A Batavia High School teacher's fans are rallying to support him as he faces possible discipline for advising students of their Constitutional rights before taking a school survey on their behavior.

They've been collecting signatures on an online petition, passing the word on Facebook, sending letters to the school board, and planning to speak at Tuesday's school board meeting.
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Students and parents have praised his ability to interest reluctant students in history and current affairs.

But John Dryden said he's not the point. He wants people to focus on the issue he raised: Whether school officials considered that students could incriminate themselves with their answers to the survey that included questions about drug and alcohol use.

Dryden, a social studies teacher, told some of his students April 18 that they had a 5th Amendment right to not incriminate themselves by answering questions on the survey, which had each student's name printed on it.

The survey is part of measuring how students meet the social-emotional learning standards set by the state. It is the first year Batavia has administered such a survey.

School district officials declined to provide a copy of the survey to the Daily Herald, saying the district bought the survey from a private company, Multi-Health Systems Inc., and the contents are proprietary business information.

They did provide the script teachers were to read to students before the test.

It does not tell students whether participation is mandatory or optional.

An April email communication to parents said their children could choose not to take the survey, but they had to notify the district by April 17.

The survey asked about drug, alcohol and tobacco use, and emotions, according to Brad Newkirk, chief academic officer....

The Batavia School Boad Tuesday voted to issue a written warning of improper conduct to Batavia High School social studies teacher John Dryden for warning his students not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior.

"In this case, district teachers, social workers, guidance counselors, psychologists and others worked together for over a year to select a data-gathering instrument that could be used to determine what social or emotional issues our high school students are experiencing, and whether individual students could benefit from new or increased supportive intervention by our staff," Batavia School Superintendent Jack Barshinger said in a statement after a closed session to discuss the matter. "These purposes were shared with our parents and our teachers."

"The issue before the board was whether one employee has the right to mischaracterize the efforts of our teachers, counselors, social workers and others; and tell our students, in effect, that the adults are not here to help, but that they are trying to get you to 'incriminate' yourselves."

Barshinger said the board "has asked my administration to take steps in the future to increase parental awareness and transparency when gathering data about sensitive issues such as mental health or substance abuse issues. When a plan of action is developed, we have agreed to share those details with our community."

Before the closed session, dozens of students, parents, teachers and community members spoke in support of Dryden.

“These kids need to know that the U.S. Constitution is there for them,” Batavia 2nd Ward Alderman Alan Wolff told Batavia School Board members.

Wolff spoke before school board members went into a closed session to discuss the matter. At press time, board members were still in the closed session.

Fellow Batavia High School teacher Scott Bayer also spoke in support of Dryden.

“He is able to break through student apathy like no other teacher I know,” Bayer said.

He said other teachers advised students in a similar manner about the survey.

“Every teacher I talked to addressed students in the same way,” he said....