1. Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.
Teachers and The Law 7th Chapter 1 Teachers and the Legal System Fischer, Schimmel, Stellman PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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2. Key Concepts Chapter 1 – Teachers and the Legal System
Part I
Legal Aspects of Teaching
Part II
Teachers’ and Students’ Rights
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3. Teachers and the Legal System
Chapter 1
Teachers and the Legal System
Essential Question
In what ways can educators access the legal system to understand the laws applicable to their school problem?
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4. Text Principles 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.
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Copyright © Allyn & Bacon 2007

5. GUIDING PRINCIPLES
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6. Preface “Americans are a litigious people.”
This book is about teachers and the law that affects them.”
“Our purpose in writing this book is not to encourage teachers to litigate.”
“Too many teachers view the law with anxiety and fear, as a trap to ensnare any educator….”
“… the purpose of this book is to empower teachers to take the law constructively into their own hands, in order to be able to use law as a source of guidance and protection….”
Preface, pp. xi-xii
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7. Copyright © Allyn & Bacon 2007

8. Portland Public Schools
Case Presentation
Settlegoode v.
Portland Public Schools
P. 1
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

9. Sue in Federal Three Main Laws and (2) State Courts (2-3)
Key Concepts Chapter 1-Teachers and the Legal System
Key Concepts Chapter 1-Teachers and the Legal System
Three Main Laws
(2)
Sue in Federal
and
State Courts
(2-3)
Legal Assistance
(3-4)
Three Main Laws
Statutory law l aw created by legislatures such as congress
Constitutional law law established by court decision
Common law law established by other court decisions
Statutory law law created by legislatures such as congress
Constitutional law established by court decision
Common law established by other court decisions
Sue in State or Federal Courts? (pp. 2-3)
Jurisdiction court that has the authority to consider the dispute.
BOE/federal courts it is believed judges are more eager to dismiss on pretrial motions.
Legal Assistance (pp. 3-4)
Pro se represent one’s self
Lawyer
Other options
a. Bargaining Representative (union
b. EEOC Equal Employment Opportunity Commission
c. Chain of Command
Legal Assistance
Lawyer
Other options: Bargaining Representative (union)
EEOC
Jurisdiction
BOE/Federal Courts
Statutory law
Constitutional Law
Common Law
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

10. KEY WORDS Chapter 1-Teachers and the Legal System
pp. 4-12
Complaint (4)
1st main paper filed. Includes a statement of harm done and a request for specific help from the court.
Plaintiff (4)
one who initiates a lawsuit
Defendant (4)
person sued
Answer (4)
admits to or denies the allegation and sets forth the defendant’s view
Motion to dismiss (4)
argument that even if the facts in the allegation are true, they do not state a valid basis for a lawsuit.
Cause of Action (4)
facts sufficient to allow a valid lawsuit to proceed
Discovery (4)
process whereby each side finds out information about the other side’s case
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11. KEY WORDS Chapter 1-Teachers and the Legal System
Interrogatories (4)
written questions answered under oath
Depositions (4)
sworn testimony taken of the parties and witnesses
Writ of certiorari (5)
request for review of a lower court decision (can be refused)
ADR
a. mediation (7)
b. arbitration (7)
Alternative Dispute Resolution (options)
process in which adversaries sit with a neutral 3rd party to negotiate and agreement that all find acceptable.
more formal hearing – all present witnesses, arbitrator rules.
En banc (12)
in the bench – full panel of judges sit to hear a case.
Legal Research Tools (8-12)
Online options a.
b. LEXIS
c. WESTLAW
d. Infotrac
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12. Analysis of Settlegoode v. Portland Public Schools
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13. Case Study Initial Proceedings Complaint Defendant
Answers (30 days) or motion to dismiss
Facts of claim by plaintiff seeks
Complaint
Interrogatories
Depositions
Document Requests
Case Study
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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14. Teachers and the Legal System
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?
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