1. Foundations of Education, 12th Edition Allan C. Ornstein, Daniel U
Foundations of Education, 12th Edition Allan C. Ornstein, Daniel U. Levine, Gerald L. Gutek, and David E. Vocke
Chapter 9 Legal Aspects of Education
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2. Focus Questions for Chapter 9
What legal rights and responsibilities do teachers have?
What are the legal rights of students?
Can religious activities be conducted in public schools?
Can the government assist nonpublic schools?
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3. Legal Aspects of Education
U.S. Constitution lays the foundation for specific rights of teachers, parents, and students in U.S. schools.
First Amendment – protects freedom of religion, freedom of speech, and of press, and the right of people to peaceably assemble and petition the government for a redress of grievances.
Tenth Amendment authorizes control of education to the states.
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4. Legal Aspects of Education
Fourteenth Amendment – no person is denied life, liberty, or property without due process.
However, the rights of teachers, parents, and students in schooling are not always clear.
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5. Educational Disputes and the Role of the Courts
When disputes arise over educational policies or practices, efforts are made to settle differences at the local level of governance.
Unresolved cases are litigated by the courts, either by state courts or the federal judiciary system.
The Supreme Court of the United States is the highest court in the land, beyond which there is no redress.
Most cases heard by the Supreme Court are cases in which the validity of a state statute or federal statute is questioned in terms of the Constitution.
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6. Rights and Responsibilities of Teachers
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7. Hiring, Tenure and Dismissal of Teachers
Collective negotiation statues, tenure laws, mandatory due process, and other procedures help to guarantee the rights of teachers.
Public school teachers must possess valid teaching certificates. They must pass background checks.
Local school boards must comply with laws that prohibit discrimination when hiring teachers. A contract is signed upon hiring.
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8. Hiring, Tenure and Dismissal of Teachers
After a designated period of time of successful employment, teachers obtain tenure.
If a teacher is dismissed, due process must be followed. Firing a teacher requires documentation of efforts to help that person improve. It requires documentation of incompetence.
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9. Daily Rights and Responsibilities of Teachers
Negotiations and Strikes – The law generally prohibits strikes, but sometimes teachers strike despite prohibitions.
Assault – Teachers can protect themselves by pressing charges if assaulted.
Unreasonable Search – The Fourth Amendment protects students against unreasonable search by teachers.
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10. Daily Rights and Responsibilities of Teachers
Freedom of Expression – Teachers have the right to express themselves in public or in school.
Verbal and Emotional Abuse of Students – Teachers do not have the right to verbally or emotionally abuse students.
Academic Freedom – Teacher have some freedom to choose subject matter and instructional materials that are relevant. Courts have eliminated some materials on the basis of vulgarity.
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11. Daily Rights and Responsibilities of Teachers
Tort Liability and Negligence – Educators may be found guilty of negligence of students if they are injured. Educators may be found guilty if appropriate preventive action is not taken. Copyright Laws – Teachers must follow appropriate copyright laws.
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12. Responsibilities of Teachers – Reporting Child Abuse
Educators are required by law to report suspected cases of child abuse and/or neglect to authorities or designated social service agencies.
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14. Rights and Responsibilities of Students
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15. Daily Rights and Responsibilities of Students
Freedom of Expression –
Tucker v. Des Moines Independent School District (1969)
Court case focused on student expression of their objections to the Vietnam War.
Students wore black armbands in protest of the war. This practice was questioned/censored by the school administration.
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16. Daily Rights and Responsibilities of Students
Freedom of Expression (continued) –
Case was brought before court. Court ruled that students could express their objections to the war. The court also ruled that the rights are limited. Interference with the educational process needs to be avoided.
Other court cases involving freedom of speech include Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier.
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17. Daily Rights and Responsibilities of Students
Student Use of the Internet and Electronic Devices – Schools have developed policies for acceptable Internet and electronic device use. Dress Codes – School officials must demonstrate a rational basis for prohibiting language and symbols on clothing that may contribute to school problems. Courts have ruled that schools can require students to wear a designated uniform.
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18. Daily Rights and Responsibilities of Students
Suspension and Expulsion – Goss v. Lopez (1975) ruled that students have the legal right to public education. Student rights cannot be taken away without adherence to minimum procedures required by the due process clause. As a general practice, this should precede the removal of students from school. Recent court cases have limited school officials’ authority to suspend or expel disabled students. Zero tolerance policies also have shaped school reactions to student offenses.
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19. Daily Rights and Responsibilities of Students
Search and Seizure – The ruling of the New Jersey v. T.L.O. resulted in a two-pronged standard for constitutionally sanctioned searches in school. The two considerations are 1) whether the search is justified from the inception and 2) whether the search is reasonably related in scope to the circumstances that surround it. The use of trained dogs to sniff student lockers and car is acceptable according to the courts.
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20. Daily Rights and Responsibilities of Students
Drug Testing – In 1995, the Supreme Court ruled that drug testing is not necessarily unconstitutional.
Video Surveillance and Search – Video surveillance and search also are not necessarily considered unconstitutional.
Corporal Punishment - Ingraham v. Wright (1977), the Supreme Court ruled that the Constitution does not prohibit the use of corporal punishment in schools. Some states do have laws requiring written permission from parents before students can be spanked.
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21. Daily Rights and Responsibilities of Students
Sexual Harassment - Franklin v. Gwinnett prohibits sexual harassment and molestation of students.
Student Records and Privacy Rights – In 1974 Congress passed the Family Educational Rights and Privacy Act (FERPA – Buckley Amendment) to curb abuses relating to the review of student records. As a result of the Buckley Amendment, parents have access to their children’s school records.
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22. Daily Rights and Responsibilities of Students
Compulsory School Attendance and Home Schooling – All states have laws that compel children to attend school to age sixteen or seventeen. State governments allow for home schooling and/or attendance at private schools.
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23. Legal Aspects of Education Continued – Religion and Schools
The First Amendment prohibits the establishment of a nationally sanctioned religion. The government cannot interfere with individual rights to exercise their religious beliefs.
Engle v. Vitale (1962) ruled that state-written prayer was unconstitutional. Religious exercises were prohibited in school.
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24. Internet Danger! Cyberbullying: use of electronic means to torment,
threaten, harass, humiliate, embarrass, or otherwise target another person
Sexting: the act of using a cell phone or comparable
electronic device to transmit sexually explicit images of oneself to individuals known to or in media contact with the sender.
Prohibited Materials: visual depictions that are obscene, child pornography, or harmful to minors
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25. Legal Aspects of Education Continued – Religion and Schools
In 2000, courts excluded student-led prayer at sport games. The Supreme Court also ruled against invocations and benedictions in which a clergy opens or closes a public school ceremony.
The Supreme Court has ruled that religious clubs are allowed to meet at school, as would other extracurricular groups. These groups may meet at school before and after the school day, as well as during non-instructional time.
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26. Legal Aspects of Education Continued – State and Government Support of Non Public Schools
States may offer types of support such as transportation, books, and health services to non-public schools.
In 1947 the Supreme Court ruled in the case of Everson v. Board of Education of Erving Township. This case involved the provision of school transportation for private and parochial students. The court ruled that based on the child benefit theory, transportation should be provided.
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27. Revisiting the Focus Questions for Chapter 9
What legal rights and responsibilities do teachers have?
What are the legal rights of students?
Can religious activities be conducted in public schools?
Can the government assist nonpublic schools?
©2014 Cengage Learning.
All Rights Reserved.