CHAPTER 12 TEACHERS, STUDENTS, AND THE LAW EDU:505 ANTHROPOLOGICAL AND SOCIOLOGICAL FOUNDATIONS OF EDUCATION WITH REFERENCE TO THE VIRGIN ISLANDS

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Mission Statement: The Virgin Islands Department of Education is committed to the superior preparation and performance of every student for continuing education, rewarding employment, and responsible citizenship. Acting Commissioner Donna Frett-Gregory

OBJECTIVES We will learn the following at the completion of this chapter: Identify the personal and professional requirements for employment of prospective teachers Describe teachers employment rights as derived from employment contract and tenure status Outline the legal requirements for dismissing a teacher Provide an overview of teachers’ rights inside and outside the classroom Discuss the teacher’s responsibility in reporting child abuse and using copyright materials

OBJECTIVES—Cont. Define the elements of negligence Compare equal opportunity and affirmative action Contrast the procedural requirements for suspension, expulsion, and corporal punishment Trace the development of student rights in the area of search and seizure Explain the restraints that may be place on student expression and personal appearance Distinguish between quid pro quo and hostile environment harassment as the concepts apply to employees and students Discuss how the Family Educational Rights and Privacy Act has expanded parental and student rights

OVERVIEW OF THE CHAPTER Teacher Rights & Responsibilities School personnel are not expected to be legal experts, it is imperative that they understand their rights and obligations under the law and how they are translated into everyday practices in the schools. Student Rights & Responsibilities The student rights and responsibilities has increasingly been challenged since the late The focus has shifted to balancing the rights of students and the responsibilities of school officials. The Law Through its legislature, state board of education, state department of education, and the local school boards promulgates the rules and regulations for the operation of the schools.

THE TEACHERS Terms and Conditions of Employment Certification Certification is the process in which most professional teaching, administrative, and other positions in the public schools require a certificate or license. Citizenship and Residency Requirements The courts have upheld both citizenship and residency requirements for certification and/or as a condition of employment. Jane Mary Doe

THE TEACHERS Terms and Conditions of Employment Health and Physical Requirements Most states and school boards have adopted health and physical requirements for teachers. The Employment Contract The employment contract is the legal document which activates the terms and conditions of employment. In order for the contract to be valid, it must the five (5) basic elements. 1. Offer & acceptance 2. Legally competent parties 3. Consideration (compensation) 4. Legal subject matter 5. Agreement in the form required by law Note: The employee’s rights and obligations of employment are derived from the contract.

THE TEACHERS Terms and Conditions of Employment Tenure Tenure is “the status conferred upon teachers who have served a probationary period which then guarantees them continual employment until retirement, subject to the requirements of good behavior, financial necessity and in some instances good periodic evaluation” (Sperry, Daniel, Huefner & Gee, 1998, p. 1041). Tenure is a creation of statue designed to maintain permanent and qualified instructional personnel. Grounds for Dismissal Dismissal is defined as the termination of employment during the term of the contract. Basically grounds for dismissal fall under the three “I” problem categories. 1. IMMORALITY 2. INCOMPETENCY 3. INSUBORDINATION

Constitutional Rights of Teachers Procedural Due Process A formal hearing giving the employee a full and fair opportunity to rebut all charges before a final decision is rendered. Freedom of Expression The Court ruled that neither teachers nor students shed their constitutional rights to freedom of speech or expression when they enter the schoolhouse gate. However, this ruling does not mean that teachers or students are free to say or write anything or express themselves through dress or other symbolic expression in any way they choose. Right to Associate The courts have ruled that teachers have the right of free association and that unjustified interference with this right by schools violates the Fourteenth Amendment.

Academic Freedom Academic freedom refers to the teacher’s freedom to discuss the subject-matter discipline and determine the most appropriate instructional methodology. Academic freedom is not without limits. For example, teachers do not have the ultimate right to determine course content or select textbooks—that authority belongs to the school board. Although teachers have limited freedom in determining the content of the curriculum, they have a greater freedom in choosing the particular strategies to teach the prescribed content. Rights of Privacy: Employee Searches As stated in Chapter 11, the Fourth Amendment guarantees a person the right “to be secure in their persons, houses, papers and effects against unreasonable search and seizures.”

Teacher Rights: Freedom from Employment Discrimination and Sexual Harassment Employment Discrimination School districts and their employees are prohibited by the Fourteenth Amendment and numerous state and federal statutes from engaging in practices that intentionally discriminate against employees or students on the basis of race, gender, age, religion, national origin, or disability. Most cases alleging employment discrimination are brought under Title VII of the Civil Rights Act of 1964 (as amended) or other Civil Rights statutes. Sexual Harassment Sexual harassment is considered a form of sexual discrimination prohibited under Title VII. According to Title VII, sexual harassment occurs when unwelcomed advances or requests for sexual favors are made a condition for being hired, receiving a raise or promotion, or any other benefits of employment (quid pro quo harassment) or where verbal or physical conduct is sufficiently severe or pervasive as to unreasonably interfere with an individual’s work performance or to create an intimidating, hostile, or offensive work environment (hostile environment harassment).

Equal Opportunity and Affirmative Action Equal opportunity requires that school districts and other agencies develop policies and procedures to ensure that the rights of employees and students are protected, and they are given equal treatment in employment practices, access to programs, or other educational opportunities. Affirmative action goes beyond equal opportunity. The principle of affirmative action holds that ensuring nondiscrimination is not enough: what is needed is affirmative steps to admit, recruit, hire, and retain individuals who are underrepresented in the workplace or the classroom.

Legal Responsibilities of Teachers Reporting Child Abuse and Neglect Child abuse is defined in both federal and state statutes. The federal Child Abuse Prevention and Treatment Act (CAPTA) as amended by the Keeping Children and Families Safe Act of 2003 defines child abuse and neglect as: Any recent act or failure to act on the part of the a parent or caretaker which results in death, serious physical injures or emotional harm, sexual abuse or exploitation. It includes an act or failure to act which represents an imminent risk of serious harm. (42 U.S.C. 5106)

Legal Responsibilities of Teachers Observing Copyrights Copyright law are designed to protect the author or originator of an original work from unauthorized reproduction or use of work.

Tort Liability of School District Employees A tort is defined as a civil wrong that leads to injury of another (criminal wrongs are not torts) and for which a court will provide a remedy in the form of an action for damages. To protect both school district employees and school board members against financial loss resulting from tort suit, many school districts purchase liability insurance. NOTE: The most common category of torts is negligence. Standard of Care and Duty Teachers of younger children are held to a higher standard than are teacher of more mature students. A higher standard of care is also required of teachers of special needs a well as of physical education, vocational, and industrial arts teachers because of the inherent danger in the activities involved. Proximate Cause The injury would not have occurred had it not been for the teacher’s conduct. Educational and Professional Malpractice 1. Instructional Malpractice Suit 2. Professional Malpractice Suit

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THE STUDENTS Student Discipline The term in loco parentis (in place of a parent), although this doctrine has been weakened in recent years, school officials do have the authority—and in fact the duty—to establish reasonable rules of student conduct designed to protect students and employees, as well as rules necessary to establish and maintain a climate conducive to learning. There are two components which relates to due process:  Substantive due process-concerned with ensuring that the government actions are reasonably related to a legitimate state purpose and not arbitrary.  Procedural due process-is designed to ensure the processes by which students are disciplined are fair and equitable. Suspensions and Expulsions Short-term suspension usually are defined as exclusions from school for periods of 10 day or less long-term suspension and expulsions are for periods in excess of 10 days.

THE STUDENTS Corporal Punishment As noted in Chapter 11, the U.S. Supreme Court has said that corporal punishment is not prohibited by the Eighth Amendment. If the punishment is cruel or excessive, a student may have an assault and battery claim, and the administrator or teacher administering the corporal punishment may be found liable under tort law for injuries sustained. However, punishment administered in a “privileged manner” is not a tort. Punishment is said to be privileged when it serves a reasonable educational purpose and is reasonable in its method and degree of force.

Search and Seizure The alarming issues surrounding drugs, weapons, and violence has become a concerned around the matters of search and seizure. In time past, the Fourth Amendment protected against unreasonable search and seizure but now it has been interpreted that law enforcement officials must have “probable cause” that a crime has been committed and to obtain a search warrant prior to conducting a search.

Freedom of Expression Free speech is one of our most highly treasured and protected constitutional liberties. Student Publications Students have the right to free expression and the right to publish and distribute literature published both on and off campus, school officials can enact time, place and manner restrictions to ensure that the students expression or distribution of student publications does not interfere with the learning environment or endanger the safety of students or employees. Student Appearance Gang-related Apparel School Uniforms Religious Wear

Sexual Harassment of Students Sexual harassment is sexual harassment and the same rights that applies to the teachers applies to students. Student can also be victims of Quid Pro Quo. Chapter 10 noted an alarming statistic of 80% of the students in public schools have been victims of some form of sexual harassment.

Student Records and Privacy For every student who attends the public schools, various records are kept by school authorities. Questions about the contents of these records, and who has access to them are addressed by federal statute, the Family Educational Rights and Privacy Act (FERPA) of FERPA provide protection to parents and students against unauthorized access to students educational records while guaranteeing their right to access.

BALANCING THE RIGHTS OF STUDENTS AND THE RESPONSIBILITIES OF THE SCHOOL OFFICIALS

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In the Virgin Islands the Board consist of nine (9) members 4 from the St. Croix District 4 from the St. Thomas/St. John District 1 At Large member (St. John resident only) The members are elected by people to serve a four (4) year term-Note: In the past election the law was change to staggered terms (every two years two members will be up for re-election) No employee of the Department of Education can seek election to the Board VIBE's Website:

THE LAW Laws are put in place for the mere protection of all concerned parties. In this chapter, the framework of the laws was to assist both the teachers and well as the students in knowing their legal rights and responsibilities. It is important for parents and the teachers to became familiar with the applicable laws as well as school board policies in their state and as in our case our local district.

Do You see me as one of your Future Policymaker? Thank you for your interest in my presentation. Mrs. Dairdre M. Petersen-Heath Administrative Assistant Virgin Islands Board of Education Sunny Isle Professional Building Suites # 5 & 6 Christiansted, St. Croix USVI (340) Voice (340) Fax Address: VIBE's Website:

THIS CONCLUDES MY POWERPOINT PRESENTATION

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