A teacher attending a local church program near the school was asked about a student enrolled in her class. When asked if she taught the student, she replied, yes. She continued to say to the church member that the student was making poor grades and probably needed to be tested for special education. The parent was told what the teacher said about her child. The parent went to the school principal to complain.
This speech is unprotected because her expression is not in pursuant to official job duties and it does not relate to matters of public concern. The expression is a private matter. The constitutional inquiry ends and the employee can be disciplined. This speech undermines the integrity of the school and may also