Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved. 1 Chapter 9 School Law: Ethical and Legal Influences on Teaching

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.2 Limitations of Laws as Guidelines for Teachers  Laws are purposely general and vague so they can apply to a variety of specific situations.  Laws were created in response to problems that arose or existed in the past.  Laws specify teachers’ rights and responsibilities; they don’t address what teachers should do.  Professional ethics provide a set of moral standards for the teacher.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.3 U.S. Legal Influences on Education  Federal Constitutional Amendments (First, Fourth, and Fourteenth) Constitutional Amendments (First, Fourth, and Fourteenth) Laws Laws  State laws regulate Teacher qualifications Teacher qualifications Working conditions Working conditions Teachers’ legal rights Teachers’ legal rights  School districts responsible for day-to-day governance of schools

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.4 Teacher Employment and the Law  Licensure requirements specify minimal levels of teacher qualifications.  Teaching contracts are legal agreements between a teacher and a local school board.  Collective bargaining occurs when a local chapter of a professional organization negotiates with a school district over the rights of teachers and conditions of employment.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.5 Teacher Employment and the Law (continued)  Tenure is a legal safeguard to prevent teacher dismissal without cause.  Reduction in force due to declining enrollment can result in both tenured and nontenured teachers being released.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.6 Academic Freedom  Right of teachers to choose both content and teaching methods based on their professional judgment  Protected by First Amendment to the Constitution

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.7 Academic Freedom (continued)  Influenced by several factors Teacher’s goal Teacher’s goal Specific class involved Specific class involved Students Students General acceptance of the practice in question General acceptance of the practice in question Existence of policies related to the issue Existence of policies related to the issue

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.8 Copyright Laws  Federal laws designed to protect the intellectual property of authors  Apply to Printed matter Printed matter Videos Videos Computer software Computer software  Fair-use guidelines specify limitations in the use of copyrighted materials for educational purposes.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.9 Teacher Liability  Teachers are legally responsible for the safety of children under their supervision.  In loco parentis requires teachers to use the same judgment and care as parents in protecting their students.  Negligence results from a failure to exercise sufficient care in protecting students from injury.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.10 Child Abuse  All 50 states and the District of Columbia have laws requiring teachers to report suspect child abuse.  These same laws protect teachers who “act in good faith” and “without malice.”

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.11 Teachers’ Private Lives  Teachers are held to a higher standard of conduct than ordinary citizens.  Moral standards are not absolute, varying within specific communities.  When teachers break the law, the notoriety, or the extent to which a teacher’s behavior becomes known or controversial, can determine teacher dismissal.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.12 Teacher Tenure  Designed to protect teachers from political or personal abuses and ensure the stability of the teaching force  Controversial because critics say it protects incompetent teachers  Administrators and teachers differ on the need for tenure

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.13 Religion and the Law  First Amendment to the Constitution provides for the separation of church and state but does NOT prohibit individuals from practicing religion.  Students can pray in schools, but neither school officials nor teachers can lead or sanction organized prayer in schools.  Religious clubs and organizations can meet on public school grounds.  Teachers can teach about religion but not advocate for religion.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.14 Student Freedom of Speech  Protected by the First Amendment to the Constitution  Cannot interfere with school learning or the school mission  May apply to student newspapers, but this freedom could be limited for “legitimate pedagogical concerns.”

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.15 Permissible Search and Seizure  Fourth Amendment to the Constitution protects citizens against unlawful searches and seizures.  School searches are permissible if they target a specific problem such as drugs or potential violence.  Nonintrusive student searches, such as metal detectors, have been found legal by the courts; strip searches, however, have been found unconstitutional.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.16 Student Records and Privacy  FERPA, The Family Educational Rights and Privacy Act, also called the Buckley Amendment, requires schools to Inform parents of their rights regarding their child’s records Inform parents of their rights regarding their child’s records Provide parents access to their child’s records Provide parents access to their child’s records Maintain procedures that allow parents to challenge and possibly amend information that they believe is inaccurate Maintain procedures that allow parents to challenge and possibly amend information that they believe is inaccurate Protect parents from disclosure of confidential information to third parties without their consent Protect parents from disclosure of confidential information to third parties without their consent

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.17 Student Records and Privacy (continued)  This amendment excludes teachers’ private notes, grade books, correspondence with administrators, and letters of recommendation in which students waive access.  Teachers may ask other students to grade homework or classroom work if it is part of classroom instruction.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.18 Corporal Punishment  Is NOT prohibited by the Constitution  Is prohibited in 28 states and the District of Columbia  Is advised against by most educational psychologists and educational experts because of its negative effects on students

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.19 Students’ Rights in Disciplinary Actions  Students have a right to an education; in expulsions that last longer than 10 days, the following due process must be met: A written notice specifying charges and the time and place of a fair, impartial hearing A written notice specifying charges and the time and place of a fair, impartial hearing A description of the procedures to be used, including the nature of evidence and names of witnesses A description of the procedures to be used, including the nature of evidence and names of witnesses The right of students to legal counsel and to cross- examine and present their own evidence The right of students to legal counsel and to cross- examine and present their own evidence A written or taped record of the proceedings as well as the findings and recommendations A written or taped record of the proceedings as well as the findings and recommendations The right of appeal The right of appeal

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.20 Students’ Rights in Disciplinary Actions (continued)  Suspensions of students with exceptionalities must take into account whether the behavior was linked to the exceptionality.

Kauchak and Eggen, Introduction to Teaching: Becoming a Professional, 3rd Ed. © 2008 Pearson Education, Inc. All rights reserved.21 Affirmative Action  Affirmative action policies are designed to overcome past racial, ethnic, gender, or disability discrimination.  Affirmative actions to correct past discriminatory hiring practices of teachers have been upheld by courts.  Affirmative action can also involve districts’ efforts to achieve racially balanced schools.