educational law: past & present preparing our next school leaders

Educational Law: Past & Present

Preparing our Next School Leaders

Dr. Michael J. Vetere, JrAssociate Professor

Edinboro University of PAmvetere@edinboro.edu

www.edinboro.edu

Dr. Timothy W. GilsonAssistant Professor

University of Northern Iowatim.gilson@uni.eduwww.uni.edu/coe

Purpose

Understand what teacher candidates need to know before they enter the classroom

Understand what teachers need to know as they begin their teaching careers

Determine where to find laws that affect educators, schools, and students

General Rules for Educators to Remember

Act in Good Faith Follow school policy Document everything Ask when you do not know Understand that the law changes Understand that policy’s change

Control of Public Schools

Function of the State (Federal government has an interest through enactment of statutes )

State Department of Education Local Control of Public Schools

A Few Points to Remember

Understand the rights and responsibilities associated with your position

Understand the governance of your school district

Understand the behavior that is expected of teachers

Pay attention to sound advice from respected educators

Professional Rights and Responsibilities

Teachers maintain their personal rights

A compelling reason must be established to restrict freedoms - NEXUS

Courts tend to balance public interest of the school against the rights of the individual

Teachers are subject to reasonable restraints but only if a legitimate, defensible rationale is established

A Few Points to Remember

Teachers do not lose their constitutional rights

Teachers need to avoid personal attacks and slanderous statements when exercising rights and expression

Do not knowingly make false statement

School officials cannot discriminate against teachers for exercising their First Amendment rights

Teacher Responsibilities continued

Religious rights of teachers need to be respected

Do not need to participate in non-academic activities

Remember - one person’s rights cannot infringe upon another individual

Teacher Responsibilities continued

Do not assume that you as a teacher have the right to determine the content of school’s instructional program. This is not academic freedom

Do not ignore the culture and mores of the community

Do not participate in any illegal activity

Tenure and Non Tenure Rights

Entitled to basic principles of fairness Tenure will not protect inept or ineffective

teachers – “just cause” issues Tenured teachers may be legally

dismissed only for specific reasons that are based upon objective and documented evidence

Due Process must be followed Nonrenewal of non tenured professional

does not generally require due process or reasons. No recourse past local Board!

Certification

Understand the legal responsibilities of your state for certification maintenance

Understand the renewal process for your certification

Understand what your certification permits you to do in your state

Understand what you need to do if you change states to maintain your certification

Students and the Law and the Educator

Students and Freedom of Expression Students maintain their First

Amendment rights – “not shed at the schoolhouse door”

Cannot be disruptive to educational process

Vulgarity may be prohibited on dress or messages

The decision to ban a particular form of expression must be more than just desire to avoid discomfort or unpopular

Student Expression

Cannot deprive other students of their rights

Cannot obstruct hallways or free movement

Cannot illustrate disrespect for authority, destruction of property, violation of school rules

Distribution of material may be regulated by school officials – time, place, manner

Unsubstantiated fear may not be sufficient to stop demonstration

Student Expression

Students need to be involved in creating publication policies

High standards of responsible journalism

Is the newspaper a limited open forum or curriculum based?

Censorship

If prior restriction is issued, than there needs to be a demonstrated and compelling justification and could cause a substantial disruption

Should be established prior to newspaper publication and established in policy

Discipline, if issued, must be created in policy and not arbitrary. Students maintain their due process rights

Bullying

Most common form of violence in U.S. schools*

Often a factor in school related deaths*

25% of teachers see nothing wrong with bullying or “put downs” by students *

*National Association of School Psychologists

What Teachers Need To Do

Recognize the signs Watch for the “power seekers” Watch for exclusions Watch for signs of violence Take action to stop the activity

including removal of bully from the classroom or school environment (school activity)

Notify appropriate school officials

Cyberbullying

The Megan Meier Cyber bullying Prevention Act

Intended to impose criminal penalties on anyone who transmits in interstate a communication intended to coerce, intimidate, harass, or cause substantial emotional distress to another person using electronic means to support severe, repeated and hostile behavior.

Facebook and off campus, online speech

Third circuit court in Pennsylvania rulings February, 2010 3 judge panels

Similar cases; different rulings Full Circuit Court reheard cases in

June New decision was expected by end of

2011

Search and Seizure

Students maintain the freedom of unreasonable search

Factors to consider before a search: Age of student Record of behavior Gravity of problem Need for immediate search

Search and Seizure continued Reasonable suspicion. Do not include law

enforcement at this point. Law enforcement needs probable cause

Although many cases may be handled by school behavior policy, evidence could be turned over to law agencies

Personal searches should be avoided except for when imminent danger exists

Conduct the search in a private setting in a non demoralizing environment

Mass searches are illegal KNOW YOUR STATE CODE, i.e. strip searches

Technology

Pagers and Cellular Phones Use should not be banned unless

sufficient evidence of disruption or improper use

Guidelines need to be developed governing use of devices

If not permitted, exceptional cases should be allowed for emergencies

Policies must be guided by fairness and considerations of individual student needs

Do phones fit under search & seizure policies?

Technology continued

Know your school district’s technology usage policy.

Teachers may use for teaching purposes

Know your internet use policy Due Process needs to be enforced in

internet cases Teachers must follow same rules for

proper use of technology in the schools

Technology continued

Know discipline procedure for misuse of technology

Know that misuse of technology by faculty may result in dismissal

Report any misuse of technology immediately

“If it’s written/typed, it will likely be admissible in court”

Maintaining Classroom Control

Do not leave your class unattended Remember: If you were there, could

you have prevented the incident from occurring?

React to restrain if needed, but only to stop disturbance. Do not use excessive force in any situation

Protection of other students first

Copyright Issues

Fair Use Doctrine Reduces limitations for purposes of

education Brevity, spontaneity, cumulative

effect

Due Process

Students have a right to be heard. However, that hearing is dependent upon length of discipline to be enforced

Students have a right to representation by parents or others

Discipline must be appropriate to incident Have proof to take appropriate action. Do

not be arbitrary Teachers also have due process rights and

need to be aware of what they are

Understanding FERPA

Know what you can and cannot release to others Directory information is:

Name, address, phone, date and place of birth, extra curricular activities, weight, height, membership on athletic teams, dates of attendance, diploma and awards

Parents may request that information not be released

Student records

In cases of non-custodial parents, barring a court order, information must be shared with both parents involved

Release of student education records P/T Conference issues, i.e. step-

parents, etc.

NCLB

Make sure you as an instructional leader understand the elements of this legislation

How does it affect your classroom? What you are responsible to do? What can happen if your students do

not succeed?

Special Education

Understand inclusion Understand how different students

learn Lease restrictive environment Involvement of parents Involvement of the classroom

teacher