1. Public School Law: Hodgepodge Anything not covered December 5, 20151 SL Student Due Process & Sexual Harassment

2. The cases- they keep on coming  What is sexual harassment?  Unwelcome sexual advances  Requests for sexual favors  Other inappropriate oral, written, or physical conduct of a sexual nature  Issues involve “fitness to teach”

3. Sexual Harassment  Title IX intends to rid schools of sexual harassment. Enforced by the US Department of Education’s Office of Civil Rights. Prohibits  Employee to Employee Sexual Harassment  Employee to Student Sexual Harassment  Student to Student Sexual Harassment December 5, 2015 SL Student Due Process & Sexual Harassment 3

4. Sexual Harassment  Title VII of the Civil Rights Act of 1964 Prohibits sexual harassment in the work place Enforced by the Equal Employment Opportunity Commission (EEOC). December 5, 2015 SL Student Due Process & Sexual Harassment 4

5. Sexual Harassment  Types of Sexual Harassment Quid pro quo  The person in power attempts to secure submission by offering a reward or threatening punishment in order obtain the desired sexual behavior.  Also called bargaining harassment December 5, 2015 SL Student Due Process & Sexual Harassment 5

6. Sexual Harassment  Types of Sexual Harassment Hostile Environment  “Encompasses behavior that causes the educational environment to become hostile, offensive, or intimidating to the student as a result of the harassment” (Alexander & Alexander, 2005, p. 461). December 5, 2015 SL Student Due Process & Sexual Harassment 6

7. Sexual Harassment  In Franklin v. Gwinnett County Public Schools (1992), the Supreme Court held that “plaintiffs could recover compensatory and punitive damages under Title IX” (Alexander & Alexander, 2005, p. 464). December 5, 2015 SL Student Due Process & Sexual Harassment 7

8. Sexual Harassment  In Davis v. Monroe County Board of Education (1999), the US Supreme Court held that school districts can be liable for student-to-student sexual harassment.(p. 469) December 5, 2015 SL Student Due Process & Sexual Harassment 8

9. Sexual Harassment  Districts are liable under Title IX when a relevant school official demonstrates “deliberate indifference” (Gebser v. Lago Vista Independent School District, 1998).(p. 466) December 5, 2015 SL Student Due Process & Sexual Harassment 9

10. Sexual Harassment  Deliberate Indifference Means A school official knew about the sexual harassment and Failed to stop it, when he or she had control over the harasser and the harassment context. December 5, 2015 SL Student Due Process & Sexual Harassment 10

11. To Hug or Not to Hug  That is the question

12. Sexual Harassment  For Districts, liability is limited only to those situations where “the school has substantial control over the harasser and the associated context” and where the harassment was “so sever, pervasive, and objectively offensive that it discriminates against the victim and effectively deprives him or her of access to educational opportunities or benefits” (Alexander & Alexander, 2005, p. 463). December 5, 2015 SL Student Due Process & Sexual Harassment 12

13. Child Abuse  Florida law requires, “all employees and agents of the district school board have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect; have immunity from liability if they report such cases in good faith; and have a duty to comply with child protective… December 5, 2015 SL Student Due Process & Sexual Harassment 13

14. Child Abuse  investigations and all other provisions of law relating to child abuse, abandonment, and neglect” (Child abuse, abandonment, 2006). December 5, 2015 SL Student Due Process & Sexual Harassment 14

15. Negligent Hiring  Dance of the lemons  Be honest  Negligent hiring can cause problems over many years December 5, 201515 SL Student Due Process & Sexual Harassment

16. Which of the following is the best pet for a second grade classroom?  A. a pine snake  B. parrot  C. two white mice  D. A hamster

17. Answer:  Pets are not appropriate for the classroom; however teachers may keep animalsto study behavior

18. Regulations concerning animal use  Can animal abuse charges may be leveled against teachers? PETA- serious charges can lead to loss of job  What if an animal bites a student, staff member, or visitor?  What is an animal passes a disease to a person? What are some of these?  What if a student has an allergic reaction?

19. Science Experiments Using Animals  Good idea- no vertebrate animals including questionnaires of humans  Florida Game and Fresh Water Fish Commission, “Animals in the Classroom: What are the Rules?”

20. Bilingual Education  In Lau v. Nichols (1974), the US Supreme Court held that the San Francisco school system’s failure to provide English language instruction to Chinese speaking students violated the Civil Rights Act of 1964.

21. Copyright  Copyright Act PL 94-553  Act amended in 1998 called the Digital Amendment to protect materials on the World Wide Web  Fair use standards  B  S  C

22. Finance  1901- Marion v. Alexander Communities cannot levy taxes for schools unless the Legislature of the state enables them to do so  What problems could occur here?

23. 1968 San Antonio v. Rodriguez  Differences: Edgewood and Alamo Heights-What did the Supreme Court say?  1989- TX Supreme Court- must come up with a fairer plan  Serrano v. Priest 1971 California

24. Florida Education Finance Program (FEFP)  1973  BSA x wFTE x DCD etc  Districts must match funds in property taxes but cannot go over millage cap

25. Collective Bargaining  Mandatory subjects  Permissive subjects  Non-negotiable items- 180 days for students in Florida

26. Collective bargaining  Bargaining unit represents all teachers within the district even those not in the union  Florida is a right-to-work state- teachers cannot strike

27. FERPA  1974 Family Educational Rights and Privacy Act or Buckley Amendment  Governs privacy issues about students’ records in public schools and any institution receiving public funds  How much of your file is open to the public?

28. Confidentiality  Can a teacher tell a third party damaging information about a student?  Is information to a teacher confidential or privileged?  If a teacher is called into court, must the teacher relay the information?

29. Chronic Illness and Medical Emergencies  Sickle cell disease  Epilepsy  Asthma  Diabetes  AIDS/HIV  medication

30. Prudent action  Be informed  Act prudently