Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 20 When Can Schools Restrict Personal Appearance?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Concepts Grooming Standards for Teachers Teachers’ Clothing School Dress Codes Students’ Grooming School Uniforms, Gang Clothing, And Message T-Shirts

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Essential Question How much freedom of choice do students and teachers have in their personal dress?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved KEY TERMS Personal Liberty Symbolic Speech Grooming Codes Protected Liberty Unnecessary Burden

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Teachers must have due process before being disciplined for violating a school’s grooming code. Teachers probably do not have a constitutional right to wear beards and sideburns. Grooming Standards for Teachers

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Cases Blanchet v. Vermilion Parish School Board East Hartford Education Association v. BOE

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Teachers do not have a constitutional right to dress as they wish. Teacher’s refusal to conform to a school dress code may not be protected as a form of symbolic expression. Teacher’s religious message T-Shirt is not protected speech. Teachers’ Clothing

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Protection guarantee of the following: Personal liberty Symbolic speech Right to govern one’s personal appearance Students’ Grooming Amendments 14th 1 st

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved May regulate student clothing Have differing opinions by states May be constitutional if it is detailed and based upon an educational rationale May be protected if it meets two-part test: Is there an intention “to convey a particularized message?” Is there a “great likelihood that the message would be understood?” Students’ Dress Codes

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Brandt v. Board of Education-City of Chicago

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved School Uniforms Schools can require school uniforms for students. Gang-Related Issues Schools can prohibit the wearing of earrings, jewelry, or other symbols of gang membership. gang symbols School Uniforms, Gang Clothing and Message T-Shirts

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Cases Tinker v. Des Moines Bethel v. Fraser Jacobs v. Clark County School District Grzywna ex rel. Doe V. Schenectady Central School

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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 InterrogatoriesDepositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Reflection Considering the range of decisions regarding teacher and student freedoms: When should schools restrict student and teacher freedom? When should nonconformity be protected or punished?