Emerging Legal Issues in School Law: What All Teachers Need to Know Suzanne Eckes Indiana University

Agenda Quick Overview of Session Overview of Important Legal Questions Application to Real World Examples Ethics and the Law Closing Thoughts

Legal Issues The Harvard Educational Review revealed that the vast majority of teachers have taken no course in school law in their pre- or inservice programs. The survey also indicated that most teachers were uninformed or misinformed about the rights of students and teachers (Schimmel & Militello, 2007).

Motivator Brainstorm in groups and try to respond to the three scenarios at your table.

Key Topics Harassment and Bullying Special Education Law Student Discipline Student Expression Teacher Expression Negligence in the Classroom Church and School Entanglement Instructional Issues Teacher Lifestyle Teacher Dismissal

Student Searches What are the legal and ethical issues involved in searching students? How does the Fourth Amendment apply?

Scenario A student tells principal Kal Koncern that Sharon Shy gave her marijuana. Kal tells the school nurse to search. Finding no drugs in Sharon’s backpack, the nurse has Sharon take off her clothes and pull out her bra and underwear. Are there any legal and ethical concerns? (Schimmel, Eckes, & Militello, 2010).

Search and Seizure Clip

Teacher Searches Is it permissible to search teachers’ email accounts?

What about legal/ethical issues with drug testing teachers?

Harassment Under Davis v. Monroe (1999), school districts can be held liable for peer sexual harassment. What do teachers need to know?

Real World Examples: Why is this topic relevant to teachers? Listen to the following podcast from National Public Radio. It was featured on March 25, 2010. In March 2010 a federal district court in Michigan awarded a student $800,000 because school officials failed to appropriately respond to known acts of harassment.

The Research: Harassment in Schools Studies have indicated that as many as 80% of students experience some form of harassment in public schools (American Association of University Women, 2001). Harassment against students with disabilities and GLBT students in public schools is even more prevalent (Eckes, 2006).

Ethical Issues with Bullying?

Quote “Far from childish pranks, sexual harassment in the school setting consists of serious misconduct that can have a devastating effect on students at the receiving end.” ~Verna L. Williams (Represented the petitioner in Davis v. Monroe County Board of Education)

Teacher Speech The First Amendment restricts teachers’ speech rights when they are are speaking pursuant to their job responsibilities. What does this mean for YOU?

Video Clip Related to Speech

Video Clip: Teacher Speech

Scenario A teacher frequently complained to her principal and board members that the school district was not providing the necessary resources to her gifted and talented students. She also noted that the district’s white students were disproportionately represented in the program. The principal removed her from the G&T program. What are the legal considerations?

Religion Must teachers permit students to pray during the school day? http://seattletimes.nwsource.com/html/education/2003062394_prayer15m.html Can a teacher wear hijab in the classroom? May religious clubs meet after school?

Student Speech Do students shed their constitutional rights at the school house gate? -Current developments.

Student Speech Teacher I. M. Caring prohibited two student T-shirts that were designed to protest the high school’s Tolerance Day. One shirt read, “Be Happy, Be Straight”; the other read, “Homosexuals are Sinful and Shameful.” What are our legal and ethical considerations?

Be Happy, Not Gay

Homosexuality is Shameful

* May school officials control teachers’ out of school conduct? Teacher Conduct * May school officials control teachers’ out of school conduct? -A chemistry teacher appeared in pornographic movies ten years before she began teaching. The law permitted the nonrenewal of her contract. What are the ethical questions involved?

Out of School Conduct Clip

Other Issues Special Education FERPA Discipline Negligence Instructional Issues Teacher Dismissal

Closing In groups of four respond to the exit questions provided at your table. Be sure to take handout containing my contact information and case summaries.

References See handout for all references included in this powerpoint.