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This article examines teacher off-duty conduct and speech and their relation to adverse employment and licensure action against teachers. The article discusses the case law concerning the regulation of teacher off-duty conduct and speech not involving students where such behavior is arguably unrelated to the teacher’s employment, focusing on the shift from the vague “immorality? standard to the development and adoption of the nexus requirement by most courts and highlighting the parallel judicial treatment of off-duty conduct and speech in public employee and teacher speech cases. It then delineates a proposed framework, which divides teacher off-duty conduct and speech into two general categories, i.e., lawful off-duty conduct and speech and unlawful off-duty conduct or unprotected speech. The article analyzes the existing case law relevant to each category of the proposed framework. The article concludes by suggesting that judicial adoption of the proposed framework will augment the nexus standard, thereby protecting teachers’ off-duty conduct, associational and speech rights, while still providing school districts and teacher licensing boards authority to take adverse action against teachers where their off-duty behavior makes them unfit to teach.

Beyond Nexus: A Framework for Evaluating K-12 Teacher Off-Duty Conduct and Speech in Adverse Employment and Licensure Proceedings