Teachers and the Law, 8e

1. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

2. Chapter 13 What Are My Rights Under Due Process?

3. Key Concepts Due Process for Teachers Due Process for Students Corporal Punishment School Searches

4. Essential Question How have teachers and students secured justice when they are in conflict with school officials?

5. KEY TERMS

6. Due Process for Teachers How do the due process procedures affect tenured or probationary teachers?

7. Procedural Due Process Fairness in Procedures has adequate Notice and Hearing before an impartial tribunal where the teacher’s side of the conflict is presented. represented by lawyer. present evidence and to cross-examine witnesses. receive a written copy of the findings and conclusions. has an opportunity to appeal.

8. Cases Board of Regents v. Roth Board of Education v. Doyle (Mt. Healthy Case)

9. Mt. Healthy Case • The Court tried to • balance the rights of the individual probationary teacher with the social interest in conducting effective and efficient public schools. • state that the individual has to show that the protected activity was a “substantial factor” or a “motivating factor” in the board’s decision not to renew the contract.

10. Due Process for Students • In Loco Parentis Doctrine • means in place of the parents. • used to justify the power and authority of school officials over students at school or while traveling to and from school. • has been weakened since the courts are recognizing the constitutional rights applied to students and schools. • Suspensions • Short, Minor, Serious cases

11. Due Process Procedures Expulsion and Suspension • Written notice • state charges • give the time and place of hearing • describe the procedures to be followed at the hearing • evidence • Witnesses/substance of testimony • right to cross examine witnesses • present evidence on students’ behavior • written/tape record of proceedings • right of appeal

12. Case Presentation Goss v. Lopez

13. Disciplinary Matters Long Term Suspension or Expulsion or Significant Penalty Extensive/Careful Due Process Discipline Continuum Trivial or minor matters Emergencies

14. Corporal Punishment • It is not unconstitutional. • Reasonable limits • Prohibited in most districts • Parents (in general) can not prohibit the use of corporal punishment if it is allowed by the state.

15. Case Presentation Ingraham v. Wright

16. School Searches School officials can search student lockers • “Reasonable suspicion” - suspect that something illegal or dangerous is in the locker • Inquiry must be twofold • One must consider “whether the ….action was justified at its inception. • One must determine whether the search that was actually conducted was “reasonably related in scope to the circumstances which justified the interference in the first place.”

17. Cases People v. Overton New Jersey v. T.L.O. Safford Unified School District v. Redding

18. Pregnancy Test Police search school lockers or students without search warrants Urine test to detect or prevent drug abuse for students unless student sign waiver Zero Tolerance Use of metal detectors Forbid the bringing of weapons to schools Student Rights

19. Case Presentation Vernonia School District v. Acton

20. Initial Proceedings Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Discovery Begins Case Study Settlement Conference • Step by Step • In The • Court System OUTCOME EDUCATIONAL IMPLICATION

21. Essential Question How have the court rulings affected the decision-making process that educators maintain in protecting the due process proceedings for teachers or students?