Chapter 11 Chapter 11 Rights, Responsibilities & the Law in American Schools

Students’ Rights and Responsibilities  The right to an education  Individual rights

The Right to an Education  The “right” to education was not specifically guaranteed in the U.S. Constitution.  Northwest Ordinance of 1787 provided land grants for education.  Implementation of public education was up to local communities and states.

Emergence of the Common Schools  By the 1830s and 1840s, Common Schools had been established throughout the country.  By the eve of the American Civil War in 1861, many young people in this country were attending some school.

Many schools were segregated…  Directly on the basis of gender and race.  Indirectly on the basis of national origin, language, religion and physical condition.

Segregation Based on Gender  Women were typically excluded from most early schools in the country.  Conventional “wisdom” of this era suggested that only men should receive an education.  In the “public schools” of New England, young women were not allowed to attend school until the end of the 1700s.  This continued until 1828 when young women finally were allowed to attend schools with young men.

Women Enter Colleges  In the late 1800s and early 1900s, a few progressive colleges such as Oberlin in Ohio admitted women as well as African Americans.  After the passage of the Eighteenth Amendment to the Constitution that guaranteed women the right to vote, women began attending colleges.  Through the 1930s, 40s and 50s women gradually made their way into colleges and universities throughout the country.  By the 1960s women were commonly seen on college campuses.  Today more women are enrolled in colleges and universities than men.

Title IX of the Educational Amendments  In this 1972 amendment (called Title IX), Congress moved to eliminate gender discrimination in schools. Women are now allowed to fully participate in high school athletics. Women are now allowed to fully participate in high school athletics. It is now illegal for schools to bar pregnant or married young women from the classroom. It is now illegal for schools to bar pregnant or married young women from the classroom. Sex discrimination and sexual harassment is now illegal. Sex discrimination and sexual harassment is now illegal.

Improving the Self-esteem of Girls  Begin a mentoring program  Reward girls for academic and athletic performance  Deemphasize the importance of physical attractiveness  Select activities that value student individuality  Encourage both genders to work together  Call on girls to respond to questions as often as boys  Give girls time to respond  Ask questions that require an opinion, or problem solving skills

Rights of handicapped students  Protected under PL (1975)  Strengthened with the passage of the Individuals with Disabilities Education Act (1992) Required that all children with disabilities have the right to a free public education. Required that all children with disabilities have the right to a free public education. HIV infected students are also protected under PL HIV infected students are also protected under PL

Segregation Based on Race  Until 1865, many southern states passed laws that made education of slaves illegal.  In the North, there were limited educational opportunities for free blacks.

Three Reconstruction Amendments  Thirteenth Amendment – freed the slaves  Fourteenth Amendment – provided civil rights for freedmen  Fifteenth Amendment – right to vote for African American males

Freedmen’s Bureau schools  Established throughout the south during Reconstruction  By 1869 there were over 9000 teachers in Freedmen’s schools  Hundreds of thousands of black children and adults were educated  Many southerners perceived these schools as “northern oppression”  By 1870, federal funding for Freedmen’s schools was withdrawn

Jim Crow  Began when Reconstruction ended in 1877  States attempted to strip the freedmen of their political, social, and economic rights  Plessy v Ferguson (1896) established the principle of separate but equal  Led to segregation of public schools until Brown v Board of Education (1954)

De jure Segregation  The Brown decision transformed American education by focusing on de jure segregation – segregation due to law.  And yet, in the years following the Brown decision, there was little progress toward desegregation of schools.  In 1964 Congress passed its landmark Civil Rights Law. Title IV of this legislation gave the federal government the legal power to sue school districts that had either ignored or were slow to implement the Brown decision.

De facto Segregation  Segregation due to patterns of residence  Charlotte-Mecklenburg busing decision of 1971, (North Carolina State Board of Education v Swan) the U. S. Supreme Court ruled that it was appropriate for school districts to bus students to achieve racial desegregation. the U. S. Supreme Court ruled that it was appropriate for school districts to bus students to achieve racial desegregation.

Second-Generation Segregation  Black and Hispanic students however were often placed into one academic track while whites were placed into another.  This policy created rigid racial boundaries within schools.

Affirmative Action  During the 1960s and 1970s there was a favorable climate for affirmative action it was acceptable for institutions of higher learning to expand the pool of qualified minority candidates in order to increase diversity. it was acceptable for institutions of higher learning to expand the pool of qualified minority candidates in order to increase diversity. The Supreme Court ruled in its Regents of University of California v Allan Bakke, 1978 that he had been discriminated against because of “racial quotas.” However they also declared that while quotas were unconstitutional, affirmative action clearly was within the law. The Supreme Court ruled in its Regents of University of California v Allan Bakke, 1978 that he had been discriminated against because of “racial quotas.” However they also declared that while quotas were unconstitutional, affirmative action clearly was within the law.

Resegregation  Recently the courts have retreated from their previous positions of promoting desegregation and affirmative action.  Board of Education of Oklahoma City Public Schools v Dowell decision, the court ruled that federal supervision of desegregation was intended only as a temporary measure.

Individual Rights: Free Public Education  Children have the right to a free public education. Parents do not have to pay real estate taxes, or be citizens, or legal aliens for their children to be eligible for a free public education. Parents do not have to pay real estate taxes, or be citizens, or legal aliens for their children to be eligible for a free public education. Homeless children have a right to education. Homeless children have a right to education. Students with disabilities are entitled to an “appropriate” education. Students with disabilities are entitled to an “appropriate” education. Students cannot be prohibited from attending school because of pregnancy or marriage. Students cannot be prohibited from attending school because of pregnancy or marriage.

Individual Rights: Due Process  Students have the right to due process. Students have a right to a hearing in cases involving suspension or expulsion. (Goss v Lopez – 1975) Students have a right to a hearing in cases involving suspension or expulsion. (Goss v Lopez – 1975) Students or their parents have the right to sue individual school board members for the violation of their “due process”. Students or their parents have the right to sue individual school board members for the violation of their “due process”. However, students or parents cannot sue the school district or the school board as a whole. (Wood v Strickland – 1975) However, students or parents cannot sue the school district or the school board as a whole. (Wood v Strickland – 1975)

Individual Rights: Freedom of Speech  Students have the right to Freedom of Speech Students’ speech or behavior, however, cannot be aggressive or disrupt the school. Students’ speech or behavior, however, cannot be aggressive or disrupt the school. Students moreover, cannot make sexual remarks or innuendos, because this is disruptive to the school environment. (Bethel School District v Fraser-1986) Students moreover, cannot make sexual remarks or innuendos, because this is disruptive to the school environment. (Bethel School District v Fraser-1986)

Individual Rights: Access to Records  Buckley Amendment - also called Public Law (1974) allowed parents access to their child’s school records  Established a policy regarding parents viewing school records  Required written parental approval before releasing individual student records to others (except appropriate school personnel, such as teachers, counselors, special education teachers, etc.)

Rights of Schools (in loco parentis)  Schools can establish dress codes.  Schools may administer corporal punishment, depending on state law and school district policy. (Ingraham v Wright – 1977)  Schools have the right to conduct drug testing for athletes and students participating in extracurricular activities. (Vernonia v Acton -1995)  Schools have the right to search lockers, desks, and cars parked in school parking lots.  Schools can suspend dangerous students for a maximum of ten days.

Teachers’ Rights: Sexual Harassment and Gender Equality  In North Haven Board of Education v Bell, 1982 the court argued that Title IX legislation applies to both students and teachers.  In Cleveland Board of Education v LaFleur, the court ruled that mandatory maternity leaves were a violation of the rights of teachers under Title IX.  In Burkey v Marshall County Board of Education, 1981 the court ruled that gender discrimination in pay violated the Civil Rights Act of 1964 and therefore was unconstitutional.

Teachers’ Rights: Due Process  In Pickering v Board of Education (1968), the court ruled that a school board cannot fire a teacher because it objected to what they had written or said about them.  On the other hand, irresponsible, reckless or false statements by a teacher can result in dismissal.

Teachers’ Rights: Collective Bargaining  Teachers have the right, under the Thirteenth and Fourteenth Amendments to engage in union activities including collective bargaining.  However if teachers do not have the right to strike, the court has ruled in Hortonville Joint School District v Hortonville Education Association (1976) that striking teachers can be fired.  Unions can negotiate issues such as: allocation of money, academic freedom, class size, planning time, released time for lunch, insurance benefits, and teaching supplies.  Unions can enforce the hiring of qualified, licensed teachers.  Unions can seek special support services for students (i.e., school counselors, special education teachers, speech therapists, school social workers, etc.)

Teachers’ Rights: Academic Freedom  The court has ruled that the classroom is a “marketplace of ideas” and that as long we do not “propagandize” or attempt to indoctrinate our students, we have significant academic freedom.  In Cary v Board of Education, 1977, the Federal Appellate Court argued that “[teachers] cannot be made to simply read from a script prepared or approved by the [school] board.” As long as instruction is not “obscene”, is relevant to the subject you are responsible to teach, does not disrupt the class, and is not specifically prohibited by state law or school policy, you have the right to teach it in your classroom. As long as instruction is not “obscene”, is relevant to the subject you are responsible to teach, does not disrupt the class, and is not specifically prohibited by state law or school policy, you have the right to teach it in your classroom.

Separation of Church and State  School Prayer - The Court ruled in Engle v Vitale (1962) that required prayer in public schools was unconstitutional.  Silent Prayer – In Wallace v Jaffree (1985) the court ruled that silent prayer, or a moment of silence led by teachers was unconstitutional.  Prohibiting teaching of evolution – the Court ruled in Epperson v State of Arkansas (1968) that teaching evolution could not be prohibited.  Creationism – in Edwards v Agulard (1987) the court ruled that schools cannot require the teaching of creationism.  Intelligent Design - More recently the court has ruled that incorporating “intelligent design” into the curriculum is a thinly veiled attempt to teach a form of creationism and therefore is unconstitutional.  On the other hand, the Court has ruled that student religious clubs and organizations do have the right to use school facilities. (Board of Education of the Westside Community Schools v Mergens, 1990)

Personal Life and Lifestyle  As teachers we enjoy both academic freedom and freedom of speech. We also have some freedom regarding our personal life and lifestyle.  For example, the Supreme Court ruled in Thompson v Southwest School District, 1980 that a teacher could not be fired because she was living with her boyfriend.  Other issues regarding lifestyle - such as not attending church - are not grounds for dismissal, though dress codes continue to be part of the life of teachers.

Legal Liability  Generally speaking, the area of teacher negligence or legal liability involves four distinct areas of the law: Malfeasance- a teacher does something illegal that results in injury to the student (spanking) Malfeasance- a teacher does something illegal that results in injury to the student (spanking) Misfeasance- the teacher does not perform his/her duties according to an established standard of conduct (safety code violations) Misfeasance- the teacher does not perform his/her duties according to an established standard of conduct (safety code violations) Nonfeasance- failing to perform a required act (the teacher fails to notify the office of a serious injury) Nonfeasance- failing to perform a required act (the teacher fails to notify the office of a serious injury) Contributory and Comparative Negligence- failure to exercise due care as a teacher Contributory and Comparative Negligence- failure to exercise due care as a teacher