School Law: Ethical and Legal Influences on Teaching EDUC 1010- Chapter 10

Limitations of Laws as Guidelines for Teachers Laws are purposely general and vague so they can apply to a variety of specific situations. Laws were created in response to problems that arose or existed in the past. Laws specify teachers’ rights and responsibilities; they don’t address what teachers should do. Professional ethics provide a set of moral standards for the teacher.

U.S. Legal Influences on Education: Federal First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Religion and the Law First Amendment to the Constitution provides for the separation of church and state but does NOT prohibit individuals from practicing religion. Students can pray in schools, but neither school officials nor teachers can lead or sanction organized prayer in schools. Religious clubs and organizations can meet on public school grounds. Teachers can teach about religion but not advocate for religion.

U.S. Legal Influences on Education: Federal Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

U.S. Legal Influences on Education: Federal Fourteenth Amendment Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Due Process: The idea that laws and legal proceedings must be fair

Other Federal Laws Civil Rights Act of 1964 Title IX No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Title IX Prohibits discrimination on the basis of gender

State Laws State laws regulate Teacher qualifications Working conditions Teachers’ legal rights School districts responsible for day-to-day governance of schools

Teacher Rights and Responsibilities

Teacher Employment and the Law Licensure requirements specify minimal levels of teacher qualifications. Teaching contracts are legal agreements between a teacher and a local school board. Collective bargaining occurs when a local chapter of a professional organization negotiates with a school district over the rights of teachers and conditions of employment. http://www.myuea.org/ http://www.ogdenweber.org/

Teacher Employment and the Law Tenure is a legal safeguard to prevent teacher dismissal without cause. Reduction in force (RIF) due to declining enrollment can result in both tenured and nontenured teachers being released.

Teacher Tenure Designed to protect teachers from political or personal abuses and ensure the stability of the teaching force Controversial because critics say it protects incompetent teachers Administrators and teachers differ on the need for tenure

Academic Freedom Right of teachers to choose both content and teaching methods based on their professional judgment Protected by First Amendment to the Constitution So can teachers just teach whatever they want, however they want?

Academic Freedom Influenced by several factors Teacher’s goal in discussing topic or using method Age of students involved Relevance of materials to course General acceptance of the practice in question Existence of policies related to the issue

Copyright Laws Federal laws designed to protect the intellectual property of authors Apply to Printed matter Videos Computer software Fair-use guidelines specify limitations in the use of copyrighted materials for educational purposes. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

Teacher Liability Teachers are legally responsible for the safety of children under their supervision. In loco parentis (in place of the parents) requires teachers to use the same judgment and care as parents in protecting their students. Negligence results from a failure to exercise sufficient care in protecting students from injury.

Elements of Negligence Duty to Protect Teachers have a duty to anticipate foreseeable dangers and take necessary precautions to protect students in their care. Specifically, teacher duties include: adequate supervision, maintenance of equipment and facilities, and heightened supervision of high-risk activities. Failing to Exercise a Reasonable Standard of Care The degree of care exercised by a "reasonable" teacher is determined by factors such as: (a) the training and experience of the teacher in charge, (b) the student’s age, (c) the environment in which the injury occurred, (d) the type of instructional activity, (e) the presence or absence of the supervising teacher, and (f) a student’s disability, if one exists.  Proximate Cause Was there a connection between the breach of duty by the teacher and the student’s injury? Was the injury a natural and probable cause of the wrongful act (i.e., failure to supervise), and ought to have been foreseen in light of the attendant circumstances?" (Scott v. Greenville, 1965).   Actual Injury Was there an actual physical or mental injury.

Child Abuse All 50 states and the District of Columbia have laws requiring teachers to report suspect child abuse. While you may also report the suspicion of abuse to an administrator, you are required to report the suspicion to DCFS These same laws protect teachers who “act in good faith” and “without malice.”

Teachers’ Private Lives Teachers are held to a higher standard of conduct than ordinary citizens. Moral standards are not absolute, varying within specific communities. When teachers break the law, the notoriety, or the extent to which a teacher’s behavior becomes known or controversial, can determine teacher dismissal. http://www.schools.utah.gov/uppac/

Student Rights and Responsibilities

Student Freedom of Speech Congress shall make no law . . . abridging the freedom of speech, or of the press; Protected by the First Amendment to the Constitution Cannot interfere with school learning or the school mission Walk outs? Sit down strikes? Class discussions? May apply to student newspapers, but this freedom could be limited for “legitimate pedagogical concerns.”

Permissible Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, Fourth Amendment to the Constitution protects citizens against unlawful searches and seizures. School searches are permissible if they target a specific problem such as drugs or potential violence. Drug sniffing dogs Search notebooks, pockets Nonintrusive student searches, such as metal detectors, have been found legal by the courts; strip searches, however, have been found unconstitutional.

Student Records and Privacy FERPA, The Family Educational Rights and Privacy Act, also called the Buckley Amendment, requires schools to Inform parents of their rights regarding their child’s records Provide parents access to their child’s records Maintain procedures that allow parents to challenge and possibly amend information that they believe is inaccurate Protect parents from disclosure of confidential information to third parties without their consent

Student Records and Privacy This amendment excludes teachers’ private notes, grade books, correspondence with administrators, and letters of recommendation in which students waive access. Teachers may ask other students to grade homework or classroom work if it is part of classroom instruction.

Utah State additions to FERPA Activities prohibited without parent consent: Discussion of Political, religious affiliations Parental income Sexual behavior Psychological problems Parents can see copies of surveys, interview protocols, etc.

Corporal Punishment Is NOT prohibited by the Constitution Is prohibited in 31states and the District of Columbia Is advised against by most educational psychologists and educational experts because of its negative effects on students

Students’ Rights in Disciplinary Actions Students have a right to an education; in expulsions that last longer than 10 days, the following due process must be met: A written notice specifying charges and the time and place of a fair, impartial hearing A description of the procedures to be used, including the nature of evidence and names of witnesses The right of students to legal counsel and to cross-examine and present their own evidence A written or taped record of the proceedings as well as the findings and recommendations The right of appeal

Students’ Rights in Disciplinary Actions Suspensions of students with exceptionalities must take into account whether the behavior was linked to the exceptionality.

A paraprofessional in your classroom is trying to calm an agitated student when suddenly the student throws his books across the room, turns over his desk, and starts hitting the paraprofessional. You take the student’s arms and walk him into the timeout room. The student struggles, curses, and screams that you’re a child abuser and that his parents will sue you. The next morning the principal calls you and tells you that a policeman is in his office to take a report from you regarding a possible incident of child abuse. What can you do to protect yourself from this false allegation?

You hear a fight starting outside your classroom You hear a fight starting outside your classroom. Two students who are engaged in an argument begin to push and shove each other. You tell the students to break it up and report to their next class. One agrees but the other throws a punch at the other student. You grab the student that is continuing the confrontation and lead him away. The student snarls at you, "Get your hands off me, I have my rights." Have you violated his rights?

A group of students run down the hallway on their way to lunch A group of students run down the hallway on their way to lunch. They pass by two teachers who are on duty. A student steps out of a classroom and collides with the group of running students and is knocked to the floor, breaking an arm. The student policy handbook clearly states no running in the hallways. Are the teachers that observed the behavior and did nothing liable? Explain why or why not.

Two students are roughhousing in the bleachers of the school gymnasium as they wait for the bell indicating class change at the end of Physical Education class. The P.E. teacher is in his office preparing for the next class. The teacher's office is inside the locker room, not adjacent to the gym. One of the students falls down the bleachers striking his head on the floor and is knocked unconscious momentarily. It is later found that he has a mild concussion. Was the P.E. teacher negligent? Explain why or why not.