Teachers and The Law 7 th Chapter 12 What Are My Rights under Due Process? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.
Copyright © Allyn & Bacon 2007 Key Concepts What Are My Rights under Due Process? Due Process for Teachers Due Process for Students Corporal Punishment School Searches
Copyright © Allyn & Bacon 2007 Chapter 12 What Are My Rights under Due Process? Essential Question How have educators secured justice when they are in conflict with school officials?
Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 12 KEY TERMS- Chapter 12 Arbitrary/discriminatory/unreasonable (229) Procedural Due Process (235) Probable Cause (254) Reasonableness (256) Zero Tolerance (261) Exclusionary Rule (262)
Copyright © Allyn & Bacon 2007 Tenured Teachers –Reasonable expectancy that their position will be continuous –Continuous contract is tenure and that they are protected under the due process clause Probationary Teachers –No continuous contract –Cannot make a claim against a property right Due Process for Teachers
Copyright © Allyn & Bacon 2007 Arbitrary - Three Step Test Arbitrary - Three Step Test Legitimate social goal or objective to be attained by the law or policy Rational connection between the objective and the means created to achieve it Alternative and less restrictive ways of achieving the desired goal
Copyright © Allyn & Bacon 2007 Cases Board of Regents v. Roth Board of Education v. Doyle (Mt. Healthy Case)
Copyright © Allyn & Bacon 2007 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.
Copyright © Allyn & Bacon 2007 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.
Copyright © Allyn & Bacon 2007 Case Presentation Cleveland Board of Education v. Loudermill
Copyright © Allyn & Bacon 2007 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
Copyright © Allyn & Bacon 2007 Due Process Procedures 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
Copyright © Allyn & Bacon 2007 Case Presentation Goss v. Lopez
Copyright © Allyn & Bacon 2007 Disciplinary Situations Where Due Process Is Not a Prerequisite Myriad of trivial disciplinary matters routinely experienced in schools: –Legal maxim de minimis non court lex –Examples include brief detentions to do extra work. verbal chastisement. being sent to the office. Emergencies to preserve the safety of persons or property
Copyright © Allyn & Bacon 2007 Trivial or minor matters Emergencies Disciplinary matters 1-10 Modicum of Due Process Disciplinary Matters Long Term Suspension or Expulsion or Significant Penalty Extensive/Careful Due Process
Copyright © Allyn & Bacon 2007 It is not unconstitutional. Education is a function of state government and state government may delegate this to the schools or local government. Reasonable limits Parents (in general) can not prohibit the use of corporal punishment if it is allowed by the state. Corporal Punishment
Copyright © Allyn & Bacon 2007 Case Presentation Ingraham v. Wright
Copyright © Allyn & Bacon 2007 School officials can search student lockers “Reasonable” - suspect that something illegal or dangerous is in the locker Twofold inquiry 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.” In recent years, students have objected to searches without a warrant because this violates the Fourth Amendment right against illegal search and seizure. School Searches
Copyright © Allyn & Bacon 2007 Cases People v. Overton New Jersey v. T.L.O. Williams v. Ellington
Copyright © Allyn & Bacon 2007 Unresolved Court Issues What are the standards for searching lockers, desks, and other storage areas provided by schools? What is the role of educators in regards to searches at the request of law enforcement officials? Is “individualized suspicion” an essential part of the standard of reasonableness? Does the exclusionary rule apply to the fruits of unlawful searches conducted by school authorities?
Copyright © Allyn & Bacon 2007 Student Rights Strip Searches Pregnancy Test Police search school lockers or students without search warrants Urine test to detect or prevent drug abuse for students Zero Tolerance Use of metal detectors Forbid the bringing of weapons to schools
Copyright © Allyn & Bacon 2007 Case Presentation Vernonia School District v. Acton
Copyright © Allyn & Bacon 2007 Gun-Free School Zone Act of 1990 Gun-Free School Act of 1994
Copyright © Allyn & Bacon 2007 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 Interrogatories Depositions Document Requests Settlement Conference
Copyright © Allyn & Bacon 2007 Chapter 12 What Are My Rights under Due Process? Essential Question How do the court rulings for due process affect the decision making process that educators follow in resolving conflicts with teachers or students?