Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 13 What Are My Rights Under Due Process?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Concepts Due Process for Teachers Due Process for Students Corporal Punishment School Searches

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Essential Question How have teachers and students secured justice when they are in conflict with school officials?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved KEY TERMS Arbitrary/discriminatory/unreasonable Procedural Due Process Probable Cause Reasonableness Zero Tolerance Exclusionary Rule

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved How do the due process procedures affect tenured or probationary teachers? Due Process for Teachers

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Cases Board of Regents v. Roth Board of Education v. Doyle (Mt. Healthy Case)

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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 Due Process for Students

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Goss v. Lopez

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Trivial or minor matters Emergencies Disciplinary Matters Long Term Suspension or Expulsion or Significant Penalty Extensive/Careful Due Process

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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. Corporal Punishment

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Ingraham v. Wright

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved School officials can search student lockers “Reasonable suspicion” - suspect that something illegal or dangerous is in the locker Inquiry must be twofold 1. O ne must consider “whether the ….action was justified at its inception. 2. 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.” School Searches

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Cases People v. Overton New Jersey v. T.L.O. Safford Unified School District v. Redding

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Student Rights 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Vernonia School District v. Acton

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION InterrogatoriesDepositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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?