1. Chapter 12
The LAW

2. The Need To Understand Education’s Legal Environment
Have you ever thought about how laws, regulations, and court decisions affect the field of education?
Prospective teachers and veteran teachers need to have insight about legal matters of the profession
Daily decisions can have legal ramifications 2 2

3. Learners Rights and Responsibilities
Many years ago, rules and regulations in teaching were not complex
in loco parentis – school districts acted “in the place of the parent”
School personnel acted in the best interest of the student
Few legal complaints – schools were free to deal with learners as they felt necessary
Court decisions have led to legal protections for students 3 3

4. Learners Rights and Responsibilities
Is Education a Privilege or a Right?
For most of the history of the constitution, education has been viewed as a privilege
When legal action was taken, courts did not refer to the Bill of Rights
Decisions were made “based on whether there was a relationship between the school policy and an educational purpose” (Fischer, Schimmel, & Steelman, 2002) 4 4

5. Learners Rights and Responsibilities
Is Education a Privilege or a Right?
Example: 1915 – student expelled for refusing to apologize for a speech made during a school assembly
Changes began to occur in the 2nd half of the 20th century
Literacy was seen as critical to economic well-being
Denying education was seen as denying the chance for earning
Thus education was beginning to be viewed as a right 5 5

6. Learners Rights and Responsibilities
Is Education a Privilege or a Right?
Social circumstances
1969 – Vietnam caused people to question wisdom of government
Tinker v. Des Moines Independent School District
Discussed the issue of schooling as a right and the wisdom of government
Students wore black armbands to protest the war
School officials passed a rule prohibiting the wearing of the armbands
Students suspended – Students challenged suspension 6 6

7. Learners Rights and Responsibilities
Is Education a Privilege or a Right?
Social circumstances
Tinker Case, cont’d.
Case reached U.S. Supreme Court
Ruling established that individuals have a right to a public education and that learners have constitutional rights as provided to all citizens
Tinker Case placed legal issues in schools in a new context
Policies and actions of school personnel were open for questioning and challenges 7 7

8. Learners Rights and Responsibilities
Due Process
Outlined in the 14th Amendment to U.S. Constitution
To be entitled to due process, individuals must show that they have been deprived of a liberty or property right.
Liberty right – free from restraints except those imposed by law
Property right – the right to specific tangible or intangible property 8 8

9. Learners Rights and Responsibilities
Due Process
Ensures fair treatment in an adversarial situation
Refer to P for details 9 9

10. Learners Rights and Responsibilities
Basic Rights (Extended to Students)
Freedom of expression
Freedom of conscience
Freedom from unreasonable search
Freedom from harassment
Right to privacy
Special rights for learners with disabilities 10 10

11. Learners Rights and Responsibilities
Freedom of Expression
1st Amendment to U.S. Constitution
It is NOT unrestricted to students
Students can oppose school officials
Students cannot freely express if expression interferes with learning process of others
Offensive clothing, symbols
Verbal infractions that disrupt the class
Lewd & lascivious language
Language or speech that incites fighting or rioting 11 11

12. Learners Rights and Responsibilities
Freedom of Expression
Threats of shooting, bombing, etc. – little sympathy from courts
Censorship issues – administration can legally control expression in cases that are controversial
Clothing that students wear
Is choice of dress a protected liberty right?
How do you feel about school uniforms? 12 12

13. Learners Rights and Responsibilities
Freedom of Conscience
Examples: teaching certain content, participation in patriotic activities, free exercise of religion
Books and materials that do not have legitimate educational purpose – Satanism, witchcraft
Flag saluting
Sex education courses – Human Growth & Development 13 13

14. Learners Rights and Responsibilities
Freedom from Unreasonable Search and Seizure
4th Amendment to the U.S. Constitution
Schools must have reasonable suspicion
Less stringent than probable cause
Schools have to be concerned with intrusiveness – strip searches 14 14

15. Learners Rights and Responsibilities
Freedom from Unreasonable Search and Seizure
Tests for the appropriateness of a search:
Target of a search
Quality of information that has led to the search
Nature of place to be searched
Nature of the search itself
Teachers: Always check with admin. FIRST 15 15

16. Learners Rights and Responsibilities
Freedom from Harassment
School leaders must maintain a safe and orderly environment
Bullying, sexual harassment, etc. is an emerging issue in schools
Some school districts are issuing zero tolerance policies for any type of harassment 16 16

17. Learners Rights and Responsibilities
Right to Privacy
Involving the misuse of records
Family Educational Rights and Privacy Act (1974)
Parents and guardians have free access to child’s records
Students over age 18 have same right
Strict guidelines governing release of records to other agencies
Teachers should choose words carefully 17 17

18. Learners Rights and Responsibilities
Special Rights for Learners with Disabilities
Prior to 1970s, students with special needs were excluded from school or were placed in special classrooms
PL , 1975
IDEA, 1990
Several legal cases have led to the protection of rights of learners with disabilities 18 18

19. Teachers’ Rights and Responsibilities
Teacher Certification
A valid teaching certificate validates a teacher’s legal right to be hired as a teacher
Regulations regarding certification vary by state
Certification leads to a teaching contract
Certification gives a “presumption of competence”
Contracts without a valid certificate are not binding 19 19

20. Teachers’ Rights and Responsibilities
Continuing Employment and Tenure
Teaching has a high degree of job security
Annual contracts (yearly contracts) - AC
Tenure policies
Professional Services Contracts – PSC
Continuing Contracts – CC
Tenure was created:
To protect teachers from losing jobs as a result of exchanging ideas with students that may not be popular (political views)
As an exchange for the low pay teachers receive 20 20

21. Teachers’ Rights and Responsibilities
Continuing Employment and Tenure
Opponents of tenure state that it protects incompetent teachers
Incompetent tenured teachers can be terminated, but it takes time and sometimes money 21 21

22. Teachers’ Rights and Responsibilities
General Teacher Rights
Academic freedom
Teachers can speak freely about the subjects they teach
Teachers can experiment with new ideas
Teachers can select materials to use
Teachers can decide on teaching methods
However…Teachers are still governed 22 22

23. Teachers’ Rights and Responsibilities
General Teacher Rights
Freedom of Religion
What rights do you have in refusing to teach content that might conflict with your religious beliefs?
Do you have to pledge to the flag if doing so is contrary to your religious beliefs?
Do you have the right to wear distinctive religious clothing when you teach?
Can you be absent from school to observe religious holidays?
What restrictions can be imposed on you that limit what you can say to learners about your religious convictions? 23 23

24. Teachers’ Rights and Responsibilities
Lifestyle and Conduct Outside School
Teachers’ sexual orientation
Live-in arrangements with unmarried partners
Criminal conduct 24 24

25. Teachers’ Rights and Responsibilities
Legal Obligations
Reporting child abuse
Teachers are mandated reporters
Negligence
Teachers have a responsibility to act as a professional
Misfeasance – acting unwisely or without taking proper safeguards
Nonfeasance – failing to act when duty calls
Malfeasance – actions that are taken to deliberately and knowingly harm someone 25 25