table 13.1 your legal rights rightlegal foundationsummary due processfifth and fourteenth amendments...

Table 13.1 Table 13.1

Your Legal RightsYour Legal RightsRight Legal Foundation Summary

Due process Fifth and Fourteenth Amendments to the U.S. Constitution

Every teacher is guaranteed the right to due process when personnel issues such as non-renewal of contracts and firing are raised.

Nondiscrimination Civil Rights Act of 1964

Section 504 of the Rehabilitation Act of 1990

Americans with Disabilities Act of 1990

Employers cannot discriminate in the hiring of teachers because of race, color, religion, sex, national origin, or disability.

Freedom of expression

Pickering v. Board of Education (1968)

Freedom to express opinions about actions of administrators and school board when this does not impact the smooth functioning of schools.

Parducci v. Rutland (1970) Right of teachers to speak about the subjects they teach (academic freedom).

Copyright ©2004 by Pearson Education, Inc.All rights reserved.

HennigerThe Teaching Experience:An Introduction to Reflective Practice

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Figure 13.1Figure 13.1

Ensuring Due ProcessEnsuring Due Process

To ensure due process, teachers must be given:

1. Notification of the charges

2. An opportunity for a hearing

3. Time to prepare a response to the charges

4. The names of witnesses and time to review the evidence

5. An impartial hearing

6. The option of being represented by an attorney

7. The chance to provide their own evidence and to cross-

examine witnesses

8. A summary of the procedures and results of the hearing

9. The right to appeal any decisions of the hearing

Source: Public School Law: Teachers’ and Students’ Rights, 4th ed., by M. McCarthy, N. Cambron-McCabe, and S. Thomas, 1998, Boston: Allyn and Bacon.



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Table 13.2Table 13.2

Freedom of ExpressionFreedom of Expression

Type Legal Basis Description

Freedom of speech

Pickering v. Board of Education (1968)

Teachers have the right to be publicly critical of schools as long as they do not disrupt the smooth functioning of the schools.

Freedom of symbolic expression

Guzick v. Debras (1971)

Posters, buttons worn on clothing, and styles of clothing that express specific opinions about societal issues are allowed as long as they do not significantly disrupt schooling.

Academic freedom

Parducci v. Rutland (1970)Cary v. Board of Education (1979)

Teachers may speak freely about the subjects they teach and select materials and methods they feel are appropriate as long as their activity does not disrupt school functioning or conflict with district or government policy.



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Teachers’ Legal Teachers’ Legal ResponsibilitiesResponsibilitiesResponsibili

tyLegal Foundation Summary

Avoiding liability due to negligence or malpractice

Sheehan v. St. Peters Catholic Church (1971)

B.M. by Berger v. State of Montana (1982)

Teachers are negligent when they fail to do what a reasonable person would have done in the same circumstances and students are injured.

Teachers and schools engage in malpractice when students are inappropriately placed in special education classes.

Reporting child abuse and neglect

Child Abuse Prevention and Treatment Act of 1974Legal mandates from each of the 50 states

McDonald v. State of Oregon (1985)

Teachers are required to report suspected cases of child abuse or neglect.

Teachers cannot be sued for libel when they act in good faith to report suspected abuse or neglect.

Observing copyright laws

Copyright Act of 1976 Teachers can make one copy of materials for personal use in preparing for instruction, but must limit the copies they provide to students in their classes.Copyright ©2004 by Pearson Education, Inc.

All rights reserved.


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Photocopying Copyrighted Materials Photocopying Copyrighted Materials for Classesfor Classes

Item Length

Complete poem If less than 250 words

Excerpt from longer poem Excerpt must be less than 250 words

Complete article, story, or essay

If less than 2,500 words

Longer article, story, essay or book

Excerpt must be less than 1,000 words

Chart, diagram, or cartoon No more than one from a book or magazine

Source: Teachers and the Law, 6th ed., by L. Fischer, D. Schimmel, and C. Kelly, 2003, New York: Longman.



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Wisconsin Elementary Teacher Wisconsin Elementary Teacher Certification Requirements, Grades 1-6Certification Requirements, Grades 1-6

Source: Teacher Education and Licensing, by Wisconsin Department of Public Instruction, 2001. Retrieved April 21, 2003, http://www.dpi.state.wi.us

Category Description

All teacher education candidates

1. Three semester credits in special education2. Preparation in human relations3. Preparation in working with children at risk4. Study of the history, philosophy, and social foundations of education5. Course work addressing legal, political, economic, and governmental

foundations of education6. Study of gifted and talented students7. Preparation in conflict resolution

Elementary education candidates

1. At least 12 semester credits of course work in teaching reading and the language arts

2. At least 12 semester credits in teaching mathematics, social studies, and science education

3. Course work in environmental education4. Course work in educational psychology or the psychology of learning5. Study in the methods of teaching6. Student teaching7. A minor approved by the state superintendent of instruction



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The Praxis Series ExamsThe Praxis Series Exams

Exam Description

Praxis I

Approximately 70% of the states currently require teacher education students to take a basic skills test like the Praxis I as a requirement for entrance into teacher education. The Praxis I measures basic reading, writing, and mathematics skills. These assessments are available in either a paper-based or computer-based format.

Praxis II

States that use the Praxis II exam typically use it as an exit examination. When students have completed their college course work and are preparing to enter the profession, this exam measures their knowledge of the subjects they will teach, principles of teaching, and understanding of how students learn.



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What Does the National Education What Does the National Education Association Do?Association Do?

Level Actions

LocalConducts professional workshops.

Supports collective bargaining and strike efforts (where legal).

StateLobbies legislators for school resources.

Campaigns for higher professional standards for teaching.

Files legal actions to protect academic freedom.

NationalCoordinates innovative projects in education.

Fights or supports congressional efforts related to education. Source: National Education Association Frequently Asked Questions, by National

Education Association, 2001. Retrieved September 10, 2001, from http://www.nea.org/aboutnea/faq.html



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Figure 13.2Figure 13.2

Corporal PunishmentCorporal Punishment

Source: Facts About Corporal Punishment, by National Coalition for Abolishing Corporal Punishment in the Schools, 2002. Retrieved October 18, 2002, from http://www.stophitting.com/disatschool/facts.php#U.S.%20States%20Banning%20Corporal%20Punishment

States allowing corporal punishment: ID, CO, NM, TX, MO, AR, LA, MS, TN, KY, IN, AL, SC

States in which more than half of the students are in districts with no corporal punishment: AZ, WY, KS, OK, OH, PA, NC, GA, FL

States that have banned corporal punishment



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Religion and SchoolingReligion and Schooling

Issues Legal Foundation

Summary

Separation of church and state

First Amendment, U.S. Constitution

Laws cannot promote or prohibit religious expression.

School-sponsored prayer and Bible study

Engel v. Vitale (1962)

Schools may not sponsor prayer or Bible study because of students’ First Amendment rights.

Prayer at public school functions

Lee v. Weisman (1992)

Prayer at public school functions is unconstitutional.

Religious clubs Board of Education of Westside Community Schools v. Mergens (1990)

Religious clubs can have access to school buildings when other non-curriculum-related student groups are also allowed space.



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Responding to Sexual Harassment Responding to Sexual Harassment Among StudentsAmong Students

Strategy Description

Student education on harassment

This should begin in elementary school, be age appropriate, and describe what constitutes harassment without creating a climate of fear.

Antiharassment policy

Every school should have a well-publicized policy that prohibits all forms of verbal and physical harassment.

Responding to harassment

Everyone involved (including witnesses) should be given the opportunity to describe the harassment in their own words. The targets should be asked about solutions to the problem.

Professional development

Schools should provide regular training to staff in how to deal with harassment.

Family involvement Families should be educated about harassment and their support solicited in dealing with problems as they arise.



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The Buckley The Buckley AmendmentAmendment

Feature Description

Written policy School districts must have a written policy that deals with student records and informs parents annually of their rights under the act.

Reviewing student files

School personnel, parents, and eligible students can review their files, but others may not.

Challenging contents of files

Procedures are in place for parents and eligible students to challenge the contents of the files.

Meeting terms of the act

Parents can contact the Family Right to Privacy Act Office when they feel the school has failed to meet the terms of the act.

Source: Teachers and the Law, 6th ed., by L. Fischer, D. Schimmel, and C. Kelly, 2003, New York: Longman.



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Effective Zero-Tolerance PoliciesEffective Zero-Tolerance PoliciesThe following elements are considered necessary for an effective zero-

tolerance policy:

• Specify clear consequences for misbehavior, with consistency of application.

• Allow flexibility and consider expulsion alternatives.

• Clearly define what constitutes a weapon, a drug, or an act of misbehavior.

• Comply with state due process laws and allow for student hearings.

• Develop the policy collaboratively with all stake-holding agencies (for example, state departments of education, juvenile justice, and health and human services).

• Learn from the experiences educators have had with zero tolerance in other states, schools and districts.

• Integrate comprehensive health education programs that include drug and alcohol curricula.

• Tailor the policy to local needs.

• Review the policy each year. Source: Zero Tolerance Policies (ERIC Digest No. 146), by T. McAndrews, 2001. Retrieved April 21, 2003, from http://www.ed/gov/databases/ERIC_Digests/ed451579.html



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