Download - Chapter 12
Chapter 12
The LAW
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The Need To Understand Education’s Legal Environment
Have you ever thought about how laws, regulations, and court decisions affect the field of education?
Prospective teachers and veteran teachers need to have insight about legal matters of the profession Daily decisions can have legal
ramifications
Rules for Teachers - 1872 Teachers each day will fill lamps, clean
chimneys. Each teacher will being a bucket of
water and a scuttle of coal for the daily session.
Make your pens carefully. You whittle nibs to the individual taste of the pupils.
Men teachers may take one evening each week for courting purposes, or two evenings a week if they go to church regularly. 3
Rules for Teachers - 1872 After ten hours in school, the teacher
may spend the remaining time reading the Bible or other good books.
Women teachers who marry or engage in unseemly conduct will be dismissed.
Each teacher shall lay aside from each pay a goodly sum of his earnings for his benefit during his declining years so that he will not become a burden on society.
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Rules for Teachers - 1872 Any teacher who smokes, uses liquor in
any form, frequents pool or public halls, or gets shaved in a barber shop will give good reason to suspect his worth, intention, integrity, and honesty.
The teacher who performs his labor faithfully and without fault for five years will be given an increase of 25 cents per week in his pay, provided the Board of Education approves.
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Rules for Students – Late 1800s Respect your schoolmaster. Obey him and accept
his punishments. Do not call your classmates names or fight with
them. Love and help each other. Never make noises or disturb your neighbors as
they work. Be silent during classes. Do not talk unless absolutely necessary. Bring firewood into the classroom for the stove
whenever the teacher tells you to. If the master calls your name after class,
straighten the benches and tables, sweep the room, and dust everything until tidy.
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Learners Rights and Responsibilities
Many years ago, rules and regulations in teaching were not complex in loco parentis – school districts acted
“in the place of the parent” School personnel acted in the best
interest of the student Few legal complaints – schools were free
to deal with learners as they felt necessary
Court decisions have led to legal protections for students
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Learners Rights and Responsibilities
Is Education a Privilege or a Right? For most of the history of the
constitution, education has been viewed as a privilege
When legal action was taken, courts did not refer to the Bill of Rights
Decisions were made “based on whether there was a relationship between the school policy and an educational purpose” (Fischer, Schimmel, & Steelman, 2002)
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Learners Rights and Responsibilities
Is Education a Privilege or a Right? Example: 1915 – student expelled for
refusing to apologize for a speech made during a school assembly
Changes began to occur in the 2nd half of the 20th century
Literacy was seen as critical to economic well-being
Denying education was seen as denying the chance for earning
Thus education was beginning to be viewed as a right
Direct Correlation?
HS Dropout
HS Diploma
BS/BA MS/MA +
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000Level of Income
Level of Income
10source: http://www.census.gov/prod/2002pubs/p23-210.pdf
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Learners Rights and Responsibilities
Is Education a Privilege or a Right? Social circumstances
1969 – Vietnam caused people to question wisdom of government
Tinker v. Des Moines Independent School District
Discussed the issue of schooling as a right and the wisdom of government
Students wore black armbands to protest the war School officials passed a rule prohibiting the
wearing of the armbands Students suspended – Students challenged
suspension
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Learners Rights and Responsibilities
Is Education a Privilege or a Right? Social circumstances
Tinker Case, cont’d. Case reached U.S. Supreme Court Ruling established that individuals have a right to
a public education and that learners have constitutional rights as provided to all citizens
Tinker Case placed legal issues in schools in a new context
Policies and actions of school personnel were open for questioning and challenges
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Learners Rights and Responsibilities
Due Process Outlined in the 14th Amendment to U.S.
Constitution To be entitled to due process, individuals
must show that they have been deprived of a liberty or property right.
Liberty right – free from restraints except those imposed by law
Property right – the right to specific tangible or intangible property
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Learners Rights and Responsibilities
Due Process Ensures fair treatment in an adversarial
situation Refer to P. 316-317 for details
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Learners Rights and Responsibilities
Basic Rights (Extended to Students) Freedom of expression Freedom of conscience Freedom from unreasonable search Freedom from harassment Right to privacy Special rights for learners with
disabilities
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Learners Rights and Responsibilities
Freedom of Expression 1st Amendment to U.S. Constitution It is NOT unrestricted to students Students can oppose school officials Students cannot freely express if
expression interferes with learning process of others
Offensive clothing, symbols Verbal infractions that disrupt the class Lewd & lascivious language Language or speech that incites fighting or
rioting
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Learners Rights and Responsibilities
Freedom of Expression Threats of shooting, bombing, etc. –
little sympathy from courts Censorship issues – administration can
legally control expression in cases that are controversial
Clothing that students wear Is choice of dress a protected liberty right? How do you feel about school uniforms?
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Learners Rights and Responsibilities
Freedom of Conscience Examples: teaching certain content,
participation in patriotic activities, free exercise of religion
Books and materials that do not have legitimate educational purpose – Satanism, witchcraft
Flag saluting Sex education courses – Human Growth
& Development
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Learners Rights and Responsibilities
Freedom from Unreasonable Search and Seizure 4th Amendment to the U.S. Constitution Schools must have reasonable suspicion
Less stringent than probable cause (law enforcement)
Schools have to be concerned with intrusiveness – strip searches
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Learners Rights and Responsibilities
Freedom from Unreasonable Search and Seizure Tests for the appropriateness of a
search: Target of a search Quality of information that has led to the
search Nature of place to be searched Nature of the search itself
Teachers: Always check with administration FIRST
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Learners Rights and Responsibilities
Freedom from Harassment School leaders must maintain a safe and
orderly environment Bullying, sexual harassment, etc. is an
emerging issue in schools Some school districts are issuing zero
tolerance policies for any type of harassment
LCSB Policy 5.33
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Learners Rights and Responsibilities
Right to Privacy Involving the misuse of records Family Educational Rights and Privacy
Act (1974) Parents and guardians have free access to
child’s records Students over age 18 have same right Strict guidelines governing release of
records to other agencies Teachers should choose words carefully
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Learners Rights and Responsibilities
Special Rights for Learners with Disabilities Prior to 1970s, students with special
needs were excluded from school or were placed in special classrooms
PL 94-142, 1975 IDEA, 1990 Several legal cases have led to the
protection of rights of learners with disabilities
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Teachers’ Rights and Responsibilities
Teacher Certification A valid teaching certificate validates a
teacher’s legal right to be hired as a teacher
Regulations regarding certification vary by state
Certification leads to a teaching contract Certification gives a “presumption of
competence” Contracts without a valid certificate are
not binding
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Teachers’ Rights and Responsibilities
Continuing Employment and Tenure Teaching has a high degree of job
security Annual contracts (yearly contracts) - AC Tenure policies
Professional Services Contracts – PSC Continuing Contracts – CC Tenure was created:
To protect teachers from losing jobs as a result of exchanging ideas with students that may not be popular (political views)
As an exchange for the low pay teachers receive
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Teachers’ Rights and Responsibilities
Continuing Employment and Tenure Opponents of tenure state that it
protects incompetent teachers Incompetent tenured teachers can be
terminated, but it takes time and sometimes money
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Teachers’ Rights and Responsibilities
General Teacher Rights Academic freedom
Teachers can speak freely about the subjects they teach
Teachers can experiment with new ideas Teachers can select materials to use Teachers can decide on teaching methods
However…Teachers are still governed
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Teachers’ Rights and Responsibilities
General Teacher Rights Freedom of Religion
What rights do you have in refusing to teach content that might conflict with your religious beliefs?
Do you have to pledge to the flag if doing so is contrary to your religious beliefs?
Do you have the right to wear distinctive religious clothing when you teach?
Can you be absent from school to observe religious holidays?
What restrictions can be imposed on you that limit what you can say to learners about your religious convictions?
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Teachers’ Rights and Responsibilities
Lifestyle and Conduct Outside School Teachers’ sexual orientation Live-in arrangements with unmarried
partners Criminal conduct
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Teachers’ Rights and Responsibilities
Legal Obligations Reporting child abuse
Teachers are mandated reporters Negligence
Teachers have a responsibility to act as a professional
Misfeasance – acting unwisely or without taking proper safeguards
Nonfeasance – failing to act when duty calls Malfeasance – actions that are taken to
deliberately and knowingly harm someone