1. Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

2. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-2 Chapter 14 How Free Is My Personal Life?

3. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-3 Key Concepts “Immoral” and “Unprofession al” Conduct Criminal Conduct Lifestyle Age, Citizenship, and Disability

4. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-4 Essential Question How do teachers’ personal lives affect their ability to teach?

5. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-5 KEY TERMS Immoral Conduct Unprofessional conduct Nexus ADEA Prime Facia Case

6. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-6 How Free Is My Personal Life? HISTORICAL PERSPECTIVE I promise to abstain from all dancing, immodest dressing and any other conduct unbecoming a teacher and a lady. I promise not to go out with any young men except in so far as it may be necessary to stimulate Sunday school work. I promise not to fall in love, to become engaged or secretly married. I promise to sleep at least eight hours a night [and] to eat carefully... in order that I may be better able to render efficient service to my pupils (Minehan, 1927)

7. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-7 Case Presentation Morrison v. State Board of Education

8. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-8 Morrison Case 1996 Immoral conduct “... this court has serious doubts as to whether these terms currently provide fair warning as to the proscribed conduct...there are simply too many good faith moral debates in our diverse multicultural society at this time to allow totally subjective judgments about the meaning of the term ‘immoral conduct’ to control the livelihood of our educators.” (Alford v. Ingram)

9. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-9 Statutory Ways to Limit Ambiguity “State laws can define and limit the concept. In Wisconsin, an administrative code states that a teacher’s license may be revoked for immoral conduct” if there is a nexus between the immoral conduct and the health, welfare, safety or education of any pupil... “

10. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-10 Statutory Ways to Limit Ambiguity State laws can define and limit the concept of “Immorality.” Discrimination against homosexuals has been ruled as discrimination in several federal courts. Teachers may be dismissed if their homosexual behavior is criminal and public.

11. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-11 Courts Rulings Teachers may be dismissed for: Immoral or unprofessional conduct involving students: sexual advances sexual activity with student for talking to their students about sex becoming overly involved with a student (even though there is no sexual impropriety in the relationship) using profanity and abusive language towards students Criminal conduct

12. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-12 The Right to Privacy might protect some of the teachers’ personal lives. A teacher cannot be prohibited from breastfeeding her child in school. Depending on the circumstances, an unmarried teacher cannot be dismissed for living with someone of the opposite sex. A teacher may not be fired for using vulgar or obscene language with colleagues off campus. Lifestyle

13. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-13 The Age Discrimination in Employment Act (ADEA) eliminates mandatory teacher retirement. Kimel v. Florida Board of Regents U. S. Supreme Court prohibits individuals from suing the state under the ADEA; however, the citizens are still protected by state age discrimination statues and may recover money damages from their state employers. Age, Citizenship, and Disability

14. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-14 Three Step Process 1.Proving age discrimination, a teacher must establish the following: within the protected age group replaced by a younger worker performed their work satisfactorily 2. The school must produce evidence of a non- discriminatory reason for its actions. 3. The teacher must show the school’s reasons are not true.

15. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-15 Rights of Teachers Teachers may not be demoted because of approaching retirement. School’s budget problems does not justify hiring only younger teachers. Teachers may not be fired because of obesity. Teachers may not be barred from teaching because of AIDS. Teachers can be denied certification because they are not citizens. Teachers may be required to reside in their school district. Teachers may not be denied jobs because they are disabled or have extensive absences (unless this impairs teaching).

16. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-16 Case Analysis Kimel v. Florida Board of Regents

17. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-17 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 InterrogatoriesDepositions Document Requests Settlement Conference

18. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 14-18 Reflection In what ways would administrators address this premise: “Most courts recognize that teachers should not be penalized for their private behavior unless it has a clear impact on their effectiveness as educators?”