Local school board member on Cape Cod, fired from teaching job over TikTok posts, files Free Speech lawsuit

A school board member and teacher in Bourne, Massachusetts, was fired from her teaching position because of her posts on social media, which included comments about transgender people and critical race theory.

Key Player

Kari MacRae is a local school board member who was elected to the Bourne School Committee, on Cape Cod, in May 2021, after running unopposed. She formerly served as a math and business teacher at Hanover High School until she was fired in September 2021 for resurfaced social media posts she made during her election campaign.

Further Details

On the day of her election, MacRae posted one of the controversial videos in question to TikTok, stating her intentions behind running for office.

“The reason I ran for school board and the reason I’m taking on this responsibility is to ensure that students, at least in our town, are not being taught critical race theory,” MacRae said in the video, according to the Cape Cod Times. “They’re not being taught that they can choose whether or not they want to be a girl or a boy.”

Another video uploaded by MacRae and obtained by Boston.com included remarks against the use of singular “they” pronouns. 

The social media posts drew attention from the local teacher’s union and community members, who pressed for MacRae’s resignation or termination. MacRae was still in the first 90 days of her teaching job, which allowed the school district to terminate her with or without cause. 

According to Boston.com, in September 2021, the Bourne Educators Association called for her resignation, saying her views did not align with the district’s values and could be harmful to students. 

On Sept. 22, 2021, at a school committee meeting, MacRae refused to resign, saying she’d been the target of “reckless and false charges and innuendo.”

Outcomes

MacRae fired from teaching position, claims First Amendment rights violated

On Sept. 29, 2021, MacRae was terminated from her teaching position at Hanover High School. Following her termination, MacRae argued her TikTok posts were protected under the First Amendment and that her firing was politically motivated. 

“If you’re not 100 percent all in on every single thing they agree with, then you’re against them and I think that’s really unfair,” MacRae said to WBZ NewsRadio 1030.

On Oct. 12, 2021, MacRae told the Cape Cod Times she plans to sue the Hanover School District for violating her freedom of speech and is still fighting opponents who argue she should resign from the school committee.  

Matthew Ferron, superintendent of Hanover Public Schools, released a statement to the Cape Cod Times, clarifying the policy of the school system. He said the public school district respects employees’ First Amendment rights, but “if a teacher publicly interfaces with the community in a way that may negatively impact our ability to provide a positive and distraction-free learning environment for our students and staff, it is important that school districts have the ability to exercise their 90-day dismissal option under Massachusetts law.”

MacRae may face a recall vote by the Bourne School Committee

MacRae has no plans to resign her elected office, but the seven-member Bourne School Committee may vote to recall her. 

However, local officials must be in office for at least six months before they can face a recall vote, according to the Cape Cod Times. MacRae reached the six-month mark in November 2021.

MacRae files suit in federal court in Boston against principal and superintendent

On Nov. 29, 2021, MacRae filed a federal lawsuit against Principal Matthew Mattos of Hanover High School, and Superintendent Ferron, arguing that she had been exercising her freedom of speech with her comments, and that her use of social media was in her capacity as a political candidate voicing matters of public concern, not as a teacher. The complaint also stated that MacRae “suffered loss of earning, emotional distress, loss of reputation, and harassment” due to Mattos and Ferron violating her constitutional rights.