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. © 2011 Pearson Education, Inc. All Rights Reserved. 1-2 Chapter 1 Teachers and the Legal System

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-3 Preface 1.“Americans are a litigious people.” 2.“This book is about teachers and the law that affects them.” 3.“Our purpose in writing this book is not to encourage teachers to litigate.” 4.“Too many teachers view the law with anxiety and fear, as a trap to ensnare any educator….” 5.“… the purpose of this book is... to empower teachers to take the law constructively into their own hands, to provide them with the necessary knowledge, to assert their rights, and to bring violations of the law to the attention of administrators and colleagues.” Preface, pp. xi-xii

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-4 Organization Part 1 – Legal Aspects of Teaching Part 2 – Teachers’ and Students’ Rights Part 3 - Current and Future Controversies

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-5 Key Concepts Chapter 1-Teachers and the Legal System Part I Legal Aspects of Teaching Organization Chapter 1 – Teachers and the Legal System Part II Teachers’ and Students’ Rights Part 3 Current & Future Controversie s

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-6 In what ways can educators access the legal system to understand the laws applicable to their public school setting? Chapter 1 Teachers and the Legal System Essential Question

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-7 Broad Legal Generalizations 1.The legal control of public education resides with the state as one of its sovereign powers. 2.All school policies and practices that impinge upon protected personal freedoms must be substantiated as necessary to advance the educational mission of the school. 3.Student policies and practices must not disadvantage selected employees or students. 4.Procedural due process is required before students or teachers may be deprived of protected liberty or property rights. 5. Educators are expected to follow the law, to act reasonably, and to anticipate potentially adverse consequences of their actions. 6.Reasonable policies and practices based on legitimate educational objectives have been consistently sanctioned by the courts.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-8 Case Presentation Jackson Jackson v. v. Birmingham Board of Education

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved. 1-9 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. © 2011 Pearson Education, Inc. All Rights Reserved Three Main Laws Sue in Federal and State Courts Legal Assistance JurisdictionBOE Federal Courts Legal Assistance Lawyer Other options: Bargaining Representative (union) EEOC Statutory law Constitutional Law Common Law Key Concepts Chapter 1-Teachers and the Legal System

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved KEY WORDS Chapter 1-Teachers and the Legal System Complaint1 st main paper filed. Includes a statement of harm done and a request for specific help from the court. Plaintiffone who initiates a lawsuit Defendantperson sued Answeradmits to or denies the allegation and sets forth the defendant’s view Motion to dismissargument that even if the facts in the allegation are true, they do not state a valid basis for a lawsuit. Cause of Actionfacts sufficient to allow a valid lawsuit to proceed Discoveryprocess whereby each side finds out information about the other side’s case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Legal Websites Public Schools Legal Information Institute Library Databases Cumputerized Research System Lexis or Westlaw Educational Resources Information Center (ERIC) National School Board Legal Clips

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Interrogatories written questions answered under oath Depositions sworn testimony taken of the parties and witnesses Writ of certiorari request for review of a lower court decision (can be refused) ADR a. mediation b. arbitration Alternative Dispute Resolution (options) process in which adversaries sit with a neutral 3 rd party to negotiate and agreement that all find acceptable. more formal hearing – all present witnesses, arbitrator rules. En banc in the bench – full panel of judges sit to hear a case. Legal Research Tools Online options a. b.LEXIS c.WESTLAW d.Infotrac KEY WORDS Chapter 1-Teachers and the Legal System

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Print/Online Sources U. S. Supreme Court ( ecourtus.gov) U.S. Court of Appeals (Federal Reporter) Statues at Large United States Code State Laws Legal Encyclopedia s (Corpus Juris Secundum or American Jurisprudence ) Access the Law

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Decisionfor Jackson v. Birmingham Jackson v. Birmingham Board of Education

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. © 2011 Pearson Education, Inc. All Rights Reserved Chapter 1 Teachers and the Legal System Reflection To what extent have you as an educator become more informed about the procedures of the legal system and how to access information as well as understand procedures to protect the rights of others?