Teachers and the LawTeachers and the Law

Will GrantWill Grant

Front Range UniServ UnitFront Range UniServ Unit

““I’m not an attorney and I I’m not an attorney and I don’t play one on TV.”don’t play one on TV.”

Will GrantWill Grant

Front Range UniServ UnitFront Range UniServ Unit

““I’m not an attorney and I I’m not an attorney and I don’t play one on TV.”don’t play one on TV.”

Overview of Areas of Legal Overview of Areas of Legal Issues for TeachersIssues for Teachers

Federal LawsFederal Laws

State LawsState Laws

Local School Board PoliciesLocal School Board Policies

Basis for Federal Basis for Federal InvolvementInvolvement

General Welfare ClauseGeneral Welfare Clause“The Congress shall have Power to lay and “The Congress shall have Power to lay and collect Taxes, Duties, Imports and Excises, to collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common pay the Debts and provide for the common Defense and General Welfare of the United Defense and General Welfare of the United States…”States…”

Power of the purse strings (acquiescence by Power of the purse strings (acquiescence by states in accepting Federal grants)states in accepting Federal grants)

Court cases involving constitutional Court cases involving constitutional protectionsprotections

Basis for State InvolvementBasis for State Involvement

Colorado Constitution:Colorado Constitution:

““The general assembly shall…The general assembly shall…provide for the establishment and provide for the establishment and maintenance of a thorough and maintenance of a thorough and uniform system of free public schools uniform system of free public schools throughout the state…”throughout the state…”

Three Types of Legal IssuesThree Types of Legal Issues

Civil IssuesCivil Issues

Criminal IssuesCriminal Issues

Constitutional IssuesConstitutional Issues

Some Significant Legal Some Significant Legal Issues for TeachersIssues for Teachers

IDEA (Individuals with Disabilities IDEA (Individuals with Disabilities Education Act)Education Act)

Discrimination Issues based on age, Discrimination Issues based on age, sex, disability, religious beliefssex, disability, religious beliefsComplaints are generally handled Complaints are generally handled through the EEOC (Equal Employment through the EEOC (Equal Employment Opportunity Commission)Opportunity Commission)

Legal Issues (continued)Legal Issues (continued)

Liability IssuesLiability Issues

Sexual HarassmentSexual Harassment

Due Process (for Teachers and Due Process (for Teachers and Students)Students)

FERPAFERPA

NCLBNCLB

Legal Issues (continued)Legal Issues (continued)

Establishment Clause of the First Establishment Clause of the First AmendmentAmendment

Free Speech IssuesFree Speech Issues

Special Education (IDEA) & Special Education (IDEA) & 504 Plans504 Plans

Responsibilities in development of an Responsibilities in development of an IEP or a 504 planIEP or a 504 plan

Responsibilities in implementing an Responsibilities in implementing an IEP or a 504 planIEP or a 504 plan

Liability & Negligence: 4 Liability & Negligence: 4 Bases for LiabilityBases for Liability

District/school employee had a duty to District/school employee had a duty to be careful not to injure the student and be careful not to injure the student and to protect the student from being injuredto protect the student from being injured

District/school employee failed to use District/school employee failed to use due caredue care

District’s/school employee’s District’s/school employee’s carelessness caused the injurycarelessness caused the injury

The student sustained provable injuriesThe student sustained provable injuries

Sexual HarassmentSexual Harassment

Quid pro quoQuid pro quo

Hostile environment: in the Hostile environment: in the workplace or in the classroomworkplace or in the classroom

Due ProcessDue Process

Key elementsKey elements1. 1. Right to know the charges and evidence Right to know the charges and evidence against youagainst you2. Right to have a representative2. Right to have a representative3. Right to respond to the charges and 3. Right to respond to the charges and question witnesses against youquestion witnesses against you4. Right to a fair, impartial hearing4. Right to a fair, impartial hearing

Relation to Discipline of Students Relation to Discipline of Students

Scenario on Due ProcessScenario on Due Process

A teacher is called in shortly after A teacher is called in shortly after returning from spring break and told returning from spring break and told that his services are no longer needed. that his services are no longer needed. He should turn in his ID, keys, and He should turn in his ID, keys, and other School District property then other School District property then clean out his personal property. He is clean out his personal property. He is told that he will not be paid for the rest told that he will not be paid for the rest of the year since he will not be working.of the year since he will not be working.

Does the action meet the requirements of due Does the action meet the requirements of due process? Why or Why not?process? Why or Why not?

Probationary Status TeachersProbationary Status Teachers Probationary for first three years of Probationary for first three years of

employment as a teacher under current employment as a teacher under current lawlaw

Update to the law: must have three (3) Update to the law: must have three (3) consecutive years of “demonstrated consecutive years of “demonstrated effectiveness”effectiveness”

Beginning July 2013, district may Beginning July 2013, district may extend by one year probationary status extend by one year probationary status of teacher with three years of of teacher with three years of effectivenesseffectiveness

Have due process rights during the Have due process rights during the contract yearcontract year

Probationary Status Probationary Status TeachersTeachers

Can be dismissed through non-Can be dismissed through non-renewal of contract for any reason or renewal of contract for any reason or no reason at the end of a contract no reason at the end of a contract yearyear

While teacher must be given the While teacher must be given the reason for non-renewal if it is reason for non-renewal if it is requested, that reason may not be requested, that reason may not be used to challenge the non-renewalused to challenge the non-renewal

Non-Probationary Status TeachersNon-Probationary Status Teachers State law outlines reasons and process for State law outlines reasons and process for

the dismissal of a non-probationary the dismissal of a non-probationary teacher teacher

Right is generated by Fourteenth Right is generated by Fourteenth Amendment to the U. S. ConstitutionAmendment to the U. S. Constitution“…nor shall any State deprive any person “…nor shall any State deprive any person of life, liberty, or of life, liberty, or propertyproperty ( (emphasis emphasis added), without due process of law…”added), without due process of law…”

Under new law, a teacher can lose non-Under new law, a teacher can lose non-probationary status after two consecutive probationary status after two consecutive years of ratings as ineffectiveyears of ratings as ineffective

New Evaluation LawNew Evaluation Law Specific details are still in process of Specific details are still in process of

being finalizedbeing finalized Requires 50% of teacher’s performance Requires 50% of teacher’s performance

rating be based on “the academic growth rating be based on “the academic growth of the teacher’s students”of the teacher’s students”

Other 50% is based on pending Other 50% is based on pending legislation defining standards for legislation defining standards for effective teachingeffective teaching

Some districts are lobbying to use their Some districts are lobbying to use their own standardsown standards

Conduct Off the JobConduct Off the Job

Under what circumstances should an Under what circumstances should an employee’s conduct away from the employee’s conduct away from the job affect his/her employment?job affect his/her employment?

Should the standard(s) be different Should the standard(s) be different for teachers than for people who are for teachers than for people who are employed in other jobs?employed in other jobs?

New CDE Reporting New CDE Reporting RequirementRequirement

State Board of Education adopted rule State Board of Education adopted rule last spring requiring notification to last spring requiring notification to parents of parents of arrests or charges arrests or charges of of employees or former employees for employees or former employees for certain chargescertain charges

Must be sent within 24 hoursMust be sent within 24 hours If charges dropped or person exonerated, If charges dropped or person exonerated,

district must send follow up letter to that district must send follow up letter to that effecteffect

Scenario: Off-Duty ConductScenario: Off-Duty ConductAn art teacher also creates and sells An art teacher also creates and sells his own works of art. He creates them his own works of art. He creates them by putting paint on his naked by putting paint on his naked buttocks and smearing it on buttocks and smearing it on canvases. He posts footage showing canvases. He posts footage showing him creating such pieces of art on the him creating such pieces of art on the Web, and his supervisor discovers it.Web, and his supervisor discovers it.He has not taught this technique in He has not taught this technique in his classes.his classes.Can he justifiably be reprimanded, Can he justifiably be reprimanded, disciplined or terminated?disciplined or terminated?What could he do to avoid problems What could he do to avoid problems at work?at work?

Emerging High Tech IssuesEmerging High Tech Issues

MySpace and FaceBookMySpace and FaceBook Use of school district email address, Use of school district email address,

internet connectioninternet connection Communications via the internet (are Communications via the internet (are

they appropriate?, are they timely?, they appropriate?, are they timely?, do they interfere with your main work do they interfere with your main work responsibilities?)responsibilities?)

Cell phone usageCell phone usage

How to avoid criminal How to avoid criminal charges as a teachercharges as a teacher

Meet students (especially of the opposite sex) Meet students (especially of the opposite sex) in public places like the library/media center or in public places like the library/media center or a hallway preferably with other adults present.a hallway preferably with other adults present.

Maintain a professional distance from students. Maintain a professional distance from students. For example, do not give them rides in your car.For example, do not give them rides in your car.

Do not become too personal with your students. Do not become too personal with your students. Your care and concern should be professional Your care and concern should be professional only.only.

Do not give individual rewards or gifts.Do not give individual rewards or gifts.

How to avoid criminal How to avoid criminal charges as a teacher charges as a teacher

(continued)(continued) Don’t date any students. Arranging to see a Don’t date any students. Arranging to see a

student outside of school is a date. Don’t do it.student outside of school is a date. Don’t do it. A student is not your therapist. Don’t discuss A student is not your therapist. Don’t discuss

inappropriate topics about yourself.inappropriate topics about yourself. You are not your student’s therapist. Do not You are not your student’s therapist. Do not

discuss inappropriately personal topics with them.discuss inappropriately personal topics with them. Touch ONLY the bony parts – shoulders, elbows. Touch ONLY the bony parts – shoulders, elbows.

Limit your physical contact and ensure it cannot Limit your physical contact and ensure it cannot be misinterpreted.be misinterpreted.

How to avoid criminal How to avoid criminal charges as a teacher charges as a teacher

(continued again)(continued again) It should seem obvious, but do not It should seem obvious, but do not

have sex with a student – not any have sex with a student – not any kind, not any time, not anywhere!!kind, not any time, not anywhere!!

Never do anything out of anger. Never do anything out of anger. Count to 10 or 5 or even 3 if you Count to 10 or 5 or even 3 if you realize that you could be acting out realize that you could be acting out of anger. of anger.

Establishment ClauseEstablishment Clause The First Amendment prohibits the The First Amendment prohibits the

establishment of a religion by the establishment of a religion by the government as well as prohibiting the government as well as prohibiting the constraint of someone’s religious beliefsconstraint of someone’s religious beliefs

Schools are established by the Schools are established by the government.government.

Therefore, schools can teach about Therefore, schools can teach about religion but may not teach religion. religion but may not teach religion. (Seems like a subtle distinction, doesn’t (Seems like a subtle distinction, doesn’t it.)it.)

School FundingSchool Funding Based on a formula that includes a Based on a formula that includes a

variety of factorsvariety of factors Total is a combination of state and local Total is a combination of state and local

fundingfunding Amendment 23 was passed to ensure Amendment 23 was passed to ensure

funding for enrollment growth and funding for enrollment growth and inflationinflation

With past cuts and current proposal from With past cuts and current proposal from governor, cuts are $1.1 Billion less than governor, cuts are $1.1 Billion less than Amendment 23 would seem to requireAmendment 23 would seem to require