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School Law and EthicsSchool Law and Ethics

ED 1010

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Limitations of Laws as Limitations of Laws as Guidelines for TeachersGuidelines for Teachers

Laws are purposely general and vague so Laws are purposely general and vague so they can apply to a variety of specific they can apply to a variety of specific situations.situations.

Laws were created in response to Laws were created in response to problems that arose or existed in the past.problems that arose or existed in the past.

Laws specify teachers’ rights and Laws specify teachers’ rights and responsibilities; they don’t address what responsibilities; they don’t address what teachers teachers shouldshould do. do.

Professional ethics provide a set of moral Professional ethics provide a set of moral standards for the teacher.standards for the teacher.

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Teacher Rights and ResponsibilitiesTeacher Rights and Responsibilities

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U.S. Legal Influences on U.S. Legal Influences on Education: FederalEducation: Federal

First AmendmentFirst AmendmentCongress shall make no lawCongress shall make no law respecting respecting

an establishment of religionan establishment of religion, or , or prohibiting the free exercise thereofprohibiting the free exercise thereof; ; or or abridging the freedom of speechabridging the freedom of speech, or , or of the pressof the press; or the ; or the right of the people right of the people peaceably to assemblepeaceably to assemble, and to , and to petition the Government for a redress petition the Government for a redress of grievancesof grievances..

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Fourth AmendmentFourth AmendmentThe right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and their persons, houses, papers, and effects, effects, against unreasonable searches against unreasonable searches and seizuresand seizures, shall not be violated, and , shall not be violated, and no Warrants shall issue, but upon no Warrants shall issue, but upon probable cause, supported by Oath or probable cause, supported by Oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized. persons or things to be seized.

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Fourteenth AmendmentFourteenth Amendment Section. 1.Section. 1. All persons born or All persons born or

naturalized in the United States and naturalized in the United States and subject to the jurisdiction thereof, are subject to the jurisdiction thereof, are citizens of the United States and of the citizens of the United States and of the State wherein they reside. No State shall State wherein they reside. No State shall make or enforce any law which shall make or enforce any law which shall abridge the privileges or immunities of abridge the privileges or immunities of citizens of the United States; citizens of the United States; nor shall any nor shall any State deprive any person of life, liberty, or State deprive any person of life, liberty, or property, without due process of law;property, without due process of law; nor nor deny to any person within its jurisdiction deny to any person within its jurisdiction the equal protection of the laws.the equal protection of the laws.

Due Process: The idea that laws and legal proceedings must be fair

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Other Federal LawsOther Federal Laws

Civil Rights Act of 1964Civil Rights Act of 1964 No person in the United States shall on the No person in the United States shall on the

grounds of race, color, or national origin, be grounds of race, color, or national origin, be excluded from participation in or be denied excluded from participation in or be denied the benefits of, or be subjected to the benefits of, or be subjected to discrimination under any program or activity discrimination under any program or activity receiving federal financial assistance.receiving federal financial assistance.

Title IXTitle IX Prohibits discrimination on the basis of Prohibits discrimination on the basis of

gendergender

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State LawsState Laws

State laws regulateState laws regulate Teacher qualificationsTeacher qualifications Working conditionsWorking conditions Teachers’ legal rightsTeachers’ legal rights

School districts responsible for day-School districts responsible for day-to-day governance of schoolsto-day governance of schools

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Teacher Employment and the LawTeacher Employment and the Law

Licensure requirements specify minimal Licensure requirements specify minimal levels of teacher qualifications.levels of teacher qualifications.

Teaching contracts are legal agreements Teaching contracts are legal agreements between a teacher and a local school between a teacher and a local school board.board.

Collective bargaining occurs when a local Collective bargaining occurs when a local chapter of a professional organization chapter of a professional organization negotiates with a school district over the negotiates with a school district over the rights of teachers and conditions of rights of teachers and conditions of employment.employment.http://www.dea.org/conditions.html

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Teacher Employment and the LawTeacher Employment and the Law(continued)(continued)

Tenure is a legal safeguard to prevent Tenure is a legal safeguard to prevent teacher dismissal without cause.teacher dismissal without cause.

Reduction in force (RIF) due to Reduction in force (RIF) due to declining enrollment can result in declining enrollment can result in both tenured and nontenured both tenured and nontenured teachers being released.teachers being released.

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Academic FreedomAcademic Freedom

Right of teachers to choose both Right of teachers to choose both content and teaching methods based content and teaching methods based on their professional judgmenton their professional judgment

Protected by First Amendment to the Protected by First Amendment to the ConstitutionConstitution

Congress shall make no law

Congress shall make no law . . . . . .

abridging the freedom of speech

abridging the freedom of speech,,

So can teachers just teach whatever they want, however they want?

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Academic Freedom (continued)Academic Freedom (continued)

Influenced by several factorsInfluenced by several factors Teacher’s goal in discussing topic or Teacher’s goal in discussing topic or

using methodusing method Age of students involvedAge of students involved Relevance of materials to courseRelevance of materials to course General acceptance of the practice in General acceptance of the practice in

questionquestion Existence of policies related to the issueExistence of policies related to the issue

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Copyright LawsCopyright Laws Federal laws designed to protect the Federal laws designed to protect the

intellectual property of authorsintellectual property of authors Apply toApply to

Printed matterPrinted matter VideosVideos Computer softwareComputer software

Fair-use Fair-use guidelines specify limitations in the guidelines specify limitations in the use of copyrighted materials for educational use of copyrighted materials for educational purposes.purposes.

the purpose and character of the use, including whether such the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational use is of commercial nature or is for nonprofit educational purposes;purposes;

the nature of the copyrighted work;the nature of the copyrighted work; amount and substantiality of the portion used in relation to amount and substantiality of the portion used in relation to

the copyrighted work as a whole; and the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the effect of the use upon the potential market for or value of

the copyrighted work.the copyrighted work.

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Teacher Liability Teacher Liability

Teachers are legally responsible for the Teachers are legally responsible for the safety of children under their supervision.safety of children under their supervision.

In In loco parentisloco parentis ( (in place of the parentsin place of the parents) ) requires teachers to use the same requires teachers to use the same judgment and care as parents in judgment and care as parents in protecting their students.protecting their students.

Negligence results from a failure to Negligence results from a failure to exercise sufficient care in protecting exercise sufficient care in protecting students from injury.students from injury.

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Elements of NegligenceElements of Negligence Duty to ProtectDuty to Protect

Teachers have a duty to anticipate foreseeable dangers and Teachers have a duty to anticipate foreseeable dangers and take necessary precautions to protect students in their care. take necessary precautions to protect students in their care. Specifically, teacher duties include: adequate supervision, Specifically, teacher duties include: adequate supervision, maintenance of equipment and facilities, and heightened maintenance of equipment and facilities, and heightened supervision of high-risk activities. supervision of high-risk activities.

  

Failing to Exercise a Reasonable Standard of Failing to Exercise a Reasonable Standard of CareCare The degree of care exercised by a "reasonable" teacher is The degree of care exercised by a "reasonable" teacher is

determined by factors such as: (a) the training and determined by factors such as: (a) the training and experience of the teacher in charge, (b) the student’s age, (c) experience of the teacher in charge, (b) the student’s age, (c) the environment in which the injury occurred, (d) the type of the environment in which the injury occurred, (d) the type of instructional activity, (e) the presence or absence of the instructional activity, (e) the presence or absence of the supervising teacher, and (f) a student’s disability, if one supervising teacher, and (f) a student’s disability, if one exists. exists. 

Proximate CauseProximate Cause Was there a connection between the breach of duty by the Was there a connection between the breach of duty by the

teacher and the student’s injury? Was the injury a natural and teacher and the student’s injury? Was the injury a natural and probable cause of the wrongful act (i.e., failure to supervise), probable cause of the wrongful act (i.e., failure to supervise), and ought to have been foreseen in light of the attendant and ought to have been foreseen in light of the attendant circumstances?" (Scott v. Greenville, 1965).  circumstances?" (Scott v. Greenville, 1965).  

Actual InjuryActual Injury Was there an actual physical or mental injury. Was there an actual physical or mental injury.

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A paraprofessional in your classroom is A paraprofessional in your classroom is trying to calm an agitated student trying to calm an agitated student when suddenly the student throws his when suddenly the student throws his books across the room, turns over his books across the room, turns over his desk, and starts hitting the desk, and starts hitting the paraprofessional. You take the paraprofessional. You take the student’s arms and walk him into the student’s arms and walk him into the timeout room. The student struggles, timeout room. The student struggles, curses, and screams that you’re a curses, and screams that you’re a child abuser and that his parents will child abuser and that his parents will sue you. The next morning the sue you. The next morning the principal calls you and tells you that a principal calls you and tells you that a policeman is in his office to take a policeman is in his office to take a report from you regarding a possible report from you regarding a possible incident of child abuse. What can you incident of child abuse. What can you do to protect yourself from this false do to protect yourself from this false allegation?allegation?

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You hear a fight starting outside your You hear a fight starting outside your classroom. Two students who are classroom. Two students who are engaged in an argument begin to push engaged in an argument begin to push and shove each other. You tell the and shove each other. You tell the students to break it up and report to students to break it up and report to their next class. One agrees but the their next class. One agrees but the other throws a punch at the other other throws a punch at the other student. You grab the student that is student. You grab the student that is continuing the confrontation and lead continuing the confrontation and lead him away. The student snarls at you, him away. The student snarls at you, "Get your hands off me, I have my "Get your hands off me, I have my rights." Have you violated his rights? rights." Have you violated his rights?

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A group of students run down the A group of students run down the hallway on their way to lunch. They hallway on their way to lunch. They pass by two teachers who are on duty. pass by two teachers who are on duty. A student steps out of a classroom A student steps out of a classroom and collides with the group of running and collides with the group of running students and is knocked to the floor, students and is knocked to the floor, breaking an arm. The student policy breaking an arm. The student policy handbook clearly states no running in handbook clearly states no running in the hallways. Are the teachers that the hallways. Are the teachers that observed the behavior and did nothing observed the behavior and did nothing liable? Explain why or why not. liable? Explain why or why not.

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Two students are roughhousing in the Two students are roughhousing in the bleachers of the school gymnasium as bleachers of the school gymnasium as they wait for the bell indicating class they wait for the bell indicating class change at the end of Physical Education change at the end of Physical Education class. The P.E. teacher is in his office class. The P.E. teacher is in his office preparing for the next class. The preparing for the next class. The teacher's office is inside the locker teacher's office is inside the locker room, not adjacent to the gym. One of room, not adjacent to the gym. One of the students falls down the bleachers the students falls down the bleachers striking his head on the floor and is striking his head on the floor and is knocked unconscious momentarily. It is knocked unconscious momentarily. It is later found that he has a mild later found that he has a mild concussion. Was the P.E. teacher concussion. Was the P.E. teacher negligent? Explain why or why not. negligent? Explain why or why not.

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Child AbuseChild Abuse All 50 states and the District of All 50 states and the District of

Columbia have laws requiring Columbia have laws requiring teachers to report suspect child teachers to report suspect child abuse.abuse. While you may also report the suspicion While you may also report the suspicion

of abuse to an administrator, of abuse to an administrator, youyou are are required to report the suspicion to DCFSrequired to report the suspicion to DCFS

These same laws protect teachers These same laws protect teachers who “act in good faith” and “without who “act in good faith” and “without malice.”malice.”

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Teachers’ Private Lives Teachers’ Private Lives

Teachers are held to a higher Teachers are held to a higher standard of conduct than ordinary standard of conduct than ordinary citizens.citizens.

Moral standards are not absolute, Moral standards are not absolute, varying within specific communities.varying within specific communities.

When teachers break the law, the When teachers break the law, the notoriety, or the extent to which a notoriety, or the extent to which a teacher’s behavior becomes known teacher’s behavior becomes known or controversial, can determine or controversial, can determine teacher dismissal.teacher dismissal.

http://www.schools.utah.gov/uppac/

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Teacher TenureTeacher Tenure

Designed to protect teachers from Designed to protect teachers from political or personal abuses and political or personal abuses and ensure the stability of the teaching ensure the stability of the teaching forceforce

Controversial because critics say it Controversial because critics say it protects incompetent teachersprotects incompetent teachers

Administrators and teachers differ on Administrators and teachers differ on the need for tenurethe need for tenure

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Religion and the LawReligion and the Law First Amendment to the Constitution provides First Amendment to the Constitution provides

for the separation of church and state but for the separation of church and state but does NOT prohibit individuals from practicing does NOT prohibit individuals from practicing religion.religion. Congress shall make no lawCongress shall make no law respecting respecting

an establishment of religionan establishment of religion, or , or prohibiting the free exercise thereofprohibiting the free exercise thereof;;

Students can pray in schools, but neither Students can pray in schools, but neither school officials nor teachers can lead or school officials nor teachers can lead or sanction organized prayer in schools.sanction organized prayer in schools.

Religious clubs and organizations can meet on Religious clubs and organizations can meet on public school grounds.public school grounds.

Teachers can teach Teachers can teach aboutabout religion but not religion but not advocate advocate forfor religion. religion.

ABC News Video

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Student Rights and ResponsibilitiesStudent Rights and Responsibilities

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Student Freedom of SpeechStudent Freedom of Speech

Protected by the First Amendment to the Protected by the First Amendment to the ConstitutionConstitution

Cannot interfere with school learning or Cannot interfere with school learning or the school missionthe school mission Sit down strikes?Sit down strikes? Class discussions?Class discussions?

May apply to student newspapers, but this May apply to student newspapers, but this freedom could be limited for “legitimate freedom could be limited for “legitimate pedagogical concerns.”pedagogical concerns.”

Congress shall make no lawCongress shall make no law . . . . . . abridging the freedom of speechabridging the freedom of speech, or , or of of the pressthe press;;

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Permissible Search and SeizurePermissible Search and Seizure

Fourth Amendment to the Constitution protects Fourth Amendment to the Constitution protects citizens against unlawful searches and seizures.citizens against unlawful searches and seizures.

School searches are permissible if they target a School searches are permissible if they target a specific problem such as drugs or potential specific problem such as drugs or potential violence.violence. Drug sniffing dogsDrug sniffing dogs Search notebooks, pocketsSearch notebooks, pockets

Nonintrusive student searches, such as metal Nonintrusive student searches, such as metal detectors, have been found legal by the courts; detectors, have been found legal by the courts; strip searches, however, have been found strip searches, however, have been found unconstitutional.unconstitutional.

The right of the people to be secure in their persons, The right of the people to be secure in their persons, houses, papers, and effects, houses, papers, and effects, against unreasonable against unreasonable searches and seizuressearches and seizures,,

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Student Records and PrivacyStudent Records and Privacy

FERPA, The Family Educational Rights FERPA, The Family Educational Rights and Privacy Act, also called the Buckley and Privacy Act, also called the Buckley Amendment, requires schools toAmendment, requires schools to

Inform parents of their rights regarding their Inform parents of their rights regarding their child’s recordschild’s records

Provide parents access to their child’s recordsProvide parents access to their child’s records Maintain procedures that allow parents to Maintain procedures that allow parents to

challenge and possibly amend information challenge and possibly amend information that they believe is inaccuratethat they believe is inaccurate

Protect parents from disclosure of confidential Protect parents from disclosure of confidential information to third parties without their information to third parties without their consentconsent

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Student Records and Privacy Student Records and Privacy (continued)(continued)

This amendment excludes teachers’ This amendment excludes teachers’ private notes, grade books, private notes, grade books, correspondence with administrators, correspondence with administrators, and letters of recommendation in and letters of recommendation in which students waive access.which students waive access.

Teachers may ask other students to Teachers may ask other students to grade homework or classroom work if grade homework or classroom work if it is part of classroom instruction.it is part of classroom instruction.

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Utah State additions to FERPAUtah State additions to FERPA

Activities prohibited without parent consent:Activities prohibited without parent consent: Discussion of Discussion of

Political, religious affiliationsPolitical, religious affiliations Parental incomeParental income Sexual behaviorSexual behavior Psychological problemsPsychological problems

Within curriculum and other school activitiesWithin curriculum and other school activities Parents can see copies of surveys, interview Parents can see copies of surveys, interview

protocols, etc.protocols, etc. This section does not limit the ability of a This section does not limit the ability of a

student to spontaneously express sentiments student to spontaneously express sentiments or opinions otherwise protected against or opinions otherwise protected against disclosure under this section. disclosure under this section.

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Corporal PunishmentCorporal Punishment

Is Is NOTNOT prohibited by the Constitution prohibited by the Constitution Is prohibited in 28 states and the Is prohibited in 28 states and the

District of ColumbiaDistrict of Columbia Is advised against by most Is advised against by most

educational psychologists and educational psychologists and educational experts because of its educational experts because of its negative effects on studentsnegative effects on students

UTAH – Illegal!

http://school.familyeducation.com/classroom-discipline/resource/38377.html

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Students’ Rights in Students’ Rights in Disciplinary ActionsDisciplinary Actions

Students have a right to an education; in Students have a right to an education; in expulsions that last longer than 10 days, expulsions that last longer than 10 days, the following due process must be met:the following due process must be met:

A written notice specifying charges and the A written notice specifying charges and the time and place of a fair, impartial hearingtime and place of a fair, impartial hearing

A description of the procedures to be used, A description of the procedures to be used, including the nature of evidence and names including the nature of evidence and names of witnessesof witnesses

The right of students to legal counsel and to The right of students to legal counsel and to cross-examine and present their own cross-examine and present their own evidenceevidence

A written or taped record of the proceedings A written or taped record of the proceedings as well as the findings and recommendationsas well as the findings and recommendations

The right of appealThe right of appeal

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Students’ Rights in Students’ Rights in Disciplinary Actions (continued)Disciplinary Actions (continued)

Suspensions of students with Suspensions of students with exceptionalities must take into exceptionalities must take into account whether the behavior was account whether the behavior was linked to the exceptionality.linked to the exceptionality.

“Manifestation Determination”

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Affirmative ActionAffirmative Action

Affirmative action policies are designed Affirmative action policies are designed to overcome past racial, ethnic, gender, to overcome past racial, ethnic, gender, or disability discrimination.or disability discrimination.

Affirmative actions to correct past Affirmative actions to correct past discriminatory hiring practices of discriminatory hiring practices of teachers have been upheld by courts.teachers have been upheld by courts.

Affirmative action can also involve Affirmative action can also involve districts’ efforts to achieve racially districts’ efforts to achieve racially balanced schools.balanced schools.