A Prior Lake teacher is threatening to sue the school district that disciplined her for repeated violations of its social media policy.
Brooke Zahn, who teaches fourth grade at Jeffers Pond Elementary school, admitted that she used her personal Facebook account to share an image of a cartoon family and the words, “A FAMILY THAT IS DEPORTED TOGETHER STAYS TOGETHER,” in a Facebook group last December.
The district disciplined her for the post by suspending her from work without pay for 7 days in December. The district confirmed that she has returned to teaching.
The Prior Lake-Savage Area Schools district issued Zahn a disciplinary letter in December saying her post prompted “several families” to inquire about removing their children from her class or request a written statement that their children not be placed in her class in the future. The post also prompted district staff to create a “support group” to address the “harm” from her post.
“Furthermore, your actions have significantly undermined trust and relationships within the Jeffers Pond community, raising serious concerns about your educational effectiveness, especially in your classroom,” read the district’s letter. “Overall your decision to post this message and refusal to acknowledge any harm it caused is conduct unbecoming a teacher.”
Documents obtained by Sahan Journal show that Zahn was also disciplined for violating the district’s social media policy in 2021. The district first reprimanded Zahn in 2021 for making social media posts about her refusal to wear a mask during the COVID-19 pandemic and not requiring her students to follow the mask requirement.
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“I will not be covering my face, I will not require my kids to, and if others will take a stand and do the same, we will be an army that puts an end to this nonsensical battle,” she wrote in one post, according to the district’s 2021 disciplinary letter.
The district ordered Zahn to review district policies and not to engage in retaliation, or perform any same or similar conduct in the future. She received a second disciplinary letter from the district the next month, reprimanding her for continuing to not require her students to wear masks. She was suspended for four days without pay that year.
Zahn’s legal representative, James Dickey, sent a letter to the district on Feb. 10 saying that disciplining Zahn for her December post violates her First Amendment rights. He demanded that the school district rescind its disciplinary action against Zahn in the December case by 5 p.m. Feb. 28, or she would file a lawsuit against the district.
“Miss Zahn has the right to make statements that are political in her personal capacity outside of the school,” said Dickey, senior counsel at the Upper Midwest Law Center. “Everyone should understand that if the school district can punish Brooke Zahn for posting this meme, that opens the gate for other school districts in other places to punish people because they claim some sort of disruption, as meager that disruption may be.”
The district said in an email statement to Sahan Journal that it would not comment on Dickey’s letter or potential litigation.
The district’s December letter to Zahn said her social media post caused “significant educational disruption across the district,” and also cited her previous violations.
The district’s December letter says that parents and community members on social media might perceive district employees as a representative of the school or district, and that the social media policy provides guidelines and rules to ensure professionalism.
The December letter includes an excerpt of the district’s social media policy that says employees must be “respectful and professional” in all communication. District employees must also clearly state that any viewpoints expressed in social media posts are theirs alone and do not represent the district, according to the letter.
Sahan Journal requested Zahn’s personnel file in early January and received it on Feb. 7. It did not include documentation of the district’s December disciplinary action against Zahn. When asked by Sahan Journal on Feb. 11 if there were any current complaints against Zahn, the district’s communications director, Kristi Mussman, replied in an email that there wasn’t.
The district shared documentation of the December discipline on Feb. 13, two days after FOX 9 published an article about Zahn’s threat to sue the district in which she and Dickey first confirmed the discipline. The documents about Zahn’s discipline were “not public” at the time of Sahan’s request, Mussman said.
Zahn is demanding that the district provide back pay for the seven-day suspension and issue a formal apology on “all forums” where the district reported the incident, including an oral apology at a school board meeting no later than March 7.
Dickey’s letter said the district mandated that Zahn attend cultural competency and inclusion training, and that she was banned from posting content that “could reasonably be perceived as inconsistent” with her role as a district employee.
Dickey accused the district of “retaliation against Ms. Zahn’s past political speech and a prior restraint against her future political speech.” He described the demand letter as a “modest offer.”
“I think the district has a really easy way out here,” he said. “We’re not asking for, at this point, attorney’s fees. We don’t care to make a bigger deal out of this than it needs to be. We just want justice for our client.”
District Superintendent Dr. Michael Thomas, the school board, and Jeffers Pond Principal Patrick Glynn received Dickey’s letter. School board members Jessica Mason and Mary Frantz declined to comment, citing the district’s policy; others did not return messages seeking comment.
Zahn did not return messages seeking comment at phone numbers and an email address linked to her. Someone who answered a call at a phone number listed for her classroom declined to comment or identify themself.
Two students and a parent spoke against the anti-immigrant post at a Dec. 9 school board meeting, pressuring the district to take action. Some attendees applauded their remarks. The district confirmed to Sahan Journal in December that Zahn is a teacher with the district, but declined interview requests about the anti-immigrant post.
“Our priority is maintaining a positive and welcoming environment for students, families, and staff,” read the district’s statement at the time. “We value every family and individual who is a part of our school community, and we strive to ensure that everyone feels respected and appreciated.”
Concerned parents shared emails with Sahan Journal that the district and Jeffers Pond’s Principal, Patrick Glynn, sent to parents at the time saying they prioritize a positive and welcoming environment.
Some parents told Sahan Journal Zahn has a history of violating the district’s social media policy, and that they believe the district’s discipline has been “reasonable.” However, they said, the district did not share information about the December discipline with parents.
“I am legitimately concerned about her biases impacting students in the classroom,” said Megan American Horse, who has a child at Jeffers Pond.
Dickey said he was unaware of any complaints from Zahn’s students or their parents.
“We don’t know of anyone who’s reported anything less than stellar performance by her in her job as a teacher, regardless of what people perceive to be her viewpoint towards anyone,” he said.
Still, he said, Zahn worries about losing her job. Zahn was hired in 2016 as an elementary teacher at Jeffers Pond Elementary School. She earned her teaching certification at the University of Minnesota, and previously taught in Ohio, Massachusetts and Texas.
“There’s a real fear that the district is going to fire her or something like that if she continues to speak her mind, even if it’s outside of the school,” Dickey said. “This job is her dream job, as she’s described it. She has her own viewpoints, of course, and we think she’s got a right to express them. And her expression of her political views shouldn’t interfere with her doing her job.”
Dickey said he is aware of the two incidents in 2021, but was not familiar with the specific circumstances, adding that it’s possible the district also violated Zahn’s First Amendments rights for disciplining her in the past.
“No matter your personal beliefs about masks, it is your job as a teacher to enforce the District’s requirements in your classroom and not to set your own rules, either explicitly or implicitly, that contradict those requirements,” read one of Zahn’s disciplinary letters in 2021.
The district cited the 2021 case in its December disciplinary letter, noting that Zahn’s recurring violations and “continued disregard” for the district’s policies warranted her suspension.
