Legal Issues – Chapter 14

1. Legal Issues – Chapter 14 • Today – School officials and teachers must be aware of legal issues. • Legal counsel is a must for all school districts. • As a future teacher, you need to know the basic laws regarding separation of church and state, freedom of speech, and student & teacher rights.

2. A legal document know as InLoco Parentis governed relationships between teachers and learners for decades. It stated that the school and the teacher acted “in the place of the parent.” • Over the past 40 years, court decisions increasingly have extended to students the same kinds of legal protections as adults.

3. Is Education a Privilege or a Right? • For most of its history, education was viewed as a privilege. School officials had great latitude in making and implementing school policies and rules. • However, over time, literacy & education have become critical to individuals’ economic well-being and social advancement. Education became a substantial right & all citizens were entitled to it. • Supreme Court Case – Tinker vs. Des Moines (1969) Students wore black arm bands to protest the Vietnam war & were suspended. The court ruled individuals have a property right to the educational services the school provides.

4. Due Process Outlined in the 14th Amendment to the Constitution. Certain procedures must be followed if thought a citizen’s rights might be in jeopardy. • Liberty rights – decisions affecting kids cannot be arbitrary. • Property rights – Courts ruled that individuals have a property right to an education need for consistent, clear rules; hearing; witnesses revealed; substantial evidence provided. Suspensions and expulsions must follow due process provisions.

5. Freedom of Expression • 1st Amendment – In general, this amend. does not protect behaviors of learners who engage in threats of violence. • Can punish for lewd or offensive speech • Support of school dress codes if guidelines are provided for health & reduced discipline. • Hairstyles are seen as an invasion of privacy and often not upheld by the courts.

6. Freedom of Conscience Courts have generally upheld that: Schools can use books that have a legitimate educational purpose. Learners can refuse to salute the flag, stand, or leave the room while a flag ceremony is conducted. (religious convictions) children should attend required sex ed. classes as long as parents can pull their kids. children may not have to participate in dance, watch a certain movie, or participate in gym class if there is a religious objection.

7. Freedom from Unreasonable Search and Seizure – 4th Amendment. • Probable Cause – Evidence is strong • Intrusiveness – Contact with the individual’s body – age & gender • A purse or book-bag – high degree of privacy. Strip searches illegal • School lockers can be searched. • School harassment & bullying must be addressed – Safety & order is a must!

8. Family Educational Rights & Privacy Act - 1974 • Parents have a right to access their children’s school records – kids over 18 can also do this. • Access to records is restricted to school personnel & those who have a “legitimate educational interest.” • Be careful what you place in a student’s file – Parents can challenge material & seek legal action if they see inaccuracies. • Handle student papers & grades carefully. Do not openly discuss a student’s weaknesses.

9. Teacher Rights & Obligations • Courts have ruled in favor of teachers when school boards tried to prescribe how they will teach and what prescribed materials they will teach with. • You have a right to address controversial issues that are relevant to what you are teaching.

10. Tenure & Academic Freedom Tenured Teachers Are Free to: • Choose subject Matter • Select Instructional Materials. • Assign Grades. However, the materials or methods you select must not be banned by clear school-district regulations, be age appropriate & relevant, not disrupt the learning process, or cause a breakdown in discipline.

11. Usual Causes for Teacher Dismissal (Due Process) • Incompetence • Insubordination • Inappropriate Conduct • Immorality • Neglect of duty • Cruelty • Willful Misconduct • Criminal conduct • Too little or too much Discipline • Negligence: Misfeasance – Nonfeasance - Malfeasance

12. Misfeasance – Teacher acts unwisely or without taking proper safeguards. (Allows a child to do something that could be considered dangerous) • Nonfeasance – Teacher fails to act where there is a duty to do so. (Teacher is away from area of responsibility & someone gets hurt verbally or injured) • Malfeasance – Actions taken to harm a student. (shaking, slapping, punching)

13. Employment Terms Teaching Contracts: • Contracts must be written. • Contracts must be approved by the school board. • Length of school day – class load – sick days – salaries – grievance. Yearly Contract: • Good for one year. • Teacher may be dismissed without explanation (Probationary Teacher)

14. Employment Terms – con’t Breach Of Contract: • Failure to perform. • Can result in professional and/or monetary consequences. Tenure: • Puts burden of proof for dismissal on the school district. • Usually granted after 3 - 5 years at the probationary level.