teachers and the law 7 th chapter 12 what are my rights under due process? fischer, schimmel,...

Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007

Teachers and The LawTeachers and The Law77thth

Chapter 12Chapter 12What Are My Rights What Are My Rights

under under Due Process? Due Process?

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

PowerPoint PresentationPowerPoint Presentation

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

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Key ConceptsKey ConceptsWhat Are My Rights under Due Process?What Are My Rights under Due Process?

Due Process for Teachers

Due Process for Students

Corporal Punishment

School Searches


Chapter 12Chapter 12What Are My Rights under Due Process?What Are My Rights under Due Process?

Essential QuestionEssential Question

How have educators secured justice when they are in conflict with school officials?


KEY TERMS- Chapter 12KEY TERMS- Chapter 12

Arbitrary/discriminatory/unreasonable (229)

Procedural Due Process (235)

Probable Cause (254)

Reasonableness (256)

Zero Tolerance (261)

Exclusionary Rule (262)


• Tenured Teachers– Reasonable expectancy that their position will

be continuous – Continuous contract is tenure and that they

are protected under the due process clause

• Probationary Teachers– No continuous contract– Cannot make a claim against a property right

Due Process for Teachers


Arbitrary - Three Step Test Arbitrary - Three Step Test

• Legitimate social goal or objective to be attained by the law or policy

• Rational connection between the objective and the means created to achieve it

• Alternative and less restrictive ways of achieving the desired goal


CasesCases

Board of Regents v. RothBoard of Regents v. Roth

Board of Education v. DoyleBoard of Education v. Doyle(Mt. Healthy Case)(Mt. Healthy Case)


Mt. Healthy CaseMt. Healthy Case

• The Court tried to– balance the rights of the individual

probationary teacher with the social interest in conducting effective and efficient public schools.

– state that the individual has to show that the protected activity was a “substantial factor” or a “motivating factor” in the board’s decision not to renew the contract.


Procedural Due Process Procedural Due Process

Fairness in Procedures– has adequate Notice and Hearing before an impartial

tribunal where the teacher’s side of the conflict is presented.

– represented by lawyer.– present evidence and to cross-examine witnesses.– receive a written copy of the findings and conclusions.– has an opportunity to appeal.


Case PresentationCase PresentationCleveland Board of Education v. LoudermillCleveland Board of Education v. Loudermill


• In Loco Parentis Doctrine– means in place of the parents.– used to justify the power and authority of

school officials over students at school or while traveling to and from school.

– has been weakened since the courts are recognizing the constitutional rights applied to students and schools.

• Suspensions– Short, Minor, Serious cases

Due Process for Students


Due Process ProceduresDue Process Procedures

• Written notice – state charges– give the time and place of hearing– describe the procedures to be followed at the hearing

• evidence• witnesses/Substance of testimony• right to cross examine witnesses • present evidence on students’ behavior• written/tape record of proceedings • right of appeal


Case PresentationCase PresentationGoss v. LopezGoss v. Lopez


Disciplinary Situations Where Due Disciplinary Situations Where Due Process Is Not a PrerequisiteProcess Is Not a Prerequisite

• Myriad of trivial disciplinary matters routinely experienced in schools:– Legal maxim de minimis non court lex– Examples include

• brief detentions to do extra work.• verbal chastisement.• being sent to the office.

• Emergencies to preserve the safety of persons or property


Trivial or minor matters

Emergencies

Disciplinary matters 1-10

Modicum of Due Process

Disciplinary Matters Long Term Suspension or

Expulsion or Significant Penalty Extensive/Careful Due Process


• It is not unconstitutional.• Education is a function of state

government and state government may delegate this to the schools or local government.

• Reasonable limits • Parents (in general) can not prohibit the

use of corporal punishment if it is allowed by the state.

Corporal Punishment


Case PresentationCase PresentationIngraham v. WrightIngraham v. Wright


School officials can search student lockers • “Reasonable” - suspect that something illegal or

dangerous is in the locker Twofold inquiry

1. One must consider “whether the ….action was justified at its inception.

2. One must determine whether the search that was actually conducted was “reasonably related in scope to the circumstances which justified the interference in the first place.”

• In recent years, students have objected to searches without a warrant because this violates the Fourth Amendment right against illegal search and seizure.

School Searches


CasesCases

People v. OvertonPeople v. Overton

New Jersey v. T.L.O.New Jersey v. T.L.O.

Williams v. EllingtonWilliams v. Ellington


Unresolved Court IssuesUnresolved Court Issues

• What are the standards for searching lockers, desks, and other storage areas provided by schools?

• What is the role of educators in regards to searches at the request of law enforcement officials?

• Is “individualized suspicion” an essential part of the standard of reasonableness?

• Does the exclusionary rule apply to the fruits of unlawful searches conducted by school authorities?


Student Rights Student Rights

• Strip Searches • Pregnancy Test• Police search school

lockers or students without search warrants

• Urine test to detect or prevent drug abuse for students

• Zero Tolerance • Use of metal detectors• Forbid the bringing of

weapons to schools


Case PresentationCase Presentation

Vernonia School District v. ActonVernonia School District v. Acton


Gun-Free School Zone Act of 1990

Gun-Free School Act of 1994


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference


Chapter 12Chapter 12What Are My Rights under Due Process?What Are My Rights under Due Process?

Essential QuestionEssential Question

How do the court rulings for due process affect the decision making process that educators follow in resolving conflicts with teachers or students?

teachers and the law 7 th chapter 12 what are my rights under due process? fischer, schimmel,...

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