Chapter 12

The LAW

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The Need To Understand Education’s Legal Environment

Have you ever thought about how laws, regulations, and court decisions affect the field of education?

Prospective teachers and veteran teachers need to have insight about legal matters of the profession Daily decisions can have legal

ramifications

Rules for Teachers - 1872

Teachers each day will fill lamps, clean chimneys.

Each teacher will being a bucket of water and a scuttle of coal for the daily session.

Make your pens carefully. You whittle nibs to the individual taste of the pupils.

Men teachers may take one evening each week for courting purposes, or two evenings a week if they go to church regularly. 3

Rules for Teachers - 1872

After ten hours in school, the teacher may spend the remaining time reading the Bible or other good books.

Women teachers who marry or engage in unseemly conduct will be dismissed.

Each teacher shall lay aside from each pay a goodly sum of his earnings for his benefit during his declining years so that he will not become a burden on society.

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Rules for Teachers - 1872

Any teacher who smokes, uses liquor in any form, frequents pool or public halls, or gets shaved in a barber shop will give good reason to suspect his worth, intention, integrity, and honesty.

The teacher who performs his labor faithfully and without fault for five years will be given an increase of 25 cents per week in his pay, provided the Board of Education approves.

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Rules for Students – Late 1800s

Respect your schoolmaster. Obey him and accept his punishments.

Do not call your classmates names or fight with them. Love and help each other.

Never make noises or disturb your neighbors as they work. Be silent during classes.

Do not talk unless absolutely necessary. Bring firewood into the classroom for the stove

whenever the teacher tells you to. If the master calls your name after class,

straighten the benches and tables, sweep the room, and dust everything until tidy.

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Learners Rights and Responsibilities

Many years ago, rules and regulations in teaching were not complex in loco parentis – school districts acted

“in the place of the parent” School personnel acted in the best

interest of the student Few legal complaints – schools were free

to deal with learners as they felt necessary

Court decisions have led to legal protections for students

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Learners Rights and Responsibilities

Is Education a Privilege or a Right? For most of the history of the

constitution, education has been viewed as a privilege

When legal action was taken, courts did not refer to the Bill of Rights

Decisions were made “based on whether there was a relationship between the school policy and an educational purpose” (Fischer, Schimmel, & Steelman, 2002)

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Learners Rights and Responsibilities

Is Education a Privilege or a Right? Example: 1915 – student expelled for

refusing to apologize for a speech made during a school assembly

Changes began to occur in the 2nd half of the 20th century

Literacy was seen as critical to economic well-being

Denying education was seen as denying the chance for earning

Thus education was beginning to be viewed as a right

Direct Correlation?

HS Dropout

HS Diploma

BS/BA MS/MA +

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

Level of Income

Level of Income

10source: http://www.census.gov/prod/2002pubs/p23-210.pdf

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Learners Rights and Responsibilities

Is Education a Privilege or a Right? Social circumstances

1969 – Vietnam caused people to question wisdom of government

Tinker v. Des Moines Independent School District

Discussed the issue of schooling as a right and the wisdom of government

Students wore black armbands to protest the war School officials passed a rule prohibiting the

wearing of the armbands Students suspended – Students challenged

suspension

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Learners Rights and Responsibilities

Is Education a Privilege or a Right? Social circumstances

Tinker Case, cont’d. Case reached U.S. Supreme Court Ruling established that individuals have a right to

a public education and that learners have constitutional rights as provided to all citizens

Tinker Case placed legal issues in schools in a new context

Policies and actions of school personnel were open for questioning and challenges

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Learners Rights and Responsibilities

Due Process Outlined in the 14th Amendment to U.S.

Constitution To be entitled to due process, individuals

must show that they have been deprived of a liberty or property right.

Liberty right – free from restraints except those imposed by law

Property right – the right to specific tangible or intangible property

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Learners Rights and Responsibilities

Due Process Ensures fair treatment in an adversarial

situation Refer to P. 316-317 for details

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Learners Rights and Responsibilities

Basic Rights (Extended to Students) Freedom of expression Freedom of conscience Freedom from unreasonable search Freedom from harassment Right to privacy Special rights for learners with

disabilities

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Learners Rights and Responsibilities

Freedom of Expression 1st Amendment to U.S. Constitution It is NOT unrestricted to students Students can oppose school officials Students cannot freely express if

expression interferes with learning process of others

Offensive clothing, symbols Verbal infractions that disrupt the class Lewd & lascivious language Language or speech that incites fighting or

rioting

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Learners Rights and Responsibilities

Freedom of Expression Threats of shooting, bombing, etc. –

little sympathy from courts Censorship issues – administration can

legally control expression in cases that are controversial

Clothing that students wear Is choice of dress a protected liberty right? How do you feel about school uniforms?

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Learners Rights and Responsibilities

Freedom of Conscience Examples: teaching certain content,

participation in patriotic activities, free exercise of religion

Books and materials that do not have legitimate educational purpose – Satanism, witchcraft

Flag saluting Sex education courses – Human Growth

& Development

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Learners Rights and Responsibilities

Freedom from Unreasonable Search and Seizure 4th Amendment to the U.S. Constitution Schools must have reasonable suspicion

Less stringent than probable cause (law enforcement)

Schools have to be concerned with intrusiveness – strip searches

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Learners Rights and Responsibilities

Freedom from Unreasonable Search and Seizure Tests for the appropriateness of a

search: Target of a search Quality of information that has led to the

search Nature of place to be searched Nature of the search itself

Teachers: Always check with administration FIRST

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Learners Rights and Responsibilities

Freedom from Harassment School leaders must maintain a safe and

orderly environment Bullying, sexual harassment, etc. is an

emerging issue in schools Some school districts are issuing zero

tolerance policies for any type of harassment

LCSB Policy 5.33

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Learners Rights and Responsibilities

Right to Privacy Involving the misuse of records Family Educational Rights and Privacy

Act (1974) Parents and guardians have free access to

child’s records Students over age 18 have same right Strict guidelines governing release of

records to other agencies Teachers should choose words carefully

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Learners Rights and Responsibilities

Special Rights for Learners with Disabilities Prior to 1970s, students with special

needs were excluded from school or were placed in special classrooms

PL 94-142, 1975 IDEA, 1990 Several legal cases have led to the

protection of rights of learners with disabilities

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Teachers’ Rights and Responsibilities

Teacher Certification A valid teaching certificate validates a

teacher’s legal right to be hired as a teacher

Regulations regarding certification vary by state

Certification leads to a teaching contract Certification gives a “presumption of

competence” Contracts without a valid certificate are

not binding

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Teachers’ Rights and Responsibilities

Continuing Employment and Tenure Teaching has a high degree of job

security Annual contracts (yearly contracts) - AC Tenure policies

Professional Services Contracts – PSC Continuing Contracts – CC Tenure was created:

To protect teachers from losing jobs as a result of exchanging ideas with students that may not be popular (political views)

As an exchange for the low pay teachers receive

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Teachers’ Rights and Responsibilities

Continuing Employment and Tenure Opponents of tenure state that it

protects incompetent teachers Incompetent tenured teachers can be

terminated, but it takes time and sometimes money

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Teachers’ Rights and Responsibilities

General Teacher Rights Academic freedom

Teachers can speak freely about the subjects they teach

Teachers can experiment with new ideas Teachers can select materials to use Teachers can decide on teaching methods

However…Teachers are still governed

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Teachers’ Rights and Responsibilities

General Teacher Rights Freedom of Religion

What rights do you have in refusing to teach content that might conflict with your religious beliefs?

Do you have to pledge to the flag if doing so is contrary to your religious beliefs?

Do you have the right to wear distinctive religious clothing when you teach?

Can you be absent from school to observe religious holidays?

What restrictions can be imposed on you that limit what you can say to learners about your religious convictions?

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Teachers’ Rights and Responsibilities

Lifestyle and Conduct Outside School Teachers’ sexual orientation Live-in arrangements with unmarried

partners Criminal conduct

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Teachers’ Rights and Responsibilities

Legal Obligations Reporting child abuse

Teachers are mandated reporters Negligence

Teachers have a responsibility to act as a professional

Misfeasance – acting unwisely or without taking proper safeguards

Nonfeasance – failing to act when duty calls Malfeasance – actions that are taken to

deliberately and knowingly harm someone