Tuesday, April 2, 2013

2012 Cooper v Eugene School District




EUGENE SCHOOL DISTRICT NO. 4J, PETITIONER ON REVIEW, AND VERNE A. DUNCAN, SUPERINTENDENT OF PUBLIC INSTRUCTION FOR THE STATE OF OREGON, PETITIONER ON REVIEW





Janet Cooper was a special education teacher who converted to the Sikh religion. Upon her conversion to this faith, she notified school officials that her apparel would become religious in nature as she would begin to wear white robes and a white turban. The school notified her that she risked suspension in doing this as her actions would be in violation of an Oregon state law which would prevent her from wearing religious clothing to work. Ms. Cooper continued to defy the warnings of the school and the superintendent revoked her teaching certificate. Ms. Cooper took this issue to court stating that it was a violation of her first amendment rights.





The court of appeals originally sided with Ms. Cooper; however, this decision was overturned by the Oregon Supreme Court who sided with the school. The court noted that Oregon's Legislative Assembly passed ORS 342.650, which was a law implemented so that schools would be religiously neutral showing no preference of one religion over another. The court did not feel that the law violated Cooper first amendment rights and noted that the law allowed for teachers to wear small religious pendants. It was also decided that revocation of her teaching certificate was appropriate because of her open defiance to the school system.





Public schools may not endorse any form of religion, especially one religion over another. As a teacher, you may not openly endorse your religious preferences to your students. The ways that you can express your religion are very limited such as wearing a small pendant. Teachers teach an entire community of various races, religions, cultures, and ethnicities; therefore, they have to remain neutral. Teachers should also follow the rules of their school system as to not create conflict amongst students, parents, and administration. Open defiance and decisions to not remain neutral could get you fired and your teaching certificate revoked.





Background: Janet Cooper was a special education teacher in the Eugene County, Oregon school district. Upon her conversion to the Sikh religion she informed the school that she would begin wearing white clothes and a white turban as a part of her religious practice. She also informed the school where she worked that she had explained this and other changes to her students in the context of her religious conversion. The school district informed her that this change in dress was against regulations regarding religious dress while engaged in the duties of a teacher but she disregarded these warnings and continued to wear the white dress and turban. She was dismissed from her teaching position as a result. The state superintendent later revoked her teaching certificate. Ms. Cooper sued on the basis that the dismissal and revocation of certification violated her first amendment rights.





Decision and Rationale: While the court of appeals originally agreed with Ms. Cooper, the Oregon Supreme Court overruled this decision and sided with the school. It was decided that the school district had the right to restrict religious dress in an effort to remain religiously neutral and that in defying school district policy Ms. Cooper knew she risked having her certification revoked. The court decided that Ms. Cooper's first amendment rights had not been violated and that she had willfully violated school district policy knowing the possible consequences.





Implications: It is important that schools not endorse one religion over another. Public schools are federal agencies entrusted to educate a wide variety of students from different ethnic, racial and religious backgrounds and it is important that steps be taken to not make any of those students feel persecuted. As teachers it is our responsibility to be aware of what is allowed by our schools with regards to a display of faith and what is not allowed. If we choose to violate those rules we should be aware of the potential consequences from losing our jobs to losing certification.


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