Teachers and the Law, 8e

Teachers and the Law, 8th Edition

© 2011 Pearson Education, Inc.All rights reserved.

Teachers and the Law, 8e by

David Schimmel, Leslie R. Stellman, and Louis Fischer

PowerPoint Presentationby

Gerri Spinella, Ed. D

Teachers and the Law, 8th EditionSchimmel, D., Stellman, L., Fischer, L.

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© 2011 Pearson Education, Inc.All Rights Reserved.13 -2

Chapter 13What Are My Rights Under Due Process?


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Key ConceptsKey Concepts

Due Process

for Teachers

Due Process

for Students

Corporal Punishme

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School Searches


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Essential QuestionEssential Question

How have teachers and students secured justice when they are in conflict with school officials?


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KEY TERMS

Arbitrary/discriminatory/unreasonable

Procedural Due Process

Probable Cause

Reasonableness

Zero Tolerance

Exclusionary Rule


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How do the due process procedures affect tenured or probationary teachers?

Due Process for Teachers


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Procedural Due Process Fairness in Procedures

has adequate Notice and Hearing before an impartial tribunal where the teacher’s side of the conflict is presented.

represented by lawyer. present evidence and to cross-examine witnesses. receive a written copy of the findings and conclusions. has an opportunity to appeal.


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CasesCases

Board of Regents v. RothBoard of Regents v. Roth

Board of Education v. DoyleBoard of Education v. Doyle(Mt. Healthy Case)(Mt. Healthy Case)


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Mt. Healthy Case The Court tried to

balance the rights of the individual probationary teacher with the social interest in conducting effective and efficient public schools.

state that the individual has to show that the protected activity was a “substantial factor” or a “motivating factor” in the board’s decision not to renew the contract.


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In Loco Parentis Doctrine means in place of the parents. used to justify the power and authority of

school officials over students at school or while traveling to and from school.

has been weakened since the courts are recognizing the constitutional rights applied to students and schools.

Suspensions Short, Minor, Serious cases

Due Process for Students


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Due Process Procedures Expulsion and Suspension

Written notice state charges give the time and place of hearing describe the procedures to be followed at the

hearing evidence Witnesses/substance of testimony right to cross examine witnesses present evidence on students’ behavior written/tape record of proceedings right of appeal


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Case PresentationCase PresentationGoss v. LopezGoss v. Lopez


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Trivial or minor mattersEmergencies

Disciplinary Matters Long Term Suspension

or Expulsion or Significant Penalty

Extensive/Careful Due

Process


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It is not unconstitutional. Reasonable limits Prohibited in most districts Parents (in general) can not prohibit

the use of corporal punishment if it is allowed by the state.

Corporal Punishment


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Case PresentationCase PresentationIngraham v. WrightIngraham v. Wright


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School officials can search student lockers

“Reasonable suspicion” - suspect that something illegal or dangerous is in the locker

Inquiry must be twofold

1. One must consider “whether the ….action was justified at its inception.

2. One must determine whether the search that was actually conducted was “reasonably related in scope to the circumstances which justified the interference in the first place.”

School Searches


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CasesCases

People v. OvertonPeople v. Overton

New Jersey v. T.L.O.New Jersey v. T.L.O.

Safford Unified School District v. ReddingSafford Unified School District v. Redding


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Student Rights

Pregnancy Test Police search school

lockers or students without search warrants

Urine test to detect or prevent drug abuse for students unless student sign waiver

Zero Tolerance Use of metal detectors Forbid the bringing of

weapons to schools


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Case PresentationCase Presentation

Vernonia School District v. ActonVernonia School District v. Acton


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Initial Proceedings

Complaint

Facts of claim by plaintiff seeks

Defendant Answers (30 days) or motion

to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories

DepositionsDocument Requests

Settlement Conference


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Essential QuestionEssential Question

How have the court rulings affected the decision-making process that educators maintain in protecting the due process proceedings for teachers or students?

Documents

Teachers and the Law, 8e