w.a. kritsonis, phd - legal liabilities for teachers and supervisors ppt
DESCRIPTION
About Dr. William Allan KritsonisWILLIAM ALLAN KRITSONIS was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. He was honored by the Texas National Association for Multicultural Education as Professor, Scholar, and Pioneer Publisher for Distinguished Service to Multicultural Research Publishing. The ceremony was held at Texas A&M University-College Station. He was inducted into the prestigious William H. Parker Leadership Academy Hall of Honor. He was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, United Kingdom. Dr. Kritsonis was a Visiting Scholar at Columbia University’s Teacher College in New York, and Visiting Scholar in the School of Education at Stanford University, Palo Alto, California. In May 2015, Dr. Kritsonis participated in the Think Tank on Global Education at the Harvard Graduate School of Education, Cambridge, Massachusetts. The think tank focused on how to help students develop intercultural awareness, knowledge of global issues, and multilingualism. He served on a national think tank appointed by the Secretary of Education in 2012-15 for Providence Rhode Island Schools with sessions conducted at Brown University in the Annenberg Institute for School Reform. In 2013, he was a nominee for the Outstanding Texas Educator Award exemplifying the leadership of John Ben Shepperd for public leadership education, ethics, and public service. He is Founder of National FORUM Journals (Since 1982). Professor Kritsonis is the author of numerous articles as well as author or coauthor of several books. He has served as a teacher, principal, superintendent of schools, director of student teaching and field experiences, professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has considerable experience in chairing PhD dissertations and teaching in doctoral and masters programs in educational leadership and supervision. He has earned the rank as professor at three universities in two states, including successful post-tenure reviews.Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. Dr. William Allan Kritsonis is presently Professor of Educational Leadership at The University of Texas of the Permian Basin in the College of Education within The University of Texas System. He teaches in the MA Principal and Superintendent Certification and preparation programs along with assisting to develop a new doctoral program. He earned his PhD from The University of Iowa, Iowa City, MEd from Seattle Pacific University, and BA from Central Washington University. David E. Herrington, PhDProfessorTexas A&M University-San AntonioSummer 2015TRANSCRIPT
PUBLIC SCHOOL LAWLegal Liabilities for Teachers
and Supervisors
Lecture Notes
William Allan Kritsonis, PhD
Legal Liabilities for Teachers and Supervisors
Legal Liabilities for Teachers and Supervisors
“Can I be held liable?”, is the question asked by educators more
than others..
Legal Liabilities for Teachers and Supervisors
Legal liabilities can be seperated into two different distinct catagories, criminal law and civil law. Most civil cases involve a lawsuit brought by one person against another, usually seeking monotary damages.
Legal Liabilities for Teachers and Supervisors
All teachers and administrators have a legal and professional liability that are governed by the law of “torts” or civil law in relation to their “duty of care” for students. A tort is a wrong committed by one person against another.
Legal Liabilities for Teachers and Supervisors
Under Criminal law sovereign immunity is applied. Sovereign immunity is the doctrine that states the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, the king (or queen) can do no wrong. Government entities, such as school districts and its employees, are immune from liabilities due to the doctrine of sovereign immunity.
Legal Liabilities for Teachers and Supervisors
Unless motor vehicles are involved, a school district and its employees are shielded by Texas law from tort liability. A clear cut example of the law shielding a district and its employee is seen in the 1978 Barr v. Bernhard case.
Legal Liabilities for Teachers and Supervisors
Public school professional employees are covered by a provision called qualified immunity which is provided by the Texas Education Code.
Legal Liabilities for Teachers and Supervisors
The specific provision, found at TEC 22.0511 provides in part that “a professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee”.
Legal Liabilities for Teachers and Supervisors
Professional employees include superintendents, principals, teachers, subs, supervisors, social workers, counselors, nurses, student teachers, DPS –certified bus drivers, school board members, teachers employed by a third party that contracts with the school district, and anyone else who is required to certification and an exercise of discretion.
Legal Liabilities for Teachers and Supervisors
When employees step outside of their protective zone they loose their immunity. The immunity conferred upon Texas public school employees by the qualified immunity statue is not automatic. Protection from civil liability is weakest when hands-on discipline is involved.
Legal Liabilities for Teachers and Supervisors
Federal lawsuits filed against school districts and their employees are referred to as Section 1983 suits. This law was designed to protect the civil rights of citizens while providing a broad basis for litigation in federal court.
Legal Liabilities for Teachers and Supervisors
Section 1983 suits involve a charge of an abuse of governmental authority that deprives someone (teacher, student) of federally protected rights.
Legal Liabilities for Teachers and Supervisors
The rights can range from infringing upon a student’s rights of his Fourth Amendment to an employee’s First Amendment rights to speak as a citizen on matters of public concern
Legal Liabilities for Teachers and Supervisors
The law states that “if a person making a decision is characterized as a policy-maker for the governmental entity, then that person’s action is attributable to the governmental entity”.
Legal Liabilities for Teachers and Supervisors
Another legal liability of employees and supervisors is the federal statutory law. Liability under federal statutory law of section 22.0511 states that a professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment.
Legal Liabilities for Teachers and Supervisors
In conclusion, Texas public school educators are shielded by state law from tort suits as long as they are acting in the scope of their duties and are exercising discretion.
Legal Liabilities for Teachers and Supervisors
On the other hand, educators in Texas have no immunity from violations of criminal law. The professional employee is only vulnerable to damage suits in disciplinary matters or in the operation, use, or maintenance of a motor vehicle.
Works Cited and References
Alberta Teachers Association. Training in Liability Issues and its Potential for Enhancing Working Conditions.
Retrieved April 12, 2008, from http://www.teachers.ab.ca/Templates/Secondary Page.aspx? NRMODE=Published&NRNO.
Blank, S. (2006). Teachers' Rights, Responsibilities, and Legal Liabilities. Edmonton, CA: Barnett House.
Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator's Guide to Texas School Law (6th ed.). Austin:
University of Texas Press.