School Law

Do you know your rights & responsibilities as a teacher?

Teachers’ Rights & Responsibilities

• Employment• Academic Freedom• Copy Rights• Teacher Liability• Child Abuse• Teachers’ Private Lives

Teacher Rights & Responsibilities

• Employment – Licensure

• State evaluates your credentials – Bachelor’s degree – accredited college/university

• Screened for felony arrest, history of abusing/molesting children• Competency Tests

– Controversial, but have held up in court

– Contracts • Teaching contract – legal employment agreement between you and a

local school board– Cannot discriminate

• School board can be sued if they break contract w/out due cause • You can loose your certificate if you breach your contract• READ IT CAREFULLY

EMPLOYMENT

• Organizations – National Education Association (NEA) or American

Federation of Teachers (AFT)• Collective Bargaining– Occurs when a local chapter negotiates with a school

district over the rights & responsibilities – Most states – law – largest organization – final agreement –

applies to all teachers – Teachers may file a grievance – formal complaint against an

employer alleging unsatisfactory working conditions • Cannot be fired• Professional organization – legal counsel

– Political

Employment

• Tenure– Legal safeguard that provides job security by preventing

teacher dismissal without due cause– Designed to protect teachers from political or personal

abuse– Most districts require probationary period before tenure is

granted – 3 years– Can be dismissed: incompetence, immoral behavior,

insubordination or unprofessional conduct– Due process must be observed, when charges of filed

• A written description, access to evidence & names of witnesses, right to representation, school board decision based on finding of hearing, written record of hearing and right to appeal

Employment

• Dismissal– Yearly contract until you are tenured – Reduction in force

• Budget cuts, declining student numbers, course/program cancellations

• Typically dismissed teachers with least seniority• Can involve tenure and nontenure teachers

– Dishonesty on job application – Reduction in job force

• http://www.kentucky.com/2014/09/27/3450185/as-families-flee-coal-country.html

Academic Freedom

• Refers to your right to choose both content & teaching methods based on your professional judgment

• 1st Amendment – protects freedom of speech– So when do you as a teacher go to far??

Academic Freedom

• State & District Curriculum frameworks – guides• Free to teach topics that you see fit within each• Discipline or even dismissed• Courts consider the following– Goal in discussing the topic– Age of students involved– Relevance of materials– Quality of questioned material/method– Existence of policies related to issues

Academic Freedom

• Public Employee vs. Private Citizen • Clear goals, justify them • Unsure – check with principal or school

administrator• Grading – Consistent– Evidence

Copyright Laws

• Copyright laws - Federal laws designed to protect the intellectual property of authors

• Fair use guidelines – policies that specify legitimate needs of teachers & learners

• Examples of what you can and cannot do– Software – back one only 1– Record something on television – show it within 10 days– Cannot charge students more than what it is worth– Government document – you can print as many as you

want

Teacher Liability

Teacher Liability

• Legally responsible for the safety of students • In loco parentis – “in place of the parents”• Negligence – a teacher’s or other school employee’s failure

to exercise sufficient care in protecting students from injury• Parent can and will sue• Courts consider:

– Reasonable attempt to anticipate dangerous situations– Proper precautions & establish rules & procedures to prevent

injuries– Warn students of possible dangerous situations– Provide proper supervision

Teacher Liability

• Field trips – parent consent form • Consider – ages & developmental levels• Some classes & ages & students = require

more supervision • Accidents can and do happen – liability

insurance

Child Abuse

• What do you have to do when you suspect it?

Child Abuse

• All 50 states & DC have laws requiring educators to report suspected child abuse

• Protected by legal action if you acted in “good faith” & without “malice”

• Report it to administration/counselors• All schools have procedures put in place

Teachers’ Private Life

• How private is your life outside of school?

Teachers’ Private Lives

• You do more than teach, you are a ROLE MODEL– Scrutinized more

• Clear answers do not exist – Consider the community in which you live and teach?– Court cases

• Notoriety – the extent to which a teacher’s behavior becomes known as controversial.

• Classroom – is not yours – it is public – therefore no illegal activity

Religion In Schools

• Can there be prayer in schools?? Football games?? Graduation??

Religion and the Law

• 1st Amendment• Prayer in Schools– Sanctioned prayer and religious symbols – violate

separation of church and state– Student/parent led – not a violation, but still may be a

violation • Religious Clubs/Organizations– Schools must allow

• Religion in the Curriculum – only When a clear purpose is presented

Students’ Rights & Responsibilities

• Do you know your rights and responsibilities as a student??

• Is corporal punishment still legal?? • Can I give your grades out to anyone??

Students’ Rights & Responsibilities

• Freedom of speech• Freedom from sexual harassment • Permissible search & seizure• Records & privacy• Corporal Punishment• Rights in disciplinary actions• Students with AIDS

Freedom of Speech

• Students have the right to free speech in schools – when it doesn’t interfere with learning

• Examples from the book

Freedom of Speech

• What would happen if you created a mock MySpace profile for your principal and posted outrageous & unbelievable statements??

Freedom of Speech

• Cyberbullying– What can schools do?? - not clear– Teachers – take a stand in your class – that it is unacceptable

behavior • Sexting

– Students send sexual photos, videos from one cell phone to another.

– 5% - 20%– Form of cyberbullying– Schools – interested in keeping children from harm, but hesitant

to become involved in personal matters – Pic of person under 18 – Child pornography

Freedom of Speech

• Dress codes – Expression of who you are– 1st Amendment protected?? - Complex answer– Clothes – interfere with the learning?? Harmful to

other students??• School Uniforms – Courts – rule in favor of - Better student behavior

Sexual Harassment

• What is sexual harassment?

Sexual Harassment

• Common on many school campuses• Parents – courts• In GA, parents of 5th grader sue the school

district – they won• Teachers – monitor student actions (classroom

& hallways)• Clearly communicate that it will not be

tolerated

Can you identify……

• Teachers’ Rights & Responsibilities• Students’ Rights & Responsibilities

Question:• Can I legally search your property (purse, gym

bag)??? Locker?

Permissible Search & Seizure

• 4th Amendment – protects citizens from unlawful search & seizure & warrants are required

• Educators – dilemmas• Students – rights, however due to drug/alcohol use &

violence – administrators feel compelled to do something– T.L.O. – denied smoking – teacher opened purse – found cigs,

then emptied purse • Courts – legal – certain problem – schools – probable cause

– Metal detectors – nonintrusive – Strip searches – illegal (generally)

• Example: girl – dog, students – money

– Lockers – school property – reasonable cause • Texas – monitoring chips in name tags??

What is FERPA??

Student Records & Privacy

• Family Educational Rights & Privacy Act (FERPA), Buckley Amendment – federal act that makes school records accessible to students & their parents– Inform parents of their rights regarding their child

records – Provide parents access to their child’s records– Procedures that allow parent to challenge &

possibly amend information – Protect parents for disclosure of information to

third parties

Corporal Punishment

• The use of physical, punitive disciplinary actions to correct student misbehavior

• Highly controversial • Prohibited in 30 states & DC• Common in the South • http://kyyouth.org/wp-content/uploads/2012/11/Ending-Corporal-Punishment-in-Kentucky-

Public-Schools.pdf

Corporal Punishment

• Legal guidelines suggest:• Psychologists disapprove– Negative side effects: model of aggression– More effective alternatives

Disciplinary Actions

• 14th Amendment – no “state shall deprive any person of life, liberty or property with out due process of law”

• Due process – key element in disciplinary matters

• Students – right to education – limiting that right – due process must be followed

• No expulsion or suspended 10 or less, = administration free to discipline as they see fit– Longer – procedures are detailed & formal

Disciplinary Actions & Students with Exceptionalities

• Provided with legal safeguards under IDEA• If the student’s behavior was not a

manifestation of their disability – discipline same as other students – however, school has to provide educational services in an alternative placement

• Special circumstances – student can be removed up to 45 day – regardless if it was a manifestation of disability

Students with AIDS

• School cannot discriminate against individuals

Questions