Foundations of American Education: Perspectives on Education in a Changing World, 15e © 2011 Pearson Education, Inc. All rights reserved. Chapter 10 Legal Perspectives on Education

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Types of Laws Constitution at the core of laws on education Constitution at the core of laws on education Enabling laws, not developed through legislative process Enabling laws, not developed through legislative process Administrative law, regulations created by executive branch Administrative law, regulations created by executive branch Case law, emerge from federal and state court cases Case law, emerge from federal and state court cases Foundations of American Education, 15e Johnson, et al 10-2

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved The U.S. Constitution Fundamental law of the nation Fundamental law of the nation Does not specifically mention education Does not specifically mention education First, Tenth, and Fourteenth amendments relevant First, Tenth, and Fourteenth amendments relevant Tenth Amendment implies state control of education Tenth Amendment implies state control of education States make provisions for education in their constitutions States make provisions for education in their constitutions Supreme court settles disputes over constitutionality Supreme court settles disputes over constitutionality 10-3 Foundations of American Education, 15e Johnson, et al

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Separating Church and State Religion focus of colonial education, private schools today Religion focus of colonial education, private schools today Religious debates over funding, prayer, curriculum abound Religious debates over funding, prayer, curriculum abound Cases often involve 1 st and 14 th amendments, classified as: Cases often involve 1 st and 14 th amendments, classified as: Use of public funds to support religious education Use of public funds to support religious education Practice of religion in public schools Practice of religion in public schools Rights of parents to provide education for their children Rights of parents to provide education for their children Foundations of American Education, 15e Johnson, et al 10-4

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Lemon Versus Kurtzman Courts upheld separation clause Courts upheld separation clause Infamous threefold Lemon Test emerged: Infamous threefold Lemon Test emerged: Does the act have a secular purpose? Does the act have a secular purpose? Does the primary effect either advance or inhibit religion? Does the primary effect either advance or inhibit religion? Does the act excessively entangle government and religion? Does the act excessively entangle government and religion? Most cases addressing public funds reference this criteria Most cases addressing public funds reference this criteria Foundations of American Education, 15e Johnson, et al 10-5

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Child benefit theory Addresses use of public funds for secular services: Addresses use of public funds for secular services: Transportation Transportation Textbooks Textbooks Testing, diagnostic, therapeutic, and remedial Testing, diagnostic, therapeutic, and remedial Services must benefit student, not school or religion Services must benefit student, not school or religion NCLB allows for funding for private school students NCLB allows for funding for private school students Also upheld limited use of Title I funds at private schools Also upheld limited use of Title I funds at private schools 10-6 Foundations of American Education, 15e Johnson, et al

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Segregation and Desegregation Segregation, legal and social separation based on race Segregation, legal and social separation based on race De jure segregation, upheld by laws, government De jure segregation, upheld by laws, government Desegregation, abolish racial segregation of schools (1954) Desegregation, abolish racial segregation of schools (1954) Integration, busing court strategy to achieve racial balance Integration, busing court strategy to achieve racial balance Magnet schools, attract diverse students through curriculum Magnet schools, attract diverse students through curriculum Increasing concern over resegregation Increasing concern over resegregation 10-8 Foundations of American Education, 15e Johnson, et al

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Legal Rulings on Segregation Plessy v. Fergusson (1896), separate but Equal Plessy v. Fergusson (1896), separate but Equal Brown v. BOE (1954), separate facilities inherently unequal Brown v. BOE (1954), separate facilities inherently unequal Brown v. BOE (1955), all deliberate speed Brown v. BOE (1955), all deliberate speed Courts recently backed away from this doctrine Courts recently backed away from this doctrine De facto segregation, increasingly prevalent De facto segregation, increasingly prevalent Race-conscious assignment contemporary strategy Race-conscious assignment contemporary strategy 10-9 Foundations of American Education, 15e Johnson, et al

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Discrimination Equal Protection Clause addresses discrimination Equal Protection Clause addresses discrimination Title VI, Title VII of Civil Rights Act, Title IX Education Amendment Act of Title VI, Title VII of Civil Rights Act, Title IX Education Amendment Act of Affirmative Action, opportunities for underrepresented groups Affirmative Action, opportunities for underrepresented groups Concerns about reverse discrimination Concerns about reverse discrimination Foundations of American Education, 15e Johnson, et al

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Students With Disabilities Legal basis grounded in Civil Rights Act Legal basis grounded in Civil Rights Act Section 504 of the Rehabilitation Act, federal statute Section 504 of the Rehabilitation Act, federal statute Focus is on equal not same treatment Focus is on equal not same treatment PL , Education for all Handicapped Children Act PL , Education for all Handicapped Children Act Ensures a free appropriate education to children with disabilities Ensures a free appropriate education to children with disabilities IDEA, focus is on increased quality and rigor IDEA, focus is on increased quality and rigor IDEA privileges Response to Intervention Approach IDEA privileges Response to Intervention Approach Foundations of American Education, 15e Johnson, et al

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Teachers Rights and Responsibilities Teachers rights grounded in due process protection Teachers rights grounded in due process protection Substantive due process, deprivation of constitutional rights Substantive due process, deprivation of constitutional rights Procedural due process, unjustified deprivation of rights Procedural due process, unjustified deprivation of rights Most teacher cases involve liberty or property interests Most teacher cases involve liberty or property interests Foundations of American Education, 15e Johnson, et al 10-12

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Teachers and the Law Law requires teachers be certified Law requires teachers be certified Teaching jobs secured by a legally binding contract Teaching jobs secured by a legally binding contract Teacher tenure, awarded after probationary period (usually 3 yrs) Teacher tenure, awarded after probationary period (usually 3 yrs) Teachers may be dismissed for several reasons including: Teachers may be dismissed for several reasons including: Nonperformance of duty, incompetency, insubordination Nonperformance of duty, incompetency, insubordination Conviction of crimes involving moral turpitude, Conviction of crimes involving moral turpitude, Failure to comply with reasonable orders, Failure to comply with reasonable orders, Violation of contract or local rules Violation of contract or local rules Persistent failure or refusal to maintain orderly discipline Persistent failure or refusal to maintain orderly discipline Revocation of teaching certificate Revocation of teaching certificate Foundations of American Education, 15e Johnson, et al 10-13

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Non-tenured Teachers Often do not enjoy the same rights Often do not enjoy the same rights May have limited due process rights spelled out by state May have limited due process rights spelled out by state Contract may not be renewed Contract may not be renewed Dismissal before contract expiration requires due process Dismissal before contract expiration requires due process Teacher have the right to collective bargaining Teacher have the right to collective bargaining Foundations of American Education, 15e Johnson, et al 10-14

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Academic Freedom Teachers have limited academic freedom Teachers have limited academic freedom Teachers must be professionally responsible Teachers must be professionally responsible Cannot disregard school board decision on a textbook Cannot disregard school board decision on a textbook Have more freedom to provide supplemental methods Have more freedom to provide supplemental methods Teachers’ freedom limited when effectiveness jeopardized Teachers’ freedom limited when effectiveness jeopardized Foundations of American Education, 15e Johnson, et al 10-15

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Other Teacher legal issues FERPA, maintain confidential student records FERPA, maintain confidential student records Parents have the rights to view their student’s records Parents have the rights to view their student’s records Teacher’s written comments must be shown to student’s/parent’s upon request. Teacher’s written comments must be shown to student’s/parent’s upon request. Peer review assignments allowed under law Peer review assignments allowed under law Teachers might be found liable for negligence, malpractice Teachers might be found liable for negligence, malpractice Foundations of American Education, 15e Johnson, et al 10-16

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Technology and the Law School can monitor, read personal s School can monitor, read personal s Girls and boys may be charged for “sexting” Girls and boys may be charged for “sexting” Technology, cell phones used to cheat Technology, cell phones used to cheat Plagiarism, increasing issue for teachers Plagiarism, increasing issue for teachers Foundations of American Education, 15e Johnson, et al 10-17

Foundations of American Education, 15e Johnson/Gollnick/Musial/Hall © 2011 Pearson Education, Inc. All rights reserved Student Rights Student rights grounded in constitution Student rights grounded in constitution Rights include: Rights include: Right to an education, residency requirements apply Right to an education, residency requirements apply Children of illegal immigrants Children of illegal immigrants Homeless students have right to appropriate education Homeless students have right to appropriate education Right to sue, including individual board members Right to sue, including individual board members Right to due process Right to due process Students also have limited freedom of speech Students also have limited freedom of speech Schools can determine disruptive behavior Schools can determine disruptive behavior Foundations of American Education, 15e Johnson, et al 10-18