Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.

Copyright © Allyn & Bacon 2007 Key Concepts Chapter 1-Teachers and the Legal System Part I Legal Aspects of Teaching Key Concepts Chapter 1 – Teachers and the Legal System Part II Teachers’ and Students’ Rights

Copyright © Allyn & Bacon 2007 In what ways can educators access the legal system to understand the laws applicable to their school problem? Chapter 1 Teachers and the Legal System Essential Question

Text Principles Broad Legal Generalizations 1.The legal control of public education resides with the state as one of its sovereign powers. 2.All school policies and practices that impinge upon protected personal freedoms must be substantiated as necessary to advance the educational mission of the school. 3.Student policies and practices must not disadvantage selected employees or students. 4.Procedural due process is required before students or teachers may be deprived of protected liberty or property rights. 5.Educators are expected to follow the law, to act reasonably, and to anticipate potentially adverse consequences of their actions. 6.Reasonable policies and practices based on legitimate educational objectives have been consistently sanctioned by the courts. Copyright © Allyn & Bacon 2007

Understand and Implement In Loco Parentis Due Process Differentiation Reasonable Suspicion vs. probable cause Reasonability Standard Clear and Published Sources Copyright © Allyn & Bacon 2007 GUIDING PRINCIPLES

Preface 1. “Americans are a litigious people.” 2. This book is about teachers and the law that affects them.” 3. “Our purpose in writing this book is not to encourage teachers to litigate.” 4. “Too many teachers view the law with anxiety and fear, as a trap to ensnare any educator….” 5. “… the purpose of this book is to empower teachers to take the law constructively into their own hands, in order to be able to use law as a source of guidance and protection….” Preface, pp. xi-xii Copyright © Allyn & Bacon 2007

ESTABLISHED PROCEDURES BASED UPON GUIDING PRINCIPLES -Search for drugs and weapons -Locker search -Drug testing of athletes -Drug dogs -Out-of-school conduct can result in in-school consequences Copyright © Allyn & Bacon 2007

Case Presentation Settlegoode Settlegoode v. v. Portland Public Schools

Copyright © Allyn & Bacon 2007 Key Concepts Chapter 1-Teachers and the Legal System Three Main Laws (2) Sue in Federal and State Courts (2-3) Legal Assistance (3-4) Jurisdiction BOE/Federal Courts Legal Assistance Lawyer Other options: Bargaining Representative (union) EEOC Statutory law Constitutional Law Common Law Key Concepts Chapter 1-Teachers and the Legal System

Complaint (4)1 st main paper filed. Includes a statement of harm done and a request for specific help from the court. Plaintiff (4)one who initiates a lawsuit Defendant (4)person sued Answer (4)admits to or denies the allegation and sets forth the defendant’s view Motion to dismiss (4)argument that even if the facts in the allegation are true, they do not state a valid basis for a lawsuit. Cause of Action (4)facts sufficient to allow a valid lawsuit to proceed Discovery (4)process whereby each side finds out information about the other side’s case Copyright © Allyn & Bacon 2007 KEY WORDS Chapter 1-Teachers and the Legal System pp. 4-12

Interrogatories (4) written questions answered under oath Depositions (4) sworn testimony taken of the parties and witnesses Writ of certiorari (5) request for review of a lower court decision (can be refused) ADR a. mediation (7) b. arbitration (7) Alternative Dispute Resolution (options) process in which adversaries sit with a neutral 3 rd party to negotiate and agreement that all find acceptable. more formal hearing – all present witnesses, arbitrator rules. En banc (12) in the bench – full panel of judges sit to hear a case. Legal Research Tools (8-12) Online options a. b.LEXIS c.WESTLAW d.Infotrac Copyright © Allyn & Bacon 2007 KEY WORDS Chapter 1-Teachers and the Legal System

Copyright © Allyn & Bacon 2007 Analysis of Settlegoode v. Portland Public Schools Analysis of Settlegoode v. Portland Public Schools

Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Copyright © Allyn & Bacon 2007 Chapter 1 Teachers and the Legal System Reflection To what extent have you as an educator become more informed about the procedures of the legal system and how to access information as well as understand procedures to protect the rights of others?