Chapter 12 The LAW

The Need To Understand Education’s Legal Environment Have you ever thought about how laws, regulations, and court decisions affect the field of education? Prospective teachers and veteran teachers need to have insight about legal matters of the profession Daily decisions can have legal ramifications 2 2

Learners Rights and Responsibilities Many years ago, rules and regulations in teaching were not complex in loco parentis – school districts acted “in the place of the parent” School personnel acted in the best interest of the student Few legal complaints – schools were free to deal with learners as they felt necessary Court decisions have led to legal protections for students 3 3

Learners Rights and Responsibilities Is Education a Privilege or a Right? For most of the history of the constitution, education has been viewed as a privilege When legal action was taken, courts did not refer to the Bill of Rights Decisions were made “based on whether there was a relationship between the school policy and an educational purpose” (Fischer, Schimmel, & Steelman, 2002) 4 4

Learners Rights and Responsibilities Is Education a Privilege or a Right? Example: 1915 – student expelled for refusing to apologize for a speech made during a school assembly Changes began to occur in the 2nd half of the 20th century Literacy was seen as critical to economic well-being Denying education was seen as denying the chance for earning Thus education was beginning to be viewed as a right 5 5

Learners Rights and Responsibilities Is Education a Privilege or a Right? Social circumstances 1969 – Vietnam caused people to question wisdom of government Tinker v. Des Moines Independent School District Discussed the issue of schooling as a right and the wisdom of government Students wore black armbands to protest the war School officials passed a rule prohibiting the wearing of the armbands Students suspended – Students challenged suspension 6 6

Learners Rights and Responsibilities Is Education a Privilege or a Right? Social circumstances Tinker Case, cont’d. Case reached U.S. Supreme Court Ruling established that individuals have a right to a public education and that learners have constitutional rights as provided to all citizens Tinker Case placed legal issues in schools in a new context Policies and actions of school personnel were open for questioning and challenges 7 7

Learners Rights and Responsibilities Due Process Outlined in the 14th Amendment to U.S. Constitution To be entitled to due process, individuals must show that they have been deprived of a liberty or property right. Liberty right – free from restraints except those imposed by law Property right – the right to specific tangible or intangible property 8 8

Learners Rights and Responsibilities Due Process Ensures fair treatment in an adversarial situation Refer to P. 316-317 for details 9 9

Learners Rights and Responsibilities Basic Rights (Extended to Students) Freedom of expression Freedom of conscience Freedom from unreasonable search Freedom from harassment Right to privacy Special rights for learners with disabilities 10 10

Learners Rights and Responsibilities Freedom of Expression 1st Amendment to U.S. Constitution It is NOT unrestricted to students Students can oppose school officials Students cannot freely express if expression interferes with learning process of others Offensive clothing, symbols Verbal infractions that disrupt the class Lewd & lascivious language Language or speech that incites fighting or rioting 11 11

Learners Rights and Responsibilities Freedom of Expression Threats of shooting, bombing, etc. – little sympathy from courts Censorship issues – administration can legally control expression in cases that are controversial Clothing that students wear Is choice of dress a protected liberty right? How do you feel about school uniforms? 12 12

Learners Rights and Responsibilities Freedom of Conscience Examples: teaching certain content, participation in patriotic activities, free exercise of religion Books and materials that do not have legitimate educational purpose – Satanism, witchcraft Flag saluting Sex education courses – Human Growth & Development 13 13

Learners Rights and Responsibilities Freedom from Unreasonable Search and Seizure 4th Amendment to the U.S. Constitution Schools must have reasonable suspicion Less stringent than probable cause Schools have to be concerned with intrusiveness – strip searches 14 14

Learners Rights and Responsibilities Freedom from Unreasonable Search and Seizure Tests for the appropriateness of a search: Target of a search Quality of information that has led to the search Nature of place to be searched Nature of the search itself Teachers: Always check with admin. FIRST 15 15

Learners Rights and Responsibilities Freedom from Harassment School leaders must maintain a safe and orderly environment Bullying, sexual harassment, etc. is an emerging issue in schools Some school districts are issuing zero tolerance policies for any type of harassment 16 16

Learners Rights and Responsibilities Right to Privacy Involving the misuse of records Family Educational Rights and Privacy Act (1974) Parents and guardians have free access to child’s records Students over age 18 have same right Strict guidelines governing release of records to other agencies Teachers should choose words carefully 17 17

Learners Rights and Responsibilities Special Rights for Learners with Disabilities Prior to 1970s, students with special needs were excluded from school or were placed in special classrooms PL 94-142, 1975 IDEA, 1990 Several legal cases have led to the protection of rights of learners with disabilities 18 18

Teachers’ Rights and Responsibilities Teacher Certification A valid teaching certificate validates a teacher’s legal right to be hired as a teacher Regulations regarding certification vary by state Certification leads to a teaching contract Certification gives a “presumption of competence” Contracts without a valid certificate are not binding 19 19

Teachers’ Rights and Responsibilities Continuing Employment and Tenure Teaching has a high degree of job security Annual contracts (yearly contracts) - AC Tenure policies Professional Services Contracts – PSC Continuing Contracts – CC Tenure was created: To protect teachers from losing jobs as a result of exchanging ideas with students that may not be popular (political views) As an exchange for the low pay teachers receive 20 20

Teachers’ Rights and Responsibilities Continuing Employment and Tenure Opponents of tenure state that it protects incompetent teachers Incompetent tenured teachers can be terminated, but it takes time and sometimes money 21 21

Teachers’ Rights and Responsibilities General Teacher Rights Academic freedom Teachers can speak freely about the subjects they teach Teachers can experiment with new ideas Teachers can select materials to use Teachers can decide on teaching methods However…Teachers are still governed 22 22

Teachers’ Rights and Responsibilities General Teacher Rights Freedom of Religion What rights do you have in refusing to teach content that might conflict with your religious beliefs? Do you have to pledge to the flag if doing so is contrary to your religious beliefs? Do you have the right to wear distinctive religious clothing when you teach? Can you be absent from school to observe religious holidays? What restrictions can be imposed on you that limit what you can say to learners about your religious convictions? 23 23

Teachers’ Rights and Responsibilities Lifestyle and Conduct Outside School Teachers’ sexual orientation Live-in arrangements with unmarried partners Criminal conduct 24 24

Teachers’ Rights and Responsibilities Legal Obligations Reporting child abuse Teachers are mandated reporters Negligence Teachers have a responsibility to act as a professional Misfeasance – acting unwisely or without taking proper safeguards Nonfeasance – failing to act when duty calls Malfeasance – actions that are taken to deliberately and knowingly harm someone 25 25