1. 1 Foundations of American Education, Fifth Edition L. Dean Webb, Arlene Metha, & K. Forbis Jordan L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

2. 2 Chapter 12 Teachers, Students, and the Law PowerPoint Presentation L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

3. 3 Terms and Conditions of Teacher Employment certification citizenship and residency requirements health and physical requirements the employment contract tenure L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

4. 4 Grounds for Teacher Dismissal –immorality –incompetence –insubordination L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

5. 5 Due Process Requirements for Teacher Dismissal –notice of charges –opportunity for hearing –rebuttal –names of witnesses and access to evidence –impartial tribunal L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

6. 6 Due Process Requirements for Teacher Dismissal (continued) –representation by legal counsel –introduce evidence and cross-examination –decision based on evidence and findings –transcript or record of hearing –opportunity to appeal L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

7. 7 Constitutional Rights of Teachers freedom of expression –some restrictions on political activity right to associate academic freedom –the issues of curriculum censorship and book banning some restrictions on the right of privacy L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

8. 8 Teacher Rights Concerning Employment Discrimination and Sexual Harassment Employment Discrimination –disparate treatment –disparate impact Sexual Harassment –quid pro quo harassment –hostile environment harassment L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

9. 9 Equal Opportunity and Affirmative Action equal opportunity of employment, access to programs, and to other educational possibilities affirmative action proactive steps to admit, recruit, hire, and retain underrepresented individuals reverse discrimination L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

10. 10 Legal Responsibilities of Teachers reporting child abuse and neglect observing copyrights –the fair use doctrine –illegal file sharing L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

11. 11 Tort Liability of School District Employees Negligence –Standard of Care and Duty reasonableness doctrine foreseeable doctrine –Proximate Cause –Injury Educational and Professional Malpractice L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

12. 12 Student Discipline Suspension = Exclusion from school for 10 days or less –Student must receive oral or written notice of charges and an explanation of the evidence. –Student must be given the opportunity to rebut charges before an objective decision maker. L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

13. 13 Student Discipline (continued) Expulsion = Exclusion from school 10 days or more –only the school board can expel a student –due process requirements L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

14. 14 Student Discipline (continued) L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

15. 15 Student Constitutional Rights Regarding search and seizure by authorities May conduct a warrantless search if: 1. There exists reasonable cause or individualized suspicion that a search will reveal evidence in violation of law or school rules. 2. The scope of the search is reasonably related to the object of the search and is not “excessively intrusive.” L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

16. 16 Student Constitutional Rights (continued) Regarding freedom of expression –Tinker standard about disruption factors –student publications’ restrictions –student appearance and legitimate rules dress codes gang-related apparel student uniforms L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.

17. 17 Students’ Rights to Privacy Student Records –Discusses who has access to records and what records can contain: Family Educational Rights and Privacy Act of 1974 (FERPA) L. Dean Webb, Arlene Metha, & K. Forbis Jordan. Foundations of American Education, 5e. Copyright © 2007 by Pearson Education, Inc.