISBN: 978-0-13-707275-0
 A Teacher’s Pocket Guide to School Law, Nathan Essex, ISBN: 978-0-13-335191-0
 School Law: Cases and Concepts, Michael W. LaMorte, ISBN:978-0-13-707247-7
Pearson’s resources (https://www.pearson.com/us/sign-in.html) focus on the major areas
of school-related litigation and the implications of court rulings for school leaders, teachers as
well as the related changes in policy affecting the school environment. School staff will be
empowered to deal in legally defensible ways with school- and community-based situations and
remain current with school related law and policy.
Topic: Freedom of Association
Pearson Educational Leadership Series
 Sample Scenarios from: Law and Ethics in Educational leadership, David Stader
(ISBN: 978-0-13-268587-0) and School Law and the Public Schools, Nathan Essex,
ISBN: 978-0-13-707275-0
School leaders must balance the constitutional rights of public employees to associate with
individuals and groups of their choosing with the school’s interest in employing teachers who are
role models for their students. A teacher’s membership in a particular group may raise serious
questions. Skills for identifying, knowing, applying, and advising include the following

2. In this activity, you will respond to a letter received from the President of the Socialist
Party of America in response to your request for membership information about a teacher in your
school. Review the letter and answer the following questions.
Freedom of Association in the Socialist Party of America
Dear Principal Maxwell,
I’m responding to your recent letter concerning Adam Johnson. I’m proud to report that
Comrade Johnson is a distinguished and active member of our organization, The Socialist Party
of America (SPA). In fact, I’m planning to appoint him next year as our National Vice-
Chairman.
You also asked about our goals and priorities. Here are several from our Charter. We
believe in:
• The redistribution of wealth from the rich to the poor;
• The total purging of the exploitative capitalist system in the U.S. through
whatever means necessary;
• The transformation to universal socialism throughout the world;
• The struggle for the unity of the working class;
• The elimination of male supremacy and white chauvinism;
• Citizenship for undocumented citizens;
• The full social, political, and economic equality of the African-American, Mexican-
American, Puerto Rican, Native American Indians, Asian, and Pacific Islanders; and
• The equality of gays, lesbians, bisexual, and transgender people.
Contact me if you have additional questions.
Sincerely,
Comrade Tony Martin, President
My first question is
What questions are raised about Adam’s membership in the Socialist Party of America?
Is there a potential conflict here between Adam’s freedom of association and his role as
a public school teacher?
The answer is: The U.S. Supreme Court concluded in Ambach v. Norwick (441 U.S. 68, 99
S.Ct. 1589, 60 L.Ed. 2nd 49) that “a teacher serves as a role model for his students, exerting a
subtle but important influence over their perceptions and values.” Adam’s membership
in the Socialist Party of America, therefore, may have an adverse impact on his employment as a
public school teacher. A responsible school leader will investigate.
Question 2
What legal principles apply in this case?

3. Question 2 Hint
I think we first have to think about what specific guidance does the U.S. Supreme Court offer?
The U.S. Supreme Court has consistently protected public employees’ rights to freedom of
association with a vast array of individuals and organizations without reprisal from school
officials. Here are some illustrative examples from seminal cases. ''It is beyond debate that
freedom to engage in association for the advancement of beliefs and ideas is an inseparable
aspect of the 'liberty' assured by the Due Process Clause of the Fourteenth Amendment, which
embraces freedom of speech” (NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460 -61
(1958)
Question 3
How do you apply these legal principles?
A hint is:
What action do you take with Adam?
Question 4
President Martin has asked Adam to serve as National Vice-Chairman next year. Adam is
seeking your advice on whether to accept this appointment. How do you advise him?
Question 4 Hint
List specific questions you must ask Adam about his participation in the Socialist Party of
America in order to properly advise him. Include your rationale for asking each question based
on legal principles.
To find detailed explanations of the Court rulings in these scenarios and others as well as the
guidelines principals and administrators should be following when it comes to freedom of
assoication refer to: Law and Ethics in Educational leadership, David Stader (ISBN: 978-0-13-
268587-0) and School Law and the Public Schools, Nathan Essex, ISBN: 978-0-13-707275-0.