educational law: past & present preparing our next school leaders
TRANSCRIPT
Educational Law: Past & Present
Preparing our Next School Leaders
Dr. Michael J. Vetere, JrAssociate Professor
Edinboro University of [email protected]
www.edinboro.edu
Dr. Timothy W. GilsonAssistant Professor
University of Northern [email protected]/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