1. Teachers’ and Students’ Rights and Responsibilities
Chapter 10

2. Teachers’ Rights
Licensing and Certification…a State responsibility, but in the midst of change because of NCLB: e.g. teacher license in K-5, and “highly qualified” in every subject area in 6-8
NBPTS establishing uniform standards for high professional teacher competence, three step process: initial licensure, Teacher’s certificate, Advanced Teacher’s certificate

3. Contracts
Early contracts were oral and then written lists of duties and obligations for both in-school and out-of-school behavior
After WWII, teachers became more politically active and NEA and AFT began to represent teachers in contract negotiations in greater numbers
Exclusive right of the School Board to negotiate contracts
Binding agreements

4. Tenure The equivalent of civil service for teachers
In the 1800s the spoils system led to many unqualified people being hired by government officials. In 1883, the first civil service act was passed, setting the terms for hiring and continued employment of government officials
Protects good teachers from arbitrary and unwarranted release, especially during a time of teacher surplus
Due process: embodied in 14th amendment, requires written notice of the charges and the right to an administrative hearing

5. Fitness of a Teacher Most often called in question: Incompetence
Immorality
Insubordination
Neglect of duty and unprofessional conduct
Burden of proof is on administrators

6. Academic Freedom
The right to pursue an argument, idea, or discussion wherever it may lead (goes back to Plato)
More often associated with higher education than P-12 schools
Society tries to have control over P-12 aged students, and also the teachers of these students

7. Academic Freedom
Courts generally support teachers’ freedom (within limits) of curricular materials and methodologies, but school boards have the final responsibility over curricular decisions
Multicultural education may be challenged in some school districts

8. Tort Liability
The liability against a teacher is called a tort… a tort is a civil wrong
In loco parentis…legal right to stand in for a parent in working with minors…so lots of responsibilities to ensure student safety
Negligence Tort…students are not protected from harm
Intentional Tort…full knowledge and intention to harm a person

9. Teacher Equity Responsibility
Racial integration
Gender equity
Elimination of sexual harassment
Language equity
Disability equity

10. Students’ Rights
Many students’ rights gained during the 1960s as a part of the Civil Rights Movements
The right to attend school, freedom from arbitrary suspension
Freedom of speech and distribution of literature…not coextensive with adults’ rights
Dress and grooming

11. Students’ Rights Pregnancy and marriage
Unreasonable search and seizure
Student records…FERPA, Family Educational Rights and Privacy Act
Religious rights…establishment clause and free exercise clause