Legal Issues in Education

Academic Freedom As part of a lesson on freedom of speech, a teacher lights on a flag on fire in her 7th grade classroom. After complaints from parents, the principal suspends her with pay and recommends to the school board that she be terminated. Has the teacher’s right to academic freedom been violated?

Academic Freedom, cont’d Criteria/consideration outlined by the courts… Teacher’s goal in discussing the topic or using a particular method Relevance of material to course Quality or general acceptance of questioned materials or methods Existence of policies related to the issue Age of students When deciding in your own classroom consider… Does this fall within the scope of the curriculum? Does this have clear academic goals that can defended? Is this the best way to teach this topic?

Employment Rights As a first year teacher, you have received two satisfactory evaluations. In late February, your principal calls you into his office and informs you that the school is letting you go. When you ask why, he states that he does not have to give you a reason and offers to write you a letter of recommendation. Later, you find out that the superintendent’s daughter has been hired for your position next year. You go to your Union representative and ask about filing a grievance. What will he tell you?

Employment Rights, cont’d… Before receiving tenure, teachers are on yearly contracts First year teachers can be dismissed without reason Each year, a teacher gains a few more rights Once tenured (4 years in Illinois), a teacher can only be dismissed through due process or because of RIFs (Reduction in Force) Teachers are usually members of unions Collective bargaining Fair share dues Grievances

Teachers’ Private Lives You get an e-mail from your principal asking you to come to her office during your conference period. When you arrive, she informs you that some parents have called with concerns that your name appeared in the local paper as having gotten a DUI over the weekend and that she is considering putting a letter regarding the incident in your personnel file. Does she have the right to do this?

Teachers’ Private Lives, cont’d… Many teachers’ contracts contain a morality clause You need to know the community in which you live and teach Taboo behaviors… Sexual relationships with students or superiors Drug offenses Excessive drinking Felonies Theft DUI/DWI

Liability Your emotional/behavioral disorders (EBD) class is in the gymnasium for a game of basketball. A student office worker comes in to the gym and says you have a phone call in the office. Although there are no adults in the area, the students seem to be involved in their game so you believe it is safe to leave. You ask the office worker to watch your class while you get your call. You go to the office and take the call. While on the phone the student worker runs into the office shouting there has been a fight in the gym. You run to the gym and find one of your students lying on the ground, unconscious and bleeding. What is your liability?

Liability, cont’d… In loco parentis: teachers must use the same judgment and care in the supervision of children that parents do Negligence: failure to properly protect students under one’s supervision Legal considerations: Make a reasonable attempt to anticipate dangerous conditions Take proper precautions and establish rules/procedures to prevent injuries Warn students of possibly dangerous situations Provide proper supervision Professional organizations provide liability insurance for teachers

Child Abuse One of your 9th graders, who has often come to school with bruises on his arms and legs, finally confided in you that he's had "serious arguments" with his father. The parents are separated, and Jimmy lives with his mother now, but he still sees his father occasionally. The other day, you noticed that Jimmy had fresh bruises on his face. He was very restless and ultimately left the building without permission. Is it your duty to tell someone?

Child Abuse, cont’d… Teachers are considered “mandated reporters” which means they must report any suspected cases of abuse Teachers are protected from legal action if they act in “good faith” and “without malice”

Religion in Schools A group of Muslim students at your school have asked permission to pray on campus as part of their religious practices. Can you legally allow them to do so? A group of Christian students would like to start an Fellowship of Christian Athletes group at your school. Can you legally allow them to do so? Your local school board wants to mandate the teaching of intelligent design as well as evolution. Can they legally do so? A literature teacher in your school wants to use passages from the Bible as examples of different kinds of literary works. Can she legally do so?

Religion in Schools, cont’d …. Students can legally pray in school but school officials and teachers can not lead or sanction organized prayer at school events (violation of 1st Amendment “Establishment Clause”) Religious, philosophical and political groups must be allowed to use school facilities the same as extracurricular groups (U.S. Supreme Court) Schools can use religiously controversial materials if they are useful in achieving important educational goals but can not mandate the teaching of religious materials

Religion in Schools, cont’d… Guidelines from U.S. Department of Education teachers and administrators in public schools should not advocate any religion public schools should not interfere with or intrude on a student’s religious beliefs public schools may teach about the history of religion, comparative religions, the Bible as literature, and the role of religion in the history of the U.S. and other countries.

Students’ Freedom of Speech In protest of a new administrative policy, students at your school have staged a “sit in” in the cafeteria during 3rd hour. The principal informs that students that they must either go to class or be suspended. Is he violating their rights to freedom of speech?

Students’ Freedom of Speech, cont’d… students’ freedom of expression should not be curtailed if it isn’t disruptive and doesn’t interfere with the education mission of the schools (US Supreme Court) school may censure lewd, indecent, or offensive speech (US Supreme Court) school newspapers may be censured for legitimate pedagogical concerns (US Supreme Court) students’ attire may be censured by the school if it is hurtful to other students or represent illegal activities (US Supreme Court)

Students & Privacy An announcement comes on over the loudspeaker asking teachers to keep all students in class, even if the bell rings. As the periods goes on, you hear dogs out in the hallway and realize that they are searching lockers for drugs and drug paraphernalia. Later, an administrator comes to your class and removes one of your students. In addition to searching her locker, they also go through her book bag. Have they violated her right to privacy?

Students & Privacy, cont’d… schools must have probably cause to search; reasonable suspicion that the student being searched deserves the treatment (US Supreme Court) metal detectors okay (not invasive); strip searches are illegal (US Supreme Court) school lockers may be searched as they are considered property of the school voluntary drug testing okay; school-wide drug testing not illegal (US Supreme Court)

Student Records FERPA inform parents of their rights regarding their child’s records provide parents with their child’s records 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 excludes teacher’s private notes, grade books, or correspondence with administrators student homework or classroom work are not considered education records

Students & Discipline Student Rights and Disciplinary Actions: courts dictate that students can only be denied access to their right to an education if due process is followed suspension cannot last longer than 10 days without a hearing expulsion requires a hearing in front of the school board Disciplinary Actions & Students with Exceptionalities: - IDEA (1997 & 2004): school officials can remove a student with disabilities to an interim alternative education setting for up to 45 days, even if the offense was related to their disability