1. Legal Issues
Chapter 13

2. The legal Rights and Responsibilities of a Teacher
Due Process…5th and 14th Amendment rights regarding personnel issues
Nondiscrimination…employers cannot discriminate in the hiring of teachers because of race, color, religion, sex, national origin, or disability
Freedom of expression…when it doesn’t impact the smooth functioning of schools, and subjects they teach

3. Due Process Notification of the charges Opportunity for a hearing
Time to prepare a response to the charges
Names of witnesses and time to review evidence
Impartial hearing
Option of being represented by attorney
Provide evidence and cross examine
A summary of procedures and results of hearing
Right to appeal any decisions of the hearing

4. Freedom of Expression
Freedom of speech…as long as it isn’t disruptive of the schooling process
Freedom of symbolic expression…posters, buttons, clothing styles…as long as they aren’t disruptive of the schooling process
Academic freedom…may select materials and methods…as long as they aren’t disruptive or conflict with district/govt. policy

5. Liability…teachers’ legal responsibilities
Negligence or malpractice…when they fail to do what a reasonable person would have done…and students are injured. When students are inappropriately placed in special ed classes
Reporting child abuse and neglect…mandatory reporting…can’t be sued if acting in good faith by reporting
Copyright laws…one copy for personal use, must limit copies providing for students in classes

6. Certification, contracts, tenure
Every state has own certification standards
Contract with school districts, not individual schools, can be moved within the district
Tenure also varies by state…Minnesota has differences for Twin Cities and Duluth and rest of the state

7. Unions and collective bargaining
National Education Association and American Federation of Teachers…conduct workshops locally and support collective bargaining and strikes (where legal)…lobbies legislators at State level, seeks higher professional standards, protects academic freedom
At the national level, coordinates innovative projects, lobbies congress

8. Sexual Harassment
“repeated and unwelcomed sexual advances, derogatory statements based on…sex, or sexually demeaning gestures or acts”
Hostile work environment… “abusive language, physical aggression, and other demeaning behavior repeatedly occurs in the workplace”

9. Responding to sexual harassment among students
Student education on harassment…at the elementary school level
Anti-harassment policy…well publicized that prohibits all forms of physical and verbal harassment
Responding to harassment…everyone should be involved
Professional development…regular training
Family involvement…families should be educated about harassment and support solicited

10. Search and Seizure
Searches are only allowed if there is a strong suspicion that an illegal substance or a dangerous object may be present.
Student records…FERPA (Family Educational Rights and Privacy Act)…parents with kids under 18 and students 18 and over must be given access to all records…Buckley Amendment

11. Buckley Amendment
Written policy…school district must have a written policy that deals with student records and informs parents of their rights under the act
Reviewing student files…school personnel, parents and eligible student can, noone else
Challenging content…procedures are in place to challenge the content of the files
Meeting the terms of the act…Family Right to Privacy Act Office can be contaced

12. Effective Zero-Tolerance Policies
Clear consequences for misbehavior and consistency of application
Allow flexibility and consider other options to expulsion
Define a weapon, drug, or misbehavior
Comply with state due process laws
Develop policy collaboratively with all stakeholders
Learn from the mistakes of other districts
Integrate health ed programs for drugs and alcohol
Tailor to local needs and review yearly