It took a couple of months to determine whether John Dryden, would be best described as a high school social studies teacher in Batavia, Illinois, or as an ex- high school social studies teacher in Batavia, Illinois.  That part had a happy ending: he was not fired, as appeared at one point to be likely, for his act of ethical heroism.

In April, he was directed by the school board to distribute a survey on so-called “emotional learning” to his students. The results of the test, created and scored by Multi-Health Systems, were to be evaluated by comparing them to statistical data obtained from a large sample of students of similar ages given the same test. The MHS test included thirty-four questions regarding the use of drugs, alcohol, and the students’ emotions. Though Dryden was supposed to assure his students that their responses would be confidential, they were not. Any student whose answers raised concerns was to be sent to the school’s  counselors.

After the teacher picked up the survey forms from his mailbox shortly before his first class of the day, he noticed that each survey form had a student’s name on it  and that the questions involved under-age drinking and drug use. He had just finished teaching a unit on the Bill of Rights, and recognized a looming Fifth Amendment violation while fearing that his students, who were used to following orders, would not be aware that their rights were in peril. The survey, he correctly surmised, was state-compelled self-incrimination, and a breach of his students’ right to refuse to incriminate themselves.There was no time to confer with administrators, so he told  his students that they did not have to complete the forms if doing so involved admitting illegal behavior. Continue reading →