Teachers’ and Students’ Rights and Responsibilities

Chapter 10

Teachers’ Rights

• Licensing and Certification…a State responsibility, but in the midst of change because of NCLB: e.g. teacher license in K-5, and “highly qualified” in every subject area in 6-8

• NBPTS establishing uniform standards for high professional teacher competence, three step process: initial licensure, Teacher’s certificate, Advanced Teacher’s certificate

Contracts

• Early contracts were oral and then written lists of duties and obligations for both in-school and out-of-school behavior

• After WWII, teachers became more politically active and NEA and AFT began to represent teachers in contract negotiations in greater numbers

• Exclusive right of the School Board to negotiate contracts

• Binding agreements

Tenure

• The equivalent of civil service for teachers• In the 1800s the spoils system led to many

unqualified people being hired by government officials. In 1883, the first civil service act was passed, setting the terms for hiring and continued employment of government officials

• Protects good teachers from arbitrary and unwarranted release, especially during a time of teacher surplus

• Due process: embodied in 14th amendment, requires written notice of the charges and the right to an administrative hearing

Fitness of a Teacher

• Most often called in question:

• Incompetence

• Immorality

• Insubordination

• Neglect of duty and unprofessional conduct

• Burden of proof is on administrators

Academic Freedom

• The right to pursue an argument, idea, or discussion wherever it may lead (goes back to Plato)

• More often associated with higher education than P-12 schools

• Society tries to have control over P-12 aged students, and also the teachers of these students

Academic Freedom

• Courts generally support teachers’ freedom (within limits) of curricular materials and methodologies, but school boards have the final responsibility over curricular decisions

• Multicultural education may be challenged in some school districts

Tort Liability

• The liability against a teacher is called a tort… a tort is a civil wrong

• In loco parentis…legal right to stand in for a parent in working with minors…so lots of responsibilities to ensure student safety

• Negligence Tort…students are not protected from harm

• Intentional Tort…full knowledge and intention to harm a person

Teacher Equity Responsibility

• Racial integration

• Gender equity

• Elimination of sexual harassment

• Language equity

• Disability equity

Students’ Rights

• Many students’ rights gained during the 1960s as a part of the Civil Rights Movements

• The right to attend school, freedom from arbitrary suspension

• Freedom of speech and distribution of literature…not coextensive with adults’ rights

• Dress and grooming

Students’ Rights

• Pregnancy and marriage

• Unreasonable search and seizure

• Student records…FERPA, Family Educational Rights and Privacy Act

• Religious rights…establishment clause and free exercise clause