Legal Issues Permission slips, grading, custodial rights, tenure... teachers have legal concerns about which they need to be aware and informed. © Kappa Delta Pi 2014

Questions to Ponder Can teachers post student grades or test scores? Why or why not? © Kappa Delta Pi 2014

Question to Ponder Can teachers talk to other faculty members about a student? © Kappa Delta Pi 2014

Question to Ponder Can volunteers grade students’ papers— such as a parent grading multiple choice or spelling tests? © Kappa Delta Pi 2014

FERPA FERPA–Family Educational Rights and Privacy Act  Directory Information  A parent requests a class list with addresses for birthday party invitations. Can the teacher give out this info?  Grading Papers  Parents Can parent volunteers grade students’ papers (such as a parent grading a multiple choice or spelling test)?  Peers Is it legal for students to grade each other’s papers? ▫Owasso Independent School District v. Falvo (Supreme Court)  Graded Student Work Samples  During a parent conference, can another student’s work be shown as an example of work done correctly or to represent on-grade-level work? © Kappa Delta Pi 2014

FERPA  Posting Grades Is it okay for teachers to leave graded work outside their door for student pick-up? Why or why not? Can teachers post student grades or test scores? Why or why not?  Discussions between Faculty Members Can teachers talk to other faculty members about a student? © Kappa Delta Pi 2014

Plan Book: Documentation  Teacher’s Plan Book know rules for documenting lesson plans know when and where plans must be available book is legal document courts can—and have—subpoenaed grade books  Public Law /Individuals with Disabilities Education Act (IDEA) document IEP goals repercussions for failure to document documenting strategies  Section 504 & LEP/ESOL coverage documenting student work, modifications, and more © Kappa Delta Pi 2014

Questions to Ponder Do teachers have freedom of speech within the school? Do students? © Kappa Delta Pi 2014

Freedom of Speech  U.S. Constitution 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 redress of grievances.”  Teachers do not “shed their constitutional rights to freedom of speech or expression at the school house gate.” © Kappa Delta Pi 2014

Freedom of Speech: Students  Freedom of Speech Tinker v. Des Moines Independent School District (1969) denial of freedom of expression must be justified by a reasonable forecast of substantial school disruption “In our system, state-operated schools may not be enclaves to totalitarianism…[S]tudents may not be regarded as closed-circuit recipients of only that which the State chooses to communicate.” Bethel School District No. 403 v. Fraser (1986) speech within the classroom Hazelwood School District v. Kuhlmeier (1988) school newspaper © Kappa Delta Pi 2014

Freedom of Speech: Students  Freedom of Speech in Dress Massie v. Henry (1972) hair length U.S. Court of Appeals (4 th District) McNew (1998) — Surrey County Public Schools, VA blue hair American Civil Liberties Union (ACLU) suit  Bethel School District No. 403 v. Fraser (1986) © Kappa Delta Pi 2014

 Bulletin Boards Lee v. York County School Division (2007) items removed by principal not done in other classrooms complaint regarding religious nature  Curriculum Hammonds v. Mt Pleasant ISD (1995) curriculum choices must be based on county guidelines and professional standards Freedom of Speech: Teachers © Kappa Delta Pi 2014

Question to Ponder Can a teacher’s life outside of school cause him or her to be fired? © Kappa Delta Pi 2014

Teachers  Social Media Facebook case: Barrow County School District v. Payne (8:07 min) © Kappa Delta Pi 2014