Legal Issues in Legal Issues in EducationEducation

Academic FreedomAcademic Freedom

As part of a lesson on freedom of As part of a lesson on freedom of speech, a teacher lights on a flag on speech, a teacher lights on a flag on fire in her 7fire in her 7thth grade classroom. After grade classroom. After complaints from parents, the complaints from parents, the principal suspends her with pay and principal suspends her with pay and recommends to the school board that recommends to the school board that she be terminated. Has the teacher’s she be terminated. Has the teacher’s right to academic freedom been right to academic freedom been violated?violated?

Academic Freedom, cont’dAcademic Freedom, cont’d Criteria/consideration outlined by the courts…Criteria/consideration outlined by the courts…

Teacher’s goal in discussing the topic or using a Teacher’s goal in discussing the topic or using a particular methodparticular method

Relevance of material to courseRelevance of material to course Quality or general acceptance of questioned materials or Quality or general acceptance of questioned materials or

methodsmethods Existence of policies related to the issueExistence of policies related to the issue Age of studentsAge of students

When deciding in your own classroom consider…When deciding in your own classroom consider… Does this fall within the scope of the curriculum?Does this fall within the scope of the curriculum? Does this have clear academic goals that can defended?Does this have clear academic goals that can defended? Is this the best way to teach this topic?Is this the best way to teach this topic?

Employment RightsEmployment Rights

As a first year teacher, you have received As a first year teacher, you have received two satisfactory evaluations. In late two satisfactory evaluations. In late February, your principal calls you into his February, your principal calls you into his office and informs you that the school is office and informs you that the school is letting you go. When you ask why, he letting you go. When you ask why, he states that he does not have to give you a states that he does not have to give you a reason and offers to write you a letter of reason and offers to write you a letter of recommendation. Later, you find out that recommendation. Later, you find out that the superintendent’s daughter has been the superintendent’s daughter has been hired for your position next year. You go to hired for your position next year. You go to your Union representative and ask about your Union representative and ask about filing a grievance. What will he tell you?filing a grievance. What will he tell you?

Employment Rights, cont’d…Employment Rights, cont’d…

Before receiving tenure, teachers are on Before receiving tenure, teachers are on yearly contractsyearly contracts First year teachers can be dismissed without First year teachers can be dismissed without

reasonreason Each year, a teacher gains a few more rightsEach year, a teacher gains a few more rights Once tenured (4 years in Illinois), a teacher can Once tenured (4 years in Illinois), a teacher can

only be dismissed through due process or only be dismissed through due process or because of RIFs (Reduction in Force)because of RIFs (Reduction in Force)

Teachers are usually members of unionsTeachers are usually members of unions Collective bargainingCollective bargaining Fair share duesFair share dues GrievancesGrievances

Teachers’ Private LivesTeachers’ Private Lives

You get an e-mail from your principal You get an e-mail from your principal asking you to come to her office during asking you to come to her office during your conference period. When you your conference period. When you arrive, she informs you that some arrive, she informs you that some parents have called with concerns that parents have called with concerns that your name appeared in the local paper your name appeared in the local paper as having gotten a DUI over the as having gotten a DUI over the weekend and that she is considering weekend and that she is considering putting a letter regarding the incident putting a letter regarding the incident in your personnel file. Does she have in your personnel file. Does she have the right to do this?the right to do this?

Teachers’ Private Lives, cont’d…Teachers’ Private Lives, cont’d…

Many teachers’ contracts contain a Many teachers’ contracts contain a morality clausemorality clause

You need to know the community in which You need to know the community in which you live and teachyou live and teach

Taboo behaviors…Taboo behaviors… Sexual relationships with students or superiorsSexual relationships with students or superiors Drug offensesDrug offenses Excessive drinkingExcessive drinking FeloniesFelonies TheftTheft DUI/DWIDUI/DWI

LiabilityLiability Your emotional/behavioral disorders (EBD) class Your emotional/behavioral disorders (EBD) class

is in the gymnasium for a game of basketball. A is in the gymnasium for a game of basketball. A student office worker comes in to the gym and student office worker comes in to the gym and says you have a phone call in the office. Although says you have a phone call in the office. Although there are no adults in the area, the students there are no adults in the area, the students seem to be involved in their game so you believe seem to be involved in their game so you believe it is safe to leave. You ask the office worker to it is safe to leave. You ask the office worker to watch your class while you get your call. You go watch your class while you get your call. You go to the office and take the call. While on the phone to the office and take the call. While on the phone the student worker runs into the office shouting the student worker runs into the office shouting there has been a fight in the gym. You run to the there has been a fight in the gym. You run to the gym and find one of your students lying on the gym and find one of your students lying on the ground, unconscious and bleeding. What is your ground, unconscious and bleeding. What is your liability? liability?

Liability, cont’d…Liability, cont’d… In loco parentis: teachers must use the same In loco parentis: teachers must use the same

judgment and care in the supervision of children judgment and care in the supervision of children that parents dothat parents do

Negligence: failure to properly protect students Negligence: failure to properly protect students under one’s supervision under one’s supervision

Legal considerations:Legal considerations: Make a reasonable attempt to anticipate dangerous Make a reasonable attempt to anticipate dangerous

conditionsconditions Take proper precautions and establish rules/procedures to Take proper precautions and establish rules/procedures to

prevent injuriesprevent injuries Warn students of possibly dangerous situationsWarn students of possibly dangerous situations Provide proper supervisionProvide proper supervision

Professional organizations provide liability Professional organizations provide liability insurance for teachersinsurance for teachers

Child AbuseChild Abuse

One of your 9One of your 9thth graders, who has often graders, who has often come to school with bruises on his arms come to school with bruises on his arms and legs, finally confided in you that he's and legs, finally confided in you that he's had "serious arguments" with his father. had "serious arguments" with his father. The parents are separated, and Jimmy lives The parents are separated, and Jimmy lives with his mother now, but he still sees his with his mother now, but he still sees his father occasionally. The other day, you father occasionally. The other day, you noticed that Jimmy had fresh bruises on his noticed that Jimmy had fresh bruises on his face. He was very restless and ultimately face. He was very restless and ultimately left the building without permission. Is it left the building without permission. Is it your duty to tell someone? your duty to tell someone?

Child Abuse, cont’d…Child Abuse, cont’d…

Teachers are considered “mandated Teachers are considered “mandated reporters” which means they must reporters” which means they must report any suspected cases of abusereport any suspected cases of abuse

Teachers are protected from legal Teachers are protected from legal action if they act in “good faith” and action if they act in “good faith” and “without malice”“without malice”

Religion in SchoolsReligion in Schools A group of Muslim students at your school have A group of Muslim students at your school have

asked permission to pray on campus as part of asked permission to pray on campus as part of their religious practices. Can you legally allow their religious practices. Can you legally allow them to do so?them to do so?

A group of Christian students would like to start A group of Christian students would like to start an Fellowship of Christian Athletes group at your an Fellowship of Christian Athletes group at your school. Can you legally allow them to do so?school. Can you legally allow them to do so?

Your local school board wants to mandate the Your local school board wants to mandate the teaching of intelligent design as well as evolution. teaching of intelligent design as well as evolution. Can they legally do so?Can they legally do so?

A literature teacher in your school wants to use A literature teacher in your school wants to use passages from the Bible as examples of different passages from the Bible as examples of different kinds of literary works. Can she legally do so?kinds of literary works. Can she legally do so?

Religion in Schools, cont’d ….Religion in Schools, cont’d ….

Students can legally pray in school but school Students can legally pray in school but school officials and teachers can not lead or sanction officials and teachers can not lead or sanction organized prayer at school events (violation of organized prayer at school events (violation of 11stst Amendment “Establishment Clause”) Amendment “Establishment Clause”)

Religious, philosophical and political groups Religious, philosophical and political groups must be allowed to use school facilities the must be allowed to use school facilities the same as extracurricular groups (U.S. Supreme same as extracurricular groups (U.S. Supreme Court)Court)

Schools can use religiously controversial Schools can use religiously controversial materials if they are useful in achieving materials if they are useful in achieving important educational goals but can not important educational goals but can not mandate the teaching of religious materials mandate the teaching of religious materials

Religion in Schools, cont’d…Religion in Schools, cont’d…

Guidelines from U.S. Department of Guidelines from U.S. Department of EducationEducation teachers and administrators in public teachers and administrators in public

schools should not advocate any religionschools should not advocate any religion public schools should not interfere with public schools should not interfere with

or intrude on a student’s religious beliefsor intrude on a student’s religious beliefs public schools may teach about the public schools may teach about the

history of religion, comparative religions, history of religion, comparative religions, the Bible as literature, and the role of the Bible as literature, and the role of religion in the history of the U.S. and religion in the history of the U.S. and other countries.other countries.

Students’ Freedom of SpeechStudents’ Freedom of Speech

In protest of a new administrative In protest of a new administrative policy, students at your school have policy, students at your school have staged a “sit in” in the cafeteria staged a “sit in” in the cafeteria during 3during 3rdrd hour. The principal informs hour. The principal informs that students that they must either that students that they must either go to class or be suspended. Is he go to class or be suspended. Is he violating their rights to freedom of violating their rights to freedom of speech?speech?

Students’ Freedom of Speech, Students’ Freedom of Speech, cont’d…cont’d…

students’ freedom of expression should not students’ freedom of expression should not be curtailed if it isn’t disruptive and doesn’t be curtailed if it isn’t disruptive and doesn’t interfere with the education mission of the interfere with the education mission of the schools (US Supreme Court)schools (US Supreme Court)

school may censure lewd, indecent, or school may censure lewd, indecent, or offensive speech (US Supreme Court)offensive speech (US Supreme Court)

school newspapers may be censured for school newspapers may be censured for legitimate pedagogical concerns (US legitimate pedagogical concerns (US Supreme Court)Supreme Court)

students’ attire may be censured by the students’ attire may be censured by the school if it is hurtful to other students or school if it is hurtful to other students or represent illegal activities (US Supreme represent illegal activities (US Supreme Court)Court)

Students & PrivacyStudents & Privacy

An announcement comes on over the An announcement comes on over the loudspeaker asking teachers to keep all loudspeaker asking teachers to keep all students in class, even if the bell rings. As students in class, even if the bell rings. As the periods goes on, you hear dogs out in the periods goes on, you hear dogs out in the hallway and realize that they are the hallway and realize that they are searching lockers for drugs and drug searching lockers for drugs and drug paraphernalia. Later, an administrator paraphernalia. Later, an administrator comes to your class and removes one of comes to your class and removes one of your students. In addition to searching her your students. In addition to searching her locker, they also go through her book bag. locker, they also go through her book bag. Have they violated her right to privacy?Have they violated her right to privacy?

Students & Privacy, cont’d…Students & Privacy, cont’d…

schools must have probably cause to schools must have probably cause to search; reasonable suspicion that the search; reasonable suspicion that the student being searched deserves the student being searched deserves the treatment (US Supreme Court)treatment (US Supreme Court)

metal detectors okay (not invasive); strip metal detectors okay (not invasive); strip searches are illegal (US Supreme Court)searches are illegal (US Supreme Court)

school lockers may be searched as they school lockers may be searched as they are considered property of the schoolare considered property of the school

voluntary drug testing okay; school-wide voluntary drug testing okay; school-wide drug testing not illegal (US Supreme drug testing not illegal (US Supreme Court)Court)

Student RecordsStudent Records FERPAFERPA

inform parents of their rights regarding their child’s inform parents of their rights regarding their child’s recordsrecords

provide parents with their child’s recordsprovide parents with their child’s records maintain procedures that allow parents to challenge and maintain procedures that allow parents to challenge and

possibly amend information that they believe is possibly amend information that they believe is inaccurateinaccurate

protect parents from disclosure of confidential protect parents from disclosure of confidential information to third parties without their consentinformation to third parties without their consent

excludes teacher’s private notes, grade books, or excludes teacher’s private notes, grade books, or correspondence with administratorscorrespondence with administrators

student homework or classroom work are not student homework or classroom work are not considered education records considered education records

Students & DisciplineStudents & Discipline Student Rights and Disciplinary Actions:Student Rights and Disciplinary Actions:

courts dictate that students can only be denied access courts dictate that students can only be denied access to their right to an education if due process is followedto their right to an education if due process is followed

suspension cannot last longer than 10 days without a suspension cannot last longer than 10 days without a hearinghearing

expulsion requires a hearing in front of the school boardexpulsion requires a hearing in front of the school board

Disciplinary Actions & Students with Disciplinary Actions & Students with Exceptionalities:Exceptionalities:- IDEA (1997 & 2004): school officials can remove - IDEA (1997 & 2004): school officials can remove a student with disabilities to an interim a student with disabilities to an interim alternative education setting for up to 45 days, alternative education setting for up to 45 days, even if the offense was related to their disabilityeven if the offense was related to their disability