NEWS

Pineville Junior teacher sues over Common Core post

By Melissa Gregory | mgregory@thetowntalk.com | (318) 792-1807
Debbie Vailes speaks at a town hall meeting hosted by State Representative Lance Harris (R-Alexandria) about Common Core educational standards in October 2014. Vailes has filed a federal lawsuit after she alleges that she was reprimanded by the Pineville Junior High School principal after she shared a photo critical of Common Core on her personal Facebook page.

A Pineville Junior High School teacher has filed a federal lawsuit against the Rapides Parish School District and her principal, accusing them of violating her free speech rights after she shared a photo critical of Common Core on her personal Facebook page.

The lawsuit was filed by the Thomas More Law Center in Ann Arbor, Michigan, a conservative firm that has been involved in cases against gay marriage and for personhood amendments and intelligent design.

Debbie Vailes, a Pineville resident who has taught English language arts, Social Studies and resource corrective reading, shared a photo showing a little girl crying about Common Core early on Sept. 23, 2014, from her own computer at home after seeing it on her timeline. The lawsuit alleges that the school's principal, Dana Nolan, gave Vailes a written reprimand later that day after Nolan had discovered the post through a third party.

Vailes posted the photo out of concern for her granddaughter, who attends "a nearby public school," reads the lawsuit, which asserts that Nolan's reprimand was pursuant to district policy on employee conduct.

"Defendant Dr. Dana Nolan told Plaintiff that 'you work for the public, you do not have an opinion. You are not to discuss your opinion in any way in public. Not on any social media, or any other public forum. If you are approached by the newspaper or tv, say, I cannot discuss this' or words to that effect," reads the lawsuit.

The lawsuit says Vailes, who formerly taught at Alexandria Middle Magnet School, felt violated, but removed the post because she was afraid of losing her job.

It also states that Nolan mentioned the reprimand at a mandatory staff meeting on Sept. 25, 2014, and warned her staff about sharing their personal opinions or speaking out.

Vailes alleges that, since then, her work environment has become hostile, with frequent visits to her classroom from administrators. She also says that she was stripped of her responsibility for her students Independent Education Plan folders and has been reassigned to work with emotionally disturbed students.

"Colleagues have informed Plaintiff that the E.D. teacher's position will be dissolved at the end of the school year, and likewise, Plaintiff will be terminated," reads the lawsuit.

Nolan, the lawsuit asserts, has shown "increased hostility" toward Vailes since Sept. 23, 2014. The lawsuit accuses Nolan of acting in a retaliatory manner and says the district does not adequately train or supervise its employees, leading to the violation of Vailes' free speech rights and a "chilling effect on the free speech rights of teachers, including Plaintiff, in violation of the First Amendment. Case."

Vailes' 14th Amendment right to equal protection also was violated, the lawsuit alleges.

The lawsuit is asking the federal court to take jurisdiction over the matter and to issue injunctions preventing the district from "applying and enforcing their unconstitutional speech actions, policies, practices, and procedures ..."

It also seeks a judgment and decree declaring that the district's training, supervision and policies "that disfavor speech and any viewpoint critiquing 'Common Core' violate Plaintiff's fundamental constitutional rights to freedom of speech and the equal protection of the law."

And the lawsuit, which asks for a jury trial, also seeks monetary damages and the payment of her legal fees.