Legal Issues Inside of the ClassroomLauren NeroGeneral Counsel, A+PEL

Teacher Bill of Rights

Teacher Bill of Rights (R.S. 17:416.18)

1. A teacher has the right to teach free from fear of frivolous lawsuits for actions taken in the performance of duties of the teacher’s employment.

2. Right to appropriately discipline students.

3. Right to remove any persistently disruptive student from his classroom.

4. Right to have his or her professional judgment and discretion respected by school and district administrators in any disciplinary action taken by the teacher

Teacher Bill of Rights Cont.5.Right to teach in a safe, secure, and orderly environment

6.Right to be treated with civility and respect

7.Right to communicate with and to request the participation of parents

8. A teacher has the right to be free from excessively burdensome disciplinary paperwork.

9.A beginning teacher has the right to receive leadership and support

*No city, parish or other local public school board shall establish policies that prevent teachers from exercising the rights provided herein. The provisions of the Teacher Bill of Rights shall not be construed to supersede any other state law, BESE Policy, or city, parish or other local public school board policy enacted or adopted relative to the discipline of students.       

Monier v. St. Charles Parish School Board

SPED teacher accused

of excessive force

Suspended and then

placed on medical leave before

resigning

Sued for

violation of

Teacher Bill of Rights

NO REMEDY FOR VIOLATION OF TEACHER

BILL OF RIGHTS

Defense and Indemnity

Most suits against School System, the plaintiff will also name a teacher, principal, administrator, etc. as defendants

Do you need to worry about personal responsibility?

Teacher has a class of 25 second graders. Two of the children get into an argument during a math group project, and Little Sally pushes Little Jane out of her desk. Little Jane falls to the floor and breaks her arm. Jane’s parents then file suit, naming teacher as a defendant, for medical bills, pain and suffering. Jane’s parents assert that Teacher was negligent in her supervision of the students during the math group project. Teacher is concerned that she needs an attorney.

DEFENSE La. R.S. 17:416.4

“should any public school employee be sued for damages by any student or any person qualified to bring suit on behalf of any student based on any action or statement or the omission

of any action or statement by such employee when in the proper course and scope of his duties as defined by the school board employing such employee, then it shall be the

obligation of said school board to provide such defendant with a legal defense to such suit including reasonable attorney fees, investigatory costs, and other related expenses.”

INDEMNITY

Protects employee against liability/damages incurred as result of action/inaction

Includes principal, interests, costs

Limits to defense and indemnity by School Board School Board not bound for intentional

and malicious actions of employees School Board not bound for purposeful

or gross disregard of facts or complaints if injured by bullying

What happens if you are sued for actions taken in your professional capacity but the school board refuses to act on your behalf?

Excess Liability Coverage & Legal Defense Funds

Back to Little Jane and Little Sally. This time, you were not negligent in your supervision- in fact, you tried to break up the fight and separated Jane and Sally. Jane gets injured in the process. Now, Jane’s parents sue you, arguing that you intentionally twisted Jane’s arm and used excessive force when separating the students. Based on the claims, the SB refuses to act.

A student receives a D and begs you to change his grade to a B, so he can remain on the soccer team. You refuse. Student then makes a false complaint of sexual misconduct. You are arrested, face criminal charges and, after spending $15,000.00 on your attorney and court costs, are acquitted.

What if I am the one that is injured? Assault PayPhysical Contact ProvisionWorkers Compensation

Assault PayLa. R.S. 17:1201 (c) (1) (a):Any member of the teaching staff of the public schools who is injured or disabled while acting in his official capacity as a result of assault or battery by any student or person shall receive sick leave without reduction in pay and without reduction in accrued sick leave days while disabled as a result of such assault or battery.

Physical Contact Provision R.S. 17:1201(C)(1)(b)(i) Any member of the teaching staff of the public

schools who while acting in his official capacity is injured or disabled as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student shall receive sick leave for a period up to one calendar year without reduction in pay and without reduction in accrued sick leave days while injured or disabled as a result of rendering such assistance.

Is the distinction important? Stoshak v. EBR School Board

Two students fighting at Istrouma High, Stoshak attempted to break up, one student punched Stoshak. He fell to the ground and lost consciousness

Assault pay= leave without reduction of pay/benefits until released to return

Physical contact= leave without reduction of pay/benefits for one year

Transferred Intent

Example of Physical ContactGamier v. Orleans Parish School

Board injuries sustained by a teacher who

fell to the ground when a student she was attempting to restrain from harming another student jerked away from her

Workers Compensation 66 2/3 percent of your regular salary, up to a

maximum of approximately $630.00 per week. You have the right – at your option – to use

accumulated sick leave days to supplement this partial salary. You would receive sick leave pay in addition to workers' compensation wages, to equal (but not exceed) your regular salary.

Teachers who have exhausted sick leave days, and are still disabled, may receive "extended medical leave" in addition to workers' compensation wages, not to exceed full salary.

No compensation for pain and suffering

Protected and Unprotected Speech

First AmendmentTeachers mistakenly think they have carte blanche First Amendment rights when it comes to their use of the Internet and

social media. That is not the case. Teacher speech is more likely to be

protected if it’s about matters of public interest, but there is a nexus between

teachers’ private speech and their employment at school. Private speech

should not unduly disrupt school activities.

Pickering v. Board of Education• High school Teacher- Letter to Editor• Disagreed with allocation of funds (educational v.

athletic programs)• School Board took position that publication was

detrimental to the efficient operation and administration of the schools of the district

• “in a case such as this, absent proof of false statements knowingly or recklessly made by him, a teacher's exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment”

Two Prong TestWas the person speaking on a

matter of public concern?

Does gov’t have reason to treat

employee differently from general public?

Sherrod v. SB of Palm Beach statute requires that history courses infuse

more African and African-American A history teacher believes that a local

school district is failing, voices his concerns at various school board meetings

Subsequently the teacher was transferred many times to different schools and eventually terminated. He believed that he was terminated because of his critic.

Consider the following factors for determining if speech is constitutionally protected:

(1) The speech touches on a matter of public concern.

(2) The teacher’s speech outweighs the school district’s interest in efficiency. The courts may consider such factors as:

– Whether the speech affects the harmony of the staff

– Whether the speech has a detrimental impact on working relationships

– Whether the speech interferes with the normal operation of the employer’s business.

Social Media “an inappropriate page on social media

could lead to disciplinary action or dismissal”

“Those postings that you believe to be accessible only to your friends could potentially be accessed by a student,

parent, colleague, or employer”“Employees must understand the

seriousness of the potential consequences of a breach in confidential

personal communications.”

A high school English teacher was suspended for blogging about comments she wanted to make on student report cards. Some comments included “Nowhere near as good as her sibling. Are you sure they’re related?” and “Weirdest kid I’ve ever met.” Unfortunately for her, students and parents shared her blog on Facebook and Twitter, causing a stir that led to her suspension.

Stacey Snyder

Grievances

So what if I get disciplined (but not dismissed)? Or what if I have another issue with a superior?

Grievance

Grievance Procedure Law (La. 17:100.4) requires that each

district adopt rules and procedures, but policy must require: Within 15 days of final evaluation rating

determination, teacher entitled to copy of rating and any related documentation

Teacher can write and attach response- to remain in personnel file

Upon request of teacher, meeting with evaluator scheduled

Grieve to superintendent School Board must get ultimate final say

Tips for Writing an Effective Grievance Clearly id issue Provide background information only if

necessary; do so as concisely as possible

Identify each person- including name and title

Identify dates with specificity Include detailed account Keep emotive language out! Own your statements

Questions