Presentation is loading. Please wait.

Presentation is loading. Please wait.

Educational Law: Past & Present Preparing our Next School Leaders.

Similar presentations


Presentation on theme: "Educational Law: Past & Present Preparing our Next School Leaders."— Presentation transcript:

1 Educational Law: Past & Present Preparing our Next School Leaders

2 Dr. Michael J. Vetere, Jr Associate Professor Edinboro University of PA Dr. Timothy W. Gilson Assistant Professor University of Northern Iowa

3 Purpose Understand what teacher candidates need to know before they enter the classroom Understand what teacher candidates need to know before they enter the classroom Understand what teachers need to know as they begin their teaching careers Understand what teachers need to know as they begin their teaching careers Determine where to find laws that affect educators, schools, and students Determine where to find laws that affect educators, schools, and students

4 General Rules for Educators to Remember Act in Good Faith Act in Good Faith Follow school policy Follow school policy Document everything Document everything Ask when you do not know Ask when you do not know Understand that the law changes Understand that the law changes Understand that policy’s change Understand that policy’s change

5 Control of Public Schools Function of the State (Federal government has an interest through enactment of statutes ) Function of the State (Federal government has an interest through enactment of statutes ) State Department of Education State Department of Education Local Control of Public Schools Local Control of Public Schools

6 A Few Points to Remember Understand the rights and responsibilities associated with your position Understand the rights and responsibilities associated with your position Understand the governance of your school district Understand the governance of your school district Understand the behavior that is expected of teachers Understand the behavior that is expected of teachers Pay attention to sound advice from respected educators Pay attention to sound advice from respected educators

7 Professional Rights and Responsibilities Teachers maintain their personal rights Teachers maintain their personal rights A compelling reason must be established to restrict freedoms - NEXUS A compelling reason must be established to restrict freedoms - NEXUS Courts tend to balance public interest of the school against the rights of the individual Courts tend to balance public interest of the school against the rights of the individual Teachers are subject to reasonable restraints but only if a legitimate, defensible rationale is established Teachers are subject to reasonable restraints but only if a legitimate, defensible rationale is established

8 A Few Points to Remember Teachers do not lose their constitutional rights Teachers do not lose their constitutional rights Teachers need to avoid personal attacks and slanderous statements when exercising rights and expression Teachers need to avoid personal attacks and slanderous statements when exercising rights and expression Do not knowingly make false statement Do not knowingly make false statement School officials cannot discriminate against teachers for exercising their First Amendment rights School officials cannot discriminate against teachers for exercising their First Amendment rights

9 Teacher Responsibilities continued Religious rights of teachers need to be respected Religious rights of teachers need to be respected Do not need to participate in non- academic activities Do not need to participate in non- academic activities Remember - one person’s rights cannot infringe upon another individual Remember - one person’s rights cannot infringe upon another individual

10 Teacher Responsibilities continued Do not assume that you as a teacher have the right to determine the content of school’s instructional program. This is not academic freedom Do not assume that you as a teacher have the right to determine the content of school’s instructional program. This is not academic freedom Do not ignore the culture and mores of the community Do not ignore the culture and mores of the community Do not participate in any illegal activity Do not participate in any illegal activity

11 Tenure and Non Tenure Rights Entitled to basic principles of fairness Entitled to basic principles of fairness Tenure will not protect inept or ineffective teachers – “just cause” issues Tenure will not protect inept or ineffective teachers – “just cause” issues Tenured teachers may be legally dismissed only for specific reasons that are based upon objective and documented evidence Tenured teachers may be legally dismissed only for specific reasons that are based upon objective and documented evidence Due Process must be followed Due Process must be followed Nonrenewal of non tenured professional does not generally require due process or reasons. No recourse past local Board! Nonrenewal of non tenured professional does not generally require due process or reasons. No recourse past local Board!

12 Certification Understand the legal responsibilities of your state for certification maintenance Understand the legal responsibilities of your state for certification maintenance Understand the renewal process for your certification Understand the renewal process for your certification Understand what your certification permits you to do in your state Understand what your certification permits you to do in your state Understand what you need to do if you change states to maintain your certification Understand what you need to do if you change states to maintain your certification

13 Students and the Law and the Educator Students and Freedom of Expression Students and Freedom of Expression Students maintain their First Amendment rights – “not shed at the schoolhouse door” Students maintain their First Amendment rights – “not shed at the schoolhouse door” Cannot be disruptive to educational process Cannot be disruptive to educational process Vulgarity may be prohibited on dress or messages Vulgarity may be prohibited on dress or messages The decision to ban a particular form of expression must be more than just desire to avoid discomfort or unpopular The decision to ban a particular form of expression must be more than just desire to avoid discomfort or unpopular

14 Student Expression Cannot deprive other students of their rights Cannot deprive other students of their rights Cannot obstruct hallways or free movement Cannot obstruct hallways or free movement Cannot illustrate disrespect for authority, destruction of property, violation of school rules Cannot illustrate disrespect for authority, destruction of property, violation of school rules Distribution of material may be regulated by school officials – time, place, manner Distribution of material may be regulated by school officials – time, place, manner Unsubstantiated fear may not be sufficient to stop demonstration Unsubstantiated fear may not be sufficient to stop demonstration

15 Student Expression Students need to be involved in creating publication policies Students need to be involved in creating publication policies High standards of responsible journalism High standards of responsible journalism Is the newspaper a limited open forum or curriculum based? Is the newspaper a limited open forum or curriculum based?

16 Censorship If prior restriction is issued, than there needs to be a demonstrated and compelling justification and could cause a substantial disruption If prior restriction is issued, than there needs to be a demonstrated and compelling justification and could cause a substantial disruption Should be established prior to newspaper publication and established in policy Should be established prior to newspaper publication and established in policy Discipline, if issued, must be created in policy and not arbitrary. Students maintain their due process rights Discipline, if issued, must be created in policy and not arbitrary. Students maintain their due process rights

17 Bullying Most common form of violence in U.S. schools* Most common form of violence in U.S. schools* Often a factor in school related deaths* Often a factor in school related deaths* 25% of teachers see nothing wrong with bullying or “put downs” by students * 25% of teachers see nothing wrong with bullying or “put downs” by students * *National Association of School Psychologists

18 What Teachers Need To Do Recognize the signs Recognize the signs Watch for the “power seekers” Watch for the “power seekers” Watch for exclusions Watch for exclusions Watch for signs of violence Watch for signs of violence Take action to stop the activity including removal of bully from the classroom or school environment (school activity) Take action to stop the activity including removal of bully from the classroom or school environment (school activity) Notify appropriate school officials Notify appropriate school officials

19 Cyberbullying The Megan Meier Cyber bullying Prevention Act Intended to impose criminal penalties on anyone who transmits in interstate a communication intended to coerce, intimidate, harass, or cause substantial emotional distress to another person using electronic means to support severe, repeated and hostile behavior. Intended to impose criminal penalties on anyone who transmits in interstate a communication intended to coerce, intimidate, harass, or cause substantial emotional distress to another person using electronic means to support severe, repeated and hostile behavior.

20 Facebook and off campus, online speech Third circuit court in Pennsylvania rulings Third circuit court in Pennsylvania rulings February, 2010 February, judge panels 3 judge panels Similar cases; different rulings Similar cases; different rulings Full Circuit Court reheard cases in June Full Circuit Court reheard cases in June New decision was expected by end of 2011 New decision was expected by end of 2011

21 Search and Seizure Students maintain the freedom of unreasonable search Students maintain the freedom of unreasonable search Factors to consider before a search: Factors to consider before a search: Age of student Age of student Record of behavior Record of behavior Gravity of problem Gravity of problem Need for immediate search Need for immediate search

22 Search and Seizure continued Reasonable suspicion. Do not include law enforcement at this point. Law enforcement needs probable cause Reasonable suspicion. Do not include law enforcement at this point. Law enforcement needs probable cause Although many cases may be handled by school behavior policy, evidence could be turned over to law agencies Although many cases may be handled by school behavior policy, evidence could be turned over to law agencies Personal searches should be avoided except for when imminent danger exists Personal searches should be avoided except for when imminent danger exists Conduct the search in a private setting in a non demoralizing environment Conduct the search in a private setting in a non demoralizing environment Mass searches are illegal Mass searches are illegal KNOW YOUR STATE CODE, i.e. strip searches KNOW YOUR STATE CODE, i.e. strip searches

23 Technology Pagers and Cellular Phones Pagers and Cellular Phones Use should not be banned unless sufficient evidence of disruption or improper use Use should not be banned unless sufficient evidence of disruption or improper use Guidelines need to be developed governing use of devices Guidelines need to be developed governing use of devices If not permitted, exceptional cases should be allowed for emergencies If not permitted, exceptional cases should be allowed for emergencies Policies must be guided by fairness and considerations of individual student needs Policies must be guided by fairness and considerations of individual student needs Do phones fit under search & seizure policies? Do phones fit under search & seizure policies?

24 Technology continued Know your school district’s technology usage policy. Know your school district’s technology usage policy. Teachers may use for teaching purposes Teachers may use for teaching purposes Know your internet use policy Know your internet use policy Due Process needs to be enforced in internet cases Due Process needs to be enforced in internet cases Teachers must follow same rules for proper use of technology in the schools Teachers must follow same rules for proper use of technology in the schools

25 Technology continued Know discipline procedure for misuse of technology Know discipline procedure for misuse of technology Know that misuse of technology by faculty may result in dismissal Know that misuse of technology by faculty may result in dismissal Report any misuse of technology immediately Report any misuse of technology immediately “If it’s written/typed, it will likely be admissible in court” “If it’s written/typed, it will likely be admissible in court”

26 Maintaining Classroom Control Do not leave your class unattended Do not leave your class unattended Remember: If you were there, could you have prevented the incident from occurring? Remember: If you were there, could you have prevented the incident from occurring? React to restrain if needed, but only to stop disturbance. Do not use excessive force in any situation React to restrain if needed, but only to stop disturbance. Do not use excessive force in any situation Protection of other students first Protection of other students first

27 Copyright Issues Fair Use Doctrine Fair Use Doctrine Reduces limitations for purposes of education Reduces limitations for purposes of education Brevity, spontaneity, cumulative effect Brevity, spontaneity, cumulative effect

28 Due Process Students have a right to be heard. However, that hearing is dependent upon length of discipline to be enforced Students have a right to be heard. However, that hearing is dependent upon length of discipline to be enforced Students have a right to representation by parents or others Students have a right to representation by parents or others Discipline must be appropriate to incident Discipline must be appropriate to incident Have proof to take appropriate action. Do not be arbitrary Have proof to take appropriate action. Do not be arbitrary Teachers also have due process rights and need to be aware of what they are Teachers also have due process rights and need to be aware of what they are

29 Understanding FERPA Know what you can and cannot release to others Know what you can and cannot release to others Directory information is: Directory information is: Name, address, phone, date and place of birth, extra curricular activities, weight, height, membership on athletic teams, dates of attendance, diploma and awards Name, address, phone, date and place of birth, extra curricular activities, weight, height, membership on athletic teams, dates of attendance, diploma and awards Parents may request that information not be released Parents may request that information not be released

30 Student records In cases of non-custodial parents, barring a court order, information must be shared with both parents involved In cases of non-custodial parents, barring a court order, information must be shared with both parents involved Release of student education records Release of student education records P/T Conference issues, i.e. step-parents, etc. P/T Conference issues, i.e. step-parents, etc.

31 NCLB Make sure you as an instructional leader understand the elements of this legislation Make sure you as an instructional leader understand the elements of this legislation How does it affect your classroom? How does it affect your classroom? What you are responsible to do? What you are responsible to do? What can happen if your students do not succeed? What can happen if your students do not succeed?

32 Special Education Understand inclusion Understand inclusion Understand how different students learn Understand how different students learn Lease restrictive environment Lease restrictive environment Involvement of parents Involvement of parents Involvement of the classroom teacher Involvement of the classroom teacher


Download ppt "Educational Law: Past & Present Preparing our Next School Leaders."

Similar presentations


Ads by Google