2. Teachers and the Law Will Grant Front Range UniServ Unit “I’m not an attorney and I don’t play one on TV.” Will Grant Front Range UniServ Unit “I’m not an attorney and I don’t play one on TV.”

3. Overview of Areas of Legal Issues for Teachers Federal Laws State Laws Local School Board Policies

4. Basis for Federal Involvement General Welfare Clause “The Congress shall have Power to lay and collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common Defense and General Welfare of the United States…” General Welfare Clause “The Congress shall have Power to lay and collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common Defense and General Welfare of the United States…” Power of the purse strings (acquiescence by states in accepting Federal grants) Power of the purse strings (acquiescence by states in accepting Federal grants) Court cases involving constitutional protections Court cases involving constitutional protections

5. Basis for State Involvement Colorado Constitution: Colorado Constitution: “The general assembly shall…provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state…”

6. Three Types of Legal Issues Civil Issues Civil Issues Criminal Issues Criminal Issues Constitutional Issues Constitutional Issues

7. Some Significant Legal Issues for Teachers IDEA (Individuals with Disabilities Education Act) IDEA (Individuals with Disabilities Education Act) Discrimination Issues based on age, sex, disability, religious beliefs Complaints are generally handled through the EEOC (Equal Employment Opportunity Commission) Discrimination Issues based on age, sex, disability, religious beliefs Complaints are generally handled through the EEOC (Equal Employment Opportunity Commission)

8. Legal Issues (continued) Liability Issues Liability Issues Sexual Harassment Sexual Harassment Due Process (for Teachers and Students) Due Process (for Teachers and Students) FERPA FERPA NCLB NCLB

9. Legal Issues (continued) Establishment Clause of the First Amendment Establishment Clause of the First Amendment Free Speech Issues Free Speech Issues

10. Special Education (IDEA) & 504 Plans Responsibilities in development of an IEP or a 504 plan Responsibilities in development of an IEP or a 504 plan Responsibilities in implementing an IEP or a 504 plan Responsibilities in implementing an IEP or a 504 plan

11. Liability & Negligence: 4 Bases for Liability District/school employee had a duty to be careful not to injure the student and to protect the student from being injured District/school employee had a duty to be careful not to injure the student and to protect the student from being injured District/school employee failed to use due care District/school employee failed to use due care District’s/school employee’s carelessness caused the injury District’s/school employee’s carelessness caused the injury The student sustained provable injuries The student sustained provable injuries

12. Sexual Harassment Quid pro quo Quid pro quo Hostile environment: in the workplace or in the classroom Hostile environment: in the workplace or in the classroom

13. Due Process Key elements 1. Right to know the charges and evidence against you 2. Right to have a representative 3. Right to respond to the charges and question witnesses against you 4. Right to a fair, impartial hearing Key elements 1. Right to know the charges and evidence against you 2. Right to have a representative 3. Right to respond to the charges and question witnesses against you 4. Right to a fair, impartial hearing Relation to Discipline of Students Relation to Discipline of Students

14. Scenario on Due Process A teacher is called in shortly after returning from spring break and told that his services are no longer needed. He should turn in his ID, keys, and other School District property then clean out his personal property. He is told that he will not be paid for the rest of the year since he will not be working. A teacher is called in shortly after returning from spring break and told that his services are no longer needed. He should turn in his ID, keys, and other School District property then clean out his personal property. He is told that he will not be paid for the rest of the year since he will not be working. Does the action meet the requirements of due process? Why or Why not?

15. Probationary Status Teachers Probationary for first three years of employment as a teacher under current law Probationary for first three years of employment as a teacher under current law Update to the law: must have three (3) consecutive years of “demonstrated effectiveness” Update to the law: must have three (3) consecutive years of “demonstrated effectiveness” Beginning July 2013, district may extend by one year probationary status of teacher with three years of effectiveness Beginning July 2013, district may extend by one year probationary status of teacher with three years of effectiveness Have due process rights during the contract year Have due process rights during the contract year

16. Probationary Status Teachers Can be dismissed through non-renewal of contract for any reason or no reason at the end of a contract year Can be dismissed through non-renewal of contract for any reason or no reason at the end of a contract year While teacher must be given the reason for non-renewal if it is requested, that reason may not be used to challenge the non-renewal While teacher must be given the reason for non-renewal if it is requested, that reason may not be used to challenge the non-renewal

17. Non-Probationary Status Teachers State law outlines reasons and process for the dismissal of a non-probationary teacher State law outlines reasons and process for the dismissal of a non-probationary teacher Right is generated by Fourteenth Amendment to the U. S. Constitution “…nor shall any State deprive any person of life, liberty, or property (emphasis added), without due process of law…” Right is generated by Fourteenth Amendment to the U. S. Constitution “…nor shall any State deprive any person of life, liberty, or property (emphasis added), without due process of law…” Under new law, a teacher can lose non- probationary status after two consecutive years of ratings as ineffective Under new law, a teacher can lose non- probationary status after two consecutive years of ratings as ineffective

18. New Evaluation Law Specific details are still in process of being finalized Specific details are still in process of being finalized Requires 50% of teacher’s performance rating be based on “the academic growth of the teacher’s students” Requires 50% of teacher’s performance rating be based on “the academic growth of the teacher’s students” Other 50% is based on pending legislation defining standards for effective teaching Other 50% is based on pending legislation defining standards for effective teaching Some districts are lobbying to use their own standards Some districts are lobbying to use their own standards

19. Conduct Off the Job Under what circumstances should an employee’s conduct away from the job affect his/her employment? Under what circumstances should an employee’s conduct away from the job affect his/her employment? Should the standard(s) be different for teachers than for people who are employed in other jobs? Should the standard(s) be different for teachers than for people who are employed in other jobs?

20. New CDE Reporting Requirement State Board of Education adopted rule last spring requiring notification to parents of arrests or charges of employees or former employees for certain charges State Board of Education adopted rule last spring requiring notification to parents of arrests or charges of employees or former employees for certain charges Must be sent within 24 hours Must be sent within 24 hours If charges dropped or person exonerated, district must send follow up letter to that effect If charges dropped or person exonerated, district must send follow up letter to that effect

21. Scenario: Off-Duty Conduct An art teacher also creates and sells his own works of art. He creates them by putting paint on his naked buttocks and smearing it on canvases. He posts footage showing him creating such pieces of art on the Web, and his supervisor discovers it. An art teacher also creates and sells his own works of art. He creates them by putting paint on his naked buttocks and smearing it on canvases. He posts footage showing him creating such pieces of art on the Web, and his supervisor discovers it. He has not taught this technique in his classes. Can he justifiably be reprimanded, disciplined or terminated? What could he do to avoid problems at work?

22. Emerging High Tech Issues MySpace and FaceBook MySpace and FaceBook Use of school district email address, internet connection Use of school district email address, internet connection Communications via the internet (are they appropriate?, are they timely?, do they interfere with your main work responsibilities?) Communications via the internet (are they appropriate?, are they timely?, do they interfere with your main work responsibilities?) Cell phone usage Cell phone usage

23. How to avoid criminal charges as a teacher Meet students (especially of the opposite sex) in public places like the library/media center or a hallway preferably with other adults present. Meet students (especially of the opposite sex) in public places like the library/media center or a hallway preferably with other adults present. Maintain a professional distance from students. For example, do not give them rides in your car. Maintain a professional distance from students. For example, do not give them rides in your car. Do not become too personal with your students. Your care and concern should be professional only. Do not become too personal with your students. Your care and concern should be professional only. Do not give individual rewards or gifts. Do not give individual rewards or gifts.

24. How to avoid criminal charges as a teacher (continued) Don’t date any students. Arranging to see a student outside of school is a date. Don’t do it. Don’t date any students. Arranging to see a student outside of school is a date. Don’t do it. A student is not your therapist. Don’t discuss inappropriate topics about yourself. A student is not your therapist. Don’t discuss inappropriate topics about yourself. You are not your student’s therapist. Do not discuss inappropriately personal topics with them. You are not your student’s therapist. Do not discuss inappropriately personal topics with them. Touch ONLY the bony parts – shoulders, elbows. Limit your physical contact and ensure it cannot be misinterpreted. Touch ONLY the bony parts – shoulders, elbows. Limit your physical contact and ensure it cannot be misinterpreted.

25. How to avoid criminal charges as a teacher (continued again) It should seem obvious, but do not have sex with a student – not any kind, not any time, not anywhere!! It should seem obvious, but do not have sex with a student – not any kind, not any time, not anywhere!! Never do anything out of anger. Count to 10 or 5 or even 3 if you realize that you could be acting out of anger. Never do anything out of anger. Count to 10 or 5 or even 3 if you realize that you could be acting out of anger.

26. Establishment Clause The First Amendment prohibits the establishment of a religion by the government as well as prohibiting the constraint of someone’s religious beliefs The First Amendment prohibits the establishment of a religion by the government as well as prohibiting the constraint of someone’s religious beliefs Schools are established by the government. Schools are established by the government. Therefore, schools can teach about religion but may not teach religion. (Seems like a subtle distinction, doesn’t it.) Therefore, schools can teach about religion but may not teach religion. (Seems like a subtle distinction, doesn’t it.)

27. School Funding Based on a formula that includes a variety of factors Based on a formula that includes a variety of factors Total is a combination of state and local funding Total is a combination of state and local funding Amendment 23 was passed to ensure funding for enrollment growth and inflation Amendment 23 was passed to ensure funding for enrollment growth and inflation With past cuts and current proposal from governor, cuts are $1.1 Billion less than Amendment 23 would seem to require With past cuts and current proposal from governor, cuts are $1.1 Billion less than Amendment 23 would seem to require